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2012/05/08SEVENTH MEETING REGULAR COUNCIL MEETING May 8, 2012 Council met on Monday, May 8, 2012 at 4:30 p.m. in a Committee of the Whole meeting. All members of Council except Councillor Pietrangelo were present. Council met for the purpose of considering Regular Business matters in Council Chambers at 6:30 p.m. All members of Council were present. Councillor Gates offered the Opening Prayer. ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson that the minutes be approved, as printed. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Wing indicated an indirect pecuniary interests with report PD- 2012 -30, as her husband does the website for the organization, TS- 2012 -25 and related By -law 2012 -32, as her daughter is a Brock student and with By -law 2012 -29 as her property was in the circulations area. PRESENTATIONS/ DEPUTATIONS Great Niagara Portage Adventure Don Jackson, Fundraising Chair of the Lundy's Lane Battlefield Legacy Project updated Council on the fundraising activities of the group and their upcoming event, the Great Niagara Portage. Mr. Jackson encouraged Council to participate in the upcoming event. ORDERED on the motion of Councillor Gates, seconded by Councillor Kerrio that Council and staff enter a team in the upcoming event. Carried Unanimously Chippawa Public Dock Committee Jay Mason, of the Chippawa Public Dock Committee, addressed Council on some of the upcoming fundraising events their group has planned. Ben Newell of Tim Horton's was present and informed Council of the upcoming 2nd Annual Run for the Docks Event. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that Council support the run, waive related fees and provide the appropriate staff support. Carried Unanimously 12 Women in a Tent Barb Greenwood, Regional Councillor, informed Council of the latest installment of this Project SHARE event. The Women participating in the upcoming 12 Women in a Tent fundraiser were present. - 2 - Council Minutes May 8, 2012 Governance Matthew Siscoe, Councillor from the City of St. Catharines, informed Council of the activities of the governance committee his Council has formed and encouraged the City of Niagara Falls to set up a similar committee. He indicated that all governance options were being considered by his committee. PLANNING MATTERS PD- 2012 -16 - AM- 2012 -001, Zoning By -law Amendment, West Side of Kalar road, South Side of Brown Road. Applicant: Heartland Forest Niagara. Agent: Thomas Richardson, Sullivan Mahoney LLP. Expansion of a Proposed Multi- Purpose Buiilding The Director of Planning reviewed the recommendations and provided the following information. Background A Zoning By -law amendment is requested for 10.8 ha (26.7 ac) of the applicant's total holdings at the southwest corner of Kalar Rd. and Brown Rd. to permit a larger multi- purpose building to be developed. Current zoning permits the land to be used for a recreational trailer camp with up to 195 trailer sites and a multi - purpose building with a maximum 500 sq. m.(5,382 sq ft) and accessory buildings and structures subject to Holding (H) provisions that require adequate stormwater, sanitary and water services to service the land. The applicant is requesting: ► An increase in the permitted floor area of the proposed multi - purpose building be increased to 1400 sq m. (15,069 sq ft) ► Reduce the portion of required landscaping strip along Kalar Rd. from 15 m to 5 m (49 ft to 16 ft) to accommodate parking and access to the larger building. ► Lift the Holding (H) provisions that apply to the lands requiring adequate sanitary and stormwater and water services. Planning Analysis Official Plan Lands designated Special Policy Area 35 in City's Official Plan Portions of land are designated Resort Commercial (RC) and Environmental Protection Area (EPA). Site specific policies permit the development of a resort commercial development consisting of high and low intensity components. Lands designated EPA are to be retained in a natural state and used only for passive recreational and educational purposes. The first phase of development has included the establishment of trails in the woodlot and a multi - purpose building to house a museum /interpretive centre. Low rise buildings and extensive landscaping help the development fit in with the natural features of the area. Zoning A multi - purpose building is already a permitted use. The following changes are appropriate: ► Increase the floor area of the multi - purpose building from 500 sq m (5,382 sq ft) to - 3 - Council Minutes May 8, 2012 1400 sq m (15,069 sq ft) to house museum and interpretive centre. ► Decrease the width of the landscape strip along Kalar Rd. from 15 m (49 ft) to 5 m (16 ft) to accommodate parking for the multi - purpose building. This was originally planned to buffer the trailer sites. ► A 30 m (98 ft) building setback from the wetland boundary be implemented. Holding provisions were applied because water and sanitary sewer were not yet available and can now be removed as water and sanitary services have been constructed. A stormwater management plan has been submitted for the multi - purpose building only, which indicates the stormwater generated by this building and parking area can be accommodated through roadside ditches. Stormwater management can be addressed through the site plan process. A stormwater management plan for the balance of the first phase has not yet been finalized and approved by the City, NPCA and the owner of Thompson's Creek, so the holding (H) provision should remain in place for this portion of the site. It is recommended that the Provincially Significant Wetland (PSW) shown by the applicant, be zoned Environmental Protection Area (EPA). Conclusion The amendment to adjust zoning standards and to lift holding provisions in order to permit the construction of a larger multi - purpose building can be supported because: ► complies with the Official Plan policies and will facilitate the first phase of a comprehensive resort development; and ► sanitary and water services are now available to service the land, holding (H) provisions respecting these services are no longer necessary. It is recommended that the portion of the land illustrated by the applicant as affected by a Provincially Significant Wetland (PSW) be placed under an Environmental Protection Area (EPA) zone; A 30 m setback for buildings and structures be included from the PSW. Recommendation That Council approve the Zoning By -law amendment application to amend the site specific Resort Commercial Establishment (RCE(H) -654) zoning of the land to: ► Permit a 1,400 square metre multi - purpose building; ► Reduce the width of a portion of the required landscaping strip along Kalar Road next to the parking lot to 5 metres; and ► Lift Holding (H) provisions that require the availability of adequate sanitary and water services to service the land prior to development. That the Holding (H) provisions that require an adequate storm sewer system prior to development remain in place until a stormwater management plan, in accordance with the August, 2005 report prepared by Upper Canada Consultants, has been accepted by the City, Niagara Peninsula Conservation Authority and the owner of Thompson's Creek. That the amending by -law rezone a portion of the land shown as "EPA Zone" on the Schedule 1 of the staff report from RCE (H) — 654 to Environmental Protection Area (EPA - 655) and establish a 30 metre building setback from the EPA -655 zone, to protect the Provincially Significant Wetland on the land. Flory Massi, a former Board member for Tender Wishes and the Boys and Girls Club, outlined the benefits of heartland Forest and was in favor of the application. - 4 Council Minutes May 8, 2012 Dan Bouwman, owner of Heartland Forest, outlined his efforts to give back to the community. Elisabeth Graham, Executive Director of Heartland Forest, outlined how the operation directly affected her family and the benefits to the community. Patrick Maloney, Sullivan Mahoney, representing the applicant, indicated that his client is in support of the staff report but asked that recommendation #3 be deleted. Part of Heartland Forest's mandate is to protect environmentally sensitive lands. There is some dispute regarding the actual delineation of the PSW, however, that is irrelevant to the rezoning Council is currently dealing with related to the building. He asked that Council disregard the Cytec comments as an evacuation protocol can be worked out during site plan stage and the development is already restricted to a height of 10m. He assured Council that his client has a good working relationship with Cytec. The Public Meeting was Closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that staff recommendations # 1 and # 2 be approved and the Cytec comments received and filed. Carried Unanimously with Councillor Wing declaring a conflict Councillor Pietrangelo chaired the Budget meeting. 7:35 p.m. BUDGET MATTERS The Director of Finance made a presentation on the status of the Capital needs and debt management for the City. ORDERED on the motion of Councillor Mayes, seconded by Mayor Diodati that Council accept option "2" funding for the remainder of 2012. Motion Carried with Councillor Morocco, loannoni and Pietrangelo opposed. Councillor Pietrangelo stepped down as Chair, 9:00 p.m. MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati advised of the following events: Drinking Water Week, Mike Strange's Boxrun, Lyme Disease Awareness month, Nurses Weekend Community Clean Sweep. Mayor Diodati advised of upcoming events: the Ride of Silence, Miss America is coming to Niagara Falls with the Teddy Bears of Hope, Springlicious, Comic Con Niagara and the Region's Prescription Drug drop -off. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 Canadian Tire Jumpstart Charities - requesting that May 26, 2012 be proclaimed as "Jumpstart Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the request be approved as recommended. Carried Unanimously - 5 - Council Minutes May 8, 2012 2. Municipal Works Staff - requesting that the week of May 20'h ,2012 be proclaimed as " National Public Works Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves that the request be approved. Carried Unanimously 3. CNIB - requesting that the month of May be proclaimed as "Vision Health Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Maves, seconded by Councillor Thomson that the request be approved as recommended. Carried Unanimously 4. Ontario Human Rights Commission - requesting that June 15, 2012 be proclaimed as "Ontario Human Rights Code Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that the request be approved as recommended. Carried Unanimously 5. Regional Municipality of Niagara - requesting lower -tier Council representation on the Region's Water /Wastewater Review Task Force. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that Councillor loannoni be forwarded as the Niagara Falls City Council representative to the task force. Carried Unanimously 6. City of Welland - requesting that the City consider partnering with their municipality on a bid to be the location for baseball /softball for the 2015 PanAm Games. RECOMMENDATION: Refer to Staff. ORDERED on the motion of Councillor Wing, seconded by Councillor Kerrio that the communication be referred to staff. Carried Unanimously 7 Celebrate Old Downtown - various requests and waiver fees related to the annual "Springlicious" event. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Wing, seconded by Councillor Morocco that the various requests, including fee waivers, be approved. Carried Unanimously - 6 - Council Minutes May 8, 2012 REPORTS RATIFICATION OF COMMITTEE OF THE WHOLE RECOMMENDATIONS ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the actions taken in the Committee of the Whole meeting, May 8, 2012 be approved. Carried Unanimously 1) The Committee of the Whole minutes of the April 24, 2012 be approved. 2) REPORTS: a) MW- 2012 -29 Peer Review of Development Charges Background Study and Policies 1. That the report be deferred to a future meeting in Open Council b) MW- 2012 -30 Regional Niagara Waste Contract Multi- Residential Waste Collection 1. That City Council support the award of the multi - residential front End Waste Collection tender to BFI Canada Inc., and, 2. That Council endorse the reduction in service levels recommended by Niagara Region's Waste Management staff, and, 3. That Council support the provisions of the Region's Solid Waste By -Law including the cancellation of front end waste collection services to those properties that choose not participate in the cart-based recycling program offered by the Region as part of the Base Level of Service. c) R &C- 2012 -09 2012 Slo -Pitch Tournaments 1. That Council endorse the Slo -Pitch Championship weekend headquarters to be located at Chippawa Willoughby Memorial Arena on the following weekends: Can Am Weekend, May 26 - 27, 2012; Slo -Pitch Nationals, August 3 - 6, 2012; SPN Championships: August 24 - 26, August 31 - September 2, September 7 - 9, and September 14- 16, 2012. 2. And that local youth organization (NFMHA, NFGHA, RMHA) ice rentals are transferred from Chippawa Willoughby Memorial Arena to the Gale Centre from September 12 to September 28, 2012, to accommodate SPN Championship September weekends. RESOLUTIONS NO.12 - THOMSON- PIETRANGELO - therefore be it resolved that Niagara Falls City Council considers the Rotary Club of Niagara Falls Sunrise Ribfest to be an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. NO.13 THOMSON- PIETRANGELO - therefore be it resolved that Niagara Falls City Council considers the Women Who Care For Project SHARE a public event of municipal significance and supports the provision of a Special occasion Liquor Licence (SOP) for the event. - 7 - Council Minutes May 8, 2012 NO. 14 - THOMSON- PIETRANGELO - therefore be it resolved that Niagara Falls City Council considers the fifth annual Niagara Music Awards to be an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. 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. CD- 2012 -04 - Adult Entertainment Appeals. The report recommends that based on the recommendation of the Adult Entertainment Appeals Committee, the decisions of the Issuer of Licences to revoke the licences of the appellants be upheld. F- 2012 -22 - Cancellation, Reduction of Refund of Taxes. The report recommends that Council approve the cancellation, reduction or refund of taxes on the various accounts per the attached summary and granted to the property owners listed. HR- 2012 -03 - Code of Ethics. The report recommends that Council approve the attached Code of Ethics (Conflict of Interest) Corporate Policy. L- 2012 -08 - Renewal of Licence Agreement with Hydro One Networks Inc. Land Abutting St. Gabriel Lalemant School. The report recommends the following: 1. That the City enter into a Licence Renewal Agreement with Hydro One Networks Inc. ( "HONI ") with respect to the use of its lands abutting St. Gabriel Lalemant School, Vine Street, 2. That the Mayor and Clerk be authorized to execute said Licence Renewal Agreement. MW- 2012 -21 - Consultant Appointment - Engineering Services RFP15 -2012 Material Testing Services and Geotechnical Investigations Contract for 2012 -2013. The report recommends the following: 1. That the Mayor and Clerk be authorized to sign and execute a Consulting Services Agreement with Coffey Geotechnics, as the primary consultant for Sections A and B of the Material Testing Services and Geotechnical Investigations contract in the amount of $74,017.00 excluding HST. 2. That a second Consulting services Agreement be signed and executed with Inspec Sol Inc as the secondary consultant for Section A of the Material Testing Services and Geotechnical Investigations contract in the amount of $26,230.00 excluding HST. MW- 2012 -25- Tender - Corwin Crescent and Walter Avenue Watermain Replacement. The report recommends the following: 1. The contract be awarded to Demar Construction at the tendered price of $220,198.39. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. MW- 2012 -28 - Downtown Revitalization Project Phase 2 - Downtown Park Tender Results and Update. The report recommends the following: 1. The contract be awarded to the lowest bidder Peter's Excavating Inc. at the tendered price of $ 276,048.00 excluding HST. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. 8 Council Minutes May 8, 2012 TS- 2012 -19- Willoughby Drive - Traffic Operations Review. The report recommends that this report be received for the information of Council. TS- 2012 -23 - Downtown Parking Program. The report recommends the following: 1. The program outlined in this report, established to encourage customer patronage and to provide flexibility and parking options, be approved. 2. The Downtown Board and Staff continue to develop parking programs that will enhance the customer experience. TS- 2012 -24 - Contract Renewal - Canadian Corps of Commissionaires. The report recommends the following: 1. That Council approve a three (3) year extension to the Canadian Corps of Commissionaires (Hamilton) contract for the supply of Parking Control Services, School Crossing Program Administration, Building Security Services; and; 2. That the Mayor and City Clerk be authorized to execute the necessary agreement. TS- 2012 -25 - Transit Agreement with Brock University Students Union (BUSU). The report recommends the following: ► That Niagara Falls Transit services be provided to full -time Brock University students for the school year: September 2012 through April 2013. ► That Niagara Falls Transit service is extended to Brock University in St. Catharines. ► That the municipality enter into a one year agreement with Brock University Student's Union to provide the service at full cost recovery. ► That the Mayor and City Clerk be authorized to execute the necessary agreement. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the reports on the Consent Agenda be approved as recommended. Carried Unanimously with Councillor Wing indicating a conflict on TS- 2012 -25. HR- 2012 -05 - Council Remuneration. The report recommends that Council reaffirm By -Law 99 -22, retroactive to January 1, 2012. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the recommendation report be approved. Motion Defeated with Councillors Maves, Kerrio, Gates, Morocco and Pietrangelo opposed. ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that By -law 99 -22 be reinstituted after the next municipal election. Motion Carried with Councillors Thomson, Pietrangelo and Gates opposed. Property Matters L- 2012 -07 - Declare Surplus Vacant Land West Side of Palmer Avenue The report recommends that approximately 0.130 acres of vacant City -owned land as shown hatched on the attached location map ( "subject land "), being a triangular shape covered with grass with frontage on Palmer Avenue, be declared surplus and offered for sale. ORDERED on the motion of Councillor Maves, seconded by Councillor Morocco that the report be approved as recommended. Carried Unanimously - 9 - Council Minutes May 8, 2012 BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the by -laws be given a first reading. Motion Carried with Councillor Gates opposed to By -law 2012 -31 and Councillor Wing indicating a conflict with By -law 2012 -32 2012 -26 A by -law to declare Block 44 Plan 172 designated as Part 4 on Reference Plan 59R -783, in the City of Niagara Falls, surplus. 2012 -27 2012 -28 2012 -29 A by -law to authorize the execution of a Licence Renewal Agreement with Her Majesty The Queen in Right of Ontario as represented by The Minister of Infrastructure, respecting the use of the Hydro corridor adjacent to City lands known as Don Johnson Park, for recreational purposes. A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Heavy Vehicle Restriction, Taxi Cab Stands, Parking Prohibited) A by -law to amend By -law No. 79 -200, to permit a tourist home (bed and breakfast) on the Lands, in addition to the uses permitted in an R2 zone. (AM- 2011 -016) 2012 -30 A by -law to provide for the adoption of Amendment No.102 to the City of Niagara Falls Official Plan. (OPA No. 102) 2012 -31 A by -law to amend By -law No. 79 -200, to guide the development of the Optimist Park Plan of Subdivision on the Lands. (AM- 2011 -003) 2012 -32 A by -law to authorize the execution of an agreement between the Corporation of the City of Niagara Falls and Brock University Student's Union (BUSU) for the provision of transit services. 2012 -33 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 8th day of May, 2012. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the by -laws be read a second and third time and passed. Motion Carried with Councillor Gates opposed to By -law 2012 -31 and Councillor Wing indicating a conflict with By -law 2012 -32. NEW BUSINESS NHS ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that correspondence be sent to Dr. Smith stating Council's official position on the interim report on the NHS restructuring is that Niagara Falls City Council is in agreement with the recommendation for a new hospital in South Niagara, however, Niagara Falls City Council does not want to see services, most notably maternity and pediatrics, diverted from the local hospitals to the new "north" healthcare complex in the interim; and That Niagara Falls City Council would expect more details on the re- examination of the HIP (Hospital Improvement Plan) in the final report and greater clarity on when and if Dr. Smith's final report supercedes the HIP where any contradictions exist. Carried Unanimously - 10 - Council Minutes May 8, 2012 Door to Door Solicitation ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that the Federal Government be petitioned to consider a "Do Not Call" legislation for door to door solicitation similar to the "Do Not Call" telephone solicitation legislation and the request be circulated to other municipalities. Carried Unanimously OMAFRA ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the staff of OMAFRA (the Ontario Ministry of Agriculture, Food and Rural Affairs) be requested to take appropriate enforcement action on individuals not authorized to have bees. Carried Unanimously Building /Permit Fees ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Wing that staff bring back a report on the application of double permit fees under the Ontario Building Code and the status of Sign Permit Fees since the implementation of the new Sign By -law. Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that the meeting be adjourned at 10:00 p.m. Carried Unanimously DEAN IORFIDp, CI 1'Y CLERK JAMES M. DIODATI, OR