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04/12/2016 SIXTH MEETING REGULAR COUNCIL MEETING April 12, 2016 Council met on Tuesday, April 12th, 2016 at 4:30 p.m. in a Closed Meeting related to the items noted in the resolution below. All members of Council were present. NO. 8 MOROCCO KERRIO THEREFORE BE IT RESOLVED that on April 12, 2016 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 a matter that falls under s. 239(2)(d), labour relations.. Carried Unanimously Council met on Tuesday, April12th, 2016 at 5:20 p.m. for the purpose of considering Regular Business matters. All members of Council were present. * * * * * Isabella Muir sung the National Anthem * * * * * ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the minutes of the March 22"d, 2016 meeting be approved. Carried Unanimously * * * * * DISCLOSURE OF PECUNIARY INTERESTS No Disclosures REPORTS 5:00 P.M. FS-2016-03 — Fire Department Medical Tiered Response Agreement The report recommends that the Fire Chief be authorized to execute the renewal of the Emergency Medical Tiered Response Agreement documents. The Deputy Chief made a brief presentation to Council outlining the Tiered Response Agreement. ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that the report be approved as recommended. Carried Unanimously * * * * * Council Minutes April 12, 2016 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-2016-14 — Habitat for Humanity — Caledonia Street and Grey Avenue Projects The report recommends that Council approve the installation of services and the waiving of fees as outlined in this report for their 2016 and 2017 projects (Caledonia Street and Grey Street). PBD-2016-12- PLC-2016-002, Request for Removal of Part Lot Control, Blocks 133-138, Registered Plan 59M-417, Dores Drive and Shaw Street Oldfield Estates Plan of Subdivision — Phase 1, 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 133 through 138 on Registered Plan 59M-417, 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-2016-13 - AM-2015-005, Zoning By-Law Amendment Application, 5785 and 5807 Ferry Street, Applicant: 2405800 Ontario Limited (John Lally), Agent: Greg Taras, UEM Consulting, Removal of Holding (H) Regulations The report recommends that Council pass the by-law appearing on tonight's agenda to the holding (H) regulation from the subject lands which are currently zoned GC(H)-1013. TS-2016-14 —Award of Pavement Marking Tender RFT1-2016 The report recommends: 1. That Guild Electric be awarded Contract RFT1-2016 for the Supply of Materials and Services for Pavement Markings Using Truck Mounted and Small Machines (On Street); and 2. That the Mayor and City Clerk be authorized to execute the necessary agreements. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the reports on the Consent Agenda be approved as recommended. Carried Unanimously MW-2016-13 — City-Wide Beautification Contract The report recommends that the City of Niagara Falls award RFT9-2016- City Wide Beautification to Kelly Diggs Landscaping. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Campbell that the report be approved as recommended. Carried Unanimously MW-2016-14 — Tender Award Contract # 2016-373-15, Murray Street Pedestrian Bridge Rehabilitation The report recommends the following: 1. The contract be awarded to the lowest bidder Rankin Construction Inc., at the tendered price of$126,225.00 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. 2 Council Minutes April 12, 2016 ORDERED on the motion of Councillor Campbell, seconded by Councillor Pietrangelo that the report be approved as recommended. Carried Unanimously PBD-2016-15 - Historic Drummondville CIP Residential Loan Application, DRU- 2015-001, 5807 Ferry Street, Emerald Retirement Residence, Owner: 2405800 Ontario Limited The report recommends the following: 1. That Council approve the Residential Loan Program Application for 5807 Ferry Street, subject to the owner satisfying the program requirements. 2. That the Mayor and Clerk be authorized to sign and execute the loan agreement. 3. That the signed agreement forwarded to the Niagara Region for consideration under the Enhanced Residential Loan Program. ORDRED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the report be approved as recommended. Carried Unanimously ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that staff prepare a report related to tightening up securities associated with the CIP Loan programs. Carried Unanimously * * * * * MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati extended condolences to Shawn and Melanie Oatley, city employees on the passing of their grandmother, Cleo Gagno; and to Dave MacLean, a city employee on the passing of his mother, Mae MacLean. Mayor Diodati advised of recent events: Stamford Centre Volunteer Firefighter's Annual Easter Egg Hunt at Fireman's Park; Niagara Falls Tourism Ambassador Event; Miss Club Italia Pageant; Flag raising for Autism Awareness Month; Volunteer Firefighter's Graduation; Mayor's Youth Advisory Committee Student Forum; Niagara Falls Professional Firefighters Association Retirement and Awards Dinner; Faith Fellowship Christian Reform Church, 100th Anniversary; State of the Region Address by Chair Caslin. Mayor Diodati advised of upcoming events: Coronation Centre Volunteer Appreciation, Wednesday April 13th at 12:00 noon; 10 year Anniversary Celebration for Great Wolf Lodge, April 13th at 3:30 p.m.; 25 Year Anniversary of Tots n Tykes Daycare April 14th at 10:00 a.m.; Stair Climb to Raise Awareness for Children Cancer, April 16th at the Skylon Tower at 9:00 a.m.; Velocity Auto Group grand opening April 16th at 1:00 p.m.; Ribbon Cutting and Christening Ceremony at Bukator Park April 17th, and Grand opening of Niagara Elite Wellness Spa "News" on April 21st, 2016. * * * * * 3 Council Minutes April 12, 2016 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Memos from Community Development Coordinator and City Clerk — regarding the payment and provision of musicians at the Niagara Falls Market. RECOMMENDATION: That Council approve the provision of music at the Niagara Falls Farmer's Market. Rita Carrey made a brief presentation to Council outlining the difficulties for musicians at the current rates proposed. ORDERED on the motion of Councillor Strange, seconded by Councillor loannoni that Council approve the provision of music at the Niagara Falls Farmers' Market at a rate of $100.00/ performance for twenty-one (21) events. Carried Unanimously 2. St. Paul High School — requesting permission to hold a one-day Food truck event on their property. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the request be approved. Carried Unanimously 3. Niagara Shrine Club — requesting a grant equal to the costs associated with the road closures related to their parade on June 11th RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson that the request be approved. Carried Unanimously 4. Pride Niagara — requesting a flag raising on May 30th in association with Niagara Pride Week. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the request be approved. Carried Unanimously 5. Minister Responsible for Senior Affairs — requesting the month of June be proclaimed as "Seniors' Month". RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Campbell, seconded by Councillor Morocco that the request be approved. Carried Unanimously 6. Regional Municipality of Niagara — a Project initiation Report related to the Niagara GO Hub and Transit Stations Study. RECOMMENDATION: For the Information of Council. 4 Council Minutes April 12, 2016 ORDERED on the motion of Councillor Campbell, seconded by Councillor Morocco that the communication be received for information. Carried Unanimously PRESENTATIONS/ DEPUTATIONS 6:00 P.M. Novice AA Hockey Team - Ontario Minor Hockey Association Champions Mayor Diodati recognized The Niagara Falls Flyers Novice AA Hockey Team for winning the Provincial Championships and presented them with plaques. Brock University Dr. Jack Lightstone, President & Vice Chancellor of Brock University made a presentation to Council on Brock's engagement in the community. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Strange that the presentation be received for information. Carried Unanimously RESOLUTIONS Bio-Diversity Offsettinq Ed Smith, Port Dalhousie resident, was opposed to the proposed resolution on the agenda related to bio-diversity offsetting. He indicated that Ontario has lost 90% of its' wetlands and that only ponds can be recreated. He felt that what was being proposed to be offset would not regenerate and he questioned why the Niagara Peninsula Conservation Authority (NPCA) would be advocating for such a pilot project. Mr. Smith indicated that the resolution was especially premature in that an Environmental Impact study for the Thundering Waters/ Paradise lands has not been completed. Dr. John Bacher, PALS, was of the opinion that no development should take place in Provincially significant wetlands (PSW's), that the project requires careful review and that a full year of research is required related to PSW's. Danny Beaton, feels that the Thundering waters project is just for profit seekers and will not protect the earth. Regional Councillor Bruce Timms, NPCA Chair, indicated that the Conservation Authority wants more wetlands and they are responding to the Province's call on wetland policy. He indicated that although the NPCA has not identified a specific project, including Thundering waters, they would be interested in participating in a pilot project. He pointed out that bio-diversity offsetting is allowed in other Provinces. Carmen D'Angelo, CEO, NPCA, outlined the other jurisdictions that have allowed bio-diversity offsetting, such as other Provinces, the Federal government, Hydro One and themselves, for lands that do not reach the PSW qualification. With regard to loss of wetlands, he indicated that the NPCA always looks to "avoid, minimize and mitigate" 5 Council Minutes April 12, 2016 but if offsetting were allowed, they would desire a net gain offset. Mr. D'Angelo outlined the historical regeneration of the Thundering Waters area, maps depicting the current wetlands and what would be proposed by the developer to offset. David Deluce, Supervisor, Development Reviews, NPCA, outlined the consultation the NPCA had to date related to the Thundering waters property. ORDERED on the motion of Councillor Morocco, seconded by Councillor Campbell that the resolution be deferred until the appropriate planning application comes from the developer. Carried Unanimously Councillor loannoni vacated Council Chambers and did not return.\ NO. 9 THOMSON — MOROCCO — THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the Rotary Club of Niagara Falls Sunrise Ribfest to be an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. Carried Unanimously NO. 10 THOMSON — CRAITOR —THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the Animal Noises Music Festival to be an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. Carried Unanimously PLANNING MATTERS Public Meeting: AM-2016-003, Zoning By-law Amendment Application, 5932 Dorchester Road Applicant: Luca Scalzo, Agent: Jay Mason Proposal: Proposed Two- Storey Mixed Use Building Background Applicant has requested an amendment to Zoning By-law 79-200 for the lands known as 5932 Dorchester Road located on the east side of Dorchester Road and south of Lundy's Lane. Land is zoned Residential Single Family 1E (R1 E) The applicant is requesting the lands be rezoned to site specific General Commercial to permit a two storey mixed use building with one commercial unit and one residential unit on the main floor and three residential units on the second floor. Neighbourhood Open House Held on March 3, 2016 Three residents attended the meeting. 6 Council Minutes April 12, 2016 Concerns were as follows: • Existing traffic on Dorchester Road; • Adequate parking • Screening for the abutting property to the east. Applicant stated: • Traffic generated would be minimal; • Site plan provides adequate room for maneuvering on-site • Agreed to provide landscaping along the east property line and an 8 ft. high close board fence around the site to screen adjacent properties; • Sufficient parking is provided on-site. Planning Analysis Official Plan Lands are designated Tourist Commercial in the City's Official Plan Official Plan promotes strengthening of commercial areas through mixed use areas. Proposal will broaden housing choices. Proposal provides transition between abutting shopping plaza to the north and single detached dwellings to the south. Transportation system and municipal services can accommodate the development. Zoning By-law Subject property is zoned Residential Single Family 1 E (R1 E) Requesting to rezone the lands site specific GC to permit mixed use building. The reduced interior sideyard width can be supported as a majority of the yard will be landscaped Residential intensification will provide alternative housing options. Proposed dwelling on the ground floor will be located behind the commercial unit. Proposing to use small cube van to make deliveries. 4% reduction in landscaped open space can be supported as the rear yard provides the majority of landscaped amenity area for the future residents. 3 m. wide landscaped strip along Dorchester Rd. frontage will be removed once the road improvement works for Dorchester Rd. commence. 12 parking spaces are provided on-site. Site Plan Control Site Plan Control will address the issues regarding landscaping and buffering 7 Council Minutes April 12, 2016 Conclusion The amendment is recommended for the following reasons The Official Plan promotes residential uses on the lands designated Tourist Commercial either as standalone or mixed use buildings in order to assist in creating a complete Community. Will provide alternative housing choices. Would provide a transition between the commercial use to the north and residential use to the south. Will be compatible with surrounding neighbourhood as the proposed building will maintain the residential character and have minimal impact on surrounding properties. Sufficient parking is provided for the proposed development. Existing and planned infrastructure can support the development. Recommendation That Council approve the Zoning By-law amendment application to rezone the lands General Commercial with with site specific regulations permitting the development of a two storey mixed building with a commercial unit and a dwelling unit on the ground floor and three dwelling units on the second floor. The Public meeting is Closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Craitor that the report be approved. Carried Unanimously * * * * * RATIFICATION OF IN CAMERA MATTERS ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson that the recommendations from the April 12th, 2016 meeting be approved: That Council supports that future discussions with all bargaining units happen in accordance with the terms of their respective collective agreements. Motion Carried with Councillor Craitor opposed. * * * * * BY-LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the by-laws be given a first reading. Carried Unanimously 2016-30 A by-law to designate Blocks 133, 134, 135, 136, 137 and 138, Registered Plan 59M-417, not to be subject to part-lot control (PLC-2016-002). 8 Council Minutes April 12, 2016 2016-31 A by-law to amend By-law No. 2015-83 to remove the holding symbol (H) on the Lands on the north side of Lundy's Lane through to Spring Street, east of Ferry Street, to permit the use the Lands for a hotel. Restaurant and retirement home (AM-2015-005) 2016-32 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. 2016-33 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 12th day of April, 2016 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the by-laws be given a second and third reading. Carried Unanimously NEW BUSINESS Chair-A-Van ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that staff report back on all options related to Chair-A-Van. Carried Unanimously * * * * * ORDERED on the motion of Councillor Kerrio, seconded by Councillor Strange that the meeting be adjourned at 9:30 p.m. Carried Unanimously * * * * * IkAA DEAN IORFI A, CITY CLERK JAMES M. DIODATI, MA OR 9