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2012/01/24 FIRST MEETING REGULAR COUNCIL MEETING January 24, 2012 Council met on Monday, January 24, 2011 at 4:00 p.m. in an In Camera session. Following consideration of the items presented, the In Camera Session did rise and report in open session. Council met for the purpose of considering Regular Business matters in Council Chambers at 7:00 p.m.. All members of Council were present. Councillor Maves offered the Opening Prayer. * * * ** ADOPTION OF MINUTES ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that the minutes of December 13, 2011 be approved as amended. Carried Unanimously * * * ** DISCLOSURES OF PECUNIARY INTEREST Councillor loannoni indicated a pecuniary interest to cheque no. 351156, made payable to her spouse and to an In Camera report. Councillor Morocco indicated a pecuniary interest to cheque no. 351190, made payable to her spouse. Councillor Wing indicated a conflict to an In Camera report, as she two abutting properties. Councillor Pietrangelo indicated a pecuniary interest to cheque no. 351257, made payable to himself and to a wire transfer made the to the District School Board, his employer. Mayor Diodati indicated a pecuniary interest to cheque no. 351325, made payable to himself. DEPUTATIONS Tim Horton's Bowl for Kids Sake Jon Braithwaite, Executive Director, Big Brothers Big Sisters, advised Council of the upcoming Tim Horton's Bowl for Kids Sake event taking place on Saturday, February 25 2012. Mr. Braithwaite extended an invitation to Council to enter a team in this year's event. ORDERED on the motion of Councillor Maves, seconded by Councillor Gates that City Council enter a team in this year's tournament. Carried Unanimously * * * ** - 2 - January 24, 2012 Council Minutes PLANNING MATTERS PD- 2011 -09, AM- 2011 -014, Zoning By -law Amendment Application, West Side of Willoughby Drive North of Gunning Drive. Applicant: Melody Vahrmeyer. Agent: John Perry. Single Detached, Semi - Detached and /or On- Street Townhouse Dwelling The Manager of Community Improvement and Planning Projects reviewed the recommendations and provided the following information. Background Rezoning requested for a 0.46 acre parcel of land on west side of Willoughby Dr., north of Gunning Drive to develop 4 -5 single detached, semi - detached or on- street townhouse dwellings. Lots will be created through severance process. Land currently zoned Institutional (I) Applicant is requesting a rezoning to Residential R3 with site specific reductions to the minimum lot frontage for single detached and semi - detached dwellings. In 1991, Council approved an application to change the zoning of the land to Residential R1C to facilitate 3 single detached dwellings. Applicant abandoned this application and the amending by -law was never passed. In 2006, a potential purchaser was interested in rezoning the property to permit a 12 unit apartment building and held a preliminary neighbourhood meeting. Residents voiced concerns about the proposal and no formal application was submitted. Circulation Comments Regional Municipality of Niagara ► No Objections Municipal Works ► Development agreement to address servicing and grading. ► There is sufficient capacity of services for the proposed development. Transportation Services ► Willoughby Dr. Safety signage has been erected ► To assist in providing sight lines, a 9 metre front yard setback is recommended Recreation and Culture ► Cash -in -lieu of parkland dedication Neighbourhood Open House Held on December 8, 2011 4 people present, including neighbour directly to the south. Objections to multiple unit dwellings, prefer single detached dwellings Concerns raised about traffic conditions, drainage problems, history of basement flooding and the capacity of sanitary sewers and sewer discharges. Planning Analysis Official Plan Property currently designated Residential, permits range of housing types. - 3 - January 24, 2012 Council Minutes Policy 1.7.1 states that single detached and semi - detached dwellings are permitted at the density of 25 units per hectare. Both the single detached unit proposal and the 2 semi's and one single proposal satisfy this density. Lands that front onto collector roads can be considered for townhouses with densities of up to 50 units per hectare; the proposed density of the townhouses are 26.5 units per hectare. Surrounding lands fronting onto Willoughby Dr. have been developed with a mix of dwelling types and the proposed dwellings are compatible. Zoning R3 zone permits single detached and semi - detached dwellings and townhouses. Surrounding residential zones are largely R2 zoning that permits single detached, semi- detached and duplex dwellings; the R3 zone permits those forms of housing in the R2 zone and townhouse units. Applicant is requesting site specific reductions to the lot frontage requirements for single detached from 12 m to 11.3 m and semi - detached from 18 m to 16.5 m. The site location on a curve creates the potential for sight restrictions. It is recommended that the minimum front yard setback be increased from 6 m to 9 m. , which will still provide a reasonable building envelope. Conclusion The applicant has requested a zoning amendment to allow the flexibility of developing the land with single detached, semi - detached and /or on- street townhouses. The lots will be created by severance. The amendment can be supported because: ► The proposed dwelling types comply with the City's Official Plan; ► The land is located on a collector road and therefore can be considered for an increased level of intensification; ► The proposed dwelling types are compatible with surrounding residential development in terms of type, height and setbacks; and ► The proposal is expected to have a negligible traffic impact along Willoughby Dr. Recommendation That Council approve the Zoning By -law amendment application to change the land to a site specific Residential (R3) zone to permit the development of single detached, semi- detached and /or on- street townhouses, subject to a reduction in lot frontage for the single detached and semi - detached dwellings and a minimum front yard setback of 9 metres. Betty Toth, Willoughby Drive, lives next door to the property being discussed. Ms. Toth is opposed to the zoning amendment and recounted the traffic issues surrounding the curve in the road. Jane Toth, 3089 Ussher Street, felt the proposal was too intensive and showed pictures outlining the drainage issues on the vacant property. Julius Toth, 3445 Willoughby Drive, outlined the lack of maintenance by former property owners in regard to the lots. - 4 - January 24, 2012 Council Minutes Jeff Toth, 3089 Willoughby Drive, felt that the location is not suited for residential purposes. John Perry, applicant for the agent, advised that his client is in support of the staff report and recommendations. Mr. Perry indicated that former approval for an apartment on the property was an application by former owners. The change in zoning now is to respond to the market. He indicated that drainage issues would be resolved through a drainage plan required as part of the building permit process. Mr. Perry indicated that issues surrounding the bend could be subject to additional traffic calming measures. The Public Meeting was Closed. ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that the application be denied, that staff report back on capital funding for infrastructure in Chippawa and that staff report back on traffic issues surrounding the Willoughby Drive bend. Carried Unanimously Councillor Morocco and loannoni left Chambers for the evening 8:15 p.m. * * * ** Presentation from the Committee of the Whole Meeting 1. VTS Facility Workshop Manny Ng, IBI Consultants made a presentation to Council along with Dave Stuart, Transit General Manager regarding the various options surrounding the proposed VTS facility. ORDERED on the motion of Councillor Wing, seconded by Councillor Thomson that staff explore pricing on the Class C 50% storage and the Class C base options. Carried Unanimously * * * ** MISCELLANEOUS PLANNING MATTERS PD- 2012 -08 - Appeal of Committee of Adjustment Decision, Minor Variance Application A- 2011 -023 Parts 3 & 4 on Reference Plan 59R -7429, Montrose Road. Applicant: Johnny Ventresca ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the report be deferred. Motion Carried with Councillor Kerrio opposed * * * ** MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati extended condolences to the family of Vernon Anderson, a retired City employee who passed away, to Steve Norris, a City employee for the passing of his mother, Vivian Norris and to Karl Dren, a city employee, on the passing of his father -in -law, Antonio Domenico Caruso. Mayor Diodati advised of recent events: New Year's Eve Celebration and our community being ranked # 1 for family getaways on Tripadvisor.ca. Mayor Diodati advised of upcoming events: the Sports Wall of Fame Induction Ceremony and the State of the City address. Volunteers are still needed for Snow Buddies program. Carey Campbell of the Mayor's Office was wished well on her maternity leave and her replacement, Sarah Condini was acknowledged. - 5 - January 24, 2012 Council Minutes COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Heritage Week - A request from Planning Staff and the Municipal heritage Committee to proclaim the week of February 20 -26, 2012 as "Heritage Week 2012 ". RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Wing the request be approved. Carried Unanimously 2. Heart & Stroke Foundation - Requesting a flag raising for January 30 and proclaiming February as Heart Month. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates that the request be approved. Carried Unanimously 3. Federation of Canadian Municipalities (FCM) - Requesting February 5th - 11th be proclaimed as International Development Week. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that the request be approved. Carried Unanimously 4. Winter Festival of Lights - Requesting a fireworks display on January 28 RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the request be approved. Carried Unanimously 5. City Clerk - Memo from the City Clerk regarding requesting the Region to name the extension of Thorold Stone Road as "Terry Fox Way ". RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates that the request be approved and sent to the Region. Carried Unanimously REPORTS 1. HR- 2012 -01 - Full Time Fire Fighter Recruitment The report recommends the following: Per Council's direction, the following changes be made to the full time recruitment process of the Niagara Falls Fire Department, effective immediately; 1. That upon meeting the mandatory qualifications and competition threshold established as outlined in this report, candidates who are City fire fighter volunteers and /or residents of Niagara Falls, will be offered first interviews for any vacant full time fire suppression positions; - 6 - January 24, 2012 Council Minutes 2. That where qualifications and abilities of the fire fighter volunteers and residents of Niagara Falls are relatively equal in comparison to the external candidates (in the assessment of the hiring panel), following interviews and the completion of a successful medical examination, offers of employment and hiring preference will be given to local residents and /or volunteer fire fighters. ORDERED on the motion of Councillor Wing, seconded by Councillor Thomson that the report be approved as recommended. Carried Unanimously 2. R &C- 2012 -01 - City Float Proposal The report recommends that City Council decline the attached City Float proposal and that in future years when staff issues a RFP to redevelop the City Float that Costello Productions be contacted to submit a proposal for redevelopment of the City Float. ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that the report be approved as recommended. Carried Unanimously BUDGET ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that the budget presentation be deferred. Carried Unanimously * * * ** RATIFICATION OF "IN CAMERA" RECOMMENDATIONS ORDERED on the motion of Councillor Thomson, seconded by Councillor Gates that the actions taken in the "In Camera" earlier this evening be approved. 1. BDD- 2012 -02 Purchase of Zavitz Property That Council authorize the Mayor and Clerk to sign the purchase agreement for the Zavitz property located at the corner of Swayze Drive and Stanley Avenue. 2. PD- 2012 -10 Acquisition of the Battlefield School Property That Council authorize staff to provide an offer to the District School Board of Niagara of up to $900,000 for the acquisition of the battlefield School property, conditional upon rezoning. Motion Carried with Councillor Gates opposed to # 1. * * * ** - 7 - January 24, 2012 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- 2012 -01 - OLG -FMC Funding. The report recommends Council authorize the Mayor and Clerk to sign the agreement with Ontario Lottery & Gaming (OLG) regarding the transfer of funds from Falls Management Company (FMC) to the City of Niagara Falls for Visitor Transportation System (VTS) operations. CD- 2012 -01 - Adult Entertainment Licence Revocation. The report recommends that based on the recommendation of the Adult Entertainment Appeals Committee, the decision of the Issuer of Licences to revoke the licence of the appellant be upheld. FS- 2012 -01 - False Fire Alarms. The report is recommended for the information of Council. F- 2012 -01 - Municipal Accounts. The report recommends that Council approve the municipal accounts totalling $24,546,476.82 for the period November 25, 2011 to January 4, 2012. F- 2012 -02 - 2012 Interim Tax Levy. The report recommends that Council approve the 2012 Interim Tax Levy calculation and by -law providing for the 2012 Interim Tax Levy. F- 2012 -03 - Monthly Tax Receivables Report. The report recommends that Council receive the Monthly Tax Receivables report for information purposes. PD- 2012 -02 - Commercial Building & Facade Improvement Grant Application CB & FIG - 2011 -009, Mirella Florio, (Mirella's Hair Studio). 4654 -4658 Queen Street at St. Lawrence Avenue. The report recommends the following: 1. That Council approve the Commercial Building and Facade Improvement Grant application for 4654 -4658 Queen 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- 2012 -05 - Telecommunication Facility Consultation, 6913 Oakwood Drive, Niagara Falls. Atlus Group on Behalf of Bell Mobility. The report recommends that Industry Canada be advised that the City of Niagara Falls has no objection to the construction of a 40 metre (131 ft.) mono pole structure and 54 square metre compound on the lands at 6913 Oakwood Drive. PD- 2012 -06 - Telecommunication Facility Consultation, 3930 Montrose Road, Niagara Falls. Atlus Group on Behalf of Bell Mobility. The report recommends that Industry Canada be advised that the City of Niagara Falls has no objection to the construction of a 38 metre (115 ft.) mono pole structure and 50.3 square metre compound on the lands at 3930 Montrose Drive and request that proper measures be taken to protect the Creek to the north both during and after construction. PD- 2012 -07 - PLC - 2011 -002, Request for Removal of Part Lot Control, Blocks 114 and 118, Plan 59M -379, More Specifically Described as Parts 1 Through 5, Plan 59R -14603 (Block 118) and Parts 1 Through 7 Plan 59R -14604 (Block 114) Hendershot Boulevard, Owner: Mountainview Homes. The report recommends the following: 1. That Council approve the request and pass the by -law included in tonight's agenda to designate Blocks 114 and 118 of Registered Plan 59M -379, as exempt from Part Lot Control. - 8 - January 24, 2012 Council Minutes 2. That the owner be given two years to create the new parcels and notify the City when the separate deeds have been registered. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the reports be approved as recommended. Carried Unanimously * * * ** BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the by -laws be given a first reading. 2012 -001 A by -law to provide an interim levy of realty taxes. 2012 -002 A by -law to designate Blocks 114 and 118, Registered Plan 59M -379, not be subject to part-lot control. 2012 -003 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stopping Prohibited, Limited Parking) 2012 -004 A by -law to authorize the payment of $ 24,546,476.82 for General Purposes. 2012 -005 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 24 day of January, 2012. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the by -laws be read a second and third time and passed. Carried Unanimously * * * ** NEW BUSINESS Future Resolutions Councillor Wing mentioned future resolutions she would like to bring forward on VQA designations for fruit wines, lifting of inter - Provincial trade restrictions on wine importation and the requirement of routinely requested doctor's notes. ORDERED on the motion of Councillor Wing, seconded by Councillor Thomson that the Councillor work with staff on the appropriate resolutions for future consideration of Council. Cottage Rentals ORDERED on the motion of Councillor Wing, seconded by Councillor Pietrangelo that staff investigate the possibility of policies regarding cottage rentals. Carried Unanimously Gale Centre ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates that the junior B logo be placed on Pad 1 Ice Surface. Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates that staff report back on using cold water ice surface flooding treatments at the arena. Carried Unanimously - 9 - January 24, 2012 Council Minutes Montrose Road ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that staff investigate the traffic island on Montrose Road near Lowe's. Carried Unanimously Sidewalk Routes ORDERED on the motion of Councillor Gates, seconded by Councillor Kerrio that Sinnicks, Catalina and Barker be added to the sidewalk snowplough routes. Motion Carried with Councillor Wing opposed * * * ** ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the meeting be adjourned at 10:25 p.m. Carried Unanimously DEAN IORFID , CITY CLERK JAMES M. DIOD TI, MAYOR