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2013/06/11 TENTH MEETING REGULAR COUNCIL MEETING June 11, 2013 Council met on Tuesday, June 11, 2013 at4:30 p.m. for an In Camera session. All members of Council were present, except for Councillor Wing. NO. 19 - IOANNONI - MOROCCO - THEREFORE BE IT RESOLVED THAT on Tuesday, June 11, 2013 Niagara Falls Council will go into a closed meeting to consider matters that fall under 239(2)(f) solicitor-client advice related to the Niagara Military Museum lease, an MOU and Sign Licence agreement related to a location at Montrose and Lyon's Creek Road and the Gale Centre. Carried Unanimously Following consideration of the items presented, the In Camera Session did rise and report in open session. Council met in Council Chambers at 5:45 p.m. Councillor Mayes offered the Opening Prayer. All members of Council were present, except Councillor Wing. ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that the minutes be approved. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Kerrio indicated a conflict to CD-2013-03, as he owns establishments that are being referred to. REPORTS 1. CD-2013-03 - Victoria Centre BIA By-law Enforcement The report recommends the following: That Council provide direction on enforcement in the Victoria Centre BIA on issues of sandwich boards, banners on patio railings and outdoor merchandise; and That staff review commercial parking lots for compliance; and That future sidewalk café applications in Victoria Centre BIA adhere to the Sidewalk Café Guidelines; and That the Victoria Centre BIA be requested to make outreach to their members on beautification! aesthetics issues. - 2- June 11, 2013 Council Minutes ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that 1. That consideration of changes in our enforcement practices be deferred until the implementation of the streetscaping plan. 2. That staff review commercial parking lots for compliance. 3. That future sidewalk café applications in Victoria Centre BIA adhere to the Sidewalk Café Guidelines. 4. That the Victoria Centre BIA be requested to make outreach to their members on beautification/ aesthetics issues. Carried Unanimously with Councillor Kerrio declaring a conflict. 2. R&C-2013-11 - Gale Centre Maintenance Concerns The report recommends the following: 1. That staff complete the tender process for the required maintenance project and award the contract to the lowest qualified bidder. 2. That new City facility projects include a budget for a full commissioning and inspection process prior to substantial completion. 3. That the equipment modifications identified in the Gale Centre Energy report be referred to the 2014 budget process. ORDERED on the motion of Councillor Mayes, seconded by Councillor loannoni that the following be approved: 1 . That all legal options be explored and rectification be sought through the original contractors. 2. That staff complete the tender process for the required maintenance project and award the contract to the lowest qualified bidder. 3. That new City facility projects include a budget for a full commissioning and inspection process prior to substantial completion. 4. That the equipment modifications identified in the Gale Centre Energy report be referred to the 2014 budget process. Carried Unanimously 3. F-2013-25 - Blackberry and Cell Phone Update The report recommends that Council receive the Blackberry and Cell Phone update report for information purposes. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Thomson that staff develop a criteria/policy for the determination of who receives City issued Blackberries/Cell phones and report back to Council. Carried Unanimously - 3- June 11 , 2013 Council Minutes PRESENTATIONS/DEPUTATIONS 7:00 P.M. Mayor's Youth Advisory Committee Connor Bitter and George Liu, Co Chairs of MYAC did a presentation on the Committee's activities for the year including the survey they did on Youth Opinions on Recreation and Transportation. Sam Woodcroft and Natalie Janvary, Giving Back Sub Committee Chair, made a cheque presentation to Niagara Suicide Prevention Coalition represented by Niagara Suicide Prevention Coalition member, Janice Cassey and Niagara Youth Suicide Prevention Sub Committee Members, Tabitha Tonnies and Cedryk Deschatelets. Arts & Culture Allister Young Arts & Culture Endowment Mayor Diodati and_Priscilla Brett, Chair of the Arts & Culture Committee presented Lynzey Ruscitti, the 2013 Allister Young Arts & Culture Endowment Fund Recipient. Museum Advisory Board Don Jackson and Gord West of the Museum Advisory Board informed Council of the activities going on in the coming months at the Museum and in association with the 1999" anniversary of the Battles of Chippawa and Lundy's Lane. PLANNING MATTERS 7:00 P.M. Public Meeting PBD-2013-41, AM-2013-007, Zoning By-law Amendment Application, 7361 Pin Oak Drive. Applicant: 1578954 Ontario Ltd. and Royal Auto Collision Ltd. Agent: Rocco Vacca, Sullivan Mahoney LLP. Proposed Retail Stores The Director of Planning, Building & Development reviewed the recommendations and provided the following information. Proposed Application A Zoning By-law amendment is requested to permit retail stores on the properties with no plans to enlarge the existing building at this time. The properties are currently zoned General Commercial with site specific provisions that only permit retail stores that are ancillary to another permitted use. The request to permit retail stores is to be accommodated by repealing the current site specific zoning and apply new site specific zoning. The current zoning includes holding (H) provisions which prohibit new uses from establishing until the property owner has provided proportionate financial contributions to the QEW/McLeod Rd interchange improvements. The holding provisions are proposed to be replaced with ones that require contributions prior to the floor area of the building being expanded which is consistent with the agreement. Neighbourhood Open House was held on May 9, 2013. No neighbours attended . - 4- June 11, 2013 Council Minutes Planning Analysis Official Plan The subject properties are designated Major Commercial in the City's Official Plan and are part of the Niagara Square Retail District. Improvements to the QEW/McLeod Rd interchange are necessary to accommodate the traffic from new commercial developments in the area. The proposal complies with the OP as follows: • Current policies, approved in 1993 permit the subject properties to be developed with retail uses that would reinforce the District • Due to small size of the properties, any retail stores would be small in scale. • A small retail and commercial development here would be complementary to Niagara Square and to other larger commercial developments in the district. In keeping with the Official Plan, the amending by-law should include a holding (H) provision to require proportional contributions to the QEW/McLeod Rd interchange improvements. Zoning The current GC-20, GC(H)-907 and GC(H)-908 zoning of the properties permits all the uses permitted by the GC zone (except retail stores) as well as an automobile service shop and gasoline bar, and a retail store that is ancillary to another permitted use. These zoning regulations remain from a time when Official Plan policies were more restrictive and directed that the subject properties only be developed for non-retail and automotive uses. The applicant's request can be accommodated by repealing the existing site specific zoning and replacing it with a new site specific GC zone that permits all the uses in the GC zone (including a retail store), an automobile service centre, a gasoline bar and a public garage, auto body. It is also recommended that the current holding (H) provision be replaced by a provision that prohibits an expansion to the floor area of the building prior to making the necessary contributions. Conclusion The amendment can be supported as follows: • The properties are designated Major Commercial and are intended to be developed with retail stores and other commercial uses complement and enhance the function of the Niagara Square Retail District. • The properties are also subject to Special Policy Area "63" in the Official Plan which allows Council to apply a holding (H) provision to require contributions to fund required road improvements to the QEW/McLeod Rd interchange. • The amending By-law should include a holding (H) provision to require proportional contributions to the QEW/McLeod Rd interchange improvements prior to the floor area being expanded. Recommendation That Council approve the Zoning By-law amendment application to add retail stores to the list of permitted uses on the properties; That the amending by-law include a holding (H) provision to require proportional contributions to the Queen Elizabeth Way (QEW) McLeod Rd interchange improvements prior to the floor area of the building being expanded. Lana Sgambelluri, Sullivan Mahoney, indicated her client was in agreement with the report and asked for Council's approval. - 5- June 11, 2013 Council Minutes The Public Meeting was Closed. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that the report be approved as recommended. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati offered condolences to Melanie and Shawn Oatley, city employees, on the passing their grandfather Gerard Marier, to the family of Ross Angiers, who worked at the Memorial Arena, to the family of Raffaele Fabiano, a retired City employee and to the family of Alex Greaves, former Director of Planning for the City. Mayor Diodati advised of recent events: FCM Conference, 501" Anniversary Snow Bird Show, Cardiac Diagnostic Clinic Opening on Main Street, Becky's Believers' Bake Sale in benefit of Canadian Cancer Society's Relay for Life, Annual Tourism Week Kick off, OFSAA Girls Soccer Banquet, Premier's Award for Safe and Accepting Schools presented to St. Michael High School,the David Gregory MacKinnon Memorial Foundation Teen Links Golf Classic, Comic Con at the SCCC, the City Retirees Luncheon, and the National Health Leadership Conference. Mayor Diodati advised of upcoming events: Dr. Ben Pang returning to Niagara Falls to set up practice with his father, Rotary Rib Fest, Mayor's Disability Advisory Committee BBQ, the Laura Secord Bicentennial Commemorative Walk, the Stamford Volunteer Firefighters annual carnival, Bird Kingdom 10'" Anniversary, Lyndsefarne 2013 Season Launch at Seneca Queen Theatre. • * * • * COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 . Victoria Centre BIA- requesting use of the City-owned former rail line property for their proposed "Summer of Thrills Event 2013". RECOMMENDATION: For the Consideration of Council, subject to appropriate inspections and other related approvals. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the Council approve use of the property subject to appropriate inspections and other related approvals. Carried Unanimously 2. Brad Bell - requesting that St. Pat's Church cease bell ringing. RECOMMENDATION: Receive and file. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the communication be received and filed. Carried Unanimously 3. Nazionale Congresso Italia Canada - requesting a flag raising on June 24`". RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the request be approved as recommended. Carried Unanimously - 6- June 11, 2013 Council Minutes 4. Parks and Recreation Ontario-that June be proclaimed as"Recreation and Parks Month", in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the request be approved as recommended. Carried Unanimously RATIFICATION OF "IN CAMERA" MATTERS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates that the recommendations from the June 11`", 2013 meeting be approved: 1 . L-2013-25 Grassi (Josefa)Memorandum of Understanding and Sign Licence Agreement. New Niagara South Hospital. Montrose and Lyon's Creek Roads RECOMMENDATION: 1. That Council approve the Memorandum of Understanding on the By-law section of the agenda and that the Mayor and Clerk be authorized to execute the MOU. 2. That Council approve the execution by-law authorizing the Director of Business Development to execute the Licence Agreement relating to a sign advertising the location of the new Niagara South Hospital. 2. L-2013-26 Niagara Military Museum Lease RECOMMENDATION: 1. That staff be directed to include a mutual termination clause (90 days)in all Lease Agreements between the City and volunteer or nonprofit organizations, including the Niagara Military Museum. 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. F-2013-36 - Low-Income Seniors' Water Rebate/Property Tax Rebate. The report is recommended for the Information of Council. PBD-2013-43 -Commercial Building & Facade Improvement Grant Application CB & FIG 2013-006, 1788800 Ontario In. (John Stankovic). 4632 Victoria Avenue.The report recommends: 1 . That Council approve the Commercial Building & Facade Improvement Grant Application for 4632 Victoria Avenue in the amount of$10,000, 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. - 7- June 11, 2013 Council Minutes TS-2013-28 - Oakwood Drive - Speed Limit Review. The report recommends that the speed limit on Oakwood Drive between Montrose Road and a point 1,000 metres south of McLeod Road be increased from 50 km/h to 60 km/h. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the recommendation reports in the Consent Agenda be approved and that Cec Amadio, of Jellystone Park, be provided a copy of the Oakwood Drive report. Carried Unanimously RESOLUTIONS NO. 25 -PIETRANGELO-MAVES-THEREFORE BE IT RESOLVED that Council consent to Centennial Square being the venue for the proposed concert series; and FURTHER BE IT RESOLVED that the Council consent to relief to the City's Noise By-law to allow music to be played until 11:00 p.m. FURTHER BE IT RESOLVED that Niagara Falls City Council considers the "Music in the Park" and "Canada Day"of municipal significance and supports the provisions of a Special Occasion Liquor Licence (SOP) for the events. 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 2013-94 A by-law to amend By-law No. 79-200, to change the zoning of the Lands to a site specific R2 zone, to permit the construction of a semi-detached dwelling (AM-2013-003). 2013-95 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Limited Parking, Loading Zones, Speed Limits on Highways - (Part 1 - 40 km/h), Speed Limits on Highways - (Part 2 - 60 km/h) 2013-96 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Speed Limits on Highways - (Part 2 - 60 km/h)) 2013-97 A by-law to amend by-law 2013-82, being 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. 2013-98 A by-law to authorize the execution of a Memorandum of Understanding dated June 11, 2013, respecting the City's commitment to the Niagara South Hospital. 2013-99 A by-law to authorize the execution of a Permission to Use Lands Agreement dated June 11, 2013, respecting the City's licence to use a portion of Josefa Grassl's lands for the installation and maintenance of a sign advertising the future site of the Niagara South Hospital. 2013-100 A by-law to authorize the execution of an Amending Subdivision Agreement with 1340258 Ontario Inc. respecting Warren Woods Subdivision. 2013-101 A by-law to establish Part of Township Lot 209 Stamford being Parts 21 and 23 on Reference Plan 59R-13527 as a public highway, to be known as and to form part of Kalar Road. - 8- June 11, 2013 Council Minutes 2013-102 A by-law to authorize the execution of an Agreement with Dr. Rosemary Okafor dated June 11, 2013, respecting the physician's commitment to practice medicine in the City. (Hand-out) 2013-103 A by-law to authorize the execution of an Agreement with Dr. Benjamin Pang dated June 11, 2013, respecting the physician's commitment to practice medicine in the City. (Hand-out) 2013-104 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 11`h day of June, 2013. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the by-laws be given a second and third reading. Carried Unanimously NEW BUSINESS Wrestling ORDERED on the motion of Councillor Gates, seconded by Councillor Kerrio that Council petition the I.O.C. to keep wrestling in the Olympics. Carried Unanimously * * * * * ORDERED on the motion of Councillor Mayes, seconded by Councillor Kerrio that the meeting be adjourned at 8:25 p.m. Carried Unanimously(13eigiut DEAN IORFI BA, CITY CLERK JAMES M. DIODAT , MAYOR