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2004/12/06TWENTY- FOURTH MEETING COUNCIL MEETING Council Chambers December 6, 2004 Council met on Monday, December 6, 2004 at 7:15 p.m. for the purpose of considering Planning /Regular Business matters. All members of Council were present. His Worship Mayor Salci presided as Chairman. DISCLOSURES OF PECUNIARY INTEREST Alderman Campbell indicated a pecuniary interest on Report F- 2004 -64, because the District School Board is his employer. Alderman Kerrio indicated a conflict of interest on the matter dealing with the off-site parking for the Hilton Hotel. Alderman Morocco indicated a pecuniary interest on Report F- 2004 -60, Cheque Nos. 287740 and 288495, because the recipient is her contract place of employment and on Cheque No. 288073, because her spouse is the recipient. Alderman Volpatti indicated a pecuniary interest on Report F- 2004 -60, Cheque No. 287800 because she is the recipient. Alderman Wing indicated a pecuniary interest on Report PD- 2004 -114, dealing with the Niagara Parks Commission, because she owns property with a Niagara Parks employee Mayor Salci indicated a pecuniary interest on Report F- 2004 -60, Cheque Nos. 287769; 287770; 287954; 288321 and 288525. Moment of Silence Alderman Campbell requested a moment of silence, in memory of the 14 female engineering students that had been killed at the University of Montreal in 1989. ADOPTION OF MINUTES Alderman Diodati requested that the Minutes of November 15, 2004 be amended to reflect that Alderman Pietrangelo had seconded the motion to the sewer refund issue. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati, that the Minutes of the Council meeting of November 15, 2004 be approved as amended. Carried Unanimously. Kraft Canada Operation Christmas Child PRESENTATIONS /DEPUTATIONS Project Red Ribbon 2004 His Worship Mayor Salci presented a plaque to Rebecca Taylor, Plant Manager, Kraft Canada and Paul Levesque, Vice President of the C.A.W. Local in recognition of Kraft Canada celebrating its 100 Anniversary year. December 6, 2004 Council Minutes Lisa Nguyen, Pearl Vyas and Pearl Leung students at Westlane Secondary School's Chapter of WSAID (Students Against Impaired Driving) requested that Council endorse the 2004 Project Red Ribbon Campaign and to encourage awareness and participation by tying red ribbons to all Council and City vehicles. ORDERED on the motion of Alderman Diodati, seconded by Alderman loannoni, that Council endorse the 2004 Project Red Ribbon Campaign and tie red ribbons to all Council and City vehicles. Carried Unanimously. Annie Duross and Sarah SlingGrade 12 high school students attending Westlane and A.N. Myer High Schools, respectively, provided information on "Operation Christmas Child a project that will see them distributing Christmas Shoe Boxes, filled with gifts donated, to give to children in Costa Rica. The presenters thanked members of Council for the opportunity to provide this information to them. His Worship Mayor Salci provided City pins to the presenters, congratulated and wished them well in their upcoming endeavours. Bill 1 An Act to Protect Anaphylactic Students Debbie Monroe Fessler, a parent of an anaphylactic child, introduced Cindy GaIIo- Paskey, President of NASK (Niagara Anaphylactic Support and Knowledge), who provided a brief summary on anaphylactic shock, a life- threatening allergic reaction in children; she advised that there was a need to raise awareness and educate the community on this issue and requested that Council support Bill 3, an Act to Protect Anaphylactic Students, which would standardize how schools deal with severely allergic children. The bill is currently before the Provincial Legislature. Following the presentation, it was ORDERED on the motion of Alderman loannoni, seconded by Alderman Morocco, that the City of Niagara Falls supports the City of Thorold resolution urging the Provincial Government to expeditiously pass Bill 3, an Act to protect Anaphylactic students, which would standardize how schools deal with severely allergic children. Carried Unanimously. NAYE: Mayor Salci -3- PLANNING MATTERS December 6, 2004 Council Minutes Niagara Health System Karen Tribble and Gloria Kane, from the Niagara Health System provided an update on the status of the Greater Niagara General Hospital Emergency Department and Ambulatory Care expansion project. Ms. Kane further advised that this expansion would provide a state -of -the art facility and added that Niagara Falls was targeted as the second site for an M.R.I. Some discussion ensued with respect to the proposed co- location project in St. Catharines. Ms. Kane clarified that there was no association between the ER and Ambulatory Care redevelopment project in Niagara Falls to the proposed project in St. Catharines. Following the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the Council of the City of Niagara Falls reaffirms that the future health of Niagara residents is better served by a centrally located, state -of- the -art hospital, and further that this be forwarded to the Minister of Health and the Niagara Health System. The motion was Carried with the following recorded vote: AYE: Aldermen Campbell, Diodati, loannoni, Kerrio, Morocco, Pietrangelo, Volpatti and Wing. PD- 2004 -14 Chief Administrative Officer, Final Report, Downtown Niagara Falls Community Improvement Plan. The report recommends the following: 1. That Council repeal the By -law Nos. 81 -245 and 87 -002, establishing the existing redevelopment areas in the downtown and also By -law Nos. 84 -287, 85 -119, 87 -003, 88 -061; and 89 -309 adopting Redevelopment/Improvement Plans within this redevelopment area; 2. That Council pass a by -law to designate the Downtown Community Improvement Project Areas contained in the Downtown Niagara Falls Community Improvement Plan Final Report (November, 2004); 3. That Council pass a by -law to adopt the Downtown Niagara Falls Community Improvement Plan, November 2004 and that the Plan be forwarded to the Ministry of Municipal Affairs and Housing for approval; 4. That Council direct the staff Inter department Development Team to proceed with the coordination and implementation of the Municipal leadership Strategy including: a) the investment in and development of, City owned lands to spur private development; b) the establishment, marketing and administration of the financial incentive program; c) the preparation of Official Plan and Zoning by -law revisions, Urban Design Guidelines, a Downtown Parking Strategy, a Transportation Master Plan; d) the amendment of the City's Development Charges by -law to implement the Development Charge Exemption (DCE) Program; -4- December 6, 2004 Council Minutes e) approaching downtown financial institutions to become funding partners in the financial incentive programs and in establishing a venture capital pool for downtown business; f) the review of enforcement, licensing and permitting; and g) marketing of the downtown and establishing programs to look beyond the downtown for new development partners and investors; 5. That Council continue to support the Downtown Business Improvement Area Board efforts to lobby the Federal government to retail the full service custom and border services of the Whirlpool International Bridge crossing; 6. That Council provide financial support of the CIP through the inclusion of $85,000 in the 2005 budget to initiate the implementation of the Plan and the proposed incentive programs. AND Communication No. 217 Correspondence from M. Suzaki, 4577 Victoria Avenue. The communication advises that she is not opposed to the Downtown Revitalization Plan, but expresses the view that she would not be forced from her home. AND Communication No. 218a) Niagara Parks Commission, Manager, Planning Properties. The communication provides comments on the proposed Downtown Niagara Falls Community Improvement Plan. AND Communication No. 218b) Niagara Parks Commission, General Manager. The communication advises as accepting the report as a background document and looks forward to participating in a more comprehensive and detailed planning process for the downtown. The City Clerk advised that a public meeting was being convened to consider the adoption of a Community Improvement Plan for downtown Niagara Falls.. He further advised that the Notice of the Public Meeting had been given through publication in the Niagara Falls Review on November 6, 2004 and by First Class mail in accordance with the Planning Act on November 5, 2004. He informed that anyone wishing to receive notice of the adoption of the Community Improvement Plan, should leave their names on the sign -in sheets outside the Council Chambers. Mr. Luciano Piccioni, RCI Consulting provided a brief overview of the Community Improvement Plan, the project steps, the public participation process, the financial incentive programs proposed, including Residential Loan Program, the Commercial Building Loan and Facade Grant Program and the Downtown R evitalization Grant Program, and the need for municipal leadership and involvement. Mr. Glenn Scheels, GSP Group, provided highlights on the following: the Key Factors and Trends in Downtowns, the Land Use Strategy, the Public Realm and Urban Design Plan, and Targeted Improvement Projects. 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. -5- December 6. 2004 Council Minutes Mr. Russ Slemmon, 4257 Huron Street, requested further information on the public notification process and the issue of land acquisition by the municipality. Clarification was provided by staff and the consultant with respect to the enquiry. Mr. Kurban Lalani, Chairman, Downtown Board of Management commented that the Downtown Board was in full support of RCI's initiative. Mr. Dennis Savriga stated that this was a good thing for the community and advised that he had a client who would be bringing forward an application in the Downtown area at a future date. Mr. Jodie Burdette, owner of a business on Bridge Street, enquired as to the timing, retroactivity and implementation of the loan programs for applications. Mr. Piccioni provided clarification on the timing estimates of the plan. The Director of Planning and Development referred to the need to develop facade guidelines, permanent design guidelines and commented that once there was governmental approval, the municipality would have to set realistic time frames for the applications. The Chief Administrative Officer commented on the use of internal resources for the implementation of the program and of the co- ordination and development of a marketing plan. Ms. Mitsko Suzaki, 4577 Victoria Avenue, expressed expropriation concerns. She had lived in a community where her property had been expropriated. In response, Mr. Piccioni expressed the view that the role of the City was one of co- operation and co- ordination not one of expropriation. In response to questions raised, the Director of Municipal Works advised that a downtown core parking traffic strategy has already been identified in the 2005 Capital Program to look at traffic and signage in the downtown area. Since no further comments were forthcoming, Mayor Salci declared the Public Meeting with regard to the Downtown Niagara Falls Community Improvement Plan, closed. ORDERED on the motion of Alderman Diodati, seconded by Alderman Volpatti, that the recommendations be approved, with the exception of Recommendation #5. The motion Carried with Alderman Wing declaring a conflict of interest on the matter dealing with the Niagara Parks Commission Following some discussion, it was ORDERED on the motion of Alderman Wing, seconded by Alderman Volpatti, that Recommendation #5 be received and adopted. The motion Carried Unanimously. ORDERED on the motion of Alderman Diodati, seconded by Alderman Volpatti, that the correspondence be received and adopted. Carried Unanimously. See By -law No. 2004 -223 See By -law No. 2004 -224 Public Meeting, Re: Zoning By -law Amendment Application for Temporary Use By- laws; AM- 52/2004, 6361 Fallsview Boulevard and Associated Off -Site Lands; Applicant: 876891 Ontario Limited; Agent: Peter Smith, Planner; Proposed Temporary Use by -laws for Off -site Parking for the Hilton Hotel. -6- December 6, 2004 Council Minutes -AND Communication No. 220 Mr. Peter Smith, Bousfields Inc., Planning Consultants for the Hilton Niagara Falls. The communication requests deferral to the new year to permit the site plan agreement to be finalized with City staff. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the matter be deferred. The motion Carried with Alderman Kerrio declaring a conflict of interest and with all others voting in favour. PD- 2004 -109 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 51/2004, 8123 Lundy's Lane, Applicant: Dinh Thi Thuy; Proposed Billiard and Pool Hall. The report recommends that Council approve the requested Zoning by -law amendment to permit a billiard and pool hall within the plaza under construction on the land. AND Communication No. 221 Eric L. Henry, Orchard Grove Motel Limited. The communication advises as having no objections to the proposed application. AND Communication No. 222 Dave and Rose Hartmann, 8239 Spring Blossom Drive. The communication advises as not being in support of the application. -AND Communication No. 223 Denise and Colin Dunkley, 8012 Spring Blossom Drive. The communication advises as strongly disagreeing with the proposed amendment. AND Communication No. 224 Regional Niagara, Public Works Department. The communication advises as having no objections to the proposal. AND Communication No. 225 Sam Dicarlo, Howard Johnson Express Inn. The communication advises as being opposed to the application. -AND Communication No. 226 Motel owner at 8054 Lundy's Lane. The communication expresses opposition to the application. The City Clerk advised that a public meeting was being convened to consider an amendment to the City's Zoning By -law to permit a billiard hall at 8123 Lundy's Lane. 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 November 5, 2004 and by posting a sign on the property in question. He informed that anyone wishing to receive notice of the passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, should leave their names on the sign -in sheets outside the Council Chambers. The Director of Planning and Development discussed the subject property, through the use of posted sketches; advised that the application was for a proposed billiard hall at the new plaza located east of Kalar Road and on the north side of Lundy's Lane; the Director of Planning and Development indicated that the proposed use was a small -scale use which was consistent with the type and scale of uses already permitted in the zone and that the design of the building, site plan standards and the licensing of the facility, should alleviate any concerns about the operation of the facility. He advised that Planning staff were in support of the application and were recommending approval. -7- December 6.2004 Council Minutes His Worship Mayor Salci advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. There was a negative response to Mayor Salci's request for comments. Mr. Lou Marcantonio, 2M Architects Inc., expressed the opinion that older connotations for a pool hall were outdated. He indicated that with parking in the front and the back door being "exit only, he could not foresee there being any loitering that would affect adjacent residents. The City Clerk provided clarification on the process involved in applying for a liquor licence. Since no further comments were forthcoming, Mayor Salci declared the Public Meeting with regard to AM- 51/2004 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that the report be received and adopted. The motion Carried with Aldermen loannoni, Wing and Pietrangelo voting contrary to the motion and with all others voting in favour. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that the correspondence be received and filed. Carried Unanimously. PD- 2004 -113 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 43/2004, 4354 Drummond Road, Applicant: Kargo Properties Inc., Requested Increase in Building Height to Accommodate a Proposed 5- Storey Mixed Use Residential /Commercial Building. The report recommends that Council approve the requested Zoning By -law amendment application to permit an increased building height to accommodate a 5- storey mixed use residential /commercial building. -AND Communication No. 227a) Regional Niagara, Planning and Development Dept. The communication advises as being in support of the proposed zoning amendment; AND Communication No. 227b) Regional Niagara, Public Works Dept. The communication advises as having no objections to the proposal. The City Clerk advised that a public meeting was being convened to consider a proposed amendment to the City's Zoning By -law at 4354 Drummond Road, to permit an increased height to accommodate a 5- storey mixed use residential /commercial building. 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 November 5, 2004 and by posting a sign on the property in question. He informed that anyone wishing to receive notice of the passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, should leave their names on the sign -in sheets outside the Council Chambers. The Director of Planning and Development discussed the subject property, through the use of posted sketches; he advised that the proposal conformed with the intent and purpose of the Official Plan to provide mixed use development and intensification in the Stamford Major Commercial district, that the requested height and density was acceptable for this district, that the proposal could strengthen the commercial viability of the district and spur further developmen, and that the proposed location of the building on the property would assist in mitigating impacts on abutting properties. He commented that this was a good in -fill project and planning staff were recommending approval. -8- December 6, 2004 Council Minutes His Worship Mayor Salci advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. There was a positive response to Mayor Salci's request for comments. Mr. Luigi Cassagrande, 4289 Maplewood Avenue felt the proposed building height was not in keeping with the area and indicated that he was opposed to the proposed application. The Director of Planning and Development commented that in the Stamford Commercial District, there are highrise buildings and that a 5- storey building was appropriate in this area; he further advised that the relief for building height was compensated by increased setbacks and a peaked roof feature. Mr. Lou Marcantonio, who was in attendance on behalf of the applicant, expressed the view that property values would not depreciate in the area as this was a very high -end development, that would be a huge improvement for the area. Since no further comments were forthcoming, Mayor Salci declared the Public Meeting with regard to AM- 43/2004 closed. ORDERED on the motion of Alderman Diodati, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati, that the correspondence be received and filed. Carried Unanimously. PD- 2004 -116 Chief Administrative Officer Re: Zoning By -law Amendment Application, AM- 50/2004, Graham Street (South Side), Applicant: Vincent Marinelli (Agent John Marinelli); Special Residential Dwelling Setbacks and Lot Frontage. The report recommends that Council approve the Zoning By -law amendment application as detailed in this report to provide site specific R1D zoning standards to allow the construction of two single- detached dwellings. -AND Communication No. 228 Regional Niagara, Planning and Development Department. The communication advises as having no objections to 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 to provide site specific zoning to allow the construction of two single- detached dwellings. 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 November 5, 2004 and by posting a sign on the property in question. He informed that anyone wishing to receive notice of the passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, should leave their names on the sign -in sheets outside the Council Chambers. The Director of Planning and Development discussed the subject property, through the use of posted sketches; he indicated that this application was a result of a consent application given for the creation of 2 lots, Part 1 and Part 2; he advised that approval of a site specific zoning by -law was necessary to satisfy a condition of the severance required to create proposed lots and allow the construction of a single- detached dwelling on each parcel. He stated 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. -9- December 6, 2004 Council Minutes There was a negative response to Mayor Salci's request for comments. Mr. John Marinelli, on behalf of the applicant advised as being in support of staffs recommendations. Since no further comments were forthcoming, Mayor Salci declared the Public Meeting with regard to AM- 50/2004 closed. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that the correspondence be received and filed. Carried Unanimously. PD- 2004 -115 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 45/2004, 5816 5846 Drummond Road; Applicant: Migdalos Investments Ltd., Agent: Grant Sauder, Architect; Proposed Commercial Plaza Expansion. The report recommends that Council approve the application to amend the Zoning By -law for 5816 and 5846 Drummond Road conditional on the expansion being limited to 356 square metres (3,618 square feet) and a 6 -metre (19.6 foot) wide landscaping strip being provided along the rear property line. -AND Communication No. 229 Regional Niagara, Planning and Development Department. The communication advises as not being opposed to the proposed rezoning. -AND Communication No. 230 Nicodemus Oey, 6179 Lundy's Lane. The communication provides comments on the proposed commercial plaza expansion. The City Clerk advised that a public meeting was being convened to consider a proposed amendment to the City's Zoning By -law at 5816 and 5846 Drummond Road, to permit expansion of the plaza. 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 November 5, 2004 and by posting a sign on the property in question. He informed that anyone wishing to receive notice of the passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, should leave their names on the sign -in sheets outside the Council Chambers. The Director of Planning and Development discussed the subject property, through the use of posted sketches; he advised that an expansion was being proposed to the plaza, commented that the Official Plan required new development to be designed to achieve compatibility with the surrounding area, and that a site specific General Commercial (GC) zone was appropriate. He advised that planning staff were adverse to expansion to the rear and, therefore, were recommending approval conditional upon a 20 foot landscape strip to be provided along the rear property line, in order to effectively provide a buffer with the residential properties. Also, staff were recommending that the garbage be stored internally. 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. -10- December 6, 2004 Council Minutes Mr. Grant Sauder, Architect, advised that it was time to revitalize the property and provided a brief overview of the proposed application. He further advised that a 6 -foot fence with gates would be erected behind the property. Since no further comments were forthcoming, Mayor Salci declared the Public Meeting with regard to AM- 45/2004 closed. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, to approve the report, subject to a 5 -foot variance to the north being allowed, that adequate fencing be put in place to the north and east of the property and that the garbage be contained internally. The motion Carried with Alderman Wing voting contrary to the motion and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that the correspondence be received and filed. Carried Unanimously. PD- 2004 -117 Chief Administrative Officer Re: Application for Site Plan Approval, SPC- 18/2004, Niagara Falls Golf Course, 6169 Garner Road. The report recommends that Council endorse this site plan application for an expansion to the existing golf course, as shown on Schedule 1. The Director of Planning and Development provided a brief overview of the events that had transpired with regard to the proposal; he advised that drainage and safety netting have been some of the critical issues which have not yet been resolved. He indicated that tree planting, fencing and drainage have been incorporated into the site plan and that staff were recommending the site plan changes in order to resolve the long standing issues in this neighbourhood. Mr. Theodore Kudlac, 6149 Garner Road, expressed concerns regarding the original site plan, requested the provision of more trees and that adequate drainage, at the west side of the property line, be undertaken to carry away the extra water from the golf course parking lot. Mrs. Donna Mino, 6101 Garner Road expressed concerns regarding the public notification process, drainage issues, and safety netting; she requested the installation of a 25 -meter buffer between her property and the proposed golf course. The Director of Planning and Development responded to the concerns expressed regarding the zoning issue; provided a brief overview of the events that had transpired and expressed the view that Council should have been advised, through resolution, that changes had been made. The Director of Planning and Development stressed that nothing turned on the changes that saw the removal of the second parcel from the by -law and indicated that drainage, buffering, fencing and netting issues that were contentious had been incorporated into the site plan. Mr. Tom Richardson, on behalf of Mr. and Mrs. Mino and Mr. and Mrs. Kudlac, referred to the issue of drainage and protection from golf balls; he indicated that photographs submitted by Mrs. Mino reflect the flooding which had occurred on both properties. Mr. Richardson stated that flooding in the front yards appeared to be a result of problems on Garner Road, which are proposed to be addressed by the City in 2005, that the proposed removal of the culvert at the Aiello property would facilitate some flow along the west side of Garner Road, he further stated that drainage in the rear yards was not entirely a City matter, but, would be assumed by the City under site plan agreement. He noted there was a concern that the drain that is to be constructed across the golf course will be inadequate. Mr. Richardson requested that the site plan not be approved until the details of storm drainage are completed, in order that Council can approve the appropriate system and that the netting be required to extend across the entire Mino property at a height of 70 feet. Mr. Brian Sinclair, Solicitor for the property owner, addressed the concerns expressed, advised that his client agreed to put in more trees as requested by the owners in the area, and indicated that a 29.5 foot buffer was being put in place, along with the safety netting. He expressed the view that this development should go ahead. Mr. Chris Cristelli addressed the issue of the existing grade, buffering, tree planting and the establishment of a catch basin. Following the discussion, it was ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni, that the matter be deferred. Carried Unanimously. It was moved by Alderman loannoni, seconded by Alderman Diodati, that approval be granted to proceed past 11:00 p.m. The motion Carried with Aldermen Campbell and Pietrangelo voting contrary to the motion. Letter of Condolence City Centennial Celebrations December 6, 2004 Council Minutes MAYOR'S REPORTS. ANNOUNCEMENTS, REMARKS ORDERED on the motion of Alderman Diodati, seconded by Alderman Campbell, that a letter of condolence be forwarded to the family of the late Walter Wronski, father -in -law of M.P. Kim Craitor. Carried Unanimously. Alderman Jim Diodati provided an update on the City Centennial events and activities being held on December 11 2004. He advised that inserts have been placed in the Niagara Falls Review on Saturday, December 4 2004 and on Wednesday, December 8 2004 outlining all the events and activities. The Mayor referred to the following: that the City would be receiving a cheque from the Province with respect to the gas tax revenue and that a presentation would be made by M.P. Kim Craitor on December 8, 2004; that the Santa Claus parade had been successful, and that a meeting had recently been held with respect to the recent arson incidents at Calaguiro Estates with the Fire Marshall's Office, the Niagara Falls Fire Services and the Niagara Regional Police being in attendance. Upcoming events include the Westlane Christmas Concert and "Candles Carolling" to be held at Cummington Square. COMMUNICATIONS Communication No. 231 Downtown Niagara Falls Board of Management Re: Appointments to the Downtown Board of Management. The communication requests that Council ratify the appointments of David Haggarty and Joe Mrkalj to the Downtown Board of Management. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati, that the request be approved. Carried Unanimously. -12- December 6, 2004 Council Minutes The City Clerk referred to the package that had recently been received by members of Council from Mr. Art Frewin with respect to the City's animal control by -law. Communication No. 232 Art Frewin Productions Inc. Re: Exemption to the City's exotic animal by -law. The communication advises that the organization was seeking an exemption to the City of Niagara Falls exotic animal by -law. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the matter be referred to staff. Carried Unanimously. RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the actions taken in Community Services Committee, earlier this evening, be approved: 1. Adoption of the November 15, 2004 Community Services Committee minutes; 2. Report BBS- 2004 -09 Niagara Falls Sport Plex Inc., SinnicksAvenue Development Charges Complaint that the hearing under the Development Charges Act be deferred; 3. Report MW- 2004 -131 Drummond Road at Frederica Street Traffic Operations Review that a "no left turn" sign be installed facing motorists exiting from the Tim Hortons Plaza at the northern access on Drummond Road; 4. Report MW- 2004 -178 Rosedale Drive parking review that a portion of the "no parking" zone on the south side of Rosedale Drive be eliminated; 5. Report MW- 2004 -182 Municipal Parking Traffic Committee Update that the Municipal Parking and Traffic Committee not be reestablished at this time and the Manager of Traffic and Parking consult with BIA's on all matters pertaining to traffic and parking operations when the issue affects their area; 6. Report R- 2004 -78 Designation of the Proposed Soccer Development at the Kalar Road Sports Park as a Municipal Capital Facility that the matter be deferred. Carried Unanimously. See By -law No. 2004 -221 See By -law No. 2004 -222 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 November 15, 2004 Corporate Services Committee minutes; 2. Main Ferry B.I.A. Re: Community Improvement Plan that the funding for the Main and Ferry Community Improvement Plan be referred to staff for a report at the December 13 2004 budget meeting; 3. Niagara Falls Art Gallery Re: Outstanding Taxes that the Niagara Falls Art Gallery's request for a grant to cover outstanding tax arrears be referred to staff for a report at the December 13 2004 budget meeting; 4. That the request from the Greater Niagara Baseball Association for field lighting be referred to staff for a report at the December 13 2004 budget meeting; -13- December 6, 2004 Council Minutes 5. That the request from the Crowland volunteer Fire fighters to accept the tender for design and to start construction of the new fire hall in 2005, be referred to staff for a report at the December 13 2004 budget meeting; 6. CD- 2004 -25, Supply Services Policy that the report be received and adopted; 7. That the approval of the 2005 General Purposes, 2005 -2009 Capital Projects and 2005 Municipal Utility budgets be deferred to the December 13 th 2004 budget meeting. RATIFICATION OF "IN CAMERA" ACTIONS Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati, that the actions taken in the In Camera session, earlier this evening be approved. that the execution of a Commission Agreement with Avantis Inc., that the City of Niagara Falls will pay Avantis Inc. 5% of the purchase price of a transaction for up to 39.5 acres of land located at the Montrose Business Park with J.C. Park in Trust for a corporation to be incorporated by him. that the Option Agreement between J.C. Park in Trust for the said 39.5 acres, for a three year option to expire on December 6/2005 be approved. Carried Unanimously. See By -law No. 2004 -212 See By -law No. 2004 -213 See By -law No. 2004 -214 CD- 2004 -23 Chief Administrative Officer Re: Appointments to the Niagara Transit Commission. The report recommends that Council vote on the slate of applicants to serve on the Niagara Transit Commission. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati, that the City Solicitor and the Director of Municipal Works act as scrutineers for the ballots. Carried Unanimously. By secret ballot, Daniel Carter and Lou Stranges were appointed to the Niagara Transit Commission. Carried Unanimously. ORDERED on the motion of Alderman loannoni, seconded by Alderman Volpatti, that the ballots be destroyed. Carried Unanimously. CD- 2004 -24 Chief Administrative Officer Re: 2005 Council Schedule. The report recommends that Council pass the by -law appearing on this evening's agenda adopting the attached Schedule for 2005. Following some discussion, it was ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that the Council meetings commence at 6 p.m. The motion was Defeated with a 5 -3 vote. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that Council meetings commence at 7:00 p.m. Carried Unanimously. Following further discussion, it was ORDERED on the motion of Alderman loannoni, seconded by Alderman Volpatti, that the suggestions submitted by Alderman Campbell be reviewed by staff and that a revised 2005 Council Schedule be provided at the next Council meeting. Carried Unanimously. -14- December 6, 2004 Council Minutes CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Wing, that Report MW- 2004 -176, 2004 Infrastructure Management Report be moved out of the Consent Agenda to be considered separately. Carried Unanimously. Following some discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Wing, that Report MW- 2004 -176 be received and filed. Carried Unanimously. 1. BBS- 2004 -08, HOCO Limited, Movieland, 4912 Clifton Hill, Sign Variance; 2. F- 2004 -60, Municipal Accounts; 3. F- 2004 -64, Treasurer's Write -Off; 3. 2004 -48, Release of Site Plan Agreement Your Host Motor Inn, 6179 Buchanan Avenue; 4. L- 2004 -49, Releases and Partial Release of Agreements; Over Part 9 on Reference Plan 59R- 11921; Watson Street Montrose Road; 5. L- 2004 -50, Dr. Fingland's Daycare Centre; 6. MW- 2004 -139, Major Drains /Stormwater Outlets, 5 -Year Maintenance Program; 7. MW- 2004 -174, Commissionaires Contract Extension; 2005 Parking Control Services Building Security; 8. MW- 2004 -179, Request for Changes to Parking Meter Hours; Main Street between Peer Street Robinson Street; 9. MW- 2004 -180, Request for Sunday Parking, Main Street Baptist Church; 10. MW- 2004 -181, Request for Sunday Parking Christ Church, King Eddy Parking Lot; 11. R- 2004 -76, Actions Stemming from the Mayor's Youth Advisory Committee Meeting of October 6,2 2004; 12. MW- 2004 -177, Contract #2004 131 -03, Stanley Avenue Trunk Storm Sewer between Ferry Street Kitchener Street. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the balance of the recommendations contained in the reports within the Consent Agenda be approved. Carried Unanimously. BY -LAWS 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 now read a first time: -15- December 6, 2004 Council Minutes 2004 -212 A by -law to authorize the execution of an Amendment to Option Agreement with Metrus Properties Limited respecting a portion of Montrose Business Park. 2004 -213 A by -law to authorize the execution of an Option to Purchase with J.C. Park, in trust. 2004 -214 A by -law to authorize the execution of an Option Agreement with J.C. Park. 2004 -215 A by -law to authorize the execution of an Agreement with Pinewood Homes (Niagara) Ltd. Respecting a vacant land condominium "Agreement being Parcel 66 -1 Section 59M -207; Block 66, Plan 59M -207; in the City of Niagara Falls in the Regional Municipality of Niagara. 2004 -216 A by -law to amend By -law No. 79 -200, to permit the construction of a 6- storey hotel. (Re: AM- 49/2004, Carmen Grisafi c/o TAGC Holdings) 2004 -217 A by -law to establish Part 1 on Reference Plan 59R -12519 as a public highway, to be known as and to form part of Drummond Road. 2004 -218 A by -law to establish Parts 1 and 2 on Reference Plan 59R -11432 as a public highway, to be known as and to form part of Buchanan Avenue. 2004 -219 A by -law to authorize the execution of a Subdivision Agreement with Donato Antonio Colangelo respecting Colangelo Estates Subdivision. 2004 -220 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 -221 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Parking Prohibited, Stop Signs at Intersections, through Highways) 2004 -222 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Prohibited Turns, Parking Meter Zones, Parking Prohibited) 2004 -223 A by -law to designate the Downtown of Niagara Falls as a Community Improvement Project Area. 2004 -224 A by -law to adopt a Community Improvement Plan for the Downtown Niagara Falls Community Improvement Project Area. 2004 -225 A by -law to authorize monies for General Purposes (December 6, 2004). 2004 -226 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 6 day of December, 2004. The motion Carried with Aldermen Morocco and Volpatti declaring pecuniary interests on By -law No. 2004 -225. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that the By -laws be now read a second and third time: 2004 -212 A by -law to authorize the execution of an Amendment to Option Agreement with Metrus Properties Limited respecting a portion of Montrose Business Park. 2004 -213 A by -law to authorize the execution of an Option to Purchase with J.C. Park, in trust. 2004 -214 A by -law to authorize the execution of an Option Agreement with J.C. Park. 2004 -215 A by -law to authorize the execution of an Agreement with Pinewood Homes (Niagara) Ltd. Respecting a vacant land condominium "Agreement being Parcel 66 -1 Section 59M -207; Block 66, Plan 59M -207; in the City of Niagara Falls in the Regional Municipality of Niagara. 2004 -216 2004 -217 2004 -218 2004 -219 2004 -220 2004 -223 2004 -224 2004 -225 2004 -226 The motion By -law No. -16- December 6, 2004 Council Minutes A by law to amend By -law No. 79 -200, to permit the construction of a 6- storey hotel. (Re: AM- 49/2004, Carmen Grisafi c/o TAGC Holdings) A by -law to establish Part 1 on Reference Plan 59R -12519 as a public highway, to be known as and to form part of Drummond Road. A by -law to establish Parts 1 and 2 on Reference Plan 59R -11432 as a public highway, to be known as and to form part of Buchanan Avenue. A by -law to authorize the execution of a Subdivision Agreement with Donato Antonio Colangelo respecting Colangelo Estates Subdivision. 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 -221 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Parking Prohibited, Stop Signs at Intersections, through Highways) 2004 -222 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Prohibited Turns, Parking Meter Zones, Parking Prohibited) A by -law to designate the Downtown of Niagara Falls as a Community Improvement Project Area. A by -law to adopt a Community Improvement Plan for the Downtown Niagara Falls Community Improvement Project Area. A by -law to authorize monies for General Purposes (December 6, 2004). A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 6` day of December, 2004. Carried with Aldermen Morocco and Volpatti declaring pecuniary interests on 2004 -225. NEW BUSINESS Speed Limits at Lundy's Lane /Garner Road Alderman Janice Wing referred to concerns raised by Mr. Mrs. Baldinelli regarding accidents that are occurring at Lundy's Lane west of Garner Road and stated that the speed limit issue needs to be addressed. ORDERED on the motion of Alderman Wing, seconded by Alderman Diodati, that a letter be forwarded to the Region, requesting that they review the speed limit on Lundy's Lane west of Garner Road. Carried Unanimously. City of Niagara Falls Sign at Mountain Road Alderman Jim Diodati commented and complemented the Beautification Committee for an excellent display at the City of Niagara Falls Sign at Mountain Road. Subsidizing Fees for Minor Hockey Alderman Carolynn loannoni referred to a letter from the President of the Niagara Falls Hockey regarding subsidizing the fees for minor hockey. The Chief Administrative Officer provided clarification on the matter. Following some discussion, it was ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing, that staff be directed to invite Mr. Sacco to Council to provide clarification on his comments and his position with respect to the minor hockey issue. The motion was Defeated with a 5 -3 vote. Following further discussion, it was ORDERED on the motion of Alderman Diodati, seconded by Alderman Morocco, that staff continue to investigate the matter and bring back a report to Council. Carried Unanimously Indoor Soccer Facility Alderman Victor Pietrangelo questioned the timeframe for a business plan to the Indoor Soccer Facility. The Chief Administrative Officer advised that a meeting is to be held this week to discuss the matter. Niagara Falls Hydro Board of Directors ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Wing, that Council confirm it's support of the Niagara Falls Hydro Board. Carried Unanimously. Destination Promotion Fee -17- Alderman Wayne Campbell referred to a news article, dated November 20 2004, in the Toronto Star from Mr. Robert Sells, Brampton, expressing concerns regarding the new destination promotion fee being charged by some tourist establishments. Alderman Campbell expressed the view that the tourist industry must coordinate and organize this destination promotional fee. ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that a letter be forwarded to Niagara Falls Tourism advising that the tourist industry must coordinate and organize this destination promotion fee. Carried December 6, 2004 Council Minutes Unsigned Letters Alderman Selina Volpatti referred to an unsigned letter that she had received, expressing concerns with respect to Aldermen taking free dinner meals from contractors dealing with the City. She advised that she would look into the matter if the letter writer would contact her, as she would not deal with unsigned letters. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Morocco, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, DEAN IORF -18- December 6, 2004 Council Minutes 52c---, CLERK R. T. (TED) SALCI, MAYOR