2008/03/17FIFTH MEETING
IN CAMERA MEETING
Council met on Monday, March 17, 2008 at 4:00 p.m. in an In Camera Session, all
members were present except Councillors loannoni, Kerrio, Thomson and Wing.
Councillor Pietrangelo presided as Chairman. An In Camera session resumed at 6:35 p.m.
All members present with Councillor Thomson presiding as Chair. A third In Camera
session convened at 1:40 a.m. in Committee Room #1. Mayor Salci presided as Chair.
Councillors Fisher, loannoni, Thomson and Wing were absent.
Following consideration of the items presented, the In Camera Session did rise and
report in open session.
REGULAR COUNCIL MEETING
ADOPTION OF MINUTES
DISCLOSURES OF PECUNIARY INTEREST
Committee Room 2
March 17, 2008
DEAN IORFtTSA, CITY CLERK R.T. (TED) SALCI, MAYOR
Council met on Monday, March 17, 2008 at 7:00 p.m. for the purpose of considering
Regular Business matters. All members of Council were present. Councillor loannoni
offered the Opening Prayer.
Following the opening prayer, Carly Manley sang the National Anthem.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati
that the minutes of February 25 2008 be approved as printed.
Carried Unanimously
Councillor Wing indicated a conflict to an In Camera matter, re: Development
Charges and report PD- 2008 -23 as it involves her spouse's employer.
Councillor Thomson indicated a conflict to an In Camera matter, re: Development
Charges and to Report PD- 2008 -23.
Councillor Kerrio indicated a conflict to an In Camera matter, re: Development
Charges, as he is a party to the legal proceedings and to Reports PD- 2008 -12, PD -2008-
24 as he is involved in litigation with Cytec and to PD- 2008 -23, the existing hotel is located
across from his hotel.
Councillor Maves indicated a pecuniary interest to cheque no. 318068, made out
to his business.
Councillor loannoni indicated a conflict to an In Camera matter, re: Development
Charges and to reports PD- 2008 -23 and PD- 2008 -18 and a pecuniary interest to cheque
no. 318077 made out to her spouse.
Mayor Salci indicated a pecuniary interest to cheque no. 317723 and 318116, made
payable to himself.
YWCA Women of Distinction Awards and Gala
Karen Bird, Board Chair provided Council with a brief overview of the YWCA
Women of Distinction Awards Call for Nominations Gala. She encouraged the public to
nominate a woman who has distinguished herself by her personal achievements, her
community commitment and her contribution to the advancement of women. The event will
take place on Thursday, May 8, 2008 at John Michael's Banquet & Conference Centre.
Community Workplace Health & Safety - The Road to Zero
Honourable Steven Mahoney, P.C. of Workplace Safety and Insurance Board
(WSIB) outlined the campaign - The Road to Zero and showed a brief video. He advised
that by signing the Charter the City of Niagara Falls is making a public commitment to
participate within a learning community for the enhancement of employee physical, social
and mental well -being in all employment sectors within our community.
ORDERED on the motion of Councillor Diodati, seconded by Councillor Wing that
Council endorses the Community Workplace Health & Safety Charter.
Carried Unanimously
Downtown IDEA Challenge
Melanie Mullen of Celebrate Old Downtown introduced the winners of the recent
Downtown IDEA challenge. The downtown group performed their "Downtown Song" for
Council and the public.
PD- 2008 -24 - Chief Administrative Officer - AM- 31/2005, Official Plan Amendment
Application, Sentex Developments West of Montrose Road, East of Garner Road,
North of Brown Road and South of the Hydro Corridor, Niagara Falls (Lots 198 and
199), Conversion from Industrial to Residential
The Manager of Community Improvement and Planning Projects reviewed the
recommendations and provided the following information:
Site Conditions
- 2 - March 17, 2008
Council Minutes
DEPUTATIONS/ PRESENTATIONS
PLANNING MATTERS
A significant portion of the land is covered with PSWs and a wooded area is located on the
northeast corner of Kalar & Brown Rds.
Remainder of lands are now or have been used in the past for agriculture.
Lands are relatively flat and drain southeast through Warren Creek to Welland River.
Surrounding Land Uses
North & South: primarily vacant and wetlands together with 2 salvage yards — one north
on Kalar Rd. and one west of Garner Rd.
Northeast: Niagara Square and industrial /commercial uses surrounding it.
Southwest: Cytec Canada.
West -East —hydro corridor along the northerly limit of subject lands.
BACKGROUND
- 3 -
March 17, 2008
Council Minutes
Sentex Developments has submitted an application for the conversion of approximately
66 ha (185 ac) of vacant land from Industrial to Residential and Environmental Protection
Area (EPA). The EPA designation would apply to the Provincially Significant Wetlands.
The proposed amendment is part of the overall development of the Warren Woods
Community which would ultimately consist of 1,000 -1,375 dwelling units with a mix of retail,
community, recreational and office uses.
The Community includes the recently approved Warren Woods Draft Plan of Subdivision
located north of the subject lands, and 15 ha (37 ac) along the east side of Garner Rd. that
is to remain Industrial and ultimately be developed into a recreational use, complementary
to the residential development. Approx. 9 ha (22 ac) fronting onto Montrose Rd. is also to
remain Industrial.
The Community will be part of a future Secondary Plan extending from McLeod Rd. south
to Brown Rd. and from Garner Rd. east towards Montrose Rd.
PLANNING ANALYSIS
PROVINCIAL POLICY STATEMENT (PPS) & GROWTH PLAN
The PPS and the Growth Plan for the Greater Golden Horseshoe only permit municipalities
to convert employment areas to non - employment areas when a municipally initiated
comprehensive review has demonstrated that the land is not required for employment over
the long term and there is a need for the conversion.
In October 2007, the City approved the recommendations of the Comprehensive Review
of Employment and Residential lands, prepared by urbanMetrics inc. The study concluded
that based on the population projections contained in the Growth Plan, the City should be
expanding its supply of residential lands to accommodate projected growth. The study also
concluded that employment will continue its historical transition towards the service
oriented employment and away from heavy manufacturing, therefore leading towards an
over supply of vacant industrial land.
CONFORMITY WITH RESIDENTIAL POLICIES
The OP states that residential development should occur in a manner that is compatible
with the surrounding neighbourhood, incorporates amenity features and is sufficient to
accommodate anticipated population growth through varying housing types and densities.
The subject lands are positioned to develop into a community due to:
- Easy access to shopping (Niagara Square, among other sites)
Community infrastructure (i.e. schools, MacBain Centre)
- Employment lands
Direct access to two arterial roads (Montrose & Kalar Rds.)
Council recently granted draft approval to the Warren Woods Plan of Subdivision, located
directly north of the subject lands.
These lands were designated Residential in the OP, and along with lands
extending west of Garner Rd. to a tributary of Thompson Creek, form part of
the Garner Secondary Plan.
The extension of the residential community south of the hydro corridor would
be a logical extension of the Garner Secondary Plan and the approved
residential uses.
INDUSTRIAL COMPATIBILITY
9 ha (22 ac) of land along Montrose Rd is to remain industrial as per the urbanMetrics
recommendation.
- 4 - March 17, 2008
Council Minutes
setbacks from existing industrial and potential future industrial uses will be detailed as part
of the Secondary Plan
MOE guidelines provide for a minimum distance separation of 300 m (984 ft) between
heavy industrial uses (Cytec) and residential uses and a 1000 m (3280 ft) area of
influence.
Cytec has requested the minimum 1.09 km (3576 ft) setback as was used for Grand
Niagara and Heartland Forest.
The applicants have proposed a 2 km (7,152 ft) setback from the point of origin which are
the phosphine tanks on the Cytec lands based on MIAC (Major Industrial Accidents
Council) guidelines.
It is recommended that the lands within the 1000 m (3280ft) Potential Area of Influence
should remain designated Industrial.
NATURAL AREAS
Several PSW's, a segment of Warren Creek and an identified deer wintering yard are
located with the subject area.
The redesignation of the realigned portion of Warren Creek, the wooded area and the
wetlands to EPA would comply with the OP policies. The boundaries of these features will
be refined through the Secondary Plan process.
DEVELOPMENT THROUGH A SECONDARY PLAN
Secondary Plans are encouraged through the OP for larger areas to ensure appropriate
and efficient development and are to be coordinated with servicing studies in advance of
development.
The ultimate development of Warren Woods will be guided by a Secondary Plan which will
detail:
design policies, densities, location and areas of land uses, servicing and
public utilities, community services such as fire, parks, trails, road patterns,
and natural heritage protection.
The requested amendment to convert Industrial lands is a interim step prior to the
preparing of the Secondary Plan. As such, the amendment will restrict any development
on the lands until the Secondary Plan is finalized.
A clause would be included in the OP amendment to provide for the rezoning of the subject
lands to Development Holding to prohibit any development prior to the completion of the
Secondary Plan so that future development patterns and targets are not compromised.
CONCLUSION
The proposed residential use of the lands can be supported on the condition that
development not occur until completion of a Secondary Plan.
The proposed amendment can be supported as modified to retain an industrial designation
for lands located within the 1,000 m (3280 ft) Potential Area of Influence of the MOE
Guidelines from the Cytec Canada lands. A reduction or increase to this setback will be
considered where supported by acceptable studies through the Secondary Plan process.
RECOMMENDATION
That the application to amend the Official Plan be approved as modified to retain an
Industrial designation for lands located within the 1,000 m (3280 ft) Potential Area of
Influence of the MOE Guidelines from the Cytec Canada lands.
Dr. John Bacher, 134 Church Street, St. Catharines, representing the Preservation
of Agricultural Society, indicated that he was not speaking in opposition to the application
- 5 - March 17, 2008
Council Minutes
but felt that the matter should be deferred because of one detail. He felt that parcels
should be zoned Environmental Protection first, in keeping with their protected status as
Provincially Significant wetlands, before the balance of lands are zoned residential.
Jean Grandoni, R R # 1 Garner Rd, stated that she is opposed to the application.
She is requesting that the Provincially significant wetland forests be designated as
Environmental Protection. The zoning must be interpreted in detail in the official plan
designation, she believes a Development Holding Zone opens the door for forest
destruction and weakens the purpose of the O.P. Amendment. Ms. Grandoni feels that
the forest acts as a filter between residential and industrial uses. She feels a watershed
plan is necessary and that the proposed road system needs improvements.
The Acting Director of Planning & Development pointed out that a woodlot
preservation plan will be necessary and as much of the woodlot that can be protected, will
be protected.
Tom Richardson, Sullivan Mahoney, agent for the applicant, outlined that the plan
is that they intend to preserve all wetland and forest provincially significant through the
planning process as they have been determined. He advised that this has been supported
by a detailed analysis by Lisa Campbell & Associates reviewed by City staff. Mr.
Richardson outlined when various draft plans of subdivision had been approved and
outlined the resolution of Cytec concerns as per the letter sent by Cytec's lawyer before
the meeting. He requested the application be approved subject to wording and mapping
to be agreed upon by the City, Warren Woods and Cytec and that the amendment be
brought back to Council.
The Public meeting was Closed.
ORDERED on the motion of Councillor Fisher, seconded by Councillor Thomson
that the Official Plan amendment be approved subject to wording and mapping to be
agreed upon by the City, Sentex Developments and Cytec.
Motion Carried with Councillors Wing and loannoni opposed and Councillor Kerrio
declaring a conflict
PD- 2008 -23 - Chief Administrative Officer - AM- 36/2007, Zoning By -law Amendment
Application, 6455 Fallsview Boulevard, 6471 Stanley Avenue and 5896 -6046 Dunn
Street, Applicant: 17112093 Ontario Inc. ( Carmen Menenchella), 2100422 Ontario Inc.
( Carmen & Victor Menechella), Agent: Italia Gilberti, Broderick & Partners
Permitting and Expansion to the Existing Fallsview Plaza Hotel and allowing a
portion of the Required Parking to be Provided off -site.
The Manager of Community Improvement and Planning Projects reviewed the
recommendations and provided the following information:
BACKGROUND
The applicants have requested zoning amendments to 3 parcels of land — 6455 Fallsview
Blvd (Parcel 1); 6471 Stanley Ave (Parcel 2) and 5896 -6046 Dunn St. (Parcel 3).
An expansion to the Fallsview Plaza Hotel (formerly the Renaissance) on Parcel 1 is
proposed, including 120 additional rooms, restaurants, and entertainment facilities.
The requested amendment is to permit the expansion and to permit the majority of the
required parking to be provided on Parcels 2 & 3.
PLANNING ANALYSIS
OFFICIAL PLAN
- 6 - March 17, 2008
Council Minutes
Highrise hotels and other buildings on Tourist Commercial designated lands are subject
to a set of built form criteria, as directed by the OP and detailed in the Tourism Policy
Review Implementation Handbook.
This proposal conforms to the criteria as follows:
Zoning
- Introduction of a 5 storey podium along Fallsview Blvd and a portion of Dixon St.
-A 3 m. (10 ft) setback and reduction in mass above its second storey will assist in
mitigating the microclimate impacts at the pedestrian level. Existing landscaping
does not meet the urban design guidelines, and in lieu of this the guidelines call for
a 0.9 to 1.2 m (3 to 4 ft) decorative wall to be provided between the parking area
and the street.
-There are no significant changes to the hotel above 10 storeys, so Architectural
Peer Review is not applicable.
- Any increases in building height over 4 storeys are subject to a Section 37
bonusing agreement to provide for streetscape improvements on adjacent streets.
This proposal involves the construction of a fifth floor — therefore a Section 37
agreement will be required.
- Applicant is requesting Pinball or Electronic Game machine establishment be
added as a permitted use on the lands. The OP contemplates entertainment
facilities in the Fallsview Tourist District.
Establishing a portion of the required parking off -site on 6471 Stanley Ave (Parcel 2) is
acceptable for the following reasons:
Since 1991, Parcel 2 has been used to satisfy 48% of the required parking
for the hotel on Parcell . (CofA decision A- 25/91) The applicant wishes to
make this a permanent arrangement.
Although the OP encourages required parking for large tourist commercial
developments to be contained on -site, Parcel 2 is located less than 37m
(120 ft) away from the hotel site, thereby allowing patrons to readily access
their vehicles, it will utilize only a short stretch of City streets for valet use and
will not significantly impact traffic or nearby residential areas.
53% of the required parking for the hotel would be provided on or adjacent
to the hotel site. This percentage is consistent with other Council approvals
for other hotels utilizing off -site parking
Establishing a portion of the required parking off-site on Parcel 3 (Dunn St) is consistent
with Council's earlier approvals for this property.
In 2003, Council adopted an OP Amendment to permit a 1650 car parking
lot on Dunn St.
- Zoning Bylaw 2003 -164 allows 7 developments, including the Embassy
Suites Hotel, Marriott Fallsview Hotel and the Marriott and proposed Spring
Hill Suites hotels on Victoria Ave. to provide some or all of their required
parking on Dunn St. (Parcel 3).
Bylaw No. 2007 -195 passed by Council last Fall, but currently under appeal,
allows the proposed Hampton Inn at 6505 Fallsview Bvld to provide all of its
required parking on these lands.
- The total of all existing, approved and formally proposed projects (including
the subject proposal) with required parking intended to be located on these
lands is estimated to be 920 spaces. There is capacity on Parcel 3 to
provide the required parking for the existing and proposed developments.
- Although only a portion of the development with required parking tied to this
parking lot has been built, traffic problems are beginning to occur on Dunn
St. with complaints regarding speeding valet drivers. As the sites tied to this
lot get fully developed, traffic and congestion along Dunn St. are expected
to increase.
Parcel 1 is zoned Tourist Commercial with site specific zoning provisions as varied to
- 7 - March 17, 2008
Council Minutes
permit an 18 storey hotel and temporarily permits required parking to be located off -site on
Parcel 2.
The applicant is requesting Parcel 1 be placed under a new site specific Tourist
Commercial zone to permit the expansion of the hotel and allow 78% of the hotel's parking
to be provided off-site on Parcels 2 and 3.
The site specific changes are as follows:
An increase in building height from 53 m (174 ft) presently permitted to 58 m
(190 ft) proposed to accommodate a mechanical penthouse.
A reduction in minimum landscape coverage to 7.5% of the lot area. This
would be acceptable if a decorative wall or fence (up to 4 ft) is provided
where the parking area abuts the street.
- The addition of a Pinball or Electronic Game Machine Establishment is
acceptable as it conforms with the OP.
- The bylaw will provide for a Section 37 agreement to secure streetscape
improvements.
- No requested site specific zoning amendments for Parcel 2, other than to
allow 31% of required parking for Parcel 1 on Parcel 2.
- The requested zoning bylaw will also allow 47% of the required parking for
Parcel 1 to be provided on Dunn St (Parcel 3) .
Site Plan Control is applicable.
CONCLUSION
The proposed Zoning Bylaw amendment can be supported for the following reasons:
- The redevelopment of the hotel on Parcel 1 (6455 Falls Blvd) conforms to the
Official Plan with respect to built form and to the applicable urban design guidelines.
- Locating a portion of the required parking for Parcel 1 off-site on Parcel 2 (6471
Stanley Ave.), while not encouraged by the OP is acceptable as this lot is within
walking distance of the hotel.
- Locating a portion of the required parking for Parcel 1 off -site on Parcel 3 (5896-
6046 Dunn St.) is consistent with earlier Council approvals for Parcel 3.
RECOMMENDATION
That Council approve the Zoning Bylaw amendment application to permit the
redevelopment of the hotel at 6455 Fallsview Blvd. (Parcel 1), allow 31% of its required
parking to be provided at 6471 Stanley Ave. (Parcel 2) and allow 47% of its required
parking to be provided at 5896 -6046 Dunn St. (Parcel 3).
That prior to the passage of the amending bylaw, the applicant and the City execute the
necessary Section 37 bonusing agreement to contribute to streetscaping around Parcel 1.
Bill Gilette, Executive Vice President of UFWC Union Local 102, representing
employees in the area, advised that on behalf of the National Office they are in support of
the application as the off -site parking will create more unionized jobs with pension and
benefit opportunities.
Italia Gilberti, Broderick & Partners, agent for the applicant indicated that this
application is the result of an attempt to clean up old approvals, expand the existing
building and to properly link the lands with the off site parking. The redevelopment of the
hotel on Fallsview Boulevard conforms to the Official Plan with respect to the built form and
to the applicable urban design guidelines. She addressed concerns that the neighbours
had and advised that there was going to be no expansion of the parking lot Parcel No. 3
- 8 - March 17, 200
Council Minute
and would be no interference with the neighbours backyard.
The public meeting was now closed.
ORDERED on the motion of Councillor Diodati, seconded by Councillor Maves th
the report be approved as recommended.
Councillor Diodati AYE Councillor Fisher AYE
Councillor Maves AYE Councillor Pietrangelo AYE
Mayor Salci AYE
Carried Unanimous
with Councillors loannoni, Kerrio, Thomson and Wing declaring conflicts.
PD- 2008 -18 - Chief Administrative Officer - AM- 14/2007, Revised Zoning By -lai
Amendment Application, 5382 Robinson Street and Lands on the West Side c
Stanley Avenue, South of Robinson Street, Applicant: Canadian Niagara Hotels
Michael DiCienzo, Design & Development), Agent: Emilio Raimondo and Associate:
Allowing Additional Required Parking Off-Site in a Tandem Parking Arrangement
The Manager of Community Improvement and Planning Projects reviewed th
recommendations and provided the following information:
BACKGROUND
PLANNING ANALYSIS
Canadian Niagara Hotels has applied to further revise an amendment to the Zoning Byla'
for two parcels of land, one at 5382 Robinson St. (Parcel 1) and lands on the west sid
of Stanley Ave, south of Robinson St. (Parcel 2)
In 2004, the City approved a site plan application for Parcel 1 for a 26 storey, 340 roor
hotel based on grandfathered zoning.
All required parking was contained on -site within four underground parking levels.
On October 15, 2007, Council approved a Zoning Bylaw amendment to permit 52% of th
required parking for a redesigned 26 storey, 518 room hotel on Parcel 1 to be located of
site on Parcel 2. The remaining parking spaces were approved to be provided in a tander
arrangement in a 2 level parking garage below the proposed hotel.
The design of the hotel has been revised to eliminate one of the two parking levels an
further to provide 71.5% of the required parking (235 spaces) in a tandem (4 deep) parkin
arrangement on Parcel 2.
The applicant has requested the revised amendment application in an effort to reduce th
potential impact on the moraine.
Planning staff did not support the original application for the following reasons:
-OP policies allow development under pre- existing site specific zoning withoL
adherence to the built form policies of the OP, provided no further zoning change
are sought. As a zoning change was being sought, the proposal was contrary to thi
OP.
- Locating required parking off -site is not encouraged by the OP due to potenti2
traffic congestion.
- Applicant did not demonstrate how proposed on -site tandem parking would work
1. Council directed staff to meet with the applicant to determine methods to lessen th
impact on the moraine.
The applicant contends that eliminating an additional parking level will lessen thi
- 9 - March 17, 2008
Council Minutes
impacts, however, the building footprint is unchanged in the revised proposal.
The elimination of one parking level will mean less fill is to be removed from the site,
but the drawings indicate concrete walls up to 12m (40 ft) tall proposed
approximately 0.9 m (3 ft) from the NPC lands. Given the steep slopes and mature
vegetation in the vicinity of the NPC lands, a reduction in the building footprint would
be necessary to effectively reduce the impact on the moraine.
2. The OP encourages required parking for large scale tourist commercial
developments to be contained on -site, preferably in above or below grade parking
garages.
The City has seen a significant increase in off -site parking spaces in recent years.
Off -site valet parking is a concern because it increases traffic congestion between
the hotel and the parking lot.
The proposed hotel requires 329 parking spaces. Council previously approved the
applicant's request to provide 53% of the required spaces (174 spaces) on the off-
site lot leaving 47% of the required spaces (155) on -site. The applicant is now
proposing to provide 71.5% of the required spaces (235) off -site and 28.5% of the
required spaces (94) on -site. This is 26% more off -site parking than the average of
other hotels which rely on off -site parking facilities.
3. In addition to the on -site tandem parking, the applicant is now proposing tandem
parking on Parcel 2, up to 4 vehicles deep and accessed by a single maneuvering
aisle.
Transportation Services has requested information on how the parking will be
contained on site. The concern is having the maneuvering vehicles spilling out onto
surrounding streets adding to traffic congestion and safety concerns for local
residents and businesses.
4. The hotel on Parcel 1 does not provide the required 3 m (9.8 ft) rear yard setback.
The proposed hotel has been designed such that the parking garage extends
beyond the tower on its east side. While the parking garage is located underground
at the west property line, it projects about 12 m (40 ft) above the ground near the
east property line. The garage is setback 0.9 m (3 ft) from the property line abutting
Queen Victoria Park, whereas the Zoning Bylaw requires the building to be setback
a minimum of 3 m (9.8 ft) from the property line. The applicant has been made
aware of this non - compliance.
5. The off-site parking arrangement is necessary to accommodate an
overdevelopment of the site.
The requested off -site and tandem parking is intended, in part, to accommodate an
intensification of the hotel development, including a 52% increase in hotel rooms.
The applicant currently has permission to develop a hotel well beyond the intensity
of what other property owners could achieve with similar sized parcels.
CONCLUSION
The proposed Zoning Bylaw amendment cannot be supported for the following reasons:
The proposed off -site tandem parking arrangement has not been demonstrated to
work and may contribute to congestion on surrounding City streets.
Locating an additional amount of required parking off -site is not encouraged by the
Official Plan, is not in keeping with the City's Tourism Policy Review Implementation
Handbook, and will contribute to traffic congestion on City streets.
Eliminating one level of parking on the hotel site (Parcel 1) without decreasing the
building footprint does not lessen the impact on the moraine.
RECOMMENDATION
That Council deny the Zoning Bylaw amendment application to permit 71.5% of the
required parking for the hotel proposed on Parcel 1, off-site in a tandem parking
arrangement on Parcel 2.
That, should Council approve the subject application, Council consider passing the bylaw
on tonight's agenda to implement the required amendments.
Theresa Johnson, 6215 Dawlish Avenue, expressed her concern with the effect this
proposal would have on Niagara Parks Commission land and the moraine interruption.
Emilio Raimondo, Raimondo & Associates, was present on behalf of the applicant.
He outlined that as a part of this application there will be a reduction in excavation, 1 level
of parking instead of two and also a height reduction in the parking level. He advised that
off -site parking, valet parking is very common in municipalities and there have been other
approvals for tandem parking in the City.
Brian Malone of Totten Sims Hubicki, traffic engineering consultant on the project.
He advised that tandem parking is not an overly common approach used in this area but
it's a common and well understood method of providing parking for a facility in other
jurisdictions. He explained that the driving lane in the parking lot will be three vehicles wide
and in one direction, allowing the lot to achieve the objective.
The public meeting was now closed.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves
that Council approve the zoning by -law amendment application to permit 71.5% of the
required parking for the hotel proposed on Parcel 1 in a tandem parking arrangement on
Parcel 2 and that Council be kept informed on the rear set back issue.
Councillor Diodati
Councillor Kerrio
Councillor Maves
Councillor Thomson
Mayor Salci
AYE
AYE
AYE
AYE
AYE
with Councillor loannoni having declared a conflict.
BACKGROUND
- 10 - March 17, 2008
Council Minutes
Councillor Fisher AYE
Councillor Pietrangelo AYE
Councillor Wing NAYE
Motion Carried
PD- 2008 -19 - Chief Administrative Officer -AM-2008-001, Zoning By -law Amendment
Application, South Side of Culp Street, East of Corwin Crescent ( A.G. Bridge Park)
Applicant: City of Niagara Falls, Rezoning the Land to an Open Space Category
The Manager of Community Improvement and Planning Projects reviewed the
recommendations and provided the following information:
Council directed staff to initiate the proposed zoning amendment which would permit the
Boys & Girls Club to construct new facilities on a 2.85 ha (7.04 ac) parcel of land on the
south side of Culp St., known as A.G. Bridge Park.
The amendment is to recognize the use of the land for recreational purposes and apply
appropriate development standards to guide a recreational facility use on the land.
The proposed facility is to have a floor area in the range of 2,790 to 3,065 sq m. (30,000-
35,000 sq ft) and be subject to a long term lease.
The zoning is proposed to be changed from the current Residential Single Family 1C
Density which does not allow a private recreational use, to Open Space to recognize the
existing public park and allow a private recreational facility.
PLANNING ANALYSIS
OFFICIAL PLAN
Designated Open Space
- 11 - March 17, 2008
Council Minutes
Public parks, recreational uses and private clubs at a scale to serve the larger community
are permitted within this designation.
The proposed rezoning conforms to the Official Plan as follows:
The property will be placed under a zone category that is reflective of the Official
Plan designation and current use.
- The proposed Boys & Girls Club is not expected to generate a significant amount
of additional traffic to the detriment of the surrounding residential area. The site is
easily accessed by the City's arterial and collector roads, Culp St., Lundy's Lane,
and Drummond Rd.
- The proposed buildings, associated outdoor facilities and parking will take up
approximately 1.0 ha (2.5 ac) leaving 1.85 ha (4.85 ac) as open space. This park
will continue to be open to the public and provide recreational opportunities for the
neighbourhood and larger community
- To assist in maximizing the area of open space, while minimizing the impacts on
residences to the west, the building should be located as close to Princess Margaret
School as possible. This will provide a large westerly side yard setback that will
provide visibility into and surveillance of the park as well as providing a large
setback to residences.
ZONING
Presently zoned Residential Single Family 1C Density.
Requested to be changed to Open Space to permit the proposed private recreational use.
Open Space zone has been tailored to ensure the permitted uses are compatible with
adjacent residential areas.
Standard OS zone contains provisions that will minimize the impacts on the surrounding
uses and control the scale of the proposed buildings as follows:
Maximum lot coverage for buildings and structures is 10 %, which will restrict
the building coverage of the proposed Boys & Girls Club to 2,852 sq m
(30,700 sq ft) based on the park area of 2.85 ha (7.04 ac). Although slightly
smaller than the maximum 3,065 sq m (33,000 sq ft) the Club was seeking,
it is still within the parameters approved by Council in May 2007.
- Required setback from all lot lines is 10 m (32.8 ft). This setback is well in
excess of the minimum setback contained under the R1 C zone that currently
applies on the property, which requires a side yard setback of 1.8 m (6 ft)
and a front yard setback of 6 m (20 ft). The increased setback will assist in
mitigating the impacts of new buildings and structures on surrounding
properties.
The following details of the development will be addressed through site plan control:
• Siting of the building
- Landscaping, buffering, including protection of mature trees and adequate
landscaping from adjacent properties.
▪ Location of parking spaces and bus loading area;
Grading, servicing, parking lot surfacing, lighting and waste disposal.
Currently, the Niagara District School Board has a lease agreement with the City that
allows the parking area for A.G. Bridge Park to be used as a drop off area for Princess
Margaret School. The site plan should ensure that this can still be provided on -site.
The future use of the City -owned land on which the present Boys & Girls Club is located
would be determined in a separate process. This parcel of land is 0.54 ha (1.3 ac) in area.
If the land is declared surplus to the City's needs, and sold, it would be subject to public
- 12 - March 17, 2008
Council Minutes
notification through a newspaper advertisement. The OP and Zoning Bylaw permit the use
of these lands for residential purposes.
CONCLUSION
The proposed rezoning of the A.G. Bridge Park to an Open Space category can be
supported for the following reasons:
- The proposed zoning is consistent with the Open Space designation of the land and
will reflect the use of the land as a community park.
- The Boys & Girls Club is a community serving facility that is expected to locate
under an Open Space designation.
- The standards under the Open Space zone will control the size and height of future
buildings, help maximize the park area and will provide adequate setbacks from
surrounding properties and streets.
Site plan control will be used to maximize the amount of landscaped open space left as
well as to assist in mitigating impacts on surrounding property
RECOMMENDATION
That Council approve the Zoning Bylaw amendment to rezone the subject land from
Residential Single Family 1C Density to Open Space, to reflect the existing public park and
allow the use of the land for a new recreational facility.
William Allen, 6210 Corwin Avenue, felt there were other potential sites, including
vacant sites that could be improved. He disagrees with building on the green space
known as A.G. Bridge Park.
Richard Shanahan, 6220 Corwin Avenue also representing his wife Barbara
Shanahan, believe the park should remain open space and that it shouldn't be aloud to
reduce Park land in the City.
Mary Catherine Lindberg, 6180 Corwin Avenue, believes that the City should amend
the bylaw to designate the A.G. Bridge park as an Open Space for recreational uses but
not to permit any erection of buildings or structures within the park.
Mary Anne Seppala, 6106 Corwin Avenue, felt there would be increased pollution.
She felt that the City should not have just looked at City owned lands. It was pointed out
by staff how costs would increase if other lands were considered.
Milly Mayda, 6165 McLeod Road, is opposed to A.G. Bridge Park being the new
location of the Boys & Girls Club. She felt it would increase parking problems.
Paul Burns, 6470 McMillan Drive, lifelong resident of the Falls is opposed to the
rezoning. He believes there will be an increase in traffic and a lot of curbside parking. He
suggested Stamford/ Jack Bell as a potential City owned site.
Tom Francirek, 6238 Corwin Avenue, is opposed. He felt it would affect property
values.
Jim Bredin, 6746 Barker Street, hoped that City Council will reconsider the
recommendations and leave the park alone. He asked what was going to happen to the
existing building. He was informed that no decisions had been made.
Jim Custodio, 6306 Carlton Avenue, outlined the vandalism and loitering that
currently exists in the park.
Peter Kesseler, 6200 Corwin Avenue, stated that he is opposed to the Boys & Girls
Club being built at A.G. Bridge Park, it will be a loss of a great park. He wanted to know
what the other alternatives were for the Boys & Girls Club.
Garrett Conway, 6770 Culp Street, believes the club will be better off on a larger
piece of property where it will not have to compromise the size of its facilities.
- 13 - March 17, 2008
Council Minutes
Derek Rymarchuk, 6130 Corwin Cres, is very pleased with the proposal and staff report.
He believes that this is the best location for the new Boys & Girls Club, which is long over
due. The site meets the needed requirements of the Club and just one ball diamond will
be eliminated.
Barbara Greenwood, Regional Councillor and trustee of the Boys & Girls Club
foundation is in support of the application and is very confident this is the best place for the
new Boys & Girls club.
Brian Wilcox, Franklin Avenue, believes that the Boys & Girls Club is a wonderful
organization and deserves this new building. The Boys and Girls Club location has always
complemented the Park and only 10% of the park itself will be taken up with a building.
John McInnes, 6303 Carlton Avenue, stated that he is opposed to the project and
feels that the public has not been kept informed on the location selection.
JoAnne Hett- Turner, Executive Director of the Boys and Girls Club is in favor of the
application and support the staff recommendations. The proposed by -law amendment will
appropriately recognize the land known as A.G. Bridge Park as recreational space. A.G.
Bridge Park was ranked the most suitable site by far primarily based as 47 years of
established service in the area and the centrality of the location, which allows the Club to
serve the maximum number of the City's children.
ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo
that the meeting proceed past 11:00 p.m.
The Public meeting was closed.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati
to approve the Zoning By -law amendment to rezone the subject land from Residential
Single Family Density to Open Space (OS).
Carried Unanimously
ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson
that staff bring back a report looking at alternative sites for the Boys & Girls Club, including
the originally proposed McLeod Road site, and the costs and funding involved.
Carried Unanimously
PD- 2008 -22 - Chief Administrative Officer - AM- 37/2007, Zoning By -law Amendment
Application Kalar Road (West Side), North of Forestview Boulevard, Applicant: The
Bethlehem Not -For Profit Housing Projects of Niagara, Agent: Urban & Environmental
Management Inc. ( Rich Brady)
The Manager of Community Improvement and Planning Projects reviewed the
recommendations and provided the following information:
BACKGROUND
Carried Unanimously
The amendment is requested for 0.53 ha (1.3 ac) of vacant land with 54 m (177 ft) of
frontage on the west side of Kalar Rd, between Lundy's Lane and Forestview Blvd.
Applicant proposes to construct a 3 storey apartment building containing 40 units.
A related severance application to create the separate lot for the development was refused
by the City's Committee of Adjustment on Dec. 4/07 and has been appealed to the OMB.
Land is currently zoned Development Holding and the applicant has requested the zoning
be changed to Residential Apartment 5B Density, with a special provision for increased
height to accommodate a pitched roof.
- 14 - March 17, 2008
Council Minutes
PLANNING ANALYSIS
OFFICIAL PLAN
The City's OP designates the subject land as Residential.
The OP promotes a variety of compatible housing types and densities to meet the needs
of different age groups, family sizes and incomes.
Apartments 3 -4 storeys in height are permitted at a density of 75 units /ha (30 units /ac)
which is the density of this proposal.
This site satisfies the location criteria for an apartment being on an arterial road (Kalar
Rd.), a transit route, in proximity to schools, parks and commercial areas (Niagara Square
& Lundy's Lane).
The future reconstruction and widening of Kalar Rd is scheduled to address the expected
increases in traffic.
Uses like the proposed apartment will help minimize the number of individual driveway
entrances onto this arterial road.
The application is consistent with the Provincial Policy Statement and the Growth Plan.
The policies of the OP are refined through the Garner Neighbourhood Secondary Plan.
The location of the proposed apartment meets the general location principles of the
Secondary Plan.
A housing mix target of 70% single /semi detached units and 30% multiple residential units
is desired for the overall Garner Neighbourhood.
The first phases of development in this neighbourhood have been predominantly single
detached housing, thus far — 87.5% single /semi detached and 12.5% townhouses, far
below the stated target for multiple residential development.
The provision of more medium density housing and an improved residential mix is required
on the balance of vacant land in the north section of the Garner neighbourhood to address
this shortfall. The proposed apartment will assist in meeting the required housing targets.
The OP goal is to target 25% of all new residential units within each community for
affordable housing.
The proposed development has received 2.8 million commitment from Niagara Regional
Housing (administering the Canada - Ontario Affordable Housing program) to construct the
40 units which are aimed at low to moderate income households.
Funding requirements are such that the units will be rented at 80% of market rent for 20
yrs.
Zoning
Existing DH zoning is an interim zoning category pending specific development
applications.
Staff recommended approval of the related severance application with a condition requiring
the land be rezoned an appropriate apartment category.
The proposed development complies with the lot area and frontage requirements of the
requested R5B zone.
Preliminary site plan indicates that the development will exceed the standard requirements
of the R5B zone except for height in order to accommodate the pitched roof design (rather
than a flat roof).
The building height will be 12.5m (41 ft) whereas the zone provision is a maximum of 10m
(32.8 ft). This architectural feature is in character with the dwellings being built in the
neighbourhood.
- 15 - March 17, 2008
Council Minutes
The apartment will be subject to Site Plan Control to determine design details such as
parking and driveway layout, landscaping, fencing and lighting.
CONCLUSION
The proposed development is supported by the City's Official Plan, Garner Neighbourhood
Secondary Plan, Regional policies and the Provincial Policy Statement and Growth Plan.
Additional multiple unit housing is needed in this north section of the Garner area to
address housing mix and density requirements. The proposed apartment will provide
affordable housing that is needed in the City.
RECOMMENDATION
That Council approve the Zoning Bylaw amendment application to change the zoning of
the subject land to a site specific R5B zone to permit the development of a 3- storey
apartment building containing 40 units with a maximum height of 12.5 metres (41 ft).
Bill LeFeuvre, 6050 Kalar Road, expressed that he is aware of the need for more
affordable housing but is not in support the proposed location. He believes it will bring
unnecessary risk building next door to a school. He thinks Bethlehem Place does good
work but like in St. Catharines, the location should be downtown.
Janet Morettie, 6085 Toby Cres, on behalf of the board of directors of the United
Way of Niagara Falls and Greater Fort Erie advised that they are in support this
application. They believe that Bethlehem Projects of Niagara has an outstanding reputation
as an efficient, effective provider of housing initiatives. To date, there had been no location
in Niagara Falls despite the availability of Federal- Provincial funding.
Barry O'Connor, 6050 Kalar Road, advised that he is opposed to the application. He
feels the project is out of sync with the area.
Amanda Fyfe, 8571 Forestview Blvd, strongly opposed this application. She would
not have purchased in the area had she known about it.
Darlene Ingram, 6340 Kalar Road, advised that she is opposed to the development
of the 3 storey apartment building in this area of Niagara Falls.
Dawn Gordon, 2806 Fredonia Drive, is in support of the application. She indicated
the great need for affordable housing in our City and believes that people should not have
to go through a struggle to find a suitable and affordable home. She felt the need for
affordable housing is a national interest.
Alan Fyfe, 8571 Forestview Blvd, a resident of the area expressed that he is
opposed to the location of this application. He believes the value of the homes in the area
will be affected.
Diane Kon, 7352 Nathan Cres, is in support of the Bethlehem Housing project. She
was appalled that people would think that people who lived in the affordable housing would
be affected by drugs, alcohol or violence. She shared the story of her son, who has an
intellectual disability. Projects like Bethlehem Place allow him an opportunity to live like
others. She believes families should not be punished or judged for being low- income.
A.J. Heafey, 8085 Spring Blossom Drive, representing Project Share, outlined how
difficult it is to find affordable housing in the City. They are in support of this application.
He believes this is a great opportunity to help those with low to moderate incomes who live
and work in the City.
Darryl Lee, 6180 Kalar Road, opposed to the application, indicated that the area
already has apartments and affordable housing and doesn't need anymore.
Gale Richardson and Julie Dennis the Executive Director of Bethlehem Projects
gave a brief presentation and showed a powerpoint presentation outlining all the services
of the permanent housing project. The Bethlehem Housings goal is to create an attractive,
accessible apartment building for people with low to moderate incomes. They believe the
Kalar Road location will best suit the needs of the residents will be living there. The families
will have a school, park and all other amenities close. It was outlined that statistics show
- 16 - March 17, 2008
Council Minutes
that such affordable housing projects do not decrease nearby property values.
Harold Enslen, MacDonal, Zuberec, Enslen Architects Inc, also designed the
Bethlehem project in St. Catharines. The height of the building will be the same as the
school next door, with the roof feature making it slightly taller. He showed the proposed site
plans and an overview of the elevation plans. Mr. Enslen indicated that the building will
have an east -west orientation.
Rich Brady, Urban & Environmental Management Inc., believes this location is
appropriate for this development. The Official Plan encourages these kind of units.
Tom Richardson, Sullivan Mahoney, advised that they have appealed the decision
of the Committee of Adjustment and have requested an early hearing date as this program
is Provincially /Federally funded. He stressed that this is a permanent housing project and
not a halfway house or shelter.
The Public meeting was Closed.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that
the report be approved as recommended.
Councillor Diodati
Councillor loannoni
Councillor Mayes
Councillor Thomson
Mayor Salci
PROPERTY MATTERS
NAYE
AYE
AYE
AYE
AYE
Councillor Fisher
Councillor Kerrio
Councillor Pietrangelo
Councillor Wing
MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Salci offered condolences to Yvonne Blais, a City employee, on the recent
loss of her mother -in -law; to Angela Duerksen, a City employee, on the loss of her father -
in -law; to Bill Urquhart on the loss of his father -in -law; to John Castrilli, a city employee, on
the passing of his father and to the family of Bill Baker, a city employee.
Mayor Salci advised of some recent events: Gary Morris, A volunteer firefighter from
Station 6 has retired after 37 years; the City's bid for the 2014 Convention for the
Federation of Canadian Municipalities was successful; MS Walk for Super Cities kick off
took place; Members working on revitalizing downtown met to discuss "greening of Queen
Street" and Black community of Niagara is celebrating "Black History Month ".
Mayor Salci advised of some current events: Nicole Verbraeken and Kendra Lawrie
are raising funds to support their upcoming work on significant projects and will be
travelling to Morocco with the Global Youth Network ; and the Stamford Centre Volunteer
Firefighter's Association's Easter Egg Hunt is set to take place on Good Friday at
Fireman's Park.
REPORTS
L- 2008 -08 - Chief Administrative Officer - Declare Surplus and Convey Laneway
between McGrail Avenue and Ellen Avenue.
It is recommended that portions of a laneway between McGrail Avenue and Ellen Avenue
( "subject lands "), and shown hatched on Attachment "1 ", be declared surplus.
ORDERED on the motion Councillor loannoni, seconded on Councillor Thomson
that the report be approved as recommended.
Carried Unanimously
AYE
AYE
NAYE
AYE
Motion Carried
TRANSPORTATION MATTERS
TS- 2008 -23 - Chief Administrative Officer - Investment in Infrastructure Initiatives -
Federal Gas Tax Funds.
It is recommended that:
1. That Council approve the municipality forwarding a project for Federal Gas Tax
funding;
2. That new Operations Facility and a new Transit Terminal in the southwest sector of
the City, be the specific capital infrastructure project forwarded for consideration,
valued at 9.2 million dollars; and
3. That the appropriate local representatives of the other levels of government be
notified of Niagara Falls' interest in the funding program and that the Mayor and
appropriate staff be directed to meet with such government officials, if possible.
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that the report be approved omitting a section of # 2 (in the southwest sector of the City).
Carried Unanimously
RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS
ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati
that the actions taken in Community Services Committee, on March 17,2008 be approved.
Carried Unanimously
1. The minutes of the February 25, 2008 meeting be approved.
2. PD- 2008 -21
Growth Management Official Plan Review
That this report be received and filed.
3. PD- 2008 -12
Additional Planning Work within the Elgin Industrial Area
That the Committee support the Land Use Recommendations contained in the
Planning Report prepared by RCI Consulting and GSP Group and staff proceed with
the formal circulation of the amendments and preparations for the mandatory Public
Meeting to change the City's Official Plan and Zoning By -law. That the consultant
include the area for regeneration.
4. TS- 2008 -09
Sixth Avenue at Willmott Street
Intersection Control Review
- 17 - March 17, 2008
Council Minutes
1. That an all -way stop control be installed at the intersection of Sixth Avenue
at Willmott Street;
2. That "No Exit" signs will be posted on Willmott Street, west of Sixth Avenue;
and,
That a 10 meter corner parking restrictions be implemented on each
approach of the study intersection.
4. That staff prepare a report on the delivery of flyers /newspapers to homes and meet
with the appropriate publishers.
5. That staff prepare a report with regards to on- street parking at the Bella Senior
Centre.
6. That the letter from Frank Clarke be referred to staff to investigate and report back
to Council.
RATIFICATION OF " IN CAMERA" RECOMMENDATIONS
that:
- 18 - March 17, 2008
Council Minutes
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher
1. The settlement offer of March 17, 2008 from Broderick & Partners on behalf of the
appellants, in regards to the appeals of the City's 1999 and 2004 Development
Charges By -laws, be accepted.
Carried Unanimously
with Councillors Thomson, Kerrio, Wing and loannoni declaring conflicts.
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- 2008 -12 - Municipal Accounts It is recommended that Council approve the municipa
accounts totaling $10,034,150.67 for the period January 24, 2008 to February 20, 2008.
F- 2008 -13 - Major Receivables Year -End Report It is recommended for the information
of Council.
MW- 2008 -08 - Kalar Road Reconstruction Project, Lundy's Lane to Beaverdams Road
It is recommended that the Mayor and Clerk be authorized to sign and execute a
Consulting Services Agreement with DelCan Corporation for the design of storm sewers,
street lighting and road reconstruction on Kalar Road from Lundy's Lane to Beaverdams
Road for the upset limit of $ 148,052 excluding GST.
MW- 2008 -17 - Deerfield Estates Subdivision Agreement Amendment Development
Phasing Revision It is recommended that the Mayor and Clerk be authorized to sign and
execute an amending Subdivision Agreement for the Deerfield Estates Subdivision to
reflect the changes to the phasing of the Plan.
PD- 2008 -17 - Downtown CIP Funding Applications, 4525 Morrison Street, Keefer
Development Limited It is recommended that Council approve the applications by Keefer
Developments Limited for a Residential Building Loan and Revitalization Grant under the
Financial Assistance Programs in the Downtown CIP subject to satisfying the program
requirements including the entering into agreements with the City; and that the Mayor and
Clerk be authorized to execute the loan and grant agreements
ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo
that the reports be approved as recommended.
RESOLUTIONS
NO. 7 - FISHER - PIETRANGELO therefore be it resolved that the appropriate staff person
be authorized to submit a financial request to the Department of Canadian Heritage in
relation to the " Celebrate Canada!" program for organizing activities to celebrate Canada
Day.
Carried Unanimously
Carried Unanimously
- 19 - March 17, 2008
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 with
with Councillor Wing opposed to by -law 2008 -39 and Councillor loannoni declaring a
conflict on by -law 2008 -39.
2008 -33 A by -law to establish Part of Township Lot 79, Stamford, as a public
highway, to be known as and to form part of Dorchester Road.
2008 -34 A by -law to establish Part Township Lot 158 Stamford as a public highway,
to be known as and to form part of Drummond Road.
2008 -35 A by -law to declare both Lane Plan 291 lying between McGrail Avenue and
59R -4270 except Parts 1 -6 inclusive on 59R - 11934, and 10 foot Lane Plan
291, Town of Niagara Falls lying between Walnut Street and 59R -7270
except Part 1 on 59R- 11000; both in the City of Niagara Falls, Regional
Municipality of Niagara, surplus.
2008 -36 A by -law to establish Reserve Block 284, Plan 59M -354, Reserve Block 285,
Plan 59M -354 and Reserve Block 286, Plan 59M -354 as public highways, to
be known as and to form part of Milomir Street, Glavcic Drive and Forestview
Boulevard, respectively.
2008 -37 A by -law to amend By -law No. 80 -114, being a by -law to designate private
roadways as fire routes along which no parking of vehicles shall be
permitted.
2008 -38 A by -law to establish Part of Lot 49, North Side of Lundy's Lane, West of
Leonard, Plan 2, Stamford; Part of Lot 64, South Side of Maitland Street,
Plan 2, Stamford; and Part of Maitland Street, Plan 2, Stamford, designated
as Part 3 on 59R -13625 as a public highway, to be known as and to form
part of Byng Avenue.
2008 -39 A by -law to amend By -law No. 79 -200, to permit a portion of the parking
required for a hotel to be provided off -site, to establish site specific
manoeuvring aisle standards and to incorporate existing site specific zoning
provisions. AM- 14/2007
2008 -40 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City Roads. (Speed Limits On Highways - (Part4 - 80km /h),
Speed Limits On Highways - (Part 2 - 60 km /h), Step Signs at Intersections).
2008 -41 The Mayor and Treasurer are hereby authorized to execute this Amending
Letter of Agreement to the Ontario Bus Replacement Program (OBRP) Letter
of Agreement between Her Majesty the Queen in right of the Province of
Ontario, represented by the Minister of Transportation for the Province of
Ontario (the "Ministry") and the City of Niagara Falls (the "Municipality ")
Related to Funding Provided by the Province of Ontario (the "Province ") to
the Municipality under the Dedicated Gas Tax Funds as in Schedule "A"
attached hereto.
2008 -42 A by -law to authorize the payment of $10,034,150.67 for General Purposes.
2008 -43 A by -law to authorize the Corporation of the City of Niagara Falls to receive
Provincial funding under the 2007 Ontario Economic Outlook and Fiscal
Review ( Fall Economic Statement) to improve and expand public transit.
2008 -44 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 17 of March, 2008.
- 20 - March 17, 2008
Council Minutes
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati
that the by -laws be read a second and third time and passes.
Carried
with Councillor Wing opposed to by -law 2008 -39 and Councillor loannoni declaring a
conflict on by -law 2008 -39.
Macular Degeneration
NEW BUSINESS
Councillor Thomson outlined that the Province recently announced that OHIP
coverage will be extended to certain drugs that deal with Macular Degeneration, an issue
the Council had petitioned the Province on.
ORDERED on the motion Councillor Thomson, seconded by Councillor Pietrangelo
that a letter of recognition be sent to Kim Craitor, M.P.P., Premier Dalton McGuinty and the
Honourable George Smitherman, Minister of Health.
Carried Unanimously
Regional Representation
ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher
that Council endorse the resolution of the City of St. Catharines for fair representation for
the large municipalities at the Regional level.
Carried Unanimously
Brock Badgers
ORDERED on the motion of Councillor Diodati, seconded by Councillor loannoni
that the Niagara Falls members of the Brock Badgers be recognized at a future Council
meeting.
Carried Unanimously
Niagara Falls Downtown
ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo
that staff coordinate an Information Session on Downtown, with any costs shared by the
Downtown B.I.A.
Motion Carried
with Councillor Thomson, Kerrio, Fisher and Wing opposed.
In Camera
Councillor Pietrangelo announced that Council would be reconvening In Camera to
deal with some matters outstanding from earlier. His Worship Mayor Salci announced a
two minute recess to reconvene in Committee Room #1.
Councillors Fisher, loannoni, Thomson and Wing left Council Chambers and did not
convene in Committee Room #1 for the In Camera Session.
RATIFICATION OF " IN CAMERA" RECOMMENDATIONS
DEAN 10 A, CITY CLERK
ORDERED on the motion of Councillor Maves, seconded by Councillor Pietrangelo
that the appointments outlined in report HR- 2008 -02, Organizational Review Update, be
officially confirmed:
1. Mr. Ken Burden as Executive Director, Corporate Services
2. Mr. Todd Harrison as Director, Finance and City Treasurer
3. Mr. Ken Beaman as City Solicitor
- 21 - March 17, 2008
Council Minutes
Carried Unanimously
ORDERED on the motion of Councillor Diodati, seconded by Councillor Maves that
the meeting be adjourned at 1:50 a.m.
( 7 2 IT:C
R.T. (TED) SALCI, MAYOR