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2005/04/04READ AND ADOPTED, SIXTH MEETING IN CAMERA SESSION Council met on Monday, April 4, 2005 at 6:30 p.m. in an In Camera Session. Joyce Morocco presided as Chair. Following consideration of the items presented, the In Camera Session did not rise to report in open session. REGULAR COUNCIL MEETING Committee Room #2 April 4, 2005 ITY CLERK R. T. (TED) SALCI, MAYOR Council Chambers April 4, 2005 Council met on Monday, April 4, 2005 at 7:25 p.m. for the purpose of considering Regular Business matters. Alderman Volpatti offered the Opening Prayer. Following the Opening Prayer Matthew D'Alessandro sang the National Anthem. ADOPTION OF MINUTES ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the Minutes of the March 21, 2005 Council meeting be adopted as printed. Carried Unanimously. DISCLOSURES OF PECUNIARY INTEREST Alderman Morocco to cheque no. 291305 and 291320 which were payable to her contract employer. Alderman Pietrangelo indicated a conflict to Report L- 2005 -11 dealing with St. Gabriel Lalemant School as the Niagara Catholic District School Board is his employer. Alderman Kerrio indicated a conflict to Report MW- 2005 -37, Boyer's Creek drainage runs through his property. Alderman Campbell to cheque no. 291231 which was payable himself and the deputation for Education Month as the District School Board of Niagara is his employer. Alderman Wing indicated a conflict to Report MW- 2005 -32 which affects the Niagara Parks Commission and she has property with a Parks employee. His Worship Mayor Salci to cheque no. 291347 which was payable to himself. Education Month Fresh Air Association of Canada A Case for 2 Casinos April 4. 2005 Council Minutes DEPUTATIONS /PRESENTATIONS Stamford Vibe Junior Synchronized Skating Team His Worship Mayor Salci presented individual awards to the Stamford Vibe Junior Synchronized Skating team which won the international gold medal at the Spring Cup competition in Milan, Italy. The District School Board of Niagara made presentations recognizing April as Education Month. Mr. Chris McInnis, Principal, Ms. Marilyn Demers, teacher and Jessica O'Brien, student did a presentation on activities at Battlefield School and Mr. John Stainsby, Principal and students Matt Salvatore and Sanya Billoo made a presentation on activities at Stamford High School. Ms. Karen Bodirsky, CEO of the Fresh Air Association of Canada addressed Council regarding the provincial government's intention to proceed with a smoking ban that does not allow exemptions. Ms. Bodirsky indicated she is not pro- smoking but pro- choice. She questioned the economic effects such a ban will have on the bingo and hospitality industries. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati that Council send a Resolution to the Province stating that a flat out ban is not appropriate and does not speak to all the needs of the commercial sector in Niagara Falls and that the Province look at a fair compromise regarding the smoking issue. Carried Unanimously Ms. Fran Hohol of PKF Consulting and Mr. Harry Oakes, representing the Clifton Hill and Victoria Avenue BIA's, apprised Council of an updated study justifying the presence of two casinos in Niagara Falls. Mr. Oakes gave a brief background of the study, he noted Niagara Falls probably has the most successful government catalyst for economic development probably in Canada. The two commercial casinos in Niagara Falls have created billions of dollars in revenue fo the Province and at the same time spins off in the private sector have created thousands of jobs. Ms. Hohol the overall objective has been three fold, one to act as a catalyst for economic development for the community, thereby encouraging year round tourism, secondly, to kick start the tourism and hospitality industries and, thirdly, to create jobs. The study does not look at the case of having two casinos from a market or financial liability as the OLGC is already engaged in such a study. The benefits identified in the study included an increase in net incremental tourism spending derived by the gaming visitors, the maintenance of two casinos provides the visitor with two types of gaming experiences at two quality facilities, it supports the City's tourist area development strategy which also includes the multi million dollar People Mover system and the City's hotel inventory has increased substantially. The risk of closing Casino Niagara will have three major repercussions: gaming visitations will erode, new capital investment in the Clifton HillNictoria Avenue area will erode and the viability of the current business in that area will suffer. In conclusion, maintaining Niagara's two casinos strategy is one of the corner stones of Niagara's economic growth strategy and supports the Province's attainable growth strategy for gaming. There is a need for a twenty year commitment by the Province for this node to fully establish itself and benefit from its private sector investment. The closure of Casino Niagara will cripple the tourism industry particularly those in and around Clifton Hill and Victoria Centre BIA. NAYE Alderman Volpatti NAYE Alderman Pietrangelo NAPE Alderman Kerrio -3- April 4. 2005 Council Minutes Mr. Kim Craitor, MPP, indicated that he wants both casinos to remain open. He indicated that there are no discussions about closing Casino Niagara at Queen's Park and that talk about closure has come from concerned employees. The member is committed to ensuring Casino Niagara is viable and sustainable and he will be meeting with Duncan Brown, CEO of the OLGC to impress this upon him. NO. 03 KERRIO VOLPATTI THEREFORE BE IT RESOLVED that because of the obvious economic benefits, the Provincial government be urged to make a long -term commitment to Casino Niagara; and FURTHER BE IT RESOLVED that a commitment of 20 years to Casino Niagara by the Province will continue to encourage economic investment, especially in the Clifton Hill- Victoria Centre area; and FURTHER BE IT RESOLVED that a copy of the PKF report be forwarded to Mr. Duncan Brown, C.E.O. of the Ontario Lottery Gaming Corporation; and FURTHER BE IT RESOLVED that Mr. Duncan Brown be urged to present the PKF report to the Cabinet for their deliberations. Carried Unanimous UNFINISHED BUSINESS PD- 2005 -18 Chief Administrative Officer Re: Site Plan Application, SPC- 18/2004, 6169 Garner Road; Applicant: Niagara Falls Golf Course Ltd.; Proposed Golf Course Expansion. The report recommends that Council endorse the site plan application for an expansion to the existing golf course, as shown on Schedule 1. The Director of Planning Development explained that this site plan application has been on -going for some time. Staff has worked long and hard to find a reasonable balance. All of the site plan issues have been resolved. There are some drainage issues that are off property. These issues will be dealt with in a future report to Community Services. The applicant is anxious to begin works in time for the golf season. Mrs. Donna Mino thanked everyone for working together over the last year to resolve the issue but advised there were some issues with the site plan they are not satisfied with. Ms. Mino felt that the site plan should not be approved without the drainage issues resolved because without the site plan approval the City would have no leverage over the applicant to use his property for future works related to the drainage. She also questioned why the matter should not wait until the drainage report is completed. Mr. Ted Kudlak also expressed the concern about the drainage problems and the need to solve them before the site plan be approved. Mr. Ken Moore, the applicant reminded the Council he entered into this site plan agreement voluntarily as the property being referred to is zoned Open Space. He indicated that the drainage problems are a concern for him too and he will allow City staff access to his property to resolve the issue. Mr. Moore also indicated that he would like to begin the site plan works soon. Mr. Vince Shaw, the groundskeeper for the Niagara Falls Golf Course, indicated the lines and tiles present on the golf course property. Mr. Nick Mino felt that the site plan and drainage had to be done together. ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni to defer the matter. NAYE Alderman Diodati NAYE Alderman Morocco NAYE His Worship Mayor Salci AYE Alderman Campbell AYE Alderman Wing AYE Alderman loannoni The deferral motion is defeated. -4- ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the application be approved and Council proceed immediately once the drainage report is brought to Community Services. The motion Carried with Alderman loannoni and Alderman Wing opposed. PLANNING MATTERS April 4, 2005 Council Minutes Alderman Volpatti was chair for the following application. His Worship Mayor Salci declared a pecuniary interest as a member of his family sits on the Board of Directors. PD- 2005 -22 Chief Administrative Officer Re: Zoning By -law Amendment AM- 39/2004, Site Specific Institutional Use, Applicant: Boys Girls Club of Niagara, Agent: Veneriano V.P. Architect Inc., McLeod Road (South Side), East of Garner Road. The report recommends that: 1. Council approve the Zoning By -law amendment application as detailed in this report to allow a recreational facility on a portion of the site and to protect a Provincially Significant Wetland on the balance of the land; and 2. The amending by -law either not be passed until servicing is available or a "Holding" provision be included for the Institutional (I) zone portion of the site which is to be removed when approvals are received for sanitary and stormwater servicing. The Clerk indicated that a Public Meeting was being convened to consider a proposed Amendment to the City's Zoning By -law for the property at McLeod Road (South Side), East of Garner Road. Notice was given by first class mail in accordance with the Planning Act on March 4, 2005 and by posting a sign on the property in question. Anyone who wants notice of the Passage of the Zoning By -law Amendment or to participate in any site plan process, if applicable, shall leave their name on the sign in sheets outside the Council Chamber. Mayor asked the Planning Director to explain the purpose and the reason for the proposed by -law amendment. The Planner gave presentation on the application: 1. City's Official Plan designates the land Residential which permits a variety of housing types and ancillary uses including recreational facilities. 2. The land is currently zoned Development Holding (DH). The zoning of the lands is proposed to be changed to Institutional (I) to permit the Boys Girls Club facility As well, a portion of the lands is proposed to be changed to Environmental Protection Area (EPA), to protect a Provincially Significant Wetland (PSW). 3. The implementing zoning by -law will provide a 15 metre (49.2 foot) building setback from the boundary of the PSW in accordance with the Region's requirements. 4. The proposal is consistent with the policies of the Garner Neighbourhood Secondary Plan, which includes the protection of the PSW on this site. In Conclusion: Recommendation: 5. Currently, no sanitary or stormwater services are available to serve the site. The zoning by -law should include a "Holding" provision for the proposed Institutional zoning and the "H" designation would be removed once services are approved. 6. The applicant has met with staff to resolve various planning and zoning related matters. The only matter which could not be resolved was the amount of landscaping to be provided along the McLeod Road frontage. Staff are recommending a reduced amount of front yard landscaping in favour of the buffering provided for the Provincially Significant Wetland at the rear of the building. 7. Details such as landscaping, parking and fencing will be addressed at site plan control. 1. The amendment complies with the Official Plan and Garner Neighbourhood Secondary Plan; 2. The proposed development abuts a Provincially Significant Wetland. Building setbacks will be acceptable to the Region; and 3. Sanitary and stormwater servicing issues must be addressed before this development can proceed. 1. That Council approve the Zoning By -law amendment to allow a recreational facility on a portion of the site and to protect a Provincially Significant Wetland on the balance of the land; and 2. The amending by -law either not be passed until servicing is available or a "Holding" provision be included for the Institutional (I) zone portion of the site. The "Holding" provision may be removed when approvals are received for sanitary and stormwater servicing. Upon conclusion of the Planning Director's comments, the Mayor advised that members of the public are advised that failure to make an oral or written submission at this Public Meeting could result in the Ontario Municipal Board dismissing any referral it receives if the party has not made an oral or written submission at the Public Meeting. There were no representations from the public. Mr. Vinnie Panici, Architect for the applicant indicated that he would answer any questions the Council may have. The Mayor closed the public meeting. ORDERED on the motion of Alderman Kerrio, seconded by Alderman loannoni, 1. That Council approve the Zoning By -law amendment to allow a recreational facility on a portion of the site and to protect a Provincially Significant Wetland on the balance of the land; and 2. That a "Holding" provision be included for the Institutional (I) zone portion of the site. Carried Unanimously April 4. 2005 Council Minutes -6- MAYOR'S REPORTS, ANNOUNCEMENTS His Worship Mayor Salci advised of letters of condolence to the families of Harold Buckborough and Domenic Biamonte. He advised of the following recent or upcoming events: the third anniversary of the Early Years Centre at Mary Ward School, the annual Mayor's Prayer, the Mayor's Youth Advisory Youth Forum, Climb for Cancer at the Skylon, the Niagara Falls Super Cities Walk for MS and the elimination draw at Willoughby Fire Hall. His Worship also mentioned that the Westlane Robotics team recently won a silver medal for the first Robotics competition held in Toronto. April 9 there will be an elimination draw at the Willoughby fire hall doors open at 5:00 p.m. dinner at 6:00 p.m. Tickets are $25 each. COMMUNICATIONS April 4. 2005 Council Minutes Niagara Falls Public Library- Re: 2005 Capital Budget Library Projects- requesting approval for various library projects in 2005 as already approved in the City's Capital Budget 2005 2009. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Campbell that the Council approve the various library project in the City's Capital Budget 2005 2009. Carried Unanimously Chamber of Commerce Re: Review of commercial and industrial property tax assessment requesting Council support the Chamber's resolution that the Province of Ontario establish an entity to review commercial and industrial property tax assessment. ORDERED on the motion of Alderman loannoni, seconded by Alderman Diodati that Council support the Chamber's resolution that the Province of Ontario establish an entity to review commercial and industrial property tax assessment. Carried Unanimously REPORTS R- 2005 -18 Chief Administrative Officer Re: Naming of City Parks and Facilities. The report recommends that Council consider the opportunities available to name City Parks in honour of the late Alderman Gary Hendershot, the late Mayor Robert Keighan and the Canadian Veterans. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni that Council consider the opportunities available to name City Parks in honour of the late Alderman Gary Hendershot, the late Mayor Robert Keighan and the Canadian Veterans. Carried Unanimously R- 2005 -15 Chief Administrative Officer -Re: Proposed Facility Increases: Ice Rental, Rental Fees, Meeting Rooms, Public Skating and Special Events. The report recommends that Council approve the attached fees contained in Schedules 1 and 2. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that Council approve the attached fees contained in Schedules 1 and 2. The motion Carried with Alderman Pietrangelo opposed. -7- April 4. 2005 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 Kerrio, that the recommendations contained in each of the reports on the consent agenda be approved. F- 2005 -14, Municipal Accounts. That Council approve the municipal accounts totaling $16,137,812.08 for the period March 9, 2005 to March 22, 2005. L- 2005 -11, Permanenent Closing and Licence Agreement of Part of Frances Avenue for a Parking Lot for St. Gabriel Lalemant School. 1. That Staff be authorized to commence proceedings to permanently close a portion of Frances Street, known as Frances Ave, Plan 109 and Block A, Plan 109 Stamford "Frances Avenue shown hatched on Schedule "A" attached; 2. That Staff place a Notice of permanent closing of Frances Avenue in the Niagara Falls Review in accordance with By -law No. 2003 -02; 3. That Staff be authorized to enter into a long term Lease Agreement between Niagara Catholic District School Board "School Board and The Corporation of the City of Niagara Falls "City to permit the School Board to continue using Frances Avenue shown hatched on Schedule "A" attached to this Report as a parking lot, for nominal consideration. Alderman Pietrangelo conflict of interest. L- 2005 -17, Release of Restrictive Covenants Lot 13 Plan 160 Montrose Road (east side). That execution of an Application (General) and documents necessary for the purpose of releasing restrictive covenants registered against Lot 13 Plan 160 "subject lands are hereby approved and authorized. L- 2005 -15, Permanently Closing Laneway between Dyson Avenue and Muir Avenue. That Staff be authorized to commence proceedings to permanently close the laneway between Dyson Avenue and Muir Avenue being Lane Plan 997, lying between Dyson Avenue and Muir Avenue and Leader Lane and Ferguson Street, Niagara Falls, PIN 64326 -0060 "subject lands A copy of the subject land is shown hatched on Schedule "A" attached to this report. MW- 2005 -32, Contract 2005 -05, Full Depth Reclamation with Expanded Asphalt& Hot Mix. It is recommended that the unit prices submitted by the low tenderer Hard -Rock Construction Inc., be accepted. MW- 2005 -33, 2005 Asphalt Patching. It is recommended that the unit prices submitted by the low tender, Economy Paving Company Limited, be accepted. MW- 2005 -37, Boyer's Creek Drain Petition and Appointment of Engineer under the Drainage Act. In accordance with the Drainage Act the City's Consultant Policy, it is recommended that the City Council: 1. Accept the attached petition for the improvement of Boyer's Creek Drain, to be filed with the City Clerk in accordance with the Drainage Act in order to proceed with the improvement of the Drain and the Niagara Peninsula Conservation Authority and the Town of Fort Erie to be notified of the impending project. -8- April 4. 2005 Council Minutes 2. Appoint by by -law Kent Schachowskoj, P. Eng., of Wiebe Engineering Group Inc. In Welland, Ontario, as the Drainage Engineer for the Boyer's Drain Project. 3. Enter into a Consulting Services Agreement for the work required under the Drainage Act for the Boyer's Creek Drain Improvement Project with Wiebe Engineering Group Inc. from Welland, Ontario for the estimated cost of $49,969 including applicable taxes. Alderman Kerrio conflict of interest. MW- 2005 -38, Hunter's Drain- Drain Petition and Appointment of Engineer under the Drainage Act. In accordance with the Drainage Act and the City's Consultant Policy, it is recommended that the City Council: 1. Accept the attached petition for the improvement of the Hunter's Creek Drain, to be filed with the City Clerk in accordance with the Drainage Act in order to proceed with the improvement of the Drain and the Niagara Peninsula Conservation Authority to be notified of the impending project. 2. Appoint by by -law John Spriet, P.Eng., of Spriet Associates in London, Ontario, as the Drainage Engineer for the Hunter's Drain Project. 3. Enter into a Consulting Services Agreement for the work required under the Drainage Act for the Hunter's Drain Improvement Project with Spriet Associates from London, Ontario for the estimated cost of $34,700 not including applicable taxes. MW- 2005 -39, Water Distribution System Summary Report 2004. To receive and file. PD- 2005 -19, Provincial Secondary Land Use Project(PSLUP) Municipal Submission Package. It is recommended that Council: 1. Endorse the content of the attached Niagara Falls Municipal Submission Package on the Provincial Secondary Land Use Project; and 2. Authorize staff to forward the attached package, as well as other required background information, to Regional Niagara for their submission to the Ministry of Municipal Affairs Housing. PD- 2005 -20, 2004 Housing Monitoring Report. It is recommended that Council receive these four reports for information purposes. R- 2005 -17, Memorandum of Understanding with the Glengate Alliance Church -City Use of Sports Fields. That Council authorize staff to enter into an agreement with the Glengate Alliance Church. R- 2005 -19, Parks and Field Use 2005 Schedule. That the Schedules for Special Events and Regular Use of Parks, Athletic Fields and School Grounds be approved by City Council. BY -LAWS 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 -47 A by -law to amend By -law No. 79 -200, to permit an enlargement of an existing one family detached dwelling located in a HL zone. (4145 Main Street). -9- April 4 2005 Council Minutes 2005 -48 A by -law to establish Part 2 on Reference Plan 59R -12531 as a public highway, to be known as and to form part of Dunn Street. 200549 A by -law to establish Part 3 on Reference Plan 59R -12574 as a public highway, to be known as and to form part of Ellen Avenue. 2005 -50 A by -law to establish Part 1 on Reference Plan 59R -12574 as a public highway, to be known as and to form part of McGrail Avenue. 2005 -51 A by -law to authorize the execution of a Condominium Agreement with Antonio Sardella, being Part Block 40 Plan 1 Stamford being Part 1 on Reference Plan 59R- 12531. 2005 -52 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. 2005 -53 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stopping Prohibited, Taxi Stands) 2005 -54 A by -law to amend By -law No. 79 -200, to permit the construction of an apartment dwelling. (4085 Stanton Avenue) 2005 -55 A by -law to amend By -law No. 79 -200, to establish regulations for a hotel on the easterly portion of the land and commercial development exclusive of a hotel or motel on the westerly portion of the land. (AM- 42/2004, Grisafi, SW corner of McLeod Rd. Alex Ave.) (HANDOUT). 2005 -56 A by -law to authorize the payment of $16,137,812.08 for General Purposes. 2005 -57 A by -lawto adopt, ratify and confirm the actions of City Council at its meeting held on the 4' day of April, 2005. The motion Carried with Aldermen Morocco, Campbell and Wing declaring conflicts of interest on By -law No. 2005 -56. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati, that the By -laws be now read a second and third time: 2005 -47 A by -law to amend By -law No. 79 -200, to permit an enlargement of an existing one family detached dwelling located in a HL zone. (4145 Main Street). 2005 -48 A by -law to establish Part 2 on Reference Plan 59R -12531 as a public highway, to be known as and to form part of Dunn Street. 200549 A by -law to establish Part 3 on Reference Plan 59R -12574 as a public highway, to be known as and to form part of Ellen Avenue. 2005 -50 A by -law to establish Part 1 on Reference Plan 59R -12574 as a public highway, to be known as and to form part of McGrail Avenue. 2005 -51 A by -law to authorize the execution of a Condominium Agreement with Antonio Sardella, being Part Block 40 Plan 1 Stamford being Part 1 on Reference Plan 59R- 12531. 2005 -52 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. T -10- 2005 -53 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stopping Prohibited, Taxi Stands) 2005 -54 A by -law to amend By -law No. 79 -200, to permit the construction of an apartment dwelling. (4085 Stanton Avenue) 2005 -55 A by -law to amend By -law No. 79 -200, to establish regulations for a hotel on the easterly portion of the land and commercial development exclusive of a hotel or motel on the westerly portion of the land. (AM- 42/2004, Grisafi, SW corner of McLeod Rd. Alex Ave.) (HANDOUT). 2005 -56 A by -law to authorize the payment of $16,137,812.08 for General Purposes. 2005 -57 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 4'" day of April, 2005. The motion Carried with Aldermen Morocco, Campbell and Wing declaring conflicts of interest on By -law No. 2005 -56. Snow Ploughing Peter Kormos Humane Society Casino Contract NEW BUSINESS His Worship Mayor Salci commented on the winter storm which occurred on the weekend and the many complaints he received regarding ploughing. The Director of Municipal Works indicated that the forecast for the weekend hadn't indicated that there would be so much snow and for such a long period of time. The snow that fell mixed with rain making it very heavy. As a result some equipment broke down. Also, staff has to be cognizant of driver limits. His Worship Mayor Salci advised Council he has asked Peter Kormos, M.P.P. for an apology for his comments about prostitution in Niagara Falls. Alderman Morocco advised the Niagara Falls Humane Society will be having a 5 km Wiggle Waggle Walk -a -thon, May 1, 2005 on the Chippawa Parkway. Alderman Volpatti expressed her opinion that the relationship between the OLGC and FMC is, in essence, a public private partnership; therefore, the contract between the two parties should be available to the public. April 4, 2005 Council Minutes READ AND ADOPTED, April 4, 2005 Council Minutes ORDERED on the motion of Alderman loannoni, seconded by Alderman Morocco, that the meeting be adjourned at 10:25 p.m. Carried Unanimously DEAN IOFtPIDA, ITY CLERK R. T. (TED) SALCI, MAYOR