2005/11/21TWENTY- SECOND MEETING
REGULAR COUNCIL MEETING
ADOPTION OF MINUTES
DISCLOSURES OF PECUNIARY INTEREST
Committee Room 2
November 21, 2005
Council met on Monday, November 21, 2005 at 8:00 p.m. for the purpose of
considering Regular /Planning Business matters. All members of Council with the
exception of Alderman Selina Volpatti were present. Alderman Carolynn loannoni offered
the Opening Prayer.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati
that the minutes of November 7, 2005 be approved as printed. Carried Unanimously
Alderman Wing indicated that she had a conflict with the sections of report PD-
2005-95 that pertain to the Niagara Parks Commission because she owns property with
a Niagara Parks employee.
PLANNING MATTERS
Chief Administrative Officer: Reconsideration of Decision, Zoning By -law Amendment
Application AM- 20/2005, Dorchester Road (East Side)/ 6846 Frederica Street, Applicant:
Peter S. Lesdow, Proposed Townhouse Development and Existing Church.
ORDERED on the motion of Alderman loannoni, seconded by Alderman Morocco
that this application be deferred to the December 5, 2005 meeting. Carried Unanimously
PD- 2005 -93 Chief Administrative Officer: Public Meeting, Zoning By -law
Amendment Application AM- 25/2005, 5056 Montrose Road. Applicant: Angelo Marino
Proposed Convenience Commercial Use and Recognition of a Residential Dwelling.
The report recommends that Council approve the request to recognize one of the
two Existing second floor residential units as an accessory use to principal uses permitted
on the land; and approve the request to allow a retail store on the property, but only on a
temporary basis though the passage of a three (3) year temporary use by -law.
The Clerk advised that a public meeting is now being convened to consider a
proposed amendment to the City's Zoning by -law to permit a Proposed Convenience
Commercial Use and Recognition of a residential dwelling. He advised that Notice was
given by First class mail, in accordance with the Planning Act on Friday, October 21, 2005
and by posting a sign on the property in question. He informed that anyone wishing to
receive notice of the passage of the zoning by -law amendment, or to participate in the site
plan process, if applicable, should leave their names on the sign -in sheets outside the
Council Chambers.
The Director of Planning and Development reviewed the recommendations and
provided the following information.
Background
2 November 21, 2005
The owner previously filed a Zoning By -law amendment application in 1994 to permit a
dance studio on the ground floor and a residential dwelling unit above.
Council approved the application, however, the applicant did not pursue the adoption of
an amending by -law.
The current application is similar in nature to Council's previous approval.
Planning Analysis
Official Plan and Secondary Plan
The property is designated Industrial in the Official Plan. The east side of Montrose is
primarily developed for Industrial purposes.
Limited convenience commercial outlets may be permitted where they are dedicated to
serving the industrial district.
The Northwest Secondary Plan designates lands directly across the street from the subject
lands for a large neighbourhood shopping plaza.
However, this planned commercial facility, is still unbuilt and there are limited convenience
commercial outlets to serve the area.
This proposal to locate a store on the subject lands would serve as an interim use.
Consideration should be given to approving the commercial use of the property by way of
a temporary use by -law.
Zoning
The requested Zoning By -law amendment to permit a retail store on this industrial zoned
property should be considered on a temporary basis only.
The City's planning program provides for a neighbourhood commercial facility on the west
side on Montrose Road to serve the surrounding area. It would not be appropriate to
approve a permanent convenience commercial store on this site in light of the planned
neighbourhood centre directly across the street.
The building could be converted to an industrial use, in accordance with the zoning, once
the retail store operation ceases.
The site is appropriate for this temporary use because parking exceeds by -law
requirements and adequate access is provided to Montrose Road and the Regional
Recycling Facility driveway, which is signalized.
One of the two residential units on the upper level is intended to be decommissioned as
a dwelling unit. The other residential unit can be legally recognized through zoning as an
accessory use to the ground floor use.
Conclusion
The requested convenience commercial retail store can be supported as a temporary use.
This would provide a convenience commercial outlet for the neighbourhood on an interim
basis until the planned neighbourhood plaza across the street is constructed.
Recognizing a residential dwelling unit on the second floor as an accessory use to the
ground floor commercial or industrial outlet would not impact on surrounding industrial
operations.
3 November 21, 2005
Residential uses on the property have existed for many years. While new residential units
would typically not be permitted, recognizing an existing residential use is considered
appropriate.
Recommendation:
It is recommended that Council:
1) Approve the request to recognize one of the two Existing second floor residential
units as an accessory use to principle uses permitted on the land; and
2) Approve the request to allow a retail store on the property, but only on a temporary
basis through the passage of a three (3) year temporary use by -law.
Michael Allen, agent for the applicant, advised that he had gone through the
planning report and he acknowledges all the recommendations.
ORDERED on the motion of Alderman loannoni, seconded by Alderman Diodati,
that Council approve the report as recommended. Carried Unanimously
PD- 2005 -92 Chief Administrative Officer: Public Meeting, Zoning By -law
Amendment Application AM-26/2005, 4610 Ferguson Street. Applicant: Christopher
J. Johns, Recognize Two Existing Dwelling Units.
The report recommends that Council approve the Zoning By -law amendment
application to recognize the two existing dwellings on the land and prior to the passage of
the amending by -law, the applicant pay the full Urban, City and Regional Development
Charges as required for the previous conversion of the former tradesman shop; and the
appropriateness of current land use designations and zoning in the subject area be further
evaluated through the Pilot Project Area land use study.
The Clerk advised that a public meeting is now being convened to consider a
proposed amendment to the City's Zoning by -law to Recognize two Existing. He advised
that Notice was given by First class mail, in accordance with the Planning Act on Friday,
October 21, 2005 and by posting a sign on the property in question. He informed that
anyone wishing to receive notice of the passage of the zoning by -law amendment, or to
participate in the site plan process, if applicable, should leave their names on the sign -in
sheets outside the Council Chambers.
Background
There are two dwelling units on the property. The principal dwelling unit is a legal non-
conforming use.
A former tradesman shop was converted to a second dwelling unit without a building permit
prior to 1995. Council passed a temporary use by -law in 1995 to permit the second
dwelling unit for a 3 year period. Extensions were granted in 1999 and 2002. The last
temporary use by -law has expired.
The applicant is now seeking to have the two dwelling units permanently recognized in the
Zoning By -law.
Planning Analysis
Official Plan
The Official Plan designates lands on the south side of Ferguson St. as Industrial.
Despite this designation, the subject lands and lands along the south side of Ferguson St.
form part of a small residential enclave.
The OP contains policies which recognize situations where Existing development may not
comply with the OP land use designations. Where such development is stable and
generally compatible with surrounding complying uses, Council may zone such lands to
properly recognize the existing uses.
In this particular situation, the rezoning of the subject lands for residential purposes is
appropriate as the cluster of houses along the south side of Ferguson St. have existed for
many years and industrial uses in the area are not impacted by the houses.
Zoning
The subject lands are currently zoned Industrial, with a temporary provision which
recognizes the conversion of a former tradesman shop into a residential dwelling.
Rezoning the subject lands to residential is appropriate for the following reasons:
The R2 zoning being applied for is the same zoning which exists on the north side
of Ferguson St.
Ample parking and landscaping are provided on the site which is characteristic of
the other residential properties on the neighbourhood.
The subject lands have been occupied by two residential dwellings for many years
without any adverse impacts.
Conclusion
The proposed rezoning application recognizes a long- standing situation where a small
enclave of houses exist in an area designated for industrial development.
Industrial development along the south side of Ferguson St. is not imminent. Residential
houses in the area are stable and are compatible with the surrounding area.
Recommendation
It is recommended that:
4 November 21, 2005
1) Council approve the Zoning By -law amendment application to recognize the two
existing dwellings on the land;
2) Prior to the passage of the amending by -law, the applicant pay the full Urban, City
and Regional Development Charges as required for the previous conversion of the
former tradesman shop; and
3) The appropriateness of current land use designations and zoning in the subject
area be further evaluated through the Pilot Project Area land use study.
The applicant had no additional comments.
ORDERED on the motion of Alderman Morocco, seconded by Alderman Diodati that
Council approve the report as recommended. Carried Unanimously
It is recommended that this report be received for information.
5 November 21, 2005
PD- 2005 -95 Chief Administrative Officer: Modifications to the Niagara Falls Official
Plan.
The Clerk advised that a public meeting is now being convened to consider
modifications to the Niagara Falls Official Plan. Notice of the Public meeting was given in
accordance with the Regulations, by publishing a notice in the Niagara News on
Wednesday, October 19, 2005 and the Niagara Falls Review, Welland Tribune, and
Niagara Shopping News on Saturday, October 22, 2005, and by prepaid first class mail on
Friday, October 21, 2005 to various commenting agencies.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman loannoni that
Council approve the report as recommended. Carried Unanimously
MAYOR'S REPORTS, ANNOUNCEMENT
Mayor Salci advised that a letter of condolence was sent to the family of the late
Anthony Diodati.
Mayor Salci advised of some recent events: Nov. 11 2005 the Remembrance Day
Service was held at the Niagara Falls Memorial Arena, Nov. 12' was the WFOL Veterans
Tribute Parade, Nov. 16 the New Years Eve Announcement was held, Nov. 18 was the
Ribbon cutting for the Responsible Gaming Info. Centre and on Nov. 21s was the
Provincial Budget Consultation.
Mayor Salci advised of an upcoming event, Nov. 22, 2005 the Youth Appreciation
Awards will be held at the Optimist Club.
Mayor Salci mentioned the recent rescue of a trapped construction worker and
commended all who were involved in the rescue. He also acknowledged Andre Lemieux,
who competed in the World Karate Championships. Andre finished fifth in the
championships and is a member of Team Canada's Karate Team.
AND-
AN D-
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Sobey's Ontario Application for Tourism Exemption regarding Holiday openings
Commisso's Food Market, 3714 Portage Road, Niagara Falls, ON
AND
Letter from City Clerk.
RECOMMENDATION: For the Consideration of Council
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Morocco to
support the application. Carried Unanimously with Alderman Diodati declaring a conflict.
2. Central Veterans Association Requesting that all vehicles bearing the "Veteran"
license plate are permitted free parking at city metres and parking areas on a
permanent basis.
Memo from Karl Dren, Manager of Traffic and Parking Services.
RECOMMENDATION: For the Consideration of Council
ORDERED on the motion of Alderman Morocco, seconded by Alderman Kerrio that
the request be approved. Carried Unanimously
3. Tom Saks, Renaissance Fallsview Noise concern from My Cousin Vinny's
restaurant.
-AND
Memo from City Clerk.
RECOMMENDATION: For the Information of Council.
6 November 21, 2005
ORDERED on the motion of Alderman Morocco, seconded by Alderman Wing that
a publication be put in the paper advising the public that the Noise By -law will be enforced
with zero tolerance in 2006. Carried Unanimously
4. Regional Council Review Committee Regional Council is undertaking a review
of the function of planning, a Review Committee is being established, would a
member of Niagara Falls City Council be interested to sit on this committee?
RECOMMENDATION: For the Decision of Council.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Kerrio that
Council endorse Alderman Morocco to sit on the Regional Council Review Committee.
Carried Unanimously
Additional Items for Council Consideration:
1. Ontario March of Dimes Requesting that December 3, 2005 be declared as
International Day for Disabled Persons in the City of Niagara Falls.
RECOMMENDATION: For the Approval of Council.
ORDERED on the motion of Alderman loanonni, seconded by Alderman Pietrangelo
that the request declaring December 3 as International Day for Disabled Persons in the
City of Niagara Falls be approved. Carried Unanimously
REPORTS
CLERKS MATTERS
CS- 2005 -11 Chief Administrative Officer 2006 Council Schedule.
The report recommends that Council pass the by -law appearing on tonight's agenda
adopting the attached schedule for 2006.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Diodati to
approve the report as recommended. Carried Unanimously
FINANCE MATTERS
F- 2005 -54 Chief Administrative Officer Federal Gas Tax Revenue.
The report recommends that Council authorize the Mayor and City Clerk to execute
the agreement for the receipt of the Federal Gas Tax Revenue.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Morocco to
approve the report as recommended. Carried Unanimously
7 November 21, 2005
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco
that the actions taken in Community Services Committee, earlier this evening be approved.
Motion Carried with Alderman Wing and loannoni opposing report MW- 2005 -126, Space
Needs City hall.
1) That the minutes of the November 7, 2005 meeting be approved.
2) That staff contact Loblaws to request clarification of Mr. Priamo's statement from
the October 18 Council meeting with regards to no works beginning until after road
improvements take place on Dorchester Road.
3) That the existing no parking restriction at all times on both sides of High Street
between Highland Avenue be extended to Glenholme Avenue.
4) That the existing "parking restriction" on the east side of May Avenue be extended
to Terrace Avenue.
5) That the City enter into a one -year lease with two one -year options at the approval
of Council for space in the Acres Building to satisfy space needs as a short term
solution until the completion of the Downtown Strategic Implementation Plan.
6) That 2 hour free parking at On- Street Parking Metres and On- Street Pay and
Display Machines in the Downtown Core, during the month of December be
approved.
7) That the draft Niagara Falls City -Wide Brownfield Community Improvement Plan
Pilot Project Area Study be forwarded to the Ministry of Municipal Affairs and
Housing.
8) That staff prepare a report on Employee Appreciation incentives.
RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Campbell, seconded by Alderman Morocco
that the actions taken in Corporate Services Committee, earlier this evening be approved.
Carried Unanimously
1. That the minutes of the November 7, 2005 meeting be adopted as recorded.
2. That the following 2006 funding requests be referred to budget deliberations:
Niagara Transit, Niagara Chair -A -Van, Niagara Falls Public Library, Winter Festival
of Lights.
3. That funding for an additional driver for Chair -A -Van be referred to final budget
deliberations.
4. That Staff investigate all possible options for Niagara Falls Tourism including, but
not limited to, access to OPG Tourism Marketing Fund, a partnership with the
Chamber of Commerce and having the City look into taking over the administration
of the operation.
5. That the Major Receivables Quarterly Report be received for information.
6. That the 2005 approved grant amount of $85,000 for the Niagara District Airport
Commission be affirmed.
8 November 21, 2005
7 That the request for support from the Niagara Falls International Marathon be
received and filed.
8. That staff investigate the tax deferral for low- income seniors and low- income
disabled residents who are affected by property tax increase due to higher
assessment.
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, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE
REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY.
MW- 2005 -133 Union Marsh Drain Project. It is recommended that the City extend the
time limit for the consultant to file his Final Report to January 31, 2006 for Council's
consideration.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Morocco, to
have staff prepare a report on the impact that it may have on the residents in the effected
area as well as what has been done in past drainage projects. Carried Unanimously
PD- 2005 -94 Matters Arising from the Municipal Heritage Committee Meeting
October 26, 2005. It is recommended that Council not approve a designated property
grant application for repair work to the chimney of 6151 Culp Street as outlined in this
report.
MW- 2005 -131- Parkside Road Extension Through Hydro Corridor Garner
Neighbourhood. It is recommended that the City proceed with negotiations for the
acquisition of the property required for the extension of Parkside Road from Hydro One and
further that all costs associated with the purchase be funded from the Development
Charges Reserve Fund.
MW- 2005 -134 Tender T -13 -2005 Roof Replacement Old Armoury- 5049 Victoria
Avenue (Masonry Work) and Coronation Centre 5925 Summer Street. It is
recommended that the unit price of $148,730.00 submitted by the low tenderer, Flynn
Canada, be accepted and that an agreement be entered into with the successful bidder.
MW- 2005 -138 Contract for Supply and Apply of Sand /Salt in City Parking Lots Three
(3) year term (T2005 -14). It is recommended that Ken Warden Construction be awarded
the contract for the supply of services for Sanding and Salting in Groups A through F
Parking lots; and, that Ken Warden Construction enter into an agreement with the City of
Niagara Falls for Supplying and Applying of Sand /Salt in City Parking Lots for a 3- year
term, from 2005 -2008 in accordance with Contract T2005 -14.
MW- 2005 -139 Contract T2005 -15A for Snow Plowing, Piling and Hauling of Snow
City Parking Lots Three (3) year term. It is recommended that Dominion Paving be
awarded the contract for the supply of services for snow plowing of parking lots designated
in Area 1; and The Green Group be awarded the contract for the supply of services for
snow plowing of parking lots designated in Area 2; and Ken Warden Construction be
awarded the contract for the supply of services for snow plowing of parking lots designated
in Area 3; and that the successful bidders enter into an agreement with the City of Niagara
Falls for the snow plowing of municipal parking lots and hauling when required for a 3 -year
term, from 2005 -2008 in accordance with Contract T2005 -15 -A.
FS- 2005 -08 Combat Challenge Agreement The report recommends that Council
approve negotiating and entering into an agreement with Firefit of Canada Ltd., and any
other ancillary agreements, to host the 2006 Firefit Championships in Niagara Falls on
September 14 to 17, 2006.
9 November 21, 2005
ORDERED on the motion of Alderman Pietrangelo, seconded byAlderman loannoni
that the recommendations be approved. Carried Unanimously
2005 -192
BY -LAWS
The Clerk advised of an additional by -law 2005 -202, A by -law to authorize the
execution of an Offer to Purchase from Villarboit Development Corporation, in trust for a
company to be incorporated, to The Corporation of the City of Niagara Falls respecting the
purchase of City -owned lands located on the west side of Montrose Road and north side
of McLeod Road, in the City of Niagara Falls (approximately 30 acres).
ORDERED on the motion of Alderman Pietrangelo, seconded byAlderman loannoni
that leave be granted to introduce the by -laws and the by -laws be given a first reading.
Carried Unanimously
A by -law to dedicate Blocks 114 and 115 on Registered Plan 59M -324 as
public highways, to be known as and to form part of Shannon Drive and St.
Michael Avenue, respectively.
2005 -193 A by -law to establish Block 103 on Registered Plan 59M -338 as a public
highway, to be known as and to form part of Garner Road.
2005 -194 A by -law to authorize the execution of a Commercial Land Lease with
Ontario Realty Corporation an Her Majesty The Queen respecting the lease
of lands known as Municipal Parking Lot 18 located at the corner of
Victoria Avenue and Kitchener Street, Niagara Falls.
2005 -195 A by -law to establish Block 102 on Registered Plan 59M -315 as a public
highway, to be known as and to form part of Westport Drive.
2005 -196 A by -law to amend By -law No. 2005 -55, being a by -law to establish
regulations for a hotel on the easterly portion of the land and a commercial
development exclusive of a hotel or motel on the westerly portion of the land,
which amended By -law No. 79 -200.
2005 -197 A by -law to provide for the adoption of an amendment to the City of Niagara
Falls Official Plan (OPA No. 63).
2005 -198 A by -law to amend By -law No. 79 -200, to permit the first phase of a resort
commercial development (AM- 03/2004, Brown Rd. at Kalar)
2005 -199 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City Roads. (Parking Prohibited)
2005 -200 A by -law to execute this Municipal Funding Agreement for the Transfer of
Federal Gas Tax Revenues under the New Deal for Cities and Communities
between the Association of Municipalities and the Corporation of the City of
Niagara Falls as in Schedule "A" attached hereto.
2005 -201 A by -law to amend By -law 89 -155 and adopt a Schedule of Meetings.
2005 -202
2005 -203 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 21s day of November, 2005
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati
that the by -laws be read a second and third time and passed. Carried Unanimously
City Council Letterhead
Alderman Diodati requested that a letterhead be created for Council members to
use. Council was informed that the City is in the process of developing new letterhead and
the request should be possible.
Sleep Cheap, Charities Reap Promotion
Alderman Diodati informed Council that 75% of the rooms have been sold. A special
thanks to the hoteliers for their generosity and also a thanks to Dick Derhodge for creating
the logo for the Promotion, free of charge.
ORDERED on the motion of Alderman Diodati, seconded by Alderman Pietrangelo
that the hoteliers and Dick Derhodge be invited to a future Council meeting for recognition.
Carried Unanimously
ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing that
the meeting be adjourned at 9:05 p.m.
Carried Unanimously
1
10 November 21, 2005
A by -law to authorize the execution of an Offer to Purchase from Villarboit
Development Corporation, in trust for a company to be incorporated, to The
Corporation of the City of Niagara Falls respecting the purchase of City
owned lands located on the west side of Montrose Road and north side of
McLeod Road, in the City of Niagara Falls (approximately 30 acres).
NEW BUSINESS
ip-e4
DEAN IORFIDBC, CITY CLERK MAYOR R.T. (TED) SALCI