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2012/06/26TENTH MEETING REGULAR COUNCIL MEETING June 26, 2012 Council met on Monday, June 26, 2012 at 5:20 p.m. in a Committee of the Whole meeting. All members of Council except Councillor loannoni were present. Following the conclusion of the Committee of the Whole session at 5:40 p.m., Council passed a resolution to go In Camera. NO. 16 MOROCCO - KERRIO - THEREFORE BE IT RESOLVED THAT on June 26, 2012 Niagara Falls Council will go into a closed meeting to consider matters that fall under the subject matter of 239(2)(e) matters before administrative tribunals and 239(2)(f), advice that is subject to solicitor - client privilege related to properties at the West Side of Willoughby Drive North of Gunning Drive and 5705 Falls Avenue and 6380 Fallsview Boulevard. Council did not rise and report on In Camera matters. Council met for the purpose of considering Regular Business matters in Council Chambers at 6:45 p.m. All members of Council except Councillor loannoni were present. Councillor Gates offered the Opening Prayer. ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the minutes be approved. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Morocco indicated an indirect pecuniary interest to cheque no. 354833, made payable to her husband and to cheque no. 355163 made payable to herself. Mayor Diodati indicated a pecuniary interest to cheque numbers 355117 and 355280 made payable to himself. PRESENTATIONS/ DEPUTATIONS Local Athletes Mayor Diodati recognized local athletes, J.T. Hunt, Saint Michael High School, who won OFSAA gold in high jump and Robyn Crandall for winning Provincial Swimming Championships. Mayor Diodati presented plaques to them. PLANNING MATTERS Public Meeting PD- 2012 -37 -AM- 2011 -002, City Initiated Official Plan and Zoning By -law Amendments Clifton Hill /Fallsview Tourist Areas, Proposed Changes to Parking Requirements - 2- Council Minutes June 26, 2012 Background Proposed Official Plan amendment for site specific policies to: ► allow the establishment of different parking standards for specific uses in the tourist area; ► establish an area of parking exemption; ► Use one of three different sets of parking requirements in the central tourist district with an option to apply for site specific zoning standards ► Clarify how the parking requirements are to be applied and amended. ► Proposed Zoning By -law amendment would propose the following: ► Decrease the parking requirements for restaurants, retail stores, museums, and theatres ► Increase parking requirement for hotel rooms, but reduce or eliminate the required parking for ancillary uses within hotels. ► Hotels and Motels that use the new standard would have the option of substituting 1 bus parking space for 20 car parking spaces to a maximum of 2 bus spaces; (Staff are recommending dimensions for bus spaces) ► Theatres would have the option of substituting 1 bus space for 20 car spaces to a maximum of 1 bus substitution. ► Consider extending the current parking exemption at Ferry and Stanley area to the entire Victoria Centre BIA and the Fallsview BIA. Neighbourhood Open House Public meetings were held on June 17, 2009 and January 25, 2010 to assist in completion of the 2009 Parking Study and also on June 21, 2011 to assist the public in understanding the proposed amendments. Several concerns with the 2009 Parking Study Recommendations were raised again at the neighbourhood open house in June 2011 as follows: ► To consider up to 5 bus substitutions ► Consider being able to submit parking demand studies for uses that were studied in 2009 Parking study. Planning Analysis Provincial Policy Statement and Growth Plan Proposal would assist in achieving sustainable tourism and economic vitality for the Clifton Hill and Fallsview Tourist Districts, which are considered Employment Areas by providing reduced and alternative parking requirements. Official Plan Tourist Commercial Policy provides that the City will review parking requirements as they apply to the Central District. The 2009 Parking Study was done on a comprehensive basis for the whole tourist core and represents the most current and accurate calculation of need versus demand. The proposed OP policies would allow the establishment of different parking requirements for the Clifton Hill and Fallsview Tourist Districts from the rest of the City based on the 2009 Parking Study. Property owners would have the option of using either the current 79 -200 zoning by -law parking requirements, the requirements contained in a site specific zoning by -law, or the proposed new parking requirements. Business owners would not have the option of using a combination of the three requirements. Prohibiting the submission of parking demand studies for uses which were examined as part of the 2009 Parking Study have not been incorporated because this was seen as contrary to a landowner's right to apply for a zoning amendment under the Planning Act. - 3- Council Minutes June 26, 2012 Proposed policies would allow an exemption for required parking in certain areas. A review of the parking provided by tourist commercial uses in existing buildings along Victoria Ave was undertaken and it was found that hotels and motels provide parking either on -site or at approved off -site locations. Other uses in existing buildings have insufficient parking or do not provide parking to meet the zone requirements and are considered legal non - conforming for parking. It is reasonable to consider extending the parking exemption for retail stores, restaurants, attractions and similar uses. Most of the Fallsview District has redeveloped in the last 10 -15 yrs in accordance with By- law 79 -200 standards. There is no technical justification to support the exemption. Proposed changes are in keeping with intent of the Official Plan to encourage the efficient, safe functioning of the transportation system, meet the needs of the traveling public and integrate well with the community. Zoning By -law Land owners would have the choice of 4 options for determining a parking ratio for their property. Option 1 — use the standards as they exist in the current By -law 79 -200 Option 2 — new standards based on 2009 Parking Study Option 3 — is to allow existing site specific standards to be used Option 4 — is to allow and owners to submit a zoning by -law amendment application to apply for their own parking standards based on their own parking demand analysis. Land owners will not have the ability to blend requirements from the options. Most of the uses identified in the 2009 Parking Study require less parking than currently stipulated in Zoning By -law 79 -200. The new standards would subject hotel and motel rooms to higher parking requirements but this is offset by a reduction in the required parking for ancillary uses including restaurants, retail space and meeting space. A hotel using the Option 2 parking ratios for rooms would have to contain a high amount of ancillary uses to actually achieve a new benefit. Those hotels which do not have large ancillary space may find it more beneficial to continue to depend on current parking standards (Option 1) rather than Option 2 standards. Bus Substitutions For those hoteliers who want to use the new parking ratios for rooms, but would actually see an increase in the number of require car parking spaces even after calculating the exceptions for ancillary space, it was proposed that the substitution of 1 bus parking space for 20 car parking spaces be permitted up to a maximum of 2 bus substitutions. Several stakeholders have requested that the maximum substitution be increased to as many as 5. This cannot be supported since the larger hotels generally have more amenity space on -site where the exemptions for amenity space, outlined in Option 2 provide a similar kind of benefit. This may also create a parking shortage, particularly in the summer - 4- Council Minutes June 26, 2012 when car parking demand is highest. Hoteliers seeking more than 2 bus substitutions would likely be able to comply with existing parking requirements of 79 -200 (Option 1) since most hotels were built to these standards. Stakeholders requested that 1 bus substitutions for 20 cars be given to Theatres /Cinemas as well since tour buses would deliver visitors for short durations. It is proposed that dimensions for bus parking spaces be 3.75 m X15 m with a 15 m maneuvering aisle with a vertical clearance of 5 m. Although not included in the public meeting notice, it is considered a minor change that does not require additional notice. Parking Exemption The Victoria Centre BIA and several property owners have requested that the current parking exemption established in 1981 for parts of Ferry St. be extended to include the Victoria Centre BIA. Similarly, the Fallsview BIA have also requested this exemption be extended to their BIA. The 1981 By -law exempts several uses within the TC zones along Ferry St. The City's Transportation Services Dept. does not support these requests. The parking exemption was introduced in an attempt to encourage reinvestment in the area and only where municipal parking lots are located in the vicinity of the exemption. The Fallsview Area has had a large amount of reinvestment, does not have any municipal parking lots and the majority of properties have developed in compliance with Option 1 standards and provide full parking on -site or in linked off -site lots. In 2010, the City conducted an inventory of on -site parking for existing businesses along Victoria Ave. from Ferry St. to Hwy 420 and found the majority of properties did not or could not provide on -site parking for their small businesses. On this basis, Staff support extending the exemption only over properties along Victoria Avenue, not the entire Victoria BIA Staff cannot support a parking exemption for the Fallsview BIA as there is no technical study to support this. Parking Demand Studies 2009 Parking Study was undertaken to prepare new standards comprehensively and to avoid requiring property owners to prepare individual studies which they said were costly and time consuming. Although the 2009 Parking requirements are the most accurate and tested standards, prohibition of further parking demand studies may conflict with rights under the Planning Act. Conclusion An Official Plan amendment is proposed to allow the City to introduce alternative parking ratios in the tourist core. The new parking ratios and alternative parking options are supported for the following reasons: ► they are consistent with Provincial policies; ► is in keeping with the Tourist Commercial policies to provide the appropriate guidance. • The 2009 Parking Study changes to the parking requirements more accurately reflect the actual parking demand ► Business owners will have the option of using the current parking standards, the - 5- Council Minutes June 26, 2012 new parking standards, keeping existing site specific parking standards, or applying for site specific parking standards in the future. ► A parking demand study can be submitted with any future rezoning application and will be reviewed on a case by case basis. ► The parking exemption is recommended for an area where there is little or no existing on site parking and in an area where municipal parking lots already exist. Recommendation That Council approve the Official Plan and Zoning By -law amendments to implement alternative parking requirements in the Clifton Hill and Fallsview Tourist Districts. Italia Gilberti, Broderick & Partners, representing the Victoria Centre and Fallsview BIA's, presented a number of proposed amendments to the staff recommendation. Also, it was confirmed that the Victoria Centre BIA is part of the Clifton Hill Tourist District. Don DeLorenzo, Daniel & Partners, representing the Clifton Hill BIA, asked that any proposed exemptions be extended to Clifton Hill. The Public Meeting was Closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that Council approve the recommendation report to approve the Official Plan and Zoning By -law amendments to implement alternative parking requirements in the Clifton Hill and Fallsview Tourist Districts with the following amendments: That the proposed bus substitutions for parking spaces be increased up to a maximum of 5 bus substitutions, on a pro -rated basis, as follows: up to 200 rooms, 2 bus substitutions (40 parking space exemption); between 300 and 399 rooms, 3 bus substitutions (60 parking space exemption); between 400 and 499 rooms, 4 bus substitutions (80 parking space exemption); 500 rooms or more, 5 bus substitutions (100 parking space exemption); and That the area for parking exemption be increased to include all lands included within the boundaries of the Victoria - Centre, Fallsview and Clifton Hill BIA's; and That there will be no parking required for any ancillary restaurant to a hotel and no parking required for an ancillary meeting/ convention room to a hotel. Motion Carried with Councillor Gates opposed. MISCELLANEOUS PLANNING MATTERS PD- 2012 -36 - Chief Administrative Officer - Proposed Change from Residential Loan to Residential Grant for the Downtown Community Improvement Plan - Revised. The report recommends that Council support the following: 1. The Downtown CIP Residential Loan Program be changed to a Residential Grant Program to encourage the renovation of old vacant apartments that are in serious disrepair and unused vacant space above businesses to help stimulate the economic recovery of Downtown by encouraging more people to live in the area. 2. That the maximum grant be 50% of the eligible funds up to $10,000 ($5,000 from the City and $5,000 from the Region) per unit based on a minimum renovation of $20,000. 3. That the Residential Grant Program come into effect immediately with a 60 day intake period for applications. - 6- Council Minutes June 26, 2012 ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson that the report be deferred at the request of the Downtown BIA. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati extended condolences to Karl Dren, a city employee, on the passing of his mother Theresa. Mayor Diodati advised of recent events: NHS site tour and Chamber of Commerce Event, Nurse Practitioner LED clinic opening, the Nik Wallenda walk, Lundy Manor's 20th Anniversary, the official opening at Queenston Heights for the 1812 celebrations, the Christ Church Chime the Bells for 1812, the opening of the Niagara Holistic Lifestyles Pavilion, the Laura Secord /Unilever Trail Project, the 59th Annual Rose and Flower show, the Tender Wishes car show, the Organ Donor Awareness Run through Queen Victoria Park, the 125th Anniversary celebration of The Lundy's Lane Historical Society, the 100th Anniversary of the Knights of Columbus and the Meadows of Dorchester Annual Family Day Picnic. Mayor Diodati advised of upcoming events: 30th Annual Canada Day Picnic, the Mike Strange homecoming, the Niagara Falls Motorcycle Show, the Niagara Falls Museum Grand Re- opening, the Battle of Lundy's Lane Commemorative Service, the Summertime Blues concert series at Fireman's Park and music at Cummington Square presented by the Village of Chippawa Citizen's Committee. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that a letter of condolence be sent to the family of the late Robert Theil. Carried Unanimously ORDERED on the motion of Councillor Thomson, seconded by Councillor Mayes that in light of the success of the Nik Wallenda walk and the back -lit Falls that a letter be sent to the Illumination board encouraging such illumination for the future. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Downtown B.I.A. - various requests and waivers related to events planned for the summer, RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Morocco, seconded by Councillor Pietrangelo that the requests be approved. Carried Unanimously 2. Niagara Falls Big Brothers Big Sisters - requesting relief to the City's Noise By- law for an upcoming event. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that the request be approved. Carried Unanimously - 7- Council Minutes June 26, 2012 Taps Brewing Co. - requesting relief to the City's Noise By -law for an upcoming event. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that the request be approved. Carried Unanimously 4. Niagara Motorcycle Show - requesting relief to the City's Noise By -law for an upcoming event. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that the request be approved. Carried Unanimously 5. SCVFA Blues in the Park - requesting relief to the City's Noise By -law for their Thursday Concert series. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that the request be approved as recommended. Carried Unanimously 6. City Clerk - memo requesting Council fill Committee of Adjustment vacancy. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that based on the vote of Council that Paul Campigotto fill the Committee of Adjustment vacancy. Carried Unanimously 7 Forward - requesting relief to the City's Noise By -law for the Mike Strange homecoming event. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that the request be approved. Carried Unanimously ORDERED on the motion of Councillor Morocco, seconded by Councillor Kerrio that the Niagara Regional Police Service be requested to enforce the provisions of the Highway Traffic Act that prohibit unnecessary noise emanating from motorcycles. Carried Unanimously REPORTS RATIFICATION OF COMMITTEE OF THE WHOLE RECOMMENDATIONS ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the actions taken in the Committee of the Whole meeting, June 26, 2012 be approved. Carried Unanimously 1) The Committee of the Whole minutes of June 12, 2012 be approved. 2) REPORTS: a) L- 2012 -12 Swimming Pool By -law - 8- Council Minutes June 26, 2012 That staff be directed to come back with the proposed amendments to the Swimming Pool Fence Bylaw b) CD- 2012 -07 Refreshment Vehicles That Committee recommend to Council that they deny the application to locate two (2) refreshment vehicles at 5943 Stanley Avenue; and That Committee recommend to Council that it continue the practice, as per CD- 2011 -12, to allow existing licensed restaurants to be allowed to have a Refreshment Vehicle on their premises; and That the local B.I.A.'s be canvassed on proposed changes to the section of the Licensing By -law for 2013. RESOLUTIONS NO. 16 PIETRANGELO - GATES - therefore be it resolved that Council consent to Centennial Square being the venue for the proposed concert series; and further be it resolved that Niagara Falls City Council considers the event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. 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. BDD- 2012 -01 - Demolition of the Building and Related Items at 6681 Culp Street, Former Boys and Girls Club. The report recommends the following: 1) The contract be rewarded to The Greenfield Group Ltd. at the tendered price of $47,799.00. 2) That the Mayor and City Clerk be authorized to execute the necessary contract documents. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the report be approved as recommended. Carried Unanimously F- 2012 -33 - Municipal Accounts. The report recommends that Council approve the municipal accounts totalling $44,954,117.64 for the period May 10, 2012 to June 6, 2012. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that the report be approved. Carried Unanimously L- 2012 -15 - Site Plans and Site Plan Agreements Procedure re: Mortgages on Title. The report recommends that the City cease the practice of requiring postponements of mortgages registered upon the title of lands upon which the City intends to register Site Plans and Site Plan Agreements. ORDERED on the motion of Councillor Gates, seconded by Councillor Pietrangelo that the report be approved as recommended. Carried Unanimously - 9- Council Minutes June 26, 2012 MW- 2012 -32 - Victoria Avenue and Walnut Street Intersection Improvements Contract 2012 - 280 -12 Tender Award. The report recommends the following: 1. The Contract be awarded to the lowest bidder Stevensville Lawn Services Inc. at the tendered price of $270,305.00. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the report be approved. Carried Unanimously MW- 2012 -37 - Chippawa Infrastructure Investment Report. The report recommends that this report be received for Council's information and filed. ORDERED on the motion of Councillor Wing, seconded by Councillor Morocco that the report be received for Council's information. Carried Unanimously ORDERED on the motion of Councillor Wing, seconded by Councillor Morocco that staff bring back a report on the impact of basement flooding basement on development in Chippawa. Motion Carried with Councillors Kerrio, Maves and Thomson opposed. R &C- 2012 -15 - Sports Tourism Policy. The report recommends the following: 1. That Council approve the revised Sport Tourism Policy to include private organizations to be eligible to receive a rental fee discount for sporting events held in City of Niagara Falls facilities. 2. That the revised Sport Tourism Policy be effective as of January 1, 2013. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the report be approved as recommended with an effective date of January 1, 2012. Carried Unanimously F- 2012 -30 - Major Tax Receivables Report. The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F- 2012 -34 - 2012 Rates & Fees Schedule. The report recommends that the Schedule of Fees By -law, listed under the by -law section of the agenda, be approved. F- 2012 -35 - General Insurance Report. The report recommends that Council approve the 2012 -2013 Comprehensive Insurance Program from Frank Cowan Co. Ltd. IS- 2012 -01 - City Hall Phone System Software Version Update. The report recommends the following: 1. That the quotation for the software version update of the City Hall phone system be awarded to Telus Communications Company in the amount of $126,842.86 plus applicable taxes and, 2. That the Supply and Services Section of the Clerks Department be authorized to issue a Purchase Order for this work in accordance with the Supply and Services Policy. MW- 2012 -35 - Chippawa Public Boat Dock. The report recommends the following: 1. That the tender from Stevensville Lawn Service Inc. for the Chippawa Public Boat Dock in the amount of $61,767.00 (excluding HST) be approved. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. - 10- Council Minutes June 26, 2012 MW- 2012 -38 - Spring Street Road Reconstruction from Stanley Avenue to West Limit of Sprint Street, Contract #2012 - 250 -11 - Tender Award. The report recommends the following: The contract be awarded to the lowest bidder Provincial Construction Ltd. at the tendered price of $1,270,178.77. That the Mayor and City Clerk be authorized to execute the necessary contract documents. PD- 2012 -38 - PLC - 2012 -003, Request for Removal of Part -Lot Control, Lots 20 -23, Plan 59M -251. 6339 -6367 Pinestone Road, Developer: Amyn Kassam. The report recommends the following: 1. That Council approve the request and pass the by -law included in tonight's agenda to designate Lots 20 -23 of Registered Plan 59M -251, as exempt from Part -Lot Control. 2. That the developer be given two years to adjust the shape of the lots and notify the City when the separate deeds have been registered. R &C- 2012 -14 - Naming Rights at the Niagara Falls History Museum. The report recommends that Council approve the Mayor and Clerk be authorized to execute an Agreement between the City of Niagara Falls and Ontario Power Generation Inc. ( "OPGI ") for the naming rights to the Temporary Exhibitions Galleries at the Niagara Falls History Museum. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that the remainder of the reports on the Consent Agenda be approved as recommended. Carried Unanimously BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the by -laws be given a first reading. 2012 -46 2012 -47 2012 -48 Carried Unanimously 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. A by -law to authorize the execution of an agreement with Ontario Power Generation Inc. respecting the naming rights to the Temporary Exhibitions Galleries at the Niagara Falls History Museum. A by -law to hereby authorize the Mayor and Treasurer to execute a Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry ") and the City of Niagara Falls (the "Municipality ") Related to Funding Provided by the Province of Ontario (the "Province ") to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program. 2012 -49 A by -law to fees and charges for various services, licences and publications for the City of Niagara Falls. 2012 -50 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs at Intersections) 2012 -51 A by -law to designate Lots 20 -23, Registered Plan 59M -251, not be subject to part-lot control. ( PLC - 2012 -003) 2012 -52 A by -law to authorize the execution of an Agreement with Niagara Roller Girls respecting the Adopt -A- Program public service program for volunteers. 2012 -53 2012 -54 2012 -55 - 11- Council Minutes June 26, 2012 A by -law to authorize the execution of an Agreement with Eco- Ninjas respecting the Adopt -A- Program public service program for volunteers. A by -law to authorize the payment of $44,954,117.64 for General Purposes. A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 26th day of June, 2012. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the by -laws be read a second and third time and passed. Carried Unanimously NEW BUSINESS Macular Degeneration ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco petition the Province to allow macular degeneration treatment more frequently than once a month for those in need and that the Federal member of Parliament be copied. Carried Unanimously ORDERED on the motion of Councillor Maves, seconded by Councillor Kerrio that the meeting be adjourned at 9:00 p.m. Carried Unanimously DEAN IORFIDA, CITY 'CLERK JAMES M. DIODAT , AYOR