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2006/05/08EIGHTH MEETING IN CAMERA MEETING Committee Room 2 May 8, 2006 Council met on Monday, May 8, 2006 at 6:00 p.m. in an In Camera Session. All members of Council, with the exception of Alderman Wing were present. Alderman Volpatti presided as Chairman. Following consideration of the items presented, the In Camera Session did arise in open session. Tigv, DEAN IORFIJbA, CITY CLERK R.T. (TED) SALCI, MAYOR REGULAR COUNCIL MEETING Council Chambers May 8, 2006 Council met on Monday, April 24, 2006 at 7:00 p.m. for the purpose of considering Regular /Planning Business matters. All members of Council were present. Alderman Carolynn loannoni offered the Opening Prayer. Mayor Salci took a moment to welcome Alderman Janice Wing back from her maternity leave. He also congratulated Alderman Campbell who became a grandfather today. His grandson's name is Aidan Campbell Blakely. ADOPTION OF MINUTES ORDERED on the motion of Alderman Morocco, seconded by Alderman Kerrio that the minutes of April 24, 2006 be approved as printed. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Alderman Morocco indicated a pecuniary interest to cheque no. 300488 and no. 301094 which were issued to her place of employment. Alderman Pietrangelo indicated a pecuniary interest to cheque no. 300481 which was made payable to his employer, Niagara Catholic District School Board. Alderman Wing indicated a conflict with PD- 2006 -34, the section dealing with the Niagara Parks Commission and People Mover, also by -law 2006 -78 with the agreement dealing with the NPC as she owns property with a Parks Commission employee. Mid Peninsula Corridor 2 May 8, 2006 Council Minutes Alderman Wing indicated that she would have declared a conflict on any items related to the Niagara Parks Commission between February 20 -April 3`' when she was absent. Alderman Campbell indicated a pecuniary interest to cheque no. 300428 which was issued to his employer, the District School Board and to cheque no. 301130 which was issued to Stamford Collegiate. MayorSalci indicated a pecuniary interest to cheque numbers 300517, 300963 and 301123 which were issued to himself. DEPUTATIONS /PRESENTATIONS Regional Chair Peter Partington and Joe Cousins, Director of Transportation Services of the Regional Municipality of Niagara made a brief presentation about the proposed Mid Peninsula Corridor, also known as the Niagara GTA Corridor. Chair Partington advised that the purpose of the corridor would be to relieve current congestion on Niagara Bound highways and better move traffic between Canada and the U.S. The purpose of the corridor would not be to by -pass Niagara Falls. Council was encouraged to get involved and have a member of Council or staff sit on the advisory committee once the EA is announced. This proposed corridor may take 7 -8 years until construction can begin. Mr. Cousins advised that GO service was a priority of the Region regardless of the future of the proposed GTA Corridor, that GO service would take 1 -3 years to get up, that Q.E.W. expansion is limited and that GO bus service must be established first prior to GO rail service is possible. ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni to reconsider the motion of March 6' being opposed to the Mid Peninsula Corridor. Motion defeated ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni that Council fully participate in the EA process related to the GTA Corridor. Carried Unanimously PLANNING MATTERS PD- 2006 -34 Chief Administrative Officer- Adoption of Downtown Strategic Implementation Plan (SIP) and Moving Forward Costs It is recommended that Council approve the following: 1. That the Downtown Strategic Implementation Plan be adopted, subject to staff being directed to proceed with the implementation of the Plan as follows: prepare the necessary Environmental Assessment documents for the eastern and western gateways which will explore alternatives and resolve issues; completion of urban design guidelines, official plan and zoning review, and engineering designs for Queen Street improvements; determine the need for a public parking garage and consolidated surface parking lots through a downtown transportation master plan; 3 May 8, 2006 Council Minutes completion of a financial impact study; proceed with a property acquisition and disposition investigation; and 2. That funding of $1.66 million be short termed financed pending a financial report to be presented at a 2006 Budget Amendment Meeting to cover the costs of necessary studies to accelerate the public realm improvements. Jay Valgora, V Studio made a brief presentation to Council. He advised Council that the SIP consists of nine major design points consisting of the revitalization of Queen Street: Civic Square creating a real Town Square for the people of the City; a gateway from River Road, creating an Eastern gateway to the downtown; Victoria Park, creating a Western Gateway connecting Queen Street to Victoria Avenue; Erie Avenue Corridor, creating the crossroads of the Downtown and creating a major Inter -Modal Transportation Hub; a Cultural District, creating a year- around destination for the Arts in Downtown; the Greenway and Linear Park which will reconnect the downtown to the Tourist Core and improve the Old Railway Space into a Linear Park; and Parking, to maximize the efficiency of the parking areas. Mr. Valgora indicated that C.I.P. (Community Improve Plan) was more general, laying out the ideas and concepts that were expanded in the S.I.P. (Strategic Implementation Plan). The S.I.P. is more specific and provides a "road map" to downtown revitalization. Mr. Valgora indicated that the S.I.P. could take 15 to 20 years to fully be realized and that more detailed studies would be necessary for implementation. Lester Ste. Croix indicated his support of downtown revitalization. He presented a petition of over 2000 names of people in support for downtown. Shelagh Mulligan, 4671 River Road, was speaking on behalf of the Mulligan Family who own Henri's Motel Gift Shop. She advised Council that she is opposed to the S.I.P. but not the C.I.P. She indicated that her family's property would be expropriated under the S.I.P. Sean Hyde, 4691 River Road, owner of a multiplex building stated that he would like to invest in the downtown and his property, however, under the plan he would lose his property. David Hagarty, representing the Downtown BIA, believes this a critical decision that Council must make. He believes if Council supports the revitalization there will be very positive results. He sees this as a unique opportunity that may not come along again. Vinoo Nancoo, 6508 Montrose Road, was speaking on behalf of clients he has on Zimmerman Avenue and Huron Street. He would like to see this development but believes a process has to be followed. He stressed the importance that Council needs to know everything about the investors. For example, they need to know what will happen if the investor decides to start but not complete the project. He also asked about relocations for those who may be forced out of their homes. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Kerrio to allow Colin Giberson to speak. Carried Unanimously Colin Giberson, 4700/4706 Zimmerman, is opposed to the Strategic Implementation Plan. He believes this is uprooting the local residents. He believes the City should stick to the C.I.P, it represents the community unlike the S.I.P. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo to allow Mr. Lichtman more time to speak. Carried Unanimously 4 May 8, 2006 Council Minutes Aaron Lichtman, of Historic Niagara, spoke of how he got involved in this project, the number of properties he has invested in and the need to expedite the process. The C.I.P. presented a framework for revitalization of downtown, which attracted he and his group of investors. He indicated that he understood the concerns of residents that may be forced to leave. He suggested they could be relocated to the proposed Mews area. Mr. Lichtman appreciated the required Environmental Assessments but does not want to have to be subjected to a third generation of reports and studies. He indicated that the Gibbs study was proprietary and by divulging it, his group could lose the basis for their development. He identified his interest in City properties and his commitment to develop the Rosbergs property first. He urged Council to support the S.I.P. and identify the downtown revitalization as one of Council's top three priorities. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell that the meeting go past 11:00 p.m. Carried Unanimously ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco That the policies and resolutions set out in the Strategic Implementation Plan (SIP) of April 28, 2006, presented to Council on May 8, 2006 by Walker Group (V Studio) be adopted forthwith; including, but not limited to: Civic Square; River Park; Victoria Square; the gateway improvements; streets and streetscape improvements; and parking improvements; and That the implementation of the SIP is one of the top three priorities of the City of Niagara Falls. With the first phase intended to (1) attract significant private investment and (2) attract quality national, regional and local retailers to Downtown; and That City staff and the necessary qualified professionals, which staff deems necessary to implement as expeditiously as possible the SIP, will immediately begin to implement and design the improvements and strategic recommendations set forth in the SIP, including, but not limited to, signage, landscape features, zoning, land use and property acquisition; and That the City will create a leadership task force to manage the City's responsibilities for the redevelopment of Downtown, appoint an experienced full -time point person to co- ordinate all efforts, work with the Downtown BIA and any private investment partners, and have weekly meetings to detail progress and gain input from the BIA and any of the material private investors; and That the City will begin any and all environmental assessments (EA) that are legally required to implement Phase I of the project immediately and will immediately with Phase I design work that does not require an EA; and That the City will create a special Downtown district zone for specific signage and design standards which conform to the intent and detail of the SIP, and the needs of individual retailers, where appropriate; and That the City will create a clear regional plan detailing overall commercial and redevelopment across the City which is consistent with the Community Improvement Plan (CIP) and the SIP, and will follow it; and That the City will create a management system to monitor the public realm in the Downtown area, including signage, advertising, lighting, street furniture, etc and existing businesses will be encouraged to comply with the design standards contained in the SIP, implementing any applicable incentives contained in the CIP; and That the City will generate a detailed master plan at street and building level based on the SIP, and will follow it; and That staff be directed to proceed with a Financial Impact Study. Alderman Campbell Alderman loannoni Alderman Morocco Alderman Volpatti Mayor Salci Alderman Campbell Alderman loannoni Alderman Morocco Alderman Volpatti Mayor Salci AYE AYE AYE AYE AYE AYE NAY AYE AYE AYE 5 May 8, 2006 Council Minutes That funding of 1.66 million for any design work, the EA's and professionals necessary to accomplish the foregoing shall be taken, to the extent possible, from existing budgets and, to the extent that is not possible, short-term borrowing is hereby authorized up to the amount of $1,600,000; and Alderman Diodati Alderman Kerrio Alderman Pietrangelo Alderman Wing Alderman Diodati Alderman Kerrio Alderman Pietrangelo Alderman Wing AYE NAY AYE NAY AYE AYE AYE NAY Motion Carried ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that the City of Niagara Falls agrees to apply the total net funds received in the term of this Council from the sale of City owned property at McLeod and Montrose Roads to the Downtown Revitalization Project Reserve Fund. Motion Carried ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti that Council be moved "In Camera" to discuss property matters. Carried Unanimously Alderman Janice Wing left the meeting for the evening. RATIFICATION OF "IN CAMERA" ACTIONS ORDERED on the motion of Alderman loannoni, seconded by Alderman Diodati that the "In Camera" actions from this evening be approved. Carried Unanimously That staff be directed, through legal counsel, to negotiate a memorandum of understanding, which would include the provision of a letter of credit from Historic Niagara and Mr. Aaron Lichtman; and That Mr. Lichtman provide due diligence in the form of, but not limited to, the name of principals, their experience, background, financial wherewithal and capabilities, their experience with respect to the other developments, assurances with respect to abilities to complete the project, and a written commitment to develop the former Rosbergs property to the satisfaction of the City Council and staff; and That on receipt of the due diligence information, Council will commit funding to the capital budget and negotiate the sale of City owned lands. PD- 2006 -41 Draft Plan of Condominium, 6350 Dorchester Road former Dorchester Manor Nursing Home), File: 26CD -11- 2006 -01, Owner: Mountainview Construction Inc. The report recommends that the proposed 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 6 May 8, 2006 Council Minutes has been given as required by the Planning Act, provided no appeals of the decision have been lodges; and draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and; subject to review, granted by Council. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni to approve the report as recommended. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci advised that letters of condolence were sent to the family of the late John Bak who was an active community volunteer, and to Wendy Canavan, a city employee, who's uncle Fred Hawley passed away. Mayor Salci indicated that the border mayors were going to Ottawa on Tuesday, May 16 2006 to delay implementation of the Western Hemisphere Travel Initiative. A reminder that Tuesday May 16 is Canada Census Day. Mayor Salci advised of some recent events: May 4 was the Battle of the Bands, congratulations to "The Broken Lyre" from Saint Michael High School who won first place and the band members Mark Vaiana, Matthew Taylor and Daniel Multari. A special thanks to Lori Albanese for organizing a great event. April 27 was the MYAC Film Festival, it was a great project and the skills of the students were very impressive. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Senior's Month requesting that June1 -30, 2006 be proclaimed as "Seniors' Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 2. 2006 Capital Budget Museum Projects requesting Council's approval to undertake some Museum Board Projects in 2006. RECOMMENDATION: For the Approval of Council 3. N.O.T.L Report, Cost of Regional Services report requested by Council. RECOMMENDATION: For the Information of Council ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti that communications 1 -3 be approved. Carried Unanimously 4. Respect for Law- The Niagara Falls Optimist Club is requesting that the week of May 15 -21, 2006 be proclaimed as "Respect for Law" week. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Alderman loannoni, seconded by Alderman Morocco that the communication be approved. Carried Unanimously -7- May8,2006 Council Minutes RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell that the actions taken in Community Services, on May 8, 2006 be approved. Carried Unanimously 1) That the minutes of the April 24, 2006 meeting be approved. 2) That Parking Permits be implemented for Leeming Street between Highland Avenue and Leonard Avenue and that additional information be provided in future questionnaires that go to residents. 3) That a grant for development fees and related charges for the Islamic Society of Niagara be approved. 4) That the staff meet the Rainbow Motor Inn, Knights Inn Lincoln Motor Inn to discuss the directional signage on Murray Street. 5) That staff prepare a report on stricter standards for the Property Standards By -law and a limit on the number of cars on private property. 6) That Council approve the Terms of Reference for an Organizational Review for the City of Niagara Falls and authorize staff to hire a consultant to undertake an Organizational Review for the City at a cost not to exceed $100,000.00 plus expenses. 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. Alderman Diodati requested that CD- 2006 -06 be voted on separately. F- 2006 -22 Municipal Accounts. It is recommended that Council approve the municipal accounts totalling $22,722,836.12 for the period March 22, 2006 to April 25, 2006. PD- 2006 -40 Request for Removal of Part Lot Control, Blocks 1, 2 &3, Registered Plan 59M -344, Walker Court (Block 49- Neighbourhoods of St. David's Subdivision), Owner: Walker Community Development Corporation. It is recommended that Council approve the request and pass the by -law included in tonight's agenda to designate Blocks 1, 2 &3, Registered Plan 59M -344, as exempt from Part Lot Control; and the applicant be required to notify the City when the separate deeds have been registered; and Council authorize staff to enter into any required agreements and execute any related documents regarding the transfer of stormwater easements to the City over the subject land. MW- 2006 -52 Contract 2006 -03 Sidewalk and Concrete Repair City Wide. It is recommended that the unit prices submitted by the low tenderer, Alfidome Construction Limited, be accepted. MW- 2006 -53 Engineering Agreement with Regards to Pavement Management. It is recommended 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 ERES Consultants for the Consulting Engineering Services of the Pavement Management System Update and staff training for the upset limit of $24,225.00, excluding GST. 8 May 8, 2006 Council Minutes R- 2006 -17 Arts Culture Wall of Fame Policies and Procedures. It is recommended that the Policy and Procedures to govern the Arts Culture Committee's Wall of Fame be approved. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Kerrio that the recommendations in the Consent Agenda be approved. Carried Unanimously CD- 2006 -06 Specific Location Daily Sales. It is recommended that Council confirm the intent of the Licensing By -law (2001 -031) is that Specific Location Daily Sales licences are for a maximum of six (6) days; and that staff begin the comprehensive review process, including canvassing the various Business Improvement Areas, in the view of writing a new licensing by -law. ORDERED on the motion of Alderman Diodati, seconded by Alderman loannoni that CD- 2006 -06 be approved. Carried Unanimously BY -LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco that the by -laws be given a first reading. Carried Unanimously 2006 -77 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 -78 A by -law to authorize the execution of an Agreement with WABC -TV, A Division of American Broadcasting Companies Inc. and The Niagara Parks Commission respecting the City hosting the production of episodes of the television series "LIVE with Regis and Kelly" on May 22, 2006. 2006 -79 A by -law to amend By -law No. 79 -200, to permit two, one family detached dwellings. (AM- 26/2005, 4610 Ferguson St.) 2006 -80 A by -law to designate Blocks 1, 2 3, Registered Plan 59M -344, not to be subject to part-lot control (Walker Court). 2006 -81 A by -law to authorize the execution of an Agreement with F.F.C. FireFit of Canada Ltd. respecting the hosting of the FireFit Championships competition in Niagara Falls on September 14 to 17, 2006. 2006 -82 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. Ellen Avenue, Beaver Glen Dr Beaverton Blvd) 2006 -83 A by -law to authorize the payment of $22,722,836.12 for General Purposes. 2006 -84 A by -law to authorize the execution of a Partnering Agreement with the Canadian Tourism Commission respecting sponsorship funding for the May 22, 2006 LIVE with Regis and Kelly Production. 2006 -85 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 8 day of May, 2006. 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 Century of Sports Alderman Diodati advised of a new book published "Century of Sports" by Frank Long, which consists of many pictures left over from the Centennial book. He indicated that the launch for the book is this Saturday from 10 a.m.- 1 p.m. at the Downtown Victoria Avenue Library. Sodom Road Airport Alderman Pietrangelo passed on a complaint related to the Sodom Road airport to staff. Girls Home For Soccer 9 May 8, 2006 Council Minutes The C.A.O. indicated that staff would be meeting with Girls Soccer and would be providing an update to Council in the near future. MacLean's Magazine NEW BUSINESS Alderman Pietrangelo mentioned that 16 year old City resident Tessie Mazi had sent a Letter to the Editor of MacLean's criticizing the prevalence of photos of Paris Hilton in the news magazine. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati that a letter of congratulations be sent to Tessie Mazi. Carried Unanimously Park In the City Committee ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati that a letter of thanks and appreciation be sent to the members of the Parkin City for their recent Earth Day activities. Carried Unanimously ORDERED on the motion of Alderman Diodati, seconded by Alderman Morocco that the meeting be adjourned at 1:35 a.m. Carried Unanimously ?Ca C DEAN IORf�IJOA, ITY CLERK R. T. (TED) SALCI, MAYOR