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05/08/2018Niagara rOct; COUNCIL PRESENT: MINUTES City Council Meeting Tuesday, May 8, 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 4:00 P.M. a) In Camera resolution, May 8, 2018 ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Kim Craitor that Council enter into an In Camera session. Carried Unanimously 2 CALL TO ORDER a) 0 Canada to be sung by Sadie Williams. 3 ADOPTION OF MINUTES a) Council Minutes of April 24, 2018 ORDERED on the motion of Councillor Kim Craitor, Seconded by Councillor Wayne Thomson that the minutes of April 24, 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. a) No Disclosures of Council Page 1 of 19 5 MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences to Marilyn Lehocki, sister of John Lehocki of the City's Transportation Department. Mayor Diodati advised of the following events : Ontario Small Urban Municipalities (OSUM) Conference held in Niagara Falls; National Day of Mourning; First Annual Revel Charity Ball; McHappy Day; Arbour Day 40 trees planted; April was Volunteer Month in Ontario, thank you. The next meeting of Council will take place June 19, 2018. 6 REPORTS a) The Director of Finance provided a powerpoint presentation outlining the Ontario Lottery and Gaming Corporation Contribution Agreement Final Allocation. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio to approve OLG expenditures and that staff can work with the YMCA for scheduling times. Carried Unanimously b) MW-2018-11 Road Resurfacing & Rehabilitation Program - Proposed Construction Update - Dorchester Road The report recommends that Council approves the 2018 Capital budget for the Road Resurfacing & Rehabilitation Program be amended to include additional expenses for Dorchester Road in the amount of $400,000. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that the report be approved as recommended. Carried Unanimously c) TS-2018-10 Mewburn Road - Speed Control Review The report recommends: City Council May 8, 2018 Page 2 of 19 1. That the speed control plan consisting of three (3) speed cushions on Mewburn Road between Mountain Road and Scholfield Road be approved. 2. The construction of the three (3) speed cushions on Mewburn Road be referred to Tab 10 Capital Budget deliberations. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Kim Craitor that the report be approved as recommended. Carried Unanimously d) TS-2018-13 Mount Carmel Boulevard - Speed Control Review The report recommends the following: 1. That the speed control plan consisting of two (2) speed cushions and one (1) raised pedestrian crossover on Mount Carmel Boulevard between Cardinal Drive and Montrose Road be approved and; 2. The construction of the speed cushions and raised pedestrian crossover on Mount Carmel Boulevard be referred to the Tab 10 Capital Budget deliberations. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Kim Craitor that the report be approved as recommended. Carried Unanimously e) F-2018-20 OLG Funding Report - Capital Projects The report recommends the following: That Council amend the 2018 Capital Budget to include the additional projects totaling $2,549,123 identified in this report and use funding from the OLG Municipality Contribution Agreement Reserve. That Council amend the 2018 Capital Budget to approve additional projects utilizing allocation from the Federal Gas Tax Reserve and Public Purpose Land Reserve. City Council May 8, 2018 Page 3 of 19 f) g) That Council approve the transfer of $526,596 to the Future Hospital Reserve Fund. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Kim Craitor that the report be approved as recommended. Carried Unanimously F-2018-15 Year End Performances - Development Charges The report recommends the following: That Council receive and file the attached financial summaries regarding Development Charges for the 2016 fiscal year. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously F-2018-18 2018 Property Tax Rates The report recommends that Council approve the 2018 Property Tax Rates. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Wayne Campbell that the report be approved as recommended. Carried Unanimously h) F-2018-19 Final Tax Notice Due Dates The report recommends that June 29 and September 28 be approved as the 2018 Final Due Dates for the Residential, Pipeline, Farmland and Managed Forest Assessment Classes. ORDERED on the motion of Councillor Joyce Morocco, Seconded by City Council May 8, 2018 Page 4 of 19 Councillor Kim Craitor that the report be approved as recommended. Carried Unanimously F-2018-21 Insurance Renewal The report recommends that Council approve the 2018-2019 Comprehensive Insurance Program from Frank Cowan Co. Ltd. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Vince Kerrio that the report be approved as recommended. Carried Unanimously () CD-2018-04 Elections Sign By-law The report recommends that Council receive this report for information and pass the related by-law respecting the Elections Sign By-law. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Kim Craitor that the report be approved as recommended. Carried Unanimously k) MW-2018-02 Fallsview Boulevard ( Murray St. to Ferry St) Transportation EA Status Report The report recommends the following: 1. That the Recommendations from MW-2018-02 dated February 27th, 2018 be approved; and 2. That the mitigation measures as described herein be incorporated into Alternative 2B.3 and included in the future detailed engineering design. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Carolyn loannoni that the report be approved as recommended. Carried Unanimously City Council May 8, 2018 Page 5 of 19 I) MW-2018-08 Assumption of Warren woods Subdivision Phases 1 & 2 The report recommends that City Council formally assume Warren Woods (Phases 1 & 2) Subdivision. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Carolynn loannoni that the report be approved as recommended. Carried Unanimously m) MW-2018-13 Proposed Cemetery By-law Amendments The report recommends the following: 1. That By -Law 2016-24 be amended to include the proposed addition of Green/Natural Burials, attached to this report, as well as the minor "house -keeping" changes as presented below. 2. That following City Council's approval and prior to implementation, thirty (30) days public notice shall be provided, outlining the changes in the Cemetery By -Law. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Joyce Morocco that the report be approved as recommended. Carried Unanimously n) PBD-2018-28 Matters Arising from Municipal Heritage Committee, 2018 Designated Property Grant Restoration of Shutters on the James Oswald House, 2922 St. Paul Avenue The report recommends that Council approve the alteration and grant to the James Oswald Houseto re-establish shutters on the six French doors on the ground floor of the house as it will further restore the building to its original appearance. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Carolynn loannoni that the report be approved as recommended. City Council May 8, 2018 Page 6 of 19 Carried Unanimously o) PBD-2018-29 Request for Street Name Correction Livingstone to Livingston p) q) The report recommends that Council instruct staff to have the existing street signs on Livingstone Street corrected to Livingston Street to reflect the correct spelling of the name of the person for whom the street was named. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Joyce Morocco that the report be approved as recommended. Carried Unanimously TS-2018-15 Buckley Avenue - Parking Review The report recommends that a "No Parking" and "Loading Zone" be established on the west side of Buckley Avenue between a point 30 metres north of Simcoe Street and a point 45 metres north of Simcoe Street. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Kim Craitor that the report be approved as recommended. Carried Unanimously TS-2018-17 Niagara Region Transit - Service Provider Agreement The report recommends: 1. That the three year agreement, with the Region of Niagara, for the provision of Regional Transit Services, be approved. 2. That the Mayor and Acting City Clerk be authorized to execute the necessary agreement. ORDERED on the motion of Councillor Joyce Morocco, Seconded by Councillor Victor Pietrangelo that the report be approved as recommended. City Council May 8, 2018 Page 7 of 19 Carried Unanimously 7 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK a) Dreams to Beams Humanitarian Fundraiser - Requesting support of the upcoming Fundraiser being held May 16, 2018 at Boston Pizza. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that Council purchase a table of 10 or make a donation equivelant in dollar amount. Carried Unanimously b) Proclamation - National Public Works Week May 20-26, 2018. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Joyce Morocco that the communication be approved. Carried Unanimously c) Proclamation - National Blood Donor Week June 11-17, 2018 RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Kim Craitor, Seconded by Councillor Victor Pietrangelo that the week of June 11-17, 2018 be proclaimed as " National Blood Donor Week" in the City of Niagara Falls. Carved Unanimously d) Pride Niagara - requesting a flag raising for " Pride Week", June 2-9, 2018. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Carolynn loannoni that the communication be approved. City Council May 8, 2018 Page 8 of 19 Carried Unanimously e) Proclamation - That the month of June be proclaimed as " Recreation & Parks Month" in the City of Niagara Falls. f) g) RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Victor Pietrangelo that the month of June be proclaimed as "Recreation & Parks Month" in the City of Niagara Falls. Carried Unanimously Niagara Region Council Correspondence - 2018 Property Tax Policy, Ratios and Rates RECOMMENDATION: For the Information of Council ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Joyce Morocco that the information be received. Carried Unanimously Correspondence from the City of St. Catharines - Safe Drinking Water Training Support Resolution RECOMMENDATION: For the Information of Council ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Wayne Thomson that the communication be approved. Carried Unanimously h) Correspondence from the City of Thorold - Requesting Government of Ontario to Grant Municipalities the Authority regardng Approval of Landfill Projects. RECOMMENDATION: For the Information of Council ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that the communication be received. Carried Unanimously City Council May 8, 2018 Page 9 of 19 J) Correspondence from the City of Thorold - Offering School Property to Municipalities RECOMMENDATION: For the Information of Council ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Wayne Campbell that the communication be received. Motion Carried with Councillor Pietrangelo declaring a conflict Correspondence from the Town of NOTL - Funding or Local Public Libraries. RECOMMENDATION For the Information of Council ORDERED on the motion of Councillor Kim Craitor, Seconded by Councillor Carolynn loannoni that the communication be received. Carried Unanimously k) Niagara Region Liver Centre - Requesting the waiver of licensing fees for their event World Hepatitis Day campaign taking place July 27, 2018. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Joyce Morocco that the communication be approved. Carried Unanimously 1) Stamford Centre Volunteer Fireman's Association - 1st Annual Summer Daze BBQ Classic Competition at Fireman's Park, July 13, 14 & 15th, 2018. The Association is requesting relief to the noise by-law for the event, waiver of any licensing fees and promoting of the event on the City's website. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that Council support the Summer Daze BBQ Classic taking place July 13, 14 and 15, 2018 at Fireman's Park in Niagara Falls by; City Council May 8, 2018 Page 10 of 19 a) offering relief to the City's Noise By-law for planned live entertainment until 11pm each night at the park b) waiving any municipal licensing fees/permits that may be needed c) promoting the event on the City's website. Carried Unanimously m) A.N. Myer Secondary School - Request to permit food trucks on the school property and waive the licensing fees for the 1 day event, May 24, 2018 RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Carolynn loannoni that the communication be approved. Carried Unanimously n) Lundy's Lane BIA - requesting approval of their 2018 budget and approval of changes to their Board of Director's. RECOMMENDATION For the Approval of Council ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the communication be approved. Carried Unanimously o) Mayor's Accessibility Advisory Committee (M.A.A.C.) - request that the week of May 27 to June 2nd, 2018 be proclaimed as 'National Access Awareness Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Victor Pietrangelo that the week of May 27- June 2, 2018 be proclaimed as "National Access Awareness Week" in the City of Niagara Falls. Carried Unanimously 8 RATIFICATION OF IN CAMERA SESSION City Council May 8, 2018 Page 11 of 19 a) In Camera Meeting of May 8, 2018 ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that the following items from In Camera be ratified: L-2018-05 - Prospective Land Purchase, Niagara Training & Employment Agency Inc. Ker Park — Part of 3470 Sinnicks Avenue Our File No. 2018-65 In the event that Council determines that the purchase of Part of Part Township Lot 60 Stamford; in the City of Niagara Falls, in the Regional Municipality of Niagara being Part 1 on the draft Sketch attached and being part of PIN 64270-0088 (LT) is in the best interest of The Corporation of the City of Niagara Falls, that the land be purchased on the terms set out below. That the Mayor and Clerk and City Solicitor, be authorized to take whatever steps and sign whatever documents are required to carry out Recommendation 1 above R&C-2018-09 Assignment of Lease Centre Court Cafe, MacBain Community Centre That the City consent to the Assignment of the Lease of the snack bar at the MacBain Community Centre from 2557417 Ontario Corp., being a corporation controlled by Abir Jaafar and Hassan Ammar to 1939099 Ontario Ltd., controlled by Vince and Catherine Moyer. That the Mayor, City Clerk and City Solicitor be authorized to prepare, review and execute whatever documents are required to complete the assignment described above. Carried Unanimously 9 NEW BUSINESS Councillor Pietrangelo exited Chambers, he did not return to meeting. a) Industrial Properties ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Kim Craitor that staff report back outlining the zoning process for on Industrial properties. City Council May 8, 2018 Page 12 of 19 Carried Unanimously b) Signs ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Mike Strange That Staff report back with clarification on the current sign -bylaw and how it relates to over -head signs, attached to buildings, that protrude over a sidewalk and if any grand -fathering clause exists, what happens if the property changes ownership. Carried Unanimously 10 PLANNING MATTERS a) Public Meeting AM-2017-023, Zoning By-law Amendment Application 6894 Garner Road P roposal: 7 Unit Townhouse Dwelling Applicant: V Group Holdings Limited ( Sam Vecchi) Background Report: PBD-2018-25 The Director of Planning and Development provided Council with the background on the application. Cindy, expressed concern with noise in area as it is a quiet area. Linda Davi, 8942 Black Forest, expressed concern about parking. S hawn Turner 8911 Black Forest, opposed to the proposal, believes it will impact property value negatively. S imon Xu, 8919 Black Forest, objects to this development, believes it will reduce property value. Rocky Vacca, agent for the applicant , was in favor of the staff report and recommendations and asked for the support of Council. The Public meeting was Closed. ORDERED on the motion of Councillor Wayne Campbell, Seconded by City Council May 8, 2018 Page 13 of 19 Councillor Vince Kerrio that the report be approved as recommended. Carried Unanimously b) Public Meeting AM-2018-007, Zoning By-law Amendment Application Part 3, 59R-7452 Location: Vacant parcel between 5675 and 5717 Church's Lane Owner: Pat DeLuca Background Report: PBD-2018-27 The Director of Planning and Development provided Council with the background on the application. Dan Galotta, 5743 Church's Lane, requesting a reduction in the size of proposal, bungalow rather than a two storey. Emilio Ramando, agent for the applicant, is in support of the staff report and recommendations. The Public meeting was Closed. ORDERED on the motion of Councillor Joyce Morocco, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Joyce Morocco that the report be approved as recommended. CARRIED. Opposed Councillor Carolynn loannoni c) Public Meeting AM-2017-015, Official Plan Amendment Application Proposed Riverfront Community Plan Applicant Jane Pepino, Aird and Berlis Agent: John Henricks, Niagara Planning Group Owner: GR (CAN) Investments Co. Ltd. City Council May 8, 2018 Page 14 of 19 Background Report: PBD-2018-30 The Director of Planning and Development provided Council with the background on the application. Patrick Chow, 6072 Eaglewood Drive, Niagara Falls, is opposed to the proposal. Joyce Sankey, 7015 Garden St, Niagara Falls, belongs to the Niagara Falls Nature Club, is opposed to the developing of wetlands. Jean Grandoni, R R # 1, Niagara Falls, is opposed to the proposal, she expressed concerns with the ecosystem in the area. John Bacher, 134 Church Street, St. Catharines, is opposed to the development and concerned for the provincially significant wetlands. Daniel Nardone, 95 Glendale St. Catharines, stated his opposition for the proposed development and would like to see a peer review done. William Rapley, 14 Crimson Dr. St. David's, is opposed to the proposed development and he expressed concern with the wildlife that would be affected. Owen Bjorgan, 404 Conc 1, NOTL, expressed his opposition to the proposed development. Dianne Munro, 2703 Detenbeck Road, Niagara Falls, is opposed to the development of these lands. Ross Smith, 2698 Pluto Cr, Niagara Falls, is opposed to the proposed development for environmental reason. Paul Quinlin, 6714 Crawford, Niagara Falls, expressed his opposition to the development for environmental reasons. Linda Manson, 4732 Cookman St, Niagara Falls, believes the proposed development is at a premature stage therefore she is opposed. Anastasia Belaslov, 9124 White Oak Avenue, Niagara Falls, is in favour of the proposed development Chnsta Barette, Queen Street, Niagara Falls, is opposed to the City Council May 8, 2018 Page 15 of 19 proposed development, she expressed concerns with what could be destroyed. Ed Smith, 140 Dalhousie, St. Catharines, expressed many concerns over the proposed development, he is strongly opposed. Joe Leoche, is in favour of the proposed development and the impact it will have on the City. Frank DeLuca, 4341 Kilman PI, Niagara Falls, expressed his opposition to the proposed development. Taylor Telford, 106 Church Street, St. Catharines, is opposed to the proposed development and she showed a brief video of the property. Desmond Sequeira, 313-198 Scott, St. Catharines, expressed her concern with the added pollution to the environment. Adrin Willems, 41 St. Peter St., St. Catharines, is opposed to the proposed development and expressed concern with the drinking water in area of development. Clarke Bitter, 4545 Homewood Avenue, Niagara Falls, expressed concern with the significant changes to the official plan, he was not in favour. Martin, (no last name given of St. Catharines) is opposed to the development and concerned with the species living in the area being harmed. Tom Dockstader, 5113 Willmott St. Niagara Falls, addressed the importance of protecting the environment and these significant lands. Karl Dockstader, 5113 Willmott St. Niagara Falls, spoke about the importance of protecting the lands. Miriam Richards, 71 Farr Road, Welland, expressed her opposition to the proposed development. Emily Spanton, 56 Bayview Avenue, St. Catharines, is opposed to the development of these lands. Carla Carlson, 4119 21st St. Vineland Station, is opposed to the development, she expressed concern with the species in the area being City Council May 8, 2018 Page 16 of 19 harmed. Tim Chen, 29 Glenridge Avenue, St. Catharines, was in favour of the proposed development and promoting business in Niagara Falls. Kevin Jacobi, ism favour of the proposed development. Derek Jones, 7775 Jubilee Drive, Niagara Falls spoke against the proposed project, citing flaws in the current plan, MNRF objections, and Environmental hurdles. Jane Pepino, agent for the applicant, provided Council with a thorough presentation on the proposed development and answered questions and concerns of Council and the public. Ms. Pepino was in support of the staff report and recommendations and asked for the support of Council. The Public Meeting was Closed. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Joyce Morocco that the report be approved as recommended. Councillor Campbell NAYE Councillor Pietrangelo Absent Councillor Craitor AYE Councillor Strange AYE Councillor loannoni NAYE Councillor Thomson AYE Councillor Kerrio AYE Mayor Diodati AYE Councillor Morocco AYE CARRIED. 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 Craitor, seconded by Councillor Morocco that the by-laws be given a first and second reading. Carried Unanimously 2018-48 A by-law to regulate the placement of election signs in the City of Niagara Falls. 2018-49 A by-law to set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2018. 2018-50 A by-law with respect to the installation and maintenance of a City Council May 8, 2018 Page 17 of 19 fire safety plan box, security key box and budding access keys. 2018-51 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Speed Limits on Highways — (Part 4 — 80km/h), Speed Limits on Highways — (Part 2 — 60km/h) 2018- 52 A by -Law to Authorize a Service Provider Agreement Relating to Inter -Municipal Transit Services Within the Niagara Region. 2018-53 A by-law to amend By-law No. 79-200, as amended by By-law N o. 98-52, to permit the expansion of the existing Chevrolet car dealership and to repeal By-law No. 98-52 (AM-2018-001). 2018-54 A by-law to amend By-law Nos 79-200 and 95-146, to permit the use of the Lands for single detached dwellings on lots with a minimum lot frontage of 12 metres (AM-2018-003). 2018-55 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. 2018-56 A By-law to make a certain appointment. 2018-57 A by-law to authorize the execution of an Agreement with The Association of Municipalities of Ontario (AMO) in order to participate in O ntario's Main Street Revitalization Initiative. 2018-58 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 8 th day of May, 2018. ORDERED on the motion of Councillor Strange, seconded by Councillor Morocco that the by-laws be given a third reading and passed. Carried U nanimously 11 ADJOURNMENT a) Adjournment ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Wayne Campbell that the meeting be adjourned at 11:50 p.m. Carried Unanimously City Council May 8, 2018 Page 18 of 19 City Council May 8, 2018 AMES DIOD MAYO ,A , BILL MATSON, ACTING CITY CLERK Page 19 of 19