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2010/08/09DEAN IORFII YA, CI Y CLERK Pool and Child Safety L TWELFTH MEETING IN CAMERA MEETING ADOPTION OF MINUTES REGULAR COUNCIL MEETING DISCLOSURES OF PECUNIARY INTEREST DEPUTATIONS /PRESENTATIONS Committee Room 2 August 9, 2010 Council met on Monday, August 9, 2010 at 6:30 p.m. in an In Camera Session. All members of Council were present. Councillor Wing presided as Chairman. Following consideration of the items presented, the In Camera Session did rise and report in open session. R.T. (TED) SALCI, MAYOR Council met on Monday, August 9, 2010 at 7:25 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Jenna Greco sang the National Anthem. Councillor Pietrangelo offered the Opening Prayer. ORDERED on the motion of Councillor Fisher, seconded by Councillor Maves that the minutes of June 28, 2010 be approved as printed. Councillor Wing indicated a pecuniary interest to cheque no. 338483, from the July 19 meeting, made out to her daughter's employer. Councillor Thomson indicated a conflict to Communication # 2, involving a member of his family's employer. Elaine Bassett - Kollee made a presentation to Council addressing the importance of implementing safety measures to avoid infant pool drowning. Ms. Bassett- Kollee asked that the City take the initiative to inform the public about the importance of pool safety when applying for their permits at City hall. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the information be provided to the Building department for distribution , staff review the Swimming Pool By -law and look at other ways to inform the public. Carried Unanimously PD- 2010 -68 - AM- 2010 -016, Official Plan and Zoning By -law Amendment Application. 4407 Montrose Road. Applicant: Rosemary Cordasco. Proposed Cosmetic Treatment Clinic. The Director of Planning and Development reviewed the recommendations and provided the following information. Background - 2 - August 9, 2010 Council Minutes PLANNING MATTERS The applicant requests the conversion of two dwelling units on the second floor of the existing building on the 0.18 ha (0.45ac) parcel to a clinic use. The existing building was formerly a dwelling. The lands are designated Residential in the Official Plan with a Special Policy Area designation and are zoned Residential Single Family and Two Family with a site specific provision to permit an office or personal service shop use of up to 140 m on the ground floor only of the existing building. An amendment to the Official Plan and Zoning By -law is requested to permit use of the entire building for offices, personal service shops and a clinic. A neighbourhood open house was held on July 5, 2010. Concern was expressed regarding the expansion and entrenchment of commercial use of the lands. It was indicated that with certain mitigation measures such as a paved parking area, proper lot drainage, wood fencing and the use of large trees for screening of the parking area, the concerns could be dealt with. The applicant is amenable to providing these measures. Official Plan The land is designated Residential in the OP with a Special Policy Area designation adopted in 2004 to permit either an office or personal service shop on the ground floor. These commercial uses are intended to be interim in nature to protect the long term redevelopment of the land for multiple unit residential purposes. The proposed changes are acceptable for the following reasons: ► The loss of 2 residential units will not significantly impact the inventory of residential units; ► The uses will be contained within the existing building thus limiting the extent of the commercial use of the property; ► The proposed uses are not of a nature to create an excessive amount of traffic, noise or other nuisances; ► The minor increase ( --90m in commercial floor area is unlikely to impact the function of planned commercial areas; and ► Potential impacts from on -site vehicle movements and parking can be mitigated through site design. Site Design The proposal is to extend the southerly driveway to the west and south of the building to provide the additional parking needed. The proposed design would place parking behind existing and future dwellings on neighbouring lands. Much of the front yard is already gravel and used for parking. It is recommended that the proposed parking be redesigned. - 3 - August 9, 2010 Council Minutes A redesign would leave the entire rear yard of the property as a landscaped area while allowing for a minor increase to the parking area thereby decreasing development costs for the applicant. Zoning By -law The parcel is zoned site specific Residential Single Family and Two Family. The proposed amendment would change the site specific provision to allow the entire building to be used as a clinic in addition to the office and personal service shop. The long term intent is to protect the lands for future multi -unit residential development therefore the bylaw would limit the commercial area to the existing building (228m of floor area). A total of 15 parking spaces is required. The following site specific zoning provisions are recommended: ► Increased parking area provisions: from 30% to 45% in lot coverage; from 50% to 90% of the front yard; and from 40m to 100m of the rear yard; The following site specific zoning provisions are recommended (cont): ► A 1.8m high wood fence around the perimeter of the property. (A 2.4m high wood fence had been requested along the property line with the semi - detached dwelling to the south however with the revised parking area design moving parking away from this area this should not be required). ► A minimum landscaped open space area of 45% including: a 3m wide landscape strip between the parking area and the southerly side yard lot line to protect mature trees and buffer the adjacent residential use; and a 3m wide landscape strip along the front lot line to provide a pleasing streetscape along Montrose Road. Site Plan Control A site plan agreement for the property is required to ensure proper site design. Conclusion The requested Official Plan and Zoning By -law amendments can be supported for the following reasons: The loss of 2 residential units will not adversely impact housing inventory; There is a modest increase in the size of commercial uses on the land; The full use of the existing building for commercial purposes will not impact on planned commercial areas; and A revised site design can address the potential impacts on surrounding residents. Recommendation That Council approve the amendments to the Official Plan and Zoning to permit the second floor of the existing building to be used as a clinic. Rosemary Cordasco, 4407 Montrose Road, was in agreement with the recommendation report and was available to answer any questions. The Public Meeting was Closed. 4 August 9, 2010 Council Minutes ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that the report be approved with the neighbours invited to participate in the site plan process. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci advised of some upcoming events: The Association of Municipalities of Ontario (AMO) is holding its annual conference in Windsor, the 89 Annual Flower and Vegetable Show hosted by the Niagara Falls Horticultural Society, Club Italia's Bigga Tomato Fest and the Niagara Falls Elvis Festival at Oakes Garden Theatre. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 Metis Nation of Ontario - Requesting that a flag be flown at City hall the week of November 16 -22, 2010 commemorating Louis Riel. RECOMMENDATION: For the Consideration of Council. 2. Copacabana - Requesting an amendment to the City's Business Licensing By -law to permit a refreshment vehicle on property that already possesses a restaurant licence. RECOMMENDATION: Refer to staff. 3. Theresa Roth - Requesting that Council consider conveying the former rail property to the Park Street residents. RECOMMENDATION: Refer to staff. 4. Legion Branch 479 - Request for relief from the noise by -law. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the request for Communication #1 be approved and the remainder communications be approved as recommended. Additional Items for Council Consideration: Carried Unanimously The City Clerk will advise of any further items for Council consideration. - 5 - August 9, 2010 Council Minutes REPORTS 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 August 9, 2010 be approved. Carried Unanimously 1) The minutes of the July 19, 2010 meeting be approved. 2) REPORTS: a) PD- 2010 -61 Matters Arising from the MHC, Queen Victoria Fountain That the report be received for information. b) PD- 2010 -69 Supplemental Report - Queen Victoria Fountain /Monument That the Queen Victoria Fountain be removed from its current location intact, if physically possible, by a qualified mason following proper and. prescribed heritage preservation practices and held in storage; and That staff, the Museum Board, the Municipal Heritage Committee and the Main & Ferry BIA work together to determine the appropriate future location for the monument and report back to Council. c) CD- 2010 -08 Niagara Military Museum That a 30 -month lease be prepared between the City and the Niagara Military Museum; That at the end of the 30 -month lease there be a complete review and report presented to Council on the long term viability of the Niagara Military Museum, prior to any further commitment by the City, and That the Mayor and Clerk be authorized to execute the lease. d) PD- 2010 -62 Status of the Special Purpose Reserve within the Historic Drummondville CIP Area That Council receive the breakdown of the Special Purpose Reserve for the Historic Drummondville CIP and rescind the approval of five CIP applications based on the inactivity taking place on the properties, with the applicants of the inactive applications able to revive their applications, if they so wish, without having to formally reapply. e) F- 2010 -48 Assessment of Outdoor Inventory Areas That Council petition MPAC, through AMO, for amendments to the Assessment Act to tax outdoor inventory areas. 6 August 9, 2010 Council Minutes f) TS- 2010 -37 Niagara Air Bus Vehicles That the report be deferred. g) TS- 2010 -38 Family & Children Services Charter Request That Council approve the request of FAC's for a grant equal to the cost of Charter Services. h) CAO- 2010 -06 Gale Centre Alarms That the report be received for the information of Council. 1) CD- 2010 -07 Political Advertising That the Corporate Advertising Policy state the following regarding political advertising: The City will not allow advertising, eitherdirectly or through third party arrangements that promotes, or may be construed to promote, a political party or candidate, so as to avoid any impression that the City is supporting any particular party or candidate. 3) NEW BUSINESS: That a letter be sent to Toronto Blue Jay All Star John Buck inviting him to Niagara Falls. RATIFICATION OF IN CAMERA COMMITTEE RECOMMENDATIONS ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that: the recommendations from the "In Camera" meeting on August 9, 2010 be approved. 1. BDD- 2010 -05 - People Mover Operations, Maintenance and Storage Facility Site Selection 1. That Council reconfirm its Feb. 22 approval, approving the City -owned Salt Yard site on Stanley Avenue for the People Mover Operations, Maintenance, and Storage Facility (OMSF). 2. That staff investigate the opportunity to combine the People Mover and Niagara Falls Transit operations on the selected site, and report back to Council following the investigation. 2. HR- 2010 -07 - New Collective Agreement Between the City of Niagara Falls and the Amalgamated Transit Union, Local 1582 1. That Council ratify the amended Collective Agreement between The Corporation of the City of Niagara Falls and the Amalgamated Transit Union (ATU) and its Local 1582. with Councillors loannoni, Kerrio and Fisher opposed to # 1. Motion Carried - 7 - August 9, 2010 Council Minutes PROPERTY MATTERS L- 2010 -12 - Declare Surplus Old Parks & Recreation Building, 7565 Lundy's Lane The report recommends: 1. That Parts 1 -5 inclusive as shown hatched on attached Reference Plan 59R -14301 ( "subject land "), be declared surplus. 2. That the subject land be sold under a tender process similar to the process used in municipal tax sales and subject to a reserve bid of $216,000.00 ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that the report be approved as recommended. with Councillors Thomson, Fisher and Kerrio opposed. Motion Carried 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- 2010 -04 - Niagara Convention and Civic Centre Construction Update. The report is recommended for the information of Council. F- 2010 -46 - Major Receivables - June. The report recommends that Council receive the Monthly Tax Receivables report for information purposes. MW- 2010 -32 - Changes to Minimum Maintenance Standards - Roads. The report is recommended for the information of Council. PD- 2010 -65 - CB &FIG - 2010 -003, Downtown CIP Grant, 4593 Queen Street. The report recommends that: 1. Council approve the Commercial Building & Facade Improvement GrantApplication for 4593 Queen Street subject to the owner satisfying the program requirement including entering into an agreement with the City. 2. That the Mayor and Clerk be authorized to sign and execute the agreement. TS- 2010 -07 - Authority to Designate Position to Approve Traffic Signal Designs. The report recommends that the Director of Transportation Services be designated as the signing authority to approve the design and erection of traffic signals within the Municipality of Niagara Falls. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the reports on the Consent Agenda be approved as recommended. Carried Unanimously -AND- 2010 -119 2010 -120 2010 -121 - 8 - August 9, 2010 Council Minutes RESOLUTIONS F- 2010 -45 - OMPF Report The reports recommends that Council forward a resolution to the Province requesting that the proposed reductions to municipal OMPF funding be deferred NO. 19 - WING- IOANNONI - therefore be it resolved that the Province be petitioned to continue the OMPF funding to municipalities in the non - specific area classification; or, in the alternative and be it resolved that the Province phase in the funding reduction over four (4) years to allow municipalities the opportunity to plan for the shortfall. Carried Unanimously BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be given a first reading. Carried Unanimously A Deeming by -law to designate Part of Range 21, Plan 1 Stamford and Lots 28, 31 and 32 and Part of Lot 34, Plan 270 Village of Niagara Falls to be deemed not to be within registered plans of subdivision. A by -law to amend By -law No. 79 -200 and repeal By -law No. 2004 -17, to permit an expansion of a hotel, to establish site specific parking provisions and to permit a portion of the required parking to be located off -site. (AM- 2010 -014) A by -law to amend By -law No. 79 -200, to permit a restaurant, and a retail store ancillary to a warehouse on the Lands, in addition to the uses permitted in a LI zone. (AM- 2010 -010) 2010 -122 A by -law to designate Lots 2, 3 and 4, Plan 160 to be deemed not to be within a registered plan of subdivision. 2010 -123 A by -law to delegate the signing authority for the approval of the erection or installation of traffic control signal systems located within, the City of Niagara Falls, to the Director of Transportation Services. 2010 -124 A by -law to amend By -law No. 80 -114, being a by -law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. 2010 -125 A by -law to establish Block 41, Plan 59M -97 as a public highway, to be known as and to form part of Grouse Lane. 2010 -126 A by -law to amend By -law No. 2005 -112, being a by -law requiring an emergency management program for the protection of public safety, health, the environment, the critical infrastructure and property, and to promote economic stability and a disaster - resilient community. 2010 -127 A by -law to declare Parts 1 -5 on Reference Plan 59R- 14301, in the City of Niagara Falls, surplus. 2010 -128 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 9' day of August, 2010. - 9 - August 9, 2010 Council Minutes 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 Diodati, seconded by Councillor Pietrangelo that the Province be petitioned to amend the Municipal Elections Act to end the Council term earlier to permit the Municipalities to amend their procedural by -laws to factor in the earlier election date. NEW BUSINESS ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes that the meeting be adjourned at 8:20 p.m. Carried Unanimously Carried Unanimously Carried Unanimously DEAN IORF DA, CITY CLERK R.T. (TED) SALCI, MAYOR