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2006/09/25SIXTEENTH MEETING IN CAMERA MEETINGS Council met on Thursday, September 21, 2006 at 4:00 p.m. in a Special In Camera Session. All members of Council, except Alderman Diodati, were present. Alderman Pietrangelo left prior to consideration of any items. Alderman loannoni presided as Chair. Following consideration of the items presented, the matters of the Special In Camera Session were reported at the regular meeting of September 25, 2006. ( 0 4, DEAN IORFIDA IN CLERK R.T. (TED) SALCI, MAYOR Council met on Monday, September 25, 2006 at 6:30 p.m. in an In Camera Session. All members of Council, except Alderman Campbell were present. Mayor Salci presided as Chairman. Following consideration of the items presented, the In Camera Session did not arise in open session. REGULAR COUNCIL MEETING Committee Room 1 September 21, 2006 Committee Room 1 September 25, 2006 Council Chambers September 25, 2006 Council met on Monday, September 25, 2006 at 7:20 p.m. for the purpose of considering Regular /Planning Business matter. Mayor Salci took a moment to introduce and welcome Trent Dark, the new Director of Human Resources to the City of Niagara Falls. All members of Council, except Campbell were present. Alderman Diodati offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Volpatti seconded by Alderman Morocco that the minutes of September 11 , 2006 be approved as printed. Carried Unanimously War of 1812 Bicentennial Task Force People for Progress Arena Matters DISCLOSURES OF PECUNIARY INTEREST DEPUTATIONS /PRESENTATIONS September 25, 2006 Council Minutes Alderman Kerrio indicated a conflict to report PD- 2006 -82 - Pedestrian Deck Agreement Marriott Fallsview Hotel as he is a neighbour of the property. Gord West, Museum Chair and Chair of the Bicentennial task force advised Council of the sub - committee being called the 181 -2012 Task Force which includes members from the Museum Board as well as members of 'the community. He outlined the many goals that the committee wishes to achieve in order to carry out the 200 Anniversary of the War of 1812. Mr. West advised of a public workshop being held on Tuesday, October 3 at 6:30 at the MacBain Community Centre. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that the City endorses the activities of the War of 1812 Bicentennial Task Force and recognize the Task Force as the official committee for the anniversary activities. Carried Unanimously Lester Ste. Croix and Aaron Beaudoin advised Council on the origin of the Niagara Falls People for Progress organization. They indicated that they now have an office on Queen Street and will be working with the Niagara Falls Downtown Board of Management to have Nostalgiafest `07, a celebration of the "Glory Days" of Downtown Niagara Falls. John MacDonald, CAO gave a brief presentation on the proposal from JDS and outlined the principles of a counter offer which was being made to JDS from the Council. Cam Watson, Economist, clarified and compared the financial figures of City owned arena facilities versus the JDS proposal. Mark Young, Assistant General Manager of the Jr. B Canucks, advised Council that the Canucks look forward to being the main tenant in a new 3000 seat city owned arena and they request a meeting to discuss their future plans as well as securing a long term deal with the arena. Cathy Slee, President CUPE Local 133, stressed that the union is opposed to the private public partnerships of the arena facilities, which they believe would result in increased public cost and would not provide value for money. A copy of the market study, the business plan and the detailed financial proposal prior to any decision being made was requested. Ms. Slee indicated that they believe this is a bad deal for the taxpayer and therefore should not be approved. Laurie Primeau, Arena Steering Committee Member, advised that the recreation committee has fundraised approximately $700,000 towards the community arena and the extra 999 seats since Council had approved the 30 seats. She outlined that timing is of the essence and the community is expecting the community arena to open in September 2008. She believes that a considerable amount of time and effort has already been expended by city staff and taxpayers with this project. She believes strongly that a Jr. A hockey club would be a nice high profile addition to this community but at questions the cost to the taxpayers. - 3 - September 25, 2006 Council Minutes Mike Cushman, resident, is excited about the plan to bring an OHL team to the City. He supports JDS's plan but has some major concerns with the location of the proposed site, Cytec lands. He believes the site is unsafe and 'More environmental testing needs to be done. Eric Gillespie, Cunningham & Gillespie LLP, for UNITE HERE also has concern with the potential risks at the Cyanamid property. Mr. Gillespie made a brief powerpoint presentation outlining the potential human health concerns at the proposed Twin Pad arena site - the former American Cyanamid /Cytec lands. Alex Dagg, National Co- Director, UNITE HERE Canada, represents 5000 union workers, 700 from Niagara Falls. She wanted Council to know the concerns her organization has with the site. She believes that the City has not shown appropriate interest in her organization's concerns. Alan Ballard, of the City of Orillia, outlined the experience in his community where Orillia was left with no arena and a contaminated site. Approximately $11 million was spent and there is nothing to show for it other than a contaminated excavation. David Schram, Urban Environmental Management, consultant for the City, advised there is a very comprehensive process that is to be followed to ensure the condition of the site is more than safe. He advised that a risk asses has been done on the 15 acre arena site and that the Ministry of the Environment allowed that the risk assessment be limited to the arena site, not the entire Cytec property. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Diodati that staff report on the environmental issues surrounding the proposed site. Carried Unanimously Steve Ludzik, thanked the residents for their continued support for an OHL team in the City. Mr. Ludzik alluded to his difficulty during the process. Ernie Coetzee, JDS, advised that after hearing the past few presentations he is concerned about the environmental issues on the site but it hopeful that JDS and the City share the same vision and will do what needs to be done to ensure the safety of the residents. Ernie advised that the City will maintain reasonable level of control and input into design and strategic ongoing operational decisions and the city will maintain direct control of its dealings with the various Niagara Falls community groups in relation to their ice time entitlements. ORDERED on the motion of Alderman Diodati, seconded by Alderman Wing that staff meet with the twin pad architect to discuss the ramifications of ceasing with further design expenditures. Carried Unanimously ORDERED on the motion of Alderman Kerrio, seconded by Alderman loannoni to continue with the counter offer to JDS and ongoing negotiations. Carried Unanimously PLANNING MATTERS PD- 2006 -80 - Chief Administrative Officer - Zoning y -law Amendment Application AM- 27/2006, 3780 Welland Avenue, Applicant: 1314540 Ontario Inc. ( Bruce Ward), Proposed Self- Storage Facility The report recommends that Council approve the Zoning By -law amendment application to permit a self - storage facility to be established on the property as detailed in the report. - 4 - September 25, 2006 Council Minutes The Clerk advised that the purpose of this public meeting was to consider a zoning by -law amendment to consider a proposed Motor Sales & Car Wash Facility, 3780 Welland Street. He advised that Notice was given by First class mail in accordance with the Planning Act on Friday, August 25, 2006 and by posting a sign on the property in question. He informed that anyone wishing to receive 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 sheet Council Chambers. The Deputy Director of Planning and Development reviewed the recommendations and provided the following information: OFFICIAL PLAN The Official Plan designates the property as Residential. Official Plan policies allow for non - complying uses subject to certain criteria. The proposal satisfies these criteria as follow: - Proposed use is similar to uses currently allowed on the site and would be compatible with surrounding uses. - Proposed use is not hazardous to surrounding residents. - Property has ready access, via Dock St,. to Main St. which is an arterial road so traffic should not have a significant impact on the surrounding residential area. Zoning The property is zoned General Commercial (GC) in part, and Residential Single Family Density (R1 C) in part. Site specific provisions are requested to be added to the General Commercial (GC) zoning: - To allow the self storage use, and - To reduce the minimum interior side yard setback from 3.0 m (9.84ft) to 1.05m (3.44 ft) The use is similar in scale and nature to other uses already permitted. A closed board fence exists along the east property line providing screening of the use. The hydro corridor provides an open area between the fence and residential land use to the east. The storage units are oriented internally to the site, away from the abutting property. A grassed berm exists along the south property line. Existing vehicles currently located on the southern portion of the site will have to be located to the lands zoned General Commercial (GC). The R1 C lands should be restored to a grassed condition. Site Plan Agreement The addition of the storage units will require an amendment to the site plan agreement. The site plan process will address landscaping issues, on site circulation and surface drainage. Conclusion The requested Zoning amendment application can be supported for the following reasons: - It complies with the intent and purpose of the Official Plan - The requested zoning amendment is appropriate Site Plan control shall be used to ensure that the site is maintained in a form compatible with surrounding neighbouring uses. Recommendation 5 - September 25, 2006 Council Minutes It is recommended that Council approve the Zoning Bylaw amendment application to permit a self storage facility to be established on the property. Mayor Salci 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. Rick Brady, agent for the applicant, acknowledges and supports the staff report. He was available for any questions. Mayor Salci advised that the Public Meeting with regard to AM-27/2006 is now closed. ORDERED on the motion of Alderman Kerrio, seconded by Alderman loannoni that the report be approved as recommended. Carried Unanimously Miscellaneous Planning Matters PD- 2006 -82 - Chief Administrative Officer - Pedestrian Deck Agreement Marriott Fallsview Hotel. The report recommends that Council not release the Niagara 21s Group from the pedestrian deck agreement which applies to lands immediately south of the Marriott Hotel in isolation of the planning process which includes public notification and that the proper format for considering such a request is through an Official Plan amendment which currently designates the subject lands for Open Space purposes. ORDERED on the motion ofAlderman Pietrangelo, seconded by Alderman loannoni that the matter be deferred. Carried Unanimously with Alderman Kerrio declaring a conflict. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo that Mel Grunstein be permitted to speak on this matter. Carried Unanimously Mel Grunstein advised that this proposal takes away one of th last public viewing areas in Niagara Falls. Mr. Grunstein urged Council to deal with this proposal before the election. ORDERED on the motion of Alderman Wing, seconded by Alderman Volpatti that the representatives of Romzap be invited to participate in any staff meetings on the issue. Motion Carried - 6 - September 25, 2006 Council Minutes MAYOR'S REPORTS, ANNOUNCEMENT Mayor Salci advised of the passing of Hazel Campbell, mother of Alderman Wayne Campbell. There will be a service of remembrance at Stamford Presbyterian Church on Wednesday, September 27 at 11:00 a.m., the family will receive friends at the church, one hour prior to the service. Also, a letter of condolence was sent to the family of the late Rose Edkins, mother and mother -in -law of City employees Don Edkins and Buddy Lowe. Mayor Salci indicated that the City officially kicked off our City's Week of Prayer, he encouraged all Christians to take part in this celebration of faith. The last event in the Week of Prayer will be next Sunday, October 1S 6:30 at Kingston College. Mayor Salci advised of the following upcoming events: Estee Lauder Pink Ribbon Illumination Event, taking place September 30 at. the Illumination Town at 7:00 p.m. October 1s the Canadian Cancer Society - Taking Steps Against Breast Cancer, registration will begin at 9:30 am and the walk begins at 10:30 a.m. COMMUNICATION AND COMMENTS OF THE CITY CLERK 1 District 60 Toastmasters - request that the month of October be proclaimed as "Toastmasters Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 2. Fire Prevention Week - Fire Prevention Week will run from October 8 - 14 and its requested that October 14 be proclaimed as "Fire Service Recognition Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 3. Niagara Falls Public Library- request that October 2006 be proclaimed as "Library Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 4. Community Support Services of Niagara - request that October 2006 be proclaimed as "Community Support Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 5. Downtown Niagara Falls Board of Management - request that City Council ratify the appointment of Sal DiPietro as a new member to the board. RECOMMENDATION: For the Approval of Council 6. New York - Ontario Shrine Association - requesting a flag rasing on September 28 RECOMMENDATION: For the Approval of Council ORDERED on the motion of Alderman Kerrio, seconded by Alderman loannoni that the communications be approved. Carried Unanimously RATIFICATION OF "IN CAMERA" ACTIONS - 7 - September 25, 2006 Council Minutes ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that the actions taken in the In Camera Meeting, on September 21S , 2006 be approved. Motion Carried with Alderman Wing and loannoni opposed. That staff continue with negotiations with Historic Niagara and continue with all necessary due diligence. 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 -48 - Municipal Performance Measures. It is recommended that the report be received for the information of City Council and that the information be posted to the City's Internet site no later than September 30, 2006. F- 2006 -08 - Fire Services Crest Change. It is recommended that Council endorse the change of crest for Fire Services. PD-2006-81 Sidewalk Cafe Licence Agreementwith the City SWC- 02/2006, The Wild Mushroom, 5633 Victoria Avenue. It is recommended that the City enter into and execute a Sidewalk Cafe Licence Agreement with Geoff Taylor c.o.b. as The Wild Mushroom and 471791 Ontario Inc. to permit the operation of a sidewalk cafe over a portion of City sidewalk in front of The Wild Mushroom located at 5633 Victoria Avenue. R- 2006 -28 - Robert F. Keighan Park Development Natural Skating Pond Construction - Change Order 1. It is recommended that Stevensville Lawn Service Inc. be authorized to complete additional work to the existing Tender TR8 -2006 to construct a natural skating pond for a total cost of $ 19,448.50 including GST and that the Robert F. Keighan Park Neighbourhood Committee contributes 50% of the cost of this construction or $9,724.25 as a condition of the work commencing. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo that the reports be approved as recommended. Carried Unanimously Notice of Motion 1. That the commitment to the Downtown Revitalization be limited to $12 million for necessary improvements to the existing infrastructure; and That the $12 million be comprised in part by the $ 5.6 million from the sale of the Montrose Road property that `Council has already approved for use for the revitalization. ORDERED on the motion of Alderman loannoni, seconded by Alderman Kerrio that the Notice of Motion be deferred until a later meeting. Carried Unanimously - 8 - September 25, 2006 Council Minutes ORDERED on the motion of Alderman Morocco, seconded by Alderman Volpatti that Aaron Lichtman be permitted to speak. Motion Carried with Alderman loannoni opposed. Aaron Lichtman, Historic Niagara, reiterated his desire to make things happen in the Downtown. ORDERED on the motion of Alderman Kerrio, seconded by Alderman loannoni that the meeting proceed past 11:00 p.m. Carried Unanimously BY -LAWS ORDERED on the motion of Alderman Morocco, seconded by Alderman Kerrio that the by -laws be given a first reading. Carried Unanimously 2006 -178 A by -law to establish part of a road allowance being Parts 1 and 2 on Reference Plan 59R- 13193 a public highway, to be known as and to form part of Fourth Avenue. 2006 -179 A by -law to establish Parts 2 and 3 on Reference Plan 59R -12689 as a public highway, to be known as and to form part of Willowdell Road. 2006 -180 A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with Geoff Taylor c.o.b. as The Wild Mushroom and 471791 Ontario Inc., respecting the licencing of a sidewalk cafe over a portion of City sidewalk in front of The Wild Mushroom located at 5633 Victoria Avenue. 2006 -181 2006 -182 A by -law to authorize an agreement with the Corporation of the City of Niagara Falls and George Gordon Wright Jr. and Shirley Anne Wright for an exchange /purchase of lands. 2006 -183 Fire Chief Local Hospital 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, Parking Prohibited, Standing Prohibited) 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 -184 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 25 day of September, 2006. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Kerrio that the by -laws be read a second and third time and passed. Carried Unanimously NEW BUSINESS Congratulations were extended to Fire Chief Pat Burke, who was appointed the President of the Canadian Association of Fire Chiefs. Alderman Diodati advised Council that the , Greater Niagara General Hospital's Maternity Ward is in the Critical bypass stage, there is a shortage of nurses in that department leaving patients to go elsewhere for delivery of their babies. - 9 - September 25, 2006 Council Minutes ORDERED on the motion of Alderman Diodati, seconded by Alderman Wing that council demand that the NHS immediately reallocate resources between the three birthing centres ( Niagara Falls, St. Catharines and Welland) to an equitable distribution directly proportionate to the current number of births at each hospital and further that they forecast resources based on the current trends. Carried Unanimously Art by the Falls Alderman Volpatti advised that the Art by the Falls event will be held on Saturday, September 30 and October 15t from 10 a.m. to 5 p.m. Compliance Audit Committee ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni that staff report back on the possibility of a Compliance Audit committee. Carried Unanimously ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that the meeting be adjourned at 11:20 p.m. Carried Unanimously DEAN IORFI aA, C TY CLERK R.T. (TED) SALCI, MAYOR