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2007/06/25DEAN IORF FIFTEENTH MEETING IN CAMERA MEETING Council met on Monday, June 25, 2007 at 5:35 p.m. in an In Camera Session. All members of Council were present with Councillor Mayes absent. Councillor loannoni presided as Chairman. Following consideration of the items presented, the In Camera Session did rise and report in open session. REGULAR COUNCIL MEETING ADOPTION OF MINUTES Committee Room 2 June 25, 2007 A, ITY CLERK R.T. (TED) SALCI, MAYOR Council Chambers June 25, 2007 Council met on Monday, June 25, 2007 at 7:10 p.m. for the purpose of considering Regulars Business matters. All members of Council were present. Councillor Thomson offered the Opening Prayer. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Fisher that the minutes of June 11, 2007 be approved as printed. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Kerrio indicated a pecuniary interest to Report L-2007-19 and PD-2007- 46. He has a business relationship with Cytec, who is a party to the agreement in the Legal report and has an objection to the Planning report. DEPUTATIONS/ PRESENTATIONS Niagara "Think and Drive" Safety Campaign Sergeant Todd McKinnon, from the Niagara Regional Police and Linda Beyer, from Niagara Region Public Health made a presentation to introduce the upcoming region-wide road safety campaign. The "Think and Drive" campaign was piloted in Niagara-on-the- Lake in 2006 and will be expanding to other cities in 2008. Niagara has the highest fatal rates per capita in Ontario. The mission is to reduce fatal and serious injuries by 10%. Millennium Scholarship Foundation -2 June 25, 2007 Council Minutes Emily Gadula, an A.N. Myer Secondary student and Marta Szatkowski, a Saint Paul High School student were recognized for receiving the prestigious Millennium Scholarship Foundation Entrance Award. They were selected from more than 9,500 applicants in a nation -wide competition. Ontario Heritage Trust Awards Sharon Shearing, Chair of the Local Municipal Heritage Committee presented awards to Frances Corfield for the Lieutenant Governor's Award for heritage involvement, Sherman Zavitz for the Cultural Heritage Award for historical writing, Glennis Les Elliott, Mel Grunstein, John Harkness, Pat McRoberts, Barry Joan Martin, Janice Wing, ry g, Corfield and, posthumously, Joan Beardmore and Jean Simons for the Friends of Lundy's Lane Battlefield Board from 1991 -2001, for their fundraisin g efforts for the Restoration of the Battle Ground Hotel Museum. Internet Payment of Parking Tickets Karl Dren, Director of Transportation Services, demonstrated the new Internet payment option for parking tickets. The new customer service option will begin June 26, 2007 through the City of Niagara Falls website to a secured Pay Pal Network. MW- 2007 -75 Internet Payment Launch It is recommended that the report be received for the information of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the report be approved as recommended. Carried Unanimously, PLANNING MATTERS PD- 2007 -46- Chief Administrative Officer 26T -11- 2006 -02, Warren Woods Plan of Subdivision, Kalar Road (West Side), Between McLeod Road and Brown Road, Owner: Warren Woods Land Corporation 617567 NB Inc. It is recommended that Council consider input received at the Public Meeting and refer all matters to staff for review of the Warren Woods Draft Plan of Subdivision. John DeGroot, Sentex Developments Inc., gave Council an overview of the application. The application is a revision to the first phase draft approval that was approved in 1998. An additional 100 acres has been added to the improved plan of subdivision. Warren Woods will be a unique and outstanding community but it will also be become part of the greater Garner Community. He outlined the team of local and out of town experts that have been assembled. The plan offers affordable housing that would appeal to a range of home buyers from first time to retirement homes. In addition, the wrecking yard in the area has been purchased and will be cleaned up. Dan Flemming, The Planning Partnership, expanded on Mr. Degroot's presentation. The community plan is within the Garner Road Secondary Plan. The draft plan is a mix and diversity of unit types located on 120 hectares or 320 acres of land. The development will provide a life cycle community: from new home purchasers to retirees. There is a strong public realm and natural features will be preserved and many parkettes will be incorporated into the design. The growth in the area will also help the developments at Niagara Square. This plan has taken about 2 to 3 re p ears to are and feel it reflects Y prepare current market needs in Niagara Falls. The Director of Planning Development advised Council that by the fall a public meeting will be held to consider the subdivision plan and rezoning applications. There is a Watershed Plan for this area for forest and wetland area and the development must follow the provincial guidelines for the area. -3- June 25, 2007 Council Minutes John Bacher, 134 Church Street, St. Catharines was present at the meeting. He was impressed by the overall approach of the developers but stressed that this complex matter needs to be dealt with care and sensitivity: Mr. Bacher suggests that Council read the Warren Creek Watershed Study for this area. Jean Grandoni of Garner Road was present. She reiterated that the Watershed Plan done for the area should be carefully followed. John Koke, Sentex Developments Inc, addressed Ms. Grandoni's questions and agreed this is a very sensitive environmental area and is being preserved in their entirety. The City is taking an Environmental Assessment process to realign the watercourse. The public meeting was closed. Councillor Diodati left the meeting at 8:20 pm. ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the report be approved as recommended. Carried Unanimously with Councillor Kerrio declaring a conflict. Councillor Diodati returned at 8:30 p.m. MISCELLANEOUS PLANNING MATTERS PD-2007-44 Request to Extend the Historic Drummondville Community Improvement Project Area Boundary 5982 Culp Street It is recommended that Council not support the extension of the Historic Drummondville CIP Boundary. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Thomson that the report be approved as recommended. Carried Unanimously PD-2007-48 Application for Revitalization Program, RGP-01 /2006 for Joedy Burdett (Niagara Tinting) It is recommended that (1) City Council approve the application for a Revitalization Grant subject to the application meeting the program requirements including the entering into an agreement with the City; and (2) the Mayor and Clerk be authorized to execute the Revitalization Grant Agreement, attached as Appendix 11 to this report. ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the report be approved as recommended. Carried Unanimously PD-2007-47 PLC-03/2007, Request for Removal of Part Lot Control Lots 1 to 18 Lots 26 to 29 and Blocks 33 to 41, Registered Plan 59M-340, Silverstar Court Upper Canada Drive, Garner Village Subdivision; Applicant: Mountainview Homes It is recommended that (1) Council approve the request and pass the by-law included in tonight's agenda to designate Lots 1 to 18, Lots 26 to 29 and Blocks 33 to 41, Registered Plan 59M-340, as exempt from Part Lot Control; and (2) that the applicant be given five years to create the individual parcels and notify the City when the separate deeds have been registered. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the report be approved as recommended. Carried Unanimously 4 June 25, 2007 Council Minutes ARENA MATTERS R- 2007 -17 Chief Administrative Officer 4 Pad Arena Complex Project Update It is recommended that (1) the 4 -Pad Arena Complex Project Update report be received; and (2) the members of the Arena Users Stakeholders Group be approved, and that a member of Council be appointed to this Group. ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that the report be approved as recommended. Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati, that Councillor loannoni be the Council representative on the Arena Users Stakeholders Group. Carried Unanimously L- 2007 -19 Chief Administrative Officer Execution of an Agreement with Cytec Canada Inc. "Cytec and Falls Community Development Inc. "FCDI It is recommended that Council pass the Execution By -law listed under the by -law section of the agenda and proceeds with formal execution of the Agreement. Eric Gillespie, LLB, Cunningham Gillespie representing Unite HERE was present at the meeting with concerns regarding the Cytec land. Mr. Gillespie feels that once the Agreement is signed the responsibility will now be on the City and no longer on Cytec. Mr. Gillespie outlined that new regulations that are being proposed for Brownfield developments. He was concerned that the new standards would render the risk assessment as obsolete. Dave Schram, Urban and Environmental Management, advised Council that they are aware of the new standards, as they have been proposed for a number of months, and that they will not trigger another risk assessment. The risk assessment on the property is based on the regulations when the risk assessment was done. Dr. Glenn Ferguson, one of the environmental consultants who studied the property advised Council that the screening values are generic and take into consideration a wide variety of things and tend to be conservative and protective. The site specific risk assessment takes into account the specific conditions proposed for the site. He reminded Council that the testing done was based on the remise of human exposure at the highest p p g levels of concentration, and based on those benchmarks, the MOE is accepting of the proposed use. Dr. Ferguson was of the opinion that the proposed changes to the regulations, which have been two years in the making, have to do with the protection of ecological receptors. Todd Davidson, McLean Kerr LLP, legal representative for the City, states that the release completes the circle for Cytec in terms of donation and conveyance of the land. Cytec was clear from the beginning with the condition that it did not wish to be exposed to any greater liability, after having given the land over, then it would have if it retained the land and kept it in its current form. The release does not insulate Cytec from any MOE orders or third party claims. He outlined the conditions of the offer that stipulate that the City be completely satisfied with all the of due diligence, legal and otherwise, and that a record of site condition approving the use being an arena be acknowledged by the MOE. g g g Y From a liability standpoint that record of site condition insulates the City from any MOE clean -up order in respect of contaminants that were discharged prior to the certification date. Mr. Davidson's legal advice is that Council authorize the execution of the document. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the report be approved as recommended. with Councillor Wing opposed and Councillor Kerrio declaring a conflict. Carried MAYOR'S REPORTS. ANNOUNCEMENT Mayor Salci offered condolences to Ken Beaman, Acting City Solicitor, on the recent passing of his father; to the family of Chief Don Harris, former Chief for Niagara Regional Police and the family of Mr. Ed Mulligan. The following were some significant events in the City over the past couple weeks: The opening of the Kreighoff Gallery and Cafe at 5470 Victoria Avenue on Wednesday, June 13 the Niagara Falls Horticultural Society's 54 Annual Rose Show, June 14 at the Niagara Falls Public Library, and Willoughby Manor's Senior's Appreciation Event "Senior Idol", on Wednesday, June 20 The Honourable Madame Taoying Zhu, the Consul General of the People's Republic of China, visited Niagara Falls on June 20 Upcoming events include the Canada Day Celebrations on July 1s at the Optimist Park. Niagara Falls will be hosting Mayor Mary Maloof of Treasure Island, Florida on Canada Day weekend. Niagara Falls Horticultural Society will be having its 13 Annual Niagara Falls Garden Walk, Saturday, July COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Canadian Forces Recruiting Request permission to fly a CF-18 Canadian Fighter aircraft for the Niagara Falls 2007 Canada Day celebrations. RECOMMENDATION: For the approval of Council. ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that the communication be approved as recommended. Carried Unanimously 2. Victoria Centre BIA Request to approve their 2007 Budget. RECOMMENDATION: For the approval of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the communication be approved as recommended. Carried Unanimously 3. Fallsview BIA Request to approve their 2007 Budget. RECOMMENDATION: For the approval of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the communication be approved as recommended. Carried Unanimously 4. Lundy's Lane BIA Request to approve their 2007 Budget. RECOMMENDATION: For the approval of Council June 25, 2007 Council Minutes ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the communication be approved as recommended. Carried Unanimously CD- 2007 -14 Granting of an Official Coat of Arms It is recommended that staff be directed to establish guidelines for the use of the city's new coat of arms, the existing crest and to update the guidelines for the use of the city's logo. ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the report be approved as recommended and that the Governor General of Canada be formally invited to the unveiling. RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the communication be approved as recommended. Carried Unanimously The following items are to be ratified from tonight's meeting of the Community Services Committee: 1. The minutes of the May 14, 2007 meeting be approved. 2. That the Revised Police Request to Close Centre Street the July 1 weekend report be received for the information of Committee. 3. That the amendments to by -law 89 -2000 recommended be approved. 4. That the City proceed immediately with preparation of an education /awareness program, draft Weeping Tile Disconnection By -law and field investigations for the targeted areas of the municipality. 5. That the Municipal Boulevard Maintenance Policy Hydro One Corridors be received for the information of Committee. 6. That the speed limit on Biggar Road between Montrose Road and the City's western boundary be maintained at 80 km /h. 7. That the City enter into a four (4) year agreement with the Niagara College Student Association Committee (NCSAC), to provide bus service to the Welland Campus. 8. That the hiring of a full -time Supervisor of Traffic and Parking Field Services position, be approved. 6 REPORTS CLERKS MATTERS June 25, 2007 Council Minutes Carried Unanimously That Committee approve the expansion of the Lundy's Lane Cemetery and the development of a pedestrian gateway with enhanced beatification. NEW BUSINESS: 10. That staff coordinate with the proper authorities to update the population statistics on the Welcome to the City of Niagara Falls signs 11. That staff provide an information report on the re- installation of a pathway along Portage Road to Chippawa by Marineland. RATIFICATION OF "IN CAMERA" ACTIONS 7 June 25, 2007 Council Minutes ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that Council approve the Agreement of Purchase and Sale of 6156 Lundy's Lane and that the Mayor and Clerk be authorized to execute the Agreement of Purchase and Sale and the Clerk be authorized to affix the corporate seal hereto. 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. F- 2007 -23 2006 Reserves and Reserve Funds It is recommended that City Council review and approve the 2006 transfers to reserves and reserve funds. F- 2007 -24 2006 Development Charges It is recommended that City Council receive and file the attached financial statements regarding Development Charges for the 2006 fiscal year. F- 2007 -25 2006 Capital Accounts It is recommended for the information of the City Council. F- 2007 -26 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 the attached summary be approved and granted to the property owners listed. 15- 2007 -03 Trans Canada Agreement It is recommended that the City of Niagara Falls enter into a Confidentiality Agreement with Trans Canada Pipelines Ltd; and that the Mayor and Clerk be authorized to sign the agreement. L- 2007 -27 Release of Easement, Part Township Lot 88, File No. 2007 -123 It is recommended that a Grant of .Easement for the purpose of a temporary ditch to handle storm water flows registered on title to part of Township Lot 196 on Plan 245 be released, at no cost to the City. MW- 2007 -20 Hunter Street, Kitchener Street, Union Avenue, Victoria Avenue Parking Traffic By -law Update That the recommendations in the report be approved. MW- 2007 -54 Amendment to By -law 89 -2000 Schedule 209.11 It is recommended that Section 209.11 of By-law 89 -2000 regulating parking and traffic on City roads be updated to state the following: A Privately owned vehicle, identified by an official handicapped Y pp permit displayed in the windshield or a valid government issued "Veterans" license plate for up to two hours or the maximum period of time indicated on the face of the meter, whichever is less, as identified in Schedule "G MW- 2007 -55 Stop Signs at Railway Crossings It is recommended that this report be received by Council for information. 8 June 25, 2007 Council Minutes MW- 2007 -65 Consultant Appointment, Baldwin Avenue /Mulhern Street Watermain Replacement It is recommended that (1)the City of Niagara Falls, in accordance with the City's Consultant Selection Policy, enter into a Consulting Services Agreement with Matthews, Cameron, Heywood Kerry T. Howe Surveying Limited for the Engineering Survey component of a watermain replacement project on Mulhern Street from Paddock Trail Drive to Montrose Road, and on Baldwin Avenue from Mulhern Street extending 200 metres to the north to a newer existing PVC watermain; (2) that the upset limit of project is $14,102.00, excluding GST; and (3) that the Mayor and City Clerk be authorized to execute the necessary agreement. MW- 2007 -69 Policy Development Traffic Calming Review It is recommended that (1) Delcan be hired to complete the Traffic Calming Review for Preakness Street, Beaver Valley Subdivision, Callan Lamont and update the City policies related to Speed Hump and Traffic Calming installations; and (2) that the Mayor and Clerk be authorized to execute the necessary agreements at a cost of $54,325.00 excluding GST. MW- 2007 -72 Tender #2007 -03 Asphalt Overlay Phase #2 It is recommended that the unit prices submitted by the lowest tenderer Norjohn Contracting and Paving be accepted and; that approval be granted for the contract amount from the 2007 Capital Budget and; that the Mayor and City Clerk be authorized to execute the necessary agreement. MW- 2007 -73 Tender #2007 157 -07 Don Murie CuI -De -Sac Construction It is recommended that the unit prices submitted by the lowest tenderer Rankin Construction be accepted and; that approval be granted for the contract amount from the 2007 Capital Budge and; that the Mayor and City Clerk be authorized to execute the necessary agreement. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the reports on the Consent Agenda be approved as recommended. Carried Unanimously 2007 -127 2007 -131 2007 -132 BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be given a first reading. Carried with Councillors Fisher and Thomson opposed to By -law 2007 -133; Councillor loannoni opposed to By -law 2007 -128 and 2007 -130 and Councillor Wing opposed to By-law 2007- 128, 2007 -130 and 2007 -132. 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 2007 -128 A by -law to permanently close part of a highway (Grassy Brook and Crowland Roads) 2007 -129 A by -law to establish Part 1 on Reference Plan 59R -13413 as a public highway, to be known as and to form part of Buchanan Avenue 2007 -130 A by -law to amend By -law No. 79 -200, being a by -law to permit the existing one family detached dwelling to be used as a cottage rental dwelling. (AM- 43/2006) A by -law to designate Lots 1 to 18 (inclusive), Lots 26 to 29 (inclusive) and Blocks 33 to 41 (inclusive), Registered Plan 59M -340, not to be subject to part lot control (Garner Village) A 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 2007-133 2007-134 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 25 day of June, 2007 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the by-laws be read a second and third time and passed. Carried with Councillors Fisher and Thomson opposed to By-law 2007-133; Councillor loannoni opposed to By-law 2007-128 and 2007-130 and Councillor Wing opposed to By-law 2007- 128, 2007-130 and 2007-132. Changes on Woodbine Avenue The Director of Transportation Services advised Council that Woodbine Avenue went through a full EA public process. Provincial Water/Lead Testing The Director of Infrastructure Services advised Council that staff is in the process of completing the inventory and are notifying landlord, owners and tenants advising them of the risks and a comprehensive report will be coming in July. Council City Hall Access ORDERED on the motion of Councillor Diodati, seconded by Councillor loannoni that Council be given full access to all City Hall departments and City buildings. with Councillor Pietrangelo opposed Regional Niagara Police Division 22 ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that staff prepare a report for Mayor Salci to present to the Police Services Board expressing Council's concerns and wishes to keep Division 22 open in Niagara Falls. Carried Unanimously ORDERED on the motion of Councillor Mayes, seconded by Councillor Pietrangelo that the meeting be adjourned at 9:40 p.m. DEAN IORFI A, cilry CLERK A by-law to amend by-law 2007-112 being a by-law to set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2007 NEW BUSINESS Carried Unanimously June 25, 2007 Council Minutes Carried R.T. (TED) SALCI, MAYOR