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2001/11/12TWENTY- EIGHTH MEETING COMMITTEE-OF-THE-WHOLE Council met on Monday, November 12, 2001 at 4:00 p.m. in Committee-of-the- Whole. All members of Council, with the exception of Alderman Orr, who was away due to a family illness, were present. Alderman Art Federow presided as Chairman. Following consideration of the items presented, the Committee -of- the -Whole did not rise to report in open session. READ AND ADOPTED, R.O. KALLIO, ACTING CITY CLERK PLANNING MEETING Council met on Monday, November 12, 2001 at 6:00 p.m. for the purpose of considering Planning and Regular Business matters. All members of Council, with the exception of Alderman Orr, who was away due to a family illness, were present. Alderman Gary Hendershot offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTEREST Committee Room #2 November 12, 2001 WAYNE THOMSON, MAYOR Council Chambers November 12, 2001 Alderman Volpatti indicated conflicts of interest on Report MW- 2001 -154 because her husband is a member of the organization and indicated a conflict of interest on Report F- 2001 -70, Application No. 2000 -141 because she and her husband were the recipients. Alderman Pietrangelo indicated a conflict of interest on Report PD- 2001 -98 and on By -law No. 2001 -243 because a Catholic School is to be built in the area and he is employed by the Niagara Catholic District School Board. -2 DEPUTATIONS Mr. D. C. DeLorenzo, Solicitor, was in attendance on behalf of Niagara Falls minor hockey association and he reviewed the sequence of events pertaining to the creation of the ad hoc committee and to its terms of reference; he expressed the opinion that the hoc committee report signed by the Chair expressed personal opinions and did nothing but fan the flames of unfounded suspicion. He requested that Council not accept the document as presented by the Chair of the ad hoc committee for minor hockey and that the ad hoc committee be disbanded. He advised that the concessions have been run on an interim basis by City staff and requested that Council remove the interim suspension and return the concessions to minor hockey. During the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the concessions be given back to minor hockey. The motion was Defeated with Aldermen Wing, loannoni, Hendershot, Pietrangelo, Federow, Feren, Puttick and Craitor voting contrary to the motion and with Aldermen Campbell, Fisher and Volpatti voting in favour. Following some discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Wing, that the Stamford Arena Concession be taken back and that the Chippawa Arena Concession be taken back for the next season. The motion Carried with Aldermen Fisher and Volpatti voting contrary to the motion and with all others voting in favour. Following further discussion, it was ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the ad hoc committee on minor hockey be disbanded and that the report from the ad hoc committee on minor hockey be received and filed. Carried Unanimously. Whirlpool International Truck Bridge Inc. Mr. Brian Hay, President, Whirlpool International Truck Bridge (Canada) Inc. presented a proposal to members of Council with respect to a dedicated truck bridge crossing between Niagara Falls, Ontario and Niagara Falls, New York. He commented that border crossings are experiencing severe truck traffic lineups and are expected to continue to increase significantly, impacting the two countries; he stated that the project was feasible, and would utilize the Whirlpool Michigan Central /Canada Southern Railway Bridge which will no longer be used for rail traffic and could be converted for truck use only; he advised that the proposal would have to receive approval from a number of government agencies and departments, both Canadian and American, and requested that Niagara Falls City Council endorse, in principal, the proposal by the Whirlpool International Truck Bridge Inc. to develop a dedicated truck bridge crossing. Mr. Hay introduced Mr. Bill Truesdale, President, Whirlpool International Truck Bridge (U.S.A.) Inc., who advised that the Peace Bridge and the Queenston /Lewiston Bridge could not expand and that the Whirlpool Railway Bridge would be the only viable option with respect to time, cost and opportunity to decongest the Niagara Frontier freight flow; he advised that access could be provided to both Highway 405 in Ontario and to the 1 -190 in New York State and indicated that the proposal would be a dedicated toll truck route with Customs Immigration facilities with state -of- the -art commercial vehicle clearing systems as well as full se ice facilities that would serve the truckers. Mr. Allen Gandell, Whirlpool International Truck Bridge Inc. expressed the opinion that the proposal would be a golden opportunity for related development, including hotels, restaurants, garages, and brokerage houses and provided clarification with respect to concerns expressed and referred`to the formation of an advisory committee to address certain concerns in advance of the Stanley Avenue truck route. 3 Following the discussion, it was ORDERED on the motion of Alderman Hendershot, seconded by Alderman Feren, that Niagara Falls City Council endorse, in principal, the proposal by the Whirlpool International Truck Bridge Inc. to develop a dedicated truck bridge crossing. Carried Unanimously. His Worship Mayor Thomson thanked the attendees for their presentation. PLANNING MATTERS PD- 2001 -98 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 3012001, McLeod Road between Garner Road Kalar Road; Applicants: River Realty Development (1976) Inc. Proposed Place of Worship and Secondary School. The report recommends the following: 1) That Council approve the Zoning By -law amendment application to rezone the lands from Development Holding (DH) to Institutional (I) to permit a place of worship and to recognize the site of a future secondary school; 2) That Council pass the zoning by -law, included in tonight's agenda, to implement the proposed development. -AND Communication No. 218 Petition from the residents of Garner Road. The petition requests His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Acting City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by prepaid first class mail on October 12, 2001. His Worship Mayor Thomson received indication that Mr. John Mestick was in attendance on behalf of the applicant; and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson 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. The Director of Planning and Development provided a brief overview of the proposal; discussed the Planning Review and advised that the proposal to construct a place of worship and school on the subject lands conformed to the Official Plan and Secondary plan policies and that staff were recommending approval. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a negative response in opposition to the application. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 30/2001, closed. 4 ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the report be received and adopted. The motion Carried with Alderman Pietrangelo abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the correspondence be received and filed. Carried Unanimously. See By -law No. 2001 -243 MW- 2001 -156 -Chief Administrative Officer Re: Public Meeting to amend By -law No. 99 -144, Deletion of Industrial Development Charges. The report recommends that Council hold a public meeting for the purpose of obtaining public input on the proposed amendment to By -law No. 99 -144. His Worship Mayor Thomson advised that the Development Charges Act requires that the City hold a public meeting in order to amend the existing development charges By- law No. 99 -144 and that the purpose of the meeting was to receive public input into the proposed deletion of the industrial development charge that is applicable to the area. The Acting City Clerk advised that notice had been given in accordance to regulations by publishing in the Niagara Falls Review on October 27, 2001, November 3, 2001 and on November 10, 2001. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the proposed deletion of the industrial development charge and a negative response in opposition to the proposed deletion of the industrial development charge. In response to questions raised, with respect to "the by -law indicating that no industrial charge shall be collected where a corresponding development charge has been paid under the terms of a previously executed subdivision agreement or where an existing industrial building is enlarged by 50% or less the City Solicitor advised that this did not apply to vacant land and that development charges could not be collected if there was an expansion to an existing building, but indicated that if this was a new building, development charges could be collected. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to By -law No. 99 -144, the deletion of Industrial Development Charges, closed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. MISCELLANEOUS PLANNING MATTERS PD- 2001 -99 Chief Administrative Officer Re: Request for Extension to Draft Plan Approval; Ascot Woods Extension 6, 26T- 92003; Owner: Ascot Woods Limited. The report recommends that council support a one -year extension to draft plan approval for the Ascot Woods Extension 6 Plan of Subdivision, conditional on the applicant maintaining the appropriate subdivision sign on the property for public information purposes. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the report be received and adopted. Carried Unanimously. PD- 2001 -100 Chief Administrative Officer Re: Appeal to Zoning By -law No. 2001- 213; AM- 23/2001, 4199 River Road; Alternate parking Requirements for a Proposed Expansion to Souvenir City. The report recommends that Council reaffirm, by resolution, the passing of By -law No. 2001 -213. 5 ORDERED on the motion of Alderman loannoni, seconded by Alderman Hendershot, that the report be received and adopted. The motion Carried with Alderman Federow abstaining from the vote on a conflict of interest because it is employment related and with all others voting in favour. REGULAR COUNCIL ADOPTION OF MINUTES See Resolution No. 35 Alderman Volpatti requested that the minutes of the Regular Council meeting of November 5, 2001 be amended to reflect that her conflict dealing with the railway acquisition was because a member of her family was employed by the Ritz Motel, which owns lands abutting the railway lands. Alderman loannoni requested that the minutes of the Regular Council meeting of November 5, 2001 be amended to reflect her attendance at Committee -of- the Whole. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the Regular Minutes of November 5, 2001 be approved as amended. Carried Unanimously. COMMUNICATIONS Communication No. 219 Kathleen Powell, Chair, Local Architectural Conservation Advisory Committee (LACAC) Re: Demolition of old Coke plant at 6158 Main Street. The communication expresses concerns regarding the erosion of the streetscape on Main Street if the building is demolished and the significance in the history of Niagara Falls due to its association with the Portage (old Portage Road) and if the building is demolished, that the property owner consider re -using the existing stone facade in their new construction at the site. ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren, that the property owner consider re -using the existing stone facade in their new construction at the site. Carried Unanimously. REPORTS RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that the actions taken in Corporate Services Committee, earlier this evening be approved: 1. Adoption of the November 5, 2001 Corporate Services Committee minutes; 2. 2002 Budget Request Recreation Commission that the 2002 budget requests for the Recreation Commission and the Arts Culture Commission be referred to final budget deliberations; 3. 2002 Budget Request Arts Culture Commission that the 2002 Budget Request from the Local Architectural Conservation Advisory Committee be referred to final budget deliberations; 4. Reference By -law #2000 -254 that By -law 2000 -254 be amended to allow a grandfathering provision for fences presently installed at the cemeteries and that future requests for fencing be denied; -6- 5. F- 2001 -50 2002 Cemetery Charges i) that the changes to the 2001 Cemetery Charges, as specified in the attached Cemetery Fee Schedule, be approved effective January 1, 2002; ii) that the By -law appearing later this evening, be approved; iii) that following City Council's approval, the 2002 Cemetery Fee Schedule be forwarded to the Ministry of Consumer and Commercial Relations, Cemeteries Branch, for their review and approval in accordance with the Cemetery Act; iv) that following City Council's approval and prior to implementation, 30 days public notice be given outlining the changes in Cemetery charges; 6. R- 2001 -51 Community Centre Selection of Architectural Team that City Council approves the Steering Committee's a chite tural teamof MacLen an a nkal s M recommendation t Miller Chapman Murray Associates to plan, design and provide contract administration /construction services for the Niagara Falls Community Centre; 7. F- 2001 -69 Major Receivables Quarterly Report that the report be received for information; 8. F 2 001 -70- Cancellation, Reduction or Refund of Taxes under Section 442 and 443 of the Municipal Act that the report be approved and granted to the individuals listed; 9. MW- 2001 -153 Waste Management User Fees that the report be deferred to the November 19 2001 meeting to enable staff to investigate other options; 10. MW- 2001 -154 Municipal Services Extension, Northwest Quadrant that the City request the Regional Municipality of Niagara, approve the extension of water and sewer services to the norhtwest section of the City as per the recommendation of the Regional Niagara Public Health Department. The motion Carried with Alderman Volpatti abstaining from the vote on Report MW -2001- 154 and on Report F- 2001 -70, on conflicts of interest previously noted and with all others voting in favour. F- 2001 -67 Chief Administrative Officer Re: Water Meter Information, Further Report. The report recommends that City Council maintain the current rate and fee structure for the City's Water /Sewer Utility. ORDERED on the motion of Alderman Feren, seconded by Alderman Fisher, that the matter be deferred to the next Council meeting. Carried Unanimously. FS- 2001 -06 Chief Administrative Officer Re: Hazardous Materials Response. The report recommends that the report be for the information of Council. ORDERED on the motion of Alderman Feren, seconded by Alderman Hendershot, that the report be received and adopted and further, that a letter of appreciation be forwarded to the Fire Department for being pro-active with regard to dealing with terrorism and hazardous waste. Carried Unanimously. RESOLUTIONS NO. 35 IOANNONI HENDERSHOT RESOLVED THAT the Council of the Corporation of the City of Niagara Falls reaffirms the passing of By -law No. 2001 -213, a by -law to permit an alternate parking standard for a proposed expansion to Souvenir City at 4199 River Road. AND The Seal of the Corporation be hereto affixed. The motion Carried with Alderman Federow abstaining from the vote on a conflict of interest and with all others voting in favour. Santa Claus Parade Erection of Fence 7 NO. 36 HENDERSHOT FEREN WHEREAS at the meeting of November 12, 2001 Council heard a presentation by representatives of Whirlpool International Truck Bridge Inc. (hereinafter referred to as the Whirlpool Group), a private company; and WHEREAS the Whirlpool Group is proposing a dedicated truck bridge crossing between Niagara Falls, Ontario and Niagara Falls, New York; and WHEREAS the intemational crossing will be at the current Whirlpool Michigan Central /Canadian Southern Railway Bridge, which will no longer service rail traffic, commencing December 2001; and WHEREAS with truck traffic between the two countries expected to continue to increase, existing facilities will be ill equipped to meet demands of future truck traffic; and WHEREAS opportunities for related development, such as hotels, restaurants, garages, brokerage houses and Customs and Immigration clearance facilities, are envisioned with this development; and WHEREAS the Whirlpool Group will have to receive approval from a number of government agencies and departments (Canadian and American) for the project to come to fruition. THEREFORE BE IT RESOLVED that Niagara Falls City Council endorse, in principal, the proposal by the Whirlpool International Truck Bridge Inc. to develop a dedicated truck bridge crossing. AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY -LAWS ORDERED on the motion of Alderman Feren, seconded by Alderman loannoni, that leave be granted to introduce the following by -law, and the by -law be read a first time 2001 -243 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 30/2001, river Realty Inc.) The motion Carried with Alderman Pietrangelo abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Feren, seconded by Alderman loannoni, that the by -law be read a second and third time: 2001 -243 A by -law to amend By -law 79 -200, as amended. (Re: AM- 30/2001, River Realty Inc.) The motion Carried with Alderman Pietrangelo abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. NEW BUSINESS Alderman Gary Hendershot provided further information on the various activities planned for the Santa Claus Parade being held on November 17, 2001; thanked all the sponsors that were involved in this year's parade and invited everyone to attend the festivities. Alderman Carolynn loannoni referred to a letter of thanks received from the residents of Hanna Avenue /Lundy's Lane. She advised that all the brush had been cleared from the Scotsman Motel to Coronation Park and that a snow fence was planned to be erected; she requested that a permanent fence be erected there instead. ORDERED on the motion of Alderman loannoni, seconded by Alderman Hendershot, that a chain link fence be erected from the Scotsman Motel to Coronation Park. Carried Unanimously. Implementation of "No Overnight Parking" Alderman Kim Craitor provided a general reminder that November 15, 2001 was the implementation date for "No Overnight Parking" in Niagara Falls and advised that parking permits would be issued at City Hall, if warranted. Downtown Restoration Funding Alderman Wayne Campbell advised that the Town of Fort Erie had been provided with funding for their downtown restorations and requested that staff enquire as to where these monies had come from. ORDERED on the motion of Alderman Campbell, seconded by Alderman Hendershot, that the matter be referred to staff to enquire as to where the Town of Fort Erie had acquired monies for their downtown restorations. Carried Unanimously. His Worship Mayor Thomson advised that a program from the Federal government had been established for downtown restorations and that the City of Niagara Falls had applied for this funding program. Handicap Parking Nursing Homes READ AND ADOPTED, R.O. KALLIO, ACTING CITY CLERK 8 Alderman Norm Puttick referred to proposed changes in the Government's handicap parking law which would implement a $5,000 fine for parking in a handicap space. He also stated that, to his knowledge, municipalities would be involved in issuing the permits for these parking areas; and that staff be requested to look into these matters. Alderman Norm Puttick advised that the number of hours and time spent by nursing home staff had decreased due to insufficient funding and requested that the matter be looked into. ORDERED on the motion of Alderman Feren, seconded by Alderman Hendershot, that the meeting be adjourned. Carried Unanimously. WAYNE THOMSON, MAYOR