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2007/10/15TWENTY- SECOND MEETING IN CAMERA MEETING Council met on Monday, October 15, 2007 at 6:30 p.m. in an In Camera Session. All members of Council were present. Mayor Salci 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 October 15, 2007 DEAN 10 r FID CITY CLERK R.T. (TED) SALCI, MAYOR Council Chambers October 15, 2007 Council met on Monday, October 15, 2007 at 7:20 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 Fisher, seconded by Councillor Kerrio that the minutes of September 24, 2007 be approved. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Mayes indicated a pecuniary interest to cheque no. 413063 payable to his business. Councillor Wing indicated a pecuniary interest to cheque no. 313813 and 314005 payable to the Niagara Parks Commission and conflict of interest to PD- 2007 -82 which is on Niagara Parks lands, as family members are employed by the Niagara Parks Commission. Councillor loannoni indicated a conflict of interest to PD- 2007 -82 as a member of her family is employed at Skylon Tower. Mayor Salci indicated a pecuniary interest to cheque no. 313964 payable to himself; and PD- 2007 -82 as a member of his family is employed at Skylon Tower. PD- 2007 -88- Chief Administrative Officer Revised Zoning By -law Amendment AM- 41/2006, 2799 St. Paul Avenue, Applicant: Wedgewood Builders of Niagara Limited, Agent: Emilio Raimondo, Raimondo and Associates Architects Inc., Richard Brady, Urban and Environmental Management, Proposed 4- Storey, 47 Unit Condominium Apartment Building Background Originally a rezoning application for a 3 storey, 32 unit apartment building was granted in 1989 although the zoning was not passed until 2001. In 2006, applicant proposed 7 storey, 68 unit apartment building. Applicant held a meeting with surrounding residents who expressed concerns regarding overshadowing of surrounding dwellings by the apartment building. Applicant revised the original proposal to a 5 storey, 19m (62 ft tall building with 49 dwelling units. Applicant brought proposal to Council on July 9, 2007 and upon receiving letters of objection from surrounding residents, requested deferral of the application to consider further revisions. Applicant held a neighbourhood meeting on August 1, 2007. Revised proposal is before Council tonight. Planning Analysis Official Plan Designated Residential Apartment buildings with densities of 75 u /ha (30 u /ac) and heights of 3 -4 storeys can be developed at the periphery of residential neighbourhoods as follows: where they have access to arterial roads, are in close proximity to schools, parks and neighbourhood commercial areas are compatible with surrounding development. OP also encourages gradation of building heights with sufficient horizontal distance separation to ensure complementary arrangement of residential uses. New and infill development shall be designed and integrated to achieve compatibility with the surrounding areas in terms of density, height, mass setbacks and appearance. These policies are not met as follows: Siting of building is too close to north property line adjacent dwellings Current R5A zone has height limit similar to adjacent single detached dwellings while proposed building is an increase of over 40% of the previous approval. The proposal does not provide the gradation in height, nor sufficient distance separation as directed by OP Length of building has been increased from 67m (220 ft) to 76m (250 ft) over the previous submission. The massing created by the height and length is significant when viewed from the north, making it out of character with the surrounding single family residences. Zoning 2 October 15, 2007 Council Minutes PLANNING MATTERS Currently R5A zone which permits 32 dwelling units in an apartment building and a height limit of 10 m (32.8 ft). Applicant is proposing the R5C zone with special provisions to increase the number of dwelling units to 47 with a height of 14m (46 ft) to allow a 4 storey building. The lot configuration and location place some constraints on ability to develop site to the maximum allowed by the OP. The increase to 4 storeys does not provide an adequate gradation of height to nearby 2 storey dwellings. Typically, as buildings get higher, greater setbacks ensure compatibility compensate for the increase. The proposal provides a setback of 7.0 m (23 ft) (half the building height) on the north side which is less than the 7.5m (24.6 ft) rear yard setback for detached dwellings. Conclusion October 15, 2007 Council Minutes The application to amend the Zoning Bylaw to permit a 4 storey, 47 unit apartment building on the site cannot be supported for the following reasons: It does not conform with the Residential policies of the Official Plan, in particular the distance from the lot line and the height and massing which are out of character with surrounding dwellings. The height and siting of the apartment building would adversely impact the properties to the north of the land. Recommendation That Council not approve the Zoning Bylaw amendment application to permit the development of a 4 storey, 47 unit apartment building on the subject land. Stuart Ellis, Solicitor was present on behalf of the area residents. The area residents are in support of staff's recommendation to deny the application. Council is asked to consider the compatibility of the proposed height and size of units with the established single family homes. George Zajac of PEIL, a Planner was present on behalf of the area residents. Mr. Zajac also expressed the residents are in support of staffs recommendation to deny the application. The residents are not against the development but have concerns on the height and density. He felt there was no planning justification for the increased density and that there would be substantial shadowing during different times of year. Sam Manella of 6284 Emma Street was present. Mr. Manella requests that Council supports staff's recommendation to deny the application. The proposed development is 40% higher which will affect privacy and natural factors such as heat and light. The area residents built knowing that the property was zoned for a 3- storey apartment building and are not in favour of anything higher. Victor Marcon of 6292 Emma Street was present. Mr. Marcon expressed the increase in density and height will affect how the residents enjoy their amenities. Ross Wallace of 6351 Jupiter Boulevard was present. Mr. Wallace advised the residents did meet with Rick Brady to express their concerns. He felt their concerns had yet to be addressed. It was later indicated by the agent for the applicant that Mr. Wallace's issues could be dealt with during the site plan process. Domenic Caruso of 6287 Emma Street felt the existing approval on the books is viable and that Council should deny the application. Rick Brady was present on behalf of the applicant. Mr. Brady went through the chronologically of the changes to the project and explained how the 4- storey development will move the building forward (away from the residents), have increased landscaping and will accommodate 16 parking spaces in the basement. There was a meeting with the area residents and the applicant feels a 3- storey development will have more of an impact on the neighbours. He indicated that there was Tess lot coverage with the revised application than with the existing approval The applicant is looking to develop a high -end apartment site but they need more units. Mr. Brady advised Council that if the application is turned down they have no intention to appeal to the Ontario Municipal Board but will go forward with the existing approval but the units will not be "high -end" but might meet the criteria of affordable housing. Emilio Raimondo of Raimondo Architects was present on behalf of the applicant. Mr. Raimondo explained that the 3- storey apartment currently permitted on -site would be compromised aesthetically. He indicated that the closest building was 100 feet from building face to building face. Mr. Raimondo indicated that there would be negligible shadowing effects in the summer months and with the existing 3- storey configuration all parking would be at grade and closer to the residential area. The public meeting was closed. 4 October 15, 2007 Council Minutes ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that the Council not approve the Zoning Bylaw amendment application to permit the development of a 4 storey, 47 unit apartment building on the subject land and that area residents be involved at the Site Plan stage. Councillor Diodati Councillor loannoni Councillor Maves Councillor Thomson Mayor Salci PD- 2007 -83 Chief Administrative Officer Official Plan and Zoning By -law Amendment Application AM- 13/2005, Marineland Parkway, Applicant: Napev Construction Limited, Agent: Uri Salmona, Salmona Tregunno Inc, Proposed Apartment Development Background Originally proposed two 8 storey apartment buildings containing a total of 196 dwelling units. Applicant requested Council defer a decision at November 20, 2006 Public meeting. Applicant held neighbourhood meeting April 3, 2007 showing 3 concept plans. Applicant submitted a revised application before Council tonight showing a 4 storey and 10 storey apartment development with a total of 196 proposed dwelling units. The west (4 storey) building was shifted away from the west lot line by 6m (19.6 ft) Planning Analysis Official Plan AYE AYE AYE AYE AYE Councillor Fisher Councillor Kerrio Councillor Pietrangelo Councillor Wing AYE AYE AYE AYE Carried Unanimously Tourist Commercial policies provide that lands surplus to commercial needs may be used for residential development. Given its location on an arterial road near a minor commercial district, site is appropriate for apartment dwelling use. Lands are outside of the primary development area of TC core and adjacent to residential lands. The property is of sufficient size to accommodate a multiple unit development. The site is suitable for an increase in height and density within the Official Plan. Residential policies permit apartment buildings in the range of 4 -6 storeys and a density of up to 100 u /ha (40.5 u /ac) on the periphery of residential neighbourhoods and convenient access to an arterial road. Official Plan encourages a gradation of building heights with sufficient horizontal distance separation to ensure a complementary arrangement of residential uses. Applicant has revised the proposal to show a 4 storey building (reduction from previously submitted 8 storey) and a second building of 10 storeys. 10 storeys is still taller than existing approvals north of Marineland Pkwy which has zoning for 7 8 storey buildings. Therefore, any additional height on this property should not exceed 8 storeys. Setback for 4 storey building has been increased to 6m (19.6 ft) and when Con Rail drain is factored in provides a distance separation of 42m (138 ft) to the nearest low density residential property. 10 storey building has a distance separation of 82m (270 ft) from houses in Drummond Park Village. Density of the project is 154 u /ha (62 u /ac) and could be accommodated due to conversion from TC designation and its access to an arterial road. Although apartment buildings may be permitted under TC designation, Staff is recommending that land be redesignated Residential, with special site policies that reflect the recommended development. Applicant has submitted servicing and traffic studies that indicate current Zoning Land should be put under site specific R5E zone rather than requested R5F zone Better reflect the requested density (149u /ha 60 u /ac), limit height to 4 8 storeys, respectively; and secure the configuration of building envelopes. Conclusion Recommendation 5 October 15, 2007 Council Minutes infrastructure can generally support the development. Region's Public Works have factored the development into their McLeod Rd Corridor Study to ensure road infrastructure will support anticipated traffic. Additional infrastructure, including a watermain loop to service the site and nearby lands and a left turn lane into the development should be provided. Hold symbol should be implemented through the site specific zoning, to be lifted once the necessary agreements to provide the servicing infrastructure have been executed. Although latest City statistics identify an inventory of vacant residential land, Planning staff do not object to the use of the and for multi family residential A residential development of an appropriate scale will complement the surrounding neighbourhood provide housing choices. The revised application to amend the Official Plan and the Zoning Bylaw can be supported, provided the buildings are limited to heights of 4 storeys and 8 storeys respectively and to the proposed building envelopes, for the following reasons: It is in conformity with the general objective of the Official Plan, in particular that residential areas are protected from the adverse impacts of high rise, high density development. The recommended project is of a height and density that provides a gradation of heights and distance such that it will not adversely impact on surrounding development. The lands should be designated Residential with site specific policies for height and density. The property should be rezoned as R5E with site specific provisions for height and density as well as site specific setback requirements. That Council approve the Official Plan and Zoning Bylaw amendment application to permit the development of two apartment buildings on the land, subject to the westerly apartment building being limited to a maximum of 8 storeys and the building envelopes being secured. David Butynec of 5739 Deerbrook Street was present with concerns of the proposed application. Mr. Butynec lives at the east side of the development and has concerns of privacy. There is no buffering line of trees to block the view of the 4- storey building. Mr. Butynec would like to see two 4- storey buildings with a mature tree line buffer zone. There is also a concern on the traffic study that was done in 2005 which does not take into account the recent developments such as Thundering Waters, proposal on the corner of McLeod and Alex Avenue and the proposed Convention Centre. Mr. Butynec believes McLeod Road cannot hold this amount of traffic and would like another traffic study done. Dan Tregunno, a lawyer, was present on behalf of the applicant. Mr. Tregunno advised Council they are working with the Region on concerns such as the request for a left turn lane and extension and looping of the watermain. The proposal is for a 4- storey and 10- storey building and is requesting Council to approve the application as submitted or to approve a 6- storey and 8- storey building, keeping the numbers at 14. With respect to buffering, these issues will be addressed at the Site Plan stage. The public meeting was closed. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the report be approved as recommended. Councillor Diodati Councillor loannoni Councillor Maves Councillor Thomson Mayor Salci Planning Analysis Zoning AYE AYE AYE AYE AYE Councillor Pietrangelo took over a Chair. 6 Councillor Fisher Councillor Kerrio Councillor Pietrangelo Councillor Wing October 15, 2007 Council Minutes AYE AYE AYE AYE Carried Unanimously PD- 2007 -82 Chief Administrative Officer Zoning By -law Amendment Application, AM- 14/2007, 5382 Robinson Street and Lands on the West Side of Stanley Avenue, South of Robinson Street; Applicant: Canadian Niagara Hotels, Agent: Emilio Raimondo, Raimondo and Associates, Allowing Tandem Parking On -Site and Pemitting a Portion of the Required Parking Off -Site Proposed change is not consistent with OP policies for `grandfathered' zoning. Both parcels are designated Tourist Commercial Parcel 1 was zoned for high rise development in 1966, which was carried forward into current zoning bylaw which allows a building to be 76 m (249 ft) high. Tourist Commercial policies provide that none of the policies supersede any site specific zoning which existed before the policies were adopted and that any proposal to replace existing developments shall satisfy the intent of the policies. In effect, as long as it complies with the existing zoning the applicant can build a hotel without meeting any of the policies of the OP including design criteria and Architectural Peer Review requirements. However, any proposal to change the existing development approval must satisfy the intent of the Tourist Commercial policies. The request to change the zoning is considered contrary to the intent of the OP since it would replace existing development approvals with new standards. Requested off site parking facilities will have an impact on the surrounding area. The OP encourages required parking for large tourist commercial developments to be contained on site, preferably in parking garages. Urban Design Objectives of the Tourism Policy Review recommend, as general rule, that all required parking be provided on site. Surface parking lots are to provide a landscaping strip of 6m (20 ft) between the parking lot and abutting streets to create more pleasant streetscapes. Off site parking is undesirable for the following reasons: It increases traffic congestion on City streets as valet drivers transport vehicles between the hotel and parking lot instead of patrons walking to an on site parking facility. The City has already received numerous complaints about the driving habits of valet drivers on City streets accessing other off site parking lots and the addition of further such facilities may cause further complaints. Proposed hotel and ancillary uses require 329 on -site parking spaces where the applicant proposes 155 spaces (47 on -site and 174 spaces (53 off site. Of the dozen properties approved for off -site parking an average of 45% is provided off -site. Parcel 2 which is to be used for off -site parking is located 512m (1680 ft) away from the proposed hotel, more than twice the average distance of other off -site parking Tots and hotels they serve. It has not been demonstrated the reduction in parking space standards for the on -site parking will work on -site. The zoning bylaw requires parking spaces in parking garages to have direct access to a manoeuvring aisle with a minimum width of 6.3m (20.7 ft). Conclusion 7 October 15, 2007 Council Minutes The applicant is proposing to tandem park up to 4 vehicles accessed by a 3.7m (12 ft) wide manoeuvering aisle. Such an arrangement is going to require a number of vehicular movements to get one vehicle out. The applicant has not yet demonstrated that this arrangement will work, and if this is the case, it may be that further off site parking will be needed for the temporary storage of vehicles while retrieving other vehicles, thereby contributing to further traffic congestion in the general area. The building encroaches to the rear year of Parcel 1 for which no relief from the zoning requirement has been requested. The proposed development has been designed such that the parking garage extends beyond the hotel tower on the east side. The garage is located underground at the west property line, but as the site slopes down to the east, it projects significantly above grade at the east property line. The garage also does not comply with the required set backs from the property line. The applicant does not agree with this interpretation. The proposed Zoning Bylaw amendment cannot be supported for the following reasons: Locating required parking off site is not encouraged by the Official Plan, is not in keeping with the Council adopted Tourism Policy Review Implementation Handbook and will contribute to traffic congestion on City streets. The proposed reduction in zone requirements for on -site parking to accommodate the tandem parking arrangement has not been demonstrated to work. It is recommended the proposal be redesigned to contain all required parking to the hotel site. Recommendation That Council deny the Zoning Bylaw amendment application to permit a portion of the required parking off site and to allow tandem parking on site. Brian Duxbury, solicitor for the Skylon, was present opposed to the application. Mr. Duxbury questioned whether there had been ample traffic analysis of the affect on the bottom end of Robinson Street. Emilio Raimondo of Raimondo Architects was present on behalf of the applicant. With the application there will be less moraine interruption, off -site, valet parking is common in municipalities like Toronto and there have been other approvals for tandem parking, most notably the Hilton expansion. John McGill of Totten Sims Hubicki was present on behalf of the applicant. In 2002 there was a traffic study submitted which was subsequently approved for a 600 room hotel which is not on the table. The new traffic impact study revisits the development application proposed now. The 2002 projections have been updated. There are no real issues with the traffic issues and valet parking, with the majority of movements being safe. With respect to parking the requirement for two to one spaces for the hotel is much more than satisfied as there is approximately 70 spaces allotted to the ancillary uses. The public meeting was closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Mayes that Council approve the Zoning Bylaw amendment application to permit a portion of the required parking off site and to allow tandem parking on site. Carried Unanimously with Councillor Wing, loannoni and Mayor Salci declaring a conflict. 8 October 15, 2007 Council Minutes ORDERED on the motion of Councillor Diodati, seconded by Councillor Thomson that staff meet with the developer to mitigate effects on the moraine and report back. Carried Unanimously with Councillor Wing, loannoni and Mayor Salci declaring a conflict. Mayor Salci presided as Chair. PD- 2007 -85 Chief Administrative Officer Zoning By -law Amendment Application, AM- 25/2007, 7797 Lundy's Lane (Rear Land), Owner: 968566 Ontario Inc. (Bhavanbhai Patel), Agent: Nick Cirillo, Proposed Residential Lot Addition Planning Analysis Official Plan Designated Tourist Commercial Land to the north with frontage on the subdivision street is designated Residential. OP allows boundary between land use designations to be interpreted as following the new rear lot line between the properties. Subject land is not currently used by the motel development. Proposal would enlarge the rear yard area for the dwelling and provide increased separation between the residential dwellings to the north and any potential redevelopment on the TC zoned lands. Zoning Committee of Adjustment granted approval to a related severance to permit the boundary adjustment. A condition of severance was that the lands be zoned the same category as abutting residential property. Lot to the north is zoned R1 E. The balance of the motel property satisfies the TC zoning requirements for lot size and the setbacks of the existing building comply with the minimum bylaw provisions. Staff view the resulting irregular lot configuration an interim step. The long term objective should be that the severed portion be divided into 3 parcels to be added to the respective Tots, thereby providing better property configurations and increased rear yard amenity space for each lot. Conclusion Recommendation Approval of the requested amendment would satisfy a condition of a related severance application. The proposal complies with the Official Plan and is the same R1 E zone as the residential properties. That Council approve the Zoning Bylaw amendment application to change the TC zoning of a strip of land north of the Advantage Inn (7797 Lundys Lane) to the R1 E zone to permit a lot addition to the residential property to the north (7798 Spring Blossom Drive). There was no one in the gallery who indicated an interest in the matter. As a result, the public meeting was closed. Nick Cirillo, the agent and purchaser of the adjacent property, indicated that the parcel in question is 25' by 205'. His purchase of the property will allow a more substantial buffer between the residences and the motel. 9 October 15, 2007 Council Minutes ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the report be approved as recommended. 26T -96001 (Revised), 26T -11- 2006 -02 (Revised) AM- 42/2006, Warren Woods Draft Plan of Subdivision, Zoning By -law Amendment Application, Kalar Road (West Side) /South of McLeod Road, Owner: Warren Woods Land Corporation 617567 NB Inc. (Jim Ruscica) Planning Analysis Official Plan Majority of the property designated Residential 2 existing branches of the Warren Creek designated Environmental Protection Area Official Plan promotes a compatible mix of dwelling types, lot sizes and densities to provide a full range of housing opportunities and potential affordable housing. With the satisfaction of the required conditions of approval regarding the industrial lands in the area, the development will be compatible with existing and future surrounding uses. Garner Neighbourhood Secondary Plan The Secondary Plan provides further direction to the Official Plan. General roadway locations, and the environmental features to be protected are all shown on the land use plan for this subdivision and satisfy the objective and intent of the Secondary Plan. Secondary Plan promotes a mix of 70% detached /semi detached lots and 30% multiple units; the Warren Woods plan provides a split of 61.4% detached /semi detached lots and 38.6% multiple units. This figure approaches the municipal requirements and satisfies the Provincial initiatives. Warren Creek Environmental Assessment In accordance with the Warren Creek Watershed Master Plan, the City initiated an Environmental Assessment for the realignment of the existing watercourses in the area, as well as an examination of potential impacts on the Provincially Significant Wetland to the west. Subdivision Plan has been designed to accommodate the creek realignment routes and stormwater management requirements which will serve the larger area. Environmental Assessment is currently in the public commenting phase. Subdivision Design Subdivision proposes a compatible mix of dwelling types lot sizes with road pattern lotting that represents an efficient use of urban residential land. Road rights of way are requested to be increased to City standards. Development of subdivision will be limited to 100 units until a second permanent road access is available. Traffic calming techniques are required and parking restrictions on certain streets to ensure adequate fire access. Cytec expressed concerns about the design providing for a future road connection to the south. The subdivision plan has been revised to eliminate the road connection although the City will hold one lot. Zoning Amendment Carried Unanimously A site specific R3 zone category is requested with standards for detached and semi detached Tots and on- street townhouse blocks. The majority of lots exceed the proposed minimum lot area provisions. These proposed zoning standards apply `new urbanism' principles to create a pedestrian oriented subdivision with homes porches closer to the street and garages located further back. The requested setbacks for garages from both front and exterior side yards are greater than current City standards and allow space to park a vehicle in the driveway. Interior side yards of 1.2 metres are proposed for singles and semis, regardless of height, while on street townhouses will provide side yards of 2.4metres. The maximum lot coverage provisions of 50% for singles and semis and 55% for townhouses are requested. The developer has requested that both garage and driveway parking spaces be counted for the on street townhouses to meet the zoning requirement and this is acceptable. The creek will be zoned Environmental Protection Area and the park will be zoned Open Space. Conclusion Recommendation 10 October 15, 2007 Council Minutes The Warren Woods Draft Plan of Subdivision is an appropriate development of the site. The design applies contemporary planning principles. The application is consistent with the Provincial Policy Statement and complies with the policies of the Official Plan. The construction of the necessary municipal services (sanitary sewers and pumping station, watermain, storm drainage works) are anticipated to be completed by mid 2008. The recommended Zoning Bylaw amendment will provide suitable regulations for the construction of the dwellings and also to protect the watercourse. The required conditions of approval are listed in the Appendix to the report. The R3 site specific zone is appropriate for this residential development. The Creek will be zoned Environmental Protection Area and the park block zoned Open Space. 1. That the Warren Woods Plan of Subdivision be draft approved subject to the conditions in the report. 2. That the Mayor or designate be authorized to sign the draft plan `as approved' 20 days after the notice of Council's decision has been given as required by the Planning Act, provided no appeals have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the application to amend the Zoning Bylaw be approved as detailed in this report to provide the necessary land use regulations to guide the development of the subdivision. Henry Badger of 5766 Depew Avenue was present with concerns regarding the development. Mr. Badger owns land immediately north of the proposed development and has had ongoing problems with water. It was explained that water issues will be dealt with through the Warren Creek Watershed Plan, which is nearing completion. Dan Leeming, Urban Planners, was present on behalf of the applicant. He reminded Council of his presentation in June and that they have worked closely with City Planners to address all issues. They concur with staffs recommendation. The public meeting was closed. ORDERED on the motion of Councillor Mayes, seconded by Councillor Thomson that the report be approved as recommended. MAYOR'S REPORTS, ANNOUNCEMENT Carried Unanimously Mayor Salci expressed condolences to Bob Bolibruck for the recent loss of his brother Lyle. Congratulations to Kim Craitor on his re- election as MPP for Niagara Falls. Congratulations also to all the other candidates in the Region who ran for office in this last Provincial election. 11 October 15, 2007 Council Minutes During the Premier's recent visit to Niagara Falls he announced "The 2 Casino's are here to stay ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni a letter of thanks be sent to Premier McGuinty, Ministers David Caplan and Jim Bradley and Kim Craitor, M.P.P. for their work to solidify this commitment of the government to keep 2 Casinos open and operating fully in Niagara Falls. Carried Unanimously Recent events include the A.N. Myer and Westlane Concert Bands participation in Can -Am Days in Treasure Island, Florida, the 105 Anniversary of the Battle of Queenston Heights and the first show in this year's Niagara Concert Series at Kingston College. Upcoming events include supporting Big Brothers and Big Sisters Association on Wednesday, October 17 by ordering pizza from Pizza Pizza on Lundy's Lane and Portage Road, to United Way's Annual Poor Boy luncheon, which is taking place on Thursday, October 25 and the Schools in Bloom Awards also taking place on Thursday, October 25th. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Arts Culture Committee request to proclaim October 28 to November 3, 2007 as Arts Culture Week in the City of Niagara Falls. RECOMMENDATION: For the approval of Council. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the communication be approved as recommended. Carried Unanimously 2. Safe Kids Canada request to proclaim October 22 to 28, 2007 as Safe Crossing Week in the City of Niagara Falls. 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 3. Correctional Service Canada request to proclaim November 18 to 25 as Restorative Justice Week in the City of Niagara Falls. RECOMMENDATION: For the approval of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves that the communication be approved as recommended. Carried Unanimously 4. Winter Festival of Lights request for use of pyrotechnic fireworks display over the Falls for various dates from November 3, 2007 to January 8, 2008. RECOMMENDATION: For the approval of Council. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that the communication be approved as recommended. Carried Unanimously 5. Town of Niagara -on- the -Lake request that the City support a resolution calling on the Ministry of Transportation to proceed with the environmental assessment process and detailed design of the Q.E.W./ Glendale Avenue interchange and the possibility for signage from the 405 to Niagara Falls. RECOMMENDATION: For the information of Council. with Councillor Thomson opposed. 12 October 15, 2007 Council Minutes RECOMMENDATION: For the approval of Council. ORDERED on the motion of Councillor Wing, seconded by Councillor Pietrangelo that the communication be approved as recommended and that signage directing people to Niagara Falls be considered in any re- configuration of the interchange. Carried Unanimously 6. Nicole and Allan Ferguson request that dog on Bonnie Street be declared vicious. ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson to receive and file the communication. Carried Unanimously The City Clerk advised of an addition report to the Consent Agenda FS- 2007 -05, Emergency Operations Centre Equipment. REPORTS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati for Council to proceed past 11:00 p.m. Carried Unanimously 1. BDD- 2007 -04 Chief Administrative Officer- Niagara Economic Development Corporation (NEDC) Services It is recommended for the Information of Council. Councillor Thomson would like that staff request regular reports and statistical information on what the City of Niagara Falls is getting for the monies submitted to NEDC. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the report be approved as recommended. Carried 2. HR- 2007 -11 Chief Administrative Officer CAO By -law and Job Description It is recommended for the information of Council, the revised CAO By -law and job description. ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the report be approved as recommended. Carried Unanimously 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 be approved as recommended. 1) The minutes of the September 24, 2007 meeting be approved. 2) PD- 2007 -62 Growth Management Official Plan Review 1) That the Comprehensive Review of Residential and Employment Land Needs and Supply, prepared by urbanMetrics Inc., be adopted in principle except for recommendations 1, 12 13 outlined in the Executive Summary in the Review. 13 October 15, 2007 Council Minutes 2) That processing of the Amendment Applications be initiated in light of the findings of Phase 1. 3) That the pre- existing amendment application by the Northwest Community Land Group (NCLG) proceed to a public meeting, and 4) That Phase 2 of the Growth Management Official Plan Review recommend amendments to the Official Plan based on accommodating the City's growth needs to the year 2031 and that, in that context, the consultants evaluate the appropriateness of an urban boundary expansion in the northwest portion of the City. Carried Unanimously COMMUNITY SERVICES COMMITTEE AGENDA 1) PD- 2007 -87 Site Alteration By -law, Dumping of Fill on Agricultural Lands That the Site Alteration By -law 2004 -57 be amended to ensure the continued viability of agricultural lands as outlined in this report. 2) MW- 2007 -108 Results of the July 19 Storm Event Proposed Action Plan It is recommended that the proposed action plan set out in this report be approved. 3) MW- 2007 -122 Rooftop Sign Stanley Avenue at Highway 420 That this report be received and filed. 4) MW -2007 -120 CTAA Request for Transit Service For the consideration of Council. 5) TS- 2007 -02 Randy Drive at Cherrygrove Road Intersection Control Review 1) That at stop sign be installed facing southwest bound motorists on Randy Drive at Cherrygrove Road; and 2) That a stop bar be painted on the west approach of Randy Drive. 6) TS- 2007 -04 Swayze Drive between Portage Road and Stanley Avenue Speed Review 1) That a traffic calming review, be included for consideration in the 2008 traffic calming programs budget, to address concerns related to speeding on Swayze Drive between Portage Road and Stanley Avenue; and 2) That the Niagara Regional Police be requested to provide regular enforcement, of the speed limit, along Swayze Drive when resources are available. 7) TS- 2007 -06 Toys for Tickets Campaign 1) That the City of Niagara Falls implement a "Toys for Tickets" with collected toys donated to Project S.H.A.R.E. and the Salvation Army. 2) That staff report back to Community Services Committee in early 2008 on the participation and success of the campaign. ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati that the CTAA request for Transit Service and the remaining recommendations from the Community Services Committee be approved as recommended. 14 October 15, 2007 Council Minutes Carried Unanimously ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that staff investigate implementing the Toys for Tickets Campaign closer to Christmas. CORPORATE SERVICES COMMITTEE AGENDA 1) Approval of the minutes of the September 24, 2007 Corporate Services Meeting 2) F- 2007 -37 PSAB 3150 For the information of the Corporate Services Committee. 3) F- 2007 -38 Municipal Credit Card That staff monitor the implementation of the Muni -Card in other municipalities and report to Council on the successfulness of the program ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the recommendations from the Corporate Services Committee Agenda be approved as recommended Carried Unanimously ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that report CPS 2007 -03, Water and Sewer Rates Review be deferred and a meeting be arranged with Michael Louden, Ed Bielawski and City staff to clarify the details of the Water Rate Study. Carried Unanimously RATIFICATION OF "IN CAMERA" ACTIONS PROPERTY MATTERS ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes 1. That Council instruct the City Solicitor to attend the Ontario Municipal Board hearing regarding Zoning By -law Amendment No. 2007 -62 (RRVP Niagara Square Inc., 7555 Montrose Road) on October 17, 2007; 2. That at the Ontario Municipal Board hearing, the City Solicitor advise the Board that the City consents to the amendment of By -law No. 2007 -62 of The Corporation of the City of Niagara Falls to delete the holding provisions of that By -law. The permitted uses and regulations promulgated by that By -law are to remain exactly as enacted by Council on March 19, 2007; and 3. That other City Staff attend the Ontario Municipal Board hearing scheduled for October 17, 2007 to provide such assistance to the City Solicitor as is required to obtain the consent order. Carried Unanimously Carried Unanimously 15 October 15, 2007 Council Minutes CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F- 2007 -39 Municipal Accounts It is recommended that Council approve the municipal accounts totaling $24,301,551.18 for the period August 29, 2007 to October 2, 2007. FS -2007- Emergency Operations Centre Equipment It is recommended that Council approves the purchase of equipment for the Emergency Operations Centre at Fire Station 1 from Design Electronics for $102,600.00. MW- 2007 -118 Tender #T -17 -2007 New Equipment Purchase It is recommended that the tender for the purchase of Three (3) Latest Model Trucks, Cab Chassis with 6.0 cu.yd. Minimum Dump Body /Spreader, All Season Combination Equipped with Power Operated Snowplow Wing be awarded to Archer Truck Services Ltd. of St. Catharines in the amount of $559,076.47 and; that the Mayor and City Clerk be authorized to execute the necessary agreement. MW- 2007 -119 Contract 2007 158 -05 Victoria Avenue Clifton Hill Intersection Improvements It is recommended that the unit prices submitted by the lowest tenderer Steed Evans 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 -121 Tender 2007 190 -07 Delaware Street, Dawlish Avenue, Roger Crescent Watermain Replacement It is recommended that the unit prices submitted by the lowest tenderer Alfidome Construction 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 -123 Contract 2007 193 -07 Garner Southwest Servicing Gravity Sewers and Watermain It is recommended that the unit prices submitted by the lowest tenderer Gibbons Contracting Ltd. be accepted and; that approval be granted for the contract amount from the 2007 2008 Capital Budget and; that the Mayor and City Clerk be authorized to execute the necessary agreement. TS- 2007 -01- School Signing Policy It is recommended for the information of Council. TS- 2007 -03 Beaverdams Road Safety Assessment Consultant Selection It is recommended for the information of Council. R- 2007 -27 Chippawa Boat Ramp Agreement It is recommended that the City of Niagara Falls enter into a renewal license agreement with the Ontario Power Generation Inc. for the Chippawa Boat Ramp and that the Mayor and Clerk be authorized to sign the agreement. PD- 2007 -84 Preparation of Market Feasibility Study for Sylvia Place Market It is recommended that Council authorize the execution of an agreement with Urban Marketing Collaborative to prepare a Market Feasibility Study for the Sylvia Place Market. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the reports on the Consent Agenda be approved as recommended. Carried Unanimously ORDERED on the motion of Councillor Fisher, seconded by Councillor Thomson that staff review the usage of the Chippawa Boat Ramp and related traffic problems. Carried Unanimously 16 October 15, 2007 Council Minutes BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be given a first reading. Carried Unanimously 2007 -199 A by -law to establish Part 1 on Reference Plan 59R -13486 as a public highway, to be known as and to form part of McLeod Road 2007 -200 A by -law to establish Part 1 on Reference Plan 59R -13466 as a public highway, to be known as and to form part of Kalar Road 2007 -201 A by -law to establish Part 1 on Reference Plan 59R -13441 as a public highway, to be known as and to form part of Drummond Road 2007 -202 A by -law to establish Part 4 on Reference Plan 59R -13441 as a public highway, to be known as and to form part of Drummond Road 2007 -203 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 -204 A by -law to establish part Township Lot 97 Stamford as a public highway, to be known as and to form part of Dorchester Road 2007 -205 A by -law to amend By -law No. 79 -200, as amended, to permit 19 on- street townhouse dwelling units (AM- 07/2007) 2007 -206 A by -law to amend By -law No. 79 -200, to recognize an existing triplex on the land (AM- 10/2007) 2007 -207 A by -law to amend By -law No. 79 -200, as amended, to allow the use of the existing building for a day nursery (AM- 20/2007) 2007 -208 A by -law to amend By -law No. 79 -200, as amended, to recognize the use of an existing building as a hostel (AM- 24/2006) 2007 -209 A by -law to amend By -law No. 79 -200, to permit the development of lands on the west side of Stanley Avenue, north of Thorold Stone Road, for light industrial use (AM- 13/2004) 2007 -210 A by -law to define, limit and determine the duties and responsibilities of the Chief Administrative Officer 2007 -211 A by -law to authorize the payment of $24,301,551.18 for General Purposes 2007 -212 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 15 day of October, 2007 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be read a second and third time and passed. Carried Unanimously Pedestrian Crosswalks NEW BUSINESS ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that staff investigate a crosswalk between Pin Oak Drive and Kalar Road and report back on an update from the Region on a pedestrian crossing in front of GreyCliffe Manor on Lundy's Lane. Carried Unanimously CPTED 2007 Conference ORDERED on the motion Councillor loannoni, seconded by Councillor Pietrangelo that interested Council members be allowed to attend the 2007 CPTED Conference November 19, 2007. Carried Unanimously Police Services 17 October 15, 2007 Council Minutes Councillor loannoni reminded Council of the Police Services Board public consultation on Tuesday, November 6 at 6:00 p.m. to 9:00 p.m at the MacBain Centre. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the meeting be adjourned at 11:35 p.m. Carried Unanimously DEAN 10 Fl A, CITY CLERK R.T. (TED) SALCI, MAYOR