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2009/08/10Chambers August 10, 2009 Council met on Monday, August 10, 2009 at 7:00 p.m. for the purpose of considering Regular Business matters. All members of Council except Councillor Pietrangelo were present. Councillor loannoni offered the Opening Prayer. Coat of Arms FOURTEENTH MEETING REGULAR COUNCIL MEETING ADOPTION OF MINUTES ORDERED on the motion of Councillor Fisher, seconded by Councillor Kerrio that the minutes of July 20, 2009 be approved as printed. Carried Unanimously * DEPUTATIONS /PRESENTATIONS Mayor Salci recognized Derek Tidd for his many years of preparation and fundraising for the City's Coat of Arms, which was unveiled on Canada Day. Also, Derek unveiled his own personal family Coat of Arms. PLANNING MATTERS PD- 2009 -51 - Supplemental Report, 26- CD -11- 2008 -03, Draft Plan of Condominium ( Conversion) 4218 Portage Road (East Side), North of G Zoning By -law Amendment Application, Dunn Street ( Gaillinger Street), Owners: Shaukat and Amina Parekh (Brian Sinclair) The Director of Planning reviewed the recommendations and provided an update. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that Ms. Rienzo be permitted to speak beyond the10 minute time limit. Carried Unanimously Carla Rienzo, 4218 Portage Road, tenant of over 26 years. Ms. Rienzo expressed concerns with the proposed condo conversion and stressed that Council needs to give this application extensive thought and not rush it through. Ms. Rienzo outlined a number of landlord - tenant concerns. Donelda Warren, 4218 Portage Road, a tenant, spoke of her attendance at the meeting held by the applicant's lawyer. She wanted to ensure that the building is maintained. Shaukat Parekh, owner, stressed that the tenants are all protected under the Landlord Tenant Act and nobody would be wrongfully evicted. Mr. Parekh addressed the concerns of some tenants and stated it was inappropriate to hold up the application because of the opposition of one vocal tenant. - 2 - August 10, 2009 Council Minutes Brian Sinclair, agent for the applicant, stated that under the present legislation, the tenants are protected. He advised that the conversion would be a better situation for the tenants and his client is willing to address any issues the tenants have. There are two conditions set out and he agreed that the tenants should be involved. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the report be approved as recommended, subject to staff working with the landlord and tenants to resolve any of the site plan and zoning by -law deficiencies (cf. Condition #4 and #6). with Councillor Wing opposed. MAYOR'S REPORTS. ANNOUNCEMENTS Mayor Salci extended condolences to Kent Schachowskoj, a city employee, on the passing of his father. Mayor Salci indicated that GO Service in Niagara Falls continues to be positive addition to the city with a total ridership of more than 23,000 people. Mayor Salci advised of some upcoming events: Project Share fundraiser, 10 Men in a Tent will begin next week, the 12 the Annual Terry Fox BBQ, Glenn's Wish Fundraiser with proceeds being used to purchase a PLASMAPHERISES machine for the new Regional Cancer Centre. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Motion Carried 1. Library Board Vacancy - The Niagara Falls Public Library Board has had two recent resignations and recommends a candidate. RECOMMENDATION: That Council choose two (2) candidates to fill the vacancies of the Public Library Board. ORDERED on the motion of Councillor Fisher, seconded by Councillor Thomson that the communication be deferred until after the September Library Board meeting. Carried Unanimously 2. Accuchek Cyclebetes Relay - a request for financial sponsorship from a participant. RECOMMENDATION: Receive and file the request. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Diodati that the communication be received and filed but the City publicize the efforts. Carried Unanimously REPORTS FINANCE REPORTS CPS - 2009 -07 - Chief Administrative Officer - Grant Programs Applications Update The report recommends: 1. That the 2009 -2013 Capital Project Budget be amended to add and /or revise the eight projects funded through the ICF, RING and JEPP grant programs, totaling $9,612,909 as per Attachment 1. - 3 - August 10, 2009 Council Minutes 2. That $3,199,500 funding by the City for the eight capital projects be approved as per Attachment 1. 3. That the capital projects implementation plan be endorsed as per Attachment 1. ORDERED on the motion of Councillor Thomson, seconded by Councillor Diodati that the report be approved as recommended. Carried Unanimously F- 2009 -40 - Chief Administrative Officer - 2008 Capital Accounts Report The report is recommended for the information of Council. ORDERED on the motion of Councillor Fisher, seconded by Councillor Diodati that the report be approved as recommended. Carried Unanimously F- 2009 -41 - Chief Administrative Officer - 2008 Reserves and Reserve Funds The report recommends that City Council review and approve the 2008 transfers to reserves and reserve funds. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Diodati that the report be approved as recommended. Carried Unanimously F- 2009 -39 - Chief Administrative Officer - Tax Receivables Monthly Report (June) The report is recommended for the information of Council. ORDERED on the motion of Councillor Fisher, seconded by Councillor Kerrio that the report be approved as recommended. Carried Unanimously 2. PD- 2009 -57 Oswald House Fence 2922 St. Paul Avenue RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati that the actions taken in Corporate Services Committee, on August 10, 2009 be approved. Carried Unanimously 1. The minutes of the June 29, 2009 meeting be approved as amended. That the Committee recommend the removal of the stone fence from the City road allowance and offer the material to the owners of 2922 St. Paul Avenue. 3. MW- 2009 -57 Update Thorold Stone Road Extension That City staff provide assistance to the Region, Cytec and Canadian Niagara Hotels (CNH) to ensure the completion of the Thorold Stone Road Extension. 4. TS- 2009 -22 Forest glen Drive and Glenoaks Avenue Parking Review - 4 - August 10, 2009 Council Minutes 1. That a "No Stopping, 8:00 a.m. to 4:30 p.m., Monday to Friday, Excluding Holidays" zone be implemented on the south side of Forest Glen Drive between Glenoaks Avenue and Oakridge Drive; 2. That a "No Stopping, 8:00 a.m. to 4:30 p.m., Monday to Friday, Excluding Holidays" zone be implemented on the east side of Glenoaks Avenue between Forest Glen Drive and Thorold Stone Road; 3. That the existing "No Parking, 8:00 a.m. and 4:30 p.m., Monday to Friday" zone on the south side of Forest Glen Drive between Glenoaks Avenue and a point 85 metres east of Glenoaks Avenue, be removed; 4. That the existing "No Parking" restriction on the east side of Glenoaks Avenue between Forest Glen Drive and Thorold Stone Road be removed; and, 5. That the existing "No Parking, 8:00 a.m. and 4:30 p.m., Monday to Friday" zone on the west side of Glenoaks Avenue between Forest Glen Drive and Thorold Stone Road, be removed. 6. That staff review the St. Vincent de Paul School Site Plan Agreement and determine if additional parking spaces are available immediately. 5. TS- 2009 -31 Kelly Drive and Heikoop Crescent Parking Control Review 1. That a "No Stopping, 8:00 a.m. to 10:00 a.m. and 2:00 p.m. to 4:00 p.m., Monday to Friday, Excluding Holidays, September 1st to June 30 zone be implemented on the south and north sides of Heikoop Crescent between Kelly Drive and Parkside Road; and, 2. That a "No Stopping, 8:00 a.m. to 10:00 p.m. and 2:00 p.m. to 4:00 p.m., Monday to Friday, Excluding Holidays, September 1s to June 30 zone be implemented on the west and east side of Kelly Drive between Greenfield Crescent and Heikoop Crescent; and, 3. That a "No Stopping, 8:00 a.m. to 10:00 p.m. and 2:00 p.m. to 4:00 p.m., Monday to Friday, Excluding Holidays, September 1s to June 30 zone be implemented on the outer bulb of the Kelly Drive and Heikoop Crescent junction. 6. That staff investigate parking for the Hendershot Trail in the vicinity of Cuviello Court. 7. That staff investigate the terms of the sale of land on the Swayze Drive property, including the costs of servicing. - 5 - August 10, 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. BDD- 2009 -03 - Niagara Convention and Civic Centre Construction Update. It is recommended that the update report of the Niagara Convention and Civic Centre (NCCC) project be received for information purposes. HR- 2009 -04 - Benefits Renewal - Sun Life Assurance Company of Canada. It is recommended that Council approve the premium renewal (2.8 %) for employee with Sun Life Assurance Company for the period of September 1, 2009 to August 31, 2010. MW- 2009 -58 - Tender # T- 09 -20, New Equipment Purchase. It is recommended that staff be authorized to proceed with the purchase of the vehicles and equipment specified in the Tenders #T -18 -2008 and #T -09 -2009 awarded to the lowest qualified bidder as set out in this report. MW- 2009 -56 - Contract 2009 - 216 -08, Lyons Creek Road and Stanley Avenue Watermain Loop. It is recommended that the unit prices submitted by the lowest tenderer Provincial Construction be accepted for the above noted contract; and that the Mayor and City Clerk be authorized to execute the necessary agreement. PRC- 2009 -23 - Easement Agreement with Enbridge - Palmer Park. It is recommended that the City of Niagara Falls enter into an Easement Agreement with Enbridge Gas to allow for a gas line and pumping station to be placed on City lands at Palmer Park; and that the Mayor and Clerk be authorized to execute the agreement. PD- 2009 -58 - Matters Arising from Municipal Heritage Committee. It is recommended that Council approve the following Designated Property Grants: 1. For two thirds of the eligible costs for the repointing of the masonry on all four walls of the former CIBC Bank building at 4190 Bridge Street, to a maximum of $3,000, as outlined in this report. 2. For two thirds of the eligible costs for the re- pointing of the rubble stone foundation on the west and north interior walls of the Oswald House at 2922 St. Paul Ave, to a maximum of $3,000, as outlined in this report. PD- 2009 -54 - RBL -RGP - 2009 -001 Residential Loan & Revitalization Grant, 5688 Main Street (Nick Vaccaro). It is recommended that Council approve the Residential Loan and Revitalization Grant application by 753049 Ontario Limited (Dr. Nick Vaccaro) subject to satisfying the program requirements including the entering into agreements with the City and That the Mayor and Clerk be authorized to execute the loan and grant agreements. PD- 2009 -55 - Extension to Draft Plan Approval, Warren Woods (West) Draft Plan of Subdivision 26T -96001 (Revised Garner Road (EastSide), South of McLeod Road). Owner: Warren Woods Land Corporation ( Robert O'Dell). It is recommended that Council grant a one -year extension to draft plan approval for the Warren Woods ( West) Plan of Subdivision. PD- 2009 -56 - FCM Funds to Assist in Remediation of Cytec Lands. It is recommended that Council advise FCM that the City no longer wishes to participate in the program. - 6 - August 10, 2009 Council Minutes PD- 2009 -59 - Request for Deeming By -law, 5725 Progress Street - Lots 18 & 19, Mancuso Chemicals. It is recommended that Council pass the by -law appearing on tonight's agenda to designate Lots 18 and 19, Plan 243 to be deemed not to be within a registered plan of subdivision. PD- 2009 -60 - PLC - 2009 -01, Request for Removal of Part Lot Control Blocks 2, 3 & 4, Registered Plan 59M-357. 7748, 7768 & 7796 Ascot Circle (Ascot Woods Extension 6). Owner: Pinewood Homes (Tara) Ltd. It is recommended that Council approve the request and pass the by -law included in tonight's agenda to designate Blocks 2,3 & 4, Registered Plan 59M -357, as exempt from Part Lot Control; and that the owner be given six months to create the new parcels and notify the City when the separate deeds have been registered. TS- 2009 -24 - Transit Agreement with Brock University Student's Union. It is recommended that Niagara Falls Transit services be provided to full time Brock University students during the following periods; September 1, 2009 through April 30, 2010 and September 1, 2010 through April 30, 2011; and That Niagara Falls Transit service is extended to Brock University in St. Catharines provided the cost of the service between municipalities is fully paid for by to Brock University Student's Union; and municipality enter into an agreement with the Corporation of the Town of Fort Erie Mayor and to supply transit service; and that the Mayor and City Clerk be authorized to execute the necessary agreement. TS- 2009 -35 - 5688 -5704 Main Street - Encroachment Agreement. It is recommended that Council approve an encroachment request to allow a set of stairs to be installed on the City right -of -way for a proposed retirement residence at 5688 - 5704 Main Street. ORDERED on the motion of Councillor Fisher, seconded by Councillor Diodati that the reports on the Consent Agenda be approved as recommended. Carried Unanimously CPS - 2009 -06 - Chippawa Junior C River Hawks. It is recommended that the payment plan for the outstanding receivable for ice rental fees by the Chippawa Junior C River Hawks be approved. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisherthat the report be approved and Council be provided with a copy of the business plan when received. Carried Unanimously RESOLUTIONS NO. 31 - THOMSON - FISHER - therefore be it resolved that the Niagara Falls City Council request a regulation under the Fish and Wildlife Conservation Act, 1997 allowing Sunday gun hunting. Carried Unanimously NO. 32 - THOMSON - WING - therefore be it resolved that Canada take an international leadership role and propose a ban on the harvesting of shark fins at the next Convention on International Trade of Endangered Species. Carried Unanimously - 7 - August 10, 2009 Council Minutes BY -LAWS ORDERED on the motion of Councillor Diodati, seconded by Councillor Maves that the by -laws be given a first reading. Carried Unanimously 2009 -124 A by -law to designate Lots 18 and 19, Plan 243 to be deemed not to be within a registered plan of subdivision. (SPC- 2009 -011) 2009 -125 A by -law to provide for the adoption of Amendment No. 91 to the City of Niagara Falls Official Plan. (OPA No. 91) 2009 -126 A by -law to amend By -law No. 79 -200, being a by -law to permit light industrial uses and a retail outlet mall within the Elgin Industrial Area. (AM- 2008 -013) 2009 -127 A by -law to amend By -law No. 79 -200 to permit a broad range of industrial, service commercial and institutional uses within a portion of the Elgin Industrial Area. (AM- 2008 -013) 2009 -128 A by -law to amend By -law No. 79 -200 to recognize parkland within the Elgin Industrial Area. (AM- 2008 -013) 2009 -129 A by -law to amend By -law No. 79 -200 to permit an apartment building with commercial uses on the ground floor within the Elgin Industrial Area. (AM- 2008 -013) 2009 -130 A by -law to amend By -law No. 79 -200 to permit tourist commercial uses within a portion of the Elgin Industrial Area. 2009 -131 A by -law to designate Blocks 2, 3 & 4, Registered Plan 59M -357, not be subject to part lot control. (PLC - 2009 -01 Ascot Circle) 2009 -132 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 -133 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Second Avenue ) 2009 -134 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 10 day of August, 2009. ORDERED on the motion of Councillor Diodati, seconded by Councillor Maves that the by -laws be read a second and third time and passed. Carried Unanimously Beck III Project NEW BUSINESS ORDERED on the motion of Councillor Diodati, seconded by Councillor loannoni that staff investigate the potential opportunity for additional compensation in light of the extension of the Beck III project. Carried Unanimously - 8 - August 10, 2009 Council Minutes ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati that the meeting be adjourned at 9:00 p.m. Carried Unanimously DEAN IORFIJQA, CITY CLERK R.T. (TED) SALCI, MAYOR