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2005/01/31SECOND MEETING IN CAMERA SESSION Committee Room #2 January 31, 2005 Council met on Monday, January 31, at 6:30 p.m. in an In Camera Session. All members of Council, with the exception of Alderman Volpatti, who was on holiday, were present. Alderman Jim Diodati presided as Chairman. Following consideration of the items presented, the In Camera Session did not rise to report in open session. READ AND ADOPTED, r ePifk- DEAN IORF A, gITY CLERK R. T. (TED) SALCI, MAYOR REGULAR COUNCIL MEETING Council Chambers January 31, 2005 Council met on Monday, January 31, 2005 at 7:15 p.m. for the purpose of considering Regular /Planning Business matters. All members of Council, with the exception of Alderman Volpatti, who was on holiday, were present. Alderman Jim Diodati offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Morocco, seconded by Alderman Pietrangelo, that the Minutes of the January 17, 2005 Council meeting be adopted as printed. Carried Unanimously. DISCLOSURES OF PECUNIARY INTEREST Alderman Morocco indicated a conflict of interest on Report PD- 2005 -09, because the development backs onto her residence. Alderman Pietrangelo indicated a conflict of interest on By -law No. 2005 -10, because the Niagara Catholic District School Board is his employer. Alderman Wing indicated a conflict of interest on an In Camera item. Regional Council Update DEPUTATIONS His Worship Mayor Salci welcomed and introduced Regional Councillor, Anne Angelone, who commented on the congestion at border crossings, the development of the Niagara /G.T. A. Corridor, the expansion of the 406 and discussed the expansion of Regional Headquarters. Ms. Angelone thanked the members for the opportunity to address Council. -2- Niagara Falls Big Brothers Big Sisters Association Inc. Centennial Day Update PLANNING MATTERS January 31 .2005 Council Minutes Mr. Jon Braithwaite, Executive Director, Niagara Falls Big Brothers Big Sisters provided background information on the Big Brothers Big Sisters' various programs, including a new program called "Go Girls" aimed at girls aged 12 -14 years old. He promoted the organization's 3i Annual Bowl For Kids Sake Campaign being held on February 19, 2005 at Cataract Lanes. An invitation was extended to members of Council and City employees to participate in this worthwhile event. Alderman Jim Diodati provided highlights of the various Centennial Day activities, held on December 11, 2004 at Queen Victoria Park. He thanked all the hotels, restaurants and attractions for their participation and to the volunteers who were involved in the festivities. His Worship Mayor Salci presented cheques to Nova House, the Greater Niagara General Hospital Foundation, Cystic Fibrosis; and Project SHARE from funds generated from the Centennial Day initiatives. PD- 2005 -09 -Chief Administrative Officer Official Plan Zoning By- IawAmendment Applications; AM- 42/2004, Southwest Corner of McLeod Road and Alex Avenue; Applicant: TAGC Holdings (Carmen Grisafi); Agent: Michael Allen, Architect. The report recommends the following: 1. That Council approve an amendment to the Official Plan to change the designation of the lands on the southwest corner of McLeod Road and Alex Avenue from Residential to Minor Commercial and to place a Special Policy Area designation on the land to specifically control the proposed development; 2. That Council approve the requested amendment to the Zoning By -law to change the zoning of the subject land to two site specific General Commercial (GC) zones in order to: a) limit the development of the east portion of the land for a hotel only, permit the hotel to have a building height of 16 metres (53 feet) and exempt the hotel from having to provide a restaurant; b) limit the development of the west portion of the land to 2,576 square metres (27,732 square feet) of retail /office /restaurant space with a holding (H) provision requiring the completion of a market need and justification report prior to construction; c) limit the height of the development on the west portion to two storeys and prohibit any restaurants from the south half of this portion; d) implement setbacks for building is as proposed on Schedule 2; and 3. Direct that residents be involved in the site plan approval process. 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 designate lands on the southwest corner of McLeod Road and Alex Avenue from Residential to Minor Commercial to permit a hotel and retail office and restaurant space. He further advised that the Notice of the Public Meeting had been given by Prepaid First Class mail, in accordance with the Planning Act on December 30, 2004 and by posting a sign on the property in -3- January 31 2005 Council Minutes question. He informed that anyone wishing to receive notice of the passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, should leave their names on the sign -in sheets outside the Council Chambers. The Director of Planning and Development reviewed the subject property, through the use of posted sketches; the application was first considered in November. Since then, the developer, residents and staff had met to resolve some of the outstanding concerns. The Planner indicated that the ingress and egress onto Alex Avenue had been eliminated and the developer will cost share on signalization at McLeod Road and Alex Avenue. He pointed out that since McLeod Road was a Regional Road, the Region would be undertaking a complete environmental assessment and would have the final say on traffic and signal issues. The Planner referred to the provision of a 30- foot buffer, which is quite extensive, and the plan for a tree study in order to preserve as many mature trees as possible. He stated that the height had been reduced to a four stories with an architectural roof feature and that the commercial plaza would be limited to two stories. The Director of P lanning and Development commented that other concerns regarding the Motel 6 project such as appearance, location amenities and bus parking associated with this hotel would be dealt with through the site planning process. He advised that staff were recommending that the project move forward. 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. Rick Merlino, 5817 Aspen Court, advised that the developers have accommodated the concerns of the residents and enquired whether the residents would be involved in the site planning process. Mr. Brian Sinclair, Solicitor, on behalf of the applicant, advised that this was a good project, which would be less intrusive on the area residents. He requested Council's approval of the application. Mr. Michael Allen, Architect, expressed his appreciation to staff and indicated that the developer would welcome the neighbours' input through the site plan process. Since no further comments were forthcoming, Mayor Salci declared the public meeting with regard to AM- 42/2004 closed. ORDERED on the motion of Alderman loannoni, seconded by Alderman Diodati, that the report be received and adopted. Carried Unanimously. MAYOR'S REPORTS, ANNOUNCEMENT His Worship Mayor Salci provided the highlights of the achievements of 2004 and outlined the initiatives in 2005 in his State of the City address. His Worship Mayor Salci advised that letters of condolence had been forwarded to the family of the late Lenora Vokey, mother of Cyril Vokey and Ann MacDonald and mother -in -law of Chief Administrative Officer, John MacDonald; and to the family of the late Paul Babel, father of Paula Babel in the Clerk's Department. COMMUNICATIONS -4- January 31 2005 Council Minutes Communication No. 08 Ontario Association for Marriage and Family Therapy Re: Proclamation. The communication requests that the week of February 14 -18, 2005 be proclaimed as "Marriage Checkup Week ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati that the request be approved. Carried Unanimously. RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that the actions taken in Community Services Committee, earlier this evening, be approved. 1. Adoption of the minutes of the January 17, 2005 Community Services Committee meeting; 2. That the report on the Pavement Management Summary be received and filed for the information of Council; 3. The Kiwanis Bus Bench Program be referred to staff for further review; 4. That the proposal put forward by Integrated Municipal Services be received and filed; 5. That the Forsythe Street and Desson Avenue Intersection Control Review be received for the information of Council; 6. That Council be advised of when property within the vicinity of the Lundy's Lane Battlefield is placed on the market for sale. That Council support, by way of a letter, the request for change in Provincial legislation for redundant schools in the Lundy's Lane Battlefield area further, that Council direct staff to investigate possible rezoning for these historical lands; 7. That the report on Minor Hockey be deferred to such time the president of the Niagara Falls Minor Hockey Association is able to attend; 8. That Council accept the Terms of Reference for a Service Delivery Review with Alderman Campbell, Alderman Pietrangelo and Mayor Salci as committee members. Carried with Alderman loannoni and Alderman Wing opposed to item #8. F- 2005 -02 Chief Administrative Officer Re: Borrowing By -law. The report recommends the following: 1. That Council approve the borrowing of up to a maximum sum of $23,000,000 for current expenditures; 2. That Council approve the borrowing of up to a maximum sum of $17,500,000 for the acquisition of the CNCP Railway Corridor; 3. That Council approve the borrowing of up to a maximum sum of $15,000,000 for the purpose of paying the City's share for construction of the Community Centre. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that the three recommendations in the report be approved, and further, that staff come back with an updated report as to the costs -to -date of the Community Centre. The motion Carried with Alderman loannoni voting contrary to Recommendation #2 and Alderman -5- January 31 2005 Council Minutes Wing indicating a conflict of interest on Recommendation #2, dealing with the People Mover System and with all others voting in favour. F- 2005 -03 Chief Administrative Officer Re: Sewer Consumption Rate Credit. The report recommends for the information of Council. ORDERED on the motion of Alderman loannoni, seconded by Alderman Kerrio, that the report be received and filed. Following some discussion, it was ORDERED on the motion of Alderman Morocco, seconded by Alderman Wing, that staff meet with the businesses with delinquent taxes to encourage them to apply the sewer credit towards their taxes. Carried Unanimously. Following further discussion, it was ORDERED on the motion of Alderman loannoni, seconded by Alderman Pietrangelo, that the Region be requested to cover the administrative costs of the rebate. The motion Carried with Alderman Wing voting contrary to the motion and with all others voting in favour. F- 2005 -04 Chief Administrative Offi cer Re: Niagara Falls Art Gallery, 8058 Oakwood Drive. The feport recommends for the decision of Council. Mr. Garry Beck and Mr. John den Ouden expressed their opposition to the request of the Niagara Falls Art Gallery for a grant to pay its Municipal Tax Arrears, penalties and interest. Mr. Bryan Smylski, Niagara Falls Art Gallery provided a brief summary of the events that had taken place, advised that the Art Gallery was going through an appraisal process but had a verbal appraisal estimating their art at $4million and provided clarification on concerns expressed regarding whether the art collection would remain in Niagara Falls. Following the discussion, it was ORDERED on the motion of Alderman Morocco, seconded by Alderman Kerrio, that Council not accept the request by the Niagara Falls Art Gallery for a grant to pay its Municipal Tax Arrears, penalties and interest. The motion Carried with Aldermen Campbell and Diodati voting contrary to the motion. ORDERED on the motion of Alderman Morocco, seconded by Alderman Kerrio, that the communications be received and filed. Carried Unanimously. F- 2005 -05 Chief Administrative Officer Re: Interim Tax Levy. The report recommends the following: 1. That Council approve the 2005 Interim Tax Levy Calculation; 2. That Council approve the passing of a by -law providing for a 2005 Interim Tax Levy. ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni, that the report be received and adopted. Carried Unanimously. See By -law No. 2005 -17 F- 2005 -06 Chief Administrative Officer Re: Approval of Spending Limits prior to the Approval of the 2005 Budget Estimates. The report recommends that, in the absence of an adopted 2005 Current Budget, City Council approve the following: 1. City departments be allowed to incur costs to a level of 50% of the departmental expenditure budget of the prior year; 2. New capital items deemed essential by a department be approved by City Council prior to purchase; 3. That this policy be communicated to all Commissions, Boards and Agencies, and that City contributions not exceed a monthly pro rata share of the prior year's -6- January 31 2005 Council Minutes support. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Morocco, that the report be received and adopted. Carried Unanimously. CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Wing, that all of the recommendations contained in the Consent Agenda reports be approved. 1. L- 2005 -05, Navy League of Canada and The Corporation of the City of Niagara Falls Lease Agreement- that the City enter into a Lease Agreement with Navy League of Canada (Ontario Division) "Navy League which Lease is attached hereto as Schedule "A for the lands and premises municipally known as 5646 Leonard Avenue, Niagara Falls "Demised Premises 2. L- 2005 -07, Fidelity Bond Coverage- For information of Council and compliance with requirements of the Municipal Act, 2001; 3. MW- 2005 -10, Niagara Union Property Development Inc., Condominium Agreement with City that 0.78 metres of the 3.05 metre widening dated to the City be conveyed back to the condominium corporation for that area containing the existing entrance and overhand; Carried Unanimously. RESOLUTIONS NO. 01 DIODATI PIETRANGELO BE IT RESOLVED that the Regional Municipality of Niagara be petitioned to reduce its Council size and further be it resolved, that the Regional Municipality of Niagara and the lower -tier municipalities in Niagara consider having representatives sit on both levels of municipal government, to reduce the number of municipal politicians. The motion Carried with Alderman Wing voting contrary to the motion and with all others voting in favour. NO. 02 PIETRANGELO DIODATI THEREFORE BE IT RESOLVED, the subject lands be and the same is hereby declared surplus to the City's needs and reconveyed to the abutting owner, Niagara Union Property Development, for nominal consideration. AND THEREFORE FURTHER BE RESOLVED that this shall constitute notice that at its meeting to be held the 14'" day of February, 2005 at the Council Chambers, City Hall, 4310 Queen Street, in the City of Niagara Falls, at 7:00 p.m., the Council of The Corporation of the City of Niagara Falls will consider the proposed closing and reconveyance of the subject lands, to Niagara Union Property Development, for nominal consideration. The contact person is Mary Morrone. Carried Unanimously. -7- BY -LAWS January 31 2005 Council Minutes Prior to the By -laws being dealt with, Mr. Victor Elms requested to speak to By -law No. 2005 -18 regarding amending By -law No. 79 -200, to permit the construction of an apartment dwelling (Re: AM- 29/2004, Victor Elms, Leader Lane through to Stanton Avenue). Mr. Elms provided a brief history of the events that had taken place with respect to his proposal to construct a 4 storey apartment building and of Council's decision to rezone the property conditional upon the right of way across the laneway, a closed section of Leader Lane, that was only about 30 feet wide and not suitable for a public road. Mr. Elms requested that Council pass the motion to give him the rezoning from R2 to R4 as voted on at the June 26, 2004 meeting, and further, to join the piece of the closed section of Leader Lane to his property in order that he could build a private driveway over it. He advised that he would be willing to have an easement for the local residents in order to continue using the lane for pedestrian and bicycle traffic. The City Solicitor commented that Council had approved the zoning by -law amendment for a 4 storey, nine unit apartment building, conditional upon the applicant entering into all necessary agreements to obtain a right of way for driveway access with the unopened Leader Lane road allowance prior to passage of the amending zoning by -law. Following the discussion, it was ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni, that the matter be referred back to staff for a report, and that the area residents be circulated, and further, that the Trail and Bikeway Committee be requested to comment. Carried Unanimously. His Worship MayorSalci received a negative response to his request whether there was anyone present that had an interest respecting By -law No. 2005 -10, Part of Lot 38, Plan 11 located on the south east side of Lewis Avenue. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati, that leave be granted to introduce the By -laws and the By -laws be now read a first time 2005 -10 A by -law to authorize the conveyance to Niagara Catholic District School Board respecting Part of Lot 38, Plan 11 located on the south east side of Lewis Avenue. 2005 -11 A by -law to amend By -law No. 79 -200, to permit the expansion of a commercial plaza. (Re: AM- 45/2004, 5816 and 5846 Drummond Road) 2005 -12 A by -law to amend By -law No. 79 -200, to permit a billiard hall. (Re: AM- 51/2004, 8123 Lundy's Lane). 2005 -13 A by -law to establish Part 3 on Reference Plan 59R -12340 as a public highway, to be known as and to form part of Garner Road. 2005 -14 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 36/1999, Rainbow Hotel Restaurant) 2005 -15 A by -law to establish Part 3 on Reference Plan 59R- 12608, as a public highway, to be known as and to form part of Kalar Road. 2005 -16 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Parking Prohibited) 2005 -17 A by -law to provide an interim levy of realty taxes. -8- January 31 2005 Council Minutes 2005 -18 A by -law to provide for appointments to certain Boards, Commissions and Committees. 2005 -19 A by -law to authorize temporary borrowing. 2005 -20 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 31s day of January, 2005. The motion Carried with Alderman Pietrangelo indicating a conflict of interest on By -law No. 2005 -10; Aldermen loannoni and Wing voting contrary to By -law No. 2005 -12 dealing with the Committee of Adjustment matter; Aldermen loannoni and Wing voting contrary to By -law No. 2005 -18; and Alderman loannoni voting contrary, with Alderman Wing having declared the previously noted conflict, to Section #2 in By -law No.2005 -19 and with all others voting in favour. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Pietrangelo, that the By -law be now read a second and third time: 2005 -10 A by -law to authorize the conveyance to Niagara Catholic District School Board respecting Part of Lot 38, Plan 11 located on the south east side of Lewis Avenue. 2005 -11 A by -law to amend By -law No. 79 -200, to permit the expansion of a commercial plaza. (Re: AM- 45/2004, 5816 and 5846 Drummond Road) 2005 -12 A by -law to amend By -law No. 79 -200, to permit a billiard hall. (Re: AM- 51/2004, 8123 Lundy's Lane). 2005 -13 A by -law to establish Part 3 on Reference Plan 59R -12340 as a public highway, to be known as and to form part of Garner Road. 2005 -14 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 36/1999, Rainbow Hotel Restaurant) 2005 -15 A by -law to establish Part 3 on Reference Plan 59R- 12608, as a public highway, to be known as and to form part of Kalar Road. 2005 -16 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Parking Prohibited) 2005 -17 A by -law to provide an interim levy of realty taxes. 2005 -18 A by -law to provide for appointments to certain Boards, Commissions and Committees. 2005 -19 A by -law to authorize temporary borrowing. 2005 -20 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 31s day of January, 2005. The motion Carried with Alderman Pietrangelo indicating a conflict of interest on By -law No. 2005 -10; Aldermen loannoni and Wing voting contrary to By -law No. 2005 -12 dealing with the Committee of Adjustment matter; Aldermen loannoni and Wing voting contrary to By -law No. 2005 -18; and Alderman loannoni voting contrary, with Alderman Wing having declared the previously noted conflict, to Section #2 in By -law No.2005 -19 and with all others voting in favour. NEW BUSINESS Chambers of Commerce Update READ AND ADOPTED, Fundraiser for Heart Niagara Alderman Carolynn loannoni referred to correspondence received from Mr. Gary Taylor, who will be riding a bike to raise money for Heart Niagara and encouraged sponsors for his endeavour. Alderman Carolynn loannoni provided a brief update on the recently held Chamber of Commerce Board meeting and discussed the Chambers stand on the new hospital. She extended an invitation to members of Council to attend the Board's Annual General meeting on February 24 2005 with Premier Dalton McGuinty being in attendance. Alderman loannoni requested that Council receive a copy of the Niagara Health System's Information package, which had been provided at the Chamber's Board meeting. January 31 2005 Council Minutes ORDERED on the motion of Alderman Kerrio, seconded by Alderman Campbell, that the meeting be adjourned. Carried Unanimously. DEAN IO9FIDA,jCITY CLERK R. T. (TED) SALCI, MAYOR