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2009/04/20Committee Room 2 April 20, 2009 Council met on Monday, April 20, 2009 at 6:15 p.m. in an In Camera Session. All members of Council except Councillor Wing were present. Councillor Pietrangelo presided as Chairman. Following consideration of the items presented, the In Camera Session did rise and report in open session. DEAN Council met on Monday, April 20, 2009 at 7:05 p.m. for the purpose of considering Regular Business matters. All members of Council except Councillor Wing were present. Councillor Diodati offered the Opening Prayer. Background SEVENTH MEETING IN CAMERA MEETING , CITY' CLERK R.T. (TED) SALCI, MAYOR REGULAR COUNCIL MEETING DISCLOSURES OF PECUNIARY INTEREST Councillor Pietrangelo indicated a conflict to report PRC- 2009 -22 and F- 2009 -19, a wire transfer to the Niagara Catholic District School Board, his employer. Councillor Mayes indicated a pecuniary interest to cheque no. 327636, his employer. Mayor Salci indicated a pecuniary interest to cheque numbers 327596, 327709 made payable to himself. PLANNING MATTERS PD- 2009 -33 - AM- 2009 -005, Zoning By -law Amendment Application, 5195 Magdalen Street and 5781 Ellen Avenue, Applicant: 1184485 Ontario Inc. (Ashak Merani), Agent: Michael D. Allen, Separate the Stirling Inn Property ( 5195 Magdalen Street) from the Greg Frewin Theatre Property ( 5781 Ellen Avenue). The Director of Planning and Development reviewed the recommendations and provided the following information. The applicant has requested an amendment to the Zoning By -law to allow the severance of the two developments located at 5195 Magdalen Ave and 5781 Ellen Ave. The land is currently zoned Tourist Commercial (TC) with site specific regulations that permit the existing developments, but require the lands to be maintained as one property. April 20, 2009 Council Minutes The owner now wishes to sever the land into two separate parcels to allow the developments to function independently without any shared easements for parking or access. PLANNING ANALYSIS OFFICIAL PLAN Designated Tourist Commercial, part of Clifton Hill Tourist Subdistrict. Subdistrict is intended to function as commercial- entertainment centre of the tourist area, with a wide range of uses including theatres and hotels. Low rise hotel and theatre with peripheral landscaping provide an appropriate transition between more intensive development east of Victoria Ave. and more sensitive residential and institutional uses to the west. ZONING Zoned Tourist Commercial Existing site specific regulations: ► an exemption from parking requirements for meeting rooms in the hotel ► the requirement for landscaping strips ► A maximum occupancy for the theatre Existing zoning is requested to be replaced by two site specific TC zones: one for the hotel and one for the theatre. Sufficient parking exists on the proposed parcel containing the Sterling Inn to serve the uses in the hotel. Parking on the theatre portion of the lands will need to be re- oriented to ensure all required parking (110 spaces) is contained to this parcel. The maximum occupancy of the theatre will be 550 seats. The requested relief to the other zoning provisions are appropriate: ► The required landscaped open space strips between a street and parking area are requested to be reduced in width from 3.5 m (11.5 ft) to 2.8 m (9.2 ft) along Magdalen St. and from 2.5 m (8.2 ft) to 2.1 m (7 ft) along Ellen Ave. ► An adjustment is also requested to allow for a waste disposal enclosure in the required landscaped open space strip on the east side of the theatre. ► A reduction of loading spaces for the theatre is also requested (from 3 down to 2). The theatre has been using the two existing loading bays on site without any off -site impacts. ► Continuation of site specific provisions which exempt meeting rooms in the hotel from providing parking reflects earlier approvals granted. SITE PLAN CONTROL The entire site is subject to a site plan agreement registered in 2005. As the site will be divided into two separate parcels which may have different owners in the future, it is appropriate that new site plan agreements be executed for the two developments as conditions of the consent. Revisions to the site plan will include: ► A driveway added to the north side of the hotel; ► parking on the north side of the theatre; ► a loading space next to the hotel building and accessed directly Ellen Ave; ► a new access from Magdalen St. For the hotel. - 3 April 20, 2009 Council Minutes It is noted parking for the Days Inn ( east of the theatre, also owned by the applicant), encroaches onto the required landscaping strip of the theatre. Applicant intends to move the parking off the subject land at a future time. CONCLUSION The requested Zoning By -law amendment to facilitate the division of the subject land into two parcels can be supported for the following reasons: ► The existing use of the land complies with the Official Plan policies respecting the Clifton Hill Tourist Subdistrict. ► Sufficient parking exists on the proposed parcels for the uses located on each parcel, provided the occupancy of the theatre is reduced; ► Minor alterations to by -law regulations will reflect existing site conditions; and ► Replacing the existing site plan agreement that applies to the land with individual agreements for the future properties will reflect the division of the land and will allow for a proper review of existing and future site works. Recommendation That Council approve the Zoning By -law amendment application to place the Sterling Inn and Greg Frewin Theatre under separate site specific Tourist Commercial (TC) zones to facilitate the proposed separation of the two developments. Michael Allen, architect for the applicant, stated that this application is to place the Stirling Inn and Greg Frewin Theatre under separate site specific Tourist Commercial Zones to facilitate the separation of the two developments. Mr. Allen asked that Council consider leaving the theatre with a capacity of 700 seats. The Public Meeting was Closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Diodati that the report be approved with an amendment that the theatre capacity remain at 700 seats. Carried Unanimously PD- 2009 -33 - AM- 2009 -006, Zoning By -law Amendment Application, 8280 and 8318 Willoughby Drive and Land on the Southwest Corner of Willoughby Drive and Welland Street. Applicant: Chippawa Presbyterian Church, Agent: David Parker, Parker Architects, Recognize Existing Off -Site Parking and Reduce the Amount of Parking Required for a Place of Workshop. Background The applicant has requested an amendment to the Zoning By -law for 3 parcels of land which contain a church and associated parking. The amendments are requested to: ► Recognize the place of worship ► Permit the construction of a 649 sq m (6,983 sq ft) addition to the building ► Reduce the parking requirements to the seating capacity to the occupancy of the largest function area; and ► Permit a portion of the required parking to be located off -site. PLANNING ANALYSIS OFFICIAL PLAN Designated Residential in the Official Plan Residential lands are primarily intended to be used for dwellings, ancillary uses such as - 4 - April 20, 2009 Council Minutes places of worship may also be permitted where compatible with residential environment. Such ancillary uses are to be conveniently located for area residents and should be located on an arterial or collector road The church and related parking are ancillary uses contemplated by the Official Plan. The modest addition proposed to the church is not expected to significantly increase traffic, nor is it expected to create any compatibility issues with surrounding residences. The compatibility of the off -site parking lot on the southwest corner of Willoughby Dr and Welland St can be improved with adequate landscaping and fencing. ZONING Part 1 is zoned Institutional, in part, and Residential Single Family and Two Family (R2), in part. Part 1 is requested to be placed under a site specific I zone in its entirety to allow the two lots to be treated as one, recognizing that these lots already function as one property with shared parking and landscape amenity. Recognize the existing exterior side yard setback from the original centreline of Willoughby Dr of 12.5 m (41 ft) for the steeple and 15.7 m (51.5 ft) for the main building and the existing building height of 10.4 m (34.1 ft). The existing setbacks do not interfere with the future widening of Willoughby Dr. The addition to the sanctuary is proposed no closer to Willoughby Dr. and no taller than the main building. The By -law requires 1 parking space / 5 seats for each of the function areas in a place of worship. In the past, site specific zoning amendments that allowed places of worship to provide parking based only on the seating capacity of the largest place of assembly, have been granted. The reason is that all function areas are not typically occupied at the same time. The P zone has been requested for the off -site parking lot (Part 2) on the southwest corner of Willoughby Drive and Welland St. This request will formally permit this parking lot to provide a portion of the required parking for the church. Approximately 18 required spaces are provided on this parking lot. The parking lot has existed for some time and the proposed provisions will recognize this parking arrangement. SITE PLAN CONTROL Through site plan control adequate landscaping and buffering around the off -site parking lot will be secured to ensure the abutting residents are not impacted by the parking lot. Fencing of 1.8 m (5.9 ft) board on board, and a 2 m (6.6 ft) landscaping strip along abutting residential properties CONCLUSION The requested Zoning By -law amendment can be supported for the following reasons: ► The church and related parking are ancillary uses contemplated by the Official Plan; and ► It will recognize the use of the land and its built form which has existed for many years and allow the proposed addition. A reduction to the required parking to reflect the amount of available parking is acceptable - 5 - April 20, 2009 Council Minutes provided the occupancy of the church is limited to 240 persons at one time. David Parker, architect for the applicant, advised that the reason for this application is that the Chippawa Presbyterian Church would like to upgrade the accessibility of the building by adding a handicap lift and ramp as well as increasing the lobby area, offices and day care facilities. He asked that Council consider the application and submitted by staff allowing the Church to continue its current use. The Public Meeting was concluded. ORDERED on the motion of Councillor Fisher, seconded by Councillor Thomson that the report be approved as recommended. Carried Unanimously ORDERED on the motion of Councillor Diodati, seconded by Councillor Thomson that by -law 2009 -60 be dealt with at this time. Carried Unanimously ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that Rick Brady and Betty Trabucco be permitted to speak. Carried Unanimously Rick Brady of Urban Environmental Consulting, advised Council of a concern his client had with a portion of the by -law, Policy 14.7.2 I. Mr. Brady requested that Council remove this policy from the proposed Official Plan Amendment. He advised that his client will accept the restriction as described in their marketing study for the upcoming zoning by- law amendment for the site and asked for Council's consideration. Betty Trabucco, 4514 Ferguson Street, is opposed to having the zoning of her property changed from light industrial to residential and asked that Council consider her request. ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves that 4514 Ferguson Street remain zoned as light industrial and the by -law be amended accordingly. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci advised of some recent events: The 3' Annual Passion Play Performance at Club Italia, the Chamber of Commerce Luncheon, with Liberal leader Michael Ignatieff as guest speaker, the "Does on Ice" hockey tournament and the Stamford Kiwanis Club 50 Anniversary. Mayor Salci advised of some upcoming events: the Mayor's Youth Advisory Committee's "Green Week ", Arbour Day events through the Park in the City Committee, the Coronation Centre Volunteer Recognition, the Niagara Falls Museum's Appreciation event, the Mountain Park Church's Barnabus Awards, the Abruzzi earthquake relief fundraising and the Employee Recognition evening. - 6 - April 20, 2009 Council Minutes COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Child Find Ontario- Request that the month of March be proclaimed as "Missing Children's Month" and May 25 be declared as "National Missing Children's Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that the communication be approved. FINANCE REPORTS REPORTS Carried Unanimously F- 2009 -22 - The Use of Excess Funds- Downtown Revitalization. The report recommends that Council make a decision on the use of the remaining Downtown Revitalization funds. ORDERED on the motion of Councillor Diodati, seconded by Councillor Thomson that Mordechai Grun be permitted to make a presentation. with Councillor loannoni opposed. Motion Carried Mordechai Grun, Chair, on behalf of the Downtown BIA, made a brief presentation informing Council of the Downtown Beautification project. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the remaining funds from the Downtown Public Realm Studies fund be provided for Downtown streetscape and beautification and that the Downtown B.I.A. provide a list of the different projects where the money will be allocated. with Councillor loannoni opposed. Motion Carried RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the actions taken in Community Services Committee, on April 20, 2009 be approved. Carried Unanimously 1 That the minutes of the April 6, 2009 meeting be adopted as recorded. 2. People Mover Project Update Report That the City indicate to the Federal Government that the municipality is working diligently and is committed to the People Mover System; and that the Federal Government be requested to work with the municipality and extend the June deadline on the People Mover funding. 3. TS- 2009 -02 Tourist Area Parking Demand Study That the Tourist Area Park Demand Study be received; Staff proceed with meetings with the appropriate stakeholders and report back to Council. 4. PD- 2009 -25 Matters Arising from Municipal Heritage Committee Regarding the Oswald House Fence, 2922 St. Paul Avenue PD- 2009 -32 - Municipal Staff Review Regarding the Oswald House Fence, 2922 St. Paul Avenue 7 April 20, 2009 Council Minutes That staff work with property owners to develop a compromise, with City paying for the stone work and the property owners paying for the iron work and that staff report back to Council. 5. PD- 2009 -27 Matters Arising from Municipal Heritage Committee Status of Jolley Cut That Council consider the designation of the Jolley Cut as a Cultural Heritage Landscape following the design and reconstruction of the pathway; that Council forward the following Municipal Heritage Committee comments to the architect responsible for preparing a landscape plan for the Jolley Cut: - that the walkway follow its existing path and remain true to the natural contour of the moraine; - the walkway width should be maintained at its current width; - that native species should be used; - a tree protection plan should be completed; and - that the Municipal Heritage Committee be consulted in the design stage. RATIFICATION OF IN CAMERA COMMITTEE RECOMMENDATIONS ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the recommendation from the "In Camera" meeting on April 20, 2009 be approved. 1. That the RFP process initiated by the Request for Proposals (RFP 1) for the People Mover Project be terminated and staff notify the proponents. 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. PRC- 2009 -22 - Youth Education Rate: Fees for the Artificial Turf Sports Field at Kalar Park. It is recommended that the artificial multi - purpose sport field be revised to include a resident youth educational rate; and that the fees be approved for period May 1s 2009 to September 30,2009. ORDERED on the motion of Councillor Diodati, seconded by Councillor Kerrio that the report be approved, retroactive to April 1, 2009. Carried Unanimously F 2009 - 17 - Cancellation, Reduction or Refund of Taxes. It is recommended that the cancellation, reduction or refund of taxes on the various accounts per attached summary be approved and granted to the property owners listed. F 2009 - 18 - Low Income Seniors' Water Rebate. It is recommended that Council approve the annual Low Income Seniors' Water rebate and that Council discontinue the annual Low Income Seniors' Property Tax rebate. F - 2009 - 19 - Municipal Accounts. It is recommended that Council approve the municipal accounts totaling $33,098,618.12 for the period March 5,2009 to April 1, 2009. - 8 - April 20, 2009 Council Minutes F- 2009 -20 - Quarterly Operating Results - 15t Quarter ending March 31, 2009. It is recommended that Council receives for information purposes. F- 2009 -21 - Tax Receivables Monthly Report. It is recommended for the information of Council. L- 2009 -17 - Retention of Doug Embleton, Auctioneer for Sale of Surplus Lands by Auction. It is recommended that the City retain the services of Doug Embleton, (Certified Canadian Auctioneer and Appraiser) of Niagara & Bruce Peninsula Auctions to conduct the sale of surplus City lands at no cost to the City. MW- 2009 -24 - Assumption of Various Subdivisions. It is recommended that the City formally assume the Plans and Subdivisions listed in the report. MW- 2009 -25 - Tender NP- 01 -2009- Supply of Asphalt Products. It is recommended that the supply of Asphalt Products be awarded to Walker Aggregates Inc. and Innovative Surface Solutions Canada. MW- 2009 -26 - Tender NP- 02 -2009 - Supply of Ready Mix Concrete. It is recommended that the supply of Ready -Mix Concrete products be awarded to Centennial Concrete (Niagara) Inc. MW- 2009 -27 - Tender NP- 03 -2009 - Supply of Granular Material. It is recommended that the supply of granular material be awarded to Walker Aggregates Inc. of Niagara Falls, Ontario. MW- 2009 -28 - Update - Water Conservation - Rain Barrel Sale. It is recommended that Council pre approve the expenditure for the rain barrels, as proposed in the 2009 Water Conservation program. MW- 2009 -13 - Boulevard Restoration Program /Policy. It is recommended that City Council approve the changes to the policies respecting its Boulevard Restoration Program. PRC- 2009 -18 - Arena Special Event Permits. It is recommended that the use of an Arena Special Event Rental Permit replace the use of special events agreements; and that the authority to issue the special event rental permits be delegated to the Manager of Recreation Services, or designates. PRC- 2009 -21 - Supply and Installation of Arena Seats - Gale Centre. It is recommended that Council accept the bid submitted by SDR Seating in the amount $312,457.75 (GST included) for the supply and installation of seats in the Gale Centre. PD- 2009 -31 - CB & FIG- 2009 -001, Commercial Building & Facade Improvement Application. Applicant: Franjo & Anda Marjanovic, 5844 Ferry Street (Ferry Cafe). It is recommended that Council approve the above noted application for a Facade Improvement Grant in the amount of $10,000 subject to meeting the program requirements including the entering into an agreement with the City; and that if Council approves the application, that the Mayor and Clerk be authorized to execute the grant agreement for the facade improvement. TS- 2009 -21 - Transit Advertising RFP Report. It is recommended that the contract to place exterior and interior advertisements on Niagara Falls Transit buses be awarded to Sambrook Media Corporation for the period from May 1,2009 through April 30, 2014 with an option to renew for an additional three years; and that the Mayor and the Clerk be authorized to execute the necessary agreements. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that the remaining reports on the consent agenda be approved as recommended. Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be given a first reading. 2009 -60 2009 -61 Carried Unanimously A by -law to provide for the adoption of Amendment No. 88 to the City of Niagara Falls Official Plan as approved by the Ontario Municipal Board. (OPA No. 88) A by -law to provide for the adoption of Amendment No. 89 to the City of Niagara Falls Official Plan as approved by the Ontario Municipal Board. (OPA No. 89) 2009 -62 A by -law to amend By -law No. 79 -200, to permit the Lands to be used as parking lot in conjunction with a clinic on abutting lands. (AM- 2008 -036) 2009 -63 A by -law to amend By -law No. 395, 1966, to permit a single family dwelling on the Lands to be used as a tourist home. (AM- 2009 -003) 2009 -64 A by -law to amend By -law No. 79 -200, to permit a retail store as a temporary use. (AM- 2009 -001) 2009 -65 A by -law to hereby authorize the execution of the High Rate Treatment Facility Operating Agreement between The Regional Municipality of Niagara (the "Region ") and the City of Niagara Falls (the "City "). 2009 -66 A by -law to appoint Kenneth Todd as Chief Administrative Officer for the City of Niagara Falls. 2009 -67 A by -law to authorize the payment of $33,098,618.12 for General Purposes. 2009 -68 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 20 day of April, 2009. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be read a second and third time and passed. Mayor's Prostitution Committee ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the ad -hoc committee be revived and that staff investigate putting up surveillance cameras to deal with prostitution. Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the meeting be adjourned at 8:55 p.m. D AN IORFIDA, CITY CLERK - 9 - April 20, 2009 Council Minutes BY -LAWS NEW BUSINESS Carried Unanimously Carried Unanimously R.T. (TED) SALCI, MAYOR