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2006/03/06FOURTH MEETING IN CAMERA MEETING Council met on Monday, March 6, 2006 at 5:45 p.m. in an In Camera Session. All members of Council, with the exception of Alderman Wing were present. Alderman Campbell presided as Chairman. Following consideration of the items presented, the In Camera Session rose to report in open session. ek DEAN IORFI A, CI CLERK Council met on Monday, March 6, 2006 at 7:20 p.m. for the purpose of considering Regular /Planning Business matters. All members of Council, with the exception of Alderman Wing were present. Alderman Victor Pietrangelo offered the Opening Prayer. WinterLights Celebrations REGULAR COUNCIL MEETING Samantha Hart, a St. Vincent de Paul student, sang the national anthem. ADOPTION OF MINUTES Alderman loannoni indicated that although she was absent at the last meeting she is opposed to the allocation of O.P.G. funds as outlined in the Niagara Falls Tourism budget. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Pietrangelo that the minutes of February 20, 2006 be approved as printed. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Alderman Kerrio indicated that he had a conflict on report PD- 2006 -19, he is neighbours with the owners. Mayor Ted Salci indicated a pecuniary interest to cheque no. 299293 and 299725 which were issued to himself. DEPUTATIONS /PRESENTATIONS Committee Room 2 March 6, 2006 R.T (TED) SALCI, MAYOR Council Chambers March 6, 2006 Frances Berry, Chair of the WinterLights Committee informed Council of the results of the National WinterLights Competition. She indicated that the City of Niagara Falls ranked an overall score of 91% and placed second just under St. John's, New Brunswick. On behalf Board of Museums 2- March 6, 2006 Council Minutes of the WinterLights Committee, Ms. Berry presented Mayor Salci and Alderman Volpatti with the awards that they were so honoured to receive at the 2005 awards conference. Mayor Salci thanked Council and the community for the strong support and participation that was received. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati that Council support the participation in the 2006/2007 competition and host a future awards conference in 2012. Carried Unanimously Gord West, Chair of the Board of Museums informed Council of the Museums upcoming raffle of a 1964 Mustang. Tickets will be $10.00 each or 3/$20.00 with the proceeds from the raffle benefit going towards the 1812 Bicentennial Battlefield project. The draw will be held on February 17, 2007 and only 1800 tickets will be sold. Tickets will be available at the Museum and online, www.niaoarafallsmuseum.ca. Regional Update Regional Councillor Anne Angelone provided an update on Regional activities and outlined several key projects in the Niagara Region: ongoing border issues, the Region's future expansion, the 406 /GTA corridor, the Circle Trek route and the Region's service delivery. Background PLANNING MATTERS PD- 2006 -19 Chief Administrative Officer: Public Meeting, Zoning By -law Amendment Application, AM- 03/2006, 5685 and 5705 Falls, 4608 and 4800 Bender Street, and 4915 Clifton Hill. Applicants: Canadian Niagara Hotels Inc., Maple Leak Entertainment Inc., 1032514 Ontario Ltd. 1006092 Ontario Ltd., Modifications to Previously Approved Waterpark and Enclosed Pedestrian Bridge. The report recommends that Council approve the Zoning By -law amendment application to relocate a previously approved enclosed pedestrian bridge between the new waterpark and the Skyline Inn and permit its height to be increased and to recognize design changes to the new waterpark, as outlined in this report; and pass the by -law on tonight's agenda to implement the above noted recommendation. The Clerk advised that a public meeting was now being convened to consider an amendment to the City's Zoning By -law for the modifications to Previously Approved Waterpark and Enclosed Pedestrian Bridge. He advised that Notice was given by First class mail in accordance with the Planning Act on Tuesday, February 14, 2006 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. Last year, Council passed By -law No. 2005 -85m, which permits the development of a waterpark on top of an existing parking garage and a series of elevated pedestrian walkways between the waterpark and the applicant's existing hotels. he applicant wishes to relocate the proposed enclosed pedestrian bridge to the Skyline Inn in a northerly direction (from immediately above the Casino Niagara entrance to the north Zoning end of the water park) and increase its height by up to 10m. (33ft.) In addition, minor design changes to the waterpark involving the construction of ledges around the perimeter of the waterpark to contain snow falling ice are to be recognized. Planning Analysis Official Plan Conclusion 3- March 6, 2006 Council Minutes The property is designated Tourist Commercial in the Official Plan. Hotels and ancillary uses such as the waterpark and walkways are permitted uses. The addition of a ledge around the perimeter of the water park is intended to sustain snow and ice from falling off the waterpark dome. This design change complies with the intent of the City's urban design guidelines. The enclosed pedestrian walkway does not impact on surrounding land uses by virtue of its limited mass. The height of the walkway will be increased by up to 10m. (33') but will taper down as the walkway approaches the Skyline Inn. The zoning by -law on tonight's agenda will amend By -law No. 2005 -85 to reflect the addition of the snow ledge to the waterpark design and the relocation and increased height of a proposed walkway between the waterpark and the Skyline Inn. This revision to the by- law is technical and is accomplished by replacing Schedules 2 and 3 to By -law No. 2005- 85, which identifies the location and heigh of the waterpark and walkways. The requested changes to the waterpark and one of the proposed walkways are technical in nature and are in keeping with the intent of Council's earlier approval of this development. The amending by -law on tonight's agenda implements the proposed changes to the waterpark and the proposed walkway. Recommendation: It is recommended that: 1) Council approve the requested Zoning By -law amendment application to relocate a previously approved enclosed pedestrian bridge between the new waterpark and the Skyline Inn and permit its height to be increased and to recognize design changes to the new waterpark; and 2) Pass the amending By -law on tonight's agenda to implement the above noted recommendation. Mayor advised that failure to make an oral or written submission at this Public Meeting could result in the Ontario Municipal Board dismissing any referral it receives if the party has not made an oral or written submission at the Public Meeting. Emilio Raimondo, agent for the applicant, outlined the few changes that had been made from the original plans that allow greater sight lines. He indicated the waterpark development and pedestrian walkway is part of a greater master plan which involves the Casino Niagara site. The pedestrian bridge and waterpark will only add to the area, making it an upscale site. Background 4- March 6, 2006 Council Minutes It was indicated that a failure to comply order has been issued on this site for a failure to apply for a building permit. ORDERED on the motion of Alderman loannoni, seconded by Alderman Campbell that the report be deferred. Motion Carried with Alderman Pietrangelo opposed and Alderman Kerrio declaring a conflict. ORDERED on the motion of Alderman loannoni, seconded by Alderman Campbell that staff comes back with a report from Building By -law Services on the history of non- compliance related to the project. Carried Unanimously with Alderman Kerrio declaring a conflict. PD- 2006 -13 Chief Administrative Officer: Public Meeting, Proposed Official Plan Amendment No. 62, Section 37 Public Benefit Exchange for Increased Height and Density The report recommends that Council adopt the proposed Official Plan amendments and that they be forwarded to the Region for approval. The Clerk advised that a public meeting was now being convened to consider the Proposed Official Plan amendments No. 62. He advised that Notice was given through newspaper publication in accordance with the Planning Act and by prepaid first class mail on February 3, 2006. The Clerk informed that anyone wishing to receive notice of the Passage of the Official Plan Amendment shall leave their name on the sign in sheets outside the Council Chambers. The Director of Planning and Development reviewed the recommendation and provided the following information. In May 2004, Council adopted the Tourism Policy Review Implementation Handbook, prepared by the IBI Group. IBI recommended the use of Section 37 of the Planning Act to secure public benefits in exchange for increases in building heights above 30 storeys. On July 12, 2004, Council adopted a financial contribution formula as proposed by IBI for the purpose of calculating the value of the public benefits to be received in exchange for authorizing additional development potential. Council directed the following: That the capital facilities contribution goes toward facilities that benefit the entire community and for other capital facility objectives set out in the OP That cash contributions be directed to the provision of capital facilities and not operating expenses; and That the Planning Director make suggestions respecting the allocation of monies with the final decision at the discretion of Council. Based on Council's directions and input received from outside legal Counsel, staff prepared a report dated Sept. 19, 2005 recommending the formal adoption of a Section 37 bonusing policy for high rise developments in excess of 30 storeys. The report was deferred by Council to permit additional time for public comment. Comments on the proposed amendment were received from the Victoria Centre and Fallsview BIA's. The BIA's were concerned about the policy being applied equitably to all developers. Staff met with representatives of the BIAs to explain the bonusing policy and Conclusion 5- March 6, 2006 Council Minutes to confirm that all development will be subject to same. Planning Analysis Tonight's public meeting provides a further opportunity for public comment. Essentially, the proposed amendments to the Official Plan set out Council's intent to permit increases in building heights and densities in excess of 30 storeys in exchange for public benefits. The amendments establish a policy framework pursuant to section 37 of the Planning Act, which authorize Council to seek capital facility contributions from developers in exchange for building height increases above the maximum prescribed in the Official Plan. Staff is recommending adoption of the proposed amendments to the Official Plan respecting the utilization of Section 37 bonusing. The amendments will provide the development community clarity on Council's intent regarding the application of bonusing. Recommendation It is recommended that Council adopt the proposed Official Plan amendments and that they be forwarded to the Region for approval. Mayor advised that failure to make an oral or written submission at this Public Meeting could result in the Ontario Municipal Board dismissing any referral it receives if the party has not made an oral or written submission at the Public Meeting. In response to questions it was noted that section 37 does not permit the "buying" of density. Any s. 37 projects must meet good planning principles. Section 37 agreements have to be passed prior to zoning by -law amendments for the specific project being approved. Also, it was pointed out that developments between 4 and 30 storeys have to provide streetscape improvements. Italia Gilberti, Solicitor, requested that the report be deferred until staff brings the Implementation Handbook before Council. ORDERED on the motion of Alderman loannoni, seconded by Alderman Kerrio that the report be deferred. Motion Carried with Alderman Volpatti and Morocco opposed. MISCELLANEOUS PLANNING MATTERS Chief Administrative Officer PD- 2006 -16, Adoption of the (Tourist Area) Implementation Handbook as an Appendix to the Official Plan The report recommends that Council receive this report for information purposes. ORDERED on the motion of Alderman loannoni, seconded by Alderman Kerrio to receive and file the report. Carried Unanimously Chief Administrative Officer PD- 2006 -15, Architectural Peer Review, Response to Comments The report recommends that Council adopt the recommendations contained within the report. 6- March 6, 2006 Council Minutes ORDERED on the motion of Alderman loannoni, seconded by Alderman Pietrangelo that the report be deferred to come back at the same time as the reports on Section 37 and the Implementation Handbook. Carried Unanimously Chief Administrative Officer PD- 2006 -20, Lotting Adjustment, Woodlot Deerfield Estates Draft Plan of Subdivision. File: 26T -11- 2005 -03 (Revised) Owner: River Realty Development (1976) Inc. It is recommended that Council receive the report for information. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati that the report be approved as recommended. Carried Unanimously MAYOR'S REPORTS. ANNOUNCEMENTS Mayor Salci advised of some of recent events: A very successful Tender Wishes 20 Anniversary which was held at Club Italia, the Chamber of Commerce business achievement awards and the Bi- National Tourism Alliance. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Sci -Tech Ontario Re: Youth Science Month requesting that March 2006 be proclaimed as "Youth Science Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Alderman Kerrio, seconded by Alderman Morocco that the communication be approved. Carried Unanimously RATIFICATION OF "IN CAMERA" ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo that the "In Camera" actions, earlier this evening be approved. Carried Unanimously Regarding the Kalar Road Indoor Soccer complex, that the deadline for the Memorandum of Understanding with Copperlen be allowed to lapse; and that staff report back on the next steps to be taken. Regarding the Compliance Audit of Wayne Thomson's Election Statement, that Council receive the compliance audit report, with a decision to be made at the March 20 2006 Council meeting regarding action to be taken. 7- March 6, 2006 Council Minutes 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. CD- 2006 -03 Interim Revenue Model for Pooling Bingo Halls. It is recommended that the City of Niagara Falls approve the implementation of the interim revenue model for the Delta Monte Carlo, as requested by the Delta Monte Carlo Sponsors' Association and that the City of Niagara Falls shall complete the documentation required in accordance with the Alcohol and Gaming Commission of Ontario (A.G.C.O.) requirements. F- 2006 -18 Municipal Accounts. It is recommended that Council approve the municipal accounts totalling $17,609,420.83 for the period January 25, 2006 to February 22, 2006. L- 2006 -04 Release of Restrictive Covenants 4417 -4425 Kent Avenue, Niagara Artcraft Woodwork Company, File No.: 2005 -396. It is recommended that execution of an Application To Delete Restriction and any documents necessary for the purpose of releasing restrictive covenants registered against Lot 25 Plan 160 Stamford "subject lands are hereby approved and authorized. MW- 2006 -26 Assumption of Various Subdivisions. It is recommended that the City formally assume the Plans and Subdivisions listed in this report. MW- 2006 -27 Cathodic Protection of Watermains 2006 164 -06 Contract Award. It is recommended that the unit prices submitted by the low tenderer, 1460973 Ontario Limited O/A C.P. Systems, be accepted. R- 2006 -09 Winter Active 2006. It is recommended that Council waive public skating fees for two (2) skating sessions, each being two (2) hours in duration to support Winter Active 2006. R- 2006 -10 Donor Recognition Agreement with Casino Cares for MacBain Community Centre. It is recommended that Council authorize the Mayor and City Clerk to act on behalf of the City in executing a donor recognition agreement between the City of Niagara Falls, the YMCA of Niagara and Casino Niagara. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Campbell that the recommendations in the Consent Agenda be approved. Carried Unanimously BY -LAWS ORDERED on the motion of Alderman Pietrangelo and seconded by Alderman Diodati that the by -laws be given a first reading. Carried Unanimously 2006 -50 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. Parking Prohibited, Heavy Vehicle Restriction) 2006 -51 A by -law to amend By -law No. 79 -200, to permit a clinic. 2006 -52 A by -law to authorize the execution of a Charitable Donation /Naming Rights Agreement with Falls Management Company, The Cares Foundation of Niagara Fallsview Casino Resort, Casino Niagara and the YMCA of Niagara, respecting a donation to the YMCA of Niagara as a capital contribution to the development and construction of the MacBain Community Centre. Stamford Collegiate /N.F.C.V.I. Transit 8- March 6, 2006 Council Minutes 2006 -53 A by -law to establish Block 104 on Registered Plan 59M -338 as a public highway, to be known as and to form part of St. Michael Avenue. 2006 -54 A by -law to authorize the payment of $17,609,420.83 for General Purposes. 2006 -55 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 6 day of March, 2006. ORDERED on the motion ofAlderman Morocco, seconded by Alderman Pietrangelo that the by -laws be read a second and third time and passed. Carried Unanimously NEW BUSINESS Alderman Campbell informed Council that Stamford Collegiate will be celebrating its 150 Anniversary in May 2007, there will be a Stamford/ NFCVI Football Reunion (1957- 1989) and a fundraising dinner on Saturday, March 25' at the Optimist Hall, with all proceeds going to a the Stamford Fitness centre. Alderman loannoni requested information on the composition of Transit regarding Council representation on the Niagara Transit Commission. Mayor Salci indicated that the Transit Annual report would be brought to the next meeting. Gas Prices Alderman Diodati informed Council that he was pleased to see that the gas prices in Niagara Falls have been comparable to other cities and hopes this will continue. Fair Taxation ORDERED on the motion of Alderman Diodati, seconded by Alderman loannoni to support the initiative of the Region. Carried Unanimously ORDERED on the motion of Alderman Diodati, seconded by Alderman Pietrangelo to refer to staff to come back with a report similar to the one done in the Town of Niagara on- the- Lake. Carried Unanimously Mid Peninsula Corridor ORDERED on the motion of Alderman Diodati, seconded by Alderman Pietrangelo that a letter be sent to the Region indicating that Niagara Falls City Council is not in favour of the Corridor. Motion Carried with Alderman loannoni and Alderman Morocco opposed. ORDERED on the motion of Alderman Diodati, seconded by Alderman Volpatti, that the MTO be notified of Council's interest that Go Rail Service concurrent with the Q.E.W. be identified as a priority within the Mid Peninsula Corridor EA and if it is decided to build the Mid Peninsula Corridor that Niagara Falls have a direct link. Also, that the most recent Regional Transportation Committee minutes be brought to Council. Carried Unanimously ORDERED on the motion of Alderman Kerrio, seconded by Alderman loannoni that the meeting be adjourned at 9:35 p.m. Carried Unanimously DEAN IORF A, C TY CLERK 9- wG- 1/ -Jam March 6, 2006 Council Minutes R.T. (TED) SALCI, MAYOR