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2011/10/03 SIXTEENTH MEETING REGULAR COUNCIL MEETING October 3, 2011 Council met on Monday, October 3, 2011 at 5:00 p.m. in an In Camera session. Council did not rise and report. All members of Council were present for the In Camera session. Council met on Monday, October 3, 2011 for the purpose of considering Regular Business matters in Council Chambers at 6:30 p.m. All members of Council were present. Councillor Thomson offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Councillor, seconded by Councillor that the minutes of September 19, 2011 be approved as printed. Carried Unanimously * * * ** DISCLOSURES OF PECUNIARY INTEREST Councillor Kerrio indicated a conflict with an In Camera matter of September 19 2011 pertaining to 6505 Fallsview Blvd. Councillor Mayes indicated a conflict with report PD- 2011 -69, as he is a nearby property owner. Councillor Wing declaring an indirect pecuniary interest on the New Business item related to sports wagering at the casinos. * * * ** DEPUTATIONS /PRESENTATIONS Special Olympics World Summer Games Mayor Diodati congratulated Robyn Crandall and presented her with a recognition plaque for winning two gold medals and one silver in Athens, Greece at the Special Olympic World Summer Games. Ontario Provincial Gold Championship Mayor Diodati recognized Justin DiCienzo and presented him with a recognition plaque for earning two major championships, Ontario Provincial Golf Championship - Junior Skills Challenge. Niagara Falls Falcons Minor Mosquitoes Baseball Team Mayor Diodati recognized the Niagara Falls Falcons Minor Mosquitoes Baseball Team for winning the Ontario Baseball Association Championship title and presented each member with a recognition plaque. Team Members: Andy Berti Leif Burciul Owen Diodati -2- Council Minutes October 3, 2011 Adrian Diodati (batboy) James Egan Kyle Fortuna Noah Fortuna Willy Jackman Dennis Lescombe John Maclntyre Mason McRae Ryan Todd Team Manager: Mark Fortuna, Head Coach: Al Todd Assistant Coach: Ryan Diodati, Rich Gibson and Mike McRae Niagara Falls Falcons Major Mosquitoes Ontario Championship Baseball Team Mayor Diodati recognized The Niagara Falls Falcons Major Mosquitoes Baseball Team forwinning the Ontario Baseball Association Provincial Championship and presented each member with a recognition plaque. Team Members: Shawn Adamo Dan Brady Thomas DiDomenico Ryan James Caleb Johnston Jacob Julian Zack Keldson Will Schmahl Nolan Sexton Ryan Shannon Calum Theal Josh Thorpe Matt Wiebe Coaches: Jim Thorpe, Clay Johnston, Bryan Theal and Darren Schmahl PLANNING MATTERS PD- 2011 -68 - Chief Administrative Officer -AM- 2011 -011, Zoning By -law Amendment Application, North and South Sides of Swayze Drive, West of the CN Railway. Applicant: Niagara Falls Soccer Club Limited. Proposed Recreational Facility with Ancillary Uses and Off -Site Parking. The Director of Planning and Development reviewed the recommendations and provided a brief presentation. Background Amendments are requested for 2 parcels (Part 1 and 2) of land on the north and south sides of Swayze Drive. Part 1 on the north owned by Niagara Falls Soccer Club, would be developed as a recreational facility with indoor soccer fields and gymnasiums for gymnastics and martial arts. The facility would also include a restaurant, clinic and retail store as ancillary uses. A portion of Part 2, owned by the City, would be used for the majority of the required parking. Parts 1 and 2 are currently zoned Open Space (OS) which permits recreational uses. Site specific regulations are requested: ► to be added to the OS zoning of part of Part 1 to accommodate the building. ► to permit a portion of the required parking to be provided off -site. The wooded gully at the rear of Part 1 is proposed to be rezoned Environmental Protection Area (EPA) in keeping with the recently adopted environmental policies and Environmental Conservation Area designation (OPA 96) over this area. Neighbourhood Open House Held on August 31, 2011 with approximately 20 people attending. Residents questioned the impact the proposal would have on Ker Park and the potential loss of parking for activities there. -3- Council Minutes October 3, 2011 Residents were advised that only the north -east corner of the park was intended to be used for parking and because the soccer facility would be used primarily in the winter, parking in the expanded parking lot would be available to park users in the summer. The applicant advised he would try to replant the trees that would have to be removed for the expanded parking area. Other concerns were raised about the clinic and restaurant being open to the general public and the restaurant being licensed. The applicant clarified that the restaurant (a cafeteria) and the clinic are intended to serve the patrons of the facility and that the restaurant would not be licensed. There were also concerns about buffering the nearby townhouse development from the facility. The applicant indicated he would be amenable to putting up a wood fence along the west property line to screen the parking area from view. Planning Analysis Official Plan The proposed development complies with the OP as follows: ► The land use designations of the subject lands permit their intended use. The uses requested to be added to the zoning of the lands are ancillary to the recreational facility. ► The lands are located on Swayze Drive which is identified as a collector road and has convenient access to the City's arterial road system. ► The hydro transmission corridor which abuts the proposed recreational facility to the north -west serves to buffer residential uses to the north -west (Parkview Estates). Fencing and /or landscaping along the northerly boundary of Part 1 could assist in mitigating potential impacts of noise and lighting. ► The wooded gully will be conserved and protected. ► The area of Ker Park affected by the rezoning is intended to be used for shared parking between the soccer facility and the City facilities. Expansion of the parking lot does not appear to affect the existing baseball diamonds. Maintaining the landscaped buffers and replacing trees as necessary will ensure the park character is maintained. Zoning The current OS zoning on Part 1 permits recreational uses including indoor recreational facilities. The zoning amendment is required to adjust the standards to accommodate the proposed building, add the requested ancillary uses and to permit a portion of the parking to be provided off -site. The OS zone requires a lot area of 2 ha. The current lot area is 1.3 ha. Because 0.58 ha are recommended to be zoned EPA, the useable site area will be 0.77 ha. This area is to be recognized as the developable lot area. Building height is requested to be increased from 10 m to 16 m to accommodate the internal clearances required for the activities in the building. The substantial buffer of the hydro corridor and the wooded area of the site will mitigate impacts on surrounding residences. -4- Council Minutes October 3, 2011 The applicant is requesting a restaurant (proposed cafeteria), clinic and retail store (proposed pro -shop) to be added to the list of permitted uses on part of Part1. These uses are typical of ancillary services found in other recreational facilities. To ensure they remain ancillary a combined maximum floor area of 300 sq m. is proposed. The requested building setbacks are necessary due to the irregular, triangular shape of the property. ► Front yard setback from 10 m + 11.5 m from centreline of Swayze Dr to 7.5 m + 10 m from centreline of Swayze Dr. ► Reduction in the easterly sideyard setback from 10 m to 2.8 m to accommodate a building corner near the railway. ► A zero rear yard setback to the EPA zone is recommended to accommodate the introduction of the EPA zone. According to by -law standards the proposed facility requires 148 parking spaces of which 41 spaces will be provided on -site. Since the majority of Part 1 is required for the building, the remaining 107 required spaces are requested to be provided across the street in Ker Park. An appropriate crosswalk will be secured at the site plan approval stage. The EPA zone would limit the use to conservation, forestry and wildlife management, Conservation Authority works and construction and maintenance of infrastructure. The applicant will be required to enter into an agreement with the City to secure use of the parking area in Ker Park. Although the recreational facility will be used mainly in the winter, it is expected there will be some usage during the summer (i.e gymnastics and martial arts). The agreement should address shared use of the parking area between the facility and park users. The development of the project will be subject to site plan control which will included the following: ► landscaping, buffering, ► grading and drainage ► necessary turning lanes and crosswalks as determined by a traffic study, and ► lighting Conclusion The applicant has requested a zoning amendment to adjust the standards for a recreational facility and permit an ancillary restaurant, clinic and retail store on part of Part 1 with a portion of the required parking for the facility on Part 2 (Ker Park). The request can be supported as follows: ► The proposed development complies with the Official Plan regarding the location of recreational facilities in residential areas and conserving environmental features; ► Due to the parcel configuration and protection of the wooded area on Part 1, required parking needs to be provided off -site, which can be provided on a portion of Ker Park without adverse impact to the Park. ► Residential uses to the north -west will be buffered by the hydro electric transmission corridor that exists between them and the proposed facility. Additional buffering can be achieved through the provision of on -site buffering; and, ► The relief requested to the standard regulations of the OS zone are minor in nature and necessary due to the irregular shape of the lot. Recommendation That Council approve the application to: ► Rezone part of Part 1 a site specific Open Space (OS) zone having lesser setback provisions than required for a recreational facility and provide for the inclusion of a restaurant, clinic and retail store as ancillary uses to the recreational facility and to permit a portion of the required parking to be provided off -site on Part 2. ► Rezone part of Part 1 a site specific Environmental Protection Area (EPA) zone to protect the wooded gully; and ► Rezone part of Part 2 (Ker Park) a site specific Open Space (OS) zone to permit it to be used to supply part of the required parking for the recreational facility on part of Part 1. -5- Council Minutes October 3, 2011 Joe Kutlesa, Jomar Group of Companies, Hamilton, indicated that he was speaking on behalf of the Muller Group, who have a similar private sector operation. Jomar was involved in the Police Headquarters RFP. Mr. Kutlesa indicated that the indoor soccer proposal was not part of any guiding documents of the municipality such as the Recreation Strategic Plan or the 2011 budget. He questioned whether other groups, whose projects may be delayed, have been made aware of this project taking precedent. Tim Chamberlain, President, Niagara Falls Soccer Club, said they would work with the residents to minimize any impact. He clarified some misinformation, indicating that the food service would be akin to a snack bar, not a restaurant. Matt Skinner, owner of Fight Club Niagara, provided a brief presentation to Council outlining the various activities that take place at the Club and their work with youth. Fight Club Niagara would move to the facility. The Public Meeting was Closed. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the report be approved as recommended. Carried Unanimously PD- 2011 -67 - AM- 2011 -008, Zoning By -law Amendment Application, 7537 Thorold Stone road. Applicant: Gales Gas Bar Limited. Agents: Ken Gonyou, Taro Planning & John Broderick, Broderick & Partners. Redevelopment of a Gas Bar & Expand List of Permitted Uses. The Director of Planning and Development reviewed the recommendations and provided a brief presentation. Background The applicant is requesting a zoning amendment to add additional uses to the list of permitted uses on the property and to establish site specific development requirements in order to facilitate the redevelopment of the land into a new automobile gas bar, car wash and ancillary uses. The expanded range of uses is requested to allow alternative uses to be established on the land in the future. The applicant is also requesting site specific relief from the rear yard depth, canopy setback and canopy height provisions and a reduction in the number of required queueing spaces for the manual car wash. Planning Analysis Official Plan Land is designated Major Commercial Part of Northwest Retail district intended to be used for a wide range of retail and commercial uses. Lands near the intersection of Montrose Road and Thorold Stone Road intended for automotive service commercial uses. Automotive service stations and gas bars are to provide significant areas of landscaping to compensate for the large paved areas. -6- Council Minutes October 3, 2011 Proposal complies with OP as follows: ► Land is designated for commercial purposes and is part of a retail district; ► Land is adjacent to Mount Carmel Centre and is intended to be developed for the types of commercial uses proposed. ► The expanded range of commercial uses provides complementary uses to the shopping district. Applicant has illustrated landscaping around the perimeter of the site but most may be lost to Regional road widening. Zoning By -law Lands are currently zoned Automotive Service (AS) which permits automobile service centre, gasoline bar and car wash. Gas bar that exists on site is located close to road and needs to be replaced. Owner wishes to construct a new gas bar and car wash facility with ancillary convenience store. In order to facilitate possible future re- development of the site the applicant is requesting the following uses be added to the list of permitted uses: ► Convenience store car or truck rental establishment ► Bake shop bank, trust company or credit union ► Beer, wine or liquor store office ► Personal service shop restaurant ► Retail store service shop ► Sightseeing tours /information centre used car lot Requested uses are appropriate as they are generally small in size, complement the automotive uses and support the commercial node. The applicant has requested amendments to development standards as follows: ► Minimum setback for a gas pump 6 m. required — 4.5 m requested from north property line. ► Maximum height of a gas bar canopy — 5 m required — 5.5 m requested. ► Minimum number of queuing spaces per car wash bay — 4 spaces required — 2 spaces requested for the handwash bays only. (Automatic car wash will still be required to provide at least 4 queuing spaces. Region has concerns about the over - capacity of the adjacent intersection and access to and from the site and has recommended a holding symbol (H) be placed on the land. The H symbol would remain in place until a Traffic Safety Impact Study and a Functional Design has been completed and implemented to the Region's satisfaction and a site plan agreement has been executed. The Region has noted that improvements within the future road allowances, including possible turning lanes may be required. Recommendation That Council approve the application to rezone the land a site specific Automotive Service Station and Gas Bar (AS) zone to facilitate the redevelopment of the site with a new gas bar and automatic and manual car washes, add a convenience store and to expand the rage of permitted uses. That the approval be subject to the placement of a holding (H) symbol on the land to address the requirements of the Regional Municipality of Niagara. Conclusion The applicant has requested a zoning amendment to facilitate the redevelopment of the site with a new gas bar and automatic and manual car washes, add a convenience store and to expand the range of permitted uses on the land. This request can be supported because: -7- Council Minutes October 3, 2011 ► The land is designated Major Commercial in the Official Plan and is intended to be developed for automotive service uses, retail, business and personal service facilities; ► The development will complement the nearby Mount Carmel Centre; and, ► Landscaping to compensate for the large paved areas will be sought through the site plan process; any landscaping not required for Regional road widenings should be in the form of a planted landscape. John Broderick, Broderick & Partners, representing the applicant, outlined to Council that he is opposed to the "H" provision as recommended. He indicated that the Region has asked for additional property from his client with the intent of widening the road. The Region already secured one road widening and a further one would make the project impossible. The Public Meeting is Closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the report be approved, eliminating recommendation # 2, the requirement of the holding symbol to address requirements for the Regional Municipality of Niagara. Carried Unanimously PD- 2011 -66, AM- 2011 -002, City Initiated Official Plan and Zoning By -law Amendments. Clifton Hill /Fallsview Tourist Areas. Proposed Changes to Parking Requirements. The Director of Planning and Development reviewed the recommendations and provided a brief presentation. Background The amendments would only affect the uses within the Clifton Hill and Fallsview Tourist Districts as shown on Schedule 1 The proposed Official Plan policies will ► introduce site specific policies which will provide opportunities to establish different parking ratios for specific uses in the tourist area, ► provide an option of 3 different alternatives to calculate parking requirements in the central tourist district; and, ► Clarify how the parking requirements are to be applied and how they can be amended. The proposed Zoning By -law amendment ► establishes decreased parking requirements for restaurants, retail stores, museums, theatres /cinemas, and ancillary retail, conference and restaurant space to hotels) ► establishes increased parking requirements for hotels and motels; (Hotels would also have the option of substituting bus parking for vehicle parking. ► establish an area of parking exemption for existing buildings only; and, ► eliminate the requirement for off -site parking associated with 5020 Centre Street. Neighbourhood Open House Public meetings were held on June 17, 2009 and January 25, 2010 as part of the Tourist Area Parking Demand Study (AECOM) Open House held on June 21, 2011. Nine representative attended. ► Owners had questions relating to how the new zone provisions would be implemented and expressed; ► Desire to allow up to 5 bus substitutions for parking ► it was explained that the substitution of 2 bus parking spaces was included as an alternative for any hotels or motels which required more parking under -8- Council Minutes October 3, 2011 the new standards. ► Concern about not being able to submit parking demand studies for uses that were examined in the study. ► Staff explained this work was a comprehensive examination of the district and that individual parking demand studies could still be submitted for uses that were not examined by the study, as well, businesses can use one of three methods to calculate parking requirements. ► Preference to have the existing parking exemption on Ferry St. to extended to include Victoria Avenue as far as Roberts St. Planning Analysis Provincial Policy Statement & Growth Plan Provincial policies focus on managing growth and supporting strong economies. The proposal would assist in achieving sustainable tourism and economic vitality for the Clifton Hill and Fallsview Tourist Districts. OFFICIAL PLAN Provides that the City can review parking requirements for the Central Tourist District. The parking demand study was initiated to fulfill this. Study found visitors park once and make multiple stops by foot. Proposed policies would allow the establishment of separate parking requirements for the Clifton Hill and Fallsview Tourist Districts from the rest of the City. Property owners would be given the opportunity to use either the current parking requirements, the requirements contained in a site specific Zoning By -law or the proposed parking requirements, but not a combination of the three. The proposed policies would also prohibit the submission of parking demand studies for uses that were examined by the study. Since the parking demand study was a comprehensive review which reflects current need versus demand. A parking exemption along Victoria Avenue occurred in 1979 -1980, but was never implemented through Zoning. Student reviewed the actual parking provided along Victoria Avenue and found hotels and motels were providing parking, while other tourist area uses (souvenir stores, restaurants & attractions) had little or no parking spaces. Extending parking exemption as shown on Schedule 2 for existing floor areas for the tourist uses other than hotels, motels and reflects the current situation. Parking & Traffic do not support the exemption as it may create a parking shortfall in the future and could set a precedent for other areas. Planning staff propose that the proposed parking exemption only be applied to the existing floor area of a use as it existed on the date of passing the amending Zoning By -law. This would allow for redevelopment of the site up to the floor area that existed on the date of passing of the amending Zoning By -law. Any additions or larger redevelopment would have to provide parking based on which of the three options they choose. Zoning By -law area predominantly zoned Tourist Commercial (TC) with many properties having site specific regulations. The proposed amendment will not change any land uses, only the parking requirements for several uses in the TC zone. property owners would have the option of using the current parking requirements, or the new parking requirements as shown on the following chart. -9- Council Minutes October 3, 2011 A third option would be available for properties that have a parking requirement established in a site specific by -law to continue to use that standard. The parking requirement for a restaurant or meeting room that is ancillary to a hotel will be calculated only for a restaurant seating beyond 300 seats and meeting rooms floor area above 1400 sq m. Restaurant seating and meeting room floor area below these thresholds is exempt from providing parking. LAND USE OPTION 1 OPTION 2 Motel 1 space /1.3 rooms 1 space /1.25 rooms Hotel 1 space/2 rooms 1 space /1.25 rooms Ancillary Restaurant to a 1 space /10 seats <300 seats = no add'I spaces Hotel >300 seats = 1 sp /15 seats above 300 seats. Ancillary 1 space /5.5 m of >1400 m = no add'I spaces Meeting /Convention assembly space <1400 m = 1 space/per 66 m rooms to a hotel above 1400 m Ancillary Retail to a hotel 1 space /25m floor area No parking required Museum 1 space /50m floor area 1 space /150 m floor area Restaurant 1 space /5 seats 1 space/10 seats Retail Store 1 space /25m floor area 1 space /60 m floor area Tattoo Studio 1 space /40 m floor area 1 space/2 seats Amusement Game 1 space /5 people legally 1 space /75m floor area establishment occupied Theatre/Cinema 1 space /5 seats 1 space/10 seats To compensate for higher hotel /motel parking ratios in the new standards, the consultant proposed a substitution of 1 bus parking space for 20 regular parking spaces with a maximum of 2 buses. Further bus substitutions are not necessary as owners now have the option of using the existing parking requirements of Zoning By -law 79 -200. Stakeholders have requested that 1 bus substitution for 20 cars be given to theatres /cinemas. This is acceptable. Grandfathered parking spaces will be credited for redevelopment based on which requirement they use. If Council eliminates the parking requirements for museums between Victoria and Ellen Avenues, the zoning regulations that require 5609 Ellen Ave to be used for required parking for 5020 Centre Street will be redundant and should be repealed as a housekeeping measure. Conclusion The parking requirements contained in the City's Zoning By -law are over 30 years old. The City initiated amendment is being processed to adopt alternative parking requirements for certain uses within the Clifton Hill and Fallsview Tourist Districts that reflect the current demand for parking spaces. The alternative parking standards are based on the City's parking demand study , prepared by AECOM consulting firm in 2009 and a staff parking review. The amendment is also to eliminate parking requirements for certain uses between Victoria -10- Council Minutes October 3, 2011 Avenue and Ellen Avenue. The proposed amendments include the removal of the zoning `marriage' of 5609 Ellen Ave to 5020 Centre St. for the provision of required parking. Staff is working to resolve concerns regarding the extension of a parking exemption for certain uses along Victoria Avenue. A future report will be brought to Council. Recommendation That Council receive the input at the public meeting and direct staff to address any outstanding concerns at a future meeting of Council. Italia Gilberti, Broderick & Partners, representing Fallsview BIA, Victoria Center and Canadian Niagara Hotels, indicated that she has not had time to confer with all of her clients, especially the BIA's. She felt there was still some tweaking that needed to be done. Victor Tarnoy, Niagara -on- the -Lake, representing owners on the north side of Oneida Lane was in support of the report and recommendations. He was advised that the proposed changes would be applied after approved by Council. He encouraged the expeditious adoption of the recommendations. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that Council receive the input and resume the public meeting at a later date, with notice being given in accordance with the Regulations of the Planning Act. Carried Unanimously MISCELLANEOUS PLANNING MATTERS PD- 2011 -69 - Chief Administrative Officer - Proposed Assembly Hall, 2377 Dorchester Road (Fireman's Park), Niagara Escarpment Commission Development Permit. Application. N/L/2010- 2011 -357 The report is recommended for the information of Council and that any comments be sent to the Niagara Escarpment Commission. Nick Louras, President of the Stamford Centre Volunteer Firefighters Association, outlined that the reason the size of the project changed was to make it more efficient. The original proposal would have been inadequate for events, such as weddings. He anticipates that the capacity of the facility will only be about 350 people. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that Council supports the plan of the Stamford Centre Volunteer Firefighters (SCVFA) for a two (2) storey, 13,275 square foot facility; and That Council petition the Niagara Escarpment Commission for the appropriate approvals. Motion Carried with Councillors Morocco and Wing opposed and Councillor Mayes declaring a conflict. * * * ** PD- 2011 -73 - Chief Administrative Officer - 5021 Garner Road Demolition The report recommends that Council not proceed with designation and that staff be directed to update its process for listing and notifying owners of potential heritage properties. Jean Grandoni, R R # 2, Garner Road, advised of her concern with the demolition of the barn on the property in question. Ms. Grandoni would like to have seen a notice of intent to designate under the Municipal Heritage Act. She feels that the property has an associative value as outlined in the regulations of the Act, justifying designation. -11- Council Minutes October 3, 2011 Joe McMaster, 9301 Beaverdams Road, read the staff report and understood the need to rectify the process to ensure notification of the owner and preservation of appropriate properties. Dan Lane, owner, 5021 Garner Road, outlined how he received no notification by the City of Municipal Heritage Committee and only learned that the property was on the heritage list when he began demolition. He indicated when he purchased the property, he did inquire whether there was any designation and at that time there was not. He outlined that the buildings were not structurally sound. ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes that the recommendation report, that Council not proceed with designation and that staff be directed to update its process for listing and notifying owners of potential heritage properties, be approved. Carried Unanimously * * * ** MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati advised of recent events: the Mayor's Prayer Breakfast, with Paul Henderson as guest speaker and Niagara Falls Culturefest , held at the Niagara Falls Market. Mayor Diodati advised of some upcoming events: the Bridges to Better Business seminar, the Schools in Bloom launch at the Niagara Parks Commission School of Horticulture and the " Random Acts of Kindness " day on November 12 * * * ** COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Autism Ontario Niagara Region - Request that the month of October be declared as " Autism Awareness Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that the request be approved. Carried Unanimously 2. Niagara Falls Public Library - Request that the week of October 16 -22, 2011 be proclaimed " Public Library Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the request be approved. Carried Unanimously 3. Teachers of English as a Second Language Association of Ontario - Request that the week of October 23 -29, 2011 be proclaimed as " English as a Second Language Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the request be approved as recommended. Carried Unanimously 4. CUPE /SCFP Ontario - A request that October 26, 2011 be proclaimed as " Child Care Worker & Early Childhood Educator Appreciation Day" in the City of Niagara Falls RECOMMENDATION: For the Approval of Council -12- Council Minutes October 3, 2011 ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the request be approved. Carried Unanimously 5. Bob Bailey, MPP, Sarnia Lambton - a request supporting a petition to the Minister of Health to have OHIP cover all scientifically verified tests for Acute and Chronic Lyme diagnosis, create public awareness and develop diagnostic and successful treatment protocols. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the request be approved. Carried Unanimously * * * ** RESOLUTIONS NO. 40 - GATES - WING - therefore be it resolved that the installation of the new Electrical Distribution Poles be temporarily put on hold so the Regional Municipality of Niagara and Niagara Peninsula Energy can convene a public information meeting with the Lundy's Lane property owners to outline the scope of the project, the tree preservation plan and allay any concerns of the property owners; and FURTHER BE IT RESOLVED that the Region and NPEI be respectfully requested to make every effort to ensure that the installation plan mitigates impacts on the Lundy's Lane property owners and preserves as many mature trees as possible. Various Lundy's Lane property owners, such as Jacqueline Baldini, Charlie Vandersluys and Nino Fabiano spoke to the lack of consultation on the project and the aesthetically unappealing result the electrical distribution poles will have on the Lundy's Lane streetscape. Councillor Wing AYE Councillor Kerrio AYE Councillor Thomson NAYE Councillor Gates AYE Councillor loannoni NAYE Councillor Pietrangelo AYE Councillor Morocco NAYE Mayor Diodati AYE Councillor Mayes AYE Motion Carried * * * ** REPORTS BUDGET MATTERS Councillor Pietrangelo took the Chair The Director of Finance made a presentation on debt management. Councillor loannoni exited Chambers and did not return. Councillor Pietrangelo stepped down as Chair. -13- Council Minutes October 3, 2011 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. BDD- 2011 -08 - Celebrate Ontario Grant re: New Year's Eve Show. The report recommends that Council authorize the Mayor and Clerk to sign the Celebrate Ontario Agreement. CD- 2011 -15 - Ombudsman Complaint. The report is recommended for the Information of Council. F- 2011 -45 - Major Tax Receivables Report. The report recommends That Council receive the Monthly Tax Receivables report for information purposes. F- 2011 -48 - Tax Sale Extension Agreement. The report recommends that the City of Niagara Falls enter into an Extension agreement with Gerald Horban for the outstanding taxes owing for the property at 5544 McLeod Road. MW- 2011 -39 - Fairview Cemetery Section V Development. The report recommends the following: 1. That staff be directed to proceed with the necessary easement agreement between the Corporation of the City of Niagara Falls and Ontario Power Generation (OPG) for the installation of a stormwater drainage outlet from Fairview Cemetery to the OPG canal; 2. That the Mayor and City Clerk be authorized to execute the easement agreement once completed. 3. That a budget of $60,000.00 be established to cover anticipated expenses for the development of Fairview Cemetery Section V. 4. That the development at Fairview Cemetery Section V be funded from the existing cemetery site improvement Special Purpose Reserve #128. MW- 2011 -41 - Water Meter Bypass Inspection Program. The report recommends that Council authorize staff to proceed with the implementation of a Water Meter Bypass Inspection Program. MW- 2011 -42 - Tenders T09 -2011 and T11 -2011, Fleet Purchases. The report recommends the following: 1. That Tender T09 -2011 for the purchase of Two (2) Front Wheel Drive Cargo Vans be awarded to Performance Chrysler Dodge Jeep of St. Catharines Ontario in the amount of $42,524.00 (plus tax); and the purchase of Two (2) Regular Cab Pickup Trucks and Two (2) Single Axle Trucks with Dual Wheels, Crew Cab & Contractors Dump Box & Hoist be awarded to Niagara Motors Pontiac Buick GMC of Niagara - on- the -Lake, Ontario in the amount of $119,900.00 (plus tax). 2. That Tender T11 -2011 for the purchase of One (1) Manufacturer's Latest Model 4- Wheel Drive Rubber Tire Loader and Backhoe with Bucket and Extend -A -Hoe fully Operational and Mounted be awarded to Toromont Cat of Stoney Creek, Ontario in the amount of $86,940.00 (plus tax); and the purchase of One (1) Manufacturer's Latest Model 4 -Wheel Drive Articulated Rubber Tire Diesel Powered Tractor Complete with Accessories Attachment be awarded to Work Equipment Limited of Courtland, Ontario in the amount of $134,400.00 (plus tax). -14- Council Minutes October 3, 2011 3. That staff be authorized to sign the necessary purchase order and related documents associated with these purchases. PD- 2011 -65 - Brownfield Rehabilitation GrantApplication, 7549 Kalar Road - 2124484 Ontario Ltd. (Robert O'Dell). Agent: Luciano Piccioni - RCI Consulting. The report recommends the following: 1. That Council approve the application for a Rehabilitation Grant, subject to meeting the program requirements, including entering into an agreement with the City. 2. That the Mayor and Clerk be authorized to sign the agreement. PD- 2011 -70 - Commercial Building & Facade Improvement Grant Application, CB & FIG - 2011 -005, 5926 Main Street. Desa Mrkalj, Sestan Holdings Ltd., Double "D" Restaurant. The report recommends the following: 1. That Council approve the Commercial Building & Facade Improvement Grant Application for 5926 Main Street, subject to the owner satisfying the program requirements. 2. That the Mayor and Clerk be authorized to sign and execute the agreement. R & C- 2011 -14 - 2011 Sports Wall of Fame Inductees. The report recommends that Council approve the 2011 Sports Wall of Fame Inductees outlined in the report. TS- 2011 -37 - Preston Avenue at Thorton Street - Intersection Control Review. The report recommends that a stop sign be installed facing eastbound motorists on Thorton Street at Preston Avenue. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Morocco that the reports be approved as printed. Motion Carried with Councillor Gates opposed to PD-2011-65, * * * BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the by -laws be given a first reading. 2011 -126 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, Parking Prohibited, Limited Parking) 2011 -127 A by -law to authorize the execution of an Extension Agreement with Gerald Horban respecting a tax obligation. 2011 -128 A by -law to appoint Councillor Vince Kerrio as Acting Mayor. 2011 -129 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 3 day of October, 2011. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates that the by -laws be read a second and third time and passed. Carried Unanimously * * * ** -15- Council Minutes October 3, 2011 NEW BUSINESS Sports Wagering ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that Council, once again, show their support for single event sports wagering at Canadian casinos by supporting the Private Members' Bill introduced by Joe Comartin, M.P., Windsor- Tecumseh, with a copy to the local member and Attorney General, the Honourable Rob Nicholson. Carried Unanimously with Councillor Wing declaring an indirect pecuniary interest, as her daughter is employed with the Casino. * * * ** ORDERED on the motion of Councillor Mayes, seconded by Councillor Kerrio that the meeting be adjourned at 10:50 p.m. Carried Unanimously * * * ** DE N IORFID , CITY CLERK JAMES M. DIODATI, M OR