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2005/05/30MacBain Community Centre Campaign Council met on Monday, May 30, 2005 at 6:15 p.m. in an In Camera Session. All members of Council, with the exception of Aldermen Campbell, loannoni and Mayor Ted Salci, were present. Alderman Janice Wing presided as Chairman. Following consideration of the items presented, the In Camera Session did not rise to report in open session. Council met on Monday, May 30, 2005 at 7:15 p.m. for the purpose of considering Regular /Planning Business matters. All members of Council, with the exception of Aldermen Campbell, loannoni and Mayor Ted Salci, were present. Alderman Selina Volpatti offered the Opening Prayer. Mayor's Disability Advisory Committee ELEVENTH MEETING IN CAMERA SESSION REGULAR COUNCIL MEETING ADOPTION OF MINUTES PRESENTATIONS DEPUTATIONS Committee Room #2 May 30, 2005 Council Chambers May 30, 2005 Alderman Wing requested that the Minutes of May 16, 2005 be amended to reflect her conflict of interest on By -law No. 2005 -87 and her opposition to the motion on the OPG matter under New Business. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the Minutes of May 16, 2005 be approved as amended and that the Minutes of May 19, 2005 be approved as printed. Carried Unanimously. Dr. Ian Brown, Campaign Chair and Mr. Stephen Butz, CEO, YMCA of Niagara provided a brief update on the on the Community Centre Campaign, the services provided and presented a $250,000 cheque to the City. Acting Mayor Alderman Vince Kerrio accepted the cheque on behalf of the City. Paisley Janvary-Pool, Chair, the Mayor's Disability Advisory Committee, and Sandy Bird, member of the Mayor's Disability Advisory Committee and the Regional Accessibility Advisory Committee, discussed the Committee's mission statement, activities and requested that the week of May 30 to June 5 2005 be proclaimed as National Access Awareness Week" in the City of Niagara Falls. Stamford Collegiate Following the presentation, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the week of May 30 to June 5 2005 be proclaimed as "National Access Week in the City of Niagara Falls. Carried Unanimously. The City Clerk, who sits on the Mayor's Disability Advisory Committee, advised that on June 2, 2005 some staff members would be utilizing wheelchairs as part of their normal working day, in order to assess wheelchair accessability at City Hall. He also introduced the Committee's annual plan and requested that the report be received. ORDERED on the motion by Alderman Volpatti, seconded by Alderman Wing that the Mayor's Disability Advisory Committee 2005 Accessible Plan be received and filed. Carried Unanimously. Inter-Office Memorandum Re: Lamont Avenue request for "Disabled Child at Play" Warning Signs. RECOMMENDATION: That Council approve the attached resolution. Falls Farmer's Market Committee 2 May 30 2005 Council Minutes RESOLUTION NO. 6 VOLPATTI WING THEREFORE BE IT RESOLVED that the Technical Committee of the Ontario Traffic Conference be urged to investigate the possibility of appropriate signage. Carried Unanimously. Fair Share Committee Greg Mclnernery, Eli Sorbina and Doug Rysdale, Stamford Collegiate provided information on the activities that are planned for June 4, 2005 in celebration of an exhibition /community day that will be a precursor to their 150 anniversary in 2007 and invited everyone to attend the festivities. An invitation was extended to the Mayor and members of Council to participate by volunteering for the dunk tank event. Sue Rogers, on behalf of the Falls Farmer's Market Committee at Sylvia Place Market provided a brief presentation on the Falls Farmer's Market community kickoff event, called "Sensational Strawberries Summer Safety" to be held on June 11, 2005; she reviewed a schedule of monthly events and programs and invited the community to attend. Ms. Margaret Dunn, on behalf of Fair Share Committee expressed the view that the Falls Management Company had failed to deliver the attractors and amenities featured in the bid by Falls Management and advised that the Fair Share Committee wants to hold the parties and Province accountable. She advised that a petition was being circulated throughout the City and requested Council's and the community's support of their position. The Chief Administrative Officer commented that Mr. Duncan Brown and M.P.P. Kim Craitor would be attending a Council meeting sometime in June. He further indicated that Mr. Greg Sorbara and M.P.P. Kim Craitor will be meeting with Council on June 8, 2005 to discuss the issue of two casinos in Niagara Falls. -3- May 30 2005 Council Minutes Following the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that Council supports the Fair Share Committee's position. Carried Unanimously. Industrial Tax Rates Jeff Wallis, Signature Signs, David Allan, Marine Clean and Chairman of the Stanley Avenue Business Park Association, and Marc Macaulay, Cytec expressed the many difficulties facing the industrial sector: increased costs, high insurance premiums, energy costs and transportation and shipping costs. Most importantly, the high industrial tax rate have put Niagara area industrial businesses at a disadvantage. They requested Council's consideration in reducing industrial taxes in Niagara Falls. -AND F- 2005 -23 Chief Administrative Officer Re: 2005 Property Tax Rates. The report recommends that Council approve the 2005 Property Tax Rates. ORDERED on the motion of Alderman Morocco, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. PLANNING MATTERS PD- 2005 -34 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 13/2005, 8123 Lundy's Lane; Applicant: Chiardome Properties Inc., Addition of Office, Medical Clinic, Printing Shop and Dry Cleaning Establishment. The report recommends that Council approve the application to amend the Zoning By -law to permit an office, medical clinic, printing shop and dry cleaning establishment within the existing plaza. -AND Communication No. 1 Orchard Grove Motel Limited. The communication advises as having no objections to the issue under consideration and fully supports the application. Communication No. 2 Regional Niagara, Public Works Department. The communication advises as having no objections to the proposed application. 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 an office, a medical clinic, printing shop and dry cleaning establishment in the existing plaza. He advised that the Notice of the Public Meeting had been given by Prepaid First Class mail, in accordance with the Planning Act on May 6, 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. PROPOSAL: Alderman Pietrangelo vacated Council Chambers. The Director of Planning and Development reviewed the subject property and provided the following information: To expand the range of uses permitted on the site to include an Office, Medical Clinic, Printing Shop Dry Cleaning establishment PLANNING ANALYSIS: Official Plan Designated Tourist Commercial in the Official Plan Located within the Lundy's Lane Satellite district which is intended to provide small to Medium scale retail commercial uses to service both residents and tourists Additional uses proposed would conform with OP policies ZONING: Zoned Tourist Commercial Council recently passed a zoning by -law amendment to permit small billiard hall in the plaza. Owner is now requesting additions to the list of permitted uses office, medical clinic, print shop dry cleaning to complement the range of uses already permitted CONCLUSION: RECOMMENDATION: It is recommended that: 4 May 30 2005 Council Minutes The requested amendment can be supported for the following reasons: The proposed uses conform to the intent and purpose of the Official Plan and supports the role of the Lundy's Lane Satellite district in providing retail and commercial services to both City residents and Tourists; and The proposed uses will be small to medium -scale uses that will provide additional services to the surrounding community. Council approve the application to amend the Zoning By -law to permit an office, medical clinic, printing shop dry cleaning establishment within the existing plaza. 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. Michael Delduca, applicant, was available for questions. Since no further comments were forthcoming, Acting Mayor, Alderman Vince Kerrio declared the public meeting with regard to AM- 13/2005 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the report be received and adopted. Carried Unanimously. PD -2005- 35 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 23/2004, 4848 to 4960 Clifton Hill 5383 to 5385 Robinson Street; Applicant: HOCO Limited; Proposed Amusement Midway and Entertainment Complex and 28- Storey Hotel. -5- May 30 2005 Council Minutes The report recommends that Council approve the application to amend the Zoning By -law to permit an amusement midway and entertainment complex and a 28- storey hotel and ancillary waterpark; and that the amending by -law contain provisions to: a) restrict the location of the midway and entertainment complex to the 3.7 hectares (9 acres) next to Clifton Hill; b) permit a maximum of 20 amusement rides including one 53 metre (175 foot) Ferris wheel, two roller coasters, one with a maximum height of 31 metres (101 feet) and one with a maximum height of 18 metres (60 feet) and a revolution amusement ride with a maximum height of 22 metres (72 feet) c) permit the proposed hotel and ancillary waterpark subject to the general design shown on Schedules 2 and 3 and a maximum height of 28 storeys and 110 metres (360 feet) with a roof feature; An agreement under Section 37 of the Planning Act to secure streetscape improvements on the abutting streets and Grand Boulevard be executed prior to adoption of the amending zoning by -law; Council direct staff to organize an ad hoc committee comprising of Council members, the Niagara Parks Commission and abutting landowners to study proposals for the Jolley Cut, the extension of the First Nations Trail into Queen Victoria Park and connections from the site to Ferry Street. -AND Communication No.1 Regional Niagara, Planning Development Department. The communication advises as being in support of the overall development proposal; however, certain design details, such as pedestrian linkages along the Escarpment brow, connections with the Grand Boulevard corridor and Internal traffic flows, should be revised to better implement the City's Tourist Area. Communication No. 2 Broderick Partners, Italia Gilberti, Solicitor for Niagara 21s Group Inc. The communication advises as being supportive of the application. Communication No. 3 Skylon Tower. The communication advises that, in general, of being supportive of the application and requests to be involved in the process and be part of any discussions involving Official Plan Policies and any proposed linkages that may impact their land. Communication No. 4 Inter Department Memorandum from the Director of Fire Prevention. The communication advises as having no objections to the proposed application. 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 an amusement midway and entertainment complex and a 28- storey hotel and ancillary waterpark at 4848 to 4960 Clifton Hill 5383 to 5385 Robinson Street. He advised that the Notice of the Public Meeting had been given by Prepaid First Class mail, in accordance with the Planning Act on April 29, 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 An amendment to the Zoning By -law is proposed to permit the following: An amusement midway entertainment complex including a Ferris wheel, two roller coasters, a revolution ride and various mechanical rides, together with indoor outdoor attractions restaurants. A 28 storey hotel with 294 guest rooms and an ancillary water park Alderman Pietrangelo returned to Council Chambers. PLANNING ANALYSIS: Background Application submitted in May 2004 Numerous meetings were held with the Architectural Peer Review panel and planning staff including the submission of requested planning and environmental impact studies. Process resulted in design modifications and favourable reports from APR and planning staff. Official Plan Midway /Entertainment Complex The 12.5 ha (31 ac) site is one of the largest holdings on the City's Central Tourism District. The property is designated Tourist Commercial, and straddles two subdistricts Clifton Hill Fallsview. The Clifton Hill subdistrict is intended to function as a commercial entertainment centre permitting a wide range of tourist attractions, accommodations and services. Large -scale "thrill style" attractions will generally be directed to Theme Park or Resort Commercial designations. The question of whether the larger Ferris wheel roller coaster components of the proposed midway complex were appropriate for the site was addressed by a planning consultant retained by the proponent The planning consultant concluded: -6- May 30 2005 Council Minutes The proposed midway is much smaller than the amusement theme Parks contemplated in the City's Theme Park Resort Commercial designations Large scale amusement theme parks tend to be on -stop destinations that attract full day visitors. The proposed midway forms a component of the Clifton Hill subdistrict and is intended to attract pedestrians from the surrounding area for short "drop -in" visits. The new amusements /attractions represent an extension to the range of entertainment facilities currently permitted on the site. Noise and visual impact studies indicate that there should be no adverse impacts on adjoining lands, most notably Queen Victoria Park. ZONING: OTHER MATTERS Section 37 Agreement -7- May 30 2005 Council Minutes Planning staff are in general agreement with the study findings. The proposed midway is in fact, an extension of the types of amusement and attractions, currently found within the Clifton Hill subdistrict and the size and scale of the project can be integrated into the district with no adverse impacts. HotellWaterpark The proposed hotel and ancillary waterpark uses fall within the Fallsview subdistrict. High rise hotels, entertainment uses and attractions are permitted within this area, subject to urban design guidelines and architectural peer review. The proposed 28 storey hotel with 294 guest rooms replaces a 1997 approval for a 22 storey hotel with 500 rooms. Based on meetings and discussions with the APR panel the original hotel proposal was modified to reflect the City's high rise hotel guidelines ARCHITECTURAL. PEER REVIEW The Official Plan requires buildings and structures over 10 storeys to be reviewed by the Architectural Peer Review Panel. The APR panel reviewed the hotel design, the Ferris wheel and roller coaster components of the midway and entertainment complex and the overall conformity of the project with OP policies. Meetings between the Panel members and the proponent resulted in several design changes and the endorsement of the project by the Peer Review panel. Comments of the APR panel are attached to the Planning Department's report. Several Official Plan policy matters regarding pedestrian links to and from the site need to be studied further, independent from the approval of the application. These matters include: 1) The extension of the escarpment trail through Queen Victoria Park to Oakes Garden Theatre; 2) Improvements to the Jolley Cut; 3) Pedestrian connections through to Ferry Street. A number of studies were submitted to support the application. These included noise and visual impact studies, a wind study, a traffic impact study and a land use /planning policy study. To ensure that the proposed development is implemented in accordance with these studies, the zoning by -law amendment will: Limit the midway to the general area and heights proposed; Permit a maximum of 20 amusement rides Permit a 28 storey hotel and its recommended building design; and Require a 3 metre (10') landscaping strip along the Grand Boulevard The OP requires all development over four storeys in height to be the subject of a section 37 agreement to secure streetscape improvements on abutting streets. The cost of the streetscape improvements shall be determined prior to the passage of the amending by- law. Site Plan Control 8 May 30 2005 Council Minutes At the site plan approval stage the following will need to be addressed: Detailed design of the hotel, its elevations and roof feature Mitigation of wind impacts around the podium of the hotel Landscaping details Final positioning of rides Off -site Pedestrian Linkages The Official Plan requires the coordination and integration of private developments with public realm facilities such as the Grand Boulevard and pedestrian linkages connecting public and private lands. The applicant has proposed a concept plan for the improvement of the Jolley Cut adjacent to his lands. The Architectural Peer Review Panel has also identified the need for off -site pedestrian linkages through lands owned by the Niagara Parks Commission and other private land holdings. To address these matters, an ad hoc committee of Council members, Commission members and affected land owners should be established, independent of the application approval. CONCLUSION: The requested Zoning By -law amendment for a 28 storey hotel, midway and entertainment complex can be supported on the following basis: The proposed hotel meets the built form requirements set out in the City's Official Plan and implementing design guidelines. The proposed midway amusement complex does not appear to create any adverse noise and visual impacts on adjacent lands or the skyline, is of a modest scale, integrates with the rest of Clifton Hill and complements the festive nature of the area; and The proposal has been satisfactorily reviewed by the Architectural Peer Review Panel, subject to certain matters being secured through site plan approval. RECOMMENDATION: It is recommended that: Council approve the application to amend the Zoning By -law to permit an amusement midway, entertainment complex and 28- storey hotel waterpark; and The amending by -law contain provisions to: Restrict the location of the midway entertainment complex to 3.7 ha next to Clifton Hill Permit a maximum of 20 amusement rides including one -53 m (175') Ferris wheel, two roller coasters one -31 m (101') and one -18 m (60'), and one revolution amusement ride with max height of 22 m (72') Permit the proposed hotel and ancillary waterpark subject to the general design shown on Schedules 2 3 and a maximum height of 28 storeys and 110 m (360') with a roof feature. -9- May 30 2005 Council Minutes An agreement under section 37 of the Planning Act to secure streetscape improvements on the abutting streets and Grand Boulevard be executed prior to adoption of the amending zoning by -law; and Council direct staff to organize an ad hoc committee comprising of Council members, the Niagara Park Commission and abutting land owners to study proposals for the Jolley Cut, the extension of the First Nations Trail into Queen Victoria Park and connections from the site to Ferry Street. 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. Mr George Yerich Jr., Skylon Tower advised as being in support of the application. Although not directly a neighbour, he requested that the Skylon be involved in the ad hoc committee on the Jolley Cut matter. Marie Buckingham, 4674 Eastwood Crescent, expressed noise concerns and the elimination of greenspace. She questioned whether the sight lines of residential properties are ever taken into account. Linda Manson, 4732 Cookman Crescent, expressed noise concerns and the timing of the operation. Harry Oakes, President, HOCO Entertainment Resorts, provided a brief overview of the proposed application and reviewed several examples of urban entertainment developments. Because his family owns the site, they do not have to maximize density on the property. What he is proposing will transform Clifton Hill into a destination attraction, improving the long term viability of Clifton Hill. Mr. Oakes responded to noise concerns by indicating that the rides are quite a bit into the property, therefore, noise would be minimized. He reviewed his noise study and pointed out that the buildings are being positioned to "lock the sound in Victor Muratori, Solicitor for the applicant pointed out that the property was always intended as a Tourist Commercial property and provides an important linkage between the Clifton Hill and Fallsview tourist districts. Since no further comments were forthcoming, Acting Mayor, Alderman Vince Kerrio declared the public meeting with regard to AM- 23/2005 closed. The recommendation was split, separating recommendation #4 from the rest of the recommendation. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the recommendations #1, #2, and #3 contained in the report be approved. The motion Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that Council direct staff to organize an ad hoc committee comprising of Council members, Niagara Parks Commission, abutting landowners and the Skylon to study proposals for the Jolley Cut, the extension of the First Nations Trail into Queen Victoria Park and connections from the site to Ferry Street. The motion Carried with Alderman Wing declaring a conflict of interest. -10- May 30 2005 Council Minutes PD- 2005 -36 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 11/2005, 4554 and 4564 Montrose Road; Applicant: Altieri Building Supplies Limited; Proposal to Join Two Lots into One Parcel for the Purpose of Providing Required Parking. The report recommends the following: 1. That Council approve the Zoning By -law amendment application to join the two 2) lots into one (1) parcel for the purpose of providing required parking on either of the two lots; 2. That the amending by -law incorporate the site specific provisions from previous minor variance and running approach. -AND Communication No. la) Regional Niagara, Planning and Development Department. The communication advises as having no objections to the proposed rezoning. Communication No. 1b) Regional Niagara, Public Works Department. The communication advises as having no objection to the proposal and provide comments. The City Clerk advised that a public meeting was being convened to consider a proposed Amendment to the City's Zoning By -law to join two (2) lots into One Parcel for the purpose of Providing Required Parking. 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 29, 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: To join two lots into one parcel for the purpose of providing required parking OFFICIAL PLAN Designated Industrial. Building supplies outlet and various industrial uses permitted. Plan also promotes industrial lots to be landscaped, particularly along arterial road frontages. Landscaping is deficient on -site. ZONING Zoned for light industrial purposes (LI). The proposed amendment would facilitate the expansion of the industrial plaza facing Industrial Street by allowing parking to be located on the adjacent lot owned by the applicant. If the amendment is approved existing zoning provisions and minor variance approvals will be incorporated into the new site specific by -law. -11- May 30 2005 Council Minutes LANDSCAPING The zoning by -law requires 66% of the required front yard and exterior side yard to be landscaped. A small landscaping strip currently exists along a portion of the property's Montrose Rd frontage while none exists along Industrial St Landscaping deficiencies should be corrected as part of the application to further intensify the development of the site. Recommended improvements: 1) maintain the by -law standard of 66% landscaping along the Montrose Rd frontage by adding landscaping in front of the Nu Style Kitchen building. 2) provide a minimum of 33% landscaping along the Industrial St frontage. 3) extend the landscaping into the boulevard areas. CONCLUSION: The proposed zoning amendment can be supported on the basis that: It maintains the purpose and intent of the Official Plan subject to landscaping improvements being secured along existing street frontages. Further, that the zoning by -law incorporate previous zoning and Committee of Adjustment approvals and include provisions for increased landscaping. RECOMMENDATION: It is recommended that: Council approve the Zoning By -law amendment application to join the two lots into one parcel for the purpose of providing required parking on either of the two lots; and The amending by -law incorporate the site specific provisions from previous minor variance and zoning approvals, including provisions for landscaping. 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. Emilio Raimondo, for the applicant, gave the opinion that he felt that landscaping should be worked out during the site plan process. He said that although his client was not adverse to landscaping, in general, it would be difficult to do so on Industrial Street. Since no further comments were forthcoming, Acting Mayor, Alderman Vince Kerrio declared the public meeting with regard to AM- 11/2005 closed. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati, that the recommendations in Report PD- 2005 -36 be approved and further that, landscaping provisions be negotiated through the site plan process, subject to eventual Council approval. The motion Carried with the following requested recorded vote: -12- May 30 2005 Council Minutes AYE: Alderman Diodati, Morocco, Pietrangelo and Acting Mayor Vince Kerrio. NAYE:Alderman Wing. PD- 2005 -37 Chief Administrative Officer Re: Recommendation Report, Block 49 Neighbourhoods of St. David's Draft Plan of Subdivision 26T -11- 2005 -02 Pinestone Road /St. Paul Avenue /Mountain Road; Owner: Walker Community Development Corporation. The report recommends the following: 1. That the Block 49, Nieghbourhoods of St. David's Plan of Subdivision be draft approved subject to the conditions in the attached Appendix; 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati, that the report be received and adopted. Carried Unanimously. PD- 2005 -38 Chief Administrative Officer Recommendation Report, Draft Plan of Vacant Land; Condominium 26CD -11- 2005 -01, 6269 Dorchester Road (opposite Stokes Street) Owner: 1211990 Ontario Inc. /Brian Adriana Peters. The report recommends the following: 1. That the Plan of Vacant Land Condominium be draft approved subject to the conditions in the attached Appendix; 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council. Al Heywood, for the applicant, asked for clarification on the Dorchester Road widening vis a vis the zoning by -law. ORDERED on the motion of Alderman Diodati, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. MAYOR'S REPORTS, ANNOUNCEMENTS 1. Letters of Condolence to the family of the late Lorne James Campbell, father of Alderman Wayne Campbell; to the family of the late Victor Bolibruck, father of Bob Bolibruck; to the family of the late Fredrick Philip, a retired Captain from the City's Fire Services; to the family of the late Harry John Sorley, a retired Platoon Chief from the City's Fire Services; to the family of the late Heibert Pothast father of City employee Fred Pothasi; to the family of the late Bill Walters, grandfather of City employees Gwen Donofrio and Susan Scerbo; to the family of the late Francesco Trapasso, father of City employee Jack Trapasso; to the family of the late Richard Comin, a retired City employee; -13- May 30 2005 Council Minutes 2. The Acting Mayor outlined the following recent or upcoming events: the National Brownfield Association first Canadian /U.S. Summit to discuss brownfield issues, Council's meeting with the Honourable Greg Sorbara, Minister of Finance and the recent appearance in the community of Stephen Harper, P.C. leader. 3. The Acting Mayor advised meeting Tabitha Dunphy and her father Steven Hawkins. Tabitha has Sturge -Weber Syndrome, a condition which causes brain seizures and is causing her to become blind. He indicated that her father is taking Tabitha across the country to see Canada before she goes totally blind. Acting Mayor Kerrio expressed appreciation to the residents of Niagara Falls for their generosity to Tabitha. 4. The Acting Mayor advised that Mayor Salci was discharged from the Hamilton General Hospital. He indicated that Mayor Salci wished to thank everyone for the outpouring of support he has received during this time. COMMUNICATIONS Clifton Hill B.I.A. Re: 2005 Budget The communication refers to their total 2005 budget of $45,000 with $30,000 funds remaining and requesting a tax levy of $15,000.00 ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the request be approved. Carried Unanimously. Minister Responsible for Seniors Re: Proclamation. The communication requests that Council proclaim the month of June as "Seniors' Month" in Niagara Falls. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati, that the request be approved. Carried Unanimously. Mr. Harvey Starkman, Toronto Residents in Partnership Re: Proclamation. The communication requests that Council proclaim the month of June as "Elder Abuse Awareness Month" in Niagara Falls. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati, that the request be approved. Carried Unanimously. Niagara Brain Injury Awareness Committee Re: Proclamation. The communication requests that Council proclaim the month of June as `Brain Injury Awareness Month ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati, that the request be approved. Carried Unanimously. Niagara Falls Arts Culture Committee Re: Proclamation in keeping with their mandate to "foster, develop and unite artistic and cultural activities in the community" the Committee is requesting that Council proclaim the week of June 12 to June 18` 2005 as `Arts and Culture Week ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati, that the request be approved. Carried Unanimously. REPORTS R- 2005 -30 Chief Administrative Officer RE: Summer Ice Schedule. The report recommends that the Schedule for the use of Summer Ice Hours at the Stamford Memorial Arena be approved by City Council. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the report be received and adopted. Carried Unanimously. F- 2005 -29 Chief Administrative Officer Re: 2005 Debenture Issue. The report recommends that Council pass a resolution requesting The Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts as set out in the attached schedule. -14- May 30 2005 Council Minutes ORDERED on the motion of Alderman Morocco, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. RATIFICATION OF COMMUNITY SERVICES COMMITTEE ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the actions taken in Community Services Committee, earlier this evening be approved: 1. Adoption of the May 16, 2005 Community Services Committee meeting Minutes; 2. That the City of Niagara Falls continues to support and cooperate with Regional Niagara on the Niagara Water Quality Protection Strategy; 3. MW- 2005 -72 Russell Associates Inc. Special Event Air Show Land Use, Request to Waive Fees That the request to waive the cost of the City will incur be denied and the temporary zoning by -law to accommodate overflow parking if required be approved; 4. MW- 2005 -71 Brock Street, Parking Review that the parking restrictions on Brock Street be approved; 5. MW- 2005 -73 that the City enter into an agreement with Kiwanis Club for the Bus Bench Program; 6. MW- 2003 -75 Main Street, Stanley Avenue to Murray Street that staff contact Regional Niagara and expedite the installation of directional signage to the Lincoln Motor Inn; that a meeting be set between City staff and Regional representatives with Mr. Jovanovic regarding streetscape drawings and a letter be sent to Regional Council informing them of concerns raised by local business owners and residents regarding the Main Street closure; 7. MW- 2005 -66 Storm Drainage Issues, Orchard Grove Extension Subdivision, 5715 Magnolia Drive (Gerald Ingrid Turner) that the report be deferred. Carried Unanimously. RATIFICATION OF THE CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the actions taken in Corporate Services Committee, earlier this evening be approved: 1. That Acting Mayor Vince Kerrio chair the Corporate Services Committee meeting in Alderman Campbell's absence; 2. Adoption of the Minutes of the March 7, 2005 Corporate Services Committee meeting; 3. That any City of Niagara Falls residential property owner, whose water /sewer account consumed and paid the sewer consumption charge during the June, 2000 to June 2003 period and, is not currently receiving a sewer consumption rebate, be eligible to apply to the City for a one -time $65.00 refund, until June 30, 2005; 4. That the reimbursable kilometrage rate payable to City employees who use their personal automobiles on City business, be established at $0.422 per kilometer, effective July 1, 2005; and that the reimbursable kilometrage rate continue to be reviewed on an annual basis; 5. That the deposit of $141,025.54 in the reserve fund for Workplace Safety and Insurance Board future obligations be approved; -15- May 30 2005 Council Minutes 6. That the Financing Lease Report be received for information; 7. That June 30 and September 21, 2005 be approved as the 2005 Final Due Dates for the Residential, Pipeline, Farmland and Managed Forest Assessment Classes; 8. That the General Purposes Revenue Update be received for information; 9. That the City Clerk's memorandum on In Camera Procedures be tabled until an upcoming meeting; 10. That an update on the Main and Ferry C.I.P. be presented at the June 13 2005 meeting. Carried Unanimously CAO- 2005 -06 Chief Administrative Officer Re: Service Delivery Review Update. The report recommends that this report be received and filed for the information of Council. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and filed for the information of Council. 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 Wing, seconded by Alderman Diodati, that Reports CAO- 2005 -05; MW- 2005 -69 and MW- 2005 -76 be moved out of the Consent Agenda and considered separately. Carried Unanimously. CAO- 2005 -05, Niagara District Airport Commission, Municipal Agreement ORDERED on the motion of Alderman Wing, seconded by Alderman Diodati, that the report be deferred. Carried Unanimously. MW- 2005 -69, Portage Road, Church's Lane to Mountain Road; Traffic Calming Environmental Assessment ORDERED on the motion of Alderman Diodati, seconded by Alderman Wing, that the report be received and adopted. Carried Unanimously. MW- 2005 -76, Moratorium on Signs ORDERED on the motion of Alderman Wing, seconded by Alderman Morocco, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, to move the balance of the Consent Agenda. FS- 2005 -05, Award of Tender for Addition to Station 1 that Council award tender #T09 -2005 for the Addition to Fire Station 1 to the low bidder Aldor Builders Ltd. Of Thorold, Ontario for the tender amount of $922,233.00 including PST and GST; L- 2005 -24, Russell Nandkumarie Beeransingh, 5682 Temperance Avenue, Clear Cloud on Title that Council authorize the Law Clerk to electronically execute and register a Quit Claim Deed to transfer a 9.73 foot strip of land to Russell Beeransingh and Nandkumarie Beeransingh to clear a cloud on title to the property located at 5682 Temperance Avenue; -16- May 30 2005 Council Minutes MW- 2005 -68, Garner Road Chippawa Creek Road Watermain Cost Sharing the cost sharing breakdown described in this report for the extension of the watermain on Garner Road and Chippawa Creek Road be approved; MW- 2005 -74, Contract 2005 153 -05, New Sidewalk Construction that the unit prices submitted by the low tenderer, Alfidome Construction, be accepted; PD- 2005 -23, Draft Growth Plan for the Greater Golden Horseshoe, "Places to Grow: Better Choices, Brighter Future Ministry of Public Infrastructure Renewal that the City proceed with public and stakeholder's meetings for input on the new proposed sign by -law; PD.2005 -39, Deeming By -law Blocks 140 141, Registered Plan 59M -90; Galaxy Drive (South Side) Owner: Pasquale DiGiacomo that Council pass the by -law appearing in tonight's agenda to designate Blocks 140 141, Registered Plan 59M -90, to be deemed not to be within a registered plan of subdivision; R- 2005 -27, Agreement with Russell Masterson Amateur Athletic Club that Council approve a two -year extension of the agreement between The Russell Masterson Amateur Athletic Club and the City of Niagara Falls; R- 2005 -28, Agreement with Jr. C. Hockey Club -that Council approve a two -year extension of the agreement between The Chippawa Jr. "C" Hockey Club and the City of Niagara Falls. BY -LAWS Carried Unanimously. Acting Mayor, Alderman Vince Kerrio received a negative response to his request whether there was anyone present that had an interest in By -law No. 2005 -89, authorizing a land exchange with Ascot Woods Ltd., for nominal consideration. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that leave be granted to introduce the By -law and the By -law be now read a first time: 2005 -89 A by -law to authorize a land exchange with Ascot Woods Ltd., for nominal consideration. Carried Unanimously ORDERED on the motion of Alderman Morocco, seconded by Alderman Pietrangelo, that the By -law be now read a second and third time: 2005 -89 A by -law to authorize a land exchange with Ascot Woods Ltd., for nominal consideration. Carried Unanimously ORDERED on the motion of Alderman Morocco, seconded by Alderman Volpatti, that leave be granted to introduce the By -law and the By -law be now read a first time: 2005 -90 A by -law to authorize the execution of a Lease Agreement BW Nomineeco Inc., with respect to leasing part of Township Lot 115 in conjunction with the redevelopment of BW Nomineeco Inc.'s adjoining lands. 2005 -91 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. 2005 -92 A by -law to set and levy the rates of taxation for City purposes, for Regional purposes, and for education purposes for the year 2005. May 30 2005 Council Minutes 2005 -93 A by -law to amend By -law No. 79 -200, to permit an expansion of the Niagara Square Commercial District (Re: AM- 11/2004, McLeod Montrose Rd.) 2005 -94 A by -law to amend By -law No. 79 -200, to permit the expansion of the Niagara Square Retail District to include recreational, community and cultural facilities. (Re: AM- 11/2004, McLeod Montrose Rd.) 2005 -95 A by -law to designate Blocks 140 141, Registered Plan 59M -90, not to be within a registered plan of subdivision. 2005 -96 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Parking Prohibited, Taxi Stands, Loading Zones). 2005 -97 A by -law to authorize the execution of a Confirmation of Co- operation and Representation Agreement between Villarboit Development Corp. And The Corp. Of the City of Niagara Falls, respecting 30 acres of land located west of Montrose Rd. And north of McLeod Road. 2005 -98 A by -law to authorize the execution of an Offer to Purchase from Villarboit Development Corp., in trust, for a company to be incorporated, respecting 30 acres of land located west of Montrose Road and north of McLeod Road. 2005 -99 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 30' day of May, 2005. Carried Unanimously ORDERED on the motion of Alderman Morocco, seconded by Alderman Pietrangelo that the by -laws be now read a second and third time: 2005 -90 A by -law to authorize the execution of a Lease Agreement BW Nomineeco Inc., with respect to leasing part of Township Lot 115 in conjunction with the redevelopment of BW Nomineeco Inc.'s adjoining lands. 2005 -91 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. 2005 -92 A by -law to set and levy the rates of taxation for City purposes, for Regional purposes, and for education purposes for the year 2005. 2005 -93 A by -law to amend By -law No. 79 -200, to permit an expansion of the Niagara Square Commercial District (Re: AM- 11/2004, McLeod Montrose Rd.) 2005 -94 A by -law to amend By -law No. 79 -200, to permit the expansion of the Niagara Square Retail District to include recreational, community and cultural facilities. (Re: AM- 11/2004, McLeod Montrose Rd.) 2005 -95 A by -law to designate Blocks 140 141, Registered Plan 59M -90, not to be within a registered plan of subdivision. 2005 -96 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Parking Prohibited, Taxi Stands, Loading Zones). 2005 -97 A by -law to authorize the execution of a Confirmation of Co- operation and Representation Agreement between Villarboit Development Corp. And The Corp. Of the City of Niagara Falls, respecting 30 acres of land located west of Montrose Rd. And north of McLeod Road. 2005 -98 A by -law to authorize the execution of an Offer to Purchase from Villarboit Development Corp., in trust, for a company to be incorporated, respecting 30 acres of land located west of Montrose Road and north of McLeod Road. 2005 -99 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 30 day of May, 2005. Carried Unanimously Public Swimming Pools Alderman Victor Pietrangelo commented that there were no public swimming pools west of the Q. E. W. The Director of Parks, Recreation and Culture responded that this matter would be looked at through the Parks Recreation Master Plan. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the meeting be adjourned at 10:30 p.m. Carried Unanimously. READ AND ADOPTED, May 30 2005 Council Minutes NEW BUSINESS CITNY CLERK ALD. VINCrKERRIO, ACTING MAYOR