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2008/03/31Family Literacy Event SIXTH MEETING IN CAMERA MEETING Committee Room 2 March 31, 2008 Council met on Monday, March 31, 2008 at 5:45 p.m. in an In Camera Session. All members of Council were present. Councillor Wing presided as Chairman. Following consideration of the items presented, the In Camera Session did not rise to report. REGULAR COUNCIL MEETING Council met on Monday, March 25, 2008 at 7:00 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Councillor Maves offered the Opening Prayer. Following the opening prayer, Alana Fansolato, 12 year old student at St. Vincent de Paul School sang the National Anthem. ADOPTION OF MINUTES ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that the minutes of March 17, 2008 be approved. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Kerrio indicated a conflict to report PD- 2008 -26, as he is a member of the Stanley Avenue Business Park Association and to by -laws 2008 -54 and 2008 -55, as his business is a neighbour to the business that is the subject of the by -laws. Councillor Maves indicated a conflict to report R- 2008 -10, due to his business. Councillor Thomson indicated a conflict to By -laws 2008 -54 and 2008 -55. Councillor Wing indicated a conflict to By -laws 2008 -54 and 2008 -55, her spouse's employer. Councillor loannoni indicated a conflict to By -laws 2008 -54 and 2008- 55. DEPUTATIONS /PRESENTATIONS Renni Piscitelli and Inge Saczkowski made a brief presentation to Council about this year's Family Literacy Event. An invitation was extended to Council and the public to come and celebrate the 5 Annual Family Literacy Event being held on Saturday, April 12, 2008 from 9:30 a.m. - 1:00 p.m at the MacBain Community Centre. Niagara Falls Community Health Centre Renni Piscitelli, Joyce Morocco and Mary Chudley were present. They informed Council that the Niagara Falls Community Health Centre will open its door to the public next year. The Centre's board of directors is hosting a community forum next month to provide an update on progress and also to give residents an opportunity to participate in the planning process. Arena Fundraising Task Force Mick Wolfe, Chair of the Arena Community Fundraising provided Council with a brief update on the Great Seat Sale and the Bob Gale Complex Corporate Naming Rights. He advised Council that in a matter of weeks the naming rights to the majority of the arenas rooms have been sold. Joseph Candeloro of Centennial Construction and Tom Naylor of the Meridian Credit Union were present from two of the companies that have purchased naming rights. -AND- 2 March 31, 2008 Council Minutes Chief Administrative Officer: R- 2008 -11 - Bob Gale Complex: Capital Campaign Update It is recommended that: 1. The donations for naming opportunities for the four ice pads be received for information purposes. 2 That the updated list of Arena Task Force Fundraising Volunteers be approved. ORDERED on the motion of Councillor Maves, seconded by Councillor Wing that the report be approved as recommended. Background PLANNING MATTERS Carried Unanimously PD- 2008 -26 - AM- 28/2006, Official Plan Amendment Application for Conversion of Lands from Industrial and Open Space to Residential and Environmental Protection Area. Applicant: Thundering Waters Developments Corporation, Agent: Ed Lustig, East of Dorchester Road towards Drummond Road, Thundering Waters Golf course and the Stanley Business Park; and North of Chippawa Parkway up to and beyond Oldfield Road to the Former Hydro. Right -of -Way, Niagara Falls ( Part of Lots 196, 197, 212 and 214 and Lot 213) The Director of Planning and Development reviewed the recommendations and provided the following information: Thundering Waters Developments Inc. has submitted an application for the conversion of approximately 252 ha (622 ac) of vacant lands by redesignating the lands from Industrial and Open Space in the OP to Residential and Environmental Protection Area (EPA). The Open Space lands previously formed part of the Thundering Waters Golf Course. The requested amendment is the first step towards the ultimate development of the site for a wide variety of residential dwelling units (3000 to 3600 units), commercial and institutional uses and preserved open space areas for recreational uses. Prior to any development a Secondary Plan will be completed that will detail land use designations, protected natural areas, phasing of development, servicing, road patterns, urban design and development densities. This application is similar to the Warren Woods proposal recently considered by Council. Consideration of a general amendment for the conversion of the industrial lands to residential provides the applicants with assurance that development may occur sometime in the future and still allow the City to withhold development of the lands until the detailed studies and reviews are completed through the Secondary Plan process. Planning Analysis -3 Provincial Policy Statements & Growth Plan The Provincial Policy Statements and the Growth Plan for the Greater Golden Horseshoe both require that municipalities plan for the protection and preservation of employment areas for current and future economic opportunities. Both documents only allow the conversion of employment areas to non - employment where 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. A Comprehensive Review of Employment and Residential lands was completed by UrbanMetrics inc. and approved by the City in October 2007. The study concluded that based on population projections in the Growth Plan, the City should expand its supply of residential lands to accommodate projected growth. Employment will continue to move towards the service sector and away from the heavy manufacturing sector and as a result the City has an oversupply of vacant industrial lands. The urbanMetrics inc. study has concluded that the conversion of the Thundering Water lands from Industrial to Residential is in compliance with the findings of the Comprehensive Review and thus supports the need for additional residential lands within the City to maintain a 10 year supply as required under the PPS. Official Plan March 31, 2008 Council Minutes 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 housing types and densities, as well as catering to a wide range of households. The proposed residential use of the lands will be a continuation of the existing dwellings located south of McLeod Rd. The applicants have proposed a mix of residential housing types as follows: - Single family- 67 %; Multiple attached townhouse units -19 %; Condominium apts- 14% - The actual housing mix will be the second step of the Secondary Plan process. Industrial Compatibility The MOE established Guidelines (D -6) for the purpose of ensuring compatibility between industrial facilities and sensitive land uses. The minimum distance separation is dependant on the class of the industrial use and varies from 20m (Class 1, light industrial) to 300m (Class III, Heavy Industrial). Industrial uses and Industrially designated lands are located both east and west of the subject lands. The applicants submit that based on the types of the industrial uses that exist and are permitted, setbacks appropriate for Class 1 and 2 industries would be applied to this development. Through the Secondary Plan process, more detailed setback distances will be established to mitigate any impact that residential uses may have on existing or future industrial uses. Natural Areas The PPS, Regional Policy Plan and the City's OP all stress the importance of a healthy natural environment and protection of natural heritage features. A large portion of the subject lands contain significant woodlands, wetlands and wildlife habitat. An Environmental Constraints Analysis has been submitted with the application which identifies a northern wetland, a previously unevaluated wetland area in the south of the - 4 - March 31, 2008 Council Minutes former rail line and a southeastern watercourse, all as areas to be protected from development impacts. The applicants have had ongoing discussions with the Niagara Peninsula Conservation Authority regarding the developer's request to consider the relocation of a significant section of a wetland north of the Con Rail Drain to an area south of the Drain. Due to the size of the wetland area involved, the NPCA recommends that the OP amendment be conditional on the preparation and approval by the NPCA, of a feasibility study for the creation of a wetland area south of the Con Rail Drainage ditch that will match the ecological and hydrological function of any wetlands lost to the north. No wetland area is to be altered until the wetland creation works south of the drainage ditch are satisfactorily completed. A Woodland Management Plan is suggested for the protection of the woodlot features on site. An Environmental Impact Study will be required as the Environmental Analysis provides only a general assessment of existing site conditions. The OP amendment should contain policies to ensure that detailed environmental studies addressing the function and connectivity of the natural heritage features and a woodland management plan are to be prepared through the Secondary Plan process. Availability of Adequate Municipal Services & Facilities and its impact on the Transportation System The proposed development will have an impact on the existing road system which will be addressed during the Secondary Plan process and prior to any development. A Transportation Plan will be required as part of the Secondary Plan process which will look at integration with the City's Transportation Master Plan, the identification of off -site improvements and road access /bridges across the Hydro Canal or Welland River, road patterns and linkages. The servicing of the lands will also require specific studies through the Secondary Plan process. Due to the grade of the site, a sewage pumping station will be required. The construction of the pumping station will dictate the phasing of the development of the site. Environmental Site Assessments The OP contains policies regarding the redesignation of potentially contaminated lands to more sensitive land uses such as residential. Where the potential of contamination exists, an applicant must verify to the City and Region that the lands are not contaminated and /or provide a Record of Site Condition to show that any contamination has been remediated The applicants have had Phase land I I Environmental Site Assessments prepared for the lands due to previous industrial uses. The proposed amendment should contain a policy that will ensure that the Secondary Plan will require the appropriate completion of studies or the receipt of Record of Site Condition through implementing planning applications such as zoning amendments, plans of subdivisions or site plan control. Development through a Secondary Plan The use of Secondary Plans is encouraged in the OP for larger areas to ensure the appropriate and efficient development of areas from a land use perspective and are to be coordinated with servicing studies in advance of development. The Secondary Plan preparation will be subject to Public meetings, Open Houses, and information sessions with area residents. The design of the proposed development will be in conformity with the density targets and sustainable design objectives of the Growth Plan. The requested amendment to facilitate the conversion of the industrial lands is a - 5 - March 31, 2008 Council Minutes preliminary step prior to the approval of the Secondary Plan. As such, the amendment will have to restrict any development within both the Residential and EPA designations until the Secondary Plan is complete Zoning The lands are presently zoned General Industrial (GI), Light Industrial (LI) and Open Space (OS). The provincially significant wetlands as well as the other natural areas are not currently protected through a Hazard or Environmental Protection zone. The proposed OP amendment should contain a clause to provide for the rezoning of the whole of the subject lands to a "Development Holding" (DH) zone to prohibit any development from occurring prior to the completion of the Secondary Plan. Through the zoning change, the lands can be removed from the industrial zoning and development in or around the natural heritage areas will be prohibited until the areas to be protected are defined through the detailed environmental studies required through the Secondary Plan process. Conclusion The proposed residential use of the lands can be supported subject to the conditions contained in this report including that: The application represents the first step in redesignating the lands for future residential development and to protect significant natural features. The Official Plan Amendment will provide that: - No development or site alteration be permitted until the approval of the Secondary Plan; and, - A feasibility study for the relocation of a wetland be completed and approved by the Niagara Peninsula Conservation Authority. The City's Zoning Bylaw should be amended to rezone the lands Development Holding (DH) zone to implement the Official Plan amendment. Recommendation It is recommended that Council support the application for amendment, subject to the conditions outlined in this report. Dr. John Bacher, 134 Church Street, St. Catharines, Preservation of Agriculture Lands Society, is opposed to the changes to the official plan in connection with the proposed development application. He believes two steps need to be taken: one should be to have all the intact forest area designated as Environmental Protection and also to have the Ministry of Natural Resources re- evaluate the area for its wetland significance. Dr. Bacher felt that the one wetland should not be relocated, but preserved in its own right. He indicated that they had no objection to the residential zoning on lands north of Oldfield. Stephanie Davidson, 7641 Thames Cr., expressed concerns with the flooding on the hydro land after trees were removed. She outlined the natural features of the land and the need to preserve this natural beauty in an urban community. Jean Grandoni, R R# 2, Garner Road, opposed to approval of the Official Plan Amendment. She felt that such an amendment was premature. She felt a more thorough review of the lands needed to be undertaken. David Allen, Chair, Stanley Avenue Business Park Association, was present to express the concerns of the Business Association. The concern of the Association is not with the change of Industrial to Residential but rather that the lack of notification to the - 6 - March 31, 2008 Council Minutes businesses. They would like the matter to be deferred in order to give them time to educate themselves further on the project. Mr. Allen said that his membership wanted to ensure that issues of incompatibility between residential and industrial uses do not occur in the future. Carolynn Bones, President, Chamber of Commerce, representing local businesses feels that adequate notification was not given to all the businesses. She requests that the matter be delayed in order for the businesses to have an opportunity to get informed. Larry Vaughn, Ground Aerial Management Services, owner of two properties in the Stanley Avenue Business Park, respects the project but would like to have more of an opportunityth educate himself on the particulars. He has a few concerns with the adequacy of buffers between the businesses and the future development. Ed Lustig, Broderick & Partners, agent for the applicant, advised that this was the initial step in a lengthy development process that will see further public consultation and a complete Secondary Plan process. Mr. Lustig felt that nothing was served by a deferral because certain issues like setbacks and buffers will only be determined during the secondary plan process. He pointed out that the lands are currently industrial and, therefore, under the existing zoning there are no environmental safeguards in place. Mr. Lustig indicated that NPCA has supported the exchange of wetlands proposed. He pointed out that this is not the case of agricultural lands being rezoned and eliminated. Rick Brady, Planner for the applicant, indicated that other agencies such as the Conservation Authority and the Region have not gone on record opposed to the project. He also indicated that the consolidation of ecosystem parcels is encouraged by the Province. The Public Meeting was Closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Mayes that the report be approved; that the Ministry of Natural Resources be contacted to reevaluate the area for wetland significance and a meeting be set up immediately with the applicant and the Stanley Avenue Business Park Association. Carried Unanimously with Councillor Kerrio declaring a conflict Background PD- 2008 -27 - 26 -T -11- 2006 -03 (Revised) & AM- 45/2006, Zoning By -law Amendment Application Fernwood Phase 2 Draft Plan of Subdivision, Lundy's Lane (North Side), Between Garner Road & Beechwood Road. Owner: 800460 Ontario Limited ( Fred Costabile) The Director of Planning and Development reviewed the recommendations and provided the following information: This plan is an extension of the Fernwood Draft Plan of Subdivision previously approved with conditions by the Ontario Municipal Board. Phase 2 of the development proposes to subdivide the 13.3 ha (32.86 ac) site into 112 lots for single detached dwellings, 7 blocks of land for 36 on- street townhouse units, a block of land for 39 townhouse units and a block of land for 43 apartments. The majority of the subject land is currently zoned Development Holding, while small sections at the east and south are zoned Residential Single Family 1 E Density (R1 E) and Hazard Land (HL). The applicant has requested a zoning change to the Residential Single Family 1 E Density (R1 E) for the single detached lots, to Residential Mixed (R3) zone for the on- street townhouse blocks and to Residential Low Density, Grouped Multiple dwellings (R4) zone for the townhouse and apartment blocks. 7 March 31, 2008 Council Minutes Planning Analysis Official Plan The City's OP designates the subject land Residential under Special Policy Area #44. Special Policy #44 requires the provision of an integrated housing mix throughout the site with an overall minimum residential density of 14 units /ha (6 units /ac). A variety of single lot sizes along with townhomes, apartments and multiple residential units are to be integrated throughout the plan area in order to provide a choice of housing types and tenure. An overall density of 15.08 un /ha (6.1 un /ac) is proposed. Approximately 51% of the Phase 2 plan is to be multiple unit housing. Subdivision Design The large woodlot along Garner Rd is to be transferred to the City as part of Phase 1. In addition, Phase 1 also provides a corridor along the south boundary next to the CN Railway to accommodate a realigned watercourse, stormwater management facilities, safety berm /noise fencing and recreational trail which will also serve this phase of development. The developer is required to construct an emergency access connecting Hendershot Blvd to Lundy's Lane. This access will also be used for construction purposes during Phase 1. The City's preference is that the emergency access route be adjacent to the curved boundary of Block 121, next to the stormwater area. The proposed walkway between Block 120 and Hendershot Blvd should be relocated between Blocks 117 and 118 to better align with Block 96 and the trail corridor along the railway. MTO requires that all buildings, structures and services be located 14 m. (46 ft) from Hwy 420 alignment. This may necessitate a shift in the location of lots 1 and 112. All parkland requirements of the developer for the combined Fernwood area were addressed in Phase 1 through the dedication of a block of land on Hendershot Blvd and a walkway on Tapestry Court accessing the woodlot. Traffic calming techniques are required and there will be parking restrictions on certain streets to ensure adequate fire access. Sidewalks are requested in accordance with standard municipal practice. Zoning The requested R1 E zone for the single detached lots is the same category as the Phase 1 subdivision. Staff discussed alternative designs whereby the multiple unit blocks would be distributed within the Plan, however, the developer preferred the option presented tonight. The R3 zone category requested for the on- street townhouses also permits single detached and semi - detached lots. In order to ensure Official Plan density conformity, the bylaw will need to specify on- street townhouses only in the R3 zone and a minimum of 36 units. The R4 zone provides development standards for both townhouses and apartments and the two specified blocks could be suitably developed for either use. Again, to meet the density requirements of the OP, a minimum of 39 units should be specified for Block 120 and a minimum of 43 units for Block 121 as indicated in the developer's plans. A minimum setback of 7.5 m (25 ft) should be specified for the rear yard amenity space behind any townhouse unit. Conclusion Recommendation 8 - March 31, 2008 Council Minutes The Fernwood Phase 2 Draft Plan of Subdivision is an acceptable development of the site. The application complies with the specific policies of the Official Plan Amendment #51 and is consistent with the Provincial Policy Statement. The subdivision will be subject to the standard conditions of draft plan approval. The recommended Zoning Bylaw amendment will provide suitable regulations for the construction of the dwellings. The required conditions of approval are listed in the appendix of the report. That the Fernwood Phase 2 Plan of Subdivision be draft approved subject to the conditions in the appendix of the report. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 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. 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. Jean Grandoni, R R # 1, Garner Road, stated that she believes that certain conditions for approval of Stage One, in particular pertaining to storm water management, master drainage plan and noise have not been met. She would like to see the Ministry of Environment perform an investigation to rule out hazardous waste lands on the site. Italia Gilberti, Broderick & Partners, agent for the applicant, stated that her client is in support of the staff report and recommendations. She advised that the Ministry of Environment has been out to the property and have concluded there is no hazardous waste and the property has been cleared by the Ministry. ORDERED on the motion of Councillor Mayes, seconded by Councillor Fisher that the report be approved. Background Carried Unanimously PD- 2008 -25 -AM- 2008 -002, Zoning By -law Amendment Application, 4680 Dorchester Road, Applicants: Kemal Ekmekci and Halim Daglar, Proposed Semi - Detached Dwelling. The Director of Planning and Development reviewed the recommendations and provided the following information: The applicants have requested an amendment to the Zoning Bylaw for a lot at 4680 Dorchester Rd. having an area of 723 sq m (7780 sq ft). The lot was formerly occupied by a single detached dwelling that was demolished in 2007. Presently the lot is vacant and the applicants are proposing to construct a semi - detached dwelling. The land is currently zoned Residential Single Family 1C Density (R1 C) and the applicants are requesting a change to Residential Single Family and Two Family (R2) which would permit the proposed semi - detached dwelling. Planning Analysis Official Plan The requested amendment conforms to the Official Plan The land is designated Residential in the OP 9 March 31, 2008 Council Minutes Single detached and semi detached and triplex dwellings are the predominant use in the Residential designation. Infill residential development is to be designed to achieve compatibility with the surrounding area in terms of density, building mass, setbacks and appearance. The subject land is located at the edge of a residential area, adjacent to a major commercial area. The proposed semi - detached dwelling represents the form and intensity of development expected in low density residential areas and would provide a transitional use between the lower density single detached dwellings to the north and the commercial plaza to the south. The proposed semi - detached dwelling is similar in appearance and massing compared to surrounding dwellings which are a mix of one and two storey single detached dwellings and a semi - detached dwelling. Dwellings abutting to the north have front yard setbacks of 9 -10m (30 — 33 ft) so it is recommended that the front yard setback of the proposed dwelling be increased from the standard 7 m (23 ft) to 9 m (30 ft) to preserve the existing streetscape. Zoning The R2 zone provides for building setbacks, lot coverage and building height standards that are similar to the R1 C zone that currently applies to the subject land and to the surrounding residential properties. The applicant is proposing to construct the dwelling in accordance with these standards. The applicants intend to provide a 7 m (23 ft) front yard setback to accommodate the attached garages with the balance of the front wall of the dwelling being setback 10 m (33 ft). While the proposed setback would conform to both R1 C and R2 zones, it has been noted that a consistent front yard setback of 9 -10 m (30 - 33 ft) has been provided by the dwellings that front onto Dorchester Rd., north of the subject land. Staff recommend a site specific provision requiring a front yard setback of 9 m (30 ft) should be implemented in the amending bylaw to preserve the existing streetscape. There is sufficient room to locate the dwelling further back on the property and still meet the minimum rear yard setbacks. The requested R2 zoning is appropriate provided the front yard setback is 9 m (30 ft) Conclusion The requested change to a R2 zone to permit a semi - detached dwelling on the land can be supported for the following reasons: It conforms to the Official Plan with respect to development in residential areas It maintains the character of the surrounding residential area It provides an appropriate transitional use to the commercial area to the south. Provided a 9 m (30 ft) front yard setback is provided, the proposed dwelling will be compatible with adjacent dwellings Recommendation -10- March 31,2008 Council Minutes That Council approve the Zoning Bylaw amendment application to permit the construction of a semi - detached dwelling on the land, subject to the provision of a minimum front yard depth of 9 m (30 ft) Councillor Diodati exited Chambers. Halim Daglar, applicant, was pleased with the staff report and supported the recommendations. The Public Meeting was closed. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Fisher that the report be approved as recommended. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci offered condolences to the Todd Harrison, a City employee, on the passing of his mother -in -law, Rosemarie Linz. Mayor Salci announced that he received a letter from the Minister of Tourism, Peter Fonseca advising that the Province has forwarded the second installment of $17.5 dollars to the municipality for construction of the Niagara Convention and Civic Centre project; also, the Mayor has accepted an invitation to the International Mayors' Forum on Tourism being held in Zhengzhou, China. Mayor Salci advised of some recent events: The Stamford Centre Volunteer Firefighters Association Annual Easter Egg Hunt took place at Fireman's Park; The "Build - A -Bear Workshop" on Victoria Avenue held it's grand opening and the Mayor's Youth Advisory Committee held their successful "Culture Fest" at the MacBain Community Centre. Mayor Salci advised of some upcoming events: Club Italia Ladies Auxiliary will be having Spaghetti Supper on April 6, from noon to 6: p.m.; Support Girl Guide of Canada by purchasing cookies also available at City Hall; April 2 marks the 35 Annual Mayor's Prayer Breakfast in our City. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that Councillor Diodati be appointed Acting Mayor for the period of April 8, 2008 to and including April 13, 2008. Carried Unanimously Councillor Diodati returned to Chambers. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Rotary Club of Niagara Falls Ribfest - Requesting to be declared a Community Festival and that the noise by -law be extended to 11 p.m. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor loannoni, seconded by Councillor Maves that the requests outlined in the communication be approved. Carried Unanimously 2. Niagara Community Outreach - Request that rezoning fees be waived for the organization. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Kerrio, seconded by Councillor Thomson that a grant equal to the zoning application fee be provided. Carried Unanimously - 11 - March 31, 2008 Council Minutes 3. Child Find Ontario - Requesting that May 25, 2008 be proclaimed as " National Missing Children's Day ". RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher that the communication be approved. Carried Unanimously 4. West Nile Virus 2008 Larvicide Permits - requesting authorization for any permit application for West Nile virus control submitted to the Ministry of Environment. RECOMMENDATION: That Council supports local action by the Regional Niagara Public Health Department to reduce the risk of the West Nile Virus and that the Director of Municipal Works be authorized to sign the supporting letter. ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati that the recommendation be approved. Carried Unanimously 5. Downtown BIA- Request to approve the 2008 budget. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Kerrio, seconded by Councillor Diodati that the Downtown B.I.A. budget be approved. Carried Unanimously Councillor Mayes excited Chambers. REPORTS 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 25,2008 be approved. Carried Unanimously 1. The minutes of the March 17, 2008 meeting be approved as amended. 2. PD- 2008 -20 SPC- 23/2007, Site Plan Application, 2799 St. Paul Avenue 1. That staff be directed to meet with the developer to advise that the residents wish to split the cost difference to plant 25' trees. 2. That staff prepare a report on the Site Plan Approval Process. 3. R- 2008 -12 Request to Rename Fern Park, E.E. Mitchelson Park or Kalar Park That Council approve the recommendation of the Recreation Committee to not rename Fern Park, or E.E. Mitchelson Park and Kalar Road Park. 4. TS- 2008 -04 Bella Senior Care Parking Concerns That Council approve a twenty -five (25) meter extension of the permissible parking area on Willoughby Drive, adjacent to the Bella Senior Care Residence. - 12 - March 31, 2008 Council Minutes 5. That pre- hearing consultation proceed and that staff indicate that Council supports the position of the parishioners to have the Conservation Review Board Hearing delayed. Councillor Maves returned to Chambers. 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. L- 2008 -09 - Bell Canada Renewal of License Agreement with the City - John N. Allan Park - Kalar Road. File 2008 -50. It is recommended that Council authorize a Licence Agreement with Bell Canada to permit the operation of a Bell station on a portion of John N. Allan Park (" subject property ") MW- 2008 -18 - Edgewood Estates Subdivision Payment for Oversized Services. It is recommended by Council authorize the payment in the amount of $ 832,702.75 to 1473944 Ontario Ltd. in accordance with the terms of the Edgewood Estates Subdivision Agreement for the construction of oversized services. MW- 2008 -19 - Asphalt Patching City Wide Tender # 2008 -04. It is recommended that: 1. The unit prices submitted by the lowest tenderer, Circle P. Paving, be accepted, and; 2. That the Mayor and City Clerk be authorized to execute the necessary agreement. MW- 2008 -08 - Kalar Road Reconstruction Project Tender and Construction Update. It is recommended that: 1. That Council authorizes staff to proceed with the tendering of the Kalar Road Reconstruction Project; and 2. That Council approves the inclusion of a bonus /penalty clause in the tender document to ensure completion of this project by September 1,2008. MW- 2008 -20 - 2008 Water Distribution Subsystem Annual and Summary Report It is recommended that this report be received and filed. R- 2008 -07 - Baden Powell Park - Trail Prairie Grass Regeneration Program. It is recommended that City Council receive the information on the Tall Prairie Grass Regeneration Program at Baden Powell Park as part of the ongoing ecological restoration of the park. R- 2008 -08 - Proposed Arena Rates & Fees 2008/2009. It is recommended that City Council approve the attached fees contained in Schedules 1 and 2. R- 2008 -09 - 2008 Special Events Agreement. It is recommended that the Mayor and Clerk be authorized by Council to sign all Agreements related to the various events being held at the Niagara Falls memorial Arena in 2008. R- 2008 -10 - Amendments to the Municipal Alcohol Risk Management Policy. It is recommended that City Council approve the amendments to the Municipal Alcohol Risk Management Policy. ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that the reports be approved as recommended. with Councillor Maves declaring a conflict on R- 2008 -10. Carried Unanimously - 13 - March 31, 2008 Council Minutes CD- 2008 -03 - Closed Meeting Investigation Etc. It is recommended for the information of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that staff prepare an in house legal opinion on the "In Camera" procedures of March 17, 2008 meeting. Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that an In Camera session be convened at the next available opportunity to discuss some of the broader personnel issues contained in HR- 2008 -02. Motion Carried with Councillors Maves, Pietrangelo and Diodati opposed. ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that Council reconsider using LAS and go back to using an ombudsman. Motion Carried with Councillors Kerrio, Maves and Thomson opposed. ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that cancel the City's contract with LAS. Motion Carried with Councillors Kerrio, Thomson and Maves opposed. F- 2008 -14 - Statement of Remuneration and Expenses for Members of Council and Commissions. It is recommended for the information of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that staff come back with a report on the salary disclosures and expenses for all members of Hold Co to date. Carried Unanimously ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that the report be approved. Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the meeting go past 11:00 p.m. 2008 -47 BY -LAWS Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be given a first reading. Carried Unanimously 2008 -45 A by -law to establish Part of Block F, Plan 8 as a public highway, to be known as and to form part of Drummond Road. 2008 -46 A by -law to authorize the execution of an Agreement with Bell Canada, respecting the operation and maintenance of a telecommunications facility over a portion of John N. Allan Park. A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. ( Stop Signs at Intersections, Parking Prohibited) Sixth Avenue & Willmott Street. 2008 -48 A by -law to amend By -law No. 2005 -112, being a by -law requiring emergency management program for the protection of public safety, health, the environment, the critical infrastructure and property, and to promote economic stability and a disaster - resilient community. 2008 -49 A by -law to amend By -law No. 79 -200, to permit the development of an apartment building on the west side of Kalar Road, north of Forestview Boulevard. AM- 37/2007 2008 -50 A by -law to amend By -law No. 79 -200, to permit the development of an apartment dwelling on the land. AM- 35/2007 - 14 - March 31, 2008 Council Minutes 2008 -51 A by -law to amend By -law No. 79 -200, to permit the development of a retirement home and to repeal By -law No. 2000 -197. AM- 31/2007 2008 -52 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. (OPA No. 80) AM- 29/2007 2008 -53 A by -law to amend By -law No. 79 -200, to permit the erection or use of a building on the property for the purpose of either a one family detached dwelling or a duplex dwelling and accessory buildings and accessory structures, or an office. AM- 29/2007 2008 -54 2008 -55 A by -law to amend By -law No. 79 -200, to permit an expansion of a hotel, to permit a portion of the required parking to be provided off site and to repeal By -law Nos. 89 -255 and 92 -285. AM- 36/2007 A by -law to authorize the execution of a Section 37 Agreement with 1712093 Ontario Limited and 2100422 Ontario Limited pursuant to Section 37 of the Planning Act respecting the provision of certain facilities and services and matters by 1712093 Ontario Limited and 2100422 Ontario Limited in return for an amendment to By- law156 No. 79 -200 for an increase in height to allow the development of a hotel with a maximum height of 53 metres and 18 storeys on lands owned by 1712093 Ontario Limited and 2100422 Ontario Limited and located on Fallsview Boulevard, in the City of Niagara Falls. 2008 -56 A by -law to appoint Councillor Jim Diodati as Acting Mayor from April 8, 2008 to and including April 13, 2008. 2008 -56 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 31s day of March, 2008. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be read a second and third time and passed. Niagara Health System ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that Council support the position of the local doctors and MPP Craitor, asking the Ministry of Health to review the Niagara Health System. Macular Degeneration NEW BUSINESS Carried Unanimously Carried Unanimously ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that staff prepare a resolution ensuring equal access to recently announced funding for drugs combatting Macular Degeneration. Humane Society Carried Unanimously ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that a Committee of Council work with staff and Humane Society on the next steps. Carried Unanimously Councillor Thomson expressed that he would participate. Earth Hour Councillor Diodati provided an update on the recent Earth Hour activities. - 15 - March 31, 2008 Council Minutes ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that the meeting be adjourned at 12:00 a.m. Carried Unanimously DEAN IOR91D , CITY CLERK R.T. (TED) SALCI, MAYOR