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2010/01/25DEAN IORF,I A, CITY CLERK 2010 Olympics FIRST MEETING IN CAMERA MEETING Council met on Monday, January 25, 2010 at 5:45 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, January 25, 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 Pietrangelo, seconded by Councillor Maves that the minutes of December 14, 2009 be approved as printed. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Thomson indicated a conflict to report TS- 2010 -07. DEPUTATIONS /PRESENTATIONS Committee Room 2 January 25, 2010 Pe- R.T. (TED) SALCI, MAYOR Councillor Wing indicated a pecuniary interest to cheque no. 333779, made payable to herself. Councillor Pietrangelo indicated a conflict to a wireless transfer to the Niagara Catholic School Board and to an issue in Community Services regarding the addition to sidewalk clearing. Mayor Salci indicated a pecuniary interest to cheque no. 333724, made payable to himself. Mayor Salci accepted a piece of artwork from Margaret Pirosko of RBC that was created during the Olympic Torch Relay Celebration and will be displayed at City Hall. - 2 - January 25, 2010 Council Minutes Mayor Salci recognized Joanna Shelton, Manager of McDonald's on behalf of City Council for being chosen to work at the Olympics. CARES Foundation 8 Annual Strike Out Violence Bowling Tournament Mark Lightfoot and Joe Talarico addressed Council on the organization's annual Strike Out Violence Bowling Tournament, which is being held Friday, February 26 2010. ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes that Council enter a team into this year's tournament. PLANNING MATTERS Carried Unanimously 2010 Tim Horton's Bowl for Kids Sake Campaign Jon Braithwaite, Executive Director, informed Council about the current programs of Big Brothers Big Sisters. He advised that this year's Tim Horton's Bowl for Kids Sake Event will take place on Saturday, February 20 2010 and their goal this year is $70,000. ORDERED on the motion of Councillor Diodati, seconded by Councillor Wing that Council enter a team into the event. Carried Unanimously PD- 2010 -01 -AM- 2009 -002, Official Plan and Zoning By-Iaw AmendmentApplication. Applicant: City of Niagara Falls. Part 1 - Montrose Business Park, Part 2 - Update By- law Schedules Illustrating Where Adult Entertainment Parlours and Body Rub Parlours are Permitted. The Director of Planning and Development reviewed the recommendations and provided the following information. Background Council deferred this application at its November 16, 2009 meeting so that the application could be revised to include an Official Plan Amendment as well as a Zoning Amendment for the environmentally sensitive areas. Montrose Business Park — Environmental Lands Changes are proposed to the OP designations and the site specific zoning of the Business Park to place Provincially Significant Wetlands and a natural corridor under an Environmental Protection Area designation and zoning. Changes are also proposed to the site specific PI -278 zoning that affects the Business Park to introduce contemporary zoning terminology and regulations. Adult Entertainment Parlours — Updates to Schedules As a housekeeping measure, the proposed amendments make no changes as to where these uses are permitted, but ensures readers of they by -law are not mislead by the out of date schedules. Planning Analysis Official Plan (OP) - Montrose Business Park Lands are designated Industrial in part, and Environmental Protection Area (EPA), in part. Industrial areas are intended for a wide range of industrial uses. The OP directs that zones be established that group together businesses with similar characteristics, such as prestige type businesses. EPA lands are to be maintained in their natural state. In addition, development is prohibited in natural areas such as significant wetlands, regardless of the land use designation. - 3 - January 25, 2010 Council Minutes The proposed EPA designation is intended to protect significant natural areas in the Park. These areas were identified in a study completed by the City's environmental consultant (Lisa Campbell & Assoc.) The study identifies a Provincially Significant Wetland and a natural corridor (for wildlife movement between wetland areas), as areas that should be protected. The proposed designation will protect a larger significant natural area. Placing the subject natural lands under an EPA designation communicates to the public and prospective purchasers of lots in the Park, the location of the environmental lands that are to be protected. Montrose Business Park — EPA Zone The proposed EPA zone corresponds to the same area as the proposed EPA designation. Currently the area is zoned Hazard Land (HL) which permits a wider range of uses than the proposed EPA zone. The lands would be limited to a recreational trail use, which if designed properly will not impact on the natural areas. Comments from the Niagara Peninsula Conservation Authority (NPCA) indicated there may be additional woodlands and an intermittent watercourse outside the proposed EPA designation and zone. Although these areas were not identified as significant in the study, it is recommended that future site plan applications in the park be reviewed by NPCA to determine the need for a further Environmental Impact Study or Tree Saving Plan. Although the Environmental Study was completed in 2005, recent completion of the lot layout allows the final zone boundaries to be established. Montrose Business Park — Proposed Prestige Industrial Zone The current zoning restricts uses to prestige and light industrial type uses, research and development facilities, publishing and printing establishments and complementary commercial uses. In accordance with the OP policies, these uses are similar in nature and character. The proposed by -law simplifies the terminology used for permitted uses, using such terms as "office" and "production and data processing establishment" to reduce the number of terms used. To focus on business development and eliminate any conflicts with planned commercial areas, certain commercial uses such as home improvement warehouse retail outlets, new car agencies, personal service shops, banks, restaurants and health centres have been deleted. To ensure the Business Park is developed to a high standard, the proposed by -law retains the standards of the current by -law: ► minimum lot and building areas; ► generous building setbacks, and landscape requirements. Updated Mapping delineating where Adult Entertainment Parlours and Body Rub Parlours are permitted To minimize adverse impacts on more sensitive land uses and to avoid exposure of these uses to families and children, adult entertainment parlours and body rub parlours are restricted to industrially zoned lands provided the properties are located a minimum of 300 m (984 ft) from residential, institutional, open space and other similar community /institutional uses, and a minimum of 100 m (328 ft) from a controlled access highway. These requirements were implemented in 2002 by incorporating schedules into By -law No. 79 -200 that illustrate which industrially zoned lands meet the above noted setbacks and can be used for adult entertainment parlours and body rub parlours. - 4 - January 25, 2010 Council Minutes Since 2002 certain industrial areas have been rezoned for residential and open space purposes : Fernwood Su bdivision; Thundering Waters Golf course and associated residential development; and Warren Woods residential lands. Schedules should be updated to delete these areas to reflect the associated separation distances. Adult entertainment parlours and body rub parlours were never permitted in the Montrose Business Park due to the prestige business oriented image and therefore, this area should also be deleted from Schedule 'C'. The Regional Municipality of Niagara has noted that the following schedule illustrates some lands where significant natural features exist and requests these areas be deleted from Schedule 'C' of By -law 79 -200. These features are located within Warren Woods and Thundering Waters areas both of which have been approved by Council to develop for residential purposes. Secondary Plans are underway which will accurately delineate the natural areas and guide the future zoning for these areas. It is best to deal with the Region's request at the time of establishing zoning for the Warren Woods and Thundering Waters neighbourhoods. Conclusion This is a staff initiated Official Plan and Zoning By -law amendment to protect environmentally sensitive lands, to provide more contemporary zoning regulations to guide the development of the Montrose Business Park and to ensure the schedules contained in Zoning By -law No. 79 -200 properly illustrate where adult entertainment parlours and body rub parlours are permitted. The application can be approved for the following reasons: ► Significant natural areas in Montrose Business Park will be protected through the proposed Official Plan policies and zoning regulations; ► The proposed Business Park zoning conforms with the City's Official Plan with respect to industrial development and will facilitate the development of a high quality business park; and ► The housekeeping changes to the schedules illustrating where adult entertainment parlours and body rub parlours are permitted to locate will remove those lands from the schedules which can no longer be considered for these uses because of recent amendments to the City's Official Plan and Zoning By -law. Recommendation That Council approve the Official Plan and Zoning By -law amendment application: ► To protect environmentally sensitive lands; ► To apply more contemporary zoning regulations for the Montrose Business Park; and ► To update the schedules which illustrate industrial areas where adult entertainment parlours and body rub parlours may be allowed. That Council adopt the Official Plan amendment and pass the two zoning by -laws tonight's agenda to implement the changes. The Public Meeting was Closed. on ORDERED on the motion of Councillor Thomson, seconded by Councillor Mayes that the report be approved as recommended. Carried Unanimously Background January 25, 2010 Council Minutes PD- 2010 -09 -AM- 2009 - 004 - Official Plan and Zoning By-Iaw AmendmentApplication. 6570 Frederica Street and Frederica Street ( North Side ). Future Residential Use of Surplus City Land. Applicant: City of Niagara Falls. The Director of Planning and Development reviewed the recommendations and provided the following information. The City- initiated application is to change the Official Plan designation and zoning on Parcels 1 and 2 to allow future residential development. Parcel 1 is 1.2 ha (3 ac) and Parcel 2 is 3,130 sq m (33,692 sq ft). These lands contain the Stamford and Jack Bell arenas and associated parking lots that have been declared surplus by the municipality and will be offered for sale. The existing Prince Edward Park is to remain. The matter was first presented to Council in July 2009. At that time staff were recommending Parcel 1 be rezoned to Residential Single Family and Two Family zone (R2) the same zone that applies to the surrounding residential Tots. This would have allowed Parcel 1 to be developed with single detached, duplex and semi - detached dwellings. Council deferred the matter and directed staff to prepare a development concept for multi family dwellings on Parcel 1 and consult with the neighbouring residents. A concept plan for 33 dwelling units was presented to neighbours at an open house on December 7, 2009. Planning Analysis Provincial Policy and Regional Policy Plan The subject properties are located within the Urban Area Boundary and within the Built -up area. Both Provincial and Regional policies promote the provision of a mix of compatible housing and the efficient use of land and services within the built area. Because the current land use and the close proximity to Hwy 420, several studies including noise and environmental site assessments will have to be undertaken before the lands can be developed for residential purposes. Neighbourhood Open House Open House was held on December 7, 2009 Three neighbours attended and made the following requests: ► a portion of lands along north side of Cook St be retained as parkland; ► Improvements to the playground equipment ► if sewers and water lines would support the development Documentation of the Heritage Value of the Arenas Prior to the sale of the land demolition of the buildings a photographic /video record of the arenas should be undertaken. Official Plan Parcel 1 is currently designated Open Space in the OP reflecting its current use for recreation. Parcel 2 is designated Residential indicating that it can be developed for housing. - 6 - January 25, 2010 Council Minutes Given that there is sufficient parkland in the Planning District to serve area residents, the highest and best alternative use of Parcel 1 is for residential purposes and therefore the designation should be changed accordingly. The OP encourages compatible infill developments that contribute to the City's supply of housing units and make efficient use of existing services. The lands are located along a collector road (Frederica St) which permits development of multiple unit dwellings, including townhouses and low rise apartment dwellings. The proposed development will contribute to the City's housing supply without the need to extend municipal services. Zoning Both Parcel 1 and 2 are zoned Open Space. Parcel 1 zoning is proposed to be changed to a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone to permit the pr operty to be developed for townhouses. The proposed R4 zone on Parcel 1 would allow a more efficient use of urban lands through townhouse development rather than single or semi-detached Tots. The height and massing of the proposed townhouses are compatible with the surrounding dwellings. Adequate landscaping would further compatibility with the surrounding neighbourhood. Sufficient transportation and servicing infrastructure are available to serve the development. The standard R4 zone permits townhouses and apartments. A site specific R4 zone is recommended to limit the site's development to townhouses. The development concept has been designed with most of the units oriented toward and internal and private driveway to minimize the number of driveways to Frederica or Cook St. In order to allow the flexibility of having townhouse units front onto Frederica St. with garages in the rear yard, the amenity areas for these units can be provided on their interior side. Parcel 2 zoning is proposed to be changed to a site specific R4 zone which will permit the property to be developed for one family detached, semi - detached and duplex dwellings or an apartment dwelling. The site specific zone will combine the permitted uses and standards of both the R2 and R4 zone and is intended to provide development options. The usable depth of Parcel 2 is limited by MTO's 14m setback from Hwy 420. As such, a small, low rise apartment may be the best option for the site. Based on the minimum lot area provisions of the R4 zone, the parcel would permit a maximum 15 unit apartment. Alternatively, single or semi - detached homes could be constructed on the land based on the regulations contained in the R2 zone. The parcel could contain approximately 7 lots for single- detached units or 5 semi - detached lots (10 dwellings). An Environmental Site Assessment and Record of Site Condition will be required for the arena site prior to future residential development. A noise study is required for Parcels 1 and 2 to address possible issues including any warning clauses or construction requirements to mitigate highway noise. Conclusion The Official Plan and Zoning By -law amendment can be approved for the following reasons: ► The proposal is consistent with Provincial, Regional and City planning policies which promote the provision of a mix of compatible housing and the efficient use of land and infrastructure. - 7 - January 25, 2010 Council Minutes ► The application of holding provisions to the lands will ensure any environmental concerns on the arena site are addressed and any noise impacts from Highway420 are mitigated prior to development. Recommendation That Council approve the Official Plan and Zoning By -law amendment application to redesignate and rezone Parcel 1 Residential and a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone respectively and rezone Parcel 2 a site specific Residential Low Density, Group Multiple Dwellings (R4) zone that also permits the uses allowed by the Residential Single Family and Two Family zone (R2). That holding (H) provisions be applied to the lands to ensure environmental and noise issues are addressed prior to development. Greg Black, 5517 Prince Edward Avenue, expressed his concern with the number of units being proposed for this area. He stated that the area currently has four entertainment establishments in the area and believes this will be troublesome for the neighbourhood. Mr. Black didn't want to see the loss of so many trees. ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that the report be approved with an amendment that the garage requirement be revised in the by -law. Carried Unanimously BUDGET MATTERS Mayor Salci stepped down and Councillor Pietrangelo took the Chair for the Corporate Services Meeting. The Chief Administrative Officer provided Council with an update on the 2010 Budget. ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that staff prepare a line by line breakdown of all discretionary spending. Carried Unanimously ORDERED on the motion of Councillor Fisher, seconded by Councillor Kerrio that St. John's Ambulance Water Patrol Program be moved over to the Fee for Service chart. Carried Unanimously ORDERED on the motion of Councillor Fisher, seconded by Councillor Kerrio that Niagara Falls Badminton Tennis Club be moved over to the Fee for Service chart. Motion Carried with Councillors Fisher, Thomson, Wing and loannoni opposed. ORDERED on the motion of Councillor Fisher, seconded by Councillor Kerrio that Niagara Falls Lawn Bowling Club be moved over to the Fee for Service chart. Carried Unanimously ORDERED on the motion of Councillor Fisher, seconded by Councillor Kerrio that Niagara Falls Summer Swim Lessons be moved over to the Fee for Service chart. Carried Unanimously ORDERED on the motion of Mayor Salci, seconded by Councillor Kerrio that the fee of service groups be referred back to appropriate staff for further review with the organizations. Carried Unanimously ORDERED on the motion of Councillor Kerrio, seconded by Mayor Salci that staff come back with more input on short term solutions on the 2010 budget impacts. Carried Unanimously - 8 - January 25, 2010 Council Minutes 9:55 p.m. Corporate Services Meeting adjourned and Councillor Pietrangelo stepped down as Chair. MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci offered sincere condolences to Fire Chief Lee Smith and Dale Morton, city employees, on the loss of their father, Patrick Smith. Sharon Shearing, Chairman of our Municipal Heritage Committee recently passed away. Mayor Salci advised of some recent events: Meeting with the Province's Standing Committee on Finance and Economic Affairs for a pre- budget consultation took place this morning; round table discussion with local mayors and stakeholders took place regarding the federal governments upcoming budget. Mayor Salci advised if the Public Information Sessions being hosted by GO Transit regarding the future expansion of rail service to the Niagara Peninsula. There will be Public Information Sessions being held on Wednesday, January 27 6p.m.- 9:00p.m. at Market Square in St. Catharines; February 3 6 -9 p.m. at Club Italia in Niagara Falls and Thursday February 4 6 -9p.m. at the Casablanca Winery Inn in Grimsby. The Mayor also reminded everyone of the 6 Annual Mayor and Council's Chili Cook -Off taking place on February 2 at the Optimist Hall beginning at 11:30 a.m until 2:00 p.m. Mayor Salci indicated that Hasbro, the manufacturers of the board game Monopoly is planning to create a uniquely Canadian edition. Niagara Falls is featured as one of Wildcard entries. Residents are encouraged to support Niagara Falls by casting your vote on line. ORDERED on the motion of Councillor Diodati, seconded by Councillor loannoni that a link be placed on the City's website, Niagara Falls Tourism and the WFOL website's to support Niagara Falls in the Canada Famous Cities. Carried Unanimously COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 Heritage Week - A request that February 15 -21, 2010 be proclaimed as " Heritage Week 2010 ". RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that the communication be approved as recommended. Carried Unanimously 2. Heart & Stroke Flag Raising - The Heart and Stroke has requested a Flag Raising for January 28 2010 at 11:00a.m. to recognize February at "Heart Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that the communication be approved as recommended. Carried Unanimously 3. Regional Municipality Bicycling Committee - Proposed priority actions and revised Terms of Reference RECOMMENDATION: For the Information of Council ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that the communication be approved as recommended. -9- January 25,2010 Council Minutes REPORTS Carried Unanimously RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS ORDERED on the motion of Councillor loannoni, seconded by Councillor Maves that the actions taken in Community Services Committee, on January 25, 2010 be approved. Carried Unanimously 1. The minutes of the December 14, 2009 meeting be approved. 2. MW- 2010 -03 Mewburn Road Bridge - ( Mewburn Road - Concession 6 Road) 1. That staff be directed to pursue funding assistance for the demolition and replacement of the Mewburn Road Bridge and further that By -Law No.2009- 172 be amended to restrict access to the structure by all users. In addition, staff be directed to install signage and barriers that will preclude any physical access to the structure and that notice of this decision be given to the property owners, CN Rail, Canadian Transportation Agency and the Town of Niagara -on- the -Lake. 2. That Mr. Iseppon's comments be referred to staff to investigate ownership and cost sharing for replacement of the rail bridge. 3. MW- 2010 -01 Tender #2009 - 179 -06 Downtown, Infrastructure Revitalization - Phase 1 1) The contract be awarded to the lowest bidder Peter's Excavating Inc. at the tendered price of $1,691,354.40. 2) That the Mayor and City Clerk be authorized to execute the necessary contract documents. 4. MW- 2010 -06 Sidewalk Winter Maintenance Service Requests and Policy Review 1) It is recommended that Sidewalk Beat 6 be revised to include the short section of municipal sidewalk on McLeod Road between St. Michael's Secondary School entrance and St. Michael Avenue. 2) That staff investigates the implementation of a Citywide Sidewalk Maintenance By -Law and the cost of clearing the Millennium Trail for Council's consideration later this year. 5. TS- 2010 -13 St. Clair Avenue Tourist Bus Loading Zone That the tour bus loading /unloading zone on the east side of St. Clair Avenue between Huron Street and Queen Street be reinstated to reflect 2 hour parking between 9am -5pm, Mon -Fri, with No re- parking within 5 hrs of initial parking. 6. TS- 2010 -02 Park Street — Traffic Operations Review 1) That an all -way stop control is installed at the intersection of Park Street and Crysler Avenue. 2) That staff request the NRP speeding reports and investigate a possible second all -way stop along Park Street. 7. TS- 2010 -03 Forestview Boulevard and Kalar Road Traffic Operations Review That an all -way stop control is installed at the intersection of Forestview Boulevard and Parkside Road. 8. TS- 2010 -04 Kalar Road — Parking & Bicycle Lane Review 9. TS- 2010 -06 McLeod Road — Speed Limit Review - 10 - January 25, 2010 Council Minutes That the "no parking anytime" restriction on the west side of Kalar Road between McGarry Drive and McLeod Road be maintained. That the speed limit on McLeod Road between Parkside Road and Garner Road is reduced to 50 km /h. 10. TS- 2010 -08 Authority for the Temporary Installation of Regulatory Signs That by -law 89 -2000 (A by -law regulating parking and traffic on City roads) appearing on tonight's agenda be approved. 11. PRC- 2010 -01 Proposed 2010 Cemetery Fee Schedule 1) That the 2010 Cemetery Fees be approved effective March 1, 2010. 2) That the 2010 Cemetery Fee Schedule be forwarded to the Ministry of Consumer and Commercial Relations, Cemeteries Branch, for review and approval. 3) That staffs continue to review revenue opportunities and operating efficiencies of cemetery services in 2010; and that staff report back to Council on options and potential directions to further reduce the annual operating subsidy. 12. PD- 2010 -03 Commercial Building & Facade Improvement Application 5841 -5845 Ferry Street Hillside Holdings Inc. (Emidio Maroti and Peter Conte) 1) That Committee support the approval of the Commercial Building and Facade Improvement Grant for 5841 -5845 Ferry Street subject to the owners satisfying all the program requirements including all necessary City permits and entering into an agreement with the City. 2) That the Mayor and Clerk be authorized to execute the grant agreement. 13. PD- 2010 -04 Commercial Building & Facade Improvement Application 5894 -5900 Main Street 1302771 Ontario Ltd. (Adam Newington) 1) That the Commercial Building & Facade Improvement Grant Application for 5894 -5900 Main Street be approved subject to the owner satisfying all the program requirements including the requirements of City permits and entering into an agreement with the City. 2) That the Mayor and Clerk be authorized to sign and execute the grant agreement. - 11 - January 25, 2010 Council Minutes 14. PD- 2010 -07 Commercial Building & Facade Improvement Applications 5769 Ferry Street 2211257 Ontario Inc. (Chris Rudan) 1) That Committee support the approval of the Commercial Building Improvement Grant for 5769 Ferry Street subject to the owner satisfying all the program requirements including all necessary City permits and entering into an agreement with the City. 2) That the Mayor and Clerk be authorized to execute the grant agreement. 15. That staff prepare a report on Sinnicks Avenue rear yard flooding and attempt to have a meeting with parties involved. RATIFICATION OF IN CAMERA COMMITTEE RECOMMENDATIONS ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the recommendation from the "In Camera" meeting on January 25, 2010 be approved. 1. That staff be directed to continue discussions with the Optimist Club, regarding the Club's future, within the City's current budget constraints; and that staff report back to Council; and 2. That the recommendations regarding fire administration salary compression 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. CD- 2010 -01- Location of Standing Committee Meetings. The report recommends that Council receive the information and continue the practice of holding Community Services and Corporate Services meetings in Committee Room # 2 prior to the regular Council meeting. F- 2010 -01 - Major Receivables Monthly ( November). The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F- 2010 -02 - Municipal Accounts The report recommends that Council approve the municipal accounts totalling $30,997,675.84 for the period November 26, 2009 to January 6, 2010. F- 2010 -03 - 2010 Interim Tax Levy. The report recommends that Council approve the 2010 Interim Tax Levy calculation and by -law providing for the 2010 Interim Tax Levy. F- 2010 -04 - Major Receivables Month (December). The report recommends receive the Monthly Tax Receivables report for information purposes. - 12 - January 25, 2010 Council Minutes F- 2010 -05 - Borrowing By -Law The report recommends that the City Council approve: i) the borrowing, if necessary, of up to a maximum sum of $24,000,000 for current expenditures and ii) the annual borrowing by -law. F- 2009 -06 - Schedule of Fees The report recommends that the Schedule of Fees By -law, listed under the by -law section of the agenda, be approved. F- 2009 -09 - 2009 Sleep Cheap Event The report recommends that Council approve the payments to the various recipients of this years Sleep Cheap event. IS- 2010 -01 - AGL On -site CarteGraph Implementation Services The report recommends that Council approve an upset limit of $75,000 for the contracted service from AGL, with the financing to come from special purpose reserves. L- 2010 -01 - Boys & Girls Club of Niagara Lease Agreement The report recommends that the City enter into a Lease Agreement with the Boys' & Girls' Club of Niagara with respect to the lease of the premises located at 6681 Culp Street, Niagara Falls (the "demised premises ") and that the Mayor and Clerk be authorized to execute said Lease Agreement. MW- 2010 -04 - Fernwood Watermain Standard Pipe CN Crossing Agreement The report recommends that the Mayor and Clerk be authorized to execute an Agreement between the City and the Canadian National Railway Company for the construction of a 200mm diameter watermain on Lundy's Lane required to service the Fernwood (Phase 2) Plan of Subdivision. MW- 2010 -05 - Kalar Road Sanitary Sewer Construction - Phase Paddock Trail Drive to Kalar Road Pumping Station. The report recommends contract be awarded to the lowest bidder Baiocco Construction at the tendered price of $4,087, 595.80 and that the Mayor and City Clerk be authorized to execute the necessary contract documents. PD- 2010 -08 - PLC - 2009 -02, Request for Removal of Part Lot Control, Registered Plan 59M -354 Glavcic Drive, Armelina Crescent & Desanka Avenue. The report recommends: 1. That Council approve the request and pass the by -law included in tonight's agenda to designate Lots 186 -213 (Inclusive), Registered Plan 59M -354, as exempt from Part Lot Control. 2. That the owner be given four years to create the new parcels and notify the City when the separate deeds have been registered. 3. That staff register the Part Lot Control by -law after all servicing matters identified in this report are addressed to the satisfaction of Municipal Works. TS- 2010 -10 - Transit Farebox Replacement The report recommends that Council approve the purchase of replacement Transit fareboxes with the lowest bidder Fare Logistics; and that the Mayor and City Clerk be authorised to enter into an agreement to purchase. TS- 2010 -11 - Contract Renewal - Canadian Corps. The report recommends that Council approve a one year extension to the Canadian Corps of Commissionaires (Hamilton) contract for the supply of Parking Control Services, School Crossing Program Administration and Security Services; and that the Mayor and City Clerk be authorized to sign the extension. TS- 2010 -12 - Toys for Tickets 2009. The report recommends that the Toys for Tickets program be continued in 2010. ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the reports on the Consent Agenda be approved as recommended. Carried Unanimously - 13 - January 25, 2010 Council Minutes RESOLUTIONS NO.1 - IOANNONI - MAVES - therefore be it resolved that Niagara Falls City Council endorses and supports the submission of the Montrose Business Park Extension Project for Intake Two of the Community Adjustment Fund. Carried Unanimously NO. 2 - FISHER - MAVES - therefore be it resolved that Niagara Falls City Council endorses and supports the submission of the Warren Creek Channelization Project for Intake Two of the Community Adjustment Fund. Carried Unanimously NO. 3 - MAVES - THOMSON - therefore be it resolved that Niagara Falls City Council requests The Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts set out below, and further, that the City confirms that it has entered into a contract for or authorized the commencement of all works herein listed. Motion Carried with Councillors Wing, loannoni and Pietrangelo opposed 2010 -06 2010 -07 BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2010 -01 A by -law to amend By -law 2002 -197, the Live Adult Businesses By -law 2010 -02 A by -law to provide for the adoption of Amendment No. 92 to the City of Niagara Falls Official Plan. (OPA No. 92) 2010 -03 A by -law to amend By -law No. 79 -200, to guide the development of the Montrose Business Park on the Lands. (AM- 2009 -002) 2010 -04 A by -law to amend By -law No. 79 -200, to identify housekeeping changes to the permitted locations of adult entertainment parlours and body rub parlours in the City of Niagara Falls. (AM- 2009 -002) 2010 -05 A by -law to establish part of Lot 76 being Parts 1, 2, 3, 4 & 8 on Reference Plan 59R -14149 as a public highway, to be known as and to form part of Fourth Avenue. A by -law respecting sick leave, pensions and other benefits for employees. A by -law to amend By -law No. 2005 -186, which amended By -law No. 79- 200, to remove the holding symbol (H) on the lands on the south side of McLeod Road, east of Garner Road, to allow the construction of a recreational facility. (AM- 39/2004) 2010 -08 A by -law to designate Lots 186 -213 (inclusive), Registered Plan 59M -354, not be subject to part lot control. (PLC- 2009 -002) 2010 -09 A by -law to amend By -law No. 79 -200, to recognize existing cabins associated with a motel and to reduce the lot frontage of a residential lot. (AM- 2009 -018) 2010 -10 A by -law to amend By -law No. 79 -200, to permit the development of a semi detached dwelling on the Lands. (AM- 2009 -021) 2010 -11 A by -law to amend By -law No. 79 -200, to permit a one family detached dwelling on the land to be used as a cottage rental dwelling. (AM- 2009 -022) 2010 -12 A by -law to amend By -law No. 79 -200, to permit a one family detached dwelling on the land to be used as a cottage rental dwelling. (AM- 2009 -022) 2010 -13 A by -law to authorize temporary borrowing. 2010 -14 2010 -15 2010 -16 - 14 - January 25, 2010 Council Minutes A by -law to provide an interim levy of realty taxes. A by -law to provide for appointments to certain Boards, Commissions and Committees. 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. 2010 -17 A by -law to fees and charges for various services, licences and publications for the City of Niagara Falls. 2010 -18 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. 2010 -19 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs at Intersections, Yield Signs at Intersections). 2010 -20 A by -law to amend By -law 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Limited Parking, Loading Zones) 2010 -21 A by -law to authorize the payment of $30,997,675.84 for General Purposes. 2010 -22 A by -law to temporarily restrict the public right of passage over a highway. 2010 -23 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 25 day of January, 2010. Sleep Cheap Charities Reap Councillor Diodati advised Council that on February 4 at 9:30, hoteliers have been invited to the Best Western Cairn Croft where cheques will be presented to the charities. This year sleep cheap raised $115,000. Local Industry ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that Council support and encourage the use of local suppliers. Transportation Steering Committee ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that Councillor Debbie Zimmerman be invited to a future Council meeting. Motion Carried with Councillors Pietrangelo and Diodati opposed. DEAN IORFI NEW BUSINESS Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes that the meeting be adjourned at 10:55 p.m. Carried Unanimously gu- , CITY CLERK R.T. (TED) SALCI, MAYOR