Loading...
2002/12/09TWENTY -FIFTH MEETING PLANNING MEETING Council met on Monday, December 9, 2002 at 6:00 p.m. for the purpose of considering Planning and Regular Business matters. All members of Council were present. Alderman Judy Orr offered the Opening Prayer. Prior to dealing with other Council matters, it was ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni, that the vote on Report CD- 2002 -22 2003 Appointments to Agencies, Boards and Commissions be deferred due to Council not having received the background information on each of the applicants. The motion was Defeated with Aldermen Federow, Orr, Craitor, Wing and loannoni voting in favour and with Aldermen Campbell, Feren, Fisher, Janvary-Pool, Pietrangelo, Puttick and Volpatti voting contrary to the motion. DISCLOSURES OF PECUNIARY INTEREST Council Chambers December 9, 2002 Alderman Campbell indicated a conflict of interest on the Deputation dealing with Westlane Secondary School Project Red Ribbon because the District School Board of Niagara is his employer. Alderman Craitor indicated a pecuniary interest from the Community Services Committee on Report F- 2002 -73, Cheque Nos. 272182 and M93382 because a member of his family is employed by the Region. Alderman Federow indicated pecuniary interests from the Community Services Committee on Report F- 2002 -73, Cheque Nos. 272096 and M93378 because of his ongoing conflict with the Niagara Falls Humane Society. Alderman laonnoni indicated a pecuniary interest from the Community Services Committee on Report F- 2002 -73, Cheque No. M93376 because she is the recipient. Alderman Pietrangelo indicated a pecuniary interest on Report PD- 2002 -118 because his future place of employment will be located next to the subdivision. Alderman Wing indicated a pecuniary interest from the Community Services Committee on Report F- 2002 -73, Cheque No. 272108 because she owns property with a Niagara Parks employee. 2002 Project Red Ribbon DEPUTATIONS His Worship Mayor Thomson welcomed, Kelly Brown, Ben Trendle and Jade Leung, members of Westlane Secondary School's Students Against Impaired Driving who provided information on the Project Red Ribbon 2002 campaign and requested that red ribbons be tied to all Council and City vehicles in support of the Project Red Ribbon Campaign. Also In attendance were staff advisors Orla Morgan and Katheryn Wilson. -2- Following the presentation, it was ORDERED on the motion of Alderman Feren, seconded by Alderman Fisher, that Council endorse the 2002 Project Red Ribbon Campaign and to encourage awareness and participation by tying red ribbons to all Council and City vehicles. The motion Carried with Alderman Campbell abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. Following some discussion, it was ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that best wishes for a speedy recovery be forwarded to Westlane student, Ray Anderson, who was injured in a recent car accident. Carried Unanimously. PLANING MATTERS PD- 20020107 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 42/2002; 6870, 6886 and 6888 Drummond Road; Applicant: S. Navarroli; Agent: Falls City Design /Build (Donato Colangelo); Proposed Apartment Development. The report recommends that Council deny the requested zoning by -law amendment for 6870, 6886 and 6888% Drummond Road that would permit an apartment development of 68 units within two, three storey buildings. -AND Communication No. 193 Metro Bakery. The communication expresses traffic concerns on Drummond Road and enquires whether a traffic study has been conducted in the area. Communication No. 194 Correspondence from concerned resident on Churchill Street and attaching a petition. The correspondence expresses concerns regarding excessive noise, traffic and invasion of privacy and requests that Council deny the application. Communication No. 195a) Regional Niagara, Public Works Department. The communication advises as having no objection to the Proposed Zoning By-lawAmendment Application; AND Communication No. 195b) Planning and Development Department. The communication advises as not being opposed to the approval of the proposed Zoning By -law amendment. Communication No. 196 Mr. Gary G. Royer, 6079 Churchill Street. The communication requests that the application be denied. 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 or before November 8, 2002. His Worship Mayor Thomson received indication that Mr. Rick Brady, Planner was in attendance on behalf of the applicant and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. -3- The Director of Planning and Development discussed the subject property with the assistance of posted sketches; reviewed the information contained in the Recommendation Report, The Proposal; The Surrounding Land Uses; and The Planning Review; he advised that Planning staff were recommending denial of the application due to the following concerns: it did not comply with the Official Plan designation and that the proposed application was too dense for this particular site the land use compatibility and the impact on the surrounding neighbourhood, which has low density environments; ingress and egress limitations; and minimal separation distance. He stated that staff would encourage the developer to look for a used density project which would be more compatible to the residential area. 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. Gary Royer, 6079 Churchill Street, requested that the application be denied and stated that the current zoning which is Residential Single Family Density is more valid today given the established nature of the residential neighbourhood in the areas surrounding these properties; he questioned the need for such high density development; gave his opinion that there would be increased traffic patterns and expressed concerns regarding the effect the three storey development would have on the sight lines of his property. Mr. Hal Carnrite, 6175 Churchill Street, expressed his opposition to the proposed development. Mr. Rick Brady, Planner provided comments with respect to the Planning staffs recommendation report; stated that some improvements could be made to the proposal and requested that the matter be deferred in order that the developer could meet with Regional and Municipal staff to address the concerns and then meet with the residents to discuss the requested changes. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 42/2002, closed. ORDERED on the motion of Alderman loannoni, seconded by Alderman Feren, that the report be deferred. The motion Carried with Alderman Wing voting contrary to the motion and with all others voting in favour. ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that the correspondence be received and filed. Carried Unanimously. PD- 2002 -114 Chief Administrative Officer Re: Official Plan Zoning By -law Amendment Application; AM- 36/2002; SW corner McLeod Road and Alex Avenue; Applicant: Niagara McLeod Ltd., Agent: Rob Nicholson, Solicitor; Proposed to Establish Commercial Uses. The report recommends the following: 1. That Council approve the requested official plan amendment to change the designation of the land on the southwest corner of McLeod Road and Alex Avenue from Residential to Minor Commercial; 2. That Council approve the requested zoning by -law amendment to change the zoning of the land from R4 -352 to a site specific GC zoning that includes provisions requiring landscaping and building setbacks from the south property line as detailed in this report; -4- 3. That Council deny the request for increased building height to accommodate a four storey building and instead only vary the maximum building height to permit a roof feature on top of a three storey building; 4. That area residents be given the opportunity to comment on the site plan drawings prior to approval. AND Communication No. 197 Joyce John Morocco, 7352 Lakewood Crescent. The communication addresses various rezoning issues and advises as being in support of the rezoning of the property to a Minor Commercial designation and requests that the complimentary zoning be withheld at this time. Communication No. 198 Christine George Teal, 7404 Sandy Court. The communication expresses opposition to the proposed Official Plan and Zoning By -Law Amendment Application. Communication No. 199 Glen Sharon Dow, 6123 Trillium Crescent. The communication advises as being opposed to the proposed Official Plan and Zoning By -Law Amendment Application. Communication No. 200 Dave Warriner, 5893 McLeod Road. The communication advises as not wanting a fast food outlet near his home; expressed concerns regarding having trash in his front yard from other businesses and expressed traffic and noise concerns. Communication No. 201- Regional Niagara, Planning and Development Department. The communication advises as not being opposed to the approval of the proposed Official Plan and Zoning By -law amendments; but would encourage the inclusion of a provision that would permit residential units preferably rental, above the commercial ground floor; also advises that once the application is approved, that the subsequent site plan agreement should address building orientation, and landscaping, screening, lighting and parking orientation to minimize any potential negative impacts on adjacent low density residential development. 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 or before November 8, 2002. His Worship Mayor Thomson received indication that Mr. Rob Nicholson, Solicitor was in attendance on behalf of the applicant and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. The Director of Planning and Development discussed the subject property with the assistance of posted sketches; reviewed the information contained in the Recommendation Report, The Surrounding Land Uses; The Planning Review. -5- He advised that the applicant was proposing a 20 foot buffer strip and providing an aesthetic feature along the front; and that the proposed building was intended to be set back 9 metres from the residential area. He further advised if Council approved the change, a site plan agreement would be required to deal with lighting, landscaping, fencing and drainage issues. He indicated that the site plan would also provide an opportunity for the residents to have input into some their concerns. 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. In response to questions raised, the Director of Municipal Works advised that the Region would be looking into the issue of the impact of traffic along McLeod Road. Mr. Ray Woodhead, 5759 Aspen Court, expressed concerns regarding the impact of the traffic in the neighbourhood; the manoeuvring isles; drive throughs and the egress and ingress of vehicles to the proposed development. The Director of Planning and Development responded that Council was only dealing with a permitted use proposal this evening and provided clarification with respect to the issue of minor commercial and tourist commercial. Mr. Bong Choy, 7364 Lakewood Crescent, advised that he had not been informed that this proposal was being planned for the area, and stated that he would not have purchased his property; and expressed opposition to the proposed development. Mr. John Morocco, 7352 Lakewood Crescent, expressed his opposition to the proposed development; commented on the issue of minor commercial designation; setbacks and compatibility in residential areas. Ms. Debbie Feslor, 5775 Aspen Court, commented on the traffic access onto Alex Avenue; and expressed concerns regarding the safety of the children and seniors in the area. Mr. Alfred Sacco, 5769 Aspen Court, stated that he had chosen to purchase in this area and that he did not wish to have a 3- storey hotel in his backyard. Mr. Rob Nicholson advised that his client was agreeable to staffs recommendation report; indicated that a 3- storey development would be acceptable and that his client would be agreeable to participate in any traffic study in the area. He further advised that any concerns could be addressed through the site planning process. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 36/2002, closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the application be denied. Carried Unanimously ORDERED on the motion of Alderman Feren, seconded by Alderman Janvary-Pool that the correspondence be received and filed. Carried Unanimously. PD- 2002 -115 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 41/2002, Thorold Stone Mall, 6161 Thorold Stone Road; Owner: 820872 Ontario Limited; Proposed Shopping Centre Expansion. The report recommends the following: 1. That Council approve the requested zoning by -law amendment application to permit several additions to the Thorold Stone Mall; -6- 2. That the amending by -law contain provisions requiring landscape strips along Thorold Stone Road and abutting the residentially zoned land. -AND Communication No. 202 Correspondence from Concerned Residents on Orlando Drive. The communication expresses concerns regarding property devaluation due to the proximity to a commercial venture; health issues due to idling cars; traffic and noise issues; the installation of only a 1.8 metre fence between the development and the residential streets; litter and garbage from the facility and requests that this development be scaled back to commercially zoned lands and safety measures be placed to adequately buffer their homes from any development on this Thorold Stone Road property. Communication No. 203 Regional Niagara, Planning and Development Department. The communication advises as not being opposed to the approval of the proposed zoning by -law amendment. 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 or before November 8, 2002. His Worship Mayor Thomson received indication that Mr. Gus Mandarino, Project Manager, was in attendance on behalf of the applicant and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. The Director of Planning and Development discussed the subject property with the assistance of posted sketches; reviewed the information contained in the Recommendation Report, The Surrounding Land Uses; The Planning Review; advised that the zoning request was appropriate; that the developer would provide a 20 foot buffer strip and that through the site plan process, staff would be looking at the turning area; landscaping, fencing and upgraded landscaping features. He advised that staff were recommending approval subject to a land exchange and the site plan process. 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. Mrs. Cathy Barker, 5984 St. Mary Street, expressed concerns regarding truck traffic; noise and vandalism and the need for more buffering for the residents of St. Mary Street. Mr. Mike Mooney, 3554 Orlando Drive, expressed environmental concerns with respect to the idling of trucks, noise; pollution and garbage from the facility; he questioned the need for a turnaround at St. Mary Street; he suggested that a time schedule for delivery trucks be prepared. -7- Mr. Alec Kostiuk, 6025 St. Mary Street, expressed opposition to the proposed development as there would be even more traffic in the area; the issue of noise and garbage from the facility; having buses and cars idling in the area and indicated that the proposed parking lot would be right underneath his window; he advised that a 5- foot fence would not be a sufficient sound barrier. Ms. Diana Nemeth, 3879 Orlando Drive, suggested that before any approvals are considered, the City address and resolve the ongoing problems between the residents and the existing plaza; she made reference to the Sears store located at the back of her property which receives deliveries at all hours with no proper loading dock; she indicated there should be a time restriction as to when deliveries are made; she referred to the lack of buffering in the roadway in the back and indicated that new landscaping and privacy fencing should be provided The Director of Planning and Development advised that fencing along with a pedestrian walkway was being proposed and that board on board fencing could provide substantial buffering in the area. Mr. Dennis LaPierre, 5977 St. Mary Street, referred to the garbage in the area from the present facility; questioned whether there would be a fence installed as a buffer in St. Mary's Street area; and enquired as to the location of the speakers from the facility and if they would face the residential area; he questioned whether this development would have a negative effect on their assessment and property taxes. Ms. Margaret Woodruff, 3854 Orlando Drive, questioned the use of a "knock down" chain link fence; she stated that home owners had purchased homes abutting residential lands which would now be surrounded by commercial establishments; she expressed concerns regarding pollution from the vehicles at the facility; and indicated that the area residents would like to see some barriers, setbacks and pollution prevention. Mr. Brian Boland, 3887 Orlando Drive advised that his property adjoins the existing mall and that he has had to deal with noise, garbage, and dumpsters for many years and questioned whether the chain link fencing would be improved. In response, the Director of Planning and Development advised that the a recommendation could be made by Council regarding the upgrading of the fence. Mr. Gus Mandarino, Property Manager, discussed the subject property and responded to concerns expressed; advised that the truck delivery schedules were being looked into. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 41/2002, closed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren, that the application be deferred in order that the applicant and staff can address the various concerns of the residents in the area. Carried Unanimously ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren, that the correspondence be received and filed. Carried Unanimously. Alderman Pietrangelo left Council Chambers on a conflict of interest previously noted and vacated Council Chambers. -8- PD- 2002 -118 Chief Administrative Officer Re: Recommendation Report; Garner Estates Phase 4; Draft Plan of Subdivision 26T -11- 2002 -05 (Revised); Zoning By -law Amendment Application; AM- 3812002; Owner: River Realty Development (1976) Inc. The report recommends the following: 1. That the Garner Estates Phase 4 Plan of Subdivision be draft approved subject to the conditions in the attached Appendix; 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council; 4. That the application to amend the Zoning By -law be approved to provide the necessary land use regulations to guide the development of the subdivision. 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 or before November 8, 2002. His Worship Mayor Thomson received indication that Mr. John Mestek was in attendance on behalf of the applicant and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. The Director of Planning and Development discussed the subject property with the assistance of posted sketches; reviewed the information contained in the Recommendation Report, The Background; Public Consultation; Planning Review; Garner Neighbourhood Secondary Plan; StormwaterManagement; Collector Roadway Alignment; Neighbourhood Park; Single Semi Detached Lots; Special Institutional; indicated that the Garner Estates Phase 4 Draft Plan of Subdivision was an appropriate development and the application complies with the policies of the Official Plan and the Garner Neighbourhood Secondary Plan and that staff were recommending approval subject to the conditions of approval. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a positive response in opposition to the application. Mr. Henry Wojnarowski Ms. Patricia Webster, 7000 Garner Road expressed opposition to the location of the proposed collector road; advised that their home was so close to the proposed collector road that their quality of life and enjoyment of their property would be greatly impacted; addressed the issue of the children's park location and the concern of drainage behind the existing property owners along Garner Road -9- Mr. Henry Badger, Brookefield Avenue, expressed opposition to the proposal; discussed the issue of storm water management; and the implementation of an open channel drainage system and of the drainage impact on his property and questioned what the plans were for that channel. The Director of Municipal Works stated that all of Mr. Badger's concerns would be responded to through correspondence. In response to questions raised, the Director of Municipal Works advised that a storm water master plan had been prepared for this entire neighbourhood with various agency comments and that the municipality were moving forward with the plan. In response to further questions raised by Mr. Badger, the Director of Municipal Works advised that staff did not have any plans to expropriate any of Mr. Badger's property at the present time. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 38/2002, closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the report be received and adopted. The motion Carried with Aldermen Federow, loannoni and Wing voting contrary to the motion and with all others voting in favour. Alderman Pietrangelo returned to Council Chambers. PD- 2002 -119 Chief Administrative Officer Re: Drummond Court; Draft Plan of Condominium; File: 26CD -11- 2002 -05; 5595 Drummond Road; Owner: Falls Masonary Limited. The report recommends the following: 1. That the Drummond Court Plan of Condominium be draft approved subject to the conditions in the attached Appendix; 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer, subject to review, granted by Council. ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. PD- 2002 -120 Chief Administrative Officer Re: The Courtyard at Meadow Creek; Draft Plan of Condominium; File: 26CD -11- 2002 -06; 8142 Costabile Drive; Owner: Meadow Creek Homes Ltd. The report recommends the following: 1. That the Courtyard at Meadow Creek Plan of Condominium be draft approved subject to the conditions in the attached Appendix; 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; -10- 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council. ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. PD- 2002 -116 Chief Administrative Officer Re: Adult Entertainment Parlours and Body -Rub Parlours. The report recommends that Council approve the resolution attached to this report confirming the exception made to By -law No. 2002 -201, for the Sam's Montrose Hotel, and lands north of Bridge Street, east of Victoria Avenue, were also meant to apply to Official Plan Amendment No. 45. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. See Resolution No. 26 PD- 2002 -117 Chief Administrative Officer Re: Appeal to Zoning By -law No. 2002- 202; AM- 24/2001; 5200 Robinson Street; Proposed Skylon (North) Tower. The report recommends that Council reaffirm, by resolution, the passing of By -law No. 2002 -202. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the report be received and adopted. Carried Unanimously. PD- 2002 -121 Chief Administrative Officer Re: Request to Change Street Name Beechwood Road to Taylor Road. The report recommends that Council direct the Street Name Committee to review the proposed street name change of Beechwood Road to Taylor road and report back to Council. ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool, that the report be received and adopted. Carried Unanimously. REGULAR COUNCIL ADOPTION OF MINUTES Alderman laonnoni requested that the Minutes of November 25, 2002 be amended to reflect that she was not in attendance at the Community Services or the Corporate Services Committee meetings. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that the Minutes of the November 25, 2002 Regular Council meeting be approved as amended. Carried Unanimously. On the motion of Alderman Volpatti, seconded by Alderman Feren, that Report CD -2002- 22 Appointments to Committees, Boards and Commissions for 2003 be moved forward. The motion Carried with Aldermen Federow, Orr and Wing abstaining from the vote and with all others voting in favour. Aldermen Federow, Orr and Wing vacated Council Chambers. Through secret ballot, the following appointments to the Committees, Boards and Commissions for 2003 were made: Arts Culture Commission Niagara Falls Board of Museums Greater Niagara Transit Commission ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that Karen Akalu, Isabelle Bald, Winston Heron, Deborah Legge, Stoyan Penev, Patti Wallington and Nancy Zimmerman be appointed to the Arts Culture Commission for the 2003 -2004 term. Carried Unanimously ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that Mr. Sherman Zavitz's name be included on the Niagara Falls Board of Museums. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that Elizabeth Allen; Robert Collier and Sherman Zavitz be appointed to the Niagara Falls Board of Museums for the 2003 -2005 term. Carried Unanimously ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that Jim Diodati Jr. and Lou Stranges be appointed to the Greater Niagara Transit Commission for the 2003 -2004 term. Carried Unanimously Property Standards Commission ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that Tony Nielson be appointed to the Property Standards Commission for the 2003 -2005 term. Carried Unanimously Niagara Falls Recreation Commission ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that Ken Eastman; Wayne Gilmore and Nathan Hyde be appointed to the Niagara Falls Recreation Commission for the 2003 -2004 term. Carried Unanimously ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the ballots be destroyed. Carried Unanimously. Aldermen Federow, Orr and Wing returned to Council Chambers. RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Alderman Fisher, that the actions taken in Corporate Services Committee on December 2, 2002 be approved: 1. That staff investigate and report on including an additional $175,000 in the 2003 Budget for soccer field maintenance ($15,000); beautification ($47,000); paving of roads ($100,000) and snow removal ($13,000); 2. That staff report on the sale of properties to offset the increase in 2003 expenditures; -12- 3. That staff report on the proposed elimination of the loose leaf pickup; 4. That staff report on the proposed construction of the Portage Road pathway; 5. That a review be conducted of traffic signalization at Simcoe and Victoria; 6. That the 2003 General Purposes, 2003 Capital Projects and 2003 Municipal Utility Budgets be approved subject to proposed amendments; 7. That ratification of the budget approvals be deferred to the December 9 2002 Council Meeting. 2003 BUDGET F- 2002 -69, 2003 General Purposes Budget. F- 2002 -70, 2003 -2007 Capital Projects Budget. F- 2002 -71, 2003 Municipal Utility Budget. Carried The Chief Administrative Officer provided a brief overview of the Revenues and Expenses to members of Council, prior to approval. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that Reports F- 2002 -69; F- 2002 -70 and F- 2002 -71 be received and adopted. The motion Carried with Alderman Orr abstaining on a conflict of interest on the railway corridor expenses portion of the report; Alderman loannoni voting contrary to the portion of railway purchase in the Budget and Alderman Wing abstaining with the Niagara Parks Commission portion in the Budget and voting contrary to the railway land purchase and with all others voting in favour. MW- 2002 -163 Chief Administrative Officer Re: Loose Leaf Pickup. The report recommends that the City discontinue the Loose Leaf Pickup Program. ORDERED on the motion of Alderman Feren, seconded by Alderman Campbell, the report be deferred for further information. Carried Unanimously. MW- 2002 -165 Chief Administrative Officer Re: Portage Road Pathway. The report recommends that the construction of the pathway on Portage Road from Marineland to Norton Street be considered for construction in 2003. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. MW- 2002 -164 Chief Administrative Officer Re: Increase to 2003 Budget. The report recommends that the proposed increase to the 2003 Budget be re- examined when the final assessment information is provided to the City. On the motion of Alderman loannoni, seconded by Alderman Wing, that Mr. DeLuca be permitted to address Council on Report MW- 2002 -164. Carried Unanimously. AND Copies of e-mails related to Mr. DeLuca's request. -13- ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the City Clerk read the E -mails related to Mr. DeLuca's request. Carried. The City Clerk read the E -mails responding to Mr. DeLuca's request to address Council. Mr. DeLuca expressed concerns regarding the lack of "actuals" in the Budget; questioned the issue of water and hydro rates; usage /consumption rates; waste management issues, advised that there was no incentive for individuals to recycle; questioned doctor recruitment expenditures; Niagara Falls Tourism expenditures and the sale of the railway lands. The Director of Finance provided a brief overview of the structured rate dealing with water and hydro rates; consumption and a monthly charge; provided clarification on the use of "actuals advised that 54% of the revenue was raised from the residential class and that railway financing interest cost was to be $550,000. Following the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that Report MW- 2002 -164 be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Feren, seconded by Alderman loannoni, that permission be granted to proceed past 11 o'clock. Carried Unanimously. On the motion of Alderman Craitor, seconded by Alderman Orr, that Mr. Joe Brugman be permitted to address Council. Carried Mr. Joe Brugman indicated his dissatisfaction on the manner in which the Niagara Falls Minor Hockey Executive are treating small businesses and of the impact this behaviour could have on the children in the community. The Chief Administrative Officer clarified that there is no monies subsidizing the Niagara Falls Minor Hockey Association in the 2003 Budget and that reduced rates for municipal facilities are provided for all minor groups. Following the discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that staff forward Mr. Brugman's comments to Niagara Falls Minor Hockey for comment, that staff review the current arrangements regarding the use of office space /meeting rooms at City arenas by various groups; that a request be made for the Niagara Falls Minor Hockey Association's audited statements and that Niagara Falls Minor Hockey president, Butch Sacco, be invited to address Council. Carried Unanimously. Letters of Condolence MAYOR'S REPORT, ANNOUNCEMENTS, REMARKS ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Fisher, that a letter of condolence be forwarded to the family of the late Nancy Zavitz, wife of City Historian, Sherman Zavitz. Carried Unanimously. -14- ORDERED on the motion of Alderman Feren, seconded by Alderman Orr, that a letter of condolence be forwarded to the family of the late Leona Marie Shapton, wife of Thomas William Shapton, former City firefighter. Carried Unanimously. COMMUNICATIONS Communication No. 204 FX WORKS INC. Re: New Year's Eve Fireworks Display. The communication requests that Council approve their request for a public fireworks display at the Skylon Tower for New Year's Eve. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the request be approved subject to established policy. Carried Unanimously. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the following actions taken at Community Services Committee, earlier this evening, be approved: 1. Adoption of the November 25, 2002 Community Services Committee Minutes as amended; 2. MW- 2002 -167 Main Street Environmental Assessment Update on Issues that the report be deferred until Friday allowing staff to meet with Saks and Mr. Jovanovic; if no agreement is reached then the MOE is to be contacted to halt the EA process. 3. F- 2002 -73 Municipal Accounts that the municipal accounts totalling $1,858,202.12 for the period ending December 9, 2002, be approved; 4. F- 2002 -75 Borrowing By -law that the City Council approve the borrowing of $23,000,000.00 for current expenditures and approve the borrowing of $18,175,000.00 for the acquisition of the CNCP Railway Corridor; 5. F- 2002 -74 General Insurance Report that the 2003 Comprehensive Insurance Program be approved; that Community Services Committee request a continued review of the City's Risk Management practices; 6. MW- 2002 -159 Bill 175 An Act respecting the Cost of Water and Waste Water Services that this report be received and filed; 7. MW- 2002 -162 Easement Agreement Across MTO Property Storm Sewer Trunk from Dropshaft that staff be authorized to enter into an easement agreement with The Ministry of Transportation; 8. MW- 2002 -166 Community Centre Request for Public Private Partnership Proposal that this report be received and filed. Carried -15- RATIFICATION OF ENVIRONMENTAL PLANNING GREENING COMMITTEE ACTIONS R- 2002 -74, Chair, Environmental Planning Greening Committee Re: Actions stemming from the Environmental Planning Greening Committee Meeting of November 20, 2002. The report recommends that Council endorse the actions of the November 20, 2002 meeting of the Environmental Planning Greening Committee. Mr. Joe Talarico addressed Council regarding the removal of a City tree at 4911 McRae Street, on City property and requested that the City pay for the removal of the street tree. Following the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the City pay for the removal of the street tree at 4911 McRae Street. Carried ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that Report R- 2002 -74 be received and adopted as amended. Carried Unanimously. CD- 2002 -23 Chief Administrative Officer Re: Print Shop Equipment. The report recommends that Council approve the proposal for the print shop equipment, colour photo copier to the low bidder, Beatties Basics for a purchase price of $21,995.00 plus taxes. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. L- 2002 -83 Chief Administrative Officer Re: Establishment of a One Foot Reserve as a Public Highway; Block 53 on Plan 59M -268. The report recommends that one foot reserve described as Block 53 on Plan 59M -268 be established as a public highway to form part of Spring Blossom Drive. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. L- 2002 -84 Chief Administrative Officer Re: Establishment of a Road Widening as a Public Highway; Part 1 on 59R- 11879. The report recommends that a road widening, being part 1 on Reference Plan 59R- 11879, attached as Appendix "1 be established as a public highway, to be known as and to form part of Kalar Road. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. L- 2002 -85 Chief Administrative Officer Re: Glengate Motel Site Plan Agreement; File No. 2002 -147. The report recommends that the Site Plan Agreement dated July 19, 2001 between 1331207 Ontario Inc. and The Corporation of the City of Niagara Falls be registered on title, notwithstanding the numerous outstanding mortgages and liens registered against the property. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. RESOLUTIONS NO. 26 FEREN FISHER RESOLVED THAT the Council of the Corporation of the City of Niagara Falls confirms that the property known as Sam's Montrose Hotel, and situated at the southwest corner of Montrose Road and Chippawa Creek Road, is to be excluded from the 100 -metre setback requirement as it applies to By -law No. 2002 -201 as well as from the intent of the same separation distance policy as outlined in Official Plan Amendment No. 45; -16- BE IT RESOLVED THAT the Council of the Corporation of the City of Niagara Falls requests the Regional Municipality of Niagara to modify Official Plan Amendment No. 45 to specify that the lands shown hatched on Schedule 1 to this resolution are not suitable for an adult entertainment parlour or body -rub parlour as also specified in By -law No. 2002- 201; AND THEREFORE BE IT RESOLVED THAT the Council requests the Regional Municipality of Niagara to modify Official Plan Amendment No. 45, to ensure compliance and /or consistency between the Official Plan and By -law No. 2002 -201. AND The Seal of the Corporation be hereto affixed. Carried Unanimously. NO. 27 FISHER FEREN RESOLVED THAT the Council of the Corporation of the City of Niagara Falls reaffirms the passing of By -law No. 2002 -202, a by -law to permit the construction of a 26- storey hotel at 5200 Robinson Street. AND The Seal of the Corporation be hereto affixed. Carried Unanimously NO. 28 FISHER FEREN WHEREAS Section 44(1) of the Municipal Act 2001 states that the municipality that has jurisdiction over a highway or bridge shall keep it in a state of repair that is reasonable in the circumstances, including the character and location of the highway or bridge; and WHEREAS Section 44(4) of the Municipal Act 2001 states the Minister of Transportation may make regulations establishing minimum standards of repair for highways and bridges or any class of them; and WHEREAS Ontario Regulation 239/02 (Schedule 1), which sets minimum maintenance standards for municipal highways, came into force on November 1, 2002. THEREFORE BE IT RESOLVED that Council of the Corporation of the City of Niagara Falls adopts the minimum maintenance standards for municipal highways as prescribed in Ontario Regulation 239/02. AND The Seal of the Corporation be hereto affixed. Carried Unanimously. NO. 29 VOLPATTI CRAITOR THEREFORE BE IT RESOLVED THAT the City -owned lands on the west side of Montrose Road, north of McLeod Road, in the City of Niagara Falls, be and the same are hereby declared surplus to the City's needs. AND The Seal of the Corporation be hereto affixed. Carried Unanimously. NO. 30 VOLPATTI CRAITOR WHEREAS subsection 255(1) of the Municipal Act, R.S.O. 1990, c. M.45, as amended, provides that one -third of the remuneration paid to the elected members of councils and their local boards shall be considered as expenses incident to the discharge of their duties as members of council or local board; and WHEREAS subsection 255(2) of the Municipal Act, R.S.O. 1990, c. M.45, as amended, provides that the provisions of subsection 255(1) shall only continue to apply to members of council or its local boards after January 1, 2003 if the municipality passes a resolution before January 1, 2003 stating its intention that the provisions of subsection 255(1) shall continue to apply to elected members of council and its local board; and WHEREAS the council of The Corporation of the City of Niagara Falls hereby deems it desirable to continue the provisions of subsection 255(1) of the Municipal Act beyond January 1, 2003. THEREFORE BE IT RESOLVED THAT it is the intention of this council that the provisions of subsection 255(1) of the Municipal Act continue to apply to the elected members of this council and its local boards on and after January 1, 2003, provided that any member of council may by notice in writing to the City Treasurer direct him/her not to have one -third of his /her remuneration considered as expenses incident to the discharge of his/her duties. AND The Seal of the Corporation be hereto affixed. Carried Unanimously. BY -LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that leave be granted to introduce the following by -laws, and the by -laws be read a first time: -17- 2002 -221 A by -law to establish Block 53 on Plan 59M -268 as a public highway, to be known as and to form part of Spring Blossom Drive. 2002 -222 A by -law to establish part 1 on reference Plan 59R -11879 as a public highway, to be known as and to form part of Kalar Road. 2002 -223 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 -224 A by -law to authorize the execution of an agreement with Klein Building Company Limited respecting Montrose Road. 2002 -225 A by -law to amend By -law No. 2000 -268, being a by -law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of water rates. 2002 -226 A by -law to authorize the temporary borrowing of TWENTY -THREE MILLION DOLLARS for current expenditures for the current year and to authorize the temporary borrowing of SEVENTEEN MILLION FIVE HUNDRED THOUSAND DOLLARS for the acquisition of a certain rail line in the City of Niagara Falls. 2002 -227 A by -law to consolidate fees and charges for various services, licences and publications for the City of Niagara Falls in compliance with the Municipal Act 2001. 2002 -228 A by -law to authorize monies for General Purposes (December 9, 2002). 2002 -229 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on December 9, 2002. The motion Carried with Aldermen Craitor, loannoni, Federow and Wing abstaining from the vote on By -law No. 2002 -228 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 -221 A by -law to establish Block 53 on Plan 59M -268 as a public highway, to be known as and to form part of Spring Blossom Drive. 2002 -222 A by -law to establish part 1 on reference Plan 59R -11879 as a public highway, to be known as and to form part of Kalar Road. 2002 -223 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 -224 A by -law to authorize the execution of an agreement with Klein Building Company Limited respecting Montrose Road. 2002 -225 A by -law to amend By -law No. 2000 -268, being a by -law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of water rates. 2002 -226 2002 -227 2002 -228 2002 -229 The motion the vote on Next Meeting -18- A by -law to authorize the temporary borrowing of TWENTY -THREE MILLION DOLLARS for current expenditures for the current year and to authorize the temporary borrowing of SEVENTEEN MILLION FIVE HUNDRED THOUSAND DOLLARS for the acquisition of a certain rail line in the City of Niagara Falls. A by -law to consolidate fees and charges for various services, licences and publications for the City of Niagara Falls in compliance with the Municipal Act 2001. A by -law to authorize monies for General Purposes (December 9, 2002). A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on December 9, 2002. Carried with Aldermen Craitor, loannoni, Federow and Wing abstaining from By -law No. 2002 -228 and with all others voting in favour. NEW BUSINESS Alderman Puttick inquired whether there was a meeting next week. The Mayor responded that although there might be a special meeting later in the week related to the Main Street EA issue, this was the final meeting of the year. Hydro Rebates Alderman Norm Puttick requested further information from staff on the issue of hydro rebates to developers and businesses. He was advised by the Chief Administrative Officer that a report would be forthcoming. Taxes and The Niagara Parks Commission Alderman Norm Puttick requested further information dealing with taxes and The Niagara Parks Commission. He was advised by the Director of Finance that staff were dealing with the matter. Candles and Carolling Alderman Art Federow advised that the candles and carolling event was being held in Chippawa Square on December 14 2002 and extended an invitation to the community to participate and to bring a donation of a toonie or canned goods which would go to the homeless. Merry Christmas A Happy New Year READ AND ADOPTED, -19- His Worship Mayor Thomson wished everyone a Merry Christmas and a Happy and Healthy New Year. ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Feren, that the meeting be adjourned. Carried Unanimously. DEAN IORFI A, CI CLERK WAYNE THOMSON, MAYOR