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03/28/2017FOURTH MEETING REGULAR COUNCIL MEETING March 28, 2017 Council met on Tuesday, March 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 March 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)(f) advice that is subject to solicitor -client privilege pertaining to 4239 Huron Street. Council did rise and report related to the Closed Meeting session. Council met on Tuesday, March 28, 2016 at 5:13 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Sadie Harper Williams sang the National Anthem. ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Morocco, seconded by Councillor Pietrangelo that the minutes of the February 28, 2017 meeting be approved. Carried Unanimously DISCLOSURE OF PECUNIARY INTERESTS Councillor Kerrio indicated a conflict with report TS -2017-11, a neighbouring property. Councillor Thomson indicated a pecuniary interest with report TS -2017-11, his employer. Councillor Pietrangelo indicated a pecuniary interest with cheque number 0069002, to the Niagara Catholic District School Board, his employer, and the Communication from St. Paul High School. Councillor Craitor indicated a direct pecuniary interest with cheque number 401227, made payable to himself. Mayor Diodati indicated a direct pecuniary interest with cheque number 402567, made payable to himself. Councillor Pietrangelo chaired meeting. WATER REPORTS MW -2017-09 — Drinking Water System Summary Report and Overview The report is recommended to be received and filed. Council Minutes March 28, 2017 The Manager of Environmental Services made a brief presentation to Council outlining the Drinking Water System. ORDERED on the motion of Councillor Campbell, seconded by Councillor Kerrio that the report and presentation be received for information. Carried Unanimously 2017 Municipal Utility Budget & Water Rate by-law Ed Bielawski, resident, requested that a decision on the adoption on the utility budget be deferred as he had not had ample time to study the information presented by staff. ORDERED on the motion of Councillor Morocco, seconded by Councillor Kerrio that Mr. Bielawski's presentation be received for information and that staff meet with Mr. Bielawski. Carried Unanimously The Director of Finance made a presentation outlining the Municipal Utility Budget and Water Rate by-law. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Morocco that the 2017 Municipal Utility Budget be approved. Carried Unanimously Councillor Pietrangelo stepped down as Chair 6:15 p.m. 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-2017-03 — Small Business Enterprise Centre (SBEC/BDD), Ministry of Economic Development and Growth Starter Company Plus Agreement The report recommends that Council authorize the Mayor and Clerk to sign the SBEC- MEDG Starter Company Grant agreement. CD -2017-02 — Procedural By-law The report recommends that Niagara Falls City Council approved the revised Standing Rules of Council by-law listed under the by-law section of the agenda F-2017-10 — Major Receivables (Monthly) The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F-2017-11 — Annual Statement of Remuneration and Expenses The report is recommended for the information of Council. 2 Council Minutes March 28, 2017 F-2017-12 — Municipal Accounts The report recommends that Council approve the municipal accounts totaling $12,554,295.73 for the period February 8, 2017 to March 7, 2017. FS -2017-01 — Gene Somerville Naming Request The report recommends that Council approve the request to name the Niagara Falls Fire Station 4 Firefighter Museum in recognition of Gene Somerville who served as a 32 -year member of the department with 25 years as District Chief of what was then known as the Chippawa Volunteer Fire Department in the City of Niagara Falls. L-2017-09 — Niagara Falls Bridge Commission Lease Extension Agreement with the City and Region Parts 2, 3 & 4 on Reference Plan 59R-11659. 4300 Buttrey Street The report recommends that the City enter into a joint Third Lease Extension Agreement with The Regional Municipality of Niagara (the "Region") and the Niagara Falls Bridge Commission (the "Bridge Commission") with respect to the lease of the premises located on part of 4300 Buttrey Street and more particularly described as Part of Stamford Township Lot 92, in the City of Niagara Falls, in the Regional Municipality of Niagara, designated as Part of Part 4 on Reference Plan 59R-11659, Niagara Falls (the "Demised Premises"). The Demised Premises are shown outlined in red on the attached aerial photograph. MW -2017-03 — Chippawa Lions Park Improvements The report recommends the following: 1. That Contract # 2016-428-16 be awarded to the lowest bidder Anthony's Excavating from Allanburg Ontario, at the corrected tendered price of $ 464,280.00 (excluding HST). 2. That RFP6-2017 for the Supply and Installation of a New Splash Pad at Chippawa Lions Park be awarded to A.B.C. Recreation Ltd., at the bid price of $ 160,800.00 (excluding HST), and 3. That the Mayor, City Clerk, and Supply & Services be authorized to execute and issue the necessary contract documents. MW -2017-04 — Tender Award 2017-359-14 Various Watermain Replacements — Potter Heights, Wiltshire Boulevard, Rendall Crescent & Wedgewood Crescent The report recommends the contract be awarded to the lowest bidder Alfidome Construction Limited at the corrected tendered price of $796,711.00. That the Mayor and City Clerk be authorized to execute the necessary contract documents. MW -2017-06 — Tender Award: 2017-273-12 Level Avenue Reconstruction The report recommends the following: The contract be awarded to the lowest bidder Alfidome Construction Limited at the corrected tender price of $1,102,143.90. MW -2017-07 — Tender Award: 2017-03 Asphalt Overlay — Phase 1 The report recommends That the contract be awarded to the lowest bidder Norjohn Contracting & Paving Limited, with authorization to spend up to the budgeted amount of $620,000. That the Mayor and City Clerk be authorized to execute the necessary contract documents. 3 Council Minutes March 28, 2017 MW -2017-08 — Tender Award: Stanley Av Bridge Rehabilitation The report recommends the following: The contract be awarded to the lowest bidder Rankin Construction Inc., at the tendered price of $284,417.00. That the Mayor and City Clerk be authorized to execute the necessary contract documents. PBD -2017-10 — New Cladding and Insulation for City Hall, 4310 Queen Street The report recommends the following: That Council award the tender for Project PBD -2017-10, City Hall Cladding and Insulation Systems to the lowest acceptable bidder, Surrey Construction Inc. in the amount of $1,385,750 plus non-refundable H.S.T; That Council amend the previously approved Capital budget, for the revised expenditures of $1,460,750. That the Mayor and City Clerk be authorized to execute the necessary contract documents. R&C-2017-04 — Concussion Management Policy The report recommends the Recreation & Culture Department's Concussion Management Policy effective April 1, 2017. TS -2017-11 — Dunn Street Radar Board Agreement with Embassy Suites The report recommends the following: That the radar speed board and associated hardware located on Dunn Street originally installed by Embassy Suites in 2007 remain for an additional five (5) year duration as indicated in the updated agreement. The Mayor and Clerk be authorized to execute the required agreement. ORDERED on the motion of Councillor Thomson, seconded by Councillor Strange that the reports on the Consent Agenda be approved as recommended. Carried Unanimously With Councillors Kerrio and Thomson indicating conflicts on TS -2017-11. ORDERED on the motion of Councillor Thomson, seconded by Councillor Campbell that staff provide information on what is appropriate in a Procedural By-law. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati offered condolences on the passing of John Tingey, father of Chris Tingey, a firefighter with the City of Niagara Falls. Mayor Diodati advised of recent events: State of the City Address, Niagara Falls Tourism AGM, Bowl for Kids' Sake, Oakes Park Grandstand Improvement Project and the State of the Region address by Chair Al Caslin. 4 Council Minutes March 28, 2017 Mayor Diodati announced that three of Niagara Falls' festivals landed on the top festival list of Events Ontario: Niagara Falls Canada Day Celebration, Santa Claus Parade and Winter Festival of Lights and tonight's meeting marks the first City Council live streaming. ORDERED on the motion of Councillor Strange, seconded by Councillor Morocco that staff report back on a possible program to replace two or three trees for every one tree removed. Carried Unanimously ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that condolences on the passing of Ida DiCosimo. Carried Unanimously COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Ontario Regional Common Ground Alliance – requesting that the month of April be proclaimed as "Dig Safe" month and that a flag raising be approved. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the request be approved. Carried Unanimously 2. Canadian Association of Nurses in Oncology – requesting April 4th, 2017 be proclaimed as "Canadian Oncology Nursing Day". RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the requested be approved. Carried Unanimously 3. Recreation Committee — requesting that Council allow the proposed fundraising activity for the Activity Subsidy Fund, on Gale Centre property, approve the related fee and waive the related business licence requirement. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Strange, seconded by Councillor Campbell that the requests be approved. Carried Unanimously 4. St. Paul High School – requesting permission to hold a one -day event on their property and related fee waivers. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Morocco, seconded by Councillor Campbell that the request be approved. Carried Unanimously With Councillor Pietrangelo declaring a conflict 5. Operation Lifesaver – That the week of April 24 to 30, 2017 be proclaimed as "Rail Safety Week". RECOMMENDATION: For the Approval of Council 5 Council Minutes March 28, 2017 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the request be approved. Carried Unanimously CONSIDERATION OF "IN CAMERA" RECOMMENDATIONS ORDERED on the motion of Councillor Campbell, seconded by Councillor Kerrio that the owners of 4239 Huron Street and 4711 Zimmerman be invited to a future Council meeting to make representations on the drainage issue. Carried Unanimously RESOLUTIONS MOROCCO- STRANGE - THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the Annual SPN Slo-Pitch and Street Dance as an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event; and that Niagara Falls Council grants relief to the Noise By-law (2004-105, as amended) to allow amplified music until 11:00 p.m., for the event. PIETRANGELO — STRANGE - THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the 10th Annual Enbridge Ride to Conquer Cancer to be an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. CRAITOR- MOROCCO - THEREFORE BE IT RESOLVED that Council consents to Celebrate Old Downtown's desire to allow for alcohol on municipal property for this year's Springlicious; and that Niagara Falls City Council considers the annual Springlicious as an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. NEW BUSINESS Coronation Centre Carried Unanimously ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that staff investigate Wi-Fi for the Coronation Centre. Carried Unanimously Stanley Avenue/Church's Lane ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the Region be petitioned to review the intersection again for traffic controls and/or a 4 -way stop. Carried Unanimously 6 Council Minutes March 28, 2017 Niagara District Airport ORDERED on the motion of Councillor Thomson, seconded by Councillor Strange that the Region be given notification of the City's intent of divesting of the airport prior to 2018. Carried Unanimously NPCA ORDERED on the motion of Councillor Thomson, seconded by Councillor Craitor that Niagara Falls City Council urges the NPCA Board to accept the Auditor General's offer to perform an independent, third party operational review. Councillor Campbell Councillor Craitor Councillor loannoni Councillor Kerrio Councillor Morocco Petrullo Florist In Favour In Favour In Favour In Favour In Favour Councillor Pietrangelo Councillor Strange Councillor Thomson Mayor Diodati In Favour In Favour In Favour In Favour Carried Unanimously ORDERED on the motion of Councillor Craitor, seconded by Councillor Campbell that Mr. Petrullo be invited to put in writing his concerns related to his claims and be invited to meet with the City Solicitor. Carried Unanimously Fire Review ORDERED on the motion of Councillor Kerrio, seconded by Councillor Campbell that the Police and EMS be requested to provide their forecasted capital costs and staffing levels for Niagara Falls. Carried Unanimously Humanitarian Fundraiser ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the City purchase ten tickets Dreams for Beams fundraiser for Niagara College. Carried Unanimously Region Masterplans ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that the Region's consultant from the "How We Flow" presentation be invited to Council to deliver a similar presentation. Carried Unanimously Boarding Homes ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that staff prepare an interim control by-law, and direct a related Planning study, on the issue of the conversation of commercial motels to boarding houses/ long term residential properties. Carried Unanimously PLANNING MATTERS 7 Council Minutes March 28, 2017 PBD -2017-07 — AM -2016-005, Official Plan and Zoning By-law Amendment Application, North Side of McLeod Road West of Sharon Avenue. Applicant: Tom Vattovaz. Proposal: Car Wash Background Official Plan and Zoning By-law Amendment for 2 lots To permit the construction of a 3 -bay manual car wash Lands are designated Residential in the Official Plan which does not permit a car wash use in this location. Applicant is requesting a Special Policy Area designation be applied to the lands to permit the commercial use as an exception to the Residential policies. Lands are zoned Institutional (I) Applicant is requesting the lands be rezoned to a site specific General Commercial zone with provisions limiting the use to the proposed car wash and several specific zoning standard exceptions. Official Plan A Special policy area will introduce a commercial use on a portion of McLeod Rd, that is designated for residential uses and is not a logical extension of a commercial area. Proposal represents a disorderly mixing of incompatible uses and increases the potential of land use conflicts. Site is undersized to accommodate the car wash and the necessary landscaping and buffering needed to mitigate impacts on surrounding properties and streets. Lands are identified as residential intensification corridor Zoning By-law Site could support a 4-6 unit apartment building under Official Plan policies. Requested zoning cannot be supported as there are substantial reductions requested to the lot depth, rear yard depth and side yard width as the lot is undersized and not in an appropriate configuration for the proposed use. These reductions will result in the use being brought significantly closer to surrounding residences that what is intended in the zoning by-law. Should Council approve the application, consideration should be given to requiring noise attenuation fencing along with property lines that abut residences. The two lots are full lots in a plan of subdivision and therefore cannot merge without passage of a by-law deeming the lots not to be in a plan of subdivision. 8 Council Minutes March 28, 2017 Conclusion Amendment not recommended Proposal is not a logical extension of a commercial node, but rather an intrusion of a commercial use in a residentially designated area. Lands are insufficiently sized to accommodate the use as reflected in the number of departures necessary to the City's zoning standards. Lands would be more appropriately developed with a multiple nit dwelling as envisioned in City's intensification policies. Susan Rogers, a McLeod Road resident, outlined the negative impacts the car wash development would have on her property, as well as other neighbouring properties. Tom Vattovaz, applicant, outlined the noise analysis he conducted, which showed the amount of noise that would emanate from his proposal would be less than other car washes that are closer to residential areas elsewhere in the City, he commented on the commercial nature that already exists on McLeod Road and he outlined how issues of lighting would have minimal impact. John Perry, Planning Consultant, indicated that he was acting independently. He questioned the staff report and indicated that a residential use would not be compatible based on the commercialization of the area. A residential development would be impacted by the noise already emanated by traffic and commercial businesses on McLeod Road. The Public Meeting was closed. ORDERED on the motion of Councillor loannoni, seconded by Councillor Craitor that the report be approved as recommended, denying the application. Carried Unanimously PBD -2017-08 — AM -2016-019, Zoning Bylaw Amendment Application. 2560 Mewburn Road, 7488 Mountain Road and the Rear Portion of 7500 Mountain Road. Proposal: A 4 Storey, 32 Unit apartment Dwelling and a block of townhouse project with 19 dwelling units. Applicant: Rivercrest Corporation. Background Zoning By-law amendment for 3 parcels - 1.12 ha (2.8 ac) 4 storey, 32 unit apartment and 19 unit block townhouse development Lands zoned Development Holding (DH) Applicant proposes the land to be zoned Residential Low Density, Grouped Multiple Dwellings(R4) with site specific : lot area; 9 Council Minutes March 28, 2017 side yard width; privacy yard depth; number of dwellings on a lot; and, building height to permit apartment building and townhouse units in the configuration proposed. Neighbourhood Open House Held on February 16, 2017 with 22 residents in attendance; Primary concerns were servicing and storm drainage and asked if there was sufficient capacity in Mewburn Rd Pumping Station. Residents urged the applicant to do a pre -construction survey of adjacent dwellings to document if construction activities cause any damage to surrounding dwellings. Questions asked about proposed fencing and requested that row of cedar trees along southern property line be retained. One resident objected to height- prefer 3 storeys; Agent noted developer would need to supply a servicing study; will work with neighbours on fencing details in order to retain cedar hedge; will consider doing a pre - construction survey; applicant prefers 4 storeys. Planning Analysis Provincial Policy Statement & Growth Plan Planning Act requires City planning decisions comply with Provincial policies. Provincial policies direct municipalities to facilitate residential intensification with urban areas to help meet intensification targets Subject lands are underutilized and the proposed development is a form of residential intensification promoted by the Province. Official Plan Development contains a mix of townhouses and an apartment building with a density below the maximum permitted with frontage on a collector road. These type of units are expected on a property in this location. Apartment building setback plus intervening townhouses will mitigate any impacts of height of the apartment building and provide a gradation of building heights and density. Apartment building has been designed with a parking garage, landscaped front and exterior side yards and setbacks consistent with surrounding development. Will assist in creating a development that reflects the character of the surrounding area; Local roads and services can support development Zoning Requested amendment can be supported for the following reasons: Density is acceptable; Reduction in side yard width is primarily to accommodate the corner townhouse unit; Minor reduction does not create any significant impacts on the abutting single detached dwellings. 10 Council Minutes March 28, 2017 Apartment building height regulation is to accommodate 4th floor and architectural details. Significant separation between the proposed apartment building and townhouses and single detached dwellings. Sufficient separation for the increase in height for the apartment building. Reduced privacy yard depth of 6 m. for interior units does not have impact off-site. Conclusion Scale and types of housing within intent of the Residential designation and policies for multiple unit dwellings in Official Plan Provides a transition in height and density and sufficient separation distance from low and medium density housing; Requested departures from standard regulations of R4 zone are acceptable; provide for compact urban development; Sufficient servicing & transportation infrastructure exists Recommendation Council approve the Zoning By-law amendment application to zone the lands site specific Residential Low Density, Grouped Multiple Dwellings (R4) to permit the development of a 4 storey, 32 unit apartment dwelling and 19 block townhouse dwelling units, subject to regulations outlined in the staff report. The Public Meeting was Closed. Anne Cruse, a Mewburn Road resident, was not opposed to progress but had an issue with the 4 storey apartment unit. Two storeys would be acceptable. David Mason, an Olden Avenue resident, indicated that project would not fit the character of the area. Daphne Johnson, a Mewburn Road resident, had concerns about height and the underground parking. Rick Andrews, an Olden Avenue resident, reminded Council of how a large billboard in the area was rejected many years ago and it had comparable height to the process apartment building. Ken Cruse, a Mewburn Road resident, questioned the impact the development would have on flooding issues in the area. Leigh Whyte, Planning consultant for the developer, made up of about a dozen local business people, indicated that economically three -storeys would not be viable for the apartment. He indicated that the mansard roof would help make the apartment unit not appear as imposing. He admitted that neighbourhood meetings had been helpful related to some of the site issues and residents' concerns had been incorporated in the design. Mr. Whyte indicated that the project would be upscale and an improvement over the existing motel, which is being operated with long-term rentals. He was confident that the infrastructure in the area was more than adequate. ORDERED on the motion of Councillor loannoni, seconded by Councillor Craitor that the application be denied. 11 Council Minutes March 28, 2017 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 2017-35 A by-law to authorize the execution of a joint Third Lease Extension Agreement with The Regional Municipality of Niagara and the Niagara Falls Bridge Commission, respecting the extension of the Lease of a portion of 4300 Buttrey Street, Niagara Falls, for parking purposes. 2017-36 A by-law to repeal By-laws 2011-42 and 2013-37, by-laws to authorize the execution of agreements respecting the Adopt -A -Trail and Adopt -A -Street public service programs for volunteers. 2017-37 A by-law to authorize the execution of an agreement with Her Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Economic Development and Growth, and the Corporation of the City of Niagara Falls, respecting the Starter Company Plus Program. 2017-38 A by-law to designate the property known as 5993 Barker Street, being PIN 64354-0039 (LT) and being further described as Part Lot 07, Plan 653, City of Niagara Falls, Regional Municipality of Niagara to be of cultural heritage value and interest. 2017-39 A by-law to provide for the Standing Rules of Council. 2017-40 A by-law to authorize the payment of $12,554,295.73 for General Purposes. 2017-41 A by-law to amend By-law 2016-108, a by-law to regulate the supply of water, to provide for the maintenance and management of the waterworks and for the imposition and collection of rates for the use of water and water related services. 2017-42 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 28th day of March, 2017. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Campbell that the by-laws be given a second and third reading. Carried Unanimously OREDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the meeting be adjourned at 9:20 p.m. DE A, CITY CLERK 12 Carried Unanimously JAMES DIODATI, MAYOR