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2004/08/16Council met on Monday, August 16, 2004 at 6:30 p.m. in an In Camera Session. All Members of Council were present, with the exception of Alderman Morocco and Alderman Pietrangelo. Alderman Diodati presided as Chair. Following consideration of the items presented, the In Camera session rose to report in open session. READ AND ADOPTED, EIGHTEENTH MEETING In Camera Session DEAN IORF A, CItY CLERK R. T. (TED) SALCI, MAYOR PLANNING MEETING Council met on Monday, August 16, 2004 at 7:00 p.m. for the purpose of considering Planning /Regular Business matters. All members of Council, with the exception of Aldermen Morocco and Pietrangelo, were present. Alderman Kerrio offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTEREST Committee Room #2 August 16, 2004 Council Chambers August 16, 2004 Alderman Janice Wing indicated a conflict of interest from Report No. F- 2004 -52, Cheque Nos. 285555 and 285709 because she owns property with an employee of the Niagara Parks Commission as well as Cheque No. 285749 because it was a replacement cheque payable to her. She also indicated a conflict of interest from Council "In Camera" Report No. L- 2004 -38 as the Niagara Parks Commission is one of the partners. Alderman Vince Kerrio indicated a conflict of interest from Council "In Camera" Report No. L- 2004 -38 and Report No. PD- 2004 -79 as it pertains to his neighbour. Alderman Wayne Campbell indicated a conflict of Interest from Report No. F- 2004 -52, Cheque No. 285663 as it's made payable to his employer, District School Board of Niagara. His Worship Mayor Ted Salci indicated a conflict of interest from Report No. F- 2004 -52, Cheque No. 285727 and 285860 as they are made payable to him. Alderman loannoni indicated a potential conflict of interest to Report No. F- 2004 -52, Cheque No. 285775, made payable to Borden, Ladner Gervais. Terry Fox Run PRESENTATIONS Debbie Mclnness of the Patchwork Porch presented His Worship Mayor Salci with a commemorative quilt celebrating the City's centennial. She advised Council that 50 quilters took part in making the 100 blocks and informed Council where it would be displayed over the next few months before returning to City Hall. DEPUTATIONS Les Potapczyk, Chairman of this year's Terry Fox Run, provided Council with a history of the Terry Fox Run and invited all Members of Council and the community to support and participate in this year's events, including a barbecue at City Hall and a commemorative calendar. PLANNING MATTERS August 16, 2004 Council Minutes PD- 2004 -76 Chief Administrative Officer RE: AM- 05/2002, Official Plan Zoning By -law Amendment Application; West Side of Morris Road and the North Side of Grassy Brook Road between Morris Road and Crowland Road; Owner: Grand Niagara Resort Corporation, Agent: Glenn Schnarr Associates; West Golf Course Expansion. The report recommends that Council approve the Official Plan and Zoning By -law amendment application to facilitate the expansion of the golf course component of the Grand Niagara Resort Development and direct staff to prepare the necessary document for adoption as outlined in this report, once environmental matters have been reviewed by the Ministry of Natural Resources and the Niagara Peninsula Conservation Authority. -AND Communication No. 133 Correspondence from Lucille Coleman opposing the application because it is a wetland area and constitutes a high quality site for wildlife. -AND Communication No. 134 Correspondence From Jeffrey Wilker, Thomson Rogers, re- iterating the planning approvals determined by the Ontario Municipal Board regarding the separation distance between the development block and the intersection of Garner Road and Chippawa Creek Road. -AND Communication No. 135 Correspondence from J. Ross MacFarlane, Flett Beccario, expressing the opposition of their clients, Jack Facca and Aileen Cerroni, to this application because of the location of the main entranceway as well as the proposed crossings at pubic roadways which would pose a safety hazard to both residents and golfers. 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 He further advised that the Notice of the Public Meeting had been given by First Class mail, in accordance with the Planning Act on July 16, 2004 and by posting a sign on the property in question. He informed that anyone wishing to receive notice of the passage of the official plan and 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. August 16, 2004 Council Minutes The Deputy Director of Planning and Development discussed the subject property through the use of posted sketches and reviewed the Recommendation report. The subject application involves three parcels of land proposed for golf course and driving range uses only. These lands contain significant natural features. An environmental impact study prepared by the applicant's consultants proposes a new wetland boundary for the west parcel of land. The Region and Niagara Peninsula Conservation Authority have requested further review of the boundary. Past concerns of area residents regarding potential road closures were noted. It was emphasized that the applicant has no plans, as per this application, to close Grassybrook and Crowland Avenues. The extension of the permitted golf course can be considered compatible for the area. Staff recommendation is to approve the requested amendment to the Official Plan and Zoning by -law. 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. J. Ross MacFarlane, Flett Beccario, solicitor for Mr. Jack Facca and Ms. Aileen Cerroni questioned the "piece meal" process in which the applications related to the golf course have occurred. He called into question a site plan he had viewed, claimed there were seven crossing points over public lands and expressed concerns of access for his clients. The Deputy Director of Planning indicated that the site plan that staff have contain no indication of public crossings. Dolores Wright, 9963 Grassy Brook Road, advised Council of her concerns, particularly the wetland, closure of road access and pedestrian traffic over the roadways. Mr. Carl Brawley, Glenn Schnarr Associates, for the applicant, indicated that they are very conscientious of environmental concerns. He pointed out that a golf hole was probably less intrusive than the farming that could occur on the west lands. Mr. Brawley indicated that the consultants mapping is more detailed than the Ministry of Natural Resources, that their design will be adapted if there are no road closures and that they would deal with Parking Traffic concerning public crossings. Disappointment was expressed that the Grand Niagara Resort concept plan continually depicts the closure of Grassy Brook Road and Council's former decision that denied the request to close the roadway was reiterated. Since no further comments were forthcoming, Mayor Salci declared the Public Meeting with regard to AM -05 -2002 closed. ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni, that the recommendation be denied. The motion Carried with Alderman Kerrio and Alderman Volpatti opposed. PD- 2004 -77, Chief Administrative Officer, Re Removal of a Holding Symbol, AM- 01/2003, Lands South of Marineland Parkway; Applicant: Fallsview Golf Inc.; Agent: Italia Gilberti, Broderick Partners, Proposed Golf Course. The report recommends that 1) Council pass the by -law appearing on tonight's agenda to lift the holding symbol (H) from a portion of the lands zoned Open Space H (OS(H)) shown on Schedule 1; -4- August 16, 2004 Council Minutes 2) The Corporation of the City of Niagara Falls "City obtain and register an easement from The Canada Southern Railway Company "CSR for an existing unregistered easement in favour of the City over Parts 2, 5, 20 and 27 on an excerpt of the draft Reference Plan, referenced as Parcel 1 herein and shown hatched on the attached Schedule "A for nominal consideration; and 3) an easement over Parts 31 and 32, 35 and 36, 39 and 40, 45, 50 and 51, 52, 62 and 63 on an excerpt of the draft Reference Plan, referenced as Parcel 2 herein and shown hatched on the attached Schedule "B" be granted to CSR and Fallsview Golf Inc. "Fallsview for nominal consideration; 4) an easement over Parts, 11, 12, 14, 15, 16, 17, 30, 33, 34 37, 38, 41, 42, 43, 44, 46, 47, 48, 49 and 61 on an excerpt of the draft Reference Plan, referenced as Parcel 3 herein and hatched on the attached Schedule "C" be granted to CSR and Fallsview, for nominal consideration; 5) an easement over Parts 50, 52 and 56 on an excerpt of the draft Reference Plan, referenced as Parcel 4 herein and shown hatched on the attached Schedule "D" be granted to CSR and Fallsview, for nominal consideration; and 6) an easement over Parts 64, 65, 66, 67, 68 and 69 on an excerpt of the draft Reference Plan, referenced as Parcel 5 herein and shown hatched on the attached Schedule "E" be granted to CSR and Fallsview, for nominal consideration. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that this matter be addressed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the report be received and adopted, Carried Unanimously. PD- 2004 -72 Chief Administrative Officer Re: AM- 32/2004, Official Plan Zoning By -law Amendment Application; 9441 Lundy's Lane; Applicant: Willi Helmut Praxl; Agent: Richard Brady, Planner, Proposal to Permit Estate Wineries within Good General Agriculture Lands. The report recommends that Council hold the public meeting in order to obtain information respecting the issues surrounding the proposal to establish estate wineries within Good General Agriculture lands so that staff may continue to work with the Region and the applicant in order to formulate the appropriate amendments for Council's consideration. -AND Communication No. 136 Correspondence from Jean Grandoni asking that Council be cautious in the wording of this amendment and ensure that illegal uses do not result. 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. He further advised that the Notice of the Public Meeting had been given by First Class mail, in accordance with the Planning Act on July 9, 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 Deputy Director of Planning and Development discussed the subject property, through posted sketches and reviewed the Recommendation report. The property is 60 acres. The proposal calls for a winery, wine retail store and bed and breakfast. Questions that need to be answered include is there merit to have a winery outside of good grape lands, what is the appropriate size of such an operation and how much wine should be produced on site. Staffs recommendation is to obtain public input and that Council refer the matter back to for further investigation and a future report. 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. Auaust 16, 2004 Council Minutes There was a positive response to Mayor Salci's request for comments. Mr. Richard Brady, Agent, highlighted that the proposal presented a new form of tourism. He outlined the difficulties the proposal has had with various authorities. Mr. Brady indicated that wine is being produced through a license from the Alcohol Gaming Commission allowing th owner to sell to restaurants and the LCBO. The applicant wants to have the right of many other wineries, to sell on -site. Since no further comments were forthcoming, Mayor Salci declared the Public Meeting with regard to AM- 32/2004 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that the recommendation in the report be approved. Carried Unanimously. PD- 2004 -66 Chief Administrative Officer Re: AM- 36/2004, Zoning By -law Amendment Application; 6269 6293 Dorchester Road; Applicant: 121190 Ontario Inc.; Agent: Richard Brady, Planner; Proposed Single Detached and Apartment, Vacant Land Condominium. The report recommends that Council approve the requested Zoning By -law amendment application to permit the future development of four (4) single detached dwellings and an eight (8) unit apartment, at 6269 and 6293 Dorchester Road through the vacant land condominium process. AND Communication No. 137 Correspondence from the Planning and Development Department, Regional Municipality of Niagara, advising Council that they have no objection to the approval of this latest zoning by -law amendment application and asking that the applicant contact Regional Public Works regarding the collection of waste. -AND Communication No. 138 Correspondence from Dr. Vladmir Vasic expressing his opposition to this application because of the increased traffic and the environment. AND Communication No. 139 Correspondence from Dr. Vladmir Vasic expressing his opposition to this application and asking that Council preserve this area due to the five (5) rare birds on this property. -AND Communication No. 140 Correspondence from Shelagh Robert Lalonde expressing their opposition to the eight (8) unit apartment building on the property and asking Council to allow the owner to build only single family dwellings. AND Communication No. 141 Petition from area residents opposing 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. He further advised that the Notice of the Public Meeting had been given by First Class mail, in accordance with the Planning Act on July 9, 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 should leave their names on the sign -in sheets outside the Council Chambers. The Deputy Director of Planning and Development discussed the subject property through the use of posted sketches and reviewed the Recommendation report. Surrounding lands are zoned residential. Zoning the property R1C will bring it line with other properties in the area. -6- August 16, 2004 Council Minutes The Deputy Planner outlined prior applications at this location. The current application meets Smart Growth principles, has relatively low density, setbacks and buffering are sufficient and past traffic studies had indicated that the proposal would not have an adverse effect. Staff were in support of the Zoning By -law Amendment. 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. Shelagh Lalonde, 6918 Coach Drive, felt the property was too narrow, opposed the eight unit apartment and felt traffic would be a problem. Rita Ashay, 6278 Dorchester Road, advised Council that she is in favour of the detached dwellings on the property but does not want the eight (8) unit apartment. She also expressed her concern with the increased traffic as she lives directly adjacent to the property and will find it difficult to get in and out of her driveway. Klaus Dunker, 6311 Dorchester Road, felt the large lots would set a precedent. Dr. Vladimir Vasic, 6358 Brookfield Avenue, felt the development would have a negative impact on the neighbourhood. Richard Brady, for the Applicant, advised Council that the Applicant has met with the residents to devise a plan that would conform with the area and address their concerns. The Applicant believed this design was favoured by the area residents. He highlighted some of the area residents concerns and the amendments that were made to resolve these concerns. He pointed out that the project probably was not dense enough with regard to in- filling. Mr. Brady responded that the houses would be approximately 2,000 sq. ft. and the apartments would be between 1,000 and 1,500 sq. ft. and would cost approximately $140 per square foot. He also indicated that the concern regarding the apartment overlooking backyards had been solved. It was pointed out that the applicant had an appeal at the O.M.B. Mr. Brady assured Council that the appeal would be withdrawn if the application on the agenda was approved. Since no further comments were forthcoming, His Worship Mayor Salci declared the Public Meeting with regard to AM- 36/2004 closed. ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing, that the application be denied. The motion was Defeated with the following requested recorded vote. AYE Alderman loannoni NAYE Alderman Campbell NAYE Alderman Kerrio NAYE His Worship Mayor Salci AYE Alderman Wing NAYE Alderman Diodati NAYE Alderman Volpatti ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the Recommendation report be approved and that the interested neighbours be involved in the Site Plan process. The motion Carried with Alderman loannoni and Alderman Wing voting against. -7- August 16. 2004 Council Minutes PD- 2004 -67 Chief Administrative Officer Re: AM- 34/2004, Zoning By -law AmendmentApplication; 5830 Stanley Avenue; Applicant: Feliciano Pingue; Request to Add a Tattoo Studio as a Permitted Use. The report recommends that Council approve the requested Zoning By -law amendment application to add a tattoo studio as a use on the subject lands. -AND Communication No. 142 Correspondence from Charles Zarafonitis, Kings Inn Motor Lodge, expressing his opposition 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. He further advised that the Notice of the Public Meeting had been given by First Class mail, in accordance with the Planning Act on July 16, 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 should leave their names on the sign -in sheets outside the Council Chambers. The Deputy Director of Planning and Development discussed the subject property through the use of posted sketches and reviewed the Recommendation report. The commercial space is small and a residential unit would remain upstairs. Landscaping was being requested in accordance with the streetscape master plan. Certain parking spots can not be recognized because they do not conform, however, the three existing spots should be sufficient. Staff were in support of the Zoning By -law Amendment. 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. Greenbaum, who recently moved to Niagara Falls, was familiar with the tattoo artist from Toronto and indicated that the artist ran a good business. He felt that this was an example of small entrepreneurial businesses that should be encouraged. David Daniels, 5146 Willmott Avenue, described his business and track record. Felix Pingue, Applicant, explained the reason for his application and assured Council that he would complete the green space requirements of the Planning Division. Since no further comments were forthcoming, His Worship Mayor Salci declared the Public Meeting with regard to AM- 34/2004 closed. ORDERED on the motion of Alderman loannoni, seconded by Alderman Diodati, that the Recommendation report be approved. Carried Unanimously. PD- 2004 -65 Chief Administrative Officer Re: AM- 33/2004, Zoning By -law AmendmentApplication; 5205 Fourth Avenue; Applicant: Margaret Elizabeth Pinter; Proposed Martial Arts School and Residential Unit. The report recommends that Council approve the Zoning By -law amendment application to permit a martial arts school on the subject lands subject to the standards discussed in this report. -AND Communication No. 143 Correspondence from the Planning and Development Department, Regional Municipality of Niagara, indicating that the proposal does not appear to offend any specific Provincial or Regional policies. -8- August 16, 2004 Council Minutes It also notes that Site Plan Approval is required and suggests that the City address matters related to land -use compatibility. The letter further requests the opportunity to comment prior to the approval of any plans, if the application is approved. AND Communication No. 144 Correspondence from Mary Dion expressing her support of 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. He further advised that the Notice of the Public Meeting had been given by First Class mail, in accordance with the Planning Act on July 16, 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 should leave their names on the sign -in sheets outside the Council Chambers. The Deputy Director of Planning and Development discussed the subject property though the use of posted sketches and reviewed the Recommendation report. The property was a church. The main floor would be a residence with a martial arts school in the basement. The new use could be compared to the permitted use of a Sunday school, therefore, staff were in support of the Zoning By -law Amendment. 14 parking spots comply, four spots are partially on the road allowance requiring an encroachment agreement. 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. David Tanfara advised Council he was opposed to this application and expressed his concerns about future commercial development in his area. Mary Dion indicated her support for the application and that the property had been substantially cleaned up because of the new owner. Margaret Pinter, Applicant, outlined her plans for the property and that living on site would discourage vandalism. Since no further comments were forthcoming, His Worship Mayor Salci declared the Public Meeting with regard to AM- 33/2004 closed. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Campbell, that the Recommendation report be approved. Carried Unanimously. PD- 2004 -74 Chief Administrative Officer Re: AM- 35/2004, Zoning By -law Amendment Application; 4403 Morrison Street and 4781 4785 Ontario Avenue; Applicant: Eric Leatherbarrow; Agent: Allan Heywood, Surveyor, Recognition of Existing Dwellings. The report recommends that Council approve the requested Zoning By -law amendment for 4403 Morrison Street and 4781 and 4785 Ontario Avenue to recognize the existing dwellings on each parcel under the current Residential Apartment 5F Density (R5F) zone. AND Communication No. 145 Correspondence from Rene Randall asking that the property remain zoned for single dwellings and not changed to an apartment zoning. August 16, 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. He further advised that the Notice of the Public Meeting had been given by First Class mail, in accordance with the Planning Act on July 16, 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 should leave their names on the sign -in sheets outside the Council Chambers. The Deputy Director of Planning and Development discussed the subject property through the use of posted sketches and reviewed the Recommendation report. He indicated that the R5A zoning permits high density residential uses; the properties had been severed through the Committee of Adjustment recently and this application would recognize the existing uses. Staff were in support of the Zoning By -law Amendment. 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. Since no further comments were forthcoming, His Worship Mayor Salci declared the Public Meeting with regard to AM- 35/2004 closed. ORDERED on the motion of Alderman Kerrio, seconded by Alderman loannoni, that the Recommendation report be approved. Carried Unanimously. RESOLUTION NO. 14 VOLPATTI DIODATI THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the City of Niagara Falls hereby determines, in accordance with Section 34(17) of the Planning Act, R.S.O., that the change to the proposed zoning by -law for application AM- 21/2004 (Carmen Grisafi (TAGC Holdings) regarding a proposed 6- storey hotel at 5640 5700 Stanley Avenue and 5651, 5653 5659 Buchanan Avenue) is minor in nature and does not require any further notice. Carried Unanimously. PD- 2004 -68, Chief Administrative Officer, RE: Zoning By -law Amendment Application, AM- 21/2004; 5700 Stanley Avenue; Applicant: Carmen Grisafi (TAGC Holdings); Proposed Holding Zone Provision. The report recommends that 1) Council pass the revised amending by -law on tonight's agenda to permit a hotel development on the above -noted lands with the lifting of a holding provision; and 2) Council determine by resolution that the use of a holding provision is a minor change to the by -law and does not require further notice to be given. Deputy Director of Planning and Development provided an overview of the report and advised that Staff were in support of this Zoning By -law Amendment. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Volpatti, that the Recommendation report be approved. Carried Unanimously. PD- 2004 -75, Chief Administrative Officer, RE: Implementation Report, Fernwood Draft Plan of Subdivision 26T -11- 2004 -03 (Revised), Official Plan Zoning By -law Amendment Application AM- 23/2003, Zoning By -law Amendment Application AM- 17/2004, Owner: 800460 Ontario Limited. The report recommends that 1) the applications to amend the Official Plan and Zoning By -law be approved and Council pass the by -laws included in tonight's agenda; 2) the Fernwood Plan "C" Modified Subdivision be draft approved subject to the conditions in the attached Appendix; 3) 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; 4) draft approval be given for three (3) years, after which approval will lapse unless an extension is requested by the developer -10- August 16, 2004 Council Minutes and, subject to review, granted by Council; and 5) Council authorize the execution of a future agreement between the City and Canadian National Railway (CN) with respect to land abutting the railway right -of -way that is to be conveyed by the developer to the City in order to secure the construction and maintenance of required mitigation measures and payment of CN's reasonable costs in preparing and negotiating the agreement. AND Communication No. 146 Correspondence from Planning and Development Department, Regional Municipality of Niagara requesting deferral of the application. -AND Communication No. 147 Correspondence from Victor Muratori, Sullivan Mahoney, requesting Council's support and asking that Council incorporate conditions, as set out in his letter, normally required by the Region in order to expedite the application. AND Communication No. 148 Correspondence from Frank Fohr expressing his comments on the application and asking that the application be approved only if the woodlot is sold to the City so that it can be preserved. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that the Recommendation report be approved. The motion Carried with Alderman Wing and Alderman Campbell opposed. PD- 2004 -79, Chief Administrative Officer, RE: 1) Hilton Hotel Official Plan for Securing Cash Contributions for Capital Facilities under Section 37 of the Planning Act; and 2) Implementation of Council's Section 37 Community Benefits Programme. The report recommends that Council: 1) formally adopt Official Plan Amendment (OPA) No. 56 appearing on tonight's agenda to secure appropriate community benefits from the approved Hilton Hotel project pursuant to Section 37 of the Planning Act; and 2) reconvene the Council Committee previously established regarding the Section 37 Community Benefits Program to clarify policy directions and report back to Council. The Executive Director of Corporate Services and the Deputy Director of Planning provided an overview of the report. A lengthy discussion took place about the company that prepared the Tourism Policy Review and the People Mover Parking Strategy as they have been short- listed as one of the possible proponents for the People Mover System. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the Recommendation report be approved. The motion Carried with the following requested recorded vote (with the exception of Alderman Kerrio due to previously noted conflict). AYE Alderman Campbell AYE Alderman Diodati AYE Alderman Volpatti AYE His Worship Mayor Salci NAYE Alderman loannoni NAYE Alderman Wing ADDITIONAL PUBLIC MEETINGS AND RELATED REPORTS CD- 2004 -18, Chief Administrative Officer, RE: Fees Charges. The report recommends that Council approve the increase to various fees; and that staff be directed to look into possible future revenue streams. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that the Recommendation report be approved. Carried Unanimously F- 2004 -94, Chief Administrative Officer, RE: 2004 General Purposes Budget Amendment. The report recommends that Council approve the revenue and expense amendments to the 2004 General Purposes Budget. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Volpatti, that the Recommendation report be approved. Carried Unanimously F- 2004 -50, Chief Administrative Officer, RE: Review of Budget Process 2005 Budget Schedule. The report recommends that 1) Council receive and file the review of last year's budget process; and 2) Council approve, in principle, the 2005 Budget schedule. ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that the Recommendation report be approved with the following additions: that the budget be approved by year's end, that no town hall meetings take place but public input continued to be solicited and that budget deliberations occur in the Council Chambers to allow the public to witness the discussions. Carried Unanimously REGULAR MEETING REPORTS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the Consent Agenda be brought forward. Carried Unanimously The following reports were removed from the Consent Agenda and dealt with separately: MW- 2004 -123, Grassybrook Service Area, Sanitary Servicing Review, Municipal Class EA, Consultant Engagement; Following some discussion, it was ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti that the recommendation to engage the services of Philips Engineering Ltd. be approved. Carried Unanimously PD- 2004 -73, Proposed Terms of Reference Niagara Waste Systems (Walker Industries Holdings Limited), Provision of Future Waste Disposal Capacity in the City of Niagara Falls; The Deputy Director of Planning and Development explained that the MOE has asked for comments from the City. If Council does not adopt the recommendation then the City's requested modifications will not be included in the MOE's Terms of Reference. ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti that Council inform the Ministry of Environment that it has no objections to the approval of the Terms of Reference subject to modifications outlined in the report. Motion Carried with Alderman loannoni and Alderman Wing opposed. August 16, 2004 Council Minutes Council Chambers August 16 2004 -12- 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. 1. CD- 2004 -19, Special Occasion Permit, Chippawa Lions Club; 2. F- 2004 -52, Municipal Accounts; 3. F- 2004 -48, Agreement with Brinks Canada Limited; 4. F- 2004 -51, Major Receivables Quarterly Report; 5. MW- 2004 -119, Traffic Control Signal Devices Maintenance Operations Agreement; 6. MW- 2004 -127, Occupation of City Roads NRBN Fibre Optic Project; 7. MW- 2004 -128, 2004 127 -03, Beaverdams Road Traffic Calming and Asphalt Overlay, Lundy's Lane to Kalar Road; 8. MW- 2004 -129, 2004 130 -03, Kalar Road Reconstruction Storm Sewer from Thorold Stone Road to Shriner's Creek; 9. MW- 2004 -130, 2004 140 -04, Kalar Road Sidewalk Construction from Shriner's Creek to Mount Carmel Boulevard; 10. PD- 2004 -69, Ministry of Municipal Affairs Housing, Planning Reform Initiatives; 11. PD- 2004 -71, Request for Extension to Draft Plan Approval, Chippawa West Phase II, File 26T- 94009, Owner: Queensway Chippawa Properties Inc.; 12. R- 2004 -55, Management Agreement with the Old St. John's Stamford Heritage Association; 13. R- 2004 -54 Lease Agreement with the SCVFA; 14. R- 2004 -53, Firemen's Park Creative Playspace Equipment Proposal P.O. 1 -2004; ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that the recommendations in the reports of the Consent Agenda be approved. Carried Unanimously. LEGAL MATTERS August 16, 2004 Council Minutes His Worship Mayor Salci asked whether there was anyone present that has an interest in the roads being closed and lands being sold. There was a positive response to Mayor Salci's request for comments. Mr. Brandon Boone, Daniel and Partners, Agent, spoke to Report No. L- 2004 -39. He indicated that his clients believed the property in question was theirs and had maintained the property for 30 years. Mr. Boone asked that Council release the property to his clients. Mr. Michael Hill, 12591 Niagara River Parkway, spoke to Report No. L- 2004 -31. He explained to Council that he was notified that the City was declaring the property surplus and asked whether he wanted to purchase a portion. He did not agree with how the costs were divided nor did he know the exact costs associated to the purchase so he chose not to respond. He would now like to be included in the purchase. -13- August 16, 2004 Council Minutes The City Solicitor outlined the process involved. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Jim Diodati, that the by -laws be read a first time. 2004 -146 A by -law to permanently close part of a highway. (Brock Street) 2004 -147 A by -law to permanently close part of a highway. (Bruce Trail/ Gore Lot) 2004 -148 A by -law to permanently close part of a highway. Golia/ Stamford Township Lots 18 and 23) 2004 -149 A by -law to permanently close part of a highway. (Murie St./ Anderson Cres) The motion Carried with Alderman Wing opposed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Jim Diodati, that the by -laws be read a second and third time. 2004 -146 A by -law to permanently close part of a highway. (Brock Street) 2004 -147 A by -law to permanently close part of a highway. (Bruce Trail/ Gore Lot) 2004 -148 A by -law to permanently close part of a highway. (Golia/ Stamford Township Lots 18 and 23) 2004 -149 A by -law to permanently close part of a highway. (Murie St./ Anderson Cres) The motion Carried with Alderman Wing opposed. L- 2004 -31, Chief Administrative Officer, RE: Permanently Closing and Sale of Part of Brock Street, Plan 338, Being Parts 1, 2 and 3 on 59R- 12450. The report recommends that 1) That part of Brock Street being Parts 1, 2 and 3 on 59R- 12450 "subject lands located north of Sherk Road and west of Niagara Parkway, shown hatched on the Reference Plan attached as Schedule "A be declared surplus and offered for sale to the interested abutting owners as set out in Schedule "B for fair market value. 2) That this will constitute notice to the public that at its meeting to be held on the 20 day of September, 2004 at the Council Chambers, City Hall, 4310 Queen Street, in the City of Niagara Falls, at 7:00 p.m., the Council of The Corporation of the City of Niagara Falls will consider the proposed sale of part of Brock Street being Parts 1, 2 and 3 on 59R -12450 shown hatched on the Reference Plan attached as Schedule "A to the interested abutting owners as set out in Schedule 'B The contact person is the writer of this Report. 3)That the interested abutting owners as set out in Schedule "B" attached pay for all costs associated with the sale including the cost of a reference plan. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the Recommendation report be approved. The motion Carried with Alderman Wing opposed. L- 2004,34, Chief Administrative Officer, Re: Licence Agreementwith The Bruce Trail Association, Declare Lands Surplus Parcel 1 Part of Township Lot 5; and Parcel 2 Part of an Unopened Road Allowance which as been permanently Closed between Gore Lot between Township of Stamford and Niagara (known as Gore Lot 9); and Township Lot? Stamford; Part of Road Allowance between Gore Lot between Townships Stamford and Niagara (known as Gore Lot 8 and Township Lot 7 Stamford; lying between Mewburn Road and DP362. -14- August 16, 2004 Council Minutes The report recommends that the following lands be declared surplus: Parcel 1: Part of Township Lot 5 "subject lands shown on Schedule "A" attached; and Parcel 2: Part of an unopened road allowance which was permanently closed, by by -law earlier this evening, being a road allowance between Gore Lot between Township of Stamford and Niagara (known as Gore Lot 9); and Township Lot 7 Stamford; Part of road allowance between Gore Lot between Townships Stamford and Niagara (known as Gore Lot 8) and Township Lot 7 Stamford; lying between Mewburn Road and DP362, "subject lands shown on Schedule "B" attached. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the Recommendation report be approved. Carried Unanimously. L- 2004 -39, Chief Administrative Officer, Re: Nicola and Esther Golia, Purchase of Part of Road Allowance (unopened) now known as Part 2 on Reference Plan 59R- 12498. The report recommends that 1) That part of a road allowance that is unopened which was permanently closed by by -law earlier this evening, between Township Lots 18 and 23 being Part 2 on Reference Plan 59R -12498 "subject lands located east of Stanley Avenue and west of Portage Road and Thompson Road, shown hatched on Schedule "A be declared surplus and offered for sale to the abutting owners, Nicola and Esther Golia, for fair market value. 2) That this will constitute notice to the public that at its meeting to be held on the 20' day of September, 2004 at the Council Chambers, City Hall, 4310 Queen Street, in the City of Niagara Falls, at 7:00 p.m., the Council of The Corporation of the City of Niagara Falls will consider the proposed sale of part of a road allowance that is unopened between Township Lots 18 and 23 being Part 2 on Reference Plan 59R -12498 shown hatched on Schedule "A to Nicola and Esther Golia "abutting owners for fair market value. The contact person is the writer of this report. 3) That the abutting owners pay for all costs associated with the sale including the cost of a reference plan and an appraisal. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the property be released to the Golias for nominal consideration and that the Golias pay the associated legal expenses. Carried Unanimously His Worship Mayor Salci requested a vote on continuing the meeting after 11:00 p.m. Alderman Volpatti, Alderman Diodati, Alderman Kerrio and His Worship Mayor Salci in favour of continuing, Alderman Campbell, Alderman loannoni and Alderman Wing opposed. Meeting continued. CPS 2004 -02, Chief Administrative Officer, Re: Sewer Consumption Rate Refund. The report recommends that Council review each of the options listed and direct Staff to proceed with addressing the Sewer Consumption Rate Refund. ORDERED on the motion of Alderman Campbell, seconded by Alderman loannoni, that the report be deferred. Carried Unanimously ADOPTION OF MINUTES ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that the Minutes of the Regular Planning Council meeting of July 12, 2004 be approved as printed; Carried Unanimously. and ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the Minutes of the Regular Planning Council meeting of July 26, 2004 be approved as printed. Carried Unanimously. sent: Mr. Nelson Walroth on the passing of his mother, Ruth. COMMUNICATIONS 1. That the minutes of July 12, 2004 be approved. August 16. 2004 Council Minutes MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS Letters of Condolence His Worship Mayor Salci indicated that the following letters of condolences were Mr. Mrs. Dean Tanya lorfida on the passing of Tanya's grandmother, Edna Ritchie. Mrs. Lorna Rowley on the passing of her husband, James. Mr. John Kedzierski on the passing of his mother, Maria. The Mayor highlighted the following recent events, Bigga Tomato Fest, Window Boxes of Chippawa Competition, Slo Pitch for Cancer, and Greek Opa Night, and the upcoming events, A.M.O. and the Niagara Falls Board of Museums celebration on August 29. Communication No. 149 Letter from Kim Craitor, M.P.P. Re: 5440 Drummond Road ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that the letter be referred to staff. Carried Unanimously. Communication No. 150 Letter from the Arthritis Society Re: Proclamation of September as National Arthritis Month and request for approval a Flag Raising at City Hall. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that the request be supported. Carried Unanimously. Communication No. 151 Letter from the Port Colborne Wainfleet Healthy Lifestyles Coalition Re: Requestfor$300 to go toward funding their conference on Substance Abuse Prevention. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that the information be received and filed. Carried Unanimously. Communication No. 152 Letter from the Rotary Club of Niagara Falls Sunrise Re: requesting that the City designate "Art by the Falls" as a "Community Festival ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that the request be approved. Carried Unanimously. RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the actions taken in Community Services Committee, earlier this evening, be approved: 2. That the City proceed with the purchase of the Armoury and following the purchase meet with groups interested in using the facility. 3. That the Environmental Study Report for the Kalar Road Municipal Class EA be received and approved and further that staff be directed to advertise the Notice of Study Completion in accordance with the requirement of the EA process. -16- RATIFICATION OF "IN CAMERA" MATTERS August 16, 2004 Council Minutes 4. That the Chippawa Arena be twinned and that staff prepare a report to show the financial implication of proceeding with both projects concurrently. 5. That staff report back on the designation of the paved shoulder bike line through signage and pavement markings and further that delineators be used to deter motorists from using the paved shoulder. 6. That staff meet with the Princess Margaret School representatives and the area residents to discuss the installation of sidewalks on Culp Street and Corwin Avenue. 7. That the various restriction "metered parking /permit parking" be implemented in the Fallsview Casino Area Parking Review. 8. That staff investigate and prepare a report on the condition of the playground equipment and make suggestions on how to deter vandalism and youthful partying at Preakness Park. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the actions taken in the "In- Camera" session earlier this evening be approved. The motion Carried with Alderman loannoni opposed to recommendation #1. 1. That Council not sell the lands to the Niagara 21 Group and that staff be authorized to enter into a short-term lease with first right of refusal. 2. That the Offer to Purchase from A. T. Roberto be rejected on the basis that the cost of a reference plan and all notices are not included in the Offer to Purchase and that staff negotiate a third Offer to Purchase and that the cost of a reference plan and all notices be the responsibility of the purchaser. RESOLUTIONS No. 15 VOLPATTI KERRIO THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby recognizes the Rotary Club of Niagara Falls Sunrise "Art by the Falls" Art and Craft Show, being held on October 2nd and 3r 2004, and designates the event as a "Community Festival Carried Unanimously No. 16 VOLPATTI KERRIO THEREFORE BE IT RESOLVED that pursuant to the Ontario Transit Renewal Program, the Council of the Corporation of the City of Niagara Falls hereby requests payment of renewal funds for transit vehicles for physically disabled persons in the amount of $24,875.00. Carried Unanimously No. 17 VOLPATTI KERRIO THEREFORE BE IT RESOLVED that pursuant to the Ontario Transit Renewal Program, the Council of the Corporation of the City of Niagara Falls hereby requests payment of renewal funds for transit vehicles for conventional transit vehicles in the amount of $345,754.00. Carried Unaimously -17- BY -LAWS August 16, 2004 Council Minutes ORDERED on the motion of Alderman Campbell, seconded by Alderman Wing, that the By -laws be read a first time. 2004 150 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 151 A by -law to establish Parts 5, 7 and 9 on Reference Plan 59R -12203 as a public highway, to be known as and to form part of Garner Road, as set out in Schedule "A" attached hereto. 2004 152 A by -law to amend By -law No. 2001 -103 respecting the classes of development that may be undertaken in site plan control areas without the approval of plans and drawings otherwise required under subsection 4 or 5 of section 41 of the Planning Act, R.S.O. 1990. 2004 153 A by -law to authorize the execution of an Encroachment Agreement with JIM PATTISON ENTERTAINMENT LTD. respecting permission from the City to encroach over part of the highway with a sign. 2004 154 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. (OPA No. 51, Fernwood Subdivision, 800460 Ontario Limited). 2004 155 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan (OPA No. 56, Hilton Hotel). 2004 156 A by -law to amend By -law No. 79 -200, to permit the construction of a 6- storey hotel. (AM- 21/2004, TAGC Holdings). 2004 157 A by -law to amend By -law 79 -200, to permit a residential plan of subdivision and interim zoning on abutting land (AM- 23/2003 and AM- 17/2004, Fernwood Subdivision, 800460 Ontario Limited). 2004 158 A by -law to amend By -law No. 79 -200, to recognize two existing residential buildings on the northwest corner of Morrison Street and Ontario Avenue. (AM- 35/2004, Eric Leatherbarrow). 2004 159 A by -law to amend By -law No. 2003 -46, to remove the holding symbol on a portion of the lands fronting onto Marineland Parkway and allow them to be developed as a golf course. (AM- 01/2003, Fallsview Golf Inc.) 2004 160 A by -law to authorize the payment of $21,808,626.54 for General Purposes. 2004 161 A by -law to assume various public highways within the City of Niagara Falls. 2004 162 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 16 day of August, 2004. The motion Carried with Alderman Wing opposed to By -law Nos.2004 -154 and 2004 -155 and Alderman loannoni opposed to By -law No. 2004 -155. -18- August 16, 2004 Council Minutes ORDERED on the motion of Alderman Kerrio, seconded by Alderman Diodati, that the By- laws now be read a second and third time. 2004 -150 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 -151 A by -law to establish Parts 5, 7 and 9 on Reference Plan 59R -12203 as a public highway, to be known as and to form part of Garner Road, as set out in Schedule "A" attached hereto. 2004 -152 A by -law to amend By -law No. 2001 -103 respecting the classes of development that may be undertaken in site plan control areas without the approval of plans and drawings otherwise required under subsection 4 or 5 of section 41 of the Planning Act, R.S.O. 1990. 2004 -153 A by -law to authorize the execution of an Encroachment Agreement with JIM PATTISON ENTERTAINMENT LTD. respecting permission from the City to encroach over part of the highway with a sign. 2004 -154 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. (OPA No. 51, Fernwood Subdivision, 800460 Ontario Limited). 2004 -155 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan (OPA No. 56, Hilton Hotel). 2004 -156 A by -law to amend By -law No. 79 -200, to permit the construction of a 6- storey hotel. (AM- 21/2004, TAGC Holdings). 2004 -157 A by -law to amend By -law 79 -200, to permit a residential plan of subdivision and interim zoning on abutting land (AM- 23/2003 and AM- 17/2004, Fernwood Subdivision, 800460 Ontario Limited). 2004 -158 A by -law to amend By -law No. 79 -200, to recognize two existing residential buildings on the northwest corner of Morrison Street and Ontario Avenue. (AM- 35/2004, Eric Leatherbarrow). 2004 -159 A by -law to amend By -law No. 2003 -46, to remove the holding symbol on a portion of the lands fronting onto Marineland Parkway and allow them to be developed as a golf course. (AM- 01/2003, Fallsview Golf Inc.). 2004 -160 A by -law to authorize the payment of $21,808,626.54 for General Purposes. 2004 -161 A by -law to assume various public highways within the City of Niagara Falls. 2004 -162 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 16 day of August, 2004. The motion Carried with Alderman Wing opposed to By -law Nos.2004 -154 and 2004 -155 and Alderman loannoni opposed to By -law No. 2004 -155. READ AND ADOPTED, -19- NEW BUSINESS August 16, 2004 Council Minutes People Mover System /Procedural By -law Alderman loannoni expressed her concern about the People Mover System, the company that has been short- listed as one of the possible proponents for the People Mover System, the contract negotiated for the Director of the People Mover Project and past In Camera matters. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Wing, that the City Clerk bring back the report on In- Camera Procedures to an October Council Meeting. Carried Unanimously. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Volpatti, that the meeting be adjourned. Carried Unanimously. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR