Loading...
2009/11/30TWENTY -FIRST MEETING IN CAMERA MEETING Committee Room 2 November 30, 2009 Council met on Monday, November 30, 2009 at 6:30 p.m. in an In Camera Session. All members of Council were present. Councillor Mayes presided as Chairman. Following consideration of the items presented, the In Camera Session did rise to report. Councillor loannoni not in Chambers REGULAR COUNCIL MEETING Council Chambers November 30, 2009 Council met on Monday, November 30, 2009 at 7:00 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Councillor Kerrio offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the minutes of November 16, 2009 be approved as printed. Carried Unanimously Councillor loannoni returned to Chambers. DISCLOSURES OF PECUNIARY INTEREST Councillor Wing indicated a conflict to an In Camera item as it involves her spouse's employer. Councillor loannoni indicated a conflict to an In Camera item as it involves her spouse's employer. DEPUTATIONS /PRESENTATIONS OMA Section on Emergency Medicine, Emergency Physicians of Ontario Dr. Myron Haluk, Ontario Medical Association, Section on Emergency Medicine, provided Council with a power point presentation outlining the GNGH Physician staffing and levels and payment models. Dr. Haluk indicated that the emergency physicians at GNGH were providing full emergency care service. His section feel that the scheduling control being demonstrated by the NHS is unprecedented. He questioned the Hay Group methodology in their study. Dr. Haluk argued that other hospitals in the Region have greater staffing levels yet greater waiting times than GNGH. He feels the lack of beds is the more pertinent issue, not scheduling models. He called upon City Council to request that provincial cabinet appoint an investigator, who should hear submissions from the public. -2- November 30, 2009 Council Minutes ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the Councillor loannoni be permitted to finish her comments. Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that: WHEREAS the Niagara Health System ( "NHS ") has a long- standing sanction by the Ontario Nurses Association; and WHEREAS in October 2008, the NHS suffered a non - confidence vote by its medical staff association; and WHEREAS the NHS has continued to operate at a deficit; and WHEREAS the Hospital Improvement Plan for the NHS calls for the elimination of essential services, such as maternity and pediatrics, at the GNGH site; and WHEREAS scheduling actions at the Greater Niagara General Hospital (GNGH) Emergency Room (ER) Department has lead to the exodus of several dedicated, long - serving emergency physicians; and WHEREAS the Ontario Medical Association Section on Emergency Medicine and the Emergency Physicians of Ontario has provided a review of the GNGH Emergency Department and determined that the Niagara Falls community is unlikely to see stable Emergency Physician staffing for years to come, with continuous risk of imminent department closure. THEREFORE BE IT RESOLVED that Niagara Falls City Council hereby requests, as per section 8.1 of the Public Hospitals Act, that the Lieutenant Governor in Council step in and appoint an investigator to investigate and report on the quality of the management and administration at the Niagara Health System; and FURTHER BE IT RESOLVED that copies of this resolution be forwarded to the Premier, Dalton McGuinty, the Minister of Health and Long -Term Care, the Honourable Deb Matthews, Kim Craitor, M.P.P., Niagara Falls, and Area Municipalities. Councillor Diodati Councillor loannoni Councillor Mayes Councillor Thomson Mayor Salci Background AYE AYE AYE AYE AYE Councillor Fisher Councillor Kerrio Councillor Pietrangelo Councillor Wing AYE AYE AYE AYE Carried Unanimously PLANNING MATTERS PD- 2009 -85- AM- 2009 -018, Zoning By -law Amendment Application. 7104 -7118 Lundy's Lane. Applicant: Falls Manor Limited. Recognize Existing Cabins that are Associated with Motel and Permit Lesser Frontage for Residential. The Director of Planning and Development reviewed the recommendations and provided the following information. The Zoning Bylaw amendment is requested for the 1 ha (2.5 ac) parcel of land to recognize the existing cabins and permit 2 residential lots. The northerly 2/3's of the land is designated Tourist Commercial and zoned Tourist Commercial. The southerly 1/3 is designated Residential and zoned Residential Single Family 1C Density (R1 C). A portion of the residential lands are occupied by 12 cabins which are legal non - conforming. -3- November 3.0, 2009 Council Minutes The applicant is seeking to extend the TC zone onto the lands containing the cabins and recognize the cabins as a listed use through a site specific TC zone. The applicant is also seeking a site specific R1 C zone to permit a lesser lot frontage for 1 of the lots than is currently required. Planning Analysis Design Concept When Cuviello Court subdivision was approved, it was designed with a temporary turning circle to allow for the future expansion of the street to take full development advantage of the lands designated Residential. The development proposed by the applicant excludes an extension of the bulb into the subject lands and as such, precludes the full use of the lands for residential purposes. The proposed plan perpetuates the intrusion of a tourist commercial use into a residential area and conflicts with desirable development to complete this residential community. The intended completion of this subdivision could be achieved by extending the bulb northward to develop two lots and allow the cabins to continue as an interim use until such time as it is viable to remove the cabins and develop two additional lots. This would fulfill the original development concept for the portion of the land designated Residential and ultimately remove a remnant commercial use that is surrounded by residences. Official Plan According to the OP, non - conforming uses such as the 12 cabins are intended to cease over time. The owner does not wish to remove these cabins. While the long term intent of the OP is to remove the cabins, the Plan also contains policies which allow non - complying uses to be recognized. For a non - complying use to be recognized through a zoning by -law it must be demonstrated that: • the zoning will not permit a change of use or performance standard that will increase impacts on adjacent complying uses; ► does not constitute a danger to surrounding uses; ► will not contribute to any urban renewal problem; and ► will not interfere with desirable development in adjacent areas that are in conformity with the plan. Staff is of the opinion that recognizing the existing cabins through the zoning by -law would meet the above criteria. This would allow the use as an interim use until such time as the lands can be fully developed for residential purposes. Zoning The applicant has requested a site specific TC zone for the portion of the site occupied by the restaurant, motel and cabins to include the cabins as a listed use. A definition of cabin would have to be included in the amending by -law. Should Council approve this application, approval should be limited to the rear 61 m (200 ft) for the existing 12 cabins only, and the current number and size. Over the long term, these uses could be phased out and the lands redeveloped as residential lots. The by -law should require fencing and landscaping to buffer adjacent residential lots from the continued commercial operation. -4- November 30, 2009 Council Minutes One of the two proposed lots has undersized lot frontage. The applicant has requested a site specific R1 C zone to reduce the required lot frontage from 15 m (49.2 ft) to 6 m (19.7 ft) because of the limited frontage provided by the irregular cul -de -sac design. While this reduction may not be fully needed for the preferred development option, it is recommended to provide flexibility in designing the lots. The reduced lot frontage will necessitate relief from the maximum permitted driveway widths of 50% of the lot frontage. Driveway widths would still be limited to a maximum of 8m(26ft). Should Council approve the application as recommended, the owner will need to pay the costs to extend the road and services. In addition, the 0.30 m (1 ft) reserve at the north end of Cuviello Court will need to be lifted to allow access onto the subject land. To prevent access to the cabins through the residential area, a 0.30 m (1 ft) reserve should be placed along the future cul -de -sac until lots 3 and 4 are developed as conditions of a future consent. Conclusion The proposed amendment is requested to recognize the existing cabins and to permit reduced lot frontage for two lots proposed to be created at the current limit of Cuviello Court. Although the OP makes allowances for the proposal, the proposal does not provide for the extension of Cuviello Court as planned and as such, precludes the development of additional residential lots on the subject land. Staff recommend a modified development proposal be approved which allows for full utilization of the Residentially designated portion of the lands for housing. This concept will not increase impacts on surrounding residents, provided the interim use is limited to cabins and landscaping and fencing is provided along adjacent residential lands. Recommendation That Council approve the Zoning By -law amendment to recognize the existing cabins and to reduce the lot frontage requirements for residential lots to 6 metres (19.7 ft) on the basis of extending Cuviello Court onto the subject land to provide access for two new residential lots and two future residential lots. Rick Brady, Urban Environmental Management, representing the applicant, indicated the cabins have been there over 40 years and his client has no interest in removing them. Mr. Brady advised that his client wishes to sever the two lots for residential use. He asked that Council approve the recommendation with a small amendment to provide access fir the two new residential lots as Illustrated on Schedule 2. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that Council approve the Zoning By -law amendment to recognize the existing cabins and to reduce the lot frontage requirements for residential lots to 6 metres (19.7 ft) on the basis of extending Cuviello Court onto the subject land to provide access for two new residential lots as illustrated in Schedule 2 of the recommendation report. Carried Unanimously -5- November 30, 2009 Council Minutes MISCELLANEOUS PLANNING MATTERS PD- 2009 -96 - Chief Administrative Officer - Designation of the Earl A. Thomas House, 6320 Pine Grove Avenue. The report recommends that Council receive the Conservation Review Board's recommendation for the property at 6320 Pine Grove Avenue, and that Council pass the by -law on tonight's agenda to designate the property under s. 29 Part IV, of the Ontario Heritage Act as a property with cultural heritage value or interest to the City of Niagara Falls. ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that the report be approved as recommended. Motion Carried with Councillor Fisher and Mayes opposed. DOWNTOWN MATTERS 1. Presentation by Downtown B.I.A. 2. Chief Administrative Officer PD- 2009 -86 - Proposed Change from a Residential Loan to a Residential Grant to Encourage the Renovation of Older Apartments and Unused Vacant Space Above Businesses Along Queen Street and Erie Avenue ORDERED on the motion of Councillor Diodati, seconded by Councillor Thomson that the Downtown Presentation and report PD- 2009 -96 be deferred. with Councillors Wing and loannoni opposed. Motion Carried ORDERED on the motion of Councillor Diodati, seconded by Councillor Kerrio that a Downtown Steering Committee Meeting be set up on December 14 ", 2009 prior to the Council and Committee Meetings. MW- 2009 -84 -Chief Administrative Officer Downtown (Queen Street) Infrastructure Revitalization Project Phased Implementation Plan The report recommends that staff be directed to proceed with the phased implementation plan for the Downtown ( Queen St. ) Infrastructure Revitalization Project and further that staff be directed to apply for additional funding from the Region's Public Realm Grant, CSO /MAP Grant and the Provincial Rural Economic Development (RED) Grant programs. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the report be approved as recommended. Carried Unanimously Carried Unanimously -6- November 30, 2009 Council Minutes MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci extended condolences to the family of Lydia Picca, a City employee, on the passing of her father -in -law, Vito Picca, a former City employee and to the family of the late Frank Ferro, a former City employee. Mayor Salci extended congratulations to the staff of Parks, Recreation and Culture on a successful Santa Claus Parade, where the 2010 Olympic and Paralympic Winter Games Mascots were in attendance, as well as the community torchbearer, Gord Singelton. Mayor Salci advised of an upcoming event: December 12 will be the Candlelight Stroll from 5:30 to 7:30 p.m. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. David Whysall International Fireworks - Fireworks display for the Olympic Winter Games Torch Relay even being held on December 20, 2009 RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Fisher, seconded by Councillor Pietrangelo that the request be approved. Carried Unanimously REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the actions taken in Community Services Committee, on November 30, 2009 be approved. Carried Unanimously 1. That the minutes of the November 16, 2009 meeting be adopted as recorded. 2. REPORTS: a) MW- 2009 -75 Charnwood Drainage Ditch Improvements That Council approve the proposed improvements to the drainage ditch located on City -owned property and that funding in the amount of $15,000 be pre - approved from the 2010 Municipal Works Operating Budget for this project. b) PD- 2009 -93 CB &FIG -2009 -010, Commercial Building & Facade Improvement Grant Application Applicant: 1790073 Ontario Limited (Tihomir Zubic) 4738 - 4740 Valley Way That the Commercial Building & Facade Improvement Grant application for 4738 -4740 Valley Way be approved subject to the owner satisfying the program requirements, and that the Mayor and Clerk be authorized to execute the grant agreement. . -7- November 30, 2009 Council Minutes c) PD- 2009 -94 CB &FIG - 2008- 028,CB &FIG- 2009 -11 and CB &FIG- 2009 -012 Commercial Building & Facade Improvement Grant Application Applicant: Historic Niagara (Mordecai Grun) Queen Street (3 properties) That Council approve the applications for Commercial Building and Facade Improvement, subject to Historic Niagara meeting the Downtown CIP Program requirements. d) PD- 2009 -97 Bill 198 - An Act to amend the Planning Act with respect to Inclusionary Zoning 1) That Staff continue to monitor private member Bill 198 and report back to Council. That Staff request input from area Developers and Builders on Bill 198. e) TS- 2009 -51 Niagara Region Inter - Municipal Transit Initiative 1) That the materials presented to the Region's Transportation Strategy Steering Committee (TSSC) regarding the Inter - municipal Transit Work Plan, be received; 2) That Niagara Falls needs to focus on initiatives such as People Mover and it's Conventional Transit Service Business Plan as priorities for the municipality; That Niagara Falls supports the triangle service approach involving Niagara Falls, Welland and St. Catharines; provided it is not funded Municipally or Regionally. 3. That staff look into and report back on the possibility of having the standing committee meetings in Council Chambers. RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the actions taken in Corporate Services Committee, on November 30, 2009 be approved. Carried Unanimously 1. That the minutes of the November 16, 2009 meeting be adopted as recorded. 2. REPORTS: a) IS- 2009 -02 Phone System VoIP Upgrade at Service Centre 1. That the quotations for the purchase of a Voice over IP(VoIP) phone system be awarded to Telus Communications Company in the amount of $30,585.91 and, 2. That staff be authorized to sign the necessary Purchase Order and related documents associated with these purchases. F- 2009 -50 2008 Municipal Performance Measures -8- November 30, 2009 Council Minutes 1. That this report be received for the information of City Council. 2. That staff post the information on the City's website. c) F- 2009 -58 Third Quarter Review Capital Budget Report That this report be received for the information of City Council. d) FS- 2009 -10 Fire Communications Dispatch Centre Renovations and Infrastructure Requirements 1. That Council approve the expenditure of up to $500,000 for the replacement of the Fire Communications Dispatch Centre and the infrastructure work required for the implementati on of the radio system. 2. That Council authorize the use of sole source proponents, if appropriate, in accordance with present Corporate policy 3. That the Mayor and Clerk be authorized to execute all related agreements. RATIFICATION OF "IN CAMERA" RECOMMENDATIONS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati 1. That the 2009 Non -Union salary grid be adjusted to maintain the market median with no salary adjustment. 2. That a lease extension, until December 31, 2010, with the current service provider, for the operation of the out of town bus terminal, be approved; and That the Mayor and Clerk be authorized to execute the necessary agreement. Motion Carried with Councillor Thomson opposed to item #1 and Councillors Wing and loannoni declaring a conflict on item #1. 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. MW- 2009 -83 - Tender #2009 - 219 -09, McLeod Road Watermain Replacement Dell to OPG Canal. It is recommended that the contract be awarded to the lowest bidder Centennial Infrastructure (Niagara) Inc. at the tendered price of $1,080,500.00; and that the Mayor and city Clerk be authorized to execute the necessary contract documents. PRC- 2009 -34 - Tender TR14 -2009, For the Supply and Installation of Baseball Field Lighting at the Patrick Cummings Memorial Sports Complex. It is recommended that the tender from Kraun Electric Inc. (45 Wright Street, St. Catharines, ON, L2P 3J5) for the supply and installation of baseball field lighting at the Patrick Cummings Memorial Sports Complex in the amount of $430,000.00 (excluding GST) be approved. -9- November 30, 2009 Council Minutes TS- 2009 -54 - Downtown BIA, Request for 2 -hour On- Street Parking in December. It is recommended that two -hour free parking at on- street parking meters and on- street pay and display machines only, in the Downtown Core, during the Month of December, be approved. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that the reports on the Consent Agenda 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 2009 -182 A by -law to establish Part 31 on Reference Plan 59R -13977 as a public highway, to be known as and to form part of Reixinger Road. 2009 -183 A by -law to authorize the execution of a Development Agreement with Oakwood Place Shopping Centres Inc. respecting a shopping centre development, subject to all conditions of the Agreement being met to the satisfaction of the Director of Municipal Works. 2009 -184 A by -law to amend By -law No. 79 -200, to permit the land to be used for a group home. (AM- 2009 -016) 2009 -185 A by -law to amend By -law No. 79 -200, to permit the option of developing the two parcels as one lot. (AM- 2009 -017) 2009 -186 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. 2009 -187 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. ( Stopping Prohibited, Parking Prohibited) 2009 -188 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. ( Stopping Prohibited, Parking Prohibited, Parking Meter Zones, Heavy Vehicle Restriction) and to repeal By -law No. 2009 -138. 2009 -189 A by -law to authorize the execution of the 2009 - 2010 Collective Agreement with the Niagara Falls Professional Fire Fighters Association. 2009 -190 A by -law to amend By -law 89 -155 and adopt a Schedule of Meetings. 2009 -191 A by -law to designate the property known as 6320 Pine Grove Avenue (Earl A. Thomas House), being PIN 64353 -0147 (LT) within the City of Niagara Falls, to be of cultural heritage value and interest. 2009 -192 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 30 day of November, 2009. 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 Park in the Committee -10- November 30, 2009 Council Minutes NEW BUSINESS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the Aviva Logo be placed on the City's website, where the public will be able to vote for the City's submission. Carried Unanimously Trails & Bikeway Committee ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the Trails & Bikeway committee be recognized for their work on the installation of over 80 steps, which completes the descent of the nature path leading down to the Whirlpool Glen. Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the meeting be adjourned at 8:55 p.m. Carried Unanimously it At: DEAN IORFIDA, QITY CLERK R.T. (TED) SALCI, MAYOR