Loading...
2005/05/16NINTH MEETING IN CAMERA SESSION Council met on Monday, May 16, 2005 at 6:30 p.m. in an In Camera Session. All members of Council, were present. Alderman Victor Pietrangelo presided as Chairman. Following consideration of the items presented, the In Camera Session did not rise to report in open session. BY -LAW 2005 -80 To appoint Alderman Vince Kerrio as Acting Mayor. Committee Room #2 May 16, 2005 Prior to dealing with Regular Council matters, the Temporary Acting City Clerk requested that Alderman Vince Kerrio be appointed Acting Mayor through By -law No. 2005 -80, during the indefinite absence of His Worship Mayor Salci. ORDERED on the motion of Alderman Morocco, seconded by Alderman loannoni, that leave be granted to introduce the By -law and the By -law be read a first time. Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the By -law be now read a second and third time. 2005 -80 To appoint Alderman Vince Kerrio as Acting Mayor. REGULAR COUNCIL MEETING Carried Unanimously. Acting Mayor Alderman Vince Kerrio conveyed Mayor Salci's appreciation for the get well wishes received from the residents of Niagara Falls and extended the hope of a speedy recovery on behalf of members of Council. Council Chambers May 16, 2005 Council met on Monday, May 16, 2005 at 7:00 p.m. for the purpose of considering Regular /Planning Business matters. All members of Council, were present. Alderman Joyce Morocco offered the Opening Prayer. 0 CANADA Alexa Kerrio, a student at Niagara Christian Collegiate, sang the National Anthem. ADOPTION OF MINUTES Alderman loannoni requested that the Minutes of May 2, 2005 be amended to reflect that the proclamation she had requested, under New Business should read "Carcinoid Net Month ORDERED on the motion of Alderman Morocco, seconded by Alderman Volpatti, that the Minutes of May 2, 2005 be approved as amended. Carried Unanimously. -2- May 16 2005 Council Minutes DISCLOSURES OF PECUNIARY INTEREST Alderman Wing declared a pecuniary interest on correspondence received from the Niagara Parks Commission dealing with Report PD- 2005 -32, because she owns property with a Niagara Parks employee. Acting Mayor Alderman Vince Kerrio declared conflicts of interest on Report Nos. PD- 2005 -32; PD- 2005 -29 and on Report MW- 2005 -05 from the Consent Agenda. Alderman Victor Pietrangelo expressed a conflict of interest on Report PD- 2005 -31 because he resides in close proximity to the proposed development. Acting Mayor Alderman Vince Kerrio relinquished the Chair due to conflicts of interest previously noted and left the meeting; and Alderman Selina Volpatti was requested to assume the Chair. PLANNING MATTERS PD- 2005 -32 Chief Administrative Officer Official Plan Zoning By -law AmendmentApplication; AM- 03/2005; 5685 5705 Falls Avenue, 4608 4800 Bender Street and 4915 Clifton Hill; Applicant: 1032514 Ontario Ltd.; 1006092 Ontario Ltd.; Canadian Niagara Hotels Inc.; Greenberg International Inc.; Maple Leaf Entertainment Inc. Proposed Hotel and Observation Tower. The report recommends the following: 1. That Council approve the application to amend the Official Plan and Zoning By -law to permit a 230 metre (754 foot) 59- storey hotel and observation tower on the property known as 5705 Falls Avenue and required parking on the balance of the lands shown on Schedule 1; 2. That Council pass the necessary by -law to adopt the Official Plan amendment appearing in Council's agenda as a handout; 3. That before the amending zoning by -law is brought before Council for passing, the applicant be required to execute and the Legal Services Division have ready for registration, a site plan agreement for the proposed development and a Section 37 Agreement, the latter of which shall secure the following matters: a contribution in keeping with Council's adopted formula (based on the floor area that can be occupied) for community benefit which shall be directed toward one or more capital projects approved by Council; an architectural design including, but not limited to, surface articulation, exterior materials, roof structure and pedestrian scale uses, that is satisfactory to the Architectural Peer Review Panel and the Director of Planning and Development; the proposed hotel /tower be placed under By -law No. 79 -200, with site specific amendments to guide the development; Site Plan approval for this project be subject to a further review and endorsement by the Architectural Peer Review Panel to address outstanding design matters. -3- May 16 2005 Council Minutes AND Communication No. 1 Ministry of Transportation. The communication advises as having no comments or concerns at this time. Communication No. 2 Ken J. Murphy, 5401 River Road. The communication expresses opposition to the proposal. Communication No. 3 Niagara Parks Commission. The communication expresses concerns regarding parking, the existing infrastructure as well as vehicular and pedestrian traffic along Falls Avenue both during the construction phase and once the building is operational. AND Communication No. 4 Niagara Parks Commission The communication provides comments and advises that should the proposal intercept or block their wireless communications between various NPC facilities, that the proponent be responsible for all costs of relocating their wireless infrastructure, which ultimately require equipment space on the proposed hotel tower which would be granted at no cost to The Niagara Parks Commission. AND Communication No. 5 Skylon Tower. The communication provides comments on the application. The Temporary Acting City Clerk advised that a public meeting was being convened to consider a proposed Amendment to the City's Official Plan Zoning By -law for the property to permit a 59 storey hotel and observation tower at 5705 Falls Avenue. 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 April 15, 2005 and by posting a sign on the property in question. He informed that anyone wishing to receive notice of the passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, should leave their names on the sign -in sheets outside the Council Chambers. The Director of Planning and Development reviewed the subject property and provided the following information: Proposal: The applicants propose to erect a 48 storey, 229m (751') tall hotel and observation tower with additional mezzanine and mechanical levels (59 storeys in total). Hotels are currently limited to 30 storeys in height in this location. The property is designated Tourist Commercial in the Official Plan. The Plan sets out a number of policies which are used to assess the merits of proposed high -rise developments. Skyline Characterization The Official Plan indicates that the skyline of the City shall continue to be characterized by 3 existing towers the Skylon Tower, the Minolta Tower and the Kodak Tower on the subject lands (section 4.1.23). By replacing the Kodak Tower with the proposed "Rainbow Tower Hotel" a new icon will be created that will contribute to the historic skyline of the city. Various views of the proposed hotel tower demonstrate that the new tower will not overpower the other two towers on the skyline and the prominence of the Skylon Tower will be maintained. -4- May 16 2005 Council Minutes Refinements are necessary such as the visual separation of the tower and hotel components of the new building as recommended by the Architectural Peer Review panel. Building Heights At a total of 59 storeys (751') the proposal would exceed the maximum 30 storey height limit of the Official Plan and would be the tallest building in the City. Justification for the proposed height increase may be summarized as follows: the building's location below the escarpment reduces the impact of the height when compared to other hotels and observation towers the hotel should not have a significant visual impact on Queen Victoria Park nor would it cause any view or shadowing impacts nearby residential and commercial properties will not be affected by shadowing impacts the proposed tower is sufficiently removed from the Horseshoe Falls and does not have any visual, shadow or wind impact on the Falls. Architectural Peer Review The Architectural Peer Review Panel endorses the project's design with some refinements. Summary of Peer Review comments: The 'wall' effect is avoided by maintaining adequate separation distances from the adjacent hotels The podium design helps to protect pedestrians from micro climate conditions and further podium design work needs to be done to provide a high quality pedestrian scale environment To address the increased width of the building (53m verses the 40m recommended in the Implementation Handbook) further work on the architecture needs to be done to visually separate the hotel and tower elements Further refinements to the design are needed to ensure drop off and turning movements are contained to the site and maintain the continuity of the public sidewalk. Impacts on infrastructure Underground services appear to be adequate to accommodate the proposed development. Low -flow appliances should be used. The existing road infrastructure can accommodate anticipated volumes however controls need to be implemented along Falls Avenue to restrict bus parking. Bus and valet drop off and pick -up should be developed to the rear of the Skyline Brock hotel. Section 37 Benefits A cash contribution for floor areas above 30 storeys in the amount of 5% of the value of construction is required for Section 37 Benefits. Other Considerations 5 May 16 2005 Council Minutes To provide for a fair system of calculating the cash contribution the IBI Group recommends that net floor areas of each usable floor be used for the calculation. It is anticipated that the contribution will be in the $1,300,000 to $1,500,000 range. A Section 37 agreement is to be executed prior to passage of a zoning amendment refinements to the architectural design for both the hotel and observation tower will be secured in this agreement. The applicant has already undertaken many streetscape improvements along Falls Avenue and Clifton Hill. Additional improvements may need to be determined and secured prior to site plan approval. The Official Plan Amendment is considered appropriate. The Site Plan and Section 37 Agreements should be ready for registration prior to the passing of an implementing zoning amendment. Adequate on site parking is available in the existing parking structure to accommodate the proposed development. Approximately 280 parking spaces are required. The development will be subject to the site plan control process that will address: The delineation of the hotel and tower, podium design and pedestrian level uses Wind impact mitigation on the laneway north of the tower Pedestrian /vehicular safety with respect to snow and ice accumulation on the tower Safe pedestrian movement in front of the hotel and bus and valet parking to the rear to mitigate traffic along Falls Avenue Landscaping, lighting fire safety and access, servicing vehicular movement and waste disposal. Conclusion: The proposed hotel and observation tower development can be supported since it: Is in keeping with the objectives of the Official Plan Has been justified through planning and design reports commissioned by the developer meets the intent of the applicable design standards and is recommended by the Architectural Peer Review Panel does not appear to have negative impacts in terms of sky view, shadowing and wind on surrounding lands. Recommendation: It is recommended that: 1) Council approve the application to amend the Official Plan and Zoning By -law to permit a 230 m (754') 59- storey hotel and observation tower on the property known as 5705 Falls Avenue and required parking on the balance of the lands shown on Schedule 1; 2) Council pass the necessary by -law to adopt the Official Plan amendment appearing in Council's agenda as a handout; -6- May 16 2005 Council Minutes 3) before the amending zoning by -law is brought before Council for passing, the applicant be required to execute and the Legal Services Division have ready for registration, a site plan agreement for the proposed development and a Section 37 agreement, the latter of which shall secure the following matters: a contribution in keeping with Council's adopted formula for community benefit which shall be directed toward one or more capital projects approved by Council; an architectural design including, but not limited to, surface articulation, exterior materials, roof structure and pedestrian scale Uses, that is satisfactory to the Architectural Peer Review Panel and the Director of Planning and Development; and a completion of streetscaping improveme nts along the abutting street frontages; 4) the proposed hotel /tower be placed under By -law No. 79 -200 with site specific amendments to guide the development; and 5) Site Plan approval for this project be subject to a further review and endorsement by the Architectural Peer Review Panel to address outstanding design matters. Acting Mayor, Alderman Selina Volpatti 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 Acting Mayor Alderman Selina Volpatti's request for comments. Mr. Michael Kirkland, of the Kirkland Partnership, provided a power point presentation on the proposed 751 foot tall hotel and observation tower, the water park, restaurant areas, mezzanine and parking areas at 5705 Falls Avenue. He explained that the proposal was actually 48 storey hotel and observation tower with mezzanine. Ms. N. Jane Pepino from Arid Berlis reviewed the staff recommendation report, addressed Section 37 benefits and to the allocation of these funds to specific City projects and suggested that consideration be given to expanding the funding allocation under a Master Community Improvement Plan for the Clifton Hill sub area; she requested that Council remove Paragraph 4 on page 2 of the recommendation report which states that "the proposed hotel /tower be placed under By -law No. 79 -200 with site specific amendments to guide the development in order that the developer and staff can have greater flexibility by dealing with the existing by -laws related to the property. The Chief Administrative Officer commented that staff's recommendation is that the allocation of funds remain as recommended in staffs report. In response to comments made, the Director of Planning Development advised that by Council not approving 4, it would provide some flexibility for staff to negotiate with the developer. He expressed the view that this was a contemporary development and should have a more contemporary by -law (79 -200) than some of the antiquated by -laws tied to the property. Since no further comments were forthcoming, Acting Mayor, Alderman Selina Volpatti declared the public meeting with regard to AM- 03/2005 closed. ORDERED on the motion of Alderman loannoni, seconded by Alderman Morocco, that the matter be deferred. The motion was Defeated. -7- May 16 2005 Council Minutes Following some discussion, it was ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that the report be received and adopted, and subject to staff bringing back a report to Council to include explanations of Section 37 of the Planning Act, as defined by the IBI Group regarding amendments as to gross or net floor bonusing. The motion Carried with Alderman Wing declaring a conflict of interest on the matter and with the following recorded vote: AYE: Aldermen Campbell, Diodati, Morocco, Pietrangelo, Volpatti NAYE:Alderman loannoni ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that the correspondence be received and filed. Carried Unanimously. See By -law No. 2005 -87 PD- 2005 -29 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 05/2005, 5685 5705 Falls Avenue; 4608 4800 Bender Street 4915 Clifton Hill; Applicants: 1032514 Ontario Ltd.; 1006092 Ontario Ltd.; Canadian Niagara Hotels Inc.; Greenberg International Inc.; Maple Leaf Entertainment Inc., Proposed Waterpark and Enclosed Pedestrian Bridges. The report recommends the following: 1. That Council approve the Zoning By -law amendment to increase the permitted building height to accommodate a waterpark and various enclosed pedestrian bridges; 2. That Council pass the by -law on tonight's agenda to implement the above recommendation. -AND Communication No. 1 Regional Niagara, Planning and Development Department. The communication advises as having no objection to the adoption of the proposed rezoning. Communication No. 2 Ministry of Transportation. The communication provides comments and conditions regarding the proposal. The Temporary Acting City Clerk advised that a public meeting was being convened to consider a proposed Amendment to the City's Zoning By -law to permit increased building height to accommodate a waterpark and enclosed pedestrian bridge at the Canadian Niagara Hotels property. 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 April 15, 2005, and by posting a sign on the property in question. He informed that anyone wishing to receive notice of the passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, should leave their names on the sign -in sheets outside the Council Chambers. The Director of Planning and Development reviewed the subject property and provided the following information: Proposal: The property is designated Major Commercial in the Official Plan. As part of the Northwest Retail District, a full range of retail and commercial outlets are permitted to a maximum of 18,850m (200,000ft Increases up to 24,154m (260,000ft) may be permitted if justified by market conditions. -8- May 16 2005 Council Minutes The applicant's market justification report, which has been reviewed and accepted through peer review, concludes that there is a sufficient market for the proposed expansion. The property is zoned Planning Shopping Centre Commercial (SC -255). To ensure that the plaza is developed in accordance with the market justification findings, a maximum floor area should be capped for Canadian Tire (at 8,410m (90,500ft and the supermarket (4,650m (50,000ft The requested 18m (60') setback for the Canadian Tire expansion is consistent with the required standard for developments in the SC zone and provides adequate setbacks from adjacent residential properties. The enclosed addition would have less impact on dwellings than the existing driveway which remains in its current location. Additional landscaping and buffering for the Canadian Tire expansion should be considered at the site plan stage. The requirements of the Ministry of Transportation with respect to the traffic study and stormwater management analysis will need to be satisfied at the site plan stage. Conclusion: The requested shopping centre expansion can be support since: It is in conformity with the Official Plan The applicant has satisfactorily demonstrated an adequate market for the proposed expansion The zoning amendment will increase the total floor area cap and control the size of the Canadian Tire and A &P Supermarket stores Abutting uses will not be adversely affected by the expansions Traffic issues, stormwater management and buffering will be dealt with through the site plan approval process. Recommendation: It is recommended that: Council approved the Zoning By -law amendment application to increase the maximum gross leasable floor area permitted for the subject land to 24,155m (260,010ft and decrease the northerly side yard setback to 18m (59') in order to accommodate the proposed expansion; and The amending by -law establish a minimum floor cap for the supermarket and the Canadian Tire store. Acting Mayor Alderman Selina Volpatti 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 Acting Mayor Alderman Selina Volpatti's request for comments. Mr. Emilio Raimondo, Piraino Raimondo Associates requested Council's approval of the proposal and by -law. Since no further comments were forthcoming, Acting Mayor, Alderman Selina Volpatti declared the public meeting with regard to AM- 05/2005 closed. -9- May 16 2005 Council Minutes ORDERED on the motion of Alderman loannoni, seconded by Alderman Morocco, that the report be received and adopted. Carried Unanimously. See By -law No. 2005 -85 ORDERED on the motion of Alderman loannoni, seconded by Alderman Morocco, that the correspondence be received and filed. Carried Unanimously. Acting Mayor Alderman Selina Volpatti relinquished the Chair and Acting Mayor Alderman Vince Kerrio assumed the Chair for the balance of the meeting. PD- 2005 -28 Chief Administrative Officer Re: Zoning by -law Amendment Application; AM- 08/2005, 8921 Sodom Road; Applicant: 289900 Ontario Ltd. /Joe Miszk; Proposed: Rezoning of the Land to a Neighbourhood Commercial; Zone Category to Permit the Expansion of the Existing Restaurant. The report recommends the following: 1. That Council approve the Zoning By -law amendment application to place the land under a site specific Neighbourhood Commercial zone and thereby permit an expansion to the existing restaurant, 2. That Council pass the amending by -law, included in tonight's agenda, to implement the above -noted recommendation. -AND Communication No. 1 Regional Niagara, Planning and Development. The communication advises that Regional Planning staff have no objection to the proposed rezoning. The Temporary Acting City Clerk advised that a public meeting was being convened to consider a proposed Amendment to the City's Zoning By -law to permit expansion of an existing restaurant at 8921 Sodom Road. 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 April 15, 2005 and by posting a sign on the property in question. He informed that anyone wishing to receive notice of the passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, should leave their names on the sign -in sheets outside the Council Chambers. The Director of Planning and Development reviewed the subject property and provided the following: Proposal: The applicant proposes a zoning amendment to bring the whole of the property under a Neighbourhood Commercial zoning; to permit a 360m (3,877ft addition to the restaurant; and to recognize both existing and proposed setbacks and landscaping. Planning Analysis: The property is designated Residential in the Official Plan. The Plan permits the recognition or expansion of uses that pre -exist the Official Plan where such uses do not aggravate or impose a danger to abutting uses or contribute to urban renewal problems. -10- May 16 2005 Council Minutes The proposed expansion: has existed for many years without any apparent impacts on surrounding uses is relatively small (25% of the original floor area of the restaurant) and is located further away from sensitive residential uses. does not propose a land use that presents a hazard to abutting uses has access from Sodom Road which is intended to accommodate significant levels of traffic will be buffered from future residential development by a stormwater management pond is contained on the lands currently used for the restaurant and associated parking. Future expansion of the parking area onto the abutting lands to the south will require an Official Plan Amendment (to be pursued at a later time). The property is zoned Highway Commercial under By -law #395, 1966. A Neighbourhood Commercial (NC) zoning would comply with Official Plan policies. The amending by -law can recognize the site specific provisions of By -law #395 and provide for landscaping along the west and south lot lines abutting the parking area and between the building and Sodom Road. Since the NC zone permits development with multiple uses with individual floor areas not exceeding 230m (2,476ft), a clause is to be added to the by -law to permit a single use with a total floor area of 1,482m2 (15,957ft Conclusion: The zoning amendment to accommodate the restaurant expansion can be supported since: It does not offend the non complying uses policies of the Official Plan it is located away from residential uses and should not increase any impacts on the residential area, create safety issues or compromise the future development the amendment will bring the property under a zoning category that better reflects its Official Plan designation and will contain regulations that will restrict the restaurant to the proposed size and configuration. Recommendation: It is recommended that: Council approve the Zoning By -law amendment application to place the land under a site specific Neighbourhood Commercial zone and thereby permit an expansion to the existing restaurant; and Council pass the amending by -law to implement the above noted recommendation. Acting Mayor Alderman Vince Kerrio 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 Acting Mayor Alderman Vince Kerrio's request for comments. Ms. Italia Gilberti was in attendance to answer any questions that might be brought forward. Since no further comments were forthcoming, Acting Mayor Alderman Vince Kerrio declared the public meeting with regard to AM- 08/2005 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the report be received and adopted. Carried Unanimously. PD- 2005 -31 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM -09/2005, 3770 3980 Montrose Road; River Realty (1976) Ltd., Proposed Expansion of Mount Carmel Shopping Centre. The report recommends the following: 1. That Council approve the Zoning By -law amendment application to increase the maximum gross leasable floor area permitted for the subject land from 11,580 square metres (200,000 sq. ft.) to 24,155 square metres (260,010 sq. ft.) and decrease the northerly side yard setback from 30 metres (98.4 ft.) to 18 metres (59 ft.) in order to accommodate the proposed expansion; 2. That the amending by -law establish a maximum floor area cap for the supermarket and the Canadian Tire store as outlined in this report. AND Communication No. 1 Regional Niagara, Planning and Development Department. The communication advises as having no objection to the proposal. AND Communication No. 2 Ministry of Transportation. The communication provides comments and recommendations on the proposal. The Temporary Acting City Clerk advised that a public meeting was being convened to consider a proposed Amendment to the City's Zoning By -law to permit increased gross leasable floor area and decreased setbacks at the Mount Carmel Shopping Centre. 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 April 15, 2005 and by posting a sign on the property in question. He informed that anyone wishing to receive notice of the passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, should leave their names on the sign -in sheets outside the Council Chambers. The Director of Planning and Development reviewed the subject property and provided the following information: Proposal: The applicant proposes an expansion to the existing Mount Carmel Shopping Centre. An increase to the maximum permitted gross leasable floor area from 18,580m (200,000ft to 24,155m (260,010ft and a reduction to the northerly side yard setback for the proposed expansion to the Canadian Tire store from 30m (98.4') t0 18m (59') is requested. Conclusion: The requested shopping centre expansion can be support since: -11- May 16 2005 Council Minutes See By -law No. 2005 -86 It is in conformity with the Official Plan 12 May 16 2005 Council Minutes The applicant has satisfactorily demonstrated an adequate market for the proposed expansion The zoning amendment will increase the total floor area cap and control the size of the Canadian Tire and A &P Supermarket stores Abutting uses will not be adversely affected by the expansions Traffic issues, stormwater management and buffering will be dealt with through the site plan approval process. Recommendation: It is recommended that: Council approved the Zoning By -law amendment application to increase the maximum gross leasable floor area permitted for the subject land to 24,155m2 (260,010ft and decrease the northerly side yard setback to 18m (59') in order to accommodate the proposed expansion; and The amending by -law establish a minimum floor cap for the supermarket and the Canadian Tire store. Acting Mayor Alderman Vince Kerrio 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 Acting Mayor Alderman Vince Kerrio's request for comments. Mr. John Mestik on behalf of the applicant, advised that he was in agreement with staffs recommendation report and requested Council's support of the recommendation report. Since no further comments were forthcoming, Acting Mayor Alderman Vince Kerrio declared the public meeting with regard to AM- 09/2005 closed. ORDERED on the motion of Alderman Morocco, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with Alderman Pietrangelo declaring a conflict of interest. ORDERED on the motion of Alderman Morocco, seconded by Alderman Campbell, that the communications be received and filed. Carried Unanimously. PD- 2005 -30 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 48/2004, 4967 to 4975 Clifton Hill; Applicant: Scott Payton; Agent: Victor Tarnoy; Proposed Amusement Rides /Devices. The report recommends that Council approve the requested Zoning By -law amendment application to permit the three requested amusement rides /devices, on a temporary basis, not exceeding three years. -AND Communication No. 1 Regional Niagara, Planning and Development Department. The communication advises as having no objection to the adoption of the proposed rezoning. The Temporary Acting City Clerk advised that a public meeting was being convened to consider a proposed Amendment to the City's Zoning By -law to permit amusement rides for a three year period at 4967 to 4975 Clifton Hill. 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 April 15, 2005 and by posting a sign on the property in question. He informed that anyone wishing to receive notice of the passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, should leave their names on the sign -in sheets outside the Council Chambers. The Director of Planning and Development reviewed the subject property and provided the following information: Proposal: The applicant proposes to erect 3 amusement rides /devices on the property along Oneida Lane on a temporary basis (not to exceed 3 years). Planning Analysis: The property is designated Tourist Commercial in the Official Plan. A wide range of entertainment uses and tourist attractions are permitted in the Clifton Hill subdistrict. Amusement rides /devices are permitted on a site specific basis due to their possible intrusive nature. The low, small scale nature of the proposed rides /devices fits into existing development and attractions on Clifton Hill. The property is zoned Tourist Commercial. Permitting the requested rides /devices on a temporary basis, as proposed, will allow the City to monitor the use to ensure that no adverse impacts are occurring prior to any future renewals. A 1.5m setback from the property line for the attractions would assist in providing adequate spacing for a barrier along the Oneida Lane sidewalk. Conclusion: The requested rides /devices: 13 May 16 2005 Council Minutes comply with Official Plan policies, complement the festive nature of Clifton Hill, are consistent in scale with surrounding uses, and can be supported. Recommendation: It is recommended that: Council approve the requested Zoning By -law amendment application to permit the 3 requested amusement rides /devices, on a temporary basis, not exceeding 3 years. Acting Mayor Alderman Vince Kerrio 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 Acting Mayor Alderman Vince Kerrio's request for comments. -14- May 16 2005 Council Minutes Mr. Zehid Khalid, 4725 Bender Street indicated that he had inquired about making a similar application and was advised that this was not a permitted use on the vacant land. He also questioned the various people selling on Oneida Lane. The Director of Planning and Development informed that these temporary amusement rides were not a permitted use and needed to be applied for site specifically. Mr. Victor Tarnoy, on behalf of the applicant provided a brief history of the events that had occurred and indicated that the applicant has submitted a zoning amendment application. Since no further comments were forthcoming, Acting Mayor Alderman Vince Kerrio declared the public meeting with regard to AM- 48/2005 closed. ORDERED on the motion of Alderman loannoni, seconded by Alderman Volpatti, that the report be deferred in order that staff come back with a report on the history of this property and also why it was not included in the original recommendation report. Carried Unanimously. ORDERED on the motion of Alderman loannoni, seconded by Alderman Volpatti, that the communications be received and filed. Carried Unanimously. PD- 2005 -33 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 12/2005, 6134/6136 Delaware Street; Applicants: Haroun Sarena Srour; Agent: Matthews, Cameron, Heywood Surveying Ltd., Existing Semi Detached Dwelling, Lot Size and Building Setbacks. The report recommends that Council approve the Zoning By -law amendment application as detailed in this report to recognize the existing semi detached dwelling, lot size and building setbacks. The Temporary Acting City Clerk advised that a public meeting was being convened to consider a proposed Amendment to the City's Zoning By -law to recognize the existing semi detached dwelling at 6134 6136 Delaware Street. 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 April 15, 2005 and by posting a sign on the property in question. He informed that anyone wishing to receive notice of the passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, should leave their names on the sign -in sheets outside the Council Chambers. The Director of Planning and Development reviewed the subject property and provided the following information: Proposal: The applicants propose a site specific Residential Single Family and Two Family (R2) Zone to facilitate the severance of the existing semi detached dwelling and to recognize the use, configuration of the lots and dwelling setbacks. Planning Analysis: The lands have received provisional consent from the City's Committee of Adjustment to create separate deeds for the semi detached dwelling units (File BI 1 /2005 /NF). The property is designated Residential in the Official Plan. This semi detached dwelling has existed for more than 30 years and is compatible with surrounding development. -15- May 16 2005 Council Minutes The property is zoned Residential Single Family 1E Density (R1 E). The semi detached dwelling and associated lot size conformed with pre -1979 zoning provisions and was given legal non conforming status with the passing of By -law 79 -200. The site specific by -law will formally recognize the existing situation. No changes or additions are proposed to the dwelling Conclusion: The requested site specific zoning amendment would facilitate the separation of the existing semi detached units and satisfies Official Plan policies. RECOMMENDATION: It is recommended that: Council approve the Zoning By -law amendment application to recognize the existing semi- detached dwelling, proposed lot sizes and building setbacks. Acting Mayor Alderman Vince Kerrio 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 Acting Mayor Alderman Vince Kerrio's request for comments. Since no further comments were forthcoming, Acting Mayor Alderman Vince Kerrio declared the public meeting with regard to AM- 12/2005 closed. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that the correspondence be received and filed. Carried Unanimously. COMMUNICATIONS Victorian Order of Nurses Re: Proclamation. The communication requests that Council proclaim the week of May 16 -22, 2005 as "National VON Week ORDERED on the motion of Alderman loannoni, seconded by Alderman Pietrangelo, that the request be approved. Carried Unanimously. Inter Departmental Memorandum and Correspondence from the Downtown B.I.A. Re: Use of the 2005 budgeted CIP funds. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, to go ahead and expend the funds to bring this project forward. Carried Unanimously. Correspondence from Mr. J. Brucato Re: Billboards in Chippawa and Memo from the Director of Municipal Works. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, to refer the correspondence to staff. Carried Unanimously. -16- May 16 2005 Council Minutes Following some discussion, it was ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni, that staff bring back a report detailing whether restrictions can be imposed on offensive billboard content in certain areas of the City and further, whethera moratorium can be introduced restricting billboard signs until the implementation of the new sign by -law. Carried Unanimously. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the actions taken in Community Services Committee, earlier this evening, be approved. 1. That the Minutes of the May 2, 2005 Community Services Committee be approved; 2. That a parking restriction be implemented on Crawford Street and permit parking on London Court; 3. That information on the Waters Avenue Environmental Assessment be received and filed; 4. That the "Guidelines for the Preparation of Parking Demand Analysis Studies" be adopted and that the City proceed with the update of parking requirements; 5. That staff proceed with the site selection process for a new twin pad arena. New Business: That financial assistance for Jim Gillian of Brock University be received and filed. Carried. L- 2005 -20 Chief Administrative Officer Re: Ascot Woods Ltd. Land Exchange with City East of Beaverton Boulevard. The report recommends the following: 1. That part of Block 67, Plan 59M -307 shown hatched and marked as "City lands" on Schedule "A" attached, be declared surplus. 2. That Council dispense with the requirement to give notice to the public by way of advertisement of the transfer of part of Block 67, Plan 59M -307 to Ascot Woods and that this will constitute notice to the public with respect to the proposed sale of part of Block 67, Plan 59M -307 as shown as City lands on Schedule "A" attached to Ascot Woods Ltd. and same will be considered by Council at its meeting of May 30, 2005, in the Council Chambers at 7:00 p.m.. 3. That a land exchange be considered as follows: 1. That the City lands be transferred to Ascot Woods Ltd. "Ascot for nominal consideration and further that Ascot pay for all costs associated with the transfer. 2. That lands as shown as "Ascot lands" on Schedule "A" attached be acquired by The Corporation of the City of Niagara Falls from Ascot Woods Ltd., for nominal consideration and further that Ascot pay for all costs associated with the transfer. -17- May 16 2005 Council Minutes ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that the report be received and adopted. Carried Unanimously. After Report L- 2005 -20 was approved by Council, Acting Mayor Alderman Vince Kerrio read the following: With the approval of Report L- 2005 -20, Council has declared City lands described as Block 67, Plan 59M -307 surplus. Also, because the lands in question are being offered to the abutting owner, the requirement of giving notice to the public by way of advertisement in the paper has been dispensed. Therefore, Council hereby gives verbal notice that the transfer of part of Block 67, Plan 59M -307 to Ascot Woods Ltd. in exchange for part of Block 26, Plan 59M -307 will be considered by Council at its meeting of May 30` 2005 in the Council Chambers at 7:00 p.m. If anyone from the public has any questions, they are to contact Mary Morrone, Law Clerk at City Hall. L- 2005 -23 Chief Administrative Officer Re: Washington Mills Ltd., Assignment of Agreements to 1149962 Ontario Limited; Part of Ramsey Road. The report recommends the following: That Council consents to the assignment of the following Agreements to 11499622 Ontario Limited: 1. License Agreement, dated April 3rd,1985 between The Corporation of the City of Niagara Falls "City and Washington Mills Limited "Washington permitting Washington to maintain and use part of a road allowance being Ramsey Road "City lands shown hatched on Schedule "A" attached to this report, as a driveway in connection with its business until it is needed for municipal purposes, for $1,000.00 per year; 2. Indemnification Agreement, dated December 7, 1992 between Washington and the City permitting Washington to construct, install and maintain a watermain at its expense along City lands shown hatched on Schedule "B" attached to this report, for nominal consideration. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, 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 loanonni, that Report MW- 2005 -06 be moved out of the Consent Agenda and considered separately. Carried Unanimously. -18- May 16 2005 Council Minutes ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that Report MW- 2005 -65, Willoughby Drive Extension (Detenbeck Road to Bossert Road) Development Agreement (Giampa and Howard) be approved. Carried. ORDERED on the motion of Alderman loannoni, seconded by Alderman Pietrangelo, that the recommendations contained in each of the reports on the Consent Agenda be approved. 1. L- 2005 -22, Re: LeBlanc Marcel Encroachment Agreement, 4223 May Avenue. That the building located at 4233 May Avenue be permitted to continue encroaching three feet by twenty -three feet in length, on May Avenue and that an Encroachment Agreement be entered into with Marcel LeBlanc, for nominal consideration. 2. MW- 2005 -60, Traffic Control Signal Devices; Maintenance Operations Agreement that Schedule "C" of the Traffic Control Signal Devices Maintenance Operations Agreement, be amended, to include Rates and Fees for Labour and Equipment for 2005 that the City renew the Traffic control Signal Devices Maintenance and Operations Agreement with the Regional Municipality of Niagara, until December 31, 2007; and that the Mayor and Clerk be authorized to execute the said agreement; 3. MW- 2005 -61, COMRIF Funding that this report be received for information; 4. MW- 2005 -62, Drummond Road Environmental Assessment Appointmentofa Consulting Engineer that the City of Niagara Falls enter into a Consulting Services Agreement with Matrix Innovations Inc. For $60,000 excluding GST for the Class Environmental Assessment for Drummond Road from McLeod Road to Lundy's Lane; 5. MW- 2005 -63, Tender Award, Contract 2005 -02, Sidewalk Concrete Repair Program that the unit prices submitted by the low tenderer, Alfidome Construction Limited, be accepted; 6. PD- 2005 -25, Matters Arising from the Municipal Heritage Committee Meeting, April 27, 2005 that Council approve the sign illustrated as Sign.2 by Signature Signs to be erected in the southerly front yard. Carried BY -LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that leave be granted to introduce the By -laws and the By -laws be now read a first time: 2005 -81 A by -law to establish Part 1 on Reference Plan 59R -6976 as a public highway, to be known as and to form part of Willoughby Drive. 2005 -82 A by -law to appoint certain City officials as signatories for banking purposes. 2005 -83 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 -84 A by -law to amend By -law No. 79 -200, to permit the development of a residential plan of subdivision between Garner Road and Kalar Road, north of Westport Drive and on the south side of the hydro corridor (AM- 20/2004, Garner Village) -19- May 16 2005 Council Minutes 2005 -85 A by -law to amend By -law No. 79 -200 and 5335, 1955 to permit increased height for a water park and a series of enclosed pedestrian walkways (Re: AM- 05/2005, 5685 Falls Avenue) 2005 -86 A by -law to amend By -law Nos. 79 -200 and 395, 1966, to put the property under By -law No. 79 -200 and provide regulations for the expansion of the restaurant on the property (AM- 08/2005, 8921 Sodom Road) 2005 -87 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan (OPA #61, 5705 Falls Avenue) 2005 -88 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 16 day of May, 2005. The motion Carried with Alderman Wing voting contrary to By -law No. 2005 -87 and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that the By -laws be now read a second and third time: 2005 -81 A by -law to establish Part 1 on Reference Plan 59R -6976 as a public highway, to be known as and to form part of Willoughby Drive. 2005 -82 A by -law to appoint certain City officials as signatories for banking purposes. 2005 -83 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 -84 A by -law to amend By -law No. 79 -200, to permit the development of a residential plan of subdivision between Garner Road and Kalar Road, north of Westport Drive and on the south side of the hydro corridor (AM- 20/2004, Garner Village) 2005 -85 A by -law to amend By -law No. 79 -200 and 5335, 1955 to permit increased height for a water park and a series of enclosed pedestrian walkways (Re: AM- 05/2005, 5685 Falls Avenue) 2005 -86 A by -law to amend By -law Nos. 79 -200 and 395, 1966, to put the property under By -law No. 79 -200 and provide regulations for the expansion of the restaurant on the property (AM- 08/2005, 8921 Sodom Road) 2005 -87 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan (OPA #61, 5705 Falls Avenue) 2005 -88 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 16 day of May, 2005. The motion Carried with Alderman Wing voting contrary to By -law No. 2005 -87 and with all others voting in favour. Hyatt Gaming NEW BUSINESS ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that since Hyatt Gaming is effectively in control of our two casinos, and since Clare Copeland is the fourth CEO of FMC since 1997 and not aware of many of the issues, City Council demands a meeting with Neil Blum, Chair of Hyatt Gaming to discuss all outstanding issues, including the $40 million amphitheatre; Project Share Go Cart Race Fundraiser Niagara Falls Golf Club Federal Budget Bill Niagara Falls City Budget 20 May 16 2005 Council Minutes That City staff be instructed and authorized to notify any jurisdiction that requests information regarding Hyatt Gamin g's performance in operating the 2 Niagara Falls casinos of Council' dissatisfaction with Hyatt' management expertise and Hyatt's refusal to live up to their promises to our residents; That City Council insists that both gaming facilities remain open, and that Hyatt not be permitted to kill the old casino with a slow death by poor management and marketing strategies; That Hyatt Gaming inform the City and the Province of what steps it is taking to market and manage the Falls Avenue casino so that it is competitive; That the Province make public its contract with Hyatt Gaming; That the Legal Department of the City of Niagara Falls inform this Council at our next regular Council of what legal strategies are available to us to have the contract between the Province and Hyatt Gaming be made public; and further, that M.P.P. Kim Craitor be invited to an upcoming Council meeting to provide an update on outstanding issues such as the $40 million amphitheatre and to look into whether Minister Sorbara's office has set a date for Council to meet with the Minister. Carried Unanimously. Alderman Joyce Morocco expressed her appreciation to Project Share for their event and to the 20 Corporate teams who participated in the Go Cart Race. She advised that the City won First Place in the event. Alderman Joyce Morocco advised that Mr. Tony Evershed, Head Professional at the Niagara Falls Golf Club, would be starting a Jr. Golfers Program at the Club with bus service being made available to the kids participating in the program. Alderman Carolynn loannoni referred to correspondence received from AMO, urging Municipal leaders to contact their Federal MP's to support the passage of the Federal Budget Bill. ORDERED on the motion of Alderman loannoni, seconded by Alderman Volpatti, that a letter be forwarded to our local M.P. Rob Nicholson, advising him that Niagara Falls City Council supports the passage of the Federal Budget Bill. The motion Carried with Alderman Wing expressing opposition to the motion. ORDERED on the motion of Alderman Diodati, seconded by Alderman loannoni, that Council direct staff to prepare a report on the use of information from the Annual Municipal Performance Measurements Program and the BMA Municipal study for the purpose of providing guidance in the preparation of the 2006 Budget. Carried Unanimously. Employee Recognition ORDERED on the motion of Alderman Diodati, seconded by Alderman Campbell, to direct staff to look into an incentive plan for creative employee suggestions that benefit the Corporation and benefit the entire City. Carried Unanimously. Gas Prices ORDERED on the motion of Alderman Diodati, seconded by Alderman Wing, that Senior Marketing personnel from the various gas companies, such as Esso /Imperial /PetroCan and Sunoco be invited to attend an upcoming Council meeting to explain why Niagara Falls gas prices are artificially higher in comparison to other municipalities and why there was a lack of competition in Niagara Falls. Carried Unanimously. Ontario Power Generation Regional Long Distance Fees READ AND ADOPTED, -21- May 16 2005 Council Minutes McHappy Day Alderman Jim Diodati informed Council that May 18 2005 was "McHappy Day" and that the proceeds from the event would go to Children's Charities; and that the funds received from the Niagara Falls McDonald's would be donated to Ronald MacDonald House in Hamilton and invited everyone to participate in this worthwhile cause. ORDERED on the motion of Alderman Diodati, seconded by Alderman loannoni, to refer to staff the possibility of capping and backfilling the Hydro Canal with the excavated material from the new tunnel project. The motion Carried with Aldermen Volpatti and Wing voting contrary to the motion and with all others voting in favour. ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that a letter of support be forwarded to the City of Welland regarding the elimination of the Intra- Regional long distance fees within Niagara. Carried Unanimously. ORDERED on the motion of Alderman loannoni, seconded by Alderman Pietrangelo, that the meeting be adjourned at 10:30 p.m. Carried Unanimously. TONY RAVENDA, ACTING CITY CLERK ALD. VIN KERRIO, ACTING MAYOR