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2011/04/18 SEVENTH MEETING REGULAR COUNCIL MEETING April 18, 2011 Council met on Monday, April 4, 2011 at 5:30 p.m. in Committee of the Whole in Committee Room #2. Council met for the purpose of considering Regular Business matters in Council Chambers at 6:35 p.m. All members of Council were present. Councillor Pietrangelo offered the Opening Prayer. * * * ** ADOPTION OF MINUTES ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the minutes of April 4, 2011 be approved as printed. Carried Unanimously * * * ** DISCLOSURES OF PECUNIARY INTEREST Councillor Wing indicated a conflict to a matter in the Committee of the Whole meeting, CD- 2011 -05, the item related to the Fallsview BIA. Councillor loannoni indicated a conflict to report CD- 2011 -05 from the Committee of the Whole meeting, the item related to the Fallsview BIA. Councillor Thomson indicated a conflict to report CD- 2011 -05 from the Committee of the Whole meeting, the item to the Fallsview BIA. Councillor Morocco indicated a pecuniary interest to cheque no. 344688, made payable to her spouse. Councillor Kerrio indicated a conflict to report CD- 2011 -05 from the Committee of the Whole meeting, related to the Fallsview BIA. Councillor Mayes indicated a pecuniary interest to cheque no. 344735, as he has an interest in the company. Mayor Diodati indicated a pecuniary interest to cheque numbers 344330 and 344988, made payable to himself. * * * ** PLANNING MATTERS PD- 2011 -20 -AM- 2010 -008, Official Plan and Zoning By-Iaw Amendment Application. 4825 Pettit Avenue. Applicant: Paletta International (1990) Inc. The Director of Planning and Development reviewed the recommendations and provided the following information. Background Amendments to the City's Official Plan and Zoning By -law are requested for the 4.23 ha (10.45 ac) site which was formerly the Chef - Boy -R -Dee plant. -2- April 18, 2011 Request an OP amendment to redesignate the lands from Industrial to Residential with special policies. Special policies and zoning approvals would allow the property to redevelop for up to 456 dwelling units comprised of up to 69 on- street townhouse units and up to five apartment buildings between 4 and 6 storeys. Approvals are also being sought to add retirement residences as an alternative use When the application was submitted in April 2010 it proposed up to 363 dwelling units where the apartment buildings were limited to 4 storeys. Neighbourhood Open House Approximately 70 residents attended the open house held on August 31, 2010. The following concerns were expressed: ► The development proposes an excessive number of dwelling units and future residents, which would be incompatible with the surrounding neighbourhood. ► The location of the development is physically separated by the railway line from the commercial development it would support. ► The development would generate an excessive amount of traffic on the surrounding local roads and would exacerbate existing traffic problems such as queuing at intersections. ► The need for this amount of multiple unit housing has not been demonstrated. ► The development may have adverse impacts on infrastructure given previous sewer back ups and poor road conditions in the area. ► Whether parkland is adequate to serve the development. ► The scale of the development. The applicant did not wish to make any changes and asked that the application proceed to a public meeting before Council. PLANNING ANALYSIS Provincial Policy Statement and Growth Plan Provincial policies promote increased densities and compact development within built -up areas. A minimum of 40% of the annual residential growth in the City is to occur within the built -up areas by 2015. A Residential and Employment Land Needs Analysis (urbanMetrics, 2007) determined that the City had enough lands to meet medium term projected growth. The analysis proposed that over the longer term, the future housing mix should be comprised of 60% single and semi dwellings and 40% multis (25% towns and 15% apartments). The existing housing ratio in the Burdette Neighbourhood is 71% singles and semis and 29% multis. The proposed development would nearly double the number of housing units in the neighbourhood and change the housing mix to 39% singles /semis and 61 % multis. City Growth Plan Conformity Policies Staff is currently preparing OPA No. 94, to ensure the OP conforms with the Provincial and Regional Growth Plan policies. The Morrison Dorchester node is identified for residential intensification because of its proximity to major commercial facilities and access to public transit. The policies allow large parcels of land to be developed at increased densities and building heights provided they are compatible with surrounding land uses. An early draft of OPA 94 policies proposed that the lands east of Dorchester Road, particularly Pettit Avenue and Cropp Street frontages would be permitted to have -3- April 18, 2011 development at a density of 25 to 50 un /ha with building heights of 2 to 3 storeys. The northerly portion of the subject lands would be permitted to have development at a density of 50 to 100 un /ha with building heights of 4 to 6 storeys. These policies were presented at an open house in November 2010 and area residents voiced strong opposition to the proposed heights and densities stating they would negatively impact the character and compatibility of the neighbourhood. In response to residents concerns, staff revised the policies to limit developments with densities greater than 50 un /ha to lands that have direct access to an arterial road. Accordingly, the revised policies would limit density on the subject lands to 50 un /ha since they do not have direct access to an arterial road. These policies received support from the majority of area residents. The proponent objects to these changes in draft policy. Since the policies are not adopted, they can serve only as a guideline at this point. OFFICIAL PLAN Requested redesignation from Industrial to Residential is supported. The subject property is located within a residential neighbourhood and isolated from other industrial properties. Land uses that cause industrial traffic to use local residential streets is undesirable. Revitalization of brownfield sites with more compatible land uses is desirable. Special Policy Area Designation The applicant has requested a Special Policy designation to add specific policies to guide the development of the subject land. The policies requested by the applicant would permit 1.13 ha of land fronting onto Cropp Street and Pettit Avenue to be developed with single detached, semi - detached and /or on- street townhouse dwellings which would provide between 34 to 69 units. The type of housing is considered to be compatible with the semi- detached and detached housing on the opposite sides of the respective streets. The standard density for street townhouses is 50 un /ha whereas the application is for 61 un /ha. A density in keeping with the OP would allow for up to 56 on- street townhouses. The applicant has also requested that 3.09 ha of land behind the frontage lands on Cropp and Pettit be developed with 4 to 6 storey apartment buildings at a density of up to 125 un /ha. This would permit up to 387 units on these lands. This is the highest density permitted by the OP and is typically reserved for intensification projects near major commercial lands. The 5 proposed apartment buildings represent an undue concentration of apartment style of housing and should be avoided. This concentration also reverses the mix of housing types between single /semi detached and multiple units. The OP provides that new residential development should be integrated to achieve compatibility and sensitivity to the surrounding area in terms of density, height gradation, building mass and arrangement, setbacks and appearance. The proposal places the apartment buildings behind the townhouses on Cropp Street and Pettit Avenue thereby achieving gradation in height, however, the proposed density represents an over development of the site. If the land were developed at a density of 50 un /ha it would result in 210 dwelling units on the site. If the front lands developed with 34 single detached dwellings, the rear lands could develop with 176 apartment units. The would change the mix to 56% single /semi & -4- April 18, 2011 44% muftis. If all 210 units were developed a combination of townhouses and apartment units the mix would be 52% single /semis and 48% multis. The OP provides that higher densities may be located where lands abut a commercial zone and requires new multiple residential development to have reasonably direct access to arterial roads. Given the site's proximity to a Major Commercial node, some increased density would be acceptable, however all access to the site is via local roadways. The closest arterial road is Dorchester Road. The applicant's traffic consultant provided a traffic study which projected a little less than 50% of the peak morning trips generated by the project will exit via Cropp Street to Dorchester Road with about 50% of the trips traveling south on University Avenue to Dawson Street to reach Dorchester Rd. In the evening, the majority of the trips will be to and from the development via Cropp Street. The traffic report states that these trips are 20 -25% lower than trips that would be generated by an industrial use on the same site. The report stated that there is sufficient capacity to accommodate the additional traffic and the intersections would operate satisfactorily. The costs to demolish buildings and remediate a brownfield site and the need to provide setbacks and noise mitigation from the railway necessitate multiple unit development. Zoning By - law The applicant has submitted a draft zoning by -law amendment application to support the submitted concept. As the recommended Official Plan policies would result in a significant redesign of this concept, consideration of the zoning by -law amendment should be deferred until a revised concept and zoning by -law amendment application have been submitted. Conclusion The applicant has requested Official Plan and Zoning By -law amendments to permit the site to be developed with up to 456 dwelling units comprised of up to 69 on- street townhouse dwelling units and up to five, 4 -6 storey apartment buildings containing up to 387 dwelling units. The amendment would also permit one or more of the apartment buildings to be developed as retirement homes. The amendments as requested cannot be recommended because the proposal does not comply with the intent of the Official Plan of avoiding undue concentrations of housing types and because it would significantly alter the nature of the neighbourhood. Redesignation of the subject site from Industrial to Residential is recommended subject to limiting the maximum overall density to 50 un /ha, limiting the redevelopment of the Pettit Avenue and Cropp Street frontages of the property to single detached, semi - detached and /or on- street townhouse dwellings and requiring the completion of an Environmental Site Assessment and a Noise and Vibration Study. The recommendation is based on the following: ► The change from Industrial to Residential will eliminate the land use conflicts that could result from having an industrial use re- established in a residential neighbourhood. ► The recommended housing density would achieve a more compatible mix within the neighbourhood, would lessen the impact on the nature of the surrounding residential neighbourhood and would better reflect the City's future housing targets. ► An Environmental Site Assessment is required to be completed before the lands can be developed and used for residential purposes due to their former industrial use. ► The Noise and Vibration Study submitted with the application recommends further analysis be completed after the existing industrial building has been removed. ► Zoning approval should be withheld until a revised development concept can be submitted in keeping with the recommended overall site density. Recommendation That Council approve the Official Plan amendment application, in part, to redesignate the property from Industrial to Residential with a Special Policy Area designation limiting the -5- April 18, 2011 density of development on the land to 50 units per hectare and building heights of 6 storeys, requiring the frontage lands along Pettit Avenue and Cropp Street to be developed with single detached, semi - detached and /or on- street townhouse dwellings, and requiring the completion of an Environmental Site Assessment and a Noise and Vibration Study prior to development. That Council defer consideration of the zoning amendment until a revised concept plan and revised zoning by -law amendment application are filed in compliance with the recommended policies. Patrick Crow, 6240 Carolyn Avenue, expressed great concern with the length of the trains in the area and how it would impact the development and traffic. Garry Fisher, 6252 Carolyn Avenue, indicated concerns with traffic congestion and the difficulty for emergency vehicles, complicated by the train tracks. Mr. Fisher would like to see the area remain Industrial. Jodi Campbell, 6377 Bracken Street, is opposed to this application and advised Council of a petition with more than 300 signatures of residents, also opposed. She wanted to know the results of Environmental Assessment on the property. Mark Stirtzinger, 4687 Petit Avenue, questioned the traffic study. He felt traffic would be an issue even with a lower density development and that the school crossing at Morrison is no longer adequate. John McLellan, 5043 University Avenue, was concerned that University Avenue will be a traffic outlet, which has not been addressed in the report or studies. Scott Stevens, 5805 Southgate Avenue, expressed his disappointment with the quality of the current park and would have liked to see an upgrade. Alan Calder, 4997 Pettit Avenue, is opposed to this application, which he believes will be of low quality, and will diminish his privacy. Robert Thompson, 6496 Bracken Street, the proposal is almost three times the current density and will not reconcile with the character of the neighbourhood. Shirley Ede, 6571 Burdette Drive, is at the entrance of the old factory. She will lose privacy with the proposed development. Chris Millar, agent for the applicant, indicated that the proposal conforms with the Provincial policies and will meet residential housing needs in the community. He stated that the project has been revised since it was first outlined to the residents. Mr. Millar outlined that Paletta International is a proven developer, who will secure a builder for the project. He indicated that the traffic study was accepted by City staff and they expect a Record of Site Condition from the Ministry of Environment paving the way for residential development on the property. The Public Meeting was Closed. ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that the application be denied, as the application proposed is an over intensification of a residential area that is not compatible with the surrounding neighbourhood and that the density proposed does not conform with the City's Official Plan. Carried Unanimously PD- 2011 -25 - 26t -11- 2010 -01 & AM- 2010 -004, Oldfield Plan & Zoning By -law Amendment Application. Drummond Road (West Side), North of Oldfield Road. Owner: Oldfield Development Inc. (Mark Basciano) The Director of Planning and Development reviewed the recommendations and provided the following information. -6- April 18, 2011 Background Subject lands consist of 22.849 ha (56.46 ac) located on north side of Oldfield Rd., west of Drummond Rd. and south of a Hydro corridor Applicant has requested approval of an official plan amendment, draft plan of subdivision and a zoning by -law amendment to permit the subdivision. Subject lands are designated Residential with a special policy designation in the OP which requires development to occur in accordance with a Secondary Plan. The applicant has applied for an OP amendment that would allow the lands to be developed prior to the completion of the Thundering Waters Secondary Plan. The lands are currently zoned Light Industrial (LI) and the applicant has also submitted a Zoning By -law amendment application to rezone the lands to permit the subdivision development of lots with varying site specific provisions. PLANNING ANALYSIS Provincial Policy Statement and Growth Plan The applications conform to the Growth Plan and are consistent with the Provincial Policy Statements as follows: ► Provides an appropriate range, mix and density of residential uses; ► Promotes cost - effective development standards to minimize land consumption and servicing costs; ► Public infrastructure will be available and public services are nearby; ► Growth is being directed to a settlement area; ► Contributes an additional 1.25 years to the City's 14 year supply of serviced lots in draft approved plans; ► Does not prevent the efficient expansion of the settlement area. The Growth Plan requires development in greenfield areas to meet a minimum density target of 50 people and jobs per hectare and although this particular development provides for a density of 40 people per hectare, the density can still be achieved for the entire secondary plan area. Official Plan The OP designates the land Residential with a special policy designation (Special Policy Area 56). Residential lands are intended to be developed with a variety of housing forms and the proposed subdivision provides for a variety of housing types and densities. OP states that single detached dwellings shall be the dominant housing type throughout the City and the proposed subdivision has 258 single detached units of the 344 proposed. The density proposed is 15 un /ha which is below the maximum of 25 un /ha for single detached dwellings. OP requires City to keep a 3 year supply of serviced Tots and blocks available in registered and /or draft approved plans. The proposed subdivision will contribute 1.25 years to the City's 14 year supply. Special Policy Area 56 requires the completion of a Secondary Plan prior to the approval of any development. The applicant has submitted an OP amendment to allow the proposed subdivision development to proceed. The proposed amendment can be supported as follows: ► The development maintains adequate separation (in this case greater than 190 m) from existing rail lines and industrial uses to the south; ► There is a Provincially Significant Wetland located between the industrial use -7- April 18, 2011 and the proposed subdivision that provides an effective buffer; ► The proposed subdivision also abuts the built boundary and is in an isolated area of the Thundering Waters Secondary Plan (cut off from much of the secondary plan area by the PSW) ► Due to its location Is an appropriate extension of the existing built up area that does not jeopardize the efficient development of the remainder of the Thundering Waters Secondary Plan. ► The secondary plan is also to ensure that development does not take place in any designated Environmental Protection area. ► The zoning by -law amendment will address the EPA by applying an EP zone to Block 265 and a Holding (H) symbol will be applied to the portion of the subject lands affected by the existing commercial use. ► The OP also provides policies to guide development in the absence of Secondary Plans. These policies state that Secondary Plans are intended to provide an appropriate mix of dwelling types and densities and be compatible with the surrounding community. Subdivision Design The subdivision is served by several internal roads that connect Oldfield Road at two locations and to Drummond Road at one location, providing multiple means of access. The proposed dwellings types are similar to those in established subdivisions to the north as well as a on- street and condominium townhouses. A stormwater pond on Block 267 will handle stormwater. Sidewalks will be provided along streets in accordance with municipal standards and Cash -in -lieu of parkland dedication will be provided at the standard rate of 5 %. ENVIRONMENTAL PROTECTION (Greenbrier Habitat) Block 265 is proposed to protect greenbrier habitat which is a threatened species. To date, the appropriate measures of protection are unresolved, but it is possible to proceed with draft approval on the applicant's understanding that should a change in layout be necessary, the applicant would have to apply to Council to make that change. Therefore, no zoning by -law or OP will be prepared nor will the subdivision be registered until such time as MNR's concerns are satisfied by the applicant. Zoning By -law Amendment Current Light Industrial (LI) zoning does not permit the proposed subdivision. In addition to the proposed amendments as noted, the applicant is proposing to rezone Block 266 as R4 to accommodate a future townhouse condominium project which will increase the density of the subdivision and provide an additional form of housing. Block 265 is proposed to be EPA and will coincide with the area to be protected for the greenbrier habitat. There are 5 properties subject to the proposed zoning by -law amendment that are not actually within the land to be subdivided. Four of these properties are residential and would be rezoned in a manner that extends the current proposed zones. The property in the southeast corner is proposed to be zoned Neighbourhood Commercial (NC) which would provide for neighbourhood commercial uses for the surrounding area. Conclusion The 22.849 ha (56.46 ac) site is the subject of an Official Plan Amendment, Draft Plan of Subdivision and a Zoning By -law Amendment to permit 258 lots for single detached dwellings, 5 blocks for on- street townhouses and one block for future condominium townhouses. The requests can be supported as follows: -8- April 18, 2011 ► The proposal complies with the Provincial and Regional policies with respect to providing compact development in Greenfield areas; ► The proposed subdivision provides a compatible mix of housing types and densities and is in keeping with the character of the existing residential uses to the north; ► The subject lands are isolated from much of the remaining lands within the Thundering Waters Secondary Plan area by a Provincially Significant Wetland; ► The subject lands are sufficiently separated and buffered from the industrial use to the south; ► The proposed subdivision does not compromise the efficient development of the remaining Secondary Plan area; and ► The proposed zoning amendments are considered to be minor deviations from the standard zone provisions. Recommendation That Council approve the application to amend the Official Plan as detailed in the staff report to allow the proposed subdivision to proceed without first completing the Thundering Waters Secondary Plan. That Council grant draft plan approval to the Oldfield Plan of Subdivision subject to the conditions in the appendix of the staff report. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. That draft approval be given for three years after which approval will lapse unless an extension is requested by the developer and granted by Council. That the application to amend the Zoning By -law be approved as detailed in this report to provide the necessary land use regulations to guide the development of the subdivision, subject to the inclusion of a holding (H) symbol on the southeast portion of the subdivision to ensure the filing of a Record of Site Condition. That the Mayor and City Clerk be authorized to execute the Subdivision Agreement and any required documents to allow for the future registration of the subdivision when all matters are addressed to the satisfaction of the City Solicitor. Dr. John Bacher, 134 Church Street, St. Catharines, felt the matter should be deferred as the Environmental protection area is inadequate. It is not a matter of just protecting the green briar but allowing it to prosper. Dr. Bacher received clarification that the built boundary was in compliance with the Provincial policies. Jean Grandoni, R R # 1, Garner Road, felt the project was being rushed by the developer and that there was the need for a secondary plan for the area. Ed Lustig, representing the applicant, indicated that they were supportive of the staff recommendation except for condition #33 and any references to it in the report He outlined the difficulty his client has had with the Ministry of Natural Resources. Mr. Lustig pointed out that 228 of the 620 acres will be protected. Any further protection will jeopardize the project. He pointed out that there has been no objection by any neighbours. Lisa Campbell, environmentalist for the applicant, outlined how the environmental protection area will be actively managed in accordance with existing provincial regulations and policies. Rick Brady, planner for the applicant, outlined how cash in lieu of parkland was provided as per City staff's recommendation. The Public Meeting was Closed. -9- April 18, 2011 ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the report be approved omitting condition # 33 and references to condition #33 contained in other conditions in the report. Motion Carried with Councillors Wing, Morocco and Gates opposed. * * * ** PD- 2011 -28 - Telecommunication Facility Consultation, 9711 Lyons Creek Road. Applicant: SBA Canada, ULC The Director of Planning and Development reviewed the recommendations and provided a brief summary. Tong Biglieri, planning consultant representing the applicant, indicated that the site selection process looks at radio frequency, terrain, distance from existing sites and maximizing distance from residential properties. Only one residence is within 120m of the tower, two within 180m. He indicated that the nearby FM tower was not suitable for the applicants purposes because the tower was not structurally viable. There would be no flashing Tight. Candace Paris, 9636 Lyons Creek Road, is in favor of the staff report not supporting the telecommunication tower. Ms. Paris indicated that better public consultation was needed. Bob Lucas, 12080 McKenney Road, felt the tower would be obtrusive. He also questioned the applicant's contention that the tower would be unobtrusive due to existing tree cover and wooded area. ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that the staff recommendation report not supporting the application be approved and that Council petition the Federal government to improve the public consultation process. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati offered condolences to the family of Bill Graham, a retired commissionaire with the City, who recently passed away and to Councillor Pietrangelo and his family on the passing of his aunt, Chiarina Palumbo. Mayor Diodati advised of some recent events: Scotiabank Convention Centre grand opening and the meeting of various Regional Delegation of various Regional Mayors with Minister of Health, Deb Matthews. Mayor Diodati advised of some upcoming events: Arbour Day activities at Mitchelson Park, the Stamford Centre Volunteer Firefighters Association Annual Easter Egg Hunt and the Mayor's Youth Advisory Committee's Annual Battle of the Bands. The Mayor announced that the Niagara Falls Giants Baseball Club is looking for billet families for players from May through to August. * * * ** COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Winter Festival of Lights - requesting a grant equal to the waiver of fees related to the Gale Centre and shuttle service for the Canadian Veterans National Rendezvous. RECOMMENDATION: For the consideration of Council. Dino Fazio, Winter Festival of Lights, provided Council with a brief overview:, the WFOL is working with the Canadian Veteran Advocacy (CVA) group on bringing the first ever, Canadian National Rendezvous event , July 8- 10 2011 to celebrate the troops coming home from Afghanistan while honouring those who have served in every major war and peacekeeping operation. -10- April 18, 2011 ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the matter be referred to the Mayor's office and Niagara Falls Tourism to try to accommodate the request. Carried Unanimously 2. Enbridge Ride to Conquer Cancer - requesting a grant equal to the cost of a building permit for tents for their event. RECOMMENDATION: For the consideration of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the request be approved. Motion Carried with Councillors Maves and loannoni opposed. 3. St. Michael and St. Paul High School Relay for Life - requesting relief from the time provisions under the Noise By -law. RECOMMENDATION: For the approval of Council, subject to all amplified music outside ceasing at 11:00 p.m. ORDERED on the motion of Councillor Morocco, seconded by Councillor Pietrangelo that the request be approved. Carried Unanimously 4. Ontario Society of Chiropodists - request the month of may be proclaimed as "Food Health Month ". RECOMMENDATION: For the approval of Council. ORDERED on the motion of Councillor Maves, seconded by Councillor Pietrangelo that the request be approved as recommended. Carried Unanimously * * * ** REPORTS APPOINTMENT MATTERS 1. CD- 2011 -07 - Chief Administrative Officer - Council Appointments on External Agencies, Boards and Commissions The report recommends that Council members continue to sit, if statutorily mandated, or there is a genuine interest, on external agencies, boards and commissions; and Staff continue to work on contractual arrangements with various "fee for service" groups. ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that Councillors Pietrangelo and Gates both be appointed to the Park In the City Committee. Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates that Mayor Diodati, Councillors loannoni and Morocco be appointed to the Downtown BIA board. Motion Carried with Councillor Wing opposed. ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that Councillor Thomson be appointed to the Fallsview BIA and the Niagara Civic Convention Centre Boards. Motion Carried with Councillor Gates and Morocco opposed. * * * ** -11- April 18, 2011 ORDERED on the motion of Councillor Gates, seconded by Councillor Pietrangelo that the meeting go past 11:00 p.m. Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that report CD- 2011 -07 be approved as recommended. Motion Carried with Councillor Wing opposed. * * * ** CD- 2011 -08 - Chief Administrative Officer - Citizen Appointments The report recommends that Council vote on the volunteers for various advisory committees and boards. ORDERED on the motion of Councillor Mayes, seconded by Councillor Kerrio that the appointment results for the various boards /committees be approved. Carried Unanimously * * * ** ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the budget be deferred until the next meeting. Motion Defeated with Councillors Pietrangelo, Gates, Morocco, Wing and Mayor Diodati opposed. * * * ** RATIFICATION OF COMMITTEE OF THE WHOLE COMMITTEE MATTERS ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the actions taken in the Committee of the Whole Committee, on April 18, 2011 be approved. Motion Carried with Councillors loannoni, Kerrio, Thomson and Wing declaring a conflict to CD- 2011 -05, # 5. 1) The Committee of the Whole minutes of the April 4, 2011 be approved. 2) REPORTS: a) CD- 2011 -05 BIA Guidelines That Committee direct Council to: 1. Endorse the guidelines and that they be distributed to Boards of the City's Business Improvement Areas (BIA's); and 2. Endorse petitioning the Province for clarification on the BIA section of the Municipal Act regarding associated companies casting multiple votes at a BIA general meeting; and 3. Direct the Downtown BIA to hold another general membership meeting; and 4. Approve the Lundy's Lane BIA budget and Board of Directors, as submitted, with the new Board taking power after the decision on the 14 Board member; and 5. Direct staff to work with the Fallsview BIA to implement changes to their constitution approved at their recent general membership meeting. -12- April 18, 2011 b) MW- 2011 -08 Downtown Revitalization Project - Phase 2 - Streetscape Queen Street - St. Lawrence Avenue to Erie Avenue. Tender Results 1. The contract be awarded to the lowest bidder Al Asphalt Maintenance Ltd. at the tendered price of $ 989,819.53. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. Councillor Morocco exited Chambers * * * ** RESOLUTIONS NO. 20 - PIETRANGELO - THOMSON - THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby determines in accordance with Section 51 (47) of the Planning Act, R.S.O., that the proposed changes in the draft plan of subdivision (26T -11- 2005 -01, Chippawa West Phase II) are minor in nature and do not require any further notice. Carried Unanimously NO. 21 - PIETRANGELO - THOMSON - THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby determines in accordance with Section 51 (47) of the Planning Act, R.S.O., that the proposed changes in the draft plan of condominium (26CD -11- 2007 -06, 6911 -6921 Barker Street) are minor in nature and do not require any further notice. Carried Unanimously Councillor Morocco returned to Chambers. * * * ** 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- 2011 -15 - Municipal Accounts. The report recommends that Council approve the municipal accounts totalling $40,214,573.28 for the period February 17, 2011 to March 30, 2011. F- 2011 -16 - Tax Receivables Monthly ( Month). The report recommends that Council receive the Monthly Tax Receivables report for information purposes. PD- 2011 -21 - 26CD -11- 2007 -06, Extension to Draft Plan Approval. Draft Plan of Condominium ( Conversion). 6911 -6921 Barker Street ( Northwest Corner of Dorchester Road) Applicant: Brian Sinclair & Karen DeGiorgio, 623381 Ontario Inc.(Karen DeGiorgio) and FKS The Real Estate People Inc. The report recommends the following: 1. That Council grant an extension to draft plan approval for the Plan of Condominium on 6911/6921 Barker Street until May 23, 2012, subject to the Region's conditions of draft approval listed in Appendix B. 2. That Council pass a motion that the change to conditions is minor, and therefore, formal written notice of the change of conditions is not required in accordance with subsection 51 (47) of the Planning Act. -13- April 18, 2011 PD- 2011 -22 - DB- 2011 -002, Request for Deeming By -law Lots 6 and 11 and Part of Lt 5, Block "0" Plans 999 and 1000. Owner: 22438806 Ontario Inc. (Keefer Developments Ltd.) 4410 -14 Queen Street and 4409 Huron Street. The report recommends that Council pass the by -law appearing on tonight's agenda to deem Lots 6 and 11, Block "0", Plans 999 and 1000 to no longer be within the registered plans of subdivision. PD- 2011 -23 - 26T -11- 2005 -01, Draft Plan of Subdivision Part of Lots 19, 20 and 21 Concession 3, Willoughby Township City of Niagara Falls. Owner: Queensway Chippawa Properties Inc. c/o Metrus Development Inc. Agent: KLM Planning Partners Inc. Proposed Modification to Existing Draft Approved Plan of Subdivision. The report recommends the following: 1. That Council approve the modifications to the existing draft approved plan of subdivision as shown on the revised draft plan of subdivision prepared by KLM Planning Partners Inc., dated March 16, 2011 and detailed in this report. 2. That the Mayor or designate be authorized to sign the revised draft plan as "approved ". 3. That Council determine by resolution that the changes outlined in this report and shown on the revised draft plan of subdivision are minor and do not require further public notice. PD- 2011 -24 -AM- 209 -012, Zoning By -law Amendment Application, 5823 Temperance Avenue. Applicant: Ben Yosef 2008 Inc. Removal of a Holding (H) Symbol. The report recommends that Council pass the by -law appearing on tonight's agenda to lift the holding (H) symbol from the subject land zoned General Commercial (GC -910). PD- 2011 -26 - CB &FIG 2011 -001, Facade Improvement Application. Ms. Candice Legacy, 4660 Queen Street. The report recommends the following: 1. That Council approve the Commercial Building & Facade Improvement Grant Application for 4660 Queen Street, subject to the owner satisfying the program requirements including the entering into an agreement with the City and obtaining any required permits. 2. That the Mayor and Clerk be authorized to sign and execute the agreement. PD- 2011 -27 - Roof Replacement - Old St. John's Anglican Church, 3394 -3428 Portage Road. The report recommend that the Committee approve the following recommendation of the Municipal Heritage Committee regarding the replacement of the roof of the Old St. John's Church: "That the roof of the Old St. John's Church be replaced with cedar shakes in accordance with the installation specifications including the mesh underlay to allow for air circulation." TS- 2011 -22 - Transit Smart Card Fare Media Results. The report recommends the following: 1. That the Request for Proposals for the supply of transit smart card fare media be awarded to American Bank Note. 2. That the Mayor and City Clerk be authorized to execute the necessary agreements. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that the reports on the Consent Agenda be approved as recommended Motion Carried with Councillors loannoni, Wing and Thomson opposed to PD- 2011 -24. -14- April 18, 2011 Councillor Pietrangelo Chaired the Budget meeting at 11:30 p.m. BUDGET 1. F- 2011 -12 - Chief Administrative Officer - 2011 Municipal Utility Budget The report recommends the following: 1. That Council approve the City's 2011 Municipal Utility Budget and the water and sewer rates for 2011 as outlined in to attached rate schedule ( Chart 3). 2. That Council authorize staff to review and report on the impacts of smart meter billing at the City's service provider, NPEI as it related to water meter reading and billing, with the intention of streamlining this process to better reflect the City's focus on customer service. 3. That staff develop a new rate structure once the operational review of metering is completed and the Region of Niagara completes its service delivery review of an Utility Model of delivery. Ed Bielawski outlined why he felt the system was inequitable. The Director of Finance, made a brief presentation regarding the Water and Sewer Rates. ORDERED on the motion of Councillor Morocco, seconded by Councillor Gates that invite Regional representatives to a future Council meeting to discuss water and wastewater issues and for staff to prepare an appropriate report. Carried Unanimously ORDERED on the motion of Mayor Diodati, seconded by Councillor Gates that report F- 2011 -12 be approved as recommended. Carried Unanimously Councillor Pietrangelo stepped down as Chair. BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the by -laws be given a first reading. Motion Carried with Councillors Wing, Thomson and loannoni opposed to 2011 -48 and Councillor Wing opposed to 2011 -51. 2011 -47 A by -law to designate Lots 6 and 11, Block "0" Plans 999 and 1000 to be deemed not to be within a registered plan of subdivision. (DB- 2011 -002) 2011 -48 A by -law to amend By -law No. 2010 -91, which amended By -law No. 79 -200, to remove the holding symbol (H) on the lands on the west side of Temperance Avenue, north of Ferry Street, to permit a Group Home Type 1, licensed by the municipality, for up to 17 persons. (AM- 2009 -012) 2011 -49 A by -law to extend and execute a Memorandum of Understanding with DataFix for the Municipal VoterView (MW) Services. 2011 -50 A By -law to amend By -law No. 2007 -161, being a by -law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of water rates. 2011 -52 A by -law to authorize the payment of $40,214,573.28 for General Purposes. 2011 -53 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 18 day of April, 2011. -15- April 18, 2011 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the by -laws be read a second and third time and passed. Motion Carried with Councillors Wing, Thomson and loannoni opposed to 2011 -48 and Councillor Wing opposed to 2011 -51. * * * ** NEW BUSINESS No Smoking By -law ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that staff report back on the impacts of no smoking on the Convention Centre. Motion Carried with Councillors Gates and Morocco opposed. ORDERED on the motion of Councillor Wing, seconded by Councillor Maves that staff report back on the effectiveness of the No Smoking By -law after six months. Motion Defeated with Councillors loannoni, Thomson, Morocco, Pietrangelo and Gates opposed. * * * ** FCM Conference ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that Councillor Morocco be permitted to attend the FCM conference this year. Carried Unanimously Toilet Retrofit Program ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that the toilet rebate program be made available to condo owners. * * * * Carried Unanimously * ORDERED on the motion of Councillor loannoni, seconded by Councillor Maves that the meeting be adjourned at 12:25 a.m. Carried Unanimously e v DEAN IORFID , CI Y CLERK JAMES M. DIODATI, MAYOR