2007/01/22SECOND MEETING
IN CAMERA MEETING
Council met on Monday, January 22, 2007 at 4:30 p.m. in an In Camera Session
All members of Council were resent. Alderman Diodati presided as Chairman.
p an,
Following consideration of the items presented, the In Camera Session did arise in
open session.
DE N IORFID CITY CLERK R.T. (TED) SALCI, MAYOR
REGULAR COUNCIL MEETING
Council Chambers
January 22, 2007
Council met on Monday, January 22, 2007 at 7:35 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
Committee Room 2
January 22, 2007
ORDERED on the motion of Alderman Kerrio seconded by Alderman Maves that
the minutes of December 11, 2006 be approved as printed. Carried Unanimously
ORDERED on the motion of Alderman Kerrio seconded by Alderman Maves that
the minutes of January 8, 2007 be approved as printed. Carried Unanimously
DISCLOSURES OF PECUNIARY INTEREST
Alderman Thomson indicated a pecuniary interest to cheque 308016 payable to
himself.
Alderman Kerrio indicated a conflict to By -law 2007 -05 as Canadian Niagara Hotels
have the property across the street from him.
Alderman Maves indicated a conflict to Special Occasion Permit at the MacBain
Community Centre for insurance purposes.
Alderman loannoni indicated a pecuniary interest to cheque 306240 from December
11, 2006 meeting, refund for Election filling.
2 January 22, 2007
Council Minutes
Alderman Wing indicated a pecuniary interest to cheque 306910 payable to Brock
University her employer, cheque 307773 payable to the Niagara Parks Commission, and
cheque 307192 payable to her daughter.
Alderman Pietrangelo indicated a pecuniary interest to cheque 307341 payable to
his employer the Niagara Catholic District School Board.
Mayor Said indicated a pecuniary interest to cheque 307804 payable to himself.
Big Brothers Big Sisters
SparkeLight Awards
Residential Category:
DEPUTATIONS /PRESENTATIONS
Alzheimer's Society
Teena Kindt, Director of Development for the Alzheimer Society of Niagara
addressed January as Alzheimer's month and recent awareness activities. She outlined
signs of the disease and upcoming public information sessions.
Mike Collee of the Niagara Falls Firefighters' Association presented the Alzheimer
Society with money raised at a fundraiser in the amount of $20,205.
ORDERED on the motion of Alderman Thomson and seconded by Alderman Fisher
that the month of January be declared Alzheimer's Awareness month in the City of Niagara
Falls.
Carried Unanimously
Jon Braithwaite, Executive Director, addressed Council regarding programs and
the upcoming Tim Hortons Bowl for Kids Sake Campaign. The event is on February 17
Mr. Braithwaite also outlined the positive effects of volunteer mentors on youth.
ORDERED on the motion ofAlderman Diodati, seconded by Alderman loannoni that
Council enter a bowling team. Carried Unanimously
Dino Fazio of the Winter Festival of Lights presented the winners of the 2006 Winter
Festival of Lights SparkleLight Contest.
Ward 1 Sharon Murray, 5446 Morrison St
Ward 2 Joe Rizzo, 6919 Fairlawn Cres and Mr. Friesen, 6699 Morrison St (tie)
Ward 3 J. Vandenakker, 4832 Montrose Rd
Ward 4 Rob Smith, 6671 January Dr
Ward 5 Mr. Mrs. Varela, 7989 Annmarie Cres
Ward 6 Holly Brian Huntington, 7140 Schisler Rd
Multi- residential Category:
Victoria Park Towers, 6521 Drummond Rd
Bed Breakfast Category:
Villa Gardenia B B, 4741 Zimmerman Ave
Commercial Category:
Michael's Inn
Patterson's Funeral Home
Neighbourhood Category:
Matthews Drive located in Mount Carmel
Unite Here
3 January 22, 2007
Council Minutes
RATIFICATION OF CAPITAL SPORTS MANAGEMENT PROPOSAL COMMITTEE
ACTIONS
ORDERED on the motion of Alderman loannoni, seconded by Alderman
Pietrangelo that the actions taken in the Capital Sports Management Proposal Committee
meetings be approved. Carried Unanimously
From the Committee meeting of Friday, January 12
That staff be authorized to involve the necessary consultants and associated supported
costs approved.
From the Committee meeting of Thursday, January 18
That the City Solicitor be directed to provide all of Council with legal advice related to the
Capital Sports Proposal during a Closed Meeting of Council on Monday, January 22, 2007
at 4:30 p.m. as per s. 2(0 and 2(e) of the Municipal Act; and
That a public report on Council's decision be made thereafter.
RATIFICATION OF "IN CAMERA" ACTIONS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati
that the actions taken in the In Camera meeting, on January 22, 2007 be approved.
Carried Unanimously
1 That 4222 May Avenue be offered for sale, by way of direct sale, to The Regional
Municipality of Niagara "Region for the appraised price of $28,000.00 plus
payment of the cost of appraisal. Carried Unanimously
2. That Council reject the Capital Sports Management proposal dated January 18
and that the statement prepared by staff be read in open Council justifying the
rejection of the proposal.
Carried Unanimously
ORDERED on the motion ofAlderman loannoni, seconded by Alderman Pietrangelo
that Unite Here be allowed to speak.
Carried Unanimously
Mr. Eric Gillespie, lawyer for Unite Here, indicated that Unite Here had worked with
GlobalTox in Guelph. They provided input to the MOE regarding the Cytec lands and
received confirmation that the site is not approved for Institutional use such as daycare
facilities.
Zoning
Conclusion
4 January 22, 2007
Council Minutes
Staff clarified that the lands were not intended to be used for a day care facility.
ORDERED on the motion of Alderman loannoni, seconded by Alderman Pietrangelo
that City's consultants report back to Council regarding the issues raised by Unite Here.
Carried Unanimously
PLANNING MATTERS
PD- 2007 -01 Chief Administrative Officer Zoning By -law Amendment, AM-35/2006,
5789 Kitchener St, Applicant: Niagara South Condominium Corporation No. 11,
Agent: John Broderick, Broderick Partners, LLP, Proposed Physician's Office
Background:
Planning Analysis
Official Plan
Designated Residential
Special policy permits uses ancillary to the hospital provided they are sensitive to
the surrounding residential development.
Proposed physician's offices conform to the Official Plan and the Special policy as
follows:
Existing dwelling and landscaping will be maintained;
Sufficient parking will be provided in the rear yard;
Proposed medical offices will be ancillary in nature and scale with the hospital;
Residence east of the subject property will be partially buffered from the new
parking area by the existing wood fence.
Zoned Residential Single Family and Two Family (R2).
Rezoning is requested to a site specific General Commercial zone to permit the
subject lands to be used for offices;
Rezoning will limit the use to offices and ensure the property is used in a manner
that complies with the OP and is compatible to surrounding residential use.
Building size should be restricted to the existing dwelling to further ensure
compatibility with adjacent dwellings and landscaping should be protected.
Site plan control will be applicable due to conversion to commercial uses and the
associated increase in the useability of the building.
The requested amendment to change the zoning to General Commercial (GC) to permit
the existing dwelling to be used as offices for physicians can be supported for the following
reasons:
The use complies with the Official Plan as it is in an area where uses ancillary to the
Greater Niagara General Hospital, such as physician's offices are permitted.
The existing dwelling and front yard landscaping will be maintained in a manner that
protects the residential character of the property and is complementary to adjacent
residences.
RECOMMENDATION
That Council. approve the Zoning Bylaw amendment application to permit the existing
single detached dwelling on the land to be used as offices for physicians.
Background:
Planning Analysis
Official Plan
Zoning
Ed Lustig of Broderick Partners was present acting on behalf of the applicant. He
requested that site plan not be imposed. He felt that there was not a "substantial" change
to the property to warrant the requirement under the Planning Act, since the current zoning
would allow two families to reside on the property. The proposed use is less intensive and
restricted to business hours. Mr. Lustig indicated that there would be landscaping and
appropriate fencing.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fisher that
the report be approved with the applicant voluntarily undertaking Site Plan features.
Carried with Alderman Wing opposed.
Conclusion
Alderman Diodati left the Council Chambers.
5 January 22, 2007
Council Minutes
Alderman Diodati returned to Council Chambers.
PD- 2006 -91 Chief Administrative Officer Zoning By -law Amendment AM-39/2006,
5056 Montrose Road, Applicant: Angelo Marino, Agent: AIIen -Chui Architects Inc.,
recognize two existing dwelling units.
Designated Industrial
Dwelling units not permitted on Industrially designated lands.
OP contains provisions for pre existing, non complying uses which have existed for
some time and achieved a degree of stability.
The apartment has existed for a period of time without any apparent land use
conflicts with surrounding industrial uses and a degree of stability between the uses
has developed.
The Region has updated its comments regarding Provincial policy on separation of
residential and industrial uses and determined the existing second unit will not
increase any potential adverse impacts on existing and future industrial operations.
Recognition of the additional residence will not undermine the neighbourhood nor
interfere with the development desired in the area.
The previous rezoning permitted one second floor dwelling unit in combination with
the main floor permitted use.
This zoning will be amended to recognize the second dwelling unit.
The second dwelling unit will also be restricted to the second floor of the existing
building.
During a recent site inspection it became apparent that the property does not meet
the 25% landscape requirements of the current bylaw, including 15% of the required
front yard to be landscaped.
The landscape strip in the front yard labelled Area A does not exist and landscaping
behind the building labelled Area B has now been paved.
Landscaping provides important amenity space for the dwelling units and improves
the appearance of the property.
The applicant should enter into a site plan agreement with the City or remove the
pavement and install curbs and grass prior to the passage of the amending bylaw
for the second dwelling unit.
The requested Zoning Bylaw amendment to recognize a second existing dwelling unit with
the building can be supported for the following reasons:
The Region has revised its position on the separation distance from industrial lands
for this second dwelling unit.
The request complies with the Official Plan policies with respect to non complying
uses.
The dwelling unit has existed for some time without any apparent land use conflicts
with surrounding industrial uses and recognition of it will not increase any potential
adverse impacts.
To ensure existing non compliance matters with respect to landscaping are resolved, a site
plan agreement should be executed or landscaping installed prior to passage of the
amending bylaw.
Recommendation
That Council approve the Zoning Bylaw amendment to recognize an existing second
dwelling unit on the second floor; and
That the amending bylaw not be passed until the applicant has entered into a site plan
agreement to address the landscaping or the required landscaping has been installed.
Michael Allen was present acting on behalf of the applicant. Mr. Allen advised that
the applicant is not prepared to enter into a Site Plan agreement as it is not a requirement,
there is no intensification of the property, the use has been in existence for 17 years and
the lack of green space is largely due to recent road widening by the Region. The
applicant agrees to do minor Site Plan alterations and work with Planning Development
but not enter into a Site Plan Agreement.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Pietrangelo
that the report be approved that Council approve the Zoning By -law amendment to
recognize an existing second dwelling unit on the second floor; and that the applicant work
with Staff regarding landscaping on the property.
PD- 2006 -93 Chief Administrative Officer Zoning By -law Amendment AM- 36/2006,
5284 Second Avenue, Applicant: Niagara Hindu Samaj, Agent: David Pounder, J.
David Pounder Limited, Recognition and Expansion of Place of Worship
Planning Analysis
Official Plan
Zoning
6 January 22, 2007
Council Minutes
Carried Unanimously
Designated Residential
A variety of ancillary uses are permitted including places of worship, provided they
are compatible with surrounding residential development.
Existing place of worship is relatively small in scale and has achieved a degree
of compatibility with the surrounding neighbourhood.
Surrounding road network is sufficient to accommodate the modest amount of
traffic expected from the change.
Zoned Residential Single Family and Two Family (R2)
Land is requested to be rezoned to site specific Institutional (I) zone to recognize
the place of worship and building configuration and to permit the addition.
Requested rezoning is appropriate but should include the following measures to
ensure continuing compatibility with the surrounding neighbourhood:
Conclusion
7
January 22, 2007
Council Minutes
Restrict the use to a place of worship and one ancillary dwelling unit;
Require the west side yard setback of 5m (16 ft) rather than the requested 1.8m
(6 ft) typical of the Institutional zone and in response to comments received.
Second floor dwelling unit is to be ancillary to the place of worship and be
limited to a residence for the religious leader and family;
Control the height of the proposed roof top architectural features to a height of
13.5m (44 ft) due to the building's proximity to nearby dwellings.
Required parking for a place of worship is one space per five persons.
A total of 26 spaces is currently available on site which is sufficient to meet zoning
requirements for the expected occupancy of 100 persons.
Parking demands for the use occasionally spill out onto Second Avenue.
Residents appear to be affected because Second Avenue is a narrow street that
cannot support on street parking without affecting visibility.
This matter is best referred to the Traffic and Parking Services staff.
The requested amendment can be supported for the following reasons:
The use complies with the intent of the Official Plan with respect to ancillary uses
in residential areas.
The use is not expected to generate excessive traffic and adversely affect
surrounding streets.
Controlling the use of the building, the building occupancy and the building
configuration in the amending bylaw, and increasing the westerly side yard setback
of the addition will ensure the proposal is compatible with the surrounding
residential neighbourhood.
It is recommended that concerns with respect to on street parking be referred to the
Community Services Committee for further consideration.
Recommendation
That Council approve the Zoning Bylaw amendment to recognize an existing place of
worship and to permit a building expansion, subject to the regulations outlined in this
report; and
That the concerns raised about on street parking be referred to staff for further review.
David Pounder was present acting on behalf of the applicant. He indicated that they
have worked with the neighbouring property owners and have agreed to the 15m setback
proposed.
ORDERED on the motion of Alderman Fisher, seconded byAlderman Thomson that
the report be approved as recommended. Carried Unanimously
PARKS, RECREATION, ARTS CULTURE STRATEGIC PLAN
Jim Morgenstern, Principal of dmA Planning and Management Services presented
the Strategic Plan for the Provisions of Parks, Recreation, Arts Culture.
Mr Morgenstern advised this project has been under way for some time. Tonight he is
presenting an overview to help guide Council and staff in decision for Niagara Falls, parks,
recreation, arts culture for the next ten years in the following areas:
Planning for future growth
Determining future facility and service needs
Capitalizing on current and future opportunities
Developing a strategy for improvement
Key results of resident survey
The Needs Assessment
Major indoor sports and Recreation Facilities
Outdoor Playing Fields Requirements
Specialized Recreation Facilities
Unscheduled Recreation Facilities
Art Culture Facilities
Parks Open Space
Strategic Directions
Recommendation
8 January 22, 2007
Council Minutes
General satisfaction with number and quality of facilities
Half of residents indicated need for new parks and leisure facilities
Most needed facilities, arenas, theatre /performance space, playgrounds
Most needed activities, youth, arts, culture
Most need parks, natural open space and trails
Lack of time and cost most reported barrier to participation
Delivery system
Clearly define role for department
Revised Committee Structure
Effective Partnerships /Partnership Policy
Reoriented staff roles for community development
Additional staff resources to support active living and arts and culture
New policies
A comprehensive planning for the future
That the final report dated January 8, 2007, for the Strategic Plan for Parks, Recreation,
Arts Culture be received; and
That this comprehensive report serves as the guide for staff in setting priorities and
strategic directions for making recommendations to Council concerning the services of
Parks, Recreation Culture Division over the next ten (10) years.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Thomson
that the report be approved as recommended. Carried Unanimously
MAYOR'S REPORTS, ANNOUNCEMENT
Mayor Salci expressed condolence to the City's Chief Librarian, Joe Longo, at the
recent passing of his sister.
Mayor Salci advised of recent events: the Sports Wall of Fame induction and the
Action Niagara Designing the Future conference sponsored by the Niagara Economic and
Development Corp. The City of Niagara Falls won an award for its Brownfield Community
Improvement Plan. The winner of this award has recognized the opportunities presented
by redeveloping brownfields to reintegrate them back into the fabric of their community and
benefit from an increase in land values and the effect on their assessment base.
The City also won an award for its' float at the Thorold Santa Claus Parade. Finally,
the Mayor spoke of attending a brief ceremony this morning (Jan 22 at the Special
Collections section of Brock University where two original maps relating to the early bridges
across the Niagara Gorge, from the Niagara Falls Bridge Commission archives, were
donated to the university.
9 January 22, 2007
Council Minutes
RECOMMENDATION: Refer to Staff.
COMMUNICATION AND COMMENTS OF THE CITY CLERK
1 Baby Shower /Family Gathering Request permission to have Special Occasion
Permit at MacBain Community Centre
RECOMMENDATION: For the Approval of Council and that the Municipal Alcohol
Risk Management Policy be amended to include MacBain Community Centre
ORDERED on the motion of Alderman loannoni, seconded by Alderman Diodati that the
communication be approved. Alderman Maves declared a conflict
.Carried Unanimously
2. Niagara Falls Canucks. "Jr. B" Hockey Team Volunteer Committee Request to
proclaim January 29 February 3 "Masterson Week in Niagara Falls" to recognize
the owners of the Jr. B Canucks. A special event is being held Saturday, January
27 6:00 pm at St. Ann's Hall, $5 /per person.
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Alderman Maves, seconded by Alderman Thomson that the
communication be approved. Carried Unanimously
3. Niagara Transit Commission Request approval issuance of a tender for a
replacement service truck in 2007 (report from Harry Van Dyke, Manager of Plant
and Equipment attached) at an approximate cost of $70,000.
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Maves that the
communication be approved. Carried Unanimously
4. Sullivan Mahoney Requesting that the City amend its Property Standards By -law
or use the Committee of Adjustment to deal with variances from Provisions of the
By -law for rooms in lower levels that are more than 50% below grade.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fisher that the
communication be referred to staff. Carried Unanimously
5. Voice Print, Canada's Broadcast Reading Service Requesting February 4 -11,
2007 be proclaimed White Cane Week.
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Maves that the
communication be approved. Carried Unanimously
CORPORATE SERVICES MATTERS
REPORTS
1. CD- 2007 -01 Alderman or Councillor, Chief Administrative Officer
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fisher
that the title or honourific for City representative be changed to Councillor.
Alderman Diodati
Alderman loannoni
Alderman Maves
Alderman Thomson
Mayor Salci
NAYE
AYE
NAYE
AYE
NAYE
10
Alderman Fisher
Alderman Kerrio
Ald. Pietrangelo
Alderman Wing
AYE
AYE
AYE
NAYE
January 22, 2007
Council Minutes
Motion Carried
2. CD- 2007 -02 Direct Election of Regional Chair, Chief Administrative Officer
ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that
the City write to the Province and local M.P.P. indicating that a decision on election of
Regional Chair should follow the triple majority process as outlined under the Municipal
Act.
3. F- 2007 -03 Property Tax Grant Low Income Seniors, Chief Administrative
Officer
The report recommends for the consideration of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Wing
that staff proceed with program. Carried Unanimously
APPOINTMENT MATTERS
The report recommends:
Carried Unanimously
1. PD- 2007 -03 Composition of the Committee of Adjustment, Chief
Administrative Officer
1) That Council consider the membership to the Committee of Adjustment be
set at five (5) members; and
2) That Council consider whether or not they wish to maintain the practice of
appointing two (2) Council members to the Committee.
ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that
Council consider the membership to the Committee of Adjustment be set at five (5)
members; and discontinue appointing members of Council. Councillor Pietrangelo,
Councillor Thomson, Councillor Fisher, Councillor Kerrio, Councillor Maves opposed.
Motion Denied
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Thomson that Council consider the membership to the Committee of Adjustment be set
at five (5) citizen members and one (1) Council appointee.
Carried with Councillor Wing opposed.
2. CAO- 2007 -03 Niagara Falls Hydro Corporate Governance and Appointments
to Boards of Directors, Chief Administrative Officer
The report recommends that Council consider the submission from Niagara Falls
Hydro regarding corporate governance and appointments to Hydro Boards of Directors.
Ed Lustig of Broderick Partners Agent and Brian Wilkie, President of Niagara
Falls Hydro outlined the history of the governance models for the Hydro board.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that
Council approve the proposed governance structure under Schedule C.
Carried Unanimously
11 January 22, 2007
Council Minutes
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati
that the Council meeting go past 11:00 pm.
3. CD- 2007 -03- Public Library Board Appointments, Chief Administrative Officer
The report recommends that Council vote on volunteers for the Public Library Board.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo
that upon receiving legal advice, that Council withdraw its approval to vote by secret ballot.
Alderman Diodati
Alderman loannoni
Alderman Maves
Alderman Thomson
Mayor Salci
AYE
AYE
AYE
AYE
AYE
Alderman Fisher
Alderman Kerrio
Alderman Pietrangelo
Alderman Wing
After a tabulation of votes, the following had a plurality of votes:
Blake McIntyre
Renni Piscitelli
Guy Prata
Dr. Ken Smith
Nancy Eidt
Carman Dix
Dino Fazio
Michael Boris Kloss
ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati
to accept the appointees with the plurality of votes for the Public Library Board
Carried Unanimously
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
a)
2)
That the minutes of the December 11, 2007 meeting be approved.
REPORTS:
Carried Unanimously
AYE
AYE
AYE
AYE
Carried Unanimously
ORDERED on the motion of Councillor loannoni seconded by Councillor Wing that
the actions taken in Community Services, on January 22, 2007 be approved.
Carried Unanimously
1) The following items are to be ratified from tonight's meeting of the Community
Services Committee:
Alderman loannoni be elected the Chair of the Community Services Committee
Alderman Pietrangelo be elected the Chair of the Corporate Services Committee
a) That the Murray Street Stanley Avenue Directional Signage Report be received
for the information of Council and that a report be brought back to Committee
detailing the City's options available regarding the Main Street EA and analyse of
the traffic information collected to date.
b) That a parking restriction on Valley Way between Drummond Road and Bellevue
be deferred and report be brought back to Committee with detailed diagrams.
That Staff proceed to negotiate with M.S. J. Restaurant for the lease of City
owned property at 5401 Ferry Street for parking purposes.
12 January 22, 2007
Council Minutes
d) That staff negotiate with IMS for the fine grading of the proposed park on Montrose
Road.
e) That the City not pay the legal fees submitted by Mr. Ungaro on behalf of Mr. Puttick
related to Greater Niagara Transit Commission and a report be brought forward
detailing the issues between Mr. Puttick and the Transit Commission and a
comparison study of the profitability of Transits in other municipalities.
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- 2007 -01 Borrowing By -law. It is recommended that Council approve (I) the borrowing
of up to a maximum sum of $23,000,000 for current expenditures; and (ii) a Standby Letter
of Credit to a maximum sum of $5,000,000 in favour of the CNCP to cover the demolition
cost of the International Rail Bridge.
F- 2007 -02 Municipal Accounts. It is recommended that Council approve the municipal
accounts totaling $32,059,809.16 for the period of November 29, 2006 to January 9, 2007.
IS- 2007 -01 Maintenance Management Application. It is recommended that Council
approve the purchase, development and implementation of the Cartegraph Citizen
Request, Work and Asset Management system.
PD- 2007 -04 Removal of a Holding Symbol, AM- 38/09, Former Warren Avenue and
Former Canada Southern Railway Company Lands, 656508 Ontario Limited (George
Yerich), Proposed Bridge and Pedestrian Walkway. It is recommended that Council
pass the by -law appearing on tonight's agenda to lift the Holding symbol (H) from a portion
of lands zoned Tourist Commercial (TC(H) between Robinson Street and Murray Street,
shown on Schedule 1.
MW- 2007 -02 Garner Village Estates Subdivision Payments for Oversizing
Growth Related Capital Works. It is recommended that funds in the amount of
$103,427.93 be transferred from the Development Charges Reserve Fund and paid to
456941 Ontario Ltd. In accordance with the GarnerVillage Estates Subdivision Agreement.
MW- 2007 -08 Interim Sign By -law. It is recommended that the interim amendments
passed for the City's existing sign by -law that expires on January 31, 2007 be extended
until the passing of the new sign by -law.
MW- 2007 -01 Tender 2007 146 -05 Watermain Replacement Portage Road from
Elizabeth Street to O'Neil Street, St. Paul Avenue from O'Neil Street to Riall Street.
It is recommended that the unit prices submitted by the lowest tender Alfidome
Construction be accepted and that the Mayor and City Clerk be authorized to execute the
necessary agreement.
MW- 2007 -04 Tender 2007 162 -05 Grassy Brook West Area Sanitary Sewer
Construction Grassy Brook Road. It is recommended that the unit prices submitted by
the lowest tender Baiocco Construction be accepted and that the Mayor and City Clerk be
authorized to execute the necessary agreement.
13 January 22, 2007
Council Minutes
MW- 2007 -05 Tender 2007 108 -06 Grassy Brook West Area Pumping Station
Forcemain Construction. It is recommended thathe unit prices submitted by the lowest
tender V. Gibbons Contracting Ltd. Be accepted and that the Mayor and City Clerk be
authorized to execute the necessary agreement.
ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo
that the reports be approved. Carried Unanimously
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Thomson that the by -laws be given a first reading.
Carried with Councillor loannoni and Councillor Wing were opposed to By -law 2007 -06.
2007 -05
2007 -06
2007 -15
2007 -16
2007 -17
BY -LAW FOR SALE OF LANDS
A by -law to authorize the execution of an Offer to Purchase from Canadian
Niagara Hotels Inc. to The Corporation of the City of Niagara Falls respecting
the purchase of lands, being part of Part 3 on Reference Plan 59R -5277 and
Part 3 on Reference Plan 59R 12916; in the City of Niagara Falls, in the
Regional Municipality of Niagara.
BY -LAWS
A by -law to authorize the execution of a Consulting Agreement with Henry
W. Joseph Realty Corporation Limited, Clayton Research Associates Limited
and Corey Doyle, Respecting the preparation of an economic evaluation of
the Downtown Revitalization Program
2007 -07 A by -law to authorize the execution of an Amendment to the Agreement with
Ryerson University respecting the High Rate Treatment Pilot Study
2007 -08 A by -law to authorize the execution of a Licence Agreement with the Queen's
Printer for Ontario as represented by the Ontario Ministry of Natural
Resources respecting municipal planning data
2007 -0 A by -law to establish Part 3 on Reference Plan 59R -13262 as a public
highway, to be known as and to form part of Corwin Avenue
2007 -10 A by -law to permanently close part of a highway
2007 -11 A by -law to authorize temporary borrowing
2007 -12 A by -law to extend and execute a memorandum of understanding with
DataFix for the Municipal VoterView (MW) Services
2007 -13 A by -law to continue and re -enact By -law 2001 -31 of the Corporation of the
City of Niagara Falls
2007 -14 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, Through Highways,
Standing Prohibited, Heavy Vehicle Restriction)
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
A by -law to authorize the execution of an Approval to 656508 Ontario Limited
respecting the construction of the Warren Pedestrian Bridge and
establishment of parking spaces
A by -law to authorize the execution of a Pedestrian Walkway Agreement with
656508 Ontario Limited respecting the maintenance of a pedestrian walkway
over City owned lands described as Part.3 on Reference Plan 59R -4773
2007 -18
2007 -19
2007 -20
2007 -21
2007 -22
14 January 22, 2007
Council Minutes
A by -law to authorize the execution of an Encroachment Agreement with
656508 Ontario Limited for the purpose of permitting the encroachment of
a pedestrian bridge over City owned lands described as Part 3 on Reference
Plan 59R -4773
A by -law to authorize the execution of the Murray Street Bridge License
Agreement with the Ontario Lottery and Gaming Corporation respecting the
access, maintenance, alterations, signage and other matters relating to the
pedestrian bridge over Murray Street
A by -law to authorize the execution of the Murray Street Bridge Agreement
with 656508 Ontario Limited respecting the access, maintenance, alterations,
signage and other matters relating to the pedestrian bridge over Murray
Street
A by -law to amend By -law No. 79 -200, to permit a building to be used as a
community building developmentally handicapped day programs. (AM-
33/2006, 4037 Longhurst Ave.)
A by -law to amend By -law No. 99 -106, which amended By -law No. 79 -200,
to remove the holding symbol on a portion of the lands being the former
Warren Avenue and a portion of the former Canada Southern Railway and
allow these lands to be developed in conjunction with abutting lands. (AM-
39/98)
2007 -23 A by -law to authorize the payment of $32,059,809.16 for General Purposes.
2007 -24 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 22 day of January, 2007
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves
that the by -laws be read a second and third time and passed. Carried with
Councillor loannoni and Councillor Wing were opposed to By -law 2007 -06.
Letter of Congratulations
Stormwater /Sewer Management
Passport Issue
Park in the City Committee
NEW BUSINESS
ORDERED on the motion of Councillor Fisher, seconded by Councillor Diodati that
Council extend congratulations to Niagara Falls Hydro, City of Niagara Falls Service
Centre employees and GAMS for the great job during the ice storm.
Carried Unanimously
ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that
notification be given to Council and the public when sanitary sewer dumping into public
waterways occurs. Carried Unanimously
ORDERED on the motion of Councillor Diodati, seconded by Councillor Wing that
Council petition the MP and appropriate Federal staff to decrease the cost of passports
and lengthen their expiration date. Carried Unanimously
ORDERED on the motion of Councillor Wing, seconded by Councillor Pietrangelo
that staff review and report back on the terms and reference for the Park in the City
Committee to ensure that the committee has the proper cohesive focus and; for staff to
prepare a report on how to ensure that the Municipality gives proper attention to
environment issues including but not limited to conservation management environmental
resources and preservation of wildlife habitat. Carried Unanimously
Stamford Collegiate Highschool 150 Anniversary
Councillor loannoni advised Council that the students of Stamford High School are
remaking a 1875 and 1904 Council meeting and are looking for any male members of
Council to help participate in the re- enactment.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Maves
that the meeting be adjourned at 12:34 a.m. Carried Unanimously
15 January 22, 2007
Council Minutes
DEAN IORFJ.DA, CITY CLERK R.T. (TED) SALCI, MAYOR