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2005/07/25READ AND ADOPTED, FOURTEENTH MEETING IN CAMERA SESSION Committee Room #2 July 25, 2005 Council met on Monday, July 25, 2005 at 5:10 p.m. in an In Camera Session. All members of Council, with the exception of Mayor Ted Salci, were present. Alderman Wayne Campbell presided as Chairman. Following consideration of the items presented, the In Camera Session rose to report in open session. DEAN IORFifDA, CITY CLERK ALD. VINC REGULAR COUNCIL MEETING ADOPTION OF MINUTES i( r ACTING MAYOR Council Chambers July 25, 2005 Council met on Monday, July 25, 2005 at 7:00 p.m. for the purpose of considering Regular /Planning Business matters. All members of Council, with the exception of Mayor Ted Salci, were present. Alderman Pietrangelo offered the Opening Prayer. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the Minutes of June 27, 2005 be approved as printed. Carried Unanimously. DISCLOSURES OF PECUNIARY INTEREST Alderman Wing to cheque no. 293640 because she owns property with a Niagara Parks Commission employee. Alderman loannoni to cheque no. 293617 which was made payable to her spouse. Alderman Pietrangelo to cheque no. 293637 which was made payable to his employer. Alderman Morocco to cheque no. 293706 which was made payable to her contract employer and cheque no. 293707 which was made payable to her spouse. Alderman Campbell to cheques 292991, 292992, 293586 which were made payable to his employer. PLANNING ANALYSIS OFFICIAL PLAN 2 July 25, 2005 Council Minutes PLANNING MATTERS PD- 2005 -49 Chief Administrative Officer; Re: Official Plan Zoning By -law Amendment Applications AM- 06/2005, 3965 Oliver Street Expansion of a Dwelling Located within an Environmental Protection Area Designation and within a Hazard Land Zone. Applicant: Ralph Terrio Agent: Wayne Thomson The report recommends that Council not approve the requested amendment applications which would allow for the expansion of an existing dwelling in an Environmental Protection Area and a Hazard Land zone. The City Clerk advised that a public meeting was being convened to consider a proposed Amendment to the City's Official Plan and Zoning By -law to permit the expansion of an existing dwelling in an Environmental Protection Area and a Hazard Land zone purpose at 3965 Oliver Street. Notice was given by first class mail in accordance with the Planning Act on Friday, June 24, 2005 and by posting a sign on the property in question. Anyone who wants notice of the Passage of the Zoning By -law Amendment or to participate in any site plan process, if applicable, shall leave their name on the sign in sheets outside the Council Chamber. The Director of Planning and Development reviewed the subject property and provided the following information: The property is designated Environmental Protection Area in part, and Residential, in part. The applicant proposes an Official Plan Amendment to permit the use and the expansion of the existing building for a dwelling unit. The requested Official Plan Amendment does not meet the criteria to consider an Official Plan change as follows: Environmental Protection Areas are intended to be protected, not developed. The site of construction is located entirely within a flood plain and has potential of adversely impacting fish habitat. The OP intends that lands along the Welland River be maintained fo passive recreational pursuits. ZONING The lands are zoned Hazard Land. The application proposes to add a dwelling unit as a use in a Hazard Land zone. The zoning recognizes pre- existing dwellings, but does not allow for expansion. This zoning does not permit expansions to existing buildings in order to prohibit occupancy where there is a safety risk to the public and private property. The proposal to add 130 sq. m. (1400 sq. ft.) to create a 165 sq. m. (1777 sq. ft.) dwelling is significant and contrary to the intent of the Zoning By -law. REGION Welland River has been identified as a Type 1 Fish Habitat. A 30 m. vegetated buffer is normally required adjacent to such water courses. The addition would be constructed only 5 m. from the water course. Boat house and dwelling would be within the regulatory flood plain. New PPS states that development and site alterations shall not be permitted within a flood plain. NPCA Buildings structures within regulatory flood lines are prohibited unless approved by NPCA. NCPA noted that their regulations do not permit this dwelling due to the potential risk to life and property as well as negative impacts on the Welland River. ENVIRONMENTAL IMPACT STUDY CONCLUSION 3 July 25, 2005 Council Minutes The applicant retained a consultant (Lisa Campbell Assoc) to conduct an Environmental Impact Study. This study concluded that construction of the addition would likely result in a harmful alteration, disruption or destruction of fish habitat in the Welland River. The application to amend the Official Plan and the Zoning By -law to expand and convert the existing boat house into a dwelling cannot be supported for the following reasons: A dwelling would be created within the flood plain of the Welland River, creating a safety risk for the public and private property. Construction of the dwelling would have an adverse impact on the fish habitat of the Welland River. The NPCA and the Region do not support this application as it is contrary to their regulations and policies. Development of the Welland River waterfront for public uses such as a multi -use trail would be further compromised. The requested Zoning By -law Amendment does not meet the intent of the Zoning By -law. Acting Mayor, Alderman Vince Kerrio advised that failure to make oral or written submissions at the Public meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. There was a positive response to Acting Mayor Alderman Vince Kerrio's request for comments. Mildred Beaucock, 3917 Main Street, was concerned about the removal of trees and disturbing any wildlife in the area. She felt that there should not be permanent residential developments at the street ends. BACKGROUND July 25, 2005 Council Minutes Wayne Thomson, agent for the applicant, stated that the current condition of the property was an eyesore to the community and that what applicant was proposing would be an improvement to the property. Mr. Thomson gave a brief history of the area as far as boathouses being converted to residential dwellings and indicated that the applicant would not be building a 2 storey residence as indicated in the drawings that were submitted along with his original application but a one storey development. The agent indicated that no construction would take place near the riverbank, that mitigation measures could be taken and that there has not been any flooding on the Welland River. Since no further comments were forthcoming, Acting Mayor, Alderman Vince Kerrio declared the public meeting with regard to AM- 06/2005 closed. ORDERED on the motion of Alderman loannoni, seconded by Alderman Volpatti that the amended application be deferred to enable Council to review the proposed changes and that the amended application be re- circulated to resid ents for comment. Carried Unanimously ORDERED on the motion of Alderman loannoni, seconded by Alderman Volpatti that the related correspondences be received and filed. Carried Unanimously PD- 2005 -52 Chief Administrative Officer Re: Zoning By- IawAmendmentApplication to Recognize Existing Three -Unit Dwelling With an Accessory Detached Dwelling on the Property. AM- 17/2005, 6407 Drummond Road. Applicant: Enzo Muraca. Agent: Brian Sinclair. The report recommends that Council deny the Zoning By -law amendment application to recognize the existing four (4) dwelling units on the land; Council approve a maximum of three (3) dwelling units on the land, with two (2) dwelling units in the main dwelling; the amending by -law contain the provisions outlined in this report; and an amendment to the Site Plan Control By -law (No. 2001 -103) be passed to include the subject land as part of the site plan control area. The City Clerk advised that a public meeting was being convened to consider a proposed Zoning By -law Amendment Application to recognize an existing three -unit dwelling with an accessory detached dwelling on the property at 6407 Drummond Road. He advised that the Notice of the Public Meeting was given by Prepaid First Class mail, in accordance with the Planning Act on Friday, June 24, 2005 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 and gave the following information: Staff became aware of the existing conditions through a Fire Services Inspection conducted in March 2005. This application is intended to bring the existing use into conformity with the By -law. PLANNING ANALYSIS OFFICIAL PLAN 5 July 25, 2005 Council Minutes The property is designated Residential in the Official Plan. According to the OP lands along this part of Drummond Road can be considered for low rise apartment development up to 30 units per acre provided that adequate landscaping and parking can be provided. The four dwelling units on this property constitute a density of 23 units /acre, however, landscaping and amenity space are deficient. A reduction in the number of units on the land from 4 to 3 would reduce the parking requirements to 4 spaces, thereby freeing up space for additional landscaping and amenity space. All parking should be located in the rear yard and the front yard landscaped to be consistent with other multiple family developments in the neighbourhood. ZONING The property is zoned Residential Single Family 1E Density (R1E). This zoning does not permit four dwelling units. Both the Zoning By -law 79 -200 and the Property Standards By -law prohibit dwelling units in a cellar. Such prohibitions are intended to ensure fire safety and an adequate quality of life is provided i.e. adequate amount of light and ventilation. Planning staff cannot recommend a zoning amendment to legalize the cellar unit. A Zoning By -law amendment for 2 above ground units in the main dwelling and 1 unit in the accessory building is appropriate. Site specific zoning standards should be developed to recognize the development and provide ample landscaping and amenity space. The amending by -law should also require that all parking be contained in the back of the dwelling and the front yard restored with landscaping with a single driveway only. CONCLUSION Recognition of the existing 4 units on the property, including a cellar dwelling unit cannot be recommended for approval for the following reasons: The proposal would provide insufficient landscaping amenity space which is not in keeping with the OP and is out of character with the neighbourhood. A cellar dwelling unit is contrary to the Property Standards By -law and does not provide the quality of life envisioned in the Official Plan. Downsizing the proposal to 3 units on the property without the cellar unit should provide for a development that is in conformity with the OP and can provide landscaping and amenity space that is compatible with the neighbourhood. An amending by -law recognizing the 3 units will contain provisions recognizing the -6- July 25, 2005 Council Minutes development, restricting parking to the rear yard and providing for adequate landscaping. Site Plan Control should be provided to ensure proper site development including parking, lot drainage, landscaping and provision of road widenings. Acting Mayor, Alderman Vince Kerrio 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 Acting Mayor Alderman Kerrio's request for comments: Brian Sinclair, agent for the applicant, indicated the numerous people in the gallery supporting the application. He was of the opinion that the property might have legal non- conforming status as it was his belief that the original renovations had occurred prior to 1979. Mr. Sinclair noted the fine job that the owner had done to the property and noted that the cellar dwelling had sprinklers, gas and carbon dioxide sensors and fire extinguishers. ORDERED on the motion of Alderman loannoni, seconded by Alderman Campbell that Council approve: the Zoning By -law amendment application to recognize the existing four (4) dwelling units on the land; and the amending by -law contain the provisions outlined in report PD- 2005 -52; and an amendment to the Site Plan Control By -law (No.2001 -103 be passed to include the subject land as part of the site plan control area. Carried Unanimously ORDERED on the motion of Alderman loannoni, seconded by Alderman Campbell that the related correspondences be received and filed. Carried Unanimously PD-2005-54 Chief Administrative Officer Re: Zoning By-law Amend ment Application Proposed Expansion of Souvenir City. AM- 19/2005, 4124 May Avenue 4199 River Road Applicant: Souvenir City. Agent: Richard Baker, Baker and Elmes Architects. The report recommends that Council approve the requested Zoning By -law amendment application to incorporate lands known as 4214 May Avenue under the same site specific zoning as that which applies to Souvenir City; and prior to passage of the amending by -law, the applicant provide a traffic and parking demand study to the satisfaction of Municipal Works. The City Clerk advised that a public meeting was being convened to consider a proposed Zoning By -law Amendment Application to consider the proposed expansion of Souvenir City. He advised that the Notice of the Public Meeting was given by Prepaid First Class mail, in accordance with the Planning Act on Friday, June 24, 2005 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 and gave the following information: BACKGROUND: The retail complex known as Souvenir City was zoned by City Council in 2001. -7- July 25, 2005 Council Minutes The proposed amendment would add a 3900 sq. ft. addition to the development for storage and recycling purposes. PLANNING ANALYSIS: OFFICIAL PLAN The property is designated Tourist Commercial in the Official Plan and is part of the Whirlpool Satellite Tourist District. The property at 4214 May Avenue could be developed separately under the Tourist Commercial provisions with all parking, loading and pedestrian access functions being oriented to May Avenue. Incorporating this property into the overall Souvenir City development would assist in keeping tourist traffic off local residential streets. Approval of this proposal should be subject to a traffic and parking demand analysis to ensure that adequate parking is provided and that the development does not lead to a significant increase in truck traffic on May Avenue. ZONING The land at 4124 May Avenue is zoned TC. Applicant is requesting that the site specific provisions that apply to Souvenir City be extended to apply to 4214 May Avenue to permit this property to be used as a storage and recycling facility for Souvenir City. If the zoning amendment is approved additional provisions should be included in the by -law to reflect the building configuration and landscaping to be maintained. CONCLUSION The requested amendment can be supported since: The proposed addition conforms to the intent and purpose of the Official Plan. This proposal is compatible with adjacent residential areas. The amending by -law will place the existing Souvenir City development and the additional lands (4214 May Avenue) under a single by -law containing the same site specific provisions that apply to Souvenir City. To ensure adequate parking is provided and there are no significant increases to truck traffic on May Avenue, a parking and traffic demand analysis should be submitted to the satisfaction of Municipal Works. Acting Mayor, Alderman Vince Kerrio 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 Acting Mayor Alderman Kerrio's request for comments: Marcel LeBlanc, 4233 May Avenue, indicated that he represented a number of residents of May Avenue. He indicated that the Souvenir City development has not been too bad, however, there were still some minor concerns: May Avenue is only 20 feet wide and with no parking restrictions the road is very narrow cars parked on either side of the -8- July 25, 2005 Council Minutes street. He indicated that there has been an increase in traffic along May Avenue since Phase 1 of Souvenir City has been complete. He noted that there have been problems with the storm sewers and flooding in the area. Mr. LeBlanc indicated that parking spots initially intended for maintenance vehicles has been used for deliveries causing an increase in truck traffic. He stated that the residents of May Avenue are not opposed to Souvenir City proceeding with Phase 2 of their application as long as the concerns of the residents are dealt with. Richard Baker, agent for the applicant, gave the opinion that the proposed new configuration would help deal with any outstanding issues. He stated that the garbage is currently stored inside the building and is picked up twice a week and truck traffic, on May Avenue, is limited to small delivery vans, Purolator and Can Par. Mr. Baker indicated that they would be happy to involve the neighbours in the site plan process. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that Council approve: the requested Zoning By -law amendment application to incorporate lands known as 4214 May Avenue under the same site specific zoning as that which applies to Souvenir City; and prior to passage of the amending by -law, the applicant provide a traffic and parking demand study to the satisfaction of Municipal Works; and that the concerns raised be referred to staff and the neighbours be involved in the site plan process. Carried Unanimously ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that the related correspondences be received and filed. Carried Unanimously PD- 2005 -50 -Chief Administrative Officer Re: Zoning By-law Amendment Application Proposed New Car Agency. AM- 18/2005, 4124 7251 Montrose Road 7726 McLeod Road Applicant: Inter America Leasing Co. Inc. Agent: Joseph G.A. Colonna Architect Inc. The report recommends that Council approve the Zoning By -law amendment application to permit a new car agency on the subject land; and prior to passage of the amending by -law, a satisfactory review by the Regional Municipality of Niagara with respect to the traffic concerns and site access be completed The City Clerk advised that a public meeting was being convened to consider a proposed Zoning By -law Amendment Application to permit a new car agency on the subject lands. He advised that the Notice of the Public Meeting was given by Prepaid First Class mail, in accordance with the Planning Act on Friday, June 24, 2005 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 and gave the following information: PLANNING ANALYSIS OFFICIAL PLAN The 3 acre property is designated Major Commercial in the Official Plan and is part of the Niagara Square Retail District. -9- July 25, 2005 Council Minutes Proposal meets the intent of the OP as follows: New car agency is a small scale retail service use that will complement the commercial function of this district. New car agency is a specialized use that would not compete with Niagara Square. This site provides exposure onto major roads and highways that a new car agency needs. A new car agency will generate additional traffic and potentially will attract more people to Niagara Square. This site offers easy access to the arterial street network and the QEW without impacting on any sensitive land uses. ZONING The lands are zoned Tourist Commercial. The TC zoning was originally implemented on these lands to allow tourist operators to have easy access to the QEW. The Official Plan has since designated the lands Major Commercial to support the major retail function of Niagara Square. As the use conforms to the Official Plan, it is appropriate to site specifically amend the TC zone to add a new car agency as a permitted use. CONCLUSION The requested amendment can be supported for the following reasons: The proposed new car agency conforms with the intent and purpose of the Official Plan with respect to uses that would complement Niagara Square; and The site offers high visibility and easy access to major roads and highways which is desirable for a new car agency. The amending by -law will add the requested use to the list of uses already permitted on the property and will implement site specific landscaping and building setback requirements to reflect the proposal. Acting Mayor, Alderman Vince Kerrio 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 Acting Mayor Alderman Kerrio's request for comments: Joseph Colonna, agent for the applicant, indicated that Hamburg Honda needed to expand and that he hoped for Council's support. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni that Council approve the requested Zoning By -law amendment application to approve the Zoning By -law amendment application to permit a new car agency on the subject land; and prior to passage of the amending by -law, a satisfactory review by the Regional Municipality of Niagara with respect to the traffic concerns and site access be completed. Carried Unanimously ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni that the related correspondences be received and filed. Carried Unanimously -10- July 25, 2005 Council Minutes MISCELLANEOUS PLANNING MATTERS PD- 2005 -53 Chief Administrative Officer Draft Plan of Vacant Land Condominium, 26CD -11 2005 -02, Block 222, Registered Plan 59M -129, Montrose Road (West Side), North of Alpine Drive. Owner: Wedgewood Builders of Niagara Limited The report recommends that the Plan of Vacant Land Condominium be draft approved subject to the conditions in the attached Appendix; the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; and draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council. ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing that the recommendation report be approved. Carried Unanimously PD- 2005 -55, Architectural Peer Review. The report recommends that Council receive this report for information purposes; that this report be circulated to agencies and stakeholders for comment; and staff prepare a summary report for Council's consideration after receipt of comments. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni that Council receive the report for information purposes; and that the report be circulated to agencies, stakeholders, including the BIAs, Niagara Falls Tourism and the Chamber of Commerce, for comment; and that staff prepare a summary report for Council's consideration after receipt of comments; and that the legal opinion regarding the IBI Group be provided to Council. Carried Unanimously PD- 2005 -51 Official Plan Amendment Application, AM- 53/2004, Applicant: Victoria Centre Business Improvement Area, Agent: Italia Gilberti, Solicitor, Proposal to Eliminate Grand Boulevard. The report is for the information of Council. ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti that the report be received and filed. Carried Unanimously MAYOR'S REPORTS. ANNOUNCEMENT The Acting Mayor gave an update on the recovery of Mayor Salci. He noted that Mayor Salci is doing well and is expecting to return at the end of September. The Mayor wanted to thank the Members of Council who had stepped up to help out in his absence. COMMUNICATIONS 1. The Arthritis Society- Re: Flag Raising Ceremony requesting a flag raising ceremony in front of City Hall on Thursday, September 1, 2005 at 10:30 a.m. RECOMMENDATION: For the approval of Council. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that the request for a flag raising ceremony in front of City Hall be granted. Carried Unanimously. RECOMMENDATION: For the approval of Council. -AND Inter-Departmental Memorandum from the City Clerk. RECOMMENDATION: That the request be denied. RECOMMENDATION: For the consideration of Council. RECOMMENDATION: For the information of Council. 11 July 25, 2005 Council Minutes 2. Canadian Association of Veteran's in United Nations Peacekeeping Re: Flag Raising and Proclamation requesting that August 9, 2005 be proclaimed "Peacekeeper's Day" and that the United Nations Flag be flown on that day. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that August 9, 2005 be proclaimed "Peacekeeper's Day" and that the United Nations Flag be flown on that day. Carried Unanimously. 3. St. George Serbian Orthodox Church Re: Exception to Municipal Alcohol Risk Management Policy requesting that the Council make an exception to the City's current alcohol policy to allow for alcoholic beverage service at the Girls Home for Soccer for their Serbian North American Soccer Tournament on Labour Day weekend. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell that the request for Council to make an exception to the City's current alcohol policy to allow for alcoholic beverage service at the Girls Home for Soccer for their Serbian North American Soccer Tournament on Labour Day weekend be granted. Motion Carried with Aldermen Wing and loannoni opposed. 4. Fallsview Victoria Centre- Re: BIA Budgets- requesting that Council approve the 2005 budgets for the Victoria Centre and Fallsview B.I.A.'s, respectively. ORDERED on the motion of Alderman loannoni, seconded by Alderman Pietrangelo that Council approve the Budgets submitted for the Fallsview Victoria Centre BIA's. Carried Unanimously 5. Memo from the City Clerk Re: Bridge Diving the correspondences deal with the Regional efforts to get legislation in place to deal with bridge diving. ORDERED on the motion of Alderman Campbell, seconded by Alderman loannoni that the appropriate staff work with Ontario Power Generation and the Niagara Parks Commission concerning the erection of lifesaving devices being sponsored by Ontario Power Generation; and that Staff investigate what the municipality's liability is regarding the waterway. Carried Unanimously Prior to the next communication Acting Mayor Vince Kerrio stepped down from the chair because of a conflict. Alderman Volpatti took the chair. 6. Monticello Grille House &Wine Bar -Re: Applicant requesting that the setback standards used to permit a sidewalk cafe in a high traffic area not apply to his business. RECOMMENDATION: That the request be referred to Staff. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell that the applicants request be approved. The motion Carried with Acting Mayor Kerrio declaring a conflict. REPORTS CD- 2005 -09 Chief Administrative Officer Re: Claws and Paws Update. The report recommends that staff bring back the matter of an amendment to the Animal Control By- law (2002 -129), after the pre -trial set in August; and that, as dictated by past practice, staff advertise to the public the request of Claws Paws to amend the Animal Control By -law. Wayne Thomson, agent for Claws and Paws, addressed Council and gave his opinion that the amendment to the Animal Control By -law should be granted, that the charges against the operator had not been proven and that the owner of the property wanted to build a more permanent structure to house the cats. ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni that Council's motion of deferral from March be reconsidered. Carried Unanimously ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni that the limits on numbers of cats and dogs under the Animal Control By -law not apply to Claws and Paws and the by -law be amended accordingly. Carried Unanimously RATIFICATION OF COMMUNITY SERVICES COMMITTEE -12- July 25, 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) That the minutes of the June 27, 2005 meeting be approved as amended. 2) That a staging area be provided to Embassy Suites on the City road allowance and that the City enter into a licencing agreement. 3) That Woodbine Street be included in the 2006 Traffic Calming Program to proceed with an EA for potential traffic calming devices between Kalar Road and Montrose Road. 4) That no stopping signs be installed on Beaverdams Road between the railway tracks and a point 50 metres west of Watson Street. 5) That the recommended intersection control be installed on Garner Road at Brown Road. 6) That an all -way stop be removed at Huron Street and Ontario Avenue and replaced with a stop sign on Huron Street facing eastbound and a stop sign at the Acres Building parking facility facing westbound. 7) That staff continue its efforts to confirm that the storm drainage system, constructed for the Orchard Grove Extension Subdivision, is in accordance with the approved engineering design and undertake the necessary repairs, as required. In addition no further action be taken by City staff on Mr. Turner's additional concerns. 8) That staff be allowed to work with Copperlen on the Kalar Road Indoor Soccer Facility until a report is prepared for Council on August 8, 2005. -13- July 25, 2005 Council Minutes 9) That staff contact the Regional Municipality of Niagara and obtain additional information on how the City of Toronto is revising their recycle program and can these changes be implemented in the City of Niagara Falls. Carried Unanimously. RATIFICATION OF "IN CAMERA" ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that the actions taken "In Camera earlier this evening be approved: 1) That the closing date on the sale of the 30 acres of municipally owned property located west of Montrose Road and north of McLeod Road (Part Township Lots 163 and 170) to Villaboit Developments be extended 30 days. 2) As per s. 268(10) of the Municipal Act, Council accepts the offer from Ripleys' International and directs staff to proceed with the sale of 2 acres of industrial land (known as Stamford Pt. Twp Lot 92 being part of Part 1 on Reference Plan 59R- 11659) on Buttrey Street. 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. F 2005 32, Annual Investments Report for 2004; It is recommended that the report be received and filed for information. F- 2005 -34, Municipal Accounts; It is recommended that the report be received and filed for information. F 2005 35, Low Income Seniors' Water Rebate; It is recommended that the report be received and filed for information. FS- 2005 -06, Purchase of Symposium CAD (Computer -Aided Dispatch) System for Fire Services Communications; The report recommends that Council authorize Fire Services to purchase a new Computer Aided Dispatch System (C.A.D.) at a cost of $210,000.00 (including upgraded hardware and training capabilities). MW- 2005 -94, 2005 Crack Sealing Program; The report recommends that the unit prices submitted by the low tenderer, Road Savers 2000 Ltd., be accepted. MW- 2005- 98,Tender 2005 147-05 Watermain Replacement and Rehabilitation on Various Streets; The report recommends that the unit prices submitted by the low tenderer, Fine Grade Construction Limited be accepted. MW- 2005 -99, Tourist Area Global Parking Demand Analysis Consultant Selection; The report recommends that Totten Sims Hubicki be retained to carry out the Tourist Area parking Demand Analysis for a total not to exceed $96,000.00 excluding taxes. MW- 2005 -100, Retention of Consultant for Pollution Control Plan; It is recommended that the firm of CH2M Hill Canada Limited be retained to produce a CSO Abatement Study and -14- July 25, 2005 Council Minutes Pollution Control Plan for the City of Niagara Falls and Regional Municipality of Niagara for an upset limit of $137,616 excluding applicable taxes. The City's share of the cost for this project is 50% or $68,800 by virtue of cost sharing agreement with the Regional Municipality of Niagara. R 2005 37, Winter Ice Schedule for Municipal Arenas; The report recommends that City Council approve the Scheduled for Special Events and Regular Use of Winter Ice for the 2005- 2006 season. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti that the recommendations in the Consent Agenda be approved. Carried Unanimously BY -LAWS ORDERED on the motion of Alderman Pietrangelo, seconded byAlderman loannoni that leave be granted to introduce the by -laws and the by -laws be read a first time: 2005 -115 A by -law to authorize the execution of an Electronic Data Transfer Agreement with Her Majesty the Queen in right of the Province of Ontario as represented by the Minister of Transportation. 2005 -116 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 -117 A by -law to authorize the execution of a Funding Agreement for Infrastructure Projects with Her Majesty The Queen in Right of Ontario respecting the Ontario Municipal Rural Infrastructure Fund "COMRIF Initiative. 2005 -118 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs, Yield Signs) 2005 -119 A by -law to amend By -law No. 79 -200, to increase the maximum total floor area cap for retail uses, consolidate earlier zoning by -law amendments and minor variances granted for the land and repeal By -law Nos. 90 -152, 92 -151 and 95 -81. (AM- 09/2005) 2005 -120 A by -law to amend By -law No. 79 -200, to permit larger floor areas for certain uses. (AM- 10/2005) 2005 -121 A by -law to appoint a City Solicitor for the Corporation for the City of Niagara Falls. 2005 -122 A by -law to amend By -law No. 79 -200, to repeal By -law No. 2005 -12 and to permit a billiard hall, an office, a medical clinic, a printing shop and a dry cleaning establishment. (AM- 13/2005) 2005 -123 A by -law to amend By -law No. 2003 -16, being a by -law to establish procedures governing the sale of land by the City of Niagara Falls. 2005 -124 A by -law to establish Parts 1 and 2 on Reference Plan 59R -12757 as a public highway, to be known as and to form part of Ailanthus Avenue. 2005 -125 A by -law to authorize the payment of $18,366,716.76 for General Purposes. 2005 -126 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 25 day of July, 2005. Carried Unanimously -15- July 25, 2005 Council Minutes 2005 -115 A by -law to authorize the execution of an Electronic Data Transfer Agreement with Her Majesty the Queen in right of the Province of Ontario as represented by the Minister of Transportation. 2005 -116 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 -117 A by -law to authorize the execution of a Funding Agreement for Infrastructure Projects with Her Majesty The Queen in Right of Ontario respecting the Ontario Municipal Rural Infrastructure Fund "COMRIF Initiative. 2005 -118 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs, Yield Signs) 2005 -119 A by -law to amend By -law No. 79 -200, to increase the maximum total floor area cap for retail uses, consolidate earlier zoning by -law amendments and minor variances granted for the land and repeal By -law Nos. 90 -152, 92 -151 and 95 -81. (AM- 09/2005) 2005 -120 A by -law to amend By -law No. 79 -200, to permit larger floor areas for certain uses. (AM- 10/2005) 2005 -121 A by -law to appoint a City Solicitor for the Corporation for the City of Niagara Falls. 2005 -122 A by -law to amend By -law No. 79 -200, to repeal By -law No. 2005 -12 and to permit a billiard hall, an office, a medical clinic, a printing shop and a dry cleaning establishment. (AM- 13/2005) 2005 -123 A by -law to amend By -law No. 2003 -16, being a by -law to establish procedures governing the sale of land by the City of Niagara Falls. 2005 -124 A by -law to establish Parts 1 and 2 on Reference Plan 59R -12757 as a public highway, to be known as and to form part of Ailanthus Avenue. 2005 -125 A by -law to authorize the payment of $18,366,716.76 for General Purposes. 2005 -126 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 25' day of July, 2005. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco that the by -laws be read a second and third time and passed. Carried Unanimously City Owned Pumping Stations NEW BUSINESS Alderman Pietrangelo commented on the report from the Region regarding City owned pumping stations. He advised that he was aware that the City owns four pumping stations and that the Region operates them. The report requested that the City transfer ownership to the Region. He questioned whether the City carried a liability for the pumping stations and suggested that a report come forward from staff where if approval to transfer the pumping stations was received that the liability be transferred as well. He indicated that transferring the stations would be a great cost savings to the City. -16- July 25, 2005 Council Minutes City of Niagara Falls Address Markers Alderman Pietrangelo advised that the City of Toronto has a by -law regarding address markers, the size of house numbers and how far the address markers are set back from the property line. The Fire Chief indicated that address markers are an issue within the Fire Services, that a number of buildings and properties in Niagara Falls do not have any markers. The Chief will have Fire Prevention look into the enforcement of this issue and review a copy of the by -law from the City of Toronto. Downtown Revitalization Alderman Pietrangelo discussed the proposed plans for downtown revitalization. He indicated that a feasability study has been completed for a theater district in the downtown area. Discussion ensued regarding the City's roles and responsibilities. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti that staff seek a copy of the feasability study; and request that the proponents make a presentation to Council; and that staff report back on what the City's roles and responsibilities would be vis a vis this project. Carried Unanimously By -Law Enforcement Alderman Diodati asked about the letter from Busy Bee Caterers regarding out of town delivery trucks providing services to local businesses without a local business licence. The City Clerk outlined his response. Alderman Diodati also inquired regarding weekend by -law violations especially involving unlicensed vendors in the tourist core. He was advised that there is a weekend by -law enforcement officer in place who has been dealing with such pressing issues. Niagara on the Lake Resolution Regarding Bridge Commission Composition ORDERED on the motion of Alderman Diodati, seconded by Alderman Wing that Niagara Falls supports the resolution from Niagara -on- the -Lake which calls for a Municipal representative from each of the communities along the Niagara River to sit on the Bridge Commission, similar to the composition on the Niagara Parks Commission. Carried Unanimously Landscaping Along Hwy 420 Alderman Diodati indicated that the grass along Hwy 420 is overgrown and needs to be cut. He advised that the MTO is responsible for the maintenance of that area. He further noted that this was disappointing as that area of the 420 is the entranceway to the City of Niagara Falls. ORDERED on the motion of Alderman Diodati, seconded by Alderman Morocco that Staff contact the MTO regarding the status of the maintenance of the area and that Staff send a letter to Kim Craitor, MPP requesting his support. Carried Unanimously Free Parking for Veterans Alderman Diodati advised that in recognition of the 60 Anniversary of the end of WWII that the cities of Hamilton and Toronto are offering free parking in municipal lots to Veterans who have the poppy on their licence plate until the end of 2005. ORDERED on the motion of Alderman Diodati, seconded by Alderman Morocco that the City of Niagara Falls offer free parking at meters and in all municipal lots to Veterans who have the poppy on their licence plate, until the end of 2005; and that a letter be sent to municipalities within the Niagara Region and the Niagara Parks Commission requesting their support. The motion Carried with Alderman Wing declaring a conflict. Office Furniture for Committee Room 1 ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni that the chairs in Committee Room 1 be replaced. Strategic Plan Organizational Review Alderman Morocco brought forward a copy of a Request for Proposal from the City of Waterloo for an Organizational Review. Alderman Morocco suggested that the City of Niagara Falls use the City of Waterloo's Request for Proposal as a template for an Organizational Review Request for Proposal. Alderman Volpatti stated that she felt it was critical that the City of Niagara Falls has a strategic plan in place prior to putting forth a Request for Proposal for an Organizational Review. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell that the City of Niagara Falls defer an Organizational Review until the Corporation has a strategic plan in place. The motion Carried with Aldermen loannoni, Morocco voting contrary and with all others voting in favour. ORDERED on the motion of Alderman loannoni, seconded by Alderman Volpatti that staff arranged a strategic planning session for Council as soon as possible. Carried Unanimously ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the meeting be adjourned at 10:05 p.m. Carried Unanimously. READ AND ADOPTED, 17 July 25, 2005 Council Minutes Carried Unanimously DEAN 10 F FIDA, CITY CLERK ALD. VINC ERRIO, ACTING MAYOR