2008/09/08SIXTEENTH MEETING
IN CAMERA MEETING
REGULAR COUNCIL MEETING
ADOPTION OF MINUTES
DISCLOSURES OF PECUNIARY INTEREST
Committee Room 2
September 8, 2008
Council met on Monday, September 8, 2008 at 5: p.m. in an In Camera Session. All
members of Council were present. Mayor Salci presided as Chairman.
Following consideration of the items presented, the In Camera Session did rise and
report in open session.
DEAN IORF A, CITY CLERK R.T. (TED) SALCI, MAYOR
Council met on Monday, September 8, 2008 at 7:10 p.m. for the purpose of
considering Regular Business matters. All members of Council were present. Councillor
Thomson offered the Opening Prayer.
Councillor Wing indicated a conflict to #3 on Community Services ratification and
that it be noted under the Planning item that Veronica Balaj was the owner of the property
and submitted a petition from the neighbourhood.
ORDERED on the motion of Councillor Fisher, seconded by Councillor Maves that
the minutes of August 18, 2008 be approved as amended.
Carried Unanimously
Councillor Maves indicated a pecuniary interest to cheque no. 322105, made
payable to himself.
Councillor Thomson declared a conflict to report PD- 2008 -80, AM- 2008 -021.
Councillor Pietrangelo indicated a pecuniary interest to cheque no. 322106, made
payable to himself.
Councillor loannoni indicated a pecuniary interest to cheque no. 322191, made
payable to herself and cheque no. 322104, made payable to her spouse.
Councillor Diodati indicated a pecuniary interest to cheque no. 322103, made
payable to himself.
Mayor Salci indicated a pecuniary interest to cheque numbers 322107 and 322250
made payable to himself.
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DEPUTATIONS /PRESENTATIONS
Big Brothers Big Sisters
Jon Braithwaite, Executive Director, Big Brothers Big Sisters, outlined the Big
Brother Recruitment drive entitled "1 Year, 100 Men ". He advised that the initiative is to
recruit 100 new Big Brothers in the community by the end of September 2008. He was
pleased to announce that they are at 75% of meeting their goal. He asked for Council's
consideration in proclaiming September as " Big Brother Big Sisters" month in the City.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
loannoni that the month of September as "Big Brothers Big Sisters" in the City of Niagara
Falls.
Carried Unanimously
Alzheimer Society Niagara Foundation
Teena Kindt, Director of Development, Alzheimer Society, addressed Council about
the National Coffee Break Day, September 18, 2008, the annual Alzheimer Society
fundraiser and also presented Mayor Salci with a "Coffee Break" package.
The Arthritis Society
Lorna Anstruther, Regional Development Manager, The Arthritis Society, informed
Council of the services provided by the Arthritis Society. She requested that Council
proclaim the month of September as "Arthritis Awareness Month" in the City of Niagara
Falls and that a flag raising ceremony be held at city hall.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati
that September be proclaimed as Arthritis Awareness Month in the City of Niagara Falls
and that a flag raising be held.
Carried Unanimously
CAW Local 199
Malcolm Allen, Financial Secretary, made a brief presentation to Council about the
Niagara Falls Labour Council CAW Local 199 and the importance on buying Canadian. He
requested that Council adopt the resolution submitted by the CAW 199.
ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni to
support the Buy Canadian resolution amending #1 to read:
That Niagara Falls City Council will work to keep good jobs in our communities by:
1. Adopting a "Buy Canadian" policy for municipal purchases which includes:
•pursuing a minimum of 50% Canadian content and domestic final assembly in the
purchase of public transit vehicles;
• requiring the purchase of goods and services with the highest possible level of Canadian
content;
• requiring potential vendors to identify the source of goods and services, and the overall
level of Canadian content, as part of the tendering process;
• reporting annually to Council an the level of Canadian content in municipal purchases;
and
• Identifying opportunities to enhance the level of Canadian content in future purchases.
2. Calling on the federal, provincial and territorial governments to immediately enact "Buy
Canadian" legislation applying to direct public purchases, and to grants and other funding
provided to municipal governments.
Carried Unanimously
Background
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PLANNING MATTERS
PD- 2008 -70 -AM- 2008 -021, Official Plan and Zoning By -law Amendment Application,
5471, 5491 and 5507 River Road and Vacant Land on the West Side of River Lane and
on the Northwest Corner of River Road and John Street
Applicant: Niagara Falls Pointe Limited Partnership, Agent: Michael Goldberg, The
Goldberg Group, Proposed 7- Storey, 119 Unit Apartment Building
A request for deferral was made by a number of residents in order to permit their
solicitor Tom Richardson to review the revised application and staff report.
Italia Gilberti, Broderick & Partners, representing the applicant, indicated that
although there is a request for deferral by the residents, she believes that a representative
for Mr. Richardson could have been present and therefore would like to have this
application dealt with this evening.
ORDERED on the motion of Councillor Wing, seconded by Councillor Diodati that
the report be deferred.
Carried
with Councillors Fisher and Kerrio opposed and Councillor Thomson declaring a conflict.
PD- 2008 -78 -AM- 2008 -014, Official Plan and Zoning By-law Amendment Application,
5688 -5704, 5710 and 5720 Main Street, Applicant: 753049 Ontario Limited ( Nick
Vacarro), Agent: Peter Lesdow, Proposed 10- Storey, 102 Retirement Home
The Director of Planning and Development reviewed the recommendations and
provided the following information:
The applicant is proposing to develop a 102 unit retirement residence in a 10 storey
building.
The application is requesting an amendment to the OP and the addition of a Special Policy
Area designation to the property to permit a retirement home with a greater height and
density than currently allowed.
The application is also requesting the zoning to be changed from General Commercial
(GC) to a Residential Apartment 5F Density (R5F) zone with site specific provisions to
address density, front and rear yard depths, side yard widths, landscaped open space
coverage, lot coverage and building height.
Planning Analysis
Provincial Policy Initiatives
City planning decisions must comply with Provincial Policy documents.
The Provincial Growth Plan for the Greater Golden Horseshoe stipulates that by the year
2015, the City is to achieve 40% of new residential growth within its existing built
boundaries.
This proposal supports the Province's goal by consolidating underutilized lots to provide
a more readily developed site and takes advantage of existing services as well as providing
additional housing options.
Official Plan
The development of a mixed use commercial project on the site complies with the OP and
the Historic Drummondville CIP.
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• Minor Commercial lands are intended to be developed for commercial uses that
serve the surrounding community. The OP also allows commercial lands to be
developed with mixed use projects consisting of ground floor commercial uses and
upper floor residential uses. The mixed use building is also supported by the
Historic Drummondville CIP which envisions the development of new medical
related uses in this area to complement the hospital, clinics and doctors offices
already in this area and additional housing to support local businesses.
The density of the development is an appropriate departure from the OP due to the nature
of the development and its location.
The OP allows a maximum density of 100 units /hectare (40 units /ac) for
conventional apartment buildings in or close to minor commercial areas.
• The proposed retirement home has a density of 251 un /ha (102 un /ac). According
to the applicant, this number of units is required to make the project viable due to
the land assembly involved.
• The density of the project is appropriate given its location and proximity to transit
routes, medical facilities, the Coronation Centre and shops, restaurants and
services, including Sylvia Market Place.
• The surrounding road network can support the density of the project. Land use
impacts are not expected as a result of the increased density.
The proposed building height is an appropriate exception to the OP
• Development in minor commercial areas is limited to a maximum of 6 storeys to
ensure a proper transition to surrounding development. The proposed development
is 10 storeys high, plus a decorative roof feature. This exception to the height is
acceptable given the site's proximity to the Clifton Hill tourism subdistrict, where
building heights up to 12 storeys can be considered. The Park Plaza hotel is 11
storeys and located within the subdistrict.
• Properties to the north, south and west of the site are designated commercial and
mainly used for commercial or institutional uses and are not expected to be
impacted by the development. Although the properties to the east are used for
residential purposes, they are zoned and designated for commercial purposes and
are expected to eventually be used for commercial purposes.
• The tower portion of the building is set back about 32 m (105 ft) from the
residentially designated lands on Banker Ave. The applicant has submitted a
shadowing analysis that shows there will be no impact on these residences during
the summer period. To assist in reducing impacts on these residential properties
it is recommended that landscaping and tree plantings be provided to screen
adjacent residences.
The project is not expected to generate a significant amount of traffic.
• Two parking spaces will be on the south side of the building which are intended to
be used by staff. The parking areas for the building will be accessed from Main St.
Which can accommodate the additional traffic without impacting on local streets.
• Adequate water and sanitary infrastructure exists to support the proposal.
Zoning
The current GC zoning of the subject lands would permit the development of a commercial
or mixed use building up to 4 storeys in height as close as 3 m (10 ft) to the rear lot lines .
of the residences fronting onto Banker Ave.
The R5F zone is appropriate because the majority of the building will have a residential
function as a retirement home. Provisions will be added to provide for the ground floor
commercial uses including a clinic and health centre.
Other Matters
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The following Site specific standards will be required to accommodate the project:
• Reduced minimum lot area per unit from 57.0 sq m (613 sq ft) to 39.0 sq m (419 sq
ft) per unit.
• Increase the front yard depth from 7.5 m (24.6 ft) to 10.0 m (32.8 ft) for the tower
portion and provide a reduction to allow the port canopy to come as close as 0.3
m (1 ft) to the front lot line.
• Reduce the set -backs to allow the building podium to be as close as 1.2 m (4 ft)
along the south lot line and a distance of 3 m (9.8 ft) from the east lot line. The
podium is 1 to 2 storeys in height, a 1 or 2 storey dwelling is allowed to be as close
as 1.2 m (4 ft) to a property line.
• Adjust the set -backs for the tower portion of the building from 1/4 building height (9.7
m (31.9 ft) to be 2.2 m (7.6 ft) from the property to the south and 5.8 m (19 ft) to
14.3 m (47 ft). The abutting properties to the south and east are zoned for
commercial purposes despite being used for residential purposes. The majority
of the tower portion of the building will be set back a greater distance from the east
property line than the required % distance.
Reduce the setback on the north side from Y the building height (19.4 m/63.6 ft) to 8.8 m
(28.9 ft) for the tower portion of the building. The property to the north is used for
commercial purposes which require lesser side yard setbacks.
Increase the lot coverage from 30% to 36 %. Because the building contains underground
parking, less of the property is needed for surface parking creating efficiencies resulting
in a minor increase in coverage. The current GC zone would allow 70% lot coverage.
The standard R5F zone provides for a building height of 28m (91. 9 ft) the applicant
proposes a building height of 37 m (121 ft) in order to accommodate a pitched roof. The
pitched roof does not add significantly to the mass of the structure while improving the
residential appearance of the building.
Decrease the landscaped opens space from 55% of the lot area to 22 %. To achieve the
22% landscaped open space, it will be necessary to incorporate the landscape strips
referenced in the report and shown on the revised site drawing. The current GC zone does
not require any landscaped space. The applicant is seeking the standard 0.6 parking
spaces per living unit for the development. The commercial uses (i.e clinic) will have to
meet the current zoning standards.
The site is located in the Historic Drummondville CIP area, therefore it is eligible for the
Revitalization Grant Program as well as the Development Charges Exemption program.
It may also qualify for certain reductions in Regional development charges if the proposal
fits under Smart Growth initiatives.
As 37 Bonusing agreement is not recommended due to its location within the CIP area
where increased development is encouraged to stimulate reinvestment. It is not logical
to provide grants and waivers through one program and then take those funds back
through the s. 37 program.
At the site plan stage, other matters such as lot grading, stormwater management, fencing
and buffering, waste disposal, safe access and lighting will be addressed.
A revised site plan has been submitted which moves the loading area off Summer St. to
the front of the building on Main St. providing for safe ingress and egress of delivery
vehicles and less disruption for Summer St. residents.
Conclusion
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Council Minutes
The application to amend the Official Plan and the Zoning By -law to allow a 10- storey, 102
unit retirement home and clinic on the land can be supported for the following reasons:
• The proposal supports Provincial policies which call for intensification and efficient
use of urban land.
The development of a high density, mixed use project on the site will support
redevelopment plans in this area, will introduce compatible uses and will not
adversely impact surrounding uses.
Increasing the height of the building to 10 storeys will not impact on adjacent
commercially zoned properties and should not adversely impact nearby residential
properties.
• The retirement home will add housing choices for senior citizens and the clinic will
complement medical facilities in the area.
• Road and servicing infrastructure are available to serve the development.
• The implementing by -law should incorporate site specific provisions to allow the
project as well as securing landscape strips along adjacent residential properties.
Recommendation
That Council approve the application to site specifically add a Special Policy Area
designation to the Official Plan and to change the zoning of the land to a site specific
Residential Apartment 5F Density (R5F) zone to permit a 10 — storey, 102 unit retirement
home, including a clinic, on the property subject to the landscaping requirements
recommended in the report.
Barbara Allen, 5691 Banker Street, indicated that she is opposed to the this
application for a number of reasons: she disputes the shadow study, the height of the
proposal, increased traffic that will necessitate a traffic light and need for more buffering
near the pool. She asked to be included in the site plan process.
Sandy Edmondson, 5772 Emery Street, expressed his concern with regards to the
proposed height of the building. He would be more acceptable to see a 4 -6 storey building,
rather than the proposed 10 storey.
Brian Sinclair, acting for Guy Prata, owner of 5853 & 5843 Summer Street, advised
of some of Mr. Prata's concerns. He believes that a 10 storey building would be out of
character for the area and could support something closer to 8 stories. Mr. Sinclair
indicated that he does not support the delivery/receiving area off Summer Street as in the
application but could support it now that it has been changed to Main Street. Finally, he has
concerns about the drainage from the applicant's property. He asked that Mr. Prata be
involved in the site plan process and that an engineer certify that the drainage would have
no adverse effect on the contiguous properties.
Sheila Hussey, 5692 Banker Avenue, advised that she is in full support of this
application. She believes it would be a benefit to the area and help with creating more
jobs.
Don Searle, 5827 Main Street, is in support of this application, he believes this is a
positive move for Niagara Falls and it would improve the neighbourhood.
Dr. Sarah Daniel, owner of 5668 Main Street, supports the application but has
concerns with the services /deliveries to the building, the reduction in the setbacks and her
preference of the application as a 6 -8 storey building. She inquired about road dedication
and it was explained that road widening only occurs at the time and location of
development
Peter Lesdow, architect for the project, advised that his client agrees and is in full
support of the planning report. Mr. Lesdow addressed some of the concerns: the developer
changed the location of deliveries, the pool would only abut 22 feet of neighbouring
properties, and a continuous 5 foot landscape strip has been accommodated for buffering.
He advised that the fencing and drainage concerns would be dealt with in the site plan
process but that a board on board fence in compliance with the by -law would be erected.
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Council Minutes
He also discussed the building height, he stressed that the height needed to be 10 stories
to accommodate all the amenities in the retirement home and that a two floor reduction
would actually eliminate 25% of the units.
Dr. Nick Vacarro, applicant, provided Council with a brief overview on the proposed
Renaissance Retirement Suites that will be specializing in lifestyle enhancement through
multidimensional functional restoration for young, middle age and older seniors. He
outlined some of the enhanced programs specializing in mental, emotional, physical and
social restoration. He advised of the on -site medical facilities that there will be in the
building including a chiropractor and cardiologist. He stressed the importance of having a
10 storey facility and showed various schematic drawings.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio
that the report be approved as recommended.
Councillor Diodati
Councillor loannoni
Councillor Maves
Councillor Thomson
Mayor Salci
NAYE
NAYE
NAPE
AYE
AYE
Councillor Fisher
Councillor Kerrio
Councillor Pietrangelo
Councillor Wing
MISCELLANEOUS PLANNING MATTERS
AYE
AYE
AYE
NAYE
Motion Carried
PD- 2008 -76 - Chief Administrative Officer - CB & FIG - 2008 -003 & RLP- 2008 -001,
Historic Drummondville CIP, Facade and Commercial Building Grant and
Residential Loan Applications, 5816 Main Street - 1549647 Ontario Limited (Vijay
Kapur). The report recommends that:
1. That Council approve the above noted applications for a Facade and Commercial
Building Improvement Grant in the amount of $20,000 and a Residential Loan of
$46,000 for a vacant commercial building subject to meeting the program
requirements including the entering into the necessary agreements with the City.
2. That if Council approves the applications, that the Mayor and Clerk be authorized
to execute the agreements.
PD- 2008 -77 - Chief Administrative Officer - CB & FIG - 2008 -004 & Historic
Drummondville CIP, Facade and Commercial Building Grant Application, 5824 Main
Street - 1549647 Ontario Limited (Vijay Kapur). The report recommends that:
1. That Council approve the above noted applications for a Facade and Commercial
Building Improvement Grant in the amount of $20,000 for a mixed use building
subject to meeting the program requirements including the entering into an
agreement with the City.
2. That if Council approves the application, that the Mayor and Clerk be authorized
to execute the grant agreement for the facade and commercial building
improvement.
PD- 2008 -79 - Chief Administrative Officer- CB & FIG - 2008 -005, Historic
Drummondville CIP, Facade and Commercial Building Grant Application, 5836 Main
Street - 15499647 Ontario Limited (Vijay Kapur). The report recommends that:
1. That Council approve the above noted applications for a Facade and Commercial
Building Improvement Grant in the amount of $20,000 and a vacant commercial
building subject to meeting the program requirements including the entering into
an agreement with the City.
2. That if Council approves the application, that the Mayor and Clerk be authorized
to execute the grant agreement for the facade and commercial building
improvement.
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Council Minutes
ORDERED on the motion of Councillor Wing, seconded by Councillor Thomson
that PD- 2008 -76, PD- 2008 -77 and PD- 2008 -79 be approved as recommended.
Carried Unanimously
PD- 2008 -81 - Chief Administrative Officer - 26CD -11- 2008 -05, Draft Plan of
Condominium ( Standard), 5727 Kalar Road (West Side), North of Lundy's Lane.
Applicant: Fallsview Homes Ltd. (Sergio Dosa). The report recommends that:
1. That the Plan of Condominium be draft approved subject to the conditions in the
attached Appendix.
2. 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.
3. That draft approval be given for three years, after which approval will lapse unless
an extension is requested by the developer and granted by Council.
4. That the Mayor and City Clerk be authorized to execute the condominium
agreement and any required documents to allow for the future registration of the
condominium when all matters are addressed to the satisfaction of the City
Solicitor.
PD- 2008 -82 - Chief Administrative Officer - 26CD -11- 2008 -06, Draft Plan of
Condominium (Standard), 2799 St. Paul Avenue (West Side), North of Riall Street,
Owner: Niagara Innovative Living Inc. (Mike Colaneri). The report recommends that:
1. That the Plan of Condominium be draft approved subject to the conditions in the
attached Appendix.
2. 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.
3. That draft approval be given for three years, after which approval will lapse unless
an extension is requested by the developer and granted by Council.
4. That the Mayor and City Clerk be authorized to execute the condominium
agreement and any required documents to allow for the future registration of the
condominium when all matters are addressed to the satisfaction of the City
Solicitor.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher
that PD- 2008 -81 & PD- 2008 -82 be approved as recommended.
Carried Unanimously
REPORTS
PARKS, RECREATION & CULTURE MATTERS
R- 2008 -29 - Chief Administrative Officer- Bob Gale Complex Award of Tender. The
report recommends that:
1. That Council approve the award of the construction of the Bob Gale Complex to
Aquicon Construction Co. Ltd. for the tender price of $29,366,000.00 plus GST.
2. That Council approve the cost of the construction of the North parking lot and
award to Aquicon Construction Co. Ltd. for the quoted alternate price of
$836,837.00 plus GST.
3. That Council approve the inclusion of the site servicing costs for Fourth Avenue,
estimated at $627,000 in the arena construction budget.
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4. That the Mayor and City Clerk be authorized to execute the necessary agreement
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Pietrangelo that the report be approved as recommended.
Carried Unanimously
CAO- 2008 -03 - Chief Administrative Officer - Bob Gale Complex, Donation and
Recreation Fund Agreements. The report recommends that:
1. That Council approve the agreement between the Corporation of the City of
Niagara Falls and Gale's Gas Bars Limited, setting out the terms of the
$1,000,0000 donation toward the capital costs of the new four pad recreation
complex (Bob Gale Complex), and the $250,000 contribution to establish the Bob
Gale Recreation Fund, and that the Mayor and Clerk be authorized to execute
such an agreement;
2. That Council approve an agreement between the Corporation of the City of Niagara
Falls and the Niagara Community Foundation to establish the Bob Gale Recreation
Fund as an endowment fund to be held by the Foundation in perpetuity, and that
the Mayor and Clerk be authorized to execute such an agreement; and further
3. That Council appoint a member to serve on the Bob Gale Recreation Fund
Committee.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing
that the report be approved and Councillor loannoni be appointed as the Council
representative.
Carried Unanimously
ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson
that Communication #3 be moved up and dealt with at this time.
Carried Unanimously
Greater Niagara General Hospital Foundation - requesting use of the tree on the
Stamford Green as the "Memory Tree" for their initiative.
RECOMMENDATION: For the approval of Council subject to endorsement of the
Stamford Green Trustees.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson
that the request be approved.
Carried Unanimously
MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Salci expressed condolences to Cathy Slee, a city employee, on the recent
passing of her brother, David Slee and to the family of William (Bill) Black, who was a
long -time business person and volunteer in the community.
Mayor Salci provided information regarding a meeting between Niagara Mayors
and Dr. Jack Kitts, the doctor and consultant whose team is reviewing the Niagara Health
System Plan. He advised that the Mayors were pleased to meet with Dr. Kitts and team
and discuss and shared points made by the residents of Niagara Falls.
Mayor Salci advised of some recent events: the AMO conference took place the
last week of August, the attending Council members met with Minister Smitherman on the
2- casino issue, the OLGC assessment appeal and the 1812 Legacy Project at the Lundy's
Lane Historical Museum. $ 3.9 million for Niagara Falls for new infrastructure projects was
announced and the "Build Canada Fund" was executed by both the provincial and federal
Ministers. The governments committed $392 million for additional infrastructure funding.
The past weekend was the Celebrate Old Downtown " Days of Elvis ".
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
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Mayor Salci advised of some upcoming events: The Third Canada - US Brownfield
Summit, the United Way Campaign is kicking off with Fall luncheons beginning on
September 17 at the House of Comedy, Alzheimer Society, September 18 is National
Coffee Break Day, the ribbon cutting for the new artificial Turf Field at the Kalar Road
Sports Park on Saturday September 20 at 11:00 a.m. and also the Parade of the
Unknown Solider will take place on Sunday, September 21' at 10:00 a.m. at the Fairview
Cemetery.
1. IHOP - memo from the Chief Building Official recommending minor variance on
two sign applications
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Fisher that
the request be approved as recommended.
Carried Unanimously
2. Don Ede - requesting a crosswalk from Cummington Square to the Royal Bank in
Chippawa.
RECOMMENDATION: Refer to staff.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that
the communication be referred as recommended.
Carried Unanimously
Royal Canadian Legion Week - Requesting that the week of September 21' to
27 2008 be proclaimed as "Legion Week" and that a flag raising be held on
Sunday, September 21S 2008 at 10:00 a.m.
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Councillor Fisher, seconded by Councillor Thomson
that the request be approved as recommended.
Carried Unanimously
4. Canadian Kennel Club - requesting that the week of September 20 - 27 2008
be declared "National Responsible Dog Ownership Day" (RDOG Day).
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that
the request be approved as recommended.
Carried Unanimously
REPORTS
PROPERTY MATTERS
L- 2008 -32 - Chief Administrative Officer - Declare Surplus Lot 217, Plan 997. The
report recommends that Lot 217 on Plan 997; in the City of Niagara Falls ( "subject lands "),
be declared surplus.
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Pietrangelo that the report be approved as recommended.
Carried Unanimously
FINANCE MATTERS
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F- 2008 -28 - Chief Administrative Officer - 2007 Reserves and Reserve Funds. It is
recommended that Council review and approve the 2007 transfers to reserves and
reserve funds.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves
that the report be approved as recommended.
Motion Carried with Councillors loannoni and Wing opposed.
F- 2008 -29 - Chief Administrative Officer - 2007 Development Charges. It is
recommended that Council receive and file the attached financial statements regarding
Development Charges for the 2007 fiscal year.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves
that the report be approved as recommended.
Motion Carried with Councillors loannoni and Wing opposed.
F- 2008 -30 -Chief Administrative Officer - 2007 Capital Accounts Report. It is
recommended for the information of Council.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves
that the report be approved as recommended.
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 September 8, 2008 be
approved. Carried Unanimously
1. The minutes of the August 18, 2008 meeting be approved.
FS- 2008 -35
Building and Planning Fees Review
1. That Committee recommend the report and consultant's presentation for
information.
2. That the Chief Building Official be directed to hold public meetings as
required by Bill 124 so as to increase building permit fees effective January
1, 2009.
3. That staff be directed to hold public consultation meetings with the public
including the development community and to provide Council with
recommendations for the establishment of new planning and engineering
fees effective January 1, 2009.
3. R- 2008 -30
Fees for the New Artificial Turf Sports Field at Kalar Park `Home for Niagara United
Soccer Club'
1. That the fees for the artificial multi - purpose sport field for the period
September 8, 2008 to April 31, 2009 be approved.
2. That all net revenues generated from the rental of the field (excluding
lighting fees) to other users in the years 2008, 2009, 2010 and 2011 be
dedicated to and applied entirely to the project costs of the field and reduce
each party's contribution equally.
4. R- 2008 -27
Review of Request - Ban of Plastic Bags
1. That the City of Niagara Falls play a leadership role in educating and
encouraging all businesses, retailers, and residents to significantly reduce
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Council Minutes
and strive to eliminate their use of plastic bags.
That an educational campaign and implementation strategy be developed
through the Park In the City Committee, and the recommended educational
campaign and implementation strategy which would include the budgetary
requirements be outlined in a future report to Council.
TS- 2008 -44
Request for Extension - Kiwanis Agreement
1. That the request to extend the existing agreement a further five years (2010
to 2015), be approved; and,
2. That the City dedicate up to $6,000.00 for concrete pad installations, to
facilitate the installation the Kiwanis benches, at mutually agreed upon
transit stops.
6. That the two trees in the vicinity of 5701 Prince Edward Avenue be removed by
City forces.
7. That the police be requested to provide enforcement on Preakness Street due to
speeding concerns.
That staff review the corner parking restriction at the corner of Culp Street and
Orchard Avenue.
RATIFICATION OF "IN CAMERA" RECOMMENDATIONS
ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati
that the actions taken in the " In Camera " meeting on September 8, 2008 be approved.
1. That staff be directed to hire an executive search firm to assist with the recruitment
of a new CAO and that the search will recruit candidates both internally and
externally for the City of Niagara Falls.
ORDERED on the motion of Councillor Mayes, seconded by Councillor Pietrangelo
that the meeting proceed past 11:00 p.m.
Carried Unanimously
CONSENT AGENDA
THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE
MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS
CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL
SAVE TIME.
PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR
MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE
CONSIDERED SEPARATELY.
F- 2008 -36 - Municipal Accounts. It is recommended that Council approve the municipal
accounts totaling $24,399,525.09 for the period July 31, 2008 to August 20,2008.
L- 2008 -30 - Release of Agreements, 6780 Buckingham Street. It is recommended that
the release of four Agreements registered on title to Lot 111, Plan M -61 ( "subject lands "),
is hereby approved and authorized.
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Council Minutes
MW- 2008 -54 - Contract 2008 - 213 -08 Erosion Control. It is recommended that the Unit
prices submitted by Stevensville Lawn Service be accepted; and that the Mayor and City
Clerk be authorized to execute the necessary agreement.
R- 2008 -28 - 2008 Arts & Culture Wall of Fame Inductees. It is recommended that
Council approve the 2008 Arts & Culture Wall of Fame Inductees.
ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni
that the reports be approved as recommended.
Carried Unanimously
BY -LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati
that the by -laws be given a first reading.
Carried Unanimously
2008 -147 A by -law to amend By -law No. 79 -200, to recognize an existirig apartment
dwelling on the property. (AM- 2008 -005)
2008 -148 A by -law to amend By -law No. 79 -200, to introduce new definitions,
regulatory provisions, and uses. (AM- 2008 -016)
2008 -149 A by -law to amend By -law No.89 -2000, being a by -law to regulate parking
and traffic on City Roads. (Parking Prohibited, Stopping Prohibited,
Drummond Road)
2008 -150 A by -law to establish Block 46, Plan 59M -340 as a public highway, to be
known as and to form part of St. Michael Avenue.
2008 -151 A by -law to establish part Township Block 80, Plan 59M -370 as a public
highway, to be known as and to form part of Garner Road.
2008 -152 A by -law to authorize the execution of a Condominium Conversion
Agreement with 6390 Huggins Apartments Inc., with respect to the lands
described as Parcel 61 -3 Section 59- Stamford, Part Township Lot 61
Stamford being Parts 1, 2, 3 on Reference Plan 59R -9980 except Parts 5
& 6 on Reference Plan 59R- 13568; s/t Part 2 on 59R -9980 as in LT120621;
t/w Part 2 on 59R -9979 as in LT120620; t/w easement over Parts 18, 20 &
21 on 59R -13568 as in SN216225; t/w easement over Parts 20, 26, 28 & 29
on 59R -13568 as in SN216225, s/t easement over Parts 11, 12, 16 & 17 on
59R -13568 for the benefit of Part Township Lot 61 being Parts 5 & 6 on
59R -13568 & Parts 1 & 2 on 59R -9979 except Parts 22, 23 & 24 on 59R-
13568 as in SN216224, s/t easement over Pts 8, 9 & 11 on 59R -13568 for
the benefit of Part Township Lot 61 being Parts 5 & 6 on 59R -13568 & Parts
1 & 2 on 59R -9979 except Parts 22, 23 & 24 on 59R -13568 as in
SN216224, s/t easement over Parts 3 & 15 on 59R -13568 for the benefit of
Part Township Lot 61 being Parts 5 & 6 on 59R -13568 & Parts 1 & 2 on
59R -9979 except Parts 22, 23 & 24 on 59R -13568 as in SN216224. Parcel
61 -2 Section 59- Stamford, Part Township Lot 61 Stamford being Parts 22
& 23 on 59R - 13568, t/w easement over Parts 18, 20 & 21 on 59R -13568 as
in SN216225 t/w easement over Parts 20, 26, 28 & 29 on 59R -13568 as in
SN216225. Parcel 61 -2 Section -59 Stamford, Part Township Lot 61
Stamford, being Part 24 on 59R - 13568, t/w easement over Parts 18, 20 &
21 on 59R -13568 as in SM16225, t/w easement over Parts 20, 26, 28 & 29
on 59R -13568 as in SN216225; all in the City of Niagara Falls, in the
Regional Municipality of Niagara.
2008 -153 A by -law to establish Parts 8 and 9 on Reference Plan 59R -13509 as a
public highway, to be known as and to form part of Garner Road.
2008 -154 A by -law to establish Part 10 on Reference Plan 59R -13509 as a public
highway, to be known as and to form part of McGarry Drive.
2008 -155 A by -law to establish Part 1 on Reference Plan 59R -13060 as a public
highway, to be known as and to form part of Dorchester Road.
2008 -156 A by -law to establish Part of Range 18, Plan 1, Stamford, designated as
Part 1 on Reference Plan 59R -13755 as a public highway, to be known as
and to form part of Murray Street.
2008 -157 A by -law to declare Lot 217, Plan 997; in the City of Niagara Falls, in the
Regional Municipality of Niagara, surplus.
2008 -158 A by -law to authorize Application General(s) to amend the register to
release four Agreements registered as Instrument Numbers LT7425,
LT10949, LT12185 and LT21657.
2008 -159 A by -law to authorize the payment of $24,399,525.09 for General Purposes.
2008 -160 A by -law to adopt, ratify and confirm the actions of City Council at its
meeting held on the 8` day of September, 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.
Complaint Process
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Wing
that staff bring back a report on the grass cutting complaint process.
Carried Unanimously
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Council Minutes
NEW BUSINESS
ORDERED on the motion of Councillor Mayes, seconded by Councillor Kerrio that
the meeting be adjourned at 11:10 p.m.
Carried Unanimously
Carried Unanimously
DEAN IORFIP'A, CITY CLERK R.T. (TED) SALCI, MAYOR