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2007/05/28THIRTEENTH MEETING IN CAMERA MEETING Committee Room 2 May 28, 2007 RESOLUTION NO. 16 THOMSON - MAVES that on May 28, 2007, Niagara Falls Council will go into a closed meeting to consider subject matters that fall under s. 239(2) of the Municipal Act, 2001. Council met on Monday, May 28, 2007 at 6:00 p.m. in an In Camera Session. All members of Council were present. Councillor Diodati presided as Chairman. Following consideration of the items presented, the In Camera Session did rise and report in open session. DEAN IORFIDA,CITY CLERK R.T. (TED) SALCI, MAYOR REGULAR COUNCIL MEETING Council met on Monday, May 28, 2007 at 7:00 p.m. for the purpose of considering Regulars Business matters. All members of Council were present. Councillor Maves offered the Opening Prayer. ADOPTION OF MINUTES Council Chambers May 28, 2007 ORDERED on the motion of Councillor Fisher, seconded by Councillor Maves that the minutes of May 14, 2007 be approved as printed. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest. Niagara Community Foundation DEPUTATIONS/ PRESENTATIONS Maria Menechella, Brad Hutchings, Directors ofthe Niagara Community Foundation, and Liz Palmieri, Executive Director of the Foundation, made a presentation updating Council on the activities of the foundation in Niagara Falls, including the creation of the Niagara Falls Community Fund. A grant cheque in the amount of $7,300 was presented to Barbara Buetter, on behalf of the Niagara Falls Art Gallery to support their work. - 2 - May 28, 2007 Council Minutes PARKS. RECREATION & CULTURE MATTERS R- 2007 -15 - Chief Administrative Officer - Feasibility Study: Proposed New Boys and Girls Club of Niagara It is recommended that: 1. That the final report dated May 8, 2007, "Proposed New Boys & Girls Club Facility Feasibility Study" be received. 2. That the report serve as a resource for the City of Niagara Falls to continue to evaluate the financial request by the Boys & Girls Club of Niagara (BGCN) of up to $5 million to support the construction of a new centre. 3. That the City of Niagara Falls' commitment in principle to contribute up to $5 million, or maximum of the 50% of the total capital costs for a new centre be conditional upon the following: a) That the building size be downsized to no more than 30,000 to 33,000 square feet consistent with the recommendations of the final report. b) That the size of the pool be reduced to no more than 20 metre leisure concept pool design consistent with the recommendations of the final report. That an updated and revised business plan be submitted to include: I) Revised capital budget based on a scaled -down facility as per the report recommendations; ii) Revised operating budget based on a scaled -down facility and that would not require a significant increase in the annual operating support/subsidy provided by the City; iii) Revised fundraising campaign and strategy to include validation of the in- kind development contribution of $2 million (of the $5 million). (d) Based on the site evaluation and analysis that the McLeod Road site not be supported, and that further review of the other three City park sites, of ker Park, Palmer Park and A.G. bridge Park, continue to be reviewed with the BGCN to recommend a site for a new centre. Todd Brown, President/Principal Planner, Monteith Brown Planning Consultants made a presentation to Council on the recommendation for a new Boys & Girls Club. Mr. Brown emphasized that the current building is 47 years old and is deteriorating. The Boys & Girls Club is requesting $5 Million to replace the facility. The consultants feel the proposed building should be downsized from the originally envisioned 41,000 square feet to 30,000 to 33,000 square feet. A downsizing in the building and swimming pool will help lower costs. In reviewing options for a new location, Mr. Brown suggested that Ker Park would be the preferred site but A.G. Bridge and Palmer Park would be acceptable. He indicated that the McLeod Road site was not appropriate. JoAnne Hett- Turner, Executive Director, Boys & Girls Club of Niagara expressed to Council that studies are a valuable resource and show the community is in support of a new facility. The Boys & Girls urges Council to approve up to 50% of the capital cost. The Club is prepared to secure the balance of the cost, revise the business plan and work with the City for a mutual lease agreement. The Boys and Girls Club feels that A.G. Bridge is the preferred site. ORDERED on the motion of Councillor loannoni, seconded by Councillor Fisher that the report be approved as recommended. Carried Unanimously PD- 2007 -31- Chief Administrative Officer - Zoning By -law Amendment AM- 11/2007, Orchard Grove West, Block 98, 59M -316; Applicant: Fruitbelt Development; Agent: Richard Brady, Urban and Environmental Management; Proposed 8 Unit Townhouse Dwelling Development Proposed Application ► Fruitbelt Development is requesting a Zoning Bylaw amendment for a 0.2ha(0.5 acre) parcel of land known as Block 98 in the Orchard Grove West Plan of Subdivision located on the west side of Kalar Road. ► Applicant is requesting the land be rezoned from Development Holding (DH) to a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone to permit the proposed 8 unit townhouse development. Planning Analysis - 3 - May 28, 2007 Council Minutes Official Plan ► Designated Residential ► Medium density housing is permitted where it is integrated with plans of subdivision, compatible with surrounding uses and located on collector roads. ► The proposed development is appropriate: • Subject parcel is a block of land originally included in Orchard Grove West Plan of Subdivision; • Site fronts onto Kalar Road which functions as arterial road; • Surrounding low density residential uses will not be impacted by traffic generated by this development; • Project is small in scale and should fit in with surrounding dwellings in terms of height and massing. Zoning PLANNING MATTERS ► Zoned Development Holding (DH) • Identifies the land for future development ► Site specific R4 zone provisions have been requested to accommodate the project design and lot configuration. • Zoning modifications include front and rear setbacks and per unit lot area. • All other standard R4 zone provisions will be met. • Attached garages illustrated in the site plan may not be built. Sufficient parking will be provided with or without the incorporation of garages. Conclusion ► The requested Zoning Bylaw amendment to permit an 8 unit townhouse development can be supported for the following reasons: • It meets the Official Plan criteria for locating medium density residential in the Residential designation. • The townhouses will provide a transition from the adjacent single detached dwellings to the future tourist commercial uses to the south. • The project will provide additional housing choices for residents wishing to live in this area. Recommendation That Council approve the Zoning Bylaw amendment application to permit the construction of an 8 unit townhouse development on the land, subject to the standards outlined in the report. Rick Brady, Urban and Environmental Management was present on behalf of the applicant. He indicated that the development was in keeping with Smart growth principles, there would be no negative impacts and that any existing concerns could be dealt with during the Site Plan stage. - 4 - May 28, 2007 Council Minutes There was no one in the gallery who indicated an interest in the matter. As a result, the public meeting was closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the report be approved as recommended. PD- 2007 -30- Chief Administrative Officer - Zoning By -law Amendment AM- 09/2007, 5525 Victoria Avenue, 5486 and 5492 Union Avenue, 4858 Kitchener Street and Union Avenue Road Allowance; Applicant; City of Niagara Falls Proposed Application ► On April 3, 2006, Council authorized staff to work with Country Inn & Suites and St. Paul Evangelical Lutheran Church in order to facilitate the preservation of parking spaces at the hotel site for the church's use. ► On March 25, 2007, Council gave approval in principle to a proposed land exchange between the City and Country Inn & Suites. ► The land exchange is conditional upon rezoning the Union Avenue road allowance to permit its use as a parking lot in conjunction with the hotel. ► The amendment will allow the parking lot for Country Inn & Suites hotel to be extended onto the Union Ave road allowance to provide for additional parking forthe hotel. The land conveyed to the City will be used as a municipal parking lot, except on Sunday mornings when the parking lot will be used by the congregation of St. Paul's Church. Planning Analysis Official Plan ► Designated Tourist Commercial. ► OP encourages all permitted uses to provide adequate on site parking. ► By including the Union Ave road allowance in the hotel site, the existing parking lot can be expanded to provide additional on site parking. ► Closure of Union Ave. should not have any adverse impact on the surrounding properties as no property uses Union Ave for access. ► The Union Ave road allowance has been declared surplus by the City. Zoning Carried Unanimously ► The Country Inn & Suites property is zoned Tourist Commercial with site specific provisions permitting 7 storey hotel. ► Union Ave. road allowance is zoned TC ► Requested amendment will extend site specific TC zoning over Union Ave road allowance. ► Union Ave road allowance will merge with the hotel site and will be used to provide required parking for the hotel • Land transferred to City will be: • zoned TC which permits a parking lot; ■ Used as a municipal parking lot except on Sunday mornings when lot will be used by St. Paul's Church congregation for parking. Conclusion • The Zoning Bylaw amendment application can be supported for the following reasons: • Union Avenue has been declared surplus. The closure of Union Avenue should not have any adverse impact on the surrounding properties. • The Official Plan encourages all permitted uses to provide adequate on site parking. • The proposed land exchange and Zoning Bylaw amendment will benefit the hotel by enabling additional parking to be provided. St. Paul Church will benefit by having access to their land and additional parking spaces for their activities. • The land conveyed to the City will operate as a municipal parking lot and thereby enable the City to generate income. Recommendation - 5 - May 28, 2007 Council Minutes That Council approve the Zoning Bylaw amendment application to extend the hotel's Tourist Commercial zoning with site specific provisions over the Union Avenue road allowance and to apply a standard Tourist Commercial (TC) zone to the land that will be conveyed to the City. Representatives from the Niagara Falls Korean Presbyterian Church were present at the meeting, Mr. Kyutae Kim, Mr. Son Yung Chung and Mr. Duc Kim expressed opposition to the Zoning By -law Amendment. Their concerns are that the Church will lose access to parking and there will be an increase of traffic flow. Mr. Rocco Vacca was present on behalf of the adjacent property owner. They endorse the zoning by -law amendment. The public meeting was closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Diodati that the report be approved as recommended and that staff work with the Korean Church to resolve their parking issues. Carried Unanimously ORDERED on the motion of Councillor Diodati, seconded by Councillor Kerrio allowing the Downtown BIA to make a presentation to Council. Mrs. Ulrike Gross read a letter on behalf of the Downtown Board of Management. The BIA has a strong interest in moving forward on the revitalization of Downtown. The project is of vital importance to the entire City. The BIA would have preferred that Council's decision to remove the $12 Million from the Capital Budget been deferred until the studies that are currently underway could be presented to Council. The Board is looking forward to meeting with Council and staff to work together to find the right path to the revitalization of Downtown Niagara Falls. MAYOR'S REPORTS. ANNOUNCEMENT Mayor Salci acknowledged the passing of Mr. Emanuale Giancola, the father of Anita and father -in -law of Victor Pietrangelo. ,Mrs. Doris Hunter, mother of Barb Macdonald. Mr. Antonio Guarasci, father of Jeff Guarasci of Project S.H.A:R.E. Niagara Falls is doing very well in CBC's Seven Wonders competition. Everyone is encouraged to continue to vote once the site is up and running again. Mayor Salci commended the work of Councillor Diodati and Dale Morton who have been very busy getting the word out to vote. Over the past several weeks there have been some significant events: Rick Rose School of Music end -of -year concert, May 25 at Kingston College. Historical Designation of Cummington Square, May 26 Culture -Fest hosted by the Mayor's Youth Advisory Committee, May 27t at the MacBain Center. Upcoming events include Chippawa Lion's Club public meeting regarding problems at the Park, May 31s at 7:00 p.m; Ontario March of Dimes, National Access Awareness Week, May 31s at Lakeside Park in St. Catharines; the Niagara Falls Lion's Club's 85 Anniversary on June 1st; the Cavendish Manor 20 Anniversary on June 2n and the welcoming of medical students during Rural Medicine Week. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Heart Niagara - Request to support the resolution for the Reality PE: 60 Minute Edge campaign, making a second physical education credit mandatory for secondary school students. RECOMMENDATION: For the Approval of Council RECOMMENDATION: For the Approval of Council with Councillor Thomson opposed. - 6 - May 28, 2007 Council Minutes ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the communication be deferred. Carried Unanimously 2. Elder Abuse Awareness Month - Toronto Residents In Partnership, a non - profit organization, requests the month of June proclaimed as Elder Abuse Awareness Month. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the communication be approved. Carried Unanimously 3. National Access Awareness Week - the City's Disability Advisory Committee is requesting the week of May 27 - June 2, 2007 be declared National Access Awareness Week. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the communication be approved. Carried Unanimously 4. Clifton Hill B.I.A. - Request approval of their 2007 budget. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the communication be approved. Carried Unanimously 5. Niagara Falls Lions Club - Request the week of May 27 to June 2, 2007 be proclaimed as "Niagara Falls Lions Club Week" 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 communication be approved. Carried Unanimously The City Clerk advised Council on additional communications and comments. The City Clerk on behalf of the Disability Committee announced Breaking the Barriers Awards ceremony on May 31s in Port Dalhousie. On June 8th there will be a barbeque at City Hall at 12:00 pm. At a later date they will advising Council of the installation of a ceiling track for wheelchairs at the MacBain Centre. 6. MW- 2007 -59 - Greater Niagara Transit Commission It is recommended that Council pass the additional by -law on this evening's agenda to dissolve the Greater Niagara Transit Commission and to continue the operations of that Commission as a Division of The Corporation of the City of Niagara Falls. ORDERED on the motion of Councillor Maves, seconded by Councillor Diodati that the report be approved as recommended. Carried No. 17 - PIETRANGELO - DIODATI That the foregoing resolution is hereby consented to by the Shareholder of the Corporation, as evidenced by its respective signatures hereto in accordance with the provisions of Section 104(1) of the Business Corporations Act (Ontario) this 28 day of May, 2007. Carried Unanimously - 7 - May 28, 2007 Council Minutes REPORTS RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the recommendation from the Corporate Services Committee, on May 28, 2007 be approved. The following items are to be ratified from the May 16 2007, meeting of the Corporate Services Committee: 1. That the 2007 General Purposes Budget be approved as presented with an amendment to include a grant in the amount of $1,500.00 for the Child Advocacy Centre. 2. To take any monies past 2007 not previously approved and identified for the Downtown SIP out of the 2007 -2011 Capital Projects Budget. 3. That the 2007 -2011 Capital Budget be approved with the amendment to the Downtown SIP as noted previously. The following items are to be ratified from tonight's meeting of the Corporate Services Committee. 1. That the minutes of the May 16 meeting be approved as recorded. 2. That the revised municipal bingo policy and amendments to the lottery licensing fee bylaw be approved. 3. That the 2007 Financing Lease Report be received for information. 4. That June 29 and September 28 be approved as the 2007 final due dates for the Residential, Pipeline, Farmland and Managed Forest Assessment Classes. 5. That the 2007 Property Tax Rates be approved. 6. That the report on possible Tong -term changes to the Licensing By -law to permit seasonal vendors be deferred. 7. That Council be provided with a copy of the draft Market Feasibility Study for the Downtown. 8. Resolved that the Council go into a closed meeting to consider a proposed or pending acquisition or disposition of land by the municipality. Carried Unanimously RATIFICATION OF "IN CAMERA" ACTIONS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that the recommendation from the In Camera meeting, on May 28, 2007 be approved. 1. That Part 2 on Reference Plan 59R -13284 ( "subject lands ") be declared surplus, and offered for sale, by way of direct sale, to the abutting owners, 1448190 Ontario Limited and 258796 Investments Limited, for the appraised price of $4,200.00, and further, that the abutting owners pay for all costs associated with the sale. 2. That staff investigate the possibility of building on -site on the property known as "Reilly Street end ". Carried with Councillor Wing opposed to item #2. CD- 2007 -12 - Revision to Supply & Services Policy It is recommended that the signing authority for the City's two executive director positions be increased to $50,000. ORDERED on the motion of Councillor Mayes, seconded by Councillor Diodati that the report be approved as recommended. Carried with Councillors Thomson, Fisher, loannoni and Wing opposed. -8- May 28, 2007 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. IS- 2007 -04 - The Active Network Ltd. Agreement It is recommended that the City of Niagara Falls enter into an agreement with The Active Network Ltd., and that the Mayor and City Clerk be authorized to sign the agreement. MW- 2007 -47 - Development Agreement - Site Servicing and Lot Grading Matters 1578891 Ontario Ltd. It is recommended that staff be directed to prepare a development agreement between the City and 1578891 Ontario Ltd., that will specify the conditions and timing for the construction of municipal services and lot grading for the development of the subject property. MW- 2007 -49 - ATU Convention - Transportation Request - June 2007 It is recommended that the request by the Amalgamated Transit Union for the use of Niagara Transit Buses during the week of their National Convention, June 3 to June 9, 2007 be approved. MW- 2007 -50 - Tender T05 -2007 for the supply of Diesel Fuel for City Buses It is recommended that Suncor Energy Products Inc. (Sunoco) be awarded contract #T05 -2007 for supply of Diesel fuel for City Buses for a period of 36 months; and that the Mayor and the Clerk be authorized to execute the necessary agreements. MW- 2007 -52 - Deerfield Estates Subdivision Oversizing Payments It is recommended that the sum of $534,817.69 be transferred from the Development Charges Reserve Fund and paid to River Realty Development (1976) Incorporated in accordance with the Subdivision Agreement for the City's cost -share of services. R- 2007 -11 - Chippawa/WilloughbyArena Roof Replacement It is recommended that the low bid of $208,000.00 plus GST by Triumph Aluminum and Sheet Metal Inc. be accepted by Council for the completion of a roof replacement on the Chippawa - Willoughby Memorial Arena; and that the Mayor and the Clerk be authorized to execute the necessary agreement. R- 2007 -12 - 2007 - Ker Park Concession It is recommended that a lease agreement between the Niagara Falls Mens' Fastball League and the City of Niagara Falls to operate the concession at Ker Park be approved; and that the Mayor and the Clerk be authorized to execute the necessary agreement. R- 2007 -13 - MacBain Community Centre - Lease Agreement with another Perspective Family Centres Inc. It is recommended that a lease agreement between the City of Niagara Falls and Another Perspective Family Centres Inc. at the MacBain Community Centre be approved; and that the Mayor and the Clerk be authorized to execute the necessary agreement. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that the reports on the Consent Agenda be approved as recommended. Carried Unanimously ** * - 9 - BY -LAWS May 28, 2007 Council Minutes ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be given a first reading. Carried Councillors Fisher and Thomson opposed to 2007 -112 and Councillor Thomson opposed to 2007 -113. 2007 -106 A by -law to amend By -law No. 2006 -144, being a by -law to set fees for lottery licensing 2007 -107 A by -law to declare Part road allowance between Concession Broken Front Niagara River and Concession 1 Willoughby (as closed by By -law BB84703) lying between 59R -9814 and Somerville Road (formerly Seifert Road); in the City of Niagara Falls, in the Regional Municipality of Niagara, surplus 2007 -108 A by -law to authorize the execution of an Agreement of Purchase and Sale with 1448190 Ontario Limited and 258796 Investments Limited respecting the purchase of lands being Part road allowance between Concession Broken Front Niagara River and Concession 1 Willoughby (as closed by By -law BB84703) lying between 59R -9814 and Somerville Road (formerly Seifert Road); in the City of Niagara Falls, in the Regional Municipality of Niagara 2007 -109 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited) - Pin Oak Drive 2007 -110 A by -law to authorize the execution of a Municipal Cooperation Agreement with The Town of Lincoln, The Town of Pelham and The Township of West Lincoln respecting the amalgamation of Niagara Falls Hydro Inc. and Peninsula West Utilities Limited 2007 -111 A by -law to amend Bylaw No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws 2007 -112 A by -law to set and levy the rates of taxation for City purposes, for Regional purposes, and for education purposes for the year 2007 2007 -113 A by -law to dissolve the Greater Niagara Transit Commission and to continue the operations of that Commission as a Division of The Corporation of the City of Niagara Falls 2007 -114 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 28 day of May, 2007 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the by -laws be read a second and third time and passed. Carried Councillors Fisher and Thomson opposed to 2007 -112 and Councillor Thomson opposed to 2007 -113. Seven Wonders of Canada NEW BUSINESS Councillor Diodati advised that the contest closes Thursday, May 31st, and everyone is encouraged to vote as many times as possible until then. Landlord and Tenant Water Discussion Councillor Pietrangelo reminded Council of an upcoming public meeting Wednesday May 30 7:30 p.m, in the Council Chambers to discuss the collection of outstanding water arrears. Extension of St. Paul Avenue Councillor Thomson provided staff with a petition on speeding traffic concern at the extension of St. Paul Avenue. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio to refer to staff and the Niagara Region the possibility of adding turning lanes into Eagle Valley Golf Course and the Neighbourhood of St. David's Subdivision. Carried Unanimously Kennel Licences ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that staff report back on the responsibility and requirements for a kennel licence in a residential area. ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that the meeting be adjourned at 9:00 p.m. Carried Unanimously - 10 - May 28, 2007 Council Minutes * Carried Unanimously DEAN IORFI A, CITY CLERK R.T. (TED) SALCI, MAYOR