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09/27/2016 THIRTEENTH MEETING REGULAR COUNCIL MEETING September 27, 2016 Council met on Tuesday, September 27, 2016 at 4:30 p.m. in a Closed Meeting related to the items noted in the resolution below. All members of Council, except Councillor loannoni and Mayor Diodati were present N0.27 MOROCCO — CAMPBELL therefore be it resolved on September 27, 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)(c), a proposed acquisition of land pertaining to property at the corner of Montrose and Biggar Roads and a matter that falls under s. 239(2)(f), advice that is subject to solicitor-client privilege and s. 239(2)(e), litigation or potential litigation, including matters before administrative tribunals, related to an education development charges appeal by the Niagara Catholic District School Board Carried Unanimously Council met on Tuesday, September 27, 2016 at 5:20 p.m. for the purpose of considering Regular Business matters. All members of Council, except Mayor Diodati and Councillor loannoni were present. Councillor Kerrio was Acting Mayor. * * * * * Summer Watson sang the National Anthem. * * * * * ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Morocco, seconded by Councillor Craitor that the minutes of the August 23, 2016 meeting be approved. Carried Unanimously ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the minutes of the Special Council meeting of September 2, 2016 be approved. Carried Unanimously * * * * * DISCLOSURE OF PECUNIARY INTERESTS Councillor Morocco indicated a pecuniary interest to cheque number 397433 made payable to her spouse and cheque numbers 397577 and 397944, made payable to herself, related to the AMO conference. Councillor Campbell indicated a pecuniary interest to cheque numbers 397530 and 397123, made payable to himself, related to the AMO conference. Councillor Pietrangelo indicated a conflict with an In Camera matter involving the Catholic District School Board, his employer. Councillor Craitor indicated a pecuniary interest to cheque number 397609 made payable to himself. * * * * * Council Minutes September 27, 2016 REPORTS TS-2016-34 Transit Public Outreach The report recommends that the information outlined in the report be forwarded to the 2017 budget deliberations. ORDERED on the motion of Councillor Craitor, seconded by Councillor Thomson that the report be approved as recommended. Carried Unanimously PBD-2016-53 Request to Recognize McKenzie China Shop and Don Naisbitt, Applicant: Chippawa Public Dock Committee The report is recommended for the consideration of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the requests be approved. Carried Unanimously F-2016-37 — 2015 Financial Statements The report is recommended for the information of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the report be approved as recommended. 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. F-2016-35 — Major Receivables August The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F-2016-36 - Municipal Accounts The report recommends that Council approve the municipal accounts totaling $32,686,031.78 for the period August 5, 2016 to September 8, 2016. L-2016-20 - Demolition of Bridge Street Transit Building, Our File No. 2016-100 The report recommends that the City continue to complete the demolition of the Bridge Street Transit Service Garage, as directed by the environmental consultants. 2 Council Minutes September 27, 2016 MW-2016-40 - Millennium Recreation Trail Section 6 (Lundy's Lane to Royal Manor Dr.), Tender Award The report recommends the following: 1. That Tender 2016-409-16 for the construction of the Millennium Recreation Trail - Section 6 be awarded to the lowest bidder, Stevensville Lawn Service, in the amount of $283,519.00 excluding HST; and, 2. That the Mayor and City Clerk be authorized to execute all required contract documents and licences. MW-2016-29 - Claims Procedure on Capital Projects The report is recommended for the information of Council. PBD-2016-46 - PLC-2015-005, Request for Removal of Part Lot Control, Lot 60, Registered Plan M-90, Parts 1 and 2, Plan 59R-15418 (6222-6228 Giovina Drive) Moretta Estates Plan of Subdivision, Applicant: Mario Chan, Agent: Al Heywood (Matthews, Cameron, Heywood-Kerry T.Howe Surveying Limited) The report recommends that Council approve the request and pass the by-law included in tonight's agenda to designate Lot 60 on Registered Plan M-90, as exempt from Part Lot Control for a period of two years. PBD-2016-47 - 26CD-11-2016-04, Proposed Plan of Condominium, 4644 Pettit Avenue, Applicant: 1006057 Ontario Limited. (George Bhadi), Agent: Al Heywood (Matthews, Cameron, Heywood Surveying Ltd.) The report recommends the following: 1. That the Plan of Condominium be draft approved subject to the conditions 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. PBD-2016-51 - Second Floor Administration and Committee Room Renovations, City Hall, 4310 Queen Street The report recommends the following: 1 . The contract be awarded to Scott Construction at the quotation price submitted of $389,442.92 plus H.S.T. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. 3. That Council approved the amended Capital Budget for the Project including the additional funding of $127,813 from the Capital/Operating Reserves. PBD-2016-52 - GTY-2016-007, Gateway Community Improvement Plan and Municipal Employment Incentive Program Application, 7790 Blackburn Parkway, Cantex Distribution Inc. (David Qureshi) The report recommends the following: 3 Council Minutes September 27, 2016 1. That Council approve the Niagara Gateway CIP Tax Increment Based Grant program and Municipal Employment Incentive Program Application for 7790 Blackburn Parkway subject to the Owner satisfying the program requirements. 2. That Council approve the use of the Capital / Operating reserve to offset the approximate planning and building permit fees of $25,110. 3. That the Niagara Region be advised of the decision of City Council. 4. That the Mayor and Clerk be authorized to sign and execute the Tri-party grant agreement. ORDERED on the motion of Councillor Thomson, seconded by Councillor Strange that the reports on the Consent Agenda be approved as recommended. Carried Unanimously MW-2016-39 - Tennis and Basketball Service Delivery Review Information Report The report recommends that staff be directed to commence with the public engagement process and incorporate the feedback into a future report for Council's consideration. ORDERED on the motion of Councillor Strange, seconded by Councillor Campbell that the report be approved as recommended. Carried Unanimously PRESENTATIONS/ DEPUTATIONS 6:00 RM. Paralympic Medallist Acting Mayor Vince Kerrio recognized Niagara Falls native, Shelley Gauthier for winning a bronze medal in the 15km cycling time trail event at the recent Rio games. Alzheimer's Coffee Break Peter Nicholson, Board Member, Alzheimer Society Niagara Foundation informed Council on the 21st Annual Coffee Break. David Gregory MacKinnon Memorial Foundation Michelle MacKinnon, President, informed Council of an upcoming event the Foundation is hosting. ORDERED on the motion of Councillor Strange, seconded by Councillor Morocco that Council purchase a table for the event. Carried Unanimously Push for Change Patty Berard, Board Member, Gateway Residential & Community Support Services informed Council of the Push for Change event to combat homelessness and the upcoming opening of their building in Niagara Falls. ORDERED on the motion of Councillor Thomson, seconded on the motion of Councilor Pietrangelo that Council support the event and purchase a table. Carried Unanimously 4 Council Minutes September 27, 2016 PLANNING MATTERS 6:30 P.M. PBD-2016-48, AM-2016-016, Zoning By-law Amendment Application North Side of Oldfield Road East of Dorchester Road. Proposal: A block Townhouse Project with 24 Dwelling Units and an On-Street Townhouse Project with 4 Dwelling Units Applicant: 800460 Ontario Ltd. And 1650672 Ontario Ltd. (Eric Henry) Agent: Jennifer Vida, Upper Canada Consultants Background Zoning By-law amendment for two parcels of land totaling 1.06 ha (2.6 ac) Parcel 1 zoned Open Space (OS); Parcel 2 zoned Light Industrial (LI) Proposed Parcel 1 be rezoned Residential Low Density, Grouped Multiple Dwellings (R4) with site specific provisions to permit 24 units; Proposed Parcel 2 rezoned to permit 4 on-street units, also with site specific provisions. Official Plan Lands within a Residential designation are permitted to be developed with a variety of housing types, including block and on-street townhouses. Special Policy Area No. 56 permits these lands to be developed in advance of a secondary plan for the Thundering Waters Area. Complies with OP as follows: • Proposed townhouses will have an overall density of 26 units and 66 persons/ha and will assist in meeting densities; • Will be compatible with surrounding residential development; and, • No impacts on environmental lands as they are separated by Oldfield Road. Zoning By-law Parcel 1 is currently zoned Open Space, reflecting the original plan that it was going to be used for a stormwater management pond. Requested R4 zoning will permit block townhouse dwellings with the following departures from standard R4 regulations: Parcel 2 is currently zoned Light Industrial (LI), permitting a variety of industrial uses. The LI zone was acceptable when Parcel 1 was to be used for stormwater management pond. Now that Parcel 1 is to be developed as residential, the applicant is obligated to change the zoning of Parcel 2 to eliminate the potential of incompatible industrial uses next to residential uses. Requested R3 zone permits on-street townhouses. Conclusion Proposed uses are within the intent of the land's Residential designation and the policies for multiple unit dwellings contained in the Official Plan. Projects will be compatible with surrounding low and medium density residential development and should not adversely impact nearby environmental features; and, 5 Council Minutes September 27, 2016 Requested departures from standard R3 and R4 zones are acceptable and will provide for compact urban development in accordance with the direction provided by Provincial policies. Recommendation Council approve the Zoning By-law amendment application to zone the easterly parcel of the land a site specific Residential Low Density, Grouped Multiple Dwellings (R4) to permit the proposed block townhouse project and to zone the westerly parcel of the lands to a site specific Residential Mixed (R3) to permit the proposed on-street townhouse project, subject to the regulations outlined in the staff report. Jennifer Vida, Upper Canada Consultants, representing the applicant, was in support of the staff report and recommendations and was available for any questions of Council. The Public Meeting was Closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the report be approved as recommended. Carried Unanimously * * * * * PBD-2016-49 AM-2016-013, City Initiated Zoning Amendment, Farm Produce Outlet. Affecting Zoning By-law Nos. 79-200 (Niagara Falls & Chippawa), 1538 (Crowland) and 395 (Willoughby). Background City is regulated by 3 zoning by-laws for the area north of the Welland River (79-200); former Willoughby Area (#395); and former Crowland Area (#1538). Zoning By-law 79-200, allows : • Seasonal farm produce stand in Agricultural (A) and Rural Zone (R) • Temporary stand for sale of farm produce (DH) Zoning By-law Nos. 395 and 1538 allow: • Truck and Market Gardens in the Rural Agriculture (RA) and Rural (R) zones. The objective of this amendment is to introduce : • Definition of a farm produce outlet and value added product • Add regulations for farm produce outlet • Bringing zoning by-law in conformity with the Official Plan regarding "value added agricultural uses" Planning Analysis Farm produce stands fall under on-farm diversified uses. Regional Policy Plan allows farm produce outlets as value added uses. Farm produce outlets will provide for produce grown on-site as well as from elsewhere in the Region which meets the intent of the Provincial and Regional Policies Official Plan 6 Council Minutes September 27, 2016 Proposed amendment is consistent with and implements the Niagara Falls OP policies as it provides flexibility to farmers to have small scale secondary uses that help support the farm. Zoning By-law The intent of the proposed amendment is to develop regulations that would permit the operation of a small scale outlet that would allow the sale of farm produce and would enhance the sustainability of agriculture in the City. Proposed amendment would provide consistency and clarity regarding the operation of the produce stands. Amendments would: Introduce definitions for the following terms: Farm Produce Outlet means a structure, building or part of a building for the sale of farm produce grown or produced on-site and may include produce grown elsewhere in the Region and the sale of value added products related to such produce. Value Added Product means a product that is produced by changing the physical state or form of the farm produce and enhancing its value. Add Farm Produce Outlet as a permitted use in Agriculture Zone, Rural Zone, and Development Holding zone in By-law 79-200; Rural Agricultural Zone in By-law 1538 and Rural zone in By-law 395. The changes will also allow: • the owner of a farm produce outlet to sell produce grown elsewhere in the Region, subject to the owner producing some produce on-site. • Sale of value-added products related to the produce (jams, pies, etc.) Regulations for Farm Produce Outlets will be added to: • permit in front yard, rear yard and side yard, provided it is not located closer than 3 m. (9.8 ft.) from the front, interior and exterior lot lines; 7.5 m (24.6 ft.) from rear lot line; max. floor area should not exceed 20 sq. m. (215.2 sq. ft.) and max. height not more than 3 m. (9.8 ft.) Conclusion Official Plan promotes protection and continuation of farming operations by providing a range of agriculturally related value added uses that support and strengthen the agriculture industry. Currently, farm produce is permitted to be sold from an on-site outlet, on a seasonal basis, in the Rural, Agricultural and Development Holding zones in By-law 79-200. By-laws 1538 & 395 allow truck and market gardening in Rural-Agriculture and Rural zones, respectively. The proposed amendment will unify the definition allowing the operation of farm produce outlets on a permanent basis, as well as bring the zoning by-laws into conformity with the Official Plan. Tony Lisi, on behalf of his in-laws, who are Mountain Road residents, questioned why Mountain Road permits such fruit and vegetable stands, which he felt were more suitably located at a farmer's market. He felt that there should, at least, be some minimum acreage requirements. Mr. Lisi questioned the legal status of one of the existing fruit stands on Mountain. 7 Council Minutes September 27, 2016 Staff explained that Mountain Road is development holding, which allows such stands, and that the stand is legal, non-conforming. Tina Lisi, on behalf of her parents, said the fruit stand beside her parents did not operate for many years, that no produce is grown on-site, the location is unsafe and a nuisance. Jean Desson, Mountain Road resident and fruit stand owner, indicated that the fruit stand was in existence since the 1970's and has always been on the property. She sells raspberries and vegetables purchased by local farmers. Similarly, the other fruit stand on Mountain has not done any growing on-site for many years. She indicated that she has ample availability for cars to pull over and park on her property. The Public Meeting was Closed. ORDERED on the motion of Councillor Morocco, seconded by Councillor Campbell that the report be approved as recommended. Motion Carried With Councillor Pietrangelo opposed MAYOR'S REPORTS, ANNOUNCEMENTS The Acting Mayor noted the following obituaries: Former Niagara Regional Chair, Brian Merrett, Ron Vittie, father-in-law of Janet Vittie of the City's Information Systems Department, Ed Brinda, retired employee of the Service Centre, and Pete Damore, the Acting Mayor's uncle. The Acting Mayor noted the following recent events: Dedication of Terry Fox Way, Niagara Falls Night of Art, Grand Opening- Leon Fashion at Fallsview Casino, Ontario Baseball Association Tournament first pitch, Terry Fox Run, Mariah Kelly, Olympic Hopeful Fundraising Event, Distress Centre Niagara 11th Annual Suicide Awareness Walk, Habitat for Humanity Home Dedication Ceremony, Princess and Superhero Tea Party for Childhood Cancer Canada Fundraising Event, Canadian Compost Council Conference, Minacs 10 Year Anniversary, Rededication of the Krupp Field Gun at the Niagara Military Museum and the Jim Cuddy Band at the Niagara Concerts Opening Show. The Acting Mayor noted the following upcoming events: Paradisaea Aerial Dance Grand Opening, Niagara Falls Prayer Breakfast, the unveiling of Landscape of Nations, a Six Nations and Native Allies Commemorative Memorial at Queenston Heights Park and the Warren Woods Tree Planting Event hosted by The Park in the City Committee. * * * * * COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Fire Chief - requesting that the week of October 9th to 16th be proclaimed as "Fire Prevention Week". RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the request be approved as recommended. Carried Unanimously 2. Niagara Falls Optimist Club - requesting that the week of October 31st to November 5th be proclaimed as "Youth Appreciation Week". RECOMMENDATION: For the Approval of Council. 8 Council Minutes September 27, 2016 ORDERED on the motion of Councillor Thomson, seconded by Councillor Campbell that the request be approved as recommended. Carried Unanimously 3. District 86 Toastmasters - requesting that the month of October be proclaimed as "Toastmasters Month". RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Craitor, seconded by Councillor Campbell Morocco that the request be approved as recommended. Carried Unanimously 4. Recycling Council of Ontario - requesting that the week of October 17th to 23rd be proclaimed as "Waste Reduction Week". RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the request be approved as recommended. Carried Unanimously 5. World Federation of Mental Health - requesting that October 10th be proclaimed as "World Mental Health". RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Campbell, seconded by Councillor Thomson that the request be approved as recommended. Carried Unanimously 6. Winter Festival of Lights - requesting approval of their annual Fireworks displays, use of City property for various installations and a grant equal to the fees associated with a road and sidewalk closure. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Craitor, seconded by Councillor Thomson that the requests be approved and a grant equal to the related fees be provided. Carried Unanimously 7. Niagara Falls International Marathon - requesting the provision of buses and fee waivers related to road closures. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the requests be approved and a grant equal to the related fees be provided. Carried Unanimously 8. St. Paul High School — requesting the allowance for food trucks on October 28th and relief to business licence requirements. RECOMMENDATION: For the Consideration of Council. 9 Council Minutes September 27, 2016 ORDERED on the motion of Councillor Craitor, seconded by Councillor Strange that the request and related relief be approved. Carried Unanimously 9. Hotel Dieu Shaver — requesting a grant equal to ice rental fees for the 2017 Celebrity Ice Cup Challenge. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Morocco, seconded by Councillor Pietrangelo that the request be approved and a grant equal to the related fees be provided. Carried Unanimously 10. Our Lady of Scapular - requesting a grant equal to ice rental fees for the Syrian Refugee ice hockey game. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that the request be approved and a grant equal to the related fees be provided. Carried Unanimously 11.365 Sports Inc. — correspondence outlining unexpected costs associated with the Urban Slide event. RECOMMENDATION: Receive and File. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the communication be received and filed. Carried Unanimously * * * * RESOLUTIONS No. 28 THOMSON — PIETRANGELO Therefore be it resolved that the Council of the City of Niagara Falls authorizes an application for funding under the Regional Municipality of Niagara's Lakefront Enhancement Strategy for the George Bukator Park enhancements. Carried Unanimously * * * * * RATIFICATION OF "IN CAMERA' MATTERS ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson that the recommendations from the September 27, 2016 meeting be approved, as follows: L-2016-21, Land Acquisition That the City enter into a Memorandum of Understanding concerning the transfer of the lands required for the future Niagara South Hospital and the Mayor & Clerk be directed to execute whatever documents are required to put the Memorandum of Understanding in place. Carried Unanimously 10 Council Minutes September 27, 2016 * * * * * BY-LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the by-laws be given a first reading. Carried Unanimously 2016-94 A by-law to assume a public highway within the City of Niagara Falls. 2016-95 A by-law to amend By-law No. 79-200, to rezone the whole of the Lands Camping Establishment (CE), to add unserviced cabins, a place of entertainment and recreational uses to the list of uses permitted on the Lands and to repeal By-law No. 95-116 (AM-2016-010). 2016-96 A by-law to amend By-law Nos. 79-200 and 2011-04, to permit the use of the Lands for a townhouse dwelling and group dwellings and to repeal By- law No. 2015-011 (AM-2016-011). 2016-97 A by-law to designate Lot 60, Registered Plan M-90, not be subject to part-lot control (PLC-2015-005). 2016-98 A by-law to authorize the execution of an Encroachment Agreement with 1515435 Ontario Limited respecting the encroachment of stairways and eavestroughs from the sidewalk to the building municipally known as 3710 Main street, in the City of Niagara Falls. 2016-99 A by-law to authorize the execution of a Lease Agreement with 4673 Ontario Avenue Ltd. respecting the lease of a portion of the Elgin Block for the Information Systems department. 2016-100 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. 2016-101 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. 2016-102 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) 2016-103 A by-law to amend the by-law to provide for citizen appointments to certain Committees and Boards. 2016-104 A by-law to appoint Councillor Vince Kerrio as Acting Mayor. 2016-105 A by-law to amend By-law No. 79-200, By-law No. 1538, of the former Township of Crowland, now the City of Niagara Falls, and By-law No. 395, of the former Township of Willoughby, now the City of Niagara Falls, to introduce new definitions and regulatory provisions (AM-2016-013). 2016-106 A by-law to authorize the payment of $32,686,031.78 for General Purposes. 2016-107 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 27th day of September, 2016. 11 Council Minutes September 27, 2016 ORDERED on the motion of Councillor Morocco, seconded by Councillor Strange that the by-laws be given a second and third reading. Carried Unanimously * * * * * NEW BUSINESS Arif Merani Pasta Night ORDERED on the motion of Councillor Craitor, seconded by Councillor Strange that the City purchase a table for the event. Carried Unanimously Fairview Cemetery ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Craitor that staff prepare the various surface treatment options for Council's consideration during the 2017 budget deliberations. Carried Unanimously * * * * * OREDERED on the motion of Councillor Morocco, seconded by Councillor Strange that the meeting be adjourned at 7:40 p.m. Carried Unanimously * * * * * T4../a/t/1/4--- L-- ff DEAN IORFIDA, C Y CLERK VINCE KE'1"IO, ACTING MAYOR 12