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2004/11/15O Canada TWENTY -THIRD MEETING IN CAMERA SESSION Committee Room #2 November 15, 2004 Council met on Monday, November 15, 2004 at 5:20 p.m. in an In Camera Session. All members of Council were present. Alderman Vince Kerrio presided as Chair. Following consideration of the items presented, the In Camera session rose to report in open session. READ AND ADOPTED, et 3 DEAN IOR IDA, ITY CLERK R. T. (TED) SALCI, MAYOR COUNCIL MEETING Council Chambers November 15, 2004 Council met on Monday, November 15, 2004 at 7:15 p.m. for the purpose of considering Planning /Regular Business matters. All members of Council were present. Alderman Joyce Morocco offered the Opening Prayer. Emily Wilton Leanne Piller, Grade 12 students attending A.N. Myer Secondary School sang the National Anthem. ADOPTION OF MINUTES ORDERED on the motion of Alderman Diodati, seconded by Alderman Kerrio, that the Minutes of the Council meeting of November 1, 2004 be approved as printed. Carried Unanimously. DISCLOSURES OF PECUNIARY INTEREST Alderman Morocco indicated a pecuniary interest on Report PD- 2004 -104, because she resides in the area of the proposed development. -2- DEPUTATIONS His Worship Mayor Salci introduced Kim Craitor, MPP, who provided an update on the following matters: The Greenbelt Protection Bill (preservation of land); Tourism Renewal Projects; MRI Scanner; Tourism Renewal Projects; the Extension and Expansion of 24 Dialysis Units; eye care exams; Ambulance Service; GNGH Emergency Room, the gas tax to benefit transit systems; infrastructure programs; the Impact Assessment committee; the NPC Gondola; the Introduction of a Bill to make Boards more transparent accessible; fixed Provincial election dates; the selection of an independent auditor to report on the financial status of the Provincial government; the introduction of a bill to ban partisan advertising and the construction of the Beck tunnel. November 15, 2004 Council Minutes Mayor's Youth Advisory Committee Jessica Panetta, Chair and Monica Blaylock, Vice Chair, of the Mayort's Youth Advisory Committee introduced the New Committee to members of Council, outlined their work plan for this year's events and activities and requested that Council proclaim November 20 2004 "National Child Day Following the presentation, it was ORDERED on the motion of Alderman loannoni, seconded by Alderman Morocco, that November 20 2004 be proclaimed as National Child Day. Carried Unanimously. PLANNING MATTERS PD- 2004 -104 Chief Administrative Officer Re: Official Plan Zoning By -law Amendment Application; AM- 42/2004, Southwest corner of McLeod Road and Alex Avenue; Applicant: TAGC Holdings; Agent: Michael Allen, Architect; Proposed Hotel and Retail /Office /Restaurant Development. The report recommends the following: That Council approve: 1. An amendment to the Official Plan to change the designation of the lands on the southwest corner of McLeod Road and Alex Avenue from Residential to Minor Commercial and to place a Special Policy Area designation on the land to specifically control the proposed development; 2. The requested amendment to the Zoning By -law to change the zoning of the subject land to two site specific General Commercial (GC) zones in order to: a) limit the development of the east portion of the land for a hotel only, permit the hotel to have a building height of 16 metres (53 feet) and exempt the hotel from having to provide a restaurant; b) limit the development of the west portion of the land to 2,576 square metres (27,732 square feet) of retail /office /restaurant space with a holding (HO provision requiring the completion of a market need and justification report prior to construction and to limit the height of the development to two storeys. -3- November 15, 2004 Council Minutes -AND Communication No. 193 Douglas Susan Hicks, 5805 Aspen Court. The communication advises as being opposed to the development. Communication No. 194 David Warriner, 5893 McLeod Road. The communication advises as being opposed to the proposed development. Communication No. 195 Robin Morse, 6133 Crimson Drive. The communication provides comments with respect to the proposed development and attaches several correspondences. Communication No. 196 Petition headed by Mary John Rigon. The petition advises as being opposed to the application. Communication No. 197 Stephen Porter, 5726 Deerbrook Street. The communication expresses opposition to the proposed development. Communication No. 198 Glen and Sharon Dow, 6123 Trillium Crescent. The communication expresses various concerns and indicates as being strongly opposed to the proposed development. Communication No. 199 Christine George Teal, 7404 Sandy Court. The communication advises as objecting to the proposed application. Communication No. 200 Regional Niagara, Planning and Development Department. The communication expresses the view that this site seems well suited for a townhouse development and that a townhouse complex is the best use of this site and indicated that the Region is not in favour of this application for official plan and zoning amendments. Communication No. 201 Brian Sinclair Professional Corporation. The communication provides clarification to letter from Greg Foley regarding the application and a receipt of notice. Communication No. 202 Stephen Porter, 5726 Deerbrook Street. The communication expresses opposition to the application. Communication No. 203 Tony Esther Monks, 6943 Parkside Road. The communication expresses opposition to the proposed development. Communication No. 204 Greg Foley, 7358 Lakewood Crescent. The communication advises as being opposed to the application. Communication No. 20 5 Robert Donna Soyka, 5842 Crimson Drive. The communication advises as being opposed to the application. Communication No. 206 Stacey Scudamore, Crimson Drive. The communication advises as being opposed to the proposed development. 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 for the property at the southwest corner of McLeod Road and Alex Avenue, to change the designation of the land in question from Residential to Minor Commercial and place a specific policy area designation on the property. -4- November 15, 2004 Council Minutes He further advised that the Notice of the Public Meeting had been given by Prepaid First Class mail, in accordance with the Planning Act on October 15, 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 the use of posted sketches and reviewed the Recommendation report; he advised that the property was currently designated Residential in the Official Plan and zoned site R -4 zone; he indicated that the applicant was proposing to build a 150 unit hotel facility and 27,000 square feet of commercial and office space, extending the minor commercial node of the area; to deal with the land use compatibility issues the applicant proposing extremely wide landscape buffers between the proposed commercial development and the residential community. The Deputy Director of Planning and Development advised that design issues relating to building mass, landscaping, and lighting would be addressed during the site plan control process; he indicated that traffic lights were not warranted but a market study would need to be completed before the west commercial block could go ahead. As a result, a holding provision would be placed on that portion of the property; he indicated that the height of the development was being limited to four storeys. He advised that staff were recommending approval of the proposed development. 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. Rick Merlino, 5817 Aspen Court felt that although some modifications had been made since the last time an application had come forward concerning this property, there still has not been significant changes.. He expressed appreciation for the smaller, lower building, the setbacks and the pitched roof. Mr. Merlino expressed opposition to any commercial development that would have additional traffic going into residential neighbourhoods; he wanted ingress traffic only from Alex Avenue; he suggested that "development exclusions" be put in place to prevent another hotel or fast -food restaurant in the western block. Ms. Margaret Holowachuk, 7479 Alex Avenue indicated that she was not opposed to having a hotel on that property. Mr. Ray Woodhead, 5750 Aspen Court, indicated that he was in favour of the development. Mr. Stephen Porter, 5726 Deerbrook Street, expressed opposition to the proposed development. Mr. Eric Lefebvre, 6177 Trillium Crescent, enquired about the public notification process, when the developer had meetings with the residents; he felt the integrity of the residential area should be protected. Mr. Brian Sinclair, who was in attendance on behalf of the applicant, provided a brief overview of the project; referred to the 168 foot setback of the 4- storey hotel; he expressed the view that the hotel would be less intrusive than 80 unit townhouses especially regarding the seasonal nature of hotels; he indicated the developer's willingness to do a traffic study and how they were not opposed to restricting traffic onto Alex Avenue. He assured the residents that a hotel and fast food restaurant would not be part of the second phase of the project. -5- November 15, 2004 Council Minutes Mr. Michael Allen, Architect, advised that two meetings had been held with the residents regarding the proposed application; he indicated that he expected that the neighbours would be involved in the site plan process to deal with other issues; he stated that they are willing to work with the Region regarding traffic but that their development was not the sole instigator of traffic problems. Mr. Allen felt that the holding provision and site plan process would give the residents assurances regarding the western block. He indicated that the developers would not be opposed to a third neighbourhood meeting. Since no further comments were forthcoming, Mayor Salci declared the Public Meeting with regard to AM- 42/2004 closed. ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that the matter be deferred until the developer meets with the residents to address their concerns. The motion Carried with Aldermen loannoni and Wing voting contrary to the motion and Alderman Morocco declaring a conflict of interest. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the correspondence be received and adopted. Carried Unanimously. PD- 2004 -102 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 46/2004, Ralph Terrio, (Wayne Thomson, Agent); 9304 McLeod Road, Proposed Animal Shelter. The report recommends the following: 1. That Council approve the Zoning By -law Amendment application to permit an animal shelter on a portion of the land as detailed in this report; 2. That passage of the amending by -law be conditional on the applicant obtaining an exemption to the City's Animal Control By -law (No. 2002 -129) to operate an animal shelter. -AND Communication No. 207a) Regional Niagara, Planning and Development Department. The communication advises as being in favour of the proposed application because the animal shelter in this industrially zoned area was appropriate. AND Communication No. 207b) Regional Niagara, Public Works Department. The communication advises as having no objections to the application. Communication No. 208 Niagara Falls Humane Society. The communication provides comments on the proposed application. The City Clerk advised that a public meeting was being convened to consider an amendment to the City's Zoning By -law at 9304 McLeod Road, to permit an animal shelter on a portion of the land. He further advised that the Notice of the Public Meeting had been given by Prepaid First Class mail, in accordance with the Planning Act on October 15, 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 the use of posted sketches; he indicated that this property was zoned light industrial. An animal shelter is permitted in General Industrial zones, therefore, the animal shelter use would be added in this situation. The shelter is to be located in a separate building, not part of a dwelling unit. The shelter is to be for the temporary boarding of dogs and cats only. -6- The Deputy Planner pointed out that the municipality has an animal control by -law, therefore, it would be necessary for the applicant to seek an exemption or ask for an amendment to that by -law, to allow for more than three cats. He indicated that staff were recommending support 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. Bruce Parsa, 9098 McLeod Road, stated that he owns the property at the southwest corner of McLeod and Garner Roads. He advised that he would be applying for a subdivision plan once the engineering studies were complete. He indicated that he was opposed to the application as it would have an impact on his future subdivision. Ms. Julie Matthews, a volunteer at the shelter and endorsed the work of Ms. Sharon Allen and requested that Council approve the application. Mr. Terry O'Reilly, 7041 Garner Road, advised that he was in favour of the proposed shelter and requested that Council consider the application. Ms. Sherry Sutherland, 6601 Leighwood Court, a volunteer at the shelter endorsed the work of Ms. Sharon Allen, and expressed the view that she felt strongly that this type of shelter was needed in Niagara Falls. Mr. Adam Lafavre, endorsed the work of Ms. Sharon Allen at the shelter, commented that he was in favour of the shelter and requested that Council support this application. Mr. Wayne Thomson, 2090 York Road, was in attendance on behalf of the applicant and provided background information with respect to the application; he indicated that the property was in an isolated area, that the shelter has a vet come in from Dunnville to check the cats, that the owner had donated the property and the house to Ms. Allen, free of charge and that the subdivision mentioned would be outside the urban boundary. He requested Council's consideration of the application. Ms. Sharon Allen provided clarification on the concerns expressed and indicated that she was complying with the orders from the Humane Society. Since no further comments were forthcoming, Mayor Salci declared the Public Meeting with regard to AM- 46/2004 closed. ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing, that the report be received and adopted. Carried Unanimously. November 15, 2004 Council Minutes It was moved by Alderman Vollpatti, seconded by Alderman Kerrio, that approval be granted to proceed past 11:00 p.m. The motion Carried. PD- 2004 -108 -Chief Administrative Officer Recommendation Report; Futino Estates Draft Plan of Subdivision; 26T -11- 2004 -05; Zoning By -law Amendment Application; AM- 40/2004; Owner: Evergreen Estates Development Ltd. The report recommends the following: -7- November 15, 2004 Council Minutes 1. That the Futino Estates Plan of Subdivision be draft approved subject to the conditions in the attached Appendix; 2. That the Mayor or designate be authorized to sign that draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council; 4. That the application to amend the Zoning By -law be approved as detailed in this report to provide the necessary land use regulations to guide the development of the subdivision. The City Clerk advised that a public meeting was being convened to consider a proposed amendment to the City's zoning by -law amendment to permit a subdivision of 5.8 acres or 23 single detached dwellings and three blocks for future single detached residents, known as Futino Estates. He further advised that the Notice of the Public Meeting had been given by Prepaid First Class mail, in accordance with the Planning Act on October 22, 2004 and by posting a notice in a location to which the public has access and was central to the area affected by this notice. 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 advised that the application was two -fold, one was to deal with the zoning of 5.8 acres in the Garner neighbourhood and to provide draft plan approval to the subdivision plan, which the zoning would implement. He advised that the applicant was requesting an R/C zoning for this property and that this proposal provides for some larger single family lots; he reviewed the subdivision design and indicated that the bulb of the cul de sac should be increased to 18 metres in order to provide adequate pavement width for fire truck turnaround; he informed that staff were in support for the rezoning and the draft plan approval subject to conditions as laid out in the 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. There was a negative response to Mayor Salci's request for comments. It was noted that Mr. Rocco Vacca was in attendance on behalf of the applicant. Since no further comments were forthcoming, Mayor Salci declared the Public Meeting with regard to AM-40 /2004 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. PD- 2004 -107 Chief Administrative Officer Re: Recommendation Report; Garner Village Draft Plan of Subdivision 26T -11- 2004 -04 (Revised); Zoning By -law Amendment Application AM- 20/2004; Owner: 456941 Ontario Ltd. (Silvestri Investments) The report recommends the following: 1. That the Garner Village Plan of Subdivision be draft approved subject to the conditions in the Appendix; -8- November 15, 2004 Council Minutes 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council; 4. That the application to amend the Zoning By -law be approved as detailed in this report to provide the necessary land use regulations to guide the development of the subdivision. -AND Communication No. 209 Jad Marian Narbutt, 6809 Parkside Road. The communication expresses strong opposition to the proposed development. Communication No. 210 Tony Esther Monks, 6943 Parkside Rd. The communication advises as being opposed to the rezoning 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 Garner Village Subdivision of 15.10 acre site to include 18 semi detached lots and 60 on- street townhouses. He further advised that the Notice of the Public Meeting had been given by Prepaid First Class mail, in accordance with the Planning Act on October 22, 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 the use of posted sketches; advised that the applicant was proposing to develop the property for semi detached and on- street townhouses. He advised that Planning staff were recommending that lots fronting onto Parkside Drive be developed for single family detached housing, that the entirety of the cul de sac be semi detached and that street townhouse blocks would front on the internal street of the subdivision. He also indicated that the number of lots had been reduced from 96 to 88, that the wetland would be dedicated to the City, that parkland would be provided in Garner Estates 5 and that a trail would lead from the subdivision to the parkland; the Deputy Director of Planning and Development advised that staff were in support of the Garner Village Draft Plan of Subdivision, as it was an appropriate development for this site and the application complied with the policies of the Official Plan. 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. Mike Clarke, 6835 Parkside Road, appreciated the changes to Parkside Road but expressed the view that there were already quite a number of townhouses located in the area. Mr. Hugh Thomson, on behalf of the applicant, Silvestri Investments, advised as being in support of staffs recommendation report and that the changes are acceptable to the developer. Since no further comments were forthcoming, Mayor Salci declared the Public Meeting with regard to AM- 20/2004 closed. -9- November 15, 2004 Council Minutes ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that the report be received and adopted. The motion Carried with Aldermen Morocco, Pietrangelo and Wing voting contrary to the motion. PD- 2004 -103 Chief Administrative Officer Re: Zoning By -law Amendment Application AM- 47/2004, 6754 6758 Thorold Stone Road; Applicant: 1184568 Ontario Limited; Proposed Increase in Size of Commercial Units. The report recommends the following: 1. That Council approve the requested zoning by -law amendment application to permit the maximum floor area allowed per use to be increased to 450 square metres (4,844 square feet); 2. That Council pass the amending by -law, included on tonight's agenda, to implement the above -noted recommendation. -AND Communication No. 211 Debbie Tom Barnes, Port Robinson. The communication comments on the issue of insufficient and limited parking spaces; that the area is a highly residential neighbourhood and questioned the need for a plaza in that neighbourhood. Communication No. 212 Frank J. Kostelac and Lilla Kostelac, 6743 Crawford Street. The communication expresses opposition to the proposed zoning by -law amendment. Communication No. 213 Regional Niagara, Planning and Development Department. The communication advises as having no objections to the approval of the amending zoning by -law. Communication No. 214 Angelina Gualtieri, 6773 Crawford St. The communication expresses parking and safety concerns in the area. Communication No. 215 Joseph Tonnos Associates Inc. The communication expresses opposition to the proposed zoning by -law amendment application. Communication No. 216 Mohamed Naseem, Ottawa. The communication requests clarification as to whether the proposed intention is to commercialize the land. The City Clerk advised that a public meeting was being convened to consider an proposed amendment to the City's zoning by -law at 6754 and 6758 Thorold Stone Road, to increase the the maximum floor area of the proposed development allowed per use. He further advised that the Notice of the Public Meeting had been given by Prepaid First Class mail, in accordance with the Planning Act on October 20, 2004 and by posting a sign on the property in question. He informed that anyone wishing to receive notice of the passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, should leave their names on the sign -in sheets outside the Council Chambers. The Deputy Director of Planning and Development discussed the subject property, through the use of posted sketches; provided information on the surrounding land use; stated that the lands were designated Minor Commercial and zoned Neighbour Commercial and that the site was currently occupied by a restaurant. He indicated that the applicant wishes to increase the maximum floor area to 4,844 square feet; he stated that the parking requirements would remain the same and that there was no change to the building's size and that Planning staff were recommending approval His Worship Mayor Salci advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. -10- November 15. 2004 Council Minutes There was a negative response to Mayor Salci's request for comments. Questions were raised with respect to on- street parking and where it was permitted, and reference was made to an opening in the fence from the parking lot to the restaurant. The Deputy Director of Planning and Development responded that the development, as it is laid out meets the parking requirements of the by -law. Ms. Gilberti responded to the concern regarding the fence opening and stated that the matter would be looked at. Since no further comments were forthcoming, Mayor Salci declared the Public Meeting with regard to AM- 47/2004 closed. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that the correspondence be received and filed. Carried Unanimously. Following some discussion, it was ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing, that staff look at the issues of parking along Crawford Street and the affected surrounding areas. Carried Unanimously. See By -law No. 2004 -209 On the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that By- law No. 2004 -209 be brought forward for consideration at this time. Carried. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that leave be granted to introduce the By -law and the By -law be read a first time. 2004 -209 A by -law to amend By -law No. 79 -200, to permit larger floor areas for one or more of the following uses: bake shop, bank, trust company, credit union, currency exchange, clinic, office, personal service shop, retail store and service shop. Carried Unanimously. ORDERED on the motion of Alderman Morocco, seconded by Alderman Kerrio, that the By -law be now read a second and third time: 2004 -209 A by -law to amend By -law No. 79 -200, to permit larger floor areas for one or more of the following uses: bake shop, bank, trust company, credit union, currency exchange, clinic, office, personal service shop, retail store and service shop. Carried Unanimously. PD- 2004 -110 Chief Administrative Officer Zoning By -law Amendment Application AM- 25/2003 (Revised), 5950 Victoria Avenue; Applicant: Niagara 21" Group Inc., Agent: Italia Gilberti, Solicitor, Proposed 30- Storey Hotel. The report recommends that the report be received and filed for information. Ms. Italia Gilberti, Solicitor on behalf of the applicant, requested that the matter be deferred to a Council meeting in 2005, until the various studies have been completed. November 15, 2004 Council Minutes ORDERED on the motion of Alderman loannoni, seconded by Alderman Volpatti, that the matter be deferred at the request of the applicant's solicitor. Carried Unanimously. PD- 2004 -105 Chief Administrative Officer Request for Extension to Draft Plan Approval; Warren Woods Draft Plan of Subdivision; Municipal File: 26T -96001 (Revised) Owner: 797045 Ontario Ltd. (Warren Woods Land Corporation) The report recommends that Council support a one -year extension to draft plan approval for the Warren Woods Plan of Subdivision, conditional on the applicant erecting the appropriate subdivision signs on the property for public information purposes. His Worship Mayor Salci received indication that Mr. Tony Pennacchio, was in attendance to address Council. Mr. Tony Pennacchio, 7549 Kalar Road, expressed concerns that sludge from the paper mills was being dumped onto the property. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the report be received and adopted. Carried Unanimously. Following the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the matter be referred to staff to investigate the issue of dumping in the area. Carried Unanimously. PD- 2004 -111 Chief Administrative Officer Site Plan Application; SPC- 32/2004, 7107 Kalar Road; Applicant: Pinewood Homes (Tara) Ltd., Proposed Neighbourhood Plaza. The report recommends that this report be received and filed. ORDERED on the motion of Alderman loannoni, seconded by Alderman Morocco, that the report be received and filed. Carried Unanimously. MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS His Worship Mayor Salci remarked on the following matters of interest: Letters of Condolence ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati, that letters of condolence be forwarded to the family of the late Frances Williams, a well- respected citizen of the community; and to the family of the late Grant Lattimer, owner operator of Grant's No Frills. Carried Unanimously. His Worship Mayor Salci referred to the recent or upcoming events: the Centennial book launch, the unveiling of the 100'" Anniversary Commemorative plaque at City Hall, the meeting to address the recent rash of suspicious fires at Calaguiro Estates, the kickoff for the Winter Festival of Lights, the Annual Santa Claus Parade and related events in the Downtown. He advised that anyone who had applied for the low income seniors water rebate, would see the rebate of $100.00 applied to their billing commencing November 17 2004. -12- November 15, 2004 Council Minutes Sewer Refund Issue Following some discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the sewer refund be given to the users in a credit and in the quickest manner possible. The motion Carried with the following requested recorded vote: AYE: Aldermen Diodati, loannoni, Kerrio, Pietrangelo, Volpatti and Mayor Salci. NAYE:Aldermen Campbell, Morocco, and Wing. RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the actions taken in Community Services Committee, earlier this evening, be approved: 1. Adoption of the Minutes of the November 1, 2004 Community Services Committee meeting; 2. Emergency Planning that the Emergency Planning presentation be received and filed; 3. PD- 2004 -06, Supply and Parking, 6383 Drummond Road, Spicolli's Pizzeria and Cafe that the report be received and filed and that staff report back in June 2005 with regard to the parking; 4. MW- 2004 -169, Murray Street Parking Review that permit parking controls be implemented on Murray Street and that no parking be posted on the north side 10m west of Drummond Road; 5. MW- 2004 168, Intersection Control Review Morrison Street at Ontario Avenue that intersection controls be installed at various locations on Morrison Street; 6. MW- 2004 -170, Dorchester Road Bicycle Lane Request Update that the Dorchester Road Bike Lane Update be received and that a questionnaire be sent with regard to parking on the west side of Dorchester Road between Thorold Stone Road and Waterloo Drive; 7. MW- 2004 -172, Zehrs Entrance on Dorchester Road that the Zehrs entrance Dorchester Road report be referred to staff for further investigation; 8. R- 2004 -73, C.B. Wright Park Development that the tender be awarded to Touchstone Site Contractors for the landscape development of C.B. Wright Park. New Business 1. That staff prepare a report on closing in ditches on Beaverdams Road between Lundy's Lane and Kalar Road; 2. That a request for 2 -hour free downtown parking at on- street parking meters during the month of December be approved. Carried See By -law No. 2004 -208 -13- November 15, 2004 Council Minutes RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpattii, that the actions taken in Corporate Services Committee, earlier this evening, be approved: 1. Adoption of the Minutes of the November 1, 2004 Corporate Services Committee meeting as amended; 2. That the 2005 requests for funding from the following groups be referred to final budget deliberations: Doctor Recruitment; Opportunities Niagara; Niagara Transit; Niagara Chair -A -Van; Niagara Falls Public Library; Chippawa Volunteer Firefighters Association. 3. That the Winter Festival of Lights be funded independently of Niagara Falls Tourism, and that the Winter Festival of Lights bring forward a separate budget for 2005 funding, to be referred to final budget deliberations; 4. That the Niagara Falls Tourism request for funding be referred to final budget deliberations pending the results of their organizational review; 5. That the request from the Boys and Girls Club of Niagara be referred to staff pending a business plan; 6. That the request for funding from Taka -A -Peek Thrift Shop be received and filed; 7. That a resolution be sent to the Regional Municipality of Niagara stating emphatically that the City of Niagara Falls does not wish to participate in assessment pooling. Carried CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati, that the recommendations contained in the reports on the Consent Agenda be approved: 1. F- 2004 -59, Major Receivables Quarterly Report for the information of Council; 2. FS- 2004 -21, Renovations and Repairs to Fire Training Towers that Council pre authorize the repairs to the Fire Training Tower to the lowest compliant bidder with an upside limit of $30,000.00; 3. MW- 204 -163, Winter Sand (2004) Season Regional Tender 2004 -T -28 that the tender for supply and delivery of winter sand, including the mixing of salt with this sand, be awarded to Vineland Quarries Crushed Stone Limited for the unit prices tendered; 4. MW- 2004 -164, Tender 24 -2004; Water Meter Installations that Council award Tender 24 -2004 Water Meter Installations to Emerald Plumbing and Heating Limited for the tender price of $187.25 per meter including tax; -14- November 15, 2004 Council Minutes 5. MW- 2004 -165, Rental of Snow Removal Equipment; Tender #25 -2004 that Council award Tender #25 -2004 Rental of Snow Removal Equipment for the supply of Front -end Loaders to Halfway Sand Pit, Montgomery Bros., Al Walters Son and Ken Warden Construction Ltd. for the 2004 -2005 winter season; 6. MW- 2004 -166, 2005 Flow Monitor Purchase that the Corporation of the City of Niagara Falls purchase five wireless Sigma 910 sewer flow monitors from Can -Am Instrument Ltd. of Oakville Ontario for a price not to exceed $55,000 including G.S.T.; 7. MW- 2004 -167, Demolition, 5065, 5077, 5087 and 5109 Dorchester Road that the unit prices submitted by the low tender, Van Der Weyden Construction be accepted and that the financing of this project from the Development Charges Reserve for the tendered amount of $23,540.00 be approved; 8. MW- 2004 -173, Tender #30 -2004, New Equipment Purchase of Tractor Diesel Pickup that the New Equipment Tender for the purchase of One (1) 45 P.T.O. H.P. 2 -Wheel Drive Tractor with Deluxe Cab and One (1) Diesel Fueled Pickup Truck with Extended Cab be awarded to the following bidders: a) Green Line Equipment of Smithville for the purchase of 2 -Wheel Drive Tractor in the amount of $39,656.60 and b) John Bear Pontiac Buick of St. Catharines for the purchase of the Diesel Fueled Pickup Truck in the amount of $39,100.00; 9. R- 2004 -72, The Park in the City; Revised Terms of Reference that Council approve the Revised Terms of Reference for The Park in the City Committee; 10. R- 2004 -74, C.B. Wright Park Creative Playspace Proposal that the proposal P01- 2004 from Belair Recreational Products Inc., for the supply and installation of new playspace equipment at C.B. Wright Park, in the amount of $22,951.55 including taxes be approved Carried RESOLUTIONS NO. 20 IOANNONI VOLPATTI THEREFORE BE IT RESOLVED that on December 11, 2004, parking on all on- street meters, pay and display machines and in all daily municipal parking lots will be free; and FURTHER BE IT RESOLVED that on December 11, 2004, the fee for the Public Skating times (Hours: 2:15 p.m. 3:45 p.m.) at the Niagara Falls Memorial Arena be $1.00. Carried Unanimously. RATIFICATION OF IN CAMERA ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that the actions taken in the In Camera Session, earlier this evening, be approved. That an Option to Purchase in the amount of $50,000 from JC Park for City -owned lands, approximately 39 acres west of Kalar Road and north of Chippawa Creek Road, to be considered by Council at its meeting of December 6, 2004; and that a Notice of the proposed Option to Purchase of the subject lands to JC Park be given in the Niagara Falls Review in accordance with By -law No. 2003 -02. Carried BY -LAWS His Worship Mayor Salci received a negative response to his request of whether there was anyone present that had an interest in By -law 2004 -204, for an Offer to Purchase. -15- 2004 -208 2004 -210 2004 -211 ORDERED the by -laws November 15, 2004 Council Minutes ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that leave be granted to introduce the By -laws and the By -laws be read a first time. 2004 -204 A by -law to authorize the execution of an Offer to Purchase from A T Roberto Ltd. To The Corporation of the City of Niagara Falls respecting the purchase of lands being the road allowance between Township Lots 13 &n 14 in Stamford; part of road allowance between Township Lots 7 8 in Stamford; part of road allowance between Township Lots 27 28 Stamford, between the QEW and Mountain Road, Niagara Falls. 2004 -205 A by -law to amend By -law 2004 -119, being a by -law to provide for citizen appointments to certain Boards, Commissions and Committees. 2004 -206 A by -law to authorize the execution of a Letter of Agreement with the Ministry of Transportation respecting the use of dedicated gas tax funds by the City for public transportation. 2004 -207 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. A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Stop Signs at Intersections) A by -law to amend By -law No. 79 -200, to permit the development of a hotel and a dinner theatre (Re: AM- 26/2004, 5781 Ellen Avenue) A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 15"' day of November, 2004. Carried. on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that be now read a second and third time: 2004 -204 A by -law to authorize the execution of an Offer to Purchase from A T Roberto Ltd. To The Corporation of the City of Niagara Falls respecting the purchase of lands being the road allowance between Township Lots 13 &n 14 in Stamford; part of road allowance between Township Lots 7 8 in Stamford; part of road allowance between Township Lots 27 28 Stamford, between the QEW and Mountain Road, Niagara Falls. 2004 -205 A by -law to amend By -law 2004 -119, being a by -law to provide for citizen appointments to certain Boards, Commissions and Committees. 2004 -206 A by -law to authorize the execution of a Letter of Agreement with the Ministry of Transportation respecting the use of dedicated gas tax funds by the City for public transportation. 2004 -207 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 -208 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Stop Signs at Intersections) 2004 -210 A by -law to amend By -law No. 79 -200, to permit the development of a hotel and a dinner theatre (Re: AM- 26/2004, 5781 Ellen Avenue) 2004 -211 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 15 day of November, 2004. Carried. Chamber of Commerce Updates NEW BUSINESS Alderman Carolynn loannoni advised that as the Council representative sitting on the Chamber of Commerce Board, she would be providing updates to members of Council. Niagara Falls' Contribution to the City of Peterborough Alderman Selina Volpatti referred to a letter of appreciation received from the Mayor and members of Council from the City of Peterborough to the citizens of Niagara Falls for their generosity and their contributions to the residents of Peterborough that were affected by the recent floods. Alderman Volpatti noted that the City's contribution would be matched by the Province at $2.00 for every $1.00 raised for the flood relief efforts. Park in the City Committee Alderman Joyce Morocco referred to the recent planting of 48 trees as part of the City's beautification program and expressed her appreciation to the Park in the City Committee for all their efforts. She suggested that these beautification efforts be extended to the island in front of the boathouse at Portage Road, just before the Bridge. ORDERED on the motion of Alderman Morocco, seconded by Alderman Volpatti, that the matter be referred to the Park in the City Committee. Carried Unanimously. November 15, 2004 Council Minutes Subdivision Approvals Alderman Victor Pietrangelo requested that staff prepare a report with respect to the layout and phases of an entire subdivision plan and further requested that staff investigate how other municipalities are dealing with the issue of subdivision approvals. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati, that staff come back with a report regarding subdivision approvals dealing with the layout and phases of an entire subdivision and how other municipalities are dealing with this issue. Carried Unanimously. Toyota's Expansion Plans Alderman Jim Diodati referred to Toyota's expansion plans and enquired whether the City was actively pursuing the jobs dealing with the new Highlander plant. He was advised by the Chief Administrative Office that through the City's Business Development office, a package had been forwarded to encourage consideration of Niagara Falls as a possible site. Niagara Falls 100` Birthday Celebrations Alderman Jim Diodati provided an update on the City's 100` birthday celebrations and advised that hotels in the City would be offering blocks of hotel rooms at $1.00 a night and that $1.00 breakfasts will be offered at certain establishments. He advised that a complete itinerary for December 11, 2004 celebrations would be provided in the newspapers at a later date. READ AND ADOPTED, November 15, 2004 Council Minutes ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the meeting be adjourned. Carried Unanimously. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR