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2013/11/12 NINETEENTH MEETING REGULAR COUNCIL MEETING November 12, 2013 Council met on Tuesday, November 12, 2013 at 4:30 p.m. for an In Camera session. All members of Council were present. NO. 41 - MAVES- KERRIO- THEREFORE BE IT RESOLVED THAT on November 12, 2013 at 4:30 p.m., Niagara Falls Council will go into a closed meeting, prior to their regularly scheduled meeting at 5:00 p.m. to consider a matter that falls under the subject matter of 239(2)(f) advice that is subject to solicitor-client privilege and 239(2)(e) litigation related to property at 4171 Fourth Avenue and a matter under 239(2)(c)a proposed acquisition of land related to Part of Stamford Township Lot 15 and Part of the Road Allowance between Stamford Township Lots 15 and 26, being Part 1 on 59R- 12575 (Firemen's Park Youth Activity Complex). 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 Regular Business matters in Council Chambers at 5:35 p.m. Councillor Pietrangelo 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 of October 22, 2013 be approved as recorded. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST No Disclosures REPORTS L-2013-39 - Mausoleum Development Charges The report recommends that the claim for a refund of Development Charges set out in the letter of October 3, 2013, addressed to the Chief Administrative Officer of the City of Niagara Falls made in connection with the construction of a mausoleum at 4764 Portage Road in the City of Niagara Falls, be denied. Richard Verrier,Vice President of Carrier Mausoleums Construction Inc. addressed Council. He stated that a cemetery/mausoleum constitutes a public service in the community and his client is opposed to the amount of the development charges. He knew of no other Development Charges By-law that specifically identified a mausoleum. Mr. Verrier also offered the argument that a mausoleum is more akin to an industrial use. - 2 - November 12, 2013 Council Minutes ORDERED on the motion of Councillor Morocco, seconded by Councillor loannoni that the report be approved as recommended, to deny the Development Charges appeal. Carried Unanimously * * * * * CONSENT AGENDA THE CONSENT AGENDA IS A SET OF RE PORTS 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-2013-47 -Mandatory Participation -Ontario One Call. The report recommends the following: 1. That staff be directed to complete the application to register its infrastructure with Ontario One Call "Call Before You Dig" service by June 2014, and that 2. Staff be directed to investigate and implement practices for the provision of infrastructure location services. MW-2013-53 - Emerald Ash Borer -Ash Tree Population. The report recommends the following: 1. That the City continue to communicate and work with other levels of government and agencies to monitor the spread of Emerald Ash Borer and its effect on the Ash tree population. 2. That staff be directed to include funds in the 2014 budget process to address and possibly limit the effects of Emerald Ash Borer. PBD-2013-70 -PLC-2013-009, Request for Removal of Part Lot Control, Block 83, Registered Plan 59M-388,Warren Woods Phase 1 Subdivision,Applicant:Armstrong Hunter and Associates. The report recommends the following: 1. That Council approve the request and pass the by-law included in tonight's agenda to designate Block 83 on Registered Plan 59M-388, as exempt from Part Lot Control for a period of two years; 2. That the developer be required to notify the City when the new deeds for the parcels have been registered. R& C-2013-20 - City of Niagara Falls Culture Plan. The report is recommended for the information of Council. TS-2013-44 - Ontario Avenue between Bampfield Street and Seneca Street - Parking Control Review. The report recommends that parking is restricted at all times on the west side of Ontario Avenue between a point 24 metres south of Bampfield Street and a point 74 metres south of Bampfield Street. TS-2013-46 - Lease of Space Within the Niagara Square. The report recommends the following: 1) That a temporary lease between the City and RioCan Properties be approved to facilitate a lunch space for Transit Bus Operators within the Niagara Square. 2) That the Mayor and Clerk be authorized to execute the necessary agreement. - 3 - November 12, 2013 Council Minutes TS-2013-47 - Monthly Parking Incentive - Main Street Parking Lots. The report recommends To encourage lot usage and provide lower cost parking options for patrons/employees in the Historic Drummondville Area (Main and Ferry Business District), it is recommended that the monthly permit rate of $25.00 for Municipal Parking Lots #13 and #14, be approved. ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the recommendation reports on the consent Agenda be approved. Carried Unanimously CD-2013-07- Medicinal Marihuana Program. The report recommends the following: 1. That Council endorse the staff protocol for medical marihuana operations; and 2. That Planning staff undertake a review and report back to Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the recommendation report be approved and that Council petition the Federal Government that Health Canada not issue a medicinal marihuana licences, on a given application, until the Ministry has received comments from the affected municipality, confirming that the application complies with local by-laws. Carried Unanimously F-2013-63 -MacBain Centre Renovations, Tender Award. The report recommends the following: 1. The contract be awarded to the lowest bidder Scott Construction Niagara Inc. at the lowest price of $220,000. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. Nem Kuntos, General Manager, Downtown B.I.A., outlined the B.I.A.'s concerns over the loss of service in Downtown. Those who wish to dispute parking tickets will have to travel to the MacBain Centre. ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the report be approved as recommended. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati extended condolences to former City and Regional Councillor, Douglas Mann, on the passing of his wife, Isobel Mann, and to the family of "Gimino" Cardamone, a City of Niagara Falls retiree. Thoughts and prayers go out to our local Filipino community as they reach out to loved ones in the Philippines in the wake of the typhoon. Donations are being accepted at Redcross.ca, Mennonite Central Committee, and the Filipino Canadian of Association of Niagara. Mayor Diodati advised of recent events: United Way Poor Boy Auction, Grand opening of Spoiled Homemaker, Arts and Culture Wall of Fame Induction Ceremony, 40'h Annual Mayor's Prayer Breakfast with Nik Wallenda, Niagara Concerts, Key to the City Presentation to Walter Ostanek, Volunteer Recognition Evening, Grand Opening of Its Always Christmas at the Fallsview Casino, Certificate Presentation to the Pepper Palace in the Fallsview Casino, the Light of Day Concert for Parkinson's with Rowdy Roddy Piper, Remembrance Day Services at the Gale Centre, and the Winter Festival of Lights opening ceremonies. - 4 - November 12, 2013 Council Minutes Mayor Diodati advised of upcoming events: Sleep Cheap, Tyler's Warmth, Club Italia Ladies'Auxiliary Spaghetti Dinner, the Grand Opening of Joy Vintage Emporium and the first "Walk and Talk" with the Mayor at the Paisley Janvary-Pool Trail at 10:00 a.m. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Office of the Regional Chair - correspondence in response to city report CAO-2013-06. RECOMMENDATION: For the information of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the correspondence be received and staff come back with a follow up report. Carried Unanimously 2. Town of Niagara-on-the-Lake - resolution to the Region on the Mewburn Road Bridge. Also included is the region's response to city report MW-2013-48. RECOMMENDATION: For the information of Council. ORDERED on the motion of Councillor Maves, seconded by Councillor Thomson to Receive and File. Carried Unanimously 3. City of St. Catharines - requesting support of their resolution calling on the region to fund additional downtown policing in their municipality. RECOMMENDATION: For the information of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni to receive and file the correspondence. Carried Unanimously 4. Vietnamese Boat People Memorial Monument Committee - requesting that Council consider housing a proposed monument. RECOMMENDATION: Receive and file. ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco to receive and file the correspondence. Carried Unanimously 5. 2391395 Ontario Ltd.-requesting that Council approve a municipal council support resolution, through the FIT program, for a rooftop solar facility at 8299-8251 Dock Street. RECOMMENDATION: Council approve the related resolution. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that the request be approved. Carried Unanimously PRESENTATIONS/DEPUTATIONS Niagara Falls Tourism Toni Williams, Director, Operations and Consumer Marketing and Vittoria Wikston, Director, Business Development, of Niagara Falls Tourism, updated Council on the bureau's activities. - 5 - November 12, 2013 Council Minutes Rotary Club of Niagara Falls Sunrise Scott Wright of the Rotary Club of Niagara Falls Sunrise updated Council on the future location of Ribfest and asked for relief related to the City's Noise By-law and for a resolution declaring the event of municipal significance. ORDERED on the motion of Councillor Morocco, seconded by Councillor loannoni that the requests for relief to the Noise By-law and resolution be supported. - AND- NO.42-MOROCCO-IOANNONI -Therefore be it resolved that Niagara Falls City Council considers the Rotary Club of Niagara Falls Sunrise Ribfest to be an event of municipal significance and supports the provision of a Special Occasion Liquor License(SOP)for the event. Carried Unanimously Walton Group The Mayor and Lucio Polsinelli, of the Walton Group, a real estate investment and development company with holdings in the municipality, made cheque presentations to Lyndesfarne, Habitat for Humanity and the GNGH Foundation. PLANNING MATTERS 7:00 P.M. PBD-2013-66 - AM-2013-015, Zoning By-law Amendment Application, 6693-6719 Thorold Stone Road, Applicant: Lally Homes Ltd. (John Lally), Owner: 938002 Ontario Ltd. Proposed 20 Unit, 3-Storey Apartment Building Background The Zoning By-law amendment is requested for 6693-6719 Thorold Stone Road which is a 0.25 ha (0.63 acre) site. The site is comprised of two parcels that will be merged into one. The amendment is requested to permit the construction of a 20 unit, 3 storey apartment building. A future application for condominium approval is expected should this application be approved. The existing single detached dwelling located on the east half of the site will be demolished to facilitate the project. NEIGHBOURHOOD OPEN HOUSE A Neighbourhood Open House was held on October 10, 2013 which was attended by the owner, his consulting team and neighbouring property owners. No objections were expressed. The proposed building contains one, two and three bedroom units ranging in size from 87 to 133 sq. m. Planning Analysis Provincial Policy Statement & Regional Policy Plan The application conforms to the Growth Plan and is consistent with the Provincial Policy Statement as follows: The development involves underutilized land within the urban boundary and built-up area; The development makes efficient use of existing infrastructure and municipal services; - 6 - November 12, 2013 Council Minutes • The project contributes to a better mix of housing; and • The project will support transit and commercial uses in the area Official Plan The lands are designated Residential in the City's Official Plan The land can be considered for medium to high density housing because it is located at the periphery of a residential neighbourhood with convenient access to arterial roads, public transit and in proximity to schools, parks and commercial facilities. The project has a density of 78 units per hectare; The project is compatible with the surrounding area in terms of density, height gradation, building mass, setbacks and appearance. • The proposed building will be 10m (33 ft.) in height, ( the same maximum height for a single detached dwelling and less than what was granted for a previous proposal in the early 1990's) • Most of the parking will be located in the building, reducing potential noise impacts and improving the streetscape The application conforms to the pending policies of the OPA No. 94 which identifies Thorold Stone Road as an intensification corridor for medium to high density residential development. Zoning By-law The subject lands are currently zoned Low Density, Grouped Multiple Dwellings (R4). Minor variances were previously granted in 1990 and 1991 to allow a 14 unit, 3 storey apartment building to be constructed on the lands. The zoning of the lands is requested to be changed to a Residential Apartment 5B (R5B) Density zone. The applicant has also requested several site specific amendments to the standard regulations to facilitate the project. The requested lot area reduction is considered minor as the site maintains a functional design, accommodates all the required parking and the site conforms with the intent of the Official Plan with respect to density. The reduced interior side yard setbacks can be supported. The reduction on the west side is negligible and the reduction on the east side is bounded by a parking lot for the adjacent condominium. The rear yard depth was reduced in order to accommodate a proper turning radius for garbage trucks at the front of the building. The reduced rear yard depth can be supported since the proposed height of the building is comparable to that of a single detached dwelling which typically requires a rear yard setback of 7.5 m. The proposed building backs onto a townhouse development which is considered a compatible land use to a low-rise apartment building. The reduction of the minimum landscaped open space is considered minor. The amount of landscaping has had to be adjusted to accommodate required parking. The increased lot coverage can be supported since the proposed building maintains adequate setbacks from all property lines and there remains adequate landscaped open space. SITE PLAN/PLAN OF CONDOMINIUM Site Plan and Condominium applications will be required prior to development and the sale of individual units. - 7 - November 12, 2013 Council Minutes Matters to be addressed as part of the development approval process include. • Landscaping and parkland dedication • Garbage truck movements on-site • Building Code conformity • Potential noise mitigation measures Conclusion The zoning amendment can be supported because: • The proposal conforms with the City's Official Plan and pending OPA No. 94 which directs the location of medium/high density, low rise housing to the periphery of residential neighbourhoods; and • The height, setbacks and overall design are compatible with the surrounding housing and will support nearby commercial development Recommendation That Council approve the Zoning By-law amendment application to permit the construction of a 20 unit, 3 storey apartment building on the lands The Public Meeting is Closed. ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson that the report be approved as recommended. Carried Unanimously RESOLUTIONS NO. 43 - PIETRANGELO - MAVES - THEREFORE BE IT RESOLVED that Council of the city of Niagara Falls supports the construction and operation of the Project (rooftop solar panels) on the Lands (8299-8251 Dock Street) Carried Unanimously * * * * * BY-LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates that the by-laws be given a first reading. Carried Unanimously 2013-161 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. 2013-162 A by-law to authorize the execution of an Extension Agreement with Norm Armitage Receiver/Manager respecting a tax obligation. 2013-163 A by-law to designate Block 83, Registered Plan 59M-388, not be subject to part-lot control (PLC-2013-009). 2013-164 A by-law to authorize the execution of a license agreement with the Regional Municipality of Niagara ( the "Region") to allow the Corporation of the City of Niagara Falls (the "City") to construct a Combined Sewer Overflow Tank (CSO) on easement lands of the Region. 2013-165 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 12th day of November, 2013. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates that the by-laws be given a second and third reading. Carried Unanimously - 8 - November 12, 2013 Council Minutes NEW BUSINESS EpiPen ORDERED on the motion of Councilor loannoni, seconded by Councillor Thomson that staff investigates the Hamilton By-law that requires restaurants to have EpiPens. Carried Unanimously Police Headquarters ORDERED on the motion of Councillor Kerrio, seconded by Councillor Gates that Council directs the Mayor to engage Carillion Canada, the general contractor awarded the Police headquarter/ District 2 project, to obtain a full understanding of the procurement process which Carillion follows to source labor and materials for the said project with the intent to maximize opportunities for local subcontractors/ suppliers to participate. Carried Unanimously Minor Hockey ORDERED on the motion of Councillor Kerrio, seconded by Councillor Wing that staff investigate a minor sports ombudsman and report back to Council. Carried Unanimously Councillor Gates exited the meeting 8:25 p.m. * * * * * ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes that the meeting be adjourned at 8:35 p.m. Carried Unanimously DEAN IORFIDA; CITY CLERK JAMES M. DIODATI,'MAYOR