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07/12/2016 TENTH MEETING REGULAR COUNCIL MEETING July 12, 2016 Council met on Tuesday, July 12, 2016 at 4:00 p.m. in a Closed Meeting related to the items noted in the resolution below. All members of Council, with the exception of Councillor loannoni, were present. NO. 18 KERRIO CAMPBELL THEREFORE BE IT RESOLVED on July 12, 2016 at 4:00 p.m., Niagara Falls Council went into a closed meeting, prior to their regularly scheduled meeting at 5:00 p.m. to consider matters that fall under s. 239(2)(c), a matter that falls under s. 239(2)(d), labour relations. Carried Unanimously Council met on Tuesday, July 12, 2016 at 5:20 p.m. for the purpose of considering Regular Business matters. All members of Council were present, with the exception of Councillor loannoni. Kylie Mason sang the National Anthem. * * * * * ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the minutes of the June 14, 2016 meeting be approved. Carried Unanimously * * * * * DISCLOSURE OF PECUNIARY INTERESTS Councillor Morocco indicated a pecuniary interest related to the In Camera matters, as her spouse is employed by the City. Councillor Strange indicated a pecuniary interest related to the Communication related to Heater's Heroes. * * * * * PRESENTATIONS/ DEPUTATIONS 5:00 P.M. Foundation for a Drug-Free World The Mayor recognized the winners from the "Why I Want a Drug-Free Community" essay contest recently held at various local schools. Knights of Columbus Free Throw Championship The Mayor recognized Joey Ciampa, Dante De Benedetti, Matteo De Benedetti, and Tavish McMahon for winning the Knights Of Columbus free throw competition. Share the Road Cycling Coalition Jamie Stuckless, Executive Director, of the Share the Road Cycling Coalition recognized the City with a bronze award. Council Minutes July 12, 2016 Sears National Kids Cancer Ride Neil Babbage outlined his involvement in the event, which is a coast to coast bicycle ride to raise funds for childhood cancer. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that a link to Neil's fundraising page be placed on the City's website. Carried Unanimously Wildplay Niagara Falls Rich Merlino, General Manager, and Lindsay DiCosimo of Wildplay Niagara informed Council of the new zip line attraction. Niagara Sustainability Initiative Matt Brunette, Development & Engagement Manager informed Council on the Niagara Sustainability Initiative. ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson that a letter of support for the Niagara Sustainability Initiative be prepared. Carried Unanimously REPORTS Councillor Pietrangelo Chaired. TS-2016-27 Victoria Avenue between Bridge Street and Valley Way Designated Bicycle Lanes and Reduced Lane Width The report recommends that a bicycle lane be designated on Victoria Avenue between Bridge Street and Valley Way. The Traffic Technologist did a presentation. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that the recommendation report be approved. Carried Unanimously Water Rate Structure Review The Director of Finance did a presentation on the public consultation related to the water rate review and the determination of the rate in other municipalities. Various options were presented. Recommendations were provided. Ed Bielawski, local resident, outlined his preferences as far as the various options proposed. ORDERED on the motion of Mayor Diodati, seconded by Councillor Kerrio that Staff immediately implement develop a meter replacement program to rectify variances within meter classes and improve water loss ratio, and That Council direct staff to utilize a rate structure that collects budgeted revenue 60/40 split for 2016, and That staff continue to review the split on an annual basis to move towards industry averages. Carried Unanimously 2 Council Minutes July 12, 2016 * * * * * PLANNING MATTERS 6:30 P.M. PBD-2016-41, AM-2016-009, Zoning By-law Amendment Application 5741 McGrail Avenue, Applicants: Tim and Evan Burke and Jon Grossi Proposal: Conversion of Existing Building into seven vacation rental dwelling units and allowance for other tourist servicing uses. Background Material: Zoning By-law amendment for lands known as 5741 McGrail Ave having an area of 845 sq. m.(0.2 ha). Lands are designated site specific Tourist Commercial (TC) Limited to use as a hostel. To permit the building to be converted into 7 vacation rental units and to re-establish most of the standard TC uses. Planning Analysis Vacation Rental Dwelling Vacation rental dwellings are an alternative form of accommodation growing globally and in the City. Defined as a dwelling unit that is rented in its entirety to one group of travelers at a time for a period of less than 28 days. This type of accommodation include facilities to prepare meals and typically, no owner or manager is present on-site. Rental arrangements made via internet. Official Plan Existing building was formerly an apartment and hostel. A measure of land use compatibility has evolved with surrounding properties. Would provide an alternative form of tourist accommodation and provide an appropriate transition between more intensive tourist uses south of McGrail Ave and the residential and non-conforming uses to the north. Does not create additional impacts on surrounding area or transportation and servicing infrastructure. Zoning By-law Surrounding properties zoned standard TC permitting a wide range of tourist serving commercial uses, 3 Council Minutes July 12, 2016 Amendment will re-establish most of the uses originally permitted and preclude uses that are sensitive and incompatible with nearby Post Cereals plant. Parking ratio of 1.25 spaces/unit as property is in proximity to attractions and commercial parking lots. Amendment Recommended Is an alternative form of accommodation and compatible with other tourist serving uses in City's Tourist districts, Provide an appropriate transition between more intensive tourist uses south of McGrail Ave and residential and non-residential uses to the north, Similar to other accommodation uses permitted in TC zone with exception they include facilities to prepare meals and no owner or manager is present, Site specifically eliminating the opportunity for dwelling units, recreational uses and a day nursery, will ensure that uses that are sensitive to nearby industry are not located on the property, Parking ration of 1.25 spaces per vacation rental dwelling unit is acceptable because the property is in proximity to primary attraction area for tourists and commercial parking lots. Recommendation Council approve the Zoning By-law amendment application to site specific Tourist Commercial permitting up to 7 vacation rental dwelling units, a hostel and the uses permitted in the TC zone save and except for dwelling units, recreational uses and a day nursery, and Subject to establishing a site specific parking requirement of 1.25 spaces per unit. Tim Burke, the applicant, indicated that the property would be managed by Niagara Smart Save, a similar operation to Air BnB. The Public Meeting was closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the recommendation report be approved. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati advised of the GO announcement and the OLG's RFP for entertainment centre. Mayor Diodati advised of recent events: U-Haul Moving and Storage, Paul's Restorations and Newton Financial grand openings, Graduations of high school students, Canada Day celebrations, Tesla Day event, Toronto Maple Leaf's Rookie Camp at the Gale Centre. Mayor Diodati advised of upcoming events: opening of The Market at Go Fitness Niagara, \ Casa Das Natas (Portuguese bakery), grand opening, Wildplay Niagara and 4 Council Minutes July 12, 2016 Zipline to the Falls opening, Livestock Niagara Music Festival, and the annual AMO Conference in Windsor. Mayor Diodati extended condolences to MPP Wayne Gates and family on the passing of his father-in-law Pietro De Luca and to Rick Stokes, on the passing of his son, Michael Stokes. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Lundy's Lane B.I.A. — requesting approval of their revised slate of Directors. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councilor Pietrangelo, seconded by Councillor Thomson that the communication be approved. Carried Unanimously 2. Memo from Director of Recreation & Culture — re: pool hours. -AND- NOTE: Lucy Di Nunzio has requested to speak to the issue. RECOMMENDATION: For the Information of Council. Lucy Di Nunzio outlined the importance of pools in the summer and asked that an extra hour be instituted for the next season. ORDERED on the motion of Councillor Strange, seconded by Councillor Campbell that staff report back to Council on usage of public pools and the amount of extended hours upon completion of the season. Carried Unanimously Councillor Pietrangelo exited. 3. Memo from the City Clerk — re: neonicotinoids. RECOMMENDATION: For the Information of Council. ORDERED on the motion Councillor Campbell, seconded by Councillor Kerrio that the memo be received and filed. Carried Unanimously 4. Noise By-law — various requests for relief to the Noise By-law. RECOMMENDATION: For the Consideration of Council. Councillor Pietrangelo returned. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the various requests be approved. Carried Unanimously with Councillor Strange declaring a conflict on the Heater's heroes request. 5 Council Minutes July 12, 2016 5. 365Sports — requests related to the Urban Slide event. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson that the provision of in-kind services, including water supply, be approved Carried Unanimously 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. L-2016-11 — Entry on to Adjoining Lands By-law The report recommends the following: That Council enact a by-law permitting landowners who are seeking to repair or alter their buildings and fences, to enter adjoining land to carry out such repairs, improvements or renovations. ORDERED on the motion of Councillor Kerri, seconded by Councillor Campbell that the report be approved. Carried Unanimously L-2016-12 — Acquisition of Lands from the Region Parts 1 and 2, Plan 59R-14919 Portion of Whirlpool Road. The report recommends the following: 1 . That the City of Niagara Falls enter into an Agreement of Purchase and Sale with The Regional Municipality of Niagara (the "Region") and acquire a portion of Whirlpool Road, legally described as Parts 1 and 2 on Reference Plan 59R- 14919, as set out on the attached Reference Plan and Location Map, for nominal consideration. 2. That the Mayor and Clerk be authorized to execute any and all documents required to complete the transaction authorized by Recommendation 1 above. 3. MW-2016-33 — Young & Hopf Wagner Drain — Filing of Engineer's Report The report recommends the following: 1 . That staff be directed to include the replacement of Willodell Road and Schneider Road Bridges as part of the Young & Hopf-Wagner Municipal Drain project, and 2. That the City assumes the costs to transfer the subject property back to the City's ownership and re-establish the Schneider Road allowance between Willodell Road and Schaubel Road. MW-2016-30 — Emergency Decommissioning of City Storm Sewer on former Cytec Lands, City Property & CN Rail Property The report recommends the following: 1. That Council authorize City staff to engage the services of Baiocco Construction to 6 Council Minutes July 12, 2016 complete the proposed emergency storm sewer decommissioning work, 2. That the Capital Budget be amended to reflect this new expenditure. MW-2016-31 — Fernwood Trail Development Phase 2 The report recommends the following: 1. That the tender for the Fernwood Trail Development Phase 2 be awarded to Anthony's Excavating Central Inc. in the amount of $252,141.00 (excl. HST). 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. MW-2016-26 — Colborne St Sewer Separation & Road Reconstruction Phase 1 Tender Result— Contract No. 2016-320-13 The report recommends the following: The contract be awarded to the lowest bidder Demar Construction Inc. at the tendered price of$931,681.42. That the Mayor and City Clerk be authorized to execute the necessary contract documents. MW-2016-32 — Tender Award Contract No. 2016-400-16, Desson Avenue and Slater Avenue Road Reconstruction The report recommends the following: The contract be awarded to the lowest bidder Demar Construction Inc. at the tendered price of $2,854,218.86. That the Mayor and City Clerk be authorized to execute the necessary contract documents. PBD-2016-32 — Matters Arising from the Municipal Heritage Committee Proposed New Doors for Old St. John's Church Stamford Green Heritage Columbarium The report recommends that Council approves the alteration to the Old St. John's Church/Stamford Green Heritage Columbarium and specifically, the installation of new front entrance doors as it will assist in the preservation and security of the building and allow the building to be more accessible. PBD-2016-33 — PLC-2016-004, Request for Removal of Part Lot Control Block 75, Plan 59M-401. 7180- 7192 Stacey Drive. Applicant: Kenmore Homes. Agent: Carmela Agro, Upper Canada Consultants The report recommends the following: 1. That Council approve the request and pass the by-law included in tonight's agenda to designate Block 75 on Registered Plan 59M-401, as exempt from Part Lot Control for a period of two years, and 2. That the developer be required to notify the City when the new deeds for the parcels have been registered. PBD-2016-35 — DOW-2016-003, Commercial Building & Façade Improvement Grant and Revitalization Grant. 4458 Queen Street. Applicant: Niagara Radio Group Limited The report recommends that Council approve the Commercial Building and Façade Improvement Grant and Revitalization Grant Applications for 4458 Queen Street, subject to the owner satisfying the program requirements. 7 Council Minutes July 12, 2016 TS-2016-28 — Taylor Street— Parking Review The report recommends that a 15-minute parking zone is established on the north side of Taylor Street from a point 14 metres west of Drummond Road to a point 20 metres west of Drummond Road. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that the reports on the Consent Agenda be approved as recommended. Carried Unanimously RESOLUTIONS NO.19- PIETRANGELO - MOROCCO — 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. Carried Unanimously NO. 20- PIETRANGELO - MOROCCO — THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the Heart Niagara event to be of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. Carried Unanimously NO. 21- PIETRANGELO - MOROCCO — THEREFORE BE IT RESOLVED that Niagara Falls City Council considers such fundraising events, like the upcoming event organized by Standup for Kids with Autism to be of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. Carried Unanimously NO. 22-PIETRANGELO - MOROCCO — THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the Urban Slide to be an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. Carried Unanimously BY-LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Campbell that the by-laws be given a first reading. Carried Unanimously 2016-64 A by-law to provide for the entry upon adjoining lands. 2016-65 A by-law to authorize a Transfer, Release and Abandonment of Easement to release the easement registered as Instrument Number SN378300, over part of Lots 19 and 20, Concession 3, designated as Part 1 on Reference Plan 59R-14902 2016-66 A by-law to authorize the execution of a Subdivision Agreement with Queensway Chippawa Props. Inc. respecting Chippawa West Phase 2- Stage 3 Subdivision, subject to all conditions of the Subdivision Agreement being met to the satisfaction of the Director of Planning, Building and Development. 8 Council Minutes July 12, 2016 2016-67 A by-law to designate Block 75, Registered Plan 59M-401, not be subject to part-lot control (PLC-2016-004). 2016-68 A by-law to amend By-law No. 79-200, to permit the Lands to be used for commercial purposes (AM-2016-002). 2016-69 A by-law to amend By-law No. 70-69, to restrict the use of the Lands to agricultural purposes only (AM-2016-006). 2016-70 A by-law to amend By-law No. 70-69, to permit a residence not associated with an agricultural use on the Lands, subject to site specific regulations (AM-2016-006). 2016-71 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. 2016-72 A by-law to amend By-law No. 96-50, being a by-law to provide for establishing parking lots in the City of Niagara Falls, and for regulating, supervising and governing the parking of vehicles in various municipal parking facilities thereon and charging a fee for such parking. 2016-73 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Stop Signs at Intersections, Heavy Vehicle Restriction) 2016-74 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 12th day of July, 2016. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Campbell that the by-laws be given a second and third reading. Carried Unanimously NEW BUSINESS Cottage Rental Dwellings Robert Ainslie, McMillan Drive resident, spoke to the issues related to an alleged cottage rental dwelling on his street. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Thomson that staff report back on how to solve the problem of illegal cottage rental dwellings in the municipality, and That staff be directed to employ all available methods necessary, up to and, including the seeking of court injunctions. Carried Unanimously Recognitions ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that John MacBain be recognized. Carried Unanimously 9 Council Minutes July 12, 2016 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Campbell that a street be named after Don Ede. Carried Unanimously ORDERED on the motion of Councillor Strange, seconded by Councillor Pietrangelo that the City consider naming a sports facility after W. Bad Mayes Carried Unanimously Public Washrooms ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that staff report back on the possibility of public washrooms in the Victoria Centre BIA. Carried Unanimously McLeod Road Crosswalk ORDERED on the motion of Councillor Thomson, seconded by Councillor Craitor that staff report back on how best to approach the Region, to reconsider the implementation of a crosswalk at McLeod and Wilson, and That Council members and residents be encouraged to appear as a delegation at any future meetings at the Region dealing with the issue. Carried Unanimously Provincial Third Party Investigation Report ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the Premier be called upon to release the results of an independent third party investigation, with personal information redacted, into the allegations against former M.P.P., and current, City Councillor Kim Craitor. Carried Unanimously with Councillor Craitor declaring a conflict. 5466 Morrison ORDERED on the motion of Councillor Thomson, seconded by Morocco that staff report back on the property standards complaint related to 5466 Morrison. Carried Unanimously Community Health Centre ORDERED on the motion of Councillor Morocco, seconded by Councillor Pietrangelo that staff meet with representatives from the Community Health Centre and Chair-A-Van to facilitate one-ticket access. Carried Unanimously A.N. Myer Turf Field ORDERED on the motion of Councillor Strange, seconded by Councillor Pietrangelo that Council indicate its' support of the DSBN installing a turf field at A.N. Myer and direct staff to enter into negotiations for investments and use of the field for baseball, rugby, football and soccer. Carried Unanimously 10 Council Minutes July 12, 2016 Heater's Heroes ORDERED on the motion of Councillor Strange, seconded by Councillor Kerrio that a day be facilitated with Niagara Falls Tourism and the Niagara Parks Commission for this year's Heater's Heroes. Carried Unanimously Box Climb ORDERED on the motion of Councillor Morocco, seconded by Councillor Kerrio that a link be placed on the City's website for donations to the Box Climb. Carried Unanimously * * * * * ORDERED on the motion of Councillor Kerrio, seconded by Councillor Morocco that the meeting be adjourned at 10:00 p.m. Carried Unanimously * * * * * DEAN IORFIDA CIT CLERK 7ES M. DIODATI, MAYOR 11