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2008/11/03ft NINETEENTH MEETING IN CAMERA MEETING Council met on Monday, November 3, 2008 at 5:30 p.m. in an In Camera Session. All members of Council except Councillor loannoni, who was attending a Council - approved conference, were present. Councillor Fisher presided as Chairman. Following consideration of the items presented, the In Camera Session did rise and report in open session. DE N ORFIDAJCITY' CLERK R.T. (TED) SALCI, MAYOR REGULAR COUNCIL MEETING Committee Room 2 November 3, 2008 ( 777:-C.S 7 4-41/4: Council met on Monday, November 3, 2008 at 7:10 p.m. for the purpose of considering Regular Business matters. All members of Council except Councillor loannoni were present. Councillor Maves offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Councillor Kerrio seconded by Councillor Maves that the minutes of October 6, 2008 be approved, as amended. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Pietrangelo indicated a conflict to report PD- 2008 -99 as a member of his family owns property in that area. Councillor Wing indicated a conflict under Corporate Services related to the Niagara Falls Board of Museums as her spouse is employed with the Museums. Mayor Salci indicated a pecuniary interest to cheque no. 322932 made payable to himself. Councillor Kerrio indicated a conflict with MW- 2008 -62 as he owns property in the vicinity. * * * ** DEPUTATIONS /PRESENTATIONS Municipal Property Assessment Corporation (MPAC) Penny Christie, Municipal Relations Representative, provided Council with a brief update on the recent legislative changes including the introduction of a four -year assessment update cycle and a phase -in of assessment increases. Background Zoning - 2 - November 3, 2008 Council Minutes PLANNING MATTERS PD- 2008 -95 - AM- 2008 -031, Zoning By -law Amendment Application, 5950 Victoria Avenue and 5956 Clark Avenue, Applicant: Niagara 21 Group Inc. ( Cosmo Menechella), Agent: Rocco Vacca, Sullivan Mahoney, Proposed 6 storey Hotel. The Director of Planning and Development reviewed the recommendations and provided the following information: The applicant has requested an amendment to the Zoning By -law for two parcels of land totaling 2 ha (4.94 ac) in area. The amendment is to permit the construction of a 6 storey, 124 unit hotel on the property and to permit the retention of the zoning for the existing 10 storey Marriott Courtyard Hotel and a proposed 30 storey hotel. The land is currently zoned TC with a site specific provision to permit the existing 10 storey hotel and the development of the 30 storey hotel and neither hotel is required to have meeting rooms or restaurants nor provide parking for such uses. In 2007, Council extended this site specific zoning to include 5956 Clark Ave. The applicant is requesting the site specific zoning be amended to permit the 6 storey hotel and exclude a restaurant and meeting rooms within the hotel. In addition, the applicant requests the standard TC zone provisions be reinstated to allow a maximum lot coverage of 70% and maximum building height of 12 m (39.4 ft) be reinstated over the entire site. Zoning to permit part or all of the required parking for uses on the site to be provided on the parking lot located at 5896 — 6046 Dunn St. will be retained. Planning Analysis Official Plan The lands are designated Tourist Commercial in the OP within the Fallsview subdistrict. The Fallsview subdistrict is the primary location for large scale accommodations, entertainment, retail and cultural attractions. Developments over 4 storeys are to be subject to a set of built form guidelines. These guidelines call for hotels to be developed with podiums built along adjacent streets to create a street presence, and a reduction in the building mass above the 4th storey to mitigate wind effects and ensure proper gaps between buildings are provided. This proposal conforms with the OP as follows: The hotel is considered to be low rise and as such, is permitted in the Fallsview subdistrict. The site of the proposed hotel abuts lands identified for a Grand Boulevard. There is an opportunity to place restaurants and stores on the ground floor of the hotel in the future to provide a street presence along the Grand Boulevard when it is built. The height of the proposed hotel will be about 18 -20 m (59 to 66 ft) to the top of the 6 storey, plus a roof feature to add a distinct and interesting feature to the Niagara Falls skyline. The proposed hotel is only slightly taller than the 15m limit for low rise buildings and still meets the intent of the design guidelines. The lands are zoned Tourist Commercial with site specific provisions which permit a 10 - 3 - November 3, 2008 Council Minutes storey and a 30 storey hotel. This site specific zoning is requested to be amended to permit the proposed additional hotel. The requested amendment is appropriate as follows: • The proposed height (26 m (85 ft) is in keeping with the applicable design guidelines. The top 6 m (19.7 ft) is to be developed as a roof feature to improve the appearance of the hotel. • The proposal is for a hotel that does not include a full restaurant or meeting facilities. This is similar to the other two hotels approved on the site. Given the nature of the hotel and the fact that restaurants are provided elsewhere on the subject lands and adjacent lands, this request is acceptable. • A minor reduction in the rear yard depth from 3 m (9.7 ft) to 0 m (0 ft) is requested to accommodate the siting of the proposed hotel. Only a corner of the hotel needs relief from this provision. • The applicant is requesting the typical TC zone provisions that allow 70% of the site to be developed with buildings up to 12 m (39.4 ft) in height be reinstated for the balance of the lands. This will allow a remnant portion of the site to be developed with buildings and structures and allow them to have frontages onto Clark Avenue, Victoria Ave and the future Grand Boulevard. Section 37 Benefits All projects above 4 storeys are required to contribute to streetscape improvements. The applicant has entered into a Section 37 agreement that requires the applicant to contribute to streetscape improvements for the Victoria Ave, Clark Ave and Grand Boulevard frontages of the property. It is recommended that the agreement be revised to incorporate the construction of the proposed 6 storey hotel, prior to the execution of a site plan agreement. Site Plan Control The proposed hotel will be subject to site plan approval and a site plan agreement through which matters of traffic circulation, servicing and grading, landscaping, lighting and waste disposal will be addressed. The proposed design of the site incorporates 3 different hotels that provide up to 660 rooms. It is anticipated that the valet service to offsite lots will ultimately generate a considerable amount of traffic. There is also expected to be a considerable amount of pedestrian traffic which will require sidewalks and crosswalks. Staff will review on -site circulation at the site plan stage to see if improvements can be made. A traffic study incorporating this proposed hotel will need to be completed prior to the execution of the site plan agreement. Conclusion The Zoning By -law amendment application to permit an additional 6 storey hotel on the property, along with reinstating certain Tourist Commercial (TC) standards on the site can be supported for the following reasons: • The proposed height of 6 storeys is within the height strategy for the area. • The hotel generally complies with the built form guidelines for such development and provides a presence on the future Grand Boulevard. • The reinstatement of the typical TC zone lot coverage and building height standards for the property will reflect development rights of surrounding properties. It is recommended the Section 37 agreement applicable to the property be adjusted to incorporate the new hotel. Recommendation That Council approve the Zoning By -law amendment application to amend the site specific zoning applicable to the subject land to permit a 6- storey hotel in addition to the two hotels already approved and to reinstate the standards of the Tourist Commercial (TC) zone. The Public Meeting was Closed. - 4 - November 3, 2008 Council Minutes That Council pass the amending by -law appearing in tonight's agenda to implement the amendments. Rocco Vacca, Sullivan Mahoney, representing the applicant, advised that they agree with the staff report and asked for Council's support. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the report be approved as recommended. Carried Unanimously PD- 2008 -93 - AM-2008-026, Zoning By- IawAmendmentApplication, 6005 Drummond Road , Applicant: Vijay Kapur, Agent: Wagar K. Baig, Proposed Duplex Dwelling. The Director of Planning and Development reviewed the recommendations and provided the following information: Background Application is to amend the zoning bylaw from Transitional Residential Multiple (TRM) to Residential Single Family and Two Family zone (R2) with a site specific provision for lot frontage. Council approved a zoning by -law amendment application in 2006 to permit the dwelling on the lands to be used as a cottage rental dwelling. The dwelling has since been demolished. Planning Analysis Official Plan The property is designated Residential which is the intended predominant use. The proposal conforms with the Official Plan policy because it is located on an arterial road and is in close proximity to commercial facilities, schools and parks. It would be suitable for redevelopment for low density townhousing and apartments, if sufficient land could be assembled. As land assembly is not currently an option, constructing a semi - detached dwelling is a reasonable alternative. The proposed semi - detached dwelling would be compatible in appearance, massing and setback with the surrounding single detached and converted dwellings. Zoning Currently zoned Transition Residential Multiple (TRM), which is a holding zone that permits existing uses to continue until appropriate forms of residential intensification are approved. The requested site specific R2 zone will provide for a dwelling that is compatible with surrounding dwelling. The proposed semi - detached use complies with the standards and setbacks for the requested R2 zone except for lot frontage. A reduced lot frontage for two units is acceptable since Council had previously given approval in principle to an intensified use of the subject property as a cottage rental dwelling. The applicant has indicated he is no longer interested in operating a cottage rental dwelling on the subject lands. - 5 - November 3, 2008 Council Minutes When a by -law to implement Council's earlier decision is presented to Council for passage, the subject land will be omitted from that by -law. Conclusion The proposed semi - detached dwelling complies with the Official Plan with respect to the location of multiple unit dwellings and is compatible with surrounding dwellings, therefore, the Zoning By -law amendment application to permit this dwelling can be supported. Recommendation That Council approve the Zoning Bylaw amendment application to rezone the land to a site specific Residential Single Family and Two Family (R2) zone to permit a duplex dwelling on the lands subject to the standards recommended in this report. Wagar Baig, agent for the applicant, is pleased with the staff report. He advised that the garage would be shared by the tenants with the entrance door at the side of the building next to the garage. ORDERED on the motion of Councillor Thomson, seconded by Councillor Diodati that the report be approved as recommended. Carried Unanimously PD- 2008 -97 - 26T -11- 2001 -04 ( Revised ), Public Meeting, Miller Road Estates (South) Draft Plan of Subdivision, Miller Road ( South Side), West of Niagara River Parkway, Owners: FKS The Real Estate People Inc. ( Brian Sinclair) & 1162641 Ontario Limited (Kathy Dudla) Brian Sinclair, agent for the applicant, indicated that they are proposing to divide approx 37 acres into 12 estate- sized lots for single- detached dwellings and a block of land for stormwater management. He is aware of the current overflow of water and advised that with the plan, graded accordingly, will lessen the overflow. Although staff have suggested that Block 13 may not be required, he believes it is necessary to have for storm water. Mr. Sinclair is prepared to work with staff and the neighbour to try and elevate the problems. Darryl Selman, 2505 Miller Road, advised Council that the residents in the area are plagued with drainage/ flooding problems with only modest rainfall. He believes that the cause is the culverts and primarily the one under the Niagara Parkway is inadequate to handle the flow. He indicated that the ditches were excavated this past year, the culvert replaced, leaves removed and still there were tremendous floods. Mr. Selman understands the benefits of the development and welcomes it to the area but recommends that Miller Road storm water drainage be dealt with first. Andy Morellato, 2482 Miller Road, expressed concern with the drainage problems on Miller Road. He advised that a letter was sent to the City and Niagara Parks Commission in 2004 and residents were advised by the Niagara Parks Commission that they would cooperate with the City to do the culvert under the Parkway. ORDERED on the motion of Councillor Fisher, seconded by Councillor Thomson that the report be approved as recommended. Carried Unanimously PD- 2008 -98 - 26CD -11- 2008 -07, Draft Plan of Condominium ( Conversion), 7591 Scholfield Road ( South Side ), East of Mewburn Road, Owner: Panoramic Properties Inc. ( Angelo Butera ) The Director of Planning and Development reviewed the recommendations and provided the following information: Background - 6 - November 3, 2008 Council Minutes Applicant proposes to convert the existing 30 unit rental townhouse development to a condominium. The plan of condominium subdivision would permit the individual ownership of each unit while the common areas (such as driveways, visitor parking and open space) would be shared by the condominium corporation. Municipal Rental Housing Policies The City's OP states that rental accommodation shall be protected and discourages the conversion of rental units to condominiums when the vacancy rate is below 3 %. The most current vacancy rate information available from Canada Mortgage and Housing Corporation is from the survey conducted in October 2007. The data indicates a vacancy rate of 6.9% for all surveyed townhouse units in Niagara Falls. The CMHC figures exceed the OP threshold of 3% and this rate has increased over the total City rate of 4.7% for townhouses in 2006. Public Meeting There are no public meeting or notification requirements for condominium conversion applications under the Planning Act. However, in accordance with City procedures, staff provided notice of this Council meeting to the tenants of the units for information and as a courtesy. The owner has also advised that information was provided to the tenants regarding the proposed condominium conversion. Recommendation It is recommended that the Plan of Condominium be draft approved subject to the standard conditions set out in Planning Report PD- 2008 -98. Jennifer Ricci, representing the applicant, informed Council that Panoramic Properties Inc. is an organization that owns apartment and condominium complexes across the province. The intention of the applicant is to create a triple A property. By converting it into a condominium complex ongoing maintenance, underthe Condominium Corporation Act, will be ensured. Ms. Ricci advised that the applicant had no intention of selling to third parties at this time. ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves that report be approved as recommended. Carried Unanimously MISCELLANEOUS PLANNING MATTERS PD- 2008 -89 - Chief Administrative Officer - Revised Infrastructure and Streetscaping Improvement Program within the Historical Drummondville CIP Area. The report recommends that the Committee support the revised infrastructure and streetscape improvement program for the Historical Drummondville CIP area and that the proposed budget be referred to capital budget for discussion. ORDERED on the motion of Councillor Wing, seconded by Councillor Pietrangelo that the report be approved as recommended. Carried Unanimously - 7 - November 3, 2008 Council Minutes PD- 2008 -96 - Chief Administrative Officer - CB & FIG - 22008 -018, Revised Facade & Commercial Building Improvement Grant Application - 4675 Queen Street, Dominic Mustiano, UFCW - Local 102 The report recommends that: 1. Council approve a revised application for a Facade Improvement and Commercial Building Grant for a total of $20,000 subject to meeting the program requirements including the entering into an agreement with the City; and 2. That if Council approves the revised application, that the Mayor and Clerk be authorized to execute the grant agreement for the facade and commercial building improvement. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the report be approved as recommended. Carried Unanimously PD- 2008 -92 - Chief Administrative Officer - Review of Off -Site Parking for Hotels within the City's Tourist Areas. The report recommends that Council receive this report for information. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the report be approved as recommended. Carried Unanimously PD- 2008 -94 - Chief Administrative Officer - Preconsultation on Certain Applications Under the Planning Act The report recommends that Council approve the preconsultation by -law on this evening's agenda. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that the report be approved as recommended. Carried Unanimously PD- 2008 -99 - Chief Administrative Officer - Appeal of Committee of Adjustment Decision Consent Application B- 2008 -050, Applicant: Joe Kekic ( Agent: Brian Sinclair) Ort Road /Reixinger Road The report recommends that Council authorize staff to file an appeal to the Ontario Municipal Board regarding the decision of the Committee of Adjustment to grant Consent Application B- 2008 -050 which does not comply with the Niagara Falls Official Plan, the Regional Niagara Policy Plan nor the Provincial Policy Statement. ORDERED on the motion of Councillor Wing, seconded by Thomson that the report be approved as recommended. Carried Unanimously with Councillor Pietrangelo declaring a conflict. MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci extended condolences to Jim Windjack, a city employee, on the passing of his father, to Velvia White, arena employee, on the loss of her mother, Elvira White, and to the family of the late Rose Morse who was a long -time city employee. Mayor Salci advised of some recent events: the Local Health Integration Network, (LHIN) hosted their Public Board meeting in our Council Chambers, the official opening of the new Forestview Public School, the Volunteer Recognition Awards Evening , an awards ceremony for the Schools In Bloom Competition, the Annual Arts & Culture Wall of Fame Induction Ceremony and the Chippawa Remembrance Day Ceremony. - 8 - November 3, 2008 Council Minutes Mayor Salci advised of some upcoming events: the annual Remembrance Day Ceremony Ceremony at the Niagara Falls Arena, the kick -off of the Winter Festival of Lights, the annual Memorial Matthew Daniele Fundraiser and the 1812 Bi- Centennial Gala. Mayor Salci took a moment to thank John MacDonald, CAO, who has retired and completed his 30 -year career with the City. He advised that during the hiring process for a new CAO, Directors Ed Dujlovic and Ken Burden will perform the duties of Acting CAO on a rotating basis. ORDERED on the motion of Councillor Wing, seconded by Councillor Diodati that the Province dismantle the NHS and appoint a Provincial supervisor; and that Council supports the endorsed ad hoc committee to continue its efforts; and that Council reconfirms its position, held since 2002, for a centrally located "super" hospital. Carried Unanimously COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Michael Agrette - Requesting use of the Niagara Falls Arena on February 15 for charity hockey game. RECOMMENDATION: That staff work with the requester on an alternate date. *The communication was dealt with through Community Services Committee. 2. Municipal Engineers Association - Requesting a grant to offset the fees for the ice time and bus rental. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Maves, seconded by Councillor Diodati that the request be approved. Carried Unanimously 3. Optimist Club of Niagara Falls - Requesting that the week of November 16 - 22, 2008 be proclaimed as " Youth Appreciation Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the request be approved. Carried Unanimously 4. Winter Festival of Lights - Requesting approval for fireworks display in association with this year's festival. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the request be approved. Carried Unanimously 5. City of Kingston - Requesting support to petition the Province to increase the "heads and beds" levy (s. 323 of the Municipal Act). RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the request be approved. Carried Unanimously - 9 - November 3, 2008 Council Minutes 6. Ontario Federation of Labour (OFL) - Requesting November 6, 2008 be proclaimed as Community Social Service Workers Appreciation Day RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the request be approved. Carried Unanimously 7. Salvation Army - Requesting a flag raising on November 21s for Salvation Army Day. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the request be approved. Carried Unanimously 8. Teachers of English as a Second Language Assoc. Of Ontario - Requesting that the week of November 9 -15, 2008 be proclaimed as English as a Second Language Week. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Kerrio, seconded by Councillor Thomson that the request be approved. Carried Unanimously 9. Geoffrey R. Chapman - Requesting a review of the parking permit system in Parking Area #13 (Main Street, between Robinson and Murray) RECOMMENDATION: Refer to staff. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the matter be referred to staff. Carried Unanimously 10. Ronald Herkimer - Requesting relocation of two City parking terminals. RECOMMENDATION: Refer to staff. ORDERED on the motion of Councillor Mayes, seconded by Councillor Thomson that the matter be referred to staff. Carried Unanimously 11. Downtown BIA - Requesting the use of Centennial Square and that staff provide certain in kind services. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that the request be approved and the funds needed be taken out of the Downtown CIP. Carried Unanimously REPORTS PROPERTY /CORPORATE SERVICES MATTERS L- 2008 -38 - Declare Surplus and Offer for Sale Multiple City - Owned Lands. It is recommended that the lands set out herein be declared surplus and offered for sale at a later date. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the report be approved as recommended. Carried Unanimously with Councillor Kerrio declaring a conflict with Councillor Kerrio opposed. - 10 - November 3, 2008 Council Minutes L- 2008 -39 - Reilly Street Road End. It is recommended that the City retain the subject lands; or, in the alternative; and That if Council elects to dispose of the Reilly Street Road end at this time, the City offer the property for sale to the highest bidder. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that Mr. Jay Mason be permitted to speak. Carried Unanimously Jay Mason, representing John Bevan and Chair of the Chippawa Dock Owners' Association, felt that a lease, similar to the other street ends, should be entered into. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the City enter into a lease with Mr. Bevan regarding the subject lands. Motion Carried with Councillors Wing and Diodati opposed. L- 2008 -40 - Niagara Falls Memorial Arena, Proposed purchase by Canadian Niagara Hotels Inc. It is recommended that the correspondence from Canadian Niagara Hotels Inc. Dated September 17, 2008, a copy of which is attached hereto as Appendix "1 ", be received; and that the Niagara Falls Memorial Arena site be sold by a public tender process; and that Canadian Niagara Hotels Inc. be invited to participate as a bidder in the public tender process, in the same manner as any other bidder. ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that the report be approved as recommended. Carried Unanimously MW- 2008 -62 - Dixon Street Road Closure and Cul -de -Sac Project. It is recommended that Dixon Street ( Cleveland Avenue to Level Avenue) and a portion of Cleveland Avenue (Dixon Street to approximately 60 meters south) be permanently closed and declared surplus; and that staff be authorized to enter into negotiations for the sale of these lands at a future date; and further that the proceeds from the sale of these lands be used cover any shortfall in funding for the design and construction of the permanent cul -de -sac road configurations as set out in this report. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that Ed Lustig be permitted to speak. Carried Unanimously Ed Lustig, Broderick & Partners, representing the applicant, advised that they agree with the staff report and asked that Council support the recommendations. ORDERED on the motion of Councillor Wing, seconded by Councillor Thomson that the report be approved as recommended. Carried Unanimously CD- 2008 -12 - Council Remuneration. It is recommended for the information of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that the Council approve that the Council's wages be tied to the recent CUPE wage increase and staff report back on methods for Senior staff and Council remuneration. Motion Carried - 11 - November 3, 2008 Council Minutes RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS ORDERED on the motion of Councillor Mayes, seconded by Councillor Pietrangelo that the recommendations from the Community Services Committee, on November 3, 2008 be approved. Carried Unanimously 1. The minutes of the October 6, 2008 meeting be approved. 2. TS- 2008 -49 Transit Strategic Business Plan Draft Executive Summary Report Phase 1, 2 and 3 That the recommendations outlined in the Niagara Transit Needs, Opportunities, Vision and Policy Options - Draft Executive Summary Report - Phases 1, 2, and 3 be adopted by Council. 3. TS- 2008 -27 Kalar Road and McLeod Road - Parking & Traffic By -laws That Council approve the report with the exception of the section south of Kate Durden/ Loretto, on the west side and that staff investigate accommodation of on- street parking in that section. 1. That various parking, stopping and standing prohibitions be installed upon completion of road reconstruction on Kalar Road (from a point 205 metres south of McLeod Road to McLeod Road and from Kate S. Durdan/ Loretto to a point 140 metres north of Forestview Boulevard /Rideau Street) and McLeod Road (from a point 325 metres west of Kalar Road to a point 250 metres east of Kalar Road); 2. That a "no stopping" restriction be posted on both sides of Rideau Street from Kalar Road to a point 38 metres east of Kalar Road; 3. That the legal speed limit on McLeod Road between Montrose Road and Parkside Road be reduced from 60 km /h to 50 km /h; 4. That Parking and Traffic By -law 89 -2000 be updated to remove the stop sign references upon installation of the traffic signals at: • Kalar Road and Forestview Boulevard /Rideau Street; • Kalar Road and Coventry Road; and, • Kalar Road and McLeod Road. 4. TS- 2008 -54 Weinbrenner Road - Parking Review 1. That a "no parking" restriction be installed on the north side of Weinbrenner Road from a point 40 metres east of Campbell Avenue to a point 40 metres west of Campbell Avenue, and; 2. That a "no parking" restriction be installed on the south side of Weinbrenner Road between a point 32 metres east of Campbell Avenue and a point 30 metres west of Campbell Avenue. 5. TS- 2008 -55 Carlton Avenue - Disabled Parking That two (2) disabled parking spaces be provided on the west side of Carlton Avenue from a point 28 metres north of Culp Street to a point 40 metres north of Culp Street. 7. That staff work with Mr. Agrette about booking ice time in April for his event. Failing that, staff look into the suggested dates in January or February. RATIFICATION OF CORPORATE SERVICES COMMITTEE MATTERS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the recommendations from the Corporate Services Committee, on November 3, 2008 be approved. Carried Unanimously 1. That the minutes of the October 6, 2008 meeting be adopted as recorded. 2. That the 2009 Funding Requests from the following agencies be referred to final budget deliberations: Niagara Falls Public Library GNGH Foundation Niagara Falls Board of Museums Women's Place of South Niagara YWCA Niagara Region 3. That the financial submissions from the following agencies be received for information and be referred to final budget deliberations: Winter Festival of Lights Niagara Chair -A -Van St. John's Ambulance Project SHARE 4. F- 2008 -42 2007 Municipal Performance Measures 1. That the report be received for information 2. That staff post the information on the City's website. RATIFICATION OF "IN CAMERA" RECOMMENDATIONS - 12 - November 3, 2008 Council Minutes ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the recommendations from the " In Camera " meeting on November 3, 2008 be approved. 1. That Council approve the Agreements of Purchase and Sale to abutting landowners for portions of the laneway between McGrail Avenue and Ellen Avenue and that the Mayor and Clerk be authorized to execute the Agreements of Purchase and Sale. Carried Unanimously RATIFICATION OF "HUMAN RESOURCES" RECOMMENDATIONS After a series of interviews with the short- listed firms, the Human Resource Committee recommends that Council appoint Margaret Campbell and the firm of Ray and Berndtson for the executive search assignment for the new Chief Administrative Officer. ORDERED on the motion of Councillor Fisher, seconded by Councillor Pietrangelo that the recommendation of the HR Committee be approved. Carried Unanimously - 13 - November 3, 2008 Council Minutes CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F- 2008 -43 - Cancellation, Reduction or Refund of Taxes. It is recommended that the cancellation, reduction or refund of taxes on the various accounts per attached summary be approved and granted to the property owners listed. F- 2008 -44 - Municipal Accounts. It is recommended that Council approve the municipal accounts totaling $21,531,071.22 fort he period September 18, 2008 to October 15, 2008. L- 2008 -36 - Release of Agreement, 8209 Lundy's Lane. It is recommended that the release of a Site Plan Agreement dated November 8, 1983 and registered on title to the property known municipally as 8209 Lundy's Lane, shown hatched on Attachment "1", is hereby approved and authorized. MW- 2008 -63 - Consulting Services for Pavement Condition Update. It is recommended that the City of Niagara Falls enter into a Consulting Services Agreement with Applied Research Associates Inc. For Consulting Services for a Pavement Condition Update for $30,000.00, excluding GST. MW- 2008 -64 - Bulk Sodium Chloride ( Road Salt), Regional Tender 2008 4-29. It is recommended that Bulk Sodium Chloride ( road salt) be purchased from Cargill Deicing Technology, Pickering, Ontario for the Year (2008/2009 winter season) as set out in Tender 2008 -T -29. MW- 2008 -65 - Montrose Business Park Drainage Works Stormwater Management Lot Grading and Culvert Replacements. It is recommended that the Consulting Services Agreement with Philip's Engineering Ltd. Be amended to reflect the increase of $20,000.00 to the upset fee limit. R- 2008 -34 - 2008 Sports Wall of Fame Inductees. It is recommended that Council approve the 2008 Sports Wall of Fame Inductees for the January 2009 Induction Ceremony. TS- 2008 -52 - Contract T2008 -16, Snow Ploughing, Piling and Hauling of Snow City Parking Lots - Three (3) Year Term. It is recommended that 1. Sacco Construction be awarded the contract for the supply of services for snow ploughing of parking lots designated in Area 1; 2. That Ken Warden Construction be awarded the contract for the supply of services for snow ploughing of parking lots designated in Area 2; 3. That Ken Warden Construction be awarded the contract for the supply of services for snow ploughing of parking lots designated in Area 3; 4. That the successful bidders enter into an agreement with the City of Niagara Falls for the snow ploughing of municipal parking lots and hauling when required for a 3 -year term, from 2008 -2011 in accordance with Contract T2008 -16. 5. That the Mayor and City Clerk be authorized to execute the necessary agreement. TS- 2008 -53 - Quotation for the Supply and Apply of Sand /Salt in Municipal Lots - Three (3) Year Term. It is recommended that: 1. That Ken Warden Construction be awarded the contract for the supply of services for Supplying, Sanding and Salting in Areas 1, 2, & 3 municipal parking lots; and, 2. That the successful bidder enter into an agreement with the City of Niagara Falls for - 14 - November 3, 2008 Council Minutes the supply of sand /salt mix and the application on municipal parking lots when required for a 3 -year term, from 2008 -2011 in accordance with Contract T2008 -17. 3. That the Mayor and City Clerk be authorized to execute the necessary agreement. FS- 2008 -02 - Carbon Monoxide. It is recommended that Council approve th report initiating a by -law requiring the installation and maintenance of Carbon Monoxide alarms in the City of Niagara Falls. FS- 2008 -03 - Purchase of Light Rescue Truck for Fire Services. It is recommended that Council approve the purchase of a Light Rescue truck from Asphodel Fire Trucks Ltd. at a cost of $163,850.00 ( plus applicable taxes). ORDERED on the motion of Councillor Kerrio, seconded by Councillor Fisher that the reports on the Consent Agenda be approved as recommended. Carried Unanimously R- 2008 -32 - Review of Request, Elimination of Bottled Water City of Niagara Falls Facilities. It is recommended that a Community Information Forum be coordinated to gather community and stakeholder input regarding the review of eliminating the sale of bottled water on City facilities and that a follow -up report be provided to Council. ORDERED on the motion of Councillor Wing, seconded by Councillor Pietrangelo that the report be approved and that the use of plastic water bottles be eliminated at City run meetings and that the use of disposable Styrofoam and plastic utensils at all City meetings and special events be reduced to provide an environmental friendly option. 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 -177 A by -law to authorize the execution of an Agreement of Purchase and Sale with Skrlac Holdings Inc. respecting the purchase of lands, being Part 5 and part of Part 9 on Reference Plan 59R- 13580; in the City of Niagara Falls, in the Regional Municipality of Niagara. 2008 -178 A by -law to authorize the execution of an Agreement of Purchase and Sale with Skrlac Holdings Inc. respecting the purchase of lands, being Part 10 and part of Part 9 on Reference Plan 59R- 13580; in the City of Niagara Falls, in the Regional Municipality of Niagara. 2008 -179 A by -law to authorize the execution of an Agreement of Purchase and Sale with Maria DiGiacomo and Pasquale DiGiacomo respecting the purchase of lands, being Part 11 on Reference Plan 59R- 13580; in the City of Niagara Falls, in the Regional Municipality of Niagara. 2008 -180 A by -law to authorize the execution of an Agreement of Purchase and Sale with Giordano DeBiasi respecting the purchase of lands, being Parts 1 and 2 on Reference Plan 59R- 13580; in the City of Niagara Falls, in the Regional Municipality of Niagara. 2008 -181 A by -law to authorize the execution of an Agreement of Purchase and Sale with Sergio DeProphetis, Victor Mancuso and Remo DeProphetis respecting the purchase of lands, being Parts 3 and 6 on Reference Plan 59R - 13580; in the City of Niagara Falls, in the Regional Municipality of Niagara. 2008 -182 A by -law to authorize the execution of an Agreement of Purchase and Sale with Michael Anthony Piccirillo and Tina Rose Piccirillo respecting the purchase of lands, being Part 12 on Reference Plan 59R- 13580; in the City of Niagara Falls, in the Regional Municipality of Niagara. - 15 - November 3, 2008 Council Minutes 2008 -183 A by -law to authorize the execution of an Agreement of Purchase and Sale with Michael Anthony Piccirillo and Tina Rose Piccirillo respecting the purchase of lands, being Parts 4 and 7 on Reference Plan 59R- 13580; in the City of Niagara Falls, in the Regional Municipality of Niagara. 2008 -184 A by -law to authorize the execution of an Agreement of Purchase and Sale with 1720679 Ontario Limited respecting the purchase of lands, being Part 8 on Reference Plan 59R- 13580; in the City of Niagara Falls, in the Regional Municipality of Niagara. 2008 -185 A by -law to establish part of Reserve Block 105 Plan 59M -316 designated as Part 1 on Reference Plan 59R -13809 as a public highway, to be known as and to form part of Kalar Road. 2008 -186 A by -law to authorize an Application General to amend the register to release a Site Plan Agreement registered as Instrument Number RO420825. 2008 -187 A by -law to declare the following properties surplus: Ethel Street Plan 89 Stamford; Alem Street Plan 118 Stamford; Block A Plan 118 Stamford; Kenneth Avenue Plan 139 Stamford; Tad Street Plan 89 Stamford; Pew Street Plan 96 Stamford; Part Township Lot 141 Stamford as in BL107 being Pew Street; Jones Street Plan 100 Stamford; Glenholme Avenue Plan 44 Stamford lying north of Bellevue Street; Part Gra ham Street Plan 94 Stamford being Parts 2, 3 and 11 on 59R- 10309; Lot 39 Plan 318 Town of Niagara Falls; Lot 40 Plan 318 Town of Niagara Falls; Lot 41 Plan 318 Town of Niagara Falls; Lot 77 Plan 318 Town of Niagara Falls; Lot 174 Plan 308 Niagara Falls; Lot 175 Plan 308 Niagara Falls; Lot 286 Plan 308 Niagara Falls; all in the City of Niagara Falls, in the Regional Municipality of Niagara. 2008 -188 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. 2008 -189 A by -law to require pre - consultation on certain Planning Act applications in the City of Niagara Falls. 2008 -190 A by -law to amend By -law Nos. 79 -200 and 99 -104 and repeal By -law No. 2007 -196, to permit the construction of a 30 storey hotel and a 6 storey hotel in addition to the existing 10 storey hotel on the land at the intersection of Ferry Street and Victoria Avenue through Clark Avenue and to reinstate Tourist Commercial zone standards for lot coverage and building height on the land. (AM- 2008 -031) 2008 -191 A by -law to authorize the payment of $ 21,531,071.22 for General Purposes. 2008 -192 A by -law to authorize the execution of an Agreement with the Petrakis Family of the Golden Steer Restaurant respecting the Adopt -A- Street public service program for volunteers. 2008 -193 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 3r day of November, 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. Carried Unanimously Economic Development NEW BUSINESS ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that Regional staff be requested to review the new economic strategy proposed by the City of Ottawa. Carried Unanimously - 16 - November 3, 2008 Council Minutes ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the meeting be adjourned at 9:40 p.m. Carried Unanimously I� Salto DEAN IORFIr4A, CI"fY CLERK R.T. (TED) SALCI, MAYOR