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2002/08/01Council met on Thursday, August 1, 2002 at 4:15 p.m. in Committee -of- the Whole. All members of Council were present with the exception of Aldermen Craitor and Orr. His Worship Mayor Thomson presided as Chairman. SPECIAL COUNCIL MEETING COMMITTEE -OF- THE -WHOLE Committee Room 1 August 1, 2002 Following consideration of the items presented, the Committee -of- the -Whole rose to report in open session. READ AND ADOPTED, DE A CLERK C C PLANNING /REGULAR MEETING DISCLOSURES OF PECUNIARY INTERESTS PLANNING MATTERS MAYOR WAYNE THOMSON Council Chambers August 1, 2002 Council met on Thursday, August 1, 2002 at 4:30 p.m. for the purpose of considering Planning and Regular Business matters. All members of Council, with the exception of Alderman Craitor and Orr, were present. Alderman Ken Feren offered the Opening Prayer. Alderman Volpatti indicated pecuniary interests on Report PD- 2002 -72 (AM- 22/2002) because a member of her family is employed by Embassy Suites Hotel. Alderman Feren indicated pecuniary interests on Report BBS- 2002 -10 because he owns a sign business. PD- 2002 -72 Chief Administrative Officer Re: Official Plan Zoning By -law Amendment Application AM- 2312002; Proposed Six storey Addition to the Embassy Suites Hotel; Applicant: Niagara 21' Group. The report recommends the following: 1. That Council consider the report of the Architectural Peer Review panel which contains advisory recommendations with respect to the Embassy Suites Hotel application and the undertaking of a review of the Official Plan tourism policies. 2 2. Should Council approve the Embassy Suites Hotel expansion, it is recommended that the site plan agreement for the development be altered to accommodate additional wind mitigation measures. 3. Should Council endorse the APR panel suggestion to undertake a tourism policy review, it is recommended that appropriate terms of reference be prepared which would include Niagara Parks Commission input. AND Communication No. 122 Architectural Peer Review Panel. The communication provides reasons for denying the application and suggested that a special group be instituted, including representation by Urban Strategies, consultants for the original TADS study, to advise Council on the state of affairs given the early years of operation of development application under OP26. AND Communication No. 123 Regional Niagara, Planning and Development Department. The communication advises that this Amendment would not qualify for exemption from Regional approval. The City's tourism policies are designed to create a high quality tourism environment that will compete with the best in the world, and its success in implementing these policies is of importance not just to the City, but to Niagara as a whole, for it will affect the development of tourism throughout the Region. It further states that it is the incremental decisions that are made, one by one, on individual development applications that will determine whether the City's vision for tourism development, as outlined in TADS and the Official Plan, becomes a reality. The communication also advises that Regional Planning Staff are concerned that the proposed Amendment is not in keeping with the intent of the Official Plan and may be used as a precedent, undermining the City's efforts to protect the natural setting and view around the Falls and create an attractive pedestrian friendly street scape. AND Communication No. 124 (Handout) The Niagara Parks Commission. The communication refers to the views of the Architectural Peer Review Panel in that the approved building design does not comply with the Official Plan, so adding an additional six stories only further exacerbates the situation. AND Communication No. 125 (Handout) Bregman Harmann Architects. The communication addressed many concerns and fully support the application to amend the Official Plan and Zoning By -law submitted by the owner, citing that the amendments are appropriate, and maintain and respect the intent of the City's Official Plan tourism policies and flexible guidelines. They further indicate that the addition of six floors would improve the massing of the new building, creating a more slender, elegant structure when seen from Queen Victoria Park, and according to the TADS guideline this would provide for a varied, aesthetically pleasing skyline when the complex is viewed in context with the other surrounding tall buildings. 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 July 19, 2002. His Worship Mayor Thomson received indication that Ms. Italia Gilberti 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. 3 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 meeting. 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 recommended that Council consider the report and recommendations of the Peer Review panel with respect to the Embassy Suites hotel expansion and the suggestion for a tourism policy review, having regard to the questions contained in their report. Staff also recommends that if the Embassy Suites project is approved by Council, that the Site Plan agreement for the development be altered to accommodate additional wind mitigation measures as noted in the updated wind study report; and recommends that if Council endorses the APR panel suggestion to undertake a tourism policy review, it further recommends the preparation of an appropriate terms of reference and to include the Niagara Parks Commission as a party to same. Italia Gilberti was of the opinion that Council had the authority to go above 30 stories as per 4.611 of the TADS guidelines. It was also noted that the additional floors would make the building Tess squat. His Worship Mayor Wayne Thomson questioned the contentions made in the Region's letter arguing that the three towers have not been icons on the City's skyline for a number of years. He also stated that even the Parks Commission's architect had said that the taller design was more aesthetically pleasing. Following some discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren that a review be done by an independent consultant. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni that the motion be split. Carried Unanimously Council reviewed its two -year old Official Plan and Zoning Amendment Application which works well, but made the following recommendations: 1. That Council approve the request to extend the height of the Embassy Suites Hotel tower from 30 storeys to 36 storeys. 2. That the site plan agreement accommodate additional wind mitigation measures. 3. That appropriate terms of reference be brought forward to undertake a review of the City's tourism policies. ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren that Recommendation No. 1 be received and adopted. The motion Carried with Alderman Wing voting contrary to the motion and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Federow that Recommendation No. 2 and No. 3 be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren that leave be granted to introduce By -law 2002 -133 and the By -law be read a first time. 2002 -133 A by -law to amend the City of Niagara Falls Official Plan. The motion Carried with Alderman Wing voting contrary to the motion and with all others voting in favour. 4 ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren that the following By -law be now read a second and third time. 2002 -133 A by -law to amend the City of Niagara Falls Official Plan. The motion Carried with Alderman Wing voting contrary to the motion and with all others voting in favour. Boathouse Restaurant DEPUTATION Ms. Tracy Stamp addressed Council on benalf of the Boathouse Restaurant and expressed concerns about on -going road reconstruction in front of her restaurant on the Niagara Parkway. She referred to the City policy which recommends that construction not take place between June 15 and September 15 in the tourist area. She contended that her business has suffered a devastating loss due ;o the inability of tourists to gain access to her restaurant. Staff advised that construction was delayed because of the OPSEU strike and if construction is deferred until after September, the cost would exceed $15,000.00 beyond the contract price, plus an additional $6,000.00 for night work, if done at that time. Preference would be to complete the job in approximately two to three days time. Construction is also planned on Mechanic Street in a few days. Following some discussion, it was ORDERED on the motion of Alderman Volpatti and seconded by Alderman Feren that this be referred to Staff with the view of expediting matters with minimal hardship on Ms. Stamp's business. Carried Unanimously MAYOR'S REPORTS. ANNOUNCf;:MENTS. REMARKS His Worship Mayor Thomson advised that he received complaints from seniors about the escalation of insurance rates for seniors heading to the south for the Winter months. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren that Staff prepare a resolution to be forwarded to the Provincial government in order to alleviate these problems and suggested that the fee increasil be spread over a few years to assist people who have worked towards this all of their lives. Carried Unanimously His Worship Mayor Thomson advised that Premier Ernie Eves would be in attendance at the 2002 AMO Conference at the Royal York Hotel, Toronto, from August 18 to 21S and that Premier Eves will address delegates on Monday, August 19 COMMUNICATIONS Communication No. 127(a) The Niagara Food and Wine Classic Re: Special Occasion Permit. The communication requests Council's support to allow for a Special Occasion Permit under Alcohol Gaming Commission of Ontario requirements. 5 -AND Communication No. 127(b) Memofandum City Clerk Re: Special Occasion Permit. The communication advises that in order for Niagara Falls Tourism to receive a Special Occasion Permit, a municipal resolution must be passed designating the Niagara Wine Food Classic as a significant event ORDERED on the motion of Alderman Feren, seconded by Alderman Janvary-Poole that the request be supported. Carried Unanimously Communication No. 128 City of Port Colborne Re:Nursing Program at Niagara College. The communication requests that a resolution passed on June 24 2002, by the City of Port Colborne, be presented to the Council of the City of Niagara Falls for consideration and endorsement, advising that due to the current shortage of registered nurses in the Niagara Region, that Council petition the Minister of Training, Colleges and Universities to reinstate the Nursing Program at Niagara College, and further, that the resolution be forwarded to the Regional Municipality of Niagara, all of the area municipalities and to Tim Hudak, M.P.P., for support and to Dan Patterson, President of Niagara College, for information. ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Poole that the request be supported. Carried Unanimously Communication No. 129 The City of Welland Re: Recruitment Barriers to Repatriate Ontario Trained and Educated Physicians. The communication requests that a resolution passed by the City of Welland, be presented to the Council of the City of Niagara Falls for consideration and endorsement, advising that the Government of Ontario be urged to address the many and various issues restricting Ontario trained doctors to return to Ontario to practice, stemming from limitations in current legislation; membership in medical associations; and the current number of doctors in the health system; and that the resolution be circulated to all Ontario municipalities for endorsement by writing to the Premier of Ontario, The Hon. Ernie Eves, the Minister of Health and Long Term Care, The Hon. Tony Clement and Bart Mayes, M.P.P. ORDERED on the motion of Alderman Fisher, seconded by Alderman Campbell that the request be supported. Carried Unanimously Communication No. 130 The Regional Niagara Public Health Department Re: Niagara Dance Safety Guidelines. The communication requests that area municipalities formulate a local by -law to deal with all -night dance events in accordance with the Regional Niagara Public Health Department and Niagara Regional Police Service guidelines. ORDERED on the motion of Alderman loannoni, seconded by Alderman Janvary-Pool that the request be referred to staff. Carried Unanimously Communication No. 131(a) (Handout) John Boland Re: Fireworks display. The communication requests permission to hold some family fireworks on the soccer field of the German Village restaurant during his wedding reception. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo that the request be approved subject to established policy. Carried Unanimously REPORTS BBS- 2002 -10 Chief Administrative Officer Re: Variance to By -law 6661, 1964, as amended, for a Billboard at Stanley Avenue for Canadian Niagara Hotels Inc. The report recommends that the requested variance to the Sign By -law No. 6661, 1964, as amended, be approved -AND Communication No. 131 (b) Canadian Niagara Hotels. The communication advises that Canadian Niagara Hotels is seeking approval to complete four (4) sign faces located on the reverse side of existing billboards at the Casino Parking Lot #2 site on Stanley Avenue that are currently single- sided. 6 ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo that the request be referred to staff. The motion Carried with Alderman Feren abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. PD- 2002 -76 Chief Administrative Officer Re: Heritage Designation, VIA Rail Station 4267 Bridge Street. The report recommends that Council proceed with giving notice of intention to repeal part of the heritage designation affecting the rail yards around the VIA Rail Station. ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Pietrangelo that the request be supported. Carried Unanimously MW- 2002 -99 Chief Administrative Officer Re: Loan of Material Agreement with Environment Canada. The report recommends that the Corporation of the City of Niagara Falls enter into an agreement with Environment Canada for the loan of one vortex separator treatment device. ORDERED on the motion of Alderman Campbell, seconded by Alderman Fisher that the report be received and adopted. Carried Unanimously MW- 2002 -100 Chief Administrative Officer Tender #10 -2002 New Equipment Purchases Small Vehicles. The report recommends that the following bidders be awarded the respective new equipment tenders for small vehicles as follows: 1) Brian Cullen Motors, St. Catharines for two (2) Mid -Size 4 -Door Sedans in the amount of $42,564.95, and one (1) Short Wheelbase Panel Mini -Van in the amount of $23,813.05 totalling $66,378.00; 2) Day's Nemeth Lincoln, St. Catharines for three (3) Full Size Panel Vans in the amount $78,040.15, and one (1) 7- Passenger Window Mini -Van totalling $104,972.00; and 3) Ed Learn Ford Sales Ltd., St.Catharines for one (1) 1/2-Ton Pickup Truck in the amount of $22,680.30 ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher that the report be received and adopted. Carried Unanimously R- 2002 -46 Chief Administrative Officer Proposed Skatepark Facility Analysis of Site Using CEPTED Principles. The report recommends that Council Receive and File this report. ORDERED on the motion of Alderman loannoni, seconded by Alderman Pietrangelo that the report be received and filed. Carried Unanimously RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo that the following action taken in Committee of the Whole, earlier this evening, be approved. That Staff be authorized to take all necessary steps to oppose the Application of Lighthouse Niagara Resource Centre for an interpretation of By -law 79 -200, as amended, as set out in Court File No. 13402 -2002. Carried Unanimously RESOLUTIONS No. 13 FISHER PIETRANGELO RESOLVED that the Niagara Food Wine Classic is a significant event that is deserving of City Council support. AND the Seal of the Corporation be hereto affixed. Carried Unanimously No. 14 FISHER FEREN RESOLVED that Council reaffirm its support of the sale of 7 4650 Montrose Road (Lots 14 -16) and that the restrictions on the deed are no longer applicable. AND the Seal of the Corporation be hereto affixed. Carried Unanimously No 15 VOLPATTI CAMPBELL RESOLVED that Council petition the Provincial government in opposition to the plan to hike fees at long -term care facilities. AND the Seal of the Corporation be hereto affixed. Carried Unanimously Letters of Condolence ORDERED on the motion of Alderman Fisher, seconded by Alderman Campbell that a letter of condolence be forwarded to the family of the late John (Bill) Morgan, City employee. Carried Unanimously ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren that a letter of condolence be forwarded to the family of the late Stanley Nalezinski.Carried Unanimously ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren that a letter of condolence be forwarded to the family of the late Gord Kindy. 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 -134 A by -law to designate the Copper Beech Tree as historical. 2002 -135 A by -law to amend By -laws No. 79 -200 and 2001 -103 (Re: AM- 23/2002, 6700 Fallsview Boulevard, Niagara 21s Group (HANDOUT) 2002 -136 A by -law to amend By -law No. 79 -200 (Re: AM- 22/2002, 6563 Main Street, 5481 Dunn Street and 6546 Stanley Avenue, Helias Enterprises Limited) HANDOUT 2002 -137 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 1" day of August, 2002. The motion Carried with Alderman Fisher voting contrary to By -law No. 2002 -134 and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher that the following by -laws be now read a second and third time: 2002 -134 A by -law to designate the Copper Beech Tree as historical. 2002 -135 A by -law to amend By -laws No. 79 -200 and 2001 -103 (Re: AM- 23/2002, 6700 Fallsview Boulevard, Niagara 21S Group (HANDOUT) 2002 -136 A by -law to amend By -law No. 79 -200 (Re: AM- 22/2002, 6563 Main Street, 5481 Dunn Street and 6546 Stanley Avenue, Helias Enterprises Limited) HANDOUT 2002 -137 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 1s day of August, 2002. The motion Carried with Alderman Fisher voting contrary to By -law No. 2002 -134 and with all others voting in favour. Graffiti Alderman Puttick expressed concerns about the amount of Graffiti at City swimming pools and requested that Staff look into the matter. Staff advised that residents in close proximity to the pools have been asked to report any irregularities so that this problem can be eliminated, and report back to Council. Carried Unanimously Fight at Niagara Falls Memorial Arena Alderman Puttick also referred to a recent fight at the Niagara Falls Arena. He had requested a financial report on the event. Staff advised that a preliminary financial statement will be tendered at a future Council meeting. ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti, that the financial statement be brought back to Council, as soon as possible. Carried Unanimously Fountain at Bender HillNictoria Avenue -8 NEW BUSINESS Alderman Puttick expressed his great displeasure and disappointment over the final design of the Fountain at the Bender HillNictoria Avenue intersection. Niagara Falls Hydro Board Alderman Puttick advised that two months ago during a presentation by representatives from Niagara Falls Hydro he requested the annual financial report of the utility. He also wanted the report that he had requested some time previous with respect to the procedure for members of this Council to become the Board of Niagara Falls Hydro as brought back by the September meeting. ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren. Carried Unanimously. Letter of Condolence ORDERED on the motion of Alderman Fisher, seconded by Alderman Wing, that a letter of condolence be forwarded to the family of the late Irene Orr, a well- respected citizen of the community and mother of Alderman Judy Orr. Carried Unanimously Main Street Environmental Assessment Alderman Wing advised that a number of the members of the Main Ferry B.I.A. had signed and left their names at Public Open Houses and expected to be advised when Council was going to vote on a preferred option. The members have additional ideas about the situation and would like to meet with Council to present their views before the matter moves forward anymore. ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni that the Main Ferry B.I.A. members be invited to attend the next Council or Community Services meeting on August 12` Carried Unanimously Property Standards Alderman Wing referred to the lack of response on property standards complaints and was informed by Staff that this was due to a heavy work Toad. Staff have been advised to seek additional help to alleviate these problems. Train Whistles Alderman loannoni referred to numerous complaints received about train whistles blowing on the CN line. ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing that a resolution be forwarded to CN Rail in an effort to curtail this practice. Carried Unanimously ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, �l DEAN IOR DA, 9 ITY CLERK MAYOR WAYNE THOMSON