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2011/12/12NINETEENTH MEETING REGULAR COUNCIL MEETING December 12, 2011 Council met on Monday December 12, 2011 at 4:30 p.m, in an In Camera session. Council did rise and report. All members of Council were present. Council met on Monday, December 12, 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 Maves that the minutes of November 28, 2011 be approved as printed. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Maves indicated a pecuniary interest with cheque no. 349787. Councillor Morocco indicated a pecuniary interest with cheque no. 350543 made payable to her spouse. Councillor Wing indicated a direct and indirect pecuniary interests on reports PD- 2011-79 from November 14th, 2011 meeting and MW- 2011 -54, TS- 2011 -48 and to an In Camera matter from this evening. Mayor Diodati indicated a pecuniary interest to cheque no. 350704 made payable to himself. DEPUTATIONS/ PRESENTATIONS The Cares Foundation 10th Annual Strike Out Violence Bowling Tournament Haley Bateman, Development Manager and Tom Snodgrass, Board Member advised Council about their annual event to raise awareness of Women's Place of South Niagara and encouraged Council to enter a team. ORDERED on the motion of Councillor Maves, seconded by Councillor Pietrangelo that Council enter a team and support the tournament. Carried Unanimously World Kickboxing Championships Mayor Diodati recognized and presented plaques to members of Kokon Jiu- jitsu, who participated in the World Karate and Kickboxing Council World Championships as part of Team Canada. Michael Pisano, Chad Howard and Travis McConnery all won bronze medals. 2 December 12, 2011 Council Minutes Business Recognition Awards Mayor Diodati recognized businesses for their 50 -125 years of service in the community. Niagara Artcraft Woodwork Co. Ltd - 50 Years; Circus World Displays Limited - 50 Years Mike Lococo Dentistry - 50 Years Marineland Canada - 50 years George Schneider Construction Co. Ltd. - 60 Years Patterson Funeral Home - 100 Years Condotta, Merrett & Co. Insurance Broker - 125 Years Legacy Project Gord West and Don Jackson, Niagara Falls Museums Advisory Board provided Council with an update on the legacy project. Chippawa Polar Bear Dip Shirley Fisher and Dan Tibbs, members from the Chippawa Boat Dock Committee informed Council of the upcoming event to raise money for the dock project. -AND- L- 2011 -26 - Sublicence Agreement of Chippawa Boat Dock to Chippawa Public Docks Committee The report recommends the following: 1. That the City enter into a Sublicence of the Licence between the City of Niagara Falls and Ontario Power Generation Inc. for the lands in and around the Chippawa Boat Dock. 2. That the Mayor and City Clerk be authorized to execute whatever documents are required to undertake the foregoing. ORDERED on the motion of Councillor Thomson, seconded by Councillor Mayes that the recommendation report be approved. PLANNING MATTERS Carried Unanimously PD- 2011 -88 -AM -2011 -012, Zoning By -law Amendment Application, 4080 Hickson Avenue, Applicants: Michael and Kristine Adams, Agent: Rocco Vacca, Sullivan Mahoney. Proposed Cottage Rental Dwelling. The Director of Planning and Development reviewed the recommendations and provided the following information. Background Currently zoned Residential Single Family and Two Family (R2) which permits a single detached dwelling. A Zoning By -law amendment is requested for 4080 Hickson Ave which is being used as a cottage rental dwelling contrary to the Zoning By -law. The amendment is to add the use and recognize existing site conditions. Neighbourhood Open House Held on November 8, 2011. 3 December 12, 2011 Council Minutes Applicants, Applicant's agent and one neighbour in attendance. Neighbour noted previous disturbances including excessive noise and disruptive behaviour caused by guests and stated that a cottage rental dwelling in this location was not compatible with the surrounding residential uses. Applicant stated he had taken steps to control the behaviour of guests. Applicants stated that given the location of the site close to tourist areas, they felt it was an appropriate land use. Applicant's lawyer noted that there were mechanisms in place including the City's noise by -law and the licensing by -law to control the operation of the cottage rental dwelling. The applicant offered additional fencing and tree planting to mitigate impacts. Planning Analysis Official Plan Designated Residential in the Official Plan Dwellings intended to be the predominant use ancillary uses including bed and breakfast establishments may be permitted where they are compatible. Such facilities are to be regulated as to location, size and traffic generation in order to minimize disturbances to adjacent properties and to protect the character and identity of the overall neighbourhood. Proposal complies: ► A cottage rental dwelling is a form of small scale, short term accommodation, similar to a bed and breakfast establishment; ► The site is located on the periphery of a residential neighbourhood, in close proximity to the Great Wolf Lodge, and has relatively direct access to Victoria Ave. via Leader Lane, thus the location is appropriate for small scale, short term tourist accommodation. ► The residential character will be maintained as no changes are proposed to the property and existing dwelling; ► A cottage rental dwelling rented to a single group of travelers should not generate any more traffic than a typical detached dwelling; and, ► By limiting the number of bedrooms to three (3), an occupancy to six persons and rental to a single group of travelers at a time, the use should be compatible A concentration of cottage rentals in a neighbourhood should be avoided. Currently there are only two approved cottage rental dwellings in the Glenview Neighbourhood Zoning Currently zoned Residential Single Family and Two Family (R2). Only permits single detached, semi - detached and duplex dwellings on appropriately sized parcels. Requested site specific zone change is to add a cottage rental dwelling, with four (4) bedrooms, to the list of permitted uses - 4 - December 12, 2011 Council Minutes The applicant has requested site specific modifications to the R2 regulations to recognize the size of the parcel and the location of the dwelling on the lot. ► Reduction to the minimum lot area requirement from 370 sq m to 357 sq m ► A reduction to the minimum front yard depth from 6 m to 3.4 m ► Reduction to the minimum exterior (northerly) side yard width from 4.5m to 3.5 m These requests recognize the existing situation The request to allow a portion of the dwelling to be located in the cellar is no longer necessary as Council recently approved a general amendment to the Zoning by -law to allow for this. The dwelling has four (4) bedrooms, 1 on the first floor, 2 on the second floor and 1 in the cellar. The use of the dwelling as a cottage rental dwelling should be limited to a maximum of 3 bedrooms and six (6) occupants for the following reasons: ► The subject property is undersized and its occupancy with larger groups has resulted in complaints from neighbours. ► The bedroom in the cellar does not satisfy the requirements of the Ontario Building Code. ► The City's licensing by -law does not allow guest rooms in the basement or cellar area. ► The Ontario Building Code limits the occupancy of bedrooms to two (2) persons. To assist in regulating the use of the cottage rental dwelling, the amending by -law should include a regulation limiting occupancy to a maximum of six (6) persons. The recommended limits should assist in ensuring the cottage rental dwelling is small scale such that the land use is compatible with the surrounding residences. Licensing and By -law Enforcement Staff has received complaints about noise and inquiries regarding the permitted uses for the property, prompting the rezoning application. If the rezoning is approved, the applicant will be required to obtain a municipal business license to operate the cottage rental dwelling. The applicant and guests will be expected to abide by all city by -laws, most notably the Noise By -law. By -law services staff will take normal action upon receipt of a complaint if these is non- compliance of any by -law. Conclusion The applicant has requested a zoning amendment to permit the existing single detached dwelling on the property to be used as a cottage rental dwelling (rented to a single group of travelers for a period of less than 28 days). The amendment can be supported because: ► The proposed use is similar to bed and breakfast establishments which are permitted in residential areas by the Official Plan, where they are compatible with the neighbourhood; ► The use is compatible with the Glenview Neighbourhood being located at the periphery of the neighbourhood, near the Great Wolf Lodge, and having convenient access to the arterial road system via Leader Lane; ► No changes are proposed to the dwelling that will alter its appearance or character; ► The city can regulate the use through licensing and enforcement of its noise by -law. Recommendation That Council approve the Zoning By -law amendment application to rezone the land to a site specific Residential Single Family and Two Family (R2) zone to permit the existing - 5 - December 12, 2011 Council Minutes single detached dwelling to be used as a cottage rental dwelling with a maximum of three (3) bedrooms. Veronica Veal, 4090 Hickson Avenue, advised that she is strongly opposed to the proposed amendment. Ms. Veal indicated that the noise concern was a major issue along with her loss of privacy. She is the only affected property. Andrea Fruci, 4124 Hickson Avenue, expressed that she had no issues with the proposed changes to a Cottage Rental Dwelling. Rocky Vacca, Sullivan Mahoney, representing the applicant indicated that his client is prepared to take steps to mitigate any perceived loss of privacy for the neighbours. The steps are: planting of 6 foot cedars along the side yard, installation of a frosted glass insert on the window that faces Ms. Veal's property, installation of a video camera in the backyard, installation of a sun /shade gazebo on the deck, a rental contract and rules for guests and the owners' contact numbers in case of guest issues. The owners of the property have invested a great deal and would like to see this as a positive improvement in the neighbourhood. The Public Meeting was Closed. Motion was made by Councillor Wing to deny the application but there was no seconder to the motion. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the report be approved with the six conditions proposed by the applicant. Motion Carried with Councillor Wing opposed. ORDERED on the motion of Councillor Wing, seconded by Councillor Morocco that staff report back on enforcement of noise complaints and the possibility of punitive measures for non - compliance with business licensing. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati announced the passing of Janet (Netta) Mathieson, who was a long- time City employee, who retired after more than 40 years of working with the City of Niagara Falls. Mayor Diodati advised that the Downtown Candlelight Stroll took place. Upcoming events: the Niagara Falls Lion's 40th Annual Major Dinner and Draw, the Snow Buddies programs. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 FX WORX INC. - Request approval to shoot fireworks off the Skylon Tower on New Years Eve. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the request be approved as recommended. Carried Unanimously 2. Regional Municipality of Niagara- Requesting comment on applications received from Metro Grocery Store, 3770 Montrose Road and Food Basics, 6770 McLeod Road for tourist exemptions under the Retail Business Holidays Act. RECOMMENDATION : That Council support the requests 6 December 12, 2011 Council Minutes ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that Council support the applications. RESOLUTIONS Carried Unanimously NO. 49 - THOMSON - IOANNONI - Therefore be it resolved that Niagara Falls City Council considers the second annual the Niagara Music Arts Expo in February and March, 2012 as an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. NO. 50- THOMSON - IOANNONI - Therefore be it resolved that Niagara Falls City Council considers Golden New Years Eve 2012, at the Scotiabank Convention Centre, as an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. REPORTS Carried Unanimously 1. CD- 2011 -17 - 2012 Council Schedule, Report #2 The report recommends that Council approve a preferred 2012 Council Schedule. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Morocco that the Tuesday, Version 2 Council Schedule be approved with Councillors Gates and Wing opposed. 2. F- 2011 -61 - Approval of Interim 2012 Spending Limits The report recommends that Council approve the following: That, in the absence of an adopted 2012 General Purposes Budget, City Council approves the following: 1 City departments be allowed to incur costs to a level of 50% of the departments' expenditure budget of the prior year. 2. Council pre approve the attached list of 2012 Infrastructure Renewal projects up $5.7M. Motion Carried ORDERED on the motion of Councillor Maves, seconded by Councillor Pietrangelo that the report be approved and staff report back on the state of Crescent Road. Carried Unanimously - 7 - December 12, 2011 Council Minutes RATIFICATION OF "IN CAMERA" RECOMMENDATIONS ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that the recommendations from the "In Camera" meetings from December 12, 2011 be approved. 1. Bus Terminal Update That a two -year lease with Coach Canada and Greyhound, be approved, to operate the "out of town" Bus Terminal at 4555 Bridge Street for the purpose providing ticket vending and bus parcel service (BPX) delivery, effective February 1, 2012 or earlier, if required; and That the Mayor & Clerk be authorized to execute the necessary leases. 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. MW- 2011 -49 - Decorative Entrance Features in New Developments Policy and Procedure. The report recommends that Council continue to support the current practice of constructing decorative walls in new developments on private property. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that the report be referred back to staff to provide further information on provision of clauses in Subdivision Agreements, a perpetual care fund and possible quality design standards. Carried Unanimously MW- 2011 -57 - Transfer of Pumping Stations to Region of Niagara, Garner Southwest and Grassy Brook Pumping Stations. The report recommends that the City of Niagara Falls request the Niagara Region to assume ownership and operating responsibilities of the Garner Southwest and Grassy Brook Pumping Stations subject to the transfer conditions and in accordance with the Region's policy (PW4.W06). ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that the report be approved as recommended. Carried Unanimously R &C- 2011 -17 - Sale of Ice at Reduced Rates. The report recommends that Staff be authorized to offer sale rates on identified blocks of ice that may periodically become available in the City Arenas for the purpose of recovering some operating costs. ORDERED on the motion of Councillor Wing, seconded by Councillor Pietrangelo that the report be approved as recommended. Carried Unanimously TS- 2011 -45 - Subdivision Agreements Update to Parking and Traffic By -law 89 -2000. The report recommends that the regulatory signs outlined in this report be approved for the fourth through seventh phases of the Deerfield Estates Subdivision, and the second phase of the Fernwood Subdivision. F- 2011 -49 - Financial Report as of October 31, 2011. The report recommends that Council receive the Operating Results report for information purposes. - 8 - December 12, 2011 Council Minutes BDD- 2011 -12 - Small Business Enterprise Centre Office Relocation & Incubator Space. The report recommends the following: 1. Council to authorize the Business Development Department - Small Business Enterprise Centre to establish and operate the Niagara Falls Incubation Centre (NFIC). 2. That the anticipated annual operating cost increase of $50,000 be referred to the 2012 Operating Budget deliberations. F- 2011 -50 - 2011 Capital Projects Update. The report recommends that Council receive for information purposes. F- 2011 -58 - Municipal Accounts. The report recommends that Council approve the municipal accounts totalling $4,680,183.44 for the period November 10, 2011 to November 23, 2011. MW- 2011 -60 - Street Light Maintenance Contract Extension. The report recommends that Council authorize staff to proceed with a minimum one year extension to Contract 2009 -01, 2009 -2011 Street Light Servicing, City Wide contract to Ground Aerial Maintenance Services Ltd. (GAMS) for a percentage price increase (consumer index) to 2011 rates. PD- 2011 -86 - Matters Arising from Municipal Heritage Committee. The report recommends the following: 1. That Council approve the proposed changes to the Designated Property Grant Guidelines. 2. That Council approve the change in the composition of the Municipal Heritage Committee from six members to eight members with addition of Aaron Butler and Len Inkster to the Committee and a Council member, if interested. 3. That Council approve the amendments to the process of listing of properties on the Municipal Register of Heritage Properties. R &C- 2011 -18 - Recycling at the Gale Centre. The report recommends that Council receive the report on recycling procedures at the Gale Centre for information. TS- 2011 -26 - 2010 Motor Vehicle Collision Report. The report is recommended for the information of Council. TS- 2011 -36 - Heximer Avenue- Parking Control Review. The report recommends that the parking restrictions outlined in this report be approved. TS- 2011 -53 - Lemon Road and Miller Road - Bridge Weight Restriction. The report recommends that Traffic and Parking By -law 89 -2000 be amended to restrict the weight of vehicles travelling over the bridge on Lemon Road, east of Montrose Road to a maximum of 14 tonnes and the bridge on Miller Road, east of Sodom Road to a maximum of 2.5 tonnes. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that the remainder of the reports be approved as recommended. Carried Unanimously ORDERED on the motion of Councillor Wing, seconded by Councillor Thomson that staff report come back on "Child at Play" signs. Carried Unanimously - 9 - December 12, 2011 Council Minutes BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the by -laws be given a first reading. Carried Unanimously 2011 -148 A by -law to amend By -law No. 79 -200, to rezone the Lands R1C to regulate the development of the Marinelli Estates subdivision. (AM- 2011 -010) A by -law to amend By -law 89 -155 and adopt a Schedule of Meetings. A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited, Stop Signs at Intersections,) 2011 -149 2011 -150 2011 -151 2011 -152 2011 -153 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Stopping Prohibited, Loading Zones, Weight Limits on Bridges) A by -law to amend By -law 2011 -51, being a by -law to prohibit the smoking of tobacco and other substances upon or within any land or buildings owned by the Corporation of the City of Niagara Falls. A by -law to authorize the execution of a Sublicence Agreement with Ontario Power Generation Inc. and Chippawa Public Docks Committee dated December 12, 2011, respecting the sublicence of the Ontario Power Generation Inc. lands for the New Chippawa Boat Dock. 2011 -154 A by -law to authorize the payment of $4,680,183.44 for General Purposes. 2011 -155 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 12th day of December, 2011. 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 ORDERED on the motion of Councillor Morocco, seconded by Councillor Maves that the meeting be adjourned at 9:45 p.m. .ralL DEAN IORF Carried Unanimously A, CITY CLERK JAMES M. DIOgATI, MAYOR