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02/23/2016 THIRD MEETING REGULAR COUNCIL MEETING February 23, 2016 Council met on Tuesday, February 23rd, 2016 at 5:20 p.m. for the purpose of considering Regular Business matters. All members of Council were present. The National Anthem was sung by Julianna Moore. ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Morocco, seconded by Councillor Craitor that the minutes of the February 9th, 2016 meeting be approved, as printed. Carried Unanimously * * * * * DISCLOSURE OF PECUNIARY INTERESTS Councillor Ioannoni indicated a pecuniary interest with cheque number 391793, made out to a member of her family. Mayor Diodati indicated a pecuniary interest with cheque number 391589, made payable to himself. * * * * * REPORTS 5:00 P.M. R&C-2016-01 — Merger of Arts & Culture and Museum Committees The report recommends the following: 1. That Council approve the merger of the Arts & Culture Committee with the Museum Advisory Board to form the Arts, Culture and Museum Committee; and 2. That Council approve the Terms of Reference for the Arts, Culture and Museum Committee as outlined in the report. Committee Chairs, Laura Moffat and Dino Fazio spoke to the report and how the two committees are in full support of the merger. ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson that the report be approved as recommended. Carried Unanimously 2015-2018 Strategic Priorities Update ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that the presentation be received. Carried Unanimously Council Minutes February 23, 2016 Councillor Pietrangelo chaired the Budget meeting. BUDGET MATTERS TS-2016-12 — Public Consultation — Phase Two Transit Service Improvements The report recommends that the report be received and Council approve of the options outlined in the report. ORDERED on the motion of Councillor loannoni, seconded by Councillor Campbell that the report be deferred until the next meeting to allow further discussion to take place with the transit operators. Motion Defeated With Councillors Kerrio, Strange, Craitor, Morocco and Mayor Diodati opposed. ORDERED on the motion of Councillor loannoni, seconded by Mayor Diodati that Council approve the implementation of the phase 2 improvements as outlined in report TS-2016-09 presented to Council on February 9, 2016, with the exception of the changes to the WEGO Purple/Green line, and conduct a public outreach initiative plan attached) in parallel to the improvements; and That staff meet with the Bus drivers, as soon as possible, and that Councillors be invited to attend those meetings. Carried Unanimously BDD-2016-001 — Niagara Falls Illumination Board (NFIB) Lighting Project. The report recommends that Council approve a one-time capital contribution of $350,000 towards the Niagara Falls illumination lighting replacement program. ORDERED on the motion of Councillor Thomson, seconded by Mayor Diodati that the report be approved as recommended. Carried Unanimously Councillor Pietrangelo stepped down as Chair 6:35 p.m. PRESENTATIONS/ DEPUTATIONS 6:30 P.M. Aging Strategy Implementation Committee Domenic Venetrasca, Chair, from the Aging Strategy Implementation Committee of the Niagara Age-Friendly Community Network, made a presentation to Council. ORDERED on the motion of Councillor Morocco, seconded by Councillor Kerrio that staff bring back a report to Council on possible next steps in implementing an Age- Friendly Community Strategy. Carried Unanimously 2021 Canada Summer Games Henry D'Angela, Chair, and Bram Cotton, Chief Executive Officer, of the Niagara Sports Commission made a presentation on investigating a Regional bid application to host the 2021 Canada Summer Games. 2 Council Minutes February 23, 2016 ORDERED on the motion of Councillor Strange, seconded by Councillor Morocco that Niagara Falls City Council support the Niagara Sport Commission's investigation of a regional bid application to host the 2021 Canada Summer Games; and That Niagara Falls City Council request the Regional Municipality of Niagara endorse the investigation of a regional bid application to host the 2021 Canada Summer Games. Carried Unanimously PLANNING MATTERS 7:00 P.M. Public Meeting: PBD-2016-08 - AM-2015-012, Zoning By-law Amendment Application, 9687 Biggar Road and Abutting Lands to the North, Applicants: 918969 Ontario Inc. (Bob Robinson) & 284612 Ontario Inc. (Carol Robinson), Agent: Jack Bernardi Proposal: Recognize the Expansion of a Contractor's Yard Background: Applicants have requested a Zoning By-law amendment for 1.1 ha (Part 1) parcel of land and a 0.14 ha (Part 2) parcel of land that currently is used as a contractor's yard. Applicant is requesting a new site specific Rural Agriculture (RA) zone over both Parts 1 and 2 to recognize the existing contractor's yard use on both parts and to adjust the regulations for lot area, side yards, landscaped open space and maximum floor area. NEIGHBOURHOOD OPEN HOUSE Held on January 18, 2016, with one resident attending, who had no objection to the application. Planning Analysis: Official Plan Lands designated Good General Agriculture are intended to be used for agricultural purposes. Special Policy Area designation permits a contractor's yard with one storey buildings not exceeding a gross floor area of 1650 sq m. and can be used for an office, vehicle storage and maintenance facility. Proposal can be supported as it meets the general intent of the Official Plan as the expansion of the contractor's yard use onto the lands to the north is considered a minor rounding out of the use. Part 2 lands are designated Environmental Conservation Area (ECA) — Significant Woodland. The land has already been cleared of all trees and as no new development is proposed, there is no adverse impact on the adjacent woodland. Zoning: Part 1 is zoned Rural Agriculture with site specific regulations that permit a contractor's yard and Part 2 is zoned Rural Agriculture. The applicant is requesting to recognize the use of the whole of the lands (Parts 1 & 2) for contractor's yard. 3 Council Minutes February 23, 2016 The use on the whole of the lands can be supported as a minor rounding out of the property. The following are the proposed amendments: Minimum Lot Area - Current whole of the lands ( Part 1 with an area of 1.1 ha) - Proposed Parts 1 and 2 with a total area of 1.24 Interior Side Yard Width - Current 10m - Proposed 8m west; 5m east Minimum Landscaped Open Space - Current 1650 sq m - Proposed 2128 sq m Maximum Floor Area - Current 2128 sq m - Proposed 1800 sq m Conclusion: The amendment is recommended for the following reasons: The Official Plan permits a contractor's yard in this location as an exception to the Good General Agriculture designation. The expansion of the site by 0.14 ha is a minor rounding out of the use and meets the general intent of the special policy of the Official Plan. The expansion has not removed a significant amount of agricultural land nor has it had a significant impact on the adjacent woodland; and The requested zoning will resolve the existing non-conformities of the use of the land and the location of the existing buildings which are minor adjustments. Recommendation: That Council approve the Zoning By-law amendment application to recognize the expansion of the contractor's yard at 9687 Biggar Road onto 0.14 ha of the abutting property to the north and to adjust several zoning regulations through a new Rural Agricultural (RA) zone, as outlined in the staff report. Jack Bernardi, representing the applicant, was in support of the staff report and recommendations and was available to answer any questions of Council. The Public Meeting was Closed. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the report be approved as recommended. Carried Unanimously 4 Council Minutes February 23, 2016 MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati offered condolences on the passing of Ron MacKenzie, father of Ronald and Warren MacKenzie, a city employee, and Nicholas Milojevich, son of Rodney Milojevich, a retired Fire Prevention Officer. Mayor Diodati advised of recent events: Zonta Club My Funny Little Valentine Breakfast fundraiser, Family Day events such as Niagara Falls Museum free day and Gale Centre Skate, Annual Kub Kar Races for Scouts Canada, Paul Harris Fellowship Award Evening, and the 107th Birthday Yvonne Thomson. Mayor Diodati advised of upcoming events: 2nd Annual Meridian Celebrity Ice Cup Hockey Tournament, State of the City Address, Komedy for Kidneys, 13th Annual Strike Out Violence Brunch and Bowling tournament for Women's Place of South Niagara, and the State of the Southern Tier. ORDERED on the motion of Councillor Morocco, seconded by Councillor Campbell that the Niagara Falls Public Library Board consider having one of the branches open for Family Day 2017. Motion Carried With Councillor Thomson opposed. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Mayor's Youth Advisory Committee — requesting 50 cent bus rides for March Break. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Strange that the request be approved. Carried Unanimously 2. Autism Ontario — requesting a flag raising for April 4th RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the request be approved. Carried Unanimously 3. Ontario Small Urban Municipalities Conference — requesting a Council representative at the 2016 conference. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Campbell that Councillor Morocco attend the conference. Carried Unanimously 5 Council Minutes February 23, 2016 REPORTS 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-2016-08 — Monthly Tax Receivables Report— January The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F-2016-09 — Municipal Accounts The report recommends that Council approve the municipal accounts totalling $9,481,352.36 for the period January 8, 2016 to February 4, 2016. MW-2016-06 —Woodland Management Plan Final Report The report recommends the following: 1. That the Final Report of the City of Niagara Falls Niagara Falls Woodland Management Plan be approved by Council. 2. That staff be directed to implement the Woodland Management Plan recommendations and where necessary integrate the prescribed policies into the appropriate documents as they are updated. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Strange that the reports on the Consent agenda be approved as recommended. Carried Unanimously R&C-2016-02 — Millennium Trail Update The report recommends that Recreation & Culture staff be authorized to initiate the public engagement process April 2016, to discuss the design of the Millennium Trail phase six, between Lundy's Lane and Royal Manor/Dorchester Road. ORDERED on the motion of Councillor loannoni, seconded by Councillor Campbell that Recreation and Culture staff be authorized to initiate a public engagement process regarding the remaining phases of the Millennium Trail. Carried Unanimously * * * * * Councillor Pietrangelo chaired a resumption of the Budget matters at 7:45 p.m. Operating Budget Update Todd Harrison provided Council with a power point presentation on the operating budget. ORDERED on the motion of Councillor Morocco, seconded by Councillor Campbell that that the operating budget be approved. Carried Unanimously 6 Council Minutes February 23, 2016 Councillor Pietrangelo stepped down 8:10 p.m. RESOLUTIONS NO. 3 — KERRIO — CAMPBELL THEREFORE BE IT RESOLVED that Mayor Diodati not only rescinds his December, 2015 letter, but that Mayor Diodati and City Council, together, offer their support to the CRTC's Telecom Regulatory Policy CRTC 2015-326. Carried Unanimously BY-LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the by-laws be given a first reading. Carried Unanimously 2016-17 A by-law to authorize the payment of $9,481,352.36 for General Purposes. 2016-18 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 23rd day of February, 2016. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the by-laws be given a second and third reading. Carried Unanimously * * * * * NEW BUSINESS Fundraiser ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that Council purchase a table for the Journey of Song, Katy Campbell Fundraiser, April 7, 2016. Carried Unanimously Prime Minister Statues Ordered on the motion of Councillor loannoni, seconded by Councillor Strange that staff investigate the possibility of bringing the Prime Minister Statues, subject of a Maclean's editorial, to Niagara Falls, possibly on Niagara Parks Commission property. Carried Unanimously Yanks Property ORDERED on the motion of Councillor Thomson, seconded by Councillor Strange that staff investigate the issue of unloading in front of Yanks' bar, which has resulted in Police ticketing. Carried Unanimously Rural Drains ORDERED on the motion of Councillor Kerrio, seconded by Councillor Morocco that staff prepare a report on the Rural Drain program. Carried Unanimously 7 Council Minutes February 23, 2016 * * * * * ORDERED on the motion of Councillor Kerrio, seconded by Councillor Morocco that the meeting be adjourned at 8:50 p.m. Carried Unanimously * * * * * DEAN IORFIDA,)TY LERKJAMES M. DIODATI, YOR 8