2010/01/25DEAN IORF,I A, CITY CLERK
2010 Olympics
FIRST MEETING
IN CAMERA MEETING
Council met on Monday, January 25, 2010 at 5:45 p.m. in an In Camera Session.
All members of Council were present. Mayor Salci presided as Chairman.
Following consideration of the items presented, the In Camera Session did rise and
report in open session.
REGULAR COUNCIL MEETING
Council met on Monday, January 25, 2009 at 7:00 p.m. for the purpose of
considering Regular Business matters. All members of Council were present. Councillor
Diodati offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves
that the minutes of December 14, 2009 be approved as printed.
Carried Unanimously
DISCLOSURES OF PECUNIARY INTEREST
Councillor Thomson indicated a conflict to report TS- 2010 -07.
DEPUTATIONS /PRESENTATIONS
Committee Room 2
January 25, 2010
Pe-
R.T. (TED) SALCI, MAYOR
Councillor Wing indicated a pecuniary interest to cheque no. 333779, made payable
to herself.
Councillor Pietrangelo indicated a conflict to a wireless transfer to the Niagara
Catholic School Board and to an issue in Community Services regarding the addition to
sidewalk clearing.
Mayor Salci indicated a pecuniary interest to cheque no. 333724, made payable to
himself.
Mayor Salci accepted a piece of artwork from Margaret Pirosko of RBC that was
created during the Olympic Torch Relay Celebration and will be displayed at City Hall.
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Council Minutes
Mayor Salci recognized Joanna Shelton, Manager of McDonald's on behalf of City
Council for being chosen to work at the Olympics.
CARES Foundation 8 Annual Strike Out Violence Bowling Tournament
Mark Lightfoot and Joe Talarico addressed Council on the organization's annual
Strike Out Violence Bowling Tournament, which is being held Friday, February 26 2010.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes
that Council enter a team into this year's tournament.
PLANNING MATTERS
Carried Unanimously
2010 Tim Horton's Bowl for Kids Sake Campaign
Jon Braithwaite, Executive Director, informed Council about the current programs
of Big Brothers Big Sisters. He advised that this year's Tim Horton's Bowl for Kids Sake
Event will take place on Saturday, February 20 2010 and their goal this year is $70,000.
ORDERED on the motion of Councillor Diodati, seconded by Councillor Wing that
Council enter a team into the event. Carried Unanimously
PD- 2010 -01 -AM- 2009 -002, Official Plan and Zoning By-Iaw AmendmentApplication.
Applicant: City of Niagara Falls. Part 1 - Montrose Business Park, Part 2 - Update By-
law Schedules Illustrating Where Adult Entertainment Parlours and Body Rub
Parlours are Permitted.
The Director of Planning and Development reviewed the recommendations and
provided the following information.
Background
Council deferred this application at its November 16, 2009 meeting so that the application
could be revised to include an Official Plan Amendment as well as a Zoning Amendment
for the environmentally sensitive areas.
Montrose Business Park — Environmental Lands
Changes are proposed to the OP designations and the site specific zoning of the Business
Park to place Provincially Significant Wetlands and a natural corridor under an
Environmental Protection Area designation and zoning.
Changes are also proposed to the site specific PI -278 zoning that affects the Business
Park to introduce contemporary zoning terminology and regulations.
Adult Entertainment Parlours — Updates to Schedules
As a housekeeping measure, the proposed amendments make no changes as to where
these uses are permitted, but ensures readers of they by -law are not mislead by the out
of date schedules.
Planning Analysis
Official Plan (OP) - Montrose Business Park
Lands are designated Industrial in part, and Environmental Protection Area (EPA), in part.
Industrial areas are intended for a wide range of industrial uses.
The OP directs that zones be established that group together businesses with similar
characteristics, such as prestige type businesses.
EPA lands are to be maintained in their natural state. In addition, development is prohibited
in natural areas such as significant wetlands, regardless of the land use designation.
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Council Minutes
The proposed EPA designation is intended to protect significant natural areas in the Park.
These areas were identified in a study completed by the City's environmental consultant
(Lisa Campbell & Assoc.)
The study identifies a Provincially Significant Wetland and a natural corridor (for wildlife
movement between wetland areas), as areas that should be protected. The proposed
designation will protect a larger significant natural area.
Placing the subject natural lands under an EPA designation communicates to the public
and prospective purchasers of lots in the Park, the location of the environmental lands that
are to be protected.
Montrose Business Park — EPA Zone
The proposed EPA zone corresponds to the same area as the proposed EPA designation.
Currently the area is zoned Hazard Land (HL) which permits a wider range of uses than
the proposed EPA zone. The lands would be limited to a recreational trail use, which if
designed properly will not impact on the natural areas.
Comments from the Niagara Peninsula Conservation Authority (NPCA) indicated there may
be additional woodlands and an intermittent watercourse outside the proposed EPA
designation and zone. Although these areas were not identified as significant in the study,
it is recommended that future site plan applications in the park be reviewed by NPCA to
determine the need for a further Environmental Impact Study or Tree Saving Plan.
Although the Environmental Study was completed in 2005, recent completion of the lot
layout allows the final zone boundaries to be established.
Montrose Business Park — Proposed Prestige Industrial Zone
The current zoning restricts uses to prestige and light industrial type uses, research and
development facilities, publishing and printing establishments and complementary
commercial uses. In accordance with the OP policies, these uses are similar in nature and
character.
The proposed by -law simplifies the terminology used for permitted uses, using such terms
as "office" and "production and data processing establishment" to reduce the number of
terms used.
To focus on business development and eliminate any conflicts with planned commercial
areas, certain commercial uses such as home improvement warehouse retail outlets, new
car agencies, personal service shops, banks, restaurants and health centres have been
deleted.
To ensure the Business Park is developed to a high standard, the proposed by -law retains
the standards of the current by -law:
► minimum lot and building areas;
► generous building setbacks, and landscape requirements.
Updated Mapping delineating where Adult Entertainment Parlours and Body Rub
Parlours are permitted
To minimize adverse impacts on more sensitive land uses and to avoid exposure of these
uses to families and children, adult entertainment parlours and body rub parlours are
restricted to industrially zoned lands provided the properties are located a minimum of 300
m (984 ft) from residential, institutional, open space and other similar
community /institutional uses, and a minimum of 100 m (328 ft) from a controlled access
highway.
These requirements were implemented in 2002 by incorporating schedules into By -law No.
79 -200 that illustrate which industrially zoned lands meet the above noted setbacks and
can be used for adult entertainment parlours and body rub parlours.
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Council Minutes
Since 2002 certain industrial areas have been rezoned for residential and open space
purposes : Fernwood Su bdivision; Thundering Waters Golf course and associated
residential development; and Warren Woods residential lands.
Schedules should be updated to delete these areas to reflect the associated separation
distances.
Adult entertainment parlours and body rub parlours were never permitted in the Montrose
Business Park due to the prestige business oriented image and therefore, this area should
also be deleted from Schedule 'C'.
The Regional Municipality of Niagara has noted that the following schedule illustrates some
lands where significant natural features exist and requests these areas be deleted from
Schedule 'C' of By -law 79 -200.
These features are located within Warren Woods and Thundering Waters areas both of
which have been approved by Council to develop for residential purposes. Secondary
Plans are underway which will accurately delineate the natural areas and guide the future
zoning for these areas. It is best to deal with the Region's request at the time of
establishing zoning for the Warren Woods and Thundering Waters neighbourhoods.
Conclusion
This is a staff initiated Official Plan and Zoning By -law amendment to protect
environmentally sensitive lands, to provide more contemporary zoning regulations to guide
the development of the Montrose Business Park and to ensure the schedules contained
in Zoning By -law No. 79 -200 properly illustrate where adult entertainment parlours and
body rub parlours are permitted. The application can be approved for the following
reasons:
► Significant natural areas in Montrose Business Park will be protected through the
proposed Official Plan policies and zoning regulations;
► The proposed Business Park zoning conforms with the City's Official Plan with
respect to industrial development and will facilitate the development of a high quality
business park; and
► The housekeeping changes to the schedules illustrating where adult entertainment
parlours and body rub parlours are permitted to locate will remove those lands from
the schedules which can no longer be considered for these uses because of recent
amendments to the City's Official Plan and Zoning By -law.
Recommendation
That Council approve the Official Plan and Zoning By -law amendment application:
► To protect environmentally sensitive lands;
► To apply more contemporary zoning regulations for the Montrose Business Park;
and
► To update the schedules which illustrate industrial areas where adult entertainment
parlours and body rub parlours may be allowed.
That Council adopt the Official Plan amendment and pass the two zoning by -laws
tonight's agenda to implement the changes.
The Public Meeting was Closed.
on
ORDERED on the motion of Councillor Thomson, seconded by Councillor Mayes
that the report be approved as recommended.
Carried Unanimously
Background
January 25, 2010
Council Minutes
PD- 2010 -09 -AM- 2009 - 004 - Official Plan and Zoning By-Iaw AmendmentApplication.
6570 Frederica Street and Frederica Street ( North Side ). Future Residential Use of
Surplus City Land. Applicant: City of Niagara Falls.
The Director of Planning and Development reviewed the recommendations and
provided the following information.
The City- initiated application is to change the Official Plan designation and zoning on
Parcels 1 and 2 to allow future residential development.
Parcel 1 is 1.2 ha (3 ac) and Parcel 2 is 3,130 sq m (33,692 sq ft).
These lands contain the Stamford and Jack Bell arenas and associated parking lots that
have been declared surplus by the municipality and will be offered for sale. The existing
Prince Edward Park is to remain.
The matter was first presented to Council in July 2009. At that time staff were
recommending Parcel 1 be rezoned to Residential Single Family and Two Family zone
(R2) the same zone that applies to the surrounding residential Tots. This would have
allowed Parcel 1 to be developed with single detached, duplex and semi - detached
dwellings.
Council deferred the matter and directed staff to prepare a development concept for multi
family dwellings on Parcel 1 and consult with the neighbouring residents. A concept plan
for 33 dwelling units was presented to neighbours at an open house on December 7, 2009.
Planning Analysis
Provincial Policy and Regional Policy Plan
The subject properties are located within the Urban Area Boundary and within the Built -up
area. Both Provincial and Regional policies promote the provision of a mix of compatible
housing and the efficient use of land and services within the built area.
Because the current land use and the close proximity to Hwy 420, several studies including
noise and environmental site assessments will have to be undertaken before the lands can
be developed for residential purposes.
Neighbourhood Open House
Open House was held on December 7, 2009
Three neighbours attended and made the following requests:
► a portion of lands along north side of Cook St be retained as parkland;
► Improvements to the playground equipment
► if sewers and water lines would support the development
Documentation of the Heritage Value of the Arenas
Prior to the sale of the land demolition of the buildings a photographic /video record of the
arenas should be undertaken.
Official Plan
Parcel 1 is currently designated Open Space in the OP reflecting its current use for
recreation.
Parcel 2 is designated Residential indicating that it can be developed for housing.
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Given that there is sufficient parkland in the Planning District to serve area residents, the
highest and best alternative use of Parcel 1 is for residential purposes and therefore the
designation should be changed accordingly.
The OP encourages compatible infill developments that contribute to the City's supply of
housing units and make efficient use of existing services.
The lands are located along a collector road (Frederica St) which permits development of
multiple unit dwellings, including townhouses and low rise apartment dwellings. The
proposed development will contribute to the City's housing supply without the need to
extend municipal services.
Zoning
Both Parcel 1 and 2 are zoned Open Space.
Parcel 1 zoning is proposed to be changed to a site specific Residential Low Density,
Grouped Multiple Dwellings (R4) zone to permit the pr operty to be developed for
townhouses.
The proposed R4 zone on Parcel 1 would allow a more efficient use of urban lands through
townhouse development rather than single or semi-detached Tots. The height and massing
of the proposed townhouses are compatible with the surrounding dwellings. Adequate
landscaping would further compatibility with the surrounding neighbourhood.
Sufficient transportation and servicing infrastructure are available to serve the
development.
The standard R4 zone permits townhouses and apartments. A site specific R4 zone is
recommended to limit the site's development to townhouses.
The development concept has been designed with most of the units oriented toward and
internal and private driveway to minimize the number of driveways to Frederica or Cook St.
In order to allow the flexibility of having townhouse units front onto Frederica St. with
garages in the rear yard, the amenity areas for these units can be provided on their interior
side.
Parcel 2 zoning is proposed to be changed to a site specific R4 zone which will permit the
property to be developed for one family detached, semi - detached and duplex dwellings or
an apartment dwelling. The site specific zone will combine the permitted uses and
standards of both the R2 and R4 zone and is intended to provide development options.
The usable depth of Parcel 2 is limited by MTO's 14m setback from Hwy 420. As such,
a small, low rise apartment may be the best option for the site. Based on the minimum lot
area provisions of the R4 zone, the parcel would permit a maximum 15 unit apartment.
Alternatively, single or semi - detached homes could be constructed on the land based on
the regulations contained in the R2 zone. The parcel could contain approximately 7 lots for
single- detached units or 5 semi - detached lots (10 dwellings).
An Environmental Site Assessment and Record of Site Condition will be required for the
arena site prior to future residential development.
A noise study is required for Parcels 1 and 2 to address possible issues including any
warning clauses or construction requirements to mitigate highway noise.
Conclusion
The Official Plan and Zoning By -law amendment can be approved for the following
reasons:
► The proposal is consistent with Provincial, Regional and City planning policies which
promote the provision of a mix of compatible housing and the efficient use of land
and infrastructure.
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Council Minutes
► The application of holding provisions to the lands will ensure any environmental
concerns on the arena site are addressed and any noise impacts from Highway420
are mitigated prior to development.
Recommendation
That Council approve the Official Plan and Zoning By -law amendment application to
redesignate and rezone Parcel 1 Residential and a site specific Residential Low Density,
Grouped Multiple Dwellings (R4) zone respectively and rezone Parcel 2 a site specific
Residential Low Density, Group Multiple Dwellings (R4) zone that also permits the uses
allowed by the Residential Single Family and Two Family zone (R2).
That holding (H) provisions be applied to the lands to ensure environmental and noise
issues are addressed prior to development.
Greg Black, 5517 Prince Edward Avenue, expressed his concern with the number
of units being proposed for this area. He stated that the area currently has four
entertainment establishments in the area and believes this will be troublesome for the
neighbourhood. Mr. Black didn't want to see the loss of so many trees.
ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that
the report be approved with an amendment that the garage requirement be revised in the
by -law.
Carried Unanimously
BUDGET MATTERS
Mayor Salci stepped down and Councillor Pietrangelo took the Chair for the
Corporate Services Meeting.
The Chief Administrative Officer provided Council with an update on the 2010
Budget.
ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that
staff prepare a line by line breakdown of all discretionary spending.
Carried Unanimously
ORDERED on the motion of Councillor Fisher, seconded by Councillor Kerrio that
St. John's Ambulance Water Patrol Program be moved over to the Fee for Service chart.
Carried Unanimously
ORDERED on the motion of Councillor Fisher, seconded by Councillor Kerrio that
Niagara Falls Badminton Tennis Club be moved over to the Fee for Service chart.
Motion Carried
with Councillors Fisher, Thomson, Wing and loannoni opposed.
ORDERED on the motion of Councillor Fisher, seconded by Councillor Kerrio that
Niagara Falls Lawn Bowling Club be moved over to the Fee for Service chart.
Carried Unanimously
ORDERED on the motion of Councillor Fisher, seconded by Councillor Kerrio that
Niagara Falls Summer Swim Lessons be moved over to the Fee for Service chart.
Carried Unanimously
ORDERED on the motion of Mayor Salci, seconded by Councillor Kerrio that the fee
of service groups be referred back to appropriate staff for further review with the
organizations.
Carried Unanimously
ORDERED on the motion of Councillor Kerrio, seconded by Mayor Salci that staff
come back with more input on short term solutions on the 2010 budget impacts.
Carried Unanimously
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Council Minutes
9:55 p.m. Corporate Services Meeting adjourned and Councillor Pietrangelo stepped down
as Chair.
MAYOR'S REPORTS, ANNOUNCEMENTS
Mayor Salci offered sincere condolences to Fire Chief Lee Smith and Dale Morton,
city employees, on the loss of their father, Patrick Smith. Sharon Shearing, Chairman of
our Municipal Heritage Committee recently passed away.
Mayor Salci advised of some recent events: Meeting with the Province's Standing
Committee on Finance and Economic Affairs for a pre- budget consultation took place this
morning; round table discussion with local mayors and stakeholders took place regarding
the federal governments upcoming budget.
Mayor Salci advised if the Public Information Sessions being hosted by GO Transit
regarding the future expansion of rail service to the Niagara Peninsula. There will be Public
Information Sessions being held on Wednesday, January 27 6p.m.- 9:00p.m. at Market
Square in St. Catharines; February 3 6 -9 p.m. at Club Italia in Niagara Falls and Thursday
February 4 6 -9p.m. at the Casablanca Winery Inn in Grimsby. The Mayor also reminded
everyone of the 6 Annual Mayor and Council's Chili Cook -Off taking place on February
2 at the Optimist Hall beginning at 11:30 a.m until 2:00 p.m.
Mayor Salci indicated that Hasbro, the manufacturers of the board game Monopoly
is planning to create a uniquely Canadian edition. Niagara Falls is featured as one of
Wildcard entries. Residents are encouraged to support Niagara Falls by casting your vote
on line.
ORDERED on the motion of Councillor Diodati, seconded by Councillor loannoni
that a link be placed on the City's website, Niagara Falls Tourism and the WFOL website's
to support Niagara Falls in the Canada Famous Cities.
Carried Unanimously
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1 Heritage Week - A request that February 15 -21, 2010 be proclaimed as " Heritage
Week 2010 ".
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that
the communication be approved as recommended.
Carried Unanimously
2. Heart & Stroke Flag Raising - The Heart and Stroke has requested a Flag Raising
for January 28 2010 at 11:00a.m. to recognize February at "Heart Month" in the
City of Niagara Falls.
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that
the communication be approved as recommended.
Carried Unanimously
3. Regional Municipality Bicycling Committee - Proposed priority actions and
revised Terms of Reference
RECOMMENDATION: For the Information of Council
ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that
the communication be approved as recommended.
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Council Minutes
REPORTS
Carried Unanimously
RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS
ORDERED on the motion of Councillor loannoni, seconded by Councillor Maves
that the actions taken in Community Services Committee, on January 25, 2010 be
approved.
Carried Unanimously
1. The minutes of the December 14, 2009 meeting be approved.
2. MW- 2010 -03
Mewburn Road Bridge - ( Mewburn Road - Concession 6 Road)
1. That staff be directed to pursue funding assistance for the demolition and
replacement of the Mewburn Road Bridge and further that By -Law No.2009-
172 be amended to restrict access to the structure by all users. In addition,
staff be directed to install signage and barriers that will preclude any physical
access to the structure and that notice of this decision be given to the
property owners, CN Rail, Canadian Transportation Agency and the Town
of Niagara -on- the -Lake.
2. That Mr. Iseppon's comments be referred to staff to investigate ownership
and cost sharing for replacement of the rail bridge.
3. MW- 2010 -01
Tender #2009 - 179 -06 Downtown, Infrastructure Revitalization - Phase 1
1) The contract be awarded to the lowest bidder Peter's Excavating Inc. at the
tendered price of $1,691,354.40.
2) That the Mayor and City Clerk be authorized to execute the necessary
contract documents.
4. MW- 2010 -06
Sidewalk Winter Maintenance
Service Requests and Policy Review
1) It is recommended that Sidewalk Beat 6 be revised to include the short
section of municipal sidewalk on McLeod Road between St. Michael's
Secondary School entrance and St. Michael Avenue.
2) That staff investigates the implementation of a Citywide Sidewalk
Maintenance By -Law and the cost of clearing the Millennium Trail for
Council's consideration later this year.
5. TS- 2010 -13
St. Clair Avenue Tourist Bus Loading Zone
That the tour bus loading /unloading zone on the east side of St. Clair Avenue
between Huron Street and Queen Street be reinstated to reflect 2 hour parking
between 9am -5pm, Mon -Fri, with No re- parking within 5 hrs of initial parking.
6. TS- 2010 -02
Park Street — Traffic Operations Review
1) That an all -way stop control is installed at the intersection of Park Street and
Crysler Avenue.
2) That staff request the NRP speeding reports and investigate a possible
second all -way stop along Park Street.
7. TS- 2010 -03
Forestview Boulevard and Kalar Road
Traffic Operations Review
That an all -way stop control is installed at the intersection of Forestview Boulevard
and Parkside Road.
8. TS- 2010 -04
Kalar Road — Parking & Bicycle Lane Review
9. TS- 2010 -06
McLeod Road — Speed Limit Review
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Council Minutes
That the "no parking anytime" restriction on the west side of Kalar Road between
McGarry Drive and McLeod Road be maintained.
That the speed limit on McLeod Road between Parkside Road and Garner Road is
reduced to 50 km /h.
10. TS- 2010 -08
Authority for the Temporary Installation of Regulatory Signs
That by -law 89 -2000 (A by -law regulating parking and traffic on City roads)
appearing on tonight's agenda be approved.
11. PRC- 2010 -01
Proposed 2010 Cemetery Fee Schedule
1) That the 2010 Cemetery Fees be approved effective March 1, 2010.
2) That the 2010 Cemetery Fee Schedule be forwarded to the Ministry of
Consumer and Commercial Relations, Cemeteries Branch, for review and
approval.
3) That staffs continue to review revenue opportunities and operating
efficiencies of cemetery services in 2010; and that staff report back to
Council on options and potential directions to further reduce the annual
operating subsidy.
12. PD- 2010 -03
Commercial Building & Facade Improvement Application
5841 -5845 Ferry Street
Hillside Holdings Inc. (Emidio Maroti and Peter Conte)
1) That Committee support the approval of the Commercial Building and
Facade Improvement Grant for 5841 -5845 Ferry Street subject to the owners
satisfying all the program requirements including all necessary City permits
and entering into an agreement with the City.
2) That the Mayor and Clerk be authorized to execute the grant agreement.
13. PD- 2010 -04
Commercial Building & Facade Improvement Application
5894 -5900 Main Street
1302771 Ontario Ltd. (Adam Newington)
1) That the Commercial Building & Facade Improvement Grant Application for
5894 -5900 Main Street be approved subject to the owner satisfying all the
program requirements including the requirements of City permits and
entering into an agreement with the City.
2) That the Mayor and Clerk be authorized to sign and execute the grant
agreement.
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Council Minutes
14. PD- 2010 -07
Commercial Building & Facade Improvement Applications
5769 Ferry Street
2211257 Ontario Inc. (Chris Rudan)
1) That Committee support the approval of the Commercial Building
Improvement Grant for 5769 Ferry Street subject to the owner satisfying all
the program requirements including all necessary City permits and entering
into an agreement with the City.
2) That the Mayor and Clerk be authorized to execute the grant agreement.
15. That staff prepare a report on Sinnicks Avenue rear yard flooding and attempt to
have a meeting with parties involved.
RATIFICATION OF IN CAMERA COMMITTEE RECOMMENDATIONS
ORDERED on the motion of Councillor loannoni, seconded by Councillor
Pietrangelo that the recommendation from the "In Camera" meeting on January 25, 2010
be approved.
1. That staff be directed to continue discussions with the Optimist Club, regarding the
Club's future, within the City's current budget constraints; and that staff report back
to Council; and
2. That the recommendations regarding fire administration salary compression be
approved.
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.
CD- 2010 -01- Location of Standing Committee Meetings. The report recommends that
Council receive the information and continue the practice of holding Community Services
and Corporate Services meetings in Committee Room # 2 prior to the regular Council
meeting.
F- 2010 -01 - Major Receivables Monthly ( November). The report recommends that
Council receive the Monthly Tax Receivables report for information purposes.
F- 2010 -02 - Municipal Accounts The report recommends that Council approve the
municipal accounts totalling $30,997,675.84 for the period November 26, 2009 to January
6, 2010.
F- 2010 -03 - 2010 Interim Tax Levy. The report recommends that Council approve the
2010 Interim Tax Levy calculation and by -law providing for the 2010 Interim Tax Levy.
F- 2010 -04 - Major Receivables Month (December). The report recommends receive the
Monthly Tax Receivables report for information purposes.
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Council Minutes
F- 2010 -05 - Borrowing By -Law The report recommends that the City Council approve:
i) the borrowing, if necessary, of up to a maximum sum of $24,000,000 for current
expenditures and ii) the annual borrowing by -law.
F- 2009 -06 - Schedule of Fees The report recommends that the Schedule of Fees By -law,
listed under the by -law section of the agenda, be approved.
F- 2009 -09 - 2009 Sleep Cheap Event The report recommends that Council approve the
payments to the various recipients of this years Sleep Cheap event.
IS- 2010 -01 - AGL On -site CarteGraph Implementation Services The report
recommends that Council approve an upset limit of $75,000 for the contracted service from
AGL, with the financing to come from special purpose reserves.
L- 2010 -01 - Boys & Girls Club of Niagara Lease Agreement The report recommends
that the City enter into a Lease Agreement with the Boys' & Girls' Club of Niagara with
respect to the lease of the premises located at 6681 Culp Street, Niagara Falls (the
"demised premises ") and that the Mayor and Clerk be authorized to execute said Lease
Agreement.
MW- 2010 -04 - Fernwood Watermain Standard Pipe CN Crossing Agreement The
report recommends that the Mayor and Clerk be authorized to execute an Agreement
between the City and the Canadian National Railway Company for the construction of a
200mm diameter watermain on Lundy's Lane required to service the Fernwood (Phase 2)
Plan of Subdivision.
MW- 2010 -05 - Kalar Road Sanitary Sewer Construction - Phase Paddock Trail Drive
to Kalar Road Pumping Station. The report recommends contract be awarded to the
lowest bidder Baiocco Construction at the tendered price of $4,087, 595.80 and that the
Mayor and City Clerk be authorized to execute the necessary contract documents.
PD- 2010 -08 - PLC - 2009 -02, Request for Removal of Part Lot Control, Registered Plan
59M -354 Glavcic Drive, Armelina Crescent & Desanka Avenue. The report
recommends:
1. That Council approve the request and pass the by -law included in tonight's agenda
to designate Lots 186 -213 (Inclusive), Registered Plan 59M -354, as exempt from
Part Lot Control.
2. That the owner be given four years to create the new parcels and notify the City
when the separate deeds have been registered.
3. That staff register the Part Lot Control by -law after all servicing matters identified in
this report are addressed to the satisfaction of Municipal Works.
TS- 2010 -10 - Transit Farebox Replacement The report recommends that Council
approve the purchase of replacement Transit fareboxes with the lowest bidder Fare
Logistics; and that the Mayor and City Clerk be authorised to enter into an agreement to
purchase.
TS- 2010 -11 - Contract Renewal - Canadian Corps. The report recommends that Council
approve a one year extension to the Canadian Corps of Commissionaires (Hamilton)
contract for the supply of Parking Control Services, School Crossing Program
Administration and Security Services; and that the Mayor and City Clerk be authorized to
sign the extension.
TS- 2010 -12 - Toys for Tickets 2009. The report recommends that the Toys for Tickets
program be continued in 2010.
ORDERED on the motion of Councillor loannoni, seconded by Councillor
Pietrangelo that the reports on the Consent Agenda be approved as recommended.
Carried Unanimously
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Council Minutes
RESOLUTIONS
NO.1 - IOANNONI - MAVES - therefore be it resolved that Niagara Falls City Council
endorses and supports the submission of the Montrose Business Park Extension Project
for Intake Two of the Community Adjustment Fund.
Carried Unanimously
NO. 2 - FISHER - MAVES - therefore be it resolved that Niagara Falls City Council
endorses and supports the submission of the Warren Creek Channelization Project for
Intake Two of the Community Adjustment Fund.
Carried Unanimously
NO. 3 - MAVES - THOMSON - therefore be it resolved that Niagara Falls City Council
requests The Regional Municipality of Niagara to issue debentures in accordance with the
terms and amounts set out below, and further, that the City confirms that it has entered into
a contract for or authorized the commencement of all works herein listed.
Motion Carried
with Councillors Wing, loannoni and Pietrangelo opposed
2010 -06
2010 -07
BY -LAWS
The City Clerk will advise of any additional by -laws or amendments to the by -laws
listed for Council consideration.
2010 -01 A by -law to amend By -law 2002 -197, the Live Adult Businesses By -law
2010 -02 A by -law to provide for the adoption of Amendment No. 92 to the City of
Niagara Falls Official Plan. (OPA No. 92)
2010 -03 A by -law to amend By -law No. 79 -200, to guide the development of the
Montrose Business Park on the Lands. (AM- 2009 -002)
2010 -04 A by -law to amend By -law No. 79 -200, to identify housekeeping changes to
the permitted locations of adult entertainment parlours and body rub parlours
in the City of Niagara Falls. (AM- 2009 -002)
2010 -05 A by -law to establish part of Lot 76 being Parts 1, 2, 3, 4 & 8 on Reference
Plan 59R -14149 as a public highway, to be known as and to form part of
Fourth Avenue.
A by -law respecting sick leave, pensions and other benefits for employees.
A by -law to amend By -law No. 2005 -186, which amended By -law No. 79-
200, to remove the holding symbol (H) on the lands on the south side of
McLeod Road, east of Garner Road, to allow the construction of a
recreational facility. (AM- 39/2004)
2010 -08 A by -law to designate Lots 186 -213 (inclusive), Registered Plan 59M -354,
not be subject to part lot control. (PLC- 2009 -002)
2010 -09 A by -law to amend By -law No. 79 -200, to recognize existing cabins
associated with a motel and to reduce the lot frontage of a residential lot.
(AM- 2009 -018)
2010 -10 A by -law to amend By -law No. 79 -200, to permit the development of a semi
detached dwelling on the Lands. (AM- 2009 -021)
2010 -11 A by -law to amend By -law No. 79 -200, to permit a one family detached
dwelling on the land to be used as a cottage rental dwelling. (AM- 2009 -022)
2010 -12 A by -law to amend By -law No. 79 -200, to permit a one family detached
dwelling on the land to be used as a cottage rental dwelling. (AM- 2009 -022)
2010 -13 A by -law to authorize temporary borrowing.
2010 -14
2010 -15
2010 -16
- 14 - January 25, 2010
Council Minutes
A by -law to provide an interim levy of realty taxes.
A by -law to provide for appointments to certain Boards, Commissions and
Committees.
A by -law to amend By -law No. 80 -114, being a by -law to designate private
roadways as fire routes along which no parking of vehicles shall be
permitted.
2010 -17 A by -law to fees and charges for various services, licences and publications
for the City of Niagara Falls.
2010 -18 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City Roads.
2010 -19 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City Roads. (Stop Signs at Intersections, Yield Signs at
Intersections).
2010 -20 A by -law to amend By -law 89 -2000, being a by -law to regulate parking and
traffic on City Roads. (Limited Parking, Loading Zones)
2010 -21 A by -law to authorize the payment of $30,997,675.84 for General Purposes.
2010 -22 A by -law to temporarily restrict the public right of passage over a highway.
2010 -23 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 25 day of January, 2010.
Sleep Cheap Charities Reap
Councillor Diodati advised Council that on February 4 at 9:30, hoteliers have been
invited to the Best Western Cairn Croft where cheques will be presented to the charities.
This year sleep cheap raised $115,000.
Local Industry
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that Council support and encourage the use of local suppliers.
Transportation Steering Committee
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that Councillor Debbie Zimmerman be invited to a future Council meeting.
Motion Carried
with Councillors Pietrangelo and Diodati opposed.
DEAN IORFI
NEW BUSINESS
Carried Unanimously
ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes
that the meeting be adjourned at 10:55 p.m.
Carried Unanimously
gu-
, CITY CLERK R.T. (TED) SALCI, MAYOR