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2008/09/22SEVENTEENTH MEETING REGULAR COUNCIL MEETING Council Chambers September 22, 2008 Council met on Monday, September 22, 2008 at 7:00 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Councillor Diodati offered the Opening Prayer. ADOPTION OF MINUTES Councillor Wing indicated that it is the Stamford Green Trustees, not the Friends of Stamford Green, that provide comment on use of the Stamford Green. ORDERED on the motion of Councillor Mayes, seconded by Councillor Fisher that the minutes of September 8, 2008 be approved as amended. Background DISCLOSURES OF PECUNIARY INTEREST Councillor Wing indicated a conflict to a Communication pertaining to the Board of Museums, as her husband is employed by the Museums and also on the Community Services minutes under New Business, the upcoming Federal /Provincial funding programs (Museums). * DEPUTATIONS /PRESENTATIONS Arts & Culture Committee Karen (Akula) Fraser addressed Council about Artober, the Community Art Challenge, and Art Fest, which is an opportunity to show residents and guests of Niagara Falls how the arts contribute to our community. Also, the Wall of Fame Induction Ceremony will take place on November 1s at 11:00 a.m. PLANNING MATTERS Carried Unanimously PD- 2008 -83 - 26T -11- 2008 -01 (Revised) & AM- 2008 -008, Deerfield Estates Phase 8 Draft Plan of Subdivision, Zoning By-law Amendment Application, Kalar Road ( West Side), South of Lundy's Lane, Owner: River Realty Development (1976) Inc. ( Stewart Bra nscom be) The Director of Planning and Development reviewed the recommendations and provided the following information: A public meeting was held on May 26, 2008 to consider the subdivision design. The initial submission included 13 lots for semi - detached dwellings which has since been eliminated in favour of 28 narrow frontage single lots included in the 63 single detached units. SUBDIVISION DESIGN Zoning The subject land is zoned Development Holding (DH). The applicant is requesting a zoning change to: - 2 - September 22, 2008 Council Minutes Planning Analysis PROVINCIAL POLICY STATEMENT & GROWTH PLAN The application is consistent with the PPS and the Growth Plan. OFFICIAL PLAN & GARNER NEIGHBOURHOOD SECONDARY PLAN The subject land is designated Residential which permits a variety of housing forms to meet the needs of all residents. The multiple residential site satisfies location criteria being on an arterial road (Kalar Rd) which is also a transit route, close to schools, parks and commercial areas. The Garner Neighbourhood Secondary Plan specifies a housing mix of 70% single /semi- detached units and 30% multiple residential units. The subject plan has a housing mix of 70% single /semi- detached and 21% multiple (townhouse) which is below the targets in the Secondary Plan, however, a distribution of 50% single /semi and 41% multiple residential can be achieved if the apartment is developed. Due to the small size of the subdivision, the mix of housing types is acceptable especially if the multiple residential block develops with an apartment building. The design of the subdivision continues the Parkside Rd and Kelsey Cr established in the subdivision to the south and provides street linkages to the north. A widening is provided to accommodate planned Kalar Rd. improvements. A temporary turnaround on the east branch of Kelsey Cr. is required until the development to the north occurs. Parkland requirements were addressed through the original Deerfield subdivision. • Residential Single Family 1E Density (R1 E) zone for 35 single detached lots having a minimum lot area of 370 sq m and frontage of 12 m. Site specific Residential Single Family and Two Family (R2) zone for single - detached lots, having a minimum lot area of 300 sq m and frontage of 9.15 m • Site specific Residential Apartment 5B Density (R5B) zone for the block on Kalar Rd would allow either 17 townhouses or 43 apartments. • Special Provisions include: • a height 12.5 m (41 ft) for the apartment building to accommodate a pitched roof design, which would be in character with other apartment projects in the area. • lot coverage of 40% for the townhouses. • Staff do not support a building setback of 4.5m (14.8 ft) from Kalar Rd, but recommend the standard 6 m (19.7 ft) to promote a more consistent streetscape. Conclusion The Deerfield Estates Phase 8 Draft Plan of Subdivision is an appropriate development of the site. The application is consistent with the Provincial Policy Statement and the Growth Plan and complies with the policies of the Official Plan and Garner Neighbourhood Secondary Plan. The recommended Zoning By -law amendment will provide suitable regulations for the construction of the dwellings. Recommendation - 3 - September 22, 2008 Council Minutes That the Deerfield Estates Phase 8 Plan of Subdivision be draft approved subject to the conditions in the appendix of the Report. That 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. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. That the application to amend the Zoning By -law be approved as detailed in the report to provide the necessary land use regulations to guide the development of the subdivision. Don Johnson, 5720 Temperance Avenue, questioned whether any development these days has sufficient parking. John Mestek, River Realty, advised that he agrees with the staff report and recommendations and asks that Council approve the report. Mr. Mestek indicated that they will look into the replacement of dead trees in the Garner subdivision. The Public Meeting was now Closed. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the report be approved as recommended. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci expressed condolences to the family of Vincent Armstrong, a retired Platoon Chief for the City of Niagara Falls Fire Department, who recently passed away. Mayor Salci reminded Council and the Public that Dr. Jack Kitts and his review team will be holding an open, public meeting in our City on Friday, October 3' at 8:00 p.m. The meeting will be held at Kingston College on Epworth Circle. Mayor Salci advised that he was invited by M.P.P. Greg Sorbara, Chair of Ontario's Tourism Competitiveness Study, to share ideas and information about Ontario's Tourism directives. He supported the presentation by Niagara Falls Tourism and the sentiments of stakeholders on our community. Mayor Salci advised of some recent events: the Third Annual Canada- US Brownfield Summit , the annual Terry Fox Run, the Alzheimer Lunch Break at Civic Square, the official opening of Keighan Park on Beaverton Boulevard and the opening of the Artificial Turf Field at the Girls Home for Soccer. The "2008 Without Borders - Our Turn to Pray" event began with the launch of the 3 annual Week of Prayer. Brief discussion took place regarding the Niagara Health System, Hospital Improvement Plan. - 4 - September 22, 2008 Council Minutes ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that Council support the committee placing an ad in the paper and having a poster created to distribute throughout the City advertising the October 3 meeting. Carried Unanimously COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Canadian Cancer Society - Request that the month of October be declared as "Breast Cancer Awareness Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Fisher, seconded by Councillor Mayes that the communication be approved as recommended. Carried Unanimously 2. Fire Services - Request that the week of October 5 - 11, 2008 be proclaimed as " Fire Prevention Week" and that October 11, 2008 be designated as " Fire Service Recognition Day ". RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the communication be approved as recommended. 3. BOOST Child Abuse Prevention & Intervention - Request that the month of October be proclaimed as "Child Abuse & Neglect Prevention Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Pietrangelo seconded by Councillor Diodati that the communication be approved as recommended. Lundy's Lane Battlefield Legacy Project - Correspondence from Gord West, Chairperson, Niagara Falls Board of Museums. RECOMMENDATION: Refer to staff with Councillor Wing declaring a conflict Carried Unanimously Carried Unanimously ORDERED on the motion of Councillor kerrio, seconded by Councillor Pietrangelo that the communication be approved as recommended. Carried Unanimously 5. Town of Fort Erie Resolutions related to the Niagara Health System Hospital Improvement Plan. RECOMMENDATION: For the Information of Council ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati that the communication be received and filed. Carried Unanimously 6. Celebrate Old Downtown - Request to declare the upcoming Queen Street Art Saturdays as a Community Festival to obtain A Special Occasion Liquor Licence. -and - Related Resolution RECOMMENDATION: For the approval of Council ORDERED on the motion of Councillor Thomson, seconded by Councillor Diodati that the communication be approved as recommended and that a letter of congratulations be sent to Celebrate Old Downtown. Carried Unanimously 7. Canadian Niagara Hotels - Communication expressing interest in the Niagara Falls Memorial Arena Property. RECOMMENDATION: Refer to staff - 5 - September 22, 2008 Council Minutes ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the communication be referred to Staff. REPORTS PD- 2008 -84 - Sidewalk Cafe Licence Agreement, Country Chalet Restaurant, 6526 Main Street. The report recommends that the Mayor and the City Clerk be authorized to execute a Sidewalk Cafe Licence Agreement, with Rick Dritsacos to permit the operation of a sidewalk cafe over a portion of the City sidewalk in front to the Country Chalet Restaurant located at 6526 Main Street. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the report be approved as recommended. Carried Unanimously Carried Unanimously RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati that the actions taken in Community Services Committee, on September 22, 2008 be approved. Carried Unanimously 1. The minutes of the September 8, 2008 meeting be approved. 2. CAO- 2008 -04 1. That the recommended changes to the operation of the Water/Wastewater section, as set out in this Service Delivery Report, be approved. 2. That staff be authorized to move forward with implementation. MW-2008-57 City of Niagara Falls Rail Line Ad Hoc Committee Terms of Reference 1. That the terms of reference be amended, to allow up to 3 citizens, and approved; and 2. That Mr. Red Iseppon be appointed as one of the citizen representatives; and 3. That Councillor Thomson be appointed as the Council representative. 4. MW- 2008 -46 2008 Loose Leaf Collection - 6 - September 22, 2008 Council Minutes 1. That Council receive this report for information, and 2. That Council direct staff to investigate the delivery of this program. Revisions to Contract 2008 - 205 -08 2008 New Sidewalk Program 1. That staff be directed to proceed with the proposed modifications as stated in the report. That the unit prices submitted by Sacco Construction Ltd. be accepted and ratified at the Council meeting later this evening. 3. That the Mayor and City Clerk be authorized to execute the necessary agreement. 6. TS- 2008 -48 Feasability of Reopening Main Street Environmental Assessment For the information of Committee and inclusion in the 2009 budget. 7. That staff report back on possible priority projects for upcoming Federal/ Provincial funding programs. 8. That staff report on the replacement of trees in the Garner subdivision. RATIFICATION OF HUMAN RESOURCES COMMITTEE MATTERS ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that the actions taken at the Human Resources Committee Meeting on September 22, 2008 be approved. 1. That the Draft Request for Proposal (RFP) for the Chief Administrative Officer Vacancy be approved subject to the following amendments: 2. That Section 3(8) be corrected to read February 27, 2009, in reference to the desired date for filling the position; and 3. That under Section 3(9) that the words "within the 6 month probationary period" be added, in reference to the time period for the "quality" guarantee and candidate replacement; and 4. That under Section 5 that it be indicated that the Director of Human Resources will screen the firms and bring back recommendations to interview three (3) search firms to the HR Committee meeting. Carried Unanimously - 7 - September 22, 2008 Council Minutes 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. IS- 2008 -02 - Data Storage Purchase. It is recommended that Council approve the purchase of additional storage from Dell Canada for date and disaster recovery in the amount of $ 134,079.04 plus applicable taxes and shipping. HR- 2008 -04 - Update on Workplace Health & Safety Initiative. It is recommended that Council support staff's efforts to partner with National Quality Institute on the implementation of it's Healthy Workplace Framework and Progressive Excellence Program. MW- 2008 -55 - Double Application of Fibre Mat on Various Streets. It is recommended that the unit prices submitted by Norjohn Contracting and Paving Limited be accepted for the Double Application of Fibre Mat on Various Streets; and That the Mayor and City Clerk be authorized to execute the necessary agreement. MW- 2008 -56 - Windermere Road Sidewalk and Parking Lot Improvements at St. Paul High School. It is recommended that the unit prices submitted by Alfidome Construction Ltd. be accepted; and that the Mayor and City Clerk be authorized to execute the necessary agreement. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that the reports on the consent agenda be approved as recommended. Carried Unanimously F- 2008 -38 - 2009 Budget Schedule. It is recommended for the information of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes that the report be approved as recommended. Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that staff bring back a report on possible allocation of the $3.9 million designated for the. City as part of the Investing in Ontario Act announcement at A.M.O.. Carried Unanimously RESOLUTIONS NO. 26 - KERRIO - WING therefore be it resolved that the Niagara Convention & Civic Centre will be operated as Municipal Capital Facility as defined in the Municipal Act, 2001; and FURTHER BE IT RESOLVED that the Staff of the Corporation of the City of Niagara Falls shall take whatever steps are required to ensure that the Niagara Convention & Civic Centre has the benefit of a waiver of any and all taxes and feeds that are within the control of the Corporation of the City of Niagara Falls. NO.27 - THOMSON - FISHER - therefore be it resolved that the Niagara Falls City Council supports a bid for our community to host the 2011 AMO Conference; and FURTHER BE IT RESOLVED that City staff work with Niagara Falls Tourism, the Niagara Convention and Civic Centre and other applicable stakeholders in bringing the AMO Conference to our community and fulfilling the host community's obligations. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be given a first reading. Carried Unanimously 2008 -161 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. 2008 -162 A by -law to amend By -law No. 79 -200 to permit the construction of a 10 storey, 102 - unit retirement home and a clinic on the land. 2008 -163 A by -law to provide for the approval of Amendment No. 85 to the City of Niagara Falls Official Plan. 2008 -164 A by -law to require pre - consultation on certain Planning Act applications in the City of Niagara Falls. 2008 -165 A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with 337304 Ontario Limited , respecting the licencing of a Sidewalk Cafe over a portion of City Sidewalk in front of 337304 Ontario Limited located at 6526 Main Street. 2008 -166 A by -law to hereby authorize the Mayor and Clerk to execute this Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario ( the "Municipality ") Related to Funding Provided to the Municipality under the Ontario Bus Replacement Program as in Schedule "A" attached hereto. 2008 -167 A by -law to adopt, ratify and confirm the actions of City Council at its meeting on the 22"' day of September, 2008. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be read a second and third time and passed. Carried Unanimously Health Achieve Conference ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that two members of Council be permitted to attend the conference in November. Carried Unanimously Sidewalk West side of Stanley ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the extension of the sidewalk on the west side of Stanley Avenue to Morrison Street be included in the 2009 Budget. Carried Unanimously ORDERED on the motion of Councillor Maves, seconded by Councillor Fisher that the meeting be adjourned at 8:00 p.m. Carried Unanimously DEAN IORF A, ITY CLERK - 8 - September 22, 2008 Council Minutes BY -LAWS NEW BUSINESS R.T. (TED) SALCI, MAYOR