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2010/04/12FIFTH MEETING REGULAR COUNCIL MEETING Council met on Monday, March 12, 2010 at 7:05 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Councillor Pietrangelo offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the minutes of March 22, 2010 be approved as printed. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Thomson indicated a conflict with report PD- 2010 -33, AM- 2009 -023. Multiple Sclerosis Society of Canada Phil van Zuilen representative from the MS committee advised Council that the MS Chapter is holding its annual fundraiser. The MS Walk is being held in Chippawa on Sunday, April 18, 2010. An invitation was extended to Council and residents to participate. Canadian Blood Services Janet Piersma, Regional Manager Donor Services, Chantel Chassion, blood recipient and city employee and volunteer Bill Matson, provided Council with an update on the Partners for Life program and encouraged others to donate. Wellspring HOPE Fund DEPUTATIONS /PRESENTATIONS Ann Mantini, Executive Director of Wellspring, Liz Palmieri, Niagara Community Foundation and Alex Herlovitch, City employee made a brief presentation to Council and showed a brief video. A cheque for $500.00 was presented to Ann Mantini for the Wellspring Hope Fund. Alex Herlovitch presented a matching cheque to the fund. 2010 Power Pledge Sue Forcier, Niagara Peninsula Energy Inc, outlined NPEI's various conservation programs as well as the 2010 Power pledge campaign taking place April7- August 31. The campaign engages Ontarians to take simple conservation actions. To register for the Power Pledge and Challenge Day campaigns, visit powerpledge.ca. ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati that the City of Niagara Falls partner with NPEI on the Power Pledge campaign. Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati that a link to powerpledge.ca and NPEI be placed on the city's website. Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati that the City be registered as a participant in the challenge. Carried Unanimously - 2 - April 12, 2010 Council Minutes PLANNING MATTERS PD- 2010 -33 - AM- 2009 -023, Official Plan & Zoning By -law Amendment Application - Various Properties Located Around the Queen Elizabeth Way /McLeod Road Interchange. Applicant: City of Niagara Falls. Proposed Official Plan Policy to allow the Passing of a Holding Zone. The Director of Planning and Development reviewed the recommendations and provided the following information. Background A significant amount of development is expected around this interchange in the near future. Studies conducted by the Region of Niagara have identified a number of improvements that are necessary to the interchange to accommodate the additional traffic that will be generated by these future commercial developments. All commercial developments are expected to finance the necessary improvements to the interchange. The owners of the subject lands shown on the location map have not made financial contributions to the road improvements to date. The amendments proposed are to add site specific policies to the OP that will permit holding symbols to be added to the zoning of the subject properties. This holding provision will be in effect for 10 years and lifted from these properties when the landowners have provided their proportionate share of the road improvements. A Neighbourhood Open House was held on January 18. 2010 with 2 property owner's present. The amendments were presented and no objections were received. Planning Analysis Cost Sharing Agreement The Ontario Ministry of Transportation has jurisdiction over the QEW /McLeod Rd interchange. The MTO would not issue a Land Use Permit for any building within 395 m (1300 ft) of this interchange until financial arrangements for the upgrade of the interchange are secured. In order to address this, a consortium of commercial landowners around the interchange have entered into a cost sharing agreement to contribute $3,800,000 to improving this interchange. The agreement contains a formula for those property owners who are not yet a part of the agreement, that sets out their proportionate contribution of the total cost. To ensure everyone pays a fair and equitable portion of costs the Official Plan and Zoning by -law are to provide Holding provisions to ensure a method of collecting the proportionate share from those who have not contributed. Official Plan The Planning Act allows a municipality to apply a Holding (H) symbol that will prohibit the use of land until certain conditions are met. In order to use a H symbol, a City's OP must contain policies defining the conditions where an H symbol can be used. 3 April 12, 2010 Council Minutes Currently, the City can use an H symbol on lands to provide for orderly development, to phase development in accordance with the provision of servicing infrastructure and to provide for further study of lands in order to establish design criteria for development. To allow the proposed H symbol to be applied to the subject lands, policies are required to be added to the OP which allow Council to impose an H symbol until the landowner has entered into the cost sharing agreement to provide the proportionate contributions to the interchange. Zoning Subject lands are zoned Planned Shopping Centre Commercial, General Commercial and Tourist Commercial. The amendments are to add site specific policies to the OP that will permit holding symbols (H) to be added to the zoning of the subject lands. The H symbol would remain on the lands for a period of 10 years. If a landowner enters into the cost sharing agreement the H symbol will be lifted from the specific parcel of land. The proposed H symbol will not interfere with the current use of the subject lands. The H symbol will only need to be lifted where a specific parcel is proposed to be developed . or where existing buildings are proposed to be expanded significantly. Conclusion A number of new commercial developments are proposed near the QEW / McLeod Road interchange. Improvements to this interchange are necessary to accommodate the expected traffic from these new developments. A number of developers wishing to proceed with their developments have entered into a cost sharing agreement and have contributed the necessary funds for the interchange improvements. The proposed hold (H) symbol, to be applied to other benefitting lands until the respective owners have entered into the above noted agreement, will ensure contributions to the improvements are made in a fair and equitable manner. Recommendation That Council approve the Official Plan and Zoning By-law Amendment application to allow the adoption of policies and the passing of zoning on the subject lands that will place a holding (H) symbol for a period of 10 years or until the owner of the lands enter into an agreement to contribute to improvements to the QEW /McLeod Road interchange. The Public Meeting was Closed. ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that the report be approved as recommended. Carried Unanimously with Councillor Thomson indicating a conflict. PD- 2010 -28 - 26CD -11- 2010 -01, Draft Plan of Vacant Land Condominium. 8891 and 8931 Forestview Boulevard. Owner: Windyland Development Inc. The Director of Planning and Development reviewed the recommendations and provided the following information. Background Applicant proposes to register a Vacant Land Condominium over the 2.9 ha (7.2 ac) site Public Meeting Recommendation - 4 - April 12, 2010 Council Minutes to create vacant lots for the future construction of 107 townhouse units. Plan of condominium subdivision will permit the individual ownership of each unit in the development with the private driveway, visitor parking and some landscaped areas shared by the condominium corporation. Recent revisions to the Planning Act effective January 2007 require a public meeting for vacant land condominium applications which is satisfied by tonight's meeting. That the Plan of Vacant Land Condominium be draft approved subject to the conditions in Appendix 1 of report PD- 2010 -28. Dana and John Bongers of 6104 Garner Road questioned whether there would be appropriate fencing around the playground near the water retention pond. Chris Miller, Planner for the applicant, indicated that fencing could be part of the site plan but he indicated there would be continual fencing. The Public Meeting was Closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves that the report be deferred. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci extended thanks to the members of Council and friends throughout the community for the expressions of sympathy and condolences to the Canavan family and himself on the recent passing of his father -in -law, Cecil Canavan. Mayor Salci advised of some recent events: Margaritaville's Canadian operations held their job fair last week for the new "Jimmy Buffet's Margaritaville ", which is expected to open next month. He congratulated Donna Dalgleish and the team at Literacy Niagara for a successful 7` Annual Literacy Day, which was held at the MacBain Centre. He congratulated Floyd Fox, who at the age of 83 years old held his first art exhibition. The Stamford Centre Volunteer Firefighter's Association held their annual Easter Egg hunt at Fireman's. Finally, on behalf of the area's cultural clubs, a donation of $130,000 was made to the orphaned and displaced children, victims of the Abruzzo Earthquake in Italy. Mayor Salci advised of some upcoming events: Mayor's Youth Advisory Committee's annual Battle of the Bands, "Green Week" will be observed throughout schools in the City on the week of April 19 -23rd and on April 23r "Arbour Day ", a tree planting will take place on the "Olympic Trail" near City Hall. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Coaches Association of Ontario - Request that the week of April 17 -26, 2010 be proclaimed as "Ontario Coaches Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the request be approved. Carried Unanimously - 5 - April 12, 2010 Council Minutes 2. Trillium Gift of Life Network - Request that the week of April 18 -25, 2010 be proclaimed as "Organ and Tissue Donor Awareness Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Fisher, seconded by Councillor Thomson that the request be approved. RECOMMENDATION: For the Approval of Council Carried Unanimously Niagara Region - Requestion that the week of May 16 -22, 2010 be recognized as "National Public Works Week" in the City of Niagara Falls. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Diodati that the request be approved. 4. Niagara Region - Correspondence regarding the Federal Government's New Horizon for Seniors program. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the communication be received for information. 5. Redboss Pyrotechnics - Correspondence requesting fireworks displays at Glenview Park for the Great Wolf Lodge visitors for a variety of dates. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that the request be approved. Carried Unanimously 6. Celebrate Old Downtown - . Various requests related to the annual festival. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Maves, seconded by Councillor Pietrangelo that the request be approved. Memo from City Clerk - re: Highway 420 Designation Carried Unanimously Carried Unanimously Carried Unanimously RECOMMENDATION: That Council approve the modification in the name to designate Highway 420 to Niagara Veterans Memorial Highway. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the communication be approved as recommended. Carried Unanimously 8. Memo from City Clerk - re: Toll Rates RECOMMENDATION: That Council receive and file the information and no further action be taken. ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that the memo be received and filed. Carried Unanimously Appointment Matters CD- 2010 -03 - Chief Administrative Officer - Filing of Vacancies on the Municipal Heritage Committee. The report recommends that Council fill two (2) vacancies on the Municipal Heritage Committee. ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that Laurel Campbell and Gary Burke be appointed to the Municipal Heritage Committee. Carried Unanimously RATIFICATION OF CORPORATE SERVICES COMMITTEE MATTERS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the actions taken in Corporate Services Committee, on April 12, 2010 be approved. Carried Unanimously 1. F- 2010 -18 2010 Water & Sewer Volumetric Rates 1. That Council approve the 2010 Water and Sewer Volumetric Rates and Fixed Service Charges and all other rates • and fees as outlined in Appendix "A ". 2. That Council approve staffs participation with Regional staff and staff members of other local municipalities to review the methodology for establishing water and wastewater rates for 2011 and beyond. 3. That Council direct staff to review the billing process including the relationship with Niagara Peninsula Energy Inc. and to develop an alternate account structure for Council's consideration once the Regional review is completed. 2. CAO- 2010 -04 Winter Festival of Lights Line of Credit - 6 - April 12, 2010 Council Minutes REPORTS 1. That Council approve the credit guarantee for the Winter Festival of Lights for $400,000, subject to staff being satisfied with the WFOL financials. That the City's credit guarantee only be utilized after the WFOL's $100,000 line of credit has been fully utilized. 3. That an annual review of the WFOL financial situation take place prior to Council's approval of future grants to the festival. That WFOL provide monthly financial statements to the City during the period of time that the City is the credit guarantor. 5. That the annual credit guarantee amount be reduced annually in keeping with the WFOL improved financial situation. 6. That the City pay down the debt $100,000 annually, through a reduction in the WFOL grant, commencing in 2011. RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS' ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati that the actions taken in Community Services Committee, on April 12, 2010 be approved. Carried Unanimously 1. Approval of the March 22, 2010 Community Services Minutes. 2. REPORTS: a) MW- 2010 -11 Tender 2010 - 152 -05, Weightman Bridge Rehabilitation Portage Road crossing the Welland River from Macklem Street to Bridgewater Street The contract be awarded to the lowest bidder Rankin Construction Inc. at the tendered price of $ 3,845,766.50. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. 3. That Ellis Engineering Inc. be awarded the assignment of part-time construction supervision and Contract Administration for this project in the amount of $ 127,387.50. b) MW- 2010 -15 Chippawa Boat Dock - Update That the report be deferred. c) R &C- 2010 -09 M.F. Ker Park Concession Agreement - 7 - April 12, 2010 Council Minutes 1. That a license agreement between GNBA and the City of Niagara Falls to operate the concession May 1 - September 15, 2010 at M. F. Ker Park be approved. That Council approve the by -law listed later on the April 12, 2010 agenda authorizing the Mayor and Clerk to execute the necessary agreement. d) R &C- 2010 -08 RFP -P09 -2010 - Supply and Delivery of Over the Counter Beverages, Vending and Related Equipment 1. That the proposal from Coca -Cola Canada for the Supply and Delivery of Over the Counter Cold Beverages, Vending and Related Equipment at the Gale Centre and Chippawa Willoughby Memorial Arena be approved. That the Mayor and Clerk be authorized to execute the necessary contract documents. e) PD- 2010 -29 CB &FIG- 2010 -002, 4519 -4525 Queen Street That the Committee recommend to Council the approval of the Commercial Building and Facade Improvement Grant for 4519 -4525 Queen Street subject to the owners satisfying all the program requirements including all necessary permits and entering into an agreement with the City. 2. That the Mayor and Clerk be authorized to execute the grant agreement. TS- 2010 -23 - Falls Shuttle Service Amendment That Council approve the proposed enhancements to the Falls Shuttle service. - 8 - April 12, 2010 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. F- 2010 -19 - Annual Statement of Remuneration and Expenses. The report is recommended for the information of Council. L- 2010 -05 - Release of Development Agreement Parts 1, 2 & 3 on Reference Plan 59R- 13311, Stanley Avenue Industrial Lands ( Former Treibacher Site). The report recommends that the release of a Development Agreement registered on title to parts 1,2 & 3 on Reference Plan 59R -13311 ( "subject land ") is hereby approved and authorized. L- 2010 -06 - Release of Easement Parts 81 -88, Plan 59R -13264 Deerfield Estates. The report recommends that several easements registered on title to Parts 81 -88, Reference Plan 59R -13264 ( "subject lands "), for the purpose of storm sewers, be released at no cost to the City. MW- 2010 -13 - Assumption of Various Subdivisions. The report recommends that the City formally assume the Subdivisions listed in this report. MW- 2010 -14 - Restructuring of Roles Within the DWQMS. The report recommends that Council authorize staff to amend the Drinking Water Quality Management System (DWQMS) Operational Plan to more accurately reflect the current organizational structure. MW- 2010 -16 - Tender T02 -2010 Primary and Secondary Contractors for the Supply Service and Repair of Sanitary Sewermain, Laterals, Watermains and Water Service. The report recommends that Council award contracts to 1. O'Hara Trucking and Excavating Inc. as the primary contractor, 'and 2. Alfidome Construction Limited as the secondary contractor, and that: 3. The Mayor and Clerk be authorized to execute the necessary agreements. MW- 2010 -18 - RFT # TR08 -2010 For the Supply and Installation of a Stormwater Drainage System at the Patrick Cummings Memorial Sports Complex. The report recommends that the tender from Stevensville Lawn Service (2821 Stevensville Road, Stevensville, ON. LOS 150) for the Supply and Installation of a Stormwater Drainage System at the Patrick Cummings Memorial Sports Complex in the amount of $97,245.00 (excluding GST) be approved. PD- 2010 -27 - SWC- 2009 -006, Paris Crepe Bistro Sidewalk Cafe Licence Agreement with the City, 4613 Queen Street. The report recommends that the Mayor and the City Clerk be authorized to execute a Sidewalk Cafe Licence Agreement with Andree Mirelle Demorge Clement and 4613 Queen Street Limited to permit the operation of a sidewalk cafe over a portion of the City sidewalk in front of Paris Crepe Bistro located at 4613 Queen Street. - 9 - April 12, 2010 Council Minutes TS- 2010 -24 - Tender for Supply of Materials and Services for Pavement Markings. (Contract T2010 -10 - On- street small machine, Contract T2010 -12 On- street Application Truck Mounted). The report recommends that Provincial Maintenance be awarded Contract T2010 -10 and T2010 -12 for on- street pavement markings, truck - mounted and small machines, and that the Mayor and City Clerk be authorized to execute the necessary agreements. TS- 2010 -25 - Tender for Supply of Materials and Services for Pavement Markings - Contract T2010 -11 ( Parking Lots and City Owned Lands). The report recommends That Provincial Maintenance be awarded Contract T2010 -11 for Parking Lots and City owned lands' pavement markings; and that the Mayor and City Clerk be authorized to execute the necessary agreements. ORDERED on the motion of Councillor Fisher, seconded by Councillor Pietrangelo that the reports on the consent agenda be approved as recommended. Carried Unanimously BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be given a first reading. Carried Unanimously 2010 -48 A by -lawto authorize an Application General to amend the register to release a Development Agreement registered as Instrument NumberSN210562 over Parts 1, 2 & 3 on Reference Plan 59R- 13311. 2010 -49 A by -law to authorize an Application General to amend the register to release easements registered as Instrument Number SN144492 over Parts 81 -88 inclusive, on Reference Plan 59R - 13264. 2010 -50 A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with Andree Mireille Demorge Clement c.o.b. as Paris Crepes Bistro, and 4613 Queen Street Ltd., respecting the licencing of a Sidewalk Cafe over a portion of City sidewalk in front of Paris Crepes Bistro located at 4613 Queen Street. 2010 -51 A by -law to establish Part of Lots 178 and 187 Stamford designated as Parts 1 and 2 on Plan 59R -14122 and Part of Lot 187 Stamford designated as Part 3 on Plan 59R -14122 as a public highway, to be known as and to form part of Oakwood Drive. 2010 -52 A by -law to authorize the execution of a Concession Licence Agreement with the Greater Niagara Baseball Association respecting concession privileges at M. F. Ker Park located at 3420 Sinnicks Avenue, Niagara Falls. 2010 -53 A By -law to amend By -law No. 2007 -161, being a by -law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of water rates. 2010 -54 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 12 day of April, 2010. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be read a second and third time and passed. Carried Unanimously Regional Council with Councillor Wing opposed. DEAN IORFIDA CITY CLERK -10- April 12, 2010 Council Minutes NEW BUSINESS Niagara Falls Humane Society ORDERED on the motion of Councillor Wing, seconded by Councillor that the recent reports on Humane Society funding be re-circulated to Council. Carried Unanimously ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that the Council support a 19 member Regional Cobncil, currently espoused by His Worship Doug Martin, Mayor of Fort Erie and first proposed by Niagara Falls City Council in 2003. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that the meeting be adjourned at 8:30 p.m. Carried Unanimously R.T. (TED) SALCI, MAYOR Carried