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2008/12/01Council met on Monday, December 1, 2008 at 5:30 p.m. in All members of Council were present. Councillor loannoni presided consideration of the items presented, the In Camera Session did 207. TWENTY- SECOND MEETING IN CAMERA MEETING * ** * Committee Room 2 December 1, 2008 an In Camera Session. as Chairman. Following not rise to report. REGULAR COUNCIL MEETING Council met on Monday, December 1, 2008 at 8:00 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Councillor loannoni offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves that the minutes of November 10, 2008 be approved as printed. Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the minutes of November 17, 2008 be approved as printed. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor loannoni indicated a pecuniary interest to cheque no. 323711, made payable to herself. Councillor Diodati indicated a pecuniary interest to cheque no. 323712, made payable to himself. Councillor Pietrangelo indicated a pecuniary interest to cheque no. 323714, made payable to himself, it was for mileage reimbursement from the AMO conference. Councillor Maves indicated a pecuniary interest to cheque no. 323713, made payable to himself. Councillor Thomson indicated a conflict to report PD- 2008 -112 and By -law 2008- Councillor Wing indicated a conflict to By -law 2008 -207, as her spouse a business relationship with the owner. Mayor Ted Salci indicated a pecuniary interest to cheque numbers 323546 and 323715 made payable to himself. - 2 - December 1, 2008 Council Minutes DEPUTATIONS/PRESENTATIONS Niagara Falls Lions Park Redevelopment Proiect Jana Katz, on behalf of Niagara Falls McDonalds and the Ronald McDonald Charities presented a cheque for $25,000 to the members of the Niagara Falls Lions for the development of the fully accessible park. Members of the Niagara Falls Lions presented a certificate to Mayor Salci to show their appreciation for all the City's help. PLANNING MATTERS PD- 2008 -110 -AM- 2008 -029, Official Plan and Zoning By -law Amendment Application, 6320 Pine Grove Avenue, Applicant: Gordon Ogilvie, Proposed 3 to 4 Storey, 18 Unit Apartment Building. Due to unresolved ownership issues surrounding the property, staff are recommending deferral. ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the report be deferred until the January 26, 2008 meeting, if the ownership issues are resolved. Carried Unanimously ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that Mr. Gordon Ogilvie be permitted to speak. Carried Unanimously Gordon Ogilvie gave the opinion that the mortgage issue should not be a matter to be dealt with by Council. He questioned whether the property was truly historical. Mr. Ogilvie indicated that the house was nicely but nothing made it any more unique than similar houses in the neighbourhood built in the 1930's. He felt it was more who was associated with the property that made it unique but that should not lead to an historical designation. ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that Council issue a notice of intention to designate the property known as 6320 Pine Grove Avenue due to its cultural heritage value and interest to the City of Niagara Falls. Carried Unanimously Background PD- 2008 -108 - AM-2008-004, Zoning By -Iaw Amendment Application, 2096, 2108 and 2122 Catharine Crescent, Applicant: Jingyu Li and Fayez Elayan and the City of Niagara Falls Permit Site Works related to Erosion Control and Slope Stability. The Manager of Community Improvement and Planning Projects reviewed the recommendations and provided the following information: The applicants have requested an amendment to Zoning By -Iaw 79 -200 for the rear part of their property at 2108 Catharine Cres. The front of the property is zoned Residential Single Family 1A Density. The rear of the property is sloped and is zoned Environmental Protection Area (EPA), which does not permit the land to be altered except for the provision of municipal services. - 3 - December 1, 2008 Council Minutes The applicants undertook site works to stabilize the slope within the EPA zone and are requesting these works to be recognized. The rezoning will allow the work subject to a permit from the Niagara Peninsula Conservation Authority. As the same EPA zone extends onto the rear of the abutting properties, 2096 & 2122 Catharine Cres, it is proposed that the amendment extend to include these properties. Notice was circulated to the respective owners. It is for this reason that the City is named as co- applicant. Planning Analysis Official Plan The lands are designated Residential in the Official Plan. The Official Plan promotes the protection of slopes and valley lands. As the environmentally sensitive portions of the subject lot are intended to be protected by stabilizing the slope, the proposed amendment complies with the Official Plan. Zoning The intent of the current EPA -552 zoning is to preserve the slope in its natural state. Currently, the special provision prohibits any work, activity or building on the lands. The requested amendment would permit the site works necessary to protect the slope from erosion or slumping, subject to a permit under the NPCA regulations. The applicants have provided a soil stability analysis by a professional engineer which concludes that a stable slope will result when additional works are carried out to a 3:1 grade, and securing the steeper parts with armour stone. Should this application be approved, the applicant will alter the slope in accordance with the findings of the slope stability analysis. The applicant will also need to provide a revised grading plan, which will be reviewed and approved in the context of the master grading plan for the subdivision and will require an NPCA permit. Conclusion The requested zoning by -law amendment to permit certain site works in the rear of the subject lands that are zoned EPA -552 can be supported for the following reasons: It conforms with the Official Plan The zone changes will permit certain works (subject to the necessary permits) and allow for slope stability and erosion protection. Recommendation That Council approve the Zoning By -law Amendment application to modify the EPA zoning that applies to the rear of 2096, 2108 and 2122 Catharine Crescent to permit site works related to erosion control and slope stability, subject to a permit from the Niagara Peninsula Conservation Authority. Peter Jugoon, 2096 Catharine Cres., owner of property next to Fayez Elayan. Mr. Jugoon's expressed concerns with the grading plan of the property, wanted to ensure that the applicant had a resolution for the drainage and wanted to be involved in the process. The City Solicitor indicated that since one of the properties in question is Mr. Jugoon's, the matter should not go forward for a decision at this time. Fayez Elayan, 2108 Catharine Crescent, indicated that the area was disturbed by the development of the subdivision, the drainage and water issues come from Rockcliffe and that the Environmental Protection Act allows an owner to take action to correct erosion. He assured Council that he is environmentally conscious and has restored as much trees and vegetation as possible. The Public Meeting was closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that the report be deferred and staff coordinate a meeting with the affected neighbours and report back to Council. MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci offered condolences to the family of Louis Vendramin, a city employee, on the recent loss of his father and to the family of Paul Messing, a retired employee of the City of Niagara Falls, on his recent loss.. Mayor Salci expressed sadness at the terrorist attack in Mumbai, India on the Mumbai Chabad Jewish Centre, and expressed sympathy to those in our Jewish community in Niagara Falls. Mayor Salci advised that he has heard from organizations like Project Share, the YWCA, the Boys & Girls Club, the Salvation Army and Out of the Cold and this year there is a great need for support. Mayor Salci advised of some recent events: the Santa Claus Parade and the official re- opening of Cavendish Manor after the fire in the spring. Mayor Salci advised of some upcoming events: Winter Festival of Lights Golden Griddle Community Pancake Breakfast; "Angels Everywhere" is taking place at Christ Church and the Downtown Candlelight Stroll. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Mayor's Youth Advisory Committee - Request 25 cent Student Bus rides during the school year, Christmas Break ( December 20 - January 4), and March Break (March 14 -22). RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the request be approved. Carried Unanimously 2. Bullying Canada.Ca and Blue Day - Requesting that December 17, 2008 be declared as "Blue Day" in the City of Niagara Falls. RECOMMENDATION: For the Consideration of Council - 4 - December 1, 2008 Council Minutes Carried Unanimously ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the request be approved. Carried Unanimously 3. Request from Downtown BIA for free on street parking during December. RECOMMENDATION: For the Approval of Council 4. New Years Eve 2008 - Request for use of FX WORX INC. fireworks display at the Skylon Tower for this New Years Eve 2008. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the requests in communications 3 & 4 be approved. Carried Unanimously - 5 - December 1, 2008 Council Minutes REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati that the actions taken in Community Services Committee, on December 1, 2008 be approved. 1. The minutes of the November 3, 2008 meeting be approved. 2. PD- 2008 -107 Information Report, South Niagara Falls Watershed Plan That the Committee receive this report for information. 3. BBS- 2008 -05 Sign By -law Variance Request Mountainview Homes - Thundering Waters Village That a variance for a 300 sq. ft. V -board sign be granted for 5- years. 4. R- 2008 -36 Arena Payment and Cancellation Policy 1) That Council approve the new Arena Payment and Cancellation Policy; 2) That the new Arena Payment and Cancellation Policy becomes effective for the new arena ice season which commences Jan 1, 2009; 3) That staff coordinate an information meeting with arena user groups and clients on the new Arena Payment and Cancellation Policy. 5. TS- 2008 -51 Eastwood Crescent - Traffic Operations Review 1) That a "No Heavy Vehicle" restriction including "Up to $5,000 Fine" and "No Buses" tabs be implemented on Eastwood Crescent between Victoria Avenue and Palmer Avenue; 2) That a "No Heavy Vehicle" restriction including "Up to $5,000 Fine" and "No Buses" tabs be implemented on the entire length of Ryerson Crescent; 3) That a stop sign be installed facing southbound motorists on Wesley Place at Eastwood Crescent; 4) That a "no stopping" restriction be installed on the south side of Eastwood Crescent between Victoria Avenue and a point 30 metres east of Victoria Avenue; and, 5) That buses be restricted from the metered parking spaces on the east side of Victoria Avenue between Kincaid Place and Robert Street. 6) That staff review the traffic operations over the next six months and bring a report back to Committee. 6. TS- 2008 -61 Ray's Auto Sales - Information Report That a second access from First Avenue be granted and that the daylighting triangle be reconveyed to the owner of the abutting lands. 7. That parking enforcement along the east side of Main Street from Robinson Street to a point 155 metres west of Allendale Avenue be suspended immediately and that staff bring a report back to Committee. 8. That staff investigate alternatives for Loose Leaf pickup. - 6 - December 1, 2008 Council Minutes 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 December 1, 2008 be approved. Carried Unanimously 1. That the minutes of the November 17, 2008 meeting be adopted as recorded. 2. F- 2008 -48 2008 Financial Update That the 2008 Financial Update be received, and that the Committee recommend additional quarterly and semi - annual financial reporting. That staff report back on the cost of conducting a forensic audit of the Corporation. That letters be sent to the organizations requesting permissive grants notifying that there are no guarantee that they will receive their full funding request. 3. That staff investigate opportunities to sell surplus water derived from City maintenance and flushing of fire hydrants. 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. CD- 2008 -13 - 2009 Council Schedule. It is recommended that Council approve the 2009 Council Schedule. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that the January 12 workshop be combined with the January 19 Corporate Services meeting and the remainder of the schedule be approved. Carried Unanimously F- 2008 -45 - Major Receivables Quarterly Report. It is recommended for the information of Council. F- 2008 -47 - Municipal Accounts. It is recommended that Council approve the municipal accounts totaling $25,064.968.03 for the period October 16, 2008 to November 5, 2008. L- 2008 -42 - Release of Restrictive Covenants, 6085 Wildrose Crescent, Our File No. 2008 -251. It is recommended that the release of restrictive covenants registered on title to the property known municipally as 6085 Wildrose Crescent ( "subject lands "), is hereby approved and authorized. - 7 - December 1, 2008 Council Minutes PD- 2008 -112 - PLC- 2008 -02, Request for Removal of Part Lot Control Block 43, Registered Plan 59M -251, 6387 -6399 Pinestone Road (Neighbourhoods of St. David's), Owner: Walker Community Development Corporations. It is recommended that Council approve the request and pass the by -law included in tonight's agenda to designate Block 43, Registered Plan 59M -251, described as Parts 1 to 14 (inclusive), Reference Plan 59R- 13593, as exempt from Part Lot Control; and That the owner be given two years to create the individual parcels and notify the City when the separate deeds have been registered. TS- 2008 -57 - Parking and Traffic By -law 89 -2000 Various updates to Schedules. It is recommended that the parking and traffic by -law updates be approved to reflect existing field conditions. TS- 2008 -58 - Dunn Street - Parking Review. It is recommended that the parking and traffic by -law updates be approved to reflect existing field conditions. ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that the reports be approved as recommended. Carried Unanimously with Councillor Thomson indicating a conflict with PD- 2008 -112 -AND- RESOLUTIONS PD- 2008 -109 -Chief Administrative Officer- Request for Funding Under the Niagara Region's Pilot Public Domain Incentives Program for Historic Drummondville. The report recommends that Council support, by resolution, an application to the Regional Municipality of Niagara for funding assistance of $100,000 under their Pilot Public Domain Incentives Program to carry out streetscape improvements for Historic Drummondville in 2009. NO. 33 - WING - THOMSON - therefore be it resolved that the Council of the Corporation of the City of Niagara Falls supports an application to Regional Municipality of Niagara for funding under the Public Domain Incentives Program for the Streetscape Improvements for Historic Drummondville. Carried Unanimously -AND- TS- 2008 -66 - Chief Administrative Officer - QEW - Mountain Road to Highway 420 Environmental Assessment The report recommends that a resolution be forwarded to the minister of Transportation of Ontario, requesting the study area for the QEW widening Environmental Assessment be extended to a point south of McLeod Road; and That the Region of Niagara offers support of this motion by forwarding a similar motion to the Minister of Transportation of Ontario. NO. 34 - PIETRANGELO - MAVES - therefore be it resolved that the Ministry of Transportation be respectfully requested to extend the study area for the Environmental Assessment widening the QEW to a point south of McLeod Road; and FURTHER BE IT RESOLVED that the Regional Municipality of Niagara be respectfully requested to support this resolution or forward a similar resolution of their own to the Ministry of Transportation. Carried Unanimously - 8 - December 1, 2008 Council Minutes BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be given a first reading. Carried Unanimously with Councillor Thomson and Councillor Wing declaring conflicts with By -law 2008 -2007. 2008 -202 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 -203 A by -law to authorize an Application General to amend the registerto release an Agreement registered as Instrument Number LT16581Z. 2008 -204 A by -law to establish part Township Lot 150 Stamford as a public highway, to be known as and to form part of Kalar Road. 2008 -205 A by -law to require owners of residential dwelling units, hotels, and boarding, lodging or rooming houses to install and maintain carbon monoxide warning equipment. 2008 -206 A by -law to amend By -law No. 79 -200, to permit the erection of a building or structure on the Lands for the purpose of a use permitted by the R1 E zone, a site specific R2 zone and a site specific R1 E zone. (AM- 2008 -008) 2008 -207 A by -law to amend By -law No. 79 -200, to permit the erection of buildings and structures on the Lands for the purpose of a billiard or pool room, exhibition hall, pinball or electronic game machine establishment, restaurant, and theatre or cinema. (AM- 2008 -025) 2008 -208 A by -law to amend By -law No. 79 -200, to permit the erection of a building or structure on the land for the purpose of a use permitted by the R2 zone. (AM- 2008 -026) 2008 -209 A by -law to designate Block 43, Registered Plan 59M -251, not be subject to part-lot control. 2008 -210 A by -law to amend By -law 89 -2000, being a by -law to regulate parking and traffic on City Roads. ( Designated Lanes) 2008 -211 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, Standing Prohibited, Through Highways) 2008 -212 A by -law to authorize the execution of an Agreement with Nicholas A. Nero, carrying on business as Festival of Lights Cheerleading Championship, respecting the use of the Niagara Falls Memorial Arena for a cheerleading competition. 2008 -213 A by -law to authorize the execution of an Agreement with the Historic Niagara Development Inc. respecting the construction, installation and maintenance of a portable outdoor ice rink to be located at City Hall, for use by the general public. 2008 -214 A by -law to authorize the payment of $25,064,968.09 for General Purposes. 2008 -215 A by -law to adopt, ratify and confirm the actions of City Council at its meeting on the 1s day of December 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 with Councillor Thomson and Councillor Wing declaring conflicts with By -law 2008 -2007. Chippawa Volunteer Firefighters Park in the City Committee - 9 - December 1, 2008 Council Minutes NEW BUSINESS ORDERED on the motion of Councillor Fisher, seconded by Councillor Pietrangelo that a letter of thanks be sent to the Chippawa Volunteer Firefighters that went to Ohio for the Christmas Story convention for being excellent goodwill ambassadors for the City. Carried Unanimously Notice of Community Information Forum on the elimination of plastic bottles will be held on Thursday, December 4 2008 at 7:00 p.m. at the MacBain Community Centre. ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati that the meeting be adjourned at 9:25 p.m. Carried Unanimously 2 DEAN IORFL�dA, CITY CLERK R.T. (TED) SALCI, MAYOR