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2006/03/20FIFTH MEETING IN CAMERA MEETING Council met on Monday, March 20, 2006 at 5:15 p.m. in an In Camera Session. All members of Council, with the exception of Alderman Wing were present. Alderman Diodati presided as Chairman. Following consideration of the items presented, the In Camera Session rose to report in open session. OIA- 72C,k_ DEAN IORF A, CI CLERK R.T (TED) SALCI, MAYOR REGULAR COUNCIL MEETING Council met in Monday, March 20, 2006 at 7:50 p.m. for the purpose of considering Regular /Planning Business matters. All members of Council, with the exception of Alderman Wing were present. Alderman Joyce Morocco offered the Opening Prayer. Heather Miller, a Westlane student, sang the national anthem. DISCLOSURES OF PECUNIARY INTEREST Alderman Morocco indicated a conflict with report PD- 2006 -24 Chippawa West Phase 11 Draft Subdivision, as she owns property in the area. Alderman Kerrio indicated a conflict under Unfinished Business, Report PD -2006- 19, he is neighbours with the owners. DEPUTATIONS /PRESENTATIONS Committee Room 2 March 20, 2006 Council Chambers March 20, 2006 Niagara Alcohol and Drug Assessment Service Problem Gambling Program Lisa Root, Manager of the Problem Gambling Program informed Council of the March 2006 Campaign, Gambling Awareness Month. She informed Council that their goal is to make people aware of the risks of gambling and put the word out that there is help available. Ms. Root advised of some the upcoming events this month and also stated that this is a free and confidential service. Seat Initiative for Twin Pad -2 March 20, 2006 Mick Wolfe and Don Jackson, on behalf of the Recreation Committee, thanked Council for the opportunity to update Council. Mr. Wolfe advised that to date the committee has been able to attain $400,000 in support for the additional seats at the new arena. Mr. Jackson informed Council that the committee will do their best and continue to get donations. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that Council accept the information report with respect to the fundraising campaign and authorize the continuation of the campaign; and that Council rescind its October 3 2005 approval for 2001 seats and increase the seats in larger ice surface of the twin pad to 3,000 seats. Carried Unanimously PLANNING MATTERS PD- 2006 -21 Chief Administrative Officer: Public Meeting, Final Report on Brownfield Community Improvement Plan The report recommends that Council pass a by -law to designate the Brownfield Community Improvement Project Area as the Urban Area in the Niagara Falls Official Plan, as amended from time to time, and as contained in the Brownfield Community Improvement Plan (February 2006); and pass a by -law to adopt the Brownfield Community Improvement Plan, (February 2006) and that the Plan be forwarded to the Ministry of Municipal Affairs and Housing for approval; and that Council endorse the Brownfield Redevelopment Strategy which includes a municipal leadership strategy, due diligence procedures and funding requirements for implementation of the Brownfield CIP; and to endorse the Pilot Project Area Study for the Elgin Community Planning District. The City Clerk advised that a Public Meeting was now being convened to consider the adoption of a Community Improvement Plan for Downtown Niagara Falls. He advised that notice was given through newspaper publication in accordance with the Planning Act and by prepaid first class mail. The Clerk advised that anyone wishing to receive notice of the adoption of the Community Improvement Plan shall leave their name on the sign in sheets outside the Council Chambers. Luciano Piccioni of RCI Consulting gave a presentation and outlined that the new Community Improvement Policies in the Official Plan will enable the City to designate the entire municipality as a CI project area and identify the general areas requiring community improvement. He advised of policies and incentives in place to promote brownfield redevelopment while stressing that contaminated sites are properly remediated. He also summarized the grant programs that are available. It was announced that the City had been approved for a $1.89 million loan through the Federation of Canadian Municipalities. Mike Cushman, 6246 Arad Street, indicated that he has studied industrial pollution and the health effects for 14 years. Mr. Cushman is opposed to Federal loan approved for the City. He believes that infrastructure is a priority and questions whether brownfield sites will ever be properly remediated. Luciano Piccioni, in response, outlined the Province's record of site condition process. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco to approve the report as recommended. Carried Unanimously 3- March 20, 2006 PD-2006-24 Chief Administrative Officer: Public Meeting, Recommendation Report Chippawa West Phase II Draft Plan of Subdivision, Files: 26T -94009 (Revised) 26T- 11- 2005 -01 (Revised), Zoning By -law Amendment Application AM- 32/2005, Owner: Queensway Chippawa Properties Inc. The report recommends that the Chippawa West Phase II Plan of Subdivision be draft approved subject to the condition in the attached Appendix; and 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 that draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council; and the application to amend Zoning By -law be approved as detailed in this report to provide the necessary land use regulations to guide the development of the subdivision. The Clerk advised that a public meeting was now being convened to amend the City's By- Zoning By -law to consider Chippawa West Phase I I Draft Plan of Subdivision. He advised that Notice was given by First Class mail in accordance with the Planning Act on Monday, February 27, 2006 and to all owners of land within 120 metres of the land and also by posting a sign on the property in question. He informed that anyone wishing to receive notice of the Recommendation Report, Zoning By -law amendment shall leave their name on the sign in sheets outside the Council Chamber. The Deputy Director of Planning and Development reviewed the recommendation and provided the following information. Planning Analysis Official Plan Majority of the property is designated Residential Hunter Drain watercourse is designated Environmental Protection Area (EPA) Mix of dwelling types, lots sizes and densities is promoted by the Official Plan. Subdivision proposed a community design concept with various residential dwelling types, parkland natural areas. Single detached lots and environmental areas are located at the boundaries of the plan abutting existing single- detached uses. Townhouses apartments located along collector /arterial roads or with direct access to collector system with proximity to open space areas. Development will be compatible with the existing and future surrounding uses. Proposal is consistent with Provincial Policy Statement. OP indicates the overall net density of residential is 25 un /ha (10.1 un /ac) Development will have overall net density of 25.9 un /ha (10.5 un /ac) OP permits on- street block townhouses to a max. net density of 50 un /ha. (20.2 un /ac) Development had net density of townhouse portion at 34.3 un /ha (13.8 un /ac). Housing Mix Targets 4- March 20, 2006 Typically, target housing mix of 70% single /semi detached units 30% multiple residential units. This subdivision provides 67.6% single /semi detached and 32.4% on- street and block townhouses. Servicing There are separate sanitary and storm sewer systems in the area, however, stormwater discharges into the sanitary sewer system have historically resulted in basement flooding. The City is initiating capital works projects to identify problems and the needed system improvements. There is existing capacity in the system to accommodate an estimated 129 additional residential units. Staff recommend a condition to phase the subdivision in accordance with servicing capacity. Subdivision Design Draft Plan of Subdivision in 1996 for 216 units. Overall net density of this 1s phase is 25.7 un /ha. Applicant wishes to combine all the land into one subdivision plan. The required public meeting on the subdivision was June 27, 2005. Subdivision proposes a mix of dwelling types and lot sizes. Road pattern and lotting represents an efficient use of urban residential land. Standard lot depth of 33 m. (108.3 ft) is similar to recent plans approved in the City. Rear yards of single- detached lots abut the rear of detached lots on Lyon's Pkwy. Size of some on- street townhouse blocks are to be reduced to permit a max. 6 un /block. Block in northwest is required for emergency access for this plan secondary access to the Lyon's Pkwy Cul -de -sac. Valley land will be dedicated to the City with intention of establishing a recreational trail in the area. Cemetery land is to be buffered with the addition of the abutting land. Park and stormwater area create a large, central open space feature. Traffic impact study and traffic calming techniques are required. Fencing and sidewalks are required in accordance with standard municipal practice Zoning Amendment R3 zone provides development standards for single- detached and semi detached lots and on- street townhouse blocks. 5- March 20, 2006 Staff recommends that the requested R4 zone standards applicable to the block include a minimum amenity area of 24.6 ft at the rear of each townhouse unit. Park block, stormwater management area and small blocks at the entrances to the plan will be zoned Open Space (OS) Development Holding (DH) zone is a suitable interim category for the land southeast of the plan along Sodom Rd. The proposed revised zoning standards apply "new urbanism" principles to create a walkable community with homes closer to the street and garages set back. Lot area and lot frontage requirements are being increased for single- detached dwellings compared to the existing R3 zone. Conclusion Chippawa West Phase 11 Draft Plan of Subdivision is an appropriate development of the site. The design applies contemporary planning principles; The application is consistent with the Provincial Policy Statement and complies with the policies of the Official Plan; The recommended Zoning By -law amendment will provide suitable regulations for the construction of the dwellings and also to protect the watercourse. Recommendation It is recommended that: 1. The Chippawa West Phase II Plan of Subdivision be draft approved subject to the conditions in the attached Appendix; 2. 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 or the decision have been lodged; 3. 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; and 4. The application to amend the Zoning By -law be approved as detailed in this report to provide the necessary land use regulations to guide the development of the subdivision. Jack Appleton, 10558 Willoughby Drive, was informed that Willick Road would be upgraded in conjunction with this project. Greg Chisholm, 4855 Lyons Parkway, questioned the design of the subdivision with its intensification of townhouses. He also expressed concerns of the smaller size of the lots backing onto Lyon's Parkway. Paul Groot, 8909 Nassau Avenue, had some traffic concerns. Mr. Groot was advised that a traffic impact survey is a requirement. Terry O'Reilly, a Chippawa resident, had some concerns of how close the developer would be building to the Willick cemetery. He was advised of the buffers. 6- March 20, 2006 Mike Dill, 4694 Lyons Creek Parkway, expressed his concern with the size of the lots. Mr. Dill indicated that the way this plan is done, he would share his backyard with 2 or 3 people. He also requested a larger map with more detail. Darren Murphy, 4610 Willick Road, is currently on a septic system. He was informed that the development of this project would make access to City services possible. Darren Steedman, representing Metrus Development, advised that the staff report was very thorough and agreed with recommendations. The original plan was in 1996, the plan has been updated to reflect changes in the Provincial policy statements. There is an increase of single family dwellings from the original plan also increasing the width of units and extending the depth of lots. He outlined the phasing of the project, the internal intensification done to mitigate affects on neighbouring properties, the housing mix, the centrally located park and that a traffic study will be done, which could lead to other possible entrances into the subdivision. ORDERED on the motion of Alderman loannoni, seconded by Alderman Volpatti that the report be approved as recommended. Motion Defeated with Alderman Campbell, Diodati, Kerrio and Pietrangelo voting against and Alderman Morocco declaring a conflict. RESOLUTION NO. 02 VOLPATTI CAMPBELL- That the Council of the Corporation of the City of Niagara Fall hereby determines in accordance with Section 34(17) of the Planning Act R.S.O., that the proposed zoning by -law for Application AM- 03/2006 Canadian Niagara Hotels et al) is 'not being changed and consideration by Council does not require any further notice. Carried Unanimously UNFINISHED BUSINESS PD- 2006 -19 Zoning By -law Amendment Application, AM- 03/06, 5685 and 5705 Falls Avenue, 4608 and 4800 Bender Street and 4915 Clifton Hill; Applicants: Canadian Niagara Hotels, Maple Leaf Entertainment Inc., 1032514 Ontario Ltd., 1006092 Ontario Ltd., Modifications to Previously Approved Waterpark and Enclosed Pedestrian Bridge. The report recommends that 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 heigh 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 City 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 a Previously Approved Waterpark and Enclosed Pedestrian Bridge. Ms. Jane Pepino from Arid Berlis, agent for the applicant, reviewed the staff recommendations and was in agreement. She indicated that the requested changes are relatively minor in nature, lead to more direct walkways and are keeping with the intent of Council's earlier approval of this development. Ms. Pepino indicated that her client is committed to responding to the municipality's concerns and that the non Planning issues are appropriately dealt with in other ways. ORDERED on the motion of Alderman Morocco, seconded by Alderman Pietrangelo that the report be approved as recommended. Motion Carried with Alderman Kerrio declaring a conflict. 7- March 20, 2006 MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci advised that condolence letters were sent to the family of the late Flora Coleman who's son -in -law works in the Municipal Works department and to Karen Akula of the Arts Culture Committee, who's mother Dorothy Fraser passed away. Mayor Salci advised of some recent events: The Mayor's Youth Advisory Committee and Niagara Transit partnered to offer 25 cent bus rides to students over March break. On March 16 he attended a Leaders Encouraging Action and Progress' forum in Niagara Falls, New York and discussion surrounded the expansion of the Niagara Falls International Airport. March 10, the Mayor had the opportunity to drop the puck for the Niagara Falls Minor Hockey Association tournament. On March 11 the Niagara Falls Boys and Girls Club had a very successful "Sweep for the Kids Bonspiel Mayor Salci advised of an upcoming event, March 22n the Boys and Girls Club will be holding their 45 Annual AGM and recognition evening at their Culp St. facility. Mayor Salci informed Council that the Westlane Spartonics Robotics team that addressed Council last summer has won in the Great Lakes Regional Robotics Championship. A congratulations to the team for their outstanding performance. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. YMCA of Niagara Special Occasion permit application for a Liquor License. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Alderman Morocco, seconded by Alderman Campbell that the communication be approved. Carried Unanimously Compliance Audit REPORTS 1. Chief Administrative Officer CD- 2006 -04, Consideration of Compliance Audit Larry Savage indicated that this was not a personal vendetta against Mr. Thomson but rather he was filing on behalf of the Niagara Falls Citizens for Democracy and they would have pursued any candidate they felt engaged in illegal campaign activity. Mr. Savage pointed out that the municipality would have saved most of the expenses incurred if they would have granted the compliance audit request at the outset. Mr. Savage requested that Council forward this matter to the Provincial Crowns office for prosecution. Don DeLorenzo, representing Wayne Thomson, reviewed some of the findings of the Compliance audit. He stated that a number of the accusations made were nothing but accusations and the audit showed no truth to them. He requested that Council receive the compliance audit without taking any further legal action. ORDERED on the motion of Alderman loannoni, seconded by Alderman Morocco that Council direct the City Solicitor to forward the Auditor's Report and Findings to the Provincial Crown to make a determination as to whether there is sufficient evidence to support pursuing a prosecution under the Municipal Elections Act and to pursue a prosecution if the evidence warrants it. 0 0 N 0 N t i f6 00 -- a~ - m :? ~ ~ •E ~ ~ ~ a U ~ E o a o c ~ '~ }}} O O C W W W ~ ca c ZZZ ~ c'3 QQQ ~ ~ ~~ Oa O O ._. i Q O ~ m ~ ~ m f6 a O 'O w O Z Q O („ ) ~ m Q a m O >, n o rn >.°~ rn H ~m a mom n.c room U ao n o•~ ~ ~ ~ o•L~ a ao m N.- a.4? O•~ w CN ~ DYE c o OYO. 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(I) That the Winter Festival of Lights be approached to consider executing and providing direct coordination of the 2006 National Winter Lights Celebrations program; (ii) That Parks, Recreation Culture serve as a liaison with the Winter Festival of Lights in this program; (iii) That no funding be added to the budget, however, If donations are not as anticipated, then Council could be approached at that point. 4. That the Financial Statements for Niagara Falls Transit and Niagara Chair -A -Van be received and filed. 5. That the 2006 General Operating Budget, including the funding for the Niagara Falls Art Gallery, be approved. 6. That the 2006 Capital Projects Budget be approved. RATIFICATION OF "IN CAMERA" ACTIONS ORDERED on the motion of Alderman loannoni, seconded by Alderman Volpatti that the "In Camera" actions, earlier this evening be approved. Carried Unanimously That the Region be approached regarding legal fees associated with the OLG assessment appeal, as they have a vested interested in this tax assessment issue; and That Staff prepare a brief on the issue to be presented to i) The Minister of Public Infrastructure Renewal David Caplan, who is responsible for the Ontario Lottery and Gaming Corporation; ii) The Minister of Finance, Dwight Duncan; and iii) The Minister of Municipal Affairs and Housing, John Gerretsen; and That the Region be invited to participate in any presentation to Provincial ministers. Regarding the Niagara parks Commission assessment appeal, that staff continue to negotiate with the NPC and come back with a report at the next meeting making "public" the non privileged issues surrounding the NPC Assessment Appeal. 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- 2006 -19 Annual Statement of Remuneration and Expenses. It is recommended for the information of Council. MW- 2006 -29 Transfer of Pumping Stations, Force Mains and Properties. It is recommended that the ownership of City owned pumping stations and associated force mains be transferred to the Regional Municipality of Niagara. 10- March 20, 2006 ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati that the recommendations in the Consent Agenda be approved. Carried Unanimously ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati that a report come back on renumeration for the Niagara Falls Hydro Inc. Board. Carried Unanimously BY -LAWS ORDERED on the motion of Alderman Morocco, seconded by Alderman Campbell to allow Jean Grandoni to speak. Carried Unanimously Jean Grandoni, advised Council of her concern with the proposed by -law 2006 -56, she still disagrees with the buffer on the North and South sides of the property. ORDERED on the motion of Alderman Pietrangelo and seconded by Alderman Morocco that the by -laws be given a first reading. Carried Unanimously 2006 -56 A by -law to amend By -law No. 79 -200, to permit the development of a residential plan of subdivision on the west side of Kalar Road, south of Lundy's Lane, east of Garner Road and on the north side of the hydro corridor (AM- 27/2005, Deerfield Estates, River Realty Development (1976) Inc.). 2006 -57 A by -law to establish Parts 2 and 3 on Reference Plan 59R -12876 as a public highway, to be known as and to form part of Grassy Brook Road. 2006 -58 A by -law to establish Parts 6 and 7 on Reference Plan 59R -12876 as a public highway, to be known as and to form part of Grassy Brook Road. 2006 -59 A by -law to designate the Urban Area in the Niagara Falls Official Plan, as amended from time to time, as a Community Improvement Project Area. 2006 -60 A by -law to adopt a Brownfield Community Improvement Plan. 2006 -61 A by -law to amend the description of part of a highway previously closed by By -law No. 2005 -59 of The Corporation of the City of Niagara Falls. 2006 -62 A by -law to amend By -law No. 2005 -85, being a by -law to permit an increased building envelope and height for an enclosed water park and a series of enclosed pedestrian walkways, respectively. 2006 -63 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 20` day of March, 2006. ORDERED on the motion of Alderman Pietrangelo, seconded byAlderman Morocco that the by -laws be read a second and third time and passed. Carried Unanimously ORDERED on the motion of Alderman Diodati, seconded by Alderman loannonithat the meeting go past 11:00 p.m. Carried Unanimously Niaaara Health System ORDERED on the motion of Alderman loannoni, seconded by Alderman Volpatti that a letter be sent to the Niagara Health System requesting that the March 29` meeting be rescheduled to an evening meeting. Carried Unanimously Rain Barrels ORDERED on the motion of Alderman Diodati, seconded by Alderman Kerrio that staff advertise the sale of rain barrels at a cost of $25.00 and accept pre- orders. Carried Unanimously Mid Peninsula Corridor ORDERED on the motion of Alderman Diodati, seconded by Alderman Morocco that Joe Cousins, Niagara Region Director of Transportation Services and Peter Partington, Regional Chair be invited to a future Council meeting. Carried Unanimously ORDERED on the motion of Alderman loannoni, seconded by Alderman Kerrio that the meeting be adjourned at 11:20 p.m. Carried Unanimously 11- March 20, 2006 NEW BUSINESS DEAN IORFIp$, CITY CLERK R.T. (TED) SALCI, MAYOR