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2002/06/17Council met on Monday, June 17, 2002 at 5:30 p.m. in Committee -of -the Whole. All members of Council, with the exception of Alderman Orr, who had an illness in the family, were present. Alderman Selina Volpatti presided as Chairman. Following consideration of the items presented, the Committee -of- the -Whole rose to report in open session. READ AND ADOPTED, l FOURTEENTH MEETING COMMITTEE -OF- THE -WHOLE DEAN IORFIDA, CITY CLERK AYNE THOMSON, MAYOR PLANNING MEETING Council met on Monday, June 17, 2002 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 had an illness in the family, were present. Alderman Victor Pietrangelo offered the Opening Prayer. Prior to dealing with Regular Business matters, His Worship Mayor Thomson introduced Ms. Ashley Gallardi, on behalf of the Arts Culture Commission who sang the National Anthem. DISCLOSURES OF PECUNIARY INTEREST Committee Room #2 June 17, 2002 Council Chambers June 17, 2002 Alderman Craitor indicated pecuniary interests from Community Services Committee, on Report F- 2002 -43, Cheque Nos. 267883; 267915; 267835 and 268163, because a member of his family is employed by the Region; and on Cheque Nos. 268122 and M93355, because he is the recipient. Alderman Federow indicated a pecuniary interest on Report PD- 2002 -58, because the owner's firm was carrying out work on his property; indicated a pecuniary interest on Report PD- 2002 -59, because he resides in the area; indicated a pecuniary interest on Report PD- 2002 -62, because the applicant is conducting an assessment on his property; and indicated pecuniary interests from Community Services Committee, on Report F -2002- 43, Cheque Nos. 267852 and 268099, Niagara Falls Humane Society, because he has ongoing issues. -2- Alderman Feren indicated pecuniary interests from Community Services Committee, on Report F- 2002 -43, Cheque No. 267968 and on Report BBS- 2002 -08. Alderman Fisher indicated pecuniary interests from Community Services Committee, on Report F- 2002 -43, Cheque No. 267910 because she is the recipient; and on Report BBS- 2002 -08, because a member of her family is employed by the applicant. Alderman loannoni indicated a pecuniary interest from Community Services Committee, on Report F- 2002 -43, Cheque Nos. 268114 and 267865 because she is the recipient. Alderman Pietrangelo indicated a conflict of interest on Report L- 2002 -31, because a member of his family is involved in testamentary devise matters. Alderman Volpatti indicated a conflict of interest on Communication No. 107, because her husband is a member of the organization. PRESENTATIONS Red Raiders Juvenile Boys Basketball Team His Worship Mayor Thomson, presented tokens of appreciation to the following Red Raiders Juvenile Boys Basketball Team, who had won the Hewlett Packard Cup. Dusty Bianchin Kenny Colosimo Kevin Jones Scott Murray Brad Rootes City of Niagara Falls Environment Award Dave Carlone Brandon Gracie Mike Kemp Jay Oliver Along with their Coach, Vito DiMartino; Assistant Coach Ian Longmuir, and Manager Bill Rootes. Mayor Thomson congratulated and expressed best wishes to all the members of the Red Raiders Juvenile Boys Basketball team. His Worship Mayor Thomson and Alderman Selina Volpatti, Chair, Environmental Planning and Greening Committee, congratulated and presented the City of Niagara Falls Environment Award to Ray Wilson, for his many years of involvement in the environmental field; and to the Friends of the Haulage Road Trail representatives, Mr. Clyde Carruthers and Mr. Kerry Murphy, for protecting this valuable environmental resource. -AND Report R- 2002 -32 Chair Environmental Planning Greening Committee Actions Stemming from the Environmental Planning Greening Committee Meeting of May 15, 2002. The report recommends that Council endorse the actions of the May 15, 2002 meeting of the Environmental Planning Greening Committee. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. The Future of Hospital Facilities -3- DEPUTATIONS His Worship Mayor Thomson introduced Mr. John Carter, who provided background information on hospital facilities in the Niagara Region; he addressed the cost of sustaining aging facilities, the changing face of medicine, the alternatives for administration and utilization of management; he proposed a single site "state of the art" acute care facility and its' benefits; referred to a possible location of such a facility; the construction time and financing associated with such a facility. Mr. Carter urged Council to consider supporting the single acute care facility hospital. His Worship Mayor Thomson thanked Mr. Carter for his presentation. Following the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Puttick, that Council supports a single acute care hospital facility. Carried Unanimously. Medieval Festival Mr. Will Beaudoin, Co- ordinator of The Medieval Festival Fund Raiser, introduced some of the participants and provided information on the upcoming Medieval Festival being held on Queen Street, the weekend of June 22n 2002. He advised that funds would be raised for Tender Wishes and extended an invitation to members of Council and to the community to attend the festival. His Worship Mayor Thomson thanked Mr. Beaudoin for his initiative and enthusiasm in this endeavor. Niagara Water Quality Protection Strategy Mr. Paul Montgomery, Senior Environmental Engineer, Water!Wastewater, The Regional Municipality of Niagara, advised that the Niagara Water Quality Protection Strategy was a multi jurisdictional plan that was about Protecting and Managing Ground and Surface Water Resources; he expounded on the Five Components of the Strategy: 1) Human Health; 2)the Natural Environment; 3) Agriculture Commerce; 4) Recreation and 5) Proposed Risks and Liabilities. He reviewed the Environmental and Economic Opportunities; the Development of an Integrated Management Strategy and the Implementation and Monitoring of the Plan. He requested that Council support the plan and assign the staff to the Region to provide comments and recommendations to the strategy. Following the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the appropriate staff be assigned to the Region, in orderto provide comments and recommendations on the Niagara Water Quality Protection Strategy. Carried Unanimously. Niagara Falls Public Library -4- Ms. Inge Saczkowski, Manager of Children's Services, Niagara Falls Public Library, provided an update on the Library's Summer Reading /Literacy program for children, entitled "Snap it Up Bite into a Good Book, commencing on June 22, 2002. World Class Freshwater Fishing Mr. Joe Montgomery introduced his map on World Class Freshwater Fishing which indicated that the best fishing in Ontario was in the Niagara Region; he advised that the fishing map would attract visitors and locals alike and would be a means of increasing tourism during the shoulder months. He suggested that all hotel and tourist establishments should carry copies of this map for interested individuals. His Worship Mayor Thomson thanked Mr. Montgomery for his presentation. CURRENT PLANNING MATTERS PD- 2002 -48 Chief Administrative Officer Re: Recommendation Report Brookfield Court Draft Plan of Subdivision; 26T -11 -02 (Revised); Owner: Cuviello Construction Ltd. In Trust (Agreement of Purchase and Sale) Zoning By -law Amendment Application AM- 10/2002; Owner: Falls Manor Motel. The report recommends the following: 1. That Council authorize the release of the recreational trail easement over Parts 2 3, Reference Plan 59R -9719, from Falls Manor Limited to the City, registered as Instrument Number 719536, to be discharged when the proposed subdivision is registered; 2. That the Brookfield Court Plan of Subdivision be draft approved subject to the conditions in the attached Appendix; 3. That the Mayor or designate be authorized to sign th 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; 4. That the 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. -AND Communication No. 79 John Nagy. The communication advises withdrawal of the Falls Manor, Cabin Lands application. Communication No. 80 Rick Linda Volpini, 6187 Clare Crescent. The communication expresses concerns with respect to the public notification process and comments on the provision of information for discussion purposes. Communication No. 81 Glen Barker, Director, BLS Planning Associates. The communication requests deferral of the application due to previous commitments. Communication No. 82a) Walter Joan Field, 6245 Clare Crescent. The communication expresses concerns regarding the proposed development and the effect of the 13 extra homes on the sanitary sewer system, which could cause basement flooding. -5- AND Communication No. 82b) expressing concerns with respect to changing the location of the bike trail. Communication No. 83 Callum Shedden, Daniel, Black, Hill. The communication confirms the Developer's position on the following: 1) to protect the integrity of the large tree located on the boundary between Lot and property owned by Rick Volpini; 2) the Developer's preferred location of the trail to be between Lots 3 4; 3) and the turning circle at the end of the street would be designed and constructed to City standards. Communication No. 84a) Regional Niagara, Planning and Development Department. The communication advises as not being in opposition to draft approval of the Brookfield Court plan of subdivision, from a Regional and Provincial planning perspective, subject to the conditions of draft plan approval as set out in Appendix 1. AND Communication No. 84b) Regional Municipality of Niagara, Public Works Department. The communication advises as not being in opposition to draft approval, subject to the developer being forewarned that draft approval does not include a commitment of servicing allocation, but will be assisted at the time of final approval /registration and any pre servicing, which may be undertaken, will be at the sole risk of the developer. Communication No. 85 Joseph Cuviello, 488745 Ontario Limited. The communication advises that the applicant agrees to defer the application for two (2) weeks to resolve the outstanding issues regarding the Trail and the Red Pin Oak tree. Communication No. 86 John Nagy. The communication requests a deferral of the application until May 27 2002 to resolve the issue at hand. Communication No. 87 Glen Barker, BLS Planning Associates. The communication advises that the residents of the Brookfield /Clare Neighbourhood have the following issues: trail location, the preservation of the oak tree and the design of the subdivision relative to Mr. Nagy's northerly lands. Communication No. 88 Mary Gizzie, 5997 Brookfield Avenue. The communication proposes that there be no construction at Lot #13 and that the proposed Trail, that will travel along Hydro properties (along the Mitchell Line) be preserved. Communication No. 89 Roman Cheese Products Limited, 7770 Canadian Drive. The communication requests that Council turn down Option #4, which is to have the proposed walkway. Communication No. 90 George Waters, Waters Meredith. The communication requests that Council turn down Option #4, which is to have the proposed walkway. Communication No. 91 Lucille Coleman, 5953 Valley Way, which attaches correspondence to Ms. Paula Berketo, Landscape Architect. The communication expresses concerns with respect to comments made with respect to tree removal in the Brookfield Court vicinity. Communication No. 92 -June Heximer, 6125 Brookfield Avenue. The communication expresses opposition to having a trail behind her back yard and suggests that the trail be placed next to the Hydro land. Communication No. 93 Robert D. Ainslie, M.D.. The communication expresses concerns that having a trail along the hydro canal will invite youths loitering, partying and getting into mischief and suggests that the proposed trail going by the giant two hundred year old oak tree and crossing Clare Crescent to an open visible area in the Hydro right of way towards Dorchester Manor would be easier to monitor by police and indicates that the oak tree should be saved. -6- Communication No. 94 William Kandracs, 6351 Clare Crescent. The communication expresses opposition to the proposed Option #4 Mitchell Line bike trail, because this would cause a serious nuisance and security problems in the area; and destroy a natural bird and animal sanctuary which has existed for many years. Communication No. 95 Ross J. W. Gillett, 5962 Brookfield Avenue. The communication provides comments on the proposed plan of subdivision regarding extending the proposed road allowance to the north end of the plan property; the construction of the trail. Communication No. 96 Rev. Robert J. Davis, 6101 Clare Crescent. The communication expresses concerns regarding increased traffic flow and congestion due to the proposed subdivision; the devaluation of properties in the area; advised that the area provides a welcome green space to mitigate the noise, pollution and frenzy of Lundy's Lane and suggests that the proposed development will have a negative effect in the neighbourhood. Communication No. 97 Joanne Garrison, 6089 Brookfield Avenue. The communication expresses concerns that through the proposed subdivision, they would have a road in their front yard as well as directly in their backyard; and requests that consideration be given to flipping the plan to allow having rear yard neighbours. Communication No. 98 Joan London, 6050 Clare Crescent. The communication expresses concerns that the proposed subdivision would have an increase in traffic flow and suggests that a sign indicating "Hidden Intersection" and No Exit" be installed; expresses concerns with respect to the adequacy of the present sewer system. Communication No. 99 Rick Linda Volpini, 6187 Clare Crescent. The communication expresses the opinion that keeping the current easement in the present alignment can be integrated into the proposed development, with the plan meeting and exceeding all current zoning by -laws; indicates that the trail would be a wonderful asset to this development and to the community, while preserving some unique features of this neighbourhood; and states that the 200+ Native Red Oak tree be preserved; requests to be informed of any proposed changes to the easement or the plan for the trail; and expresses the wish to participate in future meetings to discuss these issues. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by prepaid First Class mail on April 19, 2002. His Worship Mayor Thomson received indication that the applicant was in attendance, 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. -7- The Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; The Proposal; The Planning Review; advised that the Brookfield Court Draft Plan of Subdivision was an appropriate development for the site; he outlined the three areas of concern, specifically, the residents' concerns of the possible expansion of tourist commercial development on the cabin lands to the north; the trail location /systems and the protection of the 200 -300 year old Red Oak Tree. He advised that staff were recommending approval of the application subject to the conditions outlined in the report. 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. Mr. Glen Barker, Consultant/Planner, BLS Planning Associates, advised that the residents of the Brookfield /Clare Neighbourhood were in agreement with staffs recommendations, and requested that 2 or 3 representatives from the neighbourhood be involved in discussions on the trail location and the tree preservation plan; he also requested the opportunity for the residents to have further input into the "no build zone" issues. In response to concerns raised with respect to the walkway, the Chief Administrative Officer indicated that the subdivision would be registered on title and that the walkway would therefore be identified for future purchasers. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 10/2002, closed. ORDERED on the motion of Alderman Feren, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Campbell, seconded by Alderman Pietrangelo, that the communications be received and filed. Carried Unanimously. PD- 2002 -58 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 1712002, 5692 5696 Banker Street; Applicant: Kevin Maves Proposal to Legalize a Four -Unit Dwelling. The report recommends that Council deny the Zoning By -law amendment application to legalize a four -unit dwelling at 5692 5696 Banker Street. AND Communication No. 100 Regional Niagara, Planning and Development Department. The communication advises as having no objection to the approval of the application. AND Communication No. 101a) (Handout) Barbara Allen. The communication expresses parking, the size of the building, noise and garbage concerns. AND Communication No. 101b) (Handout) The Citizens of Banker Avenue, attaching a petition in opposition to the proposal, headed by Barbara Allen. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by prepaid First Class mail on May 17, 2002. -8- His Worship Mayor Thomson received indication that the applicant was in attendance, 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 discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; The Proposal; The Planning Review; advised that the proposed four -unit dwelling was in contravention of the zoning by -law and was not compatible with the neighbourhood in terms of the building, parking arrangements, density and setbacks. He stated that the property was insufficient in size to accommodate a four -unit dwelling and therefore, Planning staff were recommending denial of the application. 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 positive response in opposition to the application. Mr. Steve Parker, 5682 Banker Street, on behalf of the area residents, referred to a petition presented to Council, expressing opposition to the proposal; he addressed noise and parking concerns and questioned what the timeframe was before the fourplex was turned back into a duplex. Mr. Barry Magna, co- owner, provided a brief history of the circumstances which had occurred leading to the present situation. Mr. Kevin Mayes, co- owner, informed Council that following some discussions with planning staff, it had been suggested that an application for an R4 zoning be made; he commented on staffs recommendations regarding density, location and parking. and stated that his building had met 15 of the 19 zoning regulations and requested approval of the application. Mr. Magna advised that they were willing to work with staff and the residents to resolve their concerns and issues. Ms. Debora Lapointe, 5777 Summer Street, expressed concerns regarding damage that had been sustained to her fence during the construction and questioned whether her fence could be repaired. The City Solicitor provided clarification and responded that Ms. Lapointe could apply to the City Clerk for a fence viewer to be dispatched to her home to do an assessment on the damaged fencing. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 17/2002, closed. ORDERED on the motion of Alderman loannoni, seconded by Alderman Fisher, that the application be denied. The motion Carried with Alderman Federow abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. -9- ORDERED on the motion of Alderman loannoni, seconded by Alderman Fisher, that the correspondence be received and filed. Carried Unanimously. PD- 2002 -57 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 32/2002, 5840 Dunn Street; Proposed 4 Storey, 16 Unit Apartment Building; Michael Colaneri Tara Colaneri. The report recommends that Council pass the resolution appearing in tonight's agenda which states that no further notice is required in respect of the revised amending by -law and that Council pass the amending by -law to permit the construction of a 4- storey, 16 unit apartment building at 5840 Dunn Street. The Director of Planning and Development suggested that Council pass the resolution and the amending by -law to permit a 4- storey, 16 unit apartment building at 5840 Dunn Street and advised that the developer was requesting approval to permit the construction. Discussion ensued with respect to the holding of another public meeting, and following further discussion, on the motion of Alderman loannoni, seconded by Alderman Wing, that the interested speakers in attendance be permitted to address Council. Carried Unanimously. Ms. Dawn Damiano, 6628 Ailanthus Avenue was in attendance on behalf of 37 residents in the area, and addressed the issues of lot size, building height; she expressed opposition to the statement that "changes are minor" and stated that no shadow study had been conducted or provided and indicated that the right to sunlight must be protected. The Director of Planning and Development responded that it was not City policy to provide a shadow study in such matters, and further, that it was at the discretion of Council, whether another public meeting was to be held. Mr. Michael Colaneri and Tara Colaneri provided a brief summary of the events leading to the present application and advised that following some meetings in which only a few area residents had attended, modifications had been made to the application with respect to concerns expressed. ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Volpatti, that the matter be deferred in order that the applicant meet with staff and concerned residents to address the issues and provide an opportunity for a compromise and that the matter be brought back to the next Council meeting. The motion Carried, with Alderman Puttick voting contrary to the motion and with all others voting in favour. Alderman Feren indicated a conflict of interest on the following application because he resides in the area and vacated Council Chambers. PD- 2002 -55 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 14/2002, South side of Delta Drive, East of Montrose Road; Applicants: George Gueorguiev Pierre Lefeuvre; Proposal for a Semi detached Dwelling. The report recommends the following: 1) That Council approve the Zoning By-law Amendment application to rezone the land R2 with a special provision permitting a lot area of 557 Square meters (6,000 square feet); 2) That Council pass the amending by -law included in tonight's agenda to implement the zone change. -10- AND Communication No. 102 Regional Niagara, Planning and Development Department. The communication advises as having no objection to the proposed application. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by prepaid First Class mail on May 17, 2002. His Worship Mayor Thomson received indication that the applicant was in attendance, 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 discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; The Proposal; The Planning Review and advised that the application was in keeping with the neighbourhood fabric and was appropriate with the adjacent lots and zoning and therefore, Planning staff were recommending approval of the application. 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 positive response in opposition to the application. Ms. Victoria Jennings, a resident on the north side of Delta Drive, expressed traffic concerns with the addition of two extra dwellings which would result in further traffic congestion in the area; referred to the lack of sidewalks; loitering and littering in the area. The applicant, Mr. Pierre Lefeuvre, expressed the opinion that the concerns expressed were minor and that his application was appropriate with the zoning of the surrounding area. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 14/2002, closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the report be received and adopted. The motion Carried with Alderman Feren abstaining from the vote on a conflict of interest and with all others voting in favour. See By -law No. 2002 -115 PD- 2002 -56 Chief Administrative Officer Re: Zoning By -law Amendment Application; Temporary Use By -law; AM- 15/2002, 5815 Victoria Avenue and 5740 Ellen Avenue; Applicant: 1057748 Ontario Inc., Agent: Brandon Boone; Proposed Temporary Off-Site Parking for Pump's Night Club. The report recommends the following: 1. That Council approve the application to amend the Zoning By -law to permit a portion of the required parking for the Pump's Night Club at 5815 Victoria Avenue to be provided temporarily (three years) on leased lands located at 5470 Ellen Avenue conditional upon: a) the temporary use by -law containing site specific provisions requiring landscaping along Ellen Avenue in lieu of requiring a site plan agreement; b) that any future rezoning applications respecting this matter be subject to a site plan agreement including the dedication of lands along Ellen Avenue for road widening; 2. That Council approve the temporary use by -law on tonight's agenda. -AND Communication No. 103 Regional Niagara, Planning Development Department. The communication advises as having no objection to the approval of the application. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. His Worship Mayor Thomson received indication that Mr. Brandon Boone was in attendance on behalf of the applicant, and received a negative response to his request for a show of hands by persons present who were interested in the application. 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- 15/2002, closed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. See By -law No. 2002 -119 PD- 2002 -59 Zoning By -law Amendment Application; AM- 1612002, North Side of Marshall Road, West of the Niagara Parkway; Applicant: Phil Fisher; Proposal to Repeal a Zoning By -law that Permits a Food Processing and Packaging Plant on the Lands. The report recommends the following: 1. That Council approve the Zoning By -law amendment application to prevent a food processing and packaging plant from being reestablished on the land; 2. That Council adopt a by -law to repeal By -law No. 75 -154 after the applicant has completed an environmental site assessment and an archaeological assessment to the Regional Municipality of Niagara' satisfaction. -AND Communication No. 104 Phil Fisher, Phil Fisher Associates Ltd. The communication requests that the application be deferred His Worship Mayor Thomson received indication that the applicant had requested that the application be deferred for further discussion. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the application be deferred at the request of the applicant. The motion Carried with Alderman Federow abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. PD- 2002 -60 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 18/2002, 3736 Kalar Road; Applicant: Eva Fortuna; Proposal for Four Lots for Single Detached Dwellings. The report recommends the following: -12- 1) That Council approve the Zoning By -law amendment application to establish appropriate zoning to guide the construction of single detached dwellings on the approved lots and protect the floodplain of the adjacent watercourse; 2) That the comments regarding the erection of a fence along the northerly and easterly property boundary and Regional review of grading and stormwater management plans be referred to staff to be dealt with in the future development agreement on the property. -AND Communication No. 105 Regional Niagara, Planning and Development Department. The communication advises as not being opposed to the zoning by -law amendment subject to the implementation of the Environmental Impact Study and a storm water management plan through the development agreement to be entered into with the City. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by prepaid First Class mail on April 19, 2002. His Worship Mayor Thomson received ind.cation that the applicant was in attendance, and received a positive response to his request for a show of hands by persons present who were interested in the appliGation. 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. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 18/2002, closed. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the correspondence be received and filed. Carried Unanimously. PD- 2002 -54 Chief Administrative Officer Report on Request fo Additional High Rise Hotel Guidelines. The report recommends that City Council maintain its current Built Form Design Guideline criteria for the high -rise tourist core. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. PD- 2002 -61 Chief Administrative Officer Re: Application for Site Plan Amendment; SPC- 14/2001, NE Corner of Stanley Avenue and Dunn Street; Rudan Holdings Limited; Proposed Crowne Plaza Hotel. The report recommends that Council endorse the revised design and cladding of the Crowne Plaza Hotel to facilitate staffs future approval of the site plan application. ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. PD- 2002 -62 Chief Administrative Officer Re: Comments on Valleyland; Plan Input and Review Policies. The report recommends the following: -13- 1) That Council approve, in principle, the Valleyland Plan Input and Review Policies; 2) That the NPCA be requested to better identify the types of valleylands in Niagara Falls in order to assist the City in incorporating valleyland requirements in its planning documents through the Official Plan and Zoning By -law updates; 3) That policies regarding public ownership of and access to valleylands be clarified. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with Alderman Federow abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. REGULAR COUNCIL ADOPTION OF MINUTES ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that the Minutes of the Regular Meeting of May 27, 2002 be approved as printed. Carried Unanimously. COMMUNICATIONS Communication No. 106 Niagara Clock Giftware Re: Directional Signs. The communication requests that Council consider their special sign permit for directional signs to be placed along Stanley Avenue. Mr. Anthony Bulgar, Niagara Clock Giftware provided background information on his retail outlet and for the need of directional signs to his establishment and requested Council's consideration on the matter. Following the discussion, it was ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni, that the matter be referred to staff. Carried Unanimously. Communication No. 107 Order of Sons of Italy of Canada Re: Pyrotechnic Fireworks Display. The communication requests approval for a pyrotechnic fireworks display at Club Italia's Annual Picnic to be held on July 14, 2002. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that the request be approved subject to established policy. The motion Carried with Alderman Volpatti abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. Communication No. 108 Peterson Community Workshop Re: Appointment to Board of Directors. The communication requests that Council appoint Alderman Shirley Fisher as liaison to their Board of Directors. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the request be approved. Carried Unanimously. Communication No. 109 The Mike Strange Boxing Club Re: Waiving of Fees. The communication requests that Council consider waiving the fees incurred at the Niagara Falls Arena for the Team Canada vs. Team Italy charity dual boxing event on July 6, 2002 in order to raise funds for local charities in Niagara Falls. ORDERED on the motion of Alderman Feren, seconded by Alderman loannoni, that the request be approved with a report back regarding finances and attendance. The motion Carried with Alderman Puttick voting contrary to the motion and with all others voting in favour. -14- REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the actions taken in Community Services Committee, earlier this evening, be approved: 1. Adoption of the May 13 2002 Community Services Committee Minutes; 2. MW- 2002 -69 Traffic Impact Study Guidelines that the document "Guidelines for the Preparation of Traffic Impact Studies" be adopted; 3. MW- 2002 -70 Amendment to Add a Non Hazardous Waste Transfer Station at Marine Clean Ltd. that the City of Niagara Falls not oppose adding non- hazardous solid waste in addition to the liquid hazardous waste to Marine Clean Ltd's Certificate of Approval; 4. MW- 2002 -72 Asphalt Overlay Road Rehabilitation Selection Process that the information contained in this report be received and filed; 5. MW- 2002 -75 Drainage Ditch Concerns Chippawa that this report be received and filed and that the report be forwarded to F.J. Rutland School; 6. MW- 2002 -77 Fallsview Boulevard Watermain Relocation and Repair that staff be directed to open the capital account for the reconstruction of Fallsview Boulevard and charge the cost of repair and relocation of the watermain to that account; 7. MW- 2002 -78 Appointment of Consultant Stanley Avenue Sanitary Sewer Watermain that the City of Niagara Falls authorize the Regional Municipality of Niagara to amend their Consulting Services Agreement with Totten Sims Hubicki Associates for the design work of the sewer and watermain infrastructure on Stanley Avenue for an upset limit of $25,500.00; 8. MW- 2002 -79 Request for Taxi Stands Various Locations that the taxi stand locations recommended in this report, be approved on a temporary basis; and, all of the locations be reviewed in the Fall; 9. BBS- 2002 -07 Indexing of Development Charges that the report be for the information of Council; 10. BBS- 2002 -08 Travel Lodge (Pizza,Pizza), 4943 Clifton Hill, Proposed Sign that the proposed sign variance be approved; 11. R- 2002 -03 Late Hour Ice Rental that the last hour available for ice rental hour on Sunday through Thursday inclusive at all City Arenas be charged at the adult non prime rate; 12. F-2002-41 -Reimbursable Kilometrage Rates that the reimbursable kilometrage rate payable to city employees who use their personal automobiles on City business, remain at $0.389 per kilometre; the reimbursable kilometrage rate continue to be reviewed on an annual basis; 13. F- 2002 -42 Project Share Funding that the report be for the information of the Community Services Committee; 14. F- 2002 -43- Municipal Accounts that the municipal accounts totalling $3,812,048.35 for the period ending June 17, 2002 be approved; -15- 15. F 2002 44 Vacant Property Tax Rebates that the report be for the information of the Community Services Committee; New Business: 1. Waste Management Tax that staff prepare a report regarding the tax on vacant properties and farmland and bring forth options to provide relief for 2003; 2. That staff prepare options to deal with the intersection of Centre Street and Victoria Avenue; 3. Alderman Puttick requested that staff contact the Region and request that repairs to the road and traffic detector, at the intersection of Thorold Stone /Drummond Road be completed, as soon as possible. Carried. See By -law No. 2002 -121 R- 2002 -34 Chair, Canada Day Committee Re: Canada Day 2002. The report recommends that this report be received and filed for information. The Chair, Canada Day Committee advised that the theme for Canada Day 2002 was, "Celebrate Canada Niagara Falls Style" and provided a brief summary of events that would take place at the Canada Day festivities; he recognized the individuals and groups that had donated to the Canada Day festivities; advised that $10,030.00 in donations had been received to date and extended an invitation to the citizens of Niagara Falls to attend the celebrations at Optimist Youth Park on July 1, 2002. Following the presentation, it was ORDERED on the motion of Alderman Craitor, seconded by Alderman Feren, that the report be received for the information of Council. Carried Unanimously. R- 2002 -35 Chair, Canada Day Committee Re: Canada Day, Free Swimming. The report recommends that City Council authorize free swimming at the four (4) Municipal Pools on Monday, July 1, 2002, as part of the celebrations planned for Canada' 135th Birthday. ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. FS- 2002 -10 Chief Administrative Officer Re: Response to Hazardous Material Incidents. The report recommends that Council authorize the City to enter into an agreement with various hazardous waste haulers for the control, cleanup and disposal of various hazardous materials. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. CAO- 2002 -04 Chief Administrative Officer Re: Chippawa Recreational Dock Project. The report recommends for the consideration and direction of Council. Mr. Greg Chisolm, an area resident, expressed safety concerns with respect to the location of the dock and the possible damage by the fishing lines to the boats entering and exiting the area. He pointed out that waterways are under the jurisdiction of the Ministry of Oceans Fisheries, downloaded to the Ministry of Natural Resources. -16- The Chief Administrative Officer provided a brief update on the Chippawa Recreational Dock project and indicated that staff had been in support of a request to provide assistance with the cost of constructing the dock in the amount of $2,500.00, but advised that some residents and the Chippawa Boat Club were opposed to the dock location and of the possible conflict the fisherman would create with boats entering and exiting the area. He mentioned that the property was leased by Hydro to the Dock Owners and that the City had no authority. He indicated that numerous attempts had been made to resolve the matter with no success and that the boat dock owners were moving forward with the project. Alderman Federow questioned whether any of the waterway authorities had expressed opposition to the dock. He was informed that none had expressed concern. Mr. Al Oleksuik, Vice Chair, the Chippawa Dock Association, advised that this was a well thought out, carefully planned project with numerous community organizations being in support; he advised that following the meetings held and based on the concerns expressed, adjustments were made to the dock and to the design. He expressed the opinion that the objections against the project were unfounded. Following some discussion, on the motion of Alderman Janvary-Pool, seconded by Alderman loannoni, that the matter dealing with the issue of financial assistance be deferred. The motion was Defeated with Aldermen Feren, Fisher, Pietrangelo, Puttick, Volpatti, and Wing, voting contrary to the motion and Aldermen Campbell, Craitor, Federow, loannoni, and Janvary-Pool, voting in favour. Following further discussion, on the motion of Alderman Wing, seconded by Alderman loannoni, that Council approve the request for financial assistance of $2,500 towards the construction of the dock. The motion was Defeated with Aldermen Craitor, Feren, Fisher, Janvary-Pool, Pietrangelo, Puttick and Volpatti voting contrary to the motion and with Aldermen Campbell, Federow, loannoni and Wing voting in favour. His Worship Mayor Thomson declared a conflict of interest, because he is a member of the Chippawa Dock Association, and relinquished the Chair. Alderman Selina Volpatti assumed the Chair. The Chief Administrative Officer provided clarification on the issue of conducting a feasibility study of the waterway and of Council's decision not to go ahead with the study; he advised that, subsequently, an agreement occurred between Ontario Hydro and the Chippawa Dock Association and that the presence of the Dock Association would allow for better security and maintenance of the property; he further stated that Ontario Hydro would not have to deal with property owners on an individual basis. On the motion of Alderman Feren, seconded by Alderman Puttick, to authorize staff to meet with representatives of Ontario Hydro to investigate the feasibility of the City taking over the leases and putting the property under the City's control. Following further discussion, it was ORDERED on the motion of Alderman Janvary- Pool, seconded by Alderman loannoni, that the matter be deferred in order that staff have further discussions on the issues. The motion Carried with a 6 -5 vote. His Worship Mayor Thomson resumed the Chair. -17- CD- 2002 -16 Chief Administrative Officer Re: Special Occasion Permits. The report recommends that Council indicate it has no objection to the issuance of Special Occasion Permits to the organization listed in this report. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. L- 2002 -28 Chief Administrative Officer Re: Declare Lands Surplus and Offer for Sale Forty Foot Strip of City Land at rear of 3846 Portage Road. The report recommends that the forty foot strip of City -owned lands at the rear of 3846 Portage Road be declared surplus and offered for sale to The Lions Club of Stamford and further, that The Lions Club of Stamford pay for all costs associated with the sale including the cost of a reference plan. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Puttick, that the report be received and adopted. Carried Unanimously. L- 2002 -29 Chief Administrative Officer Re: Sidewalk Cafe Licence Agreements. The report recommends the following: 1. That there be a blanket authorization to process Sidewalk Cafe Licence Agreements and related documents, including amending existing agreements, have same executed by the Mayor and Clerk, provided that all requirements and conditions are satisfied and that the guidelines are generally complied with. 2. That a Sidewalk Cafe Licence Agreement with Montana's Prime Rib, Steak Seafood located at 5657 Victoria Avenue to permit a sidewalk cafe, be authorized. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that Recommendation #1 be approved and that Recommendation #2 be withdrawn at the request of the applicant. The motion Carried with Aldermen loannoni and Wing voting contrary to the motion and with all others voting in favour. L- 2002 -31 Chief Administrative Officer Re: DeFilippis Agreement with the City Building Permit Testamentary Devise; Part 8 on Reference Plan No. 59R -7428 Morris Road. The report recommends that Council authorize an Agreement dated June 5, 2002 between Ernie DeFilippis and Kimberly DeFilippis and the City regarding application for a Building Permit. ORDERED on the motion of Alderman Feren, seconded by Alderman Campbell, 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. RATIFICATION OF COMMITTEE -OF- THE -WHOLE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the following actions taken in Committee -of- the Whole, earlier this evening be approved: That the City accept the gift of land (Re: Chippawa Willoughby Memorial Arena) from River Realty and that staff take all the necessary steps for the transfer. Carried Unanimously. BY -LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that leave be granted to introduce the following by -laws, and the by -laws be read a first time: 2002 -115 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 14/2002, Pierre Lefeuvre /George Gueorguiev) 2002 -116 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 laws. 2002 -117 DEFERRED -18- 2002 -118 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Re: Parking Prohibited, Taxi Cab Stands) 2002 -119 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 15/2002, 5815 Victoria Avenue 5740 Ellen Avenue) 2002 -120 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 01/2002, 1006057 Ontario Limited) 2002 -121 A by -law to authorize monies for General Purposes (June 17, 2002) 2002 -122 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 17 day of June, 2002. The motion Carried with Aldermen Craitor, Federow, Feren, Fisher and loannoni abstaining from the vote on By -law No. 2002 -121 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the following by -laws be now read a second and third time: 2002 -115 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 14/2002, Pierre Lefeuvre /George Gueorguiev) 2002 -116 2002 -117 DEFERRED 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 laws. 2002 -118 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Re: Parking Prohibited, Taxi Cab Stands) 2002 -119 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 15/2002, 5815 Victoria Avenue 5740 Ellen Avenue) 2002 -120 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 01/2002, 1006057 Ontario Limited) 2002 -121 A by -law to authorize monies for General Purposes (June 17, 2002) 2002 -122 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 17t day of June, 2002. The motion Carried with Aldermen Craitor, Federow, Feren, Fisher and loannoni abstaining from the vote on By -law No. 2002 -121 on conflicts of interest previously noted and with all others voting in favour. Letter of Condolence NEW BUSINESS ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary -Pool, that a letter of condolence be forwarded to the family of the late Jack Dean. Carried Unanimously. Rain Barrel Campaign Alderman Shirley Fisher referred to the successful rain barrel campaign /sale. She was advised by the Director of Municipal Works that the campaign would be looked at again next year. Danny O's (formerly Good FeIlas) Parking Alderman Janice Wing referred to the outstanding issues dealing with Danny O's (formerly Good FeIlas) parking arrangements and of vehicles blocking the sidewalk on Murray Street and requested further information on the matter. ORDERED on the motion of Alderman Wing, seconded by Alderman Craitor, that a report be brought back regarding the outstanding issues dealing with Danny O's (formerly Good Fellas) parking arrangements and of vehicles blocking the sidewalk on Murray Street. Niagara Worship Centre Alderman Carolynn loannoni advised that the provision of fencing had been a condition of approval to allow for an addition at the Niagara Worship Centre and she stated that, to date, no fencing had been provided. She was advised that staff would be following up on the matter. Niagara Mid Peninsula Corridor Alderman Art Federow referred to the Niagara Mid Peninsula Corridor, and suggested that the Region look into a connection from the proposed highway to Niagara Falls. He suggested that the abandoned railway line that goes under the Canal be considered. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, -19- DA, CITY CLERK WAYNE THOMSON,