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2009/03/09FOURTH MEETING IN CAMERA MEETING Committee Room 2 March 9, 2009 Council met on Monday, March 9, 2009 at 6:30 p.m. in an In Camera Session. All members of Council were present. Councillor loannoni presided as Chairman. Following consideration of the items presented, the In Camera Session did not rise to report. REGULAR COUNCIL MEETING Council met on Monday, March 9, 2009 at 7:10 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Councillor Maves offered the Opening Prayer. Regional Community Services Niagara Land Trust ADOPTION OF MINUTES ORDERED on the motion of Councillor Fisher, seconded by Councillor Pietrangelo that the minutes of February 23, 2009 be approved as printed. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Thomson indicated a conflict to PD- 2009 -20, a member of his family is acquiring property in the condominium. Councillor Pietrangelo indicated a conflict to the second resolution related to the start of the school year, as he is employed by the Niagara District Catholic School Board. Councillor Kerrio indicated a conflict on the Niagara Parks Commission matter under New Business, as he is a Commission member. DEPUTATIONS /PRESENTATIONS Brian Hutchings, Commissioner of Community Services showed a brief powerpoint presentation outlining the many programs offered through the Niagara Region community Services Department. Wayne Redekop informed Council that Niagara Land Trust is a non - profit charitable organization that provides a vehicle to allow the protection and conservation of the natural heritage of Niagara. The NLT is eligible for grants and donations and can assist with conservation easements or stewardship agreements to allow the preservation of significant land. NLT looks forward to working with the municipality. Communities in Bloom - 2 - March 9, 2009 Council Minutes Patricia Mascarin, Chair and Paisley Janvary-Pool members of the Park in the City committee provided Council with an update on the committee and the upcoming Communities in Bloom related events. They presented the new Communities in Bloom flag to be displayed in front of City Hall and the MacBain Community Centre to officially launch the Communities in Bloom Program. R 2009 - 13 - Chief Administrative Officer - Communities in Bloom Task Force. The report recommends that the list of Communities in Bloom Task Force Volunteers be approved. ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that the report be approved as recommended. Carried Unanimously PLANNING MATTERS PD- 2009 -19 - AM-2008-001, Zoning By -law Amendment Application, 5056 Montrose Road, Applicant: Angelo Marino, Extension of a Temporary Use By -law Permitting a Retail (Convenience) Store The Director of Planning and Development reviewed the recommendations and provided the following information. Background In 2006, Council passed a temporary use By -law No. 2006 -16 which permitted a 140 sq m (1,507 sq ft) retail (convenience) store in an existing building for a period of 3 years. The By -law expired in January 2009 and the applicant is requesting Council to pass another temporary use by -law to allow the retail store to continue for an additional 3 years. The land is currently zoned Light Industrial (LI) with site specific provisions which allow two dwelling units on the second floor of the existing building in addition to the standard LI uses. Planning Analysis Official Plan Extension of the temporary use by -law does not offend the intent of the Official Plan. The subject lands are designated Industrial which permits only retail stores that service the industrial area with convenience goods. The existing convenience store serves the local residential area as well as the industrial area. The previous temporary use by -law for the subject retail store was supported pending the development of the planned commercial plaza on the west side of Montrose Rd. The first phase of the plaza has now been completed. As the plaza is not yet completed, an extension of the temporary use by -law permitting the subject retail store can be considered. Zoning The request to permit the retail store use for a further 3 years is appropriate. - 3 - March 9, 2009 Council Minutes The retail store will continue within the existing structure as a temporary use. To ensure the retail store does not compete with the planned commercial facilities, the amending by -law will restrict the store to its current size. Closure of the convenience store would result in a space which could be readily converted into a small scale light industrial use that would be compatible with the upper floor residential uses, such as a car rental establishment or a consulting engineering office, which are currently permitted. Conclusion The requested Zoning By -law amendment to extend a temporary use by- law for a retail store does not offend the Official Plan's Temporary Use policies. No physical changes are proposed. The temporary use by -law can be extended for a maximum 3 year period. Recommendation That Council approve the Zoning By -law Amendment application to permit the existing retail (convenience) store to continue for an additional 3 years on a temporary basis. Michael Allen, representative for the applicant, advised that this is a straight forward application and asked for Council's consideration and approval of the staff recommendations. The Public Meeting was Closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the report be approved as recommended. Carried Unanimously MISCELLANEOUS PLANNING MATTERS CD- 2009 -04 - Chief Administrative Officer - Decision - January 26, 2009, Re: PD -2009- 05 -AM- 2008 -024, Zoning By -law Amendment Application, Proposed 30 Storey, 364 Hotel Room, Canadian Niagara Hotels Inc. The report recommends that Council clarify their decision of January 26, 2009 regarding the Zoning By-law Amendment Application for the proposed 30- storey, 364 room hotel proposed by Canadian Niagara Hotels Inc. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the application be approved as submitted by the applicant and that no further public notice is necessary. Motion Carried with Councillor Wing opposed. ORDERED n the motion of Councillor loannoni, seconded by Councillor Diodati that the Minutes of January 26, 2009 be amended accordingly. Carried Unanimously - 4 - March 9, 2009 Council Minutes PD- 2009 -20 - 26CD -11- 2009 -01, Draft Plan of Condominium ( Standard), 6928 Ailanthus Avenue (East Side), South of Sunnylea Crescent, Owner: Omada Homes Inc. ( Warwick Johnston). The report recommends that: 1. That the Plan of Condominium be draft approved subject to the conditions in the attached Appendix. 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the Mayor and City Clerk be authorized to execute the condominium agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the communication be approved as recommended. Carried Unanimously with Councillor Thomson indicating a conflict. PD- 2009 -21 - Appeal of Committee of Adjustment Decision Consent Application B- 2009 -003, Applicant: Eva Szijarto ( Agent: Brian Sinclair), 6341 Schisler 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- 2009 -003 which does not comply with the Niagara Falls Official Plan, the Regional Niagara Policy Plan nor the Provincial Policy Statement. Brian Sinclair outlined why the application should not be appealed. ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that the report be approved as recommended. Motion Carried with Councillors Thomson, Fisher, Kerrio and Pietrangelo opposed PD- 2009 -22 - CB & FIG - 2009 -001, Commercial Building & Facade Improvement Application, Applicant: 2088937 Ontario Inc. (J. Fiedorek), 4235 -4243 Park Street. The report recommends: 1. That Council approve the Commercial Building and Facade Improvement Grant Application in the amount of $12,000, subject to meeting the program requirements including any permit requirements and entering into an agreement with the City. 2. That the Mayor and Clerk be authorized to sign the grant agreement. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the report be approved as recommended. Carried Unanimously - 5 - March 9, 2009 Council Minutes MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci extended condolences to Chuck McLeod, a city employee, on the loss of his father -in -law, Phil Casucci and to Dennis Savriga, a former city employee on the passing of his father, Joe Savriga. Condolences were extended to the family of the late Officer Dennis Brown and his brothers in Afghanistan. Mayor Salci advised of some recent events: "Black History Month ", including the honouring of Wilma Morrison and the Niagara Entrepreneur of the Year Awards. Mayor Salci reminded the public that the Mayor's Youth Advisory Committee in partnership with Niagara Falls Transit is offering 25 cent bus rides for students the week of March Break. Discussion took place regarding recent NHS implementation meetings. ORDERED on the motion of Councillor Diodati, seconded by Councillor Kerrio that Dr. J. Viljoen, Chief of Obstetrics and Gynaecology, for the NHS, be invited to a future Council meeting. Carried Unanimously COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Lupus Foundation of Ontario - Request that the City participate in a flag raising ceremony during the month of April and May 10 be recognized as "World Lupus Day ". RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that the communication be approved. Carried Unanimously Lundy's Lane BIA - Budget for 2009 was passed by the BIA, levy to be collected by the City is $276,000. RECOMMENDATION: For the consideration of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the request be approved. Carried Unanimously 3. V. Vasic - Complaint about Britannia Crescent construction and related staff responses. RECOMMENDATION: For the information of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Maves to receive and file the communication. Carried Unanimously 4. S.O.A.R. Chapter 18 U.S.W. - Correspondence regarding the future of the Jolley Cut and related staff response. RECOMMENDATION: For the information of Council. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves to receive and file the communication. Carried Unanimously - 6 - March 9, 2009 Council Minutes REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes that the actions taken in Community Services Committee, on March 9, 2009 be approved. The minutes of the February 23, 2009 meeting be approved. 2. PD- 2009 -06 Land Supply and Development Phasing Assessment Carried Unanimously That: 1. adopt the evaluation criteria to assess new development in greenfield area's 2. authorize staff to proceed with developing Official Plan policies; and 3. accept the information contained within this report regarding the City's short term land supply. 3. MW- 2009 -11 Fruitbelt Parkway, Road and Drainage Improvements Project That staff be authorized to commence the Engineering Design Phase of this project and commence cost - sharing negotiations with the benefitting land owners. 4. MW- 2009 -10 Street Tree Planting Policy and Procedures, New Subdivision Developments That City Council adopt the new policy and procedures for the planting of street trees in new subdivisions. 5. TS- 2009 -15 Supply of Four City Buses - RFP #P44 -2008 That RFP #P44 -2008, for the Supply of four City Buses be awarded to NOVABUS at an upset limit of $1,874,988.00. 6. R- 2009 -15 Outdoor Pools, Small Pools and Cost Reductions 2009 Budget 1. That due to the park redevelopment and site construction schedule, the outdoor pool at Niagara Falls Lions Park be closed for the 2009 season. That the small pool located at Mitchelson Park be closed for the 2009 season. 7. TS- 2009 -01 Oxford Street Parking Review 1. That a "No Stopping, 8:00 a.m. and 4:30 p.m., Monday to Friday, Excluding Holidays" zone be implemented on the north side of Oxford Street between Dorchester Road and Varsity Avenue; and, 2. That a "No Stopping" zone be implemented on the south side of Oxford Street between Dorchester Road and a point 22 metres west of Dorchester Road - 7 - March 9, 2009 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- 2009 -010 - Tax Receivables Monthly Report. It is recommended for the information of Council. MW- 2009 -07 - Easement Agreementwith Niagara Peninsula Energy Inc. (NPEI) Former Railway Lands ( between Ferry St. And Robinson St.). It is recommended that Council direct staff to prepare an Easement Agreement with Niagara Peninsula Energy Inc. to allow for the construction of underground hydro electric services withing a portion of the former railway lands owned by the City of Niagara Falls. MW- 2009 -09 - Stanley Avenue North - Storm Sewer Cost Sharing Payment. It is recommended that Council authorize staff to remit payment to the Region of Niagara in the amount of $123,146.65 ( including GST) for the City of Niagara Falls share of the Stanley Avenue North Storm Sewer Oversizing. R- 2009 -11 - Award of Concession Operations and Services at the Gale Centre. It is recommended that Council approve the award of the concession operation and services at the Gale Centre to FRT Hospitality for a period of three (3) years, with the option to renew for a (2) two -year period; and that the Mayor and Clerk be authorized to execute the agreement. TS- 2009 -19 - Transportation Study and Master Plan - Consultant Selection. It is recommended: 1. That the Request for Proposal P31 -2008, for the undertaking of a Transportation Study and Master Plan is awarded to AECOM at an upset limit of $ 427,500. 2. That an additional $17,000 be allocated for contingency for data collection costs. 3. That the Clerk and the Mayor be authorized to execute the necessary agreement. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Fisher that the reports be approved as recommended. Carried Unanimously RESOLUTIONS NO. 7 - FISHER - DIODATI - therefore be it resolved that Niagara Falls City Council approves an application to the Rural Economic Development (RED) Program for the Downtown Streetscape and Beautification Project. Carried Unanimously NO.8 - THOMSON - MAVES - therefore be it resolved that school boards maintain the traditional start of the school year, the day after Labour Day. Carried Unanimously with Councillor Pietrangelo declaring a conflict. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher that the by -laws be given a first reading. Carried Unanimously 2009 -37 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. 2009 -38 A by -law to establish Block 287 Plan 59M -354 as a public highway, to be known as and to form part of Kelsey Crescent. 2009 -39 A by -law to establish Block 288 Plan 59M -354 as a public highway, to be known as and to form part of Parkside Road, 2009 -40 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 9 day of March, 2009. 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 Municipal World - Plastic Water Bottle Article ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that staff report back on the impact of banning water bottles on our landfills. Carried Unanimously Code 4 Fire & Rescue - 8 - March 9, 2009 Council Minutes BY -LAWS NEW BUSINESS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that a letter of congratulations be sent to members of the Fire Department, Derek Hicks and Peter Methner, who were published in the Fire periodical, Code 4 Fire & Rescue. Niagara Parks Commission Carried Unanimously ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that a letter be sent to the province supporting the re- appointment of Bob Gale to the Niagara Parks Commission. with Councillor Mayes opposed and Councillor Kerrio declaring a conflict. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the meeting be adjourned at 8:45 p.m. Carried Unanimously Motion Carried DEAN IORF A, CITY CLERK R.T. (TED) SALCI, MAYOR