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2006/12/11TWENTIETH MEETING REGULAR COUNCIL MEETING Council Chambers December 11, 2006 Council met on Monday, December 11, 2006 at 7:05 p.m. for the purpose of considering Regular /Planning Business matter. All members of Council were present with the exception of Alderman loannoni. Alderman Diodati offered the Opening Prayer. Following the Opening Prayer, the quartet "Forward Motion" sang the National Anthem. A moment of silence was recognized for Niagara Falls native, Corporal Albert Storm who was killed in action in Afghanistan. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pietrangelo seconded by Alderman Maves that the minutes of November 20 2006 be approved as printed. Carried Unanimously ORDERED on the motion of Alderman Pietrangelo seconded by Alderman Maves thatthe minutes of December 4 2006 be approved as printed. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Alderman Fisher indicated a pecuniary interest to cheque no. 306197, election refund cheque, which was payable to herself. Alderman Pietrangelo indicated a pecuniary interest to cheque no.306326, election refund cheque, which was payable to himself. Alderman Maves, election refund cheque, indicated a pecuniary interest to cheque no. 306284 which was payable to himself. Alderman Wing indicated a pecuniary interest to cheque no. 306442, election refund cheque, which was payable to herself, cheque no. 306561 payable to the Niagara Parks Commission and to report L- 2006 -45, as her spouse is an employee of the Niagara parks Commission. Alderman Diodati, election refund cheque, indicated a pecuniary interest to cheque no. 306178 which was payable to himself. Alderman Kerrio, election refund cheque, indicated a pecuniary interest to cheque no. 306254 which was payable to himself. Alderman Thomson, election refund cheque, indicated a pecuniary interest to cheque no. 306407 which was payable to himself. Mayor Salci indicated a pecuniary interest to cheque no. 306361, election refund cheque, and cheque no. 306819 which was payable to himself. Sleep Cheap Charities Reap 2 December 11, 2006 Council Minutes DEPUTATIONS /PRESENTATIONS Anna Pierce from Niagara Falls Tourism reported on the Sleep Cheap Cahrities Reap initiative. Collectively, the 20 participating hotels raised $125,000.00. Fifty percent of the funds will go directly to Project S.H.A.R.E., GNGH Labour and Delivery, Hannah House, Women's Place South Niagara /Nova House and Hospice Niagara, with the remaining 50% will be invested with Niagara Community Foundation Endowment Fund, for continuous future financial support of Niagara Falls charities. Local artist Dick Derhodge was acknowledged for his graphic work on the project. 2006 Red Ribbon Project A presentation from Westlane students has been postponed and will be presented at a later time. Background PLANNING MATTERS PD- 2006 -97 Zoning By -law Amendment Application, AM- 34/2006, 5223 -5225 River Road, Applicant: Sharon Snider; Proposed Cottage Rental Dwellings The report recommends that Council approve the Zoning Bylaw amendment application to permit the existing three unit dwelling to be used for three cottage rental dwellings. The Clerk advised that the purpose of this public meeting was an amendment to the City's zoning by -law to permit a cottage rental dwelling. He advised that Notice was given by First Class mail in accordance with the Planning Act on Friday, November 10 2006 and by posting a sign on the property in question. He informed that anyone wishing to receive passage of the zoning by -law amendment, or to participate in the sire plan process, if applicable, shall leave their names on the sign in sheet outside Council Chambers. The Director of Planning and Development reviewed the recommendations and provided the following information. Existing Conditions: 3 unit residential dwelling Neighbourhood comprised of single family dwellings converted single family dwellings Request is to use all 3 dwelling units as cottage rental dwellings Planning Analysis Official Plan Designated Residential Ancillary uses may be permitted, i.e. B. B's cottage rental dwellings Key Planning considerations Neighbourhood character is maintained Compatible with surrounding uses 3 December 11, 2006 Council Minutes Zoning Residential Single Family and Two Family -2 (R2 -2) Zoning permits bed and breakfast accommodations The zoning is requested to be amended to permit the existing dwelling units on the land to be used as three cottage rental dwellings Similar to B B's, Cottage rental dwellings would be rented out on short term basis to small groups of travelers Compatibility maintained by: Occupancy caps No changes are proposed to the dwelling or the parking configuration. CONCLUSION The requested amendment can be supported for the following reasons: Complies with the OP. The use is similar to a bed and breakfast, which is already permitted. Occupancy to a maximum of 12 persons will ensure compatibility of use. The applicant Sharon Snider was present to answer any questions. Mayor Salci advised that the Public Meeting with regard to AM- 34/2006 is now closed. ORDERED on the motion of Alderman Thomson, seconded by Alderman Pietrangelo that the report be approved as recommended. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENT Mayor Salci advised that letters of condolence were sent to the family of Corporal Albert Storm, who was killed in action in Afghanistan and Bob Bolibruck, employee in the Planning Division, whose mother passed away.. Mayor Salci advised the City of Niagara Falls had the pleasure of entertaining two judges from Communities in Bloom this weekend. Ted Blowes and Arlene Swedberg, were in Niagara Falls to judge our community for the second consecutive year for the Winter Lights Celebration. The entered the competition last year and finished second. The City and the Winter Festival of Lights have been working together for the past two months to coordinate special events and to prepare the City for this visit. Mayor Salci congratulated Dino Fazio, Heidi Werner and Tina Myers and al the staff from the Winter Festival of Lights for the great job they did in coordinating their First Annual CandleLight Stroll. In the spirit of giving and Christmas, Mayor Salici advised that CUPE Local 133, representing the City employees recently voted to forego their usual chidren's Christmas party and to donate gifts to the mothers and babies at Hanna House in the amount $2,000. Mayor Salci took the opportunity to wish all the residents, Council and their families and all of staff and their families a very Merry Christmas and a Happy New Year. 4 December 11, 2006 Council Minutes COMMUNICATION AND COMMENTS OF THE CITY CLERK 1. Memorial Handball Tournament Request permission to have special Occasion Permit at MacBain Community Centre RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Wing that the communication be approved. Carried Unanimously 2. FX Worx Inc. Request approval for New Year's Eve pyrotechnic fireworks display. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Mayes that the communication be approved. Carried Unanimously 3. Guy Ungaro LL.B Request that legal fees for Mr. Norm Puttick be paid for by City of Niagara Falls RECOMMENDATION: Refer to Staff for Report ORDERED on the motion of Alderman Thomson, seconded by Alderman Pietrangelo that the communication be approved and referred to Staff for a report. Carried Unanimously RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Diodati, seconded by Alderman Pietrangelo that the actions taken in Community Services, on December 11, 2006 be approved. Carried Unanimously 1) That the minutes of November 20, 2006 meeting be approved. 2) REPORTS: a) That the Community Services Committee and Corporate Services Committee's be maintained with a Council elected Chair to be voted on at the next Council meeting. b) That the request for a sign variance for the N/E corner of Stanley Avenue at Kitchener Street be denied and that staff meet with the applicant for further negotiations. c) That an all -way stop be installed at the intersection of Lamont Avenue and Callan Street and be reviewed in 6 months, that the police be requested to increase enforcement and that the residents be petitioned on the implementation of traffic calming measures. d) That Council approve a one year extension to the Canadian Corps of Commissionaires contract for the supply of Parking Control services and the agreement for building security. e) That a "No Standing 8:30 a.m. to 5:00 p.m. sign on the west side of St. Clair Avenue, south of Queen Street in the curbside lane adjacent to the Post Office be implemented. 3) NEW BUSINESS: a) That staff implement measures to prevent right hand turns from Clifton Hill onto the former rail line right of way. 5 December 11, 2006 Council Minutes b) That the composition of the Niagara Transit be referred to staff for a report. c) Refer claim from 4455 Park Street to staff for a report. d) That staff prepare a report on the installation of a pedestrian signalized crossing on Lundy's Lane at Grey Cliff Manor. e) That staff prepare a report on the City's by -law with respect to site alterations. 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. CD- 2006 -18 2007 Council Schedule It is recommended that Council pass the by -law appearing on tonight's agenda adopting the attached schedule for 2007. F- 2006 -60 Approval of Interim 2007 Spending Limits It is recommended that in absence of an adopted 2007 Current 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 items 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 contributions not exceed a monthly pro rata share of the prior year's support. F- 2006 -61 Treasurer's Write -Off It is recommended that the property tax accounts listed in this report be removed from the City's accounts. F- 2006 -62 Cancellation, Reduction or Refund of Taxes under Section 357 and 358 of the Municipal Act 2001 It is recommended that the cancellation, reduction or refund of taxes on the various accounts per attached summary be approved and granted to the property owners listed. F- 2006 -63 Municipal Accounts It is recommended that Council approve the municipal accounts totaling $6,671,118.64 for the period November 8, 2006 to November 28, 2006. F- 2006 -64 Schedule of Fees for Services It is recommended that the Schedule of Fees by -law, listed under the by -law section of the agenda be approved. L- 2006 -45 Permanently Close Part 8 on Reference Plan 59R -4460 between Willick Road to the North and Weaver Road to the South File: No.2006 -368 It is recommended that Council authorize staff to proceed to permanently close Part 8 on Reference Plan 59R -4460 being a portion of an unused road allowance located between Willick Road to the north and Weaver Road to the south. PD- 2006 -99 Matters Arising from the Municipal Heritage Committee It is recommended that Council direct staff to prepare a by -law to delegate protection of the Red Oak tree to the Regional Municipality of Niagara under its Tree and Forest Conservation By -law; and that Council direct staff to make arrangements to replace the shingles on the roof of the bandstand within Cummington Square, as specified in this report. PD- 2006 -100 Engagement of Consultant for the Growth Management Official Plan Review It is recommended that staff hire a consultant to undertake the Growth Management Official Plan review. 6 December 11, 2006 Council Minutes MW- 2006 -138 Consulting Services for Bridge and Culvert Inspections It is recommended that the City enter into a consulting services agreement with Ellis Engineering Incorporated for inspection of bridges and culverts for an upset limit of $30,000 excluding GST and the Mayor and City Clerk be authorized to execute the agreement. MW- 2006 -142 Grassy Brook West Area, Pumping Station and Forcemain Construction Inspection Consultant Agreement It is recommended that Council engages the services of Earth Tech to provide inspection services for the construction of the Grassy Brook Pumping Station and Forcemain Project at an upset limit of $146,140.00 (excl. GST) to be funded in full from the Development Charges Reserve Fund and that Council authorizes the Mayor and City Clerk to sign an agreement with Earth Tech for these services. MW- 2006 -143 Fernwood Subdivision, CN Rail Sanitary Sewer and Watermain Pipe Crossing Agreement Garner Rd It is recommended that the City of Niagara Falls enter into an agreement with Canadian National Railway Properties Inc. for the right to construct, use and maintain a new 250 mm diameter sanitary sewer and 200 mm diameter watermain on Garner Road required for the Fernwood Plan of Subdivision. MW -2006 -144 Authorization for Payment- Emergency Sewer Repair Margaret Street (Caledonia to Argyle) It is recommended that the invoice for the emergency repairs to the sanitary sewer on Margaret Street in the amount of $185,705.92 (Alfidome Construction Ltd. Invoice #2161) be authorized for payment. MW- 2006 -145 Tender #T -13 -2006 Accessories for Forestry Unit It is recommended that the tender for the purchase Accessories for our City -owned Forestry Truck be awarded to Wajax Industries, Milton, Ontario at a total cost of $134,092.50 including taxes and that the Mayor and City Clerk be authorized to execute the agreement. MW- 2006 -146 Stanley Avenue Watermain Cost Sharing It is recommended that the City of Niagara Falls cost share for the up sizing of the watermain on Stanley Avenue at a cost of $53,160.60. R-2006-31 Special Event Agreement with Celebration on Ice It is recommended that the Mayor and Clerk be authorized by Council to sign the Agreement related to the Celebration on Ice figure skating event being held at the Niagara Falls Memorial Arena on December 19, 2006. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati that the reports be approved. Carried Unanimously with Alderman Wing declared a conflict with report L- 2006 -45. BY -LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Thomson that the by -laws be given a first reading. Carried Unanimously 2006 -219 A by -law to establish Part 1 on Reference Plan 59R -13247 as a public highway, to be known as and to form part of Morrison Street 2006 -220 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 2006 -221 A by -law to establish Block 281 on Registered Plan 59M -354 as a public highway, to be known as and to form part of Kalar Road 2006 -222 A by-law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited, Heavy Vehicle Restriction) 2006 -223 A by -law to amend By -law 89 -155 and adopt a Schedule of Meetings 2006 -224 2006 -225 2006 -226 A by -law to designate the Historic Drummondville as a Community Improvement Project Area 2006 -227 A by -law to adopt a Community Improvement Plan for the Historic Drummondville Community Improvement Project Area 2006 -228 A by -law to authorize the execution of an Amendment to the Agreement of Purchase and Sale between the Ontario Lottery and Gaming Corporation and The Corporation of the City of Niagara Falls, and The Canada Southern Railway Company and its lessee, CNCP Niagara Windsor Partnership and The Niagara River Bridge Company. 2006 -229 Toys for Parking Fines Alderman/ Councillor Regional Chair 7 December 11, 2006 Council Minutes A by -law to consolidate fees and charges for various services, licences and publications for the City of Niagara Falls in compliance with the Municipal Act 2001 A by -law to authorize the execution of an Agreement with Celebration on Ice Inc. respecting the use of the Niagara Falls Memorial Arena for a figure skating celebration on ice A by -law to authorize the execution of a Subdivision Agreement with Ascot Woods Ltd. respecting Ascot Woods Extension 6 Subdivision subject to all conditions of the Agreement being met to the satisfaction of the Director of Planning and Development. 2006 -230 A by -law to authorize the execution of a Development Agreement with Domenic Chiarella and Sarah Chiarella. 2006 -231 A by -law to authorize the payment of $6,671,118.64 for General Purposes. 2006 -232 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 11 day of December, 2006 ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher that the by -laws be read a second and third time and passed. Carried Unanimously NEW BUSINESS Alderman Diodati indicated some municipalities have waived parking fines for a toy donated for the same amount. ORDERED on the motion of Alderman Diodati, seconded by Pietrangelo that staff consider options for waiving parking fines for 2007 holiday season in lieu of a toy being donated to charity. Carried Unanimously Alderman Thomson questioned the use of the term "Alderman" and whether it was time to replace it with the more common term "Councillor ORDERED on the motion of Alderman Diodati, seconded by Alderman Pietrangelo to defer the motion until all Alderman are present. Alderman Thomson and Alderman Fisher were opposed. Motion Carried Alderman Thomson addressed the Private Member's Bill that suggests the Regional Chair be elected at- large. 8 December 11, 2006 Council Minutes ORDERED on the motion ofAlderman Thomson seconded by Alderman Diodati that Staff prepare a report outlining the pros and cons of the Regional Chair running at- large. Carried Unanimously ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Kerrio that the meeting be adjourned at 7:45 p.m. Carried Unanimously (c-k 4- DEAN 10 DA, CITY CLERK R.T. (TED) SALCI, MAYOR