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04/08/2014 SIXTH MEETING REGULAR COUNCIL MEETING April 8, 2014 Council met on Tuesday, April 8, 2014 at 4:00 p.m. for an In Camera session. All members of Council, except Councillor Maves, were present. NO. 6 - DIODATI- MOROCCO- THEREFORE BE IT RESOLVED THAT on April 8, 2014 at 4:00 p.m., Niagara Falls Council will go into a closed meeting, prior to their regularly scheduled meeting at 5:00 p.m. to consider matters that fall under s. 239(2)(e), litigation or potential litigation, including matters before administrative tribunals, and s. 239(2)(f), solicitor-client advice, related to the water billing at 6380 Fallsview Boulevard, the Ontario Municipal Board appeal on the City's Zoning By-law Amendment (6015 Barker Street), litigation related to the glycol leaks at the Gale Centre and the Junior "B" licence agreement. Following consideration of the items presented, the In Camera Session did rise and report in open session. Council met on Tuesday, April 8, 2014 at 5:35 for the purpose of considering Regular Business matters. Councillor Pietrangelo offered the Opening Prayer. All members of Council, except Councillor Maves, were present. ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that the minutes of March 25, 2014 be approved, as amended. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Wing indicated a conflict with the In Camera matter pertaining to the Ontario Municipal Board appeal on the City's Zoning By-law Amendment (6015 Barker Street) and regarding MW-2014-12, as she has a competing project. Councillor Pietrangelo indicated a conflict with PBD-2014-19, as his employer, the Niagara District Catholic School Board, provided comments on the application. Councillor Morocco indicated an indirect pecuniary interest to cheque number 372092,made payable to her spouse. PRESENTATIONS/ DEPUTATIONS Niagara Innkeepers Group 5:00 Devanshu Narang and representatives of the Niagara Innkeepers Group addressed Council on the difficulties being experienced by their sector, how the installment dates put them at a disadvantage and how the vacancy definitions are problematic for them. -AND- - 2 - April 8, 2014 Council Minutes F-2014-19, Tax Policy The report recommends that staff review the installment for interim tax installment dates for 2015 and report to Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that Staff report back on interim tax installment dates for 2015 and investigate how the issue of vacancy rebates is handled in other municipalities. Carried Unanimously Policing Costs 5:30 Jim Collard, Councillor, Niagara-on-the-Lake, made a presentation on Police Servicing Costs and requested Council's support the related resolution from Niagara-on- the-lake. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that Council support the resolution of Niagara-on-the-Lake calling on the Region to research other funding options for the provision of police services to local municipalities that are fair and equitable. Carried Unanimously Smoke-Free Outdoor Spaces 6:00 Maria Brigantine, Manager, and Gillian Chappell, Health Promoter of the Chronic disease and Injury Prevention section of the Niagara Region Public Health Department advised Council of the implementation of the Smoke-Free Outdoor Spaces By-law passed by the Region and supported by Niagara Falls City Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher that the presentation be received. Carried Unanimously MW-2014-12 - Lundy's Lane Battlefield Gateway Project RFP 6-2014. The report recommends the following: That Council direct staff to proceed with one of the following alternatives regarding the Lundy's Lane Battlefield Gateway Project. 1. RFP6-2014 be awarded to Stevensville Lawn Services Inc. at the revised bid price of$818,285 (excluding HST) and further that funding in the amount of$540,506 be approved; or 2. That RFP6-2014 be cancelled and staff be directed to re-tender the project pending an investigation into additional funding opportunities from private and public sources; or 3. That RFP6-2014 be cancelled and the entire project referred to the 2015 Capital Budget process. Don Jackson and David Jovanovic, made a presentation to Council on the importance of the project. ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that recommendation # 2 be approved. Carried Unanimously with Councillor Wing declaring a conflict. - 3 - April 8, 2014 Council Minutes 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. MW-2014-16 - Gale Centre Access - Multi Purpose Trail, Municipal Class EA - Final Recommendations. The report recommends the following: 1. That Council adopt the recommendations as set out in the Environmental Study report for the Gale Access/Multi-Purpose Trail Municipal Class Environmental Assessment. 2. That staff be directed to advertise the Notice of Study Completion as set out in the Municipal Class EA process. 3. That staff be directed to initiate a meeting with the Fourth Avenue residents to determine appropriate traffic measures on Fourth Avenue given the preferred alternative. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that the report be deferred until a meeting has been set up with the area residents. Carried Unanimously CD-2014-05-Adult Entertainer Hearings, March 25.The report recommends that based on the recommendation of the Adult Entertainment Appeals Committee, as per section 25(1) of the Live Adult Businesses By-law, the appellants receive a six-month probationary licence. BDD- 2014-01 -AMO Response to Request for Proposal. The report recommends that a resolution be submitted to the Association of Municipalities of Ontario (AMO) in response to their Request for Proposals for the selection of a host municipality for their 2018, 2019, and 2020 Annual General Meeting, Conference and Trade Show indicating that the City of Niagara Falls is willing and able to host these events. F-2014-15 - Municipal Accounts. The report recommends that Council approve the municipal accounts totaling $27,925,864.17 for the period February 27, 2014 to March19, 2014. MW-2014-15 - Frozen Water Services. The report recommends that this report be received, filed, and the attached policy be adopted. PBD-2014-20 - Commercial Building & Facade Improvement Grant - DRU-2014-002 Revitalization Grant Application - DRU-2014-003, 5905-5929 Main Street. Applicant: Morse & Son Funeral Home. The report recommends that Council approve the Facade Improvement Grant, Commercial Building Improvement Grant and Revitalization Grant Application for 5905-5929 Main Street (Morse Funeral Home), subject to the owner satisfying the program requirements. PBD-2014-22 -Memorandum of Understanding for Improving the Planning Function between Niagara Region, the local Area Municipalities and the Niagara Peninsula Conservation Authority. The report recommends the following: - 4 - April 8, 2014 Council Minutes 1. That Council endorse the Memorandum of Understanding for Improving the Planning Function between Niagara Region, the Local Area Municipalities and the Niagara Peninsula Conservation Authority and that the Mayor and Clerk be authorized to sign the Memorandum on behalf of the City. 2. That staff implement the Memorandum in collaboration with Niagara Region, the Local Area Municipalities and the Conservation Authority. PBD-2014-24 - DRU-2014-001 - Commercial Building & Facade Improvement Grant, 5799-5803 Main Street. Applicant: Zimakas Holdings. The report recommends that Council approve the Facade Improvement Grant and Commercial Building Improvement Grant Applications for 5799-5803 Main Street (Zimakas Holdings) subject to the owne satisfying the program requirements. R&C-2014-03 - Request to Honour Samuel Zimmerman. The report recommends that Council approve the request to honour Samuel Zimmerman with a story board and also work with appropriate City Staff and Committees to determine the final location and design. TS-2014-14-Transit Service Update.The report recommends that this report be received for the information of Council. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Fisher that the remainder of the reports on the Consent Agenda be approved as recommended. Carried Unanimously PLANNING MATTERS 7:00 P.M. Public Meeting PBD-2014-21 -AM-2013-018 -Zoning By-law Amendment Application, 8267 Thorold Stone Road. Applicant: Charles Dyer. Proposed Gas Bar Proposed Application The lands are currently zoned Neighbourhood Commercial with site specific regulations that permit a neighbourhood commercial plaza. The change requested is to add a gas bar to the list of permitted uses. Neighbourhood Open House Open houses were held on January 8 and then on February 19, 2014 to present a revised plan. Both meetings were well attended by the neighbours. Concerns expressed included the following: • Potential for gas fumes and impact on air quality • Increased traffic congestion on Thorold Stone Road • Safety of school children • Concerns about traffic entering and leaving site at Kalar Road • Timing of fuel deliveries • site design concerns including fencing, lighting, and screening of rooftop mechanical equipment Opposition to the proposal has been received via telephone calls, letters and emails from are residents. Planning Analysis Official Plan & Secondary Plan Land is designated Residential in the City's Official Plan. - 5 - April 8, 2014 Council Minutes The project conforms with the City's Official Plan as follows: • Neighbourhood commercial uses are allowed as ancillary uses. The Gas bar will operate in conjunction with a convenience store and is considered compatible with the commercial use. • NC policies provide that limited small scale commercial development is permitted subject to appropriate zoning provisions. • The proposed uses are intended to provide for the day-to-day needs of nearby residents. • The site was identified for commercial purposes because it is conveniently and appropriately located to serve primarily area residents. • Traffic generating uses should be located on arterial roads to minimize impacts on area residents which this site is. • Preferred location of fuel bars is to be on arterial roads in commercially designated areas. While preference is given to commercial areas, the policy is flexible to allow other lands to be considered. Arterial roads minimize the impact of vehicular movement. • The site provides increased landscaping and building separation distances from residents. • The Northwest Secondary Plan identifies these lands along with Gales Gas Bar, Canadian Tire Gas Bar and Somebuddy's Plaza for local convenience uses. Zoning Neighbourhood Commercial with site specific regulations (NC-714). Permits a 1,115 sq. m. (12,000 sq. ft.) neighbourhood commercial plaza. Site specific regulations establish building setbacks and allow some uses to have larger maximum floor areas. In assessing the new site specific NC zone to add a gas bar to the list of permitted uses, staff compared the proposal with the established regulations for a gasoline bar. It was determined that this proposal met or exceeded most of the established regulations of the NC and AS zone, as follows: • Proposed gas pumps 31m from northerly (school) lot line whereas AS regulations 6m • interior side yard 2.5 m (school) whereas NC zone would not require a side yard; • Minimum rear yard (residential) depth 10 m whereas proposed pumps and canopy are setback 25 m • Exterior yard of 10.38 m whereas AS regulations 6 m • Maximum lot coverage 40% whereas proposed is 13% • Maximum building height in NC is 8 m. The store is to be less than 8m. The standard height for a canopy in the AS zone is 5.0 m whereas 5.5m is proposed. Conclusion The amendment can be supported as follows: • The City's Official Plan allows for neighbourhood commercial uses as ancillary uses in Residential areas; • The lands are one of four sites along Thorold Stone Road that were identified for local convenience uses through the Northwest Secondary Plan; • The lands are conveniently located to serve area residents and appropriately located at the intersection of two arterial roads, to minimize traffic disturbances for area residents; • The site is approved for a 12,000 sq ft neighbourhood commercial plaza — the proposal is significantly smaller, being a 3,509 sq ft retail store. The gas bar (five pump islands) is considered acceptable commercial use as a convenience store. - 6 - April 8, 2014 Council Minutes • A Traffic Impact Study concludes that the proposal will not generate a significant number of new vehicle trips and that after the uses are established, the intersection will continue to function at an acceptable level; • Appropriate regulations for the gas bar adjacent to institutional and residential uses can be addressed through the site specific by-law; and, • Details regarding entrances, lighting, screening of rooftop mechanical equipment, fencing, landscaping and parking and loading can be appropriately finalized through Site Plan Control. Recommendation That Council approve the Zoning By-law amendment application to add a gas bar to the list of permitted uses on the lands and to establish regulations, as detailed in the staff report to control the development. That the neighbours be invited to participate in the site plan process Marisa Ricci, 5902 Church's Lane, speaking on behalf of his parents, who's backyard is facing the proposal, stated that his parents are strongly opposed to the proposed gas bar. Anthony Martuccio, 4139 Kalar Road, expressed his concerns with the proposed gas bar. He does not feel this type of development is what should be supported due to the close proximity to the elementary school and residential dwellings. The area is already has a high traffic volume and this would add to the congestion, in his opinion. Brian Sinclair, representing Karen DeGeorgio,the owner of the land, argued that the use is not intensive, at all, the gas industry is heavily regulated and the school board is not in opposition to the project. Heather Thomas, 8216 Thorold Stone Road, is opposed to the proposal and questioned whether the school parents were aware of the proposal. Anthony Vacca, 8270 Thorold Stone Road, owner to a property across the street, and questioned the rationale of the project. Kim Sirianni, a parent of children at the nearby school, reiterated the concerns of having school children near a gas bar. Sara Premi, Sullivan Mahoney, representing the applicant, Charles Dyer, appreciated the Planning staffs report and recommendation. She pointed out that no commenting agencies are opposed to the application and reiterated the school board's position, including their acceptance of the traffic study. With regard to the gas bar/convenience store, the operation will exceed TSSA standards and the applicant is not putting in a drive thru, which is permitted as per the Zoning By-law. Charles Dyer, applicant, indicated that Macs Milk, his client has identified the corner as a strategic location. He outlined his company's commitment to the community, the enhanced landscaping proposed, the design elements, which will highlight safety, and the best efforts agreement with the school board. He welcomed neighbours to participate in the site plan process. The Public meeting was Closed. ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that Council deny the application. Councillor Fisher NAPE Councillor Morocco AYE Councillor loannoni AYE Councillor Pietrangelo Conflict Councillor Kerrio NAPE Councillor Thomson NAPE Mayor Diodati AYE Councillor Wing AYE Motion Carried - 7 - April 8, 2014 Council Minutes Public Meeting PBD-2014-19 - AM-2014-002, Zoning By-law Amendment Application, 5927 Thorold Stone Road. Applicant: Dr. Anthony Giallonardo. Agent: Michael Allen, ACK Architects. Proposed Clinic Proposed Application The lands are currently zoned General Industrial (GI) which does not permit commercial uses. Request to be changed to General Commercial (GC) which permits a variety of uses including a medical clinic. Neighbourhood Open House Open house was held on March 5, 2014. Two neighbours attended the open house. Neighbours had no objections to proposed rezoning, but concerns about storage of discarded building material and vehicles in rear yard of property and the condition of fence along rear lot line. Planning Analysis Official Plan Front portion of land is designated Major Commercial and rear portion is designated Residential in the City's Plan. The project conforms with the City's Official Plan as follows: • The proposed clinic and other uses permitted under the proposed zoning are permitted under the Major Commercial designation. • Commercial uses would • d generally be more compatible with the residential uses to the north and west of the lands than the industrial uses the property has historically been used for, and will provide a transition between these residential uses and the industrial uses to the east. • With the cessation of the industrial tenants over time, the development will evolve from an industrial to a commercial one as intended by the Official Plan. Zoning Current General Industrial (GI) zoning permits industrial uses, but not commercial uses. Requested to be changed to General Commercial (GC) which permits clinic which would be more compatible with adjacent residential lands than those uses permitted under GI zone. The change to GC zone will trigger the requirement for the commercial use of the land to meet the general provisions of the zoning by-law, including a close-board fence to be provided and maintained between any property used for non-residential purposes and abutting lands in a residential zone. Conclusion The amendment can be supported as follows: The City's Official Plan designates the front portion of the land Major Commercial and the rear portion as Residential. The proposal to use the entire property for commercial purposes is withing the intent ad purpose of the Official Plan. The proposed GC zoning of the property and its future use for commercial purposes will provide a better gradation in intensity of land uses between the residential properties to the - 8 - April 8, 2014 Council Minutes north and west and the industrial properties to the east, and will provide a more compatible arrangement of land uses. Michael Allen, representing the applicant, indicated that his client would be enhancing the property. Mr. Allen was in agreement with the staff report but advised that the property currently has a chain link fence and he asked the wood fence not be a requirement. The Public meeting was closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the recommendation report be approved with the deletion of the wood fence requirement. Carried Unanimously CAO-2014-01 - City of Niagara Falls Communication Plan. The report recommends that the City of Niagara Falls Communications Plan be adopted by Council. The report recommends that the City of Niagara Falls Communications Plan be adopted by Council. Councillor Fisher AYE Councillor Thomson AYE Councillor Kerrio AYE Councillor Wing AYE Councillor Mayes AYE Mayor Diodati AYE Councillor Morocco AYE Councillor Pietrangelo AYE Carried Unanimously RESOLUTIONS NO. 7 - PIETRANGELO- FISHER- Therefore be it resolved that the Niagara Falls City Council supports bids for our community to host the AMO Conference from 2018 to 2020. NO. 8 - PIETRANGELO- FISHER-Therefore be it resolved that Niagara Falls City Council considers the seventh annual Springlicious as an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. NO. 9-PIETRANGELO-FISHER-Therefore be it resolved that Niagara Falls City Council supports the provision of a Special Occasion Liquor Licence (SOP) for the Canada Day Festivities (June 30 - July 1) for this event of municipal significance. NO. 10 - PIETRANGELO - FISHER - Therefore be it resolved that Niagara Falls City Council consents to Centennial Square being the venue for the "Music in the Park" event, considers it as an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher that the resolutions be approved. Carried Unanimously - 9 - April 8, 2014 Council Minutes MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati's Aunt Lilly passed away, condolences to the family of the late Ken Feren, a former City Council member, and to Jeff Clayton, a city employee on the passing of his mother-in-law. Mayor Diodati advised of recent events: "The Ravine" at Lyndesfarne Theatre on Queen Street, Business After 5 at the Biz Centre, Southern Tier Mayors' lunch, A Royal Ascot Affair for Kidney Care, NHS fundraiser, World Autism Awareness Day flag raising, Broadway Bound fundraiser for Pathstone Mental Health, Chair Burroughs' State of the Region address, the grand opening of 1812 Grappling Academy, the Canadian Beer Fest at Scotiabank Convention Centre, Solving Niagara hosted by Niagara College. Mayor Diodati advised of upcoming events: Stair Climb for Cancer, "Super Pet" Photo Day at Pulp Comics, Masquerade for Mental Health hosted by the Mayor's Youth Advisory Committee, Coronation 50 Plus Annual Volunteer awards, Annual Easter Egg Hunt at Firemen's Park, Deerfield Park opening and Arbour Day Event, Community Clean Sweep Day, Niagara Food and Wine Expo at the Scotiabank Convention Centre, and the FCM Conference. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Drinking Water Week - request from Environmental Services section to proclaim the week of May 4`h to May 11`h as "Drinking Water Week". 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. A.M.O. - requesting support calling on the Provincial Government to reform joint and several liability and the "combined model". RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Morocco, seconded by Councillor Wing that the Council support the AMO recommendation and the "combined model". Carried Unanimously 3. YMCA Kate S. Durdan/Loretto Child Care - requesting a grant equal to the ice rental fees related to their Strong Kids Event. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the request be approved. Carried Unanimously 4. Celebrate Old Downtown-requesting a grant equal to road closure fees and other in-kind services for "Springlicious". RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the requests be approved. Carried Unanimously 5. Elizabeth May, Green Party- requesting support of Bill C-442, The National Lyme Disease Strategy Act. RECOMMENDATION: For the Consideration of Council - 10 - April 8, 2014 Council Minutes ORDERED on the motion of Councillor Wing, seconded by Councillor Thomson that Council indicate support of the Bill and circulate, accordingly. Carried Unanimously * * * * * BY-LAWS ORDERED on the motion of Councillor Fisher, seconded by Councillor Pietrangelo that the by-laws be given a first reading. Carried Unanimously 2014-44 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Loading Zones, Parking Meter Zones) 2014-45 A by-law to authorize the payment of$27,925,864.17 for General Purposes. 2014-46 A by-law to amend by-law 2011-063, a by-law to provide for Council member appointments to certain Boards, Commissions and Committees. 2014-47 A by-law to authorize the execution of a Memorandum of Understanding for Improving the Planning Function between Niagara Region, the Local Area Municipalities and the Niagara Peninsula Conservation Authority. 2014-48 A by-law to execute an encroachment agreement between the Corporation of the City of Niagara Falls and John and Sophoula Partheniou for a sidewalk between 5513 and 5511 Palmer Avenue. 2014-49 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 811h days of April, 2014. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher that the by-laws be given a second and third reading. * * * * * Carried Unanimously NEW BUSINESS Vecchi Property ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that staff assist in Mr. Vecchi's request to get services extended to his Garner Road property. Carried Unanimously La Farina ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the La Farina Development Charge issue be referred to staff for a report back. Carried Unanimously Humane Society ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that Council sponsor a round of trivia for $100.00. Carried Unanimously Skating Aids ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio refer the issue of skating aids to staff and that sponsorship opportunities be investigated. Carried Unanimously * * * * - 11 - April 8, 2014 Council Minutes ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that the meeting be adjourned at 9:45 p.m. Carried Unanimously •1411' / • DEAN IORFID , CIT CLERK JAMES M. DIODATI, AYOR