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2009/03/23Council met on Monday, March 9, 2009 at 6:30 p.m. in an In Camera Session. All members of Council were present. Councillor Kerrio presided as Chairman. Following the consideration of the items presented, the In Camera Session did rise and report in open session. DEAN IORF, A, CITY CLERK FIFTH MEETING IN CAMERA MEETING REGULAR COUNCIL MEETING Council met on Monday, March 23, 2009 at 7:00 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Councillor Kerrio offered the Opening Prayer. ADOPTION OF MINUTES DISCLOSURES OF PECUNIARY INTEREST Committee Room 2 March 23, 2009 7 R.T. (TED) SALCI, MAYOR ORDERED on the motion of Councillor Fisher, seconded by Councillor Maves that the minutes of March 9, 2009 be approved as printed. Carried Unanimously Councillor loannoni indicated a pecuniary interest to cheque no. 326770, made out to her spouse. Councillor Maves indicated a pecuniary interest to cheque no. 3277058 and 327158, source of income and MW- 2009 -15, Basement Flooding, as the City's insurer. Councillor Wing indicated a conflict to the portion of report CD- 2009 -05, pertaining to the Niagara Falls Museum, her spouse's place of employment. Mayor Salci indicated a pecuniary interest to cheque no. 326964 made payable to himself. -2- Council Minutes March 23, 2009 PLANNING MATTERS PD- 2009 -15 - AM- 2008 -013, Official Plan and Zoning By -law Amendments, Elgin Industrial Area - Cytec and Buttrey Street Areas, Proposed Addition of a Tourist Commercial Outlet Mall by Cross -Link Bridge Corporation in the Buttrey Street Area. The Director of Planning and Development reviewed the recommendations and provided the following information. Background The land use planning exercise for the Cytec and Glenview areas is a continuation of efforts to encourage the proper development of older vacant industrial areas. At the August 18, 2008 Public Meeting, Council considered the land use recommendations of RCI Consulting and GSP Group in consultation with City Planning and Business Development staff At the request of Crosslink Bridge Corporation, Council directed staff to review the appropriateness of adding an outlet mall use on 17.8ha (44ac) of land south of Buttrey Street. The request by Cross -Link Bridge Corporation involved: • redesignation and rezoning to site specific Tourist Commercial • Uses such as a retail outlet mall, additional tourist commercial and light industrial uses • A land use change for 2.8ha (7ac) owned by the City for which the developer has submitted an offer to purchase • An interest in the 0.8ha (2ac) parcel owned by the Region which is part of the land containing the new pre- treatment sewage facility and lands owned by the Niagara Bridge Commission A Justification Report, Market Study and Traffic Impact Analysis has been submitted by Cross -Link Bridge Corporation. • Regional Niagara has requested a Peer Review of the Market Report and are currently reviewing the traffic analysis • City Transportation Division supports findings of Traffic Analysis RCI Consulting and GSP Group recognized the Glenview Area as a 'regeneration area' and proposed several alternatives: • residential us e of the CNR lands was opted against due to the amount of environmental remediation, the reactivation of two industrial plants and the proximity to an active railway. • A prestige industrial zone was recommended along Ferguson St. as a transitional area • South of the prestige industrial a mix of light industrial, service commercial, office uses, recreation uses and the provision for the expansion of the heavy industrial uses were proposed. The Cross -Link proposal seeks to establish a retail outlet mall on the lands south of Buttrey St with an initial size of 18,580m (200,000ft and a possible future expansion to 27,870m (300,000ft A drive -in restaurant and assembly hall were also requested. Because the Cross -Link proposal was significantly different than previous options a Public Open House was held November 20, 2008 for area residents, business and property owners. Public Open House held November 20, 2008 • 50 people in attendance • Concerns raised about increase in traffic generation and the mix of tourist and -3- Council Minutes March 23, 2009 industrial traffic and the viability of the mall due to the recent decline in tourism • Support was received for development of the underutilized area Market Feasibility Study (John Winter and Associates) • Identified primary trade area as the City of Niagara Falls ( <5km of subject property) • Project spending by residential population of $209 million • Projects 18,580m (200,000ft of outlet mall could be supported in the near term. • States that the existing Lundy's Lane outlet mall cannot support all the stores wishing to locate in the City • States the proposal will draw 1.6 million consumers to within walking distance of the Downtown • States the mall should largely deal with `infrequent' purchases conducted by tourists and destination - oriented consumers, unlike typical commercial uses, therefore no negative impacts are seen on traditional commercial areas • Employment is estimated at 600 people. Staff review of the Market Study found some shortcomings: • No comment was made on the current supply of commercial development • No analysis on the potential impact of the mall on the existing commercial areas was provided • While purporting to be tourist serving, the local population's spending habits are used as justification for need Joseph Urban Consultants conducted a peer review for the Smart Centres proposal and cautioned that commercial vacancy levels in the City were quite high, exceeding 45,460 m (500,000ft and likely to increase in other parts of the City with intended relocation of Zehrs, Canadian Tire and Wal -Mart Staff requested Cross -Link to provide further statistical data to show that the tourist market can support the retail floor space proposed. The response stated that there is sufficient tourist dollars to support the mall but no empirical data was included. Based on the proposed location near River Road, the outlet mall may experience a higher level of visitors from outside the Region. A limit of 18,580 m (200,000ft for the mall, individual store limits of 465 -930m (5,100 — 10,000ft and 2 signature stores to a maximum of 1,394m (15,000ft is recommended should the outlet mall use be approved. Land Use Impacts The request to permit an assembly hall cannot be supported because of proximity to heavy industrial sites A drive -in restaurant use is defined as a place where food is prepared on site for consumption off -site - Cross -Link has no interest in a fast food restaurant therefore the use will not be added to the amendment. Cross -Link is amenable to adding a tourist commercial outlet mall use to the Light Industrial designation recommended by RCI Consulting & GSP Group. Several residents have requested that their dwellings in the Ferguson and Buttrey Street areas be zoned Residential. • The properties have long been zoned and designated Industrial • The City is proposing a more transitional prestige industrial type development • The homes have legal non- conforming status that allows them to remain indefinitely • No change to residential is recommended Trust Study (iTrans) Environmental Issues -4- Council Minutes March 23, 2009 Access: • primary is to be from Victoria Avenue via Buttrey St • secondary is to be provided off Bridge St via Zimmerman Ave. • long term intent is for access from River Road Traffic Controls will be required for Phase 1 - 18,580m (200,000ft of retail floor space, offices, wine showcase, heritage museum, hockey arena, outdoor theatre, film studio (next slide) Costs will be significant and, since necessitated by the Cross -Link proposal, related costs are to be entirely the responsibility of the developer. Removal of Employment Lands under the Provincial Growth Plan The City's Comprehensive Review of employment lands and the Region's Growth Management Study have identified an over supply in the Region and in Niagara Falls therefore no further review is required. The reduction of approximately 24ha (60ac) would not have a significant impact on the surplus of employment lands. Environmental Site Assessments prepared show that the property will require remediation to commercial /industrial standards in accordance with the MOE requirements. The developer will be required to prepare a Record of Site Conditions prior to development. Appropriateness of Tourist Commercial Use on the CN Lands Staff is not in the position to support the outlet mall at this time due to the significant amount of undeveloped commercial areas in the City It is acknowledged that attracting a tourist commercial market could be positive for the area A Peer review (at the developer's cost) conducted under the direction of City staff would be able to provide an accurate assessment of the current situation of commercial lands in the City. The Cytec Area The Cytec Area (east of Stanley Avenue) encompasses 95.67 ha (236.4ac) RCI Consulting and GSP Group recommended an Industrial Special Policy area to allow a broad range of employment type uses (light industrial, service commercial and institutional) and that development be by plan of subdivision The proposed zoning includes a list of uses reflected in the proposed Official Plan amendment. The change from heavy and general industrial to light industrial and service commercial reflects a desired direction for redevelopment that was supported at the public meetings held. The amendments for the Cytec Area and nearby lands should proceed. Conclusion The proposed amendments for the Cytec Area can be supported and approved without further delay. -5- Council Minutes March 23, 2009 The proposed outlet mall could act as a catalyst for additional development in the immediate area but it could also have an impact on other commercially designated lands in the City. The proposed Official Plan and Zoning By -law amendments for the Buttrey Street Area, including the Cross -Link proposal should be deferred pending a Peer Review of the Market Report submitted. Recommendation It is recommended that: Council approve the Official Plan and Zoning By -law amendments for the Cytec area Council defer the Glenview area amendment including the proposed tourist serving retail outlet mall on lands south of Buttrey Street and east of Victoria Avenue pending the completion of a Peer Review of the Market Study Donna Rose, 4203 Martin Avenue, is excited about the potential development in the area but has some concerns. She would like Martin Avenue recognized as residential and expressed her concerns with the traffic flow on Martin Avenue. If the Factory Outlet Mall is to go in, Martin Avenue is too narrow to handle the influx of traffic. Ed Lustig, Broderick and Partners, representing Historic Niagara Development Inc., who are owners of various properties downtown are in support of this development, as they see synergies with their efforts. Historic Niagara has had some discussion with the Cross - Link group and would like this property to become part of the Downtown Business Improvement Association, at the appropriate time. Pauline Crump, Office Manager of Canadian Specialty Castings Inc., expressed concern the effect the zoning would have on their operation. The Director of Planning and Development explained that the plan, all along, was to develop policies permitting Canadian Specialty Castings to remain at their location and to expand onto adjacent lands. Mordechai Grun, Chair, on behalf of the Downtown BIA, expressed that they are extremely supportive of this development and will it will have a positive impact on the downtown. Rick Brady, Urban Environmental, planner for the applicant (CrossLink), indicated that the applicant has completed the planning, market and comprehensive traffic studies, as requested by the City. He explained the credentials of the author of the marketing study but indicated that they had no concern submitting to a peer review. He outlined some of the traffic concerns and felt that traffic flow issues can be dealt with at the site plan process. Also, Mr. Brady stressed that his client has no issue with Specialty Castings remaining as it. He indicated that the applicant believes there should be an integration of this site into the downtown and understands that there is a public process to go through for an expansion of BIA boundaries. Finally, Mr. Brady suggested a revised resolution for Council's consideration. that: ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson 1. Council approve the Official Plan and Zoning By -law Amendments for the Cytec Area. 2. That the Glenview area amendment including the proposed tourist serving retail outlet mall on lands south on Buttrey Street and east of Victoria Avenue be approved, absent the need of a Peer Review of the Market Study. 3. proposed Official Plan Amendment for the proposed addition of a tourist commercial outlet mall by Cross -Link Bridge Corporation in the Buttrey Street Area be brought to Council for adoption at the April 20, 2009 meeting. 3. That following the adoption of the proposed Official Plan Amendment or the proposed addition of a tourist commercial outlet mall by Cross -Link Bridge Corporation in the Buttrey Street Area, the Region be requested to approve the Official Plan Amendment as soon as possible. 4. That Planning Staff bring forward to Council the proposed Zoning By -law amendments for the proposed addition of a tourist commercial outlet mall by Crosslink Bridge Corporation in the Buttrey Street Area as soon as possible ad, in any event, no later than May 4, 2009. 5. That a jagged boundary with lands south Ferguson currently being used as residential, be designated residential. 6. That the right of existing industrial uses be recognized, including special provisions for Canadian Specialty Castings. 7. That area residents be invited to be involved in the site plan process for the retail outlet mall. Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that staff bring back a report on the reviewing the requirement of a Retail Market Study in the Official Plan. Councillor loannoni exited Chambers Background -6- Council Minutes March 23, 2009 Carried Unanimously PD- 2009 -24 - AM- 2009 -003, Zoning By -law Amendment Application, 4001 Weaver Road, Applicant: Gary Landry, Proposed Tourist Home. The Director of Planning and Development reviewed the recommendations and provided the following information. The applicant has requested an amendment to Zoning By -law No. 395, 1966 for a 9.3 ha (22.9 ac) parcel of land which is currently zoned Rural, in part, and Conservation and Open Space, in part. The property currently has a single detached dwelling under construction which the applicant proposes to use as a tourist home. The dwelling is located on the part of the property zoned Rural. The Rural zone does not permit tourist homes. The Rural zone is requested to be site specifically amended to add a tourist home with 4 bedrooms available to tourists, to the list of permitted uses. Planning Analysis Official Plan The subject land is designated Good General Agriculture, in part and Environmental Protection Area, in part. -7- Council Minutes March 23, 2009 The dwelling is located on the part of the land that is designated Good General Agriculture, which are intended to be used for agriculture, conservation, forestry and farm related dwellings. The OP policies allow bed and breakfast establishments (up to 6 bedrooms) to be considered as an accessory use to an agriculture or residential use in the Good General Agriculture area. The establishments are to be operated by a permanent resident of the existing dwelling and are to be regulated through a Zoning By -law amendment as to their location, size and traffic generation to minimize disturbances to adjacent properties and to ensure the private sewage disposal system can satisfactorily accommodate the bed and breakfast. The proposed tourist home complies with the OP as follows: • The utilization of the dwelling for a tourist home will not impact the agricultural use of the property. • The 4 bedroom bed and breakfast is not expected to generate significant traffic volumes as to impact the road system. • Because of the size of the property, the subject dwelling is removed from other dwellings and is not expected to impact surrounding properties. • The adjacent environmental lands (Ussher's Creek & associated woodlands) will not be impacted. The dwelling and parking area have been constructed outside of the Regional flood line. • Sufficient capacity exists in the private sewage system to accommodate a tourist home. Zoning The applicant has requested site specific provisions to be added to the Rural zoning that applies to part of the property to add a tourist home with 4 bedrooms to the list of permitted uses. The Conservation and Open Space zoning that applies to Ussher's Creek is not affected by the requested zoning. The dwelling is designed to accommodate the tourist home use and no other zoning regulations are affected. The parking area can accommodate at least 6 parking spaces while the dwelling's garage can accommodate 3 vehicles. As one space is required for the dwelling and one space for each of the tourist rooms, there is sufficient parking available for this use. Conclusion The requested Zoning By -law amendment can be supported for the following reasons: • The proposal complies with the intent and purpose of the Official Plan respecting tourist homes in agricultural areas. • The agricultural and environmental components of the property and nearby residents will not be impacted by the tourist home use. • The private sewage system on the site is of sufficient size to accommodate the tourist home. Recommendation That Council approve the Zoning By -law Amendment application to permit the existing dwelling on the land to be used as a tourist home (bed and breakfast) with a maximum of 4 bedrooms for tourists. Gary Landry, 4001 Weaver Road, applicant, advised that he is support of the staff report and recommendations. The Public meeting was Closed. -8- Council Minutes March 23, 2009 ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the report be approved as recommended. Carried Unanimously Councillor loannoni returned to Chambers PD- 2009 -28 - AM- 2008 -36, Zoning By -law Amendment Application, 4256 Portage Road, Applicant: City of Niagara Falls, Recognition of an Existing Parking Area The Director of Planning and Development reviewed the recommendations and provided the following information. Background The City of Niagara Falls is undertaking a housekeeping amendment to Zoning By -law No. 79 -200 for a 0.14 ha (0.34 ac) portion of a 0.55 ha (1.4 ac) property in order to recognize the existing parking lot. A medical clinic with associated parking exists on the majority of the property, the portion subject to this application is used for parking. Planning Analysis Official Plan The subject property is designated Major Commercial, in part, and Industrial, in part, in the OP. The clinic and the majority of the required parking is located on part of the property designated Major Commercial. Lands designated Major Commercial are intended to be developed for retail outlets, personal service shops, medical services and offices. A portion of the parking associated with the clinic is on lands designated Industrial. Land use designation boundaries are intended to be approximate only, except where there are clearly defined physical features such as roads, and railway lines. The OP allows minor land use designation boundary adjustments without amendment where the general intent of the OP is maintained. As the boundary between the two land use designations is not a clearly defined physical feature, the subject lands can be deemed Major Commercial in the OP. The zone change would comply with the OP. Zoning The front of the property is currently zoned General Commercial (GC) and the rear part of the property is zoned Light Industrial (LI). The portion of the property zoned LI is proposed to be changed to GC. The proposed amendment will recognize the existing parking area and allow it to be used to satisfy a portion of the clinic's parking requirements. The whole of the subject property has been developed and used for a clinic and its associated parking for a number of years, notwithstanding that a small portion has been zoned for industrial purposes and as such, the parking spaces thereon could not be counted towards the required parking. The proposed amendment will replace the LI zoning on a portion of the site with the same GC zoning that exists on the majority of the property which fronts onto Portage Road and permit it to be used for required parking. The zone change will recognize the use of the property that has existed without land use issues for many years. A measure of land use compatibility has evolved and no land use impacts on surrounding land uses are anticipated. The two parcels should be registered in the same name and merged in title so that they can be considered as one parcel under the GC zone. Conclusion The requested Zoning By -law amendment can be supported for the following reasons: • The proposal complies with the intent and purpose of the Official Plan which allows minor land use boundary adjustments where the general intent of the Plan is maintained and recognizes an existing land use arrangement. • Extending the GC zone over the entire site will recognize the way the property has been used for a number of years and allow the entire site to be treated as one for the purposes of supplying required parking. • The two parcels should be merged in title so they can be treated as one for zoning and development purposes. Recommendation That Council approve the Zoning By -law Amendment application to recognize the existing parking lot on a portion of the land. The Public Meeting was Closed. -9- Council Minutes March 23, 2009 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher that the report be approved as recommended. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci expressed condolences to Cindy Brao, a city employee, on the passing of her step- father, Fausto Cerminara, a retired City employee and to Brenda Jordans, a Niagara Falls Transit employee, on the loss of her mother, Winifred White. Mayor Salci expressed sadness in the loss of Corporal Tyler Crooks, who was a native of nearby Sherkston. The Mayor offered sincerest condolences to his family. Mayor Salci advised of some upcoming events: "Earth Hour ", Saturday, March 28 at 8:30 p.m., for one hour, the community is encouraged to participate by turning out their lights; the Mayor's Youth Advisory Committee is hosting "Battle of the Bands ", Thursday, April 2nd at the Optimist Club; the sixth annual Niagara Falls Literacy Event will take place at the MacBain Community Centre on Saturday, April 4"'; and the "Two Hearts in Motion" fundraiser will take place on Saturday, April 4 at 7:30 p.m. at Our Lady Peace Hall. Fire Chief Lee Smith showed a brief slide show on the recent rescue efforts of at the Falls Mayor Salci acknowledged the bravery and skill of those involved in saving an individual's life, including Niagara Helicopter's Reudi Hafen. RECOMMENDATION: For the consideration of Council. Councillor Thomson requested a recorded vote. Councillor Thomson requested a recorded vote. -10- Council Minutes March 23, 2009 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Brian Sinclair - request for Council to reconsider its decision to support the recommendation to appeal the Committee of Adjustment decision on 6341 Schisler Road. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the application be reconsidered. Motion Carried with Councillors Wing and loannoni opposed Brian Sinclair, agent for the applicant, indicated that he felt this application should not be appealed and that it was similar to the Niagara -on- the -Lake decision he provided. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that Council withdraw its appeal of the Committee of Adjustment decision for 6341 Schisler Road. Councillor Diodati AYE Councillor Fisher AYE Councillor loannoni NAYE Councillor Kerrio AYE Councillor Maves AYE Councillor Pietrangelo AYE Councillor Thomson AYE Councillor Wing NAYE Mayor Salci AYE 2. Downtown BIA - request for Council to approve the annual BIA budget. -AND- Various opposition letters. RECOMMENDATION: For the consideration of Council. Motion Carried Bert McCatty, 4999 Valley Way, representing 4342 Queen Street, are not pleased with the approach of the BIA, he believes they were not properly notified of this matter. Sal DiPietro, on behalf of he and his partners, owners of numerous properties in the downtown area indicated that they are pleased with the good work of Historic Niagara; however, he believes it is too much of an increase to be justified. Dave Govan, The Camera Place, 4541 Queen Street, indicated that he is in favor of the proposed Downtown budget to capitalize on the positive development that has started on Queen Street. Mordechai Grun, Chair, on behalf of the Downtown BIA, made a brief presentation informing Council of the Downtown BIA strategy. He listed proposed new businesses, events and beautification efforts for 2009. He broke down what businesses accounted for how much of the overall levy. ORDERED on the motion of the Councillor Thomson, seconded by Councillor Diodati that Council approve the Downtown BIA budget, as presented, save the Property Improvement Rebate, which will be reviewed by Staff. Councillor Diodati AYE Councillor Fisher AYE Councillor loannoni NAYE Councillor Kerrio AYE Councillor Maves AYE Councillor Pietrangelo AYE Councillor Thomson AYE Councillor Wing NAYE Mayor Salci AYE Motion Carried RECOMMENDATION: For the information of Council. -11- Council Minutes March 23, 2009 ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that report R- 2009 -07 be dealt with at this time. Carried Unanimously R- 2009 -07 - Contract for the Supply & Installation of a Public Washroom Building and Site Works at Patrick Cummings Memorial Sports Complex. It is recommended that the tender from Corporate Construction Inc. ( 807 Garner Road E., Ancaster, ON ) for the supply and installation of a public washroom building and site works within Patrick Cummings Memorial Sports Complex in the amount of $368,695.40 ( excluding GST) be approved. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the report be approved as printed. Carried Unanimously 3. Field User Fees - a couple e-mails regarding the Field User Fees. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the public be permitted to speak. Carried Unanimously Bob Pysher, GNBA, expressed the frustration over the lack of consultation with user groups over the Field User Fees Review. He outlined what GNBA had contributed over the years. Mr. Pysher indicated that the planning for tournaments took place well before the fees were decided and that such fees could affect tournaments in the community. He requested that Council defer the implementation of the User Fees and have a committee formed to look at the proposed user fees. ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that the meeting go past 11:00 p.m.. Carried Unanimously Bill Miller, National Slo- Pitch, indicated that they consider themselves a partner with the City. He outlined the positive economic impact such tournaments have on our City. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati to defer the implementation of the Field User Fees for 2009 and form a committee to look at future fees. Carried Unanimously 4. Toward a Zero Waste Future - Ministry of Environment Waste Diversion Act 2002, Review. RECOMMENDATION: For the consideration of Council. ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that the information be forwarded to the Province. Carried Unanimously CORPORATE SERVICES MATTERS REPORTS ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the budget presentation be deferred to the April 6 Council Meeting. Carried Unanimously F- 2009 -07 - Chief Administrative Officer - Schedule of Fees -12- Council Minutes March 23, 2009 The report recommends that the Schedule of Fees By -law, listed under the by -law section of the agenda, be approved, with the exception of the Field User Fees for 2009. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that the report be approved as amended. Carried Unanimously Councillor Diodati exited Chambers F- 2009 -11 - Chief Administrative Officer - Payments in Lieu of Property Taxes Report The report is recommended for the information of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the report be approved as recommended. Councillor Diodati returned to Chambers CD- 2009 -05 - Chief Administrative Officer - Reserve Funds. The report recommends: That Council receive the information in the report ; and that Council approve the request for use of the Heritage Week Reserve Fun; and that staff prepare an appropriate by -law, if the request is approved. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the money from the Heritage Week Reserve Fund go toward budget deficit reduction. with Councillor Wing declaring a conflict 3. TS- 2009 -20 St. Michael Avenue at Brittany Court St. Michael Avenue at McGarry Drive Intersection Control Review with Councillor Mayes declaring a conflict on item #5. The minutes of the March 9, 2009 meeting be approved. Carried Unanimously Carried Unanimously RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that the actions taken in Community Services Committee, on March 23, 2009 be approved. Carried Unanimously 2. TS- 2009 -11 Transit Strategic Business Plan and Ridership Growth Strategy Phase 4 - Long Term Strategic Plan and Phase 5 - Short Term Business Plan Final Report That Phase 4 - Long Term Strategic Plan and Phase 5 - Short Term Business Plan of the final report for the Transit Strategic Business Plan and Ridership Growth Strategy be adopted by Council. That the financial recommendations of the Phase 5 - Short Term Business Plan be forwarded for consideration as part of the 2009 -2013 Capital Budget deliberations. That an all -way stop control is installed at the intersection of St. Michael Avenue and McGarry Drive. 4. TS- 2009 -18 Main Street Parking Review -13- Council Minutes March 23, 2009 1. That the "No Parking, except by Permit and on Sunday's between 9:00 a.m. to 1:00 p.m." restriction located on the south side of Main Street between Robinson Street and a point 145 metres west of Allendale Avenue be removed to allow unrestricted free parking; and, 2. That the "No Parking, except on Sunday's between 9:00 a.m. and 1:00 p.m." restriction located on the north side of Main Street between Robinson Street and a point 155 metres west of Allendale Avenue be removed to allow unrestricted free parking; and, 3. The paid parking on Main Street adjacent the hydro corridor revert back to unrestricted free parking. 5. MW- 2009 -15 Basement Flooding 1. Receive and File. 2. That staff prepare a report on a policy for relief of residents with basement flooding and look at whether other municipalities have such a policy. RATIFICATION OF IN CAMERA COMMITTEE RECOMMENDATION ORDERED on the motion of Councillor Thomson, seconded by Councillor Mayes that the recommendation from the "In Camera" meeting on March 23, 2009 be approved. 1. That Part 4 on Reference Plan 59R- 13223, Victoria Avenue be offered equally to each abutting property owner (St. Paul's English Evangelical Church and 281954 Ont. Ltd. (Dorothy Zafeeris). Carried Unanimously CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F- 2009 -13 - Municipal Accounts. It is recommended that Council approve the municipal accounts totaling $16,350,361.64 for the period February 5, 2009 to March 4, 2009. MW- 2009 -12 - Historic Drummondville CIP Area, Capital Works Improvement Program Funding. It is recommended that staff be authorized to invite proposals for Consulting Engineering services to complete the Engineering Design Phase of this program in order to achieve the approved implementation schedule. MW- 2009 -14 - 2008 Water Distribution Subsystem Annual and Summary Report. It is recommended that this report be received and filed. -14- Council Minutes March 23, 2009 PD- 2009 -17 - AM- 06/2006, OPA No. 68, 5471, 5491 and 5507 River Road, 4399 & 4407 John Street and Vacant Lands on the west side of River Lane between John Street and Phillip Street. Applicant: O.R.E. Development Corp. Repeal of Adopting By -law for OPA No. 68. It is recommended that Council repeal By -law No. 2006 -126 which adopted Official Plan Amendment No. 68 and the Regional Municipality of Niagara be requested to close the file. PD- 2009 -26 - SWC- 2009 -001, Sidewalk Cafe Licence Agreement, Mide Bistro, 4337 Queen Street. It is recommended that the Mayor and City Clerk be authorized to execute a Sidewalk Cafe Licence Agreement with Joseph Hughes to permit the operation of a sidewalk cafe over o portion of the City sidewalk and two parking spaces in front of Mide Bistro, located at 4337 Queen Street. TS- 2009 -10 - Transit Agreement with Niagara College. It is recommended that Niagara Falls Transit provide transportation to Niagara College students residing in Niagara Falls from May 1, 2009 through August 31, 2009 for the flat rate sum of $7,200 from the Niagara College Student Administrative Council and that the Mayor and the Clerk be authorized to execute the necessary Agreements. ORDERED on the motion of Councillor Diodati, seconded by Councillor Kerrio that the reports be approved as recommended. Carried Unanimously BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher that the by -laws be given a first reading. Carried Unanimously 2009 -41 A by -law to amend By -law Nos. 79 -200 and 2001 -134, to permit site works within EPA zoned lands for erosion control and slope stability subject to a permit from the Niagara Peninsula Conservation Authority. (AM- 2008 -004) 2009 -42 A by -law to repeal By -law No. 2006 -126 which adopted Amendment No. 68 to the City of Niagara Falls Official Plan. (OPA No. 68) 2009 -43 A by -law to establish Part 3 on Reference Plan 59R -13875 as a public highway, to be known as and to form part of Dorchester Road. 2009 -44 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 -45 A by -law to establish Part of Township Lot 217, Stamford, being Part 1 on Reference Plan 59R -13927 as a public highway, to be known as and to form part of Kister Road. 2009 -46 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 in buildings. 2009 -47 A by -law to authorize the payment of $16,350,361.64 for General Purposes. 2009 -48 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stopping Prohibited, Standing Prohibited, Parking Prohibited) Kalar Road, McLeod Road and Oxford Street. 2009 -49 A by -law to authorize the execution of an Agreement with the Courchesne Family respecting the Adopt -A- Street public service program for volunteers. 2009 -50 A by -law to fees and charges for various services, licences and publications for the City of Niagara Falls in compliance with the Municipal Act 2001. 2009 -51 A by -law to amend By -law 79 -200, regulate the land uses within the Warren Woods (East) plan of Subdivision. 2009 -52 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 23r day of March, 2009. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the by -laws be read a second and third time and passed. Carried Unanimously Hwy. 20 -15- NEW BUSINESS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that staff investigate the renaming of Highway 20 and solicit suggestions from the website. Carried Unanimously ORDERED on the motion of Councillor Mayes, seconded by Councillor Pietrangelo that the meeting be adjourned at 11:30 p.m. Carried Unanimously C 22/17X Council Minutes March 23, 2009 R.T. (TED) SALCI, MAYOR