Loading...
02/28/2017THIRD MEETING REGULAR COUNCIL MEETING February 28, 2017 Council met on Tuesday, February 28, 2017 at 4:30 p.m. in a Closed Meeting related to the items noted in the resolution below. All members of Council were present. MOROCCO - STRANGE - THEREFORE BE IT RESOLVED that on February 28, 2017 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)(d), labour relations and a matter that falls under s. 239(2)(c), a proposed disposition of land and s.239(2)(f) advice that is subject to solicitor -client privilege pertaining to the Centre Court Cafe Lease. Council met on Tuesday, February 28, 2016 at 5:00 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Emma Leo sang the National Anthem. ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Craitor that the minutes of the February 14, 2017 meeting be approved. Carried Unanimously Councillor loannoni, who was absent for the February 14th Council meeting, wanted the record to show that she would have been opposed to approval of the budget and recommendation reports BDD-2017-01 and CD -20017-01. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that Council proceed with an Integrity Commissioner. Carried Unanimously DISCLOSURE OF PECUNIARY INTERESTS Councillor Craitor indicated a pecuniary interest with cheque number 401294, made payable to himself. Councillor Morocco indicated a pecuniary interest with 401376, made payable to her spouse. Councillor Kerrio indicated a conflict with report PBD -2017-05, as he owns adjacent property. Mayor Diodati indicated a pecuniary interest to cheque numbers 401879 and 401303, made payable to himself. Council Minutes February 28, 2017 REPORTS 5:00 P.M. CAO -2017-002 — Niagara Region Transit Service Delivery and Governance Strategy Report (Dillion Report) The report recommends the following: Niagara Falls City Council endorses in principle the creation of a consolidated Transit system in partnership with the City of Niagara Falls, St. Catharines Transit Commission, the City of Welland, and the Region of Niagara to develop a regionally integrated transit system. Staff be directed to develop a Memorandum of Understanding (MOU) between Niagara Falls, St. Catharines, Welland and Niagara Region to develop a governance framework and specify how key issues are to be addressed by all parties along with next steps and timelines. Niagara Falls City Council hereby requests that Niagara Region become formally involved in and supportive of the consolidated transit model as recommended in the January 2017 Niagara Transit Service Delivery and Governance Strategy Report (Dillon Report) and endorsed by the Inter -Municipal Transit working group. Council supports the formation of the Transit Working Group, with representatives from the 12 Municipalities and the Region of Niagara, to work towards the implementation of the operational improvements outlined in the Dillon report. Council supports the transition of the current Inter Municipal Working group to a Transit Steering Committee until a new governance framework is established in the pending Memorandum of Understanding. Mishka Balsom, CEO, and Hugo Chesshire, Policy and Government Relations Manager, of the Greater Niagara Chamber of Commerce indicated their support for a Regional Transit system and the economic benefits to the community. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the report be approved as recommended. 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-2017-07 — Monthly Tax Receivables Report - January The report recommends that Council receive the Monthly Tax Receivables report for information purposes. 2 Council Minutes February 28, 2017 F-2017-08 — 2016 Sleep Cheap Event and WonderFalls Pass The report is recommended for the information of Council. F-2017-09 — Municipal Accounts The report recommends that Council approve the municipal accounts totaling $12,399,702.38 for the period January 6, 2017 to February 8, 2017. PBD -2017-06 — 26CD-11-2017-01, Proposed Plan of Condominium (Standard), 5837 Dunn Street. Applicant: Pinewood Homes (Tara Ltd.) Agent: Al Heywood (Matthews, Cameron, Heywood Surveying) The report recommends the following: 1. That the Plan of Condominium be draft approved subject to the conditions in Appendix 1. 2. That the Mayor or designate be authorized to sign the draft plan as "Approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. TS -2017-07 — WEGO Advertising Contract Renewal The report recommends the following: 1. That the current Agreement with REV Publishing Inc. be extended for an additional two years and, 2. That the Mayor and City Clerk be authorized to execute the necessary agreement. TS -2017-08 — Lease of Space for Transit Operator Lunch Room/ Retail Kiosk Morrison/Dorchester Hub The report recommends the following: 1. That a five year lease between the City and RioCan Properties be approved to facilitate a lunch space for Transit Bus Operators and a retail kiosk to sell transit media within the Morrison/Dorchester shopping centre commonly known as RioCan Niagara Falls (the "Shopping Centre"). 2. That the Mayor and Clerk be authorized to execute the necessary agreement. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Thomson that the reports on the Consent Agenda be approved as recommended. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati extended condolences to Bob Comnack, a city employee, on the passing of his father, William Comnack. 3 Council Minutes February 28, 2017 Mayor Diodati advised of the following: Selene Tudini, Municipal Works employee was winner of AMCTO's "Excellence in Municipal Human Resources", Alan Barillaro, Oscar winner from Niagara Falls for the movie Piper and Rain Barrel Pre -Orders. Mayor Diodati advised of upcoming events: the Community Outreach Dinner and the State of the City held by The Niagara Falls Chamber of Commerce. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Regional Municipality of Niagara — requesting support for resolution on financial support for families of missing persons. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Strange that the resolution be supported. Carried Unanimously 2. Donna Cridland — requesting a change in the selection process for members of the Niagara Peninsula Conservation Authority. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Craitor that the request be supported. Motion Defeated With Councillors Kerrio, Morocco, Pietrangelo, Strange and Thomson opposed. ORDRED on the motion of Councillor Kerrio, seconded by Councillor Campbell that the communication be received and filed. Motion Carried With Councillor loannoni and Craitor opposed. CONSIDERATION OF "IN CAMERA" RECOMMENDATIONS ORDERED on the motion of Councillor Campbell, seconded by Councillor Strange that the recommendations contained in the following be approved, as follows: HR -2017-01 - Collective Agreement between City of Niagara Falls and Amalgamated Transit Union (Local 1582) That Council ratify the amended Collective Agreement between The Corporation of the City of Niagara Falls and the Amalgamated Transit Union (ATU, Local 1582) L-2017-05 - Assignment of Lease Centre Court Cafe MacBain Community Centre That the City consent to the Assignment of the Lease of the snack bar at the MacBain Community Centre from 1624609 Ontario Inc. to 2557417 Ontario Corp., being a corporation controlled by Abir Jaafar and Hassan Ammar. That the Mayor, City Clerk and City Solicitor be authorized to prepare, review and execute whatever documents are required complete the assignment described above. Carried Unanimously 4 NEW BUSINESS Sewer Claims Council Minutes February 28, 2017 ORDERED on the motion of Councillor Campbell, seconded by Councillor Pietrangelo that staff report back on the issue of sewer backup claims. Carried Unanimously Downtown BIA ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that Councillor Morocco be appointed to the Downtown BIA board. Carried Unanimously nylon Stair Climb for Kids ORDERED on the motion of Councillor Morocco, seconded by Councillor Pietrangelo that the City help promote the event and provide incentives for school participation. Carried Unanimously Hwv 405 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Campbell that the City support the Hwy 405 be fully functioning. Carried Unanimously Fire Station ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that Council reconsider their motion from January 24th that an external 3rd party be engaged to review the timing for a new fire station , looking at staffing levels and response times in comparison with comparable municipalities. A recorded vote was requested. Councillor Campbell Councillor Craitor Councillor loannoni Councillor Kerrio Councillor Morocco Condolences Opposed In Favour In Favour Opposed In Favour Councillor Pietrangelo Councillor Strange Councillor Thomson Mayor Diodati In Favour Opposed Opposed Opposed Motion Defeated ORDERED on the motion of Councillor Strange, seconded by Councillor Pietrangelo that condolence be sent to the family of Jessica Edwards, who was killed in a tragic car accident in Niagara Falls. Carried Unanimously Ad Hoc Rail Line Relocation Committee ORDERED on the motion of Councillor Thomson, seconded by Councillor Campbell that staff report back on rail line relocation efforts, including reviving the ad hoc committee. 5 Council Minutes February 28, 2017 Council Schedule ORDERED on the motion of Councillor Kerrio, seconded by Councillor Strange that the April 11th, 2017 be cancelled. With Councillors Craitor, loannoni and Pietrangelo opposed. DEPUTATIONS/PRESENTATIONS 2016 OFSAA Champs Motion Carried Mayor Diodati recognized the A.N. Myer Senior Boys Football team for winning the Provincial championships and presented the team with awards. PLANNING MATTERS PBD -2017-04 — 26T-11-2016-003 & AM -2016-022, Warren Woods Estates Phase Draft Plan of Subdivision and Zoning By-law Amendment Application, East Side of Garner Road North of Brown Road. Applicant: 1340258 Ontario Inc. (Robert O'Dell/Charles Lovracs). Agent: Upper Canada Consulting (Jennifer Vida) Background Applicant applied to subdivide the 21.4 ha into 290 lots for singles, 56 on -street townhouses; with blocks for a park; trail connections; a linear park; neighbourhood commercial plaza; storm water management pond; road widenings and reserves. Developer also applied to amend the zoning by-law to place the lands to the north, east and south of the subdivision under Environmental Protection Area zone. Neighbourhood Open House January 18, 2017 3 residents, Developer's representatives and staff 2 residents from Warren Woods 3 asked if trees behind their home would remain and they were advised that the trees were part of PSW and would be protected. Provincial Policy Statement & Growth Plan The applications are consistent with the Growth Plan and Provincial Policy Statement as follows: Involve the development of Greenfield lands within the Urban boundary; Achieves a density of 43 people/jobs per hectare but when in combination with other existing and approved development in Garner South Secondary Plan, a density of 54 people/jobs per hectare is achieved. Contributes to the City's supply of building lots. Planning Analysis Garner South Secondary Plan - Lands are designated Residential Low Density, in part, Residential Medium Density, in part, Open Space, in part and Neighbourhood 6 Council Minutes February 28, 2017 Commercial in part. Small part of the lands are designated Environmental Protection Area. Proposed development complies with Garner South Secondary Plan as follows: • Lots proposed comply with densities expected under Residential Low Density Reverse lot frontages, although discouraged, are acceptable as the number of entrances onto Garner Rd is reduced. Townhouse blocks comply with densities expected under Residential Medium Density. Zoning Lands are currently zoned Light Industrial. Single detached lots are requested to be changed to a similar R1 F zone as in the subdivision to the west. Blocks of land intended for on -street townhouses are requested to be placed under a site specific R3 zone. Changes to the standard R3 regulations were outlined in the report and to Council. The requested regulations can be supported as follows: • facilitate compact form; • are similar to those which apply to earlier phases of Warren Woods, continuity in building design is promoted; Lot coverage is addressed by building setbacks; • Setbacks maintain adequate separation distances between dwellings and street. PSW lands outside the Plan of Subdivision will be zoned Environmental Protection which implements the OP policies. Subdivision Design A new east -west road along the former Hydro corridor will link Phases 1,2,3 & 5 together as a central spine from Garner Road. The hydro corridor was transferred to the City and can only be used for public purposes. The lands not used for a road will be used for a recreational trail and Hydro One retains the right for a future transmission line over these lands. 17 lots have reverse lot frontages onto Garner Rd. While reverse lot frontages are not encouraged, they are acceptable due to the limited number and to avoid traffic conflicts from multiple street intersections. Lands within the Cytec arc are identified for a neighbourhood commercial block, parkland and storm water pond and future industrial/employment uses. Parkland is shown in two blocks and represents 5.3%. Park area can be reduced slightly so as not to exceed the 5% maximum to be dedicated to the City. The NPCA has now resolved its concerns regarding the design and minimum buffer distance from the PSW lands. The revised subdivision plan and conditions of approval are in the Council hand-out package. 7 Council Minutes February 28, 2017 Conclusion Complies with Provincial and Regional policies with respect to achieving minimum density targets in a Greenfield Area; Complies with Official Plan and Garner South Secondary Plan regarding land uses expected in this portion of the City. Zoning regulations for the residential lots and blocks will facilitate compact form. Open Space zone will permit recreational uses and trails. Neighbourhood commercial zone will provide for small scale commercial development; Rezoning wetlands will protect natural features. Recommendation That Warren Woods Estates Phase 5, Plan of Subdivision be draft approved subject to the conditions in Appendix A of the Council hand-outs. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after the notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. That the application to amend the Zoning By-law be approved as detailed in the staff report; and, That the Mayor and City Clerk be authorized to execute the Subdivision Agreement and any required documents to allow for the future registration of the subdivision when all matters are addressed to the satisfaction of the City Solicitor. Carmela Agro, Upper Canada Consulting, representing the developer requested Council's support on the application and was available to answer any questions. The Public Meeting was Closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the report be approved as recommended. Motion Carried With Councillor Morocco opposed. PBD -2017-05 — AM -2017-001, City Initiated Zoning By-law Amendment North Side of Sherk Road between Sodom Road and Niagara River Parkway. Proposal: Archery Club, Applicant: City of Niagara Falls Background Niagara Falls Archery Club has made a request to lease approximately 25 ha of City - owned lands located on north side of Sherk Rd. between Sodom Rd and Niagara River Pkwy. City has initiated a zoning amendment to rezone with several environmental Protection Area zones with site specific provisions permitting archery facilities. 8 Council Minutes February 28, 2017 More intensive components — shooting range; parking area; associated picnic area; portable storage unit and portable toilets are proposed to be located on the north-east corner of Sherk Rd and Willoughby Dr. Existing trails on the lands are proposed to be used for walkable shooting range. New trails will require authorization from Niagara Peninsula Conservation Authority. Lands currently zoned Rural, in part, Conservation and Open Space, in part. Neighbourhood Open House was held on January 23, 2017. Surrounding property owners as well as members of the Archery Club were in attendance. Property owner immediately to the west voiced concerns that arrows may pose a hazard to people on his property. Archery Club members noted that the existing trail proposed for target shooting ends a significant distance from his property; targets would be oriented so shooting would be directed away from his property. Club would consult with the neighbour if any new trails were proposed to be created in the vicinity of his property. Another neighbour was concerned about the driveway proposed off Sherk Rd. When informed access was to be relocated off Willoughby Dr., the neighbour had no concerns. Third Neighbour concerned about a nearby property used for late night parties; Club members assured that activities cease at dusk, property secured with a gate and signage. Planning Analysis Official Plan Lands designated Environmental Protection Area (EPA), in part, Environmental Conservation Area (ECA), in part, and Good General Agriculture, in part. Small scale, passive recreational and accessory uses that will not interfere with natural heritage features are permitted under both EPA and ECA when an Environmental Impact Study has demonstrated that there will be no adverse impacts to the heritage features. An EIS has been done and the study found that the development complies with applicable Provincial, Regional and City natural heritage policies and regulations. Zoning Standard EPA zone would limits permitted uses to conservation, existing agriculture, wildlife management and works of a Conservation Authority. Three site specific EPA zones are proposed to be established on the lands with additional uses are appropriate: EPA 1038 — proposed to be applied to the portions of the site that are designated EPA and have the most significant natural features such as Provincially Significant Wetlands, watercourse and floodplains. This zone will limit additional uses to existing trails, new trails and footbridges authorized by the NPCA and a walkable archery range on the trails. 9 Council Minutes February 28, 2017 EPA 1039 — proposed to be applied to the portions of the site that are designated Environmental Conservation Area and have natural features such as significant woodlands. The zone will limit additional uses to existing trails, newt trails and footbridges authorized by the NPCA and a walkable archery range on the trails. EPA 1040 — Proposed to be applied to the portion of the site that is designated Environmental Conservation Area on the north-east corner of Sherk Rd and Willoughby Dr. and which is intended to be used for the stationary archery range and associated uses and facilities. This zone will permit a public park; stationary archery range and accessory buildings and structures with regulatory setbacks from lot lines. Removal of 56 trees is to occur in accordance with the EIS which requires 112 saplings to be planted as compensation. Tree cutting is to occur outside the bird breeding season and so as to not delay the Archery Club, it is recommended that Council authorize the necessary tree removal to be completed prior to April 1, 2017. Niagara Falls Archery Club will be required to enter into a lease agreement with the City to address the following matters: Removal of trees, construction of the archery range; and the planting of 112 replacement trees in accordance with the EIS Construction of the parking lot and driveway and placement of buildings and structures, in accordance with City standards; Construction of a portion of Willoughby Drive between Sherk Road and the driveway into the range in accordance with City standards for a rural cross section; Securing the property including gates at the driveway into the parking lot and advisory signage; Signage as necessary to ensure safe usage of the walkable archery range; and Necessary insurance for the usage. Conclusion Amendment Recommended Conforms with the intent and purpose of the Official Plan EIS has demonstrated that the proposal will not adversely impact natural heritage features and habitat. Site specific zoning will permit more intensive components in a location with less sensitive natural heritage features. Site specific zoning will assist in limiting the impacts on more sensitive natural heritage features. Archery Club will be required to enter a lease agreement with City 10 Council Minutes February 28, 2017 Recommendation Council approve the City initiated Zoning By-law amendment to apply several site specific Environmental Protection Area zones on the lands, to permit a public park and stationary archery range and associated buildings, structures, picnic area and parking lot on the north-east corner of Sherk Rd. and Willoughby Drive and to permit existing trails, new trails authorized by the NPCA and a walkable archery range on the balance of the lands, subject to the regulations outlined in the staff report. Council pass the implementing by-law on tonight's agenda; That Council direct staff to prepare a lease agreement in favour of the Niagara Falls Archery Club Inc. for the lands; and, That Council authorize tree removal on the lands by the Club for the establishment of the proposed archery range and related parking area on the north-east corner of Sherk Rd. and Willoughby Dr. in accordance with recommendations of the Sherk Road Environmental Impact Study, prepared by North-South Environmental Inc. provided such tree removal is completed prior to April 1, 2017. Ross Sauer, a Sherk Road resident, questioned maintenance of the property. The Public Meeting was Closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the report be approved and that the Park in the City committee be requested to assist in the tree planting. Carried Unanimously BY-LAWS ORDERED on the motion of Councillor Keriro, seconded by Councillor Strange that the by-laws be given a first reading. Carried Unanimously 2017-26 A by-law to authorize the execution of a License Agreement with Morse & Son Limited, respecting the non-exclusive license for the use of Parking Lot 14, municipally known as 6002 Lundy's Lane, Niagara Falls. 2017-27 A by-law to amend By-law Nos. 395, 1966 and 79-200, to permit a public park and an archery facility, including a stationary archery range, parking area and associated buildings and structures on the north-east corner of Sherk Road and Willoughby Drive and a walkable archery range on other parts of the Lands (AM -2017-001). 2017-28 A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. 2017-29 A by-law to appoint the City's Manager of Capital Accounting, Manager of Revenue and Manager of Accounting as Deputy Treasurers. 2017-30 A by-law to hereby authorize the execution of an amending agreement related to a Contribution Agreement, under the Cenotaph Restoration 11 Council Minutes February 28, 2017 Program, between Her Majesty the Queen in right of Canada, as represented by the Minister of Veteran Affairs and the City of Niagara Falls. 2017-31 A by-law to authorize the execution of the Collective Agreement with the Amalgamated Transit Union and its Local 1582 from January 1, 2017 to December 31, 2019. 2017-32 A by-law to authorize the payment of $12,399,702.38 for General Purposes. 2017-33 A by-law to authorize the execution of a Letter of Intent with Niagara Health System, respecting the gifting by the City of a one hundred percent freehold interest in property comprised of approximately fifty acres of vacant land located at the northwest corner of Montrose Road and Biggar Road, Niagara Falls, for the purposes of developing a hospital. 2017-34 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 28th day of February, 2017. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Strange that the by-laws be given a second and third reading. Carried Unanimously OREDERED on the motion of Councillor Thomson, seconded by Councillor Campbell that the meeting be adjourned at 8:00 p.m. DEAN IORFIDA,,CITYICLERK 12 Carried Unanimously JAMES DIODATI, MAYOR