Loading...
09/09/2014 THIRTEENTH MEETING REGULAR COUNCIL MEETING September 9, 2014 Council met on Tuesday, September 9, 2014 at 4:30 p.m. for an In Camera session. All members of Council except Councillor Wing were present. NO. 15 - KERRIO- DIODATI - THEREFORE BE IT RESOLVED THATon September 9, 2014 at 4:30 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 s. 239(2) ©, a proposed acquisition of land at 8530 Lundy's Lane, and s. 239(2)(f), solicitor-client advice, related to a matter associated with the recent Ontario Municipal Board matter related to the Battlefield lands. Following consideration of the items presented, the In Camera Session did rise and report in open session. Council met on Tuesday, September 9, 2014 at 5:15 p.m. for the purpose of considering Regular Business matters. Councillor Maves offered the Opening Prayer. All members of Council except Councillor Wing were present. * * * * * ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher that the minutes of August 12, 2014, be approved. Carried Unanimously * * * * * DISCLOSURES OF PECUNIARY INTEREST Councillor Maves indicated a conflict with the communication requesting relief to the noise by-law for a wedding, as it is a neighbouring property. • * * * * BUDGET 5:00 P.M. Councillor Pietrangelo Chaired the budget meeting Parking Budget Todd Harrison, Director of Finance, made a presentation to Council outlining the 2014 Parking budget update. F-2014-44 - 2014 Parking Services Budget The report recommends that Council approve the 2014 Parking Services Budget. ORDERED on the motion of Councillor Fisher, seconded by Councillor Morocco that the report be approved as recommended. Carried Unanimously * * * * * - 2 - September 9, 2014 Council Minutes REPORTS 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. BDD-2014-03 - Celebrate Ontario Grant re: New Year's Eve Show. The report recommends that Council authorize the Mayor and Clerk to sign the Celebrate Ontario Agreement. BDD-2014-04-Tourism Partnership of Niagara(TPN)Regional Tourism Organization (RTO) Grant ET Canada New Year's Eve Niagara Falls Show. The report recommends Council authorize the Mayor and Clerk to sign the TPN-RTO Agreement. F-2014-37 - Major Receivables - July. The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F-2014-39 - Federal Gas Tax Revenue. The report recommends that City Council authorize the Mayor and City Clerk to execute the agreement with the Association of Municipalities of Ontario (AMO). MW-2014-30 - 2014 Sidewalk and Concrete Repair Program. The report recommends the following: 1. That the City of Niagara Falls award the contract for the Sidewalk and Concrete Repair program to Steed & Evans Limited at a tender price of$277,215.00, subject to a spending limit of the approved budget amount of $250,000.00; and, 2. That the Mayor and City Clerk be authorized to execute the necessary agreement. MW-2014- 39 - Strang Drive Road Reconstruction and Lamont Avenue Sanitary Sewer Replacement. The report recommends the following: 1. That the contract be awarded to the lowest bidder Demar Construction at the tendered price of $583,748.02. 2. That the Mayor and Clerk be authorized to execute the necessary contract documents. MW-2014-40 - Portage Road Watermain Replacement From 110m South of Valley Way to Valley Way Tender Award. The report recommends the following: 1. That the contract be awarded to the lowest bidder, Demar Construction Limited, at the tendered price of $201,047.43. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. MW-2014-41 -Request for Proposal RFP36-2014, Supply of One New Unit Aerial Fire Truck. The report recommends MW-2014-42 - Buckley Avenue Storm Sewer Tunnel. The report recommends the following: 1. That Associated Engineering (AE) be retained to perform inspection and contract administration at the estimated price of $127,409.00. 2. That Municipal Works staff be authorized to execute the necessary consulting agreement. - 2 - September 9, 2014 Council Minutes REPORTS 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. BDD-2014-03-Celebrate Ontario Grant re: New Year's Eve Show.The report recommends that Council authorize the Mayor and Clerk to sign the Celebrate Ontario Agreement. BDD-2014-04 - Tourism Partnership of Niagara (TPN) Regional Tourism Organization (RTO) Grant ET Canada New Year's Eve Niagara Falls Show. The report recommends Council authorize the Mayor and Clerk to sign the TPN-RTO Agreement. F-2014-37 - Major Receivables - July. The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F-2014-39 - Federal Gas Tax Revenue. The report recommends that City Council authorize the Mayor and City Clerk to execute the agreement with the Association of Municipalities of Ontario (AMO). MW-2014-30 - 2014 Sidewalk and Concrete Repair Program. The report recommends the following: 1. That the City of Niagara Falls award the contract for the Sidewalk and Concrete Repair program to Steed & Evans Limited at a tender price of $277,215.00, subject to a spending limit of the approved budget amount of$250,000.00; and, 2. That the Mayor and City Clerk be authorized to execute the necessary agreement. MW-2014- 39 - Strang Drive Road Reconstruction and Lamont Avenue Sanitary Sewer Replacement. The report recommends the following: 1. That the contract be awarded to the lowest bidder Demar Construction at the tendered price of $583,748.02. 2. That the Mayor and Clerk be authorized to execute the necessary contract documents. MW-2014-40 - Portage Road Watermain Replacement From 110m South of Valley Way to Valley Way Tender Award. The report recommends the following: 1. That the contract be awarded to the lowest bidder, Demar Construction Limited, at the tendered price of$201,047.43. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. MW-2014-41 - Request for Proposal RFP36-2014, Supply of One New Unit Aerial Fire Truck. The report recommends: 1. That RFP36-2014 for the purchase of one (1) new unit Aerial Fire Truck be awarded to Carrier Centers Emergency Vehicles of Brantford, Ontario in the amount of $696,632 plus options $23,470.00 (plus tax). Total of$720,120.00 (plus Tax) 2. That staff be authorized to sign the necessary purchase order and related documents associated with this purchase. MW-2014-42-Buckley Avenue Storm Sewer Tunnel.The report recommends the following: 1. That Associated Engineering (AE) be retained to perform inspection and contract administration at the estimated price of$127,409.00. 2. That Municipal Works staff be authorized to execute the necessary consulting agreement. - 3 - September 9, 2014 Council Minutes MW-2014-43-Ontario Community Infrastructure Fund(OCIF)and Small Communities Fund (SCF) Programs. The report recommends: That staff be directed to submit Expressions of Interest for the Riverview Park — CSO Storage Facility under the Ontario Community Infrastructure Fund and Corwin Crescent Sewer Separation/Watermain Replacement/Road Reconstruction Project under the Small Community Fund programs. PBD-2014-49 - PLC-2014-004, Request for Removal of Part Lot Control Blocks 22 through 28, Registered Plan 59M-407 Shapton Crescent, Windylane of Subdivision. Applicant: Mountainview Homes. The report recommends the following: 1. That Council approve the request and pass the by-law included in tonight's agenda to designate Blocks 22 through 28 on Registered Plan 59M-407, as exempt from Part Lot Control for a period of four years; and 2. That the applicant be required to notify the City when the new deeds for the lots have been registered. PBD-2014-53 - Matters Arising from Municipal Heritage Committee, Update of Designating By-laws. The report recommends the following: That Council pass the updated Designating By-laws that are listed on tonight's agenda for the following properties: • 12549 Niagara River Parkway • 4177 Park Street • 5674-5686 Peer Street • 3000 Portage Road R&C-2014-12 - Revised Municipal Alcohol Risk Management Policy. The report recommends that Council approve the revisions to the Municipal Alcohol Risk Management Policy. R&C-2014-13 - Arts & Culture Wall of Fame 2014 Inductees. The report recommends That Council approve the following 2014 Arts & Culture Wall of Fame Inductees: • Jennifer Garrett • Linus Hand • Big John "T-Bone" Little • Kimberly Newport-Mimran • Lynda Reeves • Daniel Rodrique • Pat Simon • Niagara District Art Association TS-2014-19-TransitAgreement with NCSAC(Niagara College StudentAdministrative Council). The report recommends the following: 1. That the City enter into a one semester Agreement with the Niagara College Student Administrative Council. 2. That Niagara Falls Transit services be extended to both Niagara College campuses from September 2014 through December 2014 at full cost recovery. 3. That the Mayor and City Clerk be authorized to execute the necessary agreement - 4 - September 9, 2014 Council Minutes TS-2014-31 - Transit Advertising RFP Results. The report recommends the following: 1. That the contract to place exterior and interior advertisements on Niagara Falls Transit buses be awarded to Street Seen Media for the period from September 1, 2014 through August 31, 2019 with an option to renew for an additional three years. 2. That the Mayor and the Clerk be authorized to execute the necessary agreements ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that the reports on the Consent Agenda be approved as recommended. Carried Unanimously L-2014-18 - Update-Cost, Ontario Municipal Board Appeal, Zoning By-law Amendment, 6015 Barker Street. The report recommends that the cost, to date, of the Battlefield Ontario Municipal Board Hearing is $271,217.52. ORDERED on the motion of Councilor loannoni, seconded by Councillor Thomson that the City ask the Friends of Lundy's Lane Battlefield if they are receiving pro bono legal services. Motion Carried with Councillor Pietrangelo opposed. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that Council obtain a legal opinion on seeking recovery costs related to the OMB Hearing. Carried Unanimously * * * * * COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Lupus Foundation of Ontario - requesting that October 2014 be proclaimed as "Lupus Awareness Month " in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor by Councillor Fisher that the request be approved. Carried Unanimously 2. Royal Canadian Legion Branch 51 - requesting the week of September 21-27, 2014 be proclaimed as" Legion Week"and a flag raising at City Hall September 22, 2014. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the request be approved. Carried Unanimously 3.a Taps Brewery b Niagara Falls Night of Art c 21 Band Salute d Vonda Gemuend - various requests seeking relief to the City's Noise By-law for various events. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that the various request be approved. Carried Unanimously - 5 - September 9, 2014 Council Minutes 4. United Steel Workers - requesting support of a resolution related to amendments to the Criminal Code as a result of the Westray Mine Disaster. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the request be approved. Carried Unanimously * * * * * RATIFICATION OF " IN CAMERA" MATTERS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher that the following be ratified from the In Camera Session of September 911h, 2014. 1. L-2014-19 Purchase of Property for Fire Station #7 8530 Lundy's Lane, Niagara Falls That the City purchase the property known municipally as 8530 Lundy's Lane from Piera Shuen for $1.5 million, subject to the conditions set out in the Agreement of Purchase and Sale that was executed by Piera Shuen and dated August 29, 2014, for a proposed west end Fire Station. That the Mayor and Clerk and City Solicitor be authorized to execute whatever documents are required to complete the transaction described in Recommendation 1 of this Report. Carried Unanimously * * * * * RESOLUTIONS NO. 16 - PIETRANGELO - THOMSON - THEREFORE BE IT RESOLVED that Niagara Falls City Council considers "Niagara Falls Night of Art" to be an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP)for the event. NO. 17 - PIETRANGELO - THOMSON - THEREFORE BE IT RESOLVED that Niagara Falls City Council considers "the 21 Band Salute"to be an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. Carried Unanimously * * * * * MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati extended condolences to the family of Jeremiah White, a retired city employee. Mayor Diodati advised of recent events: 31d Annual Ludzy's Celebrity Roast, Association of Municipalities of Ontario Conference, Habitat for Humanity Home Dedication Ceremony, Recalling Canada's First National Internment, Greater Niagara Chamber of Commerce event, GNBA Plaque unveiling to recognize the 1974 All Canadian Baseball Championship Team, Grand opening of Miss Kathie's Just Dance Programs, CAA Share the Road Bicycle Coalition Campaign, Niagara Falls Baseball Mosquito Championships, 104th Birthday of Dorothy Ives, 75th Anniversary of the"shreddie", Grand Opening Hairon's Nest, and the Thorold Stone Road Extension announcement. - 6 - Council Minutes September 9, 2014 Mayor Diodati advised of upcoming events: Rotary Lobsterfest, Terry Fox Run, Ontario Federation of Cerebral Palsy partnering with Value Village for Community Clothing Drive, Niagara Falls Night of Art, Mayor's Healthy Lunch and United Way Kick-off, followed by the United Way Fall Fest and the Parade for the Unknown Soldier. * * * * * NEW BUSINESS 6:10 p.m. Lyons Creek Community ORDERED on the motion of Councillor Fisher, seconded by Councillor Kerrio that the signage indicating "Emergency Access Only" be placed on the chain at Mann Street and Lyons Creek Parkway in the Lyons Creek Community. Carried Unanimously Meeting adjourned for 20 minutes * * * * * PRESENTATIONS/ DEPUTATIONS Alzheimer's Society 6:30 p.m. Peter Nicholson, Board Member, informed Council of the 19th Annual Coffee Break Campaign. Mr. Nicholson provided the Mayor with the Coffee Break kit. United Way 6:45 p.m. Carol Stewart-Kirkby, Executive Director, addressed Council on the annual United way campaign and related events. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher that the fees related to the food truck be waived and the event be exempt from the noise by-law. Carried Unanimously Judo Champion 7:00 p.m. Trinity Reid, local resident,was recognized for winning the US Junior National Open Judo Championship. Mayor Diodati presented Trinity with a plaque and gift on behalf of Council. * * * * * PLANNING MATTERS 7:00 P.M. Public Meeting PBD-2014-50 - 26CD-11-2014-002 &AM-2014-005, Smart Townes Phase 2 Draft Plan of Vacant Land Condominium Zoning By-law Amendment Application: Southwest Corner of Kalar Road and Angie Drive. ( Block 209, Plan 59M-384 and Block 64, Plan 59M-376) 63 Unit Townhouse Development. Owner: Pinewood Homes (Niagara) Proposal Applicant proposes to develop two parcels of land totaling 1.17 ha (2.9 ac) on the corner of Kalar Road and Angie Drive. Condominium is comprised of 63 units for townhouse dwellings. - 7 - Council Minutes September 9, 2014 Applicant is also applying to amend the zoning of the two blocks to permit the proposed development. Public Meeting The Planning Act requires a public meeting for vacant land condominium applications which is satisfied by tonight's meeting. Provincial Policy Subject lands are located in the City's greenfield area. Provincial policies require minimum density targets to be achieved in greenfield areas. These densities are to be 53 persons/jobs per hectare. The proposal satisfies Provincial Policies. Official Plan Designated Residential Multiple unit residential developments up to 75 units/ha may be considered adjacent to collector roads. Subject lands are located at intersection of an arterial road and a collector road. Townhouse design is compatible with surrounding development in building height and massing. Housing mix target of 70% single and 30% multiple residential is specified for the Garner Neighbourhood. Proposed townhouses are an acceptable alternative to apartments that will assist in meeting the Secondary Plan target for multiple residential units and provide housing choices. Zoning By-law Southerly block is zoned Residential Apartment 5B Density, (R5B-847) This zone permits the development of the land with either an apartment building up to 3 storeys or townhouse dwellings. Northerly block is zoned Residential Apartment 5C Density (R5C-921) This zone permits an apartment building or retirement home up to 6 storeys. Applicant wishes to retain these zoning rights and add townhouse dwellings as a permitted use subject to the Residential Low Density, Grouped Multiple Dwellings (R4) zone. Zoning Standards Standards Proposed Min Lot Area 200 sq m/unit 185 sq m/unit Min Exterior Side Yard Width 4.5 m plus 15 m 4.5 m Min Distance Between Dwellings 3 - 15 m 3 m Max # of Dwelling Units 8 9 Min Privacy Yard Depth 7.5 m 5.7 m; 7m & 7.5 m Min Aisle Width 6.3 m 6 m Condominium Design and Conditions of Approval The layout of the proposed plan is similar to the Smart Townes Phase 1, which is on the west side of Kelsey Crescent. - 8 - Council Minutes September 9, 2014 This design provides for a compact form of housing which has a higher density than a typical townhouse development, however, this design provides for densities that meet Provincial policies and provide a housing choice that is in demand by City residents. The design has reverse lot frontages (rear yards) along Kalar Road and Angie Dr. To improve the integration of the reverse lot frontages with surrounding development,wood privacy fencing should be limited to the privacy yards of the units, with low decorative fencing along the balance of the frontages along the northeast and southeast corners of Kalar Rd. Limiting fencing could allow for a walkway out to Kalar Rd to access transit. Transportation Services request the parking spaces closest to entry be eliminated to meet City standards and ensure safe entry into the development. Site works will be secured through a condominium agreement. Conclusion The applicant is proposing to develop the property into a Vacant Land Condominium which would include a total of 38 townhouse dwelling units ► The density of the project at 48 units/ha is appropriate for this location which is on a collector road and withing close proximity of a school and public transit. ► Selling price qualifies as affordable in Niagara Region ► Condominium will contribute to the City's 3 year supply of services land Recommendation That the Smart Townes Phase 2 Plan of Vacant Land Condominium be draft approved subject to the conditions in Appendix "A" of staff report PBD-2014-50. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. That the application to amend the Zoning By-law be approved to guide the development of the Vacant Land Condominium, as detailed in the report. That the Mayor and City Clerk be authorized to execute the Vacant Land Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. Peter Peterson, Kelsey Crescent, is not opposed to the development but concerned about the traffic impacts on his street, in light of the presence of young children. He asked whether consideration could be given to changing the entrance/exit to the facility either to Angie or Kalar rather than Kelsey Cres. Fred Brady, Kelsey Crescent, echoed the traffic concerns. Michael Colaneri, Pinewood Homes and Maureen Redmond of Pinewood Homes, addressed the proposed townhouse development. Mr. Colaneri indicated that access from Kalar Road was a challenge due to the nature of the arterial road. He was confident that the presence of a sidewalk would mitigate some of the Kelsey crescent concerns. The Public Meeting was Closed. ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the report be approved with fencing modified and that Transportation Services department report back on the traffic mitigation measures in consultation with the residents. Carried Unanimously - 9 - Council Minutes September 9, 2014 * * * * * BY-LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher that the by-laws be given a first reading. Carried Unanimously 2014-113 A by-law to designate Blocks 22 through 28, Registered Plan 59M-407, not be subject to part-lot control (PLC-2014-004). 2014-114 A by-law to amend By-law No. 2000-45, being a by-law to designate 12549 Niagara Parkway, known as the Danner-Sherk House, to be of cultural heritage value and significance. 2014-115 A by-law to amend By-law No. 78-25, being a by-law to designate 4582 Zimmerman Avenue now known as 4177 Park Street and known as the Old Police Building, to be of cultural heritage value and significance. 2014-116 A by-law to amend By-law No. 86-14 being a by-law to designate the British Methodist Episcopal Church, located at 5686 Peer Street as a building of cultural heritage value or interest. 2014-117 A by-law to amend By-law No. 78-68, being a by-law to designate 3000 Portage Road, known as the Church Residence, to be of cultural heritage value and interest. 2014-118 A by-law A by-law to authorize the execution of a Lease Agreement with Peterson Community Workshop Association (Chippawa) respecting the leasing of the premises known as the Peterson Community Workshop. 2014-119 A by-law authorizing execution of a Municipal Funding Agreement for the transfer of Federal Gas Tax Funds between the Association of Municipalities of Ontario and the City of Niagara Falls. 2014-120 A by-law to amend By-law No. 2007-161, being a by-law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of water rates. 2014-121 A by-law to authorize the execution of an agreement with the Niagara College Administrative Council Inc. for the provision of transit services. 2014-122 A by-law to authorize the execution of an agreement with the Town of Fort Erie for the provision of transit services. 2014-123 A by-law to provide for advance voting prior to voting day for the 2014 Municipal Election. 2014-124 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Standing Prohibited, Parking Prohibited, Through Highways, Stop Signs at Intersections, Heavy Vehicle Restriction, Designated Lanes) 2014-125 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 9th day of September, 2014. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher that the by-laws be given a second and third reading. Carried Unanimously - 10 - Council Minutes September 9, 2014 * * * * * ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes that the meeting be adjourned at 7:40 p.m. Carried Unanimously DEAN IORFIDA, ITY CLERK JAMES M. DIODATI, MAYOR