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2003/08/11Council met on Monday, August 11, 2003 at 5:50 p.m. in Committee -of- the Whole. All members of Council were present. Alderman Wayne Campbell presided as Chairman. Following consideration of the items presented, the Committee -of- the -Whole did not rise to report in open session. READ AND ADOPTED, DEAN IOR DA, ITY CLERK WAYNE THOMSON, MAYOR Council met on Monday, August 11, 2003 at 6:10 for the purpose of considering Planning /Regular business. All members of Council, were present. Alderman Judy Orr offered the Opening Prayer. National Anthem SIXTEENTH MEETING PLANNING MEETING PLANNING MEETING Committee Room #2 August 11, 2003 Council Chambers August 11, 2003 Prior to dealing with further Council matters, Ms. Lisa Bedore, a 13 -year old graduate from Sacred Heart School sang 0 Canada. DISCLOSURES OF PECUNIARY INTERESTS Alderman Campbell indicated a pecuniary interest on Report R- 2003 -55, from the Community Services Committee and on Report F- 2003 -38, Cheque No. 277101 because the District School Board of Niagara is his employer. Alderman Craitor indicated a pecuniary interest on Report F- 2003 -38, Cheque Nos. 277168; 277169; 277170; 277307; 277308; 277309; 277310; 277469; 277470; 277471 and 277472 because a member of his family is employed by the Region. Alderman Federow indicated a pecuniary interest on Report F- 2003 -38, Cheque No. 277146 and on By -law No. 2003 -142 because a member of his family is employed by the Niagara Catholic District School Board; and on Cheque Nos. 277148; 277445 and 277446 because he has an ongoing conflict with the Niagara Falls Humane Society. Alderman Feren indicated a potential conflict of interest on Report MW- 2003 -149, from the Community Services Committee meeting. Aldemian Orr indicated a conflict of interest on Report Nos. MW- 2003 -146 and MW- 2003 -149, from Community Services Committee meeting because the Casino is her employer. Alderman Pietrangelo indicated a pecuniary interest on Report F- 2003 -38, Cheque No. 277146 and on By -law No. 2003 -142 and on Report No. 2003 -138 from Community Services Committee meeting because the Niagara Catholic School Board is his employer. Alderman Volpatti indicated conflicts of interest on Report MW- 2003 -141 because a family member is employed by Vincor International; on Report PD- 2003 -73 and on Report F- 2003 -38, Cheque Nos. 277593 because a family member has a contractual relationship with the applicant; and on Cheque No. 277363 because the recipient is a family member. Alderman Wing indicated a pecuniary interest on Report F- 2003 -38, Cheque No.277074, because the recipient is her employer; and on Report PD- 2003 -73, and Communication No. 184, because she owns property with a Niagara Parks employee. PRESENTATIONS Ontario Great Lakes Renewal Foundation -2- Mr. Peter Partington, President and CEO and Mr. Don Robinson, Q.C. and Vice President, Ontario Great Lakes Renewal Foundation, presented the City of Niagara Falls with a cheque in the amount of $350,000 in support of the Niagara Falls Combined Sewer Overflow (CSO) Treatment Study. Mr. Partington advised that the grant had been made available through the Minister of the Environment as part of the delivery of the Canada Ontario Agreement respecting the Great Lakes Basin Ecosystem and commended Mr. David Watt for his initiative. -AND Report MW- 2003 -136 Chief Administrative Officer Re: Ontario Great Lakes Renewal Foundation Funding. The report recommends that this report be received and filed and that City staff be authorized to initiate this project. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary-Pool that the report be received and adopted. Carried Unanimously. Following the presentation, it was ORDERED on the motion of Alderman Feren, seconded by Alderman Fisher, that a letter of appreciation be forwarded to Mr. David Watt, Manager of Infrastructure, for his initiative in making it possible for the Municipality to receive these funds. Carried Unanimously. August 11.2003 Council Minutes Municipal Senior of the Year His Worship Mayor Thomson, congratulated and presented a Provincial certificate for Municipal Senior of the Year to Ray and Helen Hudson, in recognition of enriching the social, cultural or civic life of the community. Special Olympians August 11.2003 Council Minutes His Worship Mayor Thomson recognized and congratulated Jason MacLean and Kim Mark, for their Gold and Silver medal wins at the Special Olympics 2003 World Summer Games in Ireland. Volunteerism His Worship Mayor Thomson recognized Ms. Janice McAlpine for her many years of volunteer service in the community and expressed best wishes in her new endeavours. PLANNING MATTERS PD- 2003 -71 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 21/2003, 4841 Simcoe Street; Owner: Douglas and barbara Peck; Proposed Bed Breakfast Accommodation. The report recommends that Council approve the requested Zoning By -law amendment application to permit an existing single detached dwelling at 4841 Simcoe Street to be used as a tourist home (bed and breakfast accommodations) containing no more than three bedrooms for tourists. -AND Communication No. 159 Regional Niagara, Planning and Development Department. The communication advises as not being opposed to the proposed zoning by -law amendment. Act. His Worship Mayor Thomson read the procedure to be followed under the Planning The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by prepaid First Class mail on July 11, 2003. His Worship Mayor Thomson received indication that Mr. Chris Cristelli, was in attendance on behalf of the applicant and received a negative response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson 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. -4- August 11, 2003 Council Minutes The Director of Planning and Development discussed the subject property with the assistance of posted sketches, reviewed the surrounding land uses; the planning review and advised that the applicant had requested site specific provisions to be added to the R2 zoning to permit a three -room bed and breakfast; he indicated that no changes were proposed to the existing development standards and setbacks and the site would continue to conform with the intent of the existing zoning and stated that the requested amendment could be supported as the proposal was within the intent and purpose of the Official Plan respecting bed and breakfast accommodations and staff were recommending approval. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a negative response in opposition to the application. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 21/2003 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the correspondence be received and filed. Carried Unanimously. PD- 2003 -72 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 26/2003, 8123 Young Road; Owner: John and Carrie Bouw; Proposed Restriction to Agricultural Uses. The report recommends that Council approve the zoning by -law amendment application to preclude a single detached swelling from being constructed on the land. -AND Communication No. 160 Regional Municipality of Niagara, Planning and Development Department. The communication advises as not being opposed to the approval of the proposed Zoning By -law amendment from either a Regional or Provincial planning perspective. Act. His Worship Mayor Thomson read the procedure to be followed under the Planning The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by prepaid First Class mail on July 11, 2003. His Worship Mayor Thomson received indication that Mr. Brian Sinclair, Solicitor, was in attendance on behalf of the applicant and received a negative response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson 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 Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a negative response in opposition to the application. -5- August 11, 2003 Council Minutes Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to AM- 26/2003 closed. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the correspondence be received and filed. Carried Unanimously. PD- 2003 -74 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 27/2003, 5629 Slater Avenue; Applicant: Rosa Garofalo; Agent: Tony Garofalo; Proposed Concrete Contractor's Shop. The report recommends the following: 1. That Council approve the requested Zoning By -law amendment application to establish a concrete contractor's shop within the existing building at 5629 Slater Avenue, 2. That the amending by -law include a provision to prohibit the outside storage of construction materials. -AND Communication No. 161 Regional Niagara, Planning Development Department. The communication provides comments on the proposed application. Act. His Worship Mayor Thomson read the procedure to be followed under the Planning The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by prepaid First Class mail on July 11, 2003. His Worship Mayor Thomson received indication that Mr. Tony Garofalo, was in attendance on behalf of the applicant and received a negative response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson 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. The Director of Planning and Development discussed the subject property with the assistance of posted sketches, reviewed the surrounding land uses; the planning analysis; indicated that the property has been improved and vehicles would be stored within a fenced compound and that staff were recommending approval. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a negative response in opposition to the application. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 27/2003 closed. ORDERED on the motion of Alderman Craitor, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. -6- and, as an alternative to the foregoing recommendations: August 11, 2003 Council Minutes ORDERED on the motion of Alderman Craitor, seconded by Alderman Feren, that the correspondence be received and filed. Carried Unanimously. PD- 2003 -73 Chief Administrative Officer Re: Official Plan Zoning By -law Amendment Applications; AM- 20/2003, Lands on the West Side of Ailanthus Avenue; Applicant: Niagara 21s Group Inc., Agent: Italia Gilberti, Solicitor; Proposed Parking Lot. The report recommends the following: 1. That Council maintain its planning program of requiring tourist commercial developments and their required parking facilities to be located within the City's Tourist commercial Districts in order to ensure that tourism development does not infiltrate residential areas and adversely affect the quality of life enjoyed by residents; 2. That Council deny the application to amend the City's Official Plan and Zoning By- law proposing to utilize residential lands for tourist commercial and employee parking purposes due to the precedent setting nature of the proposal and its departure from good land use planning principles; 3. That Council defer the application until the growing issue of "off -site parking" is addressed comprehensively through the City's Tourism Policy Review, which is currently underway, and policies are adopted by Council to guide the consideration of these proposals. AND Communication No. 162 Edward P. Lustig, Director People Mover Project. The communication provides comments and information with respect to the People Mover project. AND Communication No. 163 Municipal Works, Inter Departmental Memorandum, Manager of Construction. The communication addresses issues such as infiltration of Commercial Traffic into Residential Areas; Control and Enforcement of Hotel Parking Operations and Development Charge Revenues. -AND Communication No. 164 BLS Planning Associates Planning Report. The communication states that at the request of the Niagara 21S Group Inc., a report was prepared to support of an application to amend the City of Niagara Falls Official Plan and Zoning By -law to facilitate the development of a satellite parking lot; an ancillary security/employee centre and 14 single detached dwellings on lands currently designated Residential. AND Communication No. 165 Ministry of the Environment. The communication comments on the two modeling reports by Canadian Ortech for carbon monoxide and the Ministry's emission assessment, dated July 2003 regarding the proposed parking facility. AND Communication No. 166a) Signed by Dawn Damiano; Joan Schweitzer and Ben Schweitzer. The communication advises that the residents committee for Ailanthus Ave. /Sunnylea Crescent will not be opposing the application. -7- August 11, 2003 Council Minutes AND Communication No. 166b) Residents committee for Ailanthus Ave. /Sunnylea Crescent. The communication advises that the committee requires further information on certain issues. -AND Communication No. 167 Linda Burke William Benson. The communication advises as being in favour of the proposed parking lot. AND Communication No. 168 Canadian Ortech Environmental. The communication provides comments with respect to modelling odour emissions as volume sources; emission rates; downwash effect due to the noise barrier. AND Communication No. 169 Garnet Susan Shaw. The communication advises as being in support of the application. AND Communication No. 170 George Robert (Bob) Winder. The communication expresses concerns that the lights from the proposed parking lot will spillover into neighbouring yards. AND Communication No. 171 Radisson, Panoramic Hospitality Inc. The communication advises as being opposed to the proposed application. AND Communication No. 172 Ms. Betty Murty. The communication advises as being in favour of the proposed parking lot. AND Communication No. 173 Turkstra Mazza, on behalf of Helias Enterprises Ltd. The communication advises as being opposed to the proposed application. AND Communication No. 174 Tony Zappitelli, President, Sheraton Fallsview. The communication advises as objecting to Parcel 8 being included in the application for future parking. AND Communication No. 175 Deputy Director of Planning Development. The communication advises that the lands described as Parcel 8 are part of the site plan for the Marriott Hotel as the south driveway entrance for servicing crosses over these land and because the site plan involves lands zoned for the hotel for which application AM- 20/2003 intends to link off -site parking to the Ailanthus Street property, the rezoning application also includes Parcel 8. AND Communication No. 176- Niagara Catholic District School Board. The communication provides comments with respect to the decorative noise attenuation barrier and foot access through the park to the school and linking communities for pedestrian traffic. AND Communication No. 177 Mr. Mike Beaupit. The communication advises as being in support of the application. Act. -8- August 11. 2003 Council Minutes -AND Communication No. 178 Niagara 21" Group Inc. Document Brief on the proposed application. His Worship Mayor Thomson read the procedure to be followed under the Planning The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by advertising in the Niagara Falls Review on July 12, 2003 and by prepaid First Class mail on July 11, 2003. His Worship Mayor Thomson received indication that Ms. Italia Gilberti, Solicitor, was in attendance on behalf of the applicant and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson 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. The Director of Planning and Development discussed the subject property with the assistance of posted sketches, advised that the applicant has requested the establishment of a phased 20 -acre tourist commercial parking lot accommodating 1360 -1,650 parking spaces in order to accommodate both patron and employee parking for their hotels and restaurants located in the Central Tourist District; He referred to the City's Official Plan which contains policies with respect to assessment criteria and reviewed the seven (7) criteria required as to compliance of the proposed application; he advised that the intent of the policies in the Official Plan was to ensure pleasant living conditions and the enjoyment of a high quality of life in residential neighbourhoods and that to propose a parking lot on residential land was inappropriate and made reference to the recommendations in the Recommendation Report. There was a positive response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a positive response in opposition to the application. Ms. Dawn Damiano, 6682 Ailanthus Avenue, who was in attendance on behalf of the residents on Ailanthus Avenue and Sunnylea Crescent, expressed the view that residential and commercial interests can co -exist harmoniously; she indicated as being in favour of Recommendation #1 and disagreed with Recommendation #2 of the staff report; she further advised that the residents were in favour of the proposed application, with the potential of acquiring a small park in the area and requested that Council consider accepting the application for approval. The Director of Municipal Works responded to concerns regarding the issue of licencing approval and maintenance of parking lots in the City. Mr. Mike Daniels, 6713 Ailanthus Avenue, advised as being in favour of the application and stated that it might be in the City's best interests to have a park for the young, seniors and infirmed, regardless of any development in the area. He also requested further information on the funding of the park development. The Manager of Community Development Landscape Design provided a brief outline of the process for park development. -9- August 11, 2003 Council Minutes The Chief Administrative Officer commented that the proposal that was being put forward referred to three different sources of revenue, and that if there was a partnership and a commitment made to the park, the balance of the funds could come from the Parks Development fund. Mr. Cosmo Chiovitti, on behalf of his father who resides at 5882 Dunn Street, expressed environmental concerns with regard to odour emissions from vehicles and bus traffic; and noise issues due to idling trucks. Mr. Hans Kloppburg, 6806 Toby Crescent, expressed his opposition to the application and was of the opinion that parking should not be permitted in this residential area. Ms. Janet Morettie, 6085 Toby Crescent, advised she was not opposed to development, but expressed concerns of the impact this proposed parking lot would have on the residents in the area; many of which had invested substantially in their homes and how this parking lot would effect the resale value of their homes; she referred to the environmental and the visual impact of the proposed wall to the residents and requested that Council reject the application. Ms Italia Gilberti, provided an overview of the proposed application; advised of her client's disagreement with staff's recommendation report; she referred to the "uniqueness" of the application; she referred to the various planning, traffic and noise studies that had been conducted; reviewed the list of commitments submitted by her client and stated that the applicant would provide a cash payment for park development in lieu of parkland dedication, if the application was approved; she submitted a petition of support by the Niagara 21s Group Inc. employees for the proposed parking lot. Ms. Gilberti reiterated the "uniqueness" of the application from the intended use of the lands by the proponent; the completion of the recreational requirements by the community and the consideration of the individual needs of the residents; she further indicated that there was no negative impact on the residential area and requested that Council grant approval of the application. Mr. Thorndike, Engineer, Canadian Ortech Environmental provided clarification on the odour studies that had been conducted. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 20/2003 closed. ORDERED on the motion of Alderman Orr, seconded by Alderman Feren, that the application be approved. The motion Carried with Alderman Feren voting contrary to the motion and Aldermen Volpatti and Wing abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that the correspondence be received and filed. Carried Unanimously. Following some discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Pietrangelo, that the correspondence received from Mr. George Robert Winder regarding the installation of an Astronomical Observatory at the new Community Centre be referred to the Library. Carried Unanimously. PD- 2003 -69 Chief Administrative Officer Re: Cash -In -Lieu of Providing Parking Agreement between the Corporation of the City of Niagara Falls and the Operators of the Second Floor Zombie Zoo Restaurant; 1397837 Ontario Inc., o/a Zombie Zoo, Property Municipality known as 5026 Centre Street. The report recommends that Council not enter into a cash -in -lieu agreement with 1397837 Ontario Inc. -10- -AND Communication No. 179 Mr. Rocco Vacca, Sullivan Mahoney, Solicitors. The communication provides information with respect to the provisions as previously amended and ratified by Council. Mr. Rocco Vacca provided a background history of the proposal, and advised of a significant amount of money having been spent to develop a proposed restaurant/lounge and of having committed to a long -term lease at a substantial annual rent; he indicated that this was not a destination restaurant or attraction, with the majority of patrons being pedestrian traffic and that the required 54 parking spaces for this use were excessive; he reviewed the City's cash -in -lieu policy and advised that the proposal complied with the City's current cash -in -lieu policy and recognized the predicament of tenants entering into a cash -in -lieu of parking agreement with the City where the landlord did not wish to have the agreement registered on title, but gained a winfall from payments made by the tenant. He stated that the intent of the policy regarding monies paid were to be used by the City to acquire lands and construct parking spaces equivalent to the number of spaces required; indicated that the client owns property in the area and intended to pursue an application for off -site parking without delay; that any monies which may be paid out, should be refunded in full, if parking spaces are provided in year 1 and to be refunded partially, for each year, thereafter, of the 5 -year life of the agreement. Following some discussion, the Chief Administrative Officer suggested that a parking demand study be conducted and advised that staff would be willing to work with the proponents to come up with a satisfactory solution to the matter. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisheri, that the matter be referred to staff. Carried Unanimously. PD- 2003 -75 Chief Administrative Officer Re: Request for Extension to Draft Plan Approval; Chippawa West Phase II, File: 26T- 94009; Owner: Queensway Chippawa Properties Inc. The report recommends that Council support a one -year extension to draft plan approval for the Chippawa West Phase II Plan of Subdivision, conditional on the applicant maintaining the appropriate subdivision sign on the property for public information purposes. ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool, that the report be received and adopted. Carried Unanimously. REGULAR COUNCIL ADOPTION OF MINUTES MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS August 11, 2003 Council Minutes ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the Planning /Regular Minutes of July 14, 2003 be adopted as printed. Carried Unanimously. Chippawa Public Boat Ramp and Docking Area Mayor Thomson referred to correspondence received from the Chippawa Dock Owners' Association regarding an expansion to the Chippawa Public Boat Ramp and Docking Area and requesting consideration of the matter. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the matter be referred to budget discussions. Carried Unanimously. COMMUNICATIONS August 11, 2003 Council Minutes Communication No. 180a) Niagara Falls Aviary Re: Placement of banners. The communication requests that consideration be given to permit the Niagara Falls Aviary to place banners on light poles AND Communication No. 180b) Memorandum from the Manager of Engineering Services. The communication advises that staff are reviewing a procedure for the hanging of private banners off of City streetlight poles. ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that the matter be referred to staff. Carried Unanimously. Communication No. 181 Mr. Willie Tracey Re: Boards, Committees. The communication requests information on which Council members sit on what Boards; their attendance on these Boards and their remuneration to sit on these Boards. ORDERED on the motion of Alderman Fisher, seconded by Alderman Campbell, that a report be brought back to Council on the matter. Carried Unanimously. Communication No. 182 Mr. Willie Tracey Re: Beautification of City. The communication provides comments and suggestions on how to beautify certain areas in the City of Niagara Falls. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the matter be referred to the Environmental Planning Greening Committee for comments. Carried Unanimously. Communication No. 183 Mr. Mrs. Mark Newman Re: Unreasonable Noise Disturbances. The communication expresses concerns regarding the unreasonable and excessive noise that is emanating from the Tropix Chill Grill establishment on Lundy's Lane and suggesting to restrict the volume levels from radiating beyond a 100 -foot radius of any outdoor patio in the City. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the matter be referred to staff. Carried Unanimously. Communication No. 184 The Bigga Tomatafest Re: Proclamation. The communication requests that Council proclaim the week of August 11 -17, 2003 as "Bigga Tomatafest" in the City of Niagara Falls. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the request be supported. The motion Carried with Alderman Wing abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. Communication No. 185 Regional Niagara, Public Health Department Re: Proclamation. The communication requests that Council proclaim September 9, 2003 as "Fetal Alcohol Syndrome Awareness Day ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the request be supported. Carried Unanimously. Communication No. 186 The Arthritis Society Re: Proclamation. The communication requests that Council proclaim the month of September, 2003 as "National Arthritis Month" and requesting that a flag raising ceremony be held at City Hall on Wednesday, September 3, 2003 at 11:30 a.m. and that the flag remain displayed for the entire month of September. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the requests be supported. Carried Unanimously. -12- August 11.2003 Council Minutes Communication No. 187 Art By the Falls Re: Resolution. The communication requests that Council designate the Rotary Club of Niagara Falls Sunrise "Art by the Falls" Art and Craft Show, being held on September 12 13 and 14t 2003 as a "Community Festival ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the request be supported. Carried Unanimously. Sewage Backup and Basement Floods See Resolution No. 21 Communication No. 188a) Correspondence from the residents of Second Avenue Re: Basement Flooding. The communication expresses concerns regarding basement flooding in the area of Bridge and Hamilton Streets on August 5, 2003; AND Communication No. 188b) Correspondence from Mr. And Mrs. M. Sonier, 4329 Sixth Avenue Re: Sewer backup. The communication expresses concerns with regard to the sewage backup during the recent August 5, 2003 downpour; AND Communication No. 188c) Correspondence from Mr. Mrs. G. Byng, 4338 Sixth Avenue Re: Sewer backup. The communication expresses concerns with regard to the sewer backup during the recent August 5,2003 downpour. AND Communication No. 188d) Correspondence from Marcel Lauzon and Normandie Lauzon, 4441 Second Avenue. The communication advises as having suffered water damage on August 5, 2003 as a result of sewer backup, during the recent rainstorm. AND Communication No. 188e) Correspondence from Andy Chandler on behalf of his mother, Dorothy Chandler, 3567 Bond Street. The communication advises water damage during the recent rainstorm of August 5, 2003 and requesting that considering be given for compensation for the damages incurred. AND Communication No. 188f) Correspondence from Clermont Beaulieu, 5192 Hamilton Street. The communication advises of having sustained water damage and basement flooding during the recent severe rainstorm on August 5, 2003, and suggests that the City is liable and responsible for the water damage incurred in his basement, due to flooding -AND Communication No. 188g) Petition Submitted by the Residents of Second Avenue, between Bridge and Hamilton Streets, Headed by Robert L. Sears. The petition requests that the City of Niagara Falls Council take the necessary steps to prevent the flooding of their basements due to the inefficiency of the existing sewers. Ms. Claudette McGregor, Second Avenue on behalf of residents on 2n Avenue North, expressed concerns regarding the flooding of many basements during the August 5 2003 rainstorm; she commented that long -time residents have indicated that this has been a problem for many years due to the inability of the existing sewer system being able to handle heavy rainfall with no major repairs having been made to remedy the situation. She stated that this matter was causing both financial and emotional stress to the area residents. -13- August 11, 2003 Council Minutes The Director of Municipal Works advised that staff were undertaking a complete investigation of the basement floods that had occurred on August 5 2003 in the Second Avenue area and would be bringing a report back to Council. He further urged that concerned residents call the Engineering Department to book an appointment in order that staff could inspect the homes and assess which residences would be eligible for the backflow preventive program. Ms. Heather Hudson, 4462 Second Avenue expressed concerns with regard to the health and safety of the area residents due to backup of sewage and stated that the City had a moral responsibility to those residents in the area. Ms. Rebecca Hanson, 4462 Second Avenue advised that this was the second time that the sewer system had backed up and, as a result, had lost all of her belongings during the recent August 5t rainstorm, and requested the City's assistance as her family could not live the apartment due to the sewage. Mr. Steven Coatsworth, 4293 Second Avenue, expressed concems with regard to the floods, sewage due to an inadequate sewer system and insurance claims. Mr. Robin McDonald, 4407 Second Avenue enquired when the staff report would be available. The City Solicitor provided clarification with regard to insurance claims on basement flooding and the City's legal liability; he suggested that the residents effected by the August 5` 2003 rainstorm, submit a claim along with pictures to the City's Legal Department. During the discussion, it was suggested that some form of registry be kept on the individuals and insurance companies that have indicated that insurance would no longer be available and on behalf of the residents, petition the Provincial government with regard to these type of actions. Following the discussion, it was ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that the matter of basement floods and the correspondence be referred to staff. Carried Unanimously. Following further discussion, it was ORDERED on the motion of Alderman loannoni, seconded by Alderman Campbell, that Council authorize staff to do what they can in assisting Ms. Rebecca Hanson and her family, who have been displaced from their home, due to the recent flooding of her apartment. Carried Unanimously. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the actions taken in Community Services Committee, earlier this evening, be approved: 1. Approval of the July 14, 2003 Community Services Committee Minutes; 2. That staff report to Council via e-mail or phone on construction of curbs on Dorchester Road between Thorold Stone Road and Waterloo Drive; and further that staff investigate construction of curbs along Dorchester Road near Mary Ward and Prince Philip Schools; -14- August 11, 2003 Council Minutes 3. MW- 2003 -140 Dorchester Road EA Update that the Dorchester Road Preferred Design be accepted and that staff investigate all options within the EA process regarding centre medians on Morrison Street and Dorchester Road; 4. MW- 2003 -141 Request for taxi stands on Victoria Avenue that the report dealing with requests for taxi stands along Victoria Avenue be received for the information of Council; 4a) That the Bus Stop on Victoria Avenue be utilized by the Taxi Industry on an interim basis ending September 16, 2003 in coordination with the BIA's; 5. MW- 2003 -149 Casino Sign Application that the Casino Niagara Sign Variances including the large pylon sign be recommended to Council subject to conditions; 6. MW- 2003 -146 Fallsview Boulevard Reconstruction Joint Casino /City Road Works that staff be authorized to negotiate with PCL for the construction of works within the road allowance adjacent to the Casino building; 7. MW- 2003 -137 Calaguiro Estates; Phase 2 Subdivision Agreement with Kybala Ventures /Canadian National Railway that Council authorizes the execution of an agreement pertaining to the development of the Calaguiro Estates Phase 2 Subdivision; 8. MW- 2003 -138 New Catholic Elementary School, Kalar Road Roadway, Drainage and Watermain Looping Cost Sharing Agreements Details that the City cost share with The Niagara Catholic School Board for the necessary improvements required for the New Catholic School on Kalar Road; 9. MW- 2003 -147 Cost Sharing and Financing Arrangements St. David's Sanitary Servicing Project, Stanley Avenue North Sewer Extension that the City of Niagara Falls authorizes the construction of a sanitary sewer on Stanley Avenue (Hwy. 405 to Portage Road) and that staff be directed to enter into negotiations with the Town of Niagara -on- the -Lake and any benefitting property owners for an appropriate cost sharing and cost recovery arrangement; 10. R- 2003 -55 Proposed Drop Off and Pick Up Area for Princess Margaret School that Council supports the utilization of a portion of A.G. Bridge Park parking lot as a drop off and pick up point for the students of Princess Margaret School; 11. MW- 2003 -150 Ministry of Transportation Demolition of Structure #7, Closure of Highway 420 that Council be informed that Highway 420 will be closed from Tuesday, August 12 to Thursday, August 14 2003 while the Ministry of Transportation removes the bridge that runs from Highway 420 westbound to QEW Toronto bound. The motion Carried with Alderman Feren abstaining from the vote on Report MW- 2003 -149 on a conflict of interest previously noted; Alderman Campbell abstaining from the vote on Report R- 2003 -55 on a conflict of interest previously noted; Alderman Orr abstaining from the vote on Report Nos. MW- 2003 -149 and MW- 2003 -146 on conflicts of interest previously noted; Alderman Pietrangelo abstaining from the vote on Report MW- 2003 -147 on a conflict of interest previously noted; Alderman Volpatti abstaining from the vote on Report MW- 2003 -140 on a conflict of interest previously noted and with all others voting in favour. -15- August 11, 2003 Council Minutes RATIFICATION OF ENVIRONMENTAL PLANNING GREENING COMMITTEE MEETING ACTIONS R- 2003 -54 Chair, Environmental Planning Greening Committee Re: Actions Stemming from the Environmental Planning Greening Committee Meeting of July 30, 2003. The report recommends that Council endorse the actions of the July 30, 2003 meeting of the Environmental Planning Greening Committee. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. F- 2003 -39 Chief Administrative Officer Re: 2003 Debenture Issue. The report recommends that Council pass a resolution requesting The Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts as set out in the schedule. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. See Resolution No. 22 MW- 2003 -145 Chief Administrative Officer Re: Casino Roads Reconstruction Update. The report recommends that this report be received for information. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the report be received and filed. The motion Carried with Alderman Orr abstaining from the vote on a conflict of interest and with all others voting in favour. CD- 2003 -17 Chief Administrative Officer Re: Election Signs. The report recommends that the report be for the information of Council and that staff enforce section 3(a)(1) of Sign By -law 6661, 1964 as amended by By -law 1972 -176: No person shall erect or place any sign on any City road allowance or City -owned property. ORDERED on the motion of Alderman Feren, seconded by Alderman Fisher, that the report be received and filed. Carried Unanimously. L- 2003 -54 Chief Administrative Officer Noise Complaints. The report recommends the following: That staff prepare and present for Council's consideration: 1. A noise by -law; 2. An amendment to the City's licensing by -law to license outdoor patios; 3. Site plan guidelines and criteria for the approval of new outdoor patios. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary-Pool, 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 Janvary-Pool, seconded by Alderman Fisher, that the reports on the consent agenda be approved: 1. F- 2003 -37, Major Receivables Quarterly Report; 2. F- 2003 -38, Municipal Accounts; -16- August 11, 2003 Council Minutes 3. BDD- 2003 -01, Agreement with the Ministry of Enterprise, Opportunity and Innovation to convert the current Business Self -Help Office immediately to a Small Business Enterprise Centre; 4. MW- 2003 -139, Tender #2003 125 -03, Victoria Avenue Landscape Clifton Hill to Bender Hill; 5. MW- 2003 -144 Consulting Service for Stanley Avenue Storm Trunk Extension; 6. R- 2003 -52 The Russell Masterson Amateur Athletic Club and Corporation of the City of Niagara Falls Agreement Junior B Hockey; 7. CD- 2003 -16 Special Occasion Permit; Niagara Falls Falcons Senior Mens Baseball Club; 8. L- 2003 -51, Establishment of Public Highway Part 5 on 59R -12103 as part of Garner Road; 9. L- 2003 -52, Establishment of Public Highway Part 6 on 59R -12103 as part of Garner Road; 10. L- 2003 -53, Establishment of Public Highway Part 1 on 59R -12032 as part of St. Mary's Street. The motion Carried with Aldermen Campbell, Craitor, Federow, Pietrangelo, Volpatti and Wing abstaining from the vote on Report F- 2003 -38 on conflicts of interest previously noted and with all others voting in favour. RESOLUTIONS NO. 21 PIETRANGELO FISHER BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby recognizes the Rotary Club of Niagara Falls Sunrise "Art by the Falls" Art and Craft Show being held on September 12, 13 and 14, 2003 and designates the event as a "Community Festival" in Niagara Falls. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. NO. 22 FISHER VOLPATTI RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby requests The Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts set out below, and further, that the City confirms that it has entered into a contract for or authorized the commencement of all works herein listed: Capital Capital Project Financing Retirement Account No. Description Request Term C- 002 -8119 Radio System 435,000.00 10 years C- 002 -8122 S.C.B.A. Equipment Replacement 496,000.00 10 years C- 008 -8289 Drummond Road Hydro Bridge 866,000.00 10 years Deck Replacement C- 008 -8222 Stanley Avenue Underground 1,000,000.00 10 years Main Street to McLeod Road C- 037 -8579 Chippawa Outdoor Pool 152,000.00 10 years -17- BY -LAWS August 11, 2003 Council Minutes C- 010 -8175 Transit Coaches 2003 535,000.00 10 years C- 038 -8906 New Southwest Branch Materials 245,000.00 10 years 3,729,000.00 AND the Seal of the Corporation be hereto affixed. Carried Unanimously. NO. 23 FISHER PIETRANGELO WHEREAS Fire Fighters throughout North America have traditionally held "Boot Drives" in support of the Muscular Dystrophy Association; and WHEREAS Niagara Falls Fire Fighters used to hold their Boot Drive at "Five Corners" over Labour Day weekend; and WHEREAS the introduction of the Provincial Safe Streets Act has placed undue restrictions on Boot Drives; and WHEREAS funds raised by Boot Drives have decreased since the introduction of the Safe Streets Act; and WHEREAS the intent of the Safe Streets Act was to deal with "Squeegee Kids" and panhandlers not to penalize worthy charitable endeavours; and WHEREAS other municipalities have passed resolutions supporting their Fire Fighters efforts during the annual Boot Drive for Muscular Dystrophy; and WHEREAS Niagara Falls Fire Fighters would like to resume their Boot Drive on Clifton Hill this Labour Day weekend from 9 a.m. until 3 p.m. THEREFORE BE IT RESOLVED that Niagara Falls City Council support the fundraising efforts of the Niagara Falls Fire Fighters during this year's Boot Drive at Five Corners; and FURTHER BE IT RESOLVED that the Niagara Falls Fire Fighters exercise discretion and inform the vehicular public that donations are strictly voluntary; and FURTHER BE IT RESOLVED that the Niagara Regional Police exercise discretion in enforcing the Safe Streets Act. AND The Seal of the Corporation be hereto affixed. Carried Unanimously ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary-Pool, that leave be granted to introduce the following by -laws; and the by -laws be read a first time: 2003 -135 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. 2003 -136 A by -law to amend By -law No. 2002 -134, being a by -law to designate the Copper Beach Tree to be of historic value and interest. 2003 -137 A by -law to designate the property known as Glenview, 4223 Terrace Avenue, within the city of Niagara Falls, to be of cultural value and interest. 2003 -138 A by -law to establish Part 5 on Reference Plan 59R -12103 as a public highway, to be known as and to form part of Garner Road. (Re: L- 2003 -51) 2003 -139 A by -law to establish Part 6 on Reference Plan 59R -12103 as a public highway, to be known as and to form part of Gamer Road. (Re: L -2003- 52) 2003 -140 A by -law to establish part 1 on Reference Plan 59R -12032 as a public highway, to be known as and to form part of St. Mary's Street. (Re: L- 2003-53) -18- August 11, 2003 Council Minutes 2003 -141 A by -law to amend By -law 2002 -227, a by -law to consolidate fees and charges for various services, licences and publications for the City of Niagara Falls in compliance with the Municipal Act 2001. 2003 -142 A by -law to authorize the acceptance of a Transfer /Deed of Land from Niagara Catholic District School Board and to establish part of a road allowance being Part of Lot 22, Concession 2, Willoughby, designated as Part 2 on Reference Plan 59R- 12066, as a public highway, to be known as and to form part of Oliver Street, for the purpose of facilitating a "Kiss and Ride" drop -off program for Sacred Heart Elementary School, located at 8450 Oliver Street. 2003 -143 A by -law to amend By -law No. 79 -200, to permit the development of a 32 -unit townhouse project. (Re: AM-24/2003, 1527151 Ontario Limited) 2003 -144 A by -law to amend By -law No. 5335, 1955, to permit an increase in building height of the existing Conference Centre for an indoor waterpark. (Re: AM- 19/2003, Canadian Niagara Hotels Inc.) 2003 -145 A by -law to authorize the use of optical scanning vote tabulators at the regularly scheduled 2003 Municipal Elections. 2003 -146 A by -law to authorize the execution of an Offer to Purchase from Canadian Pacific Railway respecting the lands being Part 6 on Reference Plan. 2003 -147 A by -law to authorize the execution of an Offer to Purchase from Grand Niagara Resort, Inc., respecting the lands being Part 1 on Reference Plan 59R -12158 2003 -148 A by -law to authorize the execution of an Offer to Purchase from Grand Niagara Resort Inc., respecting lands being Parts 1, 2, 3, 4 and 5. 2003 -149 A by -law to authorize monies for General Purposes. (August 11, 2003) 2003 -150 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 11` day of August, 2003. The motion Carried with Aldermen Federow and Pietrangelo abstaining from the vote on By -law No. 2003 -142 on conflicts of interest previously noted and Aldermen Campbell, Craitor, Federow, Pietrangelo, Volpatti and Wing abstaining from the vote on By -law No. 2003 -149 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary-Pool, that the following by -laws be now read a second and third time: 2003 -135 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. 2003 -136 A by -law to amend By -law No. 2002 -134, being a by -law to designate the Copper Beach Tree to be of historic value and interest. 2003 -137 A by -law to designate the property known as Glenview, 4223 Terrace Avenue, within the city of Niagara Falls, to be of cultural value and interest. 2003 -140 2003 -147 -19- August 11, 2003 Council Minutes 2003 -138 A by -law to establish Part 5 on Reference Plan 59R -12103 as a public highway, to be known as and to form part of Gamer Road. (Re: L- 2003 -51) 2003 -139 A by -law to establish Part 6 on Reference Plan 59R -12103 as a public highway, to be known as and to form part of Garner Road. (Re: L -2003- 52) A by -law to establish part 1 on Reference Plan 59R -12032 as a public highway, to be known as and to form part of St. Mary's Street. (Re: L- 2003-53) 2003 -141 A by -law to amend By -law 2002 -227, a by -law to consolidate fees and charges for various services, licences and publications for the City of Niagara Falls in compliance with the Municipal Act 2001. 2003 -142 A by -law to authorize the acceptance of a Transfer /Deed of Land from Niagara Catholic District School Board and to establish part of a road allowance being Part of Lot 22, Concession 2, Willoughby, designated as Part 2 on Reference Plan 59R- 12066, as a public highway, to be known as and to form part of Oliver Street, for the purpose of facilitating a "Kiss and Ride" drop -off program for Sacred Heart Elementary School, located at 8450 Oliver Street. 2003 -143 A by -law to amend By -law No. 79 -200, to permit the development of a 32 -unit townhouse project. (Re: AM-24/2003, 1527151 Ontario Limited) 2003 -144 A by -law to amend By -law No. 5335, 1955, to permit an increase in building height of the existing Conference Centre for an indoor waterpark. (Re: AM- 19/2003, Canadian Niagara Hotels Inc.) 2003 -145 A by -law to authorize the use of optical scanning vote tabulators at the regularly scheduled 2003 Municipal Elections. 2003 -146 A by -law to authorize the execution of an Offer to Purchase from Canadian Pacific Railway respecting the lands being Part 6 on Reference Plan. A by -law to authorize the execution of an Offer to Purchase from Grand Niagara Resort, Inc., respecting the lands being Part 1 on Reference Plan 59R -12158 2003 -148 A by -law to authorize the execution of an Offer to Purchase from Grand Niagara Resort Inc., respecting lands being Parts 1, 2, 3, 4 and 5. 2003 -149 A by -law to authorize monies for General Purposes. (August 11, 2003) 2003 -150 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 11 day of August, 2003. The motion Carried with Aldermen Federow and Pietrangelo abstaining from the vote on By -law No. 2003 -142 on conflicts of interest previously noted and Aldermen Campbell, Craitor, Federow, Pietrangelo, Volpatti and Wing abstaining from the vote on By -law No. 2003 -149 on conflicts of interest previously noted and with all others voting in favour. -20- NEW BUSINESS Rotary at Highway 420 and Stanley Avenue August 11.2003 Council Minutes ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti, that Mr. Rossi, MTO, be invited to attend an upcoming Council meeting to address the issue of a Rotary at Highway 420 and Stanley Avenue. Carried Unanimously. Niagara Transit ORDERED on the motion of Alderman Puttick, seconded by Alderman Campb @II, that Mr. Ted Salci, Niagara Transit Commission, be invited to attend at a Council meeting to address the Niagara Transit/Niagara Shuttle issue.. Carried Unanimously. Capping of the Canal ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti, that staff bring back a report on capping of the canal from the crossover of Portage Road, in order to build a new bridge (North South) from Portage Road. Carried Unanimously. Advanced Green Light on McLeod /Dorchester Road Alderman Kim Craitor submitted a petition headed by Karen Pickering, requesting an advanced green light on McLeod /Dorchester Road (North South). He advised that the Region had stated it would not be installing an advanced green light but might extend the timing in order for vehicles to get through. Simcoe and Crysler Alderman Judy Orr referred to a residence located on the southwest corner of Simcoe and Crysler Avenue whose vegetation was obscuring the view of traffic and a "No Parking" sign and requested that staff look into the matter. Letter of Condolence ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that a letter of condolence be forwarded to the family of the late Andy Berman. Carried Unanimously. Removal of bulk garbage items ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that City staff be authorized to have some flexibility, in circumstances where there is no removal of bulk garbage items, in having City forces clean up those areas. Carried Unanimously. Letter of Congratulations ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that a letter of congratulations and appreciation be forwarded to Ann Louise Branscombe and Karen Stearne, Niagara Charitable Foundation, for their very successful "Sunday in the Park" event. Carried Unanimously. Signage off Victoria Avenue onto Highway 420 ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that staff look into the issue of poor signage at the new exit off of Victoria Avenue onto Highway 420 which is creating numerous problems for motorists. Carried Unanimously. ORDERED on the motion of Alderman Feren, seconded by Alderman Janvary-Pool, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, Tsik- DEAN IORF A, -21- August 11, 2003 Connell Minutes CLERK WAYNE THOMSON, MAYOR