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2007/03/19Pak F- DEAN IORFI CITY CLERK SIXTH. MEETING IN CAMERA MEETING RESOLUTION NO. 6 THOMSON MAVES that on March 19, 2007, Niagara Falls Council will go into a closed meeting to consider subject matters that fall under s. 239(2) of the Municipal Act, 2001. Council met on Monday, March 19, 2007 at 5:45 p.m. in an In Camera Session. All members of Council were present. Councillor Maves presided as Chairman. Following consideration of the items presented, the In Camera Session did arise in open session. REGULAR COUNCIL MEETING Council met on Monday, March 19, 2007 at 8:15 p.m. for the purpose of considering Regulars Business matters. All members of Council were present. Councillor loannoni offered the Opening Prayer. ADOPTION OF MINUTES Committee Room 2 March 19, 2007 R.T. (TED) SALCI, MAYOR Council Chambers March 19, 2007 ORDERED on the motion of Councillor loannoni seconded by Councillor Diodati that the minutes of March 5, 2007 be approved as printed. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Kerrio indicated a pecuniary interest to By -law 2007 -66 as he has an interest in the property. Councillor Thomson indicated a conflict of interest to cheque no. 308719 payable to himself from the meeting of March 5, 2007. Greater Niagara Circle Route 2 March 19, 2007 Council Minutes DEPUTATIONS/ PRESENTATIONS Regional Councillor Bruce Timms made a presentation on the progress of the Greater Niagara Circle Route, the trail system that circles much of the Niagara Region. He also advised on June 9 the Ride to Help Habitat for Humanity, a 100 mile ride. Councillor Timms requested Council to appoint a member to the Greater Niagara Circle Route Steering Committee. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that Councillor Diodati represent Niagara Falls City Council on the Greater Niagara Circle Route Steering Committee. Carried Unanimously UNFINISHED BUSINESS PD- 2007 -12 -Chief Administrative Officer Official Plan Zoning By-law Amendment AM- 44/2006, Located North of Thorold Stone Road, West of Taylor Road, South of Former Mountain Road and East of Thorold Townline Road (Part of Lots 31, 49, 50 and 66), Applicant: Walker Brothers Quarries Limited, Agent: T. Smart, BLS Planning Associates.lt is recommended that Council approve the application to amend the Official Plan and Zoning Bylaw for the lands located north of Thorold Stone Rd., West of Taylor Rd., South of former Mountain Rd. and East of Thorold Townline Rd., to permit a private landfill for non hazardous solid waste. John Fisher of Walker Brothers advised Council that a research project at the University of Guelph is being conducted on the end use of the property. There is the possibility of corn, soy and switch grass in the future. He also outlined Th the Public Liaison Committee process, which was a ten year consultation process. Tom Smart, BLS Planning Associates, advised that the property is outside of the urban boundary, therefore, it is highly unlikely that the property could be used for commercial or residential development. ORDERED on the motion of Councillor Fisher, seconded by Councillor Kerrio that the report be approved as recommended. Carried with Councillors Diodati, loannoni and Wing opposed. RATIFICATION OF "IN CAMERA" ACTIONS ORDERED on the motion of Councillor Fisher, seconded by Councillor Maves that the recommendation from the In Camera meeting, on March 19, 2007 be approved. 1. That staff be directed to finalize the Host Community Compensation agreement as per the July 31/06 Council approval. Carried Unanimously MAYOR'S REPORTS. ANNOUNCEMENT On behalf of Council Mayor Salci congratulated Lee Smith on being appointed as the new Fire Chief for the City of Niagara Falls. 3 March 19, 2007 Council Minutes On March 13 Mayor Salci along with Regional Chairman Partington and six other regional mayors met with Minister of Transportation Donna Cansfield. At the meeting they were provided with an overview of the environmental assessment process, the approved terms of reference and the next steps in the EA study for the Niagara GTA Corridor. There was also discussion on the need for GO Service in Niagara, starting with a Park Ride service. On March 7 Mayor Salci met with MPP Kim Craitor and Minister John Gerretson, Minister of Municipal Affairs and Housing on matters of interest. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Stamford Collegiate 150 Anniversary Reunion Committee Request the use of Municipal parking lots and Niagara Transit to assist with a complimentary shuttle service. RECOMMENDATION: Refer to staff for future report. ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that the communication be referred to staff. Carried Unanimously REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Councillor loannoni seconded by Councillor Diodati that the recommendations from the Community Services Committee, on March 19, 2007 be approved. 1. That the February 19, 2007 Community Services minutes be approved. 2. That Niagara Falls City Council supports the actions taken to date and the steps planned for the future regarding the Niagara Convention Civic Centre. 3. That the parking restrictions as outlined in report MW- 2007 -07 be implemented and that staff investigate the operation of the driveway entrance at 5257 Valley Way. 4. That the permit parking on Keith Street be removed west of Sinnicks Avenue and that parking be restricted on both sides of Keith Street 30 metres west of Sinnicks Avenue. Carried Unanimously RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Councillor Pietrangelo seconded by Councillor Diodati that the recommendations from the Corporate Services Committee, on March 19, 2007 be approved. 1. That the minutes of the March 5 meeting be adopted as recorded. 2. That the Annual Statement of Remuneration and Expenses be received for information and that all members of the Niagara Falls Hydro Board be included in future reports. 4 March 19, 2007 Council Minutes 3. That the cancellation, reduction or refund of taxes on the various accounts presented be approved and granted to the property owners listed. 4. That the current Collections Officer position be re- classified as a full -time unionized position. 5 That the 2007 Budget Schedule be approved. 6 That Council have regard for the Financial Policies presented for consideration in the upcoming strategic planning session and future budget deliberations. 7. That the recommended changes to the City's administrative structure be approved and that staff be authorized to move forward with their implementation. Carried Unanimously with Councillor Kerrio having a conflict on item #4. RESOLUTIONS NO. 7 PIETRANGELO DIODATI that the City of Niagara Falls Asset Management and Accounting Project will be funded and is a high priority within the City of Niagara Falls. Carried Unanimously NO. 8 THOMSON PIETRANGELO that Council of the Corporation of the City of Niagara Falls hereby determines, in accordance with Section 34(17) of the Planning Act, that the changes to the proposed zoning by -law for 5056 Montrose Road are minor in nature and do not require any further notice. Carried Unanimously 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, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. MW- 2007 -19 Sign and Electrical Kiosk Encroachment 5815 Drummond Rd (Northeast Corner Drummond at Lundy's Lane) Migdalos Investments Limited It is recommended that staff be directed to negotiate and enter into an Encroachment Agreement with Migdalos Investments Limited to recognize the location of the existing sign and electrical kiosk. MW- 2007 -23 Clifton HillNictoria Ave. Intersection Improvements Consulting Engineering Services Urban Environmental Management Inc. Traffic Assessment and Engineering Design It is recommended that Council authorize the engagement of Urban Environmental Management Inc to update the traffic assessment at the intersection of Clifton Hill and Victoria Avenue and to prepare engineering drawings for the design of the necessary improvements to the intersection at an upset limit of $50,000.00. MW- 2007 -24 -2007 Asphalt Patching Contract Council Meeting It is recommended that the unit prices submitted by the lowest tender Norjohn Contracting Paving be accepted and; that the Mayor and City Clerk be authorized to execute the necessary agreement. 5 March 19, 2007 Council Minutes MW- 2007 -28 Dorchester Road Reconstruction CNR New Warning Device System It is recommended that staff be authorized to proceed to have the CNR fabricate and construct a new rail crossing and Warning Device System at the Dorchester Road crossing at a cost of $204,900 and the signing of the required CNR pipe agreement, be approved. MW- 2007 -29 Canada Ontario Municipal Rural Infrastructure Fund (COMRIF) PSAB 3150 Asset Management Strategy Application for Funding Resolution It is recommended that the requisite resolution be approved under the Resolutions section of the agenda. MW- 2007 -30 Assumption of Various Subdivision It is recommended that the City formally assumes the Plans and Subdivisions listed in this report. PD- 2007 -17 Zoning By -law Amendment Application AM- 39/2006, 5056 Montrose Road, Applicant Angelo Marino, Agent Allen-Chui Architects Inc, Recognize Two Existing Dwelling Units It is recommended that Council receive this report for information purposes; that Council pass the resolution, on tonight's agenda, stating that a further public meeting is not required to consider the landscape reductions; and that Council pass the amending by -law, also on tonight's agenda, to recognize the existing dwelling units and to lower the landscaping requirements for the site. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the reports be approved. Carried Unanimously BY -LAWS ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that the by -law, to authorize the execution of an Agreement with Cytec Canada Inc. and Falls Community Development Inc., respecting the donation of certain lands to the City to be used for the construction and development of a public arena and related facilities, be deferred until a staff report is brought to Council providing background on the agreement. Motion Defeated with Councillors loannoni, Wing and Diodati opposed ORDERED on the motion Councillor Fisher, seconded by Councillor Thomson that Council request a reconsideration on the deferral. Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that the by -law, to authorize the execution of an Agreement with Cytec Canada Inc. and Falls Community Development Inc., respecting the donation of certain lands to the City to be used for the construction and development of a public arena and related facilities, be deferred until a staff report is brought to Council providing background on the agreement. Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the by -laws be given a first reading. Councillor Kerrio indicated a conflict to By -law 2007 -65. Carried Unanimously. 2007 -60 A by -law to ament By -law No. 79 -200, to permit two apartment dwelling units, recognize the existing landscaped open space and southerly interior side yard width and to repeal By -law No. 2006 -17 (AM- 39/2006) 2007 -61 A by -law to amend By -law No. 79 -200, to permit offices for physicians (AM- 35/2006) 6 March 19, 2007 Council Minutes 2007 -62 A by -law to amend By -law No. 79 -200, to permit expansion of a planned shopping centre and to repeal By -law No. 92 -288 (AM- 05/2006) 2007 -63 A by -law to declare Part Lot 10 on Plan 996 surplus 2007 -64 A by -law to establish Part 3 on Reference Plan 59R -13172 as a public highway, to be known as and to form part of Woodbine Street 2007 -65 A by -law to authorize the execution of an Agreement of Purchase and Sale with 1251600 Ontario Limited respecting the purchase of lands being Part 2 on Reference Plan 59R -9107; in the City of Niagara Falls, in the Regional Municipality of Niagara 2007 -66 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 19` day of March, 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. Councillor Kerrio indicated a conflict to By -law 2007 -65. Carried Unanimously Mount Carmel NEW BUSINESS ORDERED on the motion of Councillor Thomson, seconded by Councillor Diodati that staff convene a meeting with the appropriate individuals regarding the assessment of the Mount Carmel property. Carried Unanimously Niagara Health Services Councillor loannoni gave an overview of the positive meeting with Debbie Sevenpifer of the NHS. It was indicated that there is no master plan for closure of local services and any changes would need Ministry approval. Council loannoni advised of the meeting being held at Grimsby City Hall on Tuesday March 27th 1- 4 pm. Congratulations to Casey Hyde Councillor Fisher congratulated Casey Hyde who is the winner of the Niagara College Idol winner. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the meeting be adjourned at 9:45 p.m. Carried Unanimously DEAN IOR A, CITY CLERK (-2- R.T. (TED) SALCI, MAYOR