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2013/09/24 SIXTEENTH MEETING REGULAR COUNCIL MEETING September 24, 2013 Council met on Tuesday, September 24, 2013 at 4:00 p.m. for an In Camera session. All members of Council were present. NO. 36 KERR!O-IOANNONI- THEREFORE BE IT RESOLVED THAT on September 24, 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 matters that fall under the subject matter of 239(2)(f), advice subject to solicitor-client privilege and 239(c)a proposed or pending acquisition of land regarding part of 6549 Corwin Crescent, 4171 Fourth Avenue and the N.S.T. Rail line, a matter that falls under 239(2)(f), advice subject to solicitor-client privilege related to the storm event of July 19, 2013 and a matter that falls under the subject matter of 239(2)(d) labour relations. Following consideration of the items presented, the In Camera Session did rise and report in open session. Council met for the purpose of considering Regular Business matters in Council Chambers at 5:00 p.m. Councillor Kerrio offered the Opening Prayer. All members of Council were present. * * * * * ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Morocco, seconded by Councillor Mayes that the minutes of September 10, 2013 be approved as recorded. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Morocco indicated an indirect pecuniary interest to cheque numbers 365588, 366363, made payable to her spouse and a pecuniary interest to cheque numbers 366364 and 366732 made payable to herself, related to the A.M.O. conference. Mayor Diodati indicated a pecuniary interest to cheque numbers 365460, 365864, 366316 and 366686 made payable to himself. * * * * * REPORTS Request to move report MW-2013-46 forward. - 2- September 24, 2013 Council Minutes 1 . MW-2013-46 - Lion's Legacy Trail/Millennium Trail Phase 3 Project Update The report recommends the following: 1) That Lion's Legacy Trail Project be approved and funded by pre-approving an amount of $587,000 in the 2014 Capital Budget. 2) That staff confirm their efforts to offset this expenditure from external sources. Wayne Scott, Lions Club, Acting Secretary, spoke to all the community good the club had done over the years. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that Council approve the recommendation and Jim Fyfe be appropriately recognized in conjunction with the proposed trail Carried Unanimously 2. July 19' Storm Update - The Director of Municipal Works provided Council with an update on the major storm event. Councillor loannoni exited Chambers. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates that Mr. Tim Lambert be permitted to speak. Carried Unanimously Tim Lambert, Brookdale Drive, believes any future development should be held off until the issues with flooding are addressed and resolved. He spoke to past flooding issue he had, though not with this recent storm, and questioned capacity at the pumping stations. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates that the presentation be received for information. Carried Unanimously 3. R&C-2013-18 - Revised Niagara Falls Museums Policies The Report recommends that Council approve the following Niagara Falls Museums Policies: Collections Management, Community, Exhibition, Interpretation and Educational Programmes, Physical Plant and Research. Clark Bernat, Museum Manager, made a brief presentation. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Morocco that the report be approved as recommended. Carried Unanimously 4. CD-2013-06 - Chippawa District Association The report recommends the following: 1 . That the Chippawa District Association (CDA) be directed to apply for membership through Niagara Falls Tourism, the official tourism marketing arm for the municipality; and 2. That staff continues to monitor transit ridership in Chippawa and enhance connectivity to the residents. Councillor loannoni returned to Chambers 6:40 p.m. Dylan Muileboom, CDA member, spoke of the initial efforts of the new organization, the importance of the need for the area to be recognized by tourists, easing of parking restrictions and WEGO service. - 3- September 24, 2013 Council Minutes ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that the matter be reterred to staff to work with the group (CDA) to accomplish their objectives. Carried Unanimously CONSENT AGENDA THE CONSENT AGENDA IS A SET OF RE PORTS 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-2013-52-Major Tax Receivables Report.The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F-2013-53 - Municipal Accounts. The report recommends that Council approve the municipal accounts totalling $42,752,369.71 for the period July 5, 2013 to September 5, 2013. MW-2013-43 Fallsview Boulevard - Murray Street to Ferry Street Watermain Replacement. The report recommends the following: 1. That the scope of the Fallsview Boulevard (Murray Street to Ferry Street) be expanded to include a Municipal Class Environmental Assessment to evaluate transportation improvements, sanitary sewer replacement and full road reconstruction PBD-2013-60 - PLC-2013-007, Request for Removal of Part Lot Control Lots 103-121 (Inclusive) and 154-164 (Inclusive), Registered Plan 59M-388. Warren Woods Phase 1 Subdivision. Applicant: Warren Woods Land Corporation (Charles Lovrics). The report recommends the following: 1 . That Council approve the request and pass the by-law included in tonight's agenda to designate Lots 103-121 (inclusive) and 154-164 (inclusive) on Registered Plan 59M 388, as exempt from Part Lot Control for a period of three years; and 2. That the developer be required to notify the City when the new deeds for the lots have been registered. PBD-2013-61 -26CD-11-2008-03, Request for Extension of Draft Plan Approval Draft Plan of Condominium (Conversion). 4218 Portage Road (East Side), North of Gallinger Street. Owners: Shaukat& Amina Parekh (Agent-Al Heywood). The report recommends that Council grant a two month extension to draft plan approval for the Plan of Condominium for the 3-storey, 18 unit apartment building known as 4218 Portage Road. TS-2013-37 - Handheld Ticket Units and Supporting Software Request for Proposal RFP50-2013. The report recommends the following: 1) Gtechna be awarded the contract to supply system software to support handheld ticketing units. 2) That the Mayor and Clerk be authorized to execute the necessary agreements. - 4- September 24, 2013 Council Minutes TS-2013-39 - Kalar Road - Parking & Traffic By-laws. The report recommends the following: 1 . That various parking, stopping and standing prohibitions be installed on Kalar Road between Forestview E3oulevard/Rideau Street and Harvest Crescent/Feren Drive; and, 2. That the bicycle lanes be designated by municipal by-law. ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the reports on the Consent Agenda be approved as recommended. Carried Unanimously MW-2013-45 - City-Wide Beautification Contract, Contractor Changes. The report recommends the following: 1 . That staff be authorized to engage the services of Kelly Digs Landscaping Services Ltd. to complete the annual City-Wide Beautification Contract for the balance of this year, and; 2. That staff be directed to implement a pre-qualification process for the future City- Wide Beautification program. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that recommendation #1 be approved and management staff be directed to meet with CUPE regarding the issue of contracting out of the services. Carried Unanimously PRESENTATIONS/DEPUTATIONS 7:00 P.M. Niagara Community Foundation Liz Palmieri, Executive Director, Niagara Community Foundation, made a presentation to Council on the Foundation's activities and to request that Nov. 1st be proclaimed as "Random Act of Kindness Day", Nov. 15th be proclaimed as "National Philanthropy Day" and the month of November be proclaimed as "Philanthropy Month" in the City of Niagara Falls. ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson that the presentation be accepted. Carried Unanimously * * * * * PLANNING MATTERS Public Meeting PBD-2013-59 -AM-2013-013, Zoning By-law Amendment Application. 7712 Badger Road and Part of 7720 Badger Road. Applicants: Norman and Johanne Duguay Agent: Lucy Borghesi. 14 Unit Townhouse/Semi Detached Dwelling Development Background A Zoning By-law amendment application is requested for a 6475 sq. m (1.6 ac) parcel of land to permit the development of up to 14 townhouse units. NEIGHBOURHOOD OPEN HOUSE Held on August 19, 2013 with 15 neighbours in attendance. Concerns raised about units being rented, the devaluation of their properties, the potential for traffic impacts on Badger Road and off-site drainage impacts. - 5- September 24, 2013 Council Minutes Agent indicated that although the applicant's intend to sell the land, the proposal was intended to be a condominium development marketed to mature people. It was also mentioned that to ensure value was built into the units, the units could be required to be built with attached garages. In addition, the drainage and grading of the subject land would be addressed at site plan or plan of condominium stage. Planning Analysis Provincial Policy Statement and Growth Plan Provincial policies required 40% of all residential development to occur through intensification within a municipal built-up area by the year 2015. Development of underutilized parcels is one form of intensification. Infill development similar to that constructed on O'Neil Street. OFFICIAL PLAN Designated Residential in the Official Plan The land can be considered for medium density housing up to 50 units /ha because it is located on a collector road. Proposed development conforms as follows: • Density of 22 units/ha which is within the maximum permitted for sites on collector roads and only slightly above the density expected for single detached housing • Low rise project would be compatible with the existing form of housing in the neighbourhood. Privacy fencing will be required between the development and the existing residential units. The proposed townhouses would have 7.5m (25ft.) Privacy yards in keeping with the City's standards consistent with the rear yard of abutting properties. ► No traffic impacts are expected ZONING Currently zoned Residential Single Family 1D Density (R1 D) Applicant is requesting lands be zoned Residential Low Density, Grouped Multiple Dwellings(R4), which typically permits both apartment buildings and townhouse dwellings. The by-law should be written to only allow townhouse and semi-detached dwellings. The applicant has also requested the following modifications to the standard regulations to facilitate the project: • Minimum Lot Frontage 30m • Minimum sideyard width 1/2 building height to 5m - proposed 3m. • Maximum lot coverage 35% - proposed 36% ► Semi-detached dwelling: Not permitted - proposed to permit semi-detached dwelling. To address resident concerns and to reflect standards existing in surrounding neighbourhood the following additional site specific regulations: • Minimum Lot Area: 250 sq. m /unit — proposed: 450 sq. m/unit ► Attached garage for each unit: none required — proposed: 1 garage/unit ► Dwelling types permitted: Townhouse and Apartment— proposed: Townhouse and semi-detached only An "H" symbol is required for a noise study and record of site condition to be completed. - 6- September 24, 2013 Council Minutes DEEMING BY-LAW The subject properties include a full lot in a plan of subdivision that was intended to be developed separately. Applicant wishes to sever off the rear of one lot and develop the severed parcel with the other parcels as one parcel. Deeming the land to no longer be within the registered plan of subdivision will enable it to merge to form one parcel for zoning and Building Code purposes. Should the application be approved, a deeming by-law should be required as a condition of the consent application. SITE PLAN/PLAN OF CONDOMINIUM Site plan and condominium applications will be required prior to future development and sales. CONCLUSION The amendment can be supported because: ► The proposal conforms to the Official Plan in terms of location of medium density housing; and ► The building height and setbacks of the project are compatible with the surrounding housing in the neighbourhood. RECOMMENDATION That Council approve the Zoning By-law amendment application to rezone the land Residential Low Density, Grouped Multiple Dwellings Zone (R4) with site specific regulations to permit the development of a 14 unit townhouse project. That the by-law include the regulations recommended in the staff report including a holding (H) symbol to ensure the completion of a Record of Site Condition and either the completion of a noise study or in the inclusion of the noted noise mitigation measures. Kelly Brunacioni, 6502 Kendale Court, submitted a petition to Council and expressed her opinion that the development that will be too intense for the quiet neighbourhood, will bring increased traffic and decreased property values. Sue Halliday, 7696 Badger Road, lives next door to the proposed development property. She is not opposed to the proposal but would like to see a roadway along the side of Duguay's property and an adjustment on the number of units to better suit the size of property. Maria Silvestrone, 7641 Charnwood Avenue, was not opposed to the development but was concerned that the intensification will exacerbate drainage issues with the hydro corridor which separates the two areas. Catch basins are currently blocked. Sara Premi, Sullivan Mahoney, outlined that the application was supported by Planning staff, met smart growth principles, and was similar to other, positive in-fill developments in the City. She indicated that there was no basis on Planning grounds to deny the application. There is no proof that property will be devalued, the site could support more than the proposed fourteen units, Traffic staff had no concerns, a noise study will be undertaken and a drainage plan has to be undertaken during condominium stage. The Public Meeting was Closed ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that the application be denied. Carried Unanimously - 7- September 24, 2013 Council Minutes ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco to refer to Ontario Hydro the issue brought forward by Mrs. Silvestrone concerning debris along the hydro corridor. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati extended condolences to Ken Mech, a city employee, on the passing of his mother, Martha Mech, and to Karen Kitney, a city employee on the passing of her uncle Lawrence Joseph Kitney. Mayor Diodati congratulated city employees Wayne Allan and Ron Waters, on their long service medals for 25 years in Municipal Law Enforcement. Mayor Diodati advised of recent events: Fatima Path to Peace Conference, Granfondo, Rotary Lobsterfest, Parade of the Unknown Soldier, Terry Fox Run, inaugural Mayor's Health Lunch event, Sullivan Mahoney 60th Anniversary, visits by His Excellency Andris Berzins, President of the Republic of the Latvia and the Princess of Thailand, the 50th Anniversary Celebration of the Queenston-Lewiston Bridge, Boggio & MacKinnon Pharmacy Grand re opening. Mayor Diodati advised of upcoming events: Summer Trillium Recognition of Excellence Awards and the Mayor's Prayer Breakfast. * * * * * COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Autism Ontario Niagara Region - requesting that month of October be proclaimed as "Canadian Autism Awareness Month", in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 2. Fire Prevention Week - requesting that October 6 to October 12, 2013 be proclaimed as"Fire Prevention Week"and October 12, 2013 be designated as"Fire Service Recognition Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 3. Ontario Multifaith Council -- requesting that the week of October 14- 20, 2013 be proclaimed as"Spiritual and Religious Care Awareness Week"in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 4. CUPE Ontario - requesting that October 30, 2013 be proclaimed as "Child Care Worker & Early Childhood Educator Appreciation Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 5. Middlesex Centre - requesting support of a resolution opposing the requirement for reclassification of municipal building officials under Ont. Reg. 332/12 of the Ontario Building Code. RECOMMENDATION: For the Approval of Council 6. The Mayor's Accessibility Advisory Committee-requesting that Council approve the new name for the committee and new logo. RECOMMENDATION: For the approval of Council. 7. Niagara Falls Community Policing Committee - requesting that the City of Niagara Falls consider partnering on the new community policing model. - 8- September 24, 2013 Council Minutes RECOMMENDATION: Refer to staff 8. Niagara Falls International Marathon - requesting in-kind bus service for the annual event. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson that all requests in the communications be approved. Carried Unanimously ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson that the to rename a portion of Kalar Road as Heartland Forest Road be referred to staff. Carried Unanimously RATIFICATION OF" IN CAMERA" RECOMMENDATIONS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the recommendations from the meeting from September 24th, 2013 be approved: 1 . L-2013-33 Picard Transfer of Easement to the City 1 . That the City enter into an Agreement with Tyler Picard and Kelly Picard, with respect to the use of a potion of land located at 6549 Corwin Crescent being Part 1 on Reference Plan 59R-14942 ("Easement Lands"), to secure a sanitary sewer located underneath a portion of said lands; and 2. That the Mayor and Clerk be authorized to execute said Agreement 2. Former N.S.T. Rail line/Thorold Stone Road Extension 1 . That staff be authorized to undertake the acquisition and construction of a driveway from Stanley Ave to Fourth Avenue, servicing Gale Centre. 2. That the Mayor and Clerk be authorized to execute whatever documents are associated with recommendation #1 3. That staff be authorized to take whatever steps are required to implement Recommendation #1 including, but not limited to, the acquisition of land for a price of $125,000, a Phase II Environmental Investigation and an Environmental Assessment of the project. Carried Unanimously BY-LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the by-laws be given a first reading. Carried Unanimously 2013-143 A by-law to authorize the payment of$42,752,369.71 for General Purposes. 2013-144 A by-law to authorize the execution of an Agreement with Tyler Picard and Kelly Picard, respecting the purchase of an easement, being Part 1 on Reference Plan 59R-14942; in the City of Niagara Falls, Regional Municipality of Niagara. 2013-145 A by-law to adopt a mark, symbol or design for the Mayor's Accessibility Advisory Committee for the Corporation of the City of Niagara Falls. - 9- September 24, 2013 Council Minutes 2013-146 A by-law to designate Lots 103-121 (inclusive) and 154-164 (inclusive), Registered Plan 59M-388, not be subject to part-lot control (PLC-2013-007). 2013-147 A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. 2013-148 A by-law to appoint Councillor Vince Kerrio as Acting Mayor. 2013-149 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 24th day of September, 2013. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the by-laws be given a second and third reading. Carried Unanimously NEW BUSINESS John MacBain ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the possibility of a future, appropriate recognition for Niagara Falls native and philanthropist, John MacBain be referred to staff. Carried Unanimously Kim Craitor M.P.P. ORDERED on the motion of Councillor Gates, seconded by Councillor Wing that a letter of thanks and congratulations be sent to Kim Craitor for his contribution and years of service to the City as M.P.P. for Niagara Falls Carried Unanimously * * * * * ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes that the meeting be adjourned at 8:25 p.m. ..:1),Aftz e/ fi"------- Carried Unanimously * * * * * //LPL DEAN IORFI A, CITY CLERK JAMES M. DIODATI, MA OR