2005/01/31SECOND MEETING
IN CAMERA SESSION
Committee Room #2
January 31, 2005
Council met on Monday, January 31, at 6:30 p.m. in an In Camera Session. All
members of Council, with the exception of Alderman Volpatti, who was on holiday, were
present. Alderman Jim Diodati presided as Chairman.
Following consideration of the items presented, the In Camera Session did not rise
to report in open session.
READ AND ADOPTED,
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DEAN IORF A, gITY CLERK R. T. (TED) SALCI, MAYOR
REGULAR COUNCIL MEETING
Council Chambers
January 31, 2005
Council met on Monday, January 31, 2005 at 7:15 p.m. for the purpose of
considering Regular /Planning Business matters. All members of Council, with the
exception of Alderman Volpatti, who was on holiday, were present. Alderman Jim Diodati
offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Morocco, seconded by Alderman Pietrangelo, that
the Minutes of the January 17, 2005 Council meeting be adopted as printed. Carried
Unanimously.
DISCLOSURES OF PECUNIARY INTEREST
Alderman Morocco indicated a conflict of interest on Report PD- 2005 -09, because
the development backs onto her residence.
Alderman Pietrangelo indicated a conflict of interest on By -law No. 2005 -10,
because the Niagara Catholic District School Board is his employer.
Alderman Wing indicated a conflict of interest on an In Camera item.
Regional Council Update
DEPUTATIONS
His Worship Mayor Salci welcomed and introduced Regional Councillor, Anne
Angelone, who commented on the congestion at border crossings, the development of
the Niagara /G.T. A. Corridor, the expansion of the 406 and discussed the expansion of
Regional Headquarters. Ms. Angelone thanked the members for the opportunity to
address Council.
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Niagara Falls Big Brothers Big Sisters Association Inc.
Centennial Day Update
PLANNING MATTERS
January 31 .2005 Council Minutes
Mr. Jon Braithwaite, Executive Director, Niagara Falls Big Brothers Big Sisters
provided background information on the Big Brothers Big Sisters' various programs,
including a new program called "Go Girls" aimed at girls aged 12 -14 years old. He
promoted the organization's 3i Annual Bowl For Kids Sake Campaign being held on
February 19, 2005 at Cataract Lanes. An invitation was extended to members of Council
and City employees to participate in this worthwhile event.
Alderman Jim Diodati provided highlights of the various Centennial Day activities,
held on December 11, 2004 at Queen Victoria Park. He thanked all the hotels, restaurants
and attractions for their participation and to the volunteers who were involved in the
festivities.
His Worship Mayor Salci presented cheques to Nova House, the Greater Niagara
General Hospital Foundation, Cystic Fibrosis; and Project SHARE from funds generated
from the Centennial Day initiatives.
PD- 2005 -09 -Chief Administrative Officer Official Plan Zoning By- IawAmendment
Applications; AM- 42/2004, Southwest Corner of McLeod Road and Alex Avenue;
Applicant: TAGC Holdings (Carmen Grisafi); Agent: Michael Allen, Architect. The
report recommends the following:
1. That Council approve 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. That Council approve 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 (H)
provision requiring the completion of a market need and justification report
prior to construction;
c) limit the height of the development on the west portion to two storeys and
prohibit any restaurants from the south half of this portion;
d) implement setbacks for building is as proposed on Schedule 2; and
3. Direct that residents be involved in the site plan approval process.
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 to designate lands on
the southwest corner of McLeod Road and Alex Avenue from Residential to Minor
Commercial to permit a hotel and retail office and restaurant space. 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 December 30, 2004 and by posting a sign on the property in
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January 31 2005 Council Minutes
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 reviewed the subject property, through
the use of posted sketches; the application was first considered in November. Since then,
the developer, residents and staff had met to resolve some of the outstanding concerns.
The Planner indicated that the ingress and egress onto Alex Avenue had been eliminated
and the developer will cost share on signalization at McLeod Road and Alex Avenue. He
pointed out that since McLeod Road was a Regional Road, the Region would be
undertaking a complete environmental assessment and would have the final say on traffic
and signal issues. The Planner referred to the provision of a 30- foot buffer, which is quite
extensive, and the plan for a tree study in order to preserve as many mature trees as
possible. He stated that the height had been reduced to a four stories with an
architectural roof feature and that the commercial plaza would be limited to two stories.
The Director of P lanning and Development commented that other concerns
regarding the Motel 6 project such as appearance, location amenities and bus parking
associated with this hotel would be dealt with through the site planning process. He
advised that staff were recommending that the project move forward.
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, advised that the developers have
accommodated the concerns of the residents and enquired whether the residents would
be involved in the site planning process.
Mr. Brian Sinclair, Solicitor, on behalf of the applicant, advised that this was a good
project, which would be less intrusive on the area residents. He requested Council's
approval of the application.
Mr. Michael Allen, Architect, expressed his appreciation to staff and indicated that
the developer would welcome the neighbours' input through the site plan process.
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 loannoni, seconded by Alderman Diodati, that the
report be received and adopted. Carried Unanimously.
MAYOR'S REPORTS, ANNOUNCEMENT
His Worship Mayor Salci provided the highlights of the achievements of 2004 and
outlined the initiatives in 2005 in his State of the City address.
His Worship Mayor Salci advised that letters of condolence had been forwarded to
the family of the late Lenora Vokey, mother of Cyril Vokey and Ann MacDonald and
mother -in -law of Chief Administrative Officer, John MacDonald; and to the family of the late
Paul Babel, father of Paula Babel in the Clerk's Department.
COMMUNICATIONS
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January 31 2005 Council Minutes
Communication No. 08 Ontario Association for Marriage and Family Therapy Re:
Proclamation. The communication requests that the week of February 14 -18, 2005 be
proclaimed as "Marriage Checkup Week
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati that the
request be approved. Carried Unanimously.
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that
the actions taken in Community Services Committee, earlier this evening, be approved.
1. Adoption of the minutes of the January 17, 2005 Community Services Committee
meeting;
2. That the report on the Pavement Management Summary be received and filed for
the information of Council;
3. The Kiwanis Bus Bench Program be referred to staff for further review;
4. That the proposal put forward by Integrated Municipal Services be received and
filed;
5. That the Forsythe Street and Desson Avenue Intersection Control Review be
received for the information of Council;
6. That Council be advised of when property within the vicinity of the Lundy's Lane
Battlefield is placed on the market for sale. That Council support, by way of a letter,
the request for change in Provincial legislation for redundant schools in the Lundy's
Lane Battlefield area further, that Council direct staff to investigate possible
rezoning for these historical lands;
7. That the report on Minor Hockey be deferred to such time the president of the
Niagara Falls Minor Hockey Association is able to attend;
8. That Council accept the Terms of Reference for a Service Delivery Review with
Alderman Campbell, Alderman Pietrangelo and Mayor Salci as committee
members.
Carried with Alderman loannoni and Alderman Wing opposed to item #8.
F- 2005 -02 Chief Administrative Officer Re: Borrowing By -law. The report
recommends the following:
1. That Council approve the borrowing of up to a maximum sum of $23,000,000 for
current expenditures;
2. That Council approve the borrowing of up to a maximum sum of $17,500,000 for the
acquisition of the CNCP Railway Corridor;
3. That Council approve the borrowing of up to a maximum sum of $15,000,000 for the
purpose of paying the City's share for construction of the Community Centre.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that
the three recommendations in the report be approved, and further, that staff come back
with an updated report as to the costs -to -date of the Community Centre. The motion
Carried with Alderman loannoni voting contrary to Recommendation #2 and Alderman
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January 31 2005 Council Minutes
Wing indicating a conflict of interest on Recommendation #2, dealing with the People
Mover System and with all others voting in favour.
F- 2005 -03 Chief Administrative Officer Re: Sewer Consumption Rate Credit. The
report recommends for the information of Council.
ORDERED on the motion of Alderman loannoni, seconded by Alderman Kerrio, that the
report be received and filed.
Following some discussion, it was ORDERED on the motion of Alderman Morocco,
seconded by Alderman Wing, that staff meet with the businesses with delinquent taxes to
encourage them to apply the sewer credit towards their taxes. Carried Unanimously.
Following further discussion, it was ORDERED on the motion of Alderman loannoni,
seconded by Alderman Pietrangelo, that the Region be requested to cover the
administrative costs of the rebate. The motion Carried with Alderman Wing voting contrary
to the motion and with all others voting in favour.
F- 2005 -04 Chief Administrative Offi cer Re: Niagara Falls Art Gallery, 8058
Oakwood Drive. The feport recommends for the decision of Council.
Mr. Garry Beck and Mr. John den Ouden expressed their opposition to the request
of the Niagara Falls Art Gallery for a grant to pay its Municipal Tax Arrears, penalties and
interest.
Mr. Bryan Smylski, Niagara Falls Art Gallery provided a brief summary of the
events that had taken place, advised that the Art Gallery was going through an appraisal
process but had a verbal appraisal estimating their art at $4million and provided
clarification on concerns expressed regarding whether the art collection would remain in
Niagara Falls.
Following the discussion, it was ORDERED on the motion of Alderman Morocco,
seconded by Alderman Kerrio, that Council not accept the request by the Niagara Falls Art
Gallery for a grant to pay its Municipal Tax Arrears, penalties and interest. The motion
Carried with Aldermen Campbell and Diodati voting contrary to the motion.
ORDERED on the motion of Alderman Morocco, seconded by Alderman Kerrio, that the
communications be received and filed. Carried Unanimously.
F- 2005 -05 Chief Administrative Officer Re: Interim Tax Levy. The report
recommends the following:
1. That Council approve the 2005 Interim Tax Levy Calculation;
2. That Council approve the passing of a by -law providing for a 2005 Interim Tax Levy.
ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni, that the
report be received and adopted. Carried Unanimously.
See By -law No. 2005 -17
F- 2005 -06 Chief Administrative Officer Re: Approval of Spending Limits prior to
the Approval of the 2005 Budget Estimates. The report recommends that, in the
absence of an adopted 2005 Current Budget, City Council approve the following:
1. City departments be allowed to incur costs to a level of 50% of the departmental
expenditure budget of the prior year;
2. New capital items deemed essential by a department be approved by City Council
prior to purchase;
3. That this policy be communicated to all Commissions, Boards and Agencies, and
that City contributions not exceed a monthly pro rata share of the prior year's
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January 31 2005 Council Minutes
support.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Morocco, that the
report be received and adopted. Carried Unanimously.
CONSENT AGENDA
THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE
MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS
CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL
SAVE TIME.
PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR
MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED
SEPARATELY.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Wing, that all
of the recommendations contained in the Consent Agenda reports be approved.
1. L- 2005 -05, Navy League of Canada and The Corporation of the City of Niagara
Falls Lease Agreement- that the City enter into a Lease Agreement with Navy
League of Canada (Ontario Division) "Navy League which Lease is attached
hereto as Schedule "A for the lands and premises municipally known as 5646
Leonard Avenue, Niagara Falls "Demised Premises
2. L- 2005 -07, Fidelity Bond Coverage- For information of Council and compliance with
requirements of the Municipal Act, 2001;
3. MW- 2005 -10, Niagara Union Property Development Inc., Condominium Agreement
with City that 0.78 metres of the 3.05 metre widening dated to the City be
conveyed back to the condominium corporation for that area containing the existing
entrance and overhand;
Carried Unanimously.
RESOLUTIONS
NO. 01 DIODATI PIETRANGELO BE IT RESOLVED that the Regional Municipality
of Niagara be petitioned to reduce its Council size and further be it resolved, that the
Regional Municipality of Niagara and the lower -tier municipalities in Niagara consider
having representatives sit on both levels of municipal government, to reduce the number
of municipal politicians. The motion Carried with Alderman Wing voting contrary to the
motion and with all others voting in favour.
NO. 02 PIETRANGELO DIODATI THEREFORE BE IT RESOLVED, the subject lands
be and the same is hereby declared surplus to the City's needs and reconveyed to the
abutting owner, Niagara Union Property Development, for nominal consideration. AND
THEREFORE FURTHER BE RESOLVED that this shall constitute notice that at its meeting
to be held the 14'" day of February, 2005 at the Council Chambers, City Hall, 4310 Queen
Street, in the City of Niagara Falls, at 7:00 p.m., the Council of The Corporation of the City
of Niagara Falls will consider the proposed closing and reconveyance of the subject lands,
to Niagara Union Property Development, for nominal consideration. The contact person
is Mary Morrone.
Carried Unanimously.
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BY -LAWS
January 31 2005 Council Minutes
Prior to the By -laws being dealt with, Mr. Victor Elms requested to speak to By -law
No. 2005 -18 regarding amending By -law No. 79 -200, to permit the construction of an
apartment dwelling (Re: AM- 29/2004, Victor Elms, Leader Lane through to Stanton
Avenue). Mr. Elms provided a brief history of the events that had taken place with respect
to his proposal to construct a 4 storey apartment building and of Council's decision to
rezone the property conditional upon the right of way across the laneway, a closed section
of Leader Lane, that was only about 30 feet wide and not suitable for a public road. Mr.
Elms requested that Council pass the motion to give him the rezoning from R2 to R4 as
voted on at the June 26, 2004 meeting, and further, to join the piece of the closed section
of Leader Lane to his property in order that he could build a private driveway over it. He
advised that he would be willing to have an easement for the local residents in order to
continue using the lane for pedestrian and bicycle traffic.
The City Solicitor commented that Council had approved the zoning by -law
amendment for a 4 storey, nine unit apartment building, conditional upon the applicant
entering into all necessary agreements to obtain a right of way for driveway access with the
unopened Leader Lane road allowance prior to passage of the amending zoning by -law.
Following the discussion, it was ORDERED on the motion of Alderman Wing,
seconded by Alderman loannoni, that the matter be referred back to staff for a report, and
that the area residents be circulated, and further, that the Trail and Bikeway Committee be
requested to comment. Carried Unanimously.
His Worship MayorSalci received a negative response to his request whether
there was anyone present that had an interest respecting By -law No. 2005 -10, Part
of Lot 38, Plan 11 located on the south east side of Lewis Avenue.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati, that
leave be granted to introduce the By -laws and the By -laws be now read a first time
2005 -10 A by -law to authorize the conveyance to Niagara Catholic District School
Board respecting Part of Lot 38, Plan 11 located on the south east side of
Lewis Avenue.
2005 -11 A by -law to amend By -law No. 79 -200, to permit the expansion of a
commercial plaza. (Re: AM- 45/2004, 5816 and 5846 Drummond Road)
2005 -12 A by -law to amend By -law No. 79 -200, to permit a billiard hall. (Re: AM-
51/2004, 8123 Lundy's Lane).
2005 -13 A by -law to establish Part 3 on Reference Plan 59R -12340 as a public
highway, to be known as and to form part of Garner Road.
2005 -14 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 36/1999,
Rainbow Hotel Restaurant)
2005 -15 A by -law to establish Part 3 on Reference Plan 59R- 12608, as a public
highway, to be known as and to form part of Kalar Road.
2005 -16 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City Roads (Parking Prohibited)
2005 -17 A by -law to provide an interim levy of realty taxes.
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January 31 2005 Council Minutes
2005 -18 A by -law to provide for appointments to certain Boards, Commissions and
Committees.
2005 -19 A by -law to authorize temporary borrowing.
2005 -20 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 31s day of January, 2005.
The motion Carried with Alderman Pietrangelo indicating a conflict of interest on By -law
No. 2005 -10; Aldermen loannoni and Wing voting contrary to By -law No. 2005 -12 dealing
with the Committee of Adjustment matter; Aldermen loannoni and Wing voting contrary to
By -law No. 2005 -18; and Alderman loannoni voting contrary, with Alderman Wing having
declared the previously noted conflict, to Section #2 in By -law No.2005 -19 and with all
others voting in favour.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Pietrangelo, that
the By -law be now read a second and third time:
2005 -10 A by -law to authorize the conveyance to Niagara Catholic District School
Board respecting Part of Lot 38, Plan 11 located on the south east side of
Lewis Avenue.
2005 -11 A by -law to amend By -law No. 79 -200, to permit the expansion of a
commercial plaza. (Re: AM- 45/2004, 5816 and 5846 Drummond Road)
2005 -12 A by -law to amend By -law No. 79 -200, to permit a billiard hall. (Re: AM-
51/2004, 8123 Lundy's Lane).
2005 -13 A by -law to establish Part 3 on Reference Plan 59R -12340 as a public
highway, to be known as and to form part of Garner Road.
2005 -14 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 36/1999,
Rainbow Hotel Restaurant)
2005 -15 A by -law to establish Part 3 on Reference Plan 59R- 12608, as a public
highway, to be known as and to form part of Kalar Road.
2005 -16 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City Roads (Parking Prohibited)
2005 -17 A by -law to provide an interim levy of realty taxes.
2005 -18 A by -law to provide for appointments to certain Boards, Commissions and
Committees.
2005 -19 A by -law to authorize temporary borrowing.
2005 -20 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 31s day of January, 2005.
The motion Carried with Alderman Pietrangelo indicating a conflict of interest on By -law
No. 2005 -10; Aldermen loannoni and Wing voting contrary to By -law No. 2005 -12 dealing
with the Committee of Adjustment matter; Aldermen loannoni and Wing voting contrary to
By -law No. 2005 -18; and Alderman loannoni voting contrary, with Alderman Wing having
declared the previously noted conflict, to Section #2 in By -law No.2005 -19 and with all
others voting in favour.
NEW BUSINESS
Chambers of Commerce Update
READ AND ADOPTED,
Fundraiser for Heart Niagara
Alderman Carolynn loannoni referred to correspondence received from Mr. Gary
Taylor, who will be riding a bike to raise money for Heart Niagara and encouraged
sponsors for his endeavour.
Alderman Carolynn loannoni provided a brief update on the recently held Chamber
of Commerce Board meeting and discussed the Chambers stand on the new hospital. She
extended an invitation to members of Council to attend the Board's Annual General
meeting on February 24 2005 with Premier Dalton McGuinty being in attendance.
Alderman loannoni requested that Council receive a copy of the Niagara Health System's
Information package, which had been provided at the Chamber's Board meeting.
January 31 2005 Council Minutes
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Campbell, that the
meeting be adjourned. Carried Unanimously.
DEAN IO9FIDA,jCITY CLERK R. T. (TED) SALCI, MAYOR