2006/04/03SIXTH MEETING
REGULAR COUNCIL MEETING
Council met in Monday, April 3, 2006 at 7:25 p.m. for the purpose of considering
Regular /Planning Business matters. All members of Council, with the exception of
Alderman Wing and Volpatti were present. Alderman Jim Diodati offered the Opening
Prayer.
Annalisa Crisostomo, an A.N. Myer student, sang the national anthem.
ADOPTION OF MINUTES
Alderman Diodati indicated that on the March 6 minutes, under new business, Mid
Peninsula Corridor, it be added that if the Corridor is to be built that Niagara Falls have a
direct link to it.
The Clerk advised that report F- 2006 -19 Annual Statement of Remuneration and
Expenses has a change with Alderman Morocco's total expenses being $21,796.05. An
updated report will be in the next package.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati
that the minutes of March 6 2006 and March 20 2006 be approved as amended.
Carried Unanimously
DISCLOSURES OF PECUNIARY INTEREST
Council Chambers
April 3, 2006
Alderman Diodati indicated a pecuniary interest to cheque no. 300169 which was
issued to himself.
Alderman Pietrangelo indicated that he had a conflict on report PD- 2006 -30, a
member of his family has land near it.
Alderman Morocco indicated a pecuniary interest to cheque no. 300342 which was
issued to herself.
Alderman Kerrio indicated a conflict on the Union Marsh Drain and proposed bylaw
as he owns property in the area.
Alderman Campbell indicated a conflict to the Education Month deputation, as the
District School Board is his employer.
Education Month
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DEPUTATIONS /PRESENTATIONS
Lou Vescio, Principal and Winnie Chan a student of A.N. Myer Secondary School advised
that the school's mission is "Achieving Success Together Although Education Month is
celebrated in April, it occurs 10 months a year in the DSBN. Shelley Fehrman, Principal
and Adam Kirkby, student at Orchard Park Public School made a presentation on activities
that take place at Orchard Park School.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco
that April be declared as "Education Month" in the City of Niagara Falls.
Carried Unanimously
Earth Dav Green Expo
Frank Fohr and Pat Mascarin volunteers of the Park in the City Committee informed
Council of the 1' Annual Earth Day Green Expo taking place on Saturday, April 22, 2006
at the MacBain Community Centre. They outlined the various earth week activities and
extended an invitation to the Mayor and Council to attend.
Social Services in Niagara
Brian Hutchings, Commissioner, Community Services at the Region, made a power point
presentation on the various services offered under the Community Services division at the
Region such as Seniors' services, Children's services, and Social Assistance.
PLANNING MATTERS
PD- 2006 -23 Chief Administrative Officer: Public Meeting, Zoning By -law
Amendment Application, AM- 04/2006, 4637 Ellis Street. Applicants: Ching -Shieh
Hsiao Li -Li Chu, Proposed 3- Bedroom Bed and Breakfast
The report recommends that Council approve the requested Zoning By -law
amendment application to permit the existing single detached, two- storey dwelling at 4637
Ellis Avenue to be used as a tourist home (bed breakfast accommodation) containing no
more than three bedrooms for tourists.
The Clerk advised that a public meeting was now being convened to consider a
zoning by -law amendment for a proposed 3- bedroom bed and breakfast. He advised that
Notice was given by First class mail in accordance with the Planning Act on Friday, March
3, 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, shall 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.
Planning Analysis
Official Plan
The property is designated Residential in the Official Plan.
The predominant use of land in residential areas designated Residential is for dwelling
units, however, bed and breakfast accommodations within owner occupied homes are
permitted if they are compatible with a residential neighbourhood.
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Establishment of these facilities is to be regulated as to their location, size and traffic
generation to minimize potential disturbance to adjacent properties and to protect the
character and identity of the overall neighbourhood.
The proposed B &B conforms to the OP as follows:
Traffic generated by a 3 bedroom B B should be similar to a single detached
dwelling and parking on -site can be accommodated.
The property is adequately landscaped and has sufficient amenity space and
opportunity for parking in the rear yard of the property.
The location of the property provides for convenient vehicular access to the tourist
areas.
Zoning
The property is zoned Residential Single Family and Two Family (R2).
The R2 zoning is requested to be amended site specifically to permit the existing dwelling
to be used as a tourist home containing up to 3 bedrooms for tourists.
No exterior changes to the building are proposed.
The dwelling would continue to conform with the intent of the existing zoning and would be
maintained in a manner that is appropriate with the residential neighbourhood.
Conclusion
The requested amendment can be supported for the following reasons:
The proposal is within the intent and purpose of the Official Plan respecting bed
and breakfast accommodations.
There is sufficient lot area for parking and amenity space.
The residential character of the property will be maintained.
Recommendation
It is recommended that Council approve the requested Zoning By -law amendment to
permit the existing single detached, two story dwelling at 4637 Ellis Ave. to be used as a
tourist home bed and breakfast accommodation) containing no more than 3 bedrooms
for tourists.
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.
Warren Shea, 4634 Ellis Street, wanted to make it clear that he his not opposed to
this proposal, he wishes the applicant well. Mr. Shea's only concern was with the size of
the sign for the bed and breakfast. Mr. Shea was advised that the Bed and Breakfast signs
are usually on the smaller side and will not be overpowering to the area.
Chris Cristelli, Agent for the applicant, indicated that he agreed with the staff report
and was in favor with the recommendation made.
Mayor Salci declared that the Public Meeting with regard to AM- 041/2006 is closed.
ORDERED on the motion of Alderman Diodati, seconded by Alderman Pietrangelo
that the report be approved as recommended. Carried Unanimously
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Council Minutes
PD- 2006 -22 Chief Administrative Officer: Public Meeting, Zoning By -law
Amendment Application, AM- 02/2006, 5525 Victoria Avenue, 5486 and 5492 Union
Street and 4858 Kitchener Street. Applicant: 1397878 Ontario Limited (Inn by the
Falls) Agent: Rick Brady, Proposed 7- Storey, 108 Room Hotel.
The report recommends that Council approve the Zoning By -law amendment
application to permit a 7- storey, 108 -room hotel and to exclude the requirement for a
dining room, subject to the standards outlined in this report and the applicant entering into
a Section 37 agreement to secure streetscape improvements.
The Clerk advised that a public meeting was now being convened to consider an
amendment to the City's Zoning By -law to permit a 7- Storey, 108 Room Hotel. He advised
that Notice was given by First class mail in accordance with the Planning Act on Friday,
March 3, 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, shall 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.
Planning Analysis
Official Plan
The property is designated Tourist Commercial in the Official Plan.
The low rise hotel is similar in height and scale to the Hampton inn and Days Inn to the
south.
It provides an appropriate addition to the Victoria Ave. corridor and will provide a transition
from potential high rise developments to the east of Victoria Avenue.
The retention of a portion of the existing 3 storey motel on the west side of the site will
provide a further transition to the non commercial uses to the west of Union Ave.
Given that a portion of the site was formerly used for a gas bar and service station, the OP
requires that environmental studies be undertaken to the satisfaction of the City and the
Province and that the site be decontaminated, if necessary, prior to reuse. The applicant
has provided the necessary studies to demonstrate that the site has been decommissioned
in accordance with provincial regulations.
The OP permits buildings up to 30 storeys high on the lands, subject to a series of built
form criteria which are further detailed in TADS related implementation handbook.
The proposal is consistent with the applicable design criteria of the Tourist Area
Development Strategy (TADS) and the Policy Review Implementation Handbook.
The proposed hotel meets the applicable design criteria as follows:
Dimensions and floor area of the hotel tower (above the 4 storey podium) are well
below the maximum permitted by the design guidelines.
The siting of the hotel creates a strong presence along Victoria Avenue frontage,
meeting the build -to street frontage requirements.
Setbacks above the podium provide a reduction in massing for the hotel tower;
The setbacks required for the hotel tower are provided from Victoria Ave and
Hunter Street. Although the northerly side yard setback for the hotel tower is below
that normally required by the guidelines (6m or 20 ft versus 12m or 40ft), this is
acceptable given the modest height of the hotel and should not impact on the
abutting streets and properties.
Zoning
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The rooftop parapet wall will add an interesting feature to the hotel. At the site
plan stage, the further articulation of this roof feature will be encouraged.
Lands are zoned Tourist Commercial (TC) in part and site specific Tourist Commercial (TC-
5) in part.
Zoning of the land is requested to be changed to a new site specific TC zone to
accommodate the proposed development which is 26.5m. (87ft) in height and excludes a
dining room, and to recognize the portion of the existing motel that is to be retained.
The existing zoning restricts the buildings to 12m. (40ft) in height, the equivalent of a 4-
storey building. An increase in height is being sought to accommodate the proposed 7-
storey hotel.
Zoning By -law 79 -200 requires hotels to provide a dining room and to provide parking at
a ratio of 1 pkg space per 10 seats of occupancy in a dining room. The applicant is
requesting relief from these provisions as they do not intend to provide a dining room or
restaurant that will be open to the public.
The applicant is proposing to provide a breakfast area for hotel guests only. This
recognizes the trend with more basic hotels.
Staff finds this change will not diminish the hotel function of the building.
Similar requests have been granted by Council for other hotels where full service
restaurants are available nearby.
The applicant will be required to enter into a Section 37 agreement to contribute to street
scaping. A section 37 agreement is required for all developments in excess of 4 storeys.
Agreements are to be secured up front, prior to the passage of the amending by -law and
require a cash contribution for the streetscape works.
Alternatively, the owner may be authorized to undertake the streetscape works in
accordance with the Streetscape Master Plan if it will not interfere with the City's staging
of these improvements.
A cash contribution or letter of credit is to be provided prior to building permit issuance to
secure the improvements.
Though recent streetscaping works on Stanley Ave. and Fallsview Blvd last year, the cost
of the required streetscaping was determined to be $900 per linear meter.
The cash contribution for the Victoria Ave streetscape works would be approx. $80,000.
This figure should be adjusted for 2006 in line with the CPI to account for inflation.
Streetscape Master Plan does not provide any details of improvement for other streets
abutting the property.
Conclusion
The application can be supported for the following reasons:
The proposed height of 7 storeys is within the height strategy for the area.
The provision of ample setbacks, a reduction is massing above the 4- storey
podium and a roof feature is in keeping with the design criteria for high -rise
buildings and will provide for a high quality development along an important
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Council Minutes
entrance corridor.
The siting of the building along Victoria Ave. will provide a strong presence to this
street frontage and retention of the motel will provide a low -rise transition to nearby
non residential properties.
The proposed zoning will regulate the developments in accordance with the proposal and
will restrict use of the breakfast area for guests only.
Streetscaping along abutting street frontages will be secured through a Section 37
agreement to be executed prior to passage of the amending by -law.
Recommendation
It is recommended that Council approve the Zoning By -law amendment application to
permit a 7- storey, 108 -room hotel and to exclude the requirement for a dining room,
subject to the standards outlined in this report and the applicant entering into a Section 37
agreement to secure streetscape improvements.
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.
Mr. William Slovak, Solicitor, representing St. Paul's Evangelical Lutheran Church,
indicated that they do not oppose this proposal in principal but have a few concerns: Mr.
Slovak indicated that the Church currently has an agreement with the applicant for parking
on the west side because of an elevator located in the church which allows the elderly and
handicapped to be dropped off near the entrance. This proposal would mean that the
hotel would not have additional parking to spare for the Church. Mr. Slovak questioned
buffering, landscaping, road widenings and shadow studies.
The Director of Planning Development indicated that because the hotel was only
10 storeys there would be no shadowing concerns. The proponent is contemplating buying
Union Avenue. If the purchase occurs there may be more opportunity for parking and
buffering. It was noted that the fewer driveways the better and that the ingress and egress
in the plan would be on the side streets allowing for more of a pedestrian orientation on
Victoria Avenue. The Director of Municipal Works noted that regardless of the entrances,
because the church has frontage on Victoria Avenue, they can not be denied access via
Victoria Avenue. Also, road widening would only occur in front of the Church if the Church
was being redeveloped.
Mary Jane Doman, Pinegrove Avenue, is a wedding coordinator who has many
weddings at the Church. She stressed the importance of the elevator and the current
access. She handed Council a petition with approx. 75 names of residents concerned with
the access being taken away.
Rocky Vacca, lawyer for the applicant, advised that his client is aware of the
church's concerns. Many of the concerns can be dealt with during the site plan process.
Currently, the church uses 5 spots on the hotel's parking lot; however, with the expansion
there will no longer be surplus parking available.
Rick Brady, Planner for the applicant, talked of possible stacking on the church
property. Pastor Willick of the Church did not think the stacking was feasible.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Kerrio that
the report be approved as recommended and that the Church be contacted with respect
to the possibility of purchase of the Union Avenue property.
Carried Unanimously
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Council Minutes
PD- 2006 -26 Chief Administrative Officer: Public Meeting, Zoning By -law
Amendment Application, AM- 01/2006, 5720 Dorchester Road 6859 High Street.
Applicant: Niagara Orchard Church, Agent: Mark Hicks, Dickinson and Hicks
Architects. Expansion of a Church Parking Area and Storage Facility into a
Residential Zone
The report recommends that Council approve the Zoning By -law amendment to
permit the use of land known as 6859 High Street as a parking area in conjunction with the
church at 5720 Dorchester Road, subject to the garage on 6859 High Street being
removed to provide four additional parking spaces; and the amending by -law not be
passed until the applicant has entered into a site plan agreement with the City to address
the required site works; and interested residents be invited to be involved in the site plan
review process; and comments with respect to parking restrictions on High Street be
referred to Traffic and Parking Services for further review.
The Clerk advised that a public meeting was now being convened to consider an
amendment to the City's Zoning By -law for the Expansion of a Church Parking Area and
Storage Facility into a Residential Zone. He advised that Notice was given by First class
mail in accordance with the Planning Act on Friday, March 3, 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 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 provided
the following information:
Background
Niagara Orchard Church has requested a zoning amendment to By -law 79 -200 for two
parcels of land. One parcel contains a church and the other parcel contains a single
detached dwelling and garage.
The church proposes to demolish the dwelling on Parcel 2 and convert the majority of the
parcel into a parking area for the church. The existing garage is to be maintained and used
as a storage facility for the church.
The proposal generally involves a modest expansion of an ancillary use in a residential
area that meets the intent of the Official Plan, provided the use of the property is limited
and required site works are secured by an agreement.
Neighbourhood Meeting
The church held a neighbourhood meeting on February 13, 2006 and the residents raised
the following concerns:
The initial proposed use of the garage at 5849 High St. as an office;
The proposal to maintain the garage and use it for storage;
The use of the church for a hostel, shelter, private school, soup kitchen or halfway
house;
On- street parking;
Impacts of drainage from the new parking lot on abutting properties and streets;
Lights disrupting the neighbourhood;
Fencing needed along the northerly property line;
Screening of mechanical roof type equipment;
Parking restrictions needed along High St. to deal with parking overflow from
restaurants on Lundy's Lane.
In response to the residents' concerns, the applicant abandoned their proposal to use the
garage as an office and a depot for emergency supplies. The Church has no intention of
using the property for a hostel, shelter, private school, soup kitchen or halfway house.
Planning Analysis
Official Plan
The property is designated Residential in the Official Plan.
Residential dwellings are intended to be the predominant use.
A variety of ancillary uses including churches and community facilities are permitted
provided they are compatible with the surrounding residential uses.
The church has existed in this location for many years. A degree of land use compatibility
between the church and the surrounding residential area has evolved over the years
because it fronts onto Dorchester Rd. High St. has historically been subject to overflow
parking for the church during Sunday services or major church functions.
As the church is in need of additional parking, staff recommends the garage be removed
and replaced with parking spaces. This would enable 4 additional parking spaces without
impacting on the landscaping needed to buffer nearby residences.
Zoning
Conclusion
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Parcel 1 is zoned Institutional (I) and Parcel 2 is zoned Residential Single Family 1E
Density (R1E).
A site specific I zone is requested to be placed over both parcels to allow Parcel 2 to be
used in conjunction with the church and to regulate its future use.
To control the extent of the uses and address the concerns of the neighbourhood the
amending by -law should contain the following provisions:
Restrict the building configuration to the proposal shown in Schedule 1 and require
landscaping as provided;
Prohibit a hostel, shelter, halfway house, soup kitchen, private school (other than
Sunday school) receiving home, YMCA, YWCA or YMHA from being established
on the property;
If Council deems it appropriate to retain the garage, restrict its use for storage;
Require a wood fence to municipal standards between the parking lot and adjacent
properties.
The required parking is 1 space per 5 persons of maximum occupancy. The church has
indicated the maximum occupancy is 157 persons, thus requiring 31 spaces. Presently,
27 spaces are identified. If the garage is removed, 31 spaces could be provided. If the
garage is allowed to remain, the maximum occupancy of the church will need to be
reduced to 135 persons.
Staff does not recommend lowering the parking standard as it could result in excess
parking demands for the church spilling out on the side streets, nor is it recommended to
reduce landscaping as this will make the use less compatible with the surrounding
residential properties.
The requested amendments can be supported since for the following reasons:
The proposed use of Parcel 2 for parking associated with the church complies with
the intent of the Official Plan with respect to ancillary uses in residential areas.
Parking for the church will be shifted off the street, thereby reducing the impacts
to residents residing on High St.
Controlling the is of the church, requiring the removal of the garage and retaining
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Council Minutes
extensive landscaping and screening around parking areas will improve the
compatibility of the use with surrounding residences.
It is recommended that site plan control be imposed, involving interested residents, and
completed prior to passage of the amending by -law.
Comments with respect to parking restrictions on High St. should be referred to Traffic
Parking Services for review.
Recommendation
It is recommended that:
1) Council approve the Zoning By -law amendment to permit the use of the land known
as 6859 High Street as a parking area in conjunction with the church at 5720
Dorchester Road., subject to the garage on 6859 High Street being removed to
provide 4 additional parking spaces;
2) The amending by -law not be passed until the applicant has entered into a site plan
agreement with the City to address the required site works;
3) Interested residents be invited to be involved in the site plan review process; and
4) Comments with respect to parking restriction on High St. be referred to Traffic
Parking Services for further review.
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.
Karen Durda, 6859 High Street, is upset with this proposal, the house she rents will
have to be torn down to provide the additional parking spaces.
Ron Giberson, 6803 High Street also representing Tony and Connie Zappitelli
indicated that they have had discussions with the Niagara Orchard Church and have
seemed to resolved their concerns. The residents have asked for some changes in design,
grading and drainage. He wishes the Church success in their development but hopes that
Council considers his input and concerns.
Bruce Johnston, 5693 Woodland Blvd, is in favour this development but suggested
that the properties be merged in title.
Captain Mike Puddicombe, 8169 Spring Blossom Drive, indicated that having the
proposed additional parking the church will lose storage and will have to relocate an office.
Nonetheless, they realize that they have to make the appropriate changes to be good
neighbours. He also advised that the increased parking spots should alleviate on- street
parking issues.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Morocco to
approve the report as recommended. Carried Unanimously
MISCELLANEOUS PLANNING MATTERS
PD- 2006 -31 Chief Administrative Officer Residential Development Trends;
Municipal, Regional and Provincial Policies.
The report recommends that Council receive this report for information and
reference when considering residential development applications.
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ORDERED on the motion of Alderman Morocco, seconded by Alderman Diodati to
receive and file the report. Carried Unanimously
PD- 2006 -30 Chief Administrative Officer Draft Official Plan Policies for the
Willoughby Land Use Area.
The report recommends that Council direct staff to proceed with preparation of
policies for the Willoughby Land Use Area as outlined in this report; and a public open
house be held in conjunction with Regional Niagara's Policy Plan Amendment #170 in
order to obtain public input and report back to Council.
ORDERED on the motion of Alderman Diodati, seconded by Alderman Campbell
to approve the report as recommended. Carried Unanimously with Alderman Pietrangelo
declaring a conflict.
PD- 2006 -32 Chief Administrative Officer Draft Good General Agricultural Policies
The report recommends that a public open house be advertised to obtain input on
the City's draft Good General Agricultural policies; and agencies and groups with an
interest in the agricultural area be circulated a copy of the draft Good General Agricultural
policies for their review and comments.
ORDERED on the motion of Alderman Diodati, seconded by Alderman Pietrangelo
to approve the report as recommended. Carried Unanimously
PD- 2006 -33 Chief Administrative Officer Matters Arising from the Municipal
Heritage Committee
The report recommends that Council approve the restoration and addition to the
Oswald House, 2922 St. Paul Avenue, as outlined in this report; approve a designated
property grant for the maximum amount of $3,000 toward the cost of the replacements of
the roof of the Strickler /Danner House, 12549 Niagara River Parkway, as outlined in this
report; and direct staff to initiate the Cultural Heritage Landscapes Work Plan as endorsed
by the Municipal Heritage Committee.
ORDERED on the motion of Alderman Diodati, seconded by Alderman Pietrangelo
to approve the report as recommended. Carried Unanimously
MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Salci announced that Alderman Janice Wing gave birth to a healthy baby girl,
Shonagh at McMaster Hospital. Alderman Wing and Shonagh are doing well. The Mayor
advised that a letter of condolence was sent to Florence Burger, wife of the late Leo
Burger.
Mayor Salci advised on some recent events: April 2 n our community hosted a
Martial Arts Show, this was a part of a celebration of Deborah Toth's outstanding
achievement, as Deborah celebrated 25 years of teaching martial arts. On March 31s the
Mayor participated in a fundraiser for the YMCA with MPP Kim Craitor and MP Rob
Nicholson where there was a 3 -on -3 basketball game against the members of the media.
As April is Education Month, on March 30 the District School Board of Niagara held a
very successful kick -off breakfast.
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Mayor Salci advised of some upcoming events: April 5` with be the 33r Annual
Mayors Prayer Breakfast at the Americana Resort Spa. On Friday April 7 will be an
Energy Workshop being held at the Doubletree Resort Fallsview Hotel for all local
businesses.
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. 2006 Capital Budget Library Projects requesting approval to undertake library
projects in 2006.
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati
that the communication be approved. Carried Unanimously
2. Downtown Niagara Falls Board of Management requesting approval of the
2006 budget.
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Alderman Diodati, seconded by Alderman Pietrangelo
that the communication be approved. Carried Unanimously
3. Canadian Transplant Association requesting that Council proclaim April 23 -30,
2006 as Organ and Tissue Donor Awareness Week in the City of Niagara Falls.
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco
that the communication be approved. Carried Unanimously
4. Victorian Order of Nurses requesting that May 13 -20, 2006 be proclaimed as
National VON Week and also request a flag raising ceremony at City Hall May 15,
2006.
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Kerrio
that the communication be approved. Carried Unanimously
5. Ontario Dental Association Niagara Peninsula Dental Association
requesting that April be proclaimed as "Oral Health Month" in the City of Niagara
Falls.
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati
that the communication be approved. Carried Unanimously
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REPORTS
LEGAL MATTERS
L- 2006 -08 Chief Administrative Officer The City of Niagara Falls ats Niagara Parks
Commission An Application pursuant to the Assessment Act
The report is recommended for the information of Council.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Morocco to
approve the report as recommended. Carried Unanimously
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco
that the actions taken in Community Services, on April 3, 2006 be approved.
Carried Unanimously
1) That the minutes of the March 20, 2006 meeting be approved.
2) That staff prepare a report on alternative funding for work on the Union Marsh
Drain.
3) That the Satisfaction Survey as presented by Craig Worden be received and filed.
4) That the Inquiry about Zoning and Site Plan Compliance for 6754 -6788 Thorold
Stone Road be received for information purposes.
5) That flashing beacons be installed on Frederica Street.
6) That staff be directed to proceed with further investigations and design of a new
sidewalk on Drummond Road starting at Morrison Street and terminating at the
existing sidewalk at Perkins Street and that alternative funding sources be
investigated.
7) That the Walker Industries Waste Disposal Environmental Assessment be received
for the information purposes.
8) That staff enter into negotiations for property.
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 -20 Municipal Accounts. It is recommended that Council approved the municipal
accounts totalling $20,336,011.11 for the period February 23, 2006 to March 21, 2006.
L- 2006 -07 Discharge of O.H.R.P. Loan Estate of Mark Black Detenbeck. File N o
2006 -113. It is recommended that Council authorize the execution of an 'Application To
Delete Housing Development Lien' and any additional documents that may be necessary
to discharge the O.H.R.P. Loan dated January 20, 1978.
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MW- 2006 -31 Consultant Retention Churchill Street Cul de Sac. It is recommended
that staff be authorized to prepare and enter into an Engineering Agreement with Totten
Sims Hubicki Associates for the detailed design of the new Cul -de -Sac and Parking Lot
with a cost upset limit of $13,150.00; and that staff be authorized to manage the
construction project; and that funding for the City's portion of the works be approved in the
amount of $75,000.
MW- 2006 -32 Consulting Engineering Services for Weightman Bridge Rehabilitation.
It is recommended that in accordance with the City's Consultant Selection Policy, it is
recommended that the City of Niagara Falls enter into a Consulting Services Agreement
with Ellis Engineering Inc. for the Consulting Engineering Services for Weightman Bridge
Rehabilitation for the upset limit of $59,800.00, excluding GST.
MW- 2006 -33 Drummond Road Environmental Assessment Region of Niagara
Participation. It is recommended that the City of Niagara Falls enter into a Consulting
Services Agreement with Matrix Innovations Inc. For $85,895.00 excluding GST for the
Class Environmental Assessment for Drummond Road from McLeod Road to Lundy's
Lane; and the City of Niagara Falls invoice the Region of Niagara at the conclusion of the
study for the amount of $24,915,00 excluding GST.
MW- 2006 -34 New Sidewalk Construction 2006 161.06. It is recommended that the
contractor Sacco Construction be retained to perform the works of the 2006 New Sidewalk
Construction Contract for the amount shown below and that Council authorizes the Mayor
and City Clerk to sign an agreement with Sacco Construction.
MW- 2006 -35 Enter into an Agreement with Canadian National Railway. It is
recommended that staff be authorized to enter into an Encroachment (construction)
Agreement with the Canadian National Railway (CN) to work within the property limits of
CN for the purpose of constructing and maintaining a new sidewalk.
MW- 2006 -38 Grassy Brook West Sanitary Sewer System Property Acquisition
Pumping Station Site. It is recommended that the Consulting Services Agreement with
Philip's Engineering Ltd. be amended to include the geotechnical services provided by
Terraprobe Limited at an upset limit fee of $17,850.00 (plus GST) as well as a provincial
fee of $1,950.00 for geotechnical services that maybe required on an alternative site to be
funded in ful from the Development Charges Reserve Fund.
MW 2006 -41 Quotation Q03 -2006: 2006 -2007 Geotechnical Contract. It is
recommended that the consultant (Shaheen Peaker Limited) be retained to perform the
works of the 2006/2007 Geotechnical Contract and that council authorizes the issuance
if a purchase requisition to the low bidder (Shaheen Peaker Limited) for the amount
listed below, $74,175.00.
R- 2006 -12 Expansion of Drummond Hill Cemetery. It is recommended that Council
approve the expansion of the Drummond Hill Cemetery to include a portion of the Lundy's
Lane Battlefield Park for the exclusive interment of Miss Ruth Redmond's cremated
remains.
ORDERED on the motion of Alderman Pietrangelo, seconded byAlderman Morocco
that the recommendations in the Consent Agenda be approved. Carried Unanimously
RESOLUTIONS
NO. 4 MOROCCO PIETRANGELO That Niagara Falls City Council endorses the
Niagara Transit Transit Ridership Growth Plan and Asset Management Plan to be
submitted to the Provincial Government. Carried Unanimously
ORDERED on the motion of Pietrangelo, seconded by Alderman Diodati that the
by -laws be given a first reading. Carried Unanimously
2006 -64 A by -law to authorize the execution of an Ontario Funding Agreement with
Her Majesty The Queen in Right of Ontario respecting funding by the
Province for the May 22, 2006, LIVE with Regis and Kelly Production.
2006 -65 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.
2006 -66 A by -law to authorize the execution of an Agreement with Shrine
Circus/Xentel D.M. Inc. respecting the use of the Niagara Falls Arena for a
one day circus event.
2006 -67 A by -law to authorize the payment of $20,336,011.11 for General Purposes.
2006 -68 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City Roads. Stop Signs at Intersections)
2006 -69 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 3r day of April, 2006.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati
that the by -laws be read a second and third time and passed. Carried Unanimously
Niagara Development Corridor
Cancer Awareness
Conagra Property
Niagara Health System
14 April 3, 2006
Council Minutes
BY -LAWS
NEW BUSINESS
ORDERED on the motion of Alderman Campbell, seconded byAlderman Kerrio that
staff prepare a report outlining the City's involvement with the Niagara Development
Corridor. Carried Unanimously
ORDERED on the motion of Alderman Morocco, seconded by Alderman Kerrio to
declare the month of April as Daffodil Awareness month in support of Cancer.
Carried Unanimously
Alderman Pietrangelo inquired about the building and asked if staff was aware of
the type of business possibly moving into the building. Staff advised that nothing is certain
but there is a company interested in the building which is confidential at this time.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati
that a hospital watch committee be set up consisting of Council, and our MPP Kim Craitor
and that the committee come back with the appropriate terms of reference.
Carried Unanimously
Rain Barrels
DEAN 1 ID CITY CLERK
15 April 3, 2006
Council Minutes
Alderman Diodati reminded everyone that this was the last chance to order Rain
Barrels, anyone interested is to call City Hall.
ORDERED on the motion of Alderman Morocco, seconded by Alderman Kerrio that
the meeting be adjourned at 9:40 p.m Carried Unanimously
71711( Ja 4 �L
R.T. (TED) SALCI, MAYOR