2009/12/14Council met on Monday, December 14, 2009 at 6:30 p.m. in an In Camera Session.
All members of Council were present. Councillor Pietrangelo presided as Chairman.
Following consideration of the items presented, the In Camera Session did rise to
eport in open session
AN IORFIDJ, CI iY CLERK R.T. (TED) SALCI, MAYOR
Justin DiCienzo
TWENTY- SECOND MEETING
IN CAMERA MEETING
REGULAR COUNCIL MEETING
Council Chambers
December 14, 2009
Council met on Monday, December 14, 2009 at 7:00 p.m. for the purpose of
onsidering Regular Business matters. All members of Council were present. Councillor
ayes offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Councillor Fisher, seconded by Councillor Maves that
e minutes of November 30, 2009 be approved as printed.
DISCLOSURES OF PECUNIARY INTEREST
Councillor Wing indicated a conflict to a report in Community Services, MW- 2009 -86
nd to a Corporate Services report, F- 2009 -61, as it pertains to the Museums, her spouse's
mployer.
Mayor Salci indicated a pecuniary interest to cheque no. 333043, made payable to
imself.
Councillor Maves indicated a conflict to report CPS - 2009 -12, as it relates to his
usiness.
DEPUTATIONS /PRESENTATIONS
Mayor Salci recognized Justin DiCienzo, a 9 year old boy, who qualified for a a PGA
olf tournament in Port St. Lucie, Florida. A certificate on behalf of Council was
presented.
Committee Room 2
December 14, 2009
Carried Unanimously
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Council Minutes
PLANNING MATTERS
PD- 2009 -100- AM- 2009 -022, Zoning By -law Amendment Application. 4901 and 4907
Ontario Avenue. Applicant: Paul Nolan. Proposed Cottage Rental Dwellings
The Director of Planning and Development reviewed the recommendations and
provided the following information.
Background
The applicant is requesting that the two existing dwellings at 4901 and 4907 Ontario
Avenue be permitted to be used as cottage rental dwellings (rented to tourists for
accommodation of 28 days or less)
The subject properties are zoned Residential Single Family and Two Family (R2) which
does not permit the dwellings to be used as cottage rental dwellings. The zoning is
requested to be amended site specifically to permit each property to be used as a cottage
rental dwelling.
A neighbourhood open house was held on November 10, 2009. Concerns expressed
involved the method of regulating the size of groups using the cottage rental units and
providing adequate parking.
Planning Analysis
Provincial Policy and Regional Policy Plan
The subject properties are located within the Urban Area Boundary and within the Built Up
Area. A range of residential uses are permitted in these locations. The proposal does not
affect any Provincial or Regional interests.
Official Plan
The properties are designated Residential in the Official Plan.
While residential dwellings are intended to be the predominant use under this designation,
small scale tourist accommodations such as bed and breakfast accommodations may also
be permitted by zoning by -law amendment.
The establishment of such accommodations are to be carefully regulated as to their
location, size and traffic generation in order to minimize potential disturbances to adjacent
properties and to protect the character and identity of the overall neighbourhood.
The proposed cottage rental dwellings conform to the Official Plan as follows:
► The location is appropriate for accommodations as they are adjacent to an area that
is zoned for B & B accommodations, across from a new recreational trail and within
walking distance of downtown and tourist area.
► Cottage rental dwellings are an alternative form of accommodation that are similar
in scale and function to B & B accommodations that may also be considered in
residential areas.
► The residential character of the dwellings and the properties will be maintained as
no changes are proposed to either dwelling.
► The cottage rental dwellings are not expected to generate any more traffic or
parking demand than a typical single detached dwelling as each will be rented to a
separate group of travelers.
Zoning
The cottage rental dwellings will be compatible with the surrounding residences provided
the amending by -law limits each dwelling to 3 bedrooms. The Ontario Building Code limits
occupancy to 2 persons per bedroom, meaning the total occupancy for each cottage is
limited to 6 persons.
To ensure by -law standards are met, at least one of the parking spaces at 4907 Ontario
Avenue will have to be enlarged to 6 m. (19.7 ft) in length. This change would ensure that
the same amount of parking to be provided for a single detached dwelling is provided for
Conclusion
Recommendation
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December 14, 2009
Council Minutes
the cottages, and will alleviate concerns that required parking may spill off of the properties
and onto surrounding streets. This improvement should be finalized before the passage
of the amending by -law.
The Zoning By -law amendment can be approved for the following reasons:
► The uses comply with the Official Plan and are in an area where small scale
accommodations may be considered. The residential character of each dwelling will
not be affected by the proposed use for short term accommodation.
► Provided no more than three (3) bedrooms are contained in each dwelling and at
least one complying parking space is provided for each dwelling, the use of the
properties will be compatible with adjacent dwellings and will not cause any adverse
parking problems.
That Council approve the Zoning By -law amendment application to permit the existing
dwellings to be used as cottage rental dwellings.
Paul Nolan, applicant, indicated that his intent was to convert the existing dwelling
to be used as a cottage rental dwelling. He was pleased with staff recommendations and
was available to answer any questions.
The Public Meeting was Closed.
ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni
that the report be approved as recommended.
Carried Unanimously
PD- 2009 -98- AM- 2009 -021, Zoning. By -law Amendment Application. Former Ethel
Street Road Allowance and 0.3 Metre Reserve. Applicant: Violet. Kekic. Proposed
Semi- Detached Dwelling
The Director of Planning and Development reviewed the recommendations and
provided the following information.
Background
A zoning amendment is requested for the former Ethel Street road allowance which was
recently sold by the City.
The land is currently zoned Residential Single Family 1D density, which only permits a one
family detached dwelling.
The zoning of the land is requested to be changed to Residential Single Family an two
Family (R2) which would permit a semi- detached dwelling to be built.
Planning Analysis
Provincial Policy and Regional Policy Plan
Provincial policies direct growth to built -up and settlement areas and support
intensification.
The proposal would assist in reaching intensification targets established by the Provincial
and Regional policies and would result in more efficie nt use of land and existing
infrastructure.
Official Plan
The subject land and surrounding properties are designated Residential in the Official Plan.
The policies of the OP direct the provision of a compatible mix of dwelling types in all
planning districts so that a variety of housing types will be available to different age groups,
household sizes and incomes.
The subject land is located in a neighbourhood which has a mix of dwelling types. The
proposed semi - detached dwelling will be similar in density, building mass, setbacks and
appearance to other dwelling units in the neighbourhood
Zoning
The subject land and surrounding Tots were zoned R1 D in 1979 to reflect the size and use
of the surrounding lots for single family detached dwellings.
The owner is requesting the zoning of the former road allowance to be changed to the
Residential Single Family and Two Family zone to permit the construction of a semi-
detached dwelling.
The subject land is 5 metres (16 ft) wider than the abutting lots and complies with the R2
zone regulations for a semi - detached dwelling.
The Region requires the semi- detached dwelling to be accessed via a mutual driveway to
reduce the number of access points along Montrose Rd. which functions as an arterial
road.
The site plan submitted with the application shows a combined driveway for both dwelling
units in compliance with the Region's requirements.
Conclusion
The proposed amendment is requested to allow the construction of a semi - detached
dwelling. The Official Plan supports the provision of a compatible mix of dwelling units so
that a variety of housing types are available in each neighbourhood.
The Zoning By -law amendment can be approved for the following reasons:
► The subject land satisfies City's zoning standards for a semi - detached dwelling.
► The proposed dwelling will be compatible with the surrounding land uses which
are a mix of single and semi - detached dwellings and apartments.
Recommendation
December 14, 2009
Council Minutes
That Council approve the Zoning By -law amendment application to change the zoning of
the subject land to permit the construction of a semi- detached dwelling.
Violet Kekic, applicant, agreed with the staff report and recommendations and was
available to answer any questions.
The Public Meeting was closed.
ORDERED on the motion of Councillor Diodati, seconded by Councillor Thomson
that the report be approved as recommended.
Carried Unanimously
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Council Minutes
MAYOR'S REPORTS. ANNOUNCEMENTS
Mayor Salci advised of some recent events: the dedication of the first section of the
Olympic Torch Run Legacy Trail, honouring the historic relay of the Olympic torch, the
Candlelight Stroll hosted by the Downtown BIA and the official opening of the Winter
Festival of Lights "Rink by the Brink ".
Mayor Salci advised that the City will be hosting the Torch Relay Organizing
Committee on December 20 and 21s 2009.
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. FX WORK INC. - Request permission to do the New Years Eve Fireworks display
from the top of the Skylon Tower.
RECOMMENDATION: For the Consideration of Council
ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati
that the request be approved.
Carried Unanimously
2. TAPS BREWERY - Request the closure of the City -owned right of way.
-and-
RECOMMENDATION: For the approval of Council subject to proper insurance and
passing of the by -law 2009 -200 later on the agenda.
ORDERED on the motion of Councillor Diodati, seconded by Councillor Thomson
that the request be approved as recommended.
The CAO provided a brief overview of the 2010 Budget process and advised Council
that the first budget meeting would take place January 25, 2010 and that the 2010 budget
binders were available for pickup after the meeting.
REPORTS
with Councillor Wing having a conflict on MW-2009-86.
Carried Unanimously
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 December 14,
2009 be approved.
Carried Unanimously
1. That the minutes of the November 30, 2009 meeting be adopted as recorded.
2. MW- 2009 -86
Niagara Falls Armoury
1. That the Niagara Falls History Museum (former Lundy's Lane Historical
Museum) be permitted to operate temporarily from the Niagara Falls
Armoury during the construction phase of the Museum expansion project
from January 2010 to end of construction phase of the project.; and
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Council Minutes
2. That the City enter into a lease agreement with the Niagara Falls Military
Museum.
3. PRC- 2009 -36
Revised Arena Payment and Cancellation Policy
1. That Council approve the revised Arena Payment and Cancellation Policy.
2. That the revised Arena Payment and Cancellation Policy be effective
January 1, 2010.
4. PRC- 2009 -35
Gale Centre Arena Construction Update
That the Gale Centre arena construction update report be received for information
purposes.
5. BDD- 2009 -05
2010 Pan American Games
That Council authorize the Mayor and City Clerk to sign the 2015 Pan /Am Games
Joinder Agreement.
6. TS- 2009 -52
Vehicle Replacement, Niagara Chair -a -Van
1. That Council pre- approve the 2010 purchase of a Niagara Chair -A -Van
vehicle with the lowest bidder Overland Custom Coach; and,
2. That the Mayor and City Clerk be authorized to enter into an agreement to
purchase.
PD- 2009 -99
CB &FIG - 2009 -013, CB &FIG - 2009 -014 and
CB &FIG - 2009 -015 4532 -4534 Queen Street,
4544 Queen Street & 4536 Queen Street
Applicant: Argiri Rigas
That the Council approve the three applications for Commercial Building and
Facade Improvement Grants subject to considering the properties as different
parcels and satisfying the Downtown CIP program requirements.
8. PD- 2009 -101
CB &FIG - 2009 -016, Commercial Building & Facade
Improvement Grant Application
Applicant: 1049474 Ontario Inc. (Anthony Kreze)
4529 -4531 Queen Street
1. That the Commercial Building and Facade Improvement Grant Application
for 4529 -4531 Queen Street be approved subject to the owner satisfying the
program requirements and,
2. That the Mayor and City Clerk be authorized to execute the grant agreement.
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Council Minutes
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 December 14, 2009 be
approved.
Carried Unanimously
with Councillor Mayes having a conflict on CPS - 2009 -12 and Councillor Wing having a
conflict on F- 2009 -61, as it applies to the Museum.
1. That the minutes of the November 30, 2009 meeting be adopted as recorded.
2. AODA Training for Councillors
Council received a presentation from Brian Kon on the Accessibility for Ontarians
with Disabilities Act Customer Service Standard. Upon completion of the
presentation, the Council acknowledged reading and understanding the City's
Accessible Customer Service training brochure.
3. F- 2009 -59
2010 Debenture Issue
That the Council request the Region of Niagara issue long term financing for the
City through Infrastructure Ontario by issuing debentures totaling $12,000,000.00.
4. F- 2009 -61
Approval of Interim 2010 Spending Limits
That, in the absence of an adopted 2010 General Purposes Budget, City Council
approves the following:
1. City divisions be allowed to incur costs to a level of 50% of the divisions'
expenditure budget of the prior year.
2. New capital expenditures which are deemed essential by a division be
approved by City Council prior to purchase.
3. That this policy be communicated to all Commissions, Boards and Agencies,
and that the City's contributions, to each stakeholder group be in accordance
with the attached schedule.
5. CPS- 2009 -12
General Insurance Program 2010
1) That Council authorize Staff to designate Frank Cowan Company Limited as
the preferred proponent for the General Insurance Program for the City of
Niagara Falls, including the Library Board,
That Staff negotiate with the preferred proponent, as per the Request for
Proposal (RFP), to conclude the terms of a contract for the General
Insurance Program at an upset limit of $1,387,158.00 plus applicable taxes,
City $1,341,158.00 as per proposal,
Library $ 42,749.00 as per proposal,
Library $ 1,500.00 for a $5,000,000 increase in Limit of Liability.
3) That the proposed 2010 General Insurance Program be subject to annual
renewal based on satisfactory performance and Council approval.
That staff investigate alternative insurance programs that would reduce the
overall costs to the City for insurance premiums, risk management, and
claims handling to be incorporated into a revised Request for Proposal,
commenced during the next Council term.
C
-8- December 14, 2009
Council Minutes
6. CPS - 2009 -13
Niagara Falls Humane Society
That the City provide up to $179,000. to the Niagara Falls Humane Society (NFHS)
as a five-year forgivable mortgage for the financing of completed building
improvements at the NFHS animal shelter.
7. That staff ensure lighting of Cummington Square in time for Olympic Torch Run.
8. That staff develop guidelines for voting, proxies and standardized budgets for the
City's Business Improvement Areas.
RATIFICATION OF IN CAMERA COMMITTEE ACTIONS
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo
that the recommendation from the "In Camera ", on December 14, 2009 be approved.
1. That the Non -Union By -law be revised in order to amend the current two week
vacation carryover limit ( for salary grades 15 -21 only) up to a maximum annual limit
equal to an individual's annual vacation week entitlement, subject to the conditions
outlined in report HR- 2009 -08.
arried 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.
CAO- 2009 -02 - Administration of the Bob Gale Recreation Fund. It is recommended
that Council authorize the Mayor and Clerk to sign the Novation Agreement allowing Gale's
Gas Bars Limited (GGBL) to donate directly to the Niagara Community Foundation (NCF),
and that future annual distributions flow from the Niagara Community Foundation to the
Bob Gale Recreation Fund.
CD- 2009 -16 - Stanley Avenue Business Park Sign Panel Fee. It is recommended the
fee of $500 /year for the panels on Stanley Avenue Business Park Association sign be
added to the Fees and Charges booklet; and that staff be authorized to invoice the
businesses in the Stanley Avenue Business Park Association that are present on the sign
panels.
F- 2009 -60 - Municipal Accounts. It is recommended that Council approve the municipal
accounts totalling $12,122,291.40 for the period October 29, 2009 to November 25, 2009.
L- 2009 -54 - Niagara Falls Hydro Holding Corporation, Annual Resolution. It is
recommended that Council adopt the Resolution attached as Appendix "1", in its capacity
as the Shareholder of Niagara Falls Hydro Holding Corporation; and That the Mayor be
authorized to execute the Annual Resolution on behalf of Council, as the shareholder's
representative, pursuant to the Shareholder Declaration dated March 5, 2007.
MW- 2009 -87 - Tender #2009 - 233 -09 Union Marsh Drain Improvements and Consultant
Fee Amendment. It is recommended that:
1. The contract be awarded to the lowest bidder CRL Campbell Construction at the
tendered price of $67,529.95.
2. That the Mayor and City Clerk be authorized to execute the necessary contract
documents.
-9- December 14, 2009
Council Minutes
3. That the K.Smart Associates Consulting Services Agreement be amended to reflect
the completion of additional design, monitoring and inspection requirements beyond
the original scope of works at an upset limit of $51,200 (includes 5% contingency).
4. That the L.Campbell and Associates Consulting Services Agreement be amended
to reflect the completion.of additional design and monitoring requirements beyond
the original scope of works at an upset limit of $11,015.00 (includes 10%
contingency).
PD- 2009 -102 - Modifications to Draft Plan Approval 26CD -11- 2008 -11 (Revised)
Bellagio Draft Plan of Condominium ( Standard ), 6515 McLeod Road (North Side),
West of Dell Avenue. Owner: 2100851 Ontario Inc. (Domenic DiLalla). It is
recommended that the modifications to the Plan of Condominium be approved subject to
the consolidated list of conditions in the attached Appendix; that Council pass a motion that
the change to conditions is minor, and therefore, formal written notice of the change to
conditions is not required in accordance with subsection 51(47) of the Planning Act.
PD- 2009 -103 - Request for Deeming By -law, Lot 86,87 and Part Lot 116, Plan 1002.
Owner: John and Dora Mascia, 1609625 Ontario Limited. 5785,5791 and 5803 -5805
Victoria Avenue. It is recommended that Council pass the by -law appearing on tonight's
agenda to deem Lots 86,87 and Part Lot 116, Plan 1002 to no longer be within the
registered plan of subdivision.
TS- 2009 -50 - Chorozy Street at Donlee Drive ( East Intersection ) Donlee Drive at
Kevin Drive, Intersection Control Review. It is recommended that Council at the yield
sign facing northbound motorists on Donlee Drive at Chorozy Street (east intersection) be
replaced with a stop sign; and,
ORDERED on the motion of Councillor Kerrio, seconded by Councillor Fisher 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 -193 A by -law to designate Lots 86, 87 and Part of Lot 116, Plan 1002 to be
deemed not to be within a registered plan of subdivision.
2009 -194 A by -law to amend By -law No. 79 -200, being a by -law to permit light
industrial uses within the Elgin Industrial Area. (AM- 2008 -013)
2009 -195 A by -law to authorize the execution of a Joinder Agreement to the 2015 Pan
and Parapan American Games Multiparty Agreement, respecting the use of
the Niagara Convention and Civic Centre as a Welcome Centre for the 2015
Pan /Am Games.
2009 -196
2009 -197 A by -law to authorize the payment of $12,122,291.40 for General Purposes.
2009 -198
A by -law to authorize the execution of a Novation Agreement between the
Corporation of the City of Niagara Falls (hereinafter referred to as the "City "),
the Niagara Community Foundation (hereinafter referred to as the
"Foundation ") and Gale's Gas Bar Limited (hereinafter referred to as the
"New Donor "), respecting the Bob Gale Recreation Fund.
A by -law to hereby authorize the Mayor and Chief Administrative Officer to
execute the Community Adjustment Fund ( "CAF ") Agreement between
Her Majesty the Queen in right of Canada ( "Her Majesty "), as represented
by the Minister of Industry (the "Minister"), and the Corporation of the City
of Niagara Falls (the "Recipient ").
2009 -199
DEAN IORFI
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Council Minutes
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 -200 A by -law to temporarily remove the public right of passage over a highway
2009 -201 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 14 day of December, 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
NEW BUSINESS
Outdoor Retail Areas - Property Taxes
ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo
that staff bring back a report on taxation of outdoor inventory areas.
Carried Unanimously
ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes
that the meeting be adjourned at 7:45 p.m.
44-
Carried Unanimously
ITY CLERK R.T. (TED) SALCI, MAYOR