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07/08/2014 ELEVENTH MEETING REGULAR COUNCIL MEETING July 8, 2014 Council met on Tuesday, July 8, 2014 at 4:30 p.m. for an In Camera session. All members of Council, except Councillor Wing, were present. NO. 11 -DIODATI- MOROCCO- THEREFORE BE IT RESOLVED THAT on July 8, 2014 at 4:30 p.m., Niagara Falls Council will go into a closed meeting, prior to their regularly scheduled meeting at 5:00 p.m. to consider a matter that falls under s. 239(2)©, a proposed or pending acquisition of land related to 5628 Montrose Road. Following consideration of the items presented, the In Camera Session did rise and report in open session. Council met on Tuesday, July 8, 2014 at 5:10 p.m. for the purpose of considering Regular Business matters. Councillor loannoni offered the Opening Prayer. All members of Council, except Councillor Wing, were present. ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Morocco, seconded by Councillor Maves that the minutes of June 10, 2014, 2014 be approved. Carried Unanimously * * * * * DISCLOSURES OF PECUNIARY INTEREST Councillor Thomson indicated a pecuniary interest with report TS-2014-23, as the applicant is associated with his employer. Councillor Morocco indicated an indirect pecuniary interest to cheque numbers 373758 and 374350 made payable to her husband. Cheque# 374591, made payable to herself, was returned and cancelled. Councillor Maves indicated a conflict with Communication#4 as the property abuts his property and report BDD-2014-02, for the same reason. Councillor Kerrio declared a pecuniary interest with report F-2014-33-Development Charges, as it will have direct impact on him. Councillor Fisher indicated a conflict with report MW-2014-32, as she is a member of the community group spearheading the project. Councillor Pietrangelo indicated a pecuniary interest with ,cheque number 373578 made payable to the Niagara Catholic District School Board, his employer. Mayor Diodati indicated a pecuniary interest to cheque numbers 374053, 374060 and 373895 made payable to himself. * * * * * - 2 - Council Minutes July 8, 2014 REPORTS 5:00 - 7:00 P.M. Cultural Matters 1. R&C-2014-10 - City of Niagara Falls Culture Plan The report recommends the following: 1. That the City of Niagara Falls Culture Plan be approved in principle. 2. And that the Culture Plan be received and referred to staff to develop a detailed implementation plan based on the recommendations within the report. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Morocco that the report and presentation be deferred to the next term of Council. Carried Unanimously 2. CD-2014-09 - Buskers Follow-Up The report recommends that buskers be considered in the Cultural Precincts (Downtown and Main & Ferry B.I.A.'s). ORDERED on the motion of Councillor loannoni, seconded by Councillor Fisher that the report be deferred to the next term of Council. Carried Unanimously Development Charges Matters 1. F-2014-33 - Development Charges Study Report The report recommends that Council approve the proposed Development Charges Bylaw and rate structure included in the bylaw. Shannon Dawe, 4726 Montrose Road, runs a gymnastics studio. She advised that the current development charge rates put small businesses at a disadvantage, making it hard for her to expand her growing business. Staff were of the opinion that the new DC by-law would be better for Ms. Dawe's proposed relocation. Michael and Sandra DelDuca, Manager of Mausoleum,4764 Portage Road, advised Council that a Mausoleum should be exempt from DC's, as in other jurisdictions. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher that staff investigate the opportunity of entering into agreements for deferred DC payments for commercial properties. Carried Unanimously with Councillor Kerrio declaring a conflict. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher that the proposed Development Charges By-law be approved with mausoleums, cemeteries and columbaria being added to the exempted uses and that the exemption related to the expansion of non-residential buildings be increased to 3,000 square feet. Carried Unanimously with Councillor Kerrio declaring a conflict. * * * * * - 3 - Council Minutes July 8, 2014 MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati offered condolences to the following: the family of Arduino Gabrielli, retired City employee, family of Bruce McRae, retired City employee, to Faye Starostic a retired City employee on the passing of her husband Jake, John Willett, father of Wayne Willett, Platoon Chief, Bud Heximer, uncle of Wendy Canavan, City employee and to the family of Wilbert Dick, former Lord Mayor of Niagara-on-the-Lake and Regional Chair. Mayor Diodati advised of recent events: congratulations to newly elected MPP, Wayne Gates, Habitat for Humanity wood signing ceremony, 20th Anniversary Celebration of Oh Canada Eh!, Dog Park Awareness event, Stiletto Model and Talent Management Anniversary, Niagara Concerts, Traditional Indian Kite Festival and Picnic, Cats Kitchen and Bar grand opening, 61'Annual Rose and Flower Show, 50th Anniversary of Can-Eng Furnaces, 5'h Annual Deborah Robert Memorial Golf Tournament, Carillion Canada Golf Tournament, General Sport and Spine Physiotherapy Centre grand opening, Jeffro's BBQ Queen Street grand opening, and Stamford Court Senior Residence pre-Canada Day celebration. Mayor Diodati advised of upcoming events: Nicola Tesla Day, Dedication of the Lundy's Lane Archway, Bicentennial Commemoration of the Battle of Lundy's Lane, Ruth Redmond Family Ceremony, Wallenda Monument unveiling, Niagara Falls Community Health Centre Neighbourhood BBQ, and the 93rd Annual Flower and Vegetable Show. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1.a. Victoria Centre B.I.A. b. Fallsview B.I.A. c. Lundy's Lane B.I.A. - requesting approval of their respective 2014 budgets. RECOMMENDATION: For the approval of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the Victoria Centre B.I.A. and Fallsview B.I.A. budgets be approved and that the Lundy's Lane B.I.A. budget be approved conditional on approval from the B.I.A.'s membership at their upcoming general membership meeting. Carried Unanimously 2. Lundy's Lane B.I.A. - requesting that Council direct staff to proceed with the "Welcome to Lundy's Lane" component of the Streetscape Master Plan. RECOMMENDATION: Refer to staff. David Jovanovic, administrator for the Lundy's Lane B.I.A., implored Council to proceed with all aspects of the projects related to Lundy's lane and the gateway arch. ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the related, unfunded projects be funded through the OLG funds and that Council supports the BIA welcome signage component. Carried Unanimously - 4 - Council Minutes July 8, 2014 3. Niagara Falls Nature Club - requesting that City staff purchase a section of Bowman's Woods. RECOMMENDATION: Refer to staff. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher that the communication be referred to staff. Carried Unanimously 4. Stamford Centre Volunteer Fireman's Association - requesting grants equal to road closure costs and waiver of licence requirements for vendors for their Soap Box derby and related events. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that the request be approved. Carried Unanimously with Councillor Mayes declaring a conflict. 5. Director of Transportation Services—memo outlining protocols for enforcement of metered areas. RECOMMENDATION: For the information of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the communication be received and filed. Carried Unanimously * * * * * RATIFICATION OF "IN CAMERA" MATTERS ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the recommendations from the July 8th, 2014 meeting be approved: 1. F-2014-35 Council direct staff to send a request to the Ministry of Consumer Services of the Province of Ontario requesting that the City be allowed to use funds from the Cemetery Trust to acquire and develop properties for cemetery expansion. Motion Carried with Councillor Pietrangelo opposed * * * * * RESOLUTIONS NO. 13 -MOROCCO-IOANNONI-Therefore be it resolved that Niagara Falls City Council supports and submits the following Council resolution in compliance with the requirements of the Province of Ontario 's Ice Storm Assistance Program, in relation to storm events from December 2013. Carried Unanimously * * * * * - 5 - Council Minutes July 8, 2014 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-2014-02 - Velo Quebec Cycling Tour. The report recommends that Council grant relief to the Noise By-law, related to the time restrictions, for activities being held at Saint Paul Catholic High School on August 6th and 7th F-2014-31 - Major Receivables Monthly. The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F-2014-32 - Municipal Accounts. The report recommends that Council approve the municipal accounts totaling $31,481,827.09 for the period May 8, 2014 to June 18, 2014. FS-2014-02 - CMS Systems Agreement - Defibrillator Maintenance. The report recommends that the Fire Chief be authorized to execute the necessary contract documents. MW-2014-27 - Maple Street Sewer Separation, Watermain Replacement, and Road Reconstruction from Sixth Avenue to Third Avenue and First Avenue Sewer Separation and Road Reconstruction from Bridge Street to the North Limit. The report recommends the following: 1. The contract be awarded to the lowest bidder Demar Construction at the lowest price of $1,614,691.52. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents MW-2014-31 - Meadowvale and Taro North Drainage Areas. The report recommends that the report be received for information and filed. MW-2014-32 - Chippawa Boat Ramp Park, Shoreline and Ramp Erosion Protection Improvements. The report recommends the following: 1. That Council approve the commitment to fund its share of the ramp erosion protection works at the Chippawa Boar Ramp Park. 2. That the 2014 Capital Budget be amended to include the $100,000 project cost and allocate the City's $50,000 contribution from capital reserves. MW-2014-33 - Legal Agreement to Permit the Installation of Water Monitoring Wells on City Lands. The report recommends the following: 1. That the Director of Municipal Works be authorized to execute the necessary agreement to permit the Niagara Peninsula Conservation Authority (NPCA) and their associates to install water monitoring wells on City lands. 2. That the Director of Municipal Works be authorized to execute any future agreements pertaining to the installation of water monitoring wells on City lands. PBD-2014-37 - DOW-2014-004, 4549 Cataract Avenue, Facade Improvement Grant& Commercial Building Grant. Owner: 8763631 Canada Inc. Applicant: John Hozack. The report recommends that Council approve the Facade Improvement Grant and Commercial Building Improvement Grant Applications for 4549 Cataract Avenue(8763631 Canada Inc.) subject to the owner satisfying the program requirements. - 6 - Council Minutes July 8, 2014 PBD-2014-38 - Overview of Policies Concerning the Use of Cul-de-sac Streets. The report recommends that Staff conduct a meeting or workshop with the development industry and building contractors to explore the issues of long cul-de-sac streets and prepare appropriate Official Plan policies for consideration at a future public meeting before City Council. PBD-2014-39 - Matters Arising from Municipal Heritage Committee Update of Designating By-laws. The report recommends the following: That Council pass the updated Designating By-laws that are listed on tonight's agenda for the following properties: • 4325 Bampfield Avenue, First Bampfield House • 4267 Bridge Street, VIA Rail Station • 4190 Bridge Street, Former CIBC Bank • 3800 Bridgewater Street, Laura Secord House • 6172 Buchner Place, Buchner House PBD-2014-40 - CIP Residential Loan Program Application (4436 Queen Street) and (4444-4446 Queen Street). Applicant: 4436 Queen Street Ltd. The report recommends the following: 1. That Council approve the Residential Loan Program Applications, subject to the owner satisfying the program requirements. 2. That the Mayor and Clerk be authorized to sign and execute the loan agreement. R&C-2014-08 - Revision to Mayor's Youth Advisory Committee Terms of Reference. The report recommends that Council approve the revised Mayor's Youth Advisory Committee Terms of Reference. R&C-2014-09 - Share the Road Application. The report recommends: 1. That Council support the Share The Road application for the City of Niagara Falls to be recognized as a bicycle friendly community. 2. That Council approve a partnership with CAA to receive complimentary Share The Road decals and Watch for Bikes stickers to be placed on City fleet vehicles. TS-2014-21 -Subdivision Agreements-Update to Parking and Traffic By-law 89-2000. The report recommends that the regulatory signs outlined in this report be approved for the eighth and ninth phases of the Deerfield Estates Subdivision, and the first and second phases of the Chippawa West Subdivision. TS-2014-22 - Carlton Avenue - Parking Review. The report recommends: That the existing "No Parking Except by Disabled Permit" restriction on the west side of Carlton Avenue between Culp Street and a point 54 metres north of Culp Street is removed. TS-2014-23 - Bike Rickshaw Service - Fallsview Area. The report recommends: That a pilot project to allow the operation of a bike rickshaw service be permitted under the following conditions: 1) 7 days per week 2) dawn to dusk 3) until October 31, 2014 4) service only on Fallsview Boulevard 5) submission of appropriate insurance 6) confirmatory letter from the BIA 7) fulfilling any licencing requirements by the Niagara Regional Police and/or Niagara Region 8) the applicant be willing to change and/or cease operation should unreasonable - 7 - Council Minutes July 8, 2014 delays to traffic occur or safety issues arise as a result of the service 9) consideration to extend the service will be determined following the trial period October 31, 2014 ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the reports on the Consent Agenda be approved as recommended. Carried Unanimously PRESENTATIONS/ DEPUTATIONS Bicentennial of the Battle of Lundy's Lane Don Jackson addressed Council on the events commemorating the bicentennial of the Battle of Lundy's Lane. Celebrity Roast Steve Ludzik informed Council of his upcoming Celebrity Roast on August 15th benefitting the Steve Ludzik Centre for Parkinson's Rehabilitation at the Hotel Dieu Shaver Hospital. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that Council purchase a table to the fundraiser. Carried Unanimously YWCA Niagara Co-chair, Amy Hart, No Fixed Address planning committee, and Nicki Inch, YW Fund Developer informed Council of their No Fixed Address fundraiser for raising awareness about hidden homelessness in Niagara. * * * * * BY-LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher that the by-laws be given a first reading. Carried Unanimously 2014-80 A by-law to amend By-law No. 79-200, in accordance with an Order issued by the Ontario Municipal Board dated June 9, 2014, to permit a multiple unit residential development on the Lands (AM-2013-013). 2014-81 A by-law to amend By-law No. 83-19, being a by-law to designate 3800 Bridgewater Street, known as the Laura Secord House, to be of cultural heritage value and significance. 2014-82 A by-law to amend By-law No. 78-67, being a by-law to designate 4190 Bridge Street, known as the former Canadian Imperial Bank, to be of cultural heritage value and significance. 2014-83 A by-law to amend By-law No. 99-108, being a by-law to designate 4267 Bridge Street, known as the Grand Trunk (VIA) Railway Station, to be of cultural heritage value and significance. 2014-84 A by-law to amend By-law No. 81-78, being a by-law to designate 4325 Bampfield Street, known as the First Bampfield House, to be of cultural heritage value and significance. 2014-85 A by-law to amend By-law No. 98-85, being a by-law to designate 6172 Buchner Place, known as the Buchner House, to be of cultural heritage value and significance. 2014-86 A by-law to establish Block 124 on Registered Plan 59M-379 as a public highway, to be known as and to form part of Eagle Ridge Drive. - 8 - Council Minutes July 8, 2014 2014-87 A by-law to establish Development Charges in the City of Niagara Falls. 2014-88 A by-law to authorize the use of optical scanning vote tabulators for the purpose of the 2014 Municipal Elections 2014-89 A by-law to authorize the payment of$31,481,827.09 for General Purposes. 2014-90 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 8th day of July, 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 Swayze Drive - Traffic Problems ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that staff report back on traffic calming measures for Swayze Drive and surrounding area. Carried Unanimously Riverhawks Tournament ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the Riverhawks Tournament be charged the youth rate. Carried Unanimously Mansions of St. David's ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the rock on the trail at the Mansion's of St. David's be removed. Carried Unanimously Heartland Forest ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that staff provide assistance in filling the pond at Heartland Forest. Carried Unanimously * * * * * ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomsoni that the meeting be adjourned at 8:40 p.m. Carried Unanimously * * * * * DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR