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2008/11/17TWENTY -FIRST MEETING REGULAR COUNCIL MEETING Council Chambers November 17, 2008 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 Kerrio offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Councillor Mayes, seconded by Councillor Pietrangelo that the minutes of November 3, 2008 be approved as printed. Carried Unanimously Councillor Wing indicated a conflict to AM- 2008 -025, her spouse has a work relationship with the applicant. Background DISCLOSURES OF PECUNIARY INTEREST Councillor Thomson indicated an indirect conflict to AM- 2008 -025. PLANNING MATTERS PD- 2008 -100 - AM- 2008 -030, Zoning By -law Amendment Application, 5127 River Road, Applicant: Muriel Freeman, Proposed Cottage Rental Dwelling. 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 a 748 sq m (8050 sq ft) parcel of land containing an existing two storey single detached dwelling. The dwelling is currently used as a bed and breakfast with 3 bedrooms for tourists. A fourth bedroom is available for the owner /operator. The applicant proposes to use the existing dwelling as a cottage rental dwelling (rented to tourists for accommodation on a daily or weekly basis). Planning Analysis OFFICIAL PLAN The land is designated Residential in the Official Plan. River Road Satellite Tourist District where bed and breakfast accommodations and other alternative forms of accommodation are permitted as long as the residential character is maintained. The proposed cottage rental dwelling complies with the OP as follows: A cottage rental dwelling is an alternative form of accommodation similar in scale to the bed and breakfast accommodations permitted by the OP for this area. No changes are proposed to the property or dwelling, therefore, the residential character will be maintained. The number of bedrooms should be limited to four and only rented to one group of travelers at a time. Given the special policies in the OP and the area's proximity to tourist districts, a moderate concentration of small -scale accommodations of a residential character is acceptable for this area. Staff will continue to monitor the development of cottage rental dwellings in this neighbourhood to ensure that an excessive concentration does not occur. Zoning The land is currently zoned Residential Single Family and Two Family — 2 (R2 -2) with special zoning provisions for bed and breakfast accommodations (tourist home). Request to site specifically add a cottage rental dwelling, containing four bedrooms as a permitted use and to recognize the existing building interior side yard setback of 0.6 m (2 ft). This property currently has 3 tourist bedrooms that could be rented to three different groups of travelers arriving in separate vehicles, whereas the cottage rental dwelling can only be rented to one group of travelers. Therefore, it is expected the cottage rental dwelling will generate less traffic and will require less parking than the current B & B. The requested amendment to permit the existing dwelling to be used as a cottage rental dwelling can be supported for the following reasons: The use complies with the Official Plan as it is in an area where small scale accommodations may be permitted. The use is of a residential nature, and is similar in scale to a bed and breakfast which is already permitted. Provided the cottage rental dwelling is rented to a single group of travelers and limited to four bedrooms, the use will be compatible with adjacent uses. Recommendation - 2 - November 17, 2008 Council Minutes That Council approve the Zoning By -law amendment application to add a cottage rental dwelling with no more than 4 bedrooms to the list of uses permitted under the property's Residential Single Family and Two Family (R2 -2) zoning and to recognize the existing interior side yard setback. Muriel Freeman, applicant, was pleased with the staff report and asked that Council support the recommendations. ORDERED on the motion of Councillor Mayes, seconded by Councillor Pietrangelo that the report be approved as recommended. Carried Unanimously PD- 2008 -101 - AM- 2008 -025, Zoning By -law Amendment Application, Applicant: 1720679 Ontario Limited (Carmen Menechella, President), Permit a Pinball or Electronic Game Machine Establishment and a Billiard Hall and Eliminate Required Parking and Loading Spaces for all Uses on the Property. 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 a 976 sq m (10,506 sq ft) parcel of land. A building exists on the site and is being altered for use as a mixed use development that includes a restaurant, theatre, pinball or electronic game establishment, billiard hall and other tourist attractions. - 3 - November 17, 2008 Council Minutes The current Tourist Commercial zoning is requested to be site specifically amended to add a pinball or electronic game machine establishment and a billiard hall to the list of permitted uses on the land. The applicant is also requesting that no parking or loading spaces be required for the development. The previous uses in the building of a hotel, restaurant and retail area predated By -law No. 79 -200. As there was little on -site parking provided with these uses, a parking deficiency of 41 spaces is considered legal non - conforming. The building configuration which exceeds the permitted lot coverage and does not meet minimum rear yard setback is considered legal non - conforming. The applicant is also requesting the current building configuration be recognized in the zoning by -law. Planning Analysis Official Plan The land is designated Tourist Commercial (TC) in the OP and is part of the Clifton Hill subdistrict, which functions as the commercial- entertainment centre of the Tourist area. A wide range of attractions and other tourist establishments are permitted. The addition of the requested pinball or electronic game machine establishment and billiard hall uses are appropriate as they are similar to uses contemplated or already existing along Clifton Hill. Zoning The land is zoned Tourist Commercial (TC) and it is requested that this be site specifically amended to add a pinball or electronic game machine establishment and a billiard hall to the list of permitted uses, as well as the elimination of parking and loading space requirements for the property. There are no concerns with the addition of the proposed pinball or electronic game machine establishment and billiard hall uses as they are similar in nature and scale to uses already permitted in the TC zone. According to current parking standards the former uses in the building would have required 46 parking spaces. Only 4 -5 spaces were available on -site, with the balance of customers parking off -site or walk -in traffic. As the building and its uses legally existed prior to the passage of By -law 79 -200, the parking deficiency of 41 spaces is considered legal non - conforming. The uses proposed require 102 spaces (Revised) under By -law 79 -200. The applicant has produced a Parking Demand Study that indicates only 21 spaces are required as a significant portion of the customers will consist of people walking by the site. As the number of legal parking spaces credited for legal non - conforming uses on the site (41 spaces) exceeds the 21 spaces needed for proposed uses, the credited parking spaces cancel out the spaces needed, thus reducing the parking required to 0 spaces. To ensure the building is not altered in the future that would increase the parking demands, the amending zoning by -law will restrict the floor area of the building and the uses proposed to the size justified in the parking demand analysis. The owner relinquishes any legal non - conforming rights through this process. Although the number of required loading spaces is requested to be reduced from 2 to 0, a loading space, smaller than what is required by By -law 79 -200, is being provided, but can still accommodate smaller delivery vehicles. Staff have no concerns with the requested increase in lot coverage and decrease in rear yard setback to recognize the existing building configuration. Conclusion - 4 - November 17, 2008 Council Minutes The requested amendment to permit a pinball or electronic game machine establishment and billiard hall on the land and to eliminate parking requirements can be supported for the following reasons: The pinball or electronic game machine establishment and billiard hall uses are uses contemplated by the Official Plan for the Clifton Hill area and are similar to other uses in this area. The number of parking spaces credited for legal non - conforming uses on the site effectively cancels out the required parking for uses on the site, justifying the elimination of required parking, provided the uses are limited to what is proposed. Securing the proposed loading space with reduced dimensions will provide off - street loading facilities for the building. Recommendation That Council approve the Zoning By -law amendment application to add a pinball or electronic game machine establishment and billiard hall to the list of uses permitted under the property's Tourist Commercial (TC) zoning, exempt the property from providing the required parking spaces for all uses on the property and provide site specific dimensions for one loading space. Rocco Vacca, Sullivan Mahoney, representing HOCO Limited and Burland Families advised that his clients generally support the redevelopment, it will be a positive improvement to the area and it is compatible with existing uses on Clifton Hill. He addressed concerns his clients had about parking. The existing application used a parking demand study by Declan that showed that current parking requirements, for a pedestrian area like Clifton Hill, are excessive and exaggerated. Mr. Vacca recommended that the planning department undertake a parking demand study for Clifton Hill for arcades, attractions, and restaurants using the same methodology used in the Delcan Study and that staff develop a policy for consideration to amend Part 4 of the Official Plan to allow for credits for parking spaces. Italia Gilberti, Broderick & Partners, agent for the applicant, is in support of the staff report and recommendations. She can support the recommendations made by Mr. Vacca but asked that they be dealt with under a separate motion not a condition of the application. The Public Meeting was Closed. ORDERED on the motion of Councillor Fisher, seconded by Councillor Kerrio that the report be approved as recommended. Carried Unanimously with Councillor Thomson and Wing declaring a conflict. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that staff prepare a written policy detailing the methodology to be used by staff for the calculation of parking credits for legal non - conforming uses. Carried Unanimously PD- 2008 -102 - AM- 2008 -028, Zoning By -law Amendment Application, 8504 McGarry Drive, Applicant: Raheela Sardar, Recognition of a Second Dwelling Unit and Deck and Porch Additions. The Director of Planning and Development reviewed the recommendations and provided the following information: Background The applicant has requested an amendment to the Zoning By -law for a 556 sq m (5,985 sq ft) parcel of land containing an existing raised bungalow. - 5 - November 17, 2008 Council Minutes The basement of the dwelling has been illegally converted into a second dwelling unit, as well as a covered entrance to the basement has been built in the exterior side yard and a deck has been extended into the rear yard beyond what the zoning by -law permits. Planning Analysis PROVINCIAL POLICY STATEMENT The Planning Act requires City planning decisions to comply with Provincial Policy statements. The PPS directs that municipalities shall facilitate all forms of residential intensification. The provision of second dwelling units in single detached dwellings is a form of residential intensification. OFFICIAL PLAN & GARNER NEIGHBOURHOOD SECONDARY PLAN The land is designated Residential in the City's Official Plan. A range of housing types are permitted including single detached, semi - detached, duplex and triplex dwellings. New residential development is to be integrated to achieve compatibility and sensitivity with the surrounding development. The Garner Secondary Plan encourages a variety of housing types to accommodate the needs of all residents. The subject two unit dwelling is a type of low density housing permitted in residential areas. The dwelling retains the appearance of a single detached dwelling, it maintains compatibility with surrounding development, and achieves residential intensification without significantly impacting on surrounding dwellings. Zoning The land is currently zoned Residential Single Family 1 E (R1 E -468) which does not permit a second dwelling unit. The R1 E zoning is requested to be amended site specifically to recognize the second dwelling unit, the covered entrance in the exterior side yard, allow the steps to the deck in the rear yard and to permit a greater portion of the lot to be covered by the dwelling. The application has been reviewed to ensure the addition of the second dwelling unit respects the character and the appearance of the neighbourhood, does not impact on surrounding dwellings and adequate off - street parking for the second unit is provided. The addition of the second dwelling unit does not change the size or external dimensions of the dwelling. It continues to have the form and appearance of a single detached dwelling, is compatible built form with surrounding dwellings and can be accommodated without a discernable impact on services or character of the area. A second on -site parking space will need to be provided to serve the second dwelling unit by the widening of the driveway off McGarry Drive from 4.5 m (15 ft) to 5.5 m (18 ft). The requested changes in development standards can be recommended for the following reasons: The by -law requires dwellings be set back 4.5 m (15 ft) from the exterior side yard, whereas the covered entrance built to the second dwelling unit projects 1.2 m (3.9 ft) into the required exterior side yard. The covered entrance is set back about 3.3 m (11 ft) from the lot line. It is visually unobtrusive due to its open construction, and is therefore acceptable. • A deck is permitted to project 2.5 m (8.2 ft) into a required rear yard. Although the deck on the property complies as it does not project beyond the permitted 2.5 m (8.2 ft) distance, a staircase at the rear of this deck projects an additional 0.8 m (2.6 ft) into the required rear yard and provides access to the deck rather than occupiable space. The encroachment of 0.8 m for the stairs should not increase the impacts on surrounding properties. • A deck taller than 0.6 m (2 ft) is included in building lot coverage. The requested increase in lot coverage from 40% of the lot area to 40.3% is required to recognize the additional amount the entrance, deck and associated staircase cover the lot. The deck and covered entrance are open sided and therefore this minor increase has less than nominal impact on the property. The applicant will be required to obtain the necessary Building Permits to ensure the second dwelling unit, basement entrance and deck have been constructed to Ontario Building Code requirements. Conclusion The requested Zoning By -law amendment to recognize a second dwelling unit and porch and deck encroachments can be supported for the following reasons: • The addition of a second dwelling unit is supported by Provincial policy initiatives and conforms with the Official Plan. • The dwelling still reflects the character of the surrounding, single detached, residential neighbourhood despite the addition of a second dwelling unit. • The requested covered entrance in the exterior side yard shelters a below grade stairway into the .second dwelling unit and is unobtrusive. • The minor increases in the permitted deck encroachment into the rear yard and lot coverage do no impact on surrounding properties Recommendation The Public Meeting was Closed. - 6 - November 17, 2008 Council Minutes That Council approve the Zoning By-law Amendment to recognize the second dwelling unit in the dwelling as well as the existing deck and roof over the side entrance. Alex Imre, 7079 Parkside Road, expressed his opposition to the application. The homes in the area were all zoned single family dwellings. Mr. Imre expressed concern with the parking of vehicles on the front lawn. Rob Dunn, 8494 McGarry Drive, expressed his opposition to the application. He advised that the applicant went forward and did significant changes to the home without approval. Mr. Dunn feels the property is an eyesore. Raheela Sardar, 8504 McGarry Drive, applicant, advised Council that she did obtain a permit for the building of her deck and that MPAC already recognizes the basement dwelling for assessment purposes. Ms. Sardar advised that the lower level has only been rented out this past year due to financial difficulties. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Wing that the application be denied. Carried Unanimously - 7 - November 17, 2008 Council Minutes PD- 2008 -105 - 26T -11- 2006 -02 (Revised) & AM- 42/2006 (Revised), Warren Woods (East) Draft Plan of Subdivision, Modifications to Draft Plan Approval and Zoning By- law Amendment Approval, Kalar Road (West Side), Between McLeod Road and Brown Road. Owner: Warren Woods Land Corporation ( Robert O'Dell) The Director of Planning and Development reviewed the recommendations and provided the following information: Background The applicant proposes to modify the existing approval for a draft plan of subdivision and related zoning by -law amendment. Council granted draft plan approval on October 15, 2007 for a mixed residential use plan containing approximately 300 dwelling units, parkland and a watercourse channel. Minor changes to the subdivision conditions were approved by Council on November 26, 2007 to resolve an appeal by Cytec, with draft plan approval from the City becoming effective November 29, 2007. Requested changes to the Zoning By -law to permit the development were approved in principle by Council, but the implementing by -law has not yet been passed. The applicant proposes to change the development of the 17.973 ha (44.41 ac) site with up to 318 units comprised of 163 lots for single detached dwellings, 18 lots for semi- detached dwellings (36 units) 10 blocks of land for 44 on- street townhouse units, a block of land for either 36 townhouse units or a 75 unit apartment building and blocks of land for a park, walkways, open space and a watercourse channel. The primary changes to the draft plan include a new road crossing of the east branch of Warren Creek, the multiple residential use along Kalar Rd and elimination of a temporary stormwater pond. Modification Process Council has the authority under the Planning Act to change the conditions of approval /modify a draft plan of subdivision. The revised plan and background material was circulated for comments to City divisions and agencies that had an interest in the proposal. Public consultation requirements were satisfied through the original approval process which occurred last year. However, given the proposed design and zoning modifications related to the new road and townhouse /apartment block, staff considered further notice was warranted and tonight's public meeting was scheduled. Planning Analysis WARREN CREEK REALIGNMENT — STORMWATER FACILITIES The City initiated an Environmental Assessment (EA) for the realignment of the existing watercourses in the area in accordance with the Warren Creek Watershed Master Plan. The EA was approved earlier this year and the engineering design work has been completed. The changes to the east channel and construction of the stormwater pond to the south are necessary to develop the first phase of the subdivision. The Creek reconstruction is a Category 3 in the City's Capital Forecast Budget which requires final approval in the 2009 Budget. The developer has offered to assist the municipality by financing and undertaking a portion of the capital works in exchange for a credit against future payments for Development - 8 - November 17, 2008 Council Minutes Charges or repayment as Development Charges are collected. (This method of financing was previously used by the City in both Deerfield Estates and Edgewood Estates) A construction and financing agreement will be needed between the City and the developer to address the details of the work and credit program. Approval is also required from Hydro One for construction of the realigned watercourse channel through the hydro corridor abutting the south side of the subdivision. The channels and stormwater pond will need to be transferred to municipal ownership. The realigned creek and tributaries will be designated and zoned Environmental Protection Area. Subdivision Review The planning rationale to support the original subdivision design is still applicable to the proposed modifications. • The subdivision provides a compatible mix of dwelling types and lot sizes in accordance with the Residential policies of the City's OP; • The road pattern and lotting represents an efficient use of residential land and urban services; • The proposed range of housing mix is in keeping with the target of 70% single /semi- detached units and 30% multiple residential units as identified in the Garner Neighbourhood Secondary Plan. Zoning The site specific R3 zone provisions previously approved allow for the development of the single- detached and semi - detached lots and on- street townhouse blocks. Changes are requested as follows: • to require a 6 m (19.7 ft) front yard depth which provides space to park a vehicle in the driveway. • Reduction in exterior side yard width for a dwelling to 4 m (13.1 ft). for on- street townhouses. A minor increase in maximum lot coverage for on- street townhouse blocks is proposed — from 55% to 60 %. • Interior side yard depth for townhouses is requested to be the same as single and semi - detached houses (1.2 m/ 3.9 ft) but staff are recommending 1.8 m (5.9 ft) to provide a better visual separation along the streetscapes. • The developer has requested a reduced rear yard depth of 6 m (19.7 ft) for the lots abutting the watercourse channels and /or the hydro corridor, but staff are recommending the minimum City standard of 7.5 m (24.6 ft) for a private rear yard amenity for all dwellings should be maintained. Block 188 on the NW corner of Kalar Rd and Street "E ", it is requested that this block be zoned R4 /R5A for either townhouses or an apartment, with an increased height to 12 m (39.4 ft) to accommodate architectural roof features. Conclusion The proposed modifications to the Warren Woods (East) Draft Plan of Subdivision are appropriate. The application is consistent with the Provincial Policy Statement and the Growth Plan and complies with the policies of the Official Plan and Garner Neighbourhood Secondary Plan. The recommended Zoning By -law amendment will provide suitable regulations for the construction of the dwellings and also to protect the watercourse. The construction of new municipal services (sanitary sewers, pumping station and watermain) have been completed in the area. In order for the subdivision to proceed ahead of the City's schedule for channelization and stormwater facility work, the developer needs to undertake a portion of the project and a financing and construction agreement is required. The consolidated list of required conditions of approval for the modified plan are listed in the Appendix of the Report. Recommendation That the modifications to the Warren Woods (East) Plan of Subdivision be approved subject to the consolidated list of conditions attached to Planning Report PD- 2008 -105. That the Mayor or designate be authorized to sign the modified 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 modifications to the application to amend the Zoning By -law be approved as detailed in the report to provide the necessary land use regulations to guide the development of the subdivision. Bob O'Dell, applicant, advised that he concurs with the staff report and asked that Council support the staff recommendations. He was available to answer any questions. Background The Public meeting was closed. - 9 - November 17, 2008 Council Minutes ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the report be approved as recommended. Carried Unanimously Municipal Rental Housing Policies Public Meeting PD- 2008 -106 - 26CD -11- 2008 -03, Draft Plan of Condominium ( Conversion ), 4218 Portage Road (East Side), North of William Street, Owner: Shaukat & Amina Parekh The Director of Planning and Development reviewed the recommendations and provided the following information: Applicant proposes to convert the existing 18 unit rental apartment to a condominium. The plan of condominium subdivision would permit the individual ownership of each unit while the common areas (such as hallways, driveways and open space) would be shared by the condominium corporation. 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 3.2% for all surveyed apartment units in Niagara Falls. The City -wide rate has decreased from 5.1% in 2006, but the CMHC figures exceed the Official Plan 3% vacancy rate threshold. 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 - 10 - November 17, 2008 Council Minutes It is recommended that the Plan of Condominium be draft approved subject to the conditions set out in Planning Report PD- 2008 -106. Carla Rienzo, 4218 Portage Road, addressed concerns with the vacancy rate in Niagara Falls being more that 3 %.She advised of stats from Oct 2006 to April 2008 show a decline in the vacancy rate and figures for October 2008, which will not be released until December, could dip below the requisite 3 %. Also, she wondered if the vacancy rates used were for all rentals. She felt that because the property is one - bedroom units, the vacancy rate for one - bedroom units only should be looked at. Ms. Rienzo questioned whether the on -going maintenance problems would be better addressed if the property is converted to a condo. Dorothy Donelda Warren, 4218 Portage Road, expressed some concerns she had with the poor upkeep of the building. Diane Cunningham, 4218 Portage Road, questioned under which circumstances tenants could lose their apartments. Brian Sinclair, representing the applicant, indicated that the proposed conversion to condominiums will have a significant improvement on the building as such improvements would be conditions of approval. Mr. Sinclair advised that the all monthly payments and lease arrangements will remain as is and that if the applicant does intend to sell at this time. He explained the circumstances of when a sale could take place. ORDERED on the motion of Councillor Thomson, seconded by Councillor Diodati that the application be deferred until after the release of the rental vacancy rates for October 2008, expected by December 11 Carried Unanimously MAYOR'S REPORTS. ANNOUNCEMENTS Mayor Salci offered condolences to the family of Sue Scerbo, a city employee, on the passing of her mother -in -law, Italia Scerbo. Mayor Salci advised of some recent events in the economy that are affecting decision at every level of government, including the municipality. He indicated that this Council will remain committed to ensuring everything that can be done to improve infrastructure in our City. Mayor Salci advised of some recent events: Minor Hockey families in Niagara Falls kicked off our City's bid to the next Hockeyville, the Winter Festival of Lights opening, Niagara Falls Remembrance Day Ceremony, and the 1812 Bi- Centennial Gala was held this past weekend. Mayor Salci advised of some upcoming events: Niagara Falls Optimist Youth Appreciation Awards and the Santa Claus Parade will take place Saturday, November 29 Councillor Mayes and Kerrio exited Chambers. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Todd Simon - Request to provide services for a Niagara Falls entry for Kraft Hockeyville 2009. RECOMMENDATION: That the proposal be received and filed and that the City submit for Kraft Hockeyville 2010, at no cost to the taxpayer. ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that the staff recommendation be approved. Carried Unanimously Councillor Mayes and Kerrio returned. - 11 - November 17, 2008 Council Minutes REPORTS 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 November 3, 2008 meeting be adopted as recorded. 2. CPS - 2008 -04 Water and Sewer Rate Structure Update: Public Response 1) That the Committee receives the Public Responses to the Public Consultation. 2) That the Committee recommends the endorsement of the eight principles received in the Water and Sewer Rate Structure Review by R.M. Loudon Ltd. 3) That the Committee does not recommend the endorsement of the nine recommendations received from R.M. Loudon Ltd. For a new water and sewer rate structure, and 4) That the Committee directs Staff to prepare recommendations for a water and sewer rate structure that fulfills the eight principles, Considers the Region's review of water and sewer charges, and responds to the concerns raised via the Public Consultation. 3. That the 2009 Funding Requests from the Niagara Falls Tourism be referred to final budget deliberations. That the financial submissions from the following agencies be received for information and referred to final budget deliberations Niagara District Airport Downtown BIA 2009 Events 5. That staff report back to Council in regards to developing an ice cancellation policy, increasing existing user fees and to investigate the development of new fees. 6. That staff report back to Council on the 2009 Operating Budget in respect to expenditures in a manner wherein expenditures are categorized as high, medium and low priority. - 12 - November 17, 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. MW- 2008 -68 - 2008/2009 Winter Maintenance Plan Update. It is recommended that Council receive and file the information contained in the report. MW- 2008 -69 - Union Marsh Drain - Consultant Appointment. It is recommended that the City of Niagara Falls enter into a Consulting Services Agreement with L. Campbell and Associates for Consulting Services at the upset limit of $22,400 (excluding GST); and that the Mayor and City Clerk be authorized to execute the necessary agreement. MW- 2008 -70 - Dixon Street cul -de -sac Consultant Assignment. It is recommended That the City of Niagara Falls, in accordance with the City's Consultant Selection Policy, enter into a Consulting Services Agreement with Kerry T. Howe Engineering Limited for the survey and design of the proposed road closure and cul -de -sac implementation on Dixon Street and Cleveland Avenue and 90 degree bend implementation at the intersection of Dixon Street and Level Avenue; and that the upset limit of project is $28,850.00, excluding GST and ,that the Mayor and City Clerk be authorized to execute the necessary agreement. R- 2008 -35 - Contract for the Supply & Installation of a Splash Pad Area at Patrick Cummings Memorial Sports Complex. It is recommended that the proposal from ABC Recreation Ltd., for the supply and installation of a Splash Pad Area at Patrick Cummings Memorial Sports Complex PD- 2008 -88 - Implementation Plan for the Redevelopment of Sylvia Place Market. It is recommended that the Committee support the proposed implementation plan for the redevelopment of Sylvia Place Market. PD- 2008 -103 - CB & FIG - 2008 -019 Facade & Commercial Building Improvement, Grant Application -46255 Ontario Avenue. It is recommended that Council approve the application for a Facade Improvement and Commercial Building Grant for a total of $18,600 subject to meeting the program requirements including entering an agreement with the City; and 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. TS- 2008 -50 - Royal Manor Drive Speed Review. It is recommended that Royal Manor Drive be included on the 2009 list for review as a potential candidate for speed control devices as per the Speed Control Policy developed for the City of Niagara Falls. TS- 2008 -60 - Snow Removal - Bus Stops and School Crossings. It is recommended to refer this to budget. ORDERED on the motion of Councillor Fisher, seconded by Councillor Diodati that the reports be approved as recommended. Carried Unanimously with Councillor Wing opposed to 2008 -200. Downtown Committee with Councillor Wing opposed Water Molecule - 13 - November 17, 2008 Council Minutes BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by =laws be given a first reading. Motion Carried with Councillor Wing opposed to 2008 -200. 2008 -195 A by -law to permanently close part of a highway; 2008 -196 A by -law to declare part of Murray Street Plan 653 Village of Niagara Falls lying between Orchard Avenue and Stanley Avenue, except Part 1 SN104736 being Parts 1 and 7 on Reference Plan 59R- 13814; in the City of Niagara Falls, in the Regional Municipality of Niagara, surplus. 2008 -197 A by -law to establish part Township Lot 169 Stamford designated as Part 1 on Reference Plan 59R -13808 as a public highway, to be known as and to form part of McLeod Road. 2008 -198 A by -law to amend By -law 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited, Stopping Prohibited, Standing Prohibited, Speed Limit on Highways- (Part 2- 60 /km /h), Stop signs at Intersections, through highways). 2008 -199 A by -law to authorize the execution of an Agreement with Pathway Tours respecting the use of the Niagara Falls Memorial Arena for concert productions. 2008 -200 A by -law to authorize the execution of consulting services agreement respecting the development, implementation and management of the People Mover System. 2008 -201 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 17` 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. Motion Carried NEW BUSINESS Councillor Diodati spoke of the need for a steering committee on the Downtown that would take ownership and provide direction, seek funding from other levels of government, explore private support for different projects, assess return on investment and formulate an action plan. ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that a steering committee be formed consisting of council, senior staff and the BIA. Motion Carried ORDERED on the motion of Councillor Diodati, seconded by Councillor Thomson that the Colaneri family be thanked and be invited to the future unveiling of the molecule at City Hall. Carried Unanimously - 14 - November 17, 2008 Council Minutes ORDERED on the motion of Councillor Mayes, seconded by Councillor Kerrio that the meeting be adjourned at 10:00 p.m. Carried Unanimously DEAN IORfIDA', CITY CLERK R.T. (TED) SALCI, MAYOR