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2010/11/08 SIXTEENTH MEETING REGULAR COUNCIL MEETING Council Chambers November 8, 2010 Council met on Monday, November 8, 2010 at 7:05 p.m. for the purpose of considering Regular Business matters. All members of Council, except Councillor loannoni, were present. Councillor Kerrio offered the Opening Prayer. * * * ** ADOPTION OF MINUTES ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the minutes of October 4, 2010 be approved as recorded. Carried Unanimously * * * ** DISCLOSURES OF PECUNIARY INTEREST Councillor Wing indicated a conflict to F- 2010 -57, one of the properties listed is under her ownership. Councillor Thomson indicated a pecuniary interest to cheque no. 340162, a rebate to a member of his family. Mayor Salci indicated a pecuniary interest to cheque numbers 340024 and 340602, made payable to himself. Councillor Maves indicated a conflict to PD- 2010 -89, as he was on the circulation list. * * * ** DEPUTATIONS /PRESENTATIONS Niagara Falls Community Outreach Renni Piscitelli, Fundraising Chair, made a brief presentation informing Council that Niagara Falls Community Outreach is celebrating its 25th Anniversary this year and the services the operation provides. Vittoria Wikston, Volunteer, made a presentation on the on -going capital campaign and Verna Craig, outlined the facility needs. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the issue of the Niagara Falls Community Outreach capital campaign be referred to staff to investigate how the City may assist the organization. Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the Council proclaim Community Outreach Week. Carried Unanimously - 2 - November 8, 2010 Council Minutes Business Recognition Mayor Salci recognized the following businesses for their years of service in the community. Tricast Bronze - 25 years Niagara Industrial Mall - 25 years Americana Conference Resort - 25 years Joe Salvatore Electrical & Mechanical Inc. - 25 years Niagara Helicopters Limited - 25 years Micron Installations Limited - 25 years Beatties Basics - 30 years (Niagara Falls) 150 years (Niagara Region) The Camera Place - 50 years Saint - Gobain Ceramic Materials Canada Inc. - 100 years Young's Insurance - 100 years PLANNING MATTERS PD- 2010 -89 - AM- 2010 -017, Zoning By -law Amendment Application. 6970 Mountain Road. Applicant: Mountain Park Church. Proposed Recreational Use Within an Existing Place of Worship. The Director of Planning and Development reviewed the recommendations and provided the following information. Background An amendment is requested for 0.79 ha (2 ac) parcel of land known as 6970 Mountain Road to permit a recreational use (a commercial children's playground) in the basement of the existing place of worship. The land is currently zoned Institutional with site specific parking standards. (1 space /5 persons occupancy for religious services or 1 space /12.2 sq. m. of floor area for ancillary uses) The applicant is requesting: ► a new site specific Institutional zone to add a recreational use to the list of uses permitted on the property; and ► a modified parking standard (1 space /5 persons occupancy for religious services or 1 space /40 sq m of floor area for a recreational use and 1 space /12.2 sq m of floor area for other ancillary uses). A Neighbourhood Open House was held on September 21, 2010 which was attended by one neighbouring resident whose dwelling backs onto the site's parking lot. The resident had no concerns with the proposed use, but expressed concern as he had an agreement with the church for occasional access to the rear of his property and was concerned about any new curbing or fencing that would interfere with this access. Planning Analysis Official Plan The property is designated Residential by the Official Plan. Residential lands are intended to be developed primarily with a variety of residential dwellings. Complementary uses, such as places of worship, recreational and community facilities and neighbourhood commercial uses may be considered where they are compatible with - 3 - November 8, 2010 Council Minutes surrounding properties and conveniently and appropriately located to serve area residents. The proposed recreational use complies with the OP as follows: ► The recreational use is a facility that will serve the surrounding community This use will be subordinate to the main place of worship use of the property. ► The land has been used for a place of worship for many years and is compatible with surrounding properties. The proposed use will be contained within the existing building and there will be no changes to the exterior of the building or site. Existing buffering and fencing will remain. The addition of the recreational use is not expected to impact on surrounding residences. ► The site is accessed from an arterial road which is planned to carry large amounts of traffic. The proposed use is not expected to generate sufficient traffic to impact the surrounding residents. Zoning The requested site specific Institutional zoning would add a Recreational use to the list of permitted uses on the site. The operation of an indoor facility providing climbing apparatus, slides and other children's play equipment would fall under the definition of a recreational use. The facility will provide for children's parties and gatherings for a fee. To ensure the recreational use remains subordinate to the place of worship, the implementing by -law should limit the floor area to 500 sq. m. The existing site specific zoning provides a shared parking formula which allows parking to be provided either for the area dedicated for religious services or the ancillary areas, whichever is greater, recognizing that a place of worship's sanctuary and ancillary areas are typically used at alternate times. The applicant has requested the shared parking formula be amended to allow parking to be provided either for the place of worship or for the recreational use and other ancillary floor areas. There is sufficient parking on the site to accommodate the recreational use. Conclusion The applicant has requested a zoning amendment to permit a recreational use (a commercial children's playground) within the existing place of worship. This request can be supported because: ► The Official Plan permits ancillary uses in residential areas including places of worship and recreational facilities. ► Provided the floor area of the recreational use is limited to 500 sq. m. , the use will remain ancillary to the existing place of worship use and should not cause additional impacts on surrounding residents. ► The modest amount of traffic generated by the proposed use is not expected to impact on surrounding residents. - 4 - November 8, 2010 Council Minutes Recommendation That Council approve the application to amend the site specific Institutional (1 -203) zone which applies to the land to permit a recreational use with a maximum floor area of 500 sq. m. within the existing building, subject to the provision of parking as outlined in the Staff report. Pastor Herm Plett of the Church was in support of the staff report and available if there were any questions of Council. The Public Meeting was Closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the report be approved as recommended. Carried Unanimously with Councillor Maves declaring a conflict. * * * ** MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci offered condolences to the family of Stan Cade, retired city employee, who recently passed away. Mayor Salci advised of the upcoming Santa Claus Parade and indicated that the Terry Fox Run had its' largest turnout ever. On behalf of Council, Mayor Salci thanked Councillor Fisher for her commitment to her role as elected representative for the people of Niagara Falls. Councillor Fisher represented the residents from 1992 -2003 and 2006 to 2010. Mayor Salci presented Councillor Fisher with a plaque. Mayor Salci took a moment to make some comments reflecting on his time spent as Mayor. He acknowledged the residents and said what an honour and privilege it was to serve the people of Niagara Falls. He stated that this Council had achieved much together and are the envy of the Region. Mayor Salci wished the next Council and the new Mayor all the best in their efforts in keeping the best interests of our citizens at heart and that they will do their best as they continue in important work of local government. Mayor Salci thanked the very capable staff at City hall for their dedication to the municipality and to his family for their commitment to him while he served the people of Niagara Falls. On behalf of Council, Councillor Pietrangelo presented Mayor Salci with a small token of their appreciation and plaque representing his years of service to the City. * * * ** COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. World Planning Day - Memo from the Director of Planning requesting that November 8, 2010 be recognized as "World Planning Day." RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the communication be approved. Carried Unanimously - 5 - November 8, 2010 Council Minutes 2. Beaver Valley Way Residents - Request for Speed bumps to be placed on Beaver Valley Way. RECOMMENDATION: Refer to Staff ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that staff be directed to install the appropriate speed humps. Carried Unanimously 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 Committee, on November 8, 2010 be approved. Carried Unanimously 1) The Community Services minutes of the October 4, 2010 meeting be approved. 2) REPORTS: a) PD- 2010 -90 Proposed Street Name Change Sophia Avenue to Ives Avenue 1. That Council direct staff to initiate proceedings to change the street name from, Nordic Gate to Ives Gateway b) R &C- 2010 -22 Gale Centre Agreements with the Junior B's and Junior C's 1. That Council approve the Russell Masterson Athletic Association and the Chippawa River Hawks agreements for their respective use of the Gale Centre facilities and amenities. 2. That the Mayor and Clerk be authorized to execute the agreements. c) F -2010 -62 Boys and Girls Club ISF Capital Project Update That Council defer the Regional Development Charges, provide a grant of $22976 equal to the additional City Development Charges and waive the requirement of Letter of Credit for the Site Plan, on the understanding that any deficiencies will come out of future grants to the Club. d) MW- 2010 -65 Historic Drummondville Area Municipal Improvements 1. The contract be awarded to the lowest bidder Alfidome Construction Ltd. at the tendered price of $4,651,338.75. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. e) PD- 2010 -85 Downtown Infrastructure Revitalization Project Phase 2 1. That Council approve the implementation of Phase 2 of the Downtown Infrastructure Revitalization Project, in accordance with the priorities outlined in this report at a total cost of $2.278 million. - 6 - November 8, 2010 Council Minutes 3) NEW BUSINESS: 1. That staff bring back a report on the staffing and building deficiencies at the new Gale Centre. * * * ** 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. F- 2010 -57, 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 -58, Monthly Tax Receivables Report. The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F- 2010 -59, Municipal Accounts. The report recommends that Council approve the municipal accounts totalling $39,587,999.56 for the period September 2, 2010 to October 20, 2010. L- 2010 -15, Renewal of Lease Agreement with Niagara Falls Bridge Commission. The report recommends: 1. That the City enter into a joint Lease Extension Agreement with The Regional Municipality of Niagara (the "Region ") and the Niagara Falls Bridge Commission (the "Bridge Commission ") with respect to the lease of the premises located on Buttrey Street and described as Part of Part 4 on Reference Plan 59R- 11659, Niagara Falls (the "demised premises ") and; 2. That the Mayor and Clerk be authorized to execute said Lease Extension Agreement. MW- 2010 -66, Research Partnership, Univ. of Waterloo, Drinking Water & Wastewater. The report recommends that City Council support the University of Waterloo research proposal on the Optimal Strategies for the Financially Sustainable Management of Drinking Water and Wastewater Networks through a $60,000 funding commitment over a three year period and other in -kind contributions. MW- 2010 -62, Tender - Armoury Street and Fourth Avenue Road Reconstruction, Watermain Contract. The report recommends: 1. The contract be awarded to the lowest bidder at the tendered price of $389,292.87. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. - 7 - November 8, 2010 Council Minutes PD- 2010 -88, CB & FIG - 2010 -006, RG- 2010 -001 & RBL- 2010 -003, Commercial Building & Facade Improvement Grant Application, 4617 -4619 Crysler Avenue. The report recommends: 1. That Council approve the Commercial Building & Facade Improvement Grant, the Revitalization Grant and the Residential Loan applications for 4617 -4619 Chrysler Avenue subject to the owner satisfying the program requirements including the entering into agreements with the City and obtaining any necessary permits. 2. That the Mayor and Clerk be authorized to sign and execute the agreements. PD- 2010 -59, Revised - AM-2009-024, OPA No. 96, New Environmental Policies for the City of Niagara Falls. The report recommends: 1. That Council adopt the new and updated Environmental Policies to the Official Plan as modified in response to public input. 2. That the amendment be forwarded to the Niagara Region for approval. R &C- 2010 -21, 2010 Sports Wall of Fame Inductees. The report recommends that Council approve the 2010 Sports Wall of Fame Inductees for the January 30, 2011 Induction Ceremony. TS- 2010 -50, Toys for Tickets Campaign. The report recommends that the continuation of "Toys for Tickets" program with collected toys donated to Project S.H.A.R.E. and the Salvation Army, be approved. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the reports be approved. Carried Unanimously with Councillor Wing indicating a conflict with the aspect of F- 2010 -57 pertaining to her property. RESOLUTIONS NO. 25 - KERRIO- MAVES. - THEREFORE BE IT RESOLVED that Niagara Falls City Council approves an application to the Rural Economic Development (RED) Program for the Downtown Streetscape and Beautification Project. Motion Carried with Councillor Wing opposed. * * * ** 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- 155 A by -law to establish Part 4 on Reference Plan 59R -14358 as a public highway, to be known as and to form part of Grouse Lane. 2010 -156 A by -law to amend By -law No. 79 -200, to recognize the existing dwelling on the Lands, subject to specific building setbacks, and the width of the driveway. (AM- 2010 -015) 2010 -157 A by -law to provide for the adoption of Amendment No. 96 to the City of Niagara Falls Official Plan. (OPA No. 96) - 8 - November 8, 2010 Council Minutes 2010 -158 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 OIPC. 2010 -159 A by -law to authorize the payment of $39,587,999.56 for General Purposes. 2010 -160 A by -law to authorize the execution of a Licence Agreement with the Chippawa Jr. "C" Hockey Club respecting the Chippawa Jr. "C" Hockey Club's licence to operate from the Gale Centre. 2010 -161 A by -law to authorize the execution of a Licence Agreement with The Russell Masterson Amateur Athletic Club respecting The Russell Masterson Amateur Athletic Club's licence to operate from the Gale Centre. 2010 -162 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 8 day of November, 2010. * * * ** ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that the meeting be adjourned at 8:30 p.m. Carried Unanimously * * * ** Ikou DEAN IORFI , CITY CLERK 4 - R.T. (TED) LCI, MAYOR