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2011/02/28 FOURTH MEETING REGULAR COUNCIL MEETING February 28, 2011 Council met on Monday, February 28, 2011 at 4:00 p.m. in Committee of the Whole in Committee Room #2. An In Camera session commenced following the Committee of the Whole meeting at 6:00 p.m. The Council did rise and report from the February 28` In Camera session. Council met for the purpose of considering Regular Business matters in Council Chambers at 6:50 p.m. All members of Council were present. Councillor Mayes offered the Opening Prayer. * * * ** ADOPTION OF MINUTES ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates that the minutes of February 14, 2011 be approved as printed. Carried Unanimously PLANNING MATTERS PD- 2011 -15 -AM- 2010- 013 - Zoning By -law Amendment Application. 5415 Elm Street. Applicant: Domenic and Anna Armenti. Recognition of Three Unit Dwelling The Director of Planning and Development reviewed the recommendations and provided the following information. Background The applicant is requesting a R3 zone to recognize an existing 3 unit dwelling on the land with reduced parking requirements. The property is currently zoned Residential Single Family and Two Family (R2). This resulted from a complaint about a third unit, which was resolved by having the unit vacated and a complaint about debris and condition of the property which has now been cleaned up. Neighbourhood Open House Held on August 10, 2010, with two neighbours in attendance. Residents noted concerns with the property: • Insufficient access into the cellar unit results in trespass on adjacent property ► Dwelling does not appear to comply with Building and Fire Code regulations ► History of property standard violations, including debris in yard ► Tenants in the cellar unit have been noisy and disruptive. • Additional letters in Council package tonight. City divisions response to the concerns: Property Standards: complaint about third dwelling unit and complaints about litter and debris on the property have been addressed and the files closed. Building: A building permit will be required for the third dwelling unit, which will need to -2- comply with Ontario Building Code requirements. Transportation Services: No parking problems have been reported on Elm Street and staff note that no overnight parking is permitted on this street. Planning Analysis Provincial Policy Statement Encourages a mix of housing types and residential intensification. The three unit dwelling is a form of residential intensification. OFFICIAL PLAN Designated Residential which provides for single- detached, semi - detached, duplex and triplex dwellings. New residential development is to be integrated to achieve compatibility and sensitivity with surrounding development. This 3 unit dwelling complies with the OP as follows: Zoning Units on the first and second floors predate the current R2 zoning of 1979 and have legal non - conforming status for lot frontage, area and setbacks. The third unit in the cellar was constructed in the 1980's contrary to the R2 zone. The requested R3 zone permits three unit (triplex) dwellings. Site specific adjustments to the regulations of the R3 zone for lot area, lot frontage, front yard depth, side yard width and floor area are required because the use was established prior to the regulations. A reduction in the number of parking spaces from 4 to 3 is acceptable as units are small and not likely to have multiple vehicles per unit. Allow one dwelling unit to be located in the cellar. All Building code matters are addressed. BUILDING PERMIT & PROPERTY STANDARDS ISSUES Cellar unit will be required to meet all OBC regulations including fire protection and property ingress and egress. If access to the cellar unit, now on the east side does not meet the OBC, it may have to be reconstructed or relocated. Conclusion The applicant has requested a R3 zoning amendment to recognize the existing three unit dwelling located on the property. This request can be supported as follows: ► The proposal represents a modest intensification of use which is promoted by Provincial policies; ► 3 unit dwellings are permitted by the OP; ► The building is existing and no expansions are contemplated. ► The character of the dwelling is similar to surrounding dwellings in terms of massing, height and setbacks. ► The use is compatible with other uses in the surrounding neighbourhood which includes single detached, semi - detached and multiple unit dwellings; and, ► The site is large enough to provide three on -site parking spaces for the building's occupants in order to address concerns about parking. -3- Recommendation That Council approve the application to rezone the land to a site specific Residential Mixed (R3) zone to recognize the existing three unit dwelling on the property, subject to the provision of a prepared parking area containing three parking spaces in the rear yard. Roger Pipe, 5419 Maple Street, questioned intensification in the area. Allowing more multi - residential properties will change the character of the area. Al Heywood, Matthews & Cameron, agent for applicant, is in agreement with the staff report and recommendations. The Public Meeting was Closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the report be approved as recommended. Motion Carried with Councillor Wing opposed. MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati offered condolences to Regional Councillor Selina Volpatti on the passing of her mother, Ada Polegato. Mayor Diodati extended congratulations to City Clerk Dean lorfida and his wife Noelle on the arrival of their baby boy, Ryan Samuel. Mayor Diodati advised of some recent events: Former Mayor Bill Smeaton became a Citizenship Judge, Scouts Canada Annual "Cub Car" took place Darryl Evans, member of the World Series winning Detroit Tigers was in town promoting the GNBA's summer programs and Tim Horton's Bowl for Kid's Sake benefiting Big brothers Big Sisters took place. Mayor Diodati advised of some upcoming events: the 4 Annual Niagara Industrial Buyer Seller Forum and Earth Hour. * * * ** COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Downtown Board of Management - Requesting that two -hour free parking be provided for the remainder of the year and that the short fall of municipal parking revenue not be taken from any CIP funds. Recommendation: Refer to staff for a report ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that the communication be referred to staff. Carried Unanimously * * * ** -4- REPORTS Hydro Matters L- 2011 -04 - Chief Administrative Officer - Niagara Falls Hydro Holding Corporation Shareholder's Resolution respecting Directors and Annual Shareholder's Resolution. The report recommends that the following be approved: 1. That Council adopt the Shareholder's Resolution respecting Directors attached, in its capacity as the Shareholder of Niagara Falls Hydro Holding Corporation; 2. That Council adopt the Annual Resolution, pertaining to the 2009 Financial Statements, attached, in its capacity as the Shareholder of Niagara Falls Hydro Holding Corporation; and 3. That the Mayor be authorized to execute the Resolutions on behalf of Council, as the Shareholder's representative pursuant to the Shareholder Declaration dated March 5, 2007. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the report be approved as recommended. Carried Unanimously * * * ** Property Matters L- 2011 -03 - Chief Administrative Officer - Declaration of Lands to be Surplus with the intention Closing and Conveyance of Part of Stamford Street. Parts 4, 6 & 8 on Reference Plan 59R -14366 (New Police Station) The report recommends that the following be approved: 1. That Parts 4, 6 and 8 on Reference Plan 59R- 14366, being a portion of Stamford Street located between Stanley Avenue to the east and Portage Road to the west, and part of a township lot ( "subject land "), as shown hatched on Attachment "1", be declared surplus; and 2. In the event that Council determines that the subject land is surplus to the requirements of the City, that the subject land be conveyed to the Regional Municipality of Niagara for nominal consideration. subject to terms described in this Report. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the report be approved as recommended. Carried Unanimously * * * ** Councillor Pietrangelo Chaired the Budget Meeting, 7: 50. 2011 Budget CAO Ken Todd made a presentation to Council on the budget, focussing on labour, debt, materials, rents and the contracted services components on the budget. Councillor Pietrangelo stepped down as Chair. * * * ** -5- RATIFICATION OF COMMITTEE OF THE WHOLE COMMITTEE MATTERS ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that the actions taken in the Committee of the Whole Committee, on February 28, 2011 be approved. 1) The Committee of the Whole minutes of the February 14, 2011 be approved 2) PRESENTATIONS: Niagara Falls Soccer Club Indoor Facility a) That the information be referred to staff to come back with a report. 3) REPORTS: a) R- 2011 -05 Implementation of a Smoke -free By -law for Parks, Recreation Outdoor Facilities and Greenspace That smoking not be permitted at all City facilities, including bus shelters. b) MW- 2011 -11 2011 Water Conservation Program That Council approve the 2011 Water Conservation Program including the Low -flow Toilet Replacement rebate program and the Rain Barrel program and that funding in the amount of $40,000 be included in the 2011 Municipal Utility Budget for these programs. c) MW- 2011 -10 Mewburn Road Bridge Project Cost Sharing Referral to the Canadian Transportation Agency That Council authorize staff to file an application with the Canadian Transportation Agency to resolve outstanding cost sharing issues with CN for the replacement of the Mewburn Road Bridge. d) PD- 2011 -14 Final Location for Queen Victoria Monument That the Queen Victoria Monument be located at the northeast corner of the Niagara Falls History Museum site. e) HR-2011-01 Fire Services Full Time Recruitment That the issue of Fire Service be recruiting be referred back to staff to return with a recruitment policy based on the Council discussion at the COTW meeting. * * * ** RATIFICATION OF "IN CAMERA" RECOMMENDATIONS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates that the recommendations from the " In Camera" meeting from February 28, 2011 be approved. -6- CAO- 2011 -02 - Board of Museum - Restructuring 1. That the Board of Museums be dissolved and replaced with a Museum Advisory Board of Council; 2. That the staff of the Board of Museums become part of the Recreation & Culture Department of the City of Niagara Falls, effective immediately; 3. That the current Board of museums continue in the role of Museum Advisory Board of Council until such time as Council had conducted a reappointment process; and 4. That the current Board of Museums By -law be repealed. Carried Unanimously 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- 2011 -08 - Major Tax Receivables Report. The report recommends that Council receive the Monthly Tax Receivables report for information purposes. MW- 2011 -12 - Tender RFT -T04 -2011 Street Light Poles, Luminaries and Appurtenances - Main StreetlFerry Street Reconstruction Projects. The report recommends that Council approve the supply of decorative light poles, luminaries and appurtenances to the lowest qualified and compliant bidder subject to meeting the allocated budgeted amount established in the 2010 Capital Budget and further that the Mayor and Clerk be authorized to execute the necessary contracts and related documentation as required. TS- 2011 -04 - Lundy's Lane BIA - Decorative Street Name Signs. The report recommends that the report be received for information. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the reports on the Consent Agenda be approved as recommended. Carried Unanimously * * * ** BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the by -laws be given a first reading. Carried Unanimously 2011 -26 A by -law to declare Parts 4, 6 and 8 on Reference Plan 59R -14366 save and except a 1.52 metre (5 feet) road widening along Parts 4 & 8 on Reference Plan 59R- 14366, in the City of Niagara Falls, surplus. 2011 -27 A by -law to adopt a mark, symbol or design for the City of Niagara Falls. (Gale Centre) 2011 -28 A by -law to adopt a mark, symbol or design for the City of Niagara Falls. (The Gale Centre) 2011 -29 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 28 day of February, 2011. -7- ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates that the by -laws be read a second and third time and passed. Carried Unanimously * * * ** ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the meeting be adjourned at 8:25 p.m. Carried Unanimously DE N IORFID ITY CLERK JAMES M. DIODATI, MAYO