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2003/06/16Committee Room 2 June 16, 2003 Council met on Monday, June 16, 2003 at 5:45 p.m. in Committee -of -the- Whole. All members of Council, were present. Alderman Judy Orr presided as Chairman. Following consideration of the items presented, the Committee -of- the -Whole rose to report in open session. READ AND ADOPTED, FOURTEENTH MEETING COMMITTEE -OF -THE- WHOLE DEAN IOR IDA CITY CLERK WAYNE THOMSON, MAYOR DISCLOSURES OF PECUNIARY INTERESTS Alderman Fisher indicated a pecuniary interest on Report F- 2003 -35, Cheque Nos. 276081 and 276231 because she is the recipient. Alderman Janice Wing indicated a conflict of interest on Report PD- 2003 -60; PD- 2003-65 and the Resolution dealing with By -law 2003 -97; and on Report CD- 2003 -14 from Community Services Committee, because she owns property with a Niagara Parks employee. Alderman Ken Feren indicated a pecuniary interest on Report PD- 2003 -55 and on Report CD- 2003 -14 from the Community Services Committee and on the Resolution dealing with By -law 2003 -97. Alderman Selina Volpatti indicated a conflict of interest on Communication No. 149 because her husband is a member of the organization. Alderman Kim Craitor indicated a pecuniary interest on Report F- 2003 -21, Cheque Nos. 275992 and 275993 from the Community Services Committee meeting of June 2, 2003, because a member of his family is employed by the Region; and from this evening's Community Services Committee meeting, on Report F- 2003 -35, Cheque No. 276026, because he is the recipient; and on Cheque Nos. 276141; 276142; 276143; 276281 and 276282 because a member of his family is employed by the Region. Report R- 2003 -44 Chair, Environment Planning Greening Committee Actions Stemming from the Environmental Planning Greening Committee Meeting of May 21, 2003. The report recommends that Council endorse the actions of the May 21, 2003 meeting of the Environmental Planning Greening Committee. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary-Pool, that the report be received and adopted. Carried Unanimously. -2- PLANNING MATTERS June 16.2003 Council Minutes PRESENTATIONS City of Niagara Falls Environment Award His Worship Mayor Thomson and Alderman Selina Volpatti congratulated and presented the City of Niagara Falls Environment Award to Nancy Huber, for her outstanding leadership, dedication and commitment to the creation of Maple Street Park. PD- 2003 -55 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 42/2002, 6870, 6886 6888 Drummond Road; Applicant: S. Navarroli; Agent: Richard Brady, Planner; Proposed Apartment Development The report recommends that Council approve the revised Zoning By -law ;.amendment application for 6870, 6886 and 6888 Drummond Road to permit the construction of a 70- unit apartment development comprising of two, three storey buildings with an integrated commercial component. AND Communication No. 123 Ken Hodgson Lynn Thiel; 6096 Churchill Street. The communication expresses opposition to the development of the proposed development. Communication No. 124 Robin Main, 6151 Churchill Street. The communication indicates opposition to the proposed development and expresses concems regarding the high density apartment development; safety concems because of the added volume of traffic from the development. Communication No. 125 Valerie Caselton. The communication expresses safety; privacy and traffic concerns because of the proposed development. Communication No. 126 Lena Gauvreau, 6191 Churchill Street. The communication expresses traffic concerns and refers to the gas fumes emitted from cars and trucks in the area. Communication No. 127 Gary Royer, 6079 Churchill Street.. The communication expresses opposition to the proposed development; discusses the issue of privacy; the impact of traffic patterns long an arterial roadway which is in direct proximity to two local schools and significant pedestrian traffic. Communication No. 128 Helen Rauccio, 6829 Drummond Road. The communication advises as being in opposition to the proposed development and expresses concems with regard to the increase in traffic due to the development. Communication No. 129 Mary Mongeri. The communication expresses traffic concems in the area and requests consideration for the installation of a "short" traffic light at Drummond end of Atlee Street in order to permit some vehicles to come out. Communication No. 130 Harold Carnrite, 6175 Churchill Street The communication expresses safety concerns with regard to pedestrian safety and high traffic patterns in the area; noise levels, bright lights, poor air quality. Communication No. 131 Regional Niagara, Planning Development Department. The communication advises as not being opposed to the proposed zoning by -law amendment. -3- June 16.2003 Council Minutes Communication No. 132 Verna J. Pook, 6770 Drummond Road. The communication expresses traffic concerns; noise; exhaust fumes emitted from the cars and buses in the area and requests that Council deny the application. Communication No. 133 Gary Royer, 6079 Churchill Street. The communication expresses opposition to the proposed development. Act. His Worship Mayor Thomson read the procedure to be followed under the Planning The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by prepaid First Class mail on May 23, 2003. His Worship Mayor Thomson received indication that Richard 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. The Director of Planning and Development discussed the subject property with the assistance of posted sketches, provided background information on the application, and advised that the revised design complied with the Residential policies of the Official Plan; he explained that the application had been before Council on two previous occasions, however, this application had been vastly changed: the entire parcel was now proposed for development, including a minor commercial component, and was better integrated into the community with the presence of street frontage; also, a significant attempt had been made to address previous concerns, which would mitigate privacy concerns, including the provision of a closed -board fence adjacent to the Churchill Street properties and increased landscaping; the Director advised that traffic generated by the proposed development did not warrant a site specific analysis but that general traffic concerns would be addressed through an upcoming Environmental Assessment study for Drummond Road between Lundy's Lane and McLeod Road. Staff were recommending this development redesign for Council's 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. Gary Royer, 6071 Churchill Street, was in attendance on behalf of some of the area residents, reviewed the specific concerns of the application dealing with density, building height, massing and setbacks and expressed opposition to the proposed development. He expressed concerns regarding pedestrian safety, the lack of privacy and requested that the application be denied. Ms. Andrea Hunt, 6087 Churchill Street, stated that with this proposed apartment building application along with the construction of a proposed 1,600 car lot, she suggested that a traffic impact study be conducted prior to approval. -4- June 16, 2003 Council Minutes Mr. Rick Brady requested Council's approval; he felt traffic impact issues could be addressed during the site planning process advised of the increase in landscaping and the decrease in the commercial component and stated that the project was in keeping with Smart Growth concepts. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 42/2003 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the report be received and adopted, conditioned upon a satisfactory traffic impact study and resident involvement in the site plan process. The motion Carried with Aldermen Campbell, Feren, Fisher, Pietrangelo, Puttick, Volpatti and Mayor Thomson voting in favour; and Aldermen Craitor, Federow, loannnoni, Janvary-Pool, Orr, and Wing voting contrary to the motion. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the correspondence be received and filed. Carried Unanimously. PD- 2003 -58- Chief Administrative Officer Re: Zoning By -law Amendment Application and Application for Site Plan Control; AM- 14/2003 SPC- 06/2003, 5950 Victoria Avenue; Applicant: Niagara 21 Group Inc., Agent: Italia Gilberti, Solicitor; Proposed 10- Storey Hotel. The report recommends the following: 1. That Council defer its decision on the 10- storey Zoning By -law Amendment application and four storey Site Plan Control application to enable to City to complete the Functional design Study of the Grand Boulevard; 2. That given the importance of the Grand Boulevard within the context of the Official Plan, it is further recommended that the Functional Design Study be completed in concert with the developer so that the following issues can be coordinated: Future utilization and enhancement of the Grand Boulevard including access, building orientation, pedestrian safety, on- street parking and capacity; Utilization of the applicant's air rights above the Grand Boulevard; The extension of Ferry Street to the Grand Boulevard; The Ferry Street Square; Traffic impact study recommendations that include elimination of the on- street parking spaces on the south side of Ferry Street, creation of a signalized intersection at the entrance to the subject lands and the underestimating of traffic volumes in the area. Ms. Italia Gilberti requested that the matter be deferred to the September 8, 2003 Council meeting in order that the appropriate studies and reports be completed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the matter be deferred to the September 8, 2003 Council meeting. Carried Unanimously. -5- June 16, 2003 Council Minutes PD- 2003 -60 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 7/2003, Roberts Street East of Stanley Avenue; Applicant: City of Niagara Falls; Rezoning to Facilitate a Landscaped Gateway Feature. The report recommends that Council approve the Zoning By -law amendment to rezone the lands shown in Schedule 1 to Open Space with special provisions to permit existing legal uses to continue as long as they exist and limit future uses to reflect the landscaped entrance gateway. -AND Communication No. 134 Regional Niagara, Public Works Department, Operational Support Services. The communication addresses the issues of the acquisition of remaining properties; the determination of land value and unusual situations. Communication No. 135 Regional Niagara, Planning Development Department. The communication advises as not being opposed to the proposed zoning by -law amendment. Communication No. 136 Eniagara, 5302 Stamford Street. The communication submits several questions for Council's consideration. Communication No. 137 Anthony Valeri, 5209 Roberts Street. The communication advises as being opposed to the proposed zoning by -law amendment. Communication No. 138 Itala Joe Fortino, 5168 Roberts Street The communication advises as being strongly opposed to the proposed zoning by -law amendment. Communication No. 139 The Niagara Parks Commission. The communication advises as being in support of the application. Communication No. 140a) Broderick Partners, on behalf of Canadian Niagara Hotels Inc. The communication expresses several concerns with respect to the existing usage of the building as a tourist information centre/welcome centre. Communication No. 140b) Broderick Partners, on behalf of Angela Rotella. The communication advises that their client was concemed about the noise, dust, traffic, sewage back -up, disconnections to cable T.V. and increased water pressure and advises that a chain link fence it a closed board fence could be constructed to separate her home from the busy gateway. Communication No. 140c) Broderick Partners, on behalf of Angela Rotella. The communication addresses the inappropriate access of vehicles from Roberts Street onto Second Avenue and of the traffic and safety concerns; and noise and odour attenuation. Communication No. 141- Ministry of Transportation. The communication advises that the Ministry has no objections, in principle, to the proposed zoning by -law amendment application. Act. His Worship Mayor Thomson read the procedure to be followed under the Planning The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by prepaid First Class mail on May 16, 2003. home. -6- June 16.2003 Council Minutes His Worship Mayor Thomson 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; he provided a history on how the various levels of government had come together to develop a gateway into the community; the Director advised that the application was to re -zone the properties from the existing "tourist commercial" to "open space" along with special provisions to permit the existing legal uses to continue as long as they exist and to limit future uses; also, it was mentioned that expropriation would be a last resort in the disposal of the properties. There was a positive 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. Daniel Ferro, 4946 Stamford Street, stated that he was in favour of the proposed application and requested that he be involved in the site planning process. Ms. Angela Rotella, 5358 Second Avenue, stated that she was in support, in principle, of the application, and requested that she be involved in the site plan process. She expressed concerns regarding noise and exhaust fumes from the vehicles in the area; the safety of the children and the lack of privacy. She requested that a noise attenuation wall or board fencing be erected; and that the issue of overgrown weeds and the installation of a "No Parking" sign be looked into, and that she would like to be involved in the landscaping plan. It was explained that, at this time, the Niagara Parks Commission's plans for the land were conceptual, in nature. Mr. Anthony Valeri, 5209 Roberts Street, advised that he would like to remain in his Mr. Richard Witt, 5110 Roberts Street, requested further information on the issue of expropriation of his property. Mr. Joe Fortino, 5168 Roberts Street questioned whether he could have a business on his property. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to AM- 7/2003 closed., ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the report be received and adopted. The motion Carried with Alderman Wing abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the correspondence be received and filed. Carried Unanimously. -7- June 16. 2003 Council Minutes PD- 2003.59 Chief Administrative Officer Re: Zoning By law Amendment Application; AM-19/2003, 4915 Clifton Hill; Agent: Canadian Niagara Hotels, Inc.; Applicant: Emilio Raimondo, Architect; Proposed Increase in building Height for an Indoor Water Park. The report recommends the following: 1. That Council approve the requested Zoning By -law amendment for 4915 Clifton Hill to permit an increase in the building height of the conference centre for an indoor water park; 2. That the amending by -law include the provisions that were the subject of a previous minor variance approval respecting this property; 3. That Council have regard to the matters raised by the abutting property owners. AND Communication No. 142 Regional Niagara, Planning Development Department. The communication advises as not being opposed to the proposed Zoning By -law amendment from a Regional and Provincial planning perspective. Communication No. 143 The Niagara Parks Commission. The communication advises as being in receipt of the application and would appreciate a copy of the plans and notice of Council's decision. Communication No. 144 Niagara Clifton Group Tremayne -Lloyd Partners Re: Beefeater (Niagara) Limited. The communication advises that approval be subject to the nine (9) requests made by Beefeater (Niagara) Limited and C.I. Burland Properties Limited, who are owners of the lands adjoining the proposed application. His Worship Mayor Thomson read the procedure to be followed under the Planning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by prepaid First Class mail on May 16, 2003. His Worship Mayor Thomson received indication that Mr. Emilio Raimondo, Architect, 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; advised that the intent of the application was to permit an increase in the existing building height of the conference centre from 55 feet to 115 feet in order to add an indoor water park. He indicated that the proposal complied with the intent and purpose of the Official Plan, that the majority of the construction concerns raised by the abutting landowner could be addressed by the Road Occupancy Permit and that staff were recommending approval of the requested Zoning By -law amendment and that the amending by -law include the varied provisions of the previous minor variance approval respecting the conference centre. -8- June 16, 2003 Council Minutes There was a positive response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a negative response in opposition to the application. Mr. Toshi Takishita, Solicitor, who was in attendance on behalf of Beefeater (Niagara) Limited and C.I. Burland Properties Limited, advised that his client was not objecting to the proposed application, but expressed public safety concerns and advised Council of nine conditions his client would like to see abided by. Mr. Emilio Raimondo, who was in attendance on behalf of the developer, advised that his client had concerns regarding the conditions proposed by the neighbouring property owner in regard to construction timing; he also referred to the provision of setback requirements after the 4 level of the development; and provided a brief outline of the proposed development. In response to concerns raised, the City Solicitor advised that construction issues could not be the subject of a zoning by -law; non zoning issues could not be made conditions of a zoning by -law but could be added to the road occupancy permit. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 19/2003 closed. ORDERED on the motion of Alderman Orr, seconded by Alderman Campbell, that the report be received and adopted and the following conditions be part of the Road Occupancy Permit: 1. That the applicant ensure that during construction, there is boarding installed in accordance with municipal and provincial regulations; 2. That the applicant submit to the City a detailed traffic and pedestrian protection plan indicating any detour routing and closures, and said plan must be approved by the City of Niagara Falls; 3. That the applicant must ensure that there is appropriate signage in accordance with the Traffic Control Manual for Roadway Work and Ontario Regulation 145/00, of the Occupational Health and Safety Act, placed on the subject property. The signs must be installed, maintained and removed by a qualified construction company at no expense to the City of Niagara Falls; 4. That all construction and any traffic obstruction take place between September 2003 to May 2004; 5. That any proprietor that is affected by the closure or the construction must be notified in advance. Carried Unanimously. ORDERED on the motion of Alderman Orr, seconded by Alderman Campbell, that the correspondence be received and filed. Carried Unanimously. PD- 2003 -56 Chief Administrative Officer Re: Official Plan Zoning By -law Amendment Applications; AM- 16/2003; 4223 Terrace Avenue; Applicant: Veronica Balaj; Agents: Rocco Vacca, Solicitor and Michael Allen, Architect; Proposed Inn. The report recommends the following: 1. That Council approve the Official Plan and Zoning By -law amendment application to permit the development of a 16 -unit inn with a dining facility, spa and related amenities; Act. -9- June 16.2003 Council Minutes 2. That the Site Plan Control By -law be amended site specifically to include the subject land so that matters such as building location, parking layout, landscaping, fencing and lighting can bd addressed and secured by an agreement and Letter of Credit. -AND Communication No. 145 Regional Niagara, Planning Development Department. The communication comments on the proposed application and advises that consideration should be given to minimize potential impacts and to protect the character and identity of the overall neighbourhood as emphasized in the City's Official Plan. His Worship Mayor Thomson read the procedure to be followed under the Planning The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by prepaid First Class mail on May 16, 2003. His Worship Mayor Thomson received indication that Mr. Michael Allen, Architect, 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 and advised that what was being proposed was a 16 -unit inn with spa and related facilities; advised that the existing house could be used for residents or an inn, therefore, density would not change; the egress and ingress would remain the same with the major entrance being off Buttrey Street; he stated that the proposed inn was low density and the site had been designed to minimize impacts on the surrounding lands. He advised that an exemption to the Residential designation by way of a Special Policy Area designation was appropriate and that the site specific amending by -law and site plan control would limit any impacts of the development on the surrounding neighbourhood and therefore, staff were recommending approval. There was a positive 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. Victor Cant, 4331 Buttrey Street advised that he was in support of the project and requested that he be involved in the site planning process. Mr. Bryant Hollinati, 4198 Terrace Avenue advised that he was in support of the proposal as it would be a good use of the property. Mr. Jonathan Peacock, 4223 Terrace Avenue, expressed concerns regarding the lack of upkeep of the premises, lighting, safety, snow removal issues that previous tenants had experienced. Mr. Michael Allen advised that his client had recently purchased the property, therefore, any tenant issues involved past owners; the intent of the project is to preserve the building and provide an attractive development, one that the area residents would also benefit from. -10- June 16, 2003 Council Minutes Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 16/2003 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the report be received and adopted and that the residents be involved in the site plan process. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the correspondence be received and filed. Carried Unanimously. PD- 2003 -57 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 17/2003, 4257 Montrose Road; Applicant: Costantino Construction Limited; Proposed Rezoning from R4 to R5B. The report recommends the following: 1. That Council approve the requested Zoning By -law amendment application to permit the development of a 3- storey unit apartment building; 2. That the amending zoning by -law contain provisions permitting a maximum building height of 45 feet (13.6 metres) based on a peaked roof design and requiring landscaping and building setbacks as set out in this report. -AND Communication No. 146 Costantino Construction Ltd. The communication advises as proposing a thirty-two unit condominium residence and encloses letters of support of the proposed development. Communication No. 146a) Fidelity Leather Vinyl Products Ltd. The communication advises as having no objections to the project. Communication No. 146b) Provincial Construction (Niagara Falls) Ltd. The communication advises as having no objections to the proposal. Communication No. 146c) -Wedgewood Homes. The communication advises as being in support of the proposed development. Communication No. 146d) Pinewood Homes (Niagara) Ltd. The communication advises as being in support of the proposed project. Communication No. 146e) Regional Niagara, Planning Development Department. The communication comments on the proposed application and advises that consideration should be given to minimize potential impacts and to protect the character and identity of the overall neighbourhood as emphasized in the City's Official Plan. Act. His Worship Mayor Thomson read the procedure to be followed under the Planning The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by prepaid First Class mail on May 16, 2003. His Worship Mayor Thomson received indication that Mr. Michael Allen, Architect, 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. June 16, 2003 Council Minutes 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; advised that the proposal complied with the intent and purpose of the Official Plan and with the Northwest Community Secondary plan with regard to density, location and height of the proposed apartment dwelling. He stated that the development had ample provision of parking, landscaping and buffering and that staff were recommending approval of the application. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a positive response in opposition to the application. Ms. Louise Goegan, 7688 Donlee Drive, advised that she was not opposed to the proposed development, but expressed concerns with respect to the building height which blocked the sunlight; the fence height and the relocation of the garbage enclosures; and suggested that the dead trees be removed in order to enhance the appearance in the area. In response to questions raised regarding road widening and traffic signals, the Director of Municipal Works advised that Montrose Road was still a Regional Road and that due to budget constraints, a number of Regional municipal works projects had been cut, including this one. Mr. Richard Knapp, 7684 Donlee Drive, expressed concerns regarding building height; garbage bin location and noise from the vehicles in the area; he requested board on board fencing. Ms. Peggy O'Para, 7678 Donlee Drive advised that she was in support of the proposed development; referred to matters of building height; garbage bin relocation and suggested the installation of a higher fence. She requested whether the development was to be rental units or condominium units. Mr. Emilio Raimondo, on behalf of the developer, explained that the development provided a peaked roof which would be more pleasing than an institutional flat roof style; he provided clarification on concerns expressed and advised that the garbage enclosure was already proposed to be relocated to not affect nearby residents; that a survey would be performed to look at the state of the trees, with dead ones removed and advised that his client could provide a higher fence. He stated that the proposed development was to be rental units. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 17/2003 closed. ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that the report be received and adopted and that the residents be involved in the site plan process. Carried Unanimously. ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that the correspondence be received and filed. Carried Unanimously. PD- 2003 -62 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 18/2003, 6235 Drummond Road; Applicant: Phong Chu; Agent Stan Szaflarski, Architect; Proposed Neighbourhood Commercial Building. The report recommends that Council approve the Zoning By -law amendment application for 6235 Drummond Road to permit the development of 1, 160 sq. feet commercial /residential building and recognize the existing commercial building on the land. Act. -12- June 16, 2003 Council Minutes His Worship Mayor Thomson read the procedure to be followed under the Planning The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by prepaid First Class mail on May 16, 2003. His Worship Mayor Thomson received indication that Mr. Stan Szaflarski, Architect, 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; he advised that the proposal was to permit the development of a 1,160 sq. ft. commercial/ residential building and recognize the existing commercial building on the land; the proposal complied with the Official Plan and that the development has been designed to minimize land use conflicts and that staff were recommending approval of the application. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a positive response in opposition to the application. Ms. Pam Kennedy, 6172 Drummond Road, expressed traffic and pedestrian safety concerns in the Drummond Road area. In response to questions raised, the Director of Municipal Works advised that the high traffic problems on Drummond Road would be looked at through the Environmental Assessment process. Mr. Stan Szaflarski, for the developer, provided a brief overview of the proposed development, expressed his opinion that there development was of appropriate scaling and massing, explained what parking would be necessary to accommodate the development and stated what the proposed commercial use was going to be. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 18/2003 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the report be received and adopted. The motion Carried with Alderman Orr voting contrary to the motion and with all others voting in favour. PD- 2003 -65 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 02/2003, 6505 Fallsview Boulevard and lands on the N/S of Dunn Street; Appeal to Amending By -law No. 2003 -97. The report recommends that Council reaffirm, by resolution, the passing of By -law No. 2003 -97. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the report be received and adopted. The motion Carried with Alderman Wing abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. See Resolution No. 18 -13- PD- 2003 -61 Chief Administrative Officer Re: Smart Growth Implementation Program. The report recommends that Council received this report for information purposes. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. PD- 2003 -63 Chief Administrative Officer Re: Downtown Community Improvements Plan (CIP) Hiring of Consultant. The report recommends that Council authorize the hiring of, and execution of an agreement with, RCI and GSP Consulting to prepare a Community Improvement Plan. ORDERED on the motion of Alderman loannoni, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. PD- 2003 -64 Chair, Municipal Heritage Committee Re: Matters Arising from the Municipal Heritage Committee. The report recommends that the matters arising from the Municipal Heritage Committee be endorsed. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. REGULAR COUNCIL ADOPTION OF MINUTES ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary-Pool, that the Regular Minutes of June 2, 2003 be adopted as printed. Carried Unanimously. MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS June 16, 2003 Council Minutes W.A. `Buck Hinsperger Pool Mayor Thomson extended an invitation to the Grand Opening of the W.A. "Buck" Hinsperger Swimming Pool on July 8, 2003, at the Chippawa Lions Park. Niagara Falls Horticultural Society Garden Walk Mayor Thomson advised that the Niagara Falls Horticultural Society would be holding its 9`" annual Garden Walk on July 12, 2003 and invited the community to attend. COMMUNICATIONS Communication No. 147 Clifton Hill BIA Re: Approval of the 2003 Budget. The communication requests that Council approve the Clifton Hill 2003 BIA Budget. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that the request be approved. Carried Unanimously. Communication No. 148a) The Corporation of the Town of Tecumseh Re: Emergency Management Program. The communication requests that Council support of the Town of Tecumseh's resolution to petition Emergency Measures Ontario to extend the period to adopt an emergency management program by by -law, from April 2004 to December 31, 2004, in order to allow municipalities to incorporate the costs into their 2004 municipal budgets. -14- REPORTS June 16. 2003 Council Minutes AND Communication No. 148b) Email from Fire Chief Patrick Burke. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the request be endorsed. Carried Unanimously. Communication No. 149 Order of Sons of Italy of Canada Re: Pyrotechnic Fireworks Display. The communication requests approval for a pyrotechnic fireworks display at Club Italia's Annual Picnic to be held on July 13, 2003. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the request be approved subject to established policy. The motion Carried with Alderman Volpatti abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. R- 2003 -42 Chair, Canada Day Committee Re: Canada Day, Free Swimming. The report recommends that City Council authorize free swimming at the five (5) Municipal Pools on Tuesday, July 1, 2003, as part of the celebrations planned for Canada's 136 Birthday. ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. R- 2003 -43 Chair, Canada Day Committee Re: Canada Day 2003. The report recommends that this report be received and filed for information. ORDERED on the motion of Alderman loannoni, seconded by Alderman Craitor, that the report be received and filed. Carried Unanimously. MW- 2003 -120 Chief Administrative Officer Re: Agreement of Partnership with Integrated Municipal Services (IMS). The report recommends that staff be authorized to enter into an Agreement of Partnership with Integrated Municipal Services (IMS) as per cost included in attached Schedule "C ORDERED on the motion of Alderman Feren, seconded by Alderman Campbell, that the matter be deferred. Carried Unanimously. L- 2003 -47 Chief Administrative Officer Re: Pedestrian Walkway, Fallsview Boulevard. The report recommends that the agreement for a pedestrian Walkway Bridge over Fallsview Boulevard among The Renaissance Hotel, The Hilton Hotel and the City, attached hereto as Appendix "1" be approved. ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the actions taken in Community Services Committee, earlier this evening, be approved: 1. Approval of the April 28, 2003 Community Services Committee Minutes; 2. Niagara Tourism District Review Phase 1 Report that the recommendations contained in the Phase 1 Report be approved; 3. Deputation Mr. Anthony Lisi, 6117 Fallsview Boulevard; and, Report CD-2003-14 Proposed Commercial Parking Lot, 6117 Fallsview Blvd. that the Committee grant relief from the requirements of the by -law, stipulated in the report, as per the applicant's request for a three (3) year term; 4. F- 2003 -34 Cancellation, Reduction or Refund of Taxes Under Section 442 and 443 of the Municipal Act that the report be approved; New Business: -15- June 16, 2003 Council Minutes 5. F- 2003 -35 Municipal Accounts that the municipal accounts totalling $4,749,038.39 for the period ending June 16, 2003 be approved; 6. BBS- 2003 -06 Sign By -law Variances; Commisso's Plaza Portage Road Niagara Square, Montrose Road that the application be denied to install Ground signs at Commisso's Plaza and Niagara Square but allow the existing signs to remain until the contract term expires; 7. MW- 2003 -107 Request for Proposal Development Charges Update Study that the City be authorized to request proposal from C.N. Watson and Associates Ltd., 8. MW- 2003 -112 Corporate Water Conservation Strategy that the report be received for information; 9. MW- 2003 -113 Fallsview Tourist Core Issues Update that this report be received for information; 10. MW- 2003 -114 Cameron Court that operation staff continues to monitor Shriners Creek and carry out the necessary cleanup as required and that the fence be included in the 2004 budget; 1. That staff relay Council's concerns over the offensive billboard sign located on Stanley Avenue to the Billboard company, Advertising Standards Canada and the Province requesting the power to regulate billboards for inappropriate contents; 2. That staff would investigate and lay charges under the noise by -law with respect to after hour deliveries at the Thorold Stone Road Plaza. The motion Carried with Alderman Feren and Wing abstaining from the vote on Report CD- 2003-14 on conflicts of interest previously noted; and Aldermen Craitor and Fisher abstaining from the vote on Report F- 2003 -35 on conflicts of interest previously noted and with all others voting in favour. See By -law No. 2003 -119 RATIFICATION OF MUNICIPAL PARKING TRAFFIC COMMITTEE ACTIONS ORDERED on the motion of Alderman Craitor, seconded by Alderman Feren, that the actions taken at the Municipal Parking Traffic Committee on June 10, 2003 be approved: MW- 2003 -119 Vice Chairperson, Municipal Parking Traffic Committee Re: Municipal Parking Traffic Committee Recommendations -June 10, 2003 Meeting. 1. MW- 2003 -105 Hickson Avenue Buttrey Street; Traffic Operations Review. The report recommends: a) That a stop sign be installed facing southbound motorists on Hickson Avenue at Buttrey Street; b) That By -law 89 -2000, Schedule "P" be updated to reflect the existing intersection control at the intersection of Buttrey Street Terrace Avenue; c) That a corner parking restriction be implemented at all times on the north side of Buttrey Street from Hickson Avenue to a point 18 metres east of Hickson Avenue. The motion Carried. -16- June 16.2003 Council Minutes 2. MW- 2003 -111 Request for a Loading Zone on the East Side of Ellen Avenue south of Centre Street the report recommends that a loading zone be established on the east side of Ellen Avenue from a point 18 metres south of Centre Street to a point 24 metres south of Centre Street. 3. MW- 2003 -110 Request for Taxi Stands in front of Niagara Falls Library, Victoria Avenue that a taxi stand be established on the east side of Victoria Avenue from a point 61 metres south of Morrison Street to a point 67 metres south of Morrison Street. 4. MW- 2003 -108 Request for Taxi Stands, Victoria Avenue that staff be directed to contact Falls Management Company to possible use of a small portion of the Old CP Rail lines to setup two taxi stands, and further, to setup a meeting as soon as possible with the Taxi Companies and Clifton Hill and Lundy's Lane B.I.A. committee representatives; 5. MW- 2003 -106 Kitchener Street between Stanley Avenue and Victoria Avenue Heavy Vehicle Restriction the report recommends: a) That funds be allocated from the Parking Reserve Fund for the construction of a Municipal Parking Lot, on the former C.P.R. lands, in the northeast quadrant of Palmer Avenue and Bender Street; b) That staff be authorized to proceed with further construction, on the former C.P.R. lands north of the Hwy. 420 right of way, if warranted, and cost effective through agreements with private sector commitments; 6. By -law No. 89 -2000 Updates that the updates to By -law 89 -2000 appearing later on tonight's agenda be approved. See By -law No. 2003 -115 See By -law No. 2003 -117 CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren, that the following received and adopted. 1. MW- 2003 -116, Montrose Road Murray Street Watermain Construction Niagara Falls Welcome Sign Water Service that the unit prices submitted by the low tenderer, Nexterra Subcontractors Inc., be accepted; 2. MW- 2003 -117, Contract 2003 -05; Cold -in -Place Recycling Dorchester Road; Mountain Road to Thorold Stone Road that the unit prices submitted by the low tenderer Norjohn Ltd. be accepted; -17- 3. FS- 2003 -08, Combat Challenge 2003- Indemnification that Council authorize the signing of an indemnification to allow combat Challenge participants to park in the Vincor parking lot on Dorchester Road during the Niagara Falls Combat Challenge competition; 4. CD- 2003 -13, Special Occasion Permit that Council indicates it has no objection to the issuance of a Special Occasion Permit to the organization listed in this report; 5. L-2003-44, Stirpe Agreement with the City, Building Permit (Checkerboard Lot); Miller Road that an Agreement dated June 2, 2003 between Giovanni Stirpe and Maria Rita Stirpe regarding application for a Building Permit with respect to Part 3 on Reference Plan No. 59R -2627, located on Miller Road, be authorized; 6. L- 2003 -45, Final Report regarding Privacy Complaint, Carmine loannoni that the Final Report of the Privacy Commission be implemented. Carried RATIFICATION OF COMMITTEE -OF- THE -WHOLE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the actions taken in Committee -of- the -Whole taken earlier this evening, be approved: 1. That the City enter into an Option Agreement to purchase Super Discount Souvenirs at 5401 Ferry St., on the terms conditions as set out in Schedule A and that the Mayor and Clerk be authorized to execute all the necessary documents to give effect to this recommendation. 2. That the former railway lands, now city owned lands, located north of Park Street, as set out in Schedule A, be declared surplus and offered for sale to Peninsula Broilers Limited, and further that Peninsula Broilers Limited pay for all costs associated with a sale including the cost of an appraisal preparation of a reference plan. Carried Unanimously. RESOLUTIONS NO. 18 PUTTICK PIETRANGELO RESOLVED THAT the Council of the Corporation of the City of Niagara Falls reaffirms the passing of By -law 2003 -97, a by -law to provide zoning regulations for the development of the Keg Restaurant at 6505 Fallsview Boulevard and the associated off -site parking lands on the north side of Dunn Street. AND the Seal of the Corporation be hereto affixed. The motion Carried with Aldermen Feren and Wing abstaining from the vote on conflicts of interest previously noted; and Aldermen Campbell, Federow and loannoni voting contrary to the motion and with all others voting in favour. BY -LAWS June 16.2003 Council Minutes 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: 2003 -114 A by -law to provide grants to the owners of property designated under the Ontario Heritage Act. -18- June 16, 2003 Council Minutes 2003 -115 A by -law to amend By -law No. 96 -50, being a by -law to provide for establishing parking lots in the City of Niagara Falls, and for regulating, supervising and governing the parking of vehicles in various municipal parking facilities thereon and charging a fee fro such parking. 2003 -116 A by -law to amend By- law -79 -200, to permit a reduction in lot area for two proposed agricultural lots. 2003 -117 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited, Loading Zone, Stop Signs at Intersections, Heavy Vehicle Restriction, Speed Limits on Highways, Loading Zones, Taxi Cab Stands) 2003 -118 A by -law to authorize the Mayor and Clerk to execute Subdivision Agreements and other documents pertaining to Subdivisions. 2003 -119 A by -law to authorize monies for General Purposes (June 16, 2003) 2003 -120 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 16 day of June, 2003. The motion Carried with Aldermen Fisher and Craitor abstaining from the vote on By -law No. 2003 -119 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: 2003 -114 A by -law to provide grants to the owners of property designated under the Ontario Heritage Act. 2003 -115 A by -law to amend By -law No. 96 -50, being a by -law to provide for establishing parking lots in the City of Niagara Falls, and for regulating; supervising and governing the parking of vehicles in various municipal parking facilities thereon and charging a fee fro such parking. 2003 -116 A by -law to amend By- law -79 -200, to permit a reduction in lot area for two proposed agricultural lots. 2003 -117 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited, Loading Zone, Stop Signs at Intersections, Heavy Vehicle Restriction, Speed Limits on Highways, Loading Zones, Taxi Cab Stands) 2003 -118 A by -law to authorize the Mayor and Clerk to execute Subdivision Agreements and other documents pertaining to Subdivisions. 2003 -119 A by -law to authorize monies for General Purposes (June 16, 2003) 2003 -120 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 16 day of June, 2003. The motion Carried with Aldermen Fisher and Craitor abstaining from the vote on By -law No. 2003 -119 and with all others voting in favour. Niagara Falls Transit Commission Niagara Falls Hydro -19- NEW BUSINESS Traffic Officer at Centre StreetNictoria Avenue ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti, that the matter of having a Traffic Officer at Centre Street and Victoria Avenue, on weekends and holidays, during peak hours be looked into. Carried Unanimously. ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren, that the Chair of the Transit Commission be invited to attend a Committee -of- the -Whole meeting in order to provide an update. Carried Unanimously. June 16. 2003 Council Minutes ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren, that Mr. Brian Wilkie, Niagara Falls Hydro, be invited to address Council in order to provide an update on the Niagara Falls Hydro. Carried Unanimously. Accident at Dorchester /Frederica Lundy's Lane Alderman Kim Craitor referred to the concems expressed by Mr. Mrs. Sloan regarding an accident that had occurred at Dorchester /Frederica /Lundy's Lane and suggested that curbs and gutters be installed in that area in the near future. It was mentioned that the Dorchester Road EA would be coming back in the future. Dust from Truck Traffic on Carroll Avenue Alderman Kim Craitor advised that the residents on Carroll Avenue have been expressing concerns with regard to the dust being generated by the truck traffic in that area and requested that staff bring a report back on the matter. ORDERED on the motion of Alderman Craitor, seconded by Alderman Janvary-Pool, that staff bring back a report on the issue of dust being generated by the truck traffic on Carroll Avenue. Carried Unanimously. Rusty Water Problems Alderman Kim Craitor advised that a resident on Carlton Street was still experiencing rusty water problems, even with the aid of three filters and requested that staff again look into the matter. Parking Problems at the corner of Drummond Road and Murray Street Alderman Janice Wing referred to concerns previously expressed regarding parking problems at Danny O's at the corner of Drummond Road and Murray Street and requested an update. Letters of Condolence ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that a letter of condolence be forwarded to the family of the late Addolorata (Dolores) Lanni, on their recent loss. Carried Unanimously. ORDERED on the motion of Alderman Feren, seconded by Alderman Volpatti, that a letter of condolence be forwarded to the family of the late Paul L. Cunningham, a well respected citizen of the community. Carried Unanimously. Anti Smoking By -law Alderman Selina Volpatti referred to the difficulties being experienced by small businesses due to the implementation of the Region's anti smoking by -law. His Worship Mayor Thomson provided some clarification on the matter. Same Sex Marriages Following some discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the issue of same sex marriages be deferred. Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, DEAN IORFIDA, ITY CLERK -20- June 16, 2003 Council Minutes WAYNE THOMSON, MAYOR