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2004/06/14FIFTEENTH MEETING PLANNING MEETING O CANADA Prior to dealing with further Council matters, Ms. Emma Sturm and Ms. Jenna Warriner, currently attending Niagara District Secondary School, sang the National Anthem. Council met on Monday, June 14, 2004 at 6:00 p.m. for the purpose of considering Planning /Regular Business matters. All members of Council, with the exception of Aldermen Campbell and Pietrangelo, were present. Alderman Joyce Morocco offered the Opening Prayer. Council Chambers June 14, 2004 DISCLOSURES OF PECUNIARY INTEREST Alderman Janice Wing indicated a conflict of interest from the Community Services Committee on Report R- 2004 -39, Proposed Bike Lanes along River Road, R- 2004 -01, People Mover Project and Report PD- 2004 -48, because of Niagara Parks Commission's involvement. She owns property with a Niagara Parks employee. Alderman Joyce Morocco indicated a conflict of interest on Report No. F- 2004 -40, Cheque No. 284068, because a member of her family is the recipient and on Cheque No.284229, because it is her contract place of employment. Alderman Vince Kerrio indicated a conflict of interest on Report MW- 2004 -106, because he owns property on Don Murie Street. Alderman Selina Volpatti indicated a pecuniary interest on Communication No. 97, Order of Sons of Italy of Canada (Club Italia), because her spouse is a member of Club Italia. Alderman Jim Diodati indicated a pecuniary interest on Communication No. 97, Order of Sons of Italy of Canada (Club Italia), because he is a member of Club Italia. His Worship Mayor Salci indicated a pecuniary interest on Report F -2004 40, Cheque No. 284257 and on Communication No. 97, Order of Sons of Italy of Canada (Club Italia), because he is a member of the organization. PRESENTATIONS Local Spiritual Assembly of the Baha'i's of Niagara Falls Tina Saleh, a young member of the Baha'i community presented a token of appreciation to Mayor Salci for his attendance and participation in the International Day to Eliminate Racism. Project S.H.A.R.E. Mayor's Report PUBLIC MEETING June 14, 2004 Council Minutes His Worship Mayor Salci presented a cheque in the amount of $655.00 to Mr. John Carter, Past Chair, Project S.H.A.R.E. The funds were raised through a barbeque held at City Hall on May 28, 2004. Report 2004 -01 Re: Niagara Falls People Mover Project Short List of Responses to Request for Proposals (RFP); Step 1 (Work Program). The report recommends that Council confirm the decision of the Niagara Falls People Mover Steering Committee to short list the companies listed below in respect of the above -noted matter. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that Council ratify the actions of the Niagara Falls People Mover Steering Committee to short list the companies listed in the report. The motion Carried with Alderman Wing abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. Report R- 2004 -36 Re: Millennium Trail, Phase 2 South of McLeod Road. The report recommends that Council confirm whether to construct Phase 2 of the Millennium Trail south of McLeod Road on the west side or the east side of the Ontario Power Canal. -AND Petition from the residents of Redhaven Ronnie Crescents. As per Council direction, notices were delivered to the residents from Ronnie and Redhaven Crescents, who back onto the Power Canal, and His Worship Mayor Salci received a negative response to his request whether there was anyone in attendance who wished to speak to the matter. Following some discussion, it was ORDERED on the motion of Alderman loannoni, seconded by Alderman Kerrio, that the trail continue on the west side of the Ontario Power Canal and that plans continue to build the bridge. The motion Carried with Alderman Morocco voting contrary to the motion and with all others voting in favour. ORDERED on the motion of Alderman loannoni, seconded by Alderman Kerrio, that the petition be received and filed. Carried Unanimously. PLANNING MATTERS PD- 2004 -52 Chief Administrative Officer Re: Public Meeting, Fernwood Draft Plan of Subdivision; File: 26T -11- 2004 -03 (Revised); Owner: 8004460 Ontario Limited. The report recommends the following: 1. That Council consider input received at the Public Meeting and refer all matters to staff for review of the Fernwood Draft Plan of Subdivision and associated Official Plan and Zoning By -law amendment applications; 2. That Council authorize staff to retain a consultant to undertake an independent tree study of the woodlot on the applicant's land to determine the significance of the woodlot and degree of environmental protection that is warranted. -3- June 14, 2004 Council Minutes AND Communication No. 81 Mr. Peter Grandoni; R. R. #1, 4810 Garner Road Re: Fernwood Subdivision. The communication expresses environmental and various woodlot concerns. AND Communication No. 82 Ms. Jean Grandoni, R. R. #1 Re: Fernwood Subdivision. The communication provides comments on the wetlands evaluation process, the environmental features of the area and expresses concerns with respect to the woodlot. -AND Communication No. 83 Davies Howe Partners. The communication expresses the view that the proposed concept play may have negative implications for their client, Fiorino Romano's ability to successfully develop his lands in the future and further, that termination of the urban boundary as is presently proposed, at the west property line of the Fernwood lands is shortsighted and precludes opportunities for a future linkage and connection to Beechwood Road. The City Clerk advised that the Notice of the Public Meeting had been given by prepaid first class mail, in accordance with the Planning Act on May 28, 2004. His Worship Mayor Salci advised that the purpose of the meeting was to receive information and provide an opportunity for the public to comment on the proposed subdivision and that planning staff would consider all comments received and prepare a recommendation report to Council at a future meeting. He further advised that there would be no decision made with respect to approval of the subdivision or related applications at the meeting held this evening. His Worship Mayor Salci advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. Mr. Victor Muratori, Solicitor on behalf of the applicant, provided an overview of the draft plan of subdivision proposal, distributed a submission to members of Council, discussed the issues surrounding the northern woodlot and parkland in the subdivision, addressed the concern with respect to the property having only one entranceway, indicated that cul -de -sacs had been deleted, and that the density of the subdivision was lower in the south west corner. There was a positive response to Mayor Salci's request for comments. Mr. John Bacher, 134 Church Street, St. Catharines was in attendance as Chair of Friends of 12 Mile Creek, he suggested that Recommendation #2 of the report be expanded to include that a full season, ecological assessment study be performed; he expressed the view that the entire woodlot should be preserved along with having a 15 metre buffer to protect the environmental features. Mr. Bacher referred to the issue of conducting a wetland evaluation study in the area and spoke to the reasons for having a full ecological assessment done. Ms. Marianna McMaster, 9301 Beaverdams Road, addressed the issue of tree cutting in the area and requested that the woodlot be saved; she gave her opinion that the southern woodlot was rebounding and its' elimination was not good forestry practice. She submitted a correspondence from her husband. The Director of Planning Development outlined the type of industrial uses that are permitted under the original zoning. -4- June 14, 2004 Council Minutes Ms. Jean Grandoni, R.R. #1, 4810 Garner Road, expressed the view that the motion of Council of September 8 2004 had not been undertaken, was of the opinion that the entire property should be looked at by holding a full fledged environmental study, that all work on the development be stopped until the study has been completed and that the woodlot could be destroyed due to the drainage from the proposed development. Mr. Peter Grandoni, R.R. #1, 4810 Garner Road, advised that he was not opposed to development, but expressed the view that some green space be made available to the residents of this development; he indicated that the woodlot would provide an excellent buffer between residential and agricultural land. He stated that the woodlot should be preserved in its entirety. Ms. Carol Johnson, 4994 Kingston Avenue, advised that she was part of the Urban Forestry Park in the City group and indicated that she was in favour of saving the woodlot. Kim Rexinger, R.R. #2, 4211 Vaughan Road, Hamilton expressed the view that we can not afford to lose our wetlands, that there was a lack of bio- diversity in the Region and that the development was not in keeping with the Niagara Water Quality protection Strategy. Frank Fohr, 5701 MacPherson Crescent, requested information on the procedure for providing submissions to Council. The City Clerk provided that information to him. Mr. Victor Muratori provided clarification with respect to concerns expressed, stating that an environmental study had been done and advised that according to the Provincial Policy statement, this parcel of land had not been identified as a significant wetland. The Director of Parks, Recreation Culture provided clarification as to the rationale for requiring active parkland in the area and the refusal of the 7 acres. Since no further comments were forthcoming, Mayor Salci declared the Public Meeting with regard to Fernwood Draft Plan of Subdivision closed. On the motion of Alderman Wing, seconded by Alderman Morocco, that Recommendation #1 be approved; with the following amendment to Recommendation #2, that Council authorize staff to retain a Consultant to undertake a full seasonal ecological study and wetland evaluation on the applicants's land. The motion was Defeated with a 4 -2 vote. Following further discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, to approve Recommendation #1 and that staff and the applicant meet to continue negotiations to dedicate the 7 -acres as passive parkland. The motion Carried with Aldermen Morocco and Wing voting contrary to the motion and with all others voting in favour. ORDERED on the motion of Alderman Volpatti seconded by Alderman loannoni, that the correspondence be received and filed. Carried Unanimously. His Worship Mayor Salci declared a 5- minute adjournment. Following the recess, Council reconvened for the balance of the meeting. -5- June 14, 2004 Council Minutes PD- 2004 -53 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 24/2004; 6131 Virginia Street; Applicant: Deborah McInnes; Proposed Conversion of Existing Building. The report recommends that Council approve an amendment to the Zoning By -law to permit the establishment of General Commercial (GC) uses at 6131 Virginia Street. -AND Communication No. 84 Marianne Krutasky on behalf of her mother who resides at 4073 Carroll Avenue. The communication expresses concerns with respect to dust created from the street sweeper; traffic congestion; sewers; constant pounding of truck traffic has caused cracked ceilings; blocking of driveways with traffic congestion. -AND Communication No. 85 Regional 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. The City Clerk advised that a public meeting was being convened to consider a proposed zoning by -law amendment to permit the existing retail electrical supplies shop to be used for a hair salon and a retail store at 6131 Virginia Street. He further advised that the Notice of the Public Meeting had been given by First Class mail, in accordance with the Planning Act on May 14, 2004 and by posting a sign on the property in question. He informed that anyone wishing to receive notice of the passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, should leave their names on the sign -in sheets outside the Council Chambers. The Director of Planning and Development discussed the subject property, through the use of posted sketches, reviewed the site description and surrounding land uses; he advised that the proposed amendment complied with the Commercial policies of the Official Plan, that the property had been zoned for commercial uses since 1982, that the range of uses strengthen the economic potential of the subject property and that the list of uses should result in little impact on the neighbouring residential properties to the east. Staff were in support of the recommended amendment. His Worship Mayor Salci advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. There was a positive response to Mayor Salci's request for comments. Ms. Marianne Krutasky, in attendance on behalf of her mother, who resides at 4073 Carroll Avenue, expressed concerns with respect to truck traffic and dust. The Director of Municipal Works advised that there is industrial properties in the neighbourhood which have truck deliveries. The dust sweeper is scheduled for regular sweeping down Carroll Avenue. Since no further comments were forthcoming, Mayor Salci declared the Public Meeting with regard to AM- 24/2004 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati, that the correspondence be received and filed. Carried Unanimously. -6- June 14, 2004 Council Minutes PD- 2004 -48 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 22/2004; 6609 Stanley Avenue; Applicant: Rudan Holdings Limited; Proposed Temporary Use Commercial Parking Garage. The report recommends that Council approve the Zoning By -law amendment application to permit a commercial parking garage for a period not exceeding three years. -AND Communication No. 86a) Regional Niagara, Planning Development Department. The communication advises as not being opposed to the approval of the proposed Zoning By -law amendment; -AND Communication No. 86b) Regional Niagara, Public Works Department. The communication advises as not being opposed to the application and provides comments on Regional Road access and Regional Road reconstruction. AND Communication No. 87 Nicodemus Oey. The communication provides comments on the proposed application. The City Clerk advised that a public meeting was being convened to consider a proposed zoning by -law amendment to permit a commercial parking garage located at 6609 Stanley Avenue. He further advised that the Notice of the Public Meeting had been given by First Class mail, in accordance with the Planning Act on May 14, 2004 and by posting a sign on the property in question. He informed that anyone wishing to receive notice of the passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, should leave their names on the sign -in sheets outside the Council Chambers. The Director of Planning and Development discussed the subject property, through the use of posted sketches; he advised that the 30- storey Crowne Plaza Hotel was under construction and that the amendment was being requested to permit the hotel's parking garage to be used as a commercial parking garage on a temporary basis, while the hotel was being completed. He advised that the temporary approval conformed to the Official Plan and would not jeopardize the ongoing review of commercial parking lots and garages in the City's tourist area; he commented that the intent was for the garage to eventually become part of the permitted hotel development and Planning staff were recommending approval of the application. His Worship Mayor Salci advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. There was a negative response to Mayor Salci's request for comments. Mr. Jeff Wilker, on behalf of the applicant, advised that his client wished to use the hotel's parking garage as a commercial (pay for use) parking garage for a period not exceeding three years. He indicated that although he and his client did not feel that the needed a zoning amendment, they agreed to go through the process and save time. Mr. Wilker indicated that the parking garage would provide the applicant cash flow opportunities, that there was no intent to abandon the proposed hotel and that the City was protected by the site plan. Since no further comments were forthcoming, Mayor Salci declared the Public Meeting with regard to AM- 22/2004 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio that the recommendation to permit a commercial parking garage for a period not exceeding three years be approved. The motion was Defeated by a vote of 3 -2. -7- June 14, 2004 Council Minutes ORDERED on the motion of Alderman loannoni, seconded by Alderman Morocco to approve the commercial parking garage for a period not exceeding one year. The motion was Defeated by a vote of 3 -2. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, to approve the application permitting a parking garage associated with the hotel for a period not exceeding two years. The motion Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the correspondence be received and adopted. Carried Unanimously. Alderman Wing abstained from all votes on a conflict of interest previously noted. PD- 2004 -50 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 29/2004, 4085 Stanton Avenue; Application: Victor Elms; Proposed Four Storey Apartment. The report recommends that Council approve the requested Zoning By -law amendment application to construct a four storey apartment at 4085 Stanton Avenue, conditional upon the applicant entering into all necessary agreements to obtain a right -of -way for driveway access within the unopened Leader Lane road allowance prior to passage of the amending zoning by -law. -AND Communication No. 88 Audrey Louis Vendramin, 4041 Terrace Ave. The communication expresses as being opposed to the proposed application. -AND Communication No. 89 Peter H. Hughes, 4113 Hickson Avenue. The communication advises as being in support of the application. -AND Communication No. 90 Regional Niagara, Planning Development Department. The communication advises as not being opposed to the approval of the proposed application. The City Clerk advised that a public meeting was being convened to consider a proposed zoning by -law amendment to construct a four storey apartment at 4085 Stanton Avenue. He further advised that the Notice of the Public Meeting had been given by First Class mail, in accordance with the Planning Act on May 14, 2004 and by posting a sign on the property in question. He informed that anyone wishing to receive notice of the passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, should leave their names on the sign -in sheets outside the Council Chambers. The Director of Planning and Development discussed the subject property, through the use of posted sketches, reviewed the site description and surrounding land uses; he advised that the proposal complied with the residential policies of the Official Plan, that the proposed nine units were only an increase of two units that could be realized under the current R2 Zoning, that the proposed building height was the same as permitted under the current zoning, that the building height, setbacks, landscaping and other parameters were sufficient to provide for a compatible integration into the neighbourhood and that the proposed site specific R4 zoning was appropriate. The Director indicated that the building was central to the property, the garage was "low rise" and that there was substantial setbacks and green space. He advised that the applicant would have to enter all the necessary agreements with regard to access and the right -of -way prior to passage of the amending by -law and that staff were recommending approval of the application. His Worship Mayor Salci advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. -8- June 14, 2004 Council Minutes There was a positive response to Mayor Salci's request for comments. Mr. Clyde Carruthers, on behalf of the Trails Bikeways Committee, advised that there was a current walking path that was being used and he indicated an interest in preserving a portion of the Leader Lane road allowance to be allocated for a pathway access to the neighbourhood park and bike route. Ms. Veronica Veal, 4090 Hickson Avenue, expressed opposition to the proposed development indicated that having Leader Lane as an entrance route would create further congestion in the area and that the Lane needed would be in further need of repair, she was not in favour of the tree cutting in the area and expressed the view that the development would place extra demands on the pre- existing sewer problems in the area. The Director of Municipal Works commented that Leader Lane did need reconstruction work done and that a number of sewers required a sewer separation program. Mr. Donato Colangelo, 7094 York Drive, advised that he was not opposed to the development but preferred fewer units. He indicated that he had a property in the area that he wished to develop, therefore, Leader Lane access was essential. He felt his development could be a buffer to the proposed development. Mr. Mark Gerbandt, 2141 Stanton Avenue, expressed access concerns of water drainage and flooding. Ms. Nancy DePaul, 4129 Stanton, expressed traffic and privacy concerns as a result of the proposed development. Mr. Victor Elms, Applicant, advised that he was in agreement with staffs recommendation report and provided clarification on the issues of privacy and water drainage, he suggested that a holding tank could be installed on his property in order to restrict the water flow into the system, he was agreeable to sharing the use of Leader Lane for a walking and bicycle lane as long as the City retained the ownership, the trees would provide buffers to the neighbours and that the development would be an asset to the neighbourhood, setting a new standard. Since no further comments were forthcoming, Mayor Salci declared the Public Meeting with regard to AM- 29/2004 dosed. ORDERED on the motion of Alderman Diodati, seconded by Alderman Volpatti, that the report be received and adopted, that the residents be included in the site plan process and that 25 -30 feet of the Leader Lane Road allowance be allocated for a pathway access to the neighbourhood park and a bike route. The motion Carried with Alderman Wing voting contrary to the motion and with all others voting in favour. ORDERED on the motion of Alderman Diodati, seconded by Alderman Volpatti, that the correspondence be received and filed. Carried Unanimously. PD- 2004 -47 Chief Administrative Officer Re: Zoning By -law Amendment Application; Zoning By -law Amendment Application; AM- 21/2004, 5640 5700 Stanley Avenue; 5651, 5653 5659 Buchanan Avenue; Applicant: Carmen Grisafi (TAGC Holdings) Proposed Rezoning to Permit a 6- Storey, 130 -Room Hotel. The report recommends that Council approve the Zoning By -law amendment application to permit a 6- storey, 130 -unit hotel, excluding a dining room, -AND Communication No. 91 Vito Maria Tassone; Biagio Raffaela Tassone Maria Catanzaro. The communication requests that the application not be approved. -9- June 14. 2004 Council Minutes -AND Communication No. 92a) Regional Niagara, Planning Development Department. The communication advises as not being opposed to the application, provided that any requirements of the Regional Public Works Department are met and a copy of a Record of Site Condition is submitted to the Region. AND Communication No. 92b) Regional Niagara, Public Works Department. The communication advises as not being opposed to the proposed land use and provides some comments on the matter. The City Clerk advised that a public meeting was being convened to permit a 6- storey, 130 -unit hotel located at 5640 5700 Stanley Avenue and 5651, 5653 5659 Buchanan Avenue. He further advised that the Notice of the Public Meeting had been given by First Class mail, in accordance with the Planning Act on May 14, 2004 and by posting a sign on the property in question. He informed that anyone wishing to receive notice of the passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, should leave their names on the sign -in sheets outside the Council Chambers. The Director of Planning and Development discussed the subject property, through the use of posted sketches, reviewed the site description and surrounding land uses; he advised that the proposal complied with the intent and purpose of the Official Plan. The Director explained that the front lands were zoned Tourist Commercial and the backlands were deferred Tourist Commercial, therefore, the applicant had to be sensitive to the residential properties. As a result, the development has lower intensity at the back, landscaping and appropriate setbacks. The height is appropriate as there is a 12- storey limit in the area and that the canopy would provide proper urban design and street front appearance. The proposed zoning amendment was appropriate and staff were in support of the application. There was a negative response to Mayor Salci's request for comments. Mr. Michael Allen, Michael D. Allen Architect, on behalf of the applicant, advised that his client had no objections to the Planning Department's recommendations, but referred to the condition of the 3 foot road widenings and requested that it not be part of the conditions. He suggested that all interested parties and staff sit down to negotiate the a- foot road widening issue. Since no further comments were forthcoming, Mayor Salci declared the Public Meeting with regard to AM- 21/2004 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that the report be received and adopted, and further, that a 3 -foot road widening dedication be negotiated between the applicant and staff. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that the correspondence be received and adopted. Carried Unanimously. PD- 2004 -25 Chief Administrative Officer Re: AM- 09/2004, Zoning By -law Amendment Application; 6177 McLeod Road; Applicant: Disante Management Inc., Agent: DL Enterprises (Donato Colangelo) Proposed Triplex Dwelling. The report recommends that Council approve the requested Zoning by -law amendment application to construct a triplex dwelling at 6177 McLeod Road. The City Clerk advised that a public meeting was being convened to consider a proposed zoning by -law amendment to construct a triplex dwelling 6177 McLeod Road He further advised that the Notice of the Public Meeting had been given by First Class mail, in accordance with the Planning Act on May 14, 2004 and by posting a sign on the property in question. He informed that anyone wishing to receive notice of the passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, -10- June 14, 2004 Council Minutes should leave their names on the sign -in sheets outside the Council Chambers. The Director of Planning and Development discussed the subject property, through the use of posted sketches, reviewed the site description and surrounding land uses; he advised that this was a good infill situation, the new density was more in conformity than the originally proposed apartment complex. Staff were recommending approval. His Worship Mayor Salci advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. There was a negative response to Mayor Salci's request for comments. Since no further comments were forthcoming, Mayor Salci declared the Public Meeting with regard to AM- 09/2004 closed. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Diodati, that the report be received and adopted. Carried Unanimously. PD- 2004 -54 Chief Administrative Officer Regional Policy Plan Amendment 187, "A Healthy Landscape, Healthy Communities, Proposed New Environmental Policies for Niagara The report recommends the following: 1. That Council forward this report to the Regional Planning Department as preliminary comments for their consideration; 2. That the Region be advised the City will provide a formal response once information and clarification has been provided on the matters raised in this report. 3. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the report be received and adopted. Carried Unanimously. Mayor Salci commented and provided updates on the following items: the N.F. Healthy Law Garden Show that had been held on June 12 13 and Mr. Shawn Sexton, of 5787 Bing Avenue was the winner of the John Deere lawnmower, the successful grand opening of the Fallsview Casino Resort had taken place, upcoming events included the Window boxes of Chippawa competition, the 51s' Annual Horticultural Road Show, N.F. Horticulture Society 10 Anniversary Garden Walk, Peterson's Community Workshop's Teen Art Show, the City's Golf Tournament to benefit the new Community Centre and Canada Day and announced that the Niagara District Airport Strategic Operating Plan presentation was being held on July 8 2004 at 7:00 p.m. at White Oaks; Letter of Condolence MAYOR'S REPORTS ANNOUNCEMENTS. REMARKS ORDERED on the motion of Alderman Morocco, seconded by Alderman Volpatti, that a letter of condolence be forwarded to the family of the late Harriet Thomson, mother of former Mayor Wayne Thomson. Carried Unanimously. COMMUNICATIONS Communication No. 93 The Royal Canadian Legion Re: Special Occasion Permit. The communication advises that the Royal Canadian Legion Branch #479 in association with the Niagara Falls Board of Museums will be hosting The Battle of Lundy's Lane, War of 1812 re- enactment from July 2n to July 4 2004 and requesting that the event be designated a community event. Alderman Vince Kerrio assumed the Chair. His Worship Mayor Salci resumed the Chair. June 14, 2004 Council Minutes ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the request be supported. Carried Unanimously. See Resolution No 11. Communication No. 94 The United Empire Loyalists' Association of Canada Re: Proclamation. The communication requests that Council proclaim the week of June 13 to June 19 2004 as "United Empire Loyalists' Week" in Niagara Falls; and requesting that the Loyalist flag be flown during that week at City Hall. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the requests be approved. Carried Unanimously. Communication No. 95 Spina Bifida Hydrocephalus Association of Ontario Re: Proclamation. The communication requests that Council proclaim the month of June, 2004 as "Spina Bifida and Hydrocephalus Awareness Month", in Niagara Falls. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the request be approved. Carried Unanimously. Communication No. 96 Downtown Niagara Falls, Board of Management Re: Large Scale Bars. The communication requests that the City investigate amending its zoning by -laws in order that the Downtown Board is not faced with the prospect of fighting a proliferation of applications for large scale bars and that staff look at relevant zoning by- laws and other legislation to remove a use that would allow large scale nightclubs to operate in the downtown core. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that Council approve the B.I.A.'s request and refer to staff. Carried Unanimously. His Worship Mayor Salci relinquished the Chair due to a conflict of interest previously noted. Communication No. 97 Order of Sons of Italy of Canada Re: Club Italia's Annual Picnic. The communication advises that a pyrotechnic fireworks display at Club Italia's Annual Picnic will be held on July 11, 2004. ORDERED on the motion of Alderman loannoni, seconded by Alderman Morocco, to approve the request subject to established policy. The motion Carried with Aldermen Diodati and Volpatti and Mayor Salci abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. Communication No. 98 Chippawa Volunteer Firefighters Association Re: SIo -Pitch Baseball Tournament on July 9t 10 and 11 2004. ORDERED on the motion of Alderman Morocco, seconded by Alderman Diodati, that the request be approved contingent upon the appropriate municipal staff signing off on the request prior to July 9 2004. Carried Unanimously. -12- June 14. 2004 Council Minutes 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: 1. Adoption of the May 31, 2004 Community Services Committee minutes; 2. MW -2004 46 Dorchester Road Update that the Committee authorizes staff to file the Dorchester Road Environmental Study Report for the Revised recommended preferred design Opposed: Alderman Diodati; 3. MW- 2004 -100, Nassau Avenue at Southerland Court Intersection Control Review that a stop sign be installed at the intersection of Nassau Avenue and Southerland Court; 4. MW- 2004 -111, Council Chambers Renovations that Committee award Tender #09 -2004 for the Renovations to Council Chambers to the low bidder Lancing Construction for Scheme A and that spectator seating be reviewed; 5. MW- 2004 -106, Proposed Land Exchange /Purchase Gordon Wright Electric, 6260 Don Murie Street that the land exchange at 6260 Don Murie Street be approved Conflict: Alderman Kerrio; 6. MW- 2004 -97, Disposal of Surplus Lands Chippawa Parkway; Block "A Plan 67 that the City of Niagara Falls declare Part Block "A Plan M 67 as surplus lands and further that staff be authorized to enter into negotiations with the adjacent landowners for the sale of these lands Conflict: Alderman Kerrio; 7. R- 2004 -39, Proposed Bike Lanes along River Road that Committee support the removal of existing "No Parking Except by Permit Zone" signs and placement of painted bike lanes along River Road from Hiram Street to Leader Lane; furthermore, that a copy of this report be sent to the Niagara Parks Commission for their approval Conflict: Alderman Wing; 8. R -2004 41, Request for Financial Support; Niagara Falls Under 12 Soccer Boys Soccer that the request for financial assistance of Niagara Falls under 12 Boys Soccer Team be denied. New Business: That staff prepare a report on turn movements to the Tim Horton's access on Drummond Road at Frederica Street. Carried See By -law No. 2004 -108 CD 13 Chief Administrative Officer Re: Request for Compliance Audit. The report recommends that Council consider the request for a compliance audit of the election campaign finances of Wayne Thomson and decide whether the request should be granted or rejected. On the motion of Alderman Wing, seconded by Alderman loannoni, that Mr. Larry Savage be permitted to address Council on the matter. Carried Unanimously. -13- June 14, 2004 Council Minutes Mr. Savage outlined the reasons why he believed that the candidate, Mr. Wayne Thomson had contravened a provision of the Municipal Act, 1966, relating to election campaign finances and requested that a compliance audit of Wayne Thomson's election campaign finances be carried out. Following the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the report be received and filed. The motion Carried with Aldermen Morocco and Wing voting contrary to the motion and with all others voting in favour. 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 Diodati, that the recommendations in the reports on the Consent Agenda be approved. 1. CD- 2004 -12, Amendment to Municipal Policy, Busing of Patrons to Bingo that the current municipal policy with respect to busing of patrons to bingo be amended to permit busing subject to specific terms and conditions; and that this change be in effect for a one year trial period and be reviewed following that time; 2. CD- 2004 -14, In Camera Procedures for the information of Council; 3. F- 2004 -38, 2004 Reimbursable Kilometrage Rate that the reimbursable kilometrage rate payable to City employees who use their personal automobiles on City business, be established at $0.40 per kilometre, effective July 1, 2004; 4. F- 2004 -39, GST Rebate that the GST Rebate Report be received for information purposes; 5. F- 2004 -40, Municipal Accounts that Council approve the municipal accounts totalling $21,863, 813.22 for the period ending June 14, 2004 Alderman Morocco conflict; 6. F- 2004 -41, Tax Penalty Amendment that Council approve an amendment to the interest/penalty charge for nonpayment of taxes; 7. MW- 2004 -92, Tender #2004 -02; H.V.A.C. Units for Fire Station #1- That Council award tender 2004 -92 H.V.A.C. units for Fire Station #1 for the tender amount of $26,696.50 to the low bidder, Castle Plumbing Heating Inc.; 8. MW- 2004 -98, Contract 2004 -08; 2004 Surface Treatment Program that the unit prices submitted by the low tenderer, Norjohn Limited be accepted; 9. MW- 2004 -99, Salt Management Plan that staff be authorized to directly appoint the McCormick Rankin Corporation to prepare a Salt Management Plan for the City of Niagara Falls for the lump sum cost of $25,600 plus taxes; 10. MW- 2004 -102, Tender #2004 -137- 04, Cathodic Protection of Watermains that the unit prices submitted by the low tenderer, Taunton Construction Limited, be accepted; 11. MW- 2004 -104, Tender #2004 126 -03, Ontario Avenue Watermain Replacement and Huron Street Road Reconstruction and Underground Services that the unit prices submitted by the low tenderer, Fine Grade Construction Ltd., be accepted; -14- RESOLUTIONS BY -LAWS June 14, 2004 Council Minutes 12. MW- 2004 -105, Engineering Civil Standards Update and Integration that the City of Niagara Falls enter into a Consulting Services Agreement with Civil Studios Inc. to complete a Civil Standards Update and Integration program in the Engineering Services, Project Section for the upset limit of $26,530.63, excluding GST; 13. MW- 2004 -107, St. Davids Sanitary Servicing Project; Cost Sharing and Operating Agreement between the City of Niagara Falls and Town of Niagara -on- the -Lake that Council authorize the execution of the cost sharing and operating agreement with the Town of Niagara -on- the -Lake for the City's portion of the St. David's Sanitary Servicing Project; 14. MW- 2004 -108, Tender #2004 -05, Cold -In -Place Recycling (Beaverdams Road and McLeod Road) that the unit prices submitted by the low tenderer Rankin Construction Inc., be accepted; 15. PD- 2004 -49, Zoning by -law Amendment Application; AM- 08/99; 8158 Lundy's Lane, 40- Bed Expansion to Greycliffe Manor; Applicant: Joe Melo that Council pass the amending by -law listed on tonight's agenda to permit a 40 -bed expansion to Greycliffe Manor; 16. PD- 2004 -51, Request for Extension to Draft Plan Approval; West Meadow (Plan 2), 26T -11- 9702; Owner: Wedgewood Builders of Niagara Ltd. that Council support a one -year extension to draft plan approval for the West Meadow (Plan 2) Plan of Subdivision, conditional on the applicant maintaining the appropriate subdivision sign on the property for public information purposes; 17. PD- 2004 -55, Zoning By -law Amendment Application; AM- 15/2004, 5881 Thorold Stone Road; Applicant: Muller Properties Limited, Proposed Indoor Athletic Facility with Recreational Uses that Council pass the amending by -law appearing on tonight's agenda to permit an indoor recreational facility to be established on a portion of the land; 18. R- 2004 -35, Fencing for Retaining Wall at Drummond Hill Cemetery that Council approve $35,412 plus GST for the purchase and installation of fencing to be installed in the cemetery adjacent to the retaining wall at Drummond Hill Cemetery; 19. R- 2004 -37, Canada Day, Free Swimming that Council authorize free swimming at the five (5) Municipal Pools on Thursday, July 1, 2004, as part of the celebrations planned for Canada's 137 Birthday; 20. R- 2004 -38, Canada Day 2004 That this report be received and filed for information; 21. R -2004 40, The Park in The City Banner Program that the quote for The Park in the City Banner Program for the banners, banner arms, installation, and maintenance for a four year period on Portage Road be awarded to Feren Sign Systems Ltd. of Niagara Falls, Ontario for a total cost of $29,960.00 including all taxes. Carried See By -law No. 2004 -118 See By -law No. 2004 -120 See By -law No. 2004 -123 See By -law No. 2004 -124 NO. 11 VOLPATTI- /MOROCCO THEREFORE BE IT RESOLVED that the event that Battle of Lundy's Lane War of 1812 re- enactment is a community event deserving the City Council support; and the Seal of the Corporation be hereto affixed. Carried Unanimously. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Diodati, that leave be granted to introduce the By -laws and the By -laws be read a first time: -15- June 14, 2004 Council Minutes 2004 -107 A by -law to amend By -law No. 79 -200, to permit a body -rub parlour to locate within the same building as a hotel as a temporary use (Re: AM- 10/2004, Simo Bielich, 8675 Montrose Road) 2004 -108 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City roads. (Parking Prohibited, Stop Signs at Intersections) 2004 -109 A by -law to authorize the acceptance of a Transfer /Deed of Land respecting the transfer of lands, being a one foot reserve, from The Regional Municipality of Niagara, for nominal consideration. 2004 -110 A by -law to assume various public highways within the City of Niagara Falls. 2004 -111 A by -law to amend By -law No. 80 -114, being a by -law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. 2004 -112 A by -law to amend By -law No. 79 -200, to reduce the number of required parking spaces for a proposed retail store or museum and to repeal By -law No. 2003 -199. (Re: AM- 19/2004, 1473956 Ontario Ltd.) 2004 -113 A by -law to authorize the execution of an Agreement with Damian Frank Franze, Ronald Yetman, Cindy Patterson, Fernando Berlingeri, Mary Berlingeri, Gino Giallonardo, Irma Giallonardo, Anthony Marra, Rose Marra, Bruno Franze and Mary Franze for the purpose of satisfying conditions of Land Division Consent File B41/2003/NF. 2004 -114 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. 2004 -115 A by -law to establish Parts 2, 5 and 8 on Reference Plan 59R -12301 as a public highway, to be known as and to form part of Garner Road and Part 4 on Reference Plan 59R -12301 as a public highway, to be known as and to form part of Kalar Road, as set out in Schedule "A" attached hereto. 2004 -116 A by -law to authorize the execution of a Licence Agreement with Niagara Falls Aviary Inc. respecting the installation of a sign on lands and premises municipally known as Municipal Parking Lot No. 20 located at the corner of Bender Street and Palmer Avenue, Niagara Falls. 2004 -117 A by -law to amend by -law Nos. 79 -200 and 2000 -153, to permit a commercial parking garage as a temporary use. (Re: AM- 22/2004, Rudan Holdings Limited) 2004 -118 A by -law to amend By -law No. 79 -200, to permit an addition to an existing retirement home and to repeal By -law No. 98 -37. (Re: AM- 08/99, Joe Melo) 2004 -119 A by -law to provide for citizen appointments to certain Boards, Commissions and Committees. 2004 -120 A by -law to amend By -law 2003 -25, a by -law to provide for the collection of interim taxes and taxes from year to year. 2004 -121 A by -law to provide for appointments to certain Boards, Commissions and Committees. 2004 -122 A by -law to authorize the Mayor and Clerk to execute Subdivision Agreements, Development Agreements and other similar agreements and all documents -16- June 14, 2004 Council Minutes pertaining thereto. 2004 -123 A by -law to amend By -law No. 79 -200, to permit an indoor recreational facility. (Re: AM- 15/2004, Muller Properties Ltd.) 2004 -124 A by -law to authorize monies for General Purposes (June 14, 2004) 2004 -125 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 14 day of June, 2004. The motion Carried with Alderman Morocco abstaining from the vote on By -law 2004 -124 on conflicts of interest previously noted ORDERED on the motion of Alderman Kerrio, seconded by Alderman Diodati, that the By- laws be now read a second and third time: 2004 -107 A by -law to amend By -law No. 79 -200, to permit a body -rub parlour to locate within the same building as a hotel as a temporary use (Re: AM- 10/2004, Simo Bielich, 8675 Montrose Road) 2004 -108 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City roads. (Parking Prohibited, Stop Signs at Intersections) 2004 -109 A by -law to authorize the acceptance of a Transfer /Deed of Land respecting the transfer of lands, being a one foot reserve, from The Regional Municipality of Niagara, for nominal consideration. 2004 -110 A by -law to assume various public highways within the City of Niagara Falls. 2004 -111 A by -law to amend By -law No. 80 -114, being a by -law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. 2004 -112 A by -law to amend By -law No. 79 -200, to reduce the number of required parking spaces for a proposed retail store or museum and to repeal By -law No. 2003 -199. (Re: AM- 19/2004, 1473956 Ontario Ltd.) 2004 -113 A by -law to authorize the execution of an Agreement with Damian Frank Franze, Ronald Yetman, Cindy Patterson, Fernando Berlingeri, Mary Berlingeri, Gino Giallonardo, Irma Giallonardo, Anthony Marra, Rose Marra, Bruno Franze and Mary Franze for the purpose of satisfying conditions of Land Division Consent File B41/2003/NF. 2004 -114 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. 2004 -115 A by -law to establish Parts 2, 5 and 8 on Reference Plan 59R -12301 as a public highway, to be known as and to form part of Garner Road and Part 4 on Reference Plan 59R -12301 as a public highway, to be known as and to form part of Kalar Road, as set out in Schedule "A" attached hereto. 2004 -116 A by -law to authorize the execution of a Licence Agreement with Niagara Falls Aviary Inc. respecting the installation of a sign on lands and premises municipally known as Municipal Parking Lot No. 20 located at the corner of Bender Street and Palmer Avenue, Niagara Falls. 2004 -117 A by -law to amend by -law Nos. 79 -200 and 2000 -153, to permit a commercial parking garage as a temporary use. (Re: AM- 22/2004, Rudan Holdings -17- June 14, 2004 Council Minutes Limited) 2004 -118 A by -law to amend By -law No. 79 -200, to permit an addition to an existing retirement home and to repeal By -law No. 98 -37. (Re: AM- 08/99, Joe Melo) 2004 -119 A by -law to provide for citizen appointments to certain Boards, Commissions and Committees. 2004 -120 A by -law to amend By -law 2003 -25, a by -law to provide for the collection of interim taxes and taxes from year to year. 2004 -121 A by -law to provide for appointments to certain Boards, Commissions and Committees. 2004 -122 A by -law to authorize the Mayor and Clerk to execute Subdivision Agreements, Development Agreements and other similar agreements and all documents pertaining thereto. 2004 -123 A by -law to amend By -law No. 79 -200, to permit an indoor recreational facility. (Re: AM- 15/2004, Muller Properties Ltd.) 2004 -124 A by -law to authorize monies for General Purposes (June 14, 2004) 2004 -125 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 14` day of June, 2004. The motion Carried with Alderman Morocco abstaining from the vote on By -law 2004 -124 on conflicts of interest previously noted NEW BUSINESS Tim Horton's Send a Kid to Camp Day Alderman Carolynn loannoni referred to the successful Tim Horton's "Send a Kid to Camp Day" and advised that $6 million had been raised across Canada. Dixon Street Alderman Carolynn loannoni requested that staff look into the issue of the barricade at the end of Dixon St., since cars were going around the barricade. Noise By -law Alderman Carolynn loannoni referred to e-mails that had been received by members of Council from Donna Minno regarding her concerns at the Niagara Falls Golf course. The Chief Administrative Officer advised that staff was to facilitate a meeting with Mr. Moore and the two concerned neighbours to address the issues. The City Solicitor provided clarification with respect to the noise by -law. Whirlpool Truck Consortium Alderman Janice Wing referred to a recent news article of June 11 in the St. Catharines Standard regarding an issue of the Whirlpool Truck Consortium seeking environmental assessment waivers and requested a report on the matter. ORDERED on the motion of Alderman Wing, seconded by Alderman Volpatti, that staff bring back a report on the issue of Environmental Assessment Waivers. Carried Unanimously. Niagara Falls Armoury Alderman Janice Wing requested an update on the Niagara Falls Armoury meeting. She was advised that staff were in the process of scheduling a meeting with the consultants, Trow Engineers Consulting Inc. and interested parties with possible dates of June 23i or June 24 2004. Club Italia Fundraiser -18- June 14, 2004 Council Minutes Alderman Joyce Morocco thanked Club Italia for hosting the golf tournament fundraiser for the Greater Niagara General Hospital Foundation. Grass Cutting at Niagara Parks Niagara Falls Humane Society Alderman Selina Volpatti referred to correspondence received from Ms. Tracy Merrett the City rep from the Niagara Falls Humane Society. The City Clerk provided clarification on the matter and advised that Alderman Joyce Morocco had expressed an interest to sit on the N.F. Humane Society Board as a City representative. Alderman Joyce Morocco expressed concerns with respect to the lack of grass cutting at Niagara Parks. His Worship Mayor Salci provided clarification on the matter. Following the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that a letter of appreciation be forwarded to Ms. Tracy Merrett and Ms. Nancy McIntosh for their services to the Niagara Falls Humane Society. Carried Unanimously. Niagara Health System It was moved by Alderman Volpatti, seconded by Alderman Morocco, that approval be granted to proceed past 11:00 p.m. Carried Unanimously. Alderman Jim Diodati requested an update on the Niagara Health System discussions. He was advised by the City Clerk that the panel discussion was to include 4 reps from the Niagara Health System and 4 local stakeholders along with a moderator. These discussions would be taped by COGECO on June 23' 2004 and broadcast a few days later. READ AND ADOPTED, DEAN IOR IDA, _19_ June 14, 2004 Council Minutes ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing, that the meeting be adjourned. Carried Unanimously. TY CLERK R. T. (TED) SALCI, MAYOR