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2005/10/17Communities in Bloom TWENTIETH MEETING IN CAMERA SESSION Council met on Monday, October 17, 2005 at 6:00 p.m. in an In Camera Session. All members of Council were pre sent. Alderman Morocco presided as Chairman. Following consideration of the items presented, the In Camera Session rose to report in open session. DEAN IORFt'DA, CITY CLERK R. (TED) SALCI, MAYOR REGULAR COUNCIL MEETING Council met on Monday, October 17, 2005 at 7:00 p.m. for the purpose of considering Regular /Planning Business matters. All members of Council were present. Alderman Joyce Morocco offered the Opening Prayer. ADOPTION OF MINUTES t ORDERED on the motion of Alderman Morocco, seconded by Alderman Pietrangelo, that the minutes of October 3, 2005 be approved, as amended. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Committee Room 2 October 17, 2005 Council Chambers October 17, 2005 Alderman Morocco indicated a pecuniary interest to report PD- 2005 -79, the property in question abuts her backyard. Alderman Wing indicated a pecuniary interest to report F- 2005 -47 the section pertaining to the Niagara Parks Commission. She owns property with a Niagara Parks Commission Employee. DEPUTATIONS /PRESENTATIONS Fran Berry of the Park In the City Committee made a brief presentation and informed Council that a local committee has been set up to look into participation in the National Competition "Winter Lights" which will give the City the opportunity to showcase winter activities, celebrations and visual decorations. 2 October 17, 2005 The Winter Lights Celebration Committee will also include the lighting of City Hall Centennial Square in it's submission to the judges and with the support of Niagara Falls Hydro the City Hall Christmas tree will be illuminated in energy saving lights. A sample box of these new lights was handed out to the Members of Council. Dino Fazio, General Manager of the Winter Festival of Lights was also present. Environment Awards 2005 Mayor Salci, Alderman Volpatti and members of the Park In The City Committee presented a plaque to Michael Vincent Cuviello who was presented with the Environment Award for 2005. Jean Grandoni was not able to make the meeting to accept the Environment Award for the late Peter Grandoni. Judy LaMarsh Tribute Pam Walker made a brief presentation to Council, she advised that notable Niagara Falls native Judy LaMarsh passed away 25 years ago this month. There will be a public tribute featuring "Judy Stories and memories" at the Niagara Falls Public Library on Wednesday October 26, 2005 at 7:00 p.m in the LaMarsh Room. Women's Place of South Niagara Tamara Coleman- Lawrie and Mr. Tom Snodgrass made a brief presentation to Council regarding the kick off of "Week Without Violence a Canadian wide initiative for violence prevention. An overview of planned activities was provided and Council was thanked for their support of the agency and the Nova House shelter. ORDERED on the motion of Alderman Morocco, seconded by Alderman Campbell to recognize October 16' October 22n 2005 as "Week Without Violence Carried Unanimously Fire Fighter Volunteer Efforts Marc Coons, Captain Fire Suppression outlined volunteer efforts by local firefighters during disasters such as Hurricane Ivan in Grenada and Hurricane Katrina in the southern United States. On November 6, 2005 a group of our local firefighters will be heading to the southern States to help bring hope and rebuild homes. Mr. Coons introduced eight fire fighters that would be going. A special thanks was given to Fred Costabile, a local businessman who has offered financial support for each member of this team to go to the Gulf Coast. Heritage Master Plan Carl Bray of Carl Bray Associates gave a brief overview of the finding and recommendations contained in the Heritage Master Plan. A Heritage Master Plan guides the Conservation activity throughout the municipality: staff, volunteers, and private sector activities. The two main goals are to revitalize the local community and find new means of economic development through heritage. Mr. Bray asked that the report be adopted in principle. ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni to receive the report. Carried Unanimously 3 October 17, 2005 PLANNING MATTERS PD- 2005 -79 Chief Administrative Officer: Re: Official Plan Zoning By -law Amendment Application; AM- 23/2005, Southwest corner of McLeod Road and Alex Avenue. Applicant: TAGC Holdings (Carmen Grisafi), Agent: Michael Allen, Architect. The report recommends that Council approve the application to amend the Zoning By -law to adjust the zone boundary between the hotel and a commercial boundary as outlined in this report. The Clerk advised that a public meeting is now being convened to consider a proposed amendment to the City's Official Plan and Zoning by -law to approve the application to amend the Zoning By -law to adjust the zone boundary between the hotel and commercial boundary. He advised that Notice was given by First class mail, in accordance with the Planning Act on Friday, September 16, 2005 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 reviewed the recommendations and provided the following information: Planning Analysis Background Earlier this year, Council approved an Official Plan amendment and Zoning By -law amendment to permit a 4 storey hotel and a commercial plaza on a 5 acre parcel of land located at the south -west corner of McLeod Road and Alex Avenue. The applicant is now proposing to subdivide the land into two nearly equal parcels, necessitating a shift in the zone boundaries between the two uses. The requested shift in the zoning boundary is technical in nature, resulting in more logical division of properties and separation of future land uses. The proposed adjustment to the zone boundaries is supported for the following reason: Boundary adjustment does not change the intent of Council's original approval. The hotel site is slightly larger and the plaza site is slightly smaller; The adjustment will not change the location of the buildings The plaza will be downsized to reflect a smaller parking area; Landscaping is not impacted; Generous buffering will be maintained along the residential interface. Recommendation It is recommended that Council approve the application to amend the Zoning By -law to adjust the zone boundary between the hotel and commercial boundary as outlined in this report. Michael Allen, agent for the applicant, stated that this is a very simple application and staff has recommended it be approved. He indicated that a meeting had been scheduled with nearby residents to explain what the application was about. The client had hand delivered the notices of a meeting, he didn't understand why some people did not receive them. Mr. Allen indicated that the change meant more parking and that there would not be a pool as Motel 6's do not have pools in their design. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo that Council approve the report as recommended. Carried Unanimously 4 October 17, 2005 MISCELLANEOUS PLANNING MATTERS PD- 2005 -82 Chief Administrative Officer Use of Holding Provisions in Zoning By- laws. The report recommends that Council receive and file this report for information purposes. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni to approve the report as recommended. Carried Unanimously PD- 2005 -81- Chief Administrative Officer Niagara Falls Sports Plex Inc. Status of Outstanding Site Work required by the Site Plan Agreement. The report recommends that Council receive this report for information purposes. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio to receive this report for information purposes. Carried Unanimously with Alderman Diodati declaring a conflict as the property owner is his landlord. PLANNING MATTER COMMUNICATION Pastor Myles Holmes indicated that he wanted to address Council about statements made at the rezoning application and to request Council to reconsider their decision of August 29 2005. He believes the good name of the church was slandered at a previous Council meeting and asked that it be retracted. Pastor Holmes pointed out the cost and time associated if an appeal to the O.M.B. was pursued. It was explained by staff that if a motion for reconsideration was approved, re- notification under the Planning Act was necessary, therefore, the actual application would return at a later date. ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti to approve the reconsideration of report PD- 2005 -68. Motion Carried with Alderman Morocco, loannoni and Wing opposed. MAYOR'S REPORTS, ANNOUNCEMENT Mayor Salci advised that letters of condolence had been forwarded to the family of the late Paul Sentineal, a local businessman, and to the family of the late Earl Southon a former City Employee. Mayor Salci indicated that AMO Countries and Regions is being hosted by the Region of Niagara and will take place this week at the Sheraton Fallsview Hotel Conference Centre. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Resolution Town of Fort Erie in regards to the resolution passed by the Town of Fort Erie about the US Government Passport Initiative. AND Office of the Regional Clerk Resolution passed by the Region of Niagara regarding Security of the Border, Documents Required for Travel. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Alderman Morocco, seconded by Alderman Wing to support the resolution about the US Government Passport Initiative. Carried Unanimously 2. National Students Against Impaired Driving Day requesting that the City proclaim October 18, 2005 as "National Students Against Impaired Driving Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Alderman Morocco, seconded by Alderman Diodati that the communication be approved as recommended. Carried Unanimously 3. Hand Writing Analysis Day requesting that Saturday, October 29 2005 be proclaimed as "Hand Writing Analysis Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 5 October 17, 2005 ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati that the communication be approved as recommended. Carried Unanimously REPORTS 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. Carried Unanimously 1. That the minutes of the August 29, 2005 meeting be approved. 2. That the Service Delivery Review template that has been developed be approved. 3. That the Winter Maintenance Review be received and filed and that eight seasonal positions be made permanent. 4. That the control measures for rural intersections as outlined in report MW -2005 -114 be approved 5. That City Council engage the services of Upper Canada Consultants Ltd. to provide technical engineering services for the Warren Creek Watershed Masterplan. 6. That Sentineal Carriages Inc. be permitted to continue its horse -drawn carriage service in the Fallsview area. 7. That the City of Niagara Falls increase its staff complement by one full -time Project Manager. 8. That the August 31, 2005 Basement Flooding Follow -up report be received and filed and mailed to the residents. 9. That the MacBain Community Centre Service Report be received for the information of Council. 10. That Council approve the rental fee rates for multipurpose rooms under the control and responsibility of the City in the MacBain Community Centre. 11. That the 2004 Consolidated Financial Statements be received for the information of Council. 6 October 17, 2005 12. That staff investigate improvements to the intersection of Victoria Avenue and Centre /Clifton Hill. RATIFICATION OF "IN CAMERA" ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell that the "In Camera" action, earlier this evening be approved. The report recommends that staff be authorized to retain Borden, Ladner, Gervais as legal counsel for the assessment appeals on the two casino properties. Carried Unanimously ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo that a letter be sent to Premier McGuinty by the Mayor's Office regarding the above casino issue. 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. F- 2005 -47, Cancellation, Reduction or Refund of Taxes Under Section 357 of the Municipal Act. It is recommended that the cancellation, reduction or refund of taxes on the various accounts per attached summary be approved and granted to the property owners listed. L- 2005 -40, Niagara Falls Hydro Annual Resolutiondt is recommended that the Mayor, being the shareholder's representative of Niagara Falls Hydro Holding Corporation, Niagara Falls Hydro Inc. and Niagara Falls Hydro Services Inc., be authorized to execute the Annual Resolutions of these three Corporations for the year ended December 31, 2004, as set out in Appendices 1, 2 and 3. MW- 2005 -119, Tender No. T12 -2005 New Equipment Purchasdtis recommended that Tenders for the purchase of New Equipment be awarded to the following bidders: 1) David Chevrolet Corvette Ltd., Welland, Ontario for Section 2 One (1) 10,000 GVW Single Axle Truck with Dual Wheels, Crew Cab Contractors Dump Box Hoist in the amount of $57,491.95; 2) Archer Truck Service Ltd., St. Catharines, Ontario for Section 3 One (1) Truck, Cab Chassis 6.0 CY Minimum Dump Body- Spreader All- Season Combination Equipped with Power Operated Snowplow Wing in the amount of $191,242.19; and 3) Archer Truck Service Ltd., St. Catharines, Ontario for Section 4 One (1) 60,000 GVRW Tandem Truck with Dump Body- Spreader All- Season Combination Equipped with Power Operated Snowplow and Wing in the amount of $249,030.88. R- 2005 -52, 2005 Sports Wall of Fame Inductees It is recommended that Council approve the 2005 Sports Wall of Fame Inductees for the January 15, 2006 Induction Ceremony. R- 2005 -53, Ontario Heritage Foundation Awardt is recommended that Council approve the nomination selected by the Arts Culture Committee for the Heritage Community Recognition Program and that the nomination be forwarded to the Ontario Heritage Foundation. ORDERED on the motion of Alderman Diodati, seconded by Alderman Pietrangelo that the recommendations in the Consent Agenda be approved. Carried Unanimously with Alderman Wing declaring a conflict on F- 2005 -47 as it pertains to the Niagara Parks Commission. 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 given a first reading. Carried Unanimously 2005 -174 2005 -175 7 October 17, 2005 BY -LAWS A by -law to amend By -law No. 79 -200, to permit a cottage rental dwelling. A by -law to amend By -law No. 79 -200, to permit a new car agency on the property. 2005 -176 A by -law to authorize the execution of a License Agreement with Fallsview Golf Inc. respecting the use of certain space for an advertising display sign on the western and eastern facades of the former CP railway bridge spanning Marineland Parkway, in the City of Niagara Falls. 2005 -177 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 17 day of October, 2005. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati that the by -laws be read a second and third time and passed. Carried Unanimously NEW BUSINESS Downtown Business Improvement Area Association Alderman loannoni inquired as to why the Mayor's Executive Office Coordinator attended an October 6 meeting of the Downtown BIA on the Mayor's behalf. Alderman loannoni gave the opinion that since the Mayor is on the B.I.A. as an elected official if he was unable to attend meeting, another member of Council should be contacted to go in his place. ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing that no employees are to attend board meetings on behalf of elected representatives. Carried Unanimously. Bill 209 Amendment to the Highway Traffic Act ORDERED on the motion of Alderman Diodati, seconded by Alderman Pietrangelo that the amendment to Bill 209 contained in the Council information package be supported. Carried Unanimously ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that the meeting be adjourned at 8:55 p.m. 8 October 17, 2005 Carried Unanimously MAYOR R.T. (TED) SALCI