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2011/11/14 SEVENTEENTH MEETING REGULAR COUNCIL MEETING November 14, 2011 Council met on Monday November 14, 2011 at 6:30 p.m, Following the Regular Council meeting, an In Camera session. All members of Council except Councillor loannoni and Wing were present for the In Camera session. Councillor Gates offered the Opening Prayer. * * * ** ADOPTION OF MINUTES ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the minutes of October 24, 2011 be approved as printed. Carried Unanimously * * * ** DEPUTATIONS/ PRESENTATIONS CYTEC Candy Cane Lane 5K Race& Fun Run Dino Fazio and Heidi Werner informed Council of the upcoming Cytec Candy Cane Lane 5K Race and Fun Run taking place on November 20` 2011 and encouraged Council and residents to participate. Movember Mayor Diodati informed Council on the annual initiative "Movember" that raises awareness on Prostate Cancer. Honeymoon Suite The Mayor recognized Johnnie Dee (DeGiuli), member of Honeymoon Suite, for their years of success and profiling our community. Mayor Diodati presented Johnnie Dee with a key to the city. Business Recognition Awards Mayor Diodati recognized businesses in the community celebrating 20, 25 and 30 years of service to our community. PLANNING MATTERS TS- 2011 -44 - Bridge Street - 2 Hour Parking Time Limit Zone, Review of Parking Enforcement The Director of Transportation Services provided Council with a brief update. Pat Simon, 4111 Bridge Street, expressed his concern that there was over vigilant enforcement near his restaurant. He had no issue with the parking accommodation currently provided to the Customs & Border Services staff. - 2 - November 14, 2011 Council Minutes ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the report be deferred. Carried Unanimously PD- 2011 -80- 26T- 11- 2011.02 & AM- 2011 -010, Marinelli Estates Draft Plan of Subdivision, Zoning By -law Amendment Application, South of Mountain Road, West of St. Paul Avenue. Owner: 800460 Ontario limited ( Fruitbelt Development) The Director of Planning and Development reviewed the recommendations and provided the following information. Background Applicant is requesting an Zoning By -law amendment application to change the zoning of the subject lands from Development Holding (DH) to Residential (R1 C), to reflect the size of the lots being proposed. The applicant has also filed an application to subdivide the lands into 11 building Tots for detached dwellings. The subdivision includes a block of land (Block 12) that is proposed to widen a planned walkway connecting the subdivision with the Haulage Road Trail to the south. The subject property received provisional consent that severed a residential lot with an existing house fronting onto Mountain Road. The remaining land comprises the land subject of this application. Neighbourhood Open House Open House held on October 5, 2011 Only the applicant and current property owners attended. Owners of 6630 Mountain Road submitted a letter outlining their concerns: ► Request trees be planted in the road allowance to provide privacy for their rear yard; The standard practice of allowing 2 street trees on the exterior lot line should be followed. ► a curb cut on Marinelli Drive can be accommodated. Staff met with owner of 6666 Mountain Road: ► Requested servicing laterals be installed along the proposed Marinelli Dr. which would facilitate future development of their land; This request is premature since the size and location of lots has not been determined. ► Request a board fence along the west side of Marinelli Dr.- fence not to be built along future development ► Keep the temporary entrance at Colangelo Estates open; Owners of 6646 Mountain Road submitted a letter outlining their requests: ► Would like trees along side of their property; Standard practice of 2 street trees to be maintained. ► Keep the temporary entrance to Colangelo Estates open. Letter from Donato Colangelo, Developer of Colangelo Estates Requesting that the temporary street access to his subdivision be closed once Marinelli Drive has been constructed. Planning Analysis Provincial Policy Statement & Growth Pan The Provincial Policy Statement and Growth Plan direct growth to built up areas and promote intensification. - 3 - November 14, 2011 Council Minutes The proposed subdivision would comply as it: ► Is located within the built boundary which meets the intent of the Growth Plan of directing developments within the built boundary. ► Would contribute to the City's short term supply of residential units available in draft approved plans. ► Will be on full municipal services (road, water, sewers) and will connect to existing services from the abutting subdivision, which is encouraged by Provincial Policy. Official Plan The subject property is designated Residential in the OP Development is to be compatible with the surrounding land uses. The proposed subdivision has a density of 9 units per ha (4 un /ac) which is much less than 25 un /ha (62 un /ac) permitted. Subdivision Design Proposed subdivision would create a new street — Marinelli Dr. from Mountain Rd to Lucia Dr. to connect Colangelo Estates. Lots are limited to one side of Marinelli Dr. Lucia Dr. is designed to be extended west in the future. A 0.3 m (1 ft) reserve along the entire west side of Marinelli Dr. will be dedicated to the City to ensure that the lands to the west develop in a coordinated manner through a plan of subdivision. A park is not required as part of the development. Block 12 is to be conveyed to the City as part of a walkway to the Haulage Road Trail and will be credited as parkland with the balance of the parkland received as cash -in -lieu of parkland. The developer of Colangelo Estates subdivision requests that the temporary entrance to Colangelo Estates be closed once Marinelli Dr. is constructed. ► The Fire Department does not support this request since it creates a longer dead - end street that serves more dwellings. ► This is also contrary to the Official Plan, which limits the length of dead -end streets to 150 m (500 ft). ► Once the lands east of Colangelo Estates are developed and a second permanent access is provided, the City will be in position to close the temporary access to Colangelo Estates. The Fire Dept. identified this development as providing an opportunity to reconcile the need for emergency access to the Dellpark Subdivision. This would involve extending an emergency lane connection between Lucia Dr. and Dellpark Dr. across the Haulage Road Trail. ► Block 12 is not to be widened to 6 m (19.7 ft) and will be maintained for pedestrian access only. ► Without diminishing the safety importance of this request, vehicle access across Haulage Road Trail has already been discussed, debated and decided at an OMB Hearing. requested that consideration be given to constructing service laterals to facilitate future development along the west side of Marinelli Dr. Since the exact location of the future Tots is unknown, it would be premature to provide service laterals. - 4 - November 14, 2011 Council Minutes Removal of 0.3 m (1 ft) reserve from along 6630 and 6646 Mountain Rd. affords an opportunity for access to Marinelli Dr. As part of the subdivision process, conditions of draft approval are included in the appendix to the staff report which assists in the implementation of the external agency and City's requirements. Zoning By -law The subject property is currently zoned DH in accordance with By -law No. 79 -200. The applicant requests that the subject property be rezoned to R1 C. The proposed lot areas range from 635 sq m (6835 sq ft) to 791 sq m (8514 sq ft) and the lot frontages range from 17 m (55.8 ft) to 21.15 m (69.4 ft) All of these dimensions exceed the regulations of the R1 C zone. In addition, the lands to the east are zoned R1C 543(reduced frontage for a corner lot) Lands to the south are zoned R1 C, therefore, the requested zone change is compatible with surrounding zones. Accordingly, Planning staff considers the requested Zoning By -law amendment to be appropriate. Conclusion The applicant has submitted an application to subdivide the subject property into 11 Tots for detached dwellings, a block for a walkway and a block for a 0.3 m reserve. A Zoning By -law amendment application to rezone the subject lands from Development Holding (DH) to Residential Single Family 1C Density (R1C) has been concurrently submitted. Planning staff recommends the applications for the following reasons: ► The proposal is within the urban boundary and designated for residential use which is a logical extension of built form and meets Provincial policies.; ► The lot sizes are compatible with the subdivision to the east and are in keeping with the character of the surrounding area; ► The proposed subdivision conforms to the City's Official Plan with respect to compatibility and maximum density; and ► The requested R1C zoning is consistent with the zoning in the area. Recommendation That Council grant draft approval to the Marinelli Estates Plan of Subdivision as detailed and subject to the conditions in the staff report. That the Mayor or designate be authorized to sign the draft plan as `approved' 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. That draft approval be given for three years after which approval will lapse unless an extension is requested by the developer and granted by Council. That the Zoning By -law amendment application be approved as detailed in the staff report to provide the necessary land use regulations to guide the development of the subdivision. That the Mayor and City Clerk be authorized to execute the Subdivision Agreement and any required documents to allow for the future registration of the subdivision when all matters are addressed to the satisfaction of the City Solicitor. - 5 - November 14, 2011 Council Minutes Tom Richardson, Sullivan Mahoney LLP, representing Donato Colangelo, indicated that his client supports the Draft Plan of Subdivision. He gave the opinion that approval will allow the commitment to his client to remove the access road into Coangelo Estates since an alternate access will be available through Marinelli Estates. Mr. Richardson indicated that the access into Coangelo estates does not meet the technical criteria for a road and that the Haulage Road could still be used for emergency fire access. Emilie Wetherell, 6666 Mountain Road, requested that the developer be responsible for a fence the length of her property on the west side of the road and that laterals be put in for possible future development of her property, although she has no plans at this time. Also, she indicated that she would like to see the current entrance to Colangelo Drive remain open upon completion of Marinelli Drive. Tony Lisi, 6646 Mountain Road, requested that mature trees (6ft in height) be planted on the boulevard along the road to the east side of his property to provide noise attenuation and coverage from car lights. Italia Gilberti, Broderick & Partners, representing the applicant, was in agreement with the staff report and recommendations. She and her client take no position on the Coangelo request but their application should not be held up by that issue. Her client is willing to provide additional caliber trees, as per the City's policy. She also felt it was unreasonable for the developer to provide a fence along the Wetherell property. The Public Meeting was Closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the recommendation report be approved, that staff arrange a meeting with the developer and Mountain Road property owners adjacent to the entrance to discuss the provision and specific details of additional trees, that the request of the property owners at 6630 Mountain Road for a curb cut, or lower curb, to allow access to their rear yard be accommodated and that City staff meet with Mr. Richardson and his client regarding the Coangelo Estates access road issue. Carried Unanimously * * * MISCELLANEOUS PLANNING MATTERS 1. PD- 2011 -79 - Response to District School Board of Niagara Regarding Disposal of Battlefield School - 6045 Barker Street. The report recommends that Council authorize staff to work together with the Niagara Region regarding the possible acquisition of the Battlefield School property with the open space lands potentially being owned by the City and the former school site being owned by the Niagara Region. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the report be approved as recommended. Carried Unanimously * * * ** MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati advised of some recent events: The annual Arts & Culture Wall of Fame Induction, the Winter Festival of Lights kick off , the annual "Light of Day" concert raising awareness for Parkinson's Disease, the Remembrance Day Ceremony, "World Planning Day" and "Movember ", the event that raises awareness and funds for prostrate cancer research. Mayor Diodati advised of some upcoming events: " The Faces Behind the Giving Event" with donations going toward the GNGH Foundation and the annual Santa Claus Parade. * * * ** 6 November 14, 2011 Council Minutes COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Niagara Parks Police - requesting financial relief from false alarm invoices. RECOMMENDATION: For the consideration of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that staff report back on false alarm charges. Carried Unanimously 2. Niagara Region Metis Council - Request permission to raise the Metis Flag at City Hall on Wednesday, November 16, 2011, for a period of one week to honour Louis Reil. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates that the communication be approved. Carried Unanimously * * * ** REPORTS FINANCIAL MATTERS The Director of Finance made a presentation on the 10 -year Capital Plan. F- 2011 -51 - Chief Administrative Officer - Fee for Service The report recommends that Council direct staff to reclassify the funding category for Project Share and Niagara Falls Art Gallery as Fees for Service instead of Permissive Grants for the 2012 Budget deliberations. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the report be approved as recommended. Carried Unanimously * * * ** F- 2011 -52 - Chief Administrative Officer - Habitat for Humanity - 5076 McRae Street The report recommends that Council waive the applicable fees and Development Charges for Habitat for Humanity on their proposed 2012 project at 5076 McRae Street. ORDERED on the motion of Councillor Gates, seconded by Councillor Pietrangelo that the report be approved as recommended. Carried Unanimously * * * ** The Directors of Municipal Works and Finance made presentations to Council on the 2012 Capital Works Program - Municipal Works Department. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the presentation be received. Carried Unanimously - 7 - November 14, 2011 Council Minutes MUNICIPAL WORKS MATTERS MW- 2011 -51 - Chief Administrative Officer - Fairview Cemetery Winter Maintenance Policy The report recommends that the level of service for weekend winter maintenance in the Fairview Cemetery be consistent with the Public Trails and Pathways Winter Maintenance Policy. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the report be approved as recommended. Carried Unanimously * * * ** MW- 2011 -52 - Chief Administrative Officer - Preakness Neighbourhood Park Playground Improvements The report recommends that staff be directed to work with the residents in the Preakness Park neighbourhood to secure additional funding to accommodate the preferred playground design. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the report be approved as recommended. Carried Unanimously * * * ** RESOLUTIONS NO. 44 - PIETRANGELO - MAVES - Therefore be it resolved that Niagara Falls City Council petition the Regional Municipality of Niagara and the Niagara Homelessness Advisory Committee to reconsider Prevention funding for applicable programs within the municipality. NO. 45 - THOMSON - 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 in the draft Plan of Subdivision (26T -11- 2006-02) are minor in nature and do not require any further notice. 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 -44 - Mobile Digital Radio Systems, Tender T10-2011. The report recommends the following: 1. That Tender T10 -2011 Section A, Form of Tender "A ", for the supply of New VHF Mobile Digital Radio System for all City Equipment and Office units in Municipal Works Departments be awarded to Talk Wireless Inc. in the amount of $154,709.53 (plus tax). 2. That Tender T10 -2011 Section A, Form of Tender "B ", for the supply of New UHF Mobile Digital Radio System for the Niagara Falls Transit Buses be awarded to Talk Wireless Inc. in the amount of $65,086.53 (plus tax). - 8 - November 14, 2011 Council Minutes 3. That Tender T10 -2011 Section B, to provide Two -Year Service and Maintenance of the Mobile Radios be awarded to Talk Wireless Inc. 4. That staff be authorized to sign the necessary purchase order and related documents associated with these purchases. MW- 2011 -46 - McRae Street Reconstruction Phase 2, Contract 2011- 247 -11 - Tender Award. The report recommends the following: 1. The contract be awarded to the lowest bidder Demar Construction at the tendered price of $1,327,042.86. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. MW- 2011 -47 - Consultant Appointment Engineering Services, McLeod Road Reconstruction Project (Pin Oak Drive to Kalar Road). The report recommends that the Mayor and Clerk be authorized to sign and execute a Consulting Services Agreement with Upper Canada Consultants for the design of the road reconstruction and services for McLeod Road between Kalar Road and Pin Oak Drive for the upset limit of $49,662.00 excluding HST. MW- 2011 -48 - Consultant Appointment, Municipal Class Environmental Assessment Kalar Road (Lundy's Lane to Westwood Street). The report recommends that the Mayor and Clerk be authorized to sign and execute a Consulting Services Agreement with Delcan to provide the necessary services to complete the environmental assessment process as set out in the Municipal Class Environmental Assessment Document Version October 2000, as amended in 2007, for an upset limit of $39,760.00 excluding HST. MW- 2011 -50 - Assumption of Various Subdivisions. The report recommends that the City formally assume the Subdivisions listed in this report. PD- 2011 -81 - Gateway Signage for Downtown. The report recommends that Council accept the withdrawal of Lovett Signs to prepare the proposed gateway signage for Downtown and approve the second bidder, Cre 8 It Signs, to prepare the eastern gateway signs and the utilization of one or two of the extra arches for the western gateway at an upset limit of $120,000. PD- 2011 -82 - 26T -11- 2006 -02, Modification to a Draft Approved Plan of Subdivision, Kalar Road (West Side) Between McLeod Road & Brown Road. Owner: Warren Woods Land Corporation (Robert O'Dell). The report recommends the following: 1. That the Draft Approved Plan of Subdivision be modified subject to the conditions in Appendix 1 attached to this report. 2. That the Mayor or designate be authorized to sign the draft plan as "approved ". 3. That draft approval be given for three months, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the Mayor and City Clerk be authorized to execute the subdivision agreement and any required documents to allow for the future registration of the subdivision when all matters are addressed to the satisfaction of the City Solicitor. 5. That Council determine by resolution that the changes to the Draft Approved Plan of Subdivision are minor and that no further public notice is required. TS- 2011 -27 - Fraser Street„ Parking Control Review. The report recommends that this report be received for information of the Committee. TS- 2011 -42 - Fallsview Boulevard Loading /Unloading Zone. The report recommends that a Loading Zone, for commercial vehicles be established on the east side of Fallsview Boulevard from a point 25 m north of Dixon Street to a point 35 m north of Dixon Street between the hours of 6:00 a.m. - 9:00 a.m. daily. - 9 - November 14, 2011 Council Minutes ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates that the reports on the Consent Agenda be approved as recommended. Carried Unanimously * * * ** 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 -136 A by -law to amend By -law No. 79 -200, to introduce new definitions and regulatory provisions. (AM- 2011 -007) 2011 -137 A by -law to amend By -law No. 79 -200, to introduce regulatory provisions for drive - through facilities. (AM- 2011 -007) 2011 -138 A by -law to amend By -law No. 79 -200, to facilitate the redevelopment of a gas bar with car wash facilities and a convenience store and expand the range of permitted uses on the Lands. (AM- 2011 -008) 2011 -139 A by -law to authorize the execution of an Agreement with Dr. Ghazanfar Ahmed dated October 1, 2011, respecting achieving the goals of the Niagara Falls Health Professional Recruitment and Retention Task Force to recruit and retain qualified physicians for the City. 2011 -140 A by -law to authorize the execution of an Agreement with Dr. David Rosa dated October 1, 2011, respecting achieving the goals of the Niagara Falls Health Professional Recruitment and Retention Task Force to recruit and retain qualified physicians for the City. 2011 -141 A by -law to amend by -law 2011 -61, a by -law provide for citizen appointments to certain Committees. 2011 -142 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 14 day of November, 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 * * * ** ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that the meeting be adjourned at 10:00 and that Council enter into an In- Camera session to be ratified at the next Council meeting. Carried Unanimously * * * ** DEAN IORFID , CITY CLERK JAMES M. DIODATI, AYOR