Loading...
2004/07/12READ AND ADOPTED, SIXTEENTH MEETING In Camera Session Committee Room #2 July 12, 2004 Council met on Monday, July 12, 2004 at 6:40 p.m. in an In Camera Session. All members of Council, were present, with the exception of Alderman Pietrangelo. Mayor Salci presided as Chair. Following consideration of the items presented, the In Camera session rose to report in open session. PLANNING MEETING DEAN IORFIDA,'CITY CLERK R. T. (TED) SALCI, MAYOR Council Chambers July 12, 2004 Council met on Monday, July 12, 2004 at 7:00 p.m. for the purpose of considering Planning /Regular Business matters. All members of Council, with the exception of Alderman Pietrangelo, were present. Alderman Vince Kerrio offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTEREST Alderman Janice Wing indicated a pecuniary interest on Report F- 2004 -45, Cheque No. 285381, and on By -law Nos. 2004 -126; 2004 -130 and 2004 -139, dealing with the Niagara Parks Commission and on Report PMP- 2004 -02 and By -law No. 2004 -128, dealing with the Niagara Falls People Mover Project, because she owns property with a Niagara Parks employee. Alderman Carolynn loannoni indicated a pecuniary interest on Report F- 2004 -45, Cheque Nos. 284988 and 285158, the Niagara Falls Humane Society, because a family member has a conflict on this. Alderman Joyce Morocco indicated a pecuniary interest on Report F- 2004 -45, Cheque No. 284823, because a member of her family is the recipient; and on Cheque No.284993 and 285162 because it is her contract place of employment. Alderman Vince Kerrio indicated a pecuniary interest on Report MW- 2004 -121 and background reports dealing with AM- 35/2003, because the applicant is his neighbour. Niagara Falls Community Fund Proposal DEPUTATIONS Alderman Wayne Campbell indicated a conflict of interest on Report F- 2004 -45, Cheque No. 285067, because the District School Board is his employer. Mayor Salci indicated a pecuniary interest on Report F -2004 45, Cheque No. 285032, because he is the recipient. July 12, 2004 Council Minutes Ms. Liz Palmieri, Executive Director, Niagara Community Foundation provided some background information on the Foundation and how it could benefit community groups in perpetuity. She requested that Council partner with the Niagara Community Foundation to create a Niagara Falls Centennial Community Fund that would work for the benefit of the charities serving our community now and into the future. Following the presentation, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that Council partner with the Niagara Community Foundation to create a Niagara Falls Centennial Community Fund. Carried Unanimously. DEVELOPMENT CHARGES BY -LAW Report MW- 2004 -121 Chief Administrative Officer Re: Development Charges By- law and Background Study Recommendations. The report recommends that the Development Charge rates calculated in the development Charges Background Study (May 14, 2004) be approved and the corresponding figures and policies be incorporated into the new City of Niagara Falls Development Charges By -law. -AND Report MW- 2004 -95 Development Charges Background Study; Conclusions and Recommendations (dated May 31, 2004). -AND Communication No. 99 Broderick Partners. The communication provides comments on the proposed 2004 Development Charges By -law and expresses concerns with respect to the need and the costs for the projects set out in the study and the attribution of the costs of same between the residential and non residential areas, and questioned the benefit between the existing community development and growth. Mr. Cam Watson, C.N. Watson Associates Ltd., addressed the development charges background study and reviewed the schedule of charges that have been allocated. The Deputy Director of Planning and Development responded to questions raised with respect to the development charges exemptions for the downtown area and indicated that the consultants were finalizing the downtown community improvements plan and would report to Council in the fall. Following the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with Alderman Kerrio abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. See By -law No. 2004 -138 PLANNING MATTERS July 12, 2004 Council Minutes PD- 2004 -62 Chief Administrative Officer Re: Implementation of Height (and Density) for Proposed Developments in Excess of 30 Storeys. The report recommends that Council adopt the IBI Group's recommended financial formula as a guideline for securing public benefits under Section of the Planning Act for high -rise development approvals in excess of 30 storeys; and should a lesser public benefit formula be approved, that staff be directed accordingly. The Deputy Director of Planning Development referred to the implementation handbook from the May 31, 2004 Council meeting and that one of the items that had come out of that meeting was that Council had to adopt a policy with respect to community benefits; he indicated that the IBI group's recommendation was that when applications were made for heights greater than 30 storeys, the applicants would participate in a program for community benefits by paying a cash contribution and that the consultants had recommended 5% of the value of the floor area per floor above 30 storeys. The Deputy Director of Planning and Development recommended that Council adopt the formula as put forward by the IBI group for a 5% cash contribution for floor areas above 30 storeys. Following some discussion, it was moved by Alderman loannoni, seconded by Alderman Wing, that the report be deferred. The motion was Defeated with the following requested recorded vote: AYE: Alderman Campbell AYE: Alderman loannoni AYE: Alderman Wing NAYE:Alderman Diodati NAYE:Alderman Kerrio NAYE:Alderman Morocco NAYE:Alderman Volpatti NAYE:Mayor Salci Following further discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that Council adopt the IBI Group's recommended financial formula as a guideline for securing public benefits under Section 37 of the Planning Act for high -rise development approvals in excess of 30 storeys, and further, that the policy reflect the comments in the report with the following amendments: 1) That Section 37 be used to achieve municipal capital facilities and /or cash contributions toward the achievement of capital facilities for the betterment of the entire community and for other capital facility objectives set out in the Official Plan; 2) That the product of the contribution should be directed toward the provision of capital facilities only and will not go toward operating expenses; 3) That the Director of Planning suggest how monies are to be allocated, with the final decision at the discretion of Council. Carried PD- 2004 -56 Chief Administrative Officer Re: Official Plan Zoning By -law Amendment Application; AM- 35/2003, 6361 Fallsview Boulevard Associated Off Site Lands; Applicants: 876891 Ontario Limited, 1140464 Ontario Inc., and 1229142 Ontario Inc., Agents: peter Smith, Planner; Stephen Diamond, Solicitor; Proposed Expansion to the Hilton Hotel. The report recommends the following: 1) That Council approve amendments to the Official Plan and Zoning By -law to permit: a proposed 58- storey expansion to the existing Hilton Hotel containing 464 rooms; -4- July 12, 2004 Council Minutes a portion of the required parking to be located off -site on Parcels 2 and, on a temporary basis only, Parcel 3; fewer parking spaces than currently required by the Zoning By -law; parking to be provided in tandem on Parcels 2 and 3; and a reduction in the dimensions of the parking stalls and manoeuvring aisles as prescribed in the Zoning By -law; 2) That the Official Plan be amended in accordance with the draft amendment attached to this report as Appendix 1; 3) before the amending Zoning By -law is brought before Council for approval, that the applicant shall execute, and the City Solicitor shall have ready for registration, a new site plan agreement for the proposed development and a section 37 agreement, the latter of which shall secure the following matters: contribution in the amount to be determined which shall be directed toward a public benefit;(note: the words in italicize were blanks in the report). that the parking structure be constructed so as to provide for "parking stackers" to allow for additional on -site parking in the event of closure of the Allendale parking lot; that the parking levels with stackers be designated as valet parking only; the theatre be for only hotel or conference centre patrons only; architectural design, including, but not limited to, surface articulation, exterior materials and roof structure, that is satisfactory to the Architectural Peer Review panel and the Director of Planning and Development; and a contribution attributable to the existing development in the amount of $99,141 for the costs incurred by the City in respect to the streetscaping of Murray Street west of Fallsview Boulevard. a contribution attributable to the proposed development for streetscaping along the Stanley Avenue frontage. 4) Council require the applicant to construct immediately closed -board fencing along the west property line of the Allendale parking lot adjacent to St. Mary's Ukranian Catholic Church. AND Communication No. 100 McCarthy Tetrault. The communication sets out a proposal solution to the parking requirements for both the existing and new hotel, if the application is approved. -AND Communication No. 101 E.I. Shaw, 6136 Cadham St. The communication requests that there be no off site parking. -AND Communication No. 102 St. Mary's Ukrainian Catholic Church. The communication advises as not being opposed to the proposed expansion to the existing Hilton Hotel, but requests that a privacy fence be installed to control noise and dust levels. -5- July 12, 2004 Council Minutes -AND Communication No. 103 Regional Niagara, Public Works Department. The communication advises that their previous comments, dated January 14, 2004 and November 27, 2003 still remain applicable. The City Clerk advised that a public meeting was being convened to consider a proposed amendment to the City's Official Plan and zoning by -law to permit a 58- storey expansion to the Hilton Hotel at 6361 Fallsview Boulevard. He further advised that the Notice of the Public Meeting had been given by First Class mail, in accordance with the Planning Act on June 11, 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 Deputy Director of Planning and Development discussed the subject property, through the use of posted sketches; he advised that the application was for an Official Plan amendment and a zoning change. He addressed the following issues: Building height, built form and massing, Architectural Peer Review, microclimate issues, density, public benefits, parking and use of the Hydro Corridor; he indicated that the 30- storey maximum does not apply to the deferred portion of the subject lands, however, the proposal still has to meet the Plan's objectives, criteria regarding environmental impacts and policies established in the implementation handbook. The new design reduced massing concerns. There is a significant podium feature which should improve wind conditions from the previous design. The distance of the development from the Skylon was sufficient to maintain that tower's icon status and that the Architectural Peer Review Panel supports the application. The Deputy Director of Planning and Development indicated that the developer had requested the ability to have parking at the off -site lot, that would be staggered and had requested a reduction in aisle width and length in the parking module as the parking garage would be constructed to accommodate parking "stackers" in the event of the closure of the Allendale lot. The Deputy Director of Planning and Development concluded that staff were recommending support of the Official Plan Amendment for this development and that the Section 37 Agreement be entered into at the same time. He referred to correspondence received from St. Mary's Ukrainian Catholic Church expressing noise and dust concerns and indicated that staff were recommending the installation of appropriate fencing to alleviate the problem. 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. Norma Guindon, 6481 Burwood Avenue, expressed her opposition to the proposed application; she felt that there should not be unlimited building heights and all parking should be on site. Reverend Canon Jim Powell, All Saints Anglican Church, advised that the Hilton has provided off -site parking for the congregation during services and were in support of the project. Mr. Brian Duxbury, Solicitor on behalf of the Yerich family, questioned the need for a 58 storey building height. He reviewed the Official Plan policy dealing with the three viewing towers and expressed the view that this proposal did not conform to the City's Official Plan policy. Mr. Duxbury advised that his client does not agree with the IBI's recommendation of a 300 -metre radius and that Council had no planning justification before them as to why this would be an appropriate radius; he reviewed the comments of the Peer Review Committee and expressed parking concerns. -6- July 12, 2004 Council Minutes Mr. Michael Kirkland, on behalf of the Architectural Peer Review Panel commented that the project had very positive streetscaping, that the second tier building height would be visible from the U.S. side, and would have no impact. Mr. Stephen Diamond, Solicitor, McCarthy Tetrault, on behalf of the applicant, expressed the view that overall architectural quality was more important than specific height and provided a brief video presentation of the project. Mr. Peter Smith, Planner for the applicant, provided five key aspects of the design: 1) that all drop off and bus parking functions off Fallsview would be relocated into the interior of the site 2) that all parking for the new facility would be below grade and on site, the off-site parking was in relation to the existing hotel 3) referred to the creation of streetscaping on all three sides of the project; 4) the substantial use of convention facilities; 5) and the creation of a roof surface for recreation purposes on top of those convention facilities. Mr. Diamond advised that the implementation of the required on -site parking was counter intuitive to the use of transit and, therefore, the objectives of the People Mover system. He expressed the view that this application should be considered as a distinct and independent matter from the decision made with respect to the future application of any Section 37 policies because their application predated such policies. Mr. Diamond indicated that this was an excellent project, that the applicant was prepared to provide the City with an additional $1 million benefit and requested that Council approve the application. In response to questions raised, Mr. Diamond provided clarification with respect to the provision of employee parking and off -site parking and of the timeframe to proceed with the project. Mr. Ed Lustig, Director, People Mover Project, expressed the view that from the People Mover Project perspective, this was not a negative, subject to the conditions put into place and listed in his report. The Chief Administrative Officer responded to questions raised with respect to the hydro corridor study. It was moved by Alderman Volpatti, seconded by Alderman Kerrio, that approval be granted to proceed past 11:00 p.m. The motion Carried with Aldermen Campbell and loannoni voting contrary to the motion and with all others voting in favour. Since no further comments were forthcoming, Mayor Salci declared the Public Meeting with regard to AM- 35/2003 closed. ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that the recommendations in the report be approved and that the contributions related to Section 37 be negotiated between staff and the applicant subject to Council's approval. The vote was recorded as requested. The motion Carried with Alderman Kerrio abstaining from the vote on a conflict of interest previously noted, and with the following vote: AYE: Alderman Campbell NAYE: Alderman loannoni AYE: Alderman Diodati NAYE: Alderman Morocco AYE: Alderman Volpatti NAYE: Alderman Wing AYE: Mayor Salci ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that the correspondence be received and filed. Carried Unanimously. -7- July 12, 2004 Council Minutes Aldermen Campbell and loannoni vacated Chambers at 11:35 p.m. PD- 2004 -57 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 31/2004, Kinsmen Court; Applicant: Falls Wholesale Ltd. (Zippo Canada); Proposed Ancillary Retail and Museum Use. The report recommends that Council approve the Zoning By-law Amendment applicant to add a retail store and museum as ancillary uses to the Light Industrial (LI) zone on these lands. -AND Communication No. 104 Regional Niagara, Public Works Dept. The communication advises as having no objections to the intended land use, but note that there would be no waterline service connection to the Regional 900 mm diameter watermain, located on Kinsmen Court as there is a local 200 mm diameter watermain. -AND Communication No. 105 Ministry of Transportation. The communication provides comments on the application and advises that any proposed development of these lands will require Ministry review and approval and the issuance of Ministry permits. The City Clerk advised that a public meeting was being convened to consider adding a retail store and museum as an ancillary use at Kinsmen Court. He further advised that the Notice of the Public Meeting had been given by First Class mail, in accordance with the Planning Act on June 11, 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 Deputy Director of Planning and Development discussed the subject property, through posted sketches, reviewed the surrounding land uses, advised that the proposal complied with the Official Plan policies respecting complementary uses in the Official Plan and would not impact on the integrity of the surrounding industrial area. He indicated that the requested retail store was similar to the type of retail facility currently permitted in this zone and that the zoning by -law amendment would restrict the size of the ancillary uses. The Deputy Director of Planning and Development commented that staff had requested that the servicing area be moved back from the QEW to provide more landscaping and he advised that staff were in support 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. Since no further comments were forthcoming, Mayor Salci declared the Public Meeting with regard to AM- 31/2004 closed. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that the correspondence be received and filed. Carried Unanimously. -8- July 12, 2004 Council Minutes PD- 2004 -58 Chief Administrative Officer Re: AM- 28/2004, Zoning By -law Amendment Application; 6840 McLeod Road; Applicant: Canadian Tire Real Estate Limited; Agent: Carol -Anne Munroe, Planner; Proposed Parking Reduction, Canadian Tire Retail Store. The report recommends that Council approve the requested Zoning by -law amendment to reduce parking standards for the existing Canadian Tire retail store at 6840 McLeod Road and to reduce the exterior side yard setback from Dorchester Road for the proposed car wash. The City Clerk advised that a public meeting was being convened to consider a proposed zoning by -law amendment to reduce parking standards and reduce the exterior side yard setback for the proposed car wash at 6840 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 June 11, 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 Deputy 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 amendment complies with the Official Plan, that the reduction in exterior side yard was reasonable given the minor area involved and the enhanced landscaping; and further that subsequent to the report being written a reduction to 185 on- site parking spaces was being recommended. 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. Ms. Carol -Ann Munroe, Planner for the applicant, requested some flexibility in the parking layout, and endorsed the 185 on -site parking spaces as recommended by staff. Since no further comments were forthcoming, Mayor Salci declared the Public Meeting with regard to AM- 28/2004 closed. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Morocco that the report be received and adopted, reducing the parking standards to 185 spaces, and that the neighbours be included in the site plan process. Carried Unanimously. PD- 2004 -59 Chief Administrative Officer Zoning by -law Amendment Application; AM- 27/2004, 6733 6783 Kalar Road; Applicant: City of Niagara Falls; Proposed Indoor Soccer Facility. The report recommends that Council approve the amendment to permit the construction of an indoor soccer facility at 6735 Kalar Road. The City Clerk advised that a public meeting was being convened to consider a proposed amendment to the City's zoning by -law to permit the construction of an indoor soccer facility at 6735 and 6783 Kalar 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 June 11, 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. -9- July 12, 2004 Council Minutes The Deputy Director of Planning and Development discussed the subject property, through the use of posted sketches, reviewed the site description and surrounding land uses; he indicated that staff were recommending that the parking be removed at the south side yard as there was a road widening requirement along Kalar Road and this parking removal would allow for some landscaping. The Deputy Planner advised that the location of a sports facility on Kalar Road corresponded to the Official Plan. 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- 27/2004 closed. ORDERED on the motion of Alderman Diodati, seconded by Alderman Morocco, that the report be received and adopted. Carried Unanimously. PD- 2004 -60- Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 16/2004, 3232 3272 Montrose Road; Applicant: Anthony Pamela Crocco; Agent: Brian Sinclair, Solicitor; Proposed Townhouse Development. The report recommends the following: 1. That Council approve an amendment to the Zoning By -law to permit the construction of townhouses on the lands known as 3232 and 3272 Montrose Road; 2. That the approval be conditional upon a Holding (H) symbol being placed on the lands, along with the requested R4 Zoning, to allow for a noise impact study to be prepared and incorporate any design modifications as a result of that study. -AND Communication No. 106 Regional Niagara, Planning Development Dept. The communication advises as having no objections to the intended land uses, but provides comments on the Regional Road Allowance Widening Request; Traffic Study; Regional Permit Requirements; Protection of Survey Evidence; Regional bicycle Network; Curbside Collection of Waste; Stormwater; Trees and Servicing Allocation. -AND Communication No. 107 Niagara South Condominium Corporation #66. The communication provides comments on the proposed development. -AND Communication No. 108 Ministry of Transportation. The communication provides comments and expresses concerns with respect to the setbacks; and advises that any proposed development on these lands is permitted without the issuance of Ministry permits. AND Communication No. 109 Regional Niagara, Planning Development Department. The communication advises as not being opposed to the approval of the proposed amendment, subject to the requirements as indicated. -10- July 12, 2004 Council Minutes -AND Communication No. 110- Niagara Peninsula Conservation Authority. The communication advises as having no objections to the application provided that a 15m vegetated buffer remain between the development and the watercourse; and that any work proposed in or around the watercourses, may require a work permit from the Conservation Authority. The City Clerk advised that a public meeting was being convened to permit the construction of townhouses on the lands known as 3232 3272 Montrose 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 June 11, 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 Deputy 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 applicant was proposing to change the zoning from development holding to R4 zone and provide for 75 townhouse units. 25 foot rear yards at the back of the townhouse block were being recommended, as was an acoustical wall, noise study and fencing. The Deputy Director of Planning and Development pointed out that a typical density for townhouse projects was 20 units per acre and that this project had only 9 units per acre. His Worship Mayor Salci advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. There was a positive response to Mayor Salci's request for comments. Mr. Peter J. McAllister, on behalf of the Niagara South Condominium Corporation #66, which is located directly across from the proposed development, advised as not being opposed to the development, that all of their concerns had been addressed but requested to be involved in the site plan process. Mr. Brian Sinclair, on behalf of the applicant advised this would be a very high quality development that will fit in well with the community. Since no further comments were forthcoming, Mayor Salci declared the Public Meeting with regard to AM- 16/2004 closed. ORDERED on the motion of Alderman Diodati, seconded by Alderman Morocco that the report be received and adopted and that Mr. McAllister, Niagara South Condominium Corp. #66 be included in the site plan process. Carried Unanimously. ORDERED on the motion of Alderman Diodati, seconded by Alderman Morocco, that the correspondence be received and filed. Carried Unanimously. PD- 2004 -61 Chief Administrative Officer Re: Proposals to Expand Buildings Located on the Sodom road and Oliver Street R oad Allowances. The report recommends the following: 1. That Council not support the requests from Peggy Erwin and Ralph Terrio to construct additions to their respective buildings on the Sodom Road and Oliver Street road allowance; 2. That staff be authorized to prepare terms of reference for a Waterfront Master Plan for the Welland River waterfront. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Wing, that the matter be deferred at the request of the applicant. Carried Unanimously. PD- 2004 -63 Chief Administrative Officer Re: Designated Property Grant; Old St. John's Church. The report recommends that Council approve, in principle, a Designated Property Grant for the exterior painting of Old St. John's columbarium as outlined in this report. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. REGULAR COUNCIL MEETING Niagara Falls Community Centre Golf Classic COMMUNICATIONS JuIv 12, 2004 Council Minutes Council Chambers July 12, 2004 ADOPTION OF MINUTES ORDERED on the motion of Alderman Morocco, seconded by Alderman Diodati, that the minutes of the Regular Council meeting of May 31, 2004 be approved as printed. Carried Unanimously. MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS Letters of Condolence His Worship Mayor Salci advised that letters of condolence had been forwarded to the following: Mr. Mrs. (Debbie) Zimmerman on the recent loss of their son, Matthew; The family of the late Mrs. Angela Ferguson, grandmother of Paula Babel in the Clerk's Department. The family of the late Harold "Smitty" Smith, stepfather of Joanne Daniels in the Finance Department.; The family of the late Robert McRae, father of Chris McRae in the Engineering Department.; The family of the late Gerard Joseph Doucet, father -in -law of Bill Haskin; His Worship Mayor Salci referred to the Niagara Falls Community Centre Golf Classic which City Council hosted on June 21, 2004. He thanked staff and all those involved and advised that $90,000 had been raised toward the Community Centre. Communication No. 111 Inter Department Memorandum from the Chief Administrative Officer, attaching a report that provides an update to the Provincial Government's proposal to refund a portion of the gas tax. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that the communication be received and filed for the information of Council. Carried Unanimously. -12- July 12, 2004 Council Minutes until September 2, 2003, scheduled for 7:30 p.m. to 9:30 p.m., and requesting that Council consider waiving the 9:00 p.m. noise by -law requirement for this event. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Wing, that Council consider waiving the 9:00 p.m. noise by -law requirement for this event. Carried Unanimously. Communication No. 113 City of Niagara Falls Board of Museums Re: Re- appointment to the Board of Museums. The communication requests that Council consider having Mr. Ken Warren re- appointed to the Niagara Falls Board of Museums. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati, that Mr. Ken Warren be re- appointed to the Niagara Falls Board of Museums. Carried Unanimously. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that the actions taken in Community Services Committee, earlier this evening be approved: 1) Adoption of the June 14, 2004 Community Services Committee; 2) That the Coronation 50 plus Recreation Centre report be received and filed; 3) That sign variances requested be approved subject to encroachment agreements being entered into and that the applicant work with staff to ensure pedestrian safety; 4) That Council enter into an agreement with Ryerson University and the National Water Research Institute for consulting and advisory services; 5) That the existing "no parking" zone on the east side of Corwin Avenue be extended 20 metres south of Lundy's Lane; 6) That the existing "no stopping, tow away zone" be extended south of Fallsview Boulevard to Marineland Parkway and that two -way left turn movement on Fallsview Boulevard and Murray Street be permitted; 7) That the City enter into an encroachment agreement with Mr. Vijay Gupta; 8) That recommendations outlined in report MW -2004 47 be approved; 9) That staff be directed to investigate and secure a suitable storm drainage outlet through the Niagara Falls Golf Course; 10) That Committee receive and file the actions stemming from The Park in the City Committee 11) That Council support and direct the Mayor and Clerk to sign the Memorandum of Understanding with the Copperlen Marketing Group; 12) That Report R -2004 47 2004 Sports Wall of Fame Inductees be received for the consideration of Council; 13) That Council approve the Winter Ice Schedule for the 2004/2005 season; 14) That Council support the continued limited use of pesticides on commercial properties; 15) That the commitment by the Mount Carmel Park Association be forgiven; 16) That the material costs for the 1999 renovations to the Willoughby Volunteer Fire Station be fully refunded. NEW BUSINESS: Ontario Hydro Memorial Request for funding that Council refer the Ontario Hydro Memorial request for funding to the Niagara Falls Hydro Finance Committee. Carried -13- July 12, 2004 Council Minutes 14) That Council approve the Winter Ice Schedule for the 2004/2005 season. 15) That Council support the continued limited use of pesticides on commercial properties. 16) That the commitment by the Mount Carmel Park Association be forgiven. 17) That the material costs for the 1999 renovations to the Willoughby Volunteer Fire Station be fully refunded. NEW BUSINESS: Ontario Hydro Memorial Request for funding that Council refer the Ontario Hydro Memorial request for funding to the Niagara Falls Hydro Finance Committee. Carried 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 15, Special Occasion Permit; Niagara Falls Men's Fastball League that Council indicate it has no objection to the issuance of a Special Occasion Permit to the organization listed in this report; 2. F -2004 44, Annual Investments Report for 2003 for the information of City Council; 3. F- 2004 -45, Municipal Accounts that the City Council approve the municipal accounts totalling $20,222 667.34 for the period ending July 12, 2004; 4. L- 2004 -30, Proposed Permanently Closing of part of Brock Street; Plan 338; 5. L- 2004 -33, Licence Agreement with The Bruce Trail Association; Proposed closing of an unopened road allowance between Gore Lot between Township of Stamford Niagara; and part of Township Lot 7 Stamford; lying between Mewburn Road DP362; 6. MW- 2004 -109, Contract 2004 -09, 2004 Crack Sealing Program that the unit prices submitted by the low tenderer, Roadmaster Road Construction Sealing Ltd. be accepted; 7. MW- 2004 -115, Portable Diesel Powered Sewage Pump, Contract 2004- 111 -01 that the unit prices submitted by the low tenderer, John Brooks Company Limited be accepted; 8. MW- 2004 -116, Consultant Appointment; High Rate Treatment Pilot Study Phase II that the City of Niagara Falls enter into a Consulting Services Agreement with R.V. Anderson Associates Limited for the engineering services required for the joint Regional Municipality of Niagara and City of Niagara Falls High Rate Treatment Pilot Project for the upset limit of $73,050 excluding GST; 9. MW- 2004 -117, Contract 2004 -03, 2004 Asphalt Overlay Road Rehabilitation Program that the unit prices submitted by the low tenderer, Norjohn Limited, be accepted; -14- July 12, 2004 Council Minutes 10. MW- 2004 -118, Contract 2004 136 -04; 2004 New Sidewalk Construction that the unit prices submitted by the low tenderer, Sacco Construction Limited be accepted; 11. MW- 2004 -124, Consulting Services for Pavement Management that the ERES Consultants be retained at a cost of $30,000 excluding G.S.T. to perform a pavement Management System Data Update and staff training; 12. PMP- 2004 -02, Niagara Falls People Mover Project; Ridership and Revenue Study with URS Corporation that Council pass the by -law appearing on tonight's agenda to confirm its decision to authorize the agreement with URS Corporation; 13. R -2004 46, Purchase of One (1) 4 -Wheel Drive John Deere Tractor that Council authorize the purchase of (1) one 4 -wheel drive John Deere tractor for the supplied price of $21,629.86 including all applicable taxes; 14. R 2004 -48, Kalar Park "Home for Girls Soccer Tender #TR17 -2004 Supply and Installation of Sports Lighting Equipment that Tender #TR17 -2004 for the supply and installation of sports lighting equipment at Kalar Park "Home for Girls Soccer'" be awarded to Cyril B Smith Electric Limited, of Vineland Ontario, for the total price of $200,769.45 including all taxes; The motion Carried with Alderman Wing abstaining from the vote on Report PMP 2004 -02 and on Report F -2004 45, on conflicts of interest previously noted; and Aldermen loannoni, Morocco and Campbell abstaining from the vote on Report F- 2004 -45 on conflicts of interest previously noted and with all others voting in favour. RATIFICATION OF "IN CAMERA" MATTERS ORDERED on the motion of Alderman Diodati, seconded by Alderman Morocco, that the actions taken in the "In Camera" session earlier this evening be approved: 1. That staff be authorized to send a counter -offer to the proposed purchaser of City owned lands located north of Mountain Road and south -west of the Q.E.W. 2. That Council approve the addition of one full -time non -union secretary to the approved complement of Fire Services. Carried Unanimously BY -LAWS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that leave be granted to introduce the By -laws and the By -laws be read a first time: 2004 -126 A by -law to amend By -law 79 -200, to permit all of the required parking for certain lands to be provided offsite (Re: AM- 02/2003, Niagara 21s Group Inc.) 2004 -127 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Re: Stop Signs at Intersections) 2004 -128 A by -law to authorize the execution of a Consulting Agreement with URS Corporation respecting services for the Niagara Falls People Mover Project Ridership and Revenue Study. 2004 -129 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Re: Stopping Prohibited, Parking Prohibited, Designated Lanes) -15- July 12, 2004 Council Minutes 2004 130 A by -law to authorize the execution of a Licence Agreement with The Niagara Parks Commission respecting the installation of a sign on the railroad bridge located on McLeod Road at Marineland Parkway, Niagara Falls. 2004 131 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 132 A by -law to amend By -law No. 79 -200, to permit the construction of a triplex dwelling. (Re: AM- 09/2004, Disante Management Inc.) 2004 133 A by -law to amend By -law No. 79 -200, to establish regulations for two rural residential lots created by consent. (Re: AM- 18/2004, Ruth Grandoni) 2004 134 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. 2004 135 A by -law to amend By -law No. 1538. (1958), to permit the establishment of a contractor's yard on land located on the north side of Biggar Road. (Re: AM- 06/2004, River Edge Holdings) 2004 136 A by -law to amend By -law No. 79 -200, to permit an existing building to be used as a dwelling unit and limited GC uses. (Re: AM- 24/2004, Deborah McInnes). 2004 137 A by -law to amend By -law No. 79 -200, to permit the construction of an indoor soccer facility. (Re: AM- 27/2004, 6733 6783 Kalar Road) 2004 138 A by -law with respect to development charges. 2004 139 A by -law to authorize monies for General Purposes (July 12, 2004) 2004 140 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 12 day of July, 2004. The motion Carried with Alderman Wing abstaining from the vote on By -law Nos. 2004- 128; 2004 -130 and 2004 -139 on conflicts of interest previously noted; Alderman Kerrio abstaining from the vote on By -law No. 2004 -138 on conflicts of interest previously noted; and Aldermen Campbell, loannoni and Morocco abstaining from the vote on By -law No. 2004 -139 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Diodati, seconded by Alderman Morocco, that the By -laws be now read a second and third time: 2004 126 A by -law to amend By -law 79 -200, to permit all of the required parking for certain lands to be provided offsite (Re: AM- 02/2003, Niagara 21" Group Inc.) 2004 127 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Re: Stop Signs at Intersections) 2004 128 A by -law to authorize the execution of a Consulting Agreement with URS Corporation respecting services for the Niagara Falls People Mover Project Ridership and Revenue Study. 2004 129 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Re: Stopping Prohibited, Parking Prohibited, Designated Lanes) -16- July 12, 2004 Council Minutes 2004 130 A by -law to authorize the execution of a Licence Agreement with The Niagara Parks Commission respecting the installation of a sign on the railroad bridge located on McLeod Road at Marineland Parkway, Niagara Falls. 2004 131 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 132 A by -law to amend By -law No. 79 -200, to permit the construction of a triplex dwelling. (Re: AM- 09/2004, Disante Management Inc.) 2004 133 A by -law to amend By -law No. 79 -200, to establish regulations for two rural residential lots created by consent. (Re: AM- 18/2004, Ruth Grandoni) 2004 134 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. 2004 135 A by -law to amend By -law No. 1538. (1958), to permit the establishment of a contractor's yard on land located on the north side of Biggar Road. (Re: AM- 06/2004, River Edge Holdings) 2004 136 A by -law to amend By -law No. 79 -200, to permit an existing building to be used as a dwelling unit and limited GC uses. (Re: AM- 24/2004, Deborah McInnes). 2004 137 A by -law to amend By -law No. 79 -200, to permit the construction of an indoor soccer facility. (Re: AM- 27/2004, 6733 6783 Kalar Road) 2004 138 A by -law with respect to development charges. 2004 139 A by -law to authorize monies for General Purposes (July 12, 2004) 2004 140 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 12 day of July, 2004. The motion Carried with Alderman Wing abstaining from the vote on By -law Nos. 2004- 128; 2004 -130 and 2004 -139 on conflicts of interest previously noted; Alderman Kerrio abstaining from the vote on By -law No. 2004 -138 on conflicts of interest previously noted; and Aldermen Campbell, loannoni and Morocco abstaining from the vote on By -law No. 2004 -139 on conflicts of interest previously noted and with all others voting in favour. NEW BUSINESS The Victoria Order of Nurses (VON) Alderman Jim Diodati requested that a letter be forwarded to the Minister of Health in support of the VON and stopping the current process of bringing out -of -town private businesses in. ORDERED on the motion of Alderman Diodati, seconded by Alderman Volpatti. Carried Unanimously.. -17- July 12, 2004 Council Minutes ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, 42- 7}7;:e Satz) DEAN IOR IDA, CITY CLERK R. T. (TED) SALCI, MAYOR