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2005/01/17Council met on Monday, January 17, at 5:00 p.m. in an In Camera Session. All members of Council were present. Alderman Wayne Campbell presided as Chairman. Following consideration of the items presented, the In Camera Session rose to report in open session. READ AND ADOPTED, FIRST MEETING IN CAMERA SESSION REGULAR COUNCIL MEETING BY -LAW Committee Room #2 January 17, 2005 c- 21: DEAN IORF DA, CI YY CLERK R. T. (TED) SALCI, MAYOR Council Chambers January 17, 2005 Council met in formal session on January 17, 2005 at 5:25 p.m. following an In Camera Session. All members of Council were present. His Worship Mayor Salci presided as Chairman. His Worship Mayor Salci introduced Dr. Ian Brown, Community Centre Campaign Committee Chair who provided a brief background history of Mr. John H. McCall MacBain and of the events that had taken place with respect to the naming of the Community Centre. Dr. Brown informed that Mr. MacBain wished to make a personal, charitable gift in memory of his family's contribution to Niagara Falls of $1 million and Dr. Brown advised that in recognition of this generous legacy to the community, the name of the Community Centre would be The MacBain Community Centre. Mr. John H. McCall MacBain expressed his appreciation for being able to give back to the community and encouraged others to also donate to this worthwhile campaign. Following the presentations, it was ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that Council approves the execution of a Letter of Understand ing for the naming agreement with John H. McCall MacBain, respecting the naming of the Community Centre located on McLeod and Montrose Road. Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that leave be granted to introduce the By -law and the By -law be now read a first time: 2005 -01 A by -law to authorize the execution of a Letter of Understanding for the Naming Agreement with John H. McCall MacBain, respecting the naming of the Community Centre located on McLeod Road and Montrose Road in Niagara Falls. Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that the By -law be now read a second and third time: 2005 -01 A by -law to authorize the execution of a Letter of Understanding for the Naming Agreement with John H. McCall MacBain, respecting the naming of the Community Centre located on McLeod Road and Montrose Road in Niagara Falls. Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the Council meeting be recessed to accommodate a short press conference on the naming of the Community Centre, followed by a Corporate Services Committee meeting. Carried Unanimously. Council resumed its meeting at 7:25 p.m., following a Corporate Services Committee meeting. Alderman Carolynn loannoni offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Morocco, seconded by Alderman Kerrio, that the Minutes of December 6, 2004 Council meeting and Minutes of December 13, 2004 Council meeting be adopted as printed. Carried Unanimously. DISCLOSURES OF PECUNIARY INTEREST Alderman Campbell indicated a conflict of interest on Report No. F- 2005 -01, Cheque No. 288983 because he is the recipient and on Cheque No. 289005 because the District School Board of Niagara is his employer; and on Cheque No. 288924 because Stamford High School is the location of his employment. Alderman Morocco indicated a conflict of interest on Report No. F- 2005 -01, Cheque Nos. 289050 and 289507 because her spouse is the recipient. She also indicated a conflict of interest on Cheque No. 289271, because it is her contract place of employment. Alderman Pietrangelo indicated a conflict of interest on Report L2005 -04 and on Report F- 2005 -01, Cheque No. 289053, because the Niagara Catholic District School Board is his employer. Alderman Wing indicated a conflict of interest on Communication No. 07, because she is a dues paying member of a CUPE Ontario local. Mayor Salci indicated a conflict of interest on Report F- 2005 -01, Cheque Nos. 289202, 289203 and 289204 because he is the recipient. 2004 Winter Festival of Lights Sparkle Awards His Worship Mayor Salci introduced Mr. Dino Fazio and Ms. Bronwyn Sage, Winter Festival of Lights, who presented the 2004 Winter Festival of Lights Sparkle Awards to the following: Residential Category: First Place: Second Place: Third Place: -2- PRESENTATIONS January 17.2005 Council Minutes Mr. Mrs. Murray of 5446 Morrison Avenue. Mr. Mrs. Peterson of 5446 Highland Avenue, (not present). Mr. Mrs. Montgomery of 8468 Oakwood Drive Commercial Category: First Place: Second Place: Third Place: Michael's Inn at 5599 River Road Ripley's 4 -D Moving Theatre at 4983 Clifton Hill Home Sweet Home at 4154 Portage Road PLANNING MATTERS January 17, 2005 Council Minutes PD- 2005 -05 Chief Administrative Officer Re: Recommendation Report; Garner Estates Phase 5; Draft Plan of Subdivision 26T -11- 2004 -02 (Revised); Zoning By -law Amendment Application AM- 12/2004; Owner: River Realty Development (1976) Inc. The report recommends the following: 1. That the Garner Estates Phase 5 Plan of Subdivision be draft approved subject to the conditions in the Appendix; 2. That the Mayor or designate bu 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 as detailed in this report to provide the necessary land use regulations to guide the development of the subdivision. The City Clerk advised that a public meeting was being convened to consider a proposed amendment to the City's Zoning By -law to permit 101 single detached dwellings and one lot for a semi detached dwelling. He further advised that the Notice of the Public Meeting had been given by Prepaid First Class mail, in accordance with the Planning Act on December 17, 2004 and by posting a sign on the property in question. He informed that anyone wishing to receive notice of the passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, should leave their names on the sign -in sheets outside the Council Chambers. The Director of Planning and Development reviewed the subject property, through the use of posted sketches; he advised that the 19.59 acre site was located between Garner Road and Kalar Road, north of McGarry Drive and he explained this was an extension of the previous phases of the Garner Estate subdivisions and was in keeping with the policies developed in the Garner Neighbourhood Plan; he referred to the Provincially Significant Wetland (PSW) in the northwest area of the plan, and indicated that an Environmental Impact Study had been provided by the applicant, which identified mitigation measures in relation to the PSW. The Director of Planning and Development commented that the lots were smaller in this subdivision and that development was restricted to singles because of the ample supply of multiples east of Kalar Road. He explained that the developer was not required to provide the requested fencing by the German Village Club, as the City does not mandate fencing for new residential development, since homeowners often wish to install fencing to their own liking. He stated that a linear trail was proposed for the open water course as there was active parkland to be developed nearby. The Director of Planning and Development indicated that the subdivision complied with the policies of the Official Plan and the Garner Neighbourhood Secondary Plan, therefore, planning staff were recommending approval the application and to the Conditions for Draft Plan Approval. -4- January 17, 2005 Council Minutes His Worship Mayor Salci 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. There was a negative response to Mayor Salci's request for comments. Mr. John Mestik, on behalf of River Realty advised that the developer was in full agreement with staffs recommendations and requested approval of the application. In response to inquiries, Mr. Mestik advised that the developer would consider providing a 6- foot high chain link fence along the west limit of Lots 4 to 10 (inclusive) that abut the German Village Club Soccer field. Since no further comments were forthcoming, Mayor Salci declared the public meeting with regard to AM12/2004 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that the report be received and adopted. During the discussion, an amendment to the motion was requested. ORDERED on the motion of Alderman Wing, seconded by Alderman Campbell, that the developer provide 6 -foot high chain -link fencing along the west limit that abut the German Village Club Soccer Field. The motion Carried with Aldermen Kerrio and Volpatti voting contrary to the motion. ORDERED on the motion of Alderman Wing, seconded by Alderman Campbell, that the report be received and adopted and further, that the developer provide a 6 -foot high chain link fence along the west limit of Lots 4 to 10 (inclusive) that abut the German Village Club soccer field. Carried Unanimously. PD- 2005 -02 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 25/2003 (Revised)5950 Victoria Avenue; Agent: Italia Gilberti, Solicitor; Proposed 30- Storey Hotel. The report recommends that Council defer its decision regarding the requested Zoning By -law amendment application for a proposed 30- storey hotel at 5950 Victoria Avenue to allow for the Architectural Peer Review and Grand Boulevard issues to be resolved. The City Clerk advised that a public meeting was being convened to consider a proposed amendment to the City's Zoning By -law to permit a 30- storey hotel at 5950 Victoria Avenue. He further advised that the Notice of the Public Meeting had been given by Prepaid First Class mail, in accordance with the Planning Act on November 1 and that the matter had been deferred by the Council on two previous occasions. He informed that anyone wishing to receive notice of the passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, should leave their names on the sign -in sheets outside the Council Chambers. The Director of Planning and Development reviewed the subject property, through the use of posted sketches; advised that the application was for a 30- storey hotel tower, which was an addition to the existing Marriott Courtyard facility located at Ferry Street and Victoria Avenue; he advised that there were a few fundamental issues associated with this application: compliance with the Official Plan policies for urban design, the prematurity of the development and whether it was in the public's best interest; he referred to the areas of concern raised by the Architectural Peer Review panel regarding site design, building locations, tower location, intensive amount of parking onsite, minimal landscaping, lack of engagement of the public street system, view corridors and microclimate and that these concerns, along with the lack of engagement of the Grand Boulevard, illustrated that the proposed development did not comply with the City's Official Plan policies. -5- January 17, 2005 Council Minutes The Director of Planning and Development explained in greater detail that ancillary services should be coordinated into the podium of the development, not by adding podium buildings after the fact. He explained that a better location of the building would mitigate microclimate effects. The Planner referred to the prematurity in dealing with the application, in light of the fact that the Victoria BIA's proposed amendment regarding the Grand Boulevard had not been dealt with yet. He stated that the final decisions on the Grand Boulevard should be decided before Council considered this application. He advised that Planning staff were not recommending approval of the proposed 30- storey hotel, until the Peer Review and Grand Boulevard conformity issues were satisfied by the applicant. His Worship Mayor Salci 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. There was a positive response to Mayor Salci's request for comments. Mr. Rocco Vacca, on behalf of the property and business owners on Ferry Street and Fallsview Boulevard and members of the Victoria BIA, advised that they were in support of the application and further, that they were in support of any development along Clifton Hill and Victoria Avenue; he advised that he was aware that the Victoria Avenue BIA supports the development of a People Mover system, but did not support pedestrian and vehicular traffic along the Grand Boulevard corridor. Mr. Vacca expressed the view that the request to construct a development along the frontage of the corridor was premature, until it was determined if and when the People Mover System would be constructed. Mr. Vacca recommended that the development proceed, that Council should not pre- determine the future of the Grand Boulevard and that having as much on -site parking as possible, would allow more flexibility in light of the undetermined future of the Grand Boulevard. He stated that tying the developer to certain requirements along the boulevard would undermine the ability to adapt to whatever the future configuration of the People Mover corridor would be. Ms. Italia Gilbert', Solicitor, in attendance on behalf of the applicant, stated that the applicant was in disagreement with staffs recommendation report; she commented that the main issues were the location of the building and its relationship to the Grand Boulevard. She commented that this development would help stimulate further beautification and development in the area and outlined the economic benefits. After some discussion, she confirmed that there would be more intensive landscaping provided in the area and that the developer would engage the Grand Boulevard, whatever its future incarnation. She requested that Council approve the application. Mr. Michael Kirkland, Chair of the Architectural Peer Review panel indicated that if the proposed building was not so far west, wind would be mitigated. Mr. Wayne Murray, Chapman, Murray Associate Architects Inc., architect for the developer, disputed the Chair's claim indicating that the developer's studies showed that if the building was further east, the wind would hit the public areas and not the service areas as their study indicated. Since no further comments were forthcoming, Mayor Salci declared the public meeting with regard to AM- 25/2003 closed. ORDERED on the motion of Alderman loannoni, seconded by Alderman Pietrangelo, that Council approve the proposed 30- storey hotel and further, that the developer provide more intensive landscaping in the area. The motion Carried with Alderman Wing voting contrary to the motion and with all others voting in favour. -6- January 17, 2005 Council Minutes PD- 2005 -08 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 56/2004, 4145 Main Street; Applicant: Peggy Erwin (City of Niagara Falls); Expansion of a dwelling located within a Hazard Land Zone. The report recommends the following: 1. That Council not approve the requested amendment application which would allow for the expansion of an existing dwelling in a Hazard Land zone; 2. That if Council decides to approve the application, approval be subject to the following: renegotiation of the lease to provide a right -of -way for public uses between the existing buildings and the waters edge; renegotiation of the lease to require the demolition of the building and restoration of the property at the owner's expanse; compliance with the findings of the EIS; requirement of site plan control for the addition. -AND Communication No. 01 Robert Marianne Owens; Philip Mary Dunnett; Karl Cathy Dunnett; Jerry Letourneau; Millie Peter Hendershot; Darryl Waselynchuk; Rodney Darlene Dunnett; and Bill Rita Muileboom. The communication expresses opposition to the proposed amendment. Communication No. 02 Regional Niagara, Planning and Development Department The communication advises that Regional Planning staff are not opposed to the proposed zoning amendment subject to their proposed measures being implemented. Communication No. 03 Greg Roszier, Project Manager, Corridor Management Office, Ministry of Transportation. The communication advises as having no concerns or comments to the proposed zoning by -law amendment application. The City Clerk advised that a public meeting was being convened to consider a proposed amendment to the City's Zoning By -law amendment application for the expansion of a dwelling located at 4145 Main Street. He further advised that the Notice of the Public Meeting had been given by Prepaid First Class mail, in accordance with the Planning Act on December 17, 2004 and by posting a sign on the property in question. He informed that anyone wishing to receive notice of the passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, should leave their names on the sign -in sheets outside the Council Chambers. The Director of Planning and Development discussed the subject property, through the use of posted sketches; he explained that Council had given permission to the applicant to proceed with a zoning by -law amendment on City- owned, public property. He indicated that the application represented an entrenchment of a private use on publicly owned land, which might hinder public accessibility and future waterfront development. He stated that the Environmental Impact Study indicated the conditions that should be adhered to, should approval be given and that these conditions would be implemented through site plan. He advised that Planning staff were of the opinion that the application was contrary to the intent of the Official Plan, and that it was not in the public interest, and therefore, were recommending denial of the application. -7- January 17, 2005 Council Minutes The Director of Planning and Development also stated that if Council wished to approve the application, approval should be conditional on renegotiations of the lease to provide a right -of -way for public uses between the existing building and the waters edge, the renegotiation of the lease to require demolition of the building and restoration of the property at the owner's expense, compliance with the Environmental Impact Study and the requirement of site plan control for the addition. His Worship Mayor Salci 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. There was a positive response to Mayor Salci's request for comments. Mr. Karl Dunnett, 4020 Main Street indicated that he was opposed to the property becoming a permanent residence for the applicant and that approval would open the door for similar applications. The City Solicitor commented that the applicant was paying full taxes based on a fair market value from an independent appraisal. Mr. Jerry Letourneau, 4108 Main Street enquired about derelict properties located at the street ends. In response, the City Solicitor stated that there were property standards that have to be abided by. Mrs. Peggy Erwin, the applicant, indicated that the lease did not restrict habitation to seasonal and that this was confirmed by the assessment of the property. She indicated that there were no species in the Hazard Lands. She stated that she would abide by the conditions suggested, however, that any future right -of -way for future recreational use be along the driveway not the water's edge. Mrs. Erwin was of the opinion that to accommodate a public right -of -way along the water edge would mean elimination of trees and the need to reinforce the shore line. Since no further comments were forthcoming, Mayor Salci declared the public meeting with regard to AM- 56/2004 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that Council approve the application subject to the following conditions: renegotiation of the lease to require the demolition of the building and restoration of the property at the owner's expense, compliance with the findings of the Environmental Impact Study, requirement of site plan control for the addition and renegotiation of the lease to provide a right -of -way for public uses in front of the existing building. The motion Carried with Aldermen loannoni and Wing voting contrary to the motion. Alderman Campbell vacated Council Chambers. PD- 2005 -04 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 55/2004, 4025 Dorchester Road; Applicants: Curtis Gail Development Corp. (Ang Marino); Requested Lifting of Cap Applicable to Retail Uses. The report recommends the following: 1. That Council approve the requested Zoning By -law amendment application to lift the cap on retail uses that currently applies to the land; 2. That Council pass the amending by -law, included on tonight's agenda, to implement the above -noted recommendation. -8- January 17, 2005 Council Minutes -AND Communication No. 04 Mr. Gerald P. Kenney, 6967 York Drive. The communication advises as not being opposed to the proposed application, but expresses objections and concerns that the portion of the property known as 4025 Dorchester Road, presently zoned R4 is not to be used as retail and /or a parking area for the named retail plaza. -AND Communication No. 05 Regional Niagara, Planning and Development Department. The communication advises as having no objections to the proposed zoning application. The City Clerk advised that a public meeting was being convened to consider a proposed amendment to the City's Zoning By -law amendment application for a 1.6 acre portion of land applicable to retail uses at 4075 Dorchester Road. He further advised that the Notice of the Public Meeting had been given by Prepaid First Class mail, in accordance with the Planning Act on December 14, 2004 and by posting a sign on the property in question. He informed that anyone wishing to receive notice of the passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, should leave their names on the sign -in sheets outside the Council Chambers. The Director of Planning and Development discussed the subject property, through the use of posted sketches; he advised that no expansion of the plaza was proposed. He further advised that Planning staff were recommending approval as the proposed lifting of the cap on retail uses was within the intent of the Minor Commercial designation of the lands and that other uses permitted in this site specific zone are not restricted by size. His Worship Mayor Salci 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. There was a negative response to Mayor Salci's request for comments. Since no further comments were forthcoming, Mayor Salci declared the public meeting with regard to AM- 55/2004 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the report be received and adopted. Carried Unanimously. See By -law No. 2005 -07 PD- 2005 -03 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 54/2004, 4395 and 4417 Kent Avenue; Applicant: Niagara Artcraft Woodwork Company Ltd., Join Four Lots into One Parcel for the Purpose of Providing Required Parking. The report recommends that Council approve the Zoning by -law amendment application to join the four lots into one parcel for the purpose of providing the required parking for the existing development and to formalize the earlier approved variances. The City Clerk advised that a public meeting was being convened to consider a proposed amendment to the City's Zoning By -law amendment application at 4395 and 4417 Kent Avenue, to join the four lots into one parcel for the purpose of providing the required parking for the existing development. He further advised that the Notice of the Public Meeting had been given by Prepaid First Class mail, in accordance with the Planning Act on December 17, 2004 and by posting a sign on the property in question. He informed that anyone wishing to receive notice of the passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, should leave their names on the sign -in sheets outside the Council Chambers. -9- The Director of Planning and Development discussed the subject property, through the use of posted sketches; he advised that the proposal complied with the intent and purpose of the Official Plan; he advised that this was a housekeeping matter: many expansions to the building had occurred, rezoning the property as one would allow parking requirements to be met and that this would formalize the earlier Committee of Adjustment approvals Alderman Diodati vacated Council Chambers. Alderman Campbell returned to Council Chambers. January 17. 2005 Council Minutes His Worship Mayor Salci 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. There was a negative response to Mayor Salci's request for comments. Since no further comments were forthcoming, Mayor Salci declared the public meeting with regard to AM- 54/2004 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the report be received and adopted. Carried Unanimously. Alderman Diodati returned to Council Chambers. MAYOR'S REPORTS, ANNOUNCEMENTS His Worship Mayor Salci announced that Deflecto Canada would be opening a new 90,000 sq. foot Distribution Centre at Don Murie Street; and that the Great Wolf Lodge was having a ground- breaking ceremony. Mayor Salci provided information on the following events: "Ice Jam" Dance at Optimist Park organized by the Mayor's Youth Advisory Committee, the 1s Annual Youth Club of Club Italia Pasta Dinner to benefit "Dreams Take Flight" program, the 16` Annual Sports Wall of Fame Induction Ceremonies, the Misty Awards, the Alzheimer Society's 1 annual "Walk for Memories the First Annual Mayor's and Council's Chilli Cook -Off to raise funds for "Raise the Roof' campaign. His Worship Mayor Salci advised that he would be providing his State of the City Address at the Council meeting of January 31 2005; Mayor Salci requested that Council sign the City's 100 Birthday Banner, and indicated that it would be hung in an appropriate place; Mayor Salci referred to numerous Letters of Condolence that had been sent on behalf of the Mayor and members of Council. COMMUNICATIONS Communication No. 6a) Main Ferry BIA Re: Proposed Budget. The communication requests that Council approve the Main Ferry 2004 budget in the amount of $47, 250.00. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the request be approved. Carried Unanimously. Communication No. 6b) Main Ferry BIA Re: Extension of the boundary of Main and Ferry BIA The communication requests an extension of the existing Main Ferry BIA boundary lines. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the request be referred to staff. Carried Unanimously. Communication No. 7 CUPE /SCFP (Ontario Division Canadian Union of Public Employees) Re: Child Care and Early Childhood Education. The communication requests Council support to urge the Ontario and Federal governments to move quickly and create a new National Childcare Program. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the request be approved. The motion Carried with Alderman Wing declaring a conflict of interest on the matter. RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS January 17, 2005 Council Minutes ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the actions taken in Community Services Committee, earlier this evening be approved: 1. Adoption of the Minutes of December 6, 2004; 2. MW- 2005 -01 Oakwood Drive Parking Review that the parking be restricted at all times on the west side of Oakwood Drive; 3. MW- 2005 -02 Kister Road parking Review that parking be restricted at all times on the East side of Kister Road between Progress Street and Don Murie Street; 4. MW- 2005 -03 Beaver Valley Way at Beaverton Boulevard, Traffic Operations Review that the existing "no parking" zone on both sides of Beaver Valley Way be removed; 5. MW- 2005 -05 Confederation Avenue, Parking Review that staff review in one year; 6. R- 2005 -03 Deferral of Construction of Phases 2 of the Millennium Trail -that the Millennium Trail report be deferred and a Public Meeting be held regarding all phases of the Millennium Trail, further, that staff approach Ontario Reality to discuss the potential purchase or obtaining a recreational licence to use the Mitchell Line; 7. That the General Clerk 1 position at the Coronation 50 Plus Recreation Centre be made a full time position. RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS Carried Unanimously. ORDERED on the motion of Alderman Campbell, seconded by Alderman Kerrio, that the actions taken in Corporate Services Committee on December 13, 2004 be approved: 1. Adoption of the Minutes of December 6, 2004 Corporate Services Committee; January 17, 2005 Council Minutes 2. That the Regional Municipality of Niagara be requested to hold public meetings in each municipality to determine the public's opinion of the proposed new regional Headquarters building; 3. That staff investigate and identify areas where there is duplication of services between the upper and lower -tier municipalities; 4. That the funding request in the amount of $380,000 for the Winter Festival of Lights be referred to the 2005 Budget deliberations; 5. That any budget presentation to the City should include a complete set of audited financial statements; 6. That the 2005 funding request for Niagara Falls Tourism be deferred to the next budget meeting; 7. That the request from the Greater Niagara Baseball Association to have a lighting system at Oakes Park refurbished at a cost of $144,000 be referred to final budget deliberations; 8. That Report F- 2004 -66, 2005 Budget Update, be received and filed; 9. That the funding in the 2005 Capital Budget for the Larry DeLazzer Park be increased to $80,000; 10. That staff report on the total costs to do drainage works on Rexinger Road, Ort Road, etc. and the status of drainage works to be done in 2005; 11. That staff provide Council with a list of 2005 proposed office furniture purchases and renovation costs; 12. That an amount of $500,000 be transferred from the operating budget to the capital budget; 13. That staff provide a breakdown to Council on unpaid taxes by property classification; 14. To proceed with construction on Dorchester Road between Highway 420 and Morrison Street, and that the remaining works will not proceed until the rail grade separation EA is complete; 15. When the EA for the Dorchester Road reconstruction is approved, staff will provide costs on installing temporary street lights at Dawson Street; 16. That further budget deliberations be scheduled for the January 17, 200t meeting. Carried Unanimously. RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Alderman Morocco, that the actions taken in Corporate Services Committee, earlier this evening be approved: 1. Adoption of the minutes of the December 13, 2005 Corporate Services Committee; 2. That the request for a contribution of $4,000 to the Hydro Workers Memorial Cairn be referred to budget deliberation; -12- January 17, 2005 Council Minutes 3. That the correspondence from the Niagara Peninsula Conservation Authority be received and filed; 4. That the 2005 funding request from Niagara Falls Tourism be deferred pending the results of their organizational review; 5. That $25,000 be reinstated to the Library's 2005 funding request for their book budget; 6. That a resolution be sent to the Ontario Minister of Culture, expressing concern about any reduction in the Library's 2005 per household provincial grant; 7. That the financial statements of the Winter Festival of Lights be received and filed and that information on the $301,875 operating deficit be provided at the same time as the organizational review has been completed; 8. That Report CAO- 2005 -01 2005 Proposed Office Renovations and Furnishings be received for information; 9. That staff be directed to return on February 14, 2005 for further budget discussion and that staff present scenarios on a 2 1°/0 and 0% tax increases according to the Council's strategic priorities; 10. That the Service Delivery Review be actively pursued and brought back to Council well prior to the 2006 budget. Carried Unanimously. 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 Pietrangelo, seconded by Alderman loannoni, that the recommendations contained in each of the reports on the consent agenda be approved. 1. F- 2005 -01, Municipal Accounts that Council approve the municipal accounts totaling $22,357,170.77 for the period November 24, 2004 to January 5, 2005; 2. L- 2005 -03, General Insurance Coverage for 2005 that the report be received for the information of Council; 3. L- 2005 -04, Niagara Catholic District School Board Conveyance from The City of Niagara Falls, Part of Lot 38, Plan 22 and Release of Easement Lots 913 and 914; Part of Lincoln Street, Part of Slater Street (5 St.); Plan 195 and Lot "A" Plan 269 1) that a triangular- shaped parcel of land being part of Lot 38, Plan 11('subject lands located on the south -east side of Lewis Avenue, shown shaded on Schedule "A" attached, be declared surplus and offered for sale to the abutting owner, -13- January 17, 2005 Council Minutes Niagara Catholic District School Board "School board for nominal consideration; that this will constitute notice to the public that at its meeting to be held on the 31 day of January, 2005 at the Council Chambers, City Hall, 4310 Queen Street, in the City of Niagara Falls at 7:00 p.m., the Council of The Corporation of the City of Niagara Falls will consider the proposed sale of the subject lands, shown shaded on Schedule "A" attached hereto, to Niagara Catholic district School Board, for nominal consideration. The contact person is the writer of this report; That Council authorize execution of a Transfer Deed of Land and any documents necessary for the purpose of transferring the subject lands, shown shaded on Schedule "A" attached hereto; 4) that Council authorize execution of an Application (General) and any documents necessary for the purpose of releasing an easement on Lots 913 and 914, part of Lincoln Street, Part of Slater Street (5` Street), Plan 195 and Lot "A Plan 269 "easement lands which are shown in heavy outline on Schedule "A" attached hereto. 4. MW- 2005 -06, Rural Drain Maintenance Strategy that this report be received for information; 5. PD- 2005 -01, Matters Arising from the Municipal Heritage Committee (MHC) Meeting that Council approve the motion of the Municipal Heritage Committee (MHC) regarding the card reader and surveillance camera at the Old St. John's Church, 3394 Portage Road; 6. PD- 2005 -06, Request for Removal of Part Lot Control; Lot 108, Registered Plan 59M -324; McGarry Drive Joseph Court (Garner Estates Phase 4); Owner: Evergreen Estates Development Ltd. that Council approve the request and pass the by -law included in tonight's agenda to designate Lot 108, Registered Plan 59M- 324, as exempt from Part Lot Control; and that the applicant be required to notify the City when the separate deeds have been registered; 7. R- 2005 -01, Winter Active 2005 that Council waive public skating fees for two (2) three (3) hour sessions to support Winter Active 2005; 8. R- 2005 -02, Niagara Falls Community Centre that Council approve the establishment of an Operations and Services Committee; that Council direct staff to prepare a by -law to establish an Operations and Services Committee; that Council dissolve the current Steering Committee that was created by Council to plan, develop, and implement the Community Centre. Carried BY -LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that leave be granted to introduce the By -laws and the By -laws be now read a first time: 2005 -02 A by -law to establish Parts 3,4 and 5 on Reference Plan 59R -12605 as a public highway, to be known as and to form part of Dorchester Road. 2005 -03 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. 2005 -04 A by -law to establish parts 4 and 6 on Reference Plan 59R -12574 as public highways, to be known as and to form part of McGrail Avenue and Ellen Avenue, respectively. -14- NEW BUSINESS January 17, 2005 Council Minutes 2005 -05 A by -law to establish parts 4 and 5 on Reference Plan 59R -11249 as a public highway, to be known as and to form part of Victoria Avenue. 2005 -06 A by -law to designate Lot 108 on Registered Plan No. 59M -324 not to be subject to part lot control. 2005 -07 A by -law to amend by -law Nos. 79 -200 and 90 -220, to remove the maximum total floor area cap for retail uses (Re: AM- 55/2004, Curtis Gail Development Corp.) 2005 -08 A by -law to authorize monies for General Purposes (January 17, 2005) 2005 -09 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 17 day of January, 2005. The motion Carried with Aldermen Campbell, Morocco, Pietrangelo declaring conflicts of interest on By -law No. 2005 -08. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that the By -law be now read a second and third time: 2005 -02 A by -law to establish Parts 3,4 and 5 on Reference Plan 59R -12605 as a public highway, to be known as and to form part of Dorchester Road. 2005 -03 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. 2005 -04 A by -law to establish parts 4 and 6 on Reference Plan 59R -12574 as public highways, to be known as and to form part of McGrail Avenue and Ellen Avenue, respectively. 2005 -05 A by -law to establish parts 4 and 5 on Reference Plan 59R -11249 as a public highway, to be known as and to form part of Victoria Avenue. 2005 -06 A by -law to designate Lot 108 on Registered Plan No. 59M -324 not to be subject to part lot control. 2005 -07 A by -law to amend by -law Nos. 79 -200 and 90 -220, to remove the maximum total floor area cap for retail uses (Re: AM- 55/2004, Curtis Gail Development Corp.) 2005 -08 A by -law to authorize monies for General Purposes (January 17, 2005) 2005 -09 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 17 day of January, 2005. The motion Carried with Aldermen Campbell, Morocco, Pietrangelo declaring conflicts of interest on By -law No. 2005 -08. Alderman Janice Wing requested that Council endorse a resolution from the Niagara Falls Citizens for Democracy, petitioning the Legislative Assembly of Ontario to take the necessary steps to make public the operating agreement between Falls Management Co., and the Ontario Lottery and Gaming Corp., ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni, that Council endorse the resolution of the Niagara Falls Citizens for Democracy that is currently before the Ontario Legislature. Carried Unanimously. Alderman Carolynn loannoni requested further information on the People Mover System issue and advised Council that she would be making a notice of motion when the ridership study came back to sell the railway line. She was advised by the Chief Administrative Officer that a meeting was to be held with the committee and the shareholders on February l', 2005 and that the matter would hopefully be coming back to Council by the end of February. Alderman Jim Diodati referred to a Niagara Falls Review article regarding duplication in the upper and lower tiers of government and suggested reducing the number of politicians at the Regional level by 50 Following some discussion, it was ORDERED on the motion of Alderman Diodati, seconded by Alderman loannoni, that a letter be forwarded to the Region and other municipalities to look at reducing the number of politicians. The motion Carried with Alderman Wing voting contrary to the motion. Alderman Vince Kerrio referred to correspondence received in the Council packages from MPP Jerry Ouelette with regard to his Private Member's Bill, the Elected Officials Immunity Act 2004. Alderman Kerrio requested that staff provide further information on the matter. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Morocco, that the matter be referred to staff. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, January 17, 2005 Council Minutes DEAN IORIFIDA,"CITY CLERK R. T. (TED) SALCI, MAYOR