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2012/02/14 THIRD MEETING REGULAR COUNCIL MEETING February 14, 2012 Council met on Monday, February 14, 2012 at 6:40 p.m. in an In Camera session. Following consideration of the items presented, the In Camera Session did rise and report in open session. All members of Council except Councillor loannoni were present. Council met for the purpose of considering Regular Business matters in Council Chambers at 6:30 p.m. All members of Council except Councillor loannoni were present. Councillor Pietrangelo offered the Opening Prayer. ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves that the minutes be approved, as amended. Motion Carried with Councillor Gates opposed. ORDERED on the motion of Councillor Gates, seconded by Councillor Morocco that the Region be asked to review its population numbers based on the 2011 census. Motion Carried with Councillors Maves and Thomson opposed. * * * ** DISCLOSURES OF PECUNIARY INTEREST Councillor Wing indicated a conflict on an In Camera matter. * * * ** ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that Kim Craitor be permitted to speak. Carried Unanimously Kim Craitor, M.P.P. introduced wire walker, Nik Wallenda, who is looking for the Niagara Parks Commission to approve his proposed 1,800 foot tightrope walk across Niagara Falls this summer. Nik Wallenda, thanked Council for their support and informed them that he would be meeting with the Niagara Parks Commission the following day. * * * ** DEPUTATIONS /PRESENTATIONS 1812 Breakfast and Public Skate Ben Newell and Jay Mason informed Council of the upcoming event at the Chippawa Arena. The 1812 Breakfast will be held March 11 in which there will be free public skating and May 12' will be the dinner dance fundraiser being held at the Chippawa Fire hall. Mr. Mason asked for Council's consideration in waiving the ice time fees for the event. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the City waive the ice time fees and staff provide support and requested equipment. Carried Unanimously ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that Council petition Ontario Power Generation (OPG) to continue to work with the Chippawa Dock Owners Association. Carried Unanimously Youth Without Secure Housing Pat Waters, Past Chair of Youth Without Secure Housing and Jackie Symes, Outreach Supervisor of RAFT, made a brief powerpoint presentation to Council addressing at -risk youth, considered the invisible homeless in our community. * * * ** PLANNING MATTERS PD- 2012 -12 - AM- 2011 -013, Zoning By -law Amendment Application, 5068 Centre Street and 5781 Ellen Avenue. Applicant: Ashak Merani, Agent: Al Heywood. Adjust Zone Boundaries & Regulations. The Director of Planning reviewed the recommendations and provided the following information. Background Zoning By -law amendment requested for Days Inn at 5068 Centre St. and Greg Frewin Theatre at 5781 Ellen Ave. 5068 Centre St has site specific Tourist Commercial zoning (TC -588) for building design, parking & landscaping. 5781 Ellen Ave. has site specific Tourist Commercial zoning (TC -863) for parking & landscaping. In July 2011, the lot line between the two properties was moved westerly to fix a parking encroachment problem. Applicant is requesting: Changes to the site specific zones to reflect the new lot line approved by the Committee of Adjustment. ► A reduction to the landscaping strip along the east property line of 5781 Ellen Ave. from 5 m to 3.4 m. Neighbourhood Open House Held on November 30, 2011. No neighbours attended. Official Plan Subject lands are designated Tourist Commercial in the Official Plan. Proposed amendment is within the intent and purpose of the Official Plan. Zoning The request to move the zone designation westerly 1.7 m to include the lands in the TC- 588 zone can be supported as it reflects the realigned lot line. Zoning By -law 2009 -84 (TC -863) requires a 5 m wide landscape strip along the east property line of 5781 Ellen Ave. The Zoning By -law amendment will recognize the existing landscape width of 3.4 m. Site Plan Both 5068 Centre St. & 5781 Ellen Ave. have site plan agreements registered on title, the drawings for both properties will have to be revised to reflect the reduced landscaping strip and new lot configuration - 3 - February 14, 2012 Council Minutes Conclusion The zoning amendments can be supported because: ► It matches the new common lot line (approved by the Committee of Adjustment B- 2011 -011) ► The reduced landscaping strip has been in existence for a considerable time without any adverse issues. Recommendation That Council approve the Zoning By -law amendment application to adjust the boundaries of the site specific Tourist Commercial zones (TC -588 & TC -863) in effect on 5068 Centre Street and 5781 Ellen Avenue to reflect the new common lot line approved by the City's Committee of Adjustment and the resultant lesser landscaping strip along the east property line of 5781 Ellen Avenue. The Public Meeting was Closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the report be approved as recommended. Carried Unanimously WATER MATTERS 1. MW- 2012 -08, Promotion of Municipal Drinking Water - Blue W Program The report recommends that staff be authorized to proceed with the implementation of the Blue W program. Evan Pilkington, Director of Blue W, a municipal drinking water program addressed Council on his company's program which has businesses self- identifying the availability of water. ORDERED on the motion of Councillor Wing, seconded by Councillor Pietrangelo that the report be approved as recommended. Motion Carried with Councillor Kerrio opposed. 2. R &C- 2012 -03 - Plastic Beverage Bottles Update The report recommends the following: 1. That Council reconfirms its decision from February 23, 2009, to eliminate the sale of all plastic beverage bottles at City owned facilities, municipal buildings, and recreation facilities, a position endorsed and supported by the Park in the City Committee and the Mayor's Youth Advisory Committee. 2. That Council continues to support the elimination of the sale of plastic beverage bottles including biodegradable bottles and glass water bottles at the Gale Centre. 3. That Break -A -Way Concessions, the Gale Centre's exclusive food and beverage provider be permitted to install two snack vending and two game machines at designated locations at the Gale Centre. ORDERED on the motion of Councillor Wing, seconded by Councillor Gates that recommendation # 1 be approved. Motion Carried with Councillors Morocco, Mayes and Kerrio opposed. - 4 - February 14, 2012 Council Minutes ORDERED on the motion of Councillor Wing, seconded by Councillor Thomson that recommendation # 2 be approved. Motion Defeated Councillors Pietrangelo, Maves, Kerrio and Morocco opposed. ORDERED on the motion of Councillor Wing, seconded by Councillor Gates that recommendation # 3 be deferred. Motion Defeated with Councillors Thomson, Morocco, Kerrio and Maves opposed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves that recommendation # 3 be approved. Motion Carried with Councillors Gates and Wing opposed. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates that Council suspend its procedural rules to allow for a motion of reconsideration for allowing the sale of glass bottles. Motion Carried with Councillors Wing and Morocco opposed. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that the City ban the sale of glass bottles at all City facilities. Motion Carried with Councillor Wing opposed. * * * ** ORDERED on the motion of Councillor Wing, seconded by Councillor Thomson that staff bring back a report defining "biodegradable ". Motion Carried with Councillor Kerrio opposed. * * * ** REPORTS 1. MW- 2012 -01 - Lundy's Lane Gateway/Walkway, Class Environmental Assessment - Final Report. The report recommends the following: 1. That the Lundy's Lane Gateway/Walkway Class Environmental Assessment (December 2011) be received, and 2. That staff be directed to file the Notice of Study Completion effective February 17, 2012. Rick Hein, R & R Associates will make a presentation. ORDERED on the motion of Councillor Wing, seconded by Councillor Thomson that the report be approved as recommended. Carried Unanimously 2. MW- 2012 -09 - Patrick Cummings Memorial Sports Complex Project Detail Report. The report is recommended for the information of Council. ORDERED on the motion of Councillor Maves, seconded by Councillor Gates that the report be approved as recommended, Carried Unanimously * * * ** - 5 - February 14, 2012 rY , Council Minutes MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati advised of recent events: Niagara Falls native, Deadmau5 (Joel Zimmerman)performed at the Grammys and was nominated for Artist of the Year at the Junos, City employee Marlene Ness won the naming contest for the steel statue at the Gale Centre with the entry "Blades of Steel" and Breakfast Television was at Rink at the Brink. Mayor Diodati advised of some upcoming events: Mayor's Blood Donor Clinic, the State of the City address and the New Dog Park coming this spring at Fireman's Park. The Mayor Diodati advised of family Day activities at City facilities. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Friends of Laura Secord - requesting formal recognition and naming of a trail route and appointing a municipal representative. RECOMMENDATION: Refer to staff. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Morocco that the communication be referred to staff. * * * ** Carried Unanimously BUDGET 2012 BUDGET 9:55 p.m. Councillor Pietrangelo Chaired the Budget Meeting. The Director of Finance made a presentation to Council outlining the 2012 Operating Budget. 1. F- 2012 -06 - 2012 Permissive Grants The report recommends the following: 1. That Council commit to phase out all permissive grants not considered "core services" of the Corporation over a three (3) year period commencing in 2012 to coincide with the end of the current term of Council. 2, That no new funding requests be considered during 2012 or during the phase out period. 3. That Council approve transitional funding of $92,349 to the grant agencies for 2012 as outlined in Chart 1. 4. That Council consider requests from Women's Place of South Niagara and YWCA Niagara Region to become Fees for Service. Carmine Dix, Chair of the Library Board made a brief presentation to Council, outlining the importance of the grants for the library programs. Elizabeth Zimmerman, YWCA, asked that Council reconsider any grant cuts and consider the YWCA as a Fee for Service. ORDERED on the motion of Councillor Wing, seconded by Councillor Gates that the YWCA be moved to the Fee for Service. Carried Unanimously - 6 - February 14, 2012 Council Minutes Ruth Ann Brown, Women's Place of South Niagara, outlined the impact of losing funds would have on the organization and stressed how essential their service is. ORDERED on the motion of Councillor Gates, seconded by Mayor Diodati that Women's Place of South Niagara be added as a Fee for Service. Carried Unanimously Joe Maggiolo, GNGH Foundation, outlined the importance of the foundation and what it is responsible for. He stressed that equipment purchased by the Foundation stays at GNGH. ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson that the City continue to support GNGH and provide the grant of $50,000. Carried Unanimously ORDERED on the motion of Councillor Maves, seconded by Councillor Gates that the remainder of the permissive grant groups receive the 2011 allotment. Motion Carried with Councillor Wing opposed. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Gates that the meeting go past 11:00 p.m. Motion Carried with Councillors Thomson, Morocco and Gates opposed Councillor Pietrangelo stepped down as Chair, 11:05 p.m. RATIFICATION OF" IN CAMERA" RECOMMENDATIONS ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves that the recommendations from the " In Camera" meeting from February 14 2012 be approved. 1. PD- 2012 -15 Purchase of Battlefield School That Council support the purchase of the Battlefield School property fo $900,000 with a closing date no earlier than May 30, 2012 and that the Mayor & Clerk be authorized to sign any related documents. Carried Unanimously with Councillor Wing declaring a conflict. * * * ** RESOLUTIONS NO. 03 - PIETRANGELO - KERRIO - Therefore be it resolved that Niagara Falls City Council formally requests that the Regional Municipality of Niagara name the extension of Thorold Stone Road (Regional Road #57) as "Terry Fox Way ". Carried Unanimously * * * ** - 7 - February 14, 2012 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. MW- 2012 -05 - 2012 Capital Works Project, Cost Sharing with the Region of Niagara. The report recommends the following: That Council approve the commitment of funding for the City's share of the project costs coordinated with the Region of Niagara for the following projects in the 2012 Capital Works Budget: 1. Thorold Stone Road Extension 2. Drummond Road /Lundy's Lane - Municipal Services Improvements 3. Lundy's Lane (Highland to Main) Streetscaping 4. Chippawa - Low Lift Pumping Station Storage Facility 5. Mountain Road Reconstruction - Phase 3 (QEW to Dorchester Road) ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the report be approved as recommended. Carried Unanimously MW- 2012 -06 - Consulting Services - VTS Roadway and Servicing Improvements, Victoria Avenue at Walnut. The report recommends that the Mayor and Clerk be authorized to sign and execute a Consulting Services Agreement with Urban & Environmental Management Inc. for engineering design services for the Visitor Transportation System, roadway and servicing improvements at Victoria Avenue and Walnut Street for the upset limit of $39,370 excluding HST. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the report be approved as recommended. Carried Unanimously MW- 2012 -07 - Consultant Appointment - Engineering Services, Buckley Avenue Reconstruction Project (Queen Street to Park Street). The report recommends that the Mayor and Clerk be authorized to sign and execute a Consulting Services Agreement with Associated Engineering for the design of the road reconstruction and services for Buckley Avenue between Park Street and Queen Street for the upset limit of $47,930.00 excluding HST. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the report be approved as recommended. Carried Unanimously F- 2012 -05 - Municipal Accounts. The report recommends that Council approve the municipal accounts totalling $5,403,777.29 for the period January 5, 2012 to January 25, 2012. MW- 2012 -02 - Capital Works Improvements, Bulk Water Hauler's Stations. The report recommends the following: 1. That Council authorize staff to proceed with the planned improvements to the City's Bulk Water Hauler's Stations (2) and grant preapproval in the amount of $150,000 from the 2012 Utility Budget to fund this project. 2. That the Mayor and Clerk be authorized to sign an agreement with Metcon Sales and Engineering Ltd. for the software and technical support components of the project. - 8 - February 14, 2012 Council Minutes PD- 2012 -11 - Commercial Building & Facade Improvement Application CB & FIG - 2012 -001, Mija Pak, 4299 Queen Street, Former Hamilton Bank Building. The report recommends the following: 1. That Council approve the Commercial Building & Facade Improvement Grant Application for 4299 Queen Street, subject to the owner satisfying the program requirements including the entering into an agreement with the City and obtaining any required permits. 2. That the Mayor and Clerk be authorized to sign and execute the agreement. PD- 2012 -14 - 26CD -11- 2012 -01, Mansions of Forest Glen Condominium, Request for Exemption from Planning Act Requirements, 8111 Forest Glen Drive. Applicant: Mansions of Forest Glen Inc. (Fred Procopio). The report recommends the following: 1. That Council approve the request for exemption of the Mansions of Forest Glen Plan of Condominium from Planning Act approval under Subsection 9(3) of the Condominium Act. 2. That the Mansions of Forest Glen Plan of Condominium be draft approved subject to the conditions in Appendix 1. 3. That the Mayor or designate be authorized to sign the mylars and appropriate plans once the conditions in Appendix 1 have been met. 4. That the Mayor and City Clerk be authorized to execute any agreements and any other required documents to allow for the registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. R &C- 2012 -04 - Allister Young Arts & Culture Endowment Fund Policy. The report recommends that City Council approve the revised Allister Young Arts & Culture Endowment Fund Policy. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the remainder of the reports on the Consent Agenda be approved. Carried Unanimously * * * ** BY -LAWS ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that the by -laws be given a first reading. 2012 -09 A by -law to authorize the payment of $5,403,777.29 for General Purposes. 2012 -10 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 14 day of February, 2012. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the by -laws be read a second and third time and passed. Carried Unanimously * * * ** - 9 - February 14, 2012 Council Minutes NEW BUSINESS Consulting Services ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that staff report back on consulting services for 2011. Carried Unanimously * * * ** ORDERED on the motion of Councillor Thomson seconded by Councillor Maves that the meeting be adjourned at 11:35 p.m. Carried Unanimously * * * ** 5k 1t/ --KJ) r• DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, AYOR