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01/23/2018NflSa � COUNCIL PRESENT: MINUTES City Council Meeting Tuesday, January 23, 2018 Council Chambers 5:00 PM Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Kim Craitor, Councillor Carolynn loannoni, Councillor Vince Kerrio, Councillor Joyce Morocco, Councillor Victor Pietrangelo, Councillor Mike Strange, and Councillor Wayne Thomson COUNCIL ABSENT: COUNCIL LATE: 1 IN CAMERA SESSION OF COUNCIL 4:30 P.M. a) Property Matter ORDERED on the motion of Councillor Joyce Morocco, Seconded by Councillor Mike Strange that Council enter into an In Camera session. Carried Unanimously 2 CALL TO ORDER a) 0 Canada sung by Charlotte Johnstone. 3 ADOPTION OF MINUTES a) Council Minutes of January 9, 2018 ORDERED on the motion of Councillor Joyce Morocco, Seconded by Councillor Wayne Campbell that the minutes of January 9, 2018 be approved as recorded. Carried Unanimously 4 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. Page 1 of 12 City Council January 23, 2018 a) Councillor Kerrio indicated a conflict to report L-2018-01, he is an adjacent property owner. b) Councillor Pietrangelo indicated a conflict to wire transfers to the Niagara Catholic School Board, his employer. c) Councillor Craitor indicated a conflict to wire transfers to the Niagara Catholic School Board, where a member of his family is employed. d) Councillor loannoni indicated a pecuniary interest to cheque number 411579 made payable to herself. e) Mayor Diodati indicated a pecuniary interest to cheque numbers 410510 and 411538, made payable to himself. 5 MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences to family of Dorothy Morrow, mother of Terri Morrow, a city employee; William Kerr, grandfather of Allyson Keighan, a city employee; and to Gilbert Neufeld a retired Platoon Chief with the Niagara Falls Fire Department. Mayor Diodati announced the Winter Wonderland Charity Ice Wine Gala took place. The next meeting of Council is February 13, 2018. 6 DEPUTATIONS / PRESENTATIONS a) Big Brothers Big Sisters Jon Braithwaite, Executive Director informed Council about the upcoming Tim Horton's Bowl for Kids Sake. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Victor Pietrangelo that City Council enter a team into the upcoming Tim Horton's Bowl for Kids Sake on March 6, 2018. Carried Unanimously b) Emergency Shelter Angela Peebles addressed Council on the idea of Emergency Shelters for the Homeless. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Page 2 of 12 City Council January 23, 2018 Councillor Carolynn loannoni that Debra Nanson be permitted to speak. Carried Unanimously ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Carolynn loannoni that Diane Monroe be permitted to speak. Carried Unanimously ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Vince Kerrio that the City endorse the creation of an overnight shelter for men over 30, and coordinate meetings between the Region and interested church/service groups and mental health/addiction professionals, with the idea of opening one as soon as possible and that this meeting and the need for host centres/volunteers be advertised through the City's website, local newspapers etc. and take place at City Hall with date and time to be announced and that Councillor Campbell offer to chair this committee to bring together organizations that are out there to combat these issues of a similar cause of homelessness and hunger, and for the City to take on the coordination of these groups. Councillor Pietrangelo also noted that he would like some additional promotion of No One Goes Hungry Niagara - next event at Fireman's Park on Family Day at 3:OOpm. To promote this event by having a link to the City's website and Facebook page. Carried Unanimously 7 Reports a) CD-2018-01 - Use of Corporate Resources for Election Purposes That Council approve and adopt the corporate policy dealing with the Use of Corporate Resources for Election Purposes (Policy 400-39) attached as Appendix 1 to this report. ORDERED on the motion of Councillor Joyce Morocco, Seconded by Councillor Kim Craitor that the report be approved as recommended. Carried Unanimously b) F-2018-02 - Monthly Tax Receivables Report - December That Council receive the Monthly Tax Receivables report for information Page 3 of 12 City Council January 23, 2018 purposes ORDERED on the motion of Councillor Kim Craitor, Seconded by Councillor Victor Pietrangelo that the report be approved as recommended. Carried Unanimously c) F-2018-03 - 2018 Interim Tax Levy That Council approve the 2018 Interim Tax Levy calculation and by-law providing for the 2018 Interim Tax Levy. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that the report be approved as recommended. Carried Unanimously d) F-2018-04 - Municipal Accounts That Council approve the municipal accounts totaling $41,174,062.51for the period November 8, 2017 to January 10, 2018. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously e) L-2018-01 - Fallsview Pedestrian Bridge No. 2 1. That the City enter into an Encroachment Agreement permitting the establishment of a pedestrian bridge across Fallsview Avenue. 2. That the Mayor, Acting Clerk and City Solicitor be directed to take whatever actions and sign whatever documents are required to complete the Agreement; and 3. The final form to have term which coincides with the term of any lease of the theatre and to permit a sign to be placed and displayed within the leased air space ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the report be approved as Page 4 of 12 f) g) recommended. City Council January 23, 2018 Carried Unanimously with Councillor Kerno declaring a conflict PBD-2018-01 - DOW-2016-003, Commercial Building and Facade Improvement Grant Approval Amendment Request 4458 Queen Street Applicant: Niagara Radio Group Limited (Andy Ferri) That Council approve the request to amend the approved Commercial Building and Facade Improvement Grant to include the costs of new windows. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously PBD-2018-03 PLC-2017-003, Request for Removal of Part Lot Control Lots 21, 22, 23, 32, 33 and 50 and Blocks 62 and 64, Plan 59M-426 Chippawa West Phase 2 Stage 3 Plan of Subdivision Applicant: 1392927 Ontario Inc. (Lancaster Homes) That Council approve the request and pass the by-law included in tonight's agenda to designate Lots 21, 22, 23, 32, 33 and 50 and Blocks 62 and 64, Registered Plan 59M-426, as exempt from Part Lot Control for a period of two years ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Wayne Campbell that the report be approved as recommended. Carried Unanimously h) PBD-2018-04 AM-2012-009, Zoning By-law Amendment Application 6871 O'Neil Street, Applicant: Greg Davidson Removal of Holding (H) Regulations That Council pass the by-law appearing on tonight's agenda to lift the holding (H) regulation from the subject lands which are currently zoned R3(H)-969, in order to permit the existing budding to be converted into a single detached dwelling. The applicant must obtain a building permit prior to the conversion of the single detached dwelling. Page 5 of 12 J) City Council January 23, 2018 ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that the report be approved as recommended. Carried Unanimously PBD-2018-07 Matters Arising from Municipal Heritage Committee 4761 Zimmerman Avenue, Bampfield Hall 8196 Cummington Square, Chippawa Town Hall That Council approve the proposed alteration to 4761 Zimmerman Avenue, known as Bampfield Hall. The proposed alteration will not alter the reasons for designation That Council approve the proposed alteration to 8196 Cummington Square, known as the Chippawa Town Hall. The proposed alteration will not alter the reasons for designation and will assist in the continued preservation and enhance the community use of the building. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Joyce Morocco that the report be approved as recommended. Carried Unanimously R&C-2018-01 - 2017 Annual Update from the Public Art Advisory Task Force For the information of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that the report be approved as recommended. Carried Unanimously k) R&C-2018-04 - The Niagara Parks Commission and the City Licence Agreement - Willoughby Historical Museum That the City enter into a Licence Agreement with the Niagara Parks Commission ("NPC'), with respect to the use of the interior of the schoolhouse washroom facilities and parking lot located on the NPC lands for the purpose of operating a historical museum known as the Willoughby Historical Museum located at 9935 Niagara River Parkway, Niagara Falls Page 6 of 12 City Council January 23, 2018 That the Mayor and Clerk be authorized to execute said Licence Agreement. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that the report be approved as recommended. Carried Unanimously 8 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Councillor loannoni exited Chambers. a) The National Eating Disorder Information Centre - request that the week of February 1-7, 2018 be proclaimed as " Eating Disorder Awareness Week (EDAW), in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Joyce Morocco, Seconded by Councillor Wayne Campbell that the communication be approved. Carried Unanimously b) Greater Niagara Coral Show - Request for the waiver of a sign permit of $150.00. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that the request to waive the sign permit fee be approved. Carried Unanimously c) The Rotary Club - 20th Annual Trivia Niagara will take place February 21 st, 2018. Tickets are $35.00 each and $280.00 for a table of 8 RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that Council purchase a table. Page 7 of 12 City Council January 23, 2018 Carried Unanimously d) Ontario Good Roads Association - seeking reforms to the Municipal Class Environmental Assessment process RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Victor Pietrangelo that Council support the communication. Carried Unanimously 9 NEW BUSINESS Councillor loannoni returned to Chambers a) Beaver Valley ORDERED on the motion of Councillor Joyce Morocco, Seconded by Councillor Carolynn loannoni that the Beaver Valley Pond Sewer Separation, referred to in Tab 10 of the 2018 Capital Budget, be addressed as soon as possible to eliminate some of the basement flooding b) Mobile Cancer Screening Coach Bus Carried Unanimously ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Joyce Morocco that Clarke Bitter be permitted to speak. Carried Unanimously ORDERED on the motion of Councillor Carolynn loannoni, Seconded by Councillor Kim Craitor that staff contact the Hamilton/Niagara/Haldimand/Brant Regional Cancer Program to find out how we can get the mobile cancer screening bus to Niagara Falls. Carried Unanimously c) City Leased Lands ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange That staff bring back a report showing that any Page 8 of 12 City Council January 23, 2018 land leases that the City has with the idea of putting first right of refusal if we choose to purchase or start the dialogue with the landlord. Carried Unanimously 10 PLANNING MATTERS a) Public Meeting 26T-2017-002 Winzen Niagara Draft Plan of Subdivision 4825 Pettit Avenue Applicant: Winzen Niagara Homes Ltd ( Raymond Zenkovich) Agent: Upper Canada Consulting ( William Heikoop) Background Report: PBD-2018-02 Alex Herlovitch, Director of Planning and Development provided Council with a power point presentation. The Public Meeting was Closed. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Wayne Campbell that the report be approved as recommended. Carried Unanimously b) Public Meeting AM-2017-016, Zoning By-law Amendment Application 5587, 5591, 5609, 5619, 5627 and 5637 McLeod Road Proposal: 8 Storey, 70 Unit Apartment Delling Applicant: 6846360 Canada Limited ( Michael Kemp) Agent: Michael Allen, ACK Architects Inc. Background Report: PBD-2018-05 Alex Herlovitch, Director of Planning and Development provided Council with a power point presentation. Michael Allen, representing the applicant provided Council with an overview of the proposal and asked for the support of Council in this application with the consideration of removing the (H) provision at this Page 9 of 12 City Council January 23, 2018 time. The Public meeting was Closed. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Mike Strange that the report be approved with the removal of the (H) provision. Carved Unanimously c) Public Meeting 26T-11-2017-003 & AM-2017-018 Terravita Draft Plan of Subdivision and Zoning By-law Amendment Application 6486 Mountain Road Applicant: Kenmore Homes (Niagara Falls) Inc. (Jennifer Kaufman) Agent: Upper Canada Consulting (Jennifer Vida) Alex Herlovitch, Director of Planning and Development provided Council with a power point presentation. Carmela Maddalena, 726 Queenston Road, NOTL, expressed concerns regarding privacy. Fran Risi, 2431 Colangelo Drive, expressed concern with loss of privacy and not adequate parking. William Heikoop, representing applicant, provided Council with an overview of the application and asked for the support of Council. The Public Meeting was Closed. that the report be approved fencing and trees be included at the site plan process. Carried Unanimously BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- law listed for Council consideration. ORDERED on the motion of Councillor Pietrangelo, seconded by Page 10 of 12 City Council January 23, 2018 Councillor Thomson that the by-laws be given a first reading. Carried U nanimously 2018-04 - A by-law to authorize the execution of a Licence Agreement with The Niagara Parks Commission, respecting the lands and premises known municipally know as 9935 Niagara River Parkway, Niagara Falls, O ntario, which lands include the schoolhouse located thereon, the washroom facilities situated at the rear of the said schoolhouse, the parking lot and the grounds. 2018-05 - A by-law to designate Lots 21, 22, 23, 32, 33 and 50 and Blocks 62 and 64, Registered Plan 59M-426, not be subject to part -lot control (PLC-2017-003). 2018-06 - A by -Law to Authorize an Extension Agreement Relating to Inter -Municipal Transit Services Within the Niagara Region. 2018-07 - A by-law to establish Reserve Block 72 on Registered Plan 59M-426 as a public highway to be known as and to form part of Tallgrass Avenue. 2018-08 - A by-law to establish Reserve Block 73 on Registered Plan 59M-426 as a public highway to be known as and to form part of Tallgrass Avenue. 2018 -09 - A by-law to provide an interim levy of realty taxes. 2018-10 -. A by-law to amend By-law No. 2012-102 to remove the holding symbol (H) on the Lands on the north side of O'Neil Street, east of Dorchester Road, to permit the existing building to be converted to a dwelling containing up to 3 dwelling units (AM-2012-009). 2018-11 - A by-law to amend By-law No. 79-200, in accordance with an Order issued by the Ontario Municipal Board dated December 29, 2017, to permit the use of the Lands for two semidetached dwellings (AM- 2016-021). 2018-12 - A by-law to hereby authorize the Mayor and Treasurer to execute a Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry") and the City of Niagara Falls (the "Municipality") Related to Funding Provided by the Province of O ntario (the "Province') to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program. Page 11 of 12 City Council January 23, 2018 2018-13 - A by-law to authorize the payment of $41,174,062.51 for General Purposes 2018-14 - A by-law to authorize the execution of a Lease Agreement with Niagara Falls Humane Society, respecting the lease of a portion of land for the purposes of the construction and use of a leash free dog park to be located at, 6025 Chippawa Parkway, Niagara Falls. 2018-15 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 23rd day of January, 2018. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the by-laws be given a second and third reading Carried Unanimously 11 ADJOURNMENT a) Adjournment ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Wayne Thomson that the meeting be adjourned at 8:05 p.m. Carried Unanimously i Le- S DIODAT MAYO Page 12 of 12