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2007/08/13Council met on Monday, August 13, 2007 at 6:30 p.m. in an In Camera Session. All members of Council were present. Councillor Pietrangelo presided as Chairman. Following consideration of the items presented, the In Camera Session did rise and report in open session. NINETEENTH MEETING IN CAMERA MEETING DEAN IORFI,DA, C TY CLERK R.T. (TED) SALCI, MAYOR REGULAR COUNCIL MEETING Committee Room 2 August 13, 2007 Council Chambers August 13, 2007 Council met on Monday, August 13, 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 ORDERED on the motion of Councillor Maves, seconded by Councillor Pietrangelo that the minutes of July 23, 2007 be approved. PLANNING MATTERS Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Mayor Salci indicated a pecuniary interest to cheque no. 312706 payable to himself. Councillor Fisher indicated a conflict with PD- 2007 -65 because of her close proximity to the property. Councillor Maves declared a conflict on the Communication from Guy Ungaro, LLP as it deals with an insurance claim. Official Plan and Zoning By-law Amendment AM- 38/2006, Thundering Waters Village, 6000 Marineland Parkway /Drummond Road (East Side), Owner: Fallsview Golf Inc., Proposed Condominium Residential Development. It is recommended the application be deferred until September 10, 2007. - 2 - August 13, 2007 Council Minutes Notices were delivered to the area residents advising them of the request for deferral and advising them of a neighbourhood meeting that will be held on August 21, 2007. Italia Gilberti of Broderick & Partners was present on behalf of the applicant requesting the deferral. ORDERED on the motion of Councillor loannoni, seconded by Councillor Fisher that the Official Plan and Zoning By -law Amendment Application be deferred. Proposed Application Carried Unanimously PD- 2007 -65- Chief Administrative Officer - Official Plan and Zoning By -law Amendment AM- 15/2007, 8921 Sodom Road, Applicant: 289900 Ontario Limited, Applicant: Jack Bernardi, To Recognize the Existing Betty's Restaurant and Permit an Expansion of the Parking Lot. ► The applicant has requested amendments to the Official Plan and Zoning Bylaw for a 0.89 hectare (2.2 ac) parcel of land occupied by Betty's Restaurant. ► The purpose of the amendment is to consolidate the whole of the lands under one site specific NC zone to recognize an expansion of the restaurant which was approved by Council in 2005 and an expansion of the associated parking lot to its current size. Planning Analysis Official Plan ► Designated Residential ► This designation permits neighbourhood commercial facilities including restaurants. ► An expansion to Betty's restaurant was approved by Council in 2005, notwithstanding that neighbourhood commercial facilities are generally restricted in size to 10,000 sq ft. ► Betty's restaurant is 16,000 sq ft. ► The OP amendment properly recognizes the size of the restaurant under a site specific policy. ► The amendment also recognizes that the parking lot associated with Betty's restaurant has been expanded southerly on an adjacent lot owned by the applicant. Zoning ► The subject lands are zoned Neighbourhood Commercial, in part under Bylaw No. 79 -200 and Rural, in part under Bylaw No. 395,1966. ► The whole of the lands are requested to be placed under a new site specific NC zone to recognize the existing restaurant and parking lot expansion. ► This zone will incorporate the site specific standards approved for the restaurant in 2005. ► The landscaped area around the parking area and including a 10 m (33ft) wide strip along the south property line abutting the adjacent residential property will be secured in the amending bylaw. Conclusion ► The requested amendments to the Official Plan and the Zoning Bylaw to recognize the restaurant and permit the parking lot expansion can be supported for the following reasons: • The requested uses are in conformity with the Official Plan criteria for considering land use changes. - 3 - August 13, 2007 Council Minutes • The amendments provide for the consolidation by zoning bylaws and incorporate previous planning approvals that apply to the whole of the lands. Recommendation That Council approve the Official Plan and Zoning Bylaw amendment application to recognize the existing restaurant in the Official Plan and the Zoning Bylaw, and to permit an expansion of the associated parking lot. Jack Bernardi, Agent for the applicant was present at the meeting. He provided background on the application and was available to respond to questions. 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 Diodati, seconded by Councillor Pietrangelo that the report be approved as recommended. with Councillor Fisher declaring a conflict of interest. MAYOR'S REPORTS, ANNOUNCEMENT Carried Unanimously Mayor Salci offered condolences to the family of Joe Bove, who was a past president of Club Italia, and to Mayor Vince Anello of Niagara Falls, New York, on the passing of his mother. Mayor Salci thanked Councillor Kerrio for his work as acting Mayor and to the members of Council for filling in and attending various City events while he was away. Mayor Salci reported back on his presentation to the Police Services Board regarding maintaining the 22 Division station on Morrison Street. Upcoming events include the 86 Annual Flower and Vegetable Show held on August 14 at the Niagara Falls Public Library, the 2007 Bigga Tomatafest held at Queenston Heights Park on August 19 and the upcoming AMO conference, August 19 - 22 " in Ottawa, being attended by himself and Councillor loannoni. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 Arthritis Society - Requesting proclamation designating September as Arthritis Awareness Month and permission for a flag raising. RECOMMENDATION: For the approval of Council. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the communication be approved as recommended. Carried Unanimously 2. Niagara Falls Big Brothers/ Big Sisters - Requesting proclamation designating September as Big Brothers Big Sisters Month and permission for a flag raising. RECOMMENDATION: For the approval of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves that the communication be approved as recommended. Carried Unanimously - 4 - August 13, 2007 Council Minutes 3. Downtown Board of Management - Requesting ratification for a Board appointment. RECOMMENDATION: For the approval of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the communication be approved as recommended. Carried Unanimously 4. Project S.H.A.R.E. - Requesting a waiver of building permit fees. RECOMMENDATION: For the consideration of Council. ORDERED on the motion of Councillor Maves, seconded by Councillor Pietrangelo that the communication be approved as recommended. 5. Guy Ungaro LLB - Requesting compensation for client. RECOMMENDATION: For the information of Council. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Thomson that staff report back on the status of the sewer repair, the possibility of the re- opening of the road and the history surrounding the front - ending agreement. Carried Unanimously with Councillor Maves declaring a conflict of interest RECOMMENDATION: For the information of Council. Carried Unanimously ORDERED on the motion of Councillor Kerrio, seconded by Councillor Thomson to allow Mr. Sam Bielich to speak. REPORTS RATIFICATION OF "IN CAMERA" ACTIONS Carried Unanimously Mr. Bielich expressed concerns the construction and road closure have affected his business on Montrose Road (Sam's Montrose Inn, 8841 Montrose Road). Mr. Bielich is requesting that the City compensate for the cost sharing lost by the actions of the City. 6. Diane Glen - Requesting a curfew for youth. RECOMMENDATION: For the information of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Fisher to receive and file the communication. Carried Unanimously 7 Elizabeth Murray - Correspondence regarding the state of bus shelters. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves to receive and file the communication. Carried Unanimously ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that 1. Council approve the Agreement of Purchase and Sale from Loblaw Properties Limited for $38,000 as outlined in L- 2007 -36, and that the Mayor and Clerk be authorized to execute the Agreement of Purchase and Sale and the Clerk be authorized to affix the corporate seal thereto. - 5 - August 13, 2007 Council Minutes 2. Council approve the Agreement of Purchase and Sale from the Optimist Club of Niagara Falls for $30,400 as outlined in L- 2007 -36, and that the Mayor and Clerk be authorized to execute the Agreement of Purchase and Sale and the Clerk be authorized to affix the corporate seal thereto. 3. That Council approve the Agreement of Purchase and Sale from the Butera Group for $150,000 as outlined in L- 2007 -38, and that the Mayor and Clerk be authorized to execute the Agreement of Purchase and Sale and the Clerk be authorized to affix the corporate seal thereto. 4. That the City enter into a Lease Agreement with Stamford Medical Clinic respecting the City -owned former N.S. & T. lands located along Portage Road, forthe purpose of physician parking, in support of the City's physician recruitment and retention effort; and That approval of this request be contingent upon the terms and conditions as set out by Municipal Works in report B.D.D. 2007 -03. 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. F- 2007 -30 - Municipal Accounts It is recommended that Council approve the municipal accounts totaling $14,192,472.05 for the period June 27, 2007 to July 31, 2007. HR- 2007 -06 - Benefit Renewal Sun Life Assurance Company of Canada It is recommended that Council approve the premium renewal of employee benefits with Sun Life Assurance Company, provider of Life, Extended Health, Dental, Long Term Disability and Accidental Death and Dismemberment, forthe period of September 1, 2007 to August 31, 2008. L- 2007 -41 - Correction of Fees and Charges By -law It is recommended (1)That By -law No. 2006 -224 be amended by deleting from page 6 of Schedule "A ", the fee for Preparation of Discharge of Property Standards Order and by changing the fee indicated on page 15 of Schedule "A" of that by -law for Preparation of Discharge of Property Standards Order to $200.00. (2) That the $200.00 fee described in paragraph 1 of this Recommendation, be distributed within the City administration as a credit of $75.00 to Legal Services and $125.00 to Building & By -law Services. MW- 2007 -81 - Deerfield Estates Subdivision Agreement Revision due to Relotting It is recommended that Council approve the revised subdivision agreement schedules (attached) that reflect the relotting of two multi - family blocks recently approved by Council. MW- 2007 -86 - Amendment to the Consulting Services Agreement for the Maple Street Sewer Separation Project It is recommended that the Consulting Services Agreement with Earth Tech Engineering for the Maple Street Sewer Separation be amended at an increased cost of $10,075.00. - 6 - August 13, 2007 Council Minutes MW- 2007 -98 - Dorchester Road Reconstruction -CNR Standard Warning System and Crossing Reconstruction Agreements It is recommended (1) that staff be authorized to execute, the CNR, Standard Unfunded Crossing Warning System Modification Agreement, Standard Crossing Reconstruction Agreement. (2) Construct a new rail crossing and warning device system at the Dorchester Road crossing at a cost of $204,900.00. (3) That the Mayor and City Clerk be authorized to execute the necessary agreement. MW- 2007 -99 - May Avenue & Terrace Avenue Sanitary Sewers and Central Pumping Station & High Rate Treatment Consultant Fees It is recommended that the additional sanitary sewers on May Avenue and Terrace Avenue be constructed and the additional engineering consultant fees for Associated Engineering (Ont.) Ltd. to complete additional design and construction on the Central Pumping Station and Combined Sewer Overflow High Rate Treatment Facility, be approved. PD- 2007 -61 - Site Plan Control and the Regulation of Appearance of Structures Under Bill 51 That Council receive and file this report for information. ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the reports on the Consent Agenda be approved as recommended. Carried Unanimously 2007 -166 2007 -167 2007 -168 2007 -169 BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be given a first reading. Carried Unanimously A by -law to authorize the execution of an Agreement of Purchase and Sale (Operational Land Sales) with Ontario Realty Corporation respecting the purchase by the City of a portion of Hydro lands. A by -law to authorize the execution of an Agreement of Purchase and Sale with Loblaw Properties Limited respecting the purchase of lands being Part 4 on Reference Plan 59R- 13060, in the City of Niagara Falls, in the Regional Municipality of Niagara. A by -law to authorize the execution of an Agreement of Purchase and Sale with The Optimist Club of Niagara Falls respecting the purchase of lands being Part 3 on Reference Plan 59R -705, in the City of Niagara Falls, in the Regional Municipality of Niagara. A by -law to authorize the execution of an Agreement of Purchase and Sale with The Butera Group Inc. respecting the purchase of lands being Part 1 on Reference Plan 59R- 13466; in the City of Niagara Falls, in the Regional Municipality of Niagara. 2007 -170 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited, Stop Signs At Intersections) 2007 -171 A by -law to establish Part Road Allowance between Concession 1 and Concession Broken Front Niagara River, Willoughby as a public highway, to be known as and to form part of Bailey Avenue. 2007 -172 A by -law to authorize the payment of $14,192,472.05 for General Purposes. 2007 -173 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 13 day of August, 2007. - 7 - August 13, 2007 Council Minutes 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 NEW BUSINESS August 27, 2007 Council Meeting ORDERED on the motion of Councillor Diodati, seconded by Councillor Kerrio that the August 27 meeting be cancelled. Carried with Councillor Thomson opposed. Infrastructure Concerns ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that staff prepare a questionnaire for local candidates in the upcoming Provincial Election on infrastructure concerns, downloading to municipalities, environmental issues, etc. NEDCORP Numbered Companies Two Casinos Carried Unanimously ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that Council be fully informed of any Memorandum of Understanding or dialogue regarding Economic Development Departments before any documents are finalized. Carried Unanimously ORDERED on the motion of Councillor Diodati, seconded by Councillor loannoni that all applications and reports only be considered complete if the names of principles, named corporations and /or directors of all numbered companies are provided. Carried Unanimously ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that the following resolution be sent to Premier Dalton McGuinty, David Caplan, Minister of Public Infrastructure Renewal, Jim Bradley, Minister of Tourism, Kim Craitor, M.P.P., the Regional Municipality of Niagara and the twelve lower -tier municipalities: WHEREAS in the last Provincial election there was a promise, reported in the local media, to convert the temporary Casino Niagara into a permanent facility if the Liberals were victorious; and WHEREAS to date the government Casino Niagara has operated on a series of short-term leases; and WHEREAS 1,500 jobs at Casino Niagara within the Niagara Region are at stake if Casino Niagara were to close; and WHEREAS there will be an extremely negative ripple effect throughout the Niagara Region, by way of increased unemployment and loss of investor confidence, if Casino Niagara were to close; and WHEREAS there will be tens of millions dollars of lost development opportunities if Casino Niagara were to close, especially in the vicinity of Casino Niagara. THEREFORE BE IT RESOLVED THAT prior to the upcoming October 10, Provincial election, the electorate of Niagara would like an official reconfirmation of the commitment to keep Casino Niagara open; and 8 August 13, 2007 Council Minutes FURTHER BE IT RESOLVED THAT by entering into a long -term lease on the Casino Niagara property, the Government will be sending a positive message to the development community and electorate of the Niagara Region. Carried Unanimously ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that the following resolution be sent to Premier Dalton McGuinty, David Caplan, Minister of Public Infrastructure Renewal, Jim Bradley, Minister of Tourism and Kim Craitor, M.P.P.. WHEREAS competition is healthy and brings out the very best in business operators; and WHEREAS the consumer usually benefits when there is competition in the marketplace; and WHEREAS the Falls Management Company (FMC) operates the two Niagara casinos, Casino Niagara and the Fallsview Casino Resort; and WHEREAS there is no incentive for FMC to operate two separate casinos in Niagara; and WHEREAS if the two Niagara casinos were to be operated by independent operators the resulting competition would improve the product offered to the consumer. THEREFORE BE IT RESOLVED THAT the Province investigate the possibility of the two Niagara casinos being independently operated. Vermin Concerns Carried Unanimously ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that a resolution be sent to the Ministry of Natural Resources to provide municipalities with the tools to deal with vermin problems in the local community. Animal Control By -law Carried Unanimously ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that the Federal Government be petitioned again to provide tax deductible status for those who spay and neuter their cats. Carried Unanimously ORDERED on the motion of Councillor Mayes, seconded by Councillor Pietrangelo that the meeting be adjourned at 8:50 p.m. Carried Unanimously DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR