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2010/06/14NINTH MEETING REGULAR COUNCIL MEETING Council met on Monday, June 14, 2010 at 7:00 p.m. for the purpose of considering Regular Business matters. All members of Council were present except Councillor Mayes were present. Councillor loannoni offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Councillor Fisher, seconded by Councillor Kerrio that the minutes of May 31, 2010 be approved. Mayor's Youth Advisory Committee Greenest Non - Profit Organizations UNFINISHED BUSINESS Background DEPUTATIONS /PRESENTATIONS Council Chambers June 14, 2010 Carried Unanimously Steven Sonnenberg and Aaron Bailey, Maira Sarwar of the Mayor's Youth Advisory Committee updated Council on the various events that have taken place over the school year. A brief video was shown demonstrating the various activities that members of the Mayors Youth Advisory participated in. Pat Mascarin and Frank Fohr, members of the Park in the City Committee informed Council that the Committee recently received an award, the Greenest Non - Profit Organization in Niagara Award as part of the Niagara Region Environmental Awards. Ms. Mascarin expressed the committee's excitement and honour on received this award. Other local recipients, the Stamford Collegiate Eco- Freaks, were also acknowledged. PLANNING MATTERS PD- 2010 -41- AM- 2009 -012, Zoning By -law AmendmentApplication, 5823 Temperance Avenue. Applicant: Ben Yosef The Director of Planning and Development reviewed the recommendations and provided the following information. The applicant is requesting the General Commercial zoning be amended site specifically: ► To add a Group Home for up to 17 persons; • Recognize the existing siting of the building; ► Allow one parking space. A Neighbourhood Open House was held on January 18, 2010 and no members of the public attended the meeting. The application was deferred by Council at its February 22, 2010 meeting as there were a number of questions regarding the operation and who regulates the use. - 2 - June 14, 2010 Council Minutes The applicant provided further details on the function of the Group Home and a second Neighbourhood Open House was held on April 27, 2010. No members of the public attended this meeting. The application was deferred by Council on May 31, 2010 to allow a site inspection. June 7 was set up for a site visit. General Observations and Comments Staffing The owner has stated, most recently, that two full time staff will be provided during the day and one full time staff person overnight. Ownership and Operation Staff has learned that the owner, Alex Kangramanov, has 15 years of experience in the geriatric field and 7 years experience in a long term care facility. Building and Fire Codes The upper floor contains 10 completed residential units. The bottom floor still requires renovations which include the raising of the ceiling in the hallway, the enlargement of the windows in each habitable room and the installation of an exit stairway to the outside. Fire Services staff have indicated additional work is needed, such as a fully sprinklered building and proper fire exit doors. The owner is prepared to fully comply with these requirements. The owner advised that the kitchen upgrades are required to meet Regional Health requirements. Inspections There are requirements for inspections by Regional Public Health three times a year for food safety and one inspection a year for maintenance safety. There are also inspections that could be carried out by City staff under the City's Second Level Lodging By -law to ensure that the living accommodations are maintained to a level that meets an appropriate standard. Occupancy Levels The building can be renovated to accommodate 17 people, with 10 people on the upper level and 7 on the lower level. Dining room and living room space will satisfy City requirements once renovations have occurred. Considerable renovations still remain for the lower level to convert this area into a safe condition. Council could phase the group home through the approval of 10 units on the upper level and place a holding provision on the lower 7 units until the improvements have been made in accordance with the Building and Fire Services requirements. The increase to a maximum of 17 residential units would only be approved after all of the City requirements have been satisfied. Parking spaces currently exist for 1 permanent parking spot, fully on the subject property. There is room for 3 or 4 additional parking spaces which project onto part of the City's road allowance, but do not block the City sidewalk or traveled portion of the road. Use of the City lands for parking could be resolved through a lease agreement (if required) to utilize the City's property. Land Use Based on land use planning, the application can be supported because: ► Official Plan permits surplus commercial lands to be considered for residential development. ► Group Home is an appropriate transition between commercial and residential uses. ► Building is existing and has achieved a degree of compatibility. ► The building would meet the minimum requirements for occupancy once renovations are complete and compliance with the Building Code and Fire Code requirements have been achieved. ► Provision of one on -site parking space is available full on -site with 3 spaces available which extend onto municipal property. Recommendation That Council approve the Zoning By -law Amendment application to permit the property to be used as a municipally licensed Group Home for up to 10 persons in the first phase and a second phase of up to 7 persons be placed in a holding zone until all requirements of the municipality have been satisfied and the provision of one required parking space on -site. Rick Brady, Urban Environmental Management, on behalf of Fitscare Supported Living Inc, advised that his client is attempting to provide safe, affordable living accommodations. If not approved, the clientele the facility caters to would be living on the street, in shelters or in hotels without care or supervision. He indicated that the people who will reside at the facility will have private rooms with lockable doors, and meals will be provided on a regular basis by full -time care professionals. Mr. Brady pointed out that there had been no public opposition at the neighbourhood meetings. He indicated that his client was willing to abide by the two -step approval process: getting approval for ten (10) and then doing the requisite' upgrading to meet the necessary building /fire codes for seventeen (17). The higher occupancy is necessary to make the project sustainable. ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that the application be denied. Councillor Diodati NAYE Councillor Fisher AYE Councillor loannoni AYE Councillor Kerrio NAYE Councillor Pietrangelo NAYE Councillor Thomson AYE Councillor Wing AYE Mayor Salci NAYE Councillor Maves entered the Council Chambers. 3 June 14, 2010 Council Minutes Motion Defeated ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that Council approved the recommendations of report PD- 2010 -47. Councillor Diodati AYE Councillor Fisher NAYE Councillor loannoni NAYE Councillor Kerrio AYE Councillor Maves AYE Councillor Pietrangelo AYE Councillor Thomson NAYE Councillor Wing NAYE Mayor Salci AYE PD- 2010 -46 - Official Plan Amendment No. 94, Growth Plan Conformity Update The Director of Planning and Development reviewed the staff report and recommendations. The report recommends: Motion Carried 1. That Council adopt the draft amendment to bring the Official Plan into conformity with the Province's Growth Plan for the Greater Golden Horseshoe and the Regional Policy Plan 2. That the amendment be forwarded to Niagara Region for approval. - 4 - June 14, 2010 Council Minutes Rick Brady, Urban Environmental Management, on behalf of Niagara Home Builders Association, advised Council that he met with planning staff and addressed the concerns /issues of the associations. They did not get 100 percent of what they wished but they were happy with the process and staff's cooperation and efforts. Jean Grandoni, R R # 1, Garner Road, indicated that she is generally in favour of the amendment but requested that Council designate the farmlands between Niagara Falls and Thorold and between the Niagara escarpment and the Welland river as "good fruit and good grape lands ", not just "Good General farmlands" as currently designated. Ms. Grandoni supports containing the urban development to within existing boundaries to conserve the natural resources. The Public Meeting was Closed. ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that report PD- 2010 -46 be deferred. Mayor Salci advised of upcoming events: Breakfast Television is coming to Niagara Falls, the Rotary Ribfest at Optimist Park, the opening of the Niagara Falls Museum at its new, temporary home, the Armoury on Victoria Avenue, the grand opening of the Gale Centre and the annual Canada Day Celebrations. a) CD- 2010 -05 Chippawa Boat Dock MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Victoria Centre BIA - Requesting that the BIA be allowed to place banners promoting their area on the public utility poles. RECOMMENDATION: That the request be approved in principle, with staff bringing back an appropriate amendment to the Sign By -law to accommodate BIA banner requests. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the request be approved as recommended. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS Carried Unanimously Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati that the actions taken in Community Services Committee, on June 14, 2010 be approved. Carried Unanimously That the Chippawa public dock be installed in the original location and that a City committee be formed to establish a long term plan for public docks on the Welland River. b) MW- 2010 -37 DWQMS Operational Plan Re- submission 1. That City Council as Owners of the Niagara Falls Water Distribution System endorse the Drinking Water Quality Management System Operational Plan 2. That staff be authorized to make the appropriate application to the Canadian General Standards Board prior to June 23, 2010. c) TS- 2010 -32 Tourist Area Parking Demand Study Deferred d) TS- 2010 -31 2009 Motor Vehicle Collision Report For the information of the Committee. e) TS- 2010 -30 Fourth Avenue Traffic Mitigation Plan for Access to Gale Centre g) RC- 2010 -14 Gale Centre Agreements f) RC- 2010 -13 Swimming Pool Fees 2010 That six speed humps be installed on Fourth Avenue and Hamilton Street. Deferred 5 June 14, 2010 Council Minutes 1. That Council approve the lease agreements with 2212396 Ontario Inc., operating as Break -A -Way Concessions Niagara and Front Row Sports Ltd., operating as Front Row Sports Excellence. 2. That Council approve the licence agreements with Niagara Falls Minor Hockey Association, Niagara Falls Girls Hockey Association, Niagara Falls Skating Academy, Niagara Falls Ringette and the Recreational Minor Hockey Association for their respective use of the Gale Centre facilities and amenities. 3. That Council approve the Rules and Regulations and the Operating Policy for the Gale Centre agreements. 4. That the Mayor and Clerk be authorized to execute the licence agreements. h) That the Employee Survey Results be received and filed. I) NEW BUSINESS: That staff prepare a report on the recent alarm at the Gale Centre and the related costs. -6 June 14, 2010 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. L- 2010 -10 - Permanently Close, Declare Surplus and Convey, Oswald House Fence Issue. The report recommends that Parts 1 and 2 on Reference Plan 59R -14168 "subject lands ") located on portions of the St. Paul Avenue and Church's Lane road allowances be permanently closed; declared surplus; and conveyed to the abutting landowner located at 2922 St. Paul Avenue. MW- 2010 -38 - Tender 2010 -03 - Overlay Phase 1 & 2 City -Wide. The report recommends: 1. That the City of Niagara Falls award the tenders for the Asphalt for the Asphalt Overlay Phase 1 and Phase 2 to Rankin Construction Inc. 2. That the Mayor and City Clerk be authorized to execute the necessary agreement. MW- 2010 -39 - Tender 2010 -08 - Surface Treatment City -Wide. The report recommends: 1. That the City of Niagara Falls award the tender for the Surface Treatment to Norjohn Contracting & Paving Ltd. 2. That the Mayor and City Clerk be authorized to execute the necessary agreement. PD- 2010 -45 - PLC - 2010 -003, Request for Removal of Part Lot Control. The report recommends: 1. That Council approve the request and pass the by -law included in tonight's agenda to designate Parts 1, 2 and 3 of 59R- 14216, as exempt from Part Lot Control. 2. That the owner be given three years to create the new parcels and notify the City when the separate deeds have been registered. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Fisher that the reports on the consent agenda be approved as recommended. Carried Unanimously The report recommends: HR- 2010 -05 - Chief Administrative Officer - Vacation Entitlement - Mayor 1. For the information of Council; and 2. That staff report back in September with a report regarding the overall remuneration and benefits as requested by Council. ORDERED on the motion of Councillor Diodati, seconded by Councillor loannoni that the Mayor's Office discontinue the Administrative practice of tracking the Mayor's time. Carried Unanimously 2010 -82 2010 -83 -7- June 14,2010 Council Minutes BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be given a first reading. Carried Unanimously 2010 -81 A by -law to designate Parts 1, 2 and 3 of 59R- 14216, not be subject to part lot control. (PLC- 2010 -003) A by -law to amend By -law No. 71 -57, being a by -law to provide for the regulation, protection and government of all lands and properties owned by and in the City of Niagara Falls and used for park purposes. 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. 2010 -84 A by -law to provide fees and charges for various services, licences and publications for the City of Niagara Falls. 2010 -85 A by -law to permanently close part of a highway. 2010 -86 A by -law to declare the following: 1. Part of the road allowance between Township Lots 43 and 44 and 36 and 37 and part of Township Lots 36 and 44 being Part 1 on Reference Plan 59R- 14168, in the City of Niagara Falls; and 2. Part of the road allowance between Township Lots 43 and 44 being Part 2 on Reference Plan 59R- 14168, in the City of Niagara Falls, surplus. 2010 -87 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 14 day of June, 2010. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be read a second and third time and passed. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that the meeting be adjourned at 9:35 p.m. Carried Unanimously Carried Unanimously DEAN IORFID , CFTY CLERK R.T. (TED) SALCI, MAYOR