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2006/06/26ELEVENTH MEETING IN CAMERA MEETING Committee Room 2 June 26, 2006 Council met on Monday, June 26, 2006 at 5:30 p.m. in an In Camera Session. All members of Council, with the exception of Alderman Pietrangelo were present. Alderman Volpatti presided as Chairman. Following consideration of the items presented, the In Camera Session did arise in open session. DEAN IOF3,�'iDA, i t------ TY CLERK REGULAR COUNCIL MEETING Council Chambers June 26, 2006 Council met on Monday, June 26, 2006 at 7:25 p.m. for the purpose of considering Regular /Planning Business matter. All members of Council, with the exception of Alderman Pietrangelo were present. Alderman Diodati offered the Opening Prayer. ADOPTION OF MINUTES Alderman Diodati indicated that under New Business, he would like St. Andrew's United Church recognized at a future Council meeting. ORDERED on the motion of Alderman Morocco, seconded byAlderman Diodati that the minutes be approved as amended. Carried Unanimously R.T. (TED) SALCI, MAYOR DISCLOSURES OF PECUNIARY INTEREST Alderman Wing indicated a conflict with By -law 2006 -108 as she owns abutting property and also to the Resolution as far as the Niagara Parks Commission is affected as she owns property with a NPC employee. Rob Nicholson MP 2 June 26, 2006 Council Minutes Rob Nicholson MP provided a brief update on current Federal projects and activities. He outlined his duties as House Leader and outlined the government's activities with regard to democratic reform and border issues. Mr. Nicholson mentioned the International Bridge and Tunnels Act and efforts of his government to deal with the Western Hemisphere Travel Initiative. He thanked Council for giving him the opportunity to speak and update them. YMCA of Niagara DEPUTATIONS /PRESENTATIONS Dr. Ian Brown advised on the impact of the MacBain Community Centre through increased numbers for all of the service providers located in the building. He indicated that the fundraising campaign is now complete and presented a cheque for $250,000 bringing the total to $1.75 million. Stephen Butz made a brief announcement indicating that in addition to the $250,000, on behalf of the YMCA, he had an additional cheque for $200,000. Mr. Butz also indicated that from a recent survey of national YMCA's, the Niagara Falls "Y" was in the top 25 percentile. Senior of the Year Recognition Harriet Worden was recognized for being selected Senior of the Year. Mayor Salci presented Ms. Worden with an award from the Ontario Honours and Awards Secretarian and congratulated her on her accomplishments on behalf of City Council. Hanya Goforth the Coordinator of the Coronation Center was also present and she congratulated Harriet Worden on being selected "Senior of the Year" and advised that she is most deserving of the award. Niagara Falls Rail Road Museum Ken Jones made a powerpoint presentation outlining the importance of preserving railway heritage. The Niagara Falls Rail Road Museum was officially started in 1996 and had its first show in 2001. Mr. Jones is looking for a permanent location for the museum. The Director of Business Development advised that the City has been working and with Mr.Jones over the last four years and they will continue to assist him in locating a permanent home for the organization. PLANNING MATTERS PD- 2006 -52 Chief Administrative Officer: Public Meeting, Zoning By -law Amendment Application AM- 18/2006, 6161 Main Street. Applicant: Doddy Sardjito, Agent: Chris Cristelli, Proposed Bed and Breakfast Operation. The report recommends that Council approve the requested Zoning By -law amendment application to permit the existing three -unit dwelling to be converted to a single detached dwelling and used as a tourist home bed and breakfast accommodations) containing no more than three bedrooms for tourists. The Clerk advised that a public meeting was now being convened to consider an amendment to the City's Zoning by -law for a proposed bed and breakfast operation, 6161 Main Street. He advised that Notice was given by First class mail in accordance with the Planning Act on Friday, May 26, 2006 and by posting a sign on the property in question. 3 June 26, 2006 Council Minutes He informed that anyone wishing to receive passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, shall leave their names on the sign -in sheet outside Council Chambers. The Director of Planning and Development reviewed the recommendations and provided the following information. Planning Analysis Official Plan The property is designated Residential in the Official Plan. Bed Breakfast accommodations may be permitted within owner occupied homes where they are considered to be compatible with the residential neighbourhood. Establishment of these facilities is to be regulated as to their location, size and traffic generation to minimize potential disturbances to adjacent properties and to protect the character identity of the overall neighbourhood. The proposed bed and breakfast conforms to the OP as follows: Zoning The conversion of a 3 unit dwelling to a single detached dwelling with a 3 bedroom bed and breakfast use does not intensify the use of the land and should not increase impacts on the surrounding properties. The bed and breakfast will be compatible with the existing mixed use and nature of Main St. The site has direct access onto a major collector road (Main St) which can readily accommodate the modest traffic from the proposed uses and has convenient access to tourist areas. Existing landscaping and amenity space in the front yard will be maintained and the existing parking area in the rear yard will provide the necessary parking The land is currently zoned Residential Apartment 5A Density (R5A). The land is requested to be rezoned to a site specific Residential Single Family 1C Density (R1 C) zone to permit a single detached dwelling on the land to be used as a tourist home containing up to 3 bedrooms for tourists. The R1 C zone is the most appropriate zone for this proposal as the property and existing development thereon corresponds most closely to the standards contained in this zone. The proposed amendment does not offend the Historic Drummondville Community Improvement Plan (CIP). The Plan supports residential intensification of a low rise nature along the south end of Main St. The Bed Breakfast proposal is consistent with the objectives of the CIP. Conclusion The requested amendment can be supported for the following reasons: The proposal is within the intent and purpose of the Official Plan respecting bed and breakfast accommodations. The site has direct access to a major collector road and easy access to tourist areas. -4- There is sufficient lot area for parking and amenity space. The residential character of the property will be maintained. Recommendation It is recommended that: June 26, 2006 Council Minutes Council approve the requested Zoning By -law amendment application to permit the existing three -unit dwelling to be converted to a single detached dwelling and a tourist home (bed and breakfast accommodation) containing no more than three bedrooms for tourists. Mayor Salci advised that failure to make an oral or written submission at this Public Meeting could result in the Ontario Municipal Board dismissing any referral it receives if the party has not made an oral written submission at the Public Meeting. Chris Cristelli, agent for the applicant, advised that he reviewed the report and accepts the staff recommendations and was available to answer any questions. Mayor Salci declared that the Public Meeting with regard to AM- 18/2006 is closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that the report be approved as recommended. Carried Unanimously PD- 2006 -53 Chief Administrative Officer: Official Plan Zoning By-Iaw Amendment Application, AM- 20/2006, 8675 Montrose Road. Applicant: Simo Bielich Permit a Body -Rub Parlour within a Hotel on a Permanent Basis. The report recommends that Council approve the Zoning By -law amendment application to permit a body -rub parlour within the same building as a hotel on a permanent basis; and pass the amending by -law, on tonight's agenda, to implements Recommendation #1. The Clerk advised that a public meeting was now being convened to consider an amendment to the City's Zoning by -law to permit a Body -Rub Parlour within a Hotel on a Permanent Basis, 8675 Montrose Road. He advised that Notice was given by First class mail in accordance with the Planning Act on Friday, May 26, 2006 and by posting a sign on the property in question. He informed that anyone wishing to receive passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, shall leave their names on the sign -in sheet outside Council Chambers. The Director of Planning and Development reviewed the recommendations and provided the following information: Planning Analysis Official Plan The property is designated Industrial in the Official Plan. In 2002 Council adopted OP Amendment No. 45 and Zoning By -law No. 2002 -201 to regulate the location of adult entertainment parlours and body rub parlours. These uses are to be located mainly on Industrially designated lands, with a 300 m. separation from sensitive uses such as residential uses. There is also to be a 100m. setback from other similar facilities and the QEW. A request from the applicant's lawyer for an exemption from the 100. setback requirement was 5 June 26, 2006 Council Minutes granted by adding an site specific policy to the OP. Permitting a body rub parlour on the subject lands meets the locational criteria and site specific exemption set out in the OP. Zoning The City's adult entertainment by -law No. 2002 -201 restricts the location of body rub parlours to free standing, single use buildings. In 2004, the applicant requested an amendment to the Zoning by -law to permit a body rub parlour in the same building as the existing Sam's Montrose Hotel. Council approved the zoning amendment on a temporary basis which was recommended by the City's adult entertainment consultant for the purposes of monitoring the operation. With the expiration of the temporary use by -law the applicant is seeking Council's permission to allow the use on a permanent basis. Conclusion -There have been no concerns raised about how the parlour has been operated. No licence violations or criminal activities have been reported in associated with this parlour. A site inspection indicates that the facility has been kept physically separated from the hotel and has not been expanded. For these reasons, there are no concerns with permitting this parlour on a permanent basis. The zoning by -law amendment will contain regulations to restrict the parlour to its existing size and to require its physical separation from the hotel use. The operation of the existing parlour has not resulted in any licence violations, reported criminal activity or deterioration of the property and therefore, it is appropriate to permit this parlour on a permanent basis. The amending by -law on tonight's agenda will implement the recommended approval of this application. Recommendation It is recommended that Council: Approve the Zoning By -law amendment application to permit a body -rub parlour withing the same building as a hotel on a permanent basis; and pass the amending by -law, on tonight's agenda, to implement Recommendation No. 1. Mayor Salci advised that failure to make an oral or written submission at this Public Meeting could result in the Ontario Municipal Board dismissing any referral it receives if the party has not made an oral or written submission at the Public Meeting. Simo Bielich, applicant, was in favor of the report and advised he was available to answer any questions that Council may have. ORDERED on the motion of Alderman Morocco, seconded by Alderman Kerrio that the report be approved as recommended. Carried Unanimously 6 June 26, 2006 Council Minutes MAYOR'S REPORTS, ANNOUNCEMENT Mayor Salci advised that a letter of condolence was sent to the family of the late Captain Paul Hibbard of the City's Fire Services Department. Mayor Salci congratulated Alderman Victor Pietrangelo and his wife Anita on the birth of their daughter Riannon born on Sunday, June 25, 2006. Mayor Salci advised of some recent events: June 25 was the Miss. Niagara Pageant which was very well attended, the Mayor extended congratulations to all the participants and to the winner Shelly Murphy. On June 19, 2006 the Mayor met with Provincial Minister David Caplan to discuss the Province's "Places to Grow" Plan. On Tuesday, June 20 Global TV did a neighbourhood broadcast live from Niagara Falls at the Oakes Garden Theatre. Mayor Salci advised of some upcoming events: on June 28 the Niagara Parks is hosting "Niagara Totem Pole Woodcarving Park" opening at the Niagara Glen, July 1s will be the Canada Parade and celebrations at Optimist Park, and on July 15 the Niagara Falls Horticultural Society will be holding their 12 Annual Garden Walk. Mayor Salci expressed a special congratulations to all the city's high school students who are graduating this week and best of luck with their future post- secondary plans. COMMUNICATION AND COMMENTS OF THE CITY CLERK 1. Rogers Wireless- requesting permission to install a 70m telecommunications tower in the vicinity of 14806 McKenny Road. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco to approve the recommendation and grant permission to Rogers Wireless. Carried Unanimously RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati that the actions taken in Community Services, on June 26, 2006 be approved. Carried Unanimously 1) That the minutes of the June 12, 2006 meeting be approved. 2) That the recommendations in the BMA Financial Planning Policies report be forwarded to staff. 3) That the Nassau Avenue Traffic Operations Review be received for information. 4) That the Centennial Water Molecule, be returned to the City of Niagara Falls within one year, if Hi -Tech Materials has not found a suitable location in Niagara Falls. 5) That the interim amendments passed for the City's existing sign by -law that expires on June 30, 2006 be extended until October 31, 2006. 6) That schedule `D' (G.N.G.H hospital security staff) be removed from by -law 2002- 081, being a by -law to appoint provincial offences for the purpose of issuing parking infractions. 7 June 26, 2006 Council Minutes 7) That the parking restrictions as listed in report MW-2006-74 be implemented. 8) That the City make efforts to have various partners, along with the City itself pay for Police at the Victoria Avenue /Centre Street/Clifton Hill intersection to an upset limit of $12,000.00 and the officers be deployed ASAP. 9) That the City pursue decibel meters as a tool in enforcing the Noise By -law and report back to Council. RATIFICATION OF "IN CAMERA" ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati that the "In Camera" actions, earlier this evening be approved. That staff continue to negotiate with JDS and report back to Council. 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. F- 2006 -39 Cancellation, Reduction or Refund of Taxes. It is recommended that the cancellation, reduction or refund of taxes on the various accounts per attached summary be approved and granted to the property owners listed. F- 2006 -38 Low Income Seniors' Water Rebate. It is recommended for the information of Council. MW- 2006 -75 Erie Avenue Parking Structure EA- Consultant Selection. It is recommended that the BA Group be hired to complete a Downtown Parking Action Plan and Erie Avenue Parking Structure Environmental Assessment. MW- 2006 -65 Downtown Western Gateway Environmental Assessment Consultant Selection. It is recommended that Matrix Innovations Inc. be hired to complete an Environmental Assessment for determining the preferred design of the "western gateway" road system in the west end of downtown Niagara Falls. MW- 2006 -73 Rolling Acres Crescent and QEW Storm Sewer Improvements, Ministry of Transportation Legal Agreement. It is recommended that the City of Niagara Falls enters into a legal agreement with the Ministry of Transportation for the storm sewer improvements across the QEW at Rolling Acres Crescent and that Council authorizes the Mayor and City Clerk to sign the agreement. FS- 2006 -07- Award of Tender for Station 6 New Fire Station. It is recommended that Council award tender T05 -2006 for the Station 6- New Fire Station to the low bidder Bromac Construction Engineering Ltd. of Fenwick, ON for the tender amount of $1,348,200.00, GST included. 8 June 26, 2006 Council Minutes CD- 2006 -07- Voting. It is recommended for the information of Council. BDD- 2006 -05 Market By -law Amendment Falls Farmer's Market Sylvia Place. It is recommended that Council pass the amendment to the Market By -law, listed under the by -law section of tonight's agenda. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio that the recommendations in the consent Agenda be approved. Carried Unanimously 2006 -105 2006 -108 2006 -110 RESOLUTIONS NO. 9 VOLPATTI KERRIO That Council confirms the actions of Staff in filing the Notices of Appeal or Complaint against those properties set out in Schedule "A" attached to this Resolution; and Staff be authorized to appear at the Hearing to consider the Appeals or Complaints and to take all steps necessary to support the said Appeals or Complaints. Carried Unanimously with Alderman Wing declaring a conflict. BY -LAWS ORDERED on the motion of Alderman Morocco, seconded by Alderman Kerrio that the by -laws be given a first reading. Carried Unanimously 2006 -104 A by -law to authorize the execution of a Lease Amendment Agreement with Peggy Erwin and John Erwin. 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. 2006 -106 A by -law to amend By -law No. 79 -200, to permit a body -rub parlour to locate within the same building as a hotel. 2006 -107 A by -law to amend By -law 81 -274, being a by -law for establishing, maintaining and operating markets and for regulating such markets located within the City of Niagara Falls. A by -law to designate the property known as the John Ingles House, 6023 Culp Street, being PIN No. 64354 -0079 (LT) within the City of Niagara Falls, to be of cultural heritage value and interest. 2006 -109 A by -law to amend By -law No. 79 -200, to recognize the institutional use of land on the west side of Dorchester Road, north of Thorold Stone Road. A by -law to authorize the execution of an Agreement with The Niagara Catholic District School Board respecting the design and construction of a parking lot and roadway improvements to alleviate the traffic congestion in the vicinity of Father Hennepin Elementary School in the City of Niagara Falls. 2006 -111 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 26 day of June, 2006. ORDERED on the motion of Alderman Morocco, seconded by Alderman Volpatti that the by -laws be read a second and third time and passed. Carried Unanimously Gibbs Planning Report 9 June 26, 2006 Council Minutes NEW BUSINESS ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti to defer requesting a copy of the Gibbs report until after the executive summary is received and reviewed by staff. Motion Carried with Alderman Kerrio, loannoni and Wing opposed. Unite Here Canada ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni that staff investigate possible ways to trigger an independent review of record of site condition, at no cost to the City, for the former Cytec/ Cyanamid land. Motion Carried with Alderman Volpatti opposed. Traffic Lights at Thorold Stone ORDERED on the motion of Alderman Diodati, seconded by Alderman Morocco that staff review the signal timing of intersections and forward the findings to the Region for their review and reprogramming. Carried Unanimously Hwy 20 Stanley Avenue ORDERED on the motion of Alderman Diodati, seconded by Alderman Wing that Council refer to staff the beautification of Highway and that staff work with the Province regarding adopting a portion of the highway. Canada Day Carried Unanimously Alderman Diodati reminded the community to show their pride on Canada Day and display their Canadian flags. Weed Complaints The weed complaint process was outlined by staff. Motorized Scooters Alderman Volpatti outlined the input she has received. The City Clerk advised that the report would be brought to the next Council meeting. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni that the meeting be adjourned at 9:05 p.m. Carried Unanimously DEAN 10 I i A, CITY CLERK R.T. (TED) SALCI, MAYOR