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2007/11/26Council met on Monday, November 26, 2007 at 4:00 p.m. in an In Camera Session. All members of Council were present. Councillor Fisher presided as Chairman. Following consideration of the items presented, the In Camera Session did rise and report in open session. TWENTY -FIFTH MEETING IN CAMERA MEETING DEAN IORF DA, ITY CLERK R.T. (TED) SALCI, MAYOR REGULAR COUNCIL MEETING Council met on Monday, November 26, 2007 at 7:00 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Councillor loannoni offered the Opening Prayer. ADOPTION OF MINUTES Committee Room 2 November 26, 2007 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the minutes of November 12, 2007 be approved. Carried Unanimously Following the Opening Prayer, Spencer Cappellazzo sang the National Anthem. DISCLOSURES OF PECUNIARY INTEREST Councillor Kerrio indicated a conflict with an In Camera report, L- 2007 -53 Development Charges Appeal. Councillor Thomson indicated a conflict with an In Camera report, L- 2007 -53 Development Charges Appeal. Councillor Wing indicated a conflict on report CD- 2007 -19 and By -law 2007 -174, as it affects NPC lands, as her spouse is an employee of the Niagara Parks Commission. Councillor loannoni indicated a conflict with an In Camera report, L- 2007 -53 Development Charges Appeal and cheque 314532, payable to her husband, from the November 12, 2007 agenda, for which she was absent. Partners for Life Program Canadian Blood Services Heart and Stroke Foundation 2 November 26, 2007 Council Minutes DEPUTATIONS /PRESENTATIONS Bill Matson, Records Election Coordinator and Judy Compton, Director of Canadian Blood Services provided Council with a brief overview of the Partners for Life Program. They informed Council that are already 18 City employees have signed up to give blood over the coming year. Anyone wanting to donate can call 1- 888 -2- donate. Ms. Compton presented the Mayor and Council with a certificate of membership for the City's support and participation over the years. Diana Continenza provided Council with an update on the Heart and Stroke foundation and some of the current projects, she advised that the foundation is looking for donors to help fund the purchase of defibrilator's to be placed in various public places. Ms. Continenza indicated that the Foundation is always looking for more volunteers, anyone interested can visit www.heartandstroke.ca or call 905 938 -8800. ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that there be a flag raising and that February be proclaimed as "Heart Month" in the City of Niagara Falls. Carried Unanimously Arena Complex Capital Campaign Background PARKS, RECREATION CULTURE MATTERS R- 2007 -34 -Chief Administrative Officer New 4 -Pad Arena Complex Capital Campaign. It is recommended that (1) Council receive the report for information; (2) That Council approve the schedule of naming opportunities and term payments for the naming rights of the capital fundraising campaign as per Option 2; (3) That naming of the arena building be approved by Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati that the report be approved as recommended. Carried Unanimously Don Jackson, Chair, Recreation committee was pleased to reaffirm the committee's support for the new 4 -pad arena complex. The committee strongly believes that this new arena will make Niagara Falls the envy of other communities. Mick Wolfe, Chair of the Arena Community Fundraising Campaign advised Council that the Great Seat Sale brochures and pledge forms have been placed in various locations throughout the community. The committee's goal is to be the first arena to have every seat sponsored. The "In the Pink" chair initiative, in which $50 benefits the Greater Niagara General Hospital Foundation, was outlined. PLANNING MATTERS PD- 2007 -94 Chief Administrative Officer AM- 26/2007, Zoning By -law Amendment Application, Adjust Zoning Boundary to Reflect Proposed Lot Lines and Recognize Recent Variances, 5205 Fourth Avenue and 5138 Rosedale Drive. Applicant: Harold and Elma Barnes The applicant has requested an amendment to the zoning bylaw for the lands known as 5205 Fourth Avenue and 5138 Rosedale Drive. 3 November 26, 2007 Council Minutes The land at 5205 Fourth Ave is zoned Residential Single Family and Two Family with a site specific provision to permit a dwelling and martial arts studio. A portion of the land at 5205 Fourth Ave has recently been approved to be severed and merged with 5138 Rosedale Drive. A new site specific R2 -678 zone is proposed to be applied to the remaining portion of 5205 Fourth Ave and a standard R2 zone is proposed for 5138 Rosedale Drive. PLANNING ANALYSIS Official Plan Designated Residential Predominant land use in Residential designation is single detached dwellings. Ancillary uses are permitted where they are compatible with the residential environment. Zoning, Zoned Residential Single Family and Two Family with the property on Fourth Avenue having a site specific provision to permit a dwelling and martial arts studio. The owner of 5205 Fourth Avenue recently received approval from the Committee of Adjustment to sever approximately 87 sq m (931.10 sq ft) of the property and merge it with 5138 Rosedale Dr. The severed portion has been maintained as part of 5138 Rosedale Dr. for a number of years. The lot addition will allow the Rosedale Dr. property to have a regular configuration. The amendment will adjust the zone boundaries between the properties and is housekeeping in nature. The portion of Fourth Ave to be severed needs to be changed to the same R2 zone as the Rosedale Dr. property. No change in use or standards will occur. Conclusion The Zoning bylaw amendment application can be supported for the following reasons: The Official Plan encourages residential development which is compatible with the neighborhood. The proposed Zoning bylaw amendment will have no adverse impact on the surrounding neighborhood. The requested Zoning bylaw amendment will reflect the approved property boundaries. Recommendation That Council approve the Zoning bylaw amendment application to adjust the zone boundaries (R2 -678 R2) between 5205 Fourth Avenue and 5138 Rosedale Drive to reflect a recently approved severance (B41/2007/NF) and to recognize previously granted variances (A- 29/2005). Anne Ellis, representing her parents Harold and Elma Barnes, indicated that her parents have been maintaining the property for approximately 50 years. The approval of the amendment will improve the value of their property and will not have an adverse impact on the surrounding neighborhood. Mayor Salci advised that the Public Meeting was now closed. ORDERED on the motion of Councillor Diodati, seconded by Councillor Thomson that the report be approved as recommended. Carried Unanimously 4 November 26, 2007 Council Minutes PD- 2007 -96 Chief Administrative Officer Proposed Cultural Heritage Policies Official Plan Amendment No. 74 Basis Changes have been made to the Ontario Heritage Act and Provincial Policy Statements (PPS) for better protection of heritage resources. Municipal policy must be consistent with Provincial legislation. The current policies have not been updated since 1991. Background The purpose of the amendment is to update the City's Heritage policies in response to changes to Provincial legislation and to be consistent with the upper level of government. An open house was held on October 24, 2007 and public notice gave the public the opportunity to review and provide comments. Details The Provincial Policy Statement requires that significant built heritage resources and cultural heritage landscapes be conserved and protected from adjacent developments. The following policies were updated: Municipal Heritage Committee Council has the option to refer any heritage matter to the Municipal Heritage Committee Heritage Inventory The City will maintain a register of heritage properties Designating Criteria Updated criteria for evaluation, assessment conservation of lands or districts for future designation New criteria for evaluation, assessment conservation of Cultural Heritage Landscapes Heritage District Study Area and Plan To require a heritage study area be established by bylaw To require that a heritage conservation plan be prepared for a heritage district Council has the power to prohibit building erection or demolition in areas being studied as a heritage conservation district. Archaeological Sites The use of the map of potential archaeological sites within the Niagara Falls Heritage Master Plan for the identification of sites that require archaeological assessments. Plans and Guidelines The City may develop Plans and Guidelines to help identify and preserve heritage resources. Heritage Impact Assessments Heritage impact assessments to determine the impact of new development adjacent to heritage resources and proper mitigation of impacts City Owned Heritage Properties Updating of the policies which allow the municipality to prepare guidelines for the conservation, maintenance and restoration of municipal heritage properties Future Study Areas A list of future areas from the Heritage Master Plan is included as an Appendix; it does not form part of the Official Plan New Policies 5 November 26, 2007 Council Minutes Alternative Protection New policies to allow the City the option to use the property standards bylaw to address heritage properties, specifically. To permit the City to use alternative measures to designation such as site specific zoning or conservation easements. New definitions Introduction of new definitions for the purpose of interpretation Conclusion Amendment 74 incorporates the changes made at the Provincial level and reflects the action plan objectives of the City's Heritage Master Plan. Due to the number of text insertions, the Heritage Resources section has been rewritten in its entirety for administrative ease. Recommendation It is recommended that Council adopt Official Plan Amendment No. 74 containing Cultural Heritage policies and that they be forwarded to the Region for approval. Mayor Salci advised that the Public Meeting was now closed. ORDERED on the motion of Councillor Wing, seconded by Councillor Ioannoni that the report be approved as recommended. Carried Unanimously No. 31 FISHER KERRIO that the Council of the Corporation of the City of Niagara Falls hereby determines, in accordance with Section 51(47) of the Planning Act, R.S.O. 1990, that the change to the conditions for approval for the Warren Woods Draft Plan of Subdivision do not require any further notice. PD- 2007 -103 Chief Administrative Officer 26T -96001 (Revised) 26T -11- 2006 -02 (Revised) Warren Woods Draft Plan of Subdivision Kalar Road (West Side) /South of McLeod Road Owner: Warren Woods Land Corporation 617567 NB Inc. (Jim Ruscica) Change to Draft Plan Conditions OMB Appeal Settlement It is recommended that Council change the conditions to draft plan approval for the subdivision by deleting Condition #10 (lot reserved for potential road connection to the south) and by including the additional condition detailed in this report (Cytec notice clause); that Council direct staff to formally consult with Cytec in the drafting of the future amending zoning by- law for the subdivision (related file AM- 42/2006); and That Council determine by resolution that the change to conditions is minor and no further written notice is required. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Diodati that the report be approved as recommended. Carried Unanimously 6 November 26, 2007 Council Minutes MAYOR'S REPORTS, ANNOUNCEMENT Mayor Salci offered condolences to the family of Jessica Ruddell, a city employee and Barney Ruddell, a retired city employee for the loss of their niece /granddaughter. Mayor Salci advised of some recent events: Tom Vicary, a city employee, retired after 30 years with the City, Councillor Kerrio made a generous donation to the Nova House and Hope Furniture Bank, Optimist Club hosed their Youth Appreciation Awards, Alzheimer's Coffee Break was hosted by the City at the Service Centre, the Final 2007 United Way luncheon was held with Casino Niagara contributing $300,000 to the campaign, Ontario Secondary School's Business Plan Competition awards were held and the Niagara Men's Chorus held it's 20 Anniversary. Mayor Salci advised of some upcoming events: "Angels Everywhere" being held Nov. 27 at the Niagara Falls Public Library, the Free Community pancake breakfast on Dec. 8 at St. Patrick's Hall from 9 a.m.- noon and Winter Festival of Lights Cheerleading Competition is being held this weekend. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 Action Niagara requesting municipal sponsorship for the upcoming Action Niagara Conference: "The Rise of the Creative Class slated for Niagara Falls in January 2008. RECOMMENDATION: For the consideration of Council. ORDERED on the motion of Councillor Diodati, seconded by Councillor loannoni that the seminar be covered for Councillors interested in attending. Carried Unanimously REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS ORDERED on the motion of Councillor loannoni, seconded by Councillor Fisher that the recommendations from the Community Services Committee be approved as recommended. Carried Unanimously 1) The minutes of the November 12, 2007 meeting be deferred. 2) That the Environmental Study Report, for the Railway Grade Separation Municipal Class Environmental Assessment (EA), be received and approved and; 3) That staff be directed to file the Environmental Study Report and advertise the Notice of Study completion with the implementation of the capital works in accordance with the requirements of the EA process. 4) That the required public meeting under the Planning Act be initiated for the rezoning of A.G. Bridge Park from Residential (R1C) to Open Space (OS) to allow the proposed new Boys Girls Club at this site. 5) That report TS- 2007 -11 be received for the information of City Council 6) That the installation of the proposed new stop signs at Woodbine Street and Baldwin Avenue, and at Woodbine Street and Belfast Avenue be reaffirmed. 7) Staff prepare a report on the use of a Deputy Mayor for the City. 7 November 26, 2007 Council Minutes RATIFICATION OF IN CAMERA" RECOMMENDATIONS ORDERED on the motion of Councillor Wing, seconded by Councillor Maves: 1) That Council reconfirm Legal Counsel defending the Corporation against the Development Charges appeal at the Ontario Municipal Board. with Councillors Thomson, Kerrio and loannoni declaring a conflict Carried Unanimously 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 -18 2008 Council Schedule It is recommended that City Council approve the 2008 Council Schedule. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Diodati that the proposed meeting of March 3 be moved to February 25 2008. Carried Unanimously ORDERED on the motion of Councillor Kerrio, seconded by Councillor Thomson that the months of June and July 2008 be changed to have one Council meeting. Motion defeated with Councillor Wing, loannoni, Diodati, Pietrangelo and Mayor Salci opposed. F- 2007 -42 Major Receivables Third Quarter Report It is recommended for the information of Council MW- 2007 -129 Contract 2007 177 -06 Garner Southwest Sanitary Service Area and Pump Station It is recommended that Council engages the services of Associated Engineering to provide inspection services for the construction of the Garner Southwest Pumping Station and Forcemain Project at an upset limit of 254,256.00 (excl. GST) to be funded in full from the Development Charges Reserve Fund and that Council authorizes the additional funds be added to the existing contract for the design of the Pumping Station MW- 2007 -130 Contract 2007 177 -06 Garner Southwest Pumping Station and Forcemain It is recommended that the unit prices submitted by the lowest tenderer Gibbons Contracting Ltd. be accepted and; that approval be granted for the contract amount from the 2007 2008 Capital Budget and; that the Mayor and City Clerk be authorized to execute the necessary agreement. R- 2007 -35 Naming and Renaming Parks Policy: Committee Responsibility It is recommended that the committee responsible for the evaluation of submissions and in making a recommendation to Council regarding Naming Renaming Parks Policy (1000.32) be changed from the Park In The City Committee to the Recreation Committee. TS- 2007 -13 Transit Request from CAW for Christmas Community Dinner It is recommended that a grant, in the cost amount outlined in this Report, be approved for the supply of charter service for this initiative. TS- 2007 -14 Transit Request for Winter Lights Competition It is recommended that a grant, in the cost amount outlined in the report, be approved for the supply of transit service for this initiative. Motion Carried with Councillor Wing declaring a conflict 2007 -242 2007 243 8 November 26, 2007 Council Minutes TS- 2007 -15 Transit Request for Reduced Student Fare It is recommended that the reduced student fare of 25 cents per ride be approved for the 2007 Christmas and 2008 March school breaks. TS- 2007 -17 Transit Request for Project Share Christmas Basket Program It is recommended that a grant, in the amount outlined in the report, be approved for the supply of transit service to support this initiative. TS- 2007 -16 Downtown BIA Request for 2 -hour Free Parking only at On- Street Parking Meters and On- Street Pay Display During the Month of December It is recommended that 2- hour parking, only at on- street parking meters and on- street pay and display machines, in the Downtown Core, during the month of December, be approved. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the reports on the Consent Agenda be approved as recommended. Carried Unanimously DRAINAGE MATTERS CD- 2007 -19 Chief Administrative Officer Union Marsh Drainage By -law. It is recommended that Council approve and give third reading to By -law 2007 -174 (Union Marsh Municipal Drain By -law). ORDERED on the motion of Councillor Fisher, seconded by Councillor Pietrangelo that the report be approved as recommended and that the Union Marsh Drainage By -law be given a third reading. 2007 -174 A by -law to provide drainage works in the City of Niagara Falls, in the Regional Municipality of Niagara. PROPERTY MATTERS L- 2007 -52 Chief Administrative Officer Declare Surplus and Convey Laneway between Dyson Avenue and Muir Avenue. It is recommended that a laneway located between Muir Avenue and Dyson Street to the east and west, and Leader Lane and Ferguson Street to the north and south "subject lands and shown hatched on Attachement "1", be declared surplus and conveyed to the abutting landowners, for nominal consideration. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the report be approved as recommended. Carried Unanimously BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be given a first reading. Carried Unanimously A by -law to declare Lane, Plan 997 Town of Niagara Falls lying between Swinyard Street and Muir Street and Leader Lane and Ferguson Street, in the City of Niagara Falls, in the Regional Municipality of Niagara, surplus. A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. (OPA No. 74) 9 November 26, 2007 Council Minutes 2007 -244 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Cherrywood Road) 2007 -245 A by -law to establish Part 2 on Reference Plan 59R -13486 as a public highway, to be known as and to form part of McLeod Road. 2007 -246 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. 2007 -247 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 26 day of November, 2007 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the by -laws be read a second and third time and passed. Carried Unanimously Destination Status with China NEW BUSINESS ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that a letter be sent to Prime Minister Stephen Harper urging him to revive negotiations for approved destination status with China; and that a committee be formed to lobby for this to happen. Carried Unanimously 2008 Budget December 10 there will be a Corporate Services meeting. The budget binders were available for pick up after the Council meeting. Sleep Cheap Councillor Diodati advised that the Sleep Cheap rooms begins tonight. The fundraiser was a great success with approximately 500 rooms left. Anyone wanting additional information can visit the City's website, www.niagarafalls.ca. Council Wages ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the matter of salary increase be referred to budget deliberations and that staff bring back wage comparisons of like -sized municipalities. Carried Unanimously ORDERED on the motion of Councillor Maves, seconded by Councillor Pietrangelo that the meeting be adjourned at 8:35 p.m. Carried Unanimously DEAN IORPIDA, CITY CLERK C R.T. (TED) SALCI, MAYOR