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2006/10/30Council met on Monday, October 30, 2006 at 6:00 p.m. in an In Camera Session All members of Council were present. Alderman Diodati presided as Chairman. Following consideration of the items presented, the In Camera Session did arise in open session. OA- EIGHTEENTH MEETING IN CAMERA MEETING DEAN IORFICyA, CITY CLERK R.T. (TED) SALCI, MAYOR REGULAR COUNCIL MEETING Council Chambers October 30, 2006 Council met on Monday, October 30, 2006 at 7:15 p.m. for the purpose of considering Regular /Planning Business matter. All members of Council were present. Alderman Pietrangelo offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pietrangelo seconded by Alderman Volpatti that the minutes of October 16 2006 be approved as printed. Carried Unanimously Committee Room 2 October 30, 2006 DISCLOSURES OF PECUNIARY INTEREST Alderman Kerrio indicated a conflict to report PD- 2006 -92, AM- 35/2003 as he is owner of a neighbouring property. DEPUTATIONS /PRESENTATIONS Niagara Falls Red Raiders Major Midget Boys Basketball Team Mayor Salci presented plaques to the Niagara Falls Red Raiders Major Midget Boys Basketball team members for their recent Division 3 Provincial Championship capture. Team Members: Justin Boutilier Kurtis Casucci Sean Haldorson Cody Rempel Peter Todd Ontario Cup Champions Under 17 Boys Soccer Team Mayor Salci presented plaques to the Niagara Falls team members of the Ontario Cup Under 17 Boys Soccer Champions who recently beat out the Province's number one ranked team. Michael Vitaterna Philip Riley David Canavan Marco Campisano World Masters Track Cycling Champion Mayor Salci on behalf of Council was very proud to honour Gord Singleton for again bringing recognition to Canadian cycling and to Niagara Falls. Mayor Salci presented Mr. Singleton with a plaque in honor of his recent gold win in the sprint final at the UCI World Championships in Manchester, England. Small Business Month Mayor Salci recognized Niagara Sheet Metal Fabricating Ltd. for the business' 60 Anniversary. In attendance to accept the award was Founder, Myer Delduca, George Holmes, President, and Vice President General Manager, Chris Holmes. Legal Matter Public Meetings L- 2006 -43 Chief Administrative Officer Downtown Community Improvement Plan Property Acquisition and Disposition Plan The report recommends: (1) (2) a Business Plan; 2 October 30, 2006 Council Minutes Robb Caporicci Jason Diston Filip Hrga Giananthony Rizzo REPORTS 1. That with respect to Scenario 1 Council receive the within information and direct staff whether or not to proceed to negotiate the sale of City owned property to Mr. Litchman as a term of a Memorandum of Understanding. In the event that Council supports such a sale, that it further provide to Staff direction on the specific questions outlined under Scenaio 1 of this Report. 2. That with respect to Scenarios 2 and 3 Council receive the within information and direct Staff to return these matters to it for further consideration, upon the completion of the outstanding Environmental Assessment Studies related to the Gateways and Parking Structure. 3. That with respect to Scenario 4 Council receive the within information and direct Staff to return these matters to it for further consideration upon completion of: the outstanding environmental assessment studies related to the Gateways and Parking Structure; (3) due diligence related to the entity and principals with which the City would be executing a Memorandum of Understanding; and 3 October 30, 2006 Council Minutes (4) the resolution of all outstanding issues related to the Memorandum of Understanding. The City Solicitor gave an overview of the background of the Downtown Community Improvement Plan "CIP which was adopted by Council on December 6, 2004 and approved by the Ministry of Municipal Affairs and Housing on March 11, 2005. Staff has engaged in discussions with Mr. Lichtman relating to understanding his plan for implementation of the CIP and exploring property acquisition needs of both the City and Mr. Lichtman. Information was gathered about the properties and as a result staff has identified four property acquisition and disposition scenarios, each involving different considerations related to the property. Scenario 1: Disposition of Properties currently owned by the City. This scenario involves properties that are currently owned by the City which Mr. Lichtman has indicated he wishes to acquire from the City. Scenario 2: Acquisition of Properties Currently owned by Mr. Lichtman. This scenario involves properties that are currently owned by Mr. Lichtman which he would like to sell to the City for it's use in accelerating the implementation of the CIP /SIP, in particular for the implementation of the western or eastern gateways and the parking structure. Scenario 3: Acquisition of Properties from Private Landowners City's Use. This scenario involves properties that are currently held by private landowners (persons or companies) unrelated to Mr. Lichtman but which the City will need to acquire. The method of purchase would be either by way of a direct purchase with a negotiated purchase price based on the appraised value or by way expropriation in support of the City's implementation of the CIP /SIP. Scenario 4: Acquisition of Properties from Private Landowners Mr. Lichtman's Use. This scenario involves properties that are currently held by private landowners (persons or companies). The acquisition of land by negotiator or expropriation, with a subsequent sale of lands to Mr. Lichtman for inclusion in his Downtown Development Plan. There are 12 properties. Aaron Lichtman, Historic Niagara, claimed that he never suggested Scenario #4. He has insisted all along that people who live on properties in the proposed park at the eastern gateway should be allowed to remain in their homes and as they vacate their properties overtime, then the City can go ahead with the park. Mr. Lichtman is certain that he will be able to negotiate with property owners, as should the City, and expropriation will not have to be used. He felt that property sales should not be tied to the M.O.U. but he was okay with restrictive covenants. Mr. Lichtman urged that time was of the essence and that negative press is not a good thing for the project. Bill Amadio, Broderick Partners, indicated that his firm is supportive of Downtown redevelopment. He was pleased to hear that expropriation of private properties for the benefit of the developer had been taken off the table. Mr. Amadio was confident that his firm could work with Mr. Lichtman. He stressed that a polarized Council was not good for the project. John Corfield, Chartered Accountant, looked at the various financial numbers that had been bandied about. He stressed that what is proposed now is draft and that budgets are subject to change. Mr. Corfield pointed out that the impact of all municipal capital budgets was $76 million, not just the downtown. It was his opinion that the proposed tax increase per year that could be attributed to the downtown was 2.94 Tony Barranca, Treasurer of the Downtown BIA and business owner, fully supports the development downtown, he believes it should be clarified that the tax levy is not going up 20% because of downtown revitalization alone. 4 October 30, 2006 Council Minutes Shellagh Mulligan, Henry's Motel, indicated that she is in support of the downtown revitalization but would not like to see her property expropriated. Ms. Mulligan was eager to know when things would start to happen downtown. Steve King, 3915 Dorchester Road, questioned the true cost of the project and expressed concerns over the financial burden on residents. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that Council not consider Scenario 4 as outlined in L- 2006 -43. Carried Unanimously ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that with respect to Scenario 1, as outlined in L- 2006 -43, that staff be directed to proceed to negotiate the sale of City owned property to Mr. Lichtman as a term of Memorandum of Understanding (MOU); and That a valuation method of 125% of the pre -SIP value be used; and That restrictive covenants be attached to the sale of these properties to ensure that they are developed and used in a manner and time -frame consistent with the CIP /SIP and established in an MOU; and That the sale of these properties follow the provisions of the City's Sale of Lands Procedure and By -law No. 2003 -16; That with respect to Scenarios 2 and 3, Council directs Staff to return these matters for further consideration upon the completion of the outstanding Environmental Assessment Studies related to the Gateways and Parking Structure. Alderman Campbell Alderman loannoni Alderman Morocco Alderman Volpatti Mayor Salci AYE NAYE AYE AYE AYE Alderman Diodati Alderman Kerrio Alderman Pietrangelo Alderman Wing AYE NAYE NAYE NAYE Motion Carried L- 2006 -36 Chief Administrative Officer Permanently Close Portion of Grassy Brook Road and Portion of Crowland Avenue. File No. 2006 -124 The report recommends that: 1 That a portion of Grassy Brook Road being that portion located between Morris Road to the west and Montrose Road to the east and designated as Parts 2, 3, 4, 5, 6 and 7 on Reference Plan 59R -13238 (:subject lands be permanently closed. 2. That a portion of Crowland Avenue being that portion located between Grassy. Brook Road to the north and Biggar Road to the south and designated as Part 1 on Reference Plan 59R -13238 "subject lands be permanently closed. 3. That the closure of portions of Grassy Brook Road and Crowland Road be subject to public and the Developer entering into a Development Agreement with the City to be executed within six months from t he date of this Report upon terms satisfactory to both the City and the Region. The City Solicitor gave a brief background summary on the proposed closure of portion of Grassy Brook Road and Portion of Crowland Road. A request was received from the consultants for Grand Niagara Resort Inc., to permanently closed the subject lands in order to provide a more cohesive, comprehensive and exclusive resort development. At 5 October 30, 2006 Council Minutes a Council meeting of July 31S 2006, Council authorized staff to commence proceedings to permanently close the subject lands. The City Solicitor advised that public notice of the road closures was given in the Niagara Falls Review on October 21, 2006 in accordance with the Corporations By -law 2003 -16 as amended by By -law No. 2005 -213 and additional notice was given to those persons who signed in on the Public Meeting sign -in sheet at the July 31, 2006 Council meeting. John Panicetti, Grand Niagara Resorts, explained that the road closure was important to make the project work. It would allow the developer to create a village environment. Dolores Wright, 9963 Grassy Brook Road, feels that there are still options to keep Grassy Brook open and closure of access will be disappointing to the residents, as she submitted a petition of 85 names. It was her opinion that the road closure should not take place into over 50% of development had taken place. Staff pointed out that the motion in July indicated that the City would retain title and not sell the roads until a certain amount of progress had taken place. There were no such milestones to be reached for the closure of the road. ORDERED on the motion ofAlderman Kerrio, seconded by Alderman Campbell that the meeting proceed past 11:00 p.m. Carried Unanimously Dennis Boulet, 9931 Grassy Brook Road, pointed out that the course is already award winning with the current road configuration. Gordon Clendening, 9072 Grassy Brook Road, advised that the road condition is terrible and believes it should have been fixed years ago. Sherry Lair, 8218 Grassy Brook Road, advised that she is not in support of the closure of part of Grassy Brook Road. Bob Robinson, 9849 Grassy Brook Road, is not support of the road closure, he feels that plans are still to premature at this time. Ingrid Kneller, 9497 Grassy Brook Road, is in full support of this proposal including the closure of Grassy Brook. She indicated that the residents closest to the proposed closures were actually in favour of them. She estimated that it would be a mere 4 minutes of extra travel time but it would be worth it to correct the currently dangerous roads. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo that the report be approved as recommended. Alderman Campbell Alderman loannoni Alderman Morocco Alderman Volpatti Mayor Salci AYE NAYE AYE AYE AYE ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni that Council take a 5 minute break. (11:45 p.m.). Carried Unanimously Alderman Diodati Alderman Kerrio Alderman Pietrangelo Alderman Wing AYE AYE AYE NAYE Motion Carried That passage of the amending zoning by -law be subject to: 6 October 30, 2006 Council Minutes PLANNING MATTERS PD- 2006 -92 Chief Administrative Officer Zoning By -law Amendment, AM- 35/2003, 6361 Fallsview Boulevard, 6408 Stanley Avenue and Associated Off -Site Lands, Applicant: 876891 Ontario Ltd., 1140464 Ontario Inc. And 1229142 Ontario Inc., Agent: Ed Lustig, Broderick Partners, Modifications to Proposed Expansion to the Hilton Hotel. The report recommends that Council approve modifications to the approved Zoning By -law amendment for the proposed Hilton Hotel expansion, consisting of the following: a building height of 172 metres (564 feet) with a rooftop architectural feature of 6 metres; a gross floor area of 153,000 square metres 1,647,000 square feet); and revisions to the massing and architectural detailing of the new tower and podium and function of the atrium complex, as detailed in the report; and execution of a Section 37 agreement based on a $1,200,000 capital facilities contribution directed to the Niagara Falls Arena project and a street scaping contribution of $285,000 directed to streets works on abutting street frontages; execution of a site plan agreement; and a revised traffic and parking study to the satisfaction of the City. The Clerk advised that the purpose of this public meeting was to con sider modifications to the Proposed Expansion to the Hilton Hotel, 6361 Fallsview Boulevard, 6408 Stanley Avenue and Associated Off -Site Lands. He advised that Notice was given by First Class mail in accordance with the Planning Act on Friday, September 29, 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 sire plan process, if applicable, shall leave their names on the sign in sheet outside Council Chambers. The Director of Planning and Development reviewed the recommendations and provided the following information. Background In 2004 Council approved an application to amend the City's Official Plan and Zoning Bylaw for a new 58 storey hotel on the site of the existing Hilton Hotel. The majority of parking was to be located on site or on the adjacent Jungleland site with some temporary parking located on the Hydro corridor west of Allendale Ave. An amendment to the City's OP was adopted for the proposed project and subsequently approved by the Region. In the process of finalizing the design of the project, a number of zoning modifications became evident. An application to finalize zoning details was submitted with the following changes proposed: An increase in the gross floor area from 130,000 sq m (1,410,000 sq ft) to 153,000 sq m (1,647,000 sq ft) Revised siting and massing of the new tower, shifting the tower back slightly from Murray St. and Fallsview Blvd and slightly increasing the depth of the tower; and Replacing the theatre with a multi purpose atrium including restaurants (buffet style) and performance areas for hotel and convention centre guests. Applicant has removed 6 storeys from the proposed hotel tower (from 58 occupied floors to 52). The revised height of the hotel is 171 m (561 ft) with a decorative cupola feature that projects a further 6m (20 ft). 7 October 30, 2006 Council Minutes Other than the above, there are no other changes to the form and function of the hotel tower from what Council reviewed in 2004. Planning Analysis Official Plan The modified design of the project conforms with the OP OPA 56 permits the development of a new hotel tower in addition to the 15 and 32 storey hotel buildings which currently exist on the site. Although OPA 56 specifies a maximum building area of 130,000 sq. m. (1,410,000 sq ft), there is sufficient flexibility in this policy to consider revisions to floor areas. The final design of the project has a gross floor area of 153,000 sq m (1,647,000 sq ft). Most of the floor area increases appear to be attributable to additional parking garage area, maintenance areas, mechanical levels in the tower and a larger pool /spa area, all of which do not generate more parking or traffic demands. Actual parking requirements will be determined through the submission of a traffic and parking report that demonstrates the provision of adequate parking and road infrastructure. Section 37 Public Benefits All projects between 4 and 30 storeys in height are required to contribute to streetscape improvements on abutting streets. It was reported to Council in 2004 that the applicant would be required to provide a contribution for the full cost of the street scaping along the Murray St. and Stanley Ave. frontages. As the Fallsview Casino's street scaping contribution for Fallsview Blvd does not extend to other properties, the applicant has also agreed to contribute to the cost of street scaping on the Fallsview Blvd frontage of the new development. The cost for the three affected street frontages is estimated to be $285,000. The applicant has also agreed to complete the streetscaping on the Murray St. frontage of the Jungleland parking lot. A letter of credit to secure this work will be collected. Developments are also required to make a cash contribution to one or more specific projects in exchange for a height increase over 30 storeys. Through the adoption of OPA No. 56, Council negotiated a cash contribution of $1,200,000 to be directed to one or more of the following projects: Niagara Falls Arena, Millennium Trail, Hydro corridor trail and buffering and the Niagara Falls Community Centre projects. The applicant prefers to have the contribution directed to the Hydro Corridor trail project, but as the project has not yet been initiated, staff is recommending the contribution be directed towards the Niagara Falls Arena project. Parking Council previously approved the following standards for this project as justified by a parking demand study: An increased site specific standard of 0.8 parking spaces per hotel room; and 7.9 spaces per 100 sq m of convention centre space and no required parking for ancillary restaurants or retail space. As there are now about 60 fewer hotel rooms, there will be a reduction in parking requirements, however, this may be offset by the increase in occupancy for the restaurants. A parking study update is underway and needs to be completed to the satisfaction of the City prior to passage of the amending bylaw to ensure that the above noted standards are still applicable. 8 October 30, 2006 Council Minutes Approximately 910 parking spaces will be required. These spaces will be provided in accordance with Council's previous approval which includes some temporary off site parking on the hydro corridor west of Allendale Ave. (3 year temporary use bylaw) Proposed Zoning By -law Amendment The proposed bylaw to permit the new hotel and podium construction would contain regulations to ensure the following: A maximum building height of 172 m. above Fallsview Blvd plus decorative features such as cupolas, consistent with previous high rise hotel approvals; The floor area, restaurant seating and convention area is restricted to what is proposed; Parking stackers are provided at a proper standard; and The applicant enters into a Section 37 agreement to secure the contribution for capital facilities and streetscape improvements. Site Plan Agreement Under the terms of OPA 56, a site plan agreement is to be executed for the development prior to passage of the amending bylaw. In addition to the normal matters secured under site plan control, the agreement will secure the installation of parking stackers in the parking garage at the expiry of the temporary use bylaw for the off site parking and the installation of streetscaping of the south side of Murray St. abutting the Jungleland site. When Council considered this matter in 2004, the site plan agreement for the existing 32 storey Hilton Hotel development had not yet been executed. Since that time, the agreement has been executed, registered on title and securities received. Conclusion The requested changes to the proposed Hilton Hotel can be supported for the following reasons: The revised proposal is in keeping with the intent of the Official Plan and the site specific OPA No. 56; The proposal has been satisfactorily reviewed by the Architectural Peer Review Panel; and The additional floor area is not expected to have an impact, subject to confirmation by a traffic and parking report. The amending bylaws will restrict the development to what is proposed on the site plans presented and will permit parking on the Allendale site (Parcel 3) on a temporary basis only. A Section 37 agreement will be executed prior to passage of the amending bylaw to secure the $1,200,000 million contribution for capital projects and the $285,000 contribution for streetscape improvements outlined in this report. A site plan agreement will be executed prior to passage of the amending bylaw and will include measures to secure the required parking stackers. RECOMMENDATION That Council approve the recommendations set out in staff report PD- 2006 -92 to implement the modified design of the Hilton Hotel project. Mayor Salci advised that failure to make an oral 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. October 30, 2006 Council Minutes Ed Lustig, Broderick Partners, agent for the applicant, indicated that he and his client are happy with all respects of the report. Also present was Stan Downey, architect for the development. It was indicated that the peer review was exemplary, that the developer had contributed to streetscaping, outlined the public benefits proposed under section 37, that the additional floor area would have no impact and that the height has actually been cut down. Mayor Salci advised that the Public Meeting with regard to AM- 35/2003 is now closed. ORDERED on the motion of Alderman loannoni, seconded by Alderman Morocco that the report be approved as recommended. Carried Unanimously with Alderman Kerrio declaring a conflict. PD- 2006 -91 Chief Administrative Officer Zoning By -law Amendment Application, AM-33/2006, 4037 LonghurstAvenue, Applicant: Niagara Support Services, Proposed Community Building. The report recommends Council approve the Zoning By -law amendment application to permit the Stamford Volunteer Fireman's Association service club building to be used as a community building day programs for developmentally disabled adults), subject to the standards discussed in the report. The Clerk advised that the purpose of this public meeting was to consider a zoning by -law amendment application to consider a proposed Community Building, 4037 Long hurst Avenue. He advised that Notice was given by First Class mail in accordance with the Planning Act on Friday, September 29, 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 outside Council Chambers. The Director of Planning and Development reviewed the recommendations and provided the following information. Background: Niagara Support Services has requested an amendment to the Zoning Bylaw for a 0.13 ha (0.3 ac) parcel of land known as 4037 Longhurst Ave. The Stamford Volunteer Fireman's Association service club building exists on this site. The amendment is requested to permit this building to be used in its entirety as a community building (day programs for developmentally disabled adults as well as occasional evening social events.) Planning Analysis Official Plan The subject lands are designated Residential in the Official Plan. This designation permits a variety of ancillary uses including community buildings provided that they are compatible with surrounding the neighbourhood The proposed use is compatible as follows: The building and parking area have existed in its present form for some time. A measure of compatibility has evolved over the years between the service club Zoning The lands are zoned Residential Single Family 1 E Density (R1 E). A site specific amendment to this zoning is requested to add a community building as a permitted use. to recognize the size and location of the existing building on the property; Site Plan Improvements A considerable amount of vegetation has grown up along the existing chain Zink fence which buffers adjacent residential properties. Additional landscaping could be considered in the front of the building. As well, improvements could be made to the configuration of parking stalls and the vehicle drop off area. These matters will be addressed by the applicant. Conclusion The requested amendment to permit the community building on the land can be supported for the following reasons: 10 October 30, 2006 Council Minutes use and the surrounding residential neighbourhood. Fewer persons will utilize the facility compared to its previous use as a service club. A minimal amount of traffic will be generated by the proposed new use. The use complies with the Official Plan policies with respect to ancillary uses in residential areas. The existing building and site development have achieved a degree of compatibility with surrounding residences and no expansions of the building are proposed. The minimal amount of traffic generated by this use is not expected to impact on the surrounding residences. Recommendation It is recommended that Council approve the Zoning Bylaw amendment application to permit the Stamford Volunteer Fireman's Association service club building to be used as a community building (day programs for developmentally disabled adults), as outlined in staff report PD- 2006 -91. 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. Lorna Anstruther, 4075 St. James Avenue, believes that there are parking issues on Longhurst Avenue. She would like to see the parking remain in the rear of the building and have no parking on the street. Mrs. Anstruther also had a concern with the idling of vehicles. Andrew Lewis, Acting Chief Executive Officer, Niagara Support Services, is in favor of working with residents. He advised that safety is of the upmost importance to them and indicated that there will be a minimum of drop off and pick ups so any vehicles should not be idling long. He also advised that with a bit of time the landscaping will be improved around the property. 11 October 30, 2006 Council Minutes Donna Holland, 4046 LonghurstAvenue, expressed concern with the zoning on the Town Country Florist parking lot property. Mayor Salci advised that the Public Meeting with regard to AM- 33/2006 is now closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that the report be approved as recommended. Carried Unanimously ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni that staff investigate parking issues in the lot across from Town Country Florist. Carried Unanimously PD- 2006 -93 Chief Administrative Officer Recommendation Report Edgewood Estates Draft Plan of Subdivision 26T -11- 2006 -01 Revised), Zoning By -law Amendment Application AM- 25/2006, Owner: 1473944 Ontario Limited. The report recommends that: 1 That the Edgewood Estates Plan of Subdivision be draft approved subject to the conditions in the attached Appendix. 2. That 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. 3. 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. 4. That 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. The Clerk advised that the purpose of this public meeting was to consider a zoning by -law amendment to consider the recommendation report Edgewood Estates Draft Plan of Subdivision. He advised that Notice was given by First Class mail in accordance with the Planning Act on Thursday, October 5, 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 outside Council Chambers. The Director of Planning and Development reviewed the recommendations and provided the following information: Site Plan The applicant proposes to subdivide a 36.02 ha (89 ac) site into 241 lots for Single detached dwellings, two blocks of land multiple residential use (108 townhouse units), a stormwater management area, active parkland and connecting links and an Environmental Protection Area. Planning Analysis Official Plan The City's OP designates the majority of this property "Residential" Southwest portion is designated "Open Space" 12 October 30, 2006 Council Minutes Garner Neighbourhood Secondary Plan The Garner Neighbourhood Secondary Plan provides a detailed planning framework to guide development in this area. The Garner Plan promotes the preservation of woodlands, the provision of suitably located parks and interconnecting trail systems. The plan also promotes a variety of housing types to be developed. The overall objective is to achieve a housing mix of 70% single /semi detached units and, 30% multiple residential units. This subdivision proposes 69% single detached and 31 townhouse units. Preservation of Woodlands The woodlot in the southwest section of the plan is a Provincially Significant Wetland (PSW). Development is prohibited in such wetlands and Provincial policies only allow development on adjacent lands (within 120 m.) where it is demonstrated that there will be no negative impact. The applicant submitted an Environmental Impact Study that was reviewed and accepted by the Region. There is also a small woodlot to the east which provides a natural buffer for the PSW located in the Deerfield Estates plan of subdivision The PSW and woodlot will be zoned Environmental Protection area to preclude development. The applicant proposes to give these blocks to the municipality. Active Parkland Recreational Trail Staff have worked with the developer of this subdivision as well as the developer of the Deerfield Estates subdivision to establish a centrally located neighbourhood park to serve this area. Recreational trail linkages have also been provided to serve as an additional recreational amenity. South of the hydro corridor, this trail is to be extended along the open stormwater drainage channel to McLeod Rd. A separate trail route out to Garner Rd. is not recommended by staff as access can be provided through hydro lands. Zoning The site is currently zoned Development Holding (DH) Applicant has requested the zoning of the land be changed as follows: to Residential Single Family 1 E Density (R1 E) zone for the single detached lots, to Residential Low Density, Grouped Multiple Dwellings (R4) zone for the multiple residential blocks. to Open Space (OS) zone for the parkland and trail; and, to Environmental Protection Area (EPA) zone for the Provincially Significant Wetland (Block 248) and woodlot. 13 October 30, 2006 Council Minutes The requested R1 E zone for the single detached lots is the same category as the majority of lots in the neighbourhood. Site Plan Control or condominium approval will be required for the townhouse blocks. Conclusion The Edgewood Estates Draft Plan of Subdivision represents an appropriate form of development for the site. The application is consistent with the Provincial Policy Statement, and complies with the policies of the Official Plan and Garner Neighbourhood Secondary Plan. The recommended Zoning Bylaw amendment will provide suitable regulations for the construction of the dwellings and also to protect the Provincially Significant Wetland and woodlot. The required conditions of subdivision approval are listed in the appendix of report PD- 2006 -93. Recommendation It is recommended that The Edgewood Estates Plan of Subdivision be draft approved as per the recommendations set out in report PD- 2006 -93. 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. Ken Moore, Niagara Falls Gold Club, indicated that he is in favor of the development as it will eliminate flooding in the area, especially with the provision of a reservoir. Martin Heikoop, Upper Canada Consultants, has worked with staff to create the plan, he supports all the recommendations made in the report. Mayor Salci advised that the Public Meeting with regard to AM- 25/2006 is now closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that the report be approved as recommended. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENT Mayor Salci advised that a letter of condolence was sent to Geri Fazakas, a city employee, on the loss of her mother Ethel Fazakas. Mayor Salci advised of some recent events: October 25 the Mayor had an opportunity to meet with the Canadian Ambassador to the US, Mr. Michael Wilson along with the other Cross Border Mayors. On October 20 Niagara Falls hosted the Casino International Marathon, which was a complete success, he thanked the competitors and the organizers for making the event a success. Mayor Salci advised of some upcoming events: November 4 at 5:00 p.m. in Queen Victoria Park will be the official kick off of the 24 Annual Winter Festival of Lights. November 3' there will be a fundraiser in memory of Matthew Daniele at John Michael's Banquet Hall at 7:00 p.m. 14 October 30, 2006 Council Minutes COMMUNICATION AND COMMENTS OF THE CITY CLERK 1. Downtown Niagara Falls Board of Management request that City Council ratify the appointment of Ulrike Gross to the Downtown Board of Management RECOMMENDATION: For the Approval of Council 2. Niagara Falls Optimists- request that Council proclaim the week of November 19- 25, 2006 as Youth Appreciation Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion Volpatti, seconded by Alderman loannoni that all the communications 1 2 be approved. 3. Multicultural Network of Niagara Falls request that November 12 -18, 2006 be designated as ESL Week English as a Second Language) in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni that the communications be approved. Carried Unanimously RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo that the actions taken in Community Services, on October 30, 2006 be approved. Carried Unanimously 1) That the minutes of the October 16, 2006 meeting be approved. 2) That a stop sign be installed at the intersection of Brookdale Drive and Michael Street facing eastbound motorists on Michael Street 3) That the intersection control measures for Stamford Street at MacDonald Avenue be implemented. 4) That the City proceed with negotiations for the acquisition of the property requested for the extension of St. Michael's Avenue. 5) That the permit parking zone on the north side of Keith Street between Sinnicks Avenue and point 165 metres west of Sinnicks Avenue be reduced by 16 metres and staff to review the on- street parking on Keith Street. 6) That an all way stop be installed at Kalar Road and Rideau Street. 7) That the 3 year agreement with 3C North America for the Secure Transfer of Credit Card Information between the Hectronic Pay and Display Parking Machines and the City's Bank be approved. 8) That the interim amendments passed for the City's existing sign by -law expiring on October 31, 2006 be extended until January 31, 2007. 15 October 30, 2006 Council Minutes 9) That a variance for the sign currently installed on Optimist Club property be approved subject to the proponent paying an additional $600.00 in sign permit fees and preserving the spruce trees in the vicinity of the sign. 10) That the Consolidated Financial Statements be received for the information of Council. 11) That the City cost share with CP Rail on a feasibility study for the re -use of the railway bridge at a cost of $32,500.00. 12) That staff investigate a Kiss Ride Program at Martha Cullimore School. ORDERED on the motion of Alderman loannoni, seconded by Alderman Pietrangelo that Council move into a brief In Camera Session. Carried Unanimously RATIFICATION OF "IN CAMERA" ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that the actions taken in the In Camera meeting, on October 30 2006 be approved. Motion Carried with Alderman loannoni and Wing opposed to 2. 1. The City rejects JDS' latest proposal because it does not meet the principles outlined in the City's counter offer; and That staff continue to proceed with plans for the community pads on the proposed existing site. 2. That a portion of Grassy Brook Road being that portion located between Morris Road to the west and Montrose Road to the east and designated as Parts 2, 3, 4, 5, 6 and 7 on Reference Plan 59R -13238 "subject lands declared surplus, offered for sale, and the proposed purchaser pay for all costs associated with the sale including the cost of an appraisal, reference plan and all notices, with the sale not to close until Spring 2007 after the Developer has started construction of the residential units. That a portion of Crowland Avenue being that portion located between Grassy Brook Road to the north and Biggar Road to the south and designated as Part 1 on Reference Plan 59R -13238 "subject lands be declared surplus, offered for sale, and the proposed purchaser pay for all costs associated with the sale including the cost of an appraisal, reference plan and all notices, with the sale not to close until Spring 2007 after the Developer has started construction of the residential units. REPORTS 16 October 30, 2006 Council Minutes CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. L- 2006 -42 Ascot Woods Ltd. Conveyance to the City Part 6 on Reference Plan 59R- 7160 and Part Block A on Plan M -78. It is recommended that Council approve the conveyance of Part 6 on Reference Plan 59R -7160 and Part Block A on Plan M -78 "subject lands from Ascot Woods Ltd. to The Corporation of the City of Niagara Falls "the City with no conditions of conveyance and at no charge to the City. L- 2006 -40 Niagara Falls Hydro Holding Corporation, Niagara Falls Hydro Inc., Niagara falls Hydro Services Inc. Annual Resolutions, File No. 2002 -56. It is recommended that the Mayor, being the shareholder's representative of Niagara Falls Hydro Holding Corporation, Niagara Falls Hydro Inc. and Niagara Falls Hydro Services Inc., be authorized to execute the Annual Resolutions of these three Corporations for the year ended December 31, 2005, as set out in Appendices 1, 2 and 3. MW- 2006 -127 Development Charges By -law Amendment Consulting Engagement It is recommended that the services of C.N. Watson and Associates be engaged to complete the necessary studies and supporting documents required to amend the current Development Charges By -Law By -Law #2004 -138) to permit the development charge exemption program set out in the Downtown, Brownfield and Historic Drummondville Community Improvement Plans. MW- 2006 -114 Grassy Brook West Area Watermain Contract 2006 160 -05. It is recommended that the unit prices submitted by the lowest tender DeRose Bros. be accepted and that the Mayor and City Clerk be authorized to execute the necessary agreement. MW- 2006 -123 Grassy Brook West Area Watermain and Sanitary Sewer Inspection Consultant Agreement. It is recommended that City Council engages the services of Philips Engineering to provide inspection services for the Grassy Brook West Area Watermain and Sanitary Sewer Construction Projects at an upset limit of 195,000 (plus GST) to be funded in full from the Development Charges Reserve Fund and that Council authorizes the Mayor and City Clerk to sign an agreement with Philips Engineering. MW- 2006 -129 Tender #T -12 -2006 Section 3 High Pressure Combination Sewer Cleaner. It is recommended that the tender for the purchase of a Vac -Con High Pressure Combination Sewer Cleaner be awarded to Novajet Inc., Markham, Ontario at a total cost of 343,470.60 including taxes. MW- 2006 -133 City Facilities Energy Conservation Feasability Study. It is recommended that Council authorizes Ainsworth Inc. to proceed with preparation of the Energy Conservation Feasability Report for the quoted cost of 12,000. The cost of the Feasability Study should Council decide to proceed to implementation of the Energy Conservation project will be funded through the annual energy savings. FS- 2006 -10 Resuscitation Outcomes Consortium (R.O.C.) Study. It is recommended that the Mayor and Clerk be authorized to enter into an agreement to allow Niagara Falls Fire Services to participate in the R.O.C. Study, subject to the approval of Legal Services; 17 October 30, 2006 Council Minutes and That Council authorize the sale of the existing defibrillation units (6); and That the proceeds of the sale of existing equipment be used to offset the service agreement. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni that the reports be approved. Carried Unanimously 2006 -194 BY -LAW FOR SALE OF LANDS A by -law to authorize the execution of an Offer to Purchase from Arduino Pizzicarola respecting the purchase of lands, being Part Lot 1 Plan 264 Village of Chippawa; in the City of Niagara Falls, in the Regional Municipality of Niagara. BY -LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati that the by -laws be given a first reading. Carried Unanimously 2006 -195 A by -law to authorize the execution of a Subdivision Agreement with River Realty Development (1976) Inc. respecting Deerfield Estates Subdivision. 2006 -196 A by -law to amend By -law No. 2002 -81, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. 2006 -197 A by -law to authorize the execution of a Transfer /Deed from Ascot Woods Ltd. to The Corporation of the City of Niagara Falls respecting the conveyance of lands, being Part 6 on Reference Plan 59R -7160 and Part Block A Plan M -78; in the City of Niagara Falls, in the Regional Municipality of Niagara. 2006 -198 A by -law to establish a Compliance Audit Committee, as per the Municipal Elections Act, 1996, as amended. 2006 -199 A by -law to provide for hours of voting on election day and reduced hours of voting in institutions and retirement homes. 2006 -200 A by -law to authorize the execution of an Assignment of Purchase and Sale between 1473944 Ontario Limited and Peter M. Aleo and Angie Aleo to The Corporation of the City of Niagara Falls, respecting a portion of easement lands. 2006 -201 2006 -202 A by -law to amend By -law No. 79 -200, to regulate a neighbourhood commercial development and to repeal By -law No. 92 -938. 2006 -203 A by -law to authorize the execution of an Agreement with 3C North America Corporation, respecting the supply of credit card transaction processing services to the City. A by -law to authorize the execution of a Consulting Agreement with URS Corporation- New York respecting services for the Niagara Falls People Mover Project Ridership and Revenue Study. 2006 -204 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 30 day of October, 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 18 October 30, 2006 Council Minutes ORDERED on the motion of Alderman loannoni, seconded by Alderman Moroccothatthe meeting be adjourned at 1:05 a.m. Carried Unanimously Tiapt___ e DEAN IORF A, CITY CLERK R.T. (TED) SALCI, MAYOR