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2005/12/05Council met on Monday, December 5, 2005 at 6:00 p.m. in an In Camera Session. All members of Council were present. Alderman Volpatti presided as Chairman. Following consideration of the items presented, the In Camera Session rose to report in open session. TWENTY -THIRD MEETING IN CAMERA SESSION Committee Room 2 December 5, 2005 DEAN IORF1bA, CPTY CLERK R.T. (TED) SALCI, MAYOR REGULAR COUNCIL MEETING Council met on Monday, December 5, 2005 at 7:00 p.m. for the purpose of considering Regular /Planning Business matters. All members of Council were present. Alderman Jim Diodati offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Morocco, seconded by Alderman Pietrangelo that the minutes of November 21, 2005 be approved as printed. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Council Chambers December 5, 2005 Alderman Morocco indicated a pecuniary interest to cheque no. 297173 which was made payable to her spouse and to cheque 297538 which was issued to herself. Alderman Wing indicated a pecuniary interest to cheque no. 297356 which was issued to the Niagara Parks Commission. She owns property with a Parks Commission employee. Alderman Kerrio indicated a conflict to report PD- 2005 -100, he is a guarantor on a mortgage for one of the tenants. Alderman Campbell indicated a pecuniary interest to cheque no. 297454 which was issued to himself and cheque no. 297203 which was made payable to his employer, District School Board of Niagara. Mayor Salci indicated a pecuniary interest to cheque no. 297580 which was issued to himself. -2 DEPUTATIONS /PRESENTATIONS 2005 Red Ribbon Project Bryan Hui, Pearl Leung and Safa Qafi, students at Westlane Secondary School's Chapter of Students Against Impaired Driving requested that Council endorse the 2005 Project Red Ribbon Campaign and to encourage awareness and participation by tying red ribbons to all City vehicles. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that Council endorse the 2005 Project Red Ribbon Campaign and tie red ribbons to all City vehicles. Carried Unanimously Arts Culture Young Family Endowment Karen Akula on behalf of the Arts Culture Committee and Mayor Ted Salci presented a cheque to Tina Schuyler and Marion Holdstock who accepted on behalf of Petersons' Community Workshop. Girls Home for Soccer Representatives from the Niagara Falls Girls Soccer Club, Andrew Howcroft, NFGSC Chair, Colleen Preece, NFGSC President and Joann McKinley Molodynia, NFGSC Treasurer had a cheque for $88,100 for the City of Niagara Falls which was presented to Mayor Ted Salci. Recognition for Bravery PLANNING MATTERS December 5, 2005 Mayor Ted Salci presented a plaque to James Scott and Kenton Boyden for their heroic efforts in the apprehension of a criminal. Mayor Salci advised that these gentleman were also presented with metals from the Governor General's office. PD- 2005 -96 Chief Administrative Officer: Public Meeting, Reconsideration of Decision, Zoning By-law AmendmentApplication 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 Kerrio, seconded by Alderman loannoni that this application be deferred for 60 days. Carried Unanimously PD- 2005 -97 Chief Administrative Officer: Public Meeting, Zoning By -law AmendmentApplication AM- 30/2005, 6030 Thorold Stone Road 6046 Thorold Stone Road. Applicant: Autoline Toyota Marino Proposed Convenience Commercial Use and Recognition of a Residential Dwelling. The report recommends that Council approve the Zoning By -law amendment application to permit a new car agency on the subject land subject to the recommended road widening and landscaping provisions outlined in this report. 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 New Car Agency. He advised that Notice was given by First class mail, in accordance with the Planning Act on Friday, November 4, 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. 3 December 5, 2005 The Deputy Director of Planning and Development reviewed the recommendations and provided the following information. Planning Analysis Official Plan The land is designated Industrial in the Official Plan which permits a range of industrial zones. Zoning amendments can be considered to address changing market conditions and new development trends subject to certain criteria. The OP encourages a gradation of industrial zones with lighter industrial uses located near residential and other sensitive non industrial uses to buffer these uses. The proposal complies with the OP as follows: There is a shift toward light and prestige type industrial businesses along Thorold Stone Rd. Rezoning to LI reflects the current market trends and provides for a gradation of industrial zones which provides a better transition between the heavy industrial uses to the south and the commercial uses to the north. Thorold Stone Rd is an arterial road and gateway to the City. The proposed new car agency that will project a positive image along this gateway. Heavier types of industry that may be less aesthetically pleasing will continue to be permitted south of the subject land, away from Thorold Stone Rd frontage. Adequate landscaping and site design can be secured through the recommended standards and site plan control to provide high aesthetic qualities. Zoning The subject lands are zoned General Industrial (GI). The requested LI zone permits a new car agency as well as a range of light industrial uses. The lands are located at the transition between commercial lands to the west and industrial lands to the east and are situated on an arterial roadway. The requested LI zone with limited automotive commercial uses is in character with recent changes to the street including a car lot and the TRG Insurance office. The applicant is seeking relief from the front yard setback established for road widening purposes, relief from the landscape requirements and a reduction in rear yard setbacks. Current zoning protects an area of 55 feet from the centre line of Thorold Stone Rd., whereas the applicant proposes this area be reduced to 33 feet. The Region has identified a 10 foot widening is required. Therefore, a reduction from the current 55 feet down to 43 feet would meet the Region's needs. The applicant has requested a reduction in the amount of landscaping required in the front yard and exterior side yard. Whereas the by -law requires 67% of these areas to be landscaped, a reduction is supported provided a 5 foot wide strip is provided along both the Thorold Stone Rd. and Carroll Avenue street lines after widening except for driveways. This amount of landscaping is consistent with the landscaping provided at Thorold Stone Mall, across the street. The applicant has requested a reduction of the required rear yard setback from 24.6 feet down to 22.8 feet. This is supported since it is not anticipated to cause an impact on the abutting industrial site. Conclusion 1) The requested amendment can be supported for the following reasons: It complies with the intent of the Official Plan with respect to developing complementary uses in industrially designated lands. Zoning the site Light Industrial provides for a gradation of lighter industrial uses towards the fringe of an industrial district; and A new car agency would be compatible with commercial and service uses already developed along Thorold Stone Rd. 2) To provide for future road improvements and to ensure an attractive streetscape, it is recommended that road widenings be provided along both Thorold Stone Rd and Carroll Avenue and 1.5 m. (5') landscape strips be provided along abutting road frontages. Recommendation: It is recommended that: 4 December 5, 2005 1) Council approve the Zoning By -law amendment application to permit a new car agency on the subject land subject to the recommended road widening and landscaping provision outlined in this report. Michael Allen, agent for the applicant, advised that this is a straight forward application, he believes this is a positive improvement to the Thorold Stone area. ORDERED on the motion of Alderman Wing, seconded by Alderman Volpatti, that Council approve the report as recommended. Carried Unanimously PD- 2005 -99 Chief Administrative Officer: Public Meeting, Zoning By -law Amendment Application AM- 29/2005, 6304 6316 Montrose Road (Rear land Graham Street). Applicant: Gino Forte and 1006057 Ontario Limited o/a Niagara Olympia Homes Agreement of Purchase and Sale), Agent: Sam lorfida (lorfida Consulting Inc.), Future Single- Detached Residential Subdivision. The report recommends that Council approve the Zoning By -law amendment to provide land use regulations for the development of a future residential plan of subdivision; and pass the amending by -law included in tonight's agenda. The Clerk advised that a public meeting is now being convened to consider a proposed amendment to the City's Zoning by -law for Future Single- Detached Residential Subdivision. He advised that Notice was given by First class mail, in accordance with the Planning Act on Friday, November 4, 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 The amendment is requested for a 3,171 sq. m. (0.784 ac) of land at the north limit of Graham St., east of Montrose Rd. and south of Vivian Court. The land is at the rear portion of two properties known municipally as 6304 and 6316 Montrose Rd. A preliminary design for a future residential subdivision provides for 4- single detached lots accessing Graham St. and the enlargement of two abutting lots. 5 December 5, 2005 The property is currently zoned Residential Single Family 1D (R1 D). The applicants have requested a Residential Single Family 1E Density (R1 E) zone to permit the future creation of the lots and construction of dwellings on the subject land with the same zoning standards as the existing subdivision development abutting to the south. Planning Analysis Official Plan The Official Plan is designated Residential in the Official Plan. Graham Street was designed to incorporate the subject land as a future subdivision at the end of the street. Zoning The land is currently zoned R1 D. This zoning requires a minimum lot area of 450 sq. m. (4,844 sq. ft.) and a minimum lot frontage of 15m. (49.2 ft.). The requested change to R1 E classification would permit minimum lot sizes of 370 sq. m. (3,983 sq. ft.) in area and a minimum of 12 m. (39.4 ft.) in frontage. This is the same zone as the balance of the street. The R1 E zone will fulfill a condition of severance granted by the Committee of Adjustment on November 1, 2005. Several steps are necessary in order to complete the cul -de -sac roadway and create future lots. A request to remove Part Lot Control (also on tonight's agenda) would allow the addition of a small triangular parcel to each of the abutting lots to the south. The proposed layout and size of the lots shown on the concept plan is compatible with the neighbourhood and will be subject to a future plan of subdivision. Conclusion Approval of the requested zoning amendment would facilitate a future residential subdivision plan, the enlargement of two abutting lots and satisfy a condition of the related severances. The proposal complies with the Official Plan and is appropriate. The amending by -law for the land is included in tonight's Council agenda. Recommendation It is recommended that Council: 1) approve the Zoning By -law amendment application to provide land use regulations for the development of a future residential plan of subdivision; and 2) pass the amending by -law included in tonight's agenda. Sam lorfida, agent for the applicant, advised that he was pleased with the planning report and he acknowledges all the recommendations. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati that Council approve the report as recommended. Carried Unanimously 6 December 5, 2005 Miscellaneous Planning Matters PD- 2005 -101 Chief Administrative Officer: Request for Removal of Part Lot Control Lots 9 &10, Registered Plan 59M -309, 6323 6326 Graham Street. Owner: 1006057 Ontario Limited o/a Niagara Olympia Homes The report recommends that Council approve the request and pass the by -law included in tonight's agenda to designate Lots 9 &10, Registered Plan 59M -309, as exempt from Part Lot Control; and the applicant be required to notify the City when the separate deeds have been registered. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that Council approve the report as recommended. Carried Unanimously PD- 2005 -100 Draft Plan of Condominium, 6400 Huggins Street, File: 26CD -11 -2005- 03, Owner: 6400 Huggins Apartments Inc. Agent: The Larocque Group The report recommends that the proposed plan of condominium be draft subject to the conditions in the attached Appendix; and 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; and draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council. Joan Larocque, agent for the applicant, outlined the work that had been done and outlined the protection being afforded to the existing tenants. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo that Council approve the report as recommended. Motion Carried with Alderman Kerrio declaring a conflict. Communication withdrawn. MAYOR'S REPORTS. ANNOUNCEMENT Mayor Salci advised that the following letters of condolence were sent to Zenon Chytra, city employee, who's step father passed away; to Wayne Allan, a City employee, who's father Jack passed away; to Mary Pugliese, City employee, who's father Giuseppe Persia passed and to Mark Cahill from the Niagara Falls Review who's father passed away. Mayor Salci advised of some recent events: the Winter Festival of Lights Cheerleading Competition and the sneak preview of the Great Wolf Lodge. Mayor Salci advised of some upcoming events, Dec. 7 is the Multiple Sclerosis AGM and Holiday Social at Club Italia. Also, on Friday Dec. 9 at 6:30 p.m. there will be Candles and Carolling in Cummington Square Chippawa and Dec. 17 is the Community Pancake Breakfast at St. Patrick Church between 8 a.m. and 10 a.m. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Request to Rename Thorold Stone Road Dr. John Bacher is requesting that the Region of Niagara rename Thorold Stone Road to Peter Grandoni Boulevard. The Region would like the City to indicate concerns or objections, if any. 2. Winter Festival of Lights Waiver of Fees A request by the WFOL to waive fees associated with the Candy Cane Lane 5K Race and Family Fun Run. -AND- Memo from City Clerk. RECOMMENDATION: That the waiver not be granted. 7 December 5, 2005 ORDERED on the motion of Alderman Volpatti, seconded by Alderman Wing that the communication be received and filed. Motion Defeated with all but the mover and seconder voted contrary. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni to support the request and waive the fees of $2,645.58 for this year only. Carried Unanimously REPORTS PARKS. RECREATION AND CULTURE MATTERS R- 2005 -39 Chief Administrative Officer Ripley's Entertainment Outdoor Ice Facility. The report recommends that Council agree to the proposal by Ripley's Entertainment Inc. contained within this report and that Glenview Park be declared surplus. The Director of Parks, Recreation and Culture advised that staff is in total support of this proposed Outdoor Ice Facility. To accommodate the facility, which would be in a path configuration the size of three arenas, the developer, Ripley's Entertainment is requesting the purchase of Glenview Park. Ripley's will replace the Glenview Park with a new, bigger park with upgraded equipment off of Buttrey Street. The developer will adopt the new park and continue to improve it. The Director outlined that a neighbourhood meeting had occurred in the summer. 40 people attended and the majority were opposed. In response to a question, the Director indicated the proposed new park would border an active railway line; however, this is not uncommon in the municipality and the park will be adequately fenced. Bob Masterson, President of Ripley's, explained that the proposed Outdoor Ice Facility is a separate amenity, it is not attached to the Great Wolf Lodge. He advised that the Ice Facility and new park will be heavily landscaped. There will be a fee to use the Ice Facility and it will be open to the general public. The project costs for this high quality facility will be between three and five million dollars. Tim Parker, General Manager of Ripley's, gave a brief presentation and outlined all of the Ripley's properties and developments in Niagara Falls. He advised that Ripley's had been a part of Niagara Falls since the early 1960's and Ripley's would like to continue to bring development to the City. Jeff Laker, Landscape Architect for Ripley's, advised that the proposed Outdoor Ice Facility would be heavily landscaped to buffer out the sound for the residents. The facility will be in use all seasons He informed Council that the new park will be about 5 acres in size with a baseball play field, basketball court and much upgraded equipment. Ronald Blair, 4077 Terrace Avenue, who is a long time resident in this area would like to see the Glenview Park left alone. He believes Ripley's has other options without taking over the existing park. 8 December 5, 2005 Jim Sims, 4112 Dyson Avenue, also a long time resident, advised that he was against the proposal of an Outdoor Ice Facility. He felt that the area was a mix of residential and industrial, having a tourist attraction would be incompatible. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati that the recommendations be approved and that an independent CPTED report(Crime Prevention Through Environmental Design) be prepared for the new park off of Buttrey Street. Motion Carried with Alderman Wing opposed. RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell that the actions taken in Community Services Committee, earlier this evening be approved. Carried Unanimously 1) That the minutes of the November 21, 2005 meeting be approved. 2) That the Guidelines for the Preparation of Transportation Impact Studies and Site Plan Review be adopted. 3) That staff proceed with the Kalar Road Trunk Sanitary Sewer Beaver Valley Extension Subdivision Front End Cost Sharing Agreement. 4) That staff be authorized to prepare a Development Agreement with the Niagara Catholic School Board for the proposed roadway, drainage and street lighting improvements to Churchill Street opposite Father Hennepin Elementary School. (Alderman Pietrangelo Conflict) 5) That the Environmental Study Report for the Garner /Southwest Sanitary Service Area Municipal Class EA be received and approved and that staff be directed to file the Environmental Study Report and advertise Notice of Study Completion in accordance with the requirements of the EA process. 6) That staff compile an itinerary of suggested sites and associated costs of visiting revitalised downtowns in other communities in North America to be presented at the December 12 Council meeting. (Alderman Wing Opposed) ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti that a questionnaire be sent to Council members to get their ideas and input as to the future of the Trails and Bikeway Committee.. Carried Unanimously RATIFICATION OF "IN CAMERA" ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell that the "In Camera" action, earlier this evening be approved. That the Memorandum of Understanding between the City of Niagara Falls and Copperlen Sports Entertainment Inc., regarding the Kalar Road Indoor Soccer Facility, is extended on the condition that by March 6, 2006 all required plans, specifications, studies, drawings, applications and agreements have been delivered, negotiated and settled, as the case may be, to the satisfaction of the City Solicitor. Carried Unanimously 9 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. CPS 2005 -01 Employee Christmas Giveaway. It is recommended that Council endorse the "Employee Christmas Giveaway F- 2005 -55 Municipal Accounts. It is recommended that Council approve the municipal accounts totalling 8,192,610.94 for the period October 26 to November 22, 2005. MW- 2005 -143 Commissionaires Contract Extension 2006 Parking Control Services Building Security. It is recommended that Council approve a one year extension to the Canadian Corps of Commissionaires (Hamilton) contract for the supply of Parking Control services and the agreement for building security. The 2006 extension includes a 3% increase from their 2005 contract rates and a 1% increase to their administration fees. MW- 2005 -146 Great Lakes Sustainability Fund Funding. It is recommended that Council authorizes execution of an agreement with the Great Lakes Sustainability Fund for the receipt of $110,000 in funding. That Council send a letter of appreciation to Environment Canada for their contribution to the Niagara Falls Pilot High Rate Treatment Project. R- 2005 -59 Arts Culture Young Family Endowment Fund. It is recommended that specific monies held in Arts Culture Committee's Reserve Account 83 be transferred to the Young Family Endowment Fund 84. ORDERED on the motion of Alderman Campbell, seconded by Alderman Kerrio that the recommendations be approved. Carried Unanimously BY -LAWS December 5, 2005 ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Kerrio that leave be granted to introduce the by -laws and the by -laws be given a first reading. Carried Unanimously 2005 -204 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (High Street, May Ave.) 2005 -205 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. Main Street) 2005 -206 A by -law to establish Block 30 on Registered Plan 59M -339 as a public highway, to be known as and to form part of Morning Glory Court. 2005 -207 A by -law to authorize the execution of a Conservation Easement Agreement with the Boys' Girls Club of Niagara over the lands being Part 6 on Reference Plan 59R- 12912. 2005 -208 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. 2005 -209 2005 -210 2005 -211 A by -law to designate Lots 9 and 10, Registered Plan 59M -309, not to be subject to part lot control (Graham Street). 2005 -212 A by -law to authorize the payment of $8,192,610.94 for General Purposes. 2005 -213 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 5 day of December, 2005. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Kerrio that the by -laws be read a second and third time and passed. Carried Unanimously Project Blue Lights Alderman Diodati requested that the community place a blue light in their windows or in their Christmas lights, to show support of the law enforcement officers for working to keep our community safe. ORDERED on the motion of Alderman Diodati, seconded by Alderman Pietrangelo to have one single blue light in the City Hall foyer to show our support. Carried Unanimously ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati that the meeting be adjourned at 9:00 p.m. Lkt 10 December 5, 2005 A by -law to amend By -law No. 79 -200, to recognize the use of an existing building for a semi detached dwelling on the southwest corner of Delaware Street and Dawlish Street. (AM- 12/2005, Haroun and Sarena Srour). A by -law to amend By -law No. 79 -200, to permit the development of a future residential plan of subdivision at the north limit of Graham Street, east of Montrose Road and south of Vivian Court (AM- 29/2005, Gino Forte and 1006057 Ontario Limited o/a Niagara Olympia Homes Agreement of Purchase and Sale). NEW BUSINESS c Carried Unanimously C DEAN IORFI CIT( CLERK R.T. (TED) SALCI, MAYOR