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2009/02/09SECOND MEETING REGULAR COUNCIL MEETING Council met on Monday, February 9, 2009 at 7:15 p.m. for the purpose of considering Regular Business matters. All members of Council except Councillor Thomson were present. Councillor loannoni offered the Opening Prayer. * ** * * ADOPTION OF MINUTES ORDERED on the motion of Councillor Fisher, seconded by Councillor Pietrangelo that the minutes of January 26, 2009 be approved as printed. Carried Unanimously * * * ** DISCLOSURES OF PECUNIARY INTEREST Councillor Wing indicated a conflict to a Corporate Services matter pertaining to the Board of Museums, as her husband is employed with the Museums. Women's Place of South Niagara Mayor's Youth Advisory Committee Niagara Falls Community Policing DEPUTATIONS /PRESENTATIONS Joe Talarico and Tom Snodgrass addressed Council on the organization's annual Strike Out Violence Bowling Tournament, which is being held on Friday, February 27' 2009 at Cataract Bowling. Interested members of Council will enter a team into this year's tournament. Laurel Walsh and Kacey Taylor, co- chair's of The Mayor's Youth Advisory Committee updated Council on the committee's progress and the various events that will take place over the school year. Todd Bright, Chair, Community Policing, Insp. Dan Damico, NRP Jeff Levens, NRP were present, they stressed the importance of the Community Policing Committee and advised that their goal is to develop strategies to prevent crime and be proactive in solving graffiti problems. The group requested Council's support to identify the strategies and jointly address these issues. A brief video clip was shown with many pictures that were taken of graffiti around our City. ORDERED on the motion of Councillor Fisher, seconded by Councillor Kerrio that the matter be referred to staff. Carried Unanimously Background Conclusion - 2 - February 9, 2009 Council Minutes PLANNING MATTERS PD- 2009 -12 - AM- 2008 -004, Zoning By -law Amendment Application, 2096, 2108 and Catharines Crescent, Applicant: Jingyu Li and Fayez Elayan and the City of Niagara Falls. Permit Site Works Related to Erosion Control and Slope Stability. The Director of Planning and Development reviewed the recommendations and provided the following information. The applicants have requested an amendment to Zoning By -law 79 -200 for the rear part of their property at 2108 Catharine Cres. The front of the property is zoned Residential Single Family 1A Density. The rear of the property is sloped and is zoned Environmental Protection Area (EPA), which does not permit the land to be altered except for the provision of municipal services. The applicants undertook site works to stabilize the slope within the EPA zone and are requesting these works to be recognized. The rezoning will allow the work subject to a permit from the Niagara Peninsula Conservation Authority. As the same EPA zone extends onto the rear of the abutting properties, 2096 & 2122 Catharine Cres, it is proposed that the amendment extend to include these properties. Notice was circulated to the respective owners. It is for this reason that the City is named as co- applicant. Planning Analysis Official Plan The lands are designated Residential in the Official Plan. The Official Plan promotes the protection of slopes and valley lands. As the environmentally sensitive portions of the subject lot are intended to be protected by stabilizing the slope, the proposed amendment complies with the Official Plan. Zoning The intent of the current EPA -552 zoning is to preserve the slope in its natural state. Currently, the special provision prohibits any work, activity or building on the lands. The requested amendment would permit the site works necessary to protect the slope from erosion or slumping, subject to a permit under the NPCA regulations. The applicants have provided a soil stability analysis by a professional engineer which concludes that a stable slope will result when additional works are carried out to a 3:1 grade, and securing the steeper parts with armourstone. Should this application be approved, the applicant will alter the slope in accordance with the findings of the slope stability analysis. The applicant will also need to provide a revised grading plan, which will be reviewed and approved in the context of the master grading plan for the subdivision and will require an NPCA permit. The requested zoning by -law amendment to permit certain site works in the rear of the subject lands that are zoned EPA -552 can be supported for the following reasons: • It conforms with the Official Plan The zone changes will permit certain works (subject to the necessary permits) and allow for slope stability and erosion protection. Recommendation That Council approve the Zoning By-Iaw Amendment application to modify the EPA zoning that applies to the rear of 2096, 2108 and 2122 Catharine Crescent to permit site works related to erosion control and slope stability, subject to a permit from the Niagara Peninsula Conservation Authority. The Public Meeting was Closed. ORDERED on the motion of Councillor Diodati, seconded by Councillor loannoni that the report be approved as recommended. Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that report MW- 2009 -04 be dealt with at this time. Carried Unanimously MW- 2009 -04 - Robinson Street Cul de sac/ Jolley Cut. It is recommended that the City support the licensing of the Robinson Street cul -de -sac, subject to the necessary plans as requested being prepared and meetings with the neighbouring property owners. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that Michael Kirkland be permitted to speak. Carried Unanimously Michael Kirkland, architect for this project, on behalf of Michael DiCienzo, indicated that they are asking for Council's approval to enter into a process of consultation and design with all adjacent land owners, the public and City agencies. The developer does not want to go ahead unless there was an interest but they reiterated that there would be consultation and meetings with the neighbours and that a final decision was still subject to a future Council approval. He believes that the future outcome will benefit both adjacent land owners. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Fisher that the Council support the concept of the licensing of the Robinson Street cul -de -sac, subject to the necessary plans as requested being prepared and meetings with the neighbouring property owners. with Councilor Wing opposed. - 3 - February 9, 2009 Council Minutes Motion Carried ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that report CD- 2009 -02 be dealt with at this time. Carried Unanimously CD- 2009 -02- Marriage Information. It is recommended for the information of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that Reverend Derek Rymarchuk be permitted to speak at this time. Carried Unanimously Reverend Derek Rymarchuk requested that a referral list of Ministers be provided to all couples purchasing their licence at City Hall. The City Clerk advised that staff will continue to direct public inquiries to external sources such as Information Niagara, Chamber of Commerce and Niagara Falls Tourism as well as now a link to the local ministers on the Marriage page of the City's website. - 4 - February 9, 2009 Council Minutes ORDERED on the motion of Councillor Mayes, seconded by Councillor Wing that the report be received for information as recommended. with Councillor Pietrangelo and Diodati opposed Motion Carried ORDERED on the motion of Councillor Fisher, seconded by Councillor Pietrangelo that the remainder of the Consent Agenda be dealt with at this time. 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. FS- 2009 -01 - Fire Safety Boxes. It is recommended that Council approve the report initiating a by -law requiring the installation and maintenance of Fire Safety Boxes in the City of Niagara Falls. R- 2009 -03 - 2009 Proposed Cemetery Fees. It is recommended that the 2009 Cemetery Fees be approved effective March 1, 2009 and that the 2009 Cemetery Fee Schedule be forwarded to the Ministry of Consumer and Commercial Relations, Cemeteries Branch, for review and approval. PD- 2009 -11 - CB & FIG - 2008 -021, Commercial Building & Facade ImprovementGrant 1609602 Ontario Inc. (Alan Willick), 4616 - 4618 Erie Avenue. It is recommended that Council approve the above noted application for a Facade Improvement Grant in the amount of $10,000 subject to meeting the program requirements including the entering into an agreement with the City; and that if Council approves the application, that the Mayor and Clerk be authorized to execute the grant agreement for the facade improvement. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that the reports be approved as recommended. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci extended condolences to the family of Sandy Bird on the loss of her mother Alice and also to the family of the late Michael Del Ben, a prominent business man. Mayor Salci advised of some recent events: Ministers from the Provincial Government visited Niagara Falls for their Liberal caucus meeting this past week. The Mayor met with Minister of Municipal Affairs and Housing, Jim Watson, as well as, Minister of Energy and Infrastructure, George Smitherman regarding growth in the North West Sector. It was Family Literacy Week, the last week of January and members of the Chinese Community in Niagara Falls celebrated the Year of the Ox during Chinese New Year this past Saturday. Mayor Salci advised of some upcoming events: February 16 " Family Day ", February 17 is this year's Mayor's and Council's Chili Cook Off and the Tim Horton's Bowl for Kids Sake in support of Big Brothers, Big Sisters will take place, Saturday, February 21s 2009. - 5 - February 9, 2009 Council Minutes COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Broderick & Partners LLP - Proposed Pumping Station /Forcemain and Sanitary Sewers Front End Cost Sharing Proposal. RECOMMENDATION: Refer to Staff ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that the communication be referred to staff as recommended. Carried Unanimously 2. Blue Box Program Review & Waste Diversion Act Review - Association of Municipalities (A.M.O.) positions on the blue box program and waste diversion. RECOMMENDATION: Council supportAMO's position on the Blue Box program and that staff review the Minister of Environment's Discussion Paper on waste diversion and recommend a position to Council prior to the April 1st deadline for comments. ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that the communication be approved as recommended. Carried Unanimously 2) Spending Cuts REPORTS RATIFICATION OF CORPORATE SERVICES COMMITTEE MATTERS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the actions taken in Corporate Services, on February 9, 2009 be approved. 1) That the minutes of the January 26, 2009 meeting be adopted as recorded with an amendment to item 3 on page 2 that Councillor Wing had a conflict. That staff reduce the 2009 General Purposes Budget by the highlighted items in the 2009 budget reduction considerations presentation. That staff reduce the 2009 General Purposes Budget by all the items outlined in the 2009 budget reduction considerations presentation with the exception of the Project Share grant amount of $31,400. That staff reduce an additional $5000 from the Mayor's office advertising account. That staff report back to Council regarding the preferred pool location reductions. That staff report back on the best financial returns for the existing arena sites which will be decommissioned as a result of the completion the four -pad complex. The report should include appraised values. That staff investigate and report on potential cost savings due to staff reductions caused by attrition. 3) Board of Museums funding That staff accept the Board of Museums revised reduced budget. 4) CPS - 2009 -01 Water and Sewer Rate Structure Report deferred to next Corporate Services meeting. - 6 - February 9, 2009 Council Minutes 5) That staff report back regarding future uses of the Heritage Week reserve fund. That staff report back on further reductions to the 2009 General Purposes Budget. Carried with Councillor loannoni opposed to the Board of Museums item. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be given a first reading. Carried Unanimously 2009 -23 A by -law to provide for the adoption of Amendment No. 87 to the City of Niagara Falls Official Plan as approved by the Ontario Municipal Board. (OPA No. 87) 2009 -24 A by -law to amend By -law No. 79 -200, as directed by the Ontario Municipal Board, to recognize the commercial use of a portion of the land and permit a limited expansion of the use on the balance of the land. (AM- 12/2007) 2009 -25 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 9` day of February, 2009. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the by -laws be read a second and third time and passed. Earth Hour 4- Pad Arena DEAN 10 BY -LAWS NEW BUSINESS Carried Unanimously ORDERED on the motion of Councillor Diodati, seconded by Councillor loannoni that the City participate in Earth Hour, advertise the day on the website and encourage local residents to participate on March 28, 2009 at 8:30 p.m. Carried Unanimously ORDERED on the motion of Councillor Diodati, seconded by Councilor Pietrangelo that the City explore the possibility of external marketing and other management services for the 4 -Pad. Carried Unanimously * ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the meeting be adjourned at 9:50 p.m. Carried Unanimously c2-7-as A, CITY CLERK R.T. (TED) SALCI, MAYOR