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2009/06/08ELEVENTH MEETING REGULAR COUNCIL MEETING Committee Room 2 June 8, 2009 Council met on Monday, June 8, 2009 at 7:00 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Councillor Pietrangelo offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Councillor Pietrangelo seconded by Councillor Mayes that the minutes of May 25 2009 be approved as amended. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Thomson indicated a conflict with AM- 2008 -033, as his employer is the adjacent to the property and he is a member of the Advisory Committee for Mt Carmel. Councillor Wing indicated a conflict related to the Board of Museums presentation and MW- 2009 -37, as her spouse is employed with the Museum. DEPUTATIONS /PRESENTATIONS Niagara Falls Red Raiders Under 15 - Midget Girls Basketball Mayor Salci and M.P.P. Kim Craitor congratulated the members of the Red Raiders Girls Basketball team for winning the Division 1 Ontario Basketball Association Championship and presented the team with individual plaques. The Team: Taylor Hiltz, Mary Ingribelli, Shannon Haldorson, Maddison Levines, Alyssa McCabe, Kasey Nicholls, Veronica Patterson, Chelsea O'Donoghue, Vanessa Rampado, Victoria Rampado. Coach: Rick Rampado and Assistant: Coach John Ingribelli. Niagara Falls Rapids Atom B Hockey Team - Provincial Champions Mayor Salci and M.P.P. Kim Craitor congratulated the members of the Atom B Girls Hockey team for winning the Ontario Women's Hockey Association Provincial Championship. The Team: Madison Keldson, Corinna Juras, Kiana McCarthy, Cassandra Cristiano, Haylee Ryan, Jadyn Ferguson, Tess Morocco, Emily Ward, Gabriella Blanchfield, Morgan German, Victoria Cristiano, Jessica Wiens. Coaches: Rick Morocco, Dave Juras, Trainer: Annie Ferguson and Manager: Dorothy Wiens Board of Museums Don Jackson from the Board of Museums was pleased to advise of the four major sponsors for Museum expansion and renovation. A pledge of $300,000 from Bob Gale to go toward the visitor centre to be known as " Gale Family Visitor Centre "; the Main & Ferry BIA donated $5000.00 to go towards the campaign's fundraising efforts; Niagara Falls Hydro pledged $100,000 to sponsor the courtyard space and covered walkway and the naming of the Stairwell Gallery has been sponsored by the West Family, with a donation of $50,000. Donors Bob Gale, Ruth -Ann Niewesteeg, on behalf of the Main & Ferry BIA, and Gord West, on behalf of his family, addressed Council on their donations, the importance of the project and thanked Council for their continued support. -AND- MW-2009-37 - Chief Administrative Officer - Architect Selection Niagara Falls Museum Project. The report recommends that: - 2 June 8, 2009 Council Minutes 1. That the firm of Moriyama & Teshima be awarded the architectural assignment for the construction of the Niagara Falls Museum, at an upset limit of $947,000. 2. That the Mayor and City Clerk be authorized to execute the agreement. ORDERED on the motion of Councillor Fisher, seconded by Councillor loannoni that the report be approved as recommended. Carried Unanimously with Councillor Wing declaring a conflict. PLANNING MATTERS PD- 2009 -43 - AM -2008 -033, Official Plan Amendment Application, 6881 Stanley Avenue, Applicant: 1149948 Ontario Ltd. ( Tony Zappitelli), Agent: Richard Brady, UEM Consulting and Ed Lustig, Broderick and Partners. Proposed Residential Condominium /Hotel Development. The Manager of Community Improvement and Planning Projects reviewed the recommendations and provided the following information. Background The applicant has requested two changes to the City's Official Plan: ► an amendment to Schedule 4 of the Official Plan to allow for high rise buildings on the site; and ► a Special Policy area to allow for consideration of building heights above 30 storeys. In return, the applicant is proposing to retain and restore the former Loretto Christian Life Centre building and the landscaped yard between the face of the building and the east property line. Similar applications are usually processed with OP and Zoning amendments concurrently. This application is different in that the proponent has requested an OP amendment only at this stage. A number of studies are necessary. The applicant is requesting these studies be part of a future Zoning Bylaw amendment application. The applicant is seeking approval to develop 3 buildings with heights of 32 storeys (107m/350 ft), 42 storeys (141m/462 ft) and 57 storeys (197m/645 ft). The tallest building is to be a hotel adjoined to the former Loretto building. - 3 - June 8, 2009 Council Minutes The other two buildings will be additional hotels or combination of hotel and residential units. Planning Analysis Provincial Policy The proposal is consistent with the Provincial Growth Plan for the Greater Golden Horseshoe. The opportunity for high density residential development supports the Province's goal by intensifying the use of the property. Official Plan The OP provides the opportunity to develop high rise buildings (up to 30 storeys) within the Central Tourist District. Adding the subject land complies with the intent of the OP as: ► The site is contiguous to a developed tourist area where buildings of 30 storeys or greater have been developed and represents a logical extension of this area. ► The immediate area will become an important node when the Niagara Falls Convention Centre is completed across the street. ► The proposed development will support the convention centre by providing convenient accommodations and other tourist services to conventioneers. ► The site is located on Stanley Avenue which functions as an entry corridor to the tourist district and is sufficiently removed from residential areas which would be sensitive to increased height. r. The nearest residences along Rogers Crescent are located some 150 m (500 ft) from the site. Adopting a Special Policy. Area to allow for buildings in excess of 30 storeys in exchange for the retention and restoration of the heritage features on the site is appropriate. The OP limits building heights in the Central Tourist District to 30 storeys. Official Plan amendments to allow buildings in excess of 30 storeys can be considered appropriate if it can be demonstrated that there are not impacts on surrounding residential and open space areas and public streets. Hotels have been approved exceeding 30 storeys within the area (Hilton — allowed to be built to 58 storeys; Rainbow Tower above Casino Niagara — 59 storeys; Embassy Suites - 36 storeys; Sheraton Fallsview — allowed to be built to 36 storeys). The OP acknowledges the importance of protecting and conserving the City's Heritage resources such as the former Loretto Christian Life Centre and the larger cultural heritage landscape. Policies, as opposed to guidelines, are being recommended as part of the Special Policy Area designation to ensure the project adheres to the City's Built Form Guidelines. The proposed OP policies will be implemented at the Zoning Bylaw amendment stage: ► To ensure heritage features are retained and restored as proposed and impacts on surrounding lands are mitigated, the proponent will be required to submit certain studies and reports as part of a complete Zoning Bylaw amendment application: • Heritage Impact Assessment will study the conservation and restoration of Loretto and retention and conservation of the landscaped open space between Loretto and the east property line, as well as any issues with Our Lady of Peace Chapel and Mount Carmel Centre to the south. A Tree Inventory and Preservation Plan to determine which trees contribute to the historical setting of Loretto and should be protected. ► Other Studies - 4 June 8, 2009 Council Minutes ► An Archaeological Impact Assessment to address any graves associated with Our Lady of Peace chapel that may encroach upon the lands; and I. An Architectural Peer Review report, a Microclimate Analysis and a Shadowing Analysis to ensure the Falls, Queen Victoria Park and surrounding properties are not adversely impacted by the development. The City's Official Plan policies require streetscape improvements in exchange for height bonusing between 4 storeys and 30 storeys. Where building heights in excess of 30 storeys are approved, the City requires cash contributions for public capital facilities. The capital contributions are to be secured by a Section 37 agreement executed prior to Council passage of a Zoning Bylaw amendment. Conclusion Amendments to the OP to allow for future consideration of high rise hotels and residential development on the land represents a logical extension of the high rise area located to the north of Livingstone Street. Allowing building heights above 30 storeys will protect the heritage features associated with the former Loretto Christian Life Centre. Based upon the site's prominent location overlooking the Falls, the project should be held to an exceptionally high standard of development and should be required to adhere to the City's Built Form Guidelines by including them as policies, as opposed to guidelines within the special policy area. Various studies will need to be completed and reviewed prior to the future zoning amendment being approved. Section 37 agreement policies to secure funds for streetscape improvements and capital facilities contributions will be necessary prior to passage of a future Zoning By -law amendment. Recommendation That Council approve the application to amend the Official Plan to add the subject land to Figure 4 which illustrates where high rise buildings (up to 30 storeys) can be considered and to site specifically add a Special Policy Area designation to permit hotels and residential condominiums consisting of 3 buildings with one up to 57 storeys, one up to 42 storeys and one up to 32 storeys, subject to the inclusion of policies requiring the following: 1. Retention, and restoration of the Loretto Christian Life Centre and the retention and conservation of the landscaped open space between the Loretto Christian Life Centre and the east property line; 2. Adherence, through policies, to the City's Built Form Guidelines to ensure the project is developed in a sensitive manor, as proposed; 3. Submission of various studies at the Zoning By -law amendment stage to the City's satisfaction including a Heritage Impact Assessment and Archaeological Impact Assessment; and 4. Section 37 contributions for streetscape improvements along abutting street frontages and for capital facilities for the portion of the development over 30 storeys. - 5 - June 8, 2009 Council Minutes John Perry, Planner, representing the Mount Carmel Spiritual Centre, stated that the Centre is not opposed to this proposal, however, they have some concerns over size, impact and scale. The visual privacy of the property will be significantly impacted by placing a 32 storey tower adjacent to the north property line. Mount Carmel also has on site amenities that should be protected. Mr. Perry indicated initial discussions with the developer have been positive and that they are hoping to negotiate and resolve any outstanding issues. They are presenting this evening to preserve their right to appeal should such issues not be resolved. Peter Meier, felt the project was not in keeping with the character of Niagara Falls and would further add to the wall on the escarpment. He felt Council should defer the application or reject it. Jean Grandoni, R R # 1, felt Council should have designated the site and is opposed to a mix of condo and hotel rooms. Norma Guindon, expressed concern with the size and density of the project and questioned whether it would be developed. Frank Fohr, was interested to know if there would be a tree preservation study done and the effects it would have on the north property tower. Father Roger Bineault, Mt Carmel, advised that there may be a possibility of more graves on the South side of Loretto and asked that the applicant be aware. Ed Lustig, Broderick & Partners, representing the applicant, stated that his clients have proven track records of achievement in the community. His clients accept the conditions outlined by staff and the Region. He stressed that the applicant will preserve and enhance the existing Loretto building and will also be providing 21 % set back from the gorge, a greater setback than required. The application also exceeds TADS requirements. Mr. Lustig pointed out that this was only an Official Plan amendment and that there would be other steps including the rezoning, site plan and a section 37 agreement, which would be an increased contribution than that of the Hilton project. The applicant has agreed to pay for the heritage impact study and will abide to any recommendations made. Peter Lesdow, Architect for the project, provided Council with an overview of the Loretto property, design history of the building and modifications over the years. The proposal is to provide a development which surrounds Loretto as its centre, reinstating its architectural features and creating a new use for the old building, within a 800 unit hotel. Mr. Lesdow indicated that all parking would be on -site, a total of 1359 spaces. He assured Council that various concerns could be addressed at site plan, that shadow studies have and will be done and that the developer would abide to recommendations of the tree preservation study. Mr. Lesdow indicated that construction would not occur during church services. Rick Brady, UEM Consulting, stated that the mix of hotel and condo is actually encouraged in the Provincial Policy statements and quite common in Toronto. He outlined the issue of the nearby graves and the procedures that had been followed before. The Public Meeting was Closed. ORDERED on the motion of Councillor Diodati, seconded by Councillor Kerrio that the report be approved as recommended. Councillor Diodati Councillor loannoni Councillor Mayes Councillor Thomson Mayor Salci AYE AYE AYE Conflict AYE Councillor Fisher Councillor Kerrio Councillor Pietrangelo Councillor Wing NAYE AYE AYE NAYE Motion Carried LEGAL MATTERS Councillor loannoni returned to Chambers. - 6 - June 8, 2009 Council Minutes MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci advised of some recent events: the 2' Annual Springlicious event in the Downtown, the official ceremony for the Boundary Waters Treaty Centennial, the first annual Ongiahara International Film Festival, focussing in on environmental issues, the announcement of infrastructure stimulus funding for the Niagara District Airport and the Niagara Falls Soccer Club hosted the 1S Annual Sam lorfida Spring Classic. Mayor Salci advised of upcoming events: The Niagara Falls Soccer Club is hosting a 50 Anniversary dinner -dance and the start of GO Transit service to Niagara Falls. Councillor loannoni exited Chambers. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 Clifton Hill BIA Budget - 2009 Budget RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the communication be approved. Carried Unanimously REPORTS 1. L- 2009 -25 - Chief Administrative Officer - Declare Surplus - Montgomery Street. The report recommends that Montgomery Street located south of McLeod Road and west of Pin Oak Drive ( "subject land "), and shown hatched on Attachment "1", be declared surplus. 2. L- 2009 -26 - Chief Administrative Officer - Declare Surplus - 6592 Dunn Street. The report recommends that Lot 15, Plan NS25 known municipally as 6592 Dunn Street, ( "subject land ") as shown on Attachments "1"& "2 ", be declared surplus and proceed to sale. Audrey Barclay, owner of abutting property, asked that Council consider rezoning the property open space to preserve the view of the historical Weaver House. ORDERED on the motion of Councillor Wing, seconded by Councillor Kerrio that the property be declared surplus and that staff work with the Barclay's and prepare a report on the various options. Carried Unanimously 3. PD- 2009 -46 - Chief Administrative Officer - Sign By -law Amendment The report recommends that the Sign By -law be amended to permit the encroachment of awnings and canopies over City road allowances throughout the City as follows: 1. That section 7 of By -law No. 2008 -224 be amended to state the following: 7.3.5 Notwithstanding clause (a) of section 3.6.1, an awning sign may encroach onto a street or shoulder of a street to within 0.8 metres of a street curb or the shoulder of a road. - 7 - June 8, 2009 Council Minutes 2. That section 10 of By -law No. 2008 -224 be amended to state the following: 10.5 Notwithstanding clause (a) of section 3.6.1, a canopy sign may encroach onto a street one half the distance between the streetline and the street curb or the shoulder of the street where a shoulder exists or to within 0.8 metres of a street curb or the shoulder of a road where a shoulder exists whichever is the lesser of the two distances. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that L- 2009 -25 and PD- 2009 -46 be approved as recommended. 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- 2009 -34 - Debenture Issue. It is recommended that Council request the Region of Niagara to issue debentures on behalf of the City of Niagara Falls totaling $2,959,604. FS- 2009 -05 - JEPP Funding Agreement. It is recommended that the Mayor and Clerk be authorized to sign JEPP Application Funding Approval agreements for two approved federal grants for Fire Services' equipment. IS- 2009 -01 - Preferred Computer and Server Manufacturer. It is recommended that Council approve Dell Canada as the preferred manufacturer of servers and computers purchased by the City of Niagara Falls until the end of 2010; and that Council also approve the purchase of two Dell servers at a discounted rate due to a shipping error. MW- 2009 -41 - Community Adjustment Fund Application. It is recommended that the City make application to the Community Adjustment Fund for the Montrose Road Business Park and the McLeod Road /Oakwood Drive Intersection Improvements. MW- 2009 -42 - CN Railway Bridge Closure - Mewburn Road. It is recommended that this report be received for information and that staff be directed to meet with representatives from CN, the Region of Niagara and the Town of Niagara -on -the- lake to address emergency response and road maintenance issues on an interim basis. PRC- 2009 -24 - Security Monitoring Contract. It is recommended that Council accept the quote submitted by Cantec Security Services Inc. in the amount of $ 134, 128 (GST excluded) for a three patrol of parks and pools. PD- 2009 -40 - SWC- 2008 -004, Balzacs Coffee Ltd. Sidewalk Cafe Licence Agreement with the City, 4388 Queen Street. It is recommended that the Mayor and the City Clerk be authorized to execute a Sidewalk Cafe Licence Agreement, with Balzac's Coffee Ltd. and Historic Niagara Development Inc. to permit the operation of a sidewalk cafe over a portion of the City sidewalk in front of Balzacs located at 4388 Queen Street. PD- 2009 -41 - CB & FIG - 2009 -003, Commercial Building Improvement Grant Application, C & A Tartaglia & S & M DiPietro, 6422 -6424 Ontario Avenue. It is recommended that Council approve the application for a Commercial Building Improvement Grant in the amount of $2,850.00, subject to meeting the program requirements including the requirements of City permits and entering into an agreement with the City; and that the Mayor and Clerk be authorized to execute the grant agreement. - 8 - June 8, 2009 Council Minutes PD- 2009 -45 - Request for Extension to Complete Growth Plan Policies. It is recommended that Council pass the resolution on the agenda requesting a one year extension to the June 16, 2009 deadline to amend the Official Plan to conform with the Growth Plan for the Greater Golden Horseshoe. TS- 2009 -23 - Magdalen Street Parking Review. It is recommended that parking be prohibited at all times on the northeast side of Magdalen Street between Ellen Avenue and McGrail Avenue. TS- 2009 -28 - Bus Terminal Taxi Stand Lease - RFP Results. It is recommended that That Niagara Falls Taxi Ltd. be awarded the contract to lease the Taxi Stand at the Bus Terminal for a three -year period June 15, 2009 to June 14, 2012; and that the Mayor and the Clerk be authorized to execute the necessary agreements. TS- 2009 -29 - Bridge Street - Revisions to On- street Parking. It is recommended that That the Council endorse the staff recommended on- street parking revision outlined in this report; and that a copy be forwarded to Niagara Region for their consideration. TS- 2009 -30 GO Train Service/ Niagara Falls Transit Update. It is recommended the report be received for the information of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the reports on the consent agenda be approved as recommended. Carried Unanimously Councillor Diodati exited Chambers RESOLUTIONS NO. 24 - KERRIO - FISHER - Therefore be it resolved that the Council of the Corporation of the City of Niagara Falls hereby requests The Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts set out below, and further, that the City confirms that it has entered into a contract for or authorized the commencement of all works listed. NO. 25 - KERRIO - FISHER - Therefore be it resolved that the Minister of Energy and Infrastructure be requested to extend the deadline for Official Plan amendments in compliance Growth Plan for the Greater Golden Horseshoe by one year. NO. 26 - KERRIO - FISHER - Therefore be it resolved that the appropriate staff person be authorized to submit a financial request to the Department of Canadian Heritage in relation to the Olympic Torch Relay and Community Celebration. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the by -laws be given a first reading. Carried Unanimously 2009 -96 A by -law to declare Parcel Streets -1 Section M40; Montgomery Street Plan M -40; in the City of Niagara Falls, in the Regional Municipality of Niagara, surplus. 2009 -97 BY -LAWS Carried Unanimously A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with Balzacs Coffee Ltd. and Historic Niagara Development Inc., respecting the Iicencing of a Sidewalk Cafe over a portion of City sidewalk in front of Balzacs Coffee Ltd. Located at 4388 Queen Street. - 9 - June 8, 2009 Council Minutes 2009 -98 A by -law to amend By -law No. 2005 -112, being a by -law requiring an emergency management program for the protection of public safety, health, the environment, the critical infrastructure and property, and to promote economic stability and a disaster - resilient community. 2009 -99 A by -law to declare Lot 15 Plan NS25 Niagara Falls; in the City of Niagara Falls, in the Regional Municipality of Niagara, surplus. 2009 -100 A by -law to establish Part Township Lot 223 Stamford designated as Part 10 on Reference Plan 59R -13835 as a public highway, to be known as and to form part of Chippawa Parkway. 2009 -101 A by -law to amend By -law No. 2008 -224, being a by -law to prohibit or regulate the placing or erecting of signs, notices, and advertising devices on public and private property within the City of Niagara Falls. 2009 -102 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 8 day of June, 2009. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the by -laws be read a second and third time and passed. Councillor Diodati returned to Chambers. Landlord Tenant Water Bills Green Oaks Mobile Home Park Preserve our Parks Ontario Treatment Centre Artificial Ice Rink NEW BUSINESS Carried Unanimously ORDERED on the motion of Councillor Wing seconded by Councillor loannoni that staff work with Niagara Peninsula Energy and prepare a report on various alternatives available to protect landlords from delinquent tenants. Carried Unanimously ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that staff prepare report back on the applicability of section 99(1) of the Municipal Act in the Green Oakes Mobile Home situation and that staff consult with the owner. Carried Unanimously ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that Preserve Our Parks and the Niagara Parks Commission be invited to attend the next Council meeting (June 29) to address the concerns presented by Preserve Our Parks. Carried Unanimously ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing to refer concerns about location of treatment centre to our Provincial member. Carried Unanimously ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the Council approve, in principle, the Downtown BIA's request to locate a synthetic ice surface in Centennial Square, at no cost to the municipality, other than insurance. Carried Unanimously June 8, 2009 Council Minutes ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that the meeting be adjourned at 10:15 p.m. Carried Unanimously DEAN IORF - 10 - ITY CLERK R.T. (TED) SALCI, MAYOR