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2005/11/21TWENTY- SECOND MEETING REGULAR COUNCIL MEETING ADOPTION OF MINUTES DISCLOSURES OF PECUNIARY INTEREST Committee Room 2 November 21, 2005 Council met on Monday, November 21, 2005 at 8:00 p.m. for the purpose of considering Regular /Planning Business matters. All members of Council with the exception of Alderman Selina Volpatti were present. Alderman Carolynn loannoni offered the Opening Prayer. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati that the minutes of November 7, 2005 be approved as printed. Carried Unanimously Alderman Wing indicated that she had a conflict with the sections of report PD- 2005-95 that pertain to the Niagara Parks Commission because she owns property with a Niagara Parks employee. PLANNING MATTERS Chief Administrative Officer: Reconsideration of Decision, Zoning By -law Amendment Application AM- 20/2005, Dorchester Road (East Side)/ 6846 Frederica Street, Applicant: Peter S. Lesdow, Proposed Townhouse Development and Existing Church. ORDERED on the motion of Alderman loannoni, seconded by Alderman Morocco that this application be deferred to the December 5, 2005 meeting. Carried Unanimously PD- 2005 -93 Chief Administrative Officer: Public Meeting, Zoning By -law Amendment Application AM- 25/2005, 5056 Montrose Road. Applicant: Angelo Marino Proposed Convenience Commercial Use and Recognition of a Residential Dwelling. The report recommends that Council approve the request to recognize one of the two Existing second floor residential units as an accessory use to principal uses permitted on the land; and approve the request to allow a retail store on the property, but only on a temporary basis though the passage of a three (3) year temporary use by -law. The Clerk advised that a public meeting is now being convened to consider a proposed amendment to the City's Zoning by -law to permit a Proposed Convenience Commercial Use and Recognition of a residential dwelling. He advised that Notice was given by First class mail, in accordance with the Planning Act on Friday, October 21, 2005 and by posting a sign on the property in question. He informed that anyone wishing to receive notice of the passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, should leave their names on the sign -in sheets outside the Council Chambers. The Director of Planning and Development reviewed the recommendations and provided the following information. Background 2 November 21, 2005 The owner previously filed a Zoning By -law amendment application in 1994 to permit a dance studio on the ground floor and a residential dwelling unit above. Council approved the application, however, the applicant did not pursue the adoption of an amending by -law. The current application is similar in nature to Council's previous approval. Planning Analysis Official Plan and Secondary Plan The property is designated Industrial in the Official Plan. The east side of Montrose is primarily developed for Industrial purposes. Limited convenience commercial outlets may be permitted where they are dedicated to serving the industrial district. The Northwest Secondary Plan designates lands directly across the street from the subject lands for a large neighbourhood shopping plaza. However, this planned commercial facility, is still unbuilt and there are limited convenience commercial outlets to serve the area. This proposal to locate a store on the subject lands would serve as an interim use. Consideration should be given to approving the commercial use of the property by way of a temporary use by -law. Zoning The requested Zoning By -law amendment to permit a retail store on this industrial zoned property should be considered on a temporary basis only. The City's planning program provides for a neighbourhood commercial facility on the west side on Montrose Road to serve the surrounding area. It would not be appropriate to approve a permanent convenience commercial store on this site in light of the planned neighbourhood centre directly across the street. The building could be converted to an industrial use, in accordance with the zoning, once the retail store operation ceases. The site is appropriate for this temporary use because parking exceeds by -law requirements and adequate access is provided to Montrose Road and the Regional Recycling Facility driveway, which is signalized. One of the two residential units on the upper level is intended to be decommissioned as a dwelling unit. The other residential unit can be legally recognized through zoning as an accessory use to the ground floor use. Conclusion The requested convenience commercial retail store can be supported as a temporary use. This would provide a convenience commercial outlet for the neighbourhood on an interim basis until the planned neighbourhood plaza across the street is constructed. Recognizing a residential dwelling unit on the second floor as an accessory use to the ground floor commercial or industrial outlet would not impact on surrounding industrial operations. 3 November 21, 2005 Residential uses on the property have existed for many years. While new residential units would typically not be permitted, recognizing an existing residential use is considered appropriate. Recommendation: It is recommended that Council: 1) Approve the request to recognize one of the two Existing second floor residential units as an accessory use to principle uses permitted on the land; and 2) Approve the request to allow a retail store on the property, but only on a temporary basis through the passage of a three (3) year temporary use by -law. Michael Allen, agent for the applicant, advised that he had gone through the planning report and he acknowledges all the recommendations. ORDERED on the motion of Alderman loannoni, seconded by Alderman Diodati, that Council approve the report as recommended. Carried Unanimously PD- 2005 -92 Chief Administrative Officer: Public Meeting, Zoning By -law Amendment Application AM-26/2005, 4610 Ferguson Street. Applicant: Christopher J. Johns, Recognize Two Existing Dwelling Units. The report recommends that Council approve the Zoning By -law amendment application to recognize the two existing dwellings on the land and prior to the passage of the amending by -law, the applicant pay the full Urban, City and Regional Development Charges as required for the previous conversion of the former tradesman shop; and the appropriateness of current land use designations and zoning in the subject area be further evaluated through the Pilot Project Area land use study. The Clerk advised that a public meeting is now being convened to consider a proposed amendment to the City's Zoning by -law to Recognize two Existing. He advised that Notice was given by First class mail, in accordance with the Planning Act on Friday, October 21, 2005 and by posting a sign on the property in question. He informed that anyone wishing to receive notice of the passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, should leave their names on the sign -in sheets outside the Council Chambers. Background There are two dwelling units on the property. The principal dwelling unit is a legal non- conforming use. A former tradesman shop was converted to a second dwelling unit without a building permit prior to 1995. Council passed a temporary use by -law in 1995 to permit the second dwelling unit for a 3 year period. Extensions were granted in 1999 and 2002. The last temporary use by -law has expired. The applicant is now seeking to have the two dwelling units permanently recognized in the Zoning By -law. Planning Analysis Official Plan The Official Plan designates lands on the south side of Ferguson St. as Industrial. Despite this designation, the subject lands and lands along the south side of Ferguson St. form part of a small residential enclave. The OP contains policies which recognize situations where Existing development may not comply with the OP land use designations. Where such development is stable and generally compatible with surrounding complying uses, Council may zone such lands to properly recognize the existing uses. In this particular situation, the rezoning of the subject lands for residential purposes is appropriate as the cluster of houses along the south side of Ferguson St. have existed for many years and industrial uses in the area are not impacted by the houses. Zoning The subject lands are currently zoned Industrial, with a temporary provision which recognizes the conversion of a former tradesman shop into a residential dwelling. Rezoning the subject lands to residential is appropriate for the following reasons: The R2 zoning being applied for is the same zoning which exists on the north side of Ferguson St. Ample parking and landscaping are provided on the site which is characteristic of the other residential properties on the neighbourhood. The subject lands have been occupied by two residential dwellings for many years without any adverse impacts. Conclusion The proposed rezoning application recognizes a long- standing situation where a small enclave of houses exist in an area designated for industrial development. Industrial development along the south side of Ferguson St. is not imminent. Residential houses in the area are stable and are compatible with the surrounding area. Recommendation It is recommended that: 4 November 21, 2005 1) Council approve the Zoning By -law amendment application to recognize the two existing dwellings on the land; 2) Prior to the passage of the amending by -law, the applicant pay the full Urban, City and Regional Development Charges as required for the previous conversion of the former tradesman shop; and 3) The appropriateness of current land use designations and zoning in the subject area be further evaluated through the Pilot Project Area land use study. The applicant had no additional comments. ORDERED on the motion of Alderman Morocco, seconded by Alderman Diodati that Council approve the report as recommended. Carried Unanimously It is recommended that this report be received for information. 5 November 21, 2005 PD- 2005 -95 Chief Administrative Officer: Modifications to the Niagara Falls Official Plan. The Clerk advised that a public meeting is now being convened to consider modifications to the Niagara Falls Official Plan. Notice of the Public meeting was given in accordance with the Regulations, by publishing a notice in the Niagara News on Wednesday, October 19, 2005 and the Niagara Falls Review, Welland Tribune, and Niagara Shopping News on Saturday, October 22, 2005, and by prepaid first class mail on Friday, October 21, 2005 to various commenting agencies. ORDERED on the motion of Alderman Kerrio, seconded by Alderman loannoni that Council approve the report as recommended. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENT Mayor Salci advised that a letter of condolence was sent to the family of the late Anthony Diodati. Mayor Salci advised of some recent events: Nov. 11 2005 the Remembrance Day Service was held at the Niagara Falls Memorial Arena, Nov. 12' was the WFOL Veterans Tribute Parade, Nov. 16 the New Years Eve Announcement was held, Nov. 18 was the Ribbon cutting for the Responsible Gaming Info. Centre and on Nov. 21s was the Provincial Budget Consultation. Mayor Salci advised of an upcoming event, Nov. 22, 2005 the Youth Appreciation Awards will be held at the Optimist Club. Mayor Salci mentioned the recent rescue of a trapped construction worker and commended all who were involved in the rescue. He also acknowledged Andre Lemieux, who competed in the World Karate Championships. Andre finished fifth in the championships and is a member of Team Canada's Karate Team. AND- AN D- COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Sobey's Ontario Application for Tourism Exemption regarding Holiday openings Commisso's Food Market, 3714 Portage Road, Niagara Falls, ON AND Letter from City Clerk. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Alderman Kerrio, seconded by Alderman Morocco to support the application. Carried Unanimously with Alderman Diodati declaring a conflict. 2. Central Veterans Association Requesting that all vehicles bearing the "Veteran" license plate are permitted free parking at city metres and parking areas on a permanent basis. Memo from Karl Dren, Manager of Traffic and Parking Services. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Alderman Morocco, seconded by Alderman Kerrio that the request be approved. Carried Unanimously 3. Tom Saks, Renaissance Fallsview Noise concern from My Cousin Vinny's restaurant. -AND Memo from City Clerk. RECOMMENDATION: For the Information of Council. 6 November 21, 2005 ORDERED on the motion of Alderman Morocco, seconded by Alderman Wing that a publication be put in the paper advising the public that the Noise By -law will be enforced with zero tolerance in 2006. Carried Unanimously 4. Regional Council Review Committee Regional Council is undertaking a review of the function of planning, a Review Committee is being established, would a member of Niagara Falls City Council be interested to sit on this committee? RECOMMENDATION: For the Decision of Council. ORDERED on the motion of Alderman Campbell, seconded by Alderman Kerrio that Council endorse Alderman Morocco to sit on the Regional Council Review Committee. Carried Unanimously Additional Items for Council Consideration: 1. Ontario March of Dimes Requesting that December 3, 2005 be declared as International Day for Disabled Persons in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Alderman loanonni, seconded by Alderman Pietrangelo that the request declaring December 3 as International Day for Disabled Persons in the City of Niagara Falls be approved. Carried Unanimously REPORTS CLERKS MATTERS CS- 2005 -11 Chief Administrative Officer 2006 Council Schedule. The report recommends that Council pass the by -law appearing on tonight's agenda adopting the attached schedule for 2006. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Diodati to approve the report as recommended. Carried Unanimously FINANCE MATTERS F- 2005 -54 Chief Administrative Officer Federal Gas Tax Revenue. The report recommends that Council authorize the Mayor and City Clerk to execute the agreement for the receipt of the Federal Gas Tax Revenue. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Morocco to approve the report as recommended. Carried Unanimously 7 November 21, 2005 RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco that the actions taken in Community Services Committee, earlier this evening be approved. Motion Carried with Alderman Wing and loannoni opposing report MW- 2005 -126, Space Needs City hall. 1) That the minutes of the November 7, 2005 meeting be approved. 2) That staff contact Loblaws to request clarification of Mr. Priamo's statement from the October 18 Council meeting with regards to no works beginning until after road improvements take place on Dorchester Road. 3) That the existing no parking restriction at all times on both sides of High Street between Highland Avenue be extended to Glenholme Avenue. 4) That the existing "parking restriction" on the east side of May Avenue be extended to Terrace Avenue. 5) That the City enter into a one -year lease with two one -year options at the approval of Council for space in the Acres Building to satisfy space needs as a short term solution until the completion of the Downtown Strategic Implementation Plan. 6) That 2 hour free parking at On- Street Parking Metres and On- Street Pay and Display Machines in the Downtown Core, during the month of December be approved. 7) That the draft Niagara Falls City -Wide Brownfield Community Improvement Plan Pilot Project Area Study be forwarded to the Ministry of Municipal Affairs and Housing. 8) That staff prepare a report on Employee Appreciation incentives. RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Alderman Morocco that the actions taken in Corporate Services Committee, earlier this evening be approved. Carried Unanimously 1. That the minutes of the November 7, 2005 meeting be adopted as recorded. 2. That the following 2006 funding requests be referred to budget deliberations: Niagara Transit, Niagara Chair -A -Van, Niagara Falls Public Library, Winter Festival of Lights. 3. That funding for an additional driver for Chair -A -Van be referred to final budget deliberations. 4. That Staff investigate all possible options for Niagara Falls Tourism including, but not limited to, access to OPG Tourism Marketing Fund, a partnership with the Chamber of Commerce and having the City look into taking over the administration of the operation. 5. That the Major Receivables Quarterly Report be received for information. 6. That the 2005 approved grant amount of $85,000 for the Niagara District Airport Commission be affirmed. 8 November 21, 2005 7 That the request for support from the Niagara Falls International Marathon be received and filed. 8. That staff investigate the tax deferral for low- income seniors and low- income disabled residents who are affected by property tax increase due to higher assessment. 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, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. MW- 2005 -133 Union Marsh Drain Project. It is recommended that the City extend the time limit for the consultant to file his Final Report to January 31, 2006 for Council's consideration. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Morocco, to have staff prepare a report on the impact that it may have on the residents in the effected area as well as what has been done in past drainage projects. Carried Unanimously PD- 2005 -94 Matters Arising from the Municipal Heritage Committee Meeting October 26, 2005. It is recommended that Council not approve a designated property grant application for repair work to the chimney of 6151 Culp Street as outlined in this report. MW- 2005 -131- Parkside Road Extension Through Hydro Corridor Garner Neighbourhood. It is recommended that the City proceed with negotiations for the acquisition of the property required for the extension of Parkside Road from Hydro One and further that all costs associated with the purchase be funded from the Development Charges Reserve Fund. MW- 2005 -134 Tender T -13 -2005 Roof Replacement Old Armoury- 5049 Victoria Avenue (Masonry Work) and Coronation Centre 5925 Summer Street. It is recommended that the unit price of $148,730.00 submitted by the low tenderer, Flynn Canada, be accepted and that an agreement be entered into with the successful bidder. MW- 2005 -138 Contract for Supply and Apply of Sand /Salt in City Parking Lots Three (3) year term (T2005 -14). It is recommended that Ken Warden Construction be awarded the contract for the supply of services for Sanding and Salting in Groups A through F Parking lots; and, that Ken Warden Construction enter into an agreement with the City of Niagara Falls for Supplying and Applying of Sand /Salt in City Parking Lots for a 3- year term, from 2005 -2008 in accordance with Contract T2005 -14. MW- 2005 -139 Contract T2005 -15A for Snow Plowing, Piling and Hauling of Snow City Parking Lots Three (3) year term. It is recommended that Dominion Paving be awarded the contract for the supply of services for snow plowing of parking lots designated in Area 1; and The Green Group be awarded the contract for the supply of services for snow plowing of parking lots designated in Area 2; and Ken Warden Construction be awarded the contract for the supply of services for snow plowing of parking lots designated in Area 3; and that the successful bidders enter into an agreement with the City of Niagara Falls for the snow plowing of municipal parking lots and hauling when required for a 3 -year term, from 2005 -2008 in accordance with Contract T2005 -15 -A. FS- 2005 -08 Combat Challenge Agreement The report recommends that Council approve negotiating and entering into an agreement with Firefit of Canada Ltd., and any other ancillary agreements, to host the 2006 Firefit Championships in Niagara Falls on September 14 to 17, 2006. 9 November 21, 2005 ORDERED on the motion of Alderman Pietrangelo, seconded byAlderman loannoni that the recommendations be approved. Carried Unanimously 2005 -192 BY -LAWS The Clerk advised of an additional by -law 2005 -202, A by -law to authorize the execution of an Offer to Purchase from Villarboit Development Corporation, in trust for a company to be incorporated, to The Corporation of the City of Niagara Falls respecting the purchase of City -owned lands located on the west side of Montrose Road and north side of McLeod Road, in the City of Niagara Falls (approximately 30 acres). ORDERED on the motion of Alderman Pietrangelo, seconded byAlderman loannoni that leave be granted to introduce the by -laws and the by -laws be given a first reading. Carried Unanimously A by -law to dedicate Blocks 114 and 115 on Registered Plan 59M -324 as public highways, to be known as and to form part of Shannon Drive and St. Michael Avenue, respectively. 2005 -193 A by -law to establish Block 103 on Registered Plan 59M -338 as a public highway, to be known as and to form part of Garner Road. 2005 -194 A by -law to authorize the execution of a Commercial Land Lease with Ontario Realty Corporation an Her Majesty The Queen respecting the lease of lands known as Municipal Parking Lot 18 located at the corner of Victoria Avenue and Kitchener Street, Niagara Falls. 2005 -195 A by -law to establish Block 102 on Registered Plan 59M -315 as a public highway, to be known as and to form part of Westport Drive. 2005 -196 A by -law to amend By -law No. 2005 -55, being a by -law to establish regulations for a hotel on the easterly portion of the land and a commercial development exclusive of a hotel or motel on the westerly portion of the land, which amended By -law No. 79 -200. 2005 -197 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan (OPA No. 63). 2005 -198 A by -law to amend By -law No. 79 -200, to permit the first phase of a resort commercial development (AM- 03/2004, Brown Rd. at Kalar) 2005 -199 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited) 2005 -200 A by -law to execute this Municipal Funding Agreement for the Transfer of Federal Gas Tax Revenues under the New Deal for Cities and Communities between the Association of Municipalities and the Corporation of the City of Niagara Falls as in Schedule "A" attached hereto. 2005 -201 A by -law to amend By -law 89 -155 and adopt a Schedule of Meetings. 2005 -202 2005 -203 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 21s day of November, 2005 ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati that the by -laws be read a second and third time and passed. Carried Unanimously City Council Letterhead Alderman Diodati requested that a letterhead be created for Council members to use. Council was informed that the City is in the process of developing new letterhead and the request should be possible. Sleep Cheap, Charities Reap Promotion Alderman Diodati informed Council that 75% of the rooms have been sold. A special thanks to the hoteliers for their generosity and also a thanks to Dick Derhodge for creating the logo for the Promotion, free of charge. ORDERED on the motion of Alderman Diodati, seconded by Alderman Pietrangelo that the hoteliers and Dick Derhodge be invited to a future Council meeting for recognition. Carried Unanimously ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing that the meeting be adjourned at 9:05 p.m. Carried Unanimously 1 10 November 21, 2005 A by -law to authorize the execution of an Offer to Purchase from Villarboit Development Corporation, in trust for a company to be incorporated, to The Corporation of the City of Niagara Falls respecting the purchase of City owned lands located on the west side of Montrose Road and north side of McLeod Road, in the City of Niagara Falls (approximately 30 acres). NEW BUSINESS ip-e4 DEAN IORFIDBC, CITY CLERK MAYOR R.T. (TED) SALCI