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2005/11/07TWENTY -FIRST MEETING IN CAMERA SESSION Council met on Monday, November 7, 2005 at 5:30 p.m. in an In Camera Session. All members of Council were present. Alderman Pietrangelo presided as Chairman. Committee did not rise to report. REGULAR COUNCIL MEETING ADOPTION OF MINUTES DISCLOSURES OF PECUNIARY INTEREST Committee Room 2 November 7, 2005 Council Chambers November7, 2005 Council met on Monday, November 7, 2005 at 7:00 p.m. for the purpose of considering Regular /Planning Business matters. All members of Council were present. Alderman Selina Volpatti offered the Opening Prayer. Alderman Wing indicated that the motion for the Heritage Master Plan was to receive the report. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco that the minutes of October 17, 2005 be approved, as amended. Carried Unanimously Alderman Pietrangelo indicated a pecuniary interest to cheque no. 296057 which was issued to his employer, the Catholic District School Board, also to PD- 2005 -88, as he has declared conflicts as his place of employment is adjacent to Phase 4 of Garner Estates. Alderman Morocco indicated a pecuniary interest to cheque no. 296360 which was issued to her spouse. Alderman Campbell indicated a pecuniary interest to cheque no. 296008 made out to his employer, District School Board of Niagara and Public Meeting No. 44 because of the proposed school for the subdivison. Alderman Wing indicated a conflict with two items on the Community Services Agenda, the People Mover Project and the New Year's Eve Concert as she owns property with a Niagara Parks Commission employee. Mayor Salci declared a conflict on cheque 296825, made out to him and on By -law 2005 -186 as a member of his family is on the board of the Boys and Girls Club of Niagara. St. Andrew's 150 Anniversary 2 November 7, 2005 DEPUTATIONS /PRESENTATIONS Derrick Herriott, St. Andrews Council Chair and Dr. June Mergl, Sundae in the Park, Event Coordinator made a brief presentation to Council advising of the upcoming events planned for the "Celebration 2006" in commemoration of St. Andrew's 150 Anniversary. The Sundae in the Park celebration will take place on June 11, 2006 from 12 -3 p.m. ORDERED on the motion of Alderman Diodati, seconded by Alderman Volpatti to direct staff to work with St. Andrews and offer assistance. Carried Unanimously Bill 8 Bill 123 Kim Craitor, MPP Niagara Falls, made a brief presentation to Council requesting Council's support by way of resolution for Bills 8 and 123. Bill 8 is commonly known as the Grandparents Access bill that Mr. Craitor has co- sponsored. Bill 123 is known as the Transparency Bill, which deals with greater openness for various Provincial and municipal political bodies. ORDERED on the motion of Alderman loannoni, seconded by Alderman Pietrangelo to support Bill 8 and Bill 123. Carried Unanimously Planning Analysis PLANNING MATTERS PD- 2005 -86 Chief Administrative Officer: Official Plan &Zoning By-law Amendment Application AM- 25/2004, Lyon's Creek Road, East of Montrose Road, West of the Q.E.W. and South of Rexinger Road. Applicant: Cuviello Construction Ltd. Agent: R.Brady, Urban Environmental Management Inc. The report recommends that Council approve the proposed amendments to the Official Plan and Zoning By -law for the lands located north of Lyon's Creek Road, east of Montrose Road, west of the Q.E.W. and south of Rexinger Road in order to facilitate future tourist commercial development, and an acknowledgment of the existing poultry operation north of Rexinger Road and its associated consequence of operation (e.g., odours) be registered on title as part of the site plan agreement process to protect the current and future poultry operation use. The Clerk advised that a public meeting is now being convened to consider a proposed amendment to the City's Official Plan and Zoning by -law for the lands located north of Lyon's Creek Road, east of Montrose Road, West of the Q.E.W. He advised that Notice was given by First class mail, in accordance with the Planning Act on Friday, October 7, 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 recommendations and provided the following information: The lands are designated Industrial in the Official Plan except for an area adjacent to a tributary of Lyon's Creek which is designated Environmental Protection Area. No change is proposed to the Environmental Protection Area designation. The remainder of the lands are proposed to be designated Tourist Commercial. The official plan amendment can be supported since: it is consistent with Official Plan Policy 4.2.7 which recognizes other highway interchanges for tourist commercial or highway service commercial land uses the application proposed lands uses which wither cater to the travelling public (tourist commercial) or which required high visibility locations (prestige industrial) The OP requires various impact studies to be completed prior to development. The Studies include: Tree Preservation Plan to identify and protect tree species and the ecological function of the wooded area Archaeological Assessment required by the Region Traffic Impact Study required by the MTO, City Region Storm Water Management Plan required by the City A portion of the subject lands, north of the EPA designation (watercourse) is not well suited for tourist commercial traffic. It is recommended that this area remain designated Industrial in keeping with the adjacent Industrial designation to the north. In addition a concern from a neighbouring land owner to the north regarding an acknowledgement of his existing poultry operation should be addressed through the site plan agreement process. Zoning The lands along the watercourse are to be zoned Hazard Lands. 3 November 7, 2005 The lands are currently zoned Rural, Highway Commercial and Conservation Open Space. The Rural and Highway Commercial zoning is proposed to be replaced with a modified TC zoning which will permit a selected range of tourist commercial and prestige industrial uses with the exception of the area north of the watercourse which shall be zoned industrial. The implementing by -law will be subject to holding provisions for completion of a traffic study, tree preservation plan, archaeological assessment, stormwater management plan and the availability of municipal servicing. Conclusion The proposed amendments can be supported for the following reasons: They are in conformity with the City's Planning Documents; They take advantage of the tourist traffic along the QEW; The proposed uses will be compatible with surrounding uses and will provide services for neighbouring existing uses; The development of the lands will be guided by high design standards through specific site zoning provisions; The impacts of future uses will be addressed through the studies required through the holding provisions of the implementing studies. Recommendation It is recommenced that: 1) Council approve the proposed amendments to the Official Plan and Zoning By -law for the lands located north of Lyon's Creek Road, east of Montrose Road, west of the Q.E.W. and south of Rexinger Road in order to facilitate future tourist commercial development; and 2) An acknowledgment of the existing poultry operation north of Rexinger Road and its associated consequence of operation (e.g., odours) be registered on title as part of the site 4 November 7, 2005 plan agreement process to protect the current and future poultry operation use. Jean Grandoni, Garner Road, expressed her belief that it was necessary to have a full season study. Without monitoring for a full year, environmental impacts would not be known. She felt that the report ignored the Provincial policy statements on preservation. Ms. Grandioni felt the tree preservation plan was in adequate: preserving a tree here and there is not the same as preserving a forest. Carol Johnson, 4944 Kingston Ave, Niagara Falls, advised the Council that she is not in support of this proposal but rather in support of preserving the existing forest. Lou Fiorentino, 5570 Belmont Street, stated that he has no objection to this proposal but more importantly he believes it is important for future tenants to be made aware his existing poultry business. The Director of Planning Development advised that there would be an explicit warning clause in the Site Plan identifying the poultry operation. Rick Brady, agent for the applicant, stated that the Region had supported the approach taken in the Environmental Impact Study. Current comments to the contrary were perplexing to Mr. Brady. The agent outlined the 14 foot set backs proposed and the preservation of the linear water course. It was his opinion that these measures were most important for environmental preservation. It was noted that there are three highway interchanges identified for tourist commercial activity: at Mountain Road, at Mcleod Road and, if approved, this application at Lyon's Creek. There would also be compatible prestige industrial uses at the development. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo that Council approve the report as recommended. Motion Carried with Alderman Wing opposed. PD- 2005 -85 Chief Administrative Officer: Public Meeting, Deerfield Estates Draft Plan of Subdivision, File: 26T -11- 2005 -03, Kalar Road (West Side), South of Lundy's Lane. Owner: River Realty Development (1976) Inc. The report recommends that Council consider input received at the Public Meeting and refer all matters to staff for review of the Deerfield Estates Draft Plan of Subdivision. The Clerk advised that a Council consider input received at the public meeting is now being convened to consider a public meeting He advised that Notice was given by First class mail, in accordance with the Planning Act on Friday, October 21, 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. John Mestik, representing River Realty, indicated that this was a further phase of development in the Garner neighbourhood. He indicated that there would be 236 single dwellings, 80 semis, 65 town houses, a school, a parka nd a wooded area. The application is in keeping with the Garner Secondary Plan. Jean Grandoni felt strongly that using the forest for a Park is not an option, the development is premature until at least a sub watershed study is done on Beaverdams Creek. Carol Johnson, 4944 Kingston Ave, Niagara Falls speaking on behalf of Frank Fohr expressed concern of how this trail would be accessed and what would it Zink to. Ms. Johnson felt there needs to be public access point that helps create the appropriate trail system consider. In response to a question, the Director of Municipal Works indicated that a developer has up to 2 years after sidewalks have been installed to put in trees. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni to approve the report as recommended: to refer all input received to staff for review of the Deerfield Estates Draft Plan of Subdivision. Motion Carried with Alderman Campbell declaring a conflict. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that staff come back with a report on how the City will improve roads, sewers and traffic flow patterns including instituting traffic calming measures where necessary and developing trails where possible as part of the application and approval process. Carried Unanimously Alderman loannoni vacated Chambers. 5 November 7, 2005 MISCELLANEOUS PLANNING MATTERS PD- 2005 -84 Chief Administrative Officer Regional Policy Plan Amendment No 187 "A Healthy Landscape Health Communities, Proposed New Environmental Policies for Niagara The report recommends that Council forward this report to the Region in response to their request for comments; and the Regional Planning Department be requested to revise Regional Policy Plan Amendment No. 187 to provide clarification of the policies identified in Appendix A. PD- 2005 -87 Chief Administrative Officer- The Glades Draft Plan of Condominium, Owner: Klein Building Company Limited. The report recommends that the Glades Plan of Condominium be draft approved subject to the conditions in the attached Appendix; and the Mayor or designate be authorized to sign the draft plans 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. PD- 2005 -88 Chief Administrative Officer- Request for Removal of Part Lot Control, Lots 33, 34 49, Registered Plan 59M -324, Brittany Court Garner Estates Phase 4). The report recommends that Council approve the request and pass the by -law included in tonight's agenda to designate Lots 33, 34 49, Registered Plan 59M -324, as exempt from Part Lot Control; and the applicant be required to notify the City when the separate deeds have been registered. PD- 2005 -89 Chief Administrative Officer Request for Extension to Draft Plan Approval Ascot Woods Extension 6, File: 26T-92003. Owner: Ascot Woods Limited The report recommends that Council support a one -year extension to draft plan approval for the Ascot Woods Extension 6 Plan of Subdivision, conditional on the applicant maintaining the app ropriate subdivision sign on the property for public information purposes. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio to approve the reports PD- 2005 -84, PD- 2005 -87, PD- 2005 -88, PD- 2005 -89 as recommended. Motion carried with Alderman Pietrangelo declaring a conflict on report PD- 2005-88. Alderman loannoni returned. RECOMMENDATION: For the Consideration of Council 6 November 7, 2005 MAYOR'S REPORTS. ANNOUNCEMENT Mayor Salci advised of some recent events, Oct 23r 2005 was the Casino Marathon which drew over 4,000 participants world wide, Oct.25th was the Volunteer Recognition evening, over 160 volunteers were recognized. On October 29 the Fire Station 6 celebrated it's 35 Anniversary. Nov. 4 was the Winter Festival of Lights kick -off ceremony. Nov. 6' was the Remembrance Day Service for the Legion. Mayor Salci advised of some upcoming events, Nov 8 The Boys and Girls Club of Niagara Falls will be celebrating it's 45 Anniversary. Nov. 11 there will be a Remembrance day Service at the Niagara Falls Memorial arena. Nov. 12 a time capsule will be buried at the MacBain Community Centre and Nov. 12" is the Winter Festival of Lights Veterans Day Parade. Mayor Salci congratulated Fay Starostic on her recent retirement with the City of Niagara Falls with over 30 years of service. Also, a reminder to all the members of Council about the upcoming Santa Claus Parade, Saturday, November 19" at 10:45 a.m. meeting at MacRae and Victoria Avenue. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Downtown Board of Management- requesting that Council ratify the appointment of Fayann Guilbeault as a new member to the Board. 2. Restorative Justice Week 2005 requesting that November 13" November 20 be proclaimed as "Restorative Justice Week 2005 RECOMMENDATION: For the Approval of Council 3. Youth Appreciation Week requesting that the week of November 20 -26, 2005 be proclaimed as "Youth Appreciation Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti that the Council approve the appointment of the new member to the Downtown Board of Management and that the remainder of the communications be approved as recommended. Carried Unanimously REPORTS LEGAL MATTERS L- 2005 -39 Chief Administrative Officer Nuisance By -law, File No. 2005 -311 The report recommends that a public nuisance by -law be in enacted. ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni to approve the report as recommended. Carried Unanimously 7 November 7, 2005 PARKS. RECREATION CULTURE MATTERS R- 2005 -58 Chief Administrative Officer- Addendum to Report R- 2005 -57 Selection of the Preferred Site for the Arena Complex Development Project. The report recommends that the 15 acre (6 hectares) property within the former Cytec industrial property (4001 Fourth Avenue) offered at no cost to the City from Canadian Niagara Hotels be developed as the future site for the Niagara Falls Arena Complex, subject to the following conditions being met: 1. That a satisfactory memorandum of agreement be executed between the City and the "relevant parties" including Canadian Niagara Hotels and Cytec by December 31, 2005 that defines the respective roles and responsibilities of the three parties leading to the transfer of ownership. 2. That the City receive indemnification by the appropriate party(s) (Le., Cytec and /or Canadian Niagara Hotels) from any responsibility and costs of any environmental issues that may arise from developing or using the Preferred Site. Indemnification should also be extended to cover any environmental effects /risks on the Preferred Site that may arise from adjacent lands that were used by Cytec for industrial purposes. 3. That Canadian Niagara Hotels provide to the City by September 2006, a Record of Site Condition prepared by a "qualified professional" declaring the Preferred Site as environmentally suitable for the proposed twin pad arena and ancillary uses such as parking and access roads. 4. That site specific investigations be initiated at the Preferred Site to further confirm the suitability of the Preferred Site for the proposed arena complex. The site investigations should proceed at the same time as the other recommendations in order to meet the project development schedule. 5. That the project schedule for the opening of the new Arena Complex be adjusted to reflect an opening of no later than September 2008. David Schram, consultant on the project, indicated that the St. Catharines four -pad is smaller than 15 acres, he stated that being a square piece of property, a four pad could fit on this property. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti to approve the report as recommended. Carried Unanimously PD- 2005 -83 Chief Administrative Officer Green Municipal Fund (GMF) for Brownfields Redevelopment. The report recommends that Council support an application to the Federation of Canadian Municipalities (FCM) for funding under the Green Municipal Fund (GMF) to allow for the remediation of the Cytec lands at Thorold Stone Road and Stanley Avenue and, on the granting of such application, authorizing staff to negotiate and enter into an agreement. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti to approve the report as recommended. Motion Carried with Alderman Wing and loannoni opposed. Alderman Kerrio vacated the Council Chambers. 8 November 7, 2005 RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell that the actions taken in Community Services Committee, earlier this evening be approved. Carried with Alderman Wing declaring a conflict on items #2 and #5 1. That the minutes of the October 17, 2005 meeting be approved. 2. That the Niagara Falls People Mover Project Update be received for the information of Council. 3. That an overhead flashing beacon be installed at the intersection off Beaverdams Road Beechwood Road. 4. That edge line pavement markings be applied to McLeod Road between Garner Road and Kalar Road and staff contact the Niagara Regional Police to provide additional enforcement in this area. 5. That Council contributes $100,000 per annum toward the costs of the New Year's Eve Show for the next three years pending an annual review. Funds to be drawn from the OPG Tunnel Project tourism marketing funds. 6. That staff investigates additional street lights along Beechwood Road 7. That staff investigates Employee Appreciation options. Alderman Kerrio returned. RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Alderman Pietrangelo that the actions taken in Corporate Services Committee, earlier this evening be approved. Carried Unanimously 1. That the minutes of the October 3 meeting be adopted as recorded. 2. That the following Funding Requests be referred to the 2006 Budget deliberations: Niagara Falls Board of Museums, Heart Niagara, GNGH Foundation, Niagara Falls Humane Society, Recreation Committee, Arts Culture Committee and MacBain Community Centre Tenants. 3. That the MPAC Presentation be received for information. 4. That the Niagara Falls Public Library request an increase in funding in the amount of $70,000 for the 2005 budget be approved. 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. A request was made that report MW- 2005 -129 and MW- 2005 -132 be voted on separately. 9 November 7, 2005 F- 2005 -50 Municipal Accounts. It is recommended that Council approve the municipal accounts totalling $36,995,914.89 for the period September 21 to October 25, 2005. L- 2005 -41 Release re Covenant in Site Plan Agreement Thundering Waters Gold Course. It is recommended that Council authorize execution of an Application (General) and any documents necessary for the purpose of releasing Canadian Pacific Railway Company from a Site Plan Agreement "Agreement ")dated July 21, 2005 and made between The Corporation of the City of Niagara Falls "City and The Canada Southern Railway Company "CPR and Fallsview Gold Inc. "Fallsview over the lands owned by CPR and Fallsview "subject lands MW- 2005 -128 Regional Water and Sewer Rates. It is recommended that the report be received and filed. MW- 2005 -130 Supply and Installation of Pay Display Machines. It is recommended that RFP #P50 -205 for the Supply and Installation of Pay and Display Equipment, be awarded to Electromega Ltd., at an upset limit of 330,000.00; and the Mayor and the Clerk be authorized to execute the necessary agreements. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati that the remaining recommendations in the Consent Agenda be approved. Carried Unanimously MW- 2005 -129 WeedNegetation Suppression Programlt is recommended that the City not implement a weed spraying program for City streets. ORDERED on the motion of Alderman Diodati, seconded by Alderman loannoni to refer the matter back to Staff for more information. MW- 2005 -132 Winter Maintenance Policy Plarit is recommended that Council approve the Winter Maintenance Policy Plan for the 2005 -2006 winter season. ORDERED on the motion of Alderman loannoni, seconded by Alderman Pietrangelo that the recommendation be approved. Carried Unanimously BY -LAWS Carried Unanimously The Clerk advised of an additional by -law 2005 -190 A by -law to authorize the payment of $36,995,914.89 for General Purposes. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco that leave be granted to introduce the by -laws and the by -laws be given a first reading. Carried Unanimously 2005 -178 A by -law to authorize the execution of a Condominium Agreement with Wedgewood Builders of Niagara Limited respecting West Meadow Vacant Land Condominium. 2005 -179 A by -law to establish Part 4 on Reference Plan 59R -12300 as a public highway, to be known as and to form part of Chippawa Parkway. 2005 -180 A by -law to authorize the execution of a Condominium Agreement with 1211990 Ontario Inc. Respecting Peters Dorchester Road Land Condominium. 2005 -181 A by -law to authorize the execution of a Section 37 Agreement with HOCO Limited pursuant to Section 37 of the Planning Act respecting the provision 10 November 7, 2005 of certain facilities, services and matters by HOCO Limited in return for an amendment to By -law No. 79 -200 for an increase in height to allow the development of a midway and a hotel on lands owned by HOCO Limited and located on Clifton Hill, in the City of Niagara Falls. 2005 -182 A by -law respecting the prohibition of the nuisance of controlled substance manufacturing operations. 2005 -183 A by -law to govern the execution of documents on behalf of The Corporation of The City if Niagara Falls by way of electronic registration. 2005 -184 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs, Waters Avenue and Richmond Cres.) 2005 -185 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs, Rexinger Rd. and Stanley Ave.) 2005 -186 A by -law to amend By -law No. 79 -200, to permit a recreational facility on the south side of McLeod Road, east of Garner Road (AM- 39/2004, Boys and Girls Club of Niagara). 2005 -187 A by -law to designate Lots 33, 34 and 49, Registered Plan 59M -324, not to be subject to part-lot control (Brittany Court, Garner Estates Phase 4). 2005 -188 A by -law to amend By -law No. 79 -200, to permit a midway containing mechanical and electronic amusement rides and devices and a 28- storey hotel (AM- 23/2004, .HOCO Limited). 2005 -189 A by -law to authorize the execution of an Agreement for Design Services with WalkerGroup /CNI, Inc. respecting the Downtown Strategic Implementation Study. 2005 -190 A by -law to authorize the payment of $36,995,914.89 for General Purposes. 2005 -191 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 7th day of November, 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 Property Standards By -Laws Tourism Strategic Planning Session NEW BUSINESS Discussion took place regarding the property standards bylaw, in particular the issue at the Crowne Plaza property. Staff will look into the matter. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell to have staff ensure that we are receiving the benefits of tourism to our community. Carried Unanimously It was indicated that the Strategic Planning Session will take place on Friday, December 16, 2005. ORDERED on the motion of Alderman Morocco, seconded by Alderman Wing to have staff acquire quotes for an organizational review. Alderman Campbell, Diodati, Kerrio, Pietrangelo and Volpatti were opposed. Town of Tecumseh Resolution re: Passports 11 November 7, 2005 ORDERED on the motion of Alderman Diodati, seconded by Alderman Wing to supports the resolution from the Town of Tecumseh to extend the validity of Canadian passports from five to ten years. Motion Defeated Carried Unanimously ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni that the meeting be adjourned at 10:30 p.m. Carried Unanimously TeA, c Aide DEAN IORFIOA, CIT1 -CLERK MAYOR R.T. (TED) SALCI