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2012/06/12NINTH MEETING REGULAR COUNCIL MEETING June 12, 2012 Council met on Monday, June 12, 2012 at 5:45 p.m. in a Committee of the Whole meeting. All members of Council were present.. Council met for the purpose of considering Regular Business matters in Council Chambers at 6:45 p.m. All members of Council were present. Councillor Mayes offered the Opening Prayer. ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Morocco, seconded by Councillor Gates that the minutes be approved, as amended. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Kerrio indicated a conflict to report R &C- 2012 -16, as his hotel was the host hotel last year and will possibly be bidding for the upcoming year's tournament. Councillor Wing indicated a conflict to By -law 2012 -42, as she has a close business relationship with the Director of the organization and her husband provides volunteer service with the organization. PRESENTATIONS/ DEPUTATIONS Mayor's Youth Advisory Committee Co- Chairs, Connor Bitter and Andrea Wurster outlined the Committee's activities over the school year. The Big Move Cancer Ride Sandra Sabo, Chief Operating Officer and Norm Cavasin, Big Move Cancer Ride Hero outlined the upcoming event and encouraged everyone to participate. ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that posters of the event be placed in all City facilities and the City's website and that Council and staff investigate the possibility of a team for the event. Carried Unanimously PLANNING MATTERS PD- 2012 -33 -AM- 2012 -004, Zoning By -law Amendment Application, 5056 Montrose Road, Applicant: Angelo Marino, Agent: Michael Allen, Allen & Chui Architects Retail (Convenience) Store The Director of Planning reviewed the recommendations and provided the following information. - 2 Council Minutes June 12, 2012 Background A Zoning By -law amendment is requested for a 1,395 sq m (0.34 ac) parcel of land at 5056 Montrose Rd. to permit a convenience store on the site on a permanent basis. A convenience store has been permitted on the property for six years through two temporary use by -laws. Land is zoned Light Industrial (LI -771) with site specific provisions that permit two residential dwellings on the second floor of the existing building in addition to the standard LI uses. The applicant is requesting new site specific LI zone for the property that will add a convenience store to the list of permitted uses and carry forward the existing site specific regulations that will allow the dwelling units and the existing site conditions. NEIGHBOURHOOD OPEN HOUSE Held on May 9, 2012 No neighbours attended to hear about the proposal or to ask questions. Planning Analysis Official Plan Designated Industrial Variety of ancillary uses including convenience stores can be considered where they are incidental to and would primarily serve the industrial district. Not to serve as significant commercial function nor compete with planned commercial facilities. Convenience store was permitted by by -laws passed under the Temporary use policies of OP. This provided convenience store facilities to the surrounding industrial area and allowed time to see if it had an impact on the neighbourhood plaza's development. Given the small scale (140 sq m or 1500 sq ft) of the convenience store it is not expected to compete with the planned commercial facilities. First phase of the neighbourhood commercial development across the street has been built and operating for several years without any apparent impact from the subject store. Convenience store is easily accessed from surrounding industrial properties Residential units pose no compatibility issues with surrounding industrial and residential properties. Zoning Existing site specific LI -771 zoning of the property is proposed to be replaced by a new site specific LI zone which will add a convenience store as a permitted use. To ensure the retail store does not impact on planned commercial facilities in the City, it should be limited in size to 140 sq m (1500 sq ft) Applicant has also requested site specific modifications to the LI regulations including the following reductions: ► in the required lot area from 2000 sq m to 1300 sq m ► in the required lot frontage from 30m to 21m; and ► Rear yard depth for an accessory garage from 7.5m to 1.8m. - 3 - Council Minutes June 12, 2012 Applicant also wishes to retain the zoning regulations which permitted: ► two second floor dwelling units • a side yard width of 3.3m; • Elimination of requirement for front yard landscaping (but does require 20% of lot to be landscaped) The requests recognize existing situations and site specific zoning that is acceptable. Conclusion The applicant has requested a zoning amendment to permanently add a convenience store to the list of permitted uses on the property. The use has been through temporary use by- laws since 2006 which expired in April. The amendment can be supported because: ► The Official Pan permits ancillary uses, such as convenience stores, in industrial designated areas to serve industries and their personnel; and ► The convenience store has existed for six years without a negative impact on the planned neighbourhood commercial facilities on the opposite side of Montrose Rd. Recommendation: That Council approve the Zoning By -law amendment application to permit a convenience store on the property on a permanent basis. Michael Allen, agent for the applicant, indicated that the application is straight forward. The convenience store has existed for six years under temporary zoning by -laws and has met all its conditions. The Public Meeting was Closed. ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson that the report be approved as recommended. Carried Unanimously DEVELOPMENT CHARGES MATTERS MW- 2012 -29 - Peer Review of Development Charges Background Study and Policies The report recommends that Council direct staff to incorporate the findings and recommendations of the Peer Review of Development Charges Background Study and Policies (May 2012) in the next update of the City's Development Charges By -law. Craig Binning, from Hemson Consulting made a presentation to Council, outlining the Peer Review of Development Charges Study and Policies. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that the report be approved as recommended. Carried Unanimously - 4 - Council Minutes June 12, 2012 MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati recognized Chief Lee Smith and the emergency crews of Niagara Falls Faire Department for their rescue efforts on May 21 when they saved a man who made an attempt to take his life. Mayor Diodati advised of recent events: Niagara Week, the WEGO transportation system received a March of Dimes Accessible Niagara Award, the Annual Ching Ming Festival, the Organ Donor- Torch Relay of life, the Schools in Bloom Recognition Achievement Awards, the Italian Heritage Month festivities, International Women's Half Marathon; Springlicious on Queen Street, FCM Conference, the Mayor's Disability Advisory Committee BBQ, the ribbon cutting Underground Infrastructure Research International Conference and Trenchless Technology Road Show, Pathstone Foundation 2012 Hope Awards, including an award presented to Maurice Gomme, the Niagara Falls Lions Club celebrating their 90th Charter Anniversary, Project SHARE Women Who Cares and the grand opening of Brink Studio's. Mayor Diodati advised of some upcoming events: Nik Wallenda's walk and the Canada Day celebrations. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Director of Transportation Services - recommending that the proposed 2012 fare adjustments, approved as per TS- 2011 -18, be deferred until such time as the route enhancements are programmed into the budget cycle. RECOMMENDATION: For the approval of Council. ORDERED on the motion Councillor Thomson, seconded by Councillor Kerrio that the request be approved. Carried Unanimously 2. Serbian Club - requesting that July 10th be proclaimed as "Nikola Tesla Day" in the City of Niagara Falls. RECOMMENDATION: For the approval of Council. ORDERED on the motion Councillor Pietrangelo, seconded by Councillor Maves that the request be approved. Carried Unanimously 3. Royal Canadian Legion Branch 51 - requesting a grant equal to the costs associated with the road closure for the annual 40 & 8 Pilgrimage. RECOMMENDATION: For the consideration of Council. ORDERED on the motion Councillor Pietrangelo, seconded by Councillor Thomson that the request be approved. Carried Unanimously 4. Niagara Parks Commission - Request for 2012 Fireworks RECOMMENDATION: For the Approval of Council ORDERED on the motion Councillor Thomson, seconded by Councillor Pietrangelo that the request be approved. Carried Unanimously - 5 - Council Minutes June 12, 2012 5. Fallsview Market - Request for loading permit for 15 minutes at restricted hours. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that staff work with the owner to allow a loading permit on a trial basis for one year. Carried Unanimously REPORTS RATIFICATION OF COMMITTEE OF THE WHOLE RECOMMENDATIONS ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes that the actions taken in the Committee of the Whole meeting, June 12, 2012 be approved. Carried Unanimously 1) The Committee of the Whole minutes of the May 29, 2012 be approved. 2) REPORTS: a) That staff investigate sound mitigation for the Portage Road speed hump. b) CD- 2012 -06 Requests Related to the Niagara Falls Armoury That Council adhere to its 2010 decision requiring a review of the long term viability of the Niagara Military Museum (NMM) at the end of their lease (March 31, 2013); and That the unsolicited proposal by the Niagara Veterans Association (NVA) be received by Council; and That staff work with the two organizations be directed to come up with an amicable arrangement. 3) NEW BUSINESS a) That Council support the Main and Ferry BIA sign request to the Region. * * * ** 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- 2012 -28 - Low - Income Seniors' Water and Property Tax Rebate. The report is recommended for the information of Council. F- 2012 -29 - 2011 Sleep Cheap Event. The report recommends that Council approve the payments to the various recipients of this years Sleep Cheap event. MW- 2012 -11 - Sewer Lateral Maintenance Services, Customer Service Improvements. The report recommends that Council authorize staff to proceed with the proposed level of service changes to the Sewer Lateral Maintenance Program and that the Schedule of Fees For Services be amended to reflect the reduced service charge for private sewer lateral cleaning accordingly. - 6 - Council Minutes June 12, 2012 PD- 2012 -32 - PLC - 2012 -002, Request for Removal of Part Lot Control, Lots 2,4,8,9,12,13,16,18,27,28,29 and Block 37, Plan 59M -340. garner Village Subdivision, Owner: Mountainview Homes. The report recommends the following: 1. That Council approve the request and pass the by -law included in tonight's agenda to designate Lots 2, 4, 8, 9, 12, 13, 16, 18, 27, 28, 29 and Block 37 of Plan 59M- 340, as exempt from Part Lot Control for a period of three years. 2. That the owner be requested to notify the City when the separate deeds have been registered. PD- 2012 -34- Telecommunication Facility Consultation, 7089 Reixinger Road. Summit Telecom Services on behalf of Turris Sites Inc. For Wind Mobile. The report recommends that Industry Canada be advised that the City of Niagara Falls has no objection to the construction of a 40 metre (131 ft.) tall tripole structure within a 10m by 10m fenced compound on the lands at 7089 Reixinger Road, Niagara Falls provided that berms and appropriate landscaping is added along Reixinger Road and the easterly property line. PD- 2012 -35 - Matters Arising from Municipal Heritage Committee 2012 Designated Property Grant Applications. The report recommends: That Council approve the alteration /restoration projects and grants for the following designated properties: (a) James Oswald House, 2922 St. Paul Avenue, owners Steven Bailey and David Fotheringham, for the cost of restoration of the stone wall with iron fence and gate. (b) Doran /Marshall /Burke House, 4851 River Road, owners Gary and Carolyn Burke, for the cost of repointing work on the carriage house. R &C- 2012 -16 - Clarkson Cup. The report recommends that staff coordinate with the Canadian Women's Hockey League to host the 2013 Clarkson Cup event throughout the Niagara Region including Niagara Falls, Port Colborne St. Catharines and other interested communities March 20 to 24, 2013. TS- 2012 -26 - Hamilton Street at Sixth Avenue - Intersection Control Review. The report recommends that a stop sign be installed at the intersection of Hamilton Street at Sixth Avenue facing westbound motorists on Hamilton Street. ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the reports on the Consent Agenda be approved as recommended. Carried Unanimously with Councillor Kerrio indicating a pecuniary interest with R &C 2012 -16. R &C- 2012 -10 - Arts & Culture Wall of Fame Induction Criteria The report recommends that Council approve the proposed Arts & Culture Wall of Fame Induction Criteria and Policy amendments. ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that the report be approved with amendments to the policy to not limit the number of automatic inductees who meet the criteria and to have conflict of interest provisions. Carried Unanimously -7 PROPERTY MATTERS Council Minutes June 12, 2012 2012 -40 A by -law to execute a lease between the Corporation of the City of Niagara Falls and Marineland of Canada Inc. for the specified area. Brian Calvert, Fenwick, indicated that the gravel shoulder in front of Marineland should be paved for vehicle and pedestrian safety and the lease was an attempt to prevent peaceful protest. Gillian Ditillio, St. Catharines, a protester for over 20 years at Marineland. She felt Council should defer a decision, outlined past incidents on the property and questioned who would control utilities on the leased land. Lauren Carman, St. Catharines, a professor at Brock in Animal law issues questioned the rationale for the lease. Brian Topolinsky, a Niagara Falls resident, felt the proposal opens a can of worms. He indicated that a licence would be sufficient to allow for the proposed beautification, which he questioned. Tom Richardson, agent for the applicant, acting on behalf of Marineland, indicated that the purpose of the proposed lease is for beautification purposes only. He did point out traffic and safety issues at the entrance. He emphasized that the lease would be for a three year term with the provision for renewal after the lease if the Corporation so wished. He indicated that such leases of the public realm are not out of the ordinary in municipalities. Mr. Richardson clarified that the leases land encompasses only 256 metres out of 1.5km of frontage along Portage Road. Access to utilities would not be affected. Finally, Mr. Richardson pointed out that the Council has not jurisdiction into Marineland's practices and this was not relevant to the request. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that a by -law to execute a lease between the Corporation of the City of Niagara Falls and Marineland of Canada Inc. for the specified area. Councillor Wing Councillor Thomson Councillor loannoni Councillor Morocco Councillor Mayes NAYE AYE AYE AYE AYE Councillor Kerrio Councillor Gates Councillor Pietrangelo Mayor Diodati BY -LAWS AYE NAYE AYE AYE Motion Carried ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates that the by -laws be given a first reading. Motion Carried with Councillors Wing and Gates opposed to 2012 -40 and Councillor Wing indicating a conflict with 2012 -42 2012 -40 A by -law to execute a lease between the Corporation of the City of Niagara Falls and Marineland of Canada Inc. for the specified area. 2012 -41 A by -law to designate Lots 2, 4, 8, 9, 12, 13, 16, 18, 27, 28, 29 and Block 37 of Registered Plan 59M -340, not be subject to part-lot control. (PLC -2012- 002) 2012 -42 A by -law to amend By -law No. 2005 -198, which amended By -law No. 79- 200, to permit a larger multi - purpose building within the first phase of a resort commercial development and to adjust the landscaping and holding regulations. 2012 -43 - 8 - Council Minutes June 12, 2012 A by -law to amend By -law No. 2007 -161, being a by -law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of water rates. 2012 -44 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 2012 -45 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 12th day of June, 2012. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the by -laws be read a second and third time and passed. Motion Carried with Councillors Wing and Gates opposed to 2012 -40 and Councillor Wing indicating a conflict with 2012 -42 NEW BUSINESS Derelict Buildings ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that staff report back on the assessment policies related to derelict, vacant buildings. Carried Unanimously Falls Shuttle ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that Ross Barr be permitted to speak. Carried Unanimously Ross Barr, Lundy's Lane BIA, requested that the bus service be reinstated for evenings and weekends. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni to reinstate the service and implement the times. Monday- Thursday until 11 p.m. until the end of the month and Friday- Sunday until 1 a.m. and that 7 days a week until 1 a.m. after the last weekend in June. Carried Unanimously Real Estate ORDERED on the motion of Councillor Gates, seconded by Councillor Pietrangelo that staff bring back a report on the City's land transaction practices and policies. Carried Unanimously - 9 - Council Minutes June 12, 2012 ORDERED on the motion of Councillor Mayes, seconded by Councillor Morocco that the meeting be adjourned at 9:30 p.m. DEAN IORFIDA, CITY CLERK Carried Unanimously 1„.....,c/.# JAMES M. DIODATI, MAYOR