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2013/05/14 EIGHTH MEETING REGULAR COUNCIL MEETING May 14, 2013 Council met in Council Chambers at 5:05 p.m. Councillor Kerrio offered the Opening Prayer. All members of Council were present. ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Morocco, seconded by Councillor Mayes that the minutes be approved as printed. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST No Disclosures REPORTS 5:00 - 7:00 P.M. 1 . TS-2013-07 - Portage Road - Speed Control Follow Up Review The report recommends that the existing speed humps on Portage Road between Mayfair Drive and Stamford Green Drive be maintained. Karl Dren, Director of Transportation Services, provided Council with a powerpoint presentation. Janice Ane, 3262 Portage Road, lives directly in front of the southern speed bump. Mrs. Ane requested that the southern speed hump be remove as it creates noise. She said she would prefer other speed control devices, such as a chicane or four-way stop. Mrs. Ane read letters from two surrounding neighbors. Bill Muir, 3258 Portage Road, is in favour of the speed humps as they have greatly reduced speed in the neighbourhood. ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that Bev Hodgson be permitted to speak. Carried Unanimously Bev Hodgson, 3227 Portage Road, stated that all agree that there was a speed problem in the area and any measures should be instituted to combat speed. She suggested that the noise is from the vehicles, not from the hump, and that heightening the hump may be helpful for speed and sound. ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that staff report back on the possibility of narrowing the road and installation of a four-way stop to possibly allow the removal of the southern speed hump. Carried Unanimously - 2 - May 14, 2013 Council Minutes 2. F-2013-29 - Water Billing Transition The report recommends the following: 1. Council approve the addition to the City staff complement of four (4) full time equivalent employees. 2. Council authorize staff to develop plans for renovations at MacBain Centre to accommodate implementation of a cashiering station that can accommodate water, tax and other municipal payments. ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the report be approved as recommended. Carried Unanimously 3. MW-2013-08 - Chippawa Infrastructure Update The report recommends that the report be received for Council's information and filed. ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson that the report be approved as recommended. Carried Unanimously 4. R&C-2013-10 - Prince Edward Park The report recommends the following: 1 . That Council proceed with the proposed land exchange at Prince Edward Park as illustrated on Attachment #1 of this report. 2. That staff receives $15,000 (excluding the cost to relocate the trees and benches) from the developer to be allocated for future park redevelopment and that the developer relocates the park benches and trees abutting the benches (or plant up to 4 new trees if the trees will not survive transplanting) at its cost. 3. That staff prepares a park development plan and presents it as part of the 2014 capital budget. 4. That the developer installs chain link fence on the north and east side of Prince Edward Park to adhere to City of Niagara Falls Park standards. ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the report be approved as recommended. Carried Unanimously -AN D- NO. 21 - IOANNONI- KERRIO - Therefore be it resolved that the Council of the Corporation of the City of Niagara Falls hereby determines that no further notice is required in declaring the parcel, located between Prince Edward Avenue and Byng Avenue, surplus to the City's needs. Carried Unanimously PRESENTATIONS/DEPUTATIONS 7:00 P.M. Boys & Girls Club of Niagara Amanda Braet, Director of Fund Development, informed Council of BGCN's National fundraiser, Race for Kids presented by Cytec on June 1, 2013 and presented the Mayor with a "Raise for Kids Welcome Bag". - 3 - May 14, 2013 Council Minutes Kraft's Hockey Lives On Dave Beaton, Manager of Sobey's informed Council about his store winning $5,000 in the Kraft Hockey Lives On contest. Corey Barkman, a store employee, was also present. The money will go toward a hockey/arena related event. Mayor Diodati presented a gift of appreciation to the gentleman. PLANNING MATTERS 7:00 P.M. Public Meeting AM-2013-003, Zoning By-law Amendment Application Former Jones Street Road Allowance, East Side of Montrose Road South of Delta Drive Applicant: OPM Properties Ltd. (Michael Brooks) Agent: Doug Darbyson, Darbyson Planning Inc. Proposed Semi-Detached Dwelling The Director of Planning, Building & Development reviewed the recommendations and provided the following information. Proposed Application Zoning by-law amendment application for the former Jones Street right-of-way. Land was declared surplus in 2009 and was acquired by the applicant. Land is zoned Residential Single Family 1D density (R1 D). Zoning to be changed to Residential Single Family and Two Family (R2) with site specific side yard and driveway width regulations to permit the proposed semi-detached dwelling. PROVINCIAL POLICY & REGIONAL POLICY PLAN Provincial policies direct growth to built-up areas and support intensification. The proposal would result in a more efficient use of urban land and infrastructure which would assist in reaching intensification targets established by Provincial and Regional policies . Official Plan Property is designated Residential in the City's Official Plan which permits semi-detached dwellings. Proposal complies as follows: • Proposed semi-detached dwelling adds to the mix of available housing; • Proposed dwelling would be compatible with surrounding single and semi-detached dwellings in height, massing and setbacks. ZONING The change from R1 D to R2 would permit the proposed semi-detached dwelling. Adjustments to the standard R2 zone regulations can be supported to accommodate the required parking, and side yard and setbacks. - 4 - May 14, 2013 Council Minutes SERVICING & DRAINAGE Currently the property has a swale that drains the properties to the east and runs into a catchbasin along Montrose Rd. To ensure the property is properly drained and adjacent properties not adversely impacted, a rear yard catchbasin is proposed. It is necessary that these works be provided as part of the future Building Permit application and an easement dedicated for the maintenance of the storm sewer lateral. CONCLUSION The applicant has requested a zoning amendment to permit a semi-detached dwelling to be constructed on the property be supported because: • The proposal represents an efficient use of urban land and infrastructure. • The Official Plan encourages a harmonious mix of dwelling types so that a variety of housing types are available in each neighbourhood. • The proposed semi-detached dwelling would be compatible with surrounding single detached and semi-detached dwellings; • The lot is adequately sized to accommodate the dwelling, and; • The requested reduction in the side yard width and increase in driveway width are acceptable and will not adversely impact the neighbouring properties. RECOMMENDATION That Council approve the Zoning By-law amendment application to rezone the property Residential Single Family and Two Family (R2) with site specific side yard and driveway width regulations, to permit the proposed semi-detached dwelling. Doug Darbyson. Agent for the applicant, said the property was formerly owned by the City. The applicant was seeking minor relief for the development, however, the lot exceeds R2 requirements in instances such as depth. The semi is being custom made and designed for the property with a driveway that allows for ease of ingress and egress. The applicant will institute the requested catch basin. The Public Meeting was Closed. ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that the report be approved as recommended. Motion Carried with Councillors Morocco, Kerrio and Gates opposed. MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati offered condolences to Councillor Pietrangelo on the recent passing of his uncle, Steve Lafferty. Mayor Diodati extended congratulations to Ray Miller, City employee, on his recent retirement. Mayor Diodati advised of recent events: Grand Opening of LCBO on Portage Road, Earth Week events, Coronation Centre Annual Volunteer Recognition Event, Kemp Financial Group Grand Opening, China Travel Forum, National Day of Mourning, Steps for Life Walk, Father Tony McNamara Athletic Centre opening at St. Mike's, Food Basics Opening, International Karate Federation Conference, Niagara Arts&Crafts Exhibit Grand Opening, Bikers Rights Organization Cover the Kids Run, Crossfit Queenston Heights Opening, Niagara Falls MS Walk, McHappy Day, Annual Police Tug of War, Niagara Concerts, Westlane's 10th Anniversary Aids Walk, Meadows of Dorchester Volunteer Appreciation Lunch, Battle of the Atlantic Service, Niagara Days at Queen's Park, Mayor Diodati Advised of Upcoming Events: River Road Retirement Ribbon Cutting, Relay for Life at St. Paul High School, 8th Annual Rankin Run, Annual LS Walk and the125th Anniversary Celebration for Dobbie's Florists. - 5 - May 14, 2013 Council Minutes x x x x x COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 . TAPS Brewing Co. - requesting relief from the City's Noise By-law for various events in the summer. RECOMMENDATION: For the approval of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the request be approved. Carried Unanimously 2. Rotary Club of Niagara Falls Sunrise Ribfest - requesting relief from the City's Noise By-law for Ribfest and that the event be declared of municipal significance to allow for the provision of a Special Occasions Permit (SOP) liquor licence. RECOMMENDATION: For the approval of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the communication be approved. Carried Unanimously 3. Celebrate Old Downtown/ Springlicious - requesting various in-kind services, fee waivers, relief from the Noise By-law and that the event be declared of municipal significance to allow for the provision of a Special Occasions Permit (SOP) liquor licence. RECOMMENDATION: For the consideration of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the request be approved. Carried Unanimously 4. Downtown B.I.A. - requesting approval of their annual budget. RECOMMENDATION: For the approval of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the request be approved. Carried Unanimously 5. Chippawa Public Dock Committee-requesting staff support and waiver of fees for the 3i° Annual Run for the Docks event on June 30, 2013. RECOMMENDATION: For the consideration of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the request be approved. Carried Unanimously 6. National Public Works Week - requesting that the week of May 19`", 2013 be proclaimed as "National Public Works Week". RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the request be approved. Carried Unanimously - 6 - May 14, 2013 Council Minutes 7. Spina Bifida and Hydrocephalus Awareness Month - requesting that June be proclaimed as "Spina Bifida and Hydrocephalus Awareness Month". RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the request be approved. Carried Unanimously 8. World Oceans Day - requesting that June 1s' be proclaimed as "World Oceans Awareness Day" and June 1s' - 8' as "World Oceans Week". RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the request be approved. Carried Unanimously 9. Canadian Tire Jumpstart Charities- requesting that May 25' be proclaimed as "Jumpstart Day". RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the request be approved. Carried Unanimously 10. National Health and Fitness Day - requesting that June 15' be proclaimed as "National Health & Fitness Day". RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the request be approved. 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,ACOUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. MW-2013-22 - Deerfield Neighbourhood Park (Phase 1), Tender Results and Update. The report recommends the following: 1 . The contract be awarded to the lowest bidder V. Gibbons Contracting Ltd. at the tendered price of $ 326,679.50 excluding HST. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. MW-2013-23 - Contract #2013-294-13, Prince Park Improvements Project. The report recommends the following: 1 . That the tender from Touchstone Site Contractors Inc. (650 Allanburg Road, Thorold ON. L2V 1A8) for the Prince Charles Park Improvements Project in the amount of $133,279.25 (excluding HST) be approved. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. - 7 - May 14, 2013 Council Minutes 3. That the 2013 Approved Capital Budget Expenditures be amended by the additional $30,000 for a total expenditure of $536,000. The additional expenditure is being funded from available funds in the Public Purpose Reserve. MW-2013-25 - Confirmation and Amendment Agreement Niagara Region/ Town of Niagara-on-the-Lake/ OPG Niagara Tunnel Project. The report recommends That the terms and conditions set out in the Confirmation and Amendment Agreement for the Niagara Tunnel Project be approved and further that the Mayor and Clerk be authorized to execute all necessary documentation. PBD-2013-26 - Commercial Building & Facade Improvement Grant Application. CB&FIG-2013-004, 2268321 Ontario Inc. (Fred Procopio)4238-4240 Bridge Street.The report recommends the following: 1 . That Council approve the Commercial Building Improvement Grant Application for 4238-4240 Bridge Street in the amount of $10,000, subject to the owner satisfying the program requirements including obtaining the required permits. 2. That the Mayor and Clerk be authorized to sign and execute the agreement. PBD-2013-35-Commercial Building& Facade Grant Application, New City Properties Ltd. (Gary Dixon). 4600 Queen Street. The report recommends the following: 1. That Council approve the Commercial Building & Facade Improvement Grant Application for 4600 Queen Street in the amount of $19,000, subject to the owner satisfying the program requirements including obtaining any required permits. 2. That the Mayor and Clerk be authorized to sign and execute the grant agreement. PBD-2013-36 - DB-2013-002 Deeming By-law Application North Side of Frederica Street. Applicant: 800460 Ontario Limited. Proposed Residential Development. The report recommends that Council pass the by-law appearing on tonight's agenda to deem Lots 60, 61 and 62, Plan 44, to no longer be within the registered plan of subdivision to enable them to merge. PBD-2013-37 - Matters Arising from Municipal Heritage Committee, 2013 Designated Property Grant Application. The report recommends the following: That Council approve the alteration/restoration projects and grants for the following designated properties: (a) Mitchell Cottage, 3360 St. Patrick Avenue, owners Ron and Joan Brown for the structural repair of the log lintel and stucco exterior on the south wall; (b) Alexander Robinson House, 3289 St. Paul Avenue, owners Phil and Kym Cody for the cost of the accurate reproduction of 3 windows; (c) Egerton-Morton House, 6145 Corwin Avenue, owner Jon Jouppien for the reconstruction of storm windows; (d) Doran Marshall Burke House, 4851 River Road, owners Gary and Carolyne Burke, for the replacement of one half of the cedar shingles on the Coach House. R&C-2013-09 - Allister Young Arts & Culture Endowment Fund 2013 Recipient. The report recommends That Council approve Lynzey Ruscitti as the 2013 Allister Young Arts & Culture Endowment Fund Recipient. TS-2013-20 -Speed Limits on Rural Roads.The report recommends that 60 and 70 km/h speed limits be established on rural roads as outlined in this report. ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that the reports on the Consent Agenda be approved as recommended. Carried Unanimously - 8 - May 14, 2013 Council Minutes ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that staff look at the possibility for 60 km/hr speed limits for Oakwood Drive, south of McLeod Road and Kalar Road, north of Mount Carmel Boulevard. Carried Unanimously RESOLUTIONS NO. 22 - PIETRANGELO - THOMSON - Therefore be it resolved that Council consents to Celebrate Old Downtown's desire to allow for alcohol to be carried on the closed street for this year's Springlicious; and FURTHER BE IT RESOLVED that Niagara Falls City Council considers the sixth annual Springlicious as an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. Carried Unanimously NO. 23 - PIETRANGELO - THOMSON - 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 Licence (SOP) for the event. Carried Unanimously BY-LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the by-laws be given a first reading. Carried Unanimously 2013-72 A by-law to declare part of Lot 35 Stamford and part of Lot 70 Stamford, Plan 51 and shown on Schedule "1", surplus. 2013-73 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Standing Prohibited, Parking Prohibited, Stop Signs at Intersections, Prohibited Turns) 2013-74 A by-law to establish Block A on Plan NS10 as a public highway, to be known as and to form part of Lepp Avenue. 2013-75 A by-law to provide for the adoption of Amendment No. 110 to the City of Niagara Falls Official Plan (AM-2013-001). 2013-76 A by-law to amend By-law No. 79-200, to change the zoning of the Lands to a site specific NC zone, to permit a neighbourhood commercial development (AM-2013-001). 2013-77 A by-law to amend By-law No. 79-200, to change the zoning of the Lands to a site specific I zone, to permit a vineyard, winery and retail store as secondary uses to a religious institution (AM-2013-004). 2013-78 A by-law to designate Lots 242, 319, 320 and 321, Registered Plan 40 to be deemed not to be within a registered plan of subdivision (DB-2013-001). 2013-79 A by-law to designate Lots 60, 61 and 62, Plan 44 to be deemed not to be within a registered plan of subdivision (DB-2013-002). 2013-80 A by-law to designate the property known as 4888 Hunter Street, being PIN 64344-0136 (LT) and being further described as Lot 472, Plan 9, Town of Niagara Falls within the City of Niagara Falls, to be of cultural heritage value and interest. - 9 - May 14, 2013 Council Minutes 2013-82 A by-law to authorize the execution of an Agreement with the Niagara Falls Fitness Studio & Wellness Café respecting the Adopt-A-Program public service program for volunteers. 2013-83 A by-law to authorize the execution of an Agreement with the Stamford Interact Club respecting the Adopt-A-Program public service program for volunteers. 2013-84 A by-law to amend by-law 2011-61, a by-law provide for citizen appointments to certain Committees. 2013-85 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 14th day of May, 2013. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the by-laws be given a second and third reading. Carried Unanimously NEW BUSINESS Chippawa Parking That staff investigate bringing parking rates and times in Chippawa in line with the rest of the City and enhancements to the south side of the Welland River. Carried Unanimously Walker Family Cancer Centre That a letter of congratulations and appreciation be sent from the Mayor's office to the Province and the Walker Family on the ope4ning of the Walker Family Cancer Centre. Carried Unanimously ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves that the meeting be adjourned at 7:40 p.m. Carried Unanimously OP • DEAN IORFI , CITY CLERK JAMES M. DIODATI, MAYOR