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2011/06/27 ELEVENTH MEETING REGULAR COUNCIL MEETING June 27, 2011 Council met on Monday, June 27, 2011 for the purpose of considering Regular Business matters in Council Chambers at 6:30 p.m. All members of Council were present. Councillor Kerrio offered the Opening Prayer. * * * ** ADOPTION OF MINUTES ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that the minutes of June 13, 2011 be approved as printed. Carried Unanimously * * * ** DISCLOSURES OF PECUNIARY INTEREST Councillor loannoni indicated a pecuniary interest with cheque no. 346460 made payable to herself, related to the FCM conference. Councillor Kerrio indicated a pecuniary with Communication #2, related to the Fallsview BIA budget and to report CD- 2011 -12. Councillor Morocco indicated a pecuniary interest to cheque no. 346461 made payable to herself, related to the FCM conference. Mayor Diodati indicated a pecuniary interest to cheque numbers 346313 and 346459 made payable to himself. * * * ** DEPUTATIONS/ PRESENTATIONS Red Raiders Basketball Provincial Championship Teams Mayor Diodati recognized the members of the following teams and presented them with awards. The Red Raiders Juvenile Girls Basketball Team - Division Ontario Basketball Champions, Novice Boys Basketball Team - Division 6, Major Atom Girls (U12) Basketball team- Division 5, the Major Bantam (U14) Boys Basketball Team - Division 7, the Major Atom Boys Basketball Team - Division 5 and the Atom Boys Basketball Team - Division 4. * * * ** PLANNING MATTERS PD- 2011 -39 - Proposed City- Initiated Official Plan Amendment No. 94, Growth Plan Conformity Amendment. Modifications to the Amendment ORDERED on the motion of Councillor Gates, seconded by Councillor loannoni that the report be deferred. Motion Carried with Councillor Wing opposed. * * * ** -2- PD- 2011 -45 - AM- 2011 -004, Zoning By -law Amendment Application, 5205 Fourth Avenue. Applicant: 7793839 Canada Inc. Proposed Place of Worship The Director of Planning and Development reviewed the recommendations and provided the following information. Background An amendment is requested to add a place of worship as a use within the existing building and retain the existing site specific provisions permitting a dwelling unit, a private garage and either a martial arts school, a dance or music studio, calisthenics studio or an art studio. Applicant is proposing a maximum building occupancy of 100 persons and is requesting a reduction in parking from 20 spaces (1 space per 5 persons occupancy) to 18 spaces Site specific modifications are requested: ► to reduce ► the front yard landscaped area; ► the side yard width and the parking aisle width ► To increase ► The building height to recognize the existing building and site conditions. Neighbourhood Open House Open Houses were held May 11 and May 25, 2011 attended by approximately 15 neighbours. Neighbours raised concerns including: ► Property standards ► operation and hours ► Exterior changes; ► Renovations currently ongoing; ► Drainage from the parking area on the property to the west; ► Potential traffic and parking impacts Representatives of the place of worship attended the May 25 meeting and noted the following responses to the concerns: ► Maximum occupancy would be 80 to 90 persons on special occasions. ► Typical hours of operation would be 9 am to 2 pm and 5 pm to 8:30 pm. ► No exterior changes are proposed. ► Clean up of the property should be completed in a couple of weeks. ► Snow plow operator will be instructed to plow the snow to the east. ► Parishioners will be requested to park in the on -site parking lot. Planning Analysis Official Plan Property is designated Residential in the Official Plan. Proposal complies with OP as follows: ► Property is located on a collector road (McRae Street) ► Building will remain at a compatible scale with surrounding development ► Existing landscaping, including the mature trees will maintain the character of the neighbourhood. Zoning Proposal will add a place of worship and retain as ancillary uses: ► A dwelling unit for the priest; -3- • A martial arts school, a dance or music studio, calisthenics studio and arts studio The applicant proposes a maximum occupancy of 100 persons, requiring 20 parking spaces. A total of 16 spaces would be accessible at all times. It is recommended: ► that current parking standards be maintained; ► 14 spaces in the parking lot be designated to serve the place of worship and ancillary uses. ► Therefore, 14 spaces = 70 persons maximum occupancy It is also recommended that the two spaces along Fourth Avenue be designated to serve the residential unit. The rest of the amendments to the zoning standards are intended to recognize the existing building and site conditions. Deeming By -law Subject lands currently consist of 4 separate Tots and part of a block in two plans of subdivision. It is proposed the City pass a 'deeming by -law' to merge the subject properties in the same ownership and allow them to be one lot with a common parking area. Conclusion The applicant has requested a zoning amendment to permit the existing building on the land to be used as a place of worship. The passing of a 'deeming by -law' under the Planning Act to allow the subject lands to merge together is also proposed. These requests can be supported because: ► The proposal complies with the Official plan; ► The Building is maintained in its current form and landscaped; ► Subject lands will be treated as one parcel, once the deeming by -law is registered. Recommendation: That Council approve the application to rezone the land to a site specific Residential Single and Two Family (R2) zone to add a place of worship as a use and occupancy be limited to 70 persons at any given time for the non - residential uses, subject to the regulations addressed in the staff report. That Council pass a by -law to deem lots 145, 146 and 147 Plan 307 and Lot 84 and Part of Block "A ", Plan 310 to no longer be within the registered plans of subdivision. Al Heywood, Matthews and Cameron, representing the applicant, indicated that the application is for an addition to the existing uses, which is to reinstate the place of worship use that originally was allowed on the property. Mr. Heywood was in agreement with the staff report and recommendations and asked for Council's support. The Public Meeting was Closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the report be approved as recommended. Carried Unanimously * * * ** -4- MISCELLANEOUS PLANNING MATTERS 1. PD- 2011 -41 - Chief Administrative Officer - Appeal of the Committee of Adjustment Decision B- 2011 -009, Consent Application. Application: Jacques Bureau & George Stewart, 10960 Carl Road. The report recommends that Council authorize staff to continue with the appeal to the Ontario Municipal Board regarding the Committee of Adjustment's decision to grant Consent Application B- 2011 -009. Brian Sinclair, agent for the applicant, indicated that these were two parcels that merged on title and, therefore, the severance is not creating a new lot but reverting the two parcels back to their former status. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that staff withdraw the appeal to the Ontario Municipal Board and hat a letter be sent to the Region outlining requesting that they withdraw their appeal. Carried Unanimously * * * ** Councillor Gates exited Chambers 2. PD- 2011 -35 - Chief Administrative Officer - Regional Policy Plan Amendment No. 2 -2009, Comments on Proposed Growth Reallocation Scenarios. The report recommends the following: 1. That Council support the population and household forecasts within Regional Policy Plan Amendment No. 2 -2009 as outlined as Scenario 1. 2. That Council not support any alternative growth scenario of the Region or West Lincoln as these allocations have a negative impact on the City's ability to meet infrastructure commitments and financial accountability. 3. That Council advise Niagara Region of these comments. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the report be approved as recommended. Carried Unanimously Councillor Gates returned to Chambers. * * * ** MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati advised of some recent events: Italian Heritage Month celebrations at Club, the Great Lakes /St. Lawrence Cities Conference, the Niagara Luminare LED Street Lighting project kickoff, in partnership with GAMS, Breakfast Television broadcast from Oakes Garden Theatre and the recent citizenship ceremony at the MacBain Centre. Mayor Diodati advised Council of the Canada Day celebrations and reminded the public to fill out the National Household Survey from Census Canada. * * * ** -5- COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Clifton Hill B.I.A. - requesting approval of their 2011 budget. Recommendation: For the approval of Council. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that the request be approved. Carried Unanimously 2. Fallsview B.I.A. - requesting approval of their 2011 budget. Recommendation: For the approval of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves that the request be approved. Carried Unanimously with Councillor Kerrio declaring a conflict 3. Jr. B's and Jr. C's - expressing concerns regarding the proposed FHL Hockey team proposed to play at the Gale Centre. Recommendation: For the consideration of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Maves that the communication be received and filed. Carried Unanimously 4. AMO - annual request for delegations before Ministers. Recommendation: For the consideration of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Maves that meetings be requested with the Ministers of Finance, Tourism, Health and Long -Term Care and the leaders of the opposition at the upcoming AMO conference. Carried Unanimously * * * ** REPORTS 1. MW- 2011 -27 - Chief Administrative Officer - Playground Safety Issues The report recommends the following: 1. That staff be directed to prepare a ten -year Capital Replacement Program for all playground equipment located on City -owned land and further, 2. That Staff direct funding from the Playspace Improvement Program toward improvements at Preakness Park. ORDERED on the motion of Councillor Thomson, seconded by Councillor Gates that the report be approved as recommended. Carried Unanimously * * * ** RESOLUTIONS NO. 32 - KERRIO - MAVES - Therefore be it resolved that the Council of the Corporation of the City of Niagara Falls hereby determines in accordance with Section 51 (47) of the Planning Act, R.S.O., that the proposed changes to the registered plan of vacant land condominium (26CD -11- 2006 -04, West Meadow Phase II) are minor in nature and Council's decision does not require any further notice. Carried Unanimously -6- * * * ** 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. CD- 2011 -12 - Refreshment Vehicle Business Licence. The report recommends that Council allow the issuance of refreshment vehicle business licences on properties that have an existing restaurant licence, on a trial basis for the summer months. F- 2011 -28 - Municipal Accounts. The report recommends that Council approve the municipal accounts totalling $29,587,669.06 for the period May 12, 2011 to June 8, 2011. F- 2011 -29 - 2011 Schedule of Fees for Service. The report recommends that the Schedule of Fees By -law, listed under the by -law section of the agenda, be approved. IS- 2011 -01 - Fibre Optic Data Services Agreement. The report recommends the following .6 1. That Council approve the Agreement with the Niagara Region Broadband Network (NRBN) for fibre optic data services for a term of ten years at an annual cost of $48,852.00. 2. That the Mayor and Clerk be authorized to execute the agreement, listed under the By -law section of the agenda. MW- 2011 -15 - Amendment to By -law 2007 -161 and Schedule "A" Collection of Rates and Fees. The report recommends the following: That Council adopt the amendments to By -Law 2007 -161, and its Schedule "A" listed under the by -law section on the Council agenda that would; 1. modify the text on section 10 to authorize the Engineer to determine the method of metering water on a multi building lot. 2. modify the text on section 12.(1) to permit authorized contractors to install water services on municipal right of ways and amend schedule "A" to reflect tapping costs 3. modify the text on sections 19.(5), 20. and 31. and include the term "day" in the definitions for house keeping purposes 4. amend schedule "A" to this by -law to better reflect actual costs for turning on and shutting off water services 5. amend schedule "A" to this by -law to provide for the appropriate refusal rate for commercial, institutional and industrial accounts. 6. amend schedule "A" to this by -law to reflect current costs of water meters and bulk cards purchased through the City MW- 2011 -28 - Crimson Park Playground Contract 2011 - 244 -11, Landscape Redevelopment Tender. The report recommends that the bid from Touchstone Site Contractors Inc. (650 Allanburg Road, Thorold ON. L2V 1A8) for Contract 2011 - 244 -11 landscape redevelopment of the Crimson Park playground in the amount of $100,304.00 (excluding tax) be approved and that the Mayor and City Clerk be authorized to execute the necessary contract documents. -7- PD- 2011 -42 - CB &FIG - 2011 -002, Commercial Building & Facade Improvement Grant Application, Mr. Ryan Rousom, 5894 -5900 Main Street. The report recommends the following: 1. That Council approve the Commercial Building Grant Application for 5894 -5900 Main Street, subject to the owner satisfying the program requirements including the entering into an agreement with the City and obtaining any required permits. 2. That the Mayor and Clerk be authorized to sign and execute the agreement. PD- 2011 -43 -CB &FIG- 2011 -003, RFL- 2011 -001, & RG- 2011 -001, Commercial Building & Facade Improvement Grant Application, Residential Property Loan Application, Revitalization Grant Application, Keefer Development & Historic Niagara. 4410 -4414 Queen Street. The report recommends the following: 1. That Council approve the Commercial Building & Facade Improvement Grant, the Residential Property Loan and the Revitalization Grant for 4410 Queen Street, subject to the owner satisfying the program requirements including the entering into agreements with the City and obtaining any required permits. 2. That the Mayor and Clerk be authorized to sign and execute the agreements. PD- 2011 -44 - CB &FIG - 2011 -004, Commercial Building & Facade Improvement Grant Application, James and Lorrie Panteluke. Eagles Nest - 4728 Valley Way. The report recommends the following: 1. That Council approve the Commercial Building & Facade Improvement Grant Application for 4728 Valley Way, subject to the owner satisfying the program requirements including the entering into an agreement with the City and obtaining any required permits. 2. That the Mayor and Clerk be authorized to sign and execute the agreement. PD- 2011 -46 - 26CD -11- 2006 -04, Amendment to a Registered Plan of Condominium, 4339 Montrose Road. Owner: Wedgewood Builders of Niagara Ltd. The report recommends the following: 1. That Council approve the proposed amendment to the Registered Plan of Vacant Land Condominium. 2. That the Mayor be authorized to sign the revised plan. 3. That Council determine by resolution that the changes outlined in this report and shown on the revised plan of condominium are minor and do not require public notice. TS- 2011 -03 - RialI Street - Heavy Vehicle Restriction. The report recommends that a "No Heavy Vehicle" restriction is established on Riall Street between Dorchester Road and St. Paul Avenue. TS- 2011 -24 - Centre Street - Parking Review. The report recommends that a designated disabled parking space is established on the southwest side of Centre Street between a point 36 metres northwest of Lewis Avenue to a point 42 metres northwest of Lewis Avenue for a six -month period. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that the reports on the Consent Agenda be approved as recommended. Carried Unanimously with Councillor Kerrio declaring a conflict to CD- 2011 -12 * * * * * -8- 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 -84 A by -law authorizing the Clerk to execute an Authorized Requester Agreement between Her Majesty the Queen in right of Ontario, as represented by the Minister of Transportation and the Corporation of the City of Niagara Falls respecting the Municipal Parking Tag Program. 2011 -85 A by -law to fees and charges for various services, licences and publications for the City of Niagara Falls. 2011 -86 A by -law to authorize the execution of an Agreement with Touchstone Site Contractors Inc. respecting Crimson Park Playground Landscape Redevelopment. 2011 -87 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. 2011 -88 A by -law to amend By -Law No. 2007 -161, being a by -law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposing and collection of rates for the use of water and water - related services. 2011 -89 A by -law to authorize the payment of $29,587,669.06 for General Purposes. 2011 -90 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 27 day of June, 2011. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the by -laws be read a second and third time and passed. Carried Unanimously NEW BUSINESS NHS ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that Council petition the Province to appoint a supervisor under the Public Hospitals Act. Carried Unanimously Fencing By -law ORDERED on the motion of Councillor Thomson, seconded by Councillor Gates that staff review the Fencing By -law pertaining to corner Tots. Carried Unanimously Shark Fin Soup Ban ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that staff investigate the efforts of other municipalities regarding the possibility of banning Shark Fin soup in City restaurants. * * ** Carried Unanimously -9- ORDERED on the motion of Councillor Morocco, seconded by Councillor loannoni that the meeting be adjourned at 9:15 p.m. Carried Unanimously p ,, DEA IORFID , CI Y CLERK ' MES M. DIODATI, OR