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03/08/2016 FOURTH MEETING REGULAR COUNCIL MEETING March 8, 2016 Council met on Tuesday, March 8th, 2016 at 5:05 p.m. for the purpose of considering Regular Business matters. All members of Council were present. * * * * * Dave Smith, Commissionaire at City Hall, read a poem inspired by his observations of a recent Council meeting. * * * * * ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that the minutes of the February 23rd, 2016 meeting be approved, as amended. Carried Unanimously * * * * * DISCLOSURE OF PECUNIARY INTERESTS No Disclosures. * * * * * PRESENTATIONS/ DEPUTATIONS Trans Pacific Partnership Trade Agreement Bruce Allen, President, Unifor Local 199, addressed Council regarding the Trans Pacific Partnership Trade Agreement and the impact on the local auto industry. He predicted a loss of 20,000 jobs. Also, as with past trade deals, some of the signatory countries do not have the environmental protection and labour laws as Canada. Councillor Kerrio exited Chambers. ORDERED on the motion of Councillor Morocco, seconded by Councillor loannoni that Niagara Falls City Council petition the Federal Minister of Trade indicating the position that the Trans Pacific Partnership, not be ratified, as it presently exists, because of the potential, detrimental impact on the Canadian auto industry. Carried Unanimously Councillor Kerrio returned. 2041 Niagara Growth Strategy Diana Morreale, Manager of Community, Planning & Development Services Department of the Niagara Region made a presentation on the 2041 Niagara Growth Strategy and the goals of the strategy. ORDERED on the motion of Councillor Strange, seconded by Councillor Pietrangelo that Council receive the presentation for information. Carried Unanimously Council Minutes March 8, 2016 Winter Festival of Lights Tina Myers, Program Director, provided Council with an update on the success of the recent Winter Festival of Lights. Michael Harker, Enigma Research, outlined some statistics on the economic impact of the Festival. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that Council receive the presentation for information. Carried Unanimously Wastewater Presentation Geoff Holman, Director of Municipal Works, made a presentation on Waste Water. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that the City of Niagara Falls begin the process of planning for a south-end Pollution Control Plant by having staff explore the advantages/disadvantages such a facility would create both in respect of current challenges, such as basement flooding, and future opportunities, such as south-end growth, and that staff investigate funding opportunities, and that a report be brought to Council for feedback and direction. Carried Unanimously * * * * * 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. MW-2016-08 — Drinking Water System Summary Report and Overview The report is recommended for Council. PBD-2016-10 — PLC-2016-001, Request for Removal of Part Lot Control, Blocks 221, 226, 227 & 228, Plan 59M-416 Warren Woods — Phase 3. Applicant: 1340258 Ontario Inc. (Warren Woods Land Corporation) The report recommends the following: 1. That Council approve the request and pass the by-law included in tonight's agenda to designate Blocks 225 through 228 on Registered Plan 59M-416, as exempt from Part Lot Control for a period of three years; and 2. That the applicant be required to notify the City when the new deeds for the lots have been registered 2 Council Minutes March 8, 2016 TS-2016-05 — Canadian Corps of Commissionaires — Contract Amendment The report recommends the following: 1) That Council approve the amendment to the Corps of Commissionaires Fee for Service contract to allow for adjustment to staffing resources to meet operational needs or requirements; 2) That the Mayor and City Clerk be authorized to execute the necessary agreement. TS-2016-11 Drummond Road between Oldfield Road and Sam lorfida Drive/Lionshead Avenue — Parking and Traffic By-laws The report recommends the following: 1. That a parking prohibition is installed on both sides of Drummond Road between Oldfield Road and a point 100 metres north of Sam lorfida Drive/Lionshead Avenue; and, 2. That the bicycle lanes on both sides of Drummond Road between Oldfield Road and a point 100 metres north of Sam lorfida Drive/Lionshead Avenue be designated by municipal by-law. ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that the reports on the Consent Agenda be approved as recommended. Carried Unanimously PBD-2016-07 — Delegation of Authority for Community Improvement Plan Incentive Grant Programs The report recommends that Council delegate approval authority for Commercial Building and Façade Improvement Grant Program applications within the Downtown and Historic Drummonville Community Improvement Plans and the extensions to such grants and authorization to enter into agreements, to the Director of Planning, Building and Development. ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that Council not delegate approval authority for Community Improvement Plan Incentive Grant Programs. Carried Unanimously NO. 4 IOANNONI MOROCCO THEREFORE BE IT RESOLVED THAT on March 8, 2016, due to an emerging issue, Niagara Falls Council will go into a closed meeting, forthwith, to consider a matter that falls under the subject matter of s. 239(c), a proposed or pending acquisition of land, and s. 239(f), advice that is subject to solicitor- client privilege, related to a property at 7958 Beaverdams Road.. Carried Unanimously Council vacated the Chambers at 6:40 p.m. to go into a Closed Meeting. Council returned to Chambers and the meeting resumed at 7:05 p.m. PLANNING MATTERS 7:00 P.M. Public Meeting: PBD-2016-08 - AM-2015-013, Zoning By-law Amendment Application, 5855 Garner Road Applicant: Garlund Properties Inc. Agents: Peter Tice, Rose McBride LLP and Rick Brady, Brady and Associates 3 Council Minutes March 8, 2016 Proposal: General industrial Zone/ Brewery Background: Garlund Properties Inc. has requested a Zoning By-law amendment for a 3.5 ha (8.8 ac) parcel at 5855 Garner Road to permit an expanded range of industrial uses, including a brewery. Lands currently zoned Transportation-Distribution Industrial (TDI) which permits a limited range of light to heavy industrial uses. Lands requested to be rezoned to General Industrial with site specific regulations to include a brewery. In addition, the applicant is requesting site specific regulations to recognize the existing front yard depth and front yard landscaping. Planning Analysis Official Plan Designated Industrial Intended to be used for wide variety of industrial and employment uses and are expected to contribute to the economic and employment growth. Adjacent uses are to be protected from the effects of incompatible uses and separated from general industrial type zones where possible. Proposed zone change will provide for a wider range of industrial uses, which will help the site contribute to the City's economic targets. Site is separated from nearby residential uses be a berm and noise fence and a considerable distance. Limiting uses will further mitigate potential impacts. Provincial Policies & Zoning By-law Provincial policies require an appropriate mix of employment uses which support a wide range of economic activities. The requested range of industrial uses on the property would be consistent with Provincial policies. Provincial D-6 guidelines recommend separation distances for light, medium and heavy industrial uses from more sensitive residential uses to ensure they are not impacted by noise, odour or dust. • Class 1 industries (light industries) are smaller daytime operations with modest traffic and little or no emissions. • Class 2 industries (medium industries) are larger operations with more traffic, off-hour operations and some emissions. • Class 3 industries (heavy industries) are large scale, around the clock operations with considerable traffic and significant emissions or dust. 4 Council Minutes March 8, 2016 The guidelines establish separation distances between industrial and sensitive uses ranging from 20 m (66 ft.) for Class 1 industry; 70 m (230 ft) for Class 2 industry and 300 m (1,000 ft.) for Class 3 industry. The guidelines allow reduced setbacks if mitigative measures are taken. The Planning Study submitted with the application concludes that the TDI zone and the GI zone are similar in terms of the range of (Class 1 to 3) uses and that the intensity of use would not be increased by the requested zone change. Study acknowledges the nearest dwellings in Fernwood subdivision are located 118 m. away from the subject land, and therefore less than the recommended separation distance for a Class 3 industrial use. However, mitigative measures, including a berm and noise fence, were implemented to buffer the dwellings from the former Redpath facility and railway. Region reviews applications from a Provincial perspective and accepted the findings of the study and does not anticipate increased impacts from the proposed zoning change. There were several uses previously permitted that would have had a greater impact on the surrounding sensitive uses and it is agreed that they should not be permitted. The applicant has requested manufacturing, compounding, processing, packaging and assembling of raw, semi-processed or fully processed materials; and, a brewery be added as permitted uses. Staff is recommending certain GI uses not be included (abrasive plant, fertilizer plant, brick and concrete plant, curing and tanning of hides, rubber factory, silver plating plant, soap manufacturing, stone cutting plant. Staff has no concerns as the current development of the property would generally limit the use to within a building, reducing potential impacts. Staff consider a brewery similar to a Winery, in terms of operation and impacts. A winery is a permitted use in the GI zone. Brewery — an industrial building where beer and ale is brewed, bottled, canned, stored and distributed. Applicant has also requested two site specific adjustments to recognize the front yard depth of 10 m and the front yard landscaping of 10%. Conclusion The amendment can be recommended for the following reasons: • Provincial policies and the City's Official Plan support the establishment of a larger range of economic opportunities provided adequate separation and mitigation between sensitive residential and industrial uses is achieved; • The subject property is located approximately 118 m from the dwellings in the Fernwood subdivision which meets the Province's D-6 guidelines for the types of uses proposed. 5 Council Minutes March 8, 2016 • The Fernwood subdivision is buffered from on-site activity by the berm and noise fence that was required to be erected to address issues associated with the adjacent railway line and former sugar plant. • The current TDI zone allows a range of Class 1 to 3 uses as does the requested GI zone. • The site specific lot provisions recognize the existing front yard depth and landscaping. Recommendation That Council approve the Zoning By-law amendment application to rezone the lands General Industrial (GI) with site specific provisions to permit a brewery and to adjust the front yard depth and front yard landscaping to recognize existing site conditions, subject to site specifically excluding the uses as outlined in the Staff report PBD-2016-09. Peter Tice and Rick Brady were available for questions. 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 MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati extended condolences to Lynn Karner, a city employee on the passing of her husband Tony Karner; and to Franco Piscitelli, a city employee on the passing of his wife, Renni Piscitelli. Mayor Diodati advised of recent events: Provincial government announcement during budget that GO to Niagara will be included, 2nd Annual Meridian Celebrity Ice Cup Hockey Tournament, State of the City Address, Komedy for Kidneys, Niagara Engineering Week, 13th Annual Strike Out Violence Bowling Tournament for Women's Place of South Niagara. Mayor Diodati advised of upcoming events: State of the Southern Tier, Niagara Concerts presents the Leahys and March Break. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Niagara Shrine Club — requesting June 6th — 12th be proclaimed as "Shriners Week" and that Council approve a related flag raising. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Morocco, seconded by Councillor loannoni that the request be approved. Carried Unanimously 6 Council Minutes March 8, 2016 2. Celebrate Old Downtown — requesting that Council provide a grant equal to the costs associated with road closures for the Second Anniversary Cigar Revival Show and the weekly Cruising the Q events. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Campbell that the requests be approved subject to appropriate notice for any cancellations. Carried Unanimously 3. Niagara District Airport Commission — requesting support in petitioning the MTO and Seaway Authority to reconsider the bridge design and technical plans to avoid the proposed new garden City Skyway Bridge from detrimentally affecting the Airport's Runway 06. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Morocco, seconded by Councillor Pietrangelo that the communication be approved. Carried Unanimously * * * * * RATIFICATION OF IN CAMERA MATTERS ORDERED on the motion of Councillor loannoni, seconded by Councillor Craitor that staff be directed to seek an appraisal related to 7958 Beaverdams Road and negotiate with the owner. Carried Unanimously RESOLUTIONS NO. 5 — THOMSON- STRANGE — Further be it resolved that Niagara Falls City Council considers the ninth annual Springlicious as an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. NO. 6 — THOMSON- STRANGE Further be it resolved that Niagara Falls City Council considers the inaugural Niagara Falls Beer Festival as 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 Strange that the by-laws be given a first reading. Carried Unanimously 2016-19 A by-law to designate Blocks 225, 226, 227 & 228, Registered Plan 59M- 416, not to be subject to part-lot control (PLC-2016-001). 2016-20 A by-law to authorize the execution of an Encroachment Agreement with 4790 Victoria Avenue Ltd. Respecting the encroachment of an entrance ramp from the sidewalk to the building municipally known as 4790 Victoria Avenue, in the City of Niagara Falls. 7 Council Minutes March 8, 2016 2016-21 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. 2016-22 A by-law to authorize the execution of an amending agreement between the Corporation of the City of Niagara Falls and the Canadian Corps of Commissionaires (Hamilton Division) related to the provision of Municipal Parking Control and other services. 2016-23 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 8th day of March, 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 Niagara Falls Community Outreach Dinner ORDERED on the motion of Councillor Campbell, seconded by Councillor loannoni that City Council purchase a table at the upcoming fundraising dinner. Carried Unanimously Open Air Burning ORDERED on the motion of Councillor Campbell, seconded by Councillor Kerrio a motion to reconsider Council's motion of the November 24' 2015 supporting the principles of the existing Open Air Burning By-law, prohibiting outdoor recreational fires and directing staff to make amendments to the by-law to explicitly eliminate wood for use in cooking fires. Councillor Campbell AYE Councillor Pietrangelo NAYE Councillor Craitor NAYE Councillor Strange NAYE Councillor loannoni NAYE Councillor Thomson NAYE Councillor Kerrio AYE Mayor Diodati AYE Councillor Morocco NAYE Motion Defeated Rats ORDERED on the motion of Councillor Thomson, seconded by Councillor Craitor that the issue of rats be referred to staff, in consultation with the Public Health Department, and that staff engage in public outreach and education on the issue. Carried Unanimously Derelict Residential Properties in the Tourist Core ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that staff revisit the issue of dealing with derelict properties in the tourist core. Carried Unanimously 8 Council Minutes March 8, 2016 Condolences ORDERED on the motion of Councillor Strange, seconded by Councillor Pietrangelo that a letter of condolence to the Nicholson family and get well wishes for Kelly Pearson. Carried Unanimously * * * * * ORDERED on the motion of Councillor Strange, seconded by Councillor Morocco that the meeting be adjourned at 8:20 p.m. Carried Unanimously * * * * * L------- 6.-) . DEAN IORF A, ITY CLERK JAMES M. DIODATI, MAYOR 9