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05/09/2017SIXTH MEETING REGULAR COUNCIL MEETING May 9, 2017 Council met on Tuesday, May 9, 2017 at 4:00 p.m. in a Closed Meeting related to the items noted in the resolution below. All members of Council were present. MOROCCO STRANGE- Therefore be it resolved that on May 9, 2017, 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 properties at the intersection of Montrose Road and Biggar Road as well as City owned lands known as Montrose Business Park, and that Council will consider matters that fall under s. 239(2)(b) personal matters and matters that identify individuals. Council met on Tuesday, May 9, 2017 at 6:10 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Sarah, Steven and Patrick Babin sang the National Anthem. ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Kerrio, seconded by Councillor Morocco that the minutes of the April 25, 2017 meeting be approved. Carried Unanimously Councillor loannoni was absent at the April 25th, 2017 meeting but noted she is opposed to the request on a report back regarding regionalizing Fire Services. DISCLOSURE OF PECUNIARY INTERESTS Councillor Kerrio indicated conflict to report MW-2017-18 & F-2017-19 pertaining to the Niagara Parks Commission and the WFOL. Mayor Diodati indicated a conflict to F-2017-19 pertaining to the Niagara Parks Commission and the WFOL. BUDGET MATTERS F-2017-19 — OLG Funding Report The report recommends the following: That Council amend the 2017 Capital Budget to include the additional projects totaling $4,307,947 identified in this report and use funding from the OLG Municipality Contribution Agreement Reserve. That Council approve the transfer of $382,574 to the Future Hospital Reserve Fund. Council Minutes May 9, 2017 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the report be approved as recommended. with Councillor Kerrio opposed DEPUTATIONS GO Hub Study Presentation Motion Carried Denise Landry, Planner, Niagara Region with support from City Planning staff, updated Council on the Niagara Falls GO Hub and Transit Station Study project. ORDERED on the motion of Councillor Campbell, seconded by Councillor Strange that the presentation be received. Carried Unanimously Heart Niagara Vanessa Raso, Heart Niagara informed Council of their upcoming event June 8th and requested fee waivers related to the event. ORDERED on the motion of Councillor Thomson, seconded by Councillor Campbell that the fees related to the event be waived, that Council purchase 2 tables and that the event be promoted on the City's website. Carried Unanimously Stamford Collegiate Ann Gilmore, principle and Helga Campbell, Board Trustee from Stamford Collegiate informed Council of the upcoming 160th Anniversary event. PLANNING MATTERS Public Meeting PBD-2017-14, 26T-11-2016-004 & AM-2016-023, Grotolia Court, Draft Plan Subdivision and Zoning By-law Amendment Application. 3118 Montrose Road. Owner: Nancy Grotolia. Agent: Peter Colosimo The report recommends the following: 1. That the Grotolia Court, Plan of Subdivision be draft approved subject to the conditions in the attached Appendix A. 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 application to amend the Zoning By-law be approved as detailed in this report. 2 Council Minutes May 9, 2017 5. That the Mayor and City Clerk be authorized to execute the Subdivision Agreement and any required documents to allow for the future registration of the subdivision when all matters are addressed to the satisfaction of the City Solicitor. Peter Colosimo, agent for the applicant, was in support of the staff report and recommendations but asked for consideration of removal of condition 4 c of the report and condition 27. The Public Meeting was Closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the report be approved with the requested condition removal. Carried Unanimously Community Engagement Dale Morton, Manager of Strategic & Corporate Initiatives and Teresa Simmonds, Communications Officer made a presentation to Council outlining the new Community engagement program. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the presentation be received. Carried Unanimously Council's 2015-2018 Strategic Priorities Update Ken Todd, CAO made a presentation updating Council on the Strategic Priorities. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that the presentation be received. Carried Unanimously Parking Concerns — Lamont Avenue, Chippawa ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that staff look into matter and take proper measures to rectify the problem. Carried Unanimously 3 Council Minutes May 9, 2017 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. PBD-2017-13 — AM-03/2004, Zoning By-law Amendment Application, 8215 Heartland Forest Road. Applicant: Heartland Forest Road. Applicant: Heartland Forest Ministries ( Dan Bouwman). Partial Removal of Holding (H) Regulations. The report recommends that Council pass the by-law appearing on tonight's agenda to lift the holding (H) regulation, in part, from the subject lands which are currently zoned RCE(H)-654, in order to permit the construction of a 70 square metre accessory building. Dan Bouwman, thanked Council and staff for the support of Heartland Forest. F-2017-17 — 2017 Property Tax Rates & By-law The report recommends that Council approve the 2017 Property Tax Rates. F-2017-18 — Final Tax Notice Due Dates for Residential, Pipeline Farmland and Managed Forest Assessment Classes The report recommends that June 30 and September 29 be approved as the 2017 Final Due Dates for the Residential, Pipeline, Farmland and Managed Forest Assessment Classes. MW-2017-16 — Tender Award: 2017-331-13 — Corwin Crescent Watermain Replacements The report recommends the following: 1. The contract be awarded to the lowest bidder Nexterra Substructures Inc. at the corrected tendered price of $1,816,444.61, subject to confirmation of funding eligibility from the Clean Water and Wastewater Fund. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. MW-2017-17 — Tender Award: 2017-447-17, 2017 Road Rehabilitation and Sidewalk Replacement The report recommends the following: The contract be awarded to the lowest bidder Brennan Paving Ltd., with authorization to spend up to the approved budgeted amount. That the Mayor and City Clerk be authorized to execute the necessary contract documents. 4 Council Minutes May 9, 2017 MW-2017-18 — 5353 Morningstar Road Access and Road Reconstruction The report recommends that Council direct Staff to prepare a License Agreement with the owner of 5353 Morningstar Road allowance for access purposes. MW-2017-19 — Fields of Honour Restoration and Development of Memorial for the Unknown Soldier. The report recommends That Council receive this report for information. That Council approve the use of cemetery reserves to find the additional City commitment of $16,000 and that the 2017 Capital Budget be amended to reflect the additional scope of work. MW-2017-20 — Riverview Park Redevelopment Project The report recommends the following: That Council approve the Riverview Neighbourhood Park Improvement Master Plan; and That the 2017 Capital Budget be amended to include funding to cover the scope of work developed through the public consultation process PBD-2017-15 — 2 Year Waiting Period For Minor Variance Exemption Request North Side of Oldfield Road, East of Dorchester Road Oldfield Estates Phase 4, Draft Plan of Vacant Land Condominium. Agent: Upper Canada Consultants. Owner: Mountainview Homes Niagara Ltd. The report recommends that subject to subsection 45(1.4) of the Planning Act, 1990 R.S.O., Council consider passing the resolution on tonight's agenda to grant an exemption to the 2-year waiting period for minor variances and thereby allow Mountainview Homes Niagara Ltd. to file an application to the City's Committee of Adjustment for the development of the Oldfield Estates Phase 4, vacant land condominium. PBD-2017-16 — Commercial Building and Facade Improvement Grant Application, Downtown CIP The report recommends that Council approve the Commercial Building and Facade Improvement Grant and Revitalization Grant Application for 4634 Queen Street, subject to the owner satisfying the program requirements. R&C-2017-06- Niagara Falls Lions Pool Liner Project The report recommends the following: The contract be awarded to the sole bidder Acapulco Pools Limited, for the quoted price of $124,950.00 plus hst. That the Mayor and City Clerk be authorized to execute the necessary contract documents. TS-2017-13 — Palmer Avenue- Parking Review The report recommends that the "no parking" zone on the west side of Palmer Avenue between Jepson Street and a point 201 metres south of Jepson Street is removed, except for a 20 metre corner parking restriction south of Jepson Street. 5 Council Minutes May 9, 2017 TS-2017-16 — Dorchester Road at Oldfield Road — Intersection Control Review The report recommends that an all -way stop be installed at the intersection of Dorchester Road at Oldfield Road. TS-2017-18 — St James Avenue and Surrounding Area — Traffic Request The report recommends That Staff continue to work with the District School Board of Niagara to implement the improvements to John Marshall Public School to address congestion on City roads. That Staff engage the local area residents through a public consultation process when the improvements are planned at John Marshall Public School to create a Neighbourhood Traffic Management Plan. That the future re -zoning application for the property located at 3757 St. Peters Avenue be permitted to proceed and not be delayed as a result of the noted existing traffic concerns. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Campbell that the reports on the Consent agenda be approved as recommended. Carried Unanimously TS-2017-14 — Colborne Street — Parking Review The report recommends the following: That a time limit not be established for the parking bay on the north side of Colborne Street. That a parking prohibition be established on the north side of Colborne Street between Portage Road and a point 35 metres west of Portage Road. That a parking prohibition be established on the south side of Colborne Street between Portage Road and a point 59 metres west of Portage Road. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Morocco that the recommendations in the report be approved provided that there is a 2 hour time limit established for the parking bay on the north side of Colborne Street. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati offered condolences to retired Fire Captain Ted Shuttler; and Daniel Joel Clement, brother of Corrie Clement, a transit bus operator. Mayor Diodati made announcements: Live with Kelly & Ryan, June 5th show; Province budget reaffirmed commitment to GO Service to Niagara Falls; Arbour Day; Annual Day of Mourning; Niagara Falls Professional Firefighters Retirement & Awards; YMCA Healthy Kids Reading Event; McHappy Day; Doctor's Day Celebration; Westlane DECA first place in Entrepreneurship promotion project; May 17th at 7:pm town hall meeting save casino jobs effort and rescheduled first park opening from May 6th to May 31st at Solar Park at 4:00 p.m. The next meeting of City Council will be June 13, 2017. 6 Council Minutes May 9, 2017 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. National Public Works Week — Request the week of May 15, 2017 be proclaimed as "National Public Works Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the communication be approved. Carried Unanimously 2. National Congress Italian Canadians, Niagara Peninsula District — Celebrating 7th Annual Italian Heritage Month along with Giovanni Caboto Day would like to request a flag raising on June 12, 2017 at 12pm. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Campbell, seconded by Councillor Craitor that the communication be approved. Carried Unanimously 3. Minister Responsible for Seniors Affairs — Request that the month of June 1-30, 2017 be proclaimed as "Seniors Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Craitor, seconded by Councillor Thomson that the communication be approved. Carried Unanimously 4. Recreation and Parks Month Proclamation — Request that the month of June 2017 be proclaimed as "Recreation and Parks Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Strange, seconded by Councillor Craitor that the communication be approved. Carried Unanimously 5. TAPS Brewing Company — requesting relief to the Noise by-law for various events. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Campbell, seconded by Councillor Pietrangelo that the communication be approved. Carried Unanimously 7 Council Minutes May 9, 2017 CONSIDERATION OF "IN CAMERA" RECOMMENDATIONS ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni to allow Ken Beaman to read an In Camera report. Carried Unanimously BDD-2017-05 -New Niagara South Hospital, Proposed Purchase of Vacant Land, Montrose Road and Biggar Road Intersection The report is recommended for the consideration. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Morocco: That the Mayor and Clerk be authorized to execute an agreement of purchase and sale to secure title to parts 1,2, and 3 Reference Plan 59R-15796 a parcel having an area of approximately 50 acres That the consideration to be given for the entire parcel consist of two components: For 30 of the acres of the Parcel, consideration shall consist of a tax receipt in the amount of $14,250,000.00 (30 acres calculated at $ 475,000.00 an acre.) For the remaining 20 acres, a cash payment calculated at $ 550,000.00 an acre for a total payment of $ 11,000,000.00, Other terms and conditions to be as set out in the offer of Jesefa Grassi as executed by Ms. Grassi on May 2, 2017 and as is attached to this resolution. That the Mayor and Clerk and other staff of the City of Niagara Falls be authorized to execute whatever documents are required to complete the purchase of the subject land. With Councillor loannoni opposed. RESOLUTIONS Motion Carried STRANGE — MOROCCO - THEREFORE BE IT RESOLVED that subject to subsection 45(1.4) of the Planning Act, 1990 R.S.O. Council consents to an exemption to the 2- year waiting period for minor variances and thereby allows Mountainview Homes Niagara Ltd. to file an application to the City's Committee of Adjustment for the development of the Oldfield Estates Phase 4, vacant land condominium that is regulated by By-law No. 2016-112. Carried Unanimously BY-LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Campbell that the by-laws be given a first reading. Motion Carried With Councillor loannoni and Craitor opposed to By-law 2017-56. 2017-50 A by-law to declare part of Dixon Street, Plan 1, Stamford, designated as Parts 1 and 2 on Reference Plan 59R-14101, in the City of Niagara Falls, in the Regional Municipality of Niagara, as surplus. 2017-51 A by-law to permanently close part of a highway. 8 Council Minutes May 9, 2017 2017-52 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 2017-53 A by-law to amend By-law No.89-2000, being a by-law to regulate parking and traffic on City Roads. ( Stop Signs at Intersection, Buttrey St) 2017-54 A by-law to amend By-law No.89-2000, being a by-law to regulate parking and traffic on City Roads. ( Stop Signs at Intersection, Morningstar Rd) 2017-56 A by-law to repeal by-law 2001-268, enacted and passed the 3rd day of December, 2001. 2017-57 A by-law to authorize the execution of an Agreement with Metrolinx respecting a bus services agreement at 4555 Erie Avenue. 2017-58 A by-law to amend By-law No. 2005-198, as amended by By-law No. 2012-42, to remove the holding symbol (H), in part, on the Lands on the south-west corner of Brown Road and Heartland Forest Road, to permit the erection of a 70 square metre accessory structure. (AM-03/2004) 2017-59 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. 2017-60 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 9th day of May, 2017. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Campbell that the by-laws be given a second and third reading. Motion Carried With Councillor loannoni and Craitor opposed to By-law 2017-56. Mayor Diodati left meeting 8:50 p.m. and Councillor Pietrangelo chaired the remainder of the meeting. NEW BUSINESS Ben Harpur ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that Council Mr. Harpur be invited to a future meeting of Council to recognize his accomplishments playing in the NHL. Carried Unanimously Main & Ferry Transit Hub ORDERED on the motion of Councillor Craitor, seconded by Councillor Strange that staff meet with the Main & Ferry BIA and report back with any possible options to relocate the Main & Ferry Transit Hub. Carried Unanimously 9 Council Minutes May 9, 2017 Smoke & Carbon Monoxide Detector Awareness Campaign ORDERED on the motion of Councillor Campbell, seconded by Councilor Kerrio that staff provide a report comparing the City of Niagara Falls Fire Department's enforcement procedures with other communities in the Niagara Region with respect to the position on the concept of compliance vs prosecution when dealing with the smoke & Carbon monoxide detectors. Carried Unanimously BIA Procedures ORDERED on the motion of Councillor Thomson, seconded by Councillor Craitor that staff prepare a report with respect to the function of a BIA and understanding their responsibilities. Carried Unanimously OREDERED on the motion of Councillor Campbell, seconded by Councillor Thomson that the meeting be adjourned at 9:10 p.m. Carried Unanimously BILL MATSON, ACTING CITY CLERK JAMES DIODATI, MAYOR 10