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2006/02/20THIRD MEETING REGULAR COUNCIL MEETING ADOPTION OF MINUTES DEPUTATIONS /PRESENTATIONS Council Chambers February 20, 2006 Council met on Monday, February 20, 2006 at 7:00 p.m. for the purpose of considering Regular Business matters. All members of Council, with the exception of Alderman loannoni, Volpatti and Wing, were present. Alderman Jim Diodati offered the Opening Prayer. Mayor Salci advised that Alderman Janice Wing would now be on reduced duties for medical reasons associated with maternity. ORDERED on the motion of Alderman Campbell, seconded by Alderman Morocco that the minutes of February 6, 2006 be approved as printed Motion Carried Mayor's Youth Advisory Committee Patricia Dunn (Chair) and Monica Blaylock (Vice- Chair), Mayor's Youth Advisory Committee made a brief presentation to Council outlining the Committee's activities to date and advised of some upcoming events. They expressed their appreciation to Council for their continuous support. Mayor Salci indicated that the Mayor's Youth Advisory Committee has been nominated for a Community Leadership Award, also one of the committee members will be attending the Rotary Club's Adventure in Citizenship Program in Ottawa. MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci advised that a letter of condolence was sent to the family of the late Julie Hart, wife of Bryan Hart. Mayor Salci advised of some recent events: the Big Brothers Big Sisters Bowl for Kids Sake and the Community Kitchen Annual Fundraiser. Upcoming events mentioned were the Annual Tender Wishes Fundraiser and the Niagara Falls Chamber of Commerce's Outstanding Achievement Business Awards. Mayor Salci advised that today was Federal Heritage Day and the winner of the Niagara Falls Most Notable contest, sponsored by the Board of Museums is George Bukator. 2 February 20, 2006 Council Minutes COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. The Fresh Air Fund request that March 20, 2006 be proclaimed as "Fresh Air Fund Day" in the City of Niagara Falls RECOMMENDATION: For the Approval of Council ORDERED on the motion of Alderman Kerrio, seconded by Alderman Morocco that the communication be approved. Carried Unanimously 2. Ministry of Transportation Dedicated Gas Tax Funds for the Public Transportation Program. RECOMMENDATION: Council pass the by -law on tonight's agenda. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco that the communication be approved. Carried Unanimously 3. Niagara Health System Correspondence from the Chairman and President and C.E.O. regarding their organization's deputation of February 6 2006. RECOMMENDATION: For the information of Council ORDERED on the motion of Alderman Morocco, seconded by Alderman Diodati that the communication be received and filed. Carried Unanimously REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati that the actions taken in Community Services, on February 20 2006 be approved. Carried Unanimously 1) That the minutes of the February 6, 2006 meeting as amended be approved. 2) That a "No Heavy Vehicle" restriction at all times be installed on Robinson Street between Main Street and Allendale Avenue. 3) That parking be prohibited at all times on the west side of Confederation Avenue between Thorold Stone Road and Crawford Street. 4) That staff be directed to proceed with the installation of permanent traffic signals at the intersection of Victoria Avenue and the Niagra River Parkway in cooperation with the Niagara Parks Commission, and further that the ownership of the existing storm outlet for Victoria Avenue be secured via an easement through Niagara Parks Commission lands. 5) That staff prepare a report on the site plan for the plaza on Thorold Stone Road and Confederation Avenue. 3 February 20, 2006 Council Minutes RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Alderman Morocco that the actions taken in the Corporate Services Committee, on February 13 2006 be approved. Carried Unanimously 1. That the minutes of the January 16 meeting be adopted as recorded. 2. That the proposal from the Boys and Girls Club of Niagara be referred to staff for their recommendations. 3. That the deductible levels for the General Insurance Policy as they relate to automobile, property, boiler and machinery, be maintained for the 2006 year. 4. That Report F- 2006 -12 Regional Taxes, be received for information. 5. That the request from the Willoughby Volunteer Fire Fighters Association for an interest -free loan for fire hall improvements be referred to Staff. 6. That the correspondence from resident Wendell Palmer expressing concerns with the Humane Society, be received and filed. 7 That Council be provided with a copy of Report PD -93 -126 on the Community Impact Agreement. 8. That the CliftonNictoria intersection go back in the 2007 debentures. 9. That the Rail Grade Separation for Morrison Street go back in the 2007 debentures. 10. That the amount of $48,964 be restored to the social agencies of Heart Niagara, GNGH Foundation, Project Share, Women's Place and YWCA. 11. That the 2006 Budget be referred back to staff for further review. 12. WHEREAS the Downtown Community Improvement Plan (CIP) was approved by Niagara Falls City Council (Council) on December 6, 2004 and by the Ministry of Municipal Affairs and Housing on March 11, 2005; and WHEREAS the CIP stands on its own merits but also contains a synthesis of three previous reports: background and vision report (November 2003), land use and urban design framework (April 2004) and financial incentive programs (April 2004); and WHEREAS Council reaffirms the finding set forth in the CIP that "downtowns are the functional and symbolic heart of the community." (pg. 1); and WHEREAS Council also reaffirms the finding set forth in the CIP that "a healthy, viable downtown is important to the economic health, civic pride and history of a community." (pg. 1); and WHEREAS Council reaffirms the finding of the CIP that "a strong downtown increases the options and opportunities for residents to obtain goods and services." (pg. 1); and WHEREAS Council reaffirms the finding of the CIP that "a strong and vibrant downtown is also a symbol of a city which is earing and concerned about its health and its desire to create a high quality of life." (pg. 1); and WHEREAS Council reaffirms the finding of the CIP that "the need to revitalize downtown Niagara Falls is clear and desirable." (pg. 1); and 4 February 20, 2006 Council Minutes WHEREAS Council reaffirms the finding of the CIP that "the City will have a significant role to play in designing and building the public realm to support this urban lifestyle and in attracting private sector investment to achieve the transformation of Downtown Niagara Falls." (pg.35); and WHEREAS Council reaffirms the commitment set forth in the CIP that "the City will undertake a variety of public realm improvements to serve as a catalyst for redevelopment and to make Downtown a livable neighbourhood." (pg. 45); and WHEREAS Council reaffirms the goal set forth in the CIP "to look beyond Downtown for new redevelopment partners and investors." (pg. 76) THEREFORE BE IT RESOLVED that Staff should develop a protocol to enter into negotiations with potential redevelopment partners and investors who have or may present themselves; and FURTHER BE IT RESOLVED that City Staff is encouraged to get input from Council throughout the process so that Staff is aware of Council's concerns; and FURTHER BE IT RESOLVED no negotiation by Staff, on behalf of the City, shall be final or binding unless and until approved by Council. 13. That the next Budget Meeting be scheduled for February 20, 2006, at 6:00 p.m. In the Council Chambers. ORDERED on the motion of Alderman Campbell, seconded by Alderman Pietrangelo that the actions taken in Corporate Services Committee, earlier this evening be approved. Carried Unanimously 1. That the minutes of the February 13' meeting be adopted as amended. 2. That the business plan submitted by Niagara Falls Tourism be approved along with the allocating of the OPG funds as identified in the Niagara Falls Tourism plan. 3. That Staff investigate the funding of the Winter Festival of Lights. 4. That BMA Management Consulting be engaged to develop a Future Trend Analysis, Policy Review and Financial Policy Planning Session at a total cost of $18,000 plus applicable taxes. 5. That the correspondence from Ontario Power Generation be received for information. 6. That the amount of $178,000 for the park crew be put back into the budget funded by reserve funds. 7. That the approval of the General Operating and Capital Projects Budgets, be deferred to the next budget meeting. 8. That the Municipal Utilities Budget be approved. 5 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, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. CD- 2006 -02 Municipal Voter View (M.V.V.) Memorandum of Understanding with DataFix. It is recommended that the Mayor and Clerk be authorized to sign the memorandum of understanding with DataFixforthe Municipal VoterView (M.V.V.) Product. F- 2006 -13- 2006 Major Receivables Year End Report. It is recommended for the information of Council. F- 2006 -14 Cancellation, Reduction or Refund of Taxes under Section 357 and 358 of the Municipal Act. It is recommended that the cancellation, reduction or refund of taxes on the various accounts per attached summary be approved and granted to the property owners listed. F- 2006 -15 Sewer Consumption Rebate Summary. It is recommended for the Information of Council. MW- 2006 -21 Montrose Business ParklWarren Creek Stormwater Management Works Consulting Engineering Services. It is recommended that Council engage the services of Philips Engineering Ltd. to complete the detailed design of Stormwater Management Facility "E the Functional Grading Plan for the Montrose Business Park and the design of Culverts 8 and 9 as proposed in the Warren Creek Watershed Master Plan at an estimated fee of $55,500 (excluding GST) and that Council authorizes the Mayor and City Clerk to sign a agreement with Philips Engineering Ltd. PD- 200618 Background on the Downtown Community Improvement Plan and Strategic Implementation Plan. It is recommended that Council receive this report. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Pietrangelo that the recommendations in the Consent Agenda be approved. Carried Unanimously BY -LAWS February 20, 2006 Council Minutes ORDERED on the motion of Alderman Pietrangelo and seconded by Alderman Diodatithattheby -laws be given a first reading. Carried Unanimously 2006 -31 A by -law to establish Part 3 on Reference Plan 59R -12985 as a public highway, to be known as and to form part of Mulhern Street. 2006 -32 A by -law to establish Parts 1 and 2 on Reference Plan 59R -12976 as a public highway, to be known as and to form part of Dunn Street. 2006 -33 A by -law to establish Part 3 in Reference Plan 59R -12976 as a public highway, to be known as and to form part of Ailanthus Avenue. 2006 -34 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. 6 February 20, 2006 Council Minutes 2006 -35 A by -law to establish Block 101 on Registered Plan 59M -315 as a public highway, to be known as and to form part of Parkside Road. 2006 -36 A by -law to establish Block 45 on Registered Plan 59M -340 as a public highway, to be know as and to form part of St. Michael Avenue. 2006 -37 A by -law to establish Block 48 on Registered Plan 59M -340 as a public highway, to be known as and to form part of St. Michael Avenue. 2006 -38 A by -law to establish Block 49 on Registered Plan 59M -340 as a public highway, to be known as and to form part of St. Michael Avenue. 2006 -39 A by -law to establish Block 50 on Registered Plan 59M -340 as a public highway, to be known as and to form part of St. Michael Avenue. 2006 -40 A by -law to establish Block 51 on Registered Plan 59M -340 as a public highway, to be known as and to form part of Upper Canada Drive. 2006 -41 A by -law to establish Block 52 on Registered Plan 59M -340 as a public highway, to be known as and to form part of Upper Canada Drive. 2006 -42 A by -law to establish Block 53 on Registered Plan 59M -340 as a public highway, to be known as and to form part of Upper Canada Drive. 2006 -43 A by -law to establish Block 54 on Registered Plan 59M -340 as a public highway, to be known as and to form part of St. Michael Avenue. 2006 -44 A by -law to authorize the execution of a memorandum of understanding with DataFix for the Municipal VoterView (M.V.V.) Services. 2006 -45 A by -law to amend By -law Nos. 395, 1966 and 79 -200, to put the property under By -law No. 79 -200 and provide regulations for tourist commercial and prestige industrial developments. 2006 -46 A by -law to authorize the execution of a letter of agreement with the Ministry of Transportation. 2006 -47 A by -law to amend By -law No. 2005 -60, being a by -law to regulate the supply of water and to provide for to maintenance and management of the waterworks and for the imposition and collection of water rates. 2006 -48 A by -law to provide for the collection of interim taxes and taxes from year to year and to remain in force until repealed. 2006 -49 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 20`" day of February, 2006. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati that the by -laws be read a second and third time and passes. Carried Unanimously ORDERED on the motion of Alderman Campbell, seconded by Alderman Diodati that the meeting be adjourned at 7:30 p.m. Carried Unanimously DEAN IORF�A, CITY CLERK R.T. (TED) SALCI, MAYOR