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2013/07/09 TWELFTH MEETING REGULAR COUNCIL MEETING July 9, 2013 Council met on Tuesday, July 9, 2013 at 4:00 p.m. for an In Camera session. All members of Council were present. NO. - MOROCCO - THOMSON- THEREFORE BE IT RESOLVED THAT on July 9, 2013, at 4:00 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 matters that fall under the subject matter of 239(2)(c), proposed property disposition related to 6681 Culp Street and 4171 Fourth Avenue and 239(2)(f), advice subject to solicitor-client privilege regarding Regional Official Plan Amendment No. 2 and 4171 Fourth Avenue. Following consideration of the items presented, the In Camera Session did rise and report in open session. Council met in Council Chambers at 5:50 p.m. Councillor Thomson offered the Opening Prayer. All members of Council were present. ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that the minutes be approved as recorded. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor loannoni indicated a pecuniary interest to cheque no. 364542, an expense related to the FCM conference. Councillor Morocco indicated an indirect pecuniary interest to cheque no. 364824, made payable to her spouse. REPORTS 1. TS-2013-31 - Portage Road - Speed Control Follow Up Review The report recommends the following: 1) The speed hump nearest to Stamford Green Drive be removed; 2) An all-way stop control be installed at the intersection of Portage Road and Stamford Green Drive, on an interim basis; 3) In addition to the all-way stop, painted white edge lines be applied on Portage Road between Church's Lane and St. Paul Avenue; - 2- July 9, 2013 Council Minutes 4) The all-way stop be monitored for a six-month period; 5) Pending the outcome of the six-month evaluation period, if unsuccessful, the road narrowing and mountable centre median alternative be referred to the 2014 Capital Budget deliberations for consideration. Karl Dren, Director of Transportation Services provided Council with a power point presentation. Bev Hodgson, 3227 Portage Road, provided the opinion that any noise concerns are related to vehicle speeding, not the traffic devices. Ms. Hodgson is not opposed to the possible road narrowing and median but questioned more money being spent on interim measures. John Ferguson, 3240 Portage Road, the property adjacent to the northerly speed hump. Mr. Ferguson says that the humps have been effective with reduced speed and that the shaving of the southern hump lead to increase speeds. Janice Ane, 3262 Portage Road, feels that the answer is the chicane and road narrowing proposal. She's opposed to the interim measure of all-way stops which would be positioned near driveways making it difficult for residents to exit. She is willing to accept status quo until the possible long-term measures for 2014. The all-way stops create increased noise. Jacqueline Balfour, 3276 Portage Road, does not support the interim 4-way stop proposal and would be supportive of the chicanes. ORDERED on the motion of Councillor Morocco, seconded by Councillor loannoni that the Portage Road Speed remain status quo. Motion Defeated with Councillors Kerrio, Gates, Thomson, Pietrangelo and Wing opposed. ORDERED on the motion of Councillor Wing, seconded by Councillor Kerrio that the speed humps be left in, that chicane and road narrowing proposal be referred to the 2014 budget process for consideration and that staff continue to investigate alternate solutions for the area. Motion Carried with Councillors Morocco and loannoni opposed 2. PBD-2013-46 - New Draft Comprehensive Zoning By-law The report recommends that Council support the circulation of the new draft Comprehensive Zoning By-law to review agencies and the implementation of a public consultation process in order to obtain comments. ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that the report be approved as recommended. Carried Unanimously PRESENTATIONS/DEPUTATIONS 7:00 P.M. The Greenspan Brothers Mayor Jim Diodati recognized Eddie and Brian Greenspan, two of the most noted and distinguished lawyers in Canada, who were born and raised in Niagara Falls. The Mayor presented the gentleman with Keys to the City. - 3- July 9, 2013 Council Minutes Niagara Falls Red Raiders Provincial Champions Mayor Diodati recognized the Niagara Falls Red Raiders Under 14 Basketball team for their recent Provincial Championship. Peace Conference Joe Paonessa, Fatima Center, and Don Panel, Public Relations, Director addressed Council regarding their Peace Conference slated for the Scotiabank Convention Centre, September 8`h to 13'h. * * * * * PLANNING MATTERS 7:00 P.M. Public Meeting PBD-2013-42 - 26T-11-2013-01 & AM-2013-006, Windylane Draft Plan of Subdivision and Zoning By-law Amendment Application Blocks 246 and 247, Plan 59M-366, 8891 and 8931 Forestview Boulevard. Owner: Windylane Development Inc. ( Mark Resnick) The Manager of Community Improvement and Planning Projects reviewed the recommendations and provided the following information. Background In 2012, Council passed three Zoning by-laws to permit a development proposal for the former Loretto Academy property. the retention and conservation of the former Loretto Academy building and the development of 42 storey, 57 storey and 32 storey hotels and/or apartment buildings. The three by-laws included Holding (H) provisions requiring the completion of a Stage 4 Archaeological Assessment to the satisfaction of the Ontario Ministry of Tourism, Culture and Sport. In addition, the by-law affecting the southernmost parcel of includes an additional provision requiring the completion of a microclimate study to determine what is required to mitigate pedestrian level wind impacts around the Our Lady of Peace Chapel on the abutting property to the south. Planning Analysis ARCHAEOLOGICAL Previous archaeological assessments conducted by the applicant's archaeologist identified areas of interest on the lands to the north and east of the former Loretto Academy building. A Stage 4 Archaeological Assessment be undertaken. The Assessment has been accepted by the Ministry of Culture, Tourism and Sport. WIND The construction of the most southerly of the three proposed buildings has the potential to create uncomfortable wind conditions around the Our Lady of Peace Chapel. - 4- July 9, 2013 Council Minutes The applicant's microclimate report concluded that planting trees and a wood fence to the south west of the chapel would mitigate these potential impacts. The owner has entered into a development agreement to undertake the wind mitigation measures at the time of development, thereby fulfilling the zoning requirement. Conclusion The Holding (H) provisions can be lifted from all three by-laws because the requirements of the (H) holding provisions have been met to the satisfaction of the both Ontario Ministry of Tourism, Culture and Sport and the City. Recommendation That Council pass the by-laws appearing on tonight's agenda to lift the Holding (H) provisions from the subject lands currently zoned TC(H)-952, TC(H)-953 and TC(H)-954. Ed Lustig. Representing the applicant, was in favour of the staff recommendation report, thanked the Planning department and asked for Council's approval. The Public Meeting was Closed. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates that the report be approved as recommended. Motion Carried with Councillor Wing opposed. PBD-2013-21 - Public Meeting - Niagara Gateway Economic Zone and Centre Community Improvement Plan for Niagara Falls The Manager of Community Improvement and Planning Projects reviewed the recommendations and provided the following information. Background Analysis Niagara Region prepared the Gateway CIP to help stimulate economic development within employment lands of five area municipalities :Niagara Falls, Fort Erie, Port Colborne, Thorold and Welland. Employment lands are those lands that are designated for employment uses in local Official Plans and include industrial and non-retail commercial areas. The Niagara Region cannot adopt their own CIP. Therefore, the Region has requested that each municipality approve the CIP as their own. Gateway CIP will affect all employment lands within the City's urban area boundaries with added incentives for employment lands located within 'strategic locations for investment' Three areas within Niagara Falls which include the former CN lands south of Buttrey Street and two industrial areas along the QEW corridor, being the Kent Avenue area and the area south of Lundy's Lane. Two financial incentive programs: Tax Increment Based Grant Incentive program is designed to phase in the property tax increases which result from redevelopment and reassessment of the property. Grant level is determined by a point system. Points are given based on number of jobs created; construction value; environmental design performance and meeting the Region's Smart Growth Design Criteria. • Up to 10 years in the 'strategic locations for investment' • Grant will be 50/50 split between the City and the Region. Development Charges Grant For applications that qualify as 'exceptional projects' . • DC's are paid as required - 5- July 9, 2013 Council Minutes After occupancy, the performance score is determined to see if a one time DC grant is to be provided. The DC grant is capped at 1.5 million. The administration of the programs are to be shared jointly between the local municipality and the Region. Region is preparing a Program Guide which will more fully describe the types of development and redevelopment to be eligible for funding. Consider budgeting for the program in 2014. Conclusion Response to a recommendation made in the Niagara Gateway Economic Zone and Centre Report prepared in December 2008 which stated "the Region will work with area municipalities to create an attractive investment climate for its employment lands". Recommendation That Council approve the Niagara Gateway Economic Zone Community Improvement Plan (CIP) for the City of Niagara Falls and pass the by-law on tonight's agenda to adopt the CIP. The Public Meeting was Closed. ORDERED on the motion of Councillor loannoni seconded by Councillor Pietrangelo that the report be approved as recommended. Carried Unanimously * * * PBD-2013-45 - Matters Arising from Municipal Heritage Committee, request for Demolition 5031 River Road. The report recommends that Council direct staff to remove the property at 5031 River Road, Niagara Falls from the Municipal Register of Heritage Properties and authorize the processing of a demolition permit application. Sandra Deveraux, 3979 Melford Gres, Mississauga, is the proposed purchaser of the property and asked for Council's approval. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the report be approved as recommended. Carried Unanimously * * * * * MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati extend condolences to Ken Todd, CAO, on the passing of his mother- in-law, Isabelle Angle Mayor Diodati advised of recent events: Canada Day Celebrations, the launch of e- gaming at Delta Bingo, the Annual Serbian Picnic, Moodies Bakery's 5 year anniversary. Mayor Diodati advised of upcoming events: Nikola Tesla Birthday Commemoration, Annual Club Italia Picnic, 1812 BiCentennial Event at Drummond Hill Battlefield, 4`"Annual Charity Ride for Sick Kids at Marcel Dionne's Blue Line Restaurant. * * * * * - 6- July 9, 2013 Council Minutes COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Sullivan Mahoney on behalf of Marineland of Canada - requesting additional leased land and traffic signals at the Portage Road entrance/exit of the property. RECOMMENDATION: Refer to staff for a report. Tom Richardson, Sullivan Mahoney, representing Marineland explained why his client was seeking the additional leased City property near the entrance and WEGO bus stop, as Marineland's clientele is being subjected to protestors in these public areas. He indicated that Marineland would pay for the traffic signal updates. ORDERED on the motion of Councillor Morocco, seconded by Councillor loannoni that Council direct staff to move forward on the traffic light request and that staff come back with the proposed leases for consideration at the next meeting. Motion Carried with Councillors Gates and Wing opposed 2. River Road Residents - requesting action on a series of vacant buildings on River Road. RECOMMENDATION: For the information of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Maves that the communication be received for the information of Council. Carried Unanimously 3.a Clifton Hill B.I.A. b. Main and Ferry B.I.A. - requesting approval of their respective 2013 budgets. c. Fallsview B.I.A. d. Victoria B.I.A. RECOMMENDATION: For the approval of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the B.I.A. budgets be approved. Carried Unanimously 4. Correspondence from Downtown/Lyndesfarne - requesting various fee waivers and resolution declaring the event of Municipal significance for their liquor licence. RECOMMENDATION: Approval of resolution and for the Consideration of Council on the Waiver of Fees. ORDERED on the motion of Councillor Morocco, seconded by Councillor loannoni that the resolution and request be approved. Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates that Felix Pingue be permitted to speak. Motion Carried with Councillor Thomson, loannoni and Maves opposed Felix Pingue, spoke briefly regarding the old recreation building on Lundy's Lane and his continued interest in the property and that it be preserved. He looked forward to speaking on the matter further when this was brought back to Council in August. - 7- July 9, 2013 Council Minutes RATIFICATION OF "IN CAMERA" MATTERS ORDERED on the motion of Councillor Thomson, seconded by Councillor Mayes that the recommendations from the July 9`h, 2013 meeting be approved: 1. L-2013-27 Declare Surplus and Offer for Sale Former Boys and Girls Club 6681 Culp Street 1. That all offers that have been received for this property be rejected. 2. That staff be directed that no offer is to be presented to Council for consideration that is for less than the appraised price of $370,000.00 2. L-2013-28 Update concerning the progress of the Appeal of Regional Official Plan Amendment No. 2 That the Solicitor be directed to attend the pre-hearing on July 31st Carried Unanimously * * * * * CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN,A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. TS-2013-32-Portage Road Realignment Fallsview Boulevard to Marineland Parkway. The report recommends the following: 1 . Delcan Corporation be hired to complete the Class C Environmental Assessment in response to Request for Proposal RFP06-2013 2. That the Mayor and Clerk be authorized to execute the necessary agreements ORDERED on the motion of Councillor Kerrio, seconded by Councillor Thomson that the report be deferred; and staff meet with stakeholders and the BIA for feedback. Carried Unanimously CD-2013-04 - Dumping. The report recommends the following: 1 . That Council endorse, and that the municipality participates, in the illegal dumping initiative. 2. That the Council consider a pilot summer anti-dumping crew in the 2014 budget. 3. That the Region's awareness campaign includes more information on waste disposal opportunities. F-2013-42 - Municipal Accounts. The report recommends that Council approve the municipal accounts totalling $2,589,232.82 for the period June 6, 2013 to June 19, 2013. F-2013-43 - 2012 Development Charges. The report recommends that Council receive and file the attached financial summaries regarding Development Charges for the 2012 fiscal year. - 8- July 9, 2013 Council Minutes MW-2013-30 - Arad Street Watermain Replacement Pope Avenue to Brant Avenue, Tender Award Contract 2013-286-12. The report recommends the following: 1 . The contract be awarded to the lowest bidder Provincial Construction at the lowest price of $344,599.62. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. MW-2013-37 - RFT-07-2013 - Streetlight Servicing City-wide. The report recommends the following: 1. The unit prices established by the low tender, Ground Aerial Maintenance Service Ltd; be accepted; and 2. That the Mayor and City Clerk be authorized to execute the agreement. MW-2013-38 - Asphalt Overlay Phase 1 Tender Award. The report recommends the following: 1. The contract be awarded to the lowest bidder Rankin Construction at the lowest price of $378,314.00. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. PBD-2013-48 - CB&FIG 2013-009, Grand Central - 4573-4583 Queen Street, Commercial Building Facade Improvement Grant. The report recommends the following: 1. That Council approve the Commercial Building & Facade Improvement Grant Application for 4573-4583 Queen Street in the amount of $14,000, subject to the owner satisfying the program requirements including obtaining any required permits. 2. That the Mayor and Clerk be authorized to sign and execute the grant agreements. PBD-2013-50-Matters Arising from Municipal Heritage Committee, 2013 Designated Property Grant - 6151 Culp Street. The report recommends that Council approve the restoration project and grant for the Rev. James Ingles House at 6151 Culp Street to assist with the cost of the restoration of the barge board on the southwest corner of the house. R&C-2013-12 -Public Arts Advisory Task Force. The report recommends the following: That Council appoint the following individuals to the Public Art Advisory Task Force: • Emilio Raimondo, Architect • Monica Hepburn, Educator • Holley Corfield, Artist • Hope McGilly, Visual Arts Community Also included in this Task Force will be one representative from the Arts & Culture Committee, Municipal Heritage Committee, Niagara Falls Museums, Niagara Falls Public Library, Niagara Falls Art Gallery, and appropriate City Staff as outlined in the Public Art Policy. R&C-2013-13 - Gale Centre Seat Sale Initiative. The report recommends the following: 1. That the revised Gale Centre seat sale campaign be approved. 2. That $50.00 from each seat sale be allocated to the Niagara Falls not-for-profit organization responsible for the seat sale donation. ORDERED on the motion of Councillor Mayes, seconded by Councillor Pietrangelo that the remainder of the reports on the Consent Agenda be approved as recommended. Carried Unanimously - 9- July 9, 2013 Council Minutes RESOLUTIONS NO. 30- PIETRANGELO - GATES - THEREFORE BE IT RESOLVED Niagara Falls City Council supports the GranFondo Niagara event and acknowledges the closures and potential impact on our road network. Carried Unanimously Dean Hachey, Director of Business Development for GranFondo outlined the event to Council. BY-LAWS ORDERED on the motion of Councillor Gates, seconded by Councillor Maves that the by-laws be given a first reading. Carried Unanimously 2013-108 A by-law to amend By-law No. 2012-80 to remove the holding symbol (H) on the Lands on the east side of Stanley Avenue, south of Livingstone Street, to permit the development of a 57 storey hotel on the Lands (AM-2010-022). 2013-109 A by-law to amend By-law No. 2012-81 to remove the holding symbol (H) on the Lands on the east side of Stanley Avenue, south of Livingstone Street, to permit the development of a 42 storey hotel and apartment dwelling on the Lands (AM-2010-022). 2013-110 A by-law to amend By-law No. 2012-82 to remove the holding symbol (H) on the Lands on the east side of Stanley Avenue, south of Livingstone Street, to permit the development of a 32 storey hotel and apartment dwelling on the Lands (AM-2010-022). 2013-111 A by-law to amend By-law No. 79-200, to permit a retail store, recognize previously permitted uses, and to require the removal of a holding (H) symbol prior to the construction of a new building and additional floor area to an existing building on the Lands (AM-2013-007). 2013-112 A by-law to authorize the execution of an Agreement with The Chippawa Lions Club respecting the Adopt-A-Program public service program for volunteers. 2013-113 A by-law to authorize the execution of an Agreement with Target Canada respecting the Adopt-A-Program public service program for volunteers. 2013-114 A by-law to fees and charges for various services, licences and publications for the City of Niagara Falls. 2013-115 A by-law to adopt the Niagara Gateway Economic Zone Community Improvement Plan for Niagara Falls. 2013-116 A by-law to authorize the payment of $2,589,232.82 for General Purposes. 2013-117 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 9' day of July, 2013. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the by-laws be given a second and third reading. Carried Unanimously - 10- July 9, 2013 Council Minutes NEW BUSINESS Letter of Condolence ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that a letter of condolence be sent to Mayor Collette Roy-Laroche and the residents of Lac- Megantic, Quebec, in light of the recent rail tragedy. Carried Unanimously Sign By-law ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that St. Andrew's United Church and A.N. Myer be allowed to apply for sign permits, despite the current Sign By-law not allowing signs for institutional uses. Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that the meeting be adjourned at 10:15 p.m. Carried Unanimously * * * * * DEAN IORFI A, CITY CLERK JAMES M. DIODATI, MAYOR