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2002/11/25TWENTY -THIRD MEETING REGULAR MEETING Council met on Monday, November 25, 2002 at 6:00 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Alderman Victor Pietrangelo offered the Opening Prayer. ADOPTION OF MINUTES DISCLOSURES OF PECUNIARY INTEREST Council Chambers November 25, 2002 ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo, that the minutes of the Regular meeting of November 4, 2002 be adopted as printed. Carried Unanimously. Alderman Wing indicated a pecuniary interest on Report F- 2002 -68; MW- 2002 -156 (Fallsview Tourist Core Area Contract for Sanitary Trunk Sewer; Portion of PD- 2002 -112, related to the Jolley Cut; Portion of MW- 2002 -154 (Parking Traffic Item 8 (N.P.C. Corporate sponsorship of crossing -guard logo competition); and Corporate Services Item 9 (N.P.C.), all because she owns property with a Niagara Parks Commission employee. Alderman Pietrangelo indicated a pecuniary interest on Report L- 2002 -79 Testamentary Devise as his father owns a lot adjacent to it. Alderman Campbell indicated a pecuniary interest on Community Services Deputation Report R- 2002 -64 as he resides in the area; and the Deputation respecting the Diamond Jubilee School because the District School Board of Niagara is his employer. Niagara Falls Tourism PRESENTATIONS Interim Chair, Brian Merett, recognized and expressed his gratitude to Len Cade, Amy Bignucolo, Lettitia DiBilonia, Ross Robinson and several members of Niagara Falls Tourism, and introduced Noel Buckley, President, who provided a detailed overview of the Niagara Falls Tourism's budget and requested funding in the amount of $990,000.00 for the year 2003. He emphasized that one out of two visitors to the Niagara Region, enter through Niagara Falls, and one out of five visitors to Canada, enter through Niagara Falls. Following some discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor that the request for funding be referred to Budget deliberations and that City Staff work with the staff of Niagara Falls Tourism with regard to administrative expenses. Carried Unanimously Gold Medal National Soccer Champions His Worship Mayor Thomson presented awards to Lisa Collinson and Amanda DiCarlo for their part on the gold medal winning teams at the recent National Soccer championships held in Calgary during Thanksgiving. Young Family Endowment Fund Recipients His Worship Mayor Thomson presented Young Family Endowment Fund Awards to the following young individuals in our community, who, through a program administered through the Arts Culture Commission, were recognized for their artistic endeavours: Individual Award Winners $30.00 each 1. Heshaka Jayawardena 2. Travis Thompson 3. Brianna Brady 4. Michelle Ashley Chan Individual Award Winners $75.00 each 1. Meranda Termaat 2. Hannah Termaat 3. Karli Bracken Student Award $235.00 Andrea Morgan Organization Award $100.00 Peterson Community Workshop Chair Kathleen EEtherington Diamond Jubilee School Closure -2- 5. Cristin Johns 6. Hayley Niven 7. Samantha Wilding 8. Lilly Park DEPUTATIONS Sue McDowell addressed Council on behalf of parents and children of Diamond Jubilee regarding the possible closure of the school. Ms McDowell was of the view that capping and threats of closure had hurt enrollment, other nearby schools were at maximum capacity and that future development in the municipality would inevitably lead to population growth. Following some discussion, it was ORDERED on the motion of Alderman loannoni, seconded by Alderman Feren that a letter be forwarded to the District School Board of Niagara indicating the support of the Council of the Corporation of the City of Niagara Falls for non closure of Diamond Jubilee School. The motion Carried with Alderman Pietrangelo declaring a conflict respecting correspondence being forwarded to the Ministry of Education; and Alderman Campbell abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. Cemeteries Business Plan -3- Consultants Jim Bruzzesse and Catherine Minshull of BMA Management provided an overview of the Cemeteries Business Plan Mandate. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary-Pool that the matter be referred to Staff to prepare a report with on -going recommendations and report back to Council with respect to the suggestions being made. Carried Unanimously MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS Communication No. 187 City of Niagara Falls Media Release Proclamation. The communication indicated that Niagara Falls was holding its first annual Doctor Appreciation Week and that the week of December 2 6, 2002 be proclaimed as "Doctor Appreciation Week" in the City of Niagara Falls. ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool that the week of December 2 6, 2002 be proclaimed as "Doctor Appreciation Week" in the City of Niagara Falls. Carried Unanimously REPORTS UNFINISHED BUSINESS L- 2002 -60 Chief Administrative Officer Re: Adult Businesses By -Law. The report recommends that this report be received and filed for information Following a brief explanation about the enforcement of this By -law by the Niagara Regional Police Services Board or the City of Niagara Falls, it was ORDERED on the motion of Alderman loannoni, seconded by Alderman Puttick that the report be received and adopted. Carried Unanimously. See By -law No. 2002 -198 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 November 18, 2002 Community Services Committee Minutes, as amended. 2. MW- 2002 -158 Brookfield Court Subdivision Storm Sewer Cost Sharing Proposal Supplementary Information That the City of Niagara Falls adopt the recommendation outlined in Report MW- 2002 -149 conditional upon: a) the City's portion of the cost be funded from the current Expansion and Renewal Fund b) that the project includes the full restoration of the roadway. ORDERED on the motion of Alderman Orr, seconded by Alderman Wing that the contributing Area Formula be used for cost sharing between the developer and the municipality. The motion was Lost with the following vote: AYE Aldermen Federow, loannoni, Orr, Puttick and Wing NAYE Aldermen Campbell, Craitor, Feren Fisher, Janvary-Pool, Pietrangelo, Volpatti and His Worship Mayor Thomson. -4- 7. MW- 2002 -155 McLeod Road Drainage Private Property That this report be received and filed. REPORTS 3. R- 2002 -64 Armoury a) The City purchase the Armoury for $2.00 b) That the roof repairs at a cost of $90,000 be referred to the 2003 Budget c) That a Committee be formed involving various stakeholders to determine the best use for the site. 4. BBS- 2002 -18 By -law Enforcement For the Information of Council and that a report be prepared regarding activities on the weekend. 5. BBS- 2002 -15 Property Standards Level of Services For the Information of Council and that a resolution be sent to the Province asking for broader controls. 6. MW- 2002 -152 Removal of Cul de sacs That the report be received and filed and staff prepare a report detailing the cul de sac removal process and an assessment of Fatima Court be brought back to Committee. 8. MW- 2002 -157 Request to Region to Implement Set Fines on Regional Roads That the Region of Niagara be requested to revise their set fines as per the City's approved set fine schedules. ORDERED on the motion of Alderman Craitor seconded by Alderman Volpatti that the report be deferred and sent to the Parking Committee for overall study and recommendation back to Council. The motion Carried 9. R- 2002 -71 Proposed Arena Feasibility Study That Leisure Plan International Inc. be retained to provide an Arena Feasibility Study. 10. R- 2002 -72 QEW /Mountain Road Municipal Welcome Sign Irrigation Proposal That the installation of a water service and automatic irrigation system for the QEW /Mountain Road Welcome ID Sign be referred to the 2003 Capital Budget. NEW BUSINESS That staff investigate and report back on private parking lots. That staff investigate and report back on the open storm sewer on the extension of Keith Street. The motion Carried with Alderman Campbell abstaining from the vote on Report R -2002- 64 on a conflict of interest previously noted; ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing that there be an amendment to the Minutes. See By -law No. 2002 -213 MW- 2002 -156 Chief Administrative Officer Tender 2002 195 -00, Fallsview Tourist Core Area Phase 3. The report recommends that the unit prices submitted by the low tenderer, V. Gibbons Contracting Ltd., be accepted; and further, that the amount of $775,774.22 be included in the 2003 Water Sewer Budget for this project. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti that the report be received and adopted. Carried Unanimously. PD- 2002 -106 Chief Administrative Officer Hilton Hotel, AM -9 -2002, 6361 Fallsview Boulevard, Six -Month Status Review. The report recommends that Council: 1) accept the Letter of Credit submitted by 876891 Ontario Limited as a guarantee of the outstanding on -site landscaping and the sanitary sewer extension along Murray Street; and 2) require 876891 Ontario Limited to provide by December 13, 2002, the following: a) plans illustrating the hotel site, including but not limited to: -5- landscaping of the parking area behind Denny's restaurant a revised parking layout that conforms with the minimum requirements of the zoning by -law; and provision for on -site bus parking; b) dedication of all road widenings and daylight triangles; and c) execution of the site plan agreement and submission of all information necessary for registration of the agreement by the City Solicitor. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher to refer the Report and Receive and File the information. The motion Carried with Alderman Volpatti declaring a conflict with a portion of the Report, Pt. 8 (Building Permit) as she is associated with the Company that produces the foam core mouldings, and with all others voting in favour. PD- 2002 -108 Chief Administrative Officer Draft Plan of Condominium (File:6CD- 11- 2002 -02) 6105 McLeod Road. Owners: Feliciano, Lucia, Paul and Mary Pingue. The report recommends that: 1) the proposed plan of condominium be draft approved subject to an Inhibiting Order to be removed when the vacancy rate reaches three percent, and the conditions in the attached Appendix; 2) the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; and 3) 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. 188 Correspondence from the Regional Municipality of Niagara, Planning and Development Department. The communication advises that the application proposes to convert an existing rental apartment building into condominium ownership. The building was constructed in or about 1985 or 1986 and contains 27 units. This represents one of three condominium applications submitted concurrently that include a total of 56 rental units to be converted into condominium tenure. These applications will be dealt with individually as they involve sites at various locations in the City. However, they have collective impacts on the City's overall supply of rental housing that must be considered. -6- Staff advised that Regional policy dictates that if there is less than a 3% vacancy rate, they do not consider conversions of apartments to condominiums, however, at the time the vacancy rate rises above the 3% level the opportunity can be utilized to convert the draft planto condominiums in the future, by agreement. ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti that the report be received and adopted. Carried Unanimously PD- 2002 -109 Chief Administrative Officer Draft Plan of Condominium (File 26CD- 11- 2002 -03) 6012 Frontenac Street, Owner: Feliciano Pingue Sons Construction Ltd. The report recommends that: 1) the proposed plan of condominium be draft approval subject to an Inhibiting Order to be removed when the vacancy rate reaches three percent, and the conditions in the attached Appendix; 2) the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; and 3) 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. 189 Correspondence from the Regional Municipality of Niagara, Planning and Development Department. The communication advises that the application proposes to convert two existing rental apartment buildings into condominium ownership. The buildings were constructed in 1971 and 1973, each containing 6 units. This represents one of three condominium applications submitted concurrently that include a total of 56 rental units to be converted into condominium tenure. These applications will be dealt with individually as they involve sites at various locations in the City. However, they have collective impacts on the City's overall supply of rental housing that must be considered. ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti that the report be received and adopted. Carried Unanimously PD- 2002 -110 Chief Administrative Officer Draft Plan of Condominium (File 26CD- 11- 2002 -04) 6430 Montose Road, Owner: Feliciano Pingue. The report recommends that: 1) the proposed plan of condominium be draft approved subject to an Inhibiting Order to be removed when the vacancy rate reaches three percent, and the conditions in the attached Appendix; 2) the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; and 3) 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. 190 Correspondence from the Regional Municipality of Niagara, Planning and Development Department. The communication advises that the application proposes to convert an existing rental apartment building into condominium ownership. -7- The building was constructed in 1975 and contains 17 units. This represents one of three condominium applications submitted concurrently that include a total of 56 rental units to be converted into condominium tenure. These applications will be dealt with individually as they involve sites at various locations in the City. However, they have collective impacts on the City's overall supply of rental housing that must be considered. ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti that the report be received and adopted. Carried Unanimously PD- 2002 -111 Removal of Part Lot Control, Shane Crescent. Blocks 1, 2, 3 4, Registered Plan 59M -279, Applicant: 1397945 Ontario Limited. The report recommends that: 1) Council repeal By -laws 2000 -234, 2000 -246 2001 -117, being existing by -laws designating the subject land as exempt from Part Lot Control; 2) Council approve the request and pass a new consolidated by -law to designate Blocks 1, 2, 3 4, Registered Plan 59M -279, as exempt from Part Lot Control; and 3) the applicant be required to notify the City when the separate deeds as described in this report have been registered. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor that the report be received and adopted. Carried Unanimously PD- 2002 -112 4- Chief Administrative Officer Matters Arising from the Local Architectural Conservation Advisory Committee. The report recommends that the four matters arising from the Local Architectural Conservation Advisory Committee be endorsed. ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti that item 1(a) be approved with the reference to the colour of the roof being changed from black or brown to dark terra cotta. Carried Unanimously ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti that other items be deferred. The motion Carried with, Alderman loannoni and Alderman Craitor opposed, Alderman Wing declaring a conflict of interest previously noted, and with all others voting in favour. RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti that the actions taken in Corporate Services Committee, earlier this evening, be approved: 1. That the minutes of the November 18th meeting be adopted, as amended. 2. That the 2003 budget request from the Niagara Falls Public Library Board be referred to budget deliberations. 3. That the Niagara Transit Commission and Chair -A -Van budget requests be referred to budget deliberations and that City senior staff meet with Transit Commission members to determine if further reductions can be made to the 2003 budget requests. 4. That a 25 -cent cash increase to the current fares for Niagara Transit be approved. 5. That a decrease in 30 -day pass prices for Niagara Transit be approved. 6. That the 2001 Consolidated Financial Statements be accepted. -8- 7. That the property tax accounts listed in Report F- 2002 -68 (amended), be removed from the City's accounts. 8. That participation in the Ontario Heritage Tax Reduction Incentive Program be revisited when Provincial regulations are in place. 9. That a copy of the Niagara Parks Act be obtained, and a report received from Staff regarding the property tax status of the Niagara Parks Commission. The motion Carried with Alderman Wing declaring a conflict on Item 9 under New Business dealing with the Niagara Parks Commission, as previously noted; and Alderman Orr voting contrary to Item 4, and with all others voting in favour. RATIFICATION OF PARKING TRAFFIC COMMITTEE ACTIONS ORDERED on the motion of Alderman Craitor, seconded by Alderman Volpatti that the actions taken at the Municipal Parking Traffic Committee on November 19 be approved. MW- 2002 -154 Chairperson, Municipal Parking Traffic Committee Re: Municipal Parking Traffic Recommendations, November 19, 2002 meeting. The report recommends the following: 1. Increase in Parking Infraction Fines that the item be deferred. 2. MW- 2002 133 Request for Heavy Vehicle Restrictions including Buses for John Street that the request for a heavy vehicle restriction on John, Philip and Otter Streets, between Ontario Avenue and River Road be approved. 3. MW- 2002 -134- Drummond Road at Culp Street- Intersection Control that exclusive left turn lanes for northbound and southbound traffic on Drummond Road, between Lundy's Lane and McLeod Road be considered when conducting the environmental assessment. 4. MW- 2002 -135- Highland Avenue Request for Rumble Strips- that no action be taken. 5. MW- 2002 -136- Dell Avenue Intersection Control Review- that all way stop at Dell Avenue and Churchill Street be installed and the yield sign on Skinner Street at Dell Avenue be replaced. 6. MW- 2002 -143- Harper Drive at Marcel Cresent Intersection Control Review that stop sign be installed facing southbound motorists on Marcel Crescent at Harper Drive. 7. MW- 2002 -147- Review of Falls Avenue Pedestrian Traffic Signal- that the signal remain and that staff facilitate a meeting with stakeholders to discuss traffic flow improvements. 8. MW- 2002 148 School Crossing Guard Crest/ Logo Competition that the report be approved. 9. Downtown BIA Request for 2 -hour free parking at meters during December request was approved. Carried Unanimously -9- CD- 2002 -02 Chief Administrative Officer Council Appointments on Outside Agencies, Boards etc. The report is for the information of Council. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, to receive and file the report. Carried Unanimously. L- 2002 -77 Release of Certain Conditions, Agreement between the City and Frank LaPenna, Building Permit Testamentary Devise, Detenbeck Road at Willoughby Drive. The report recommends that Council confirm compliance with Part II of the Testamentary Devise. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren that certain conditions be removed. The motion Carried with Alderman Pietrangelo abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. L- 2002 -79 Pietrangelo Agreement with the City, Building Permit Testamentary Devise, Karl Road and Montrose Road. The report recommends that an agreement between the applicant and the City for a building permit be approved. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren that agreement 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. L- 2002 -54 Declare Lands Surplus and Offer for Sale of Vacant Land (8709 Lundy's Lane). The report recommends that lands be declared surplus and offered for sale. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren that the report be received and adopted. Carried Unanimously L-2002-78 Release of Site Plan Agreement, 6800 -6812 Lundy's Lane. The report recommends that site plan agreement be released. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren that the report be received and adopted. Carried Unanimously L- 2002 -80 Regional Assumption of Beechwood Road between Mountain Road and Thorold Stone Road. The report recommends that closed portion of road be declared surplus and transferred. ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor that the report be received and adopted. Carried Unanimously NO. 25 FEREN CRAITOR BE IT RESOLVED THAT the Niagara Falls City Council endorses the resolution of the Regional Municipality of Niagara, increasing the Regional Council size by one, adding a seat for the Town of Pelham and that the seat shall be filled in accordance with the Municipal Elections Act in time for the 2003 Municipal Elections. AND The Seal of the Corporation be hereto affixed. The motion Carried with Aldermen Puttick, loannoni, Orr, and Volpatti voting contrary to the motion and with all others voting in favour.. 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 -198 RESOLUTIONS BY -LAWS A by -law to provide for the licensing, regulating, governing, classifying and inspecting of certain classes of stores and businesses engaged in the provision of adult videotapes, adult magazines and adult goods. 2002 -213 Letter of Condolence -10- NEW BUSINESS A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. 2002 -214 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City roads. 2002 -215 A by -law to repeal By -law No. 2000 -234, By -law No. 2000 -246 and By -law No. 2001 -117, being by -laws to designate certain land not to be subject to part lot control (Re: Blocks 1, 2, 3 and 4 on Registered Plan 59M -279) 2002 -216 A by -law to amend By -law No. 79,200, to permit a parking lot as a temporary use (Re: AM- 37/2002, South side Dixon Street between Cleveland Avenue and Level Avenue) 2002 -217 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on November 25, 2002. The motion Carried with Aldermen Wing and loannoni opposed on By -law 2002 -216 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 -198 A by -law to provide for the licensing, regulating, governing, classifying and inspecting of certain classes of stores and businesses engaged in the provision of adult videotapes, adult magazines and adult goods. 2002 -213 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. 2002 -214 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City roads. 2002 -215 A by -law to repeal By -law No. 2000 -234, By -law No. 2000 -246 and By -law No. 2001 -117, being by -laws to designate certain land not to be subject to part lot control (Re: Blocks 1, 2, 3 and 4 on Registered Plan 59M -279) 2002 -216 A by -law to amend By -law No. 79,200, to permit a parking lot as a temporary use (Re: AM- 37/2002, South side Dixon Street between Cleveland Avenue and Level Avenue) 2002 -217 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on November 25, 2002. The motion Carried with Aldermen Wing and loannoni opposed on By -law 2002 -216 and with all others voting in favour. His Worship Mayor Thomson requested that a letter of condolence be forwarded to the family of Gavin Michael David Bilon, infant son of Tom and Sheona Bilon, and grandson of Mike Harris, City employee, and his wife Janet. Santa Claus Parade Alderman Fisher thanked everyone that came out to the Santa Claus Parade last Saturday (November 23 and the volunteers, as well. ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti that a resolution be forwarded to Vito Scaringi for his hard work in making the parade the success that it was. Carried Unanimously Village of Chippawa Citizens Committee Alderman Federow advised that the Village of Chippawa Citizens Committee, the Chippawa Business Area and Heritage Committee will have candles and carolling at the Cummington Square on December 14 at 7:00 p.m. along with the Sacred Heart Choir, a Nativity Scene and Santa Claus A Toonie donation or canned food donation would be accepted for the "Out of the Cold" program, and extended an invitation to the Mayor Council to attend. Leaf Pick Up Alderman Campbell expressed concerns about the leaf pick up in the City, as the pulverized leaves could cause accidents on the sidewalks and roadways. LCBO Shelf Space ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo that the resolution from the Town of Niagara On The Lake respecting the increase of LCBO's shelf space for VQA wines, be supported. Carried Unanimously Brownfields Redevelopment Legislation Alderman Volpatti mentioned that the new legislation will mean that contaminated property will not be a liability for new owners for the next five years. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, ALu- DEAN IORF A, CITY CLERK AYNE THOMSON, MAYOR