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2006/10/16SEVENTEENTH MEETING IN CAMERA MEETING REGULAR COUNCIL MEETING ADOPTION OF MINUTES Committee Room 2 October 16, 2006 Council met on Monday, October 16, 2006 at 4:30 p.m. in an In Camera Session All members of Council were present. Alderman Campbell presided as Chairman. Following consideration of the items presented, the In Camera Session did arise in open session. DEAN IORFID CITY CLERK R.T. (TED) SALCI, MAYOR Council Chambers October 16, 2006 Council met on Monday, October 16, 2006 at 7:20 p.m. for the purpose of considering Regular /Planning Business matter. All members of Council were present. Alderman Volpatti offered the Opening Prayer. Following the Opening Prayer, Jenna Grecco, a grade 3 student at Notre Dame Elementary sang the National Anthem. A moment of silence was recognized for Niagara Falls native, Corporal Robert Mitchell, our fallen solider. ORDERED on the motion ofAlderman Morocco seconded by Alderman Pietrangelo that the minutes of September 25 2006 be approved as printed. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Alderman loannoni indicated a pecuniary interest to cheque no. 304742, made payable to her spouse. Alderman Pietrangelo indicated a pecuniary interest to cheque no. 304770 made payable to the Niagara Catholic School Board, his employer. Alderman Wing indicated a pecuniary conflict to cheque numbers 304780 and 304927 which were made payable to the Niagara Parks Commission, she own property with a NPC employee. Alderman Morocco indicated a pecuniary interest to cheque numbers 304456 and 304778 which were made payable to her place of employment,Niagara Falls Tourism and also to cheque no. 304312 which was made payable to her spouse. Alderman Kerrio indicated a conflict with PD- 2006 -86 as he is in negotiations with a neighbouring property. Alderman Campbell indicated a pecuniary interest to cheque no. 304713 which was made payable to the District School Board, being his employer. Mayor Salci indicated a pecuniary interest to cheque no. 304801 and 304802 which were made payable to himself. Park In the City DEPUTATIONS /PRESENTATIONS Mayor Salci congratulated and presented a plaque. to Mr. Frank Fohr for his dedication and contribution to the City. Mr. Fohr was presented with the 2006 City's Environment Award. Pat Mascarin and Carol Johnson, members of the Niagara Falls Park in the City Committee and the Environment/Tidiness Subcommittee were present. An invitation was extended to all of Council and the residents of Niagara Falls to join the volunteers at the "Falls Community Clean Sweep Day" at Oakes Park on Saturday, October 28, 2006, 8 -12 noon. She offered a clean sweep challenge to all of the municipal candidates. The candidate with the most bags of garbage picked up will win the grand prize. Bill 118 ORDERED on the motion of Alderman loannoni, seconded by Alderman Morocco thata New Business item be brought forward now. Carried Unanimously NO. 11 IOANNONI WING That Niagara Falls City Council call on the Provincial Government to review the Workplace Safety Insurance Act in order to ensure that firefighters and their families receive fair and timely compensation for illness or disease that is attributable to their work as firefighters; and that the motion be forwarded to the Association of Municipalities of Ontario and the Federation of Canadian Municipalities. Carried Unanimously UNFINISHED BUSINESS 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. October 16, 2006 Council Minutes Aaron Lichtman, Historic Niagara, reiterated his desire to make things happen in the downtown. He believes the success of the project is dependant on the people wanting the project to happen. Cal Beresh, Downtown BIA, expressed the opinion that passing the motion on the floor would send a mixed message regarding Council's commitment to the Downtown. He outlined how the monies identified in the budget were essential for infrastructure and parking and that the expenditure would benefit all residents. David Hagarty, Downtown BIA, indicated that the board is disturbed with the thought of limiting the money for downtown and unfair jaundicing of the project in the media. He urged Council to turn down the motion tonight. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that the motions of May 29 related to the Downtown Revitalization Capital project be reconsidered. Alderman Campbell Alderman loannoni Alderman Morocco Alderman Volpatti Mayor Salci Alderman Campbell Alderman loannoni Alderman Morocco Alderman Volpatti Mayor Salci Alderman Campbell Alderman loannoni Alderman Morocco Alderman Volpatti Mayor Salci The report recommends that: NAYE AYE AYE AYE AYE Motion Carried ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing 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. NAYE AYE NAYE NAYE NAYE Motion Defeated ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell to reaffirm the motions of May 29 identifying $36 million in the capital projects budget for Downtown Revitalization and that the City continue to pursue equal funding from the superior levels of government. AYE NAYE AYE AYE AYE PLANNING MATTERS Alderman Diodati Alderman Kerrio Alderman Pietrangelo Alderman Wing Alderman Diodati Alderman Kerrio Alderman Pietrangelo Alderman Wing Alderman Diodati Alderman Kerrio Alderman Pietrangelo Alderman Wing AYE AYE AYE AYE NAYE AYE AYE AYE AYE NAYE NAYE NAYE Motion Carried PD- 2006 -79 Chief Administrative Officer Final Report Historic Drummondville Main Ferry) Community Improvement Plan. 1) That Council endorse the background documents to the Historical Drummondville Community Improvement Plan consisting of the Land Use Plan and Conceptual Urban Design Guidelines. 4 October 16, 2006 Council Minutes 2) That Council pass a by -law (following the Niagara Region's approval of the City's OPA 65 dealing with updated Community Improvement Policies) to designate the Community Improvement Project Area as contained in the Historic Drummondville Community Improvement Plan dated September, 2006. 3) That Council pass a by -law (following the Niagara Region's approval of the City's OPA 65) to adopt the Historic Drummondville Community Improvement Plan, dated September, 2006 and that the Plan be forwarded to the Ministry of Municipal Affairs and Housing for approval. 4) That Council direct staff to proceed with the Implementation Actions as contained in the CIP including the establishment of an Implementation Committee who will be responsible for developing a detailed strategy of project costs and phasing.. 5) That Council provide financial support for the implementation of the CIP through the inclusion of $100,000 in the 2007 budget to initiate the implementation of the Plan and the proposed financial incentive programs. Luciano Piccioni of RCI Consulting gave a presentation and outlined the CIP process beginning with the SWOT Analysis Report. He identified the need for improved building maintenance and diminishment of sign pollution. Mr. Piccioni indicated that the success fo the plan was contingent upon developing the historical character of the area, delineating the gateways to the area, providing a vibrant retail shopping district, focusing on the medical /commercial precinct and improving the existing market. He also touched on the incentive programs consisting of the Commercial Buildings and Facade grant program, the revitalization grant program, the residential loan program, the Peer Robinson Residential Rehabilitation Grant program and the development charge exemption program. 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 had not made an oral or written submission at the Public Meeting. Ruth -Ann Nieuwesteeg, Chair of the Main Ferry BIA, stressed that they are looking forward to Council's support for the CIP. She outlined the problems experienced in the area: vacancy, crime, lack of building maintenance but also focused on the areas strengths: historical aspect fo the area, its central location to most areas of Niagara Falls and the fact that it is a transportation hub. Ms. Nieuwesteeg also outlined efforts to combat crime and thanked the police for their assistance. Bill Smeaton, Regional Councillor, expressed his support for the project. He vowed to assist with exemptions under the Region's Development Charges by -law. Paula Berketo, 7231 Rolling Acres Crescent, landscape architect, fully supports the adoption of the CIP. She had been worjking with the BIA on a streetscape plan but she would be more than willing to work under the design guidelines proposed. Dr. Sari Daniel, who has a medical practice at 5668 Main Street, was pleased with the focus on the medical corridor. She received clarification on what was proposed for the market. Steve Willis, Marshall Macklin Monaghan, indicated that the Vintner's market proposed was a starting point but that most successful markets develop over time taking on the culture of the area. Vijay Kapur, 5821 Main Street, advised that he is in favor of the proposal and received clarification of the boundaries of the improvement area. Mayor Salci advised that the Public Meeting with regard to Historic Drummondville (Main& Ferry) Community Improvement Plan is now closed. 5 October 16, 2006 Council Minutes ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni that the recommendations 1 -5 be approved with an amendment that the use of expropriation not be an option. Motion Defeated ORDERED on the motion of Alderman Kerrio, seconded by Alderman Morocco that the report be approved as recommended. Carried Unanimously PD- 2006 -84 Chief Administrative Officer Zoning By -law Amendment Application, AM- 14/2006, Southwest Corner of Montrose Road and Preakness Street. Applicant: Goldmanco, Agent: Fred Paul, Hynde, Paul Associates, Proposed Neighbourhood Commercial Plaza. The report recommends that Council approve the Zoning By -law amendment application to permit revisions to a site specific Neighbourhood Commercial (NC -322) zone as outlined in this report, including increasing the permitted floor area of a single retail store to 1,583 square metres (17,203 square feet). The Clerk advised that the purpose of this public meeting was to consider a zoning by -law amendment application to consider a proposed neighbourhood commercial plaza, Southwest Corner of Montrose Road Preakness Street. He advised that Notice was given by First Class mail in accordance with the Planning Act on Friday, September 15, 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 The applicant has requested an amendment to the Zoning Bylaw for a 3 acre (1.22 ha) parcel of land on the southwest corner of Montrose Rd and Preakness St. In 1992 Council rezoned the lands to a site specific Neighbourhood Commercial zone, which permitted the development of a 3,550 sq. m. (38,200 sq ft) plaza while restricting the floor area of each retail store to 450 sq m (4,844 sq ft). The site has not yet been developed. The site specific zoning is requested to be changed to reduce the floor area of the commercial development to 2,851 sq m (30,688 sq ft) and to permit a retail store (drug store) with a floor area of 1,583 sq m (17,023 sq ft) Planning Analysis Official Plan The property is designated Residential in the City's Official Plan. Neighbourhood commercial facilities are permitted within this designation. Store sizes are typically limited to 450m or Tess in neighbourhood commercial centres. Given that the applicant wishes to locate a Shoppers Drug Mart on the site which was well in excess of the maximum store size permitted, a market study was submitted. 6 October 16, 2006 Council Minutes The study demonstrated that the proposed Shoppers Drug Mart would function as a neighbourhood commercial facility with no impact on existing drug stores located in larger commercial centres. Zoning The site is currently zoned Neighbourhood Commercial which permits the development of a 3550 sq. m. (38,200 sq ft) plaza. Individual store sizes are restricted to a maximum of 450m (4,844 sq ft). In order to accommodate the development, the applicant has requested modifications to several site specific zoning provisions: Reduce the permitted floor area of the commercial development Permit a drugstore convenience retail store Reduce the heights of the buildings from 10 m. (33 ft) to 6 m. (19.7 ft) to accommodate a single storey design which will be in keeping with the 1 -1.5 storey built form of the surrounding development. Locate the building closer to Preakness St. (5m setback vs. 20 m.) and Montrose Rd (6m setback vs. 26m) which will allow the parking to be relocated to the centre of the site which promotes a more pedestrian friendly environment. Highlights The proposed drug store will be permitted to have an enlarged floor plate The overall size of the commercial plaza will be reduced. Building heights will be reduced to accommodate a single storey design. Setbacks will be modified to reflect the proposed location of the buildings. In addition to the foregoing, Provisions requiring landscaping strips of 3m (10 ft) and 6m (19.7 ft) are recommended to be included in the amending bylaw to improve the appearance of the plaza and to ensure the residences on Ascot Circle are adequately buffered. Landscaping, lighting, access and pedestrian circulation will be secured through a site plan agreement. Conclusion The application can be supported for the following reasons: The proposed development conforms to the intent of the Official Plan with respect to neighbourhood commercial areas. A market study, demonstrating that the proposed drugstore /convenience retail store will not negatively impact on existing drugstores and other commercial areas, has been satisfactorily completed. The Zoning By law amendment will implement height and building setbacks and will require the provision of landscape strips to ensure development does not impact on surrounding properties. Site Plan control will further regulate the development and will implement the recommendations of a required traffic study. Recommendation 7 October 16, 2006 Council Minutes It is recommended that Council approve the Zoning By -law amendment application to permit revisions to a site specific Neighbourhood Commercial (NC -322) zone as outlined in this report, including increasing the permitted floor area of a single retail store to 1,583 sq. m. (17,203 sq ft). 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. Cheryl Evans, 7716 Preakness, expressed her concerns with the traffic in the area. She asked that traffic calming measures be looked into. In response to her inquiry, it was indicated that the Region was opposed to having both ingress and egress off of Montrose Road. Brian Sinclair, owner, Ascot Woods, advised of the many efforts to develop the land. He also indicated that the Shoppers Drug Mart would be Tess intrusive and would provide a variety of services to nearby residents. Fred Paul, agent for the applicant, advised that a traffic study indicating that the area can handle the traffic volumes and that recently installed traffic signals should help alleviate traffic difficulty on Preakness. Nonetheless, the developer would be willing to contribute to traffic calming measures. He advised that this application is a reduction in size for what it is actually zoned for. Mr. Paul showed plans with the landscaping detail and building configuration, which will help buffer the neighbours. Mayor Salci advised that the Public Meeting with regard to AM- 14/2006 is now closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell that the report be approved as recommended. Carried Unanimously ORDERED on the motion of Alderman Volpatti, seconded by Alderman Wing that staff investigate traffic calming measures on Preakness and have the applicant contribute when the measures are established. Carried Unanimously PD- 2006 -86 Chief Administrative Officer Zoning By -law Amendment Application, AM- 31/2006, South Side of Dixon Street Between Level Avenue and Cleveland Avenue, Applicant: Rudan Holdings, Agent: Wayne Thomson, Proposed Temporary Use By -law for a Surface Parking Lot. The report recommends that Council approve the application for a temporary use by -law to locate a surface parking lot on the subject land, for a further three- year period, subject to the standards outlined in this report. The Clerk advised that the purpose of this public meeting was to consider a zoning by -law amendment to consider a proposed temporary use by -law for a Surface Parking Lot, South Side of Dixon Street between Level Avenue and Cleveland Avenue. He advised that Notice was given by First Class mail in accordance with the Planning Act on Friday, September 15, 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. 8 October 16, 2006 Council Minutes The Director of Planning and Development reviewed the recommendations and provided the following information: Background: Rudan Holdings has requested an amendment to Zoning Bylaw 79 -200 for a 0.4 ha (1 acre) site on the south side of Dixon St. between Cleveland and Level Ave. The applicant is requesting that Council pass another temporary use bylaw to permit the parcel to be used as a parking lot for a further 3 years. The parking lot is intended to be used by construction workers when development on the former Crowne Plaza site recommences. Work on this development has ceased with the Toss of the Crowne Plaza franchise, however, the applicant has indicated he is considering options such as a redesign or different use for the partially completed project. In 2002 Council passed a 3 year temporary use bylaw which permitted a parking lot for construction workers on the Cleveland Ave. site. As part of the 2002 approval, a site plan and restoration agreement was to be executed by the owner. The agreement was sent to the owner, it was never executed, nor was the associated security deposit received. PLANNING ANALYSIS Official Plan The subject lands are designated Residential. This means that the lands are intended to be developed for housing and /or ancillary uses which serve area residents. Parking Tots serving tourist commercial uses are not permitted under the Residential designation. The OP allows non conforming land uses on a temporary basis subject to a series of conditions. The prescribed conditions include the following: Zoning The proposed use is limited in duration. The use does not entail any major construction or investment. The impacts on surrounding lands can be mitigated. The use will not impact on traffic circulation or servicing. The requested temporary use bylaw will provide parking for construction workers when the project at 6605 Stanley Ave. recommences. The previous temporary use bylaw contained provisions for fencing, landscaping, access control and prohibition of commercial parking. These provisions should be continued if a further 3 year temporary bylaw is approved. When the temporary use ceases, it is essential that the gravel surface of the parking lot be removed and replaced with topsoil and grass. Therefore, as a condition of approval, a site plan and restoration agreement should be executed and a security deposit received, prior to the passage of the bylaw. Conclusion 9 October 16, 2006 Council Minutes The requested temporary use bylaw to permit a surface parking lot can be supported for a maximum of three years for the following reasons: The proposal complies with the Official Plan with respect to temporary uses; The amending bylaw will contain regulations respecting fencing, landscaping, use and access in order to mitigate impacts on the surrounding residential area. To further protect surrounding residential uses, it is recommended that this bylaw not be passed until a site plan, restoration agreement and related securities are properly executed in order to guarantee that the parking lot is removed after the temporary use bylaw expires. Recommendation It is recommended that Council approve the recommendations set out in report PD -2006- 86. 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. Wayne Thomson, agent for the applicant, indicated that the applicant had approximately $20 million invested into the former Crowne Plaza but additional financing had fallen through. The owner will be bringing forward an application shortly and the approval this evening would accommodate construction workers. Mr. Thomson advised that the applicant has fixed up the property by applying new fencing and redoing the parking lot, he would like to get the application on it's way. Mayor Salci advised that the Public Meeting with regard to AM-31/2006 is now closed. ORDERED on the motion ofAlderman loannoni, seconded byAlderman Pietrangelo that the report be approved as recommended. Motion Carried with Alderman Kerrio declaring a conflict. Alderman loannoni and Alderman Pietrangelo left the Council Chambers. PD- 2006 -87 Chief Administrative Officer Zoning By -law Amendment Application, AM- 30/2006, 5038 Marshall Road, Applicant: Michael and Joan Stoll. Machine Shop Use The report recommends that Council approve the Zoning By -law amendment application to permit a machine shop at 5038 Marshall Road as a temporary use, for a period not exceeding three years. The Clerk advised that the purpose of this public meeting was to consider a zoning by -law amendment application to consider a Machine Shop Use, 5038 Marshall road. He advised that Notice was given by First Class mail in accordance with the Planning Act on Friday, September 15, 2006 and by posting a sign on the property in question. He informed that anyone wishing to receive the 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: Planning Analysis Background 10 October 16, 2006. Council Minutes The applicants received approval in 2000 to permit a machine shop operation in the rural area of Willoughby for a period of 3 years. In 2003, the applicants received Council's approval to extend the temporary use bylaw for another 3 years. Now in 2006 the applicants are seeking a further 3 year extension. Official Plan The City's OP sets out a number of conditions for permitting temporary uses. Essentially, temporary uses are expected to operate for a limited time, to serve a temporary land use function and to return the use of the land to its designated function once the temporary use permission has expired. While staff is not adverse to a further 3 year extension, it is clearly not the intent of City, Regional or Provincial policies to entrench industrial uses in a rural /agricultural areas. The Region has questioned the merits of granting another extension having regard to current policies and the ample supply of industrial land in the City's urban area. Zoning The property is zoned Rural. The temporary bylaw will permit the machine shop for a period of 3 years. The temporary use bylaw will restrict the floor area of the machine shop to the size of the existing building. Conclusion The requested temporary use bylaw to permit a machine shop for a further 3 years can be supported for the following reasons: The proposal complies with the Official Plan with respect to temporary uses. The machine shop has not caused any apparent impacts to date. Further extension of the temporary approval will give time for the owner to relocate the machine shop to an industrial area or to pursue an application for the machine shop to be permanently located on the subject land. Recommendation It is recommended that Council approve the Zoning Bylaw amendment application to permit a machine shop at 5038 Marshall Road as a temporary use, for a period not exceeding three years. 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. 11 October 16, 2006 Council Minutes Michael Stool, applicant, advised that they would like Council's approval to permit the machine shop at 5038 Marshall Road an extension not exceeding 3 years at this time. He did indicate that he would seek a permmanent re- zoning in the future ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that the report be approved as recommended. Carried Unanimously Miscellaneous Planning Matters PD- 2006 -62 Chief Administrative Officer Charting the Course for 2031 "The City's Official Plan Review. The report recommends that Council authorize staff to engage a consultant to undertake an Official Plan review in order to meet the City's planning responsibilities under the Province's Growth Plan for managing future employment and population growth. PD- 2006 -85 Chief Administrative Officer- Status of Tourist Commercial Policy Projects The report recommends that Council receive the report and direct staff to bring these matters before Council for consideration by May 2007. PD- 2006 -88 Chief Administrative Officer Matters Arising from the Municipal Heritage Committee The report recommends that Council approve the Designated Property Grant for the maximum amount of 3,000.00 toward the cost of th restoration of the wooden lattice arbour of the Laura Secord house, 3800 Bridgewater Street, as outlined in this report; and that Council approve the Designated Property Grant for the maximum amount of $3,000.00 toward the cost of the restoration of the windows of the Glenview Mansion, 4223 Terrace Avenue, as outlined in this report; and that Council pass an amending by -law to amend the Reasons for Designation contained in the designating by -law for the Battle Ground Hotel Museum located at 6137 Lundy's Lane, as outlined in this report. PD- 2006 -89 Chief Administrative Officer Greenbelt Plan Natural Heritage Features Data Municipal Planning Data Licence Agreement (MPDL) The report recommends that the City enter into a Municipal Planning Data Licence Agreement with the Ministry of Natural Resources and that the Mayor and Clerk be authorized to sign the agreement. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio that the reports be approved as recommended. Carried Unanimously Alderman Pietrangelo and loannoni returned to Chambers. MAYOR'S REPORTS, ANNOUNCEMENT Mayor Salci advised that Cirque Niagara has closed its doors for the season, they have had a tremendously successful first year. The Mayor also advised that he recently participated in the re- naming ceremony of highway405, which is now the Sir General Brock Parkway. 12 October 16, 2006 Council Minutes COMMUNICATION AND COMMENTS OF THE CITY CLERK 1 Winter Festival of Lights are requesting Council's approval for the pyrotechnic fireworks display. RECOMMENDATION: For the Approval of Council 2. Safe Kids Canada respectfully request that the week of October 23 -29, 2006 be proclaimed as "Safe Crossing Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 3. Arts Culture Week respectfully request that the week of October 29' to November 4 2006, be declared as Arts Culture Week. RECOMMENDATION: For the Approval of Council 4. Minister of Citizenship and Immigration request that October 16 -22 be declared. as "Canada's Citizenship Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 5. Request to set off Fireworks on Guy Fawkes Night request made by Mr. Mrs. Attree, 7857 Beaverdams Road. RECOMMENDATION: For the Consideration of Council 6. Request to serve alcohol at the MacBain Community Centre request made by Ezio Di Domenico, the proprietor of the Centre Court Cafe. Vendor at MacBain centre) RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti that all the communications be approved. Carried Unanimously RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio that the actions taken in Community Services, on October 16, 2006 be approved. Carried Unanimously 1) That the minutes of the September 11, 2006 meeting be approved. 2) That report MW-2006-110 be sent back to staff to investigate alternatives to signalization. 3) That Council authorizes staff to proceed with the extension of a sanitary sewer on Garner Road in accordance with Ontario Regulation 119/03, Municipal Act, 2001. 4) That report MW-2006-115, Thorold Stone Road Traffic Signal Review be received for the information of Council. 5) That the City of Niagara Falls enters into a licence agreement with the Ontario Realty Corporation for temporary land use and access Parkside Road extension through Hydro Corridor. 13 October 16, 2006 Council Minutes 6) That Council approve the request of the Chippawa Riverhawks Jr. C Hockey Club. 7) That staff approach the Chippawa Library about assuming ownership of the municipal lot that abuts the building. 8) That staff investigate and take appropriate legal action with regards complaints about the Niagara Falls Golf Course. 9) That a letter be sent to the Attorney General's office requesting additional Justice of Peace for the Niagara Area. RATIFICATION OF "IN CAMERA" ACTIONS ORDERED on the motion of Alderman Kerrio, seconded by Alderman Morocco that the actions taken in the In Camera meeting, on October 16 2006 be approved. Carried Unanimously 1. That an Offer to purchase City owned lands in the amount of $6000.00 from Arduino Pizzicarola "Pizzicarola for Parts 1, 3 and 4 on Reference Plan 59R- 12941, be accepted and, as per the Sale of Land procedures, that a by -law be brought forward at the next Council meeting. 2. That the report on the Property Acquisition and Disposition for the Downtown be brought forward to the next Council meeting. REPORTS CD- 2006 -15 Chief Administrative Officer Compliance Audit Committee The report recommends that Council consider whether to establish a Compliance Audit Committee and, if so, which powers to delegate to such a committee as per s. 81 (3.1) of the Municipal Elections Act. ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni to delegate all pertinent powers under the Municipal Elections Act to a compliance audit committee and that the Province be petitioned regarding having a roving compliance audit committee for Ontario. Motion Carried with Alderman Volpatti opposed. 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 -50 Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001. It is recommended that the cancellation, reduction or refund of taxes on the various accounts per attached summary be approved and granted to the property owners listed. 14 October 16, 2006 Council Minutes F- 2006 -51 Municipal Accounts It is recommended that Council approve the municipal accounts totalling 19,492,994.16 for the period August 30, 2006 to October 3, 2006. MW- 2006 -109 Contract 2006 173 -06, Mechanic Street! Keller Street Road Reconstruction, Sanitary Sewer and Watermain Replacement. It is recommended that the unit prices submitted by the lowest tenderer, Vic Vatrt Contracting be accepted and that the Mayor and City Clerk be authorized to execute the necessary agreement. MW- 2006 -116 Contract 2006 173 -06 Construction Inspection Services Mechanic Street! Keller Street Road and Services Reconstruction. It is recommended that the Consulting Services Agreement with Denco Engineering Ltd. be amended to include the provision of inspection services on this project for an upset limit of 11,340.00, excluding GST to be funded from the Watermain Replacement Program, Sewer Reserves, Capital Holding and cost shared with the Niagara Region. MW- 2006 -119 Consultant Appointment Garner Southwest Sanitary Sewer and Pumping Station Design It is recommended that in accordance with the City's Consultant Selection Policy, that the City of Niagara Falls enter into a Consulting Services Agreement with Associated Engineering (Ont.) Ltd. for the design of a pumping station, gravity and forcemain sanitary collection system to service the Garner Southwest sewer shed for the upset limit of 273,192.00 excluding GST; and that the Mayor and City Clerk be authorized to execute the necessary agreement. MW- 2006 -120- Downtown Huron Street Opening- Environmental Consultant Selection. It is recommended that Totten Sims Hubicki be hired to complete an Environmental Assessment for the Huron Street Opening identifying the preferred road alignment that will meet technical criteria, as well as taking into consideration the goals and objectives of the Downtown Community Improvement Plan and the Strategic Implementation Plan; and that the Mayor and Clerk be authorized to execute the necessary agreements. R- 2006 -29 Arts Culture Wall of Fame Induction Ceremony. It is recommended that the revisions to the Policy and Procedures to govern the Arts Culture Committee's Wall of Fame be approved; and that the Wall of Fame be located at Niagara Square, Winner's Mall Entrance; and that eleven inductees be approved for the Wall of Fame Inaugural Induction Ceremony to be held Saturday, November 4, 2006 at 10:00 a.m. FS- 2006 -09 Staffing Plan Phase 4. It is recommended that Council approve the addition of five (5) firefighters to the complement of firefighters. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco that the reports 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 -185 2006 -186 A by -law to authorize the execution of a License of Land for Temporary Use and Access Agreement with Her Majesty the Queen in Right of Ontario as Represented by the Minister of Public Infrastructure Renewal respecting the licensing of land for temporary use and access. A by -law to authorize the execution of an Agreement of Purchase and Sale (Operational Land Sales) with Ontario Realty Corporation respecting the purchase by the City of a portion of Hydro lands. 15 October 16, 2006 Council Minutes A by -law to adopt a mark, symbol or design for the Fire Services Crest for The Corporation of the City of Niagara Falls. 2006 -187 2006 -188 2006 -189 A by -law to authorize the payment of $19,492,994.16 for General Purposes. A by -law to amend By -law No. 80 -114, being a by -law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. 2006 -190 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 -191 A by -law under section 30.1 of the Ontario Heritage Act, R.S.O. 1990 to amend By -law No. 99 -109 being a by -law to designate the Battle Ground Hotel Museum located at 6137 Lundy's Lane as a building of cultural heritage value. 2006 -192 A by -law to amend By -law No. 79 -200, to permit the establishment of a public self storage. 2006 -193 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 16 day of October, 2006. ORDERED on the motion ofAlderman Pietrangelo, seconded by Alderman loannoni that the by -laws be read a second and third time and passed. Carried Unanimously Kalar Road NEW BUSINESS Alderman Pietrangelo expressed the concern of a resident about the speeding on Kalar Road and Rideau Street. He requested that staff look at four -way stops as an interim measure. Committee Terms Alderman Campbell advised that there has been some discussion in Tight of the increase of Council's terms to four years whether advisory committees should still sit for a term concurrent to Council's. Staff advised that committees would be canvassed regarding length of term. ORDERED on the motion of Alderman Campbell, seconded by Alderman Wing that a questionnaire be sent to the advisory committees to get their input on the appropriate length of term. Carried Unanimously Cats ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni that the Federal Government be petitioned to provide tax deductible status for those who spay and neuter their cats and that the motion be circulated throughout the country. Carried Unanimously ORDERED on the motion of Alderman loannoni, seconded by Alderman Kerrio that the meeting be adjourned at 12:15 a.m. DEAN IORF( C TY CLERK R.T. (TED) SALCI, MAYOR