Loading...
08/25/2015 FOURTEENTH MEETING REGULAR COUNCIL MEETING August 25, 2015 Council met on Tuesday, August 25, 2015 at 5:05 p.m. for the purpose of considering Regular Business matters. All members of Council were present. The National Anthem was sung by Sydney Bergevin. * * * * * ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Craitor, seconded by Councillor Morocco, that the minutes of the July 28th meeting be approved, as printed. * * * * DISCLOSURES OF PECUNIARY INTEREST Councillor Morocco indicated a pecuniary interest with cheque #385403, a mileage cheque for the FCM Conference made payable to herself. Councillor loannoni indicated a pecuniary interest regarding an In Camera matter related to CUPE negotiations. Mayor Diodati indicated a pecuniary interest regarding cheque #386221 made payable to him. * * * * * REPORTS/ PRESENTATIONS 5:20 — 6:00 P.M. 1. PBD-2015-38 — New Property Standards By-law The report recommends the following: That Council enacts the new Property Standards By-law including the updated schedule of fees. ORDERED on the motion of Councillor Morocco, seconded by Councillor Campbell that the staff recommendation report be approved. Carried Unanimously 2. PBD-2015-39 — PLC-2015-003, Request for Removal of Part Lot Control, Lots 170-173 (Inclusive), Plan 260, 8452-8484 Willoughby Dr., Parkway Gardens, Applicant: W.S. Walters Construction Limited The report recommends the following: 1. That Council approve the request and pass the by-law included in tonight's agenda to designate Lots 170-173 (inclusive), Plan 260, as exempt from Part Lot Control for a period of two years. 2. That the applicant be required to notify the City when the new deeds for the lots have been registered. Brian Sinclair, agent for the applicant, spoke to the matter. The property was built in 1956 and has been a rental ever since. He questioned the efficacy of placing Council Minutes August 25, 2015 eight laterals into a sewer of that age and pointed out that there had not been any sewer issues to date. He also questioned the time limit placed on Part Lot Control. It was pointed out by staff that the Ontario Building Code provisions cannot be overridden by Council. ORDERED on the motion of Councillor Campbell, seconded by Councillor Thompson that the recommendation report be approved deleting the provision that the provision setting a two-year time limit on the lifting of Part-Lot Control. Carried Unanimously 3. MW-2015-09 — Winter Maintenance Policy Review The report recommends the following: 1. The purpose of the report is to provide supplementary information on winter maintenance levels of service following the Winter Maintenance Presentation to Council on December 9, 2015. 2. That the Municipality calls on the Provincial Government to create and provide a Minimum Maintenance Standard for Sidewalk Winter Control Maintenance. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the staff recommendation report be approved. Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the staff investigate Burlington windrow program and report back to Council. Carried with Councillor Thomson opposed. 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. F-2015-33 - Major Receivables Monthly (July) That Council receive the Monthly Tax Receivables report for information purposes. F-2015-34 - Municipal Accounts That Council approve the municipal accounts totalling $10,877,942.63 for the period June 5, 2015 to August 6, 2015. FS-2015-07 - Metrolinx Antenna License Agreement 1. That Council approve the Metrolinx Antenna License renewal. 2. That the Mayor and Clerk be authorized to execute the related agreement. L-2015-26 - Consulting Agreement Purchase Order That Council approve a further revised Purchase Order for consultant services. 2 Council Minutes August 25, 2015 MW-2015-26 - Consultant Appointment, Niagara Falls Pollution Control Plan Update Study That the Mayor and Clerk be authorized to sign and execute a Consulting Services Agreement with GM BluePlan Engineering Limited to provide consulting services to the complete the update to the City of Niagara Falls Pollution Control Plan, at an upset limit of $197,025.00 excluding HST. MW-2015-27 - Re-Appointment of Engineer Under the Drainage Act, Spriet & Associates, St. John's Marsh Drain Project That Council approve the re-appointment of Spriet Associates as the Drainage Engineer for the St. John's Marsh Drain Project under section 78 of the Drainage Act. PBD-2015-40 - PLC-2015-004, Request for Removal of Part Lot Control. Lots 72-75 (Inclusive) and 82-84 (Inclusive), Registered Plan 59M-395, Chippawa West Phase 2 Subdivision, Applicant: A.J. Clarke and Associates Ltd 1. That Council approve the request and pass the by-law included in tonight's agenda to designate Lots 72-75 (inclusive) and 82-84 (inclusive) on Registered Plan 59M-395, 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. R & C 2015-11 MacBain Community Centre Renewal Agreements That council authorize the Mayor and City Clerk to act on the behalf of the City to execute the following MacBain Community Centre renewal agreements; Niagara Falls Public Library and the Niagara Falls Big Brothers and Big Sisters for their respective use of the MacBain Community Centre and amenities. TS-2015-19 Swayze Dr — Speed Control Review That a permanent speed hump be constructed on Swayze Drive in front of Ker Park. TS-2015-20 Booth Street— Parking Review That a "No Stopping" zone be established on the east side of Booth Street between Orchard Grove Parkway and a point 75 metres north of Orchard Grove Parkway. ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that the reports on the Consent Agenda be approved as recommended. Carried Unanimously MAYOR'S REPORTS, ANNOUCEMENTS Mayor Diodati offered condolences to the family of Colleen Mann, a bus operator with the City, on the passing of her father, Gregory James Wood. Mayor Diodati advised on past events: Para Pan AM Games and Torch Relay, Heater's Hero's event, 94th Annual Flower and Vegetable Show, Summer Company Student Program Launch, Grand Openings of Brewin's Sports Bar, Canadian Clothing Exchange, Montrose Dental and Water Depot. 35 Years of Service for Dr. Velji, Quantum Gymnastics official opening in their new location, the A.M.O. Conference, visitors for the Dragon Boat races in Welland, the Motorcycle show on Queen Street, the Steve Ludzik Celebrity Roast of Darryl Sutter and the unfortunate falling of the Heritage Oak Tree. Mayor Diodati advised of upcoming events: his Charity Roast benefitting Niagara Falls Community Outreach, Ovarian Cancer Walk of Hope, United Way Fall Fest, the 3 Council Minutes August 25, 2015 Terry Fox Run, the Big Ride for Cancer in honor of Tim Hoaday, recently deceased firefighter, and the retirement of Sam Arnold, City hall security guard. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. World Federation of Mental Health — requesting that October 19th be proclaimed as "World Mental Health Day". RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Morocco, seconded by Councillor loannoni that the request be approved, as recommended. Carried Unanimously 2. Ontario Society of Occupational Therapists — requesting that the month of October be proclaimed as "Occupational Therapy Month". RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the request be approved, as recommended. Carried Unanimously 3. The Monarchist League of Canada — requesting recognition of September 9th commemorating the coronation of the Queen. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the request be approved, as recommended. Carried Unanimously 4. Niagara Falls International Marathon — requesting the provision of buses and possible fee waivers related to road closures. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Thompson, seconded by Councillor Morocco that the request be approved. Carried Unanimously 5. United Way — requesting the allowance of food trucks for their kick-off event and waiver of business licensing fees. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that the request be approved. Carried Unanimously 6. Celebrate Old Downtown — requesting waiver of fees associated with road closures for Escape Room and 21 Band Salute Events and relief of provisions of the Noise By-law related to the Niagara Falls Street dance and Niagara Music Awards events. RECOMMENDATION: For the Consideration of Council. 4 Council Minutes August 25, 2015 ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the requests be approved. Carried Unanimously 7. Arif Merani Memorial Fundraising Event — requesting the purchasing of a table at their fundraising event. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Strange, seconded by Councillor Kerrio that the request be approved. Carried Unanimously ADDITIONAL REPORTS MW-2015-28 — Ontario Community Infrastructure Fund (OCIF) and Small Communities Fund (SCF) Programs Intake 2 Applications That staff be directed to submit Expressions of Interest for the Desson Avenue Municipal Services Replacement Project under the Ontario Community Infrastructure Fund and Slater Avenue Municipal Services Replacement Project under the Small Community Fund programs. ORDERED on the motion of Councillor Craitor, seconded by Councillor Pietrangelo that the request be approved as recommended. Carried Unanimously PRESENTATIONS/DEPUTATIONS 6:30 P.M. Epilepsy Niagara Kristin Timmins-Welton, Executive Director, and Sarah Flonders of Epilepsy Niagara informed Council of their Trivial Pur-SHOE-it Walk-a-thon scheduled for Oakes Park on September 12th. Ms. Timmins-Welton gave an overview of Epilepsy and explained Epilepsy Niagara provides non-medical services to those living with the disorder and their families. Ms. Flonders shared her story as someone living Epilepsy. Niagara Falls Red Raiders Junior Girls U19 Basketball Team The Niagara Falls Red Raiders Junior Girls U19 Basketball Team was recognized for their Ontario Cup Championship. Mayor Diodati presented trophies to the players. Councillor loannoni vacated Council Chambers. RESOLUTIONS NO. 25 PIETRANGELO - MOROCCO- THEREFORE BE IT RESOLVED that Niagara Falls City Council that Niagara Falls City Council consents to Centennial Square being the venue for the "21 Band Salute, considers the event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event and grants relief to the City's Noise By-law to allow amplified music until 11:00 p.m. Carried Unanimously 5 Council Minutes August 25, 2015 NO. 26 CRAITOR - STRANGE —THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the Mashing the Monster event to be an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. Carried Unanimously * * * * * RATIFICATION OF IN CAMERA MATTERS ORDERED on the motion of Councillor Thompson, seconded by Councillor Strange that the recommendation be approved. MW-2015-24, Valley Way Road Widening Land Purchase 1. That Land described Part of Reference Plan 59R15143 daylighting triangle at the northwest corner of Valley Way and Portage Road be purchased from the Trustees of the Grace Gospel Church as per the conditions of the Purchase and Sale of $2,500.00; and 2. That the Mayor and Clerk be authorized to sign and execute the necessary documents. Carried Unanimously * * * * * NEW BUSINESS Screaming Tunnels ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that staff look at who has jurisdiction for maintenance of the Screaming Tunnels and if the City, that staff look at removal of water to ensure dry passage through the tunnel. Carried Unanimously Victoria/Simcoe Intersection ORDERED on the motion of Councillor Campbell, seconded by Councillor Kerrio that traffic staff review the intersection of Victoria Avenue and Simcoe Street. Carried Unanimously Councillor loannoni returned. Heater's Heroes ORDERED on the motion of Councillor Strange, seconded by Councillor Pietrangelo that Council support "Hayden Davis Day", one of the Heater's heroes, and that a request be made to the Illumination Board to illuminate the Falls, gold. Carried Unanimously * * * * * 6 Council Minutes August 25, 2015 Councillor Pietrangelo vacated Council Chambers. PLANNING MATTERS 7:00 P.M. Public Meeting: 26CD-11-2015-002 Plan of Condominium (Vacant Land) Southwest Corner of Mountain Rd & St. Paul Ave., (Part 1, Plan 59R-13519) Applicant: 1784355 Ontario Limited (Chris Hawkswell & Joe DiCosimo) Agent: Raimondo + Associates Architects Inc. Proposed: 16 Unit Vacant Land Condominium Background Material: Recommendation Report PBD-2015-41 EXECUTIVE SUMMARY 1784355 Ontario Limited is proposing to develop the vacant 1.01 hectare of land located on the southwest corner of Mountain Road and St. Paul Avenue, (Part 1, Plan 59R-13519), as a Plan of Condominium (Vacant Land). The condominium will divide the land into 16 units of land with a common private road, visitor parking and amenity areas. The condominium will allow the individual ownership of the townhouse dwellings that are approved to be built on the land. Approval of the application is recommended for the following reasons: • The development is in conformity with the City's Official Plan, permitted by Zoning By-law No. 79-200, as varied by the Committee of Adjustment, and will be compatible with surrounding development; • The condominium will assist in providing housing choices and will contribute to the City's required 3 year short term housing supply; and • City and Regional interests will be addressed through the fulfilment of the conditions contained in Appendix 1. BACKGROUND Proposal The applicant is proposing to develop lands located at the southwest corner of Mountain Road and St. Paul Avenue, (Part 1, Plan 59R-13519), as a Plan of Condominium (Vacant Land). Refer to Schedule 1 to locate the 1.01 hectare (2.5 acre) property. The proposed condominium is comprised of 16 units of vacant land for future townhouse dwellings and includes a private road, visitor parking and amenity areas. Schedule 2 illustrates the design of the project. The subject land is zoned Residential Low Density, Grouped Multiple Dwellings (R4- 975) in accordance with Zoning By-law No. 79-200, as amended by By-law No. 98-183. The zoning permits the development of townhouse dwellings subject to site specific development standards. On October 28, 2014, the City's Committee of Adjustment approved a number of variances (A-2014-021) to the regulations of the Zoning By-law to allow the proposed design. The variances were recommended by the Planning Division and no appeals were received. 7 Council Minutes August 25, 2015 Surrounding Land Uses The subject land is located on the southwest corner of Mountain Road and St. Paul Avenue. A hydro corridor, owned by the Province of Ontario (Hydro One Networks Inc.) abuts the lands to the south. To the west are single detached dwellings. Circulation Comments • Region of Niagara No objections subject to the incorporation of conditions to address noise mitigation measures and waste collection. These conditions are included in Appendix 1. • Niagara Peninsula Conservation Authority No objection subject to the incorporation of conditions to address the stormwater pond design. • Municipal Works, Fire Services, Building Services, Canada Post, Bell Canada, Enbridge, Parks Design No objections. Requested conditions included in Appendix 1. • Niagara Falls Transit, Hydro One Networks Inc. No objections. Requested conditions included in Appendix 1. ANALYSIS/RATIONALE 1. Official Plan The subject lands are designated Residential in the City's Official Plan. Residential lands are intended to be developed with a variety of residential dwelling types, including townhouse dwellings. Townhouses can be developed up to a maximum net density of 40 units per hectare and should be located on local or collector roads. The proposed townhouses have a net density of 15.8 units per hectare and are located at the intersection of two collector roads. The proposed development is in character with the surrounding residential developments in the vicinity. The townhouse development will blend into the lot fabric, streetscape and built form of the area. The subject site is located in proximity to the Neighbourhoods of St. David's Subdivision. The development will contribute to the required short term (3 year) supply of housing mandated by the Planning Act for future needs. The City has close to a 6 year supply. 2. Zoning By-law The property was rezoned in 2013 as Residential Low Density, Grouped Multiple Dwellings (R4-975) with site-specific regulations. This zoning permits the proposed townhouse dwellings. In 2014, the applicant had submitted a Minor Variance application (A-2014-021) to obtain relief from the minimum southerly and easterly setback, maximum lot coverage and minimum landscape provisions of the Zoning By-law. The application was approved by the Committee of Adjustment. The current proposal complies with the zoning provisions, as varied. 3. Plan of Condominium and Conditions of Approval The plan of condominium will accommodate the intended division of the land into vacant units of land that can be owned separately. The plan will facilitate the 8 Council Minutes August 25, 2015 sale of the townhomes to be built on them. The plan includes a private common road off of Mountain Road, visitor parking and amenity areas. The scale, height and setbacks of the proposed dwellings will be compatible with the surrounding housing. Lands that are developed as a vacant land condominium are not made subject to Site Plan Control because the development issues including site servicing/grading, landscaping, lighting, fencing, and waste disposal are addressed in the condominium agreement. Appendix 1 includes the recommended conditions of approval including the installation of the necessary facilities and services for Canada Post, Bell Canada and Enbridge. FINANCIAL IMPLICATIONS The proposed development will generate development charge contributions and property tax revenue for the City. There are no other financial implications. CITY'S STRATEGIC COMMITMENT The application does not affect any of the City's strategic commitments REPORTREPORTLIST OF ATTACHMENTS Schedule 1 - Location Map Schedule 2 - Draft Condominium Plan Appendix 1 - Conditions of Draft Plan of Condominium Approval RECOMMENDATION 1. That the Plan of Condominium (Vacant Land) be draft approved subject to the conditions contained in Appendix 1. 2. 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. 3. 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. 4. That the Mayor and City Clerk be authorized to execute the 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. The Public Meeting was Closed. Emilio Raimondo, for the agent, felt the project was an excellent opportunity to fill a very peculiar shaped site. Although the final concept is not complete, he suggested that the townhouses would be upscale. ORDERED on the motion of Councillor Morocco, seconded by Councillor Kerrio that the application be approved as recommended. Carried Unanimously Councillor Pietrangelo returned BY-LAWS 9 Council Minutes August 25, 2015 ORDERED on the motion of Councillor Craitor, seconded by Councillor loannoni that the by-laws be given a first reading. Carried Unanimously 2015-91 A by-law to adopt a Consulting Agreement Purchase Order form. 2015-92 A by-law to designate Lots 49 and 50, Registered Plan 59M-401, not to be subject to part-lot control (PLC-2015-002). 2015-93 A by-law to designate Lots 72-75 (inclusive) and Lots 82-84 (inclusive), Registered Plan 59M-395, not to be subject to part-lot control (PLC-2015- 004). 2015-94 A by-law to authorize the execution of an amending licensing agreement between 2095527 Ontario Limited and the Corporation of the City of Niagara Falls for an antenna at 6700 Fallsview Boulevard. 2015-95 A by-law to authorize the execution of a lease renewal between the Corporation of the City of Niagara Falls and the Niagara Falls Big Brothers Big Sisters Association Inc. for a portion of the premises municipally known as the MacBain Community Centre, 7150 Montrose Road. 2015-96 A by-law to authorize the execution of a lease renewal between the Corporation of the City of Niagara Falls and the Niagara Falls Public Library Board for a portion of the premises municipally known as the MacBain Community Centre, 7150 Montrose Road. 2015-97 A by-law to amend By-law No. 80-114, being a by-law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. 2015-98 A by-law to authorize the execution of an agreement with the Town of Fort Erie for the provision of transit services. 2015-99 A by-law to approve the extension of the appointment of Spriet Associates the Drainage Engineer for the St. John's Marsh Drain Project. 2015-100 A by-law to authorize the execution of an Agreement of Purchase and Sale with the Trustees of Grace Gospel Church, respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. 2015-101 A by-law to prescribe standards for the maintenance and occupancy of property within the City of Niagara Falls. 2015-102 A by-law to designate Lots 170-173 (inclusive), Plan 260, not be subject to part-lot control (PLC-2015-003). 2015-103 A by-law to authorize the payment of $ $10,877,286.00 for General Purposes. 2015-104 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 25`h day of August, 2015 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that the by-laws be given a second and third reading. Carried Unanimously 10 Council Minutes August 25, 2015 ORDERED on the motion of Councillor Thompson, seconded by Councillor Craitor that the meeting be adjourned at 7:15 p.m. Carried Unanimously 4 7,, -- DEAN IORFID. , CITY CLERK JAMES M. DIODA I, MAYOR 11