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2009/02/23THIRD MEETING IN CAMERA MEETING Committee Room 2 February 23, 2009 Council met on Monday, February 23, 2009 at 5:45 p.m. in an In Camera Session. All members of Council were present. Councillor Fisher presided as Chairman. Following consideration of the items presented, the In Camera Session did not rise to report. REGULAR COUNCIL MEETING Council met on Monday, February 23, 2009 at 7:00 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Councillor Kerrio offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Councillor Fisher, seconded by Councillor Maves that the minutes of February 23, 2009 be approved as printed. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Maves indicated a pecuniary interest to cheque no. 326278, made out to his place of employment. Mayor Salci indicated a pecuniary interest to cheque nos 326327, 326327 and 326407, made payable to himself and his spouse. Councillor Pietrangelo indicated a conflict to communication # 1, re: Ort Road/ Reixinger Road, as his father owns property across the street. DEPUTATIONS /PRESENTATIONS Multiple Sclerosis Society of Canada Phil van Zuilen and Maurice Bedard, representatives from the MS committee, advised Council that the MS Chapter is holding it's annual fundraiser, The MS Walk, which is being held on Sunday, April 19 2009. They extended an invitation to Council and residents to participate. Niagara Falls Music Theatre Society Valerie Williams, volunteer at the Firehall Theatre, thanked Council for its continued support of the theatre and advised Council of the upcoming production, Autumn Leaves. Heritage Week Mayor Salci and Councillor Wing presented Ontario Heritage Trust Awards to the following: Jon Jouppien accepted the Ontario Heritage Trust Lifetime Achievement Award Don Ede accepted the Ontario Heritage Trust - cultural Heritage Category Frank Fohr accepted the Ontario Heritage Trust - Natural Heritage Category John Harkness - Ontario Heritage Trust - Lieutenant Governor's Ontario Heritage Award. Niagara Falls Sports Foundation - 2 - February 23, 2009 Council Minutes Dragan Matovic, Director, Niagara Falls Sports Foundation, outlined that the Niagara Falls Sports Foundation is a new non - profit entity dedicated to the acknowledgment of athlete excellence and sports activities amongst youth in Niagara Falls. The NFSF will celebrate achievements of outstanding local athletes by presenting a variety of achievement scholarship awards. They would like to request some non - financial assistance from the City. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that staff work with the Foundation. Carried Unanimously Park in the City Committee R- 2009 -06 - Chief Administrative Officer - Plastic Water Bottle Update The report recommends: 1. That the City of Niagara Falls eliminate the sale of bottled water at City owned and facilities, municipal buildings, and recreation facilities and parks effective May 1, 2009. 2. That staff develop a recommended implementation plan to increase the access to, and the availability of municipal water through public drinking fountains in municipal indoor and outdoor facilities, and outline the costs in the 2009 capital budget for the consideration of Council. ORDERED on the motion of Councillor Wing, seconded by Councillor Pietrangelo that John Challinor, Nestle Waters Canada be permitted to speak. Carried Unanimously John Challinor, Director of Corporate Affairs, Nestle Waters Canada, indicated that Nestle sells bottled water to stores and does not supply to vending machines. Nestle supports the use of tap water in pitchers at municipal meetings, as the bottled water is primarily an out -of home product. He argued that banning bottled water will be problematic for emergency services and will force consumers at City facilities to switch to other less healthy beverages such as pop, which will not reduce plastic. Mr. Challinor indicated that a similar proposed Provincial bill was not passed. He advised that Nestle funds substantial curbside recycling. Frank Fohr, on behalf of the Park in the City Committee, stressed that the municipal tap water is produced and distributed by Regional and local governments under strict Provincial standards and legislated controls. The elimination of the sale of bottled water will contribute to the reduction of plastic in landfills. Plastic water bottles can take up to 1000 years to degrade. Mr. Fohr clarified that what is proposed is not a ban on water bottles but elimination of their sale at City facilities. Christopher Colaneri and Harish Aggarwal, members of the Mayor's Youth Advisory Committee showed a short clip from a 2008 Good Morning America show about " Great Pacific Garbage patch ". The committee advised that they are in support of the staff report and recommendations and asked that Council approve the report. This is the first step in making a big difference in reducing the stress on our environment. - 3 - February 23, 2009 Council Minutes ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that the City of Niagara Falls eliminate the sale of plastic beverage bottles at City owned facilities, municipal buildings, and recreation facilities and parks effective May 1, 2009; and That staff develop a recommended implementation plan to increase the access to, and the availability of municipal water through public drinking fountains in municipal indoor and outdoor facilities, and outline the costs in the 2009 capital budget for the consideration of Council. Carried Unanimously PD- 2009 -16 -AM- 2008 -038, Zoning By -law AmendmentApplication, 3800 Bridgewater Street, Applicant: Michael & Nathalie Boyd, Proposed Tourist Home The Director of Planning and Development reviewed the recommendations and provided the following information. Background The subject property contains a detached dwelling with an attached garage. The applicants have requested an amendment to the Zoning By -law to permit the existing dwelling to be used as a tourist home (bed and breakfast) with one bedroom (above the garage) available for tourists. The current zoning does not permit tourist homes and the request is to have the zoning amended site specifically to add a tourist home with 1 bedroom available to tourists, to the list of permitted uses. In addition, site specific reductions to the front and rear yards and exterior side yard setbacks and an increase in the building lot coverage are requested to recognize the siting of the existing dwelling on the property. Planning Analysis PLANNING MATTERS The proposed tourist home complies with the Official Plan • Land is designated Minor Commercial which is primarily intended for commercial uses. • Property has been used for residential purposes since the 1800's. • Existing uses that do not comply with the land use designation can be recognized in the Zoning By -law provided it will not adversely affect or interfere with adjacent complying uses or the planned development. • Residential use of the property has been recognized in the Zoning By -law since 1979 and is deemed to comply with the Official Plan. • Tourist homes are ancillary residential uses that can be considered in single detached dwellings where compatible with the surrounding neighbourhood. • The residential use of the property and the surrounding commercial uses have co- existed for a considerable period of time and a degree of compatibility between the uses has evolved. • No alterations to the dwelling are required; no land use conflicts or traffic issues are anticipated; the parking space required for guests will be inside the attached garage. The requested Zoning By -law amendment is appropriate • The land is currently zoned Residential Single Family 1D Density (R1 D). ▪ The applicant has requested site specific provisions be added to add a tourist home (or Bed and Breakfast) with one bedroom to the list of permitted uses. • Bedroom is located above the garage. No expansion of the dwelling is proposed. There are two parking spaces available with one for the owner and the second for the guest vehicle. • The current dwelling was permitted to be expanded in 1983 through variances approved by the Committee of Adjustment. As a housekeeping measure, the following variances should be incorporated into the amending Zoning by -law: • A reduction in the front yard setback from 6m (19.7 ft) to 1.8 m (5.9 ft) • A reduction in the rear yard setback from 7.5 m (24.6 ft) to 2.6 m (8.5 ft) • A reduction in the exterior side yard from 4.5 m (14.8 ft) to 0.4 m (1.3 ft) • The applicant is also requesting an increase in lot coverage from 40% to 54% to reflect the footprint of the existing dwelling and porches. • The land comprises two lots that have been developed as one parcel with the dwelling straddling the lot line. The amending by -law should include a provision that allows the two lots to be treated as one. Conclusion The requested Zoning By -law amendment can be supported for the following reasons: • The long standing residential use of the property is compatible with surrounding commercial development and its historical character will be maintained. • The proposal is within the intent and purpose of the Official Plan respecting tourist homes. The amending by -law will allow one bedroom for tourist use and recognize existing site conditions most of which were previously approved by the Committee of Adjustment. Recommendation That Council approve the Zoning By -law Amendment application to recognize the existing dwelling on the land to permit it to be used as a tourist home ( bed and Breakfast) with 1 bedroom available for tourists. Michael Boyd, applicant, advised that he is in support of the staff report and recommendations and asked that Council approve the by -law amendment. He indicated that they plan to use the existing dwelling as a tourist home with one bedroom available. Mr. Boyd did not think parking would be an issue but he would work with City staff if any issues arose. The Public Meeting was Closed. ORDERED on the motion of Councillor Fisher, seconded by Councilor Thomson that the report be approved as recommended. Carried Unanimously The report recommends that: - 4 - MISCELLANEOUS PLANNING MATTERS February 23, 2009 Council Minutes PD- 2009 -14 - Chief Administrative Officer - Proposed Streetscape and Beautification Improvements for Queen Street the proposed streetscape and beautification improvements as prioritized by the Downtown BIA for Queen Street; 2. commit $457,000 from the Downtown Public Realm Studies Fund, together with the approved $100,000 from the Region, will provide $557,000 for the improvements; 3. if approved, the City request the Downtown BIA to be responsible for carrying out the maintenance of new flower beds; and 4. Council support an application to the Ministry of Agriculture, Food and Rural Development for funding under their Rural Economic Development Fund (RED), which if approved, will allow additional improvements to be carried out. with Councillors Wing and loannoni opposed. - 5 - February 23, 2009 Council Minutes ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that Don Weaver be permitted to speak. Carried Unanimously Mr. Weaver, BIA Board, provided an overview of the draft construction costs and the selected proposed improvements along Queen Street from River Road to Victoria Avenue. He clarified that the BIA wanted to study the list in more detail and that the proposed fountain was identified in the City's EA for the eastern gateway to Queen Street. ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that #2 of the report be deferred for further staff input. Motion Defeated with Councillors Diodati, Pietrangelo, Mayes, Fisher, Kerrio and Thomson Opposed ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the report be approved with an amendment to # 2, so that $100,000 be committed, matching the Region's funds and that staff bring back a report on what can be done with the $350,000 identified for the improvements. Motion Carried MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci advised the Federal and Provincial governments announced their support for the Lundy's Lane Battlefield Legacy Project committing $6.4 million dollars, which will highlight the 2012 -2014 Bi- Centennial Events. An announcement was made by the 2015 Pan -Am Games Bid Committee that Niagara Falls will be deemed the official "Welcome site" for the 2015 Games. Mayor Salci advised of some recent events: The City hosted Niagara's 2 Annual Industrial Trade Show and the Mayor and Council's Annual Chili Cook -off for Project Share took place Mayor Salci advised of some upcoming events: February 26 at the Chamber of Commerce, the Mayor will give his annual "state of the city" address and the " Best of the Best" hockey event hosted by the Niagara Falls Review takes place on February 28` COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Councillor Pietrangelo exited chambers. 1. Brian Sinclair - Request for Reconsideration, opposed to Committee of Adjustment Decision. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Fisher, seconded by Councillor Kerrio that Mr. Sinclair be permitted to speak. Carried Unanimously Brian Sinclair, representing the applicant, is requesting that Council reconsider its' appeal to the Ontario Municipal Board of the decision of the Committee of Adjustment. He advised that this is a unique in -fill property. It has never been prime agriculture and is surrounded by existing residential development. Allowing the development will not be detrimental. - 6 - February 23, 2009 Council Minutes ORDERED on the motion of Councillor Fisher, seconded by Councillor Kerrio that the application be reconsidered. Motion Defeated with Councillor Wing, Thomson, loannoni and Diodati opposed and Councillor Pietrangelo declaring a conflict. 2. The Fresh Air Fund - Request that March 20, 2009 be proclaimed as " Fresh Air Fund Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Maves, seconded by Councillor Kerrio that the communication be approved as recommended. Carried Unanimously 3. Easter Seals Ontario - Request that the month of March be proclaimed as "Easter Seals Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the communication be approved as recommended. Carried Unanimously 4. Ontario Association of Social Workers - Request that the week of March 2 -8, 2009 be proclaimed as " Social Work Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Kerrio, seconded by Councillor Diodati that the communication be approved as recommended. Carried unanimously REPORTS TS- 2009 -16 - Chief Administrative Officer - Charter Request - Project Share. The report is recommended for the consideration of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Maves that the report be approved. Carried Unanimously Councillor Pietrangelo returned to Chambers. TS- 2009 -17 - Chief Administrative Officer - Presentation of New Bus Graphics The report recommends that Council approve the new Niagara Falls Transit bus design graphic. ORDERED on the motion of Councillor loanonni, seconded by Councillor Thomson that the report be approved as recommended. Carried Unanimously RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati that the actions taken in Community Services Committee, on February 23, 2009 be approved. Carried Unanimously 1. The minutes of the January 26, 2009 meeting be approved. MW- 2009 -03 Christmas Holidays 2008 Flooding Complaints and Staff Response - 7 - February 23, 2009 Council Minutes That staff; 1. Implement a Public Education program. 2. Add supplementary sewer cleaning in problem areas. 3. Complete SSET (TV inspections) of the problem sewer areas. 4. Implement a trial chemical treatment in the problem areas. 5. Investigate the purchase of additional flushing equipment and the use of contractors. That staff prepare a report to Council on; 1. A Weeping Tile Disconnection Program. 2. A comprehensive Sewer Use By -law 3. TS- 2009 -03 Nassau Avenue Portable Speed Hump Update 1. That permanent speed humps not be installed on Nassau Avenue; 2. That the Region of Niagara be requested to install an additional trailblazer sign on Lyons Creek Road to the Chippawa/VVilloughby Arena in advance of Nassau Avenue; 3. That signs indicating "local traffic only" be installed on Nassau Avenue at Sodom Road and at Lyons Creek Road; 4. That a follow -up traffic review be carried out on Nassau Avenue in the fall of 2009. CD- 2009 -03 Fence By -law Variance Appeal That the decision of the Chief Building Official, dated December 1, 2008, be upheld as per the comprise drawing. 5. That City staff work with Niagara Falls Tourism on the Docs on Ice Charity Hockey Tournament , an opportunity to showcase Niagara Falls to the over 800 physicians from across Ontario who will be attending. - 8 - February 23, 2009 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. F- 2009 -06 - 2008 Major Receivables Year- End Report. It is recommended for the information of Council. F- 2009 -09 - Municipal Accounts. It is recommended that Council approve the municipal accounts totaling $11,029,572.94 for the period January 9, 2009 to February 4, 2009. R- 2009 -08 - Heating Systems - Arenas. It is recommended that the following report be received as information. R- 2009 -12 - Award of Sales, Production and Installation at the Gale Centre. It is recommended that Council award the Advertising, Sales, Production and Installation contract for the Gale Centre to The Niagara Falls Review for a five (5) year contract; and that the Mayor and Clerk be authorized to sign the agreement. TS- 2009 -13 - Canadian Corps Commissionaires - 2009 Contract Extension. It is recommended that Council approve a one year extension to the Canadian Corps of Commissionaires ( Hamilton) contract for the supply of Parking Control Services, School Crossing Program Administration and Security Services; and that the Mayor and City Clerk be authorized to sign the extension. TS- 2009 -14 - Ministry of Transportation Lease Renewal - Municipal Lot 18. It is recommended that Council approved a five -year extension to the existing Lease between the Ministry of Transportation and the City of Niagara Falls ; and that the Mayor and city Clerk be authorized to sign the lease extension agreement. ORDERED on the motion of Councillor Pietrangelo , seconded by Councillor Diodati that the reports be approved as recommended. Carried Unanimously RESOLUTIONS NO. 5 - PIETRANGELO - MAVES - therefore be it resolved hat the appropriate staff person be authorized to submit a financial request to the Department of Canadian Heritage in relation to the "Celebrate Canada!" program for organizing activities to celebrate Canada Day. * * ** * - 9 - February 23, 2009 Council Minutes CORPORATE SERVICES AGENDA ORDERED on the motion of Councillor Fisher, seconded by Councillor Pietrangelo that the minutes of February 9, 2009 meeting be approved. Carried Unanimously F- 2009 -08 - 2008 General Purposes Operating Results The report is recommended to receive the report for information purposes; and to direct staff to utilize the appropriate reserves to reduce the operating deficiency for the year. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the report be approved as recommended. Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that the Hendershot Trail, Garner Trail, Bukator Trail and boat dock associated with Bukator Park be removed from the operating Budget. Carried Unanimously ORDERED on the motion of Councillor Kerrio, seconded by Councillor Fisher that staff bring back a report on the Capital Budget projects that affect the 2009 operating budget. Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the suggested additional cuts of $592,000 be approved. Carried Unanimously R- 2009 -04 - User Fees for Sports Playing Fields - The report recommends that the Sports Playing Fields fee schedule be approved effective May 1, 2009 for the spring /summer 2009 season for adult residents, adult nonresident organizations, and nonresidents special event/tournament playing field fees. FS- 2009 -02 - Amendment to User Fee By -law for Fire Prevention and Fire Suppression Services. - The report recommends that Council approve the report initiating amendments to the User Fee By -law for fire prevention and suppression services. FS- 2009 -03 - Carbon Monoxide By -law - The report recommends that Council approve the amended Carbon Monoxide By -law. ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that R- 2009 -04, FS- 2009 -03 and FS- 2009 -03 be approved as recommended. Motion Carried with Councillor Thomson opposed to R- 2009 -04. BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be given a first reading. Carried Unanimously 2009 -26 A by -law to authorize the execution of an Agreement with Lucille Coleman respecting the Adopt -A- Street public service program for volunteers. 2009 -27 A by -law to authorize the execution of an Agreement of Purchase and Sale with Mark Henry Levesque respecting the purchase of lands, being Part 10 on Reference Plan 59R- 13273; in the City of Niagara Falls, in the Regional Municipality of Niagara. - 10 - February 23, 2009 Council Minutes 2009 -28 A by -law to authorize the execution of an Agreement of Purchase and Sale with Patrick William O'Banion respecting the purchase of lands, being Parts 7 and 8 on Reference Plan 59R- 13273; in the City of Niagara Falls, in the Regional Municipality of Niagara. 2009 -29 A by -law to authorize the execution of an Agreement of Purchase and Sale with James Sims and Susan Sims respecting the purchase of lands, being Part 12 on Reference Plan 59R - 13273; in the City of Niagara Falls, in the Regional Municipality of Niagara. 2009 -30 A by -law to authorize the execution of an Agreement of Purchase and Sale with Mary Gillespie respecting the purchase of lands, being Parts 5 and 6 on Reference Plan 59R- 13273; in the City of Niagara Falls, in the Regional Municipality of Niagara. 2009 -31 A by -law to authorize the execution of a Subdivision Agreement with River Realty Development (1976) Inc. respecting Deerfield Estates Subdivision - Phase 8, subject to all conditions of the Agreement being met to the satisfaction of the Director of Planning and Development. 2009 -32 A by -law to permanently close part of a highway and to repeal By -law No. 2009 -06. 2009 -33 A by -law to amend By -law 79 -200, to permit a dwelling with two dwelling units. 2009 -34 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. 2009 -35 A by -law to authorize the payment of $11,029,572.94 for General Purposes. 2009 -36 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 23r day of February, 2009. 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 Unanimously Loose Leaf Pick Up ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that staff bring back a report on what will be done with the left over leaves that were not picked up from the Fall loose leaf collection. Carried Unanimously ORDERED on the motion of Councillor Kerrio, seconded by Councillor Diodati that the meeting be adjourned at 10:45 p.m. Carried Unanimously NEW BUSINESS * ** * * 177: DEAN I.RFI (PITY CLERK R.T. (TED) SALCI, MAYOR