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2010/04/26SIXTH MEETING REGULAR COUNCIL MEETING Council met on Monday, April 26, 2010 at 7:00 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Councillor Thomson offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the minutes of April 12, 2010 be approved as printed. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Pietrangelo indicated a conflict with a wire transfer made out to the Niagara Catholic District School Board, his employer. Mayor Salci indicated a pecuniary interest to cheque no. 335596, made payable to himself. DEPUTATIONS /PRESENTATIONS Niagara Falls Red Raiders U10 Novice Girls Mayor Salci congratulated the members of the Niagara Falls Red Raiders U10 Novice Girls for winning the Ontario Basketball Provincial Championships. The Team: Molly Bowron, Olivia Buchanan, Katie Caughill, Maddie Caughill, Alicia Cuviello, Beth Deboer, Tori DiDomenico, Madison Hartl, Annika Johnson, Hailey Matovic, Carrie Robinson, Hannah Schaaf. Coaches: Jennifer Caughill, Bruce Caughill Head Coach: Dr. Dragan Matovic Niagara Falls Lions Club Members of the Niagara Falls Lions Club were recognized for receiving an Excellence in Design Award for the new park development, designed by City staff person, Jeff Claydon. A cheque was presented to the City for $5750.00 for the final installment of the park development. PLANNING MATTERS PD- 2010 -35 - AM- 2009 -029, Zoning By -law Amendment Application, 6226 Giovina Drive. Applicant: 2188353 Ontario Inc (Mario Chan). Proposed Semi- Detached Dwelling The Director of Planning and Development reviewed the recommendations and provided the following information. Background An amendment is requested to permit a semi - detached dwelling on a parcel of land at the corner of Giovina Drive and St. Paul Ave. The current zoning (R1 C) only permits single detached dwellings. The applicant's original submission has been altered to address neighbour's concerns which were raised at the neighbourhood open house held on February 1, 2010. Provincial Policy Statement The Provincial Policy Statement directs municipalities to facilitate different forms of residential intensification and encourages a mix of housing types. The proposed two unit dwelling is a form of residential intensification promoted by the Province. Planning Analysis Official Plan - 2 April 26, 2010 Council Minutes The property is designated Residential in the OP which permits a range of housing types. Low density forms of housing such as single detached, semi - detached, duplex and triplex dwellings provide the majority of residential accommodation in the City. New residential development is to be integrated to achieve compatibility and sensitivity with the surrounding development. The proposed semi - detached dwelling complies with the OP as follows: ► The dwelling is a form of housing that is promoted by the OP as low density. ► The lot is located at the edge of the residential neighbourhood adjacent to an arterial road. ► It provides a transition from the townhouses on the east side of St. Paul Ave. and the single detached dwellings along Giovina Dr. ► The revised design is compatible with the neighbourhood in terms of massing, setbacks and appearance and is consistent with surrounding properties in terms of coverage, setbacks and height. ► The dwelling has been designed to look like a single detached dwelling which should be complementary to existing single detached dwellings on the street. ► Municipal services and roads can support the additional dwelling unit. Zoning The requested R2 zoning permits semi - detached dwellings. The proposed dwelling meets R2 standards in terms of building height, setbacks and coverage. To ensure the dwelling is compatible with surrounding dwellings, the amending by -law should contain the following provisions to secure the proposed appearance: ► Each dwelling unit is to have a garage; the easterly unit may have a double car garage, with the westerly unit having a single car garage that is to be staggered back to reduce the garage's massing; ► The entrances to the dwellings are to be located with one facing onto Giovina Dr. and one facing onto St. Paul Ave. to give the appearance of a single detached dwelling. ► The applicant has requested a maximum width for the driveway of 9 m. rather than 8 m. It would still be less than 50% of the lot width leaving ample room for landscaping and snow storage. ► The R2 zone requires a corner lot frontage of 20 m (65.6 ft) to accommodate a semi - detached dwelling, whereas this lot has a frontage of 19.9 m (65.3 ft) The application requests 0.1 m (4 in) reduction in lot frontage, This will not impact on the surrounding neighbourhood. Conclusion The applicant has requested a zoning amendment to permit a semi - detached dwelling to be constructed on the property. This request can be supported for the following reasons: • The proposal represents a modest intensification of use as supported by Provincial policies; ► The dwelling is supported by the Official Plan in that it is a form of low density housing that is compatible with surrounding development; and ► The semi - detached dwelling will serve as a transition between the townhouses and commercial uses to the east and the dwellings to the west. • The dwelling will be compatible with surrounding dwellings in terms of form, massing and setbacks, in compliance with the recommended zoning regulations. Recommendation That Council approve the application to rezone the land to a site specific Residential Single Family and Two Family (R2) zone to permit the land to be used as a semi - detached dwelling, subject to the regulations addressed in Council Report PD- 2010 -35. Antonio Merante, 6240 Giovina Drive, owner of the dwelling adjacent to the property in question, is opposed to the proposed changes to the current zoning by -law. He would not have purchased the property if he had known a semi - detached dwelling was going to be permitted. Girolamo Figliomeni, 6338 Moretta Drive, felt that allowing a multi -res dwelling in this area would mean all residential subdivisions could end up with semi- detached dwellings. Tom Richardson, Sullivan Mahoney, representing the applicant, explained that the property was for the applicant and his parents. The surrounding homes are substantial and the semi - detached dwelling provides transition between the condo developments on St. Paul and the single residences in the subdivision. Mr. Richardson pointed out that the design was modified after the objections of the residents and now only two objectors remain. He pointed out that the changes in lot coverage and driveway width were minor deviations from existing zoning requirements. The Public Meeting was Closed. ORDERED on the motion of Councillor Thomson, seconded Pietrangelo that Council deny the zoning by -law amendment. Councillor Diodati Councillor loannoni Councillor Mayes Councillor Thomson Mayor Salci Background AYE NAYE AYE AYE AYE - 3 - April 26, 2010 Council Minutes Councillor Fisher Councillor Kerrio Councillor Pietrangelo Councillor Wing by Councillor AYE AYE AYE NAYE Motion Carried PD- 2010 -34 - AM- 38/2006, Zoning By -law Amendment Application, East Side of Drummond Road South of McLeod Road . Applicant: Mountainview Homes (Mountainview Inc.) Removal of a Holding (H) Symbol The Director of Planning and Development reviewed the recommendations and provided the following information. In 2007, Council approved Official Plan Amendment No. 81 and Zoning By -law No. 2007 -236 to permit the development of a residential community referred to as Thundering Waters Village on the subject lands. Zoning By -law No. 2007 -236 placed a holding (H) symbol on the land to prevent its development until the landowner or developer had submitted an assessment of industrial operations in the vicinity and a noise and vibration analysis. Planning Analysis Draft approval of a plan of vacant land condominium (July 2008) provided for 85 single detached lots and 31 townhouse units as well as a block of land for future condominium apartment dwellings. The (H) symbol was placed on the lands to ensure there are no adverse noise or air emissions impacts on the proposed residences from surrounding industries. To address the (H) symbol provisions, the applicant submitted a Sensitive Land Use Study (Senes Consultants, September 2008). The study concluded: ► there were no air quality impacts from the existing surrounding industries on the proposed residential uses; and ► any audible levels of noise to residents are within Ministry of the Environment guidelines. A warning clause has been inserted as a requirement in the condominium agreement with respect to audible noise levels. The Region has determined its requirements have been met. There are no further measures to be implemented on this matter, therefore the (H) symbol can be lifted. Conclusion To address the provisions of the holding (H) symbol the applicant has submitted the necessary studies which demonstrate the proposed residential uses will not be adversely impacted by surrounding development. Necessary warning clauses with respect to noise have been inserted into the condominium subdivision agreement. As the requirements of the holding provisions have been met to the satisfaction of the City and the Region of Niagara, the (H) symbol can be lifted. Recommendation The Public Meeting was Closed. 4 April 26, 2010 Council Minutes That Council pass the by -law appearing on tonight's agenda to lift the holding (H) symbol from the subject lands zoned Residential Single Family 1D Density (R1 D -804), Residential Mixed (R3 -805) and Residential Apartment 5F Density (R5F -806). Rick Brady, agent for the applicant, advised Council that his client is in support of the staff report and recommendations. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the report be approved as recommended. Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that PD- 2010 -31 be dealt with at this time. Carried Unanimously 5 April 26, 2010 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. PD- 2010 -31 - Proposed Downtown Community Gardens by the Agricultural Society of Upper Canada. The report recommends: 1. That the City offer the three described properties to the Agricultural Society of Upper Canada to be developed as community gardens in the Downtown area. 2. That the Agricultural Society of Upper Canada work together with the Downtown BIA to formulate a community garden that is satisfactory to both parties for one of the three properties being the parkette site at Valley Way and Queen Street. 3. An agreement be prepared which will outline the responsibilities of the Agricultural Society of Upper Canada for the proposed community garden sites. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the report be approved. Carried Unanimously F- 2010 -23 - Municipal Accounts. The report recommends that Council approve the municipal accounts totalling $41.052,402.45 for the period March 4, 2010 to April 7, 2010. F- 2010 -20 - Tax Receivables Monthly Report ( March). The report recommends that Council receive the Monthly Tax receivables report for information purposes. F- 2010 -21 - Cancellation, Reduction or Refund of Taxes. The report recommends that Council approve the cancellation, reduction or refund of taxes on the various accounts per the attached summary and granted to the property owners listed. F- 2010 -22 - Treasurer's Tax Write Off. The report recommends that the property tax accounts listed in Table 1 b written off and expensed in 2010. F- 2010 -25 - Low - Income Seniors' Water Rebate. The report recommends that Council approve the annual 2010 Low Income Seniors' Water Rebate program. MW- 2010 -22 - Consultant Appointment Chippawa Sanitary Sewer Flooding Relief Class Environment Analysis. The report recommends: 1. that CH2M Hill be directly appointed to complete the Class Environmental Assessment for the Chippawa Sewer Flooding Relief Analysis for an upset limit of $56,770.00. 2. That the Mayor and City Clerk be authorized to execute the necessary Consultant Services Agreement. ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the balance of reports on the Consent Agenda be approved as recommended. Carried Unanimously - 6 - MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci extended condolences to Tony Ruscitti, a city employee on the passing of his father, Angelo Ruscitti, and to former Fire Chief Peter Corfield on the loss of his wife, Barb Corfield. Mayor Salci advised of some recent events: April 15,2010 the city flags were lowered at half -mast to offer support to the Polish Community of Niagara in light of the recent tragedy suffered by Polish officials, the annual Hannah House breakfast, various events related to volunteer appreciation month and Green Week, an event started by the Mayors's Youth Advisory Committee. Mayor Salci advised of some upcoming event: the National Day of Mourning, Community Clean Sweep and the annual "Niagara Week" at Queen's Park. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Child Find Ontario - Request that the month of May be proclaimed as "National Missing Children's Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the request be approved as recommended. Carried Unanimously 2. The Motorcycle Ride for Dad - Request that the week of May 23r - 30 2010 as "Prostate Cancer Awareness" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the request be approved as recommended. Carried Unanimously 3. Niagara Falls Tourism - Support of any legislation change that permits single game sports wagering in government regulated casinos with limited geographic coverage. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the request be approved as recommended. 4. Boys and Girls Club - Requesting Council "remove the application of development charges" . RECOMMENDATION: Refer to staff for a report. ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that the request be referred to staff for a report. 5. Niagara Falls Humane Society - re: Request for an additional $25,000 for 2010 Animal Control /Poundkeeper Services, bringing the approved total to $477,542. RECOMMENDATION: For the consideration of Council April 26, 2010 Council Minutes Carried Unanimously Carried Unanimously ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that Council approve the additional amount ($25,000) and that the amount be taken from interest of the sale of the McLeod Road lands reserve account. Carried Unanimously 4. FS- 2010 -07 Rescue Truck Purchase -7 REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that the actions taken in Community Services Committee, on April 26, 2010 be approved. Carried Unanimously 1. The minutes of the April 12, 2010 meeting be approved. 6. PD- 2010 -05 CB &FIG- 2009 -008, 6032 -6036 Main Street That the Mayor and Clerk be authorized to execute the grant agreement. 7. PD- 2010 -06 CB &FIG - 2009 -009, 6022 -6026 Main Street April 26, 2010 Council Minutes 2. MW- 2010 -24 Weeping Tile Removal Assistance Program (WRAP) 1. That Committee authorize staff to proceed with Weeping Tile Removal Assistance Program (WRAP) as set out in this report. 2. That Committee recommend Council receive the report and approve the Weeping Tile Removal By -law listed later on the agenda. 3. FS- 2010 -06 Fire Communications Equipment That Council approve the expenditure of up to $73,453.39 for the installation of remote dispatch equipment at Fire Station 6 on Schisler Road as part of the new land mobile radio communications system for Niagara Falls Fire Services. That Council approve the purchase of a rescue truck from Asphodel Fire Trucks Ltd. at a cost of $182,423.37 (plus applicable taxes). 5. FS- 2010 -08 False Alarm Bylaw — Supplemental Report That Committee support changes to the False Alarm By -law implementation and direct staff to proceed with the proposed by -law changes. That Committee support the approval of the Commercial Building and Facade Improvement Grant for 6032 -6036 Main Street for up to $3,392.31 subject to the owners satisfying all the program requirements including all necessary City limits and entering into an agreement with the City. That Committee only support the approval of the Commercial Building & Facade Improvement Grant for 6022 -6026 Main Street if the owners remove the existing billboards from the roof of the building (6026 Main Street) and satisfy all other program requirements. If the billboards are removed from the top of the roof and other requirements are satisfied, that the Mayor and Clerk be authorized to execute the grant agreement. 8 - April 26, 2010 Council Minutes 8. TS- 2010 -26 Fort Erie Transit Service - Agreement Extension That the current agreement with the Town of Fort Erie for the provision of transit service be extended from April 25, 2010 through September 6, 2010. That the Mayor and City Clerk be authorized to execute the necessary agreements. 9. That the Committee recommend to Council approval of the bylaw for the loading zone on Queen Street and that the parties compensate the City for the loss of parking revenue. BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be given a first reading. Carried Unanimously 2010 -55 A by -law to establish Lot 141, Plan 323 as a public highway, to be known as and to form part of Third Avenue. 2010 -56 A by -law to establish Lot 22 and Lot 23, Plan 323 as a public highway, to be known as and to form part of Third Avenue. 2010 -57 A by -law to amend By -law No. 80 -114, being a by -law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. 2010 -58 A by -law to amend By -law No. 2007 -236, which amended By -law No. 79- 200, to remove the holding symbol (H) on the lands on the east side of Drummond Road, south of McLeod Road, to allow a residential condominium development. 2010 -59 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. 2010 -60 A by -law to amend By -law No. 2007 -37, a by -law to provide for appointments to certain Boards, Commissions and Committees. 2010 -61 A by -law to prohibit the connection of Weeping Tile (foundation drains) to the sanitary sewer system. 2010 -62 A by -law to authorize the payment of $41,052,402.45 for General Purposes. 2010 -63 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Loading Zones, Stopping Prohibited, Standing Prohibited, Parking Meter Zones). 2010 -64 A by -law to authorize certain capital works of the corporation of the City of Niagara Falls(the "Municipality "); to authorize the submission of an application to the Ontario infrastructure projects corporation ( "OIPC ") for financing such works and certain other ongoing works; to authorize temporary borrowing from OIPC to meet expenditures made in connection with such works; and to authorize long term borrowing for such works through the issue of debentures by the regional municipality of Niagara (the "upper -tier municipality ") to 01PC. 2010 -65 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 26 day of April, 2010. 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 Vacation Entitlement 9 Regional Council NEW BUSINESS April 26, 2010 Council Minutes ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that staff bring back a report on the Mayor's vacation entitlement. Carried Unanimously ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the Mayor and CAO make contact with their counterparts in St. Catharines and Fort Erie regarding a possible Inter - Municipal Committee on reducing the size of Regional government for next term. Carried Unanimously Cemeteries ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that staff report back on possibilities for increased revenue in the Cemeteries operation. Carried Unanimously ORDERED on the motion of Councillor Mayes, seconded by Councillor Kerrio that the meeting be adjourned at 8:30 p.m. Carried Unanimously DEAN IORFID CITY CLERK R.T. (TED) SALCI, MAYOR