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2013/04/23 SEVENTH MEETING REGULAR COUNCIL MEETING April 23, 2013 Council met on Tuesday, April 23, 2013 at 4:00 p.m. for an In Camera session. All members of Council were present. NO. 19 - IOANNONI -MOROCCO - THEREFORE BE IT RESOLVED THAT on April 23, 2013 Niagara Falls Council will go into a closed meeting to consider a matter that falls under the subject matter of 239(2)(f), solicitor-client advice, and 239(2)(c), a proposed acquisition or disposition of land related to 6570, 6611-6651 Frederica Street , and a matter that falls under the subject matter 239(2)(f), solicitor-client advice, related to the proposed bus maintenance and storage facility. Carried Unanimously Following consideration of the items presented, the In Camera Session did not rise and report in open session. Council met for the purpose of considering Budget Matters in Council Chambers at 5:35 p.m. followed by the Regular Business matters at 7:00 p.m. Councillor loannoni offered the Opening Prayer. All members of Council were present. ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that the minutes be approved as printed. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor loannoni indicated an indirect pecuniary interest to cheque no. 362864, made payable to her spouse. Councillor Wing indicated an indirect pecuniary interest to cheque numbers 362285 and 362942, made payable to her husband's employer and report MW-2013-07, as her husband has a contract with the abutting property owner. She also declared a conflict on the New Business item related to the OMB as she has an appeal before the Board. Councillor Morocco indicated an indirect pecuniary interest to cheque no. 362552, made payable to her spouse. Councillor Kerrio declared a conflict to report MW-2013-13, as it affects an abutting property owner. Councillor Thomson indicated a conflict to report MW-2013-13, as he is employed by an abutting property owner. Mayor Diodati indicated a pecuniary interest to cheque numbers 362157,362335 and 362835 made payable to himself. - 2 - April 23, 2013 Council Minutes * * * * * UNFINISHED BUSINESS 5:00 - 7:00 P.M. TS-2013-17,WEGO Operations,Maintenance and Storage Facility Request for Tender RFT04-2013 - Construction The report recommends the following: 1. That Council award the contract for the construction of the Bus Maintenance and Storage Facility to Acquicon Construction Co. Ltd in accordance with RFT4-2013. 2. That the Mayor and City Clerk be authorized to execute the agreement between the City and Acquicon Construction. ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the report be approved as recommended. Motion Carried with Councillors Gates and Kerrio opposed. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Niagara District Airport Commission- Council consider filling the vacancy on the Commission. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Morocco, seconded by Councillor Pietrangelo that after completion of an open ballot vote that John Ventresca be appointed to fill the vacancy on the Niagara District Airport Commission. Motion Carried with Councillor Wing opposed. * * * * MW-2013-13 - Forestry Policies and Procedures The report recommends the following: 1. That Council approve the following Forestry policies; a) Installation and Removal of Public Trees within City Road Allowances (314.01) b) Maintenance of Street Trees Less Than 50% on City Property (314.02) c) Pest in City Trees (314.03) d) Street Trees in New Subdivisions (314.04) e) Tree Trimming and Root Tracing (314.05) f) Tree Sculptures on City Road Allowance (314.06); and 2. That Council discontinue the current policy (for housekeeping purposes) entitled "Removal of Dead Trees within City Road Allowances"(315.20) as it is incorporated into the new policies; and 3. That Council approve the minor amendments to the City's Municipal Property Tree By-law 2004-173 as described in this report. ORDERED on the motion of Councillor Morocco, seconded by Councillor Kerrio that the report be approved as recommended. Carried Unanimously - 3 - April 23, 2013 Council Minutes MW-2013-07 - Tree Trimming and Shrub Removal on Portage Road. The report recommends that Council approve the request to extend the current work area for tree trimming and shrub removal as outlined in this report. ORDERED on the motion of Councillor loannoni, seconded by Councillor Maves that the report be approved. Carried Unanimously with Councillors Kerrio, Thomson and Wing declaring a conflicts. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates that staff develop a landscape, pedestrian and safety masterplan for the associated area in coordination with the Niagara Parks Commission. Carried Unanimously Councillor Pietrangelo left the meeting for the evening, 6:05 p.m. R&C-2013-08 - Athletic Field Allocation Policy The report recommends that Council approve the attached Athletic Field Allocation Policy effective May 1, 2013. ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves that the report be approved as recommended. Carried Unanimously * * * * * PD-2013-33-26CD-11-2013-002,Draft Plan of Condominium(Standard),5547 Portage Road. Owners: B&A Rental Properties (2007) Inc. Agent: Rocco Vacca. Proposed 3 Unit Commercial Condominium. The report recommends the following: 1. That the Plan of Condominium be draft approved subject to the conditions in the attached Appendix. 2. 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. 3. 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. 4. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the Condominium when all matters are addressed to the satisfaction of the City Solicitor. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Thomson that the report be approved as recommended. Carried Unanimously - 4 - April 23, 2013 Council Minutes MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati extended condolences to the family of Gordon Counsel, a past member of the Niagara Falls Transit Commission and long-time photographer for the NF Review. Mayor Diodati advised of the upcoming events: Ontario District Barbershop Quartet Competition, the Sikh Celebration of Baisakhi, the Regional Chair's State of the Region Address, Earth Day, the 10th Annual Bishop's Gala, CBC news personality Amanda Lange at the "Women in Leadership" Conference, the Bantam "A" Championship Hockey Tournament NFMHA, the Comedy Show at the SCCC featuring Godfrey, Snow Buddie Volunteer Appreciation, a visit from the President of Macedonia, George Ivanov, Habitat for Humanity Wood Signing Ceremony. Mayor Diodati advised of upcoming events: Soppresatta Night, Arbour Day, Coronation Centre Annual Volunteer Recognition Event, Bethesda's 14th Annual Dinner Auction at Club Italia, the Caverners at Greg Frewin Theatre, National Pay it Forward Day, the Ride of Silence, the Niagara Food and Wine Expo and the City Rain Barrel Sale. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 2. St. Paul High School - Requesting for extension of the Noise By-law RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that the request be approved as recommended. Carried Unanimously 3. DWQMS Coordinator - Requesting that May 5 - 11, 2013 be proclaimed as Drinking Water Week. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the request 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. R&C-2013-05 - Downtown Park Naming Request, "Rosberg Family Park". The report recommends the following: 1. That Council approve the request to name the downtown park located at 4284 Queen Street, the corner of Queen Street and Erie Avenue, "Rosberg Family Park" in recognition of the Rosberg family's contribution to this community throughout 72 years of operating a department store on Queen Street. 2. That Council approve revising the Naming and Renaming Parks Policy Procedures to include , "When appropriate, staff will approach the nominee to request a donation for the park." Don Carell, on behalf of the Rosberg family, acknowledged the great honour for his family and thanked Council for their support. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the report be approved as recommended. Carried Unanimously - 5 - April 23, 2013 Council Minutes F-2013-26 - Cancellation, Reduction or Refund of Taxes. The report recommends that Council approve the cancellation, reduction or refund of taxes on the various accounts per the attached summary and granted to the property owners listed. F-2013-27 - Monthly Tax Receivables Report (March). The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F-2013-28 - Municipal Accounts. The report recommends that Council approve the municipal accounts totalling $44,074,350.79 for the period February 21, 2013 to April 3, 2013. MW-2013-18 - Niagara Tunnel Project Piezometer Well Easement Agreement - Ontario Power Generation Inc. The report recommends that the Mayor and Clerk be authorized to execute an Easement Agreement with Ontario Power Generation Inc. to access a piezometer well located and constructed on the former railway lands west of Portage Road in conjunction with the Niagara Tunnel Project. MW-2013-19-Tender RFT05-2013 for Primary and Secondary Contractors for Supply, Service and Repair of Sanitary Sewer Mains, Storm Sewers, Sewer Lateral. The report recommends that Council award contracts for 2013-2015, to: 1. Alfidome as the primary contractor, and 2. O'Hara as the secondary contractor, and that: 3. The Mayor and Clerk be authorized to execute the necessary agreements. MW-2013-20 - "The Townes" Vacant Land Condominium, Condominium Agreement Amendment - Revised Phase 4 Limits. The report recommends that Council agree to amend the existing Vacant Land Condominium Agreement to reflect Units proposed to be removed from the 4th Phase of the Development, creating an additional Phase for the remaining Units (Phase 5). TS-2013-09 - Queen Street at Erie Avenue Intersection Control Review. The report recommends that an all-way stop control is installed at the intersection of Queen Street and Erie Avenue. TS-2013-18 - Victoria Avenue at Walnut Street Turn Prohibitions. The report recommends that turn prohibitions be established at the intersection of Victoria Avenue and Walnut Street. TS-2013-19 - Ontario Avenue between Huron Street and Queen Street Parking Restriction. The report recommends that parking be restricted at all times on the west side of Ontario Avenue 20m north of Huron Street to a point 55m north of Huron Street. TS-2013-22 - Niagara College Summer Bus Service Extension. The report recommends the following: 1. That Niagara Falls Transit services be provided fare free to Niagara College students residing within the City of Niagara Falls from May 1, 2013 through August 31, 2013 in return for $8,752.00 from the Niagara College Student Administrative Council. 2. The Mayor and Clerk be authorized to execute the necessary agreements. TS-2013-24 - WEGO Smart Card RFQ. The report recommends the following: 1. That Smart Card World be awarded the contract to provide the WEGO system with smart cards, and 2. That the Mayor and City Clerk be authorized to execute the necessary agreements. - 6 - April 23, 2013 Council Minutes ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes that the remaining reports on the consent agenda be approved as recommended. Carried Unanimously RESOLUTIONS NO. 20 - THOMSON - IOANNONI - THEREFORE BE IT RESOLVED: (1) 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 (2) The Staff of the City of Niagara Falls are hereby directed to take whatever action is required to prepare, present and argue the City's case with respect to the assessment of the properties listed in Schedule "A" as attached to this Resolution of Council before the Assessment Review Board, including, without limiting the generality of the foregoing,the retention of legal counsel and qualified experts in the appraisal of real property. Carried Unanimously * * * * * PLANNING MATTERS Public Meeting PBD-2013-32 - AM-2013- 004, Zoning By-law Amendment Application, 7021 Stanley Avenue, Owners: The Monastery of Mount Carmel. Agent: Ed Lustig. Proposed Vineyard, Winery and Retail Store The Director of Planning, Building & Development reviewed the recommendations and provided the following information. Background Applicant has applied for a Zoning By-law amendment to establish a vineyard, winery and retail store as a secondary use to a religious institution. Zoning of the subject lands will be site specific to include the new uses. Vineyard would be 2 ha (5 ac), the maximum floor area for the winery would be 186 sq m (2000 sq ft) and the maximum floor area of the retail wine outlet would be 93 sq m (1000 sq ft). Winery and retail store are to be located in the north end of the monastery building. The retail store will be on the main floor, while the winery will be in the basement. There will be no expansion of the existing monastery building. The proposed winery will operate in partnership with Reif Estate Winery. The applicant has determined that wind machines, bird bangers and extensive spraying will not be required for this site. Harvesting of the grapes will require no more than 3 hours by machine, once per year. At the Neighbourhood Open House held on March 21, 2013, there was one resident in attendance who had no objections to the application. Planning Analysis Official Plan The Monastery of Mount Carmel is an existing institutional use within the Fallsview Subdistrict of the Central Tourist District. - 7 - April 23, 2013 Council Minutes The proposed application conforms to the City's Official Plan as follows: • Located within the Fallsview Tourist Subdistrict, which is the primary location for large-scale accommodations, entertainment, retail and cultural attractions. • Of a scale that will not adversely affect the nearby residential properties on the west side of Stanley Avenue and Roger Crescent, and • Will create a unique tourist attraction that will compliment and enhance the tourist subdistrict. Zoning By-law The subject land is currently zoned Institutional (I). The main use of the property will remain institutional. Site specific regulations are requested to be added to the lands to add a vineyard, winery and retail store as secondary uses to a religious institution. Provincial requirements are that a winery and store must be associated with a vineyard on the lands. The applicant proposes maximum floor areas for winery (186 sq m or 2000 sq ft) and retail store (93 sq m or 1000 sq ft) to ensure the proposed uses remain secondary to the religious institution. Sufficient parking to accommodate the proposed uses is available on site. The vineyard is relatively small in scale and is the minimum size needed to support a winery. The vineyard will also serve as an educational opportunity for viniculture within the tourist area. Conclusion The applicant has applied for a Zoning By-law amendment to establish a vineyard, winery and retail store as secondary uses to a religious institution (the Monastery of Mount Carmel). The application can be supported because: • The proposed vineyard and winery conforms with the City's Official Plan being located within the Fallsview Tourist Subdistrict. • The vineyard and winery are of a scale that will not adversely affect the nearby residential properties on the west side of Stanley Avenue and Roger Crescent. • The proposed vineyard and winery will create a unique tourist attraction that will compliment and enhance the tourist subdistrict;' and • The sizes of the proposed winery and retail store are secondary to the religious institution on the property. Recommendation That Council approve the Zoning By-law amendment application to permit the establishment of a vineyard, winery and retail store as secondary uses to a religious institution. Ed Lustig, agent for the applicant, indicated that the purpose of the application was to provide a modest revenue stream for the Carmelites, who have been in the community for 131 years. The Public Meeting was Closed. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Thomson that the report be approved as recommended. Carried Unanimously. - 8 - April 23, 2013 Council Minutes PBD-2013-34 -AM-2013-002 -Zoning By-law Amendment Application, 5459 Ontario Avenue. Applicant: Jose an Gloria Fernandez. Agent: Osama Abo Nassar,Architect. Conversion of Existing Dwelling into a 4-Unit Apartment building. The Director of Planning, Building & Development reviewed the recommendations and provided the following information. Background A Zoning By-law amendment is requested for a parcel of land at 5459 Ontario Avenue which contains an older large dwelling which was used previously as an illegal rooming house. The amendment is requested to permit this dwelling to be converted into a 4 unit apartment building. Land is zoned Residential Single Family and Two Family (R2-2) and is requested to be changed to Residential Apartment 5B Density (R5B) with site specific lot frontage, front yard depth, side yard width and landscaped open space regulations to recognize the existing situation and permit a minor expansion of the parking area in the rear yard for an additional parking space. Neighbourhood Open House Held on March 20, 2013 Three neighbours attended and expressed the following comments: • A number of apartment buildings in the neighbourhood and there was concern about additional tenants; • The previous rooming house concerns were about disruptive behaviour by tenants, police calls and property standard deficiencies with respect to garbage on property. • New owners of property have cleaned up the property, taken care of garbage and evicted problem tenants. • The expectation is that each proposed dwelling unit will be occupied by one or two people and expect a lower occupancy than when it was a rooming house; Planning Analysis Provincial Policy Statement & Growth Plan Proposal satisfies the Provincial Policy statement by intensifying the use of a large residential building into apartments. Official Plan Property is located in an area designated Residential in the City's Official Plan. These areas are intended to be developed with a variety of dwelling types Current policies allow apartments up to 3 to 4 storeys in height and a density of 75 units/ha to be developed at the periphery of residential neighbourhoods with convenient access to the arterial road system and generally in close proximity to schools, parks, open space and commercial areas. The proposal complies with the Official Plan as follows: • The density of the apartment building is 69 units/ha; the subject site is located at the periphery of the neighbourhood with convenient access to River Road and a 4 unit apartment building is not expected to generate a significant amount of traffic. • The site is located within walking distance of the Minor Commercial district along Victoria Avenue and the Central Tourist district to the south, offering convenient access to shopping and providing convenient housing opportunities for employees in both districts, The site abuts the Olympic Legacy Trail. • The surrounding land uses are a compatible mix of single and semi-detached dwellings, small scale apartment buildings and bed and breakfast establishments. - 9 - April 23, 2013 Council Minutes The proposed small scale apartment building would be consistent with the neighbourhood mix. As the existing building is compatible with the adjacent buildings in terms of massing, setbacks, building height and appearance, its conversion into a 4 unit apartment building is not expected to have a higher occupancy than the previous rooming house use and its renovation is beneficial to the neighbourhood. Osama Abo Nassar, architect, indicated that the property is big enough to accommodate the parking and that the driveway will be improved. 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 • f x • x BY-LAWS ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the by-laws be given a first reading. Carried Unanimously 2013-64 A by-law to temporarily remove the public right of passage over a highway. 2013-65 A by-law to establish Part 4 on Reference Plan 59R-14430 as a public highway, to be known as and to form part of Frederica Street. 2013-66 A by-law to amend a Vacant Land Condominium Agreement dated August 1, 2008, between 1736194 Ontario Limited and the City. 2013-67 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (No Standing) 2013-68 A by-law to authorize the execution of an Easement Agreement with Ontario Power Generation Inc. respecting access rights to a piezometer well associated with the Niagara Tunnel and designated as Part 1 on Reference Plan 59R-14809. 2013-69 A by-law to amend By-law No. 2004-173, being a by-law to prohibit or regulate the destruction, injury and planting of trees on municipal property within the City of Niagara Falls. 2013-70 A by-law to authorize the payment of $44,074,350.79 for General Purposes. 2013-71 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 23rd day of April, 2013. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the by-laws be given a second and third reading. Carried Unanimously NEW BUSINESS Don Johnson Park ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that staff meet with Don Johnson regarding the drainage issues at Don Johnson Park Carried Unanimously - 10 - April 23, 2013 Council Minutes Bukator Park ORDERED on the motion of Councillor Morocco, seconded by Councillor Gates that staff report back on the issues surrounding Bukator Park. Carried Unanimously OMB ORDERED on the motion of Councillor Kerrio, seconded by Councillor Gates that staff prepare a resolution to go to the Council to eliminate frivolous appellants at the Ontario Municipal Board. Carried Unanimously with Councillor Wing declaring a conflict. ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves that the meeting be adjourned at 7:50 p.m. Carried Unanimously t5P-Atur DEAN IORFI A, CITY CLERK JAMES M. DIODATI, M YOR