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2007/04/30Niagara Falls Girls Soccer TENTH MEETING REGULAR COUNCIL MEETING Council met on Monday, April 30, 2007 at 7:00 p.m. for the purpose of considering Regulars Business matters. All members of Council were present. Councillor Diodati offered the Opening Prayer. Following the opening prayer, Heather Miller and Angela Crane from Westlane High School played the National Anthem. ADOPTION OF MINUTES ORDERED on the motion of Councillor Maves, seconded by Councillor Pietrangelo that the minutes of April 11, 2007 be approved as printed. Carried Unanimously ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the minutes of April 16, 2007 be approved as printed. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Kerrio declared a conflict of interest on the Heritage Designation for Pedestrian Deck deputation as he has property near the area in question. Councillor Thomson declared a conflict of interest ono the Heritage Designation for Pedestrian Deck deputation as he works with property near the area in question. Councillor Maves declared a conflict of interest on CD- 2007 -07 Creekstock regarding insurance issues, as that is his business. Councillor Wing declared a conflict of interest on CD- 2007 -07 Creekstock, as the Niagara Parks Commission is an approval agency and her spouse is employed by the Niagara Parks Commission. DEPUTATIONS/ PRESENTATIONS Council Chambers April 30, 2007 Dan Santin and Paul Preece from the Niagara Falls Girls Soccer Club made a presentation on girl's soccer. Their desired next phase is to develop the two large front fields, with an all weather turf, which would increase the playing season for soccer. In addition, a cheque in the amount of $75,000 was presented as part of the ongoing partnership contributions towards the Kalar Park "Home For Girls Soccer" Facility. ORDERED on the motion of Councillor Diodati, seconded by Councillor Wing refer to staff the proposal for artificial turf at the Girls Home for Soccer. Carried Unanimously YMCA Greg Shupe and Steve Butz from the YMCA made a presentation to Council on the YMCA facility, the programs and partnerships. A cheque was presented to the City in the amount of $450,000 as part of the ongoing partnership contribution toward the MacBain Community Centre. Multicultural Network of Niagara Falls Mrs. Claire Masswohl, Executive Director, made a presentation on the services offered to the newcomer population of Niagara Falls by the Multicultural Network. They are in their 11 year and are located at St. Paul Lutheran Church. Services include English as a Second Language classes, and workshops in computer training, legal assistance, housing and employment programs. She highlighted the Canadian Access for International Professionals and Skilled Trades program and promoted the upcoming golf tournament on May 27` at the Niagara Falls Golf Club. Heritage Designation for Pedestrian Deck Bernadette Secco made a presentation requesting Heritage Designation for the Pedestrian Observation Deck in Fallsview. The property is about 100 feet long and 85 feet wide to the narrow point at Loretto. Ms. Secco outlined the restrictive covenant that has been in place since 1963. She feels that it is one of the few areas above the escarpment with an unfettered view of the Falls. She feels that the deck should be preserved as a Cultural Heritage Landscape under the Ontario Heritage Act. ORDERED on the motion of Councillor Wing, seconded by Councillor Diodati to refer to the matter to the Municipal Heritage Committee with a report back from staff. Carried with Councillors Pietrangelo and Fisher opposed. Councillors Thomson and Kerrio declared a conflict. Proposed Application PLANNING ANALYSIS Official Plan 2 April 30, 2007 Council Minutes PLANNING MATTERS PD- 2007 -26- Chief Administrative Officer Zoning By -law Amendment AM- 40/2006, 4025 Dorchester Road (Monroe Plaza), Applicant: Curtis Gail Developments, Agent: Michael Allen, Proposed Expansion of Plaza Requested amendment is to change the R4 zoning and place the whole property under the Neighbourhood Commercial zone. Expand existing plaza to accommodate a coffee shop, including a drive through restaurant, and medical offices. Current zoning permits 15 unit Townhouse development The townhouse zoning was intended to provide a transition between existing plaza and single detached dwellings. Applicant is seeking to extend Neighbourhood Commercial zoning over the subject lands to permit the proposed expansion. Designated Minor Commercial Minor Commercial areas are to provide a range of small scale retail and commercial outlets to service surrounding residential areas. Minor rounding out is permitted to enhance commercial viability, circulation and landscaping. The proposed commercial expansion could be developed in a way to mitigate impacts by increased building setbacks and landscaping. Provincial Policy Statement Growth Plan PPS requires the City to achieve 40% of new residential growth within its existing built boundaries through intensification and redevelopment of existing sites or infilling by 2015. Retention of larger vacant parcels zoned for multiple residential development would assist the City in meeting its intensification targets. Loss of the 15 unit townhouse development is not considered to have a significant impact on the City's ability to meet the intensification targets. Zoning 3 April 30, 2007 Council Minutes Plaza is zoned NC -270, South portion of lands zoned R4 -271 which would permit a 15 unit townhouse development. The applicant revised the plan to locate the drive through lane 4.5m (15 ft) from the south property line. Planning staff recommend this setback be further increased so as to be 10m (33ft) from the south lot line to remove noise from speakers and emissions from car exhausts from residential properties. The 10m setback is the same as that proposed for a commercial plaza at McLeod and Kalar Rds. The applicant revised the plan to locate Building "C" 7.5m (25 ft) from the adjacent property lines. This is a similar setback to the existing townhouse development and should be landscaped to create an appropriate buffer between the residential lots and the commercial buildings. Concerns have been expressed about truck traffic on the plaza property and a possible increase in activity. The Region has indicated Thorold Stone Rd is to be rebuilt and the driveway on Thorold Stone Rd will be redesigned to right in /right out. This will control some of the activity. Maintaining the landscape strip will also serve as a buffer. Traffic and Parking Division has requested a Traffic Safety Audit for the driveway on Dorchester Rd. Ideally, this driveway would be located further south on the property. There are concerns traffic entering /exiting this site will affect the north bound left turn lane on Dorchester Rd. The amending zoning bylaw should include the setbacks outlined and landscaping requirements. Traffic and safety issues should be addressed through the Site Plan Agreement process. CONCLUSION The current zoning of the subject lands represents a good land use arrangement because existing residential areas are well separated from the commercial plaza and the townhouse block. As an alternative land use arrangement the proposed commercial plaza expansion can be supported, provided specific improvements are made to setbacks and landscaping. The commercial plaza proposal: meets the intent of the Minor Commercial policies in providing small scale commercial uses serving surrounding residences. represents a minor rounding out of the existing commercial node. in order to mitigate impacts on surrounding properties must provide a setback of the drive through facility from nearby residences of 10 m. (33 ft) adequate building setbacks and landscaping, similar to what would have been provided with the proposed townhouses. RECOMMENDATION That Council approve the Zoning Bylaw amendment application to permit a 964 sq. m. (10,380 sq. ft) expansion to the Monroe Plaza, subject to the improvements outlined in this report. Mr. Gerald Kenney, 6967 York Drive was present in opposition to the application. He felt even with 30 feet, the setback was not sufficient. The drive thru would cause excessive noise from the speaker box and there would be added exhaust fumes from vehicles waiting in line. Mr. Kenny feels the drive thru would add to the already traffic congestion at the intersection of Dorchester and Thorold Stone Road. Aesthetically, Mr. Kenny has concerns of the view from his rear property and has concerns of other uses the rezoning would allow at that location. 4 April 30, 2007 Council Minutes Italia Gilberti, was present on behalf of Mr. Sam DiCarlo, 4058 McKinnless Cres. Mr. DiCarlo is not opposed to the application but would rather see residential development on the lands. Mr. DiCarlo also has concerns of increased traffic on the subject lands, would like the privacy fence located on the westerly rear to be restored and would like to see parking spots to the westerly portion of property minimized. Mr. DiCarlo would like to work with the applicant during the Site Plan stage. Michael Allen, Agent for the application was present. Mr. Allen advised Council that changes have been made to the site plan of the development. They have met with the neighbours to address their concerns and believe they have made several changes that would hopefully satisfy them. To begin Mr. Allen advised that the proposed restaurant is a Williams Pub which is a family oriented restaurant and would only be open to about 10:00 or 11:00 p.m. The drive thru is not a key component of the restaurant but part of the standard design of the franchise. With respect to the privacy and setback the site is unique and noise has been taken into consideration a 6 8 foot board on board fence would be erected which would restrict noise and light. The restaurant will be barrier in itself for the residents. The location of the voice box has been relocated from the original drawing and there will be a canopy over it that will restrict noise. There is no delivery access to the rear of the building and speed bumps will be placed throughout the property. Mr. Allen said they would consider eliminating the parking spaces behind Mr. DiCarlo's house if the Planning Dept would allow the parking spaces on the Hydro lands to be included in the parking requirement count. The public meeting was closed. ORDERED on the motion of Councillor Diodati, seconded by Councillor Kerrio that Council approve the Zoning By -law Amendment application and that interested area residents be involved in Site Plan; that staff investigate a restricted covenant for the proposed restaurant drive thru facility; and that staff consider parking spots on the current leased Hydro property to count toward the plaza's parking requirements. Carried Unanimously CLERK'S MATTERS C- 2007 -07 Chief Administrative Officer Request for Letter of Support for Creekstock It is recommended that Council consider whether to provide a letter of support for Creekstock 2007, a wake boarding event planned for July 7th on the Welland River, subject to appropriate conditions. 1. The completion of a thorough operations plan, that is vetted with all appropriate agencies (Police, Fire, OPG, NPC). The operations plan should be completed to the satisfaction of the various agencies prior to any letter of support being sent; 2. Marine Liability Insurance, Vehicle Liability Insurance and Public Liability Insurance coverage suitable to all aspects of the event ought to be obtained and maintained in an amount of at least $5,000,000 per occurrence throughout the event, with the City named as additional insured. Proof of Insurance ought to be provided to the City in a form acceptable to the City Solicitor which holds the City harmless from any claim arising from any claim, liability, loss, etc. from the event; 3. All requisite permits, licences or approvals are applied for, obtained and proofs of such approvals are available on request during the event. Steve Diomin, organizer of the event, was present at the meeting. Mr. Diomin explained that the event was held last year to great success and that this year he wished to ensure that all appropriate approvals were applied for and received. He indicated that because of a speed restriction on the Welland River originally requested by Niagara Falls City Council, Transport Canada requires a letter of support from the City. He admitted that the Police had expressed concerns about the event. It was pointed out by staff that only the police have the legal authority to stop boaters. 5 April 30, 2007 Council Minutes ORDERED on the motion of Councillor Kerrio, seconded by Councillor Thomson that Council provide a letter of support for Creekstock 2007, a wake boarding event planned for July 7th on the Welland River, subject to appropriate insurance and that all requisite permits, licences or approvals are applied for, obtained and proof of such approvals are available on request during the event. Carried Councillor loannoni opposed. Councillors Wing and Maves declared a conflict. Trail. MAYOR'S REPORTS, ANNOUNCEMENT Mayor Salci acknowledged the passing of Stan Price, former City Manager, who worked for the City of Niagara Falls from 1953 to 1981. government. He outlined recent events: "Niagara Days" at the Legislature in Toronto, the City of Niagara Falls Employee Recognition Night was held on April 26 honouring retirees, long service employees and recipients of "Employee Excellence Awards the Misty Awards were held on April 26 with the Grand Misty Award going to Tony Zappitelli, and on April 28 members of the community gathered in front of City Hall to remember those who have died in workplace accidents. It was also a day to raise awareness of the responsibilities and rights of employees for safe working conditions. Congratulations to Mr. Clyde Carruthers on completing his hike of the entire Bruce Upcoming events: the Mayor's Youth Advisory Committee will be hosting the Battle of the Bands at the Optimist Club on May 3' Niagara Concerts will be having the final performance Friday May 4 for the season, on Saturday, May 5 Stamford Lions will be celebrating their 50 anniversary, the Park in the City committee will kick off its student event "Schools in Bloom" on May 9 at St. Paul High School and Stamford High School will be celebrating its 150 Anniversary and Reunion on Saturday, May 12th. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Board of Museums Request to Proclaim the month of May as "Museum Month RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that the communication be approved. Carried Unanimously 2, Active Living: Share Your Experience Request to Proclaim June as "Seniors' Month RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Maves that the communication be approved. Carried Unanimously 3. Live it Everyday Request to Proclaim June as "Recreation and Parks Month RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the communication be approved. Carried Unanimously 6 April 30, 2007 Council Minutes 4. OUTniagara Request to raise the Rainbow Hag above the City of Niagara Falls for the month of June. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the communication be approved. Carried Unanimously 5. Gyro Club of St. Catharines Request to Proclaim June 4 to 10 as "Gyro International Week" and request a flag raising. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the communication be approved. Carried Unanimously 6. The City of Welland Request to support the initiative to develop Inter municipal transit for Niagara. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Wing, seconded by Councillor Thomson that the communication be approved. Carried Unanimously REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Councillor loannoni seconded by Councillor Pietrangelo that the recommendations from the Community Services Committee, on April 30, 2007 be approved. 1) The minutes of the April 16, 2007 meetings be approved. Carried Unanimously 2) Report BBS- 2007 -06 be deferred for two weeks to allow staff to poll the residents affected by the sign illumination. 3) That the parking restrictions be implemented on Mechanic Street as in report MW- 2007-23 and that the restrictions on the east side of Keller Street be implemented from 8:00 a.m. to 2:00 p.m. 4) That a residential Convenience Pass for On- Street Two hour parking at Parking Meters /Machines be referred back to staff for further information on the financial implications. 5) That City Council reaffirm the use of The Drainage Act to secure access and resolve drainage issues in the City's rural area, and further that, a public meeting be held with landowners. 6) That staff prepare a report on the Condominium Act. 7) That staff prepare a report responding to the correspondence on George Bukator Park and that staff consider naming a park in Chippawa after the former Mayor of Niagara Falls and Reeve of Chippawa. RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the recommendation from the Corporate Services Committee, on April 23, 2007 be approved. Carried Unanimously 1. That the minutes of the March 19` meeting be adopted as recorded. 2. That the following 2007 funding requests be referred to final budget deliberations: Child Advocacy Centre Niagara Board of Museums Niagara Military Museum Women's Place of South Niagara GNGH Foundation Niagara Falls Public Library 7 April 30, 2007 Council Minutes 3. That the funding requests from Niagara Falls Tourism and Winter Festival of Lights be referred to final budget deliberations; further, that the City assist both agencies by placing a banner ad on the City website. 4. That the correspondence from the United Way of Niagara Falls be received for information. 5. That the request for an ornamental fence between 5067 Victoria Avenue and the Armoury property be referred to staff to advise the requester that additional quotes be obtained and that consideration be given to an aluminum ornamental fence as compared to the more costly cast iron. 5. That the departmental presentations on the 2007 Budget be received for information. 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. CD- 2007 -09 Animal Control Services It is recommended for the information of Council. F- 2007 -15 Major Receivables Report It is recommended for the information of Council. IS- 2007 -02 MPAC Agreement It is recommended that the City of Niagara Falls enter into a data Licence Agreement with the Municipal Property Assessment Corporation (MPAC); and that the Mayor and Clerk be authorized to sign the agreement. MW- 2007 -41 Tender #2007 -08 Surface Treatment It is recommended that the unit prices submitted by the lowest tenderer Norjohn Contracting be accepted and; that pre approval be granted for the contract amount from the 2007 Capital Budge and; that the Mayor and City Clerk be authorized to execute the necessary agreement. R- 2007 -08 2007 Special Events Agreement It is recommended that the Mayor and Clerk be authorized by Council to sign all agreements related to the various events being held at the Niagara Falls Memorial Arena in 2007. 8 April 30, 2007 Council Minutes ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the reports be approved. Carried Unanimously BY LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that the by -laws be given a first reading. Carried with Councillors loannoni and Wing were opposed to By -law 2007 -86 and Councillors Diodati, loannoni and Wing opposed to By -law 2007 -91. 2007 -85 A by -law to authorize the execution of an Agreement with Shrine Circus /Xentel D.M. Incorporated respecting the use of the Niagara Falls Arena for a one day circus event 2007 -86 A by -law to authorize the execution of a Development with Grand Niagara Resorts Inc. respecting Grassy Brook Road subject to all conditions of the Agreement being met to the satisfaction of the Director of Planning and Development 2007 -87 A by -law to authorize the execution of an Agreement with Queensway Free Methodist Church respecting the Adopt -A- Street public service program for volunteers 2007 -88 A by -law to amend By -law No. 80 -114, being a by -law to designate private roadways as fire routes along which no parking of vehicles shall be permitted 2007 -89 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Corwin Ave) 2007 -90 A by -law to amend By -law No. 79 -200, to permit the development of a residential plan of subdivision on the east side of Garner Road, south of Lundy's Lane and on the north side of the hydro corridor (AM- 25/06) 2007 -91 A by -law to amend By -law No. 79 -200, to permit a waste disposal site, landfill for non hazardous solid waste (AM- 44/06) 2007 -92 A by -law to amend By -law 2007 -37, a by -law to provide for citizen appointments to certain Boards, Commissions and Committees 2007 -93 A by -law to delegate to the Regional Municipality of Niagara the power to prohibit or regulate the harvesting, destruction or injuring of a significant tree on private lands within the City of Niagara Falls 2007 -94 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 30 day of April, 2007 ORDERED. on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that the by -laws be read a second and third time and passed. Carried with Councillors loannoni and Wing were opposed to By -law 2007 -86 and Councillors Diodati, loannoni and Wing were opposed to By -law 2007 -91. Unlicensed Bed Breakfast Inspections NEW BUSINESS ORDERED on the motion of Councillor Wing, seconded by Councillor Kerrio that staff investigate unlicensed bed breakfasts. Carried Unanimously 9 Historical Drummondville /Main Ferry CIP ORDERED on the motion of Councillor Wing, seconded by Councillor Maves that staff report back on the CIP provisions partially relieving B B's of development charges and the possibility of the boundaries being extended. Council Review Meetings April 30, 2007 Council Minutes Carried Unanimously A.N. Myer 50 Anniversary Councillor Diodati expressed thanks to the volunteers and organizing committee. Local Casino and City Partnership ORDERED on the motion of Councillor Diodati, seconded by Councillor loannoni that a meeting be set up between His Worship Mayor Ted Salci, John MacDonald, Chief Administrative Officer, City of Niagara Falls, Kim Craitor, M.P.P., Niagara Falls, the Honourable David Caplan, Minister of Public Infrastructure Renewal and Art Frank, President, Niagara Casinos to discuss the importance of the symbiotic relationship between the Casinos and the local community. Carried Unanimously Councillor Thomson thanked staff for providing the dates for the Council Review meetings. ORDERED on the motion of Councillor Wing, seconded by Councillor Maves that the meeting be adjourned at 9:40 p.m. 1. MINUTES: 2. 2007 BUDGET PRESENTATION: 3, ADJOURNMENT: A, 5ITY CLERK DEAN IOR RATIFICATION OF CORPORATE SERVICES COMMITTEE Carried Unanimously MOVED by Councillor Maves, seconded by Councillor Kerrio, that the minutes of the April 23, 2007 meeting be adopted as recorded. Motion Carried Unanimously The Chief Administrative Officer provided an update on the status of the 2007 General Purposes Budget. A staff review has recommended reductions in the amount of $761,965. MOVED by Mayor Salci, seconded by Councillor Maves, that the meeting be adjourned at 9:50 p.m. Motion Carried Unanimously R.T. (TED) SALCI, MAYOR