2009/01/26FIRST MEETING
IN CAMERA MEETING
Council met on Monday, January 26, 2009 at 5:45 p.m. in an In Camera Session.
All members of Council were present. Councillor Diodati presided as Chairman.
Following consideration of the items presented, the In Camera Session did rise and
report in open session.
DEAN IORFJI3A, CITY CLERK R.T. (TED) SALCI, MAYOR
REGULAR COUNCIL MEETING
Council met on Monday, January 26, 2009 at 7:00 p.m. for the purpose of
considering Regular Business matters. All members of Council were present. Councillor
Diodati offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Councillor Fisher, seconded by Councillor Kerrio that
the minutes of December 15, 2008 be approved as printed.
Carried Unanimously
DISCLOSURES OF PECUNIARY INTEREST
Committee Room 2
January 26, 2009
Councillor Wing indicated a conflict under Corporate Services discussion pertaining
to the Board of Museums, as it is her husband's employer.
Councillor loannoni indicated a pecuniary interest to cheque no. 323889 made
payable to herself.
Mayor Salci indicated a pecuniary interest to cheque numbers 323916, 324347 and
325694 all made payable to himself.
Councillor Pietrangelo indicated a conflict to a wireless transfer made to the Niagara
Catholic School Board, his employer.
DEPUTATIONS /PRESENTATIONS
Niagara Falls Big Brothers Big Sisters
Jon Braithwaite, Executive Director, addressed Council about the current programs
and the upcoming Tim Horton's Bowl for Kids Sake Campaign. The Event is scheduled for
February 21s`, 2009.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati
that Council enter a bowling team.
Carried Unanimously
Sleep Cheap Etc.
Mayor Salci and Councillor Diodati extended a very special thank you to the
hoteliers for their participation in the Sleep Cheap Charities reap fundraiser. The following
charities were presented with a donation.
Alzheimers Society of Niagara
Autism Ontario
Goodwill Niagara
Peterson's Community Workshop
Project Share
Stamford Collegiate Breakfast Club
Niagara Peninsula Children's Centre
Red Roof Retreat
Adolescents' Family Support Services of Niagara
Bob Gale Recreation Fund
Bob Gale made a brief presentation to Council and introduced the members of the
Bob Gale Foundation. Their mandate is to provide financial assistance to Niagara Falls
residents of all ages, who otherwise would not be able to participate in active and healthy
lifestyle activities.
ORDERED on the motion of Councillor Fisher, seconded by Councillor loannoni that
Communication # 2 be dealt with at this time.
Carried Unanimously
2. Bethlehem Place - Request for Exemption of Development Charges for the Not -For
Profit Housing Projects of Niagara, 6185 Kalar Road.
RECOMMENDATION: For the Consideration of Council
Councillor loannoni exited Chambers
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ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson
that the request be approved.
Carried Unanimously
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that Communication # 5 be dealt with at this time.
5. Correspondence from Nick Ricci - Requesting permission to erect a plaque on
City owned property, Portage Road and Fallsview Boulevard commemorating efforts
of his parents Mac and Olga Ricci.
RECOMMENDATION: Staff work with Mr. Ricci regarding the appropriate location
of the plaque on City property.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio
that the recommendation be approved.
Carried Unanimously
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R- 2009 -02 - Chief Administrative Officer - Gale Centre: Arena Construction Update.
It is recommended that:
The quarterly report on the Gale Centre arena project be received for information
purposes.
TS- 2009 -07- Chief Administrative Officer - Response to "Toys for Tickets "Campaign.
It is recommended for information purposes.
ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio
that the reports be approved as recommended.
Carried Unanimously
Councillor loannoni returned to Chambers.
Background
PLANNING MATTERS
PD- 2009 -05 - AM- 2008 -024, Zoning By -law Amendment Application, 5685 Falls
Avenue, 4608 and 4800 Bender Street and Vacant Lands Located on the Northwest
Corner of Falls Avenue and Bender Street.
Applicant: Canadian Niagara Hotels Inc. ( Michael DiCienzo, Vice President, Design
and Development), Agent: Michael Kirkland, The Kirkland Partnership
Proposed 30 Storey, 364 Room Hotel
The Director of Planning and Development reviewed the recommendations and
provided the following information.
The applicant is requesting a Zoning By -law amendment for the subject lands to construct
a 30 storey, 111 m (364 ft) tall hotel with 364 rooms.
The subject lands are comprised of 7 parcels which are currently zoned Tourist
Commercial, Commercial 1 (C1), Industrial 1 (11) under zoning bylaws 79 -200 and 5335
(1955).
The application requests the site of the proposed hotel to be zoned TC under By -law No.
79 -200, with site specific provisions permitting the proposed height, lot coverage and
setbacks and to eliminate the requirement for the hotel to include meeting rooms and
dining facilities.
The application also requests required parking to be permitted off -site.
Planning Analysis
Official Plan
The proposal conforms with the 30 storey height limit in the Official Plan
Schedule 4 of the Tourist Commercial policies of the Official Plan identifies
the lands to be within the area where Council may consider high rise
buildings up to 30 storeys. The proposed building is designed as a 30 storey
hotel plus rooftop mechanical area and observation terrace.
The proposal meets only some of the Official Plan policies for massing of new
development.
The OP requires that tall buildings reduce their massing and visual impact
as they become taller and to provide appropriate gaps between buildings.
The OP specifies 5 design criteria summarized as follows:
Add distinct and interesting features to skyline;
Enhance pedestrian environment at street level;
Provide appropriate setback for high rise buildings;
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• Ensure mass is reduced and gaps maintained;
• Minimize impacts on residential areas.
Council adopted the Tourism Policy Review Implementation Handbook as
guidelines to provide further direction on howthese policies may be achieved
The proposal satisfies most of the above noted policies as follows:
• The project provides a podium at street level which will engage the
pedestrian along the sidewalk.
The high rise hotel is set back from the street line above the podium
level.
The development is well removed from any residential area and
therefore does not impact on local residents.
• The applicant provided a satisfactory microclimate study which
generally notes no wind impacts, except for the rare occasions when
there is an uncommon north or south wind.
Therefore providing a positive building base, appropriate public realm at grade and a
positive microclimate for the pedestrian.
The proposed hotel has a very prominent location at the north end of the tourist core and
a highly visible position from the Rainbow Bridge and thus holds an important place in the
City skyline. The top of the building terminates in a large mechanical penthouse facing the
City with an observation terrace covered by a flat canopy on the River side.
The overall effect is a an element which is not distinct nor interesting within the skyline of
the City. Further work should be conducted by the architect to render a more satisfactory
roof top which includes a roof feature.
The proposed building does not ensure that the mass of the building is reduced nor provide
the appropriate gap between buildings.
The Implementation Handbook sets out a fagade length to width ratio not to exceed 1 to
1.5 . The length to width ratio is 1 to 2.1 and therefore exceeds the suggested massing.
The guidelines promote a separation between high rise buildings of 25m (82 ft) to ensure
light, transparency and a skyview between buildings. The gaps also ensure that a solid
wall of buildings does not occur and provides for visibility from and to second tier
development.
The proposed hotel provides only a 1.2m (4 ft) separation from the adjacent parking
garage /water park. The parking garage /water park is 52 m (172 ft) in height which is
approximately half the height of the proposed hotel. Given the lower height of this
building, a reduction in the required gap could be considered as long as the overall intent
of providing a sky view between the buildings is met.
Staff note that if the building was to be reduced by 2 rooms per floor, the length to width
ratio could be satisfied and by further moving the building to the north, a gap of about 12m
(40 ft) sufficient to provide a minimal amount of sky view between the buildings, could be
achieved.
The proposed hotel concept received support from the Architectural Peer Review Panel.
The OP requires any building greater than 10 storeys be reviewed by an Architectural Peer
Review Panel (APR).
The final report for this project acknowledges a number of departures from the Council
adopted guidelines in the building design.
• The Panel found that the proposed hotel is large for the site and partially
obscures the adjacent Planet Hollywood. It is not possible with the plan, as
proposed, to meet the principle of separation between the adjacent towers
as delineated in the Implementation Guidelines. The Panel suggested that
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some minor relaxation of the guidelines was justified.
The Panel is of the belief that the proposed hotel tower and the dome of
Planet Hollywood are complementary and the dome ameliorates the lesser
separation of these two buildings.
Architectural Peer Review Panel
• The Panel also believes that the garage /water park building does not require
views to the outside and formed the opinion that the hotel will be an isolated
building not negatively affected by sunlight or views.
• The Panel also provided a relaxed interpretation of the guidelines with
respect to the length to width ratio. While the Panel noted the ratio of 1 to
2.1 exceeds the guideline, they opined that the hotel is not excessively large.
Council's approval of the project should be conditional on streetscaping improvements
• All developments in the tourist area over 4 storeys are subject to a Section
37 Agreement to secure streetscape improvements along adjacent streets.
This agreement is to be executed prior to the passage of the amending by-
law.
• The applicant has provided a preliminary streetscaping plan for the portion
of Falls Avenue abutting the site, including the addition of approximately 16
trees and an outdoor cafe.
• For other high -rise developments, streetscaping contributions are based on
the frontage of the site multiplied by general cost of streetscaping per linear
metre of frontage ($1,043 =2008 Dollars). The site has approximately 91 m
of frontage, therefore a letter of credit in the amount of $94,900 would be
required to be submitted at the time of execution of the s. 37 agreement.
Zoning
The applicant has requested the site of the proposed hotel be placed under a site specific
TC zone to permit a 30 storey, 111 m (364 ft) tall hotel. The proposed hotel is sited on 7
different properties that are all owned by the applicant under different companies. The
properties will need to be recognized as one parcel under the proposed by -law to permit
the hotel and the parking arrangement. Current zoning under Zoning By -laws 5335 and
79 -200 permits a range of building heights between 10.7 m (35 ft) and 15.2 m (50 ft) on the
hotel site.
The amending by -law should implement the recommended siting and improvements to the
roof design. An enhanced roof feature may involve a slightly taller design. Should Council
accept staffs recommendations, the revised design should be reviewed and approved by
Council prior to passage of the by -law.
To permit the hotel the following site specific regulations are required.
• The applicant has requested that parking for the hotel be provided in the
adjacent parking garage which is located on lands owned by the applicant.
This garage will function as one site because cars and guests can directly
access the garage. Sufficient parking is available in this garage for all uses.
• The proposal seeks to exempt the development from providing a restaurant
and meeting rooms in the hotel. A breakfast area for hotel patrons would be
provided in the facility. There are extensive restaurant and meeting room
facilities in adjacent hotels owned by the applicant, therefore this exemption
is acceptable.
• It is proposed that the rear yard of the hotel's podium be reduced from 3m
(9.8 ft) to 0 m and lot coverage be increased from 70% to 100 %. As the
design guidelines encourage podiums to be built out to lot lines and a
frontage fully developed with buildings to create streetscapes that engage
pedestrians, these changes are appropriate.
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It is recommended that the proposed zoning by -law incorporate earlier approvals granted
by Council and the C of A that affect the subject lands.
The applicant will be required to enter into a site plan agreement which will ensure details
such as servicing, grading, drainage and safe access and traffic movements, pedestrian
circulation and landscape details are reviewed.
Conclusion
Through this planning analysis it was found that the proposal:
• Complies with the height policies and some design criteria of the Official Plan.
• Reducing the hotel tower mass and siting the hotel northward will provide a gap
which will reduce the 'wall of development' impact the hotel will have in this area.
• The addition of a distinct roof terminus including a roof feature will enhance the
appearance of the hotel and will assist in providing a better landmark at the end of
Rainbow Bridge.
• A supportive Architecture Peer Review was received.
• The proposed hotel will be part of a larger tourist serving complex where adequate
parking, meeting room and restaurant facilities are provided on adjacent lands
owned by the applicant. Therefore, requested changes to the zoning regulations
can be accommodated.
• Provided the hotel is sited to provide a gap between the hotel and the parking
garage /water park and an acceptable roof feature is provided, as outlined in this
report, the application can be supported.
Recommendation
That Council approve the Zoning By -law amendment application to permit a 30 storey
hotel, without meeting rooms and dining facilities, on the lands, subject to provision of a
gap between the hotel and parking garage /water park and a roof feature, and execution
of a Section 37 agreement.
Michael Kirkland, agent for the applicant provided Council with a brief outline of the
proposed 30 storey hotel. Mr. Kirkland described how parking movement would be
minimized and illustrated how the hotel would fit into the area.
The Public Meeting was now closed.
ORDERED on the motion of Councillor Fisher, seconded by Councillor Thomson
that the report be approved as recommended.
Carried Unanimously
PD- 2009 -03 - AM- 2008 -034 - Zoning By -law Amendment Application, City of Niagara
Falls, Regulating Nightclubs and bars in the Historic Drummondville Area.
The Director of Planning and Development reviewed the recommendations and
provided the following information.
Background
On December 15, 2008, Council directed staff to process a Zoning By -law amendment for
the portion of Historic Drummondville zoned General Commercial to regulate bars and
nightclubs.
The proposed changes are summarized as follows:
Add the City's current definitions for nightclubs (any licensed establishment above
499 persons of occupancy) and licensed establishments (any premises licensed to
serve liquor) and add them to the list of permitted uses.
• Delete taverns from the list of permitted uses to avoid conflict with the above noted
terms.
• Require nightclubs to be separated from a residential zone by a minimum distance
of 45 m (148 ft)
• Require nightclubs to be separated from other nightclubs or licensed establishments
by a minimum distance of 100 m (328 ft); and
Require nightclubs to provide one on -site parking space per 5 persons of
occupancy.
Staff also investigated whether the City's current occupancy levels used to differentiate
between a nightclub and a licensed establishment are appropriate for the Historic
Drummondville area.
Planning Analysis
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The current size of a nightclub established at an occupancy over 499 persons provides a
consistent approach in the City.
• The current definition of a nightclub adopted by Council in 2004 for the Central
Business District was based on research conducted by RCI Consulting for the
Niagara Falls Downtown Board of Management. RCI found that nightclubs with
over 500 persons occupancy appeared to be causing policing issues and many of
the parking problems in the CBD and surrounding residential area.
Staffs research have found that occupancy limits of 500 was one which the City of
Burlington had adopted in 2001 after their research indicated that nightclubs with
occupancy over 500 persons have significantly more criminal and policing problems.
• The number of complaints about nightclubs and their related parking and policing
problems in the CBD has significantly dropped since the City amended the Zoning
By -law. In addition, these zoning standards have not been challenged, making the
size limit extremely defensible.
Applying the current regulatory provisions and definitions of nightclub and licensed
establishment to Historic Drummondville area ensures a uniform standard in the City.
• When Council decided to regulate nightclubs in the CBD they adopted a regulatory
provision to require nightclubs to be a minimum of 45 m (148 ft) from any residential
zone to mitigate impacts such as on- street crowding and excessive noise on nearby
residents. Council also adopted a provision that requires nightclubs and other
licensed establishments to be located a minimum of 100 m (328 ft) from each other
to further address crowding and other problems encountered at closing times.
• In order to address parking issues, Council required nightclubs to provide 1 on -site
parking space for each 5 persons of occupancy. Prior to the amendment, taverns
within specified areas were exempt from the City's parking requirements by zoning
provisions that were adopted in 1981.
• The CBD and Historic Drummondville have similar land uses, built form and
development issues. The regulations introduced in the CBD to control nightclubs
were based on research and sound planning principles. Given the similarity of the
two areas, they should be treated the same.
With the introduction of the terms nightclub and licensed establishment to the GC zoning
in Historic Drummondville, taverns should be removed from the list of permitted uses.
• Taverns are currently permitted in the GC zone, but are undefined. If Council
introduces definitions of a nightclub and a licensed establishment to Historic
Drummondville, taverns should be removed from the list of permitted uses to
eliminate the possibility of someone trying to circumvent the new terms and
regulations.
The current parking exemption afforded to restaurants should be extended to licensed
establishments.
Restaurants and many other uses within a specified area of Historic Drummondville
have been exempt from providing parking since 1981. The exemption was put into
place to recognize the generally small scale, pedestrian oriented uses that occur in
this area and the inability to provide on -site parking because the majority of
properties are fully developed with buildings. As a licensed establishment is
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expected to generate less of a parking demand than a nightclub, it would be
appropriate to extend parking exemptions within the Historic Drummondville area
as outlined on the following map.
All licensed establishments in Historic Drummondville outside the area shown on
the following map are currently required to provide parking and these regulations
are not proposed to be changed.
Conclusion
The introduction of new terms and regulations reflect contemporary standards for
businesses licensed to serve alcohol by the Province. Applying the same standards to
Historic Drummondville as used in the Downtown area of the City represents a consistent
approach. The standards used in the Downtown have not been challenged and previous
complaints have disappeared.
Recommendation
That Council approve the Zoning By -law amendment application to define and establish
regulations for licensed establishments and nightclubs in the Historic Drummondville area.
Gord West, 5774 Hannan Avenue, of the Board of Museums, supports the
recommendations of staff but would like the capacity numbers reconsidered.
Dr. Sara Daniel, 5668 Main Street, is generally in support of the recommendation
but would like to see better descriptions on the various uses.
Ruth -Ann Nieuwesteeg, Chair, Main & Ferry BIA, indicated that the BIA support the
proposed By -law Amendment Application but would also like to see capacity levels
decreased.
Jim Custodio, 6306 Carlton Ave., is opposed to bars.
Pastor Evan Craig, Main Street Baptist Church. He believes it is of the upmost
importance to see these businesses regulated so as to halt further advancements of them
into the family areas of the CIP area.
The Public Meeting was now closed.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that
the report be deferred and staff look at what other jurisdictions have used for definitions.
ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes
that staff work with neighbours, businesses and Council be notified of any upcoming
meetings.
Carried Unanimously
Background
PD- 2009 -04 - AM- 2008 -037, Zoning By -law Amendment Application, 6253 Skinner
Street, Applicant: David Corfield, Agent: Lou Melone, Permita Second Dwelling Unit
in a Single Detached Dwelling.
The Director of Planning and Development reviewed the recommendations and
provided the following information.
The applicant has requested an amendment to the Zoning By -law for a 372 sq m (4000 sq
ft) parcel of land.
A one storey single detached dwelling currently exists on the property and the proposal is
to add additions to the front and rear of the dwelling to accommodate a second dwelling
unit for a disabled person.
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Current zoning does not permit a second dwelling unit.
The R1 E zoning is requested to be amended; site specifically to permit:
• two dwelling units on the property;
• an increase in driveway width; and
an increase in lot coverage
Planning Analysis
Provincial Policy
The Provincial Policy Statement directs municipalities to facilitate different forms of
residential intensification.
The provision of second dwelling units in single detached dwellings is one form of
residential intensification promoted by the Province.
Official Plan
The property is designated Residential which permits a range of housing types.
Low density forms of housing such as single detached, semi - detached, duplex and triplex
dwellings provide the majority of residential accommodation in the City.
New residential development is to be integrated to achieve compatibility and sensitivity with
the surrounding development.
The alterations proposed to the dwelling to add a second dwelling unit are compatible and
sensitive with the dwellings on the street and will have no adverse impacts on municipal
services and represents an efficient use of resources.
Zoning
The property is zoned R1 E which only permits a single detached dwelling.
Site specific zoning provisions are requested to be added to the property's R1 E zoning to
permit a two -unit dwelling.
Site specific provisions will also permit:
• Increase the maximum driveway width from 50% of the lot frontage (6.1 m or 20 ft)
to 55% (6.7 m or 22 ft). The widening of the existing driveway is to accommodate
a wider handicapped parking space for the second dwelling unit. The total width of
the driveway will be 6.1 m (20 ft), however, because of the neighbouring driveway
to the west encroaches by 0.6 m (2 ft), the total area of the front yard used for
driveway exceeds the by -law maximum. This increase in width is determined to be
minor as it still preserves enough landscaped open space in the front yard to
maintain the desired character.
• Increase the allowable building lot coverage from 40% of the lot area to 41% to
accommodate the proposed additions to the dwelling. This minor increase will not
have any noticeable impact. Current zoning standards would allow the dwelling to
have a second storey, but a single storey, which is more accessible and in keeping
with the homes on the street is favoured.
The addition proposed to the front of the dwelling is set back 4.26 m (14 ft) from the street
which is the average of the front yard setbacks provided by the abutting dwellings, which
is permitted in By -law 79 -200 for infill dwellings.
Conclusion
The requested Zoning By -law amendment to permit a second dwelling unit can be
supported for the following reasons:
• The proposal is supported by Provincial Policy initiatives and complies with the
Recommendation
The Public Meeting was Closed.
with Councillors loannoni and Wing opposed.
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Official Plan and represents an efficient use of resources.
• The second dwelling unit will not alter the character of the surrounding
neighbourhood nor impact municipal services.
• The minor increase to the maximum driveway width to accommodate a second
parking space plus the encroachment will leave enough landscaped open space to
maintain the character of the area.
• The minor increase in permitted building lot coverage will not have any noticeable
impacts on the surrounding area.
That Council approve the Zoning By -law amendment application to permit a second
dwelling unit in the dwelling, to permit a driveway width of 6.7 m (22 ft) and to permit a lot
coverage of 41%.
Lou Melone, agent for the applicant was pleased with the staff report and
recommendations and asked that Council support the second dwelling unit in a single
detached dwelling.
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
loannoni that the report be approved as recommended.
MISCELLANEOUS PLANNING MATTERS
Carried Unanimously
CD- 2009 -01 - Chief Administrative Officer - Canadian Urban Institute Report from
Downtown Workshop Held October 20, 2008 and Proposed Downtown Steering
Committee.
The report recommends that Council receive the Revitalizing Downtown Niagara
Falls Report prepared by the Canadian Urban Institute (CUI) as a result of the October
2008 Workshop, and that the proposed Terms of Reference for the new Downtown
Steering Committee be accepted.
ORDERED on the motion of Councillor Thomson, seconded by Councillor
Pietrangelo that the report be approved with an amendment to the membership, up to 4
members of City Council with 2 alternates.
Motion Carried
PD- 2009 -02 -Chief Administrative Officer - Matters Arising from Municipal Heritage
Committee
The report recommends that Council proclaim the Week of February 16 -21 as
Heritage Week 2009.
PD- 2009 -07 - Chief Administrative Officer - AM- 2008 -029, Official Plan and Zoning
By -law Amendment Application, 6320 Pine Grove Avenue.
The report recommends that Council receive this report for information.
PD- 2009 -09 - Chief Administrative Officer- PLC - 2008 -03, Request for Removal of
Part Lot Control Lot 119, Registered Plan 230, 4670 - 4680 Dorchester Road
Northeast Corner of Pinedale Drive) Owners: Sena Ekmekci & Nurten Daglar.
The report recommends:
That Council approve the request and pass the by -law included in tonight's agenda
to designate Lot 119, Registered Plan 230, as exempt from Part Lot Control.
2. That the owners be given one year to create the individual parcels and notify the
City when the separate deeds have been registered.
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3. That the owners dedicate the required daylighting triangle with 7 metre legs at the
intersection of Dorchester Road and Pinedale Drive to the City prior to the
registration of the Part Lot Control By -law.
PD- 2009 -10 - Chief Administrative Officer- PLC- 2008 -04, Request for Removal of
Part Lot Control Lot 63, Registered Plan 59M -33, 3903 -3905 Sinnicks Avenue ( South
of Orlando Drive) Owner: Marcus Klein. The report recommends:
1. That Council approve the request and pass the by -law included in tonight's agenda
to designate Lot 63, Registered Plan 59M -33, as exempt from Part Lot Control.
2. That the owner be given one year to create the individual parcels and notify the City
when the separate deeds have been registered.
ORDERED on the motion of Councillor Wing, seconded by Councillor Thomson that
the reports be approved as recommended.
MAYOR'S REPORTS, ANNOUNCEMENTS
Carried Unanimously
Mayor Salci offered condolences to the family of the late Delores Martin, a retired
City employee, to a former city employee Jack Stephenson and his family on the loss of
Jack's wife, Milly; to Nancy Elsley of the Clerks department of her mother Lorna Elsley's
passing; to Richard and Antoinette MacWhirter, city employees on the passing of Richard's
father, Calvin MacWhirter; to Kim Belushak, a city employee on the passing of her father,
Michael Belushak; to the Ricci family on the passing of Olga Ricci, a renowned proprietor
in Niagara Falls and also to the family of June Foxwell a prominent community worker.
Mayor Salci advised of some recent events: City Service Centre staff diligently
worked to ensure the safety of our roads over the holidays when the City was struck by
snow storms, another successful "Sleep Cheap" Campaign and the 20` Anniversary of the
Sports Wall of Fame Induction in Niagara Falls.
Mayor Salci advised of an upcoming events: The Sparkle Awards, hosted by the
Winter Festival of Lights.
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. YMCA - Request for support for private legislation amending the YMCA of St.
Catharines Act.
RECOMMENDATION: For the Approval of Council
2. Bethlehem Place - Request for Exemption of Development Charges for the Not -For
Profit Housing Projects of Niagara, 6185 Kalar Road.
RECOMMENDATION: For the Consideration of Council
ABC Canada - Requesting that January 27 2009 be recognized as "Family Literacy
Day" to promote the importance of reading and engaging in other literacy - related
activities.
RECOMMENDATION: For the Approval of Council
4. Downtown Board of Management - List of the newly elected members.
RECOMMENDATION: For the Approval of Council
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5. Correspondence from Nick Ricci - Requesting permission to erect a plaque on City
owned property, Portage Road and Fallsview Boulevard commemorating efforts of
his parents Mac and Olga Ricci.
RECOMMENDATION: Staff work with Mr. Ricci regarding the appropriate location
of the plaque on City property.
6. Petition from Residents of Mulhern Street - Requesting curbs and sidewalks.
RECOMMENDATION: Refer to Capital Budget for Consideration
7. Chippawa Tim Horton's - Requesting permission to carve the trunk of a City tree
in front of the property.
RECOMMENDATION: For the Consideration of Council
ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that
communications 1,3,4,6 and 7 be approved as recommended or requested.
Carried Unanimously
LEGAL MATTERS
REPORTS
L- 2009 -10- Declare Surplus Part 1 of Reference Plan 59R -11659 and Part of Part 2 on
Reference Plan 59R -11659 ( Buttrey Street Lands). It is recommended that Part 1 and
Part 2 on Reference Plan 59R -11659 ( "subject lands ") as shown hatched on Attachment
"1 ", be declared surplus.
L- 2009 -03 - City Laneway Encroachment Issue Located between 5731 and 5011
Centre Street. It is recommended that:
1. That the laneway located between 5731 and 5011 Centre Street ( "subject lands "),
and shown hatched on Attachment "1", be permanently closed and declared surplus;
and
2. That portion of the laneway located to the rear of the wooden gate be offered to the
encroaching landowner located at 5011 Centre Street.
ORDERED on the motion of Councillor Fisher, seconded by Councillor Thomson that
the reports be approved as recommended.
Carried Unanimously
RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS
ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson
that the actions taken in Community Services Committee, on January 26, 2009 be
approved.
Carried Unanimously
The minutes of the December 15, 2008 meeting be approved.
PD- 2009 -08
The City's Growth Management Strategy/
Niagara 2031 - Regional Niagara's Growth
It is recommended that the Committee endorse:
1. the position that Option D should be revised to recognize that Niagara Falls
as being well positioned to receive significant growth in the short and medium
term due to its location and the recent investments in infrastructure to support
future growth;
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2. the Region incorporate northwest area within the urban area to be promoted
as an employment node due to its proximity and exposure to the QEW in
order for the City to satisfy the identified role of the City as a major employer
in the region and to implem ent the recommendations of the Gateway
Economic Zone Study;
3. staff working in conjunction with the Region to secure incentive programs for
the City to further develop employment lands as part of the Gateway
Economic Zone; and
4. staff undertake with the 2009 Planning Work Program the review of the
Residential, Housing and Industrial policies of the Official Plan to implement
the City and Regional growth management studies discussed in this report.
3. TS- 2009 -04
Beaver Valley Way and Beaverton Boulevard
All Way Stop Control
1) That an all -way stop control be installed at the intersection of Beaver Valley
Way and Beaverton Boulevard; and
2) That staff re- evaluate six months following implementation.
4. TS- 2009 -12
Ramp Retrofit of Four City Buses
1) That the supply and installation of four accessibility ramps be awarded to
Mississauga Truck and Bus Collision at an upset limit of $107,424.24
2) That the Mayor and the Clerk be authorized to execute the necessary
agreements.
5. That staff investigate signage that is blocking decorative lighting in the Fallsview
area.
6. That staff prepare a report on spectator heating in the City arenas.
7. That the sidewalk on the north side of Mountain Road between January Drive and
Dorchester Road be added to the sidewalk snow plough list.
RATIFICATION OF CORPORATE SERVICES COMMITTEE MATTERS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes
that the actions taken in Corporate Services, on January 19 and 26, 2009 be approved.
Carried Unanimously
1. That the minutes of the December 15, 2008 and meeting be adopted as recorded.
2. R- 2009 -01
Playing Field Fees
1) That playing field fees be developed for implementation in 2009.
3. CAPITAL BUDGET WORKSHOP
1) That the $3.9 million grant from the Provincial Government be applied to 2009
Capital
Projects.
2) That staff investigate a "pay as you go" philosophy for future capital projects
and report back on the implications.
- 14 - January 26, 2009
Council Minutes
3) That staff implement the considerations for Council outlined in the Capital
Budget Workshop presentation.
GENERAL PURPOSES BUDGET
1) That staff remove the Greater Niagara General Hospital Foundation's 2009
grant request in
the amount of $100,000 from the General Purposes Budget.
2) That all 2009 permissive grant requests, with the exception of Niagara Falls
Board of Museums, Niagara Falls Library Board, Downtown Niagara Falls BIA
and Niagara Falls Tourism, receive a 0% increase.
3) That there be a 0% increase to Niagara Falls Tourism's 2009 grant request.
4) That the $100,000 grant request from the Downtown Niagara Falls BIA be
denied.
5) That the CIP funding be reduced by 50% to the amount of $465,000 and that
the CIP accounts be pooled into one fund, with funding available on a first
come, first serve basis.
6) That the City leaf pickup service be eliminated and remove the $77,000
expense from the
2009 General Purposes Budget.
8) That staff report back on identifying any opportunities to increase revenues
in Payment in Lieu's.
9) That staff prepare a prioritization exercise on all conferences and conventions
submitted in
the 2009 General Purposes Budget.
5. F- 2009 -02
Borrowing By -law
That the amount allotted in the 2009 General Purposes Budget for Animal
Control Services
be reduced by $225,000.
1) That Council approve the borrowing of up to maximum sum of $24,000,000
for current expenditures.
6. F- 2009 -03
2009 Interim Tax Levy
1) That Council approve the 2009 Interim Tax Levy calculation and;
2) That Council approve the passing of a by -law providing for a 2009 Interim Tax
Levy
7. F- 2009 -04
Approval of Interim 2009 Spending Limits
That, in the absence of an adopted 2009 Current Budget, Council approve the
following:
1) City divisions be allowed to incur costs to a level of 50% of the divisions'
expenditure budget of the prior year.
2) New capital items deemed essential by a division be approved by Council
prior to purchase.
- 15 - January 26, 2009
Council Minutes
3) That this policy be communicated to all Commissions, Boards and Agencies,
that City contributions not exceed a monthly pro rated share of the prior year's
support.
8. GENERAL PURPOSES BUDGET:
1) That staff request that the Museum Board attend the February 9, 2009
Corporate Services meeting to discuss the Museum Board's 2009 operating
budget and the Museum Legacy project.
2) That staff report back on February 9, 2009 with further recommendations on
possible spending cuts to the operating budget.
RATIFICATION OF IN CAMERA COMMITTEE RECOMMENDATIONS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor
Thomson that the recommendation from the "In Camera" meeting on January 26, 2009 be
approved.
1. That Council authorize staff to undertake a Phase 2 Environmental Assessment of
7863 Garner Road.
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- 2009 -01 - Municipal Accounts It is recommended that Council approve the municipal
accounts totalling $33,206,699.94 for the period November 6, 2008 to January 8, 2009.
L- 2009 -01- Niagara Falls to Thorold Watermain Interconnect, Proposed
Land /Easement Exchange with the Region MacBain Community Centre and The
Meadows of Dorchester. It is recommended that Council approve the transfer of land and
land exchange between the parties as described in this Report.
L- 2009 -04 - Vince Encroachment Agreement with the City, Otter Street. It is
recommended that Joseph Daniel Vince (the "Owner ") be permitted to encroach onto City -
owned lands abutting 4352 Otter Street; and that the Mayor and Clerk be authorized to
execute an Encroachment Agreement.
L- 2009 -06 - Release of Agreement Part 4 on Reference Plan 59R -13060 Dorchester
Road. It is recommended that the release of a Site Plan Agreement dated June 6, 1997 and
registered on title over Part 4 on Reference Plan 59R- 13060, is hereby approved and
authorized.
MW- 2009 -02 - 2009 New Sidewalk Program Committee. It is recommended that this
report be received and filed
TS- 2009 -06 - Update to By -laws 89 -2000, 96 -50, 94 -262 & 80 -77. It is recommended that
the by -law appearing on tonight's agenda amending By -laws 89 -2000, 96 -50, 94 -262 and
80 -77 be approved.
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Council Minutes
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio
that the reports be approved as recommended.
Carried Unanimously
BY - LAWS
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati
that the by -laws be given a first reading.
Carried Unanimously
2009 -01 A by -law to designate Lot 119, Registered Plan 230, not be subject to part-lot
control. (PLC- 2008 -03)
2009 -02 A by -law to designate Lot 63, Registered Plan 59M -33, not be subject to part-
lot control. (PLC- 2008 -04)
2009 -03 A by -law to amend By -law No. 2005 -131, which amended By -law No. 79 -200,
to remove the holding symbol (H) on the lands on the east side of Montrose
Road, opposite Matthews Drive, to allow the construction of townhouse
dwellings. (AM- 16/2004)
2009 -04 A by -law to amend By -law No. 80 -114, being a by -law to designate private
roadways as fire routes along which no parking of vehicles shall be permitted.
2009 -05 A by -law to authorize the execution of a Lease Agreement with John Bevan
respecting the lease of Reilly Street end, Niagara Falls.
2009 -06 A by -law to permanently close part of a highway. Stanley Avenue (former
Niagara Freeway Lands)
2009 -07 A by -law to establish Part of Lot 492, Plan 297, being Part 2 on Reference
Plan 59R- 13223, as a public highway, to be known as and to form part of
Victoria Avenue.
2009 -08 A by -law to permanently close part of a highway.
2009 -09 A by -law to establish Part of Lot 485, Plan 9 and Part of Lot 493, Plan 297,
being Part 3 on Reference Plan 59R- 13223, as a public highway, to be known
as and to form part of Kitchener Street.
2009 -10 A by -law to authorize an Application General to amend the register to release
a Site Plan Agreement over Part 4 on Reference Plan 59R -13060 and
registered as Instrument Number RO728683.
2009 -11 A by -law to authorize a land exchange /sale with The Regional Municipality of
Niagara.
2009 -12 A by -law to establish Part of Township Lot 81, Stamford, being Parts 1 and
2 on Reference Plan 59R- 13807, as a public highway, to be known as and to
form part of Kalar Road.
2009 -13 A by -law to establish Part of Township Lot 150, Stamford, being Part 2 on
Reference Plan 59R- 13759, as a public highway, to be known as and to form
part of Kalar Road.
2009 -14 A by -law to authorize the execution of an Encroachment Agreement between
Joseph Daniel Vince and The Corporation of the City of Niagara Falls, for the
purpose of permitting an encroachment onto a City road allowance.
2009 -15 A by -law to declare Part Township Lot 92 Stamford being Part 1 on Reference
Plan 59R -11659 and Part Township Lot 92 Stamford being part of Part 2 on
Reference Plan 59R - 11659; in the City of Niagara Falls, in the Regional
Municipality of Niagara, surplus.
- 17 - January 26, 2009
Council Minutes
2009 -16 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City Roads. ( Beaverton Boulevard & Beaver Valley Way, Erwin
Cres.)
2009 -17 A by -law to amend By -law No. 89 -2000, No. 96 -50, No. 94 -262 and No. 80-
77.
2008 -18 A by -law to provide for appointments to certain Boards, Commissions and
Committees.
2009 -19 A by -law to provide an interim levy of realty taxes.
2009 -20 A by -law to authorize temporary borrowing.
2009 -21 A by -law to authorize the payment of $33,206,699.94 for General Purposes.
2009 -22 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 26` day of January, 2009.
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
Stamford Collegiate
ORDERED on the motion of Councillor Fisher, seconded by Councillor Maves that
a letter of thanks /congratulations be send to the major donors of the Hyde- Pederson Fitness
Centre.
Carried Unanimously
NHS Improvement Plan
ORDERED on the motion of Councillor Diodati, seconded by Councillor loannoni that
Council extend an invite to Ministers Caplan and Bradley to discuss with Council the effects
the Hospital Improvement Plan will have on our Community.
Carried Unanimously
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that a letter be sent supporting the efforts of Mayors Martin and Badaway opposing the
Hospital Improvements Plan and requesting that they present their communities petitions
along with the petitions received in Niagara Falls to the provincial legislature.
Carried Unanimously
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that
the meeting be adjourned at 9:50 p.m.
Carried Unanimously
ibk—
NEW BUSINESS
EAN 10 1 D,4, CITY CLERK R.T. (TED) SALCI, MAYOR