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2011/01/17 FIRST MEETING REGULAR COUNCIL MEETING January 17, 2011 Council met on Monday, January 17, 2011 at 4:00 p.m. in Committee of the Whole in Committee Room #2. An In Camera session commenced at 6:25 p.m. Following consideration of the items presented, the In Camera Session did not report in open session. Council met for the purpose of considering Regular Business matters in Council Chambers at 6:55 p.m.. All members of Council were present. Councillor Gates offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Councillor Maves, seconded by Councillor Thomson that the minutes of December 13, 2010 be approved as amended. Carried Unanimously * * * ** DISCLOSURES OF PECUNIARY INTEREST Councillor Maves indicated a pecuniary interest with cheque no. 34370, made out to his place of employment. Councillor Kerrio indicated a conflict with report PD- 2010 -17 as he is on the Board of Directors and to PD- 2011 -05 as his business has a sidewalk cafe. Councillor Morocco indicated an indirect pecuniary interest to cheque no. 342514, made payable to her spouse. Councillor Pietrangelo indicated a conflict on report PD- 2011 -08, as his parents own land adjacent to the property; and cheque no. 34720 and a wire transfer made payable to his employer. * * * ** PLANNING MATTERS PD- 2011 -03, SBA - 2010 -003, Sign By -law Amendment Application. 3690 Portage Road. Owner: McCullough Dental Group. Permit an Electronic Video Sign that Exceeds the Regulations in the By -law The Director of Planning and Development reviewed the recommendations and provided the following information. Planning Analysis Official Plan Signs should not have a negative impact on the amenity of the area or create a distraction for vehicular traffic. The proposed sign is located toward the back of the building and away from Portage Road, lessening distractions for pedestrians and motorists. - 2 - January 17, 2011 Council Minutes Sign By -law Intent and purpose is to regulate signage for purposes of public safety and aesthetics and also to limit the size of electronic video signs. The proposed sign is to advertise only those services conducted on the property. The proposed sign: ► Replaces a wall sign and is positioned further away from Portage Road that the previous sign; • Faces onto an adjacent parking lot ► Is an update to sign technology Conclusion The proposed sign meets the intent of the Official Plan. The sign is located away from Portage Road and faces a parking lot; The proposed sign replaces a wall sign that previously existed. Recommendation That Council approve the Sign By -law amendment application to permit a fascia sign composed entirely of an electronic video screen on a dental office on the east side of Portage Road, south of Keith Street, to have a maximum sign area of 5.02 sq m with the condition that the sign not be used for third party advertising. The Public Meeting was Closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the report be approved as recommended. Carried Unanimously PD- 2011 -07, AM- 2010 -07, Zoning By -law Amendment Application. 4067 River Road and 4327 Ferguson Street. Applicant: Baljinder Singh.. Conversion of Existing Hotel into a Retirement Home. The Director of Planning and Development reviewed the recommendations and provided the following information. Background Applicant is proposing to convert the existing 96 room hotel on Parcel 1 into a retirement home and provide a portion of the required parking off -site. Requesting Parcel 1 be zoned Institutional (I) with site specific provisions recognizing the existing building and proposed gazebo, reducing the length of a loading space and permitting a portion of the required parking to be provided off -site. Requesting Parcel 2 be tied to Parcel 1 and the retain the Parking (P) zone with site specific standards for landscaping. Neighbourhood Open House Held on December 7, 2010 with 6 residents present. Generally of the opinion that the retirement home would have less of an impact than a tourist commercial use. - 3 - January 17, 2011 Council Minutes Residents noted concerns about the parking lot lighting and also backup of drainage on the off -site parking lot. Planning Analysis Official Plan Designated Tourist Commercial within the Whirlpool Satellite tourist district. Residential development can be considered if lands are in excess of demand. Complies with OP as follows: ► Conversion of these lands to residential does not impact on the inventory of lands available for tourist commercial uses. ► Height and massing of the hotel were originally designed to be compatible with the largely single detached residential neighbourhood. ► A retirement home is a residential type use which is compatible with surrounding residences. Zoning Site specific Institutional zoning would permit the proposed retirement home containing 96 living units. A retirement home is defined as "a residence providing accommodation primarily for persons or couples with limited physical disabilities brought on by age or other infirmity for which some degree of physical assistance is required and where each private living unit has a separate private bathroom and separate entrance from a common hall, but where common facilities for the preparation and consumption of food are provided, and common lounges, recreation rooms and medical care facilities may also be provided." A parking requirement of 0.6 parking spaces per living unit in a retirement residence is requested. Ratio has been used for other retirement residences in the City. A retirement home requires less parking than a hotel. Only the parking lot on Parcel 2 to be tied to the retirement home. A 2 m wide landscaped open space strip along street frontages is required. The applicant has requested this requirement be eliminated. A 1.5 m wide landscape strip is shown on the drawing. This should be the minimum buffer from the surrounding streets together with the existing decorative wall. The existing 2.5 m wide landscape strip at the rear of the property and the existing fencing should be recognized in the amending by -law. Deeming By -law Each parcel consists of several lots and part lots in a plan of subdivision If each of the parcel sis deemed to be no longer within the registered subdivision, they will be able to merge and be treated as two large parcels for zoning purposes. Conclusion - 4 - January 17, 2011 Council Minutes The request can be supported: ► The proposal conforms to the OP with respect to locating residential type uses on Commercially designated lands; ► The proposed retirement home will be compatible with surrounding residential lands and should have no negative impacts on surrounding tourist commercial uses; ► Parking for the hotel is already permitted off -site so continuation of this off -site parking to serve the retirement home is not expected to have increased impacts Recommendation That Council approve the application to rezone 4067 River Road (Parcel 1) from site specific Tourist Commercial (TC -420) to site specific Institutional (I) to permit the conversion of the hotel on Parcel 1 to a retirement home, with a portion of the required parking on Parcel 2, and to add site specific provisions to the Parking (P -240) zoning of 4327 Ferguson Street (Parcel 2). That Council pass two "deeming by- laws ", one by -law to deem Lots 24 and 25 and Part Lots 21, 22 and 23, Plan 996 (Parcel 1) to no longer be within the registered plan of subdivision and one by -law to deem Lots 10,11, 25 and 26, Plan 306 (Parcel 2) to no longer be within the registered plan of subdivision. Jim D'Angelo, agent for the applicant, was available to answer any questions of Council. 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 Miscellaneous Planning Matters 1. PD- 2011 -08 - Chief Administrative Officer - Appeal of the Committee of Adjustment Decisions, 8006 Biggar Road. Minor Variance. Applicant: Donato Pietrangelo (Agent: Brian Sinclair) The report recommends that Council authorize staff to continue the appeal to the Ontario Municipal Board regarding the Committee of Adjustments's decision to grant Consent Application B- 2010 -016 and Minor Variance Application A- 2010 -036. Brian Sinclair, agent for the applicant, indicated that this is a small parcel in area of similarly -sized parcels used for residential purposes. The property is unsuited for agricultural purposes. Mr. Sinclair indicated that the Committee of Adjustment unanimously approved the application. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that staff withdraw the appeal to the Ontario Municipal Board and look into appropriate amendments to the Official Plan regarding severances for small parcels in the rural area. Motion Carried with Councillor Wing opposed and Councillor Pietrangelo declaring a conflict. - 5 - January 17, 2011 Council Minutes 2. PD- 2011 -06 - 26T -11- 2009 -01 & 2009 -030, Fernwood Phase 3 Draft Plan of Subdivision, Zoning By -law Amendment Application. Lundy's Lane ( North Side), West of garner Road. Owner: 800460 Ontario Limited (Fred Costabile) NO. 2 - IOANNONI - KERRIO - THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby determines in accordance with Section 34 (17) of the Planning Act R.S.O., that the changes to the Draft Plan of Subdivision are minor in nature and do not require any further notice. Carried Unanimously The Director of Planning and Development reviewed the recommendations and provided the following information. Background Purpose of Application To rezone the lands and approve a plan of subdivision Current Zoning: Develop Holding (DH) Requested Changes: To rezone to Residential Single Family 1 E Density for the 96 single detached dwellings and a site specific Residential Low Density, Grouped Multiple Dwellings (R4) for 44 condominium townhouse units. Planning Analysis Provincial Matters - Highway 420 Alignment Until the future alignment of Hwy 420 is determined and the Order in Council lifted, further processing of this application is not recommended. Subdivision Design Lots 19 to 27 and Blocks 97 & 98 have been increased in depth by 3.0 m (9.8 ft) to provide an additional rear yard to protect the woodlot as it encroaches on the lands. Other lots internal to the subdivision have been adjusted to allow for this change. ZONING BY -LAW The portion of the woodlot affecting lots 19 to 27 and Blocks 97 & 98 are to be zoned EPA - 933 to the dripline. Structures are to be setback 5.0 m (16.4 ft) from the EPA zone. SUBDIVISION CONDITIONS Prior to any construction, a construction /silt fence is to be erected along the EPA boundary to protect the woodlot. A 1.2 m (4.0 ft) chain link fence is to be constructed along the lot line to prevent trespassing onto adjacent lands Conclusion The applicant has requested approval of a draft plan of subdivision and a zoning amendment to permit the development of a subdivision with 96 single detached lots and 2 blocks for townhouses (44 units in total). - 6 - January 17, 2011 Council Minutes ► The request is in keeping with the Official Plan and is generally supported by external agencies. This completes the Fernwood development approved at the OMB and represents good planning. ► However, the request cannot be recommended until such time as the Ontario Ministry of Transportation (MTO) has withdrawn the Ministerial Order, protecting the Highway 420 extension through the property. ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that Council approve the Fernwood Phase 3 Draft Plan of Subdivision with the conditions outlined in the staff report. Motion Carried with Councillor Wing, Morocco and Gates opposed MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati extended condolences to Sharon Fretz, a City employee, on the passing her mother and to Rachel Thorne, a Niagara Transit employee, on the passing of her husband Tim. Mayor Diodati updated Council on some recent events: the Team Canada rally at the Gale Centre and the annual New Year's Eve event at Queen Victoria Park . Mayor Diodati advised Council of a few upcoming events: Literacy Day and the Annual Sports Wall of Fame. ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that a letter of congratulations be sent to Team Canada for winning the Silver medal at the World Juniors. Carried Unanimously Councillor Gates left the Council Chambers. * * * ** COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Winter Festival of Lights - requesting approval for additional fireworks displays. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that the request be approved. Carried Unanimously Councillor Gates returned to the Council Chambers. * * * ** REPORTS Finance Matters 1. F- 2011 -04 - Chief Administrative Officer - Potential Senior Property Tax Credit The report recommends that a possible Senior's Property Tax Credit be referred to 2011 Budget deliberations. ORDERED on the motion of Councillor kerrio, seconded by Councillor Pietrangelo that the report be approved as recommended. Carried Unanimously - 7 - January 17, 2011 Council Minutes * * * ** Legal Matters 1. L- 2011 -01 - Chief Administrative Officer - Niagara Falls Humane Society, Postponement of Charge The report recommends that the City disagree to postpone its charge to the interest of the Niagara Falls Humane Society's bankers. ORDERED on the motion of Councillor Wing, seconded by Councillor Morocco that the City agree to postpone its charge to the interest of the Niagara Falls Humane Society's bankers. Carried Unanimously 2. L- 2011 -02 - Chief Administrative Officer - Boys & Girls Club of Niagara Postponement of Charge. The report recommends that the City decline to postpone its charge to the interest of The Boys' and Girls' Club of Niagara's bankers. ORDERED on the motion of Councillor Wing, seconded by Councillor Morocco that the City agree to postpone its charge to the interest of The Boys' and Girls' Club of Niagara's bankers. Carried Unanimously 3. L- 2010 -17 -Chief Administrative Officer - Niagara Convention and Civic Centre Inc. Lease and Operating Agreement Annual Shareholder Resolutions, Niagara Falls holding Corporation. The report recommends: 1. That Council approve the Lease and Operating Agreement attached to the execution By -law found in the by -laws section of the agenda; 2. That the Mayor and Clerk be authorized to execute the Lease and Operating Agreement; and 3. That staff take whatever steps required to implement the approval and direction given in paragraphs 1 and 2 above. ORDERED on the motion of Councillor Morocco, seconded by Councillor Gates that a percentage of cash flow be negotiated for the reserve fund contained in section 7.2.2. Motion Defeated with Councillors Wing, loannoni, Thomson, Mayes, and Pietrangelo opposed and Councillor Kerrio indicating a conflict. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the report be approved as recommended. Motion Carried with Councillor Morocco opposed and Councillor Kerrio indicating a conflict. * ** RATIFICATION OF COMMITTEE OF THE WHOLE COMMITTEE MATTERS ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the actions taken in the Committee of the Whole Committee, on January 17, 2011 be approved. Motion Carried with Councillor loannoni opposed to recommendation #2 in TS- 2011 -08 and Councillor Wing opposed to MW- 2011 -03 - 8 - January 17, 2011 Council Minutes 1. The Committee of the Whole minutes of the December 13, 2011 meeting be approved. 2) REPORTS: a) That the issue of chairmanship of the Committee of the Whole be deferred until the next meeting. b) MW- 2011 -05 DWQMS Roles and Responsibilities 1. That the report, presentation and associated documents be received and filed. c) MW- 2011 -02 Regional Niagara Waste Collection Contract Proposed Containerized Waste Collection 1. That Council support the recommendation at Regional Council to expand the multi -res bag limit to 12 bags or 1 bag per unit to a maximum of 12. 2. That Council refer the issue of containerized waste collection to staff for more information, including what's done in other municipalities. d) MW- 2011 -03 Niagara Falls History Museum Lundy's Lane Battlefield Legacy Project Update 1. That the City engage the consulting engineering services of R and R Associates Limited to complete the required Municipal Class Environmental Assessment (EA) for the Gateway /Walkway feature of the Lundy's Lane Legacy Project; and, 2. That $80,000 be allocated for the EA from the Lundy's Lane Historical Museum Expansion (Niagara Falls History Museum) project approved in the 2010 Capital Budget. e) R &C - 2011 -01 Leash Free Dog Park 1. That the development of a leash free dog park at Stamford Centre Volunteer Firemen's Association's park be approved in principle; 2. That Council refer the development of a leash free dog park to 2011 Capital budget process; 3. And that a Friends of Niagara Falls Leash Free Dog Park be developed to assist with fund raising. f) TS- 2011 -08 Transit Adjustments to Service the New Wal- Mart/Smart Centres Plaza - Oakwood Drive 1. That Council endorse the proposed transit route adjustment plan to service the new Wal- Mart/Smart Centres Plaza on Oakwood Drive and approve the TransCab Service for the Stanley Avenue South Corridor. 2. That the Transcab service be reviewed within a 6 -month period. - 9 - January 17, 2011 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. TS- 2011 -07 - RFP for On- Street Recycle Receptacle Bins and Pedestrian Barriers. The report recommends: 1. That Council award the contract for all on- street recycling receptacle bins and pedestrian barriers to Creative Outdoor Advertising for a period of five (5) years; 2. That the Mayor and Clerk be authorized to execute the necessary agreements. ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the report be approved. Carried Unanimously CD- 2011 -01 - Municipal Election Accessibility Report. The report recommends that Council receive the Post Election Accessibility report for information purposes. F- 2011 -01 - Municipal Accounts. The report recommends that Council approve the municipal accounts totaling $25,017,460.83 for the period November 25, 2010 to December 29, 2010. F- 2011 -02 - 2011 Interim Tax Levy. The report recommends that Council approve the 2011 Interim Tax Levy calculation and by -law providing for the 2011 Interim Tax Levy. F- 2011 -03 - Major Receivables Monthly (November). The report recommends that Council receive the Monthly Receivables report for information purposes. PD- 2011 -02 - Application to Regional Niagara for Funding under their Public Domain Incentives Program. The report recommends that Council approve the associated resolution, listed under the resolution section of the agenda, requesting funding assistance from the Regional Municipality of Niagara of $100,000 under their Public Domain Incentives Program to assist in carrying out streetscape improvements for Downtown in 2011. PD- 2011 -04 - Partnering with Regional Niagara on a Residential Loan for Renaissance Retirement Suites Complex at 5698 Main Street, Dr. Nick Vaccaro. The report recommends that Council request the Region of Niagara to partner in providing a $500,000 Residential Loan for a 102 Retirement Home Complex located within the Historic Drummondville CIP Area. PD- 2011 -05 - Review of Rates for Sidewalk Cafes. The report recommends: 1. That based upon the ongoing road and streetscape construction within the Downtown and Historic Drummondville CIP areas that the lease rate for outdoor cafes be waived in 2011. 2. That a new lease rate for sidewalk cafes be applied within the Downtown and Historic Drummondville CIP areas of $10.00 per square metre in 2012. TS- 2011 -02 - Oakwood Drive - Parking Review. The report recommends: 1. That a stopping prohibition be established on both sides of Oakwood Drive between a point 120 metres north of McLeod Road to a point 120 metres south of McLeod Road. - 10 - January 17, 2011 Council Minutes 2. A standing prohibition be established on the east and west sides of Oakwood Drive between a point 120 metres south of McLeod Road to a point 145 metres south of McLeod Road for a Niagara Falls Transit bus stop. 3. That a stopping prohibition be established on both sides of Oakwood Drive between a point 145 metres south of McLeod Road to a point 900 metres south of McLeod Road. 4. That the bike lanes on both sides of Oakwood Drive be designated by municipal bylaw. TS- 2011 -05 - Finlay Avenue at Symmes Street - Intersection Control Review. The report recommends that a stop sign is installed facing northbound motorists on Finlay Avenue at Symmes Street. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that the remainder of the reports on the consent agenda be approved. Carried Unanimously with Councillor Kerrio declaring a conflict on PD- 2011 -05. * * * ** RESOLUTIONS NO. 03 - IOANNONI - THOMSON - THEREFORE BE IT RESOLVED that the City of Niagara Falls attests that it will continue to contribute its share of the required funding for the Infrastructure Stimulus Fund (ISF) and the Recreational Infrastructure Fund (RInC). Carried Unanimously NO. 04 - IOANNONI - THOMSON - THEREFORE BE IT RESOLVED that the Council of Corporation of the City of Niagara Falls supports an application to Regional Municipality of Niagara for funding under the Public Domain Incentives Program for the Public Realm Improvements for the Downtown C.I.P. area. Carried Unanimously NO. 05 - IOANNONI - THOMSON - THEREFORE BE IT RESOLVED that the Council of Corporation of the City of Niagara Falls supports an application to Regional Municipality of Niagara for the various Combined Sewer Overflow projects Carried Unanimously NO. 06 - IOANNONI - THOMSON - THEREFORE BE IT RESOLVED that the Niagara Music &Arts Expo in Downtown Niagara Falls in February and March, 2011 is a community festival deserving of City Council support. NO. 07 - IOANNONI - THOMSON - THEREFORE BE IT RESOLVED that Niagara Falls City Council supports a stadium endorsement for all events to be held in the 1,000 seat theatre at the Scotiabank Convention centre. Carried Unanimously NO. 08 - IOANNONI - WING - THEREFORE BE IT RESOLVED that the City of Niagara Falls supports the request of Kim Craitor, M.P.P. calling on the Provincial government to appoint an independent investigator to conduct a review of the management of the Niagara Heath System. Carried Unanimously * * * ** - 11 - January 17, 2011 Council Minutes BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the by -laws be given a first reading. Motion Carried with Councillor Morocco opposed to 2011 -04 and 2011 -11 2011 -01 A by -law to amend By -law No. 2008 -224, being a by -law to prohibit or regulate the placing or erecting of signs, notices, and advertising devices on public and private property within the City of Niagara Falls. (SBA- 2010 -003) 2011 -02 A by -law to provide for the adoption of Amendment No. 98 to the City of Niagara Falls Official Plan. (OPA No. 98) 2011 -03 A by -law to amend By -law No. 79 -200, to permit a residential condominium development within an existing golf course and to repeal By -law No. 2007- 236. (AM- 2010 -018) 2011 -04 A by -law to amend By -law No. 79 -200, to guide the development of the Fernwood Phase 3 plan of subdivision on the Lands. (AM- 2009 -030) 2011 -05 A by -law to amend By -law No. 395,1966, to permit a single family dwelling on the Lands to be used as a tourist home and to repeal By -law No. 2009- 63. (AM- 2010 -019) 2011 -06 A by -law to amend By -law No. 79 -200, to permit an apartment building. (AM- 2010 -021) 2011 -07 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. 2011 -08 A by -law to provide an interim levy of realty taxes. 2011 -09 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Speed Limits on Highways - Part 3 (70 km /h) 2011 -10 A by -law to authorize the payment of $25,017,460.83 for General Purposes. 2011 -11 A by -law to authorize the execution of a Lease and Operating Agreement with Niagara Convention and Civic Centre Inc., respecting the lease and operation of the Niagara Convention and Civic Centre. 2011 -12 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 17 day of January, 2011. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the by -laws be read a second and third time and passed. Motion Carried with Councillor Morocco opposed to 2011 -04 and 2011 -11 * * * ** NEW BUSINESS Letter of Congratulations ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that a letter of thanks be sent to John and Shelley MacBain -- Cecchin for their donation to Family & Children's Services (FACS) Capital Campaign and a letter of congratulations to the fundraising committee of Ann Louise Branscombe, Janie Palmer and Anne Kemp. Carried Unanimously * * * ** - 12 - January 17, 2011 Council Minutes Rainbow Bridge ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that a letter of support for a left -hand turn off the Rainbow Bridge be sent to the Bridge Commission Carried Unanimously Tax Arrears ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that staff come back with a report to determine an appropriate interest rate on tax arrears. Carried Unanimously Anti - feeding By -law ORDERED on the motion of Councillor Wing, seconded by Councillor Thomson that staff develop an anti - feeding by -law. Carried Unanimously Household Pets ORDERED on the motion of Councillor Wing, seconded by Councillor Kerrio that staff investigate changes in the number of permitted cats and dogs under the Animal Control By -law. Carried Unanimously * * * ** ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes that the meeting be adjourned at 10:10 p.m. Carried Unanimously DEA IORFID , CITY CLERK JAMES M. DIODATI, MAYOR