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2007/02/05DEAN IORFID,9(, CITY CLERK THIRD MEETING IN CAMERA MEETING Council met on Monday, February 5, 2007 at 6:00 p.m. in an In Camera Session All members of Council were present. Councillor Fisher presided as Chairman. Following consideration of the items presented, the In Camera Session did arise in open session. REGULAR COUNCIL MEETING ADOPTION OF MINUTES DISCLOSURES OF PECUNIARY INTEREST Committee Room 2 February 5, 2007 (2 R.T. (TED) SALCI, MAYOR Council Chambers February 5, 2007 Council met on Monday, February 5, 2007 at 7:20 p.m. for the purpose of considering Regular /Planning Business matter. All members of Council were present. Councillor Thomson offered the Opening Prayer. ORDERED on the motion of Councillor Thomson seconded by Councillor Fisher that the minutes of January 22, 2007 be approved as printed. Carried Unanimously Councillor Thomson indicated a pecuniary interest to cheque 308226 payable to himself. Councillor Wing indicated a conflict of interest with By -law 2007 -26 an amendment to an agreement with Niagara Parks Commission, an In Camera item relate to a property matter with the Niagara Parks Commission and a new business item, as her spouse is employed with the Niagara Parks Commission. Councillor Kerrio indicated a conflict of interest to Community Services Report BBS- 2007 -001, as it pertains to a business neighbour. He also declared a conflict on L -2007- 06, as he is a property owner in the area. 2 February 5, 2007 Council Minutes Councillor Diodati indicated a conflict of interest to Community Services Report BBS- 2007 -001, as an immediate family member is employed with the applicant. Mayor Salci indicated a pecuniary interest to cheque 308369 payable to himself. Strike Out Violence Tamara Coleman- Lawrie, Development Officer, of Women's Place of South Niagara Inc., addressed Council on the organization's annual bowling tournament which is being held on Friday March 2, 2007. Inspector Brian Eckhardt, Niagara Regional Police addressed Council on the Police's participation in the tournament and the good work done by Women's Place. ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes that Council submit a bowling team to support Women's Place of South Niagara. Carried Unanimously Duplication of Services DEPUTATIONS /PRESENTATIONS Regional Councillor Norm Puttick addressed Council on the duplication of services between the two municipal tiers of government. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that Council supports the current efforts to review roles and responsibilities of local business development departments and the Niagara Economic Development Corporation to ensure that duplication does not occur, especially in the area of tourism. Carried Unanimously PD- 2007 -08 Chief Administrative Officer Zoning By -law Amendment, AM- 05/2006, 7555 Montrose Road, Applicant: RRVP Niagara Square Inc. (RioCan), Agent: Farber, Folger, Rubinoff, Proposed Expansion Niagara Square Proposed Application: Increase gross leaseable floor area (GLFA) to 50,000 sq. m. Reduce the minimum parking requirements to 1 space per 20 sq. m. of GLFA Increase the lot coverage to 35% Reduce the building setbacks along McLeod Rd. for the proposed Canadian Tire store. Planning Analysis Official Plan PLANNING MATTERS Niagara Square designated Major Commercial OPA No. 60 permits Niagara Square to expand to 50,000 sq. m. Application conforms with the OP. A new Canadian Tire store is proposed, together with smaller retail and service commercial outlets. OP also seeks to retain the existing tree cover, where possible Given that most of the trees are intended to be removed, provision should be made for tree planting around the perimeter of the property. Zoning Conclusion 3 February 5, 2007 Council Minutes Zoned Planned Shopping Centre Commercial Permits a maximum GLFA of 44,150, Proposed Zoning Amendments Increasing the GLFA to 50,000 sq. m. is consistent with OP Reducing the minimum parking standard to 1 parking space for every 20 sq.m. has been supported by a parking traffic study Increasing the building lot coverage from 25% to 35% can be accommodated by the reduced parking standard. Reducing the minimum building setback to the property boundary along McLeod Rd from 18m. to 3m; for the Canadian Tire store is not recommended. At the very minimum a 6m. setback should be maintained as a planting strip which would also serve as a landscape buffer to screen the proposed Canadian Tire garden centre. 1. The requested amendment can be supported for the following reasons: it implements the maximum floor area cap of 50,000 sq. m. of GLFA established by the OP for Niagara Square; and the addition of the Canadian Tire store, along with the other smaller stores, will help to strengthen the Niagara Square node and assist in its function as a regional shopping destination. 2. Increasing the building setback from McLeod Road from the proposed 3 metres to 6 metres (19.7 ft) will be more consistent with surrounding development and provide room to effectively screen the garden centre. 3. A hold provision is recommended to be placed on the land until cost sharing for road improvements are determined and secured through the appropriate development agreements. RECOMMENDATION 1. That Council approve the Zoning Bylaw amendment application to permit the floor area of Niagara Square to be increased as anticipated by the City's Official Plan, a reduced parking standard, an increased lot coverage and reduced building setbacks to McLeod Rd., subject to the modifications outlined in this report; and 2. That the amending by -law include a holding provision (H) to remain in place until a development agreement is executed with the applicant, securing the appropriate share of off -site roadway improvement costs as determined by an ongoing functional corridor study for McLeod Rd. A request for deferral from Wood Bull, LLB who represent Oakwood Place Shopping Centre and Smart Centres Inc., was presented to Council The request was to defer the application until an improved traffic study and functional corridor study regarding McLeod Road is complete and cost sharing of the road improvements are determined. ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that the correspondence be received and filed, the public meeting commence and Council consider the recommendation report. Carried Unanimously 4 February 5, 2007 Council Minutes Jonathan Rubin, representing Canadian Tire Store, indicated that they are accepting of staffs recommendation for a 6m setback. He outlined the tree preservation efforts for the property. Joel Farber, RioCan, indicated that they are working with the City, Region and Ministry of Transportation to deal with the Mcleod Road issues. The public meeting was closed. ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the report be approved as recommended. John Mac Donald, CAO presented to Council an overview of the second proposal from Capital Sports which outlined key issues for a 30 year plan. The presentation also shows financial implications to the City. ORDERED on the motion of Councillor loannoni, seconded by Councillor Fisher that the In Camera sports related issue be ratified. 1. That Council turn down the latest Capital Sports (CSMI) proposal. 2. That Council not entertain the resubmitted proposal by JDS Delcor Inc. Councillor Diodati Councillor loannoni Councillor Maves Councillor Thomson Mayor Salci ORDERED on the motion of Councillor loannoni, seconded by Councillor Fisher that the City make the following counter -offer to Capital Sports: 1. Serviced city land with highway exposure on Montrose Road south of Niagara Square of 20 acres to a value of $2 Million be donated. 2. City invests $8 Million for capital funding for the project, waiving development charges and permit fees with the appropriate revenue stream to be worked out through negotiations. 3. The City assists Capital Sports in securing additional dollars from other levels of government. 4. The City facilitates meetings with various stakeholders including BIA's and other interested investors. 5. That the counter offer is Council's final position and that CSMI has seven (7) days to respond. Councillor Diodati Councillor loannoni Councillor Maves Councillor Thomson Mayor Salci CAPITAL SPORTS MANAGEMENT PROPOSAL AYE AYE AYE AYE AYE AYE AYE AYE AYE AYE Councillor Fisher Councillor Kerrio Councillor Pietrangelo Councillor Wing Councillor Fisher Councillor Kerrio Councillor Pietrangelo Councillor Wing Carried Unanimously AYE AYE AYE AYE Carried Unanimously AYE AYE AYE AYE Carried Unanimously 5 February 5, 2007 Council Minutes ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that staff report on the economical and financial benefits to update the twin pad project to a four -plex. Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that staff bring back a report on the possibility of a policy for Council to deal with unsolicited offers. Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati to allow a representative of Capital Sports to speak. Carried Unanimously Cyril Leeder, Capital Sports, indicated that he was prepared to answer any questions Council may have. He appreciated that the City responded promptly and his group will look at the offer presented by Council. APPOINTMENT MATTERS Council took a recess at 8:50 to allow the Councillors to vote on the on the various citizen appointments for advisory committees and boards. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that Bill Matson and Trent Dark count the ballots. Council resumed at 9:10 MAYOR'S REPORTS, ANNOUNCEMENT Carried Unanimously Mayor Salci expressed condolences to the family of Gord Harry, former Mayor of Wainfleet. Mr. Harry is also the uncle to City employee Janet Kuipers. Condolences were expressed to the family of Cleveland Smith, uncle to Assistant Fire Chief Lee Smith and Dale Morton. Condolences were expressed to the family of Elsie Keddy, aunt to Rick Stokes and former Alderman Bruce Ward. Condolences were expressed to the family of Norman Hanna, uncle to Councillor Wayne Thomson. Mayor Salci reminded Council of the 3' Annual Mayor and Council's Chili Cook Off taking place February 6 at the Optimist Club Hall and on Saturday, February 17 the Big Brothers Big Sisters Bowl for Kid's Sake Tournament at Cataract Bowl. COMMUNICATION AND COMMENTS OF THE CITY CLERK 1. Congenital Heart Defect Awareness Week- Request that the week of February 7 14 th be proclaimed Congenital Heart Defect Awareness Week in the City of Niagara Falls. RECOMMENDATION: For the approval of Council ORDERED on the motion of Councillor Wing, seconded by Councillor Pietrangelo that the communication be approved. Carried Unanimously 6 February 5, 2007 Council Minutes 2. Ecoplan Limited the company be granted an exemption from the City's Noise By- law for improvements to Highway 405. RECOMMENDATION: That the City's Noise Control By -law (2004 -105) be amended to accommodate the request. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the communication be approved. Carried Unanimously APPOINTMENT MATTERS REPORTS 1. CD- 2007 -05 Citizen Appointments to Various Committees The report recommends: That Council vote on the various citizen appointments for advisory committees and boards. After a tabulation of votes, the following had a plurality of votes: The following individuals were ACCLAIMED to the Trails Bikeway Committee Tommy Anello Martin Berzins Tony Caruso Pat Chivers Dean Cruikshank Harvey Gordon Kelly Dickenson Deborah Kidd Glen Mercer Judy Quagliariello Robert Romanuk Lisa Wilson The following individuals were appointed to the Municipal Heritage Committee Donald F. Ede David Fotheringham Rashad Hindi Margaret Mingle April Petrie Kathleen Powell Sharon Shearing The following individuals were appointed to the Fence Viewers Committee Garry Beck Jacob (Jake) Hiebert Rudy Mascarin The following individuals were appointed to the Park In The City Committee Frances Berry Arlie DeGiuli Frank Fohr Janet Hassall Paisley Janvary-Pool J. Gus Koroneos Pat Mascarin Eloise Marie Schumacher Navin Shahani Venna Shahani 7 February 5, 2007 Council Minutes The following individuals were appointed to the Recreation Committee Paul Campigotto Dan Cummings Rob DeGiuli Enzo Della Marca Paisley Janvary-Pool Pat Mascarin Glen Mercer Rich Merlino Delphina Pietrangelo Joe Talarico Mick Wolfe The following individuals were appointed to the Committee of Adjustment Chuck Antonio Mark Cahill Jack L. Collinson Sam Iorfida Guy Prata The following were appointed to the Property Standards Committee John Anstruther Sam Larosa Anna Lee Joe Talarico The following individuals were appointed to the Niagara Falls Library Board Black McIntyre Renni Piscitelli Guy Prata Dr. Ken Smith Nancy Eidt Carman Dix Dino Fazio Michael Boris Kloss The following individuals were appointed to the Board of Museums Tony Caruso Margaret Dunn Dino Fazio John M. Harkness Marie E. Henry Don Jackson Margaret Mingle Daniel Rodrique Cord West The following individuals were appointed to the Court of Revision David Bartram Edward Kearns Rudy Mascarin The following individuals were appointed to the Arts Culture Committee Karen Akalu John Albanese Laurie Crain -Anez John M. Harkness Philomena McCracken Mark Matthews Michal Pasco Daniel Rodrique Dr. Shalini Shahani Brian Smylski George Vallo Cheryl Wyllie 8 February 5, 2007 Council Minutes ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo to accept the appointees with the plurality of votes for the various Boards. Carried Unanimously RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Councillor loannoni seconded by Councillor Mayes that the actions taken in Community Services, on February 5, 2007 be approved. Carried Unanimously with Councillors Kerrio and Didoati declaring conflicts on the Renaissance Fallsview Hotel Sign By -law Variance 1) The following items are to be ratified from tonight's meeting of the Community Services Committee: a) That the minutes of the January 22, 2007 meeting be approved. 2) REPORTS: a) That the transit operation be formally taken over by the City of Niagara Falls as part of it's administrative structure and; b) That the Niagara Transit Assessment of Current Operations by City Staff be received for the information of Council. That the Consultant's recommendations on the future of Niagara Transit Organizational Review Update be received for the information of Council. That the Puttick Freedom of Information Request of Niagara Transit be received for the information of Council. d) That Council be provided copies of the credit card statements from Niagara Transit from 1992 to present. d) That the Renaissance Fallsview Hotel Sign By -law Variance be allowed. e) That the recommendations outlined in the Corwin Avenue Traffic Operations Review be implemented. f) That a special Tree Branch Collection not be carried out. 3) NEW BUSINESS: a) That staff investigate and report on yearly parking passes for City residents. b) Staff request that the Region of Niagara reduce the speed limit on Bigger Road from Montrose Road to Moyer Road to 60 km /h and that staff request additional speed limit enforcement from the Niagara Regional Police. 9 February 5, 2007 Council Minutes RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Councillor Pietrangelo seconded by Councillor Diodati that the actions taken in Community Services, on February 5, 2007 be approved. Carried Unanimously 1) The following items are to be ratified from tonight's meeting of the Community Services Committee: 2) REPORTS: a) That the Human Resources Committee draft terms of reference be approved and that the Committee be formed for a one (1) year trial period. RATIFICATION OF "IN CAMERA" ACTIONS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the actions taken in the In Camera meeting, on February 5, 2007 be approved. Carried Unanimously with Councillor Wing declaring a conflict. Property Matter re: Part 8 on Reference Plan 59R -4660 a) That Part 8 on Reference Plan 59R -4460, be declared surplus and offered for sale and that any proposed purchaser pay for all costs associated with the sale. b). That Council direct that Part 8 on Reference Plan 59R -4460 should proceed to sale, by way of direct sale to The Niagara Parks Commission. 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. F- 2004 -04 2007 Interim Tax Levy It is recommended that Council approve the 2007 Interim Tax Levy calculation; and That Council approve the passing of a by -law providing for a 2007 Interim Tax Levy. F- 2007 -5 Municipal Accounts It is recommended that Council approve the municipal accounts totaling $3,095,923.21 for the period January 10, 2007 to January 23, 2007. L- 2007 -06 Permanently Close Part 2 on Reference Plan 59R -9107 File No. 2006 -432 It is recommended that Council authorize staff to proceed to permanently close Part 2 on Reference Plan 59R -9107 being a portion of an unused road allowance "road located west of Stanley Avenue and northwest of Portage Road. PD- 2007 -07 Matters Arising from the Municipal Heritage Committee It is recommended that Council proclaim the week of February 19 to February 25, 2007 as Heritage Week in the City of Niagara Falls as recommended by the Municipal Heritage Committee; and That Council adopt the attached listing of heritage properties within the City as the Register of Heritage Properties. R- 2007 -03 2007 Proposed Cemetery Fees It is recommended that the changes to the 2006 Cemetery Fees, as specified in the attached Cemetery Fee Schedule, be approved -10 February 5, 2007 Council Minutes effective March 1, 2007 and; That following City Council's approval, the 2007 Cemetery Fee Schedule be forwarded to the Ministry of Consumer and Commercial Relations, Cemeteries Branch, for review and approval. MW- 2007 -06 Tender 2007- 181 -06, Grassy Brook West Area Sanitary Sewer Construction, Lyons Creek Road and Montrose Road It is recommended that the unit prices submitted by the lowest tender Baiocco Construction Corp. be accepted and that the Mayor and City Clerk be authorized to execute the necessary agreement. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Wing that the reports be approved. Carried Unanimously with Councillor Kerrio declaring a conflict on Report L- 2007 -06 2007 -25 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be given a first reading. Carried Unanimously with Councillor Wing declaring a conflict on By -law 2007 -26. People Mover Project BY -LAWS A by -law to authorize a Transfer from The Corporation of the City of Niagara Falls to W.S. Walters Construction Limited for Part 1 on Reference Plan 59R- 9460 2007 -26 A by -law to authorize the execution of an Amendment to the Licence Agreement with The Niagara Parks Commission respecting the installation of a sign on the railroad bridge located on McLeod Road at Marineland Parkway, Niagara Falls 2007 -27 A by -law to provide an interim levy of realty taxes 2007 -28 A by -law to amend By -law No. 2004 -105, being a by -law to prohibit and regulate noise in the City of Niagara Falls 2007 -29 A by -law to authorize the payment of $3,095,923.21 for General Purposes 2007 -30 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 5 day of February, 2007 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be read a second and third time and passed. Carried Unanimously with Councillor Wing declaring a conflict on By -law 2007 -26. NEW BUSINESS ORDERED on the motion of Councillor Thomson, seconded by Council Fisher that staff report back on the status of the People Mover project and the possibility of the City selling surplus lands. Carried Unanimously with Councillor Wing declaring a conflict on By -law 2007 -26. Wet Macular Degeneration 11 February 5, 2007 Council Minutes ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that staff prepare a resolution to send to the Province regarding the lack of coverage for Wet Macular Degeneration treatment. Carried Unanimously Defibrillator at City Arena Councillor Fisher outlined the recent use of a defibrillator at Chippawa Arena by arena staff, most notably Bill Urqhart to save Bob Gibson, a hockey player using the facility. ORDERED on the motion of Councillor Fisher, seconded by Councillor Kerrio that a letter of appreciation be sent to the appropriate staff and their names be forwarded to the Recreation Committee for award consideration. Carried Unanimously Water Deposit for Tenants ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Wing that staff report on providing interest on water deposits to tenants. Carried Unanimously Water Responsibilities for Owners ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Wing that staff report on policies regarding tenants defaulting on water bills with property owners bearing responsibility and what is done in other municipalities. Smoking Shelters Carried Unanimously ORDERED on the motion of Councillor Diodati, seconded by Councillor loannoni that a letter be sent to M.P.P. Kim Craitor petitioning the Province to look at inequities for smoking shelters under the Smoke -free legislation. "An Inconvenient Truth" Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that a resolution be sent to MPP Craitor and Education Minister that it be mandatory for students to watch the documentary An Inconvenient Truth as part of the curriculum. Carried Unanimously ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that the meeting be adjourned at 9:50 p.m. Carried Unanimously �4 A-1,r; DEAN IORFIpA, CITY CLERK R.T. (TED) SALCI, MAYOR