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2009/04/06035. DEAN ORFID , CITY CLERK Wellspring HOPE Fund SIXTH MEETING IN CAMERA MEETING Council met on Monday, April 6, 2009 at 5:45 p.m. in an In Camera Session. All members of Council were present. Councillor Mayes presided as Chairman. Following consideration of the items presented, the In Camera Session did rise and report in open session. REGULAR COUNCIL MEETING Council met on Monday, April 6, 2009 at 7:30 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Councillor Thomson offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the minutes of March 23, 2009 be approved as printed. DISCLOSURES OF PECUNIARY INTEREST Councillor Thomson indicated a pecuniary interest on report PD- 2009 -29, AM -2008- Councillor Kerrio indicated a conflict on PD- 2009 -29, AM- 2008 -035, as this property is located across the street from his business. Councillor Wing indicated conflicts with By -laws 2009 -58 and By -law 2009 -59, as her spouse is employed with the Museum. Councillor loannoni indicated a a pecuniary interest on report PD- 2009 -29, AM- 2008 -035. DEPUTATIONS /PRESENTATIONS Committee Room 2 April 6, 2009 R.T. (TED) SALCI, MAYOR Carried Unanimously Ann Mantini, Executive Director of Wellspring, Liz Palmieri, Executive Director of Niagara Community Foundation and Alex Herlovitch made a brief presentation informing Council of their wish to establish an endowment fund to be held by the Niagara Community Foundation to assist Wellspring Niagara, a support centre for cancer patients and their families. - 2 - April 6, 2009 Council Minutes Mr. Herlovitch has committed to trying to raise $10,000 by running the Easter Island Marathon in June. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that Council show their support by way of advertising in the local newspaper and on the City's website of Mr. Herlovitch's fundraiser. Trails and Bikeway Committee Lisa Wilson, Trails and Bikeway committee Chair, provided Council with an overview of the many 2008 accomplishments as well as some 2009 plans. Ms. Wilson brought forward some recommendations for Council's consideration. 1. That the City support the donation and dedication of a bike rack and park bench to mark their joint effort with the Niagara Parks Commission (NPC); and 2. That the City be diligent on the implementation of bike lanes on any road reconstructions; and 3. That a policy be created and implemented for connective trail construction when approving neighbourhood developments; and 4. That Council follow the lead of other municipalities and participate in the Bike and Walk for Life conference; and 5. That more modern bike racks be placed around the City. ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that the recommendations be referred to staff to report back on implementation and that the NPC be approached regarding a shared arrangement on the costs associated with recommendation #1. Carried Unanimously ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that staff pursue Federal and Provincial funding programs available to extend and enhance the City's trails. Councillors Kerrio and loannoni exited Chambers. PD- 2009 -29 - AM -2008 -035, Zoning By -law Amendment Application, 6455 Fallsview Boulevard, 6471 Stanley Avenue and 5896 -6046 Dunn Street. Applicant: 1712093 Ontario Limited and 2100422 Ontario Limited ( Carmen and Victor Menechella), Agent: Italia Gilberti, Broderick & Partners LLP, Proposed 10 Storey, 126 Room Addition to the Fallsview Plaza Hotel. The Director of Planning and Development reviewed the recommendations and provided the following information. Background PLANNING MATTERS Carried Unanimously Carried Unanimously The applicants have requested zoning amendments to 3 parcels of land. In 2008 Council approved a 4 to 5 storey podium addition to the south and west sides of the 18 storey Fallsview Plaza Hotel, including 120 additional hotel rooms, restaurants and entertainment facilities, with the majority of parking being provided off -site, on Stanley Ave and Dunn St. The applicant is requesting site specific zoning be amended to permit the proposed 10 storey, 126 room addition to the hotel while retaining existing development rights, and to permit approximately 58 additional required parking spaces to be provided on the Dunn Street parking lot site. Planning Analysis Official Plan - 3 April 6, 2009 Council Minutes The subject hotel is located in the Fallsview Subdistrict where building heights up to 30 storeys may be considered and the addition of 10 storeys is within the permitted height limit. The proposal meets only some of the Design Guidelines intended to guide high -rise development and prevent a continuous wall of buildings. ► The OP requires tall buildings to reduce their massing and visual impact as they become taller, provide appropriate gaps between buildings, add distinct and interesting features to the skyline, enhance pedestrian environment at street level and provide appropriate setbacks for high -rise buildings. ► The Tourism Policy Review Implementation Handbook as guidelines to provide further direction on how these policies may be achieved. ► The proposed hotel meets the following design criteria: ► a positive building base, wind mitigation, improved pedestrian environment and tower step back Does not provide appropriate gap between towers above the podium level. Guidelines require 25 m (82 ft) separation to allow light and transparency between buildings. Proposed addition to the Fallsview is only 2 m (6.6 ft) from shared lot line Separation of the two towers would only be 10 m (33 ft) rather than 25m (82 ft) Separation distance can be increased by removing 2 rooms per floor above the 4 floor podium which would increase setback from northerly lot line to 6 m (20 ft) Separation of the 2 towers would then be increased to 14m (46 ft) Gap would still be less than the guidelines, but acceptable as it is not located in the first tier of development, cannot be seen from Queen Victoria Park and gap is exceeded above the 10 storeys. No distinct or interesting architectural feature added to Niagara Falls skyline. Can be resolved during site plan process. Zoning Parcel 1 zoned TC, with site specific provisions permitting 18 storey hotel and 4 -5 storey expansion and majority of required parking to be provided off -site. Applicant requesting new site specific zoning for Parcel 1 that will retain existing hotel and development rights as well as permitting the new addition. Current zoning limits the height to15.2 m (50 ft) whereas the new addition would have a height of 31 m (102 ft). The applicant is requesting a north sideyard setback of 2m (6.6 ft) whereas staff recommend a setback of 6 m (20 ft). Applicant requesting an additional 58 parking spaces be permitted off -site. Section 37 Agreement which applies to Parcel 1 will be amended to reflect the new development. No further contributions are required. Site Plan agreement for the hotel and off -site parking will need to be amended, if proposal is approved, to address storm water, servicing, decorative fence or wall and updated traffic study. Conclusion Through the planning analysis it was found that the proposal: ► Complies with the height policies and some of the design criteria of the Official Plan. ► Increasing the separation between the hotel addition and the adjacent Hilton Hotel will reduce the `wall of development' impact the addition will have in this area. ► Developing the addition with distinctive architecture including a roof feature will enhance the appearance of the development on the land. An increased separation distance of 6 metres (20 ft) be provided between the addition and the north property line above the podium level. Would provide an appropriate gap because the tower is low, is not in the first tier of development and cannot be seen from Queen Victoria Park. Recommendation The Public Meeting was Closed. - 4 - April 6, 2009 Council Minutes That Council approve the Zoning By -law amendment application to permit a 10 storey addition to the Fallsview Plaza Hotel and to permit additional off -site parking, subject to: ► Provision of a 6 metre ( 19.7 ft) setback from the north property line for the portion of the addition above 4 storeys. Jeff Hincks, 6115 Collins Drive, expressed concern with the parking lot on Ailanthus. It was clarified that the parking lot was not being expanded. Italia Gilberti, Broderick & Partners, representing the applicant, agrees with the recommendation to approve the application but disagrees with the condition(a) of approval. Ms. Gilberti advised that the loss of 2 rooms per floor will not make the project economically feasible. She felt that the design would not detrimentally affect the Hilton. She asked that Council approve the application while omitting the condition. ORDERED on the motion of Councillor Fisher, seconded, by Councillor Pietrangelo that Council approve the Zoning By -law amendment, as submitted by the developer, to permit a 10- storey addition to the Fallsview Plaza and to permit additional off -site parking. Carried Unanimously Councillors Kerrio, loannoni and Thomson declaring conflicts. Councillors Kerrio and loannoni returned to Chambers. Zzzz ". MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci extended condolences to the Roger Pigeon, of the Niagara Falls Fire Prevention Office, on the passing of his mother, Rose. Mayor Salci informed Council that he has an upcoming meeting with John Baird, Federal Minister of Transport, Infrastructure and Communities to discuss local projects as well as the Ad -Hoc Railway Relocation. Mayor Salci confirmed that GO Transit will be coming to Niagara and that the City has been named a "Celebration City" to host the Olympic Flame during the Olympic Torch Relay later this year. Mayor Salci advised of some recent events: The Project Share fundraiser " Danny Mayor Salci advised of some upcoming events: "Docs on Ice" Hockey Tournament coordinated by Heart Niagara will be held on April 16 - 18 2009, the launch of " Schools in Bloom" competition and the Stamford Centre Volunteer Firefighters Easter Egg Hunt, author Kara Bartley will be at the Niagara Falls Public Library and the Niagara Falls MS Walk will be held. RECOMMENDATION: For the information of Council. - 5 - April 6, 2009 Council Minutes COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 Honourable David Caplan, Minister of Health and Long -Term Care - responding to Council's request to appear as a deputation at a meeting. ORDERED on the motion of Councillor Pietrangelo, seconded Councillor Mayes that the communication be received and filed. Carried Unanimously 2. Rotary Club of Niagara Falls Ribfest - (1) Requesting that the Rib Fest be declared a Community Festival; (ii) Requesting that the noise by -law be extended to 11 p.m; (iii) Requesting that permission be given for directional signs. RECOMMENDATION: Council approve the first two request and that staff be directed to work with the organizers regarding directional signage. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the communications be approved as recommended. Carried Unanimously 3. Celebrate Old Downtown - Requesting a grant equal to various fees associated with Springilicious and extension of the Noise By -law. RECOMMENDATION: For the consideration of Council. ORDERED on the motion of Councillor Diodati, seconded by Councillor Thomson that a grant equal to the fees outlined in memo and requests related to the noise by -law and declaration as a community festival be approved. with Councillor Wing opposed Motion Carried 4. MIDE Bistro - requesting that the cost associated with the sidewalk cafe be waived. RECOMMENDATION: That Council deny the request or, in the alternative, the BIA be requested to fund the loss of parking revenue to the City. ORDERED on the motion of Councillor Thomson, seconded by Councillor Diodati that the requirement of compensating the City's lost parking revenue be waived. with Councillor Wing opposed Motion Carried 5. Canadian Forces Recruiting - Request permission to fly a CF -18 Canadian Fighter aircraft for the Niagara Falls 2009 Canada Day celebrations. RECOMMENDATION: For the approval of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Fisher that the request be approved. Carried Unanimously - 6 - April 6, 2009 Council Minutes 6. Niagara Child and Youth Services Foundation - Requesting that the week of May 2 - 9, 2009 be proclaimed as " Children's Mental Health Week" in the City of Niagara Falls. RECOMMENDATION: For the approval of Council ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson seconded that the request be approved. Carried Unanimously 7 Ontario Coaches Week - Requesting that April 18 - 26 2009 be proclaimed as "Ontario Coaches Week" in the City of Niagara Falls. RECOMMENDATION: For the approval of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the request be approved. Carried Unanimously 8. Canadian Mental Health Association - Requesting that May 4 -10, 2009 be proclaimed as "Mental Health Week" in the City of Niagara Falls and that Council support a flag raising during that week. RECOMMENDATION: For the approval of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the request be approved. Carried Unanimously REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS ORDERED on the motion of Councillor loannoni, seconded by Councillor Maves that the actions taken in Community Services Committee, on April 6, 2009 be approved. Carried Unanimously 1 The minutes of the March 23, 2009 meeting be approved. 2. MW- 2009 -21 - DWQMS Operational Plan with Presentation 1) That City Council endorse the Drinking Water Quality Management System Operational Plan, and 2) That staff be authorized to make the appropriate application to the Ministry of the Environment prior to May 1, 2009. 3. BS- 2009 -01 - House moving concept in partnership with Niagara Regional Housing, Niagara Region, Niagara Catholic District School Board, Ed and Ruth Ann Nieuwesteeg and the City of Niagara Falls That the City provide grants equal to land costs, various permit costs and to assist in dealing with Hydro and the Niagara Regional Police. 4. R- 2009 -14 - Recreation Property and Building End Use Update That the former Recreation Building be appraised, put on the open market with a reserved bid, with notice of the future intent to designate. 5. MW- 2009 -18- Front Street Flooding Remedial Works 1 General Purposes Budget Discussion - 7 - April 6, 2009 Council Minutes That City Council authorizes staff to proceed with the installation of sewage ejector pumps and new sewer laterals at the five -unit townhouse development on Front Street. RATIFICATION OF CORPORATE SERVICES COMMITTEE MATTERS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the actions taken in Corporate Services, on April 6, 2009 be approved. Carried Unanimously That staff reduce the capital contributions as outlined in the General Purposes budget presentation in the amount of $458,810. That staff provide a report to Council on the actual costs of Animal Control Services for the consideration in the 2009 General Purposes budget. That Council defer consideration on the passing of the 2009 General Purposes Budget until the next Corporate Services meeting. 2. That the presentation for the Capital budget and the Municipal Utility budget be presented during the Council meeting. RATIFICATION OF IN CAMERA COMMITTEE RECOMMENDATIONS ORDERED on the motion of Councillor Thomson, seconded by Councillor Mayes that the recommendation from the "In Camera" meeting on April 6, 2009 be approved. 1. That Council approve the Agreement of Purchase and Sale for Portion of Murray Street (Parts 1 and 7 on Reference plan 59R- 13814) to Zeljko Holdings Ltd, and that the Mayor and Clerk be authorized to execute the Agreement of Purchase and Sale and the Clerk be authorized to affix the corporate seal thereto. 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. PD- 2009 -27 - Matters Arising from Municipal Heritage Committee Status of Jolley Cut. It is recommended: 1. That Council consider the Municipal Heritage Committee's recommendation that the Jolley Cut pathway be designated as a Cultural Heritage Landscape due to its historical significance to the City, and the designation should cover the entire length of the pathway. - 8 - April 6, 2009 Council Minutes 2. That Council forward the following comments to the architect who is completing the landscape plan for the Jolley Cut. - the walkway width should be maintained at its current width; - that native species should be used; - a tree protection plan should be completed; and - that the Municipal Heritage Committee be consulted in the design stage. ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that the report be deferred and the committee appear at a future meeting. Motion Carried with Councillor Fisher opposed. F- 2009 -15 - Annual Statement of Remuneration & Expenses. It is recommended for the information of Council. F- 2009 -16 - Tax Receivables Monthly Report. It is recommended for the information of Council. MW- 2009 -16 - Contract 2009 -17 Sewer Lateral Lining Program. It is recommended that the unit prices submitted by PipeFlo Contracting Corp. be accepted; that Council pre approves the proposed expenditure in advance of the adoption of the 2009 Utility Budget due to timing considerations and that the Mayor and City Clerk be authorized to execute the necessary agreement. MW- 2009 -17 - Consulting Services for Bridge and Culvert Inspections. It is recommended that the City enter into a consulting services agreement with Ellis Engineering Incorporated for inspection of bridges and culverts for an upset limit of $28,000 excluding GST; and that the Mayor and City Clerk be authorized to execute the necessary consulting services agreement. MW- 2009 -19 - Water Conservation - Rain Barrel Sale. It is recommended that Council pre approve the expenditure for the rain barrels, as proposed in the 2009 Water Conservation program. R- 2009 -19 - 2009 Arena Rates and Fees. It is recommended that City Council approve the attached fees as outlined in Schedules 1 and 2. R- 2009 -20 - Award of Pro at the Gale Centre. It is recommended that Council award the Retail Pro Shop lease contract for the Gale Centre to Front Row Sports Excellence for a five year contract with option to renew for a five (5) years; and that Mayor and Clerk be authorized to sign the agreement. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that the balance of reports on the Consent Agenda be approved as recommended. Carried Unanimously RESOLUTIONS NO. 12 - PIETRANGELO - MAVES - therefore be it resolved that Council confirms the actions of Staff in filing the Notices of Appeal or Complaint against those properties set out in Schedule "A" attached to the Resolution; and staff be authorized to appear at the Hearing to consider the Appeals or Complaints and to take all steps necessary to support the said Appeals or Complaints. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that Council move to the Corporate Services agenda. Carried Unanimously - 9 April 6, 2009 Council Minutes CORPORATE SERVICES COMMITTEE AGENDA 1. 2009 Budgets Ed Dujlovic provided Council with an overview of the Capitals Projects.. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the Municipal Utility Budget presentation be deferred. Motion Carried with Councillor Pietrangelo opposed 2. CPS - 2009 -02 - Municipal Utility Budget, Fees and Charges for Water and Sewer. The report recommends that: 1. That the 2009 Municipal Utility Budget be approved; 2. That the 2009 Schedule of Fees and Charges for Water and Sewer be approved and made effective May 1, 2009. ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the report be brought back at a later date. Carried Unanimously 2009 -53 2009 -55 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 by -law to authorize the execution of an Agreement of Purchase and Sale with Zeljko Holdings Limited respecting the purchase of lands, being Parts 1 and 7 on Reference Plan 59R- 13814; in the City of Niagara Falls, in the Regional Municipality of Niagara. 2009 -54 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. A by -law to amend By -law No. 79 -200, to permit the existing building on the Lands to be used as a one family detached dwelling or a tourist home. (AM- 2008 -038) 2009 -56 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. ( McGarry Drive and St. Michael Avenue ). 2009 -57 A by -law to apply the Heritage Week reserve fund. 2009 -58 A by -law to hereby authorize the execution of Contribution Agreement for Infrastructure Projects between Her Majesty the Queen in right of the Province of Ontario, as represented by the Deputy Premier and Minister of Energy and Infrastructure, and Minister of Agriculture, Food and Rural Affairs Transportation for the Province of Ontario (the "OMAFRA ") and the City of Niagara Falls (the "Recipient ") related to Intake One of the Building Canada Fund Communities Component (BCF -CC), as in Schedule "A" attached hereto. 2009 -59 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 6 day of April, 2009. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be read a second and third time and passed. Carried Unanimously Voluntary Retirement Option ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that staff bring back a report on the voluntary retirement option program that had been offered to applicable staff Carried Unanimously Recycle containers ORDERED on the motion of Councillor Diodati, seconded by Councillor Wing that staff address and bring back a report on having recycling containers at City properties Carried Unanimously Council Chambers Audio Problems ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that staff investigate issues surrounding the Chambers' audio system and costs of upgrading the system. - 10 - April 6, 2009 Council Minutes NEW BUSINESS Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni to go into an In Camera session following the conclusion of their regular agenda, as permitted under s. 239(2)(d) of the Act, labour relations or employee negotiations; and That the Clerk, Dean lorfida, delegates his authority for the purposed of the Closed Meeting to the Director of Human Resources, Trent Dark; and That the Clerk will resume his duties at the next regularly scheduled Council meeting. Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the meeting be adjourned at 9:40 p.m. Carried Unanimously 4P-• DE N IORFI A, CITY CLERK R.T. (TED) SALCI, MAYOR