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2007/05/14DEAN IORFII CITY CLERK TWELFTH MEETING IN CAMERA MEETING Committee Room 2 May 14, 2007 RESOLUTION NO. 13 WING PIETRANGELO that on May 14, 2007, Niagara Falls Council will go into a closed meeting to consider subject matters that fall under s. 239(2) of the Municipal Act, 2001. Council met on Monday, May 14, 2007 at 6:15 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, May 14, 2007 at 7:00 p.m. for the purpose of considering Regulars Business matters. All members of Council were present. Councillor loannoni offered the Opening Prayer. ADOPTION OF MINUTES R.T. (TED) SALCI, MAYOR Council Chambers May 14, 2007 ORDERED on the motion of Councillor Maves seconded by Councillor Pietrangelo that the minutes of April 30, 2007 be approved as printed. Carried Unanimously ORDERED on the motion of Councillor Pietrangelo seconded by Councillor Maves that the minutes of May 7, 2007 be approved as printed. DISCLOSURES OF PECUNIARY INTEREST Carried Unanimously Councillor Pietrangelo declared a pecuniary interest to cheque no. 309754 payable to his employer Niagara Catholic District School Board. Councillor Thomson declared a pecuniary interest to cheque no. 310534 payable to himself, the Order of St. Lazarus request and the Claws Paws In Camera ratification. 2 May 14, 2007 Council Minutes Councillor Kerrio declared a conflict of interest on Zoning By -law Amendment AM- 37/2006 as his business is in close proximity to the subject property and to Zoning By -law Amendment AM- 06/2007 as he deals with applicant's tour company. Mayor Salci declared a pecuniary interest to cheque no. 309942 and 310375 payable to himself. Mayor Salci also declared a conflict of interest on the Rotary Ribfest request, as he is a member of that organization. Seven Wonders of Canada DEPUTATIONS/ PRESENTATIONS Westlane Highschool student Becky Puddicombe was recognized for representing Niagara Falls in the CBC Seven Wonders of Canada contest. Council, along with the residents of Niagara Falls, are proud of Becky's efforts to promote Niagara Falls in CBC's contest. ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that staff be given a $2,500 budget to promote Niagara Falls in the Seven Wonders of Canada Contest. Niagara Falls Girls Hockey Provincial Champions Coach Tim Toffolo Assistant Coach Keith Osborne Trainer Chris Parker Manager Brent Kovach Manufacturing Matters Carried Unanimously Mayor Salci along with Chris Russell, President of the Niagara Falls Girls Hockey Association presented the Niagara Rapids Atom BB team each with a plaque for winning the gold medal at the Ontario Women's Hockey Association championship held in Mississauga. The team: Rachel Moss, Bridgette Neufeld, Lauren Cornelius, Emily Snook, Marquis Davoli, Meagan Wall, Alyssa Toffolo, Brianna Pietrangelo, Cierra McCarthy, Jaimie Chipman, Connor Maguire, Nicole Luciano, Bailey Osborne, Tara Haluka, Kandis Klipich, Jennifer Parker and Hollie Melter. Wayne Gates, President of CAW Local 199 Niagara Falls Labour Council made a presentation seeking Council's endorsement on a Resolution regarding the impact of lost manufacturing jobs. The Niagara area has lost 15% of its manufacturing jobs since 2000. This amounts to 35 plant closures and a loss of 5,952 jobs. The loss of these jobs affects the regional economy, infrastructure and the local tax base. No. 14 WING IOANNONI that Niagara Falls City Council calls on the Federal Provincial governments to take action in addressing the impact of manufacturing job loss across Canada by: Identifying the manufacturing industry as a strategic sector in Canada's economic development; and Undertaking a comprehensive review of the causes and consequences of manufacturing job loss; and Adopting a comprehensive and integrated set of economic, fiscal and monetary policies along with a framework for fair trade that will both strengthen domestic manufacturing ad protect manufacturing jobs; and Ensuring that all Canadian workers are protected in job loss through the improvements of bankruptcy laws, wage protection, pension protection and enhanced employment insurance benefits. Carried Unanimously 3 May 14, 2007 Council Minutes ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that staff report back on the status of the four year tax mitigation plan, encourage the Region to undertake a similar tax mitigation plan and have staff report back on the impact in the shift of the tax ratios. ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the Resolution item be moved forward. Carried Unanimously NO. 15 DIODATI IOANNONI that the Council of the Corporation of the City of Niagara Falls, as sole shareholder of Niagara Falls Hydro Holding Corporation, hereby approves of the Merger of the of the electricity distribution utilities of Holdco and Peninsula West Power Inc., to be called Niagara Peninsula Energy Inc, subject to the approval of the Ontario Energy Board; and FURTHER BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls, as sole shareholder of Niagara Falls Hydro Holding Corporation and Niagara Falls Hydro Inc., hereby authorizes Holdco and NFHI to enter into the required Merger Agreement, Municipal Co- operation Agreement, Shareholders Agreement, Amalgamation Agreement and required closing documents as necessary; and FURTHER BE IT RESOLVED that the Mayor and City Clerk be authorized to execute the Municipal Co- operation Agreement, a Shareholders Resolution, applicable Municipal Execution By -laws and any other documents that may be determined necessary to affect the Merger. Councillor Wing presided as Chair. with Mayor Salci declaring a conflict. RESOLUTIONS NOISE MATTERS Rotary Ribfest Carried Unanimously Carried Unanimously Mr. Robert Pacquette expressed to City Council the need for noise abatement at Optimist Park. The Ribfest brings three days of excessively loud music to the residents in the area. Mr. Pacquette explained how in the past he has attempted to have the noise issue resolved to no avail. A petition of the neighbours was presented to Council and he requested that the City have by -law enforcement presence the weekend of the event. Ms. Nancy Tkachuk of the Rotary Club of Niagara Falls Sunrise was present seeking an exemption to the City's Noise Control By -law to allow entertainment until 11:00 p.m. on June 15 -16 for the Annual Rotary Ribfest. Ms. Tkachuk explained how the Rotary Club is making changes to help resolve the noise issues of last year and will make herself available to staff and Council should a complaint come forward. ORDERED on the motion of Councillor Diodati, seconded by Councillor loannoni that the recommendation be approved. Carried Unanimously L- 2007 -21 Chief Administrative Officer Decibel Levels and Noise By -laws (File No. 2006 -251) It is recommended that staff investigate decibel meters as an additional tool in dealing with noise complaints and come back with a Report on the applicable costs. 4 May 14, 2007 Council Minutes ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that staff proceed with decibel meters as an additional tool in dealing with noise complaints. Mayor Salci resumed as Chair. PD- 2007 -27- Chief Administrative Officer Zoning By -law Amendment AM- 37/2006, 6681 Stanley Avenue, Applicant: 1149948 Ontario Limited, Agent: Peter Lesdow, Conversion of the former Loretto Academy into a Banquet Facility /Conference Centre Proposed Application Application is to permit a portion of the existing building to be used as a banquet facility and conference centre. The amount of floor space to be utilized coincides with the number of parking spaces currently available on the site. Current zoning is Institutional A site specific Tourist Commercial zoning is proposed which will limit the use of land and existing building to a banquet and conference facility. Planning Analysis Official Plan Designated Tourist Commercial. A wide range of tourist facilities are permitted. OP also encourages the preservation of heritage buildings. The proposal conforms with the OP: Banquet and conference facilities are tourist servicing uses. No significant changes are proposed to the existing building or the grounds. The heritage aspects of this building will be preserved. The proposed development represents an appropriate reuse of a cultural heritage resource. Provincial Policy Statement PPS states, `significant built heritage resources and significant cultural heritage landscapes shall be preserved' As the proposal retains the building and landscaped grounds in their current form, the proposal complies with the PPS. Zoning PLANNING MATTERS Carried Unanimously The requested site specific TC zoning conforms with the OP designation. Given that the reuse of the building will be limited in floor space in proportion to the current parking availability on the site the following zoning limitations will need to be applied: Restrict the use of the property to a banquet facility and conference centre within the existing facility; Restrict the facility to the floor area and building occupancy proposed; Require preservation of the existing landscaped area (approx. 73% of lot area). Conclusion The requested amendment to permit the former Loretto Academy to be converted into a banquet facility and conference centre can be supported for the following reasons: It complies with the Official Plan with respect to permitted uses in a Tourist Commercial designated area. 5 May 14, 2007 Council Minutes It is an appropriate reuse of a listed heritage building that will preserve the building and surrounding landscaped grounds. It complies with the Provincial Policy Statement with respect to preserving significant built heritage resources. Recommendation That Council approve the Zoning Bylaw amendment application to change the zoning to a Tourist Commercial zone, limited to a Banquet/Conference Centre facility and subject to the restrictions set out in this report. Mr. Peter Lesdow was present on behalf of the applicant. He explained the intent of the Zoning Amendment was to rezone from Institutional to Tourist Commercial. At the time the application was prepared the parts that did conform with the by -law were presented and there was a misunderstanding that the application be site specific. This does not propose any problems with the application as presented to Council and he indicated the applicant would be back with final development plans in the future. There was no one in the gallery who indicated an interest in the matter. As a result, the public meeting was closed. ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that the report be approved as recommended. with Councillor Kerrio declaring a conflict. Proposed Application Carried Unanimously PD- 2007 -28- Chief Administrative Officer Zoning By -law Amendment AM- 06/2007, 6158 Allendale Avenue, Applicant: Kyusung Cho, Agent: David Scott, Ed Lustig, Broderick and Partners, Proposed Lodging House To establish a boarding and rooming house with 5 boarding units in the lower level of the building. A proposed souvenir store and sightseeing tour business will occupy the main floor. Planning Analysis Official Plan Designated Tourist Commercial. Residential uses are permitted as part of mixed use developments. However, boarding and rooming accommodations require rezoning. Locating the boarding and rooming house in the lower level is appropriate as the commercial character of the building will be maintained at street level. Separate floors will minimize the conflict between the two uses. Due to the former industrial use of the property, the OP requires verification that there is no contamination and that the site is suitable for the accommodation use proposed. Applicant has completed a Record of Site Condition and submitted it to MOE for their approval. MOE approval is necessary prior to the passage of the amending zoning bylaw. Zoning Zoned Tourist Commercial (TC) Site specific provisions are requested to be added to permit the boarding and rooming house. Boarding and rooming house will consist of 5 sleeping units with communal kitchen and common rooms and is intended to be used for temporary accommodation for workers in the tourist area. 6 May 14, 2007 Council Minutes A parking requirement of 3 spaces will be adequate To ensure that there is sufficient parking for the boarding and rooming house and other intended uses in the building, the boarding and rooming house should be limited to a maximum of 5 sleeping units. Other Issues Part of the building's entry canopy encroaches onto the Allendale Ave right of way and should be subject of an encroachment agreement signed prior to passage of the bylaw. Applicant has indicated he may need to use a portion of Allendale Ave for bus unloading, which should also be subject to a license agreement with the City if he wishes to pursue this option. Conclusion The requested Zoning Bylaw amendment to permit a boarding and rooming house in a portion of the existing building at 6158 Allendale Avenue can be supported as the Official Plan contemplates mixed use developments within tourist areas. Prior to the execution of the zoning bylaw, a Record of Site Condition should be completed, and an encroachment agreement for the building canopy should be executed. Recommendation That Council approve the Zoning Bylaw amendment application to permit a boarding and rooming house with 5 boarding units in the lower level of the existing building. That prior to the passage of the amending bylaw, the applicant must complete a Record of Site Condition to the satisfaction of the City and the Regional Municipality of Niagara, and execute an encroachment agreement with the City to recognize the part of the canopy on the Allendale Avenue right of way. Mr. Ed Lustig of Broderick Partners was present at the meeting on behalf of the owner. He indicated that the company involved in this application is DongBu Tours, which is world wide tour company. Mr. Lustig expressed the opinion that it was good to get foreign investment in the community and that the application would improve the vacant former Zippo manufacturing building. There was no one in the gallery who indicated an interest in the matter. As a result, the public meeting was closed. ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes that the report be approved as recommended. Carried Unanimously with Councillor Kerrio declaring a conflict. MAYOR'S REPORTS, ANNOUNCEMENT Mayor Salci expressed condolences to John and Gayle Elia on the passing of their grandmother Mary Phillips. There were some significant recent events: the Emergency Preparedness Event, organized by Fire Chief Lee Smith, along with staff from the Region, an extremely educational program that combined emergency and community service representatives from Niagara and across the U.S. border; the YWCA's Women of Distinction awards, in which Mayor's Youth Advisory Committee members Sonya Billoo, of Stamford Collegiate and Katie Dunham, of St. Paul Highschool were recognized; the 4 Annual City Wide Teen Art Competition, which acknowledged you Niagara Falls artists; and the annual Niagara Regional Police Tug of War took place on May 12tH 7 May 14, 2007 Council Minutes Upcoming events include the Meals on Wheels Volunteer Appreciation Evening; the 70 Anniversary of the 40 8 procession, which this year will include an American delegation making the pilgrimage to the cenotaph at the base of Clifton Hill; the Rainbow Country Quilters present their Second Biennial Quilt Show; and the City's Deputy Director of Planning Development, Alex Herlovitch, will be running the Great Wall of China Marathon on May 19 Donations to support the "Run Alex Run" fund raiser at the Niagara Falls Public Library exceed $4,000.00. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Victoria Order of Nurses- Request to Proclaim May 14 20, 2007 as National VON Week. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that the communication be approved. Carried Unanimously 2. Order of Sons of Italy of Canada Request for use of pyrotechnic fireworks display at the Club Italia 25 annual picnic on Sunday, July 8, 2007. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that the communication be approved. Carried Unanimously REPORTS LEGAL MATTERS L- 2007 -22 Chief Administrative Officer Permanently Close Laneway between Broughton Avenue and Martin Avenue and Leader Lane and Ferguson Street (File No. 2007 -277) It is recommended that Council authorize staff to proceed to permanently close a laneway located between Martin Avenue and Broughton Avenue to the east and west and Leader Lane and Ferguson Street to the north and south. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the report be approved as recommended. L- 2007 -20 Chief Administrative Officer Release Agreement Part 1 on 59R- 12965, 6846 Frederica Street (File No. 2007 -11) It is recommended that the release of an Agreement dated July 6, 2001 and registered on title to the lands owned by Loyalist Crossing Development Inc., for the above -noted property, is hereby approved and authorized. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the report be approved as recommended. RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS Carried Unanimously Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati that the recommendation from the Community Services Committee, on May 14, 2007 be approved. The following items are to be ratified from tonight's meeting of the Community Services Committee: 3) That the request for free Charter Service from Niagara Transit for the Order of Saint Lazarus of Jerusalem be approved and that staff prepare a report on a policy for providing free transit services for conventions. 2) That "no parking" restriction be installed on the east side of Pin Oak Drive as outlined in report MW- 2007 -40; that staff prepare a report regarding the possible escalation of parking fines for commercial vehicles that are repeat offenders and that staff prepare a report back on the problem of tractor trailers parking on Pin Oak Drive. 8 May 14, 2007 Council Minutes 1) The minutes of the April 30, 2007 meetings be approved as amended. 4) That the sign variance outlined in BBS- 2007 -06 be approved providing that the north facade signs are not illuminated. 5) That staff prepare a report in response to concerns of the residents on Corwin Avenue regarding the Part Source store. 6) That staff prepare a report on mandating low flush toilets for retro fits. 7) That staff meet with representatives of Slo Pitch National Optimist Club. Carried Unanimously with Councillor Thomson declaring a conflict on the Saint Lazarus request. RATIFICATION OF "IN CAMERA" ACTIONS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the recommendation from the In Camera meeting, on May 14, 2007 be approved. 1. That the laneway located between Martin Avenue and Broughton Avenue to the east and west and Leader Lane and Ferguson Street to the north and south be declared surplus to the City's needs and conveyed to the abutting land owners for nominal consideration. 2. That staff advise the Ontario Municipal Board that the zoning by -law under appeal, regarding the Claws Paws matter, be quashed, as the applicant no longer wishes to pursue the re- zoning. Carried Unanimously with Councillor Thomson declaring a conflict on the Claws Paws matter. RATIFICATION OF "ADULT ENTERTAINMENT APPEALS COMMITTEE" ACTIONS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that the recommendation from the Adult Entertainment Appeals Committee, on April 30, 2007 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. 9 May 14, 2007 Council Minutes F- 2007 -16 Proposal P30 -2006 Banking Services That the proposal of The Bank of Nova Scotia dated December 8, 2006, with respect to banking services for the City, be approved for a term of four years, all in accordance with the terms of contract for the proposal. F- 2007 -17 Municipal Accounts That Council approve the municipal accounts totaling $25,677,327.43 for the period March 21, 2007 to May 1, 2007. MW- 2007 -36 Tender for the Supply of Materials and Services for Pavement Markings Contract #2007 -06 (On- Street Application) It is recommended that (1) Almon Equipment Ltd. be awarded Contract #2007 -06 for on- street pavement markings, and further (2) that the Mayor and the Clerk be authorized to execute the necessary agreements. MW- 2007 -42 Tender #2007 -42 Sidewalk Repair It is recommended that the unit prices submitted by the lowest tenderer Sacco Construction be accepted and; that pre approval be granted for the contract amount from the 2007 Capital Budget and; that the Mayor and City Clerk be authorized to execute the necessary agreement. MW- 2007 -45 Drummond Road Detail Design, Dixon Street to Lundy's Lane It is recommended that Delcan be hired to complete the detail design for Drummond Road between McLeod Road and Lundy's Lane and; that the Mayor and City Clerk be authorized to execute the necessary agreement. PD- 2007 -29 Matters Arising from the Municipal Heritage Committee It is recommended that Council approve Designated Property Grants (1) for two- thirds of the eligible costs to replace the iron cresting on Bampfield Hall at 4761 Zimmerman Avenue, as outlined in this report; (2) for two- thirds of the actual costs of paint and materials to paint the exterior of the Orchard /Cadham House at 6023 Culp Street, as outlined in this report; (3) for two- thirds of the eligible costs for the restoration of six sets of french doors on the exterior of the Oswald House at 2922 St. Paul Avenue, as outlined in this report; and (4) for two thirds of the eligible costs for the restoration of the gable ends, soffit and fascia and three windows of the Laura Secord House at 3800 Bridgewater Street, as outlined in this report. R- 2007 -09 2007 Shrub and Flowerbed Maintenance It is recommended that the low bid of $54,441.60 (including tax) by Earthdance Landscaping Inc. be accepted. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the reports be approved. Carried Unanimously BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the by -laws be given a first reading. Carried Unanimously 2007 -99 A by -law to establish Part 1 Reference Plan 59R -13396 as a public highway, to be known as and to form part of Preakness Street 2007 -100 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited, Stopping Prohibited) Mechanic /Keller St 2007 -101 A by -law to permanently close part of a highway (Ripleys) 2007 -102 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 2007 -103 A by -law to amend By -law No. 395, 1966, to temporarily permit a used car sales lot on a parcel of land zoned Rural. (AM- 01/2007) 2007 -104 2007 -105 Niagara Falls Armoury 10 May 14, 2007 Council Minutes A by -law to authorize the payment of $25,677,327.43 for General Purposes A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 14 day of May, 2007 ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that the by -laws be read a second and third time and passed. Seven Wonders of Canada NEW BUSINESS ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that staff meet with the Military Museum group to see how they can assist in the renovation of the Armoury. Councillor Diodati reminded everyone to go to the City of Niagara Falls website and vote for Niagara Falls. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the meeting be adjourned at 9:10 p.m. Carried Unanimously Carried Unanimously Carried Unanimously 2 DEAN IORFID CITY CLERK R.T. (TED) SALCI, MAYOR