2007/07/09SIXTEENTH MEETING
IN CAMERA MEETING
Council met on Monday, July 9, 2007 at 5:45 p.m. in an In Camera Session. All
members of Council were present. Councillor Kerrio presided as Chairman.
Following consideration of the items presented, the In Camera Session did rise and
report in open session.
DEAN IORFI A, C TY CLERK
REGULAR COUNCIL MEETING
Council Chambers
July 9, 2007
Council met on Monday, July 9, 2007 at 7:00 p.m. for the purpose of considering
Regulars Business matters. All members of Council were present. Councillor Diodati
offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Councillor Maves, seconded by Councillor Fisher that
the minutes of June 25, 2007 be approved as printed.
Carried Unanimously
DISCLOSURES OF PECUNIARY INTEREST
Committee Room 2
July 9, 2007
R.T. (TED) SALCI, MAYOR
Councillor Pietrangelo declared a pecuniary interest on cheque no. 311892 payable
to his employer.
Councillor Wing declared a conflict of interest on matters involving the Niagara
Parks Commission found in report MW- 2007 -62, Union Marsh and related By -law 2007-
135; MW- 2007 -79, Sign By -law and related By -law 2007 -144 and report PD- 2007 -14,
Status Report on Downtown Revitalization, as two members of her immediate family are
Niagara Parks Commission employees.
Councillor Maves declared a pecuniary interest on cheque no. 311453 payable to
his employer.
Councillor Kerrio declared a conflict of interest on reports PD- 2007 -54, PD- 2007 -55
and By -law no. 2007 -139 and 2007 -140, which pertain to property he owns.
Councillor Fisher declared a pecuniary interest to cheque no. 311173 tax refund to
a property she owns.
Mayor Salci declared a pecuniary interest to cheque no. 311936 payable to himself.
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Council Minutes
Councillor loannoni declared a pecuniary interest on the In Camera item related to
the Villarboit purchase, as she owns property in the nearby vicinity.
Niagara Falls Red Raiders
Mayor Salci along with coach Dave Goulet recognized the Niagara Falls Red
Raiders Bantam Boys Basketball team for winning the Provincial Championship. The team
members are Jan Degracia, Eric Deprophetis, Luc Goulet, Carl Grecco, Andrej Kosevic,
Troy Northfield, Zac Olah, Andrew Oreskovich, Devon Rymarchuk and Vito Scaringi.
PD- 2007 -57- Chief Administrative Officer Zoning By -law Amendment AM- 41/2006,
2799 St. Paul Avenue, Applicant: Wedgewood Builders of Niagara Limited, Agent:
Emilio Raimondo, Raimondo and Associates Architects Inc; Proposed 5- storey, 49
Unit Condominium Apartment Dwelling
Proposed Application
Wedgewood Builders have requested a zoning amendment to permit the
development of a 5 storey, 49 unit apartment building.
A site specific zone was applied to the land in 2001 which permits a 3 storey, 32 unit
apartment building.
The applicant originally proposed a 7 storey, 68 unit apartment. Concerns from
surrounding residents regarding overshadowing, loss of privacy, traffic and servicing
capacity have led to this current application.
Planning Analysis
Official Plan
Designation Residential
Apartment buildings with heights of 3 to 4 storeys may be permitted at the periphery
of residential neighbourhoods
Where they have access to arterial roads
Are in close proximity to schools, parks neighbourhood commercial areas;
Are compatible with surrounding development.
While the subject lands are suitable for apartments, the proposed 5 storey
apartment building is not considered compatible with abutting single family dwelling
due to overshadowing and loss of privacy.
Zoning
Current zoning Residential Apartment 5A Density zone
Land is requested to be rezoned to a site specific Residential Apartment 5C
Density zone to permit proposed apartment.
Current zoning permits:
Maximum number of units: 32
Maximum height: 10m (32.8 ft)
Proposed zoning would permit:
Maximum number of units: 49
Maximum height: 19m (62.3 ft)
Conclusion
DEPUTATIONS/ PRESENTATIONS
PLANNING MATTERS
1. The application to amend the Zoning Bylaw to permit a 5 storey, 49 unit apartment
building on the site cannot be supported for the following reasons:
Recommendation
The public meeting was closed.
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DOWNTOWN MATTERS
July 9, 2007
Council Minutes
It does not conform with the Residential policies of the Official Plan, for siting
of taller apartment buildings.
The height of the development would be out of character with surrounding
residential uses.
2. The applicant should consider reducing the height of the development and
redesigning the development to ensure it is compatible with the surrounding
residential area.
That Council not approve the Zoning Bylaw amendment application to permit the
development of a 5 storey, 49 unit apartment building on the subject land.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati
that the developer be asked to state their intentions regarding the property.
Carried Unanimously
Rocco Vacca and Rick Brady were present on behalf of Wedgewood Homes. It was
brought to Council's attention that the application presented tonight will be changed. The
applicant would like to proceed with the public meeting but there will be a revision to the
number of storeys for the apartment building.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that
the report be deferred.
Carried Unanimously
PD- 2007 -14 Chief Administrative Officer Status Report on Downtown
Revitalization It is recommended that:
1. In light of the Market Overview and Economic Analysis, that Council direct that the
various Downtown studies be completed and a revised phased approach for
downtown redevelopment be adopted, as follows:
a) refocusing of retail and civic improvements to the eastern section of
Downtown;
b) limit proposed streetscape improvements, at this time, to along Queen
Street from east of St. Clair Avenue to River Road; and along Erie Avenue
from Bridge Street to Queen Street, subject to 2008 budget
considerations;
c) complete the EA studies for the Eastern Gateway and parking structure
at Erie Avenue and Park Street; and
d) defer any road improvements for the Western Gateway.
2. That Council support a proactive leadership strategy that will involve the following:
a) carrying out of an assessment and packaging of key City -owned
properties that can be made available through a Request for Proposal
(RFP) process;
b) develop a land assembly strategy that will encourage future residential
development in the Downtown; and
c) identify Centennial Square as the civic focal point and public space of
Downtown.
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Council Minutes
3. That a special meeting of Council be held upon the completion of the Downtown
studies together with a proposed project construction schedule and budget for
Council's consideration for 2008.
Henry Joseph of Joseph Urban Consultants made a presentation to Council stating
there is a significant residential commercial market. In his study Phase 1 and Phase 2
have a critical mass of 430,000 square feet of retail, whereas the SIP anticipated 800,000
square feet. Mr. Joseph was of the opinion that SIP was too ambitious. He felt that it was
unlikely that the downtown would get national retailers and pointed out the successes of
Burlington and Oakville with local retailers. Mr. Joseph outlined the assets in the
Downtown such as the transportation linkages, the tourist traffic along River Road and the
increase in population. He felt that retail could only be sustained Downtown with medium
density housing. A parking structure would be necessary when there was 80% of retail
utilization in Phase 1.
Peter Norman of Altus Clayton made presentation to Council outlining a 20 year
cash flow projection totaling $31.6 Million including land acquisition, infrastructure, parking
structure, operating costs and City financial incentive programs. The projected revenues
would total between $29 to $40 million. The proposed development would promote 680
additional employees, 1,590 person years of employment through construction, $12 Million
tax revenue for senior level of government, additional tourism draw and $111 Million in
additional income to local residents.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing to
reconfirm Council's motion of January 8, 2007 that Council's commitment to the Downtown
Revitalization be limited to a maximum of $12 million for necessary improvements to the
existing infrastructure, following the short and long term time lines indicated in the
Community Improvement Plan (C.I.P); and that the $5.6 million from the sale of the
Montrose Road property, that Council's already identified for use of revitalization, be
directed instead to the general capital works budget; and that the municipality continue to
pursue equal funding for downtown revitalization from the superior levels of government.
Carried Unanimously
Fran Hohol of PKF. on behalf of the Downtown Board of Management, made a
presentation to Council on the economic potential of the whole SIP over 20 years. The
total investment for public and private sector would be $581.2 Million. It would create 2213
employment jobs. She outlined projections on tax revenue and increases in tourism.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing to
use the CIP as the guiding document buttressed by the Market Overview and Economic
Analysis by Joseph Urban Consultants and Altus Clayton.
Carried Unanimously
Pier Giorgio Di Cicco, Poet Laureate, City of Toronto, outlined how a cultural base
is necessary for any downtown revitalization.
Shelagh Mulligan, 4671 River Road expressed the opinion that the Eastern Gateway
Environmental Assessment (EA) had to be completed. The owners in that area are at a
standstill until decisions are made on that area. She also felt that there needed to be
better communication with residents and stakeholders.
ORDERED on the motion of Councillor Diodati, seconded by Councillor loannoni
that the report be approved as recommended.
Carried Unanimously
with Councillor Wing declaring a conflict on aspects dealing with the Eastern Gateway.
MAYOR'S REPORTS, ANNOUNCEMENT
Mayor Salci acknowledged Vito Scaringi, staff at the Parks, Recreation and Culture
and the many volunteers who helped with the significant task of putting together the City's
July 1s Canada Day Parade and celebrations at Optimist Park.
Upcoming events include State of the Great Lakes Mayor's Conference 2007, the
Royal Canadian Mint, Niagara Falls coin unveiling on July 14 the ribbon cutting for the
Vincor expansion on July 20 and the grand opening of the new Niagara Falls Fire
Department Station 6 in Crowland on July 21St
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Council Minutes
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Status of Armoury Facility Opening as a Military Museum Information update
from the Chair of the Museums Board.
RECOMMENDATION: That the Niagara Military Museum present a viable business
case in the next six weeks, or the most suitable time thereafter, on how they would fund
and operate their museum, as a proposed sole tenant at the Armoury.
ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that
the recommendation be approved and that said business plan be provided within six
weeks.
Carried Unanimously
2. Royal Canadian Legion Ontario Branch 396, Chippawa Request to Proclaim
August 25, 2007 "Support Our Troops Day
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher
that the communication be approved as recommended.
Carried Unanimously
3. Optimist Club of Niagara Falls Request for Financial Assistance for paving of
their parking lot.
RECOMMENDATION: That the request be denied.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that
the communication be approved as recommended.
Carried Unanimously
REPORTS
CD- 2007 -15 Chief Administrative Officer Adult Entertainment Appeals It is
recommended that based on the recommendation of the Adult Entertainment Appeals
Committee, the appeals heard be granted; and that staff approach the Police Services
Board about taking over the appeals heard under the City's Live Adult Entertainment
Businesses By -law (2002 -197); and that staff amend the Live Adult Businesses By -law
(2002 -197) accordingly, to allow for the delegation of appeals' hearings to the Police
Services Board.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Fisher
that the report be approved as recommended.
Carried Unanimously
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Councillor loannoni, seconded by Councillor Maves
that the communication be approved as recommended.
Carried Unanimously
with Councillor Wing declaring conflicts on recommendations 2 and 3.
1) The minutes of the June 25, 2007 meeting be approved.
2) That a grant be provided for residents of Niagara Falls for works associated with the
Union Marsh Drain and that the works associated with the west branch of the Drain
be eliminated.
6
3) That the sign by -law be deferred and that staff approach the Niagara Parks
Commission regarding the Niagara Parks Actwith respect to the regulating of signs.
4) That the Lead Water Service Investigation report be received for the information of
Council.
5) That the preferred design option for the raised median on Hwy 420 be deferred so
that staff can come back with other designs.
RATIFICATION OF "IN CAMERA" ACTIONS
July 9, 2007
Council Minutes
ORDERED on the motion of Councillor Thomson, seconded by Councillor Mayes
that the report be approved as recommended.
with Councillor loannoni declaring a conflict
Carried Unanimously
1. That Council approve the Offer to Purchase from Villarboit Development
Corporation for 5.5 acres, known as Part of Part 7 on Reference Plan 59R- 13152,
at $225,000 per acre and that the Mayor and Clerk be authorize to execute the
Offer to Purchase.
CONSENT AGENDA
THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE
MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS
CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL
SAVE TIME.
PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR
MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE
CONSIDERED SEPARATELY.
F- 2007 -27 Municipal Accounts It is recommended that Council approve the municipal
accounts totaling $22,087,243.39 for the period May 30, 2007 to June 26, 2007.
FS- 2007 -02 The Arson Prevention Program for Children (TAPP -C) Protocol It is
recommended that Council authorize the Fire Chief to sign the above noted protocol.
L- 2007 -31 Release of Easements, Parts 89 and 90 on Reference Plan 59R -13264
(File No. 2007 -224) It is recommended that two Easements registered on title to the above
referenced property for the purpose of storm sewer servicing, be released at no cost to
the City.
L- 2007 -32 Assignment of Lease, Part of Pell Street Road Allowance (File No.: 2007-
242) It is recommended that the City grant a Consent to Assignment of Lease in favour of
James Schroder and Marilyn Schroder, and the Mayor and Clerk be authorized to execute
the said Agreement.
PD- 2007 -50 Application for a Commercial Building and Facade Grant CB &FIG-
02/2007 within the Historical Drummondville CIP for 5689 Main Street (2068985
Ontario Inc.) It is recommended that (1) City Council approve the application for a
Commercial Building and Facade Improvement Grant in the amount of $20,000 subject to
the applicant satisfying the program requirements for the Historic Drummondville
Community Improvement Plan including the entering into an agreement with the City; (2)
that the Mayor and Clerk be authorized to execute the grant agreement which is attached
to this report as Appendix II.
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Council Minutes
PD- 2007 -51 Application fora Commercial Building and Facade Improvement Grant
CB &FIG 03/2007 within Historic Drummondville CIP for 6161 Main Street (Sardjito
and Tetrault) It is recommended that (1) City Council approve the application for a
Commercial Building and Facade Improvement Grant in the amount of $13,886.50 subject
to the applicant satisfying the program requirements for the Historic Drummondville
Community Improvement Plan including the entering into an agreement with the City; (2)
that the Mayor and Clerk be authorized to execute the grant agreement which is attached
to this report as Appendix II.
PD- 2007 -52 Sidewalk Cafe Licence Agreement with the City SWC- 09/2006, The
Filling Station, 5815 Victoria Avenue It is recommended that the Mayor and City Clerk
be authorized to execute a Sidewalk Cafe Licence Agreement, on behalf of the City, with
Vince Ferro to permit the operation of a sidewalk cafe over a portion of City sidewalk in
front of The Filling Station located at 5815 Victoria Avenue.
PD- 2007 -53 Sidewalk Cafe Licence Agreement with the City SWC- 03/2007, Cheroz
Restaurant (Former Big Anthony), 5677 Victoria Avenue It is recommended that the
Mayor and City Clerk be authorized to execute a Sidewalk Cafe Licence Agreement, on
behalf of the City, with Humberto Varela to permit the operation of a sidewalk cafe over a
portion of City sidewalk in front of the Cheroz Restaurant located at 5677 Victoria Avenue.
PD- 2007 -54 Sidewalk Cafe Licence Agreement with the City SWC 04/2007,
Applebee's Restaurant, 5657 Victoria Avenue It is recommended that the Mayor and
City Clerk be authorized to execute a Sidewalk Cafe Licence Agreement, on behalf of the
City, with Vince Kerrio to permit the operation of a sidewalk cafe over a portion of City
sidewalk in front of the Applebee's Restaurant located at 5657 Victoria Avenue.
PD- 2007 -55 Sidewalk Cafe Licence Agreement with the City SWC- 05/2007,
Remington's of Montana, 5657 Victoria Avenue It is recommended that the Mayor and
City Clerk be authorized to execute a Sidewalk Cafe Licence Agreement, on behalf of the
City, with Vince Kerrio to permit the operation of a sidewalk cafe over a portion of City
sidewalk in front of Remington's of Montana located at 5657 Victoria Avenue.
PD- 2007 -56 Sidewalk Cafe Licence Agreement with the City SWC- 06/2007, Pilgrim
Motor Inn, 5234 Ferry Street It is recommended that the Mayor and City Clerk be
authorized to execute a Sidewalk Cafe Licence Agreement, on behalf of the City, with
Luciano Dicenzo to permit the operation of a sidewalk cafe over a portion of City sidewalk
in front of the Pilgrim Motor Inn located at 5234 Ferry Street.
MW- 2007 -74 Tender #2007 183 -07 Kitchener Street Sewer Separation It is
recommended that the unit prices submitted by the lowest tenderer Peter's Excavating be
accepted and; that 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.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
loannoni that the reports on the Consent Agenda be approved as recommended.
Carried Unanimously
with Councillor Kerrio declaring a conflict to PD- 2007 -54 and PD- 2007 -55
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher
that the by -laws be given a first reading.
Carried Unanimously
with Councillor Kerrio declaring a conflict to 2007 -138 and 2007 -139
2007 -135
BY -LAWS
A by -law to authorize the execution of an Offer to Purchase with Villarboit
Development Corporation, in trust for a company to be incorporated
respecting the purchase of approximately 5.5 acres of land; in the City of
Niagara Falls, in the Regional Municipality of Niagara
2007 -136
2007 -137
2007 -138
2007 -139
2007 -140
2007 -141
2007 -142
2007 -143
2007 -144
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Council Minutes
A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement
with 10527748 Ontario Inc. o/a The Filling Station, respecting the licencing
of a Sidewalk Cafe over a portion of City sidewalk in front of The Filling
Station located at 5815 Victoria Avenue
A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement
with 2126921 Ontario Inc. c.o.b. as Cheroz Restaurant, respecting the
licencing of a Sidewalk Cafe over a portion of City sidewalk in front of
Cheroz Restaurant located at 5677 Victoria Avenue
A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement
with Niagara Hospitality Hotels Inc. c.o.b. as Applebee's, respecting the
licencing of a Sidewalk Cafe over a portion of City sidewalk in front of
Applebee's located at 5657 Victoria Avenue
A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement
with Niagara Hospitality Hotels Inc. c.o.b. as Remington's of Montana
Steak Seafood, respecting the licencing of a Sidewalk Cafe over a
portion of City sidewalk in front of Remington's of Montana Steak
Seafood located at 5657 Victoria Avenue
A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement
with Pilgrim Motor Inn Ltd., respecting the licencing of a Sidewalk Cafe over
a portion of City sidewalk in front of the Wedgewood Restaurant located at
5234 Ferry Street
A by -law to authorize the execution of a Funding Agreement for Asset
Management Program Project with Her Majesty The Queen in Right of
Ontario respecting the Canada Ontario Municipal Rural Infrastructure
Fund "COMRIF Program
A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City Roads. (Yield Signs, Pedestrian Crossing Prohibited,
Stopping Prohibited, Stop Signs At Intersections, Heavy Vehicle
Restrictions, Through Highways, Parking Prohibited, Speed Limits on
Highways (Part 2 60 km /h) (CliftonNictoria /Centre St)
A by -law to authorize the execution of a Letter of Intent with Ainsworth Inc.,
respecting an Energy Services Performance Contract to reduce energy and
operating costs
A by -law to amend By -law No. 79 -200, to permit a comprehensive multiple
unit residential development and prestige industrial development on the
land subject to holding provisions. (AM- 24/2005)
2007 -145 A by -law to authorize the payment of $22,087,243.39 for General Purposes
2007 -146 A by -law to adopt, ratify and confirm the actions of City Council at its
meeting held on the 9 day of July, 2007
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the by -laws be read a second and third time and passed.
Carried Unanimously
with Councillor Kerrio declaring a conflict to 2007 -138 and 2007 -139
Jay Cochrane
9 July 9, 2007
Council Minutes
NEW BUSINESS
Orlando Drive /Thorold Stone Road Plaza
ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing
that staff report back on the status of development, the closure of the walkway behind
Giant Tiger /McDonald's plaza and concerns expressed by Orlando Drive residents.
Carried Unanimously
ORDERED on the motion of Councillor Diodati, seconded by Councillor
Pietrangelo:
WHEREAS the City's Tourism Sector has been experiencing six (6) years of
unprecedented challenges; and
WHEREAS there is the need in our community for an event of such magnitude that would
fascinate media from around the world and create an avalanche of international interest;
and
WHEREAS Jay Cochrane is not attempting a stunt, but rather a calculated performance
as an accomplished, internationally recognized professional; and
WHEREAS a great deal of money will be generated for Tender Wishes and other
children's charities from Mr. Cochrane's walks.
THEREFORE BE IT RESOLVED that Niagara Falls City Council requests that the Niagara
Parks Commission consider allowing Mr. Cochrane to wirewalk across the brink of the
Falls.
Carried Unanimously
with Councillor Wing declaring a conflict as the matter relates to the Niagara Parks
Commission.
Regional Niagara Residential Waste Collection
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Mayes that a resolution be sent to the Niagara Region requesting the residential garbage
collection remain weekly, that a public meeting be held before any changes are made and
that cost saving alternatives are considered.
Grand Opening Fire Station #6
Carried Unanimously
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that staff extend Council's invitation to the opening of Fire Station #6 to former Council
members Wayne Campbell, Joyce Morocco and Selina Volpatti.
Carried Unanimously
ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni
that the meeting be adjourned at 10:35 p.m.
Carried Unanimously
DEAN IORF A, CITY CLERK R.T. (TED) SALCI, MAYOR