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11/22/2016 FIFTEENTH MEETING REGULAR COUNCIL MEETING November 22, 2016 Council met on Tuesday, November 22, 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 Strange were present. NO. 32 - MOROCCO — CRAITOR -THEREFORE BE IT RESOLVED that on November 22, 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 4343 Morrison Street. Carried Unanimously Following consideration of the item presented, the In Camera Session did not rise and report in open session. Council met on Tuesday, November 22, 2016 at 5:05 p.m. for the purpose of considering Regular Business matters. All members of Council except Councillor Strange were present. * * * * * Julianna Collevecchio sang the National Anthem. * * * * * ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson that the minutes of the October 25, 2016 meeting be approved. Carried Unanimously * * * * * DISCLOSURE OF PECUNIARY INTERESTS Councillor Morocco indicated a pecuniary interest to cheque number 698972, made payable to her spouse. Councillor Pietrangelo indicated a pecuniary interest to a wire transfer made to the Niagara Catholic District School Board, his employer. Councillor Craitor indicated a direct pecuniary interest to cheque number 398692 made payable to himself. Mayor Diodati indicated a direct pecuniary interest to cheque number 399113, made payable to himself * * * * * Council Minutes November 22, 2016 REPORTS MW-2016-46 Lundy's Lane Streetscape Masterplan The report recommends the following: 1 . That the Lundy's Lane Streetscape Master Plan developed by O'Connor Mokrycke Consultants be accepted. 2. That the funding for the Phase 1 improvements be referred to the 2017 Capital budget deliberations for consideration. Marianne Mokrycke, Consultant, outlined the Lundy's Lane Streetscape Masterplan. David Jovanovic, Administrator for the Lundy's Lane BIA outlined the financial commitment that the BIA was prepared to fund up to 10% of the project cost with a total cap of $400,000. Any grants received for the project will offset their contributions. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that the Lundy's Lane Streetscape Master Plan developed by O'Connor Mokrycke Consultants be accepted; and That the funding for the Phase 1 improvements be approved in the 2017 Capital budget; and That the funding contribution proposed by the Lundy's Lane BIA be accepted. Carried Unanimously 2017/2018 Winter Maintenance Presentation The Operations Superintendent, made a presentation to Council outlining the winter maintenance program for the upcoming season. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that the presentation be received for information. Carried Unanimously PRESENTATIONS/ DEPUTATIONS 6:00 P.M. Adam Vitaterna Fund Andrew & Marilena Vitaterna were recognized for their fundraising efforts in memory of their son, over the last ten years and presented with an Award on behalf of City Council. Governor General's Sovereign Award of Volunteerism Lauren Kessler, local resident, was recognized for receiving the Governor General's Sovereign Award of Volunteerism and presented with an award. Community Support Services of Niagara Carrie-Lynne Sones, Coordinator of Volunteers and Services outlined her organization, which assists seniors and those with disabilities, to Council. 2 Council Minutes November 22, 2016 Councillor loannoni exited Chambers. ORDERED on the motion of Councillor Morocco, seconded by Councillor Kerrio that the presentation be received for information. Carried Unanimously Councillor loannoni returned to Chambers MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati announced the following: Canada 150; New Illumination of the Falls December 1st at 6:00 p.m.; Inter municipal Transit Update November 30th 7:00-9:00, MacBain Centre in rooms D&E; Niagara Falls Community Outreach Fundraising Calender. Mayor Diodati advised of prominent events that have taken place: Niagara Falls International; Marathon; Arts & Culture Wall of Fame Induction; City of Niagara Falls Volunteer Recognition Event; Remembrance Day Ceremony; John McCall MacBain Recognition event; Santa Claus Parade and Opening Ceremonies to the Winter Festival of Lights. Mayor Diodati offered condolences to families; Angelo DiCienzo, Transit Driver; Robert Lewis, retired Director of Finance; Ralph Monteleone, father of Sam Monteleone from Forestry Dept; James Thomson, father in law of Matt Spencer, retired City employee; Myrtle, mother of Fay Starostic, retired City employee; Toninia Audibert, mother of firefighter Fred Audibert; Saverio Sirianni retired City employee; Ralph Zimmerman, father of Lydia Water of Business Development; Paula Vaccaro, niece of Carmen Mignelli of the Building Department; Antonietta Thorne, sister of Lydia Picca of the Clerks Department; Earl Sutton a retired firefighter and Shawn Cryderman, cousin of Councillor Morocco. * * * * * PLANNING MATTERS 6:30 P.M. Public Meeting: PBD-2016-58 - AM-2016-015, Official Plan and Zoning By-law Amendment Application, 7000 Montrose Road, Applicant: Look Revolution Inc. Agent: Ken Dakin, RPP, Proposal: Proposed Retirement Home Background Request for an Official Plan and Zoning By-law amendment to permit a 6 storey, 150 unit retirement home. Lands are designated Major Commercial. Official Plan permits excess commercial lands can be developed for medium and high density residential use, to a maximum density of 100 u/ha. Applicant is requesting a Special Policy Area be applied to permit up to 167 u/ha. Lands are zoned Site Specific General Commercial. Rezoning requested to add site specific regulations to permit retirement home with specific lot area; rear yard depth; interior side yard width; building height; landscaped open space and loading area requirements. Planning Analysis Provincial Policy Statement & Regional Policy Plan 3 Council Minutes November 22, 2016 Provincial Policies require 40% of all residential development to occur through intensification within the City's built-up area. Proposed retirement home would assist the City in meeting its intensification targets and would provide additional housing choices for seniors. Official Plan Proposed development complies with the Official Plan as follows: Higher density can be supported as it is typical of contemporary retirement homes given small room sizes; built-form is similar to 100 unit apartment building. Applicant has demonstrated that existing industrial development on Kinsman Court will not impact the proposed retirement home. Noise from QEW and Montrose Rd can be mitigated by building design. Development is located on Montrose Rd. an arterial road and a transit route. Existing and planned infrastructure can accommodate the proposed development. Proposal in keeping with City's design guidelines: the required parking is in the interior and rear yard; rear yard setback equal to building height. Project design will engage Montrose Rd with a pedestrian connection and a landscaped yard. Zoning By-law New site specific General Commercial zoning is requested to be applied to lands to add a retirement home to list of permitted uses. Proposed amendment can be supported as follows: Southerly 6 m. side yard setback is sufficient as it abuts the skate park and Community Centre. Proposed 7.5 front yard setback is consistent with requirement for future residential development on west side of Montrose Rd. Requested Zoning Amendments can be supported • Building height of 25 m. is in line with the apartment building approved on the west side of Montrose Rd. • Proposed building steps down a storey towards the industrial area to the east. • Rear yard setback of 24 m. is twice the typical rear yard setback requirement for an apartment building and provides sufficient setback from industrial uses existing in east side of Kinsmen Court. • Proposed lot coverage is in keeping with City standards. • Reduction in loading area can be supported as retirement homes and apartment buildings do not require two loading areas. A Holding provision to be attached to require a Record of Site Condition before a development takes place. The holding symbol will remain until financial contributions towards the QEW/McLeod Rd interchange improvements are made. 4 Council Minutes November 22, 2016 Conclusion Amendments can be supported for the following reasons: • Retirement home will help intensification targets. • Excess commercial lands to be considered for housing. • Montrose Rd is an arterial road where an apartment building at 100 un/ha would be anticipated. A six storey retirement home with a density of 167 un/ha would be similar building form and scale, given the smaller unit sizes. • Applicant demonstrated compatibility with industrial uses to the east. • Existing and planned infrastructure can support the development. • Retirement home will not generate a significant amount of traffic. • Proposal meets the City's design guidelines of Official Plan. • Requested zoning regulations are appropriate • Amending by-law should include a Holding (H) provision until a Record of Site Condition and financial contributions to the QEW/McLeod Rd interchange improvements have been made. Recommendation That Council approve Official Plan and Zoning By-law amendment application to add a Special Policy Area designation to the lands and to rezone them a site specific General Commercial (GC) zone to permit a 6 storey retirement home with 150 units, subject to a holding (H) provision prohibiting the development until a Record of Site Condition is filed with the Ministry of Environment and the City has been notified that any necessary financial contributions to the QEW/McLeod Road interchange improvements have been made. Ken Dakin, agent for the applicant was in agreement with the staff report and recommendations. He indicated that noise and air studies were completed and that noise from the highway was more noticeable than from any nearby industrial use. Nonetheless, warning clauses would be on title. The Public Meeting was Closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Craitor 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-2016-33 — Municipal Accounts The report recommends that Council approve the municipal accounts totaling $39,309,540.57 for the period October 8, 2016 to November 4, 2016. F-2016-43 — Major Receivables Monthly The report recommends that Council receive the Monthly Tax Receivables report for information purposes. 5 Council Minutes November 22, 2016 F-2016-44 — Treasurer's Write Off The report recommends that the property tax accounts listed in Table I be written off and expensed in 2016 FS-2016-06 — Fire Department— Emergency Purchase of Fire Pumper The report recommends the following: 1. That the Fire Chief, in conjunction with Supply & Services, be authorized to negotiate the purchase of a demo fire pumper, up to a maximum of $500,000 plus applicable taxes; and 2. That the funding for the purchase be allocated from a pre-approval of 2017 Capital Budget. MW-2016-47 — Assumption of Various Subdivisions The report recommends that City Council formally assume Deerfield Estates (Phases 2-7), Deerfield Estates (Phases 8) and Marinelli Estates Subdivisions. MW-2016-49 — Mewburn Road Bridge Revised Cost Sharing Proposal The report recommends the following: 1. That Council accept the new funding commitment from CN Railway Company to reconstruct the Mewburn Road Bridge; and 2. That staff be directed to confirm previous funding commitments from the Town of Niagara-on-the-Lake and the Niagara Region; and further, 3. That staff be directed to proceed with the engineering design and cost estimates to construct a new structure as identified through the Class EA process completed June 2010 TS-2016-10 — Municipal Lot Rationalization The report recommends that the Mayor and Clerk be authorized to execute necessary agreement for the transfer of the lands known as Municipal Parking Lot # 11 to the Library Board. TS-2016-36 — Mundare Cres. & Lamont Avenue Parking Control Review The report recommends: 1. That a "no parking" restriction is established at all times on the east side of Lamont Avenue between Mundare Crescent (North) and Mundare Crescent (South); and, 2. That a "no parking" restriction is established at all times on the west side of Mundare Crescent between Lamont Avenue (North) and Lamont Avenue (South). TS-2016-39 — Ernest Crescent & Pauline Drive Parking Review The report recommends the following: 1. That the "no parking" zone on the south and east sides of Pauline Drive be relocated to the north and west sides of Pauline Drive; and, 2. That the "no parking" zone on the west side of Ernest Crescent be relocated to the east side of Ernest Crescent. 6 Council Minutes November 22, 2016 TS-2016-42 — Transit Capital Projects — Public Transit Infrastructure Fund (PTIF) The report recommends the following: 1. Approve the PTIF application and pre-approve 2017/2018 Transit Capital projects set out in this report, totaling $6,844,886 related to the Federal Public Transit Infrastructure Fund (PTIF) for which 50% funding would apply. 2. Utilize the various funding sources as outlined in this report to provide the City's share of the funding required through PTIF. 3. The Mayor and Clerk be authorized to execute the required agreements. TS-2016-43 — Bus Terminal Lease Agreements The report recommends the following: 1. That the current lease with Coach Canada for the sale of out of town bus tickets within the Bus Terminal be extended for an additional two (2) years. 2. The Mayor and Clerk be authorized to execute the required agreements. ORDERED on the motion of Councillor Thomson, seconded by Councilor Morocco that the reports on the Consent Agenda be approved as recommended. Carried Unanimously CD-2016-02 — 2017 Council Schedule The report recommends that Council approve the proposed 2017 schedule. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Campbell that the report be approved as recommended. Motion Carried With Councillors Craitor, loannoni and Pietrangelo opposed. CD-2016-03 Integrity Commissioner The report recommends that in anticipation of legislative changes, staff be directed to prepare a Code of Conduct for Council members and report back on the hiring of an Integrity Commissioner. ORDERED on the motion of Councillor loannoni, seconded by Councillor Craitor that the report be approved as recommended. Carried Unanimously * * * * * COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Memo from Clerk — memo recommending appointing Rick Volpini to represent the municipality at Court of Revision drainage hearings. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the communication be approved as recommended. Carried Unanimously 7 Council Minutes November 22, 2016 2. FX WORX INC. — requesting approval for annual, New Year's Eve fireworks display at the Skylon tower. RECOMMENDATION: For the Approval of Council, subject to the appropriate insurance requirements. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the request be approved as recommended. Carried Unanimously 3. Niagara Falls Community Health Care Centre — requesting support of their Dental Health Care resolution. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Morocco, seconded by Councillor Campbell that the resolution be approved. Carried Unanimously 4. Ontario Ombudsman — decision on their investigation of the February 10, 2015, Niagara Falls City Council closed meeting. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco to receive and file the communication. Carried Unanimously ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the resolution proposed by Councillor loannoni be deferred until the next regular meeting of Council. Carried Unanimously 5. Victoria Centre B.I.A. — correspondence regarding Commercial Parking Lots. RECOMMENDATION: Refer to Staff. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the communication be referred to staff. Carried Unanimously 6. Downtown BIA — Filling of vacancies on the BIA Board. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that the communication be approved. Carried Unanimously RESOLUTIONS NO. 33 - THOMSON — MOROCCO -THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the 2017 Niagara lcewine Festival as an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. Carried Unanimously 8 Council Minutes November 22, 2016 NO. 34 - PIETRANGELO — THOMSON -THEREFORE BE IT RESOLVED THAT in light of the on-going review of the Municipal Act, the Ministry of Municipal Affairs be petitioned to allow one of the permissive grounds, for the closed meeting exceptions, to be the protection of the municipality's competitive interest or sensitive business information. Carried Unanimously BY-LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that the by-laws be given a first reading. Carried Unanimously 2016-119 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Prohibited Turns, Heavy Vehicle Restriction) 2016-120 A by-law to provide for the exemption from taxation for municipal and school purposes, together with the cancellation of taxes owing for municipal and school purposes, with respect to the lands owned by the Boys and Girls Club of Niagara, municipally known as 8800 McLeod Road, Niagara Falls. 2016-121 A by-law to authorize the execution of a Licence Renewal Agreement — (Recreational) with Her Majesty the Queen in Right of Ontario as represented by The Minister of Infrastructure regarding certain lands located in the City of Niagara Falls, described as Part of Lots 60,112 & 113 Plan 109, Lots 6, 7, & 8 Plan 194, in the Township of Stamford, for public recreational purposes. 2016-122 A by-law to authorize the execution of an Agreement of Purchase and Sale with Her Majesty the Queen in Right of Ontario as represented by The Minister of Infrastructure as Vendor and The Corporation of the City of Niagara Falls as Purchaser, for the purchase of certain lands located in the City of Niagara Falls, described as Part of Township Lots 185 and 199, Stamford Township, being Parts 1, 2, 3, 4, 5, 6 and 7 on Reference Plan 59R-15168, City of Niagara Falls. 2016-123 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. 2016-124 A by -law to authorize the execution of an Agreement with Trentway Wagar Inc. respecting a lease at 4555 Erie Avenue. 2016-125 A by-law to authorize the payment of $39,309,540.57 for General Purposes. 2016-126 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 22nd day of November, 2016. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that the by-laws be given a second and third reading. Carried Unanimously * * * * * 9 Council Minutes November 22, 2016 NEW BUSINESS SCVFA ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the Corporation provide the SCVFA with an appropriate lawn mower. Carried Unanimously South Doq Park ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that staff report back on the status of the south end dog park. Carried Unanimously Waste Water Treatment Plant ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that a link be placed on the City's website of the Information session November 30th, 2016. Carried Unanimously By-law Services ORDERED on the motion of Councillor Craitor, seconded by Councillor Campbell that staff report back on By-law infractions and staffing levels. Carried Unanimously Drones ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that staff report back on the legalities surrounding drones. Carried Unanimously * * * * * OREDERED on the motion of Councillor Campbell, seconded by Councillor Kerrio that the meeting be adjourned at 8:15 p.m. Carried Unanimously * * * * * 911)11/4A&-" Cr DEAN IORFI A, C TY CLERK JAMES DIODATI, MAYOR * * * * * 10