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2013/11/26 TWENTIETH MEETING REGULAR COUNCIL MEETING November 26, 2013 Council met on Tuesday, November 26, 2013 at 4:00 p.m. for an In Camera session. All members of Council were present. NO. 44 - MAVES - KERRIO - THEREFORE BE IT RESOLVED THAT on November 26, 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 matter that falls under the subject matter of 239(2)(f) advice that is subject to solicitor-client privilege, related to negotiations with the NRPS, and a matter under 239(2)(c)a proposed disposition of land related to Part 4 on Reference Plan 59R-13223, Union Avenue. 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 5:35 p.m. Councillor Thomson offered the Opening Prayer. All members of Council were present. ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Morocco, seconded by Councillor loannoni that the minutes of November 12, 2013 be approved as recorded. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor loannoni indicated pecuniary interest and indirect pecuniary interests to cheque numbers 367895, 368492, 368177 and 368352, one being a reimbursement cheque and the other made out to members of her family. Councillor Wing indicated a conflict with report MW-2013-60, as she has an appeal before the Ontario Municipal Board and the report is related to Battlefield lands. Councillor Morocco indicated an indirect pecuniary interest with cheque number 368196, made payable to her spouse. Mayor Diodati indicated a pecuniary interest to cheque number 368124, made payable to himself. * * * * * - 2 - November 26, 2013 Council Minutes REPORTS Fence Variance Appeal PBD-2013-75 - Fence Minor Variance, 4095 Drummond Road, Applicant: Roger Barthe. The report recommends that the decision of the Chief Building Official to grant a variance to the Fence By-law, dated September 9, 2013 be upheld. Jeff Menard, Chief Building Official, introduced the report and provided Council with a brief summary of the property. Todd Reid, 4079 Drummond Road, advised that he is opposed to the minor variance request proposed by the applicant.. Mr. Reid indicated that although Drummond Road is one way, the view is obstructed, especially for pedestrians traveling north. Mr. Reid felt the fence should be brought into compliance. ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that the fence at 4095 Drummond Road be brought into compliance with the city's Fence By-law. Motion Carried with Councillor Pietrangelo and Wing opposed MW-2013-60 - Lundy's Lane Battlefield Gateway Design Preliminary Battlefield Park Master Plan The report recommends the following: 1 . That the presentation from IBI Group on the Lundy's Lane Battlefield Gateway design be received, and further 2. That staff and the consultant be directed to work with the Lundy's Lane BIA to establish and acceptable "Welcome to Lundy's Lane" feature in addition to or in conjunction with the Gateway Project, and further 3. That staff advance the Public Tender for construction and confirm the external funding partnerships for consideration in the 2014 Capital Budget. Don Jackson, representing the Museums on the Steering Committee outlined the history of the project. David Jovanovic, Project Manager of the Lundy's Lane BIA, described the BIA's commitment, how this area is the crossroads of Niagara Falls and how the projects related to culture and history of the Battlefield lands will be good for tourism. Don Loucks, IBI Consulting, outlined his company's approach to the design of the proposed gateway. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates that the recommendation report be approved. Carried Unanimously TS-2013-49 -Downtown BIA, Request for 2-hour on-street free Parking in December. The report recommends the following: 1) That two-hour free parking in the Downtown Core during the Month of December at on-street parking meters and on-street pay and display machines only, be approved. 2) That the Downtown C.I.P. fund be used to off set the lost revenue from paid parking during the month of December 2013 - 3 - November 26, 2013 Council Minutes Nem Kuntos, General Manager, Downtown BIA, questioned why the BIA was now required to compensate for the loss of revenue. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that Council approve two-hour free parking in the Downtown during the month of December and that the funds not be taken from the Downtown CIP. Motion Carried with Councillor Wing opposed F-2013-68 - OLG Update The report recommends the following that Council authorize staff to develop a Capital Reserve Fund for the enhanced revenues generated by the OLG Municipality Contribution Agreement. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that the report be approved Carried Unanimously NO. 45 - KERRIO - PIETRANGELO THEREFORE BE IT RESOLVED that Niagara Falls City Council commit up to $22 million toward the City of Niagara Falls' pro-rated share of the local contribution amount, that the local contribution amount be funded from the Ontario Lottery & Gaming Corporation (OLG) Municipality Contribution Agreement and that City staff be directed to report back on an appropriate funding schedule. Carried Unanimously PRESENTATIONS/DEPUTATIONS 2013 World Sport Jiu-Jitsu Championships Mayor Diodati recognized the 2013 World Sport Jiu-Jitsu Championships medalists Michael Pisano, Ken Bridgman and John Balasz and presented them with plaques. South Niagara Hospital The Mayor recognized Larry Vaughan, Tim Parker and Shane Benvenutti for their efforts to assist the community with getting the word out about the preferred site for the new Niagara South Hospital location. * * * * * - 4 - November 26, 2013 Council Minutes 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. CD-2013-08 -2014 Council Schedule. The report recommends that Council approve the proposed 2014 Council Schedule. ORDERED on the motion of Councillor Gates, seconded by Councillor Mayes that the report be approved. Carried Unanimously F-2013-50, Investment Policy. The report recommends that staff request Expressions of Interest from qualified financial institutions for short term investment services and report back to Council. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Thomson that the report be approved as recommended. Carried Unanimously PBD- 2013-72 - Official Plan Amendment No. 113 Morrison/ Dorchester Node. The report recommends that Council adopt Official Plan Amendment No. 113 to lift the deferral of the Morrison/Dorchester Node policies and schedule. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Thomson that the report be approved. Motion Carried with Councillor Gates opposed CD-2013-09-Adult Entertainment Hearing, November 12. The report recommends that based on the recommendation of the Adult EntertainmentAppeals Committee,the decision of the Issuer of Licences, in the revocation of a licence, be upheld. F-2013-60 -Cancellation, Reduction or Refund of Taxes, Under Section 357 and 358 of The Municipal Act, 2001. 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. F-2013-61 -Major Tax Receivables Report.The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F-2013-62 -Treasurer's Write Off Report. The report recommends that the property tax accounts listed in Table 1 be written off and expensed in 2013. F-2013-64 - Municipal Accounts. The report recommends that Council approve the municipal accounts totalling $31,356,129.71 for the period October 3, 2013 to November 6, 2013. MW-2013-40- Niagara United Soccer Club Scoreboard Agreement. The report recommends the following: 1. That the City of Niagara Falls enter into an agreement with the Niagara United Soccer Club (NUSC) for the use of a Scoreboard; and 2. That the Mayor and City Clerk be authorized to sign the agreement. - 5 - November 26, 2013 Council Minutes MW-2013-59 - Emergency Repairs Buttrey Street Sewer Outfall. The report recommends the following: 1. That Council retain Hatch Mott MacDonald as the consultant for this project to complete the engineering investigation and design of the emergency repairs to the Buttrey Storm Outfall, and further 2. That Council approve adding this project to the 2013 Capital Program and amend the previously approved Capital Budget. PBD-2013-69 -Matters Arising from Municipal Heritage Committee. The report recommends that Council direct staff to issue a Notice of Intention to Designate for the property at 5257 River Road, Niagara Falls under Part IV of the Ontario Heritage Act, R.S.O. 1990. PBD-2013-71 -Official Plan Amendment No. 112 Value Added Agricultural Uses.The report recommends that Council approve Official Plan Amendment No. 112 to add Value Agricultural Uses policies. PBD-2013-73 - PLC-2013-010, Request for Removal of Part Lot Control Blocks 82,85 and 195, Registered Plan 59M-388 Warren Woods Phase 1 Subdivision. Applicant: Armstrong Hunter and Associates. The report recommends the following: 1. That Council approve the request and pass the by-law included in tonight's agenda to designate Blocks 82,85 and 195 on Registered Plan 59M-38, 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 parcels have been registered. ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that the reports on the Consent Agenda be approved as recommended, with F-2013-62 amended to reflect the correct amount for 5244 Ontario Avenue. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati extended condolences to Sue Thomas-Clapp and Laura Potolivo, city employees on the passing of their mother and step-mother, Jean Thomson and to the family of Joe Pietrangelo, uncle of Councillor Victor Pietrangelo. Mayor Diodati advised of the following: Quesada Burritos and Tacos opening, the Santa Claus Parade, Let them Shine Fashion Show, Joy Vintage Emporium opening, Niagara Regional Police Headquarters groundbreaking, M&G Sandwich Shop opening, Niagara Falls Fire Department Rookies Rooftop Campout fundraiser, Walk and Talk with the Mayor, and the Emergency Operations exercise. Mayor Diodati advised of upcoming events: Angels Everywhere, Kristina's Kolours Facial Spa grand opening, Inspire Heath Niagara grand opening, Niagara Concerts, Heartland Forest Family Christmas Tree Decorating, Home Instead Senior Care opening and the Annual Christmas By the Falls. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Fernwood Residents - requesting that the parkette and trail within their subdivision be funded and developed. RECOMMENDATION: Refer to 2014 Budget for consideration. - 6 - November 26, 2013 Council Minutes ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that the request be referred to the 2014 budget for consideration. Carried Unanimously 2. United Way/ FCM - requesting approval of a resolution calling on the Federal government to enact a national, long-term plan for housing. RECOMMENDATION: For the approval of Council ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that the request be approved. Carried Unanimously RATIFICATION OF "IN CAMERA" MATTERS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates that the recommendations from the May 28th, 2013 meeting be approved: 1. L-2013-40 Offers to Purchase 1. That the City convey Part 1 on Attachment"A"to 1736135 Ontario Limited (Radice, Sandstone Grillhouse and Lounge) for $24,000.00. 2. That the City convey Part 2 on Attachment "A" to St. Paul's Evangelical Lutheran Church for $24,000.00. 3. That the City convey an easement in perpetuity over the southerly 5 feet (1.5m) of Part 1 to St. Paul's Evangelical Lutheran Church, for ingress and egress. 4. That the City convey an easement in perpetuity over the northerly 5 feet (1.5m) of Part 2 to 1736135 Ontario Limited, for ingress and egress. 5. That the two easements be conveyed prior to the conveyances of Parts 1 and 2. 6. That the City prepare the documents required to undertake the conveyances. Carried Unanimously BY-LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the by-laws be given a first reading. Motion Carried with Councillor Gates opposed to 2013-167 2013-166 A by-law to provide for the adoption of Amendment No. 112 to the City of Niagara Falls Official Plan. (OPA #112) 2013-167 A by-law to provide for the adoption of Amendment No. 113 to the City of Niagara Falls Official Plan. (OPA #113) 2013-168 A by-law to designate Blocks 82, 85 and 195, Registered Plan 59M-388, not be subject to part-lot control (PLC-2013-010). 2013-169 A by-law to amend By-law No. 79-200, to permit a 125 unit, 12-storey apartment dwelling on the Lands (AM-2013-009). 2013-170 A by-law to authorize the payment of$31,356,129.71 for General Purposes. - 7 - November 26, 2013 Council Minutes 2013-171 A by-law to authorize the execution of a Licence Agreement with Niagara United Soccer Club Inc. respecting permission to place a scoreboard on the City owned lands and premises known as the Kalar Road Community Sports Park located at 6775 Kalar Road, Niagara Falls. 2013-172 A by-law to authorize the execution of a Sublicence Agreement with Ontario Power Generation Inc. and Chippawa Public Docks Committee dated December 12, 2011, respecting the sublicence of the Ontario Power Generation Inc. lands for the New Chippawa Boat Ramp. 2013-173 A by-law to adopt a Consulting Agreement Purchase Order form. 2013-174 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. ( Parking Prohibited). 2013-175 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 26`" day of November, 2013. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the by-laws be given a second and third reading. Motion Carried with Councillor Gates opposed to 2013-167 NEW BUSINESS Project Lifesaver ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that the staff report back on the possible implementation of the program, which tracks loved ones who have wandered off, be referred to staff. Carried Unanimously Internet Domain Names ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that staff prepare a resolution on protection of internet domain names from poaching, as it relates to politicians. Carried Unanimously Small Retail, Wholesale Food Sales Councillor Thomson raised the issue of small, local food retailers being prohibited from small scale wholesale distribution by the Ministry of Agriculture. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that staff prepare an appropriate resolution. Carried Unanimously Rail Safety Councillor Gates raised the issue of the Federal Government legislation, supported by FCM, to improve rail safety and how the legislation requires reporting of harmful chemicals entering the community, well after the fact. ORDERED on the motion of Councillor Gates, seconded by Councillor loannoni that Council go on record opposed to the Federal legislation. Carried Unanimously - 8 - November 26, 2013 Council Minutes ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes that the meeting be adjourned at 8:35 p.m. Carried Unanimously DEAN IORF A, jTY CLERK JAMES M. DIODATI, MAYOR