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07/10/2018 (2)COUNCIL PRESENT: MINUTES City Council Meeting Tuesday, July 10, 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 ORDERED on the motion of Councillor Carolynn loannoni, Seconded by Councillor Wayne Campbell that the Council enter into an In Camera session. Carried Unanimously 2 CALL TO ORDER a) 2018-70 A by-law to appoint Councillor Vince Kerrio as Acting Mayor. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Victor Pietrangelo that the by-law be given a first reading. Carried Unanimously ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Victor Pietrangelo that the by-laws be give a second and third reading and passed. Carried Unanimously 3 ADOPTION OF MINUTES a) Council Minutes of June 8, 2018. City Council July 10, 2018 ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Kim Craitor that the minutes of June 19, 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) Councillor Strange indicated a pecuniary interest to cheque number 416290 and to communication item 11.10 Heaters Heroes. b) Councillor Pietrangelo indicated a conflict to wire transfer 00160-0004 made out to the Niagara Catholic District School Board his employer. c) Councillor loannoni indicated a pecuniary interest to 416628, made payable to herself. d) Councillor Campbell indicated a pecuniary interest to cheque number 416133 made payable to himself and cheque 416353 made payable to his wife. e) Councillor Craitor indicated a pecuniary interest to cheque number 416155 made payable to himself. 5 MAYOR'S REPORTS, ANNOUNCEMENTS a) Acting Mayor Vince Kerrio offered condolences to the famiy of Karen Wilvers-Courtney mother-in-law of Jeff Anderson a City employee; Brenda Fisher Hyde the daughter of former City Councillor Shirley Fisher; Ken Boutilier retired Platoon Chief and uncle of Fire Chief Boutilier; Sheila Detenbeck, mother of Tom Detenceck of Fire Services; Angelo Amato father in law of Rob Vachon a City employee; Reverend Duncan Lyon who gave the address and prayer at the City's Remembrance day services for many years; and to the family of John Holer. Acting Mayor Vince Kerrio announced the following: Toronto Maple Leafs announce training Camp in Niagara Falls September 14-16 2018 at the Gale Centre. Full details and weekend schedule will be released in the coming weeks. City Council July 10, 2018 The next meeting of City Council will be August 14, 2018. 6 DEPUTATIONS / PRESENTATIONS a) Wise Guys Charity Alex DiGenis and Doug Smith informed Council of the Wise Guys Charity Fund and asked for the support of Council in sharing the information with the community. ORDERED on the motion of Councillor Carolynn loannoni, Seconded by Councillor Mike Strange to allow a deputation regarding the Wise Guys Charity. Carried Unanimously b) Adult Business Licencing Delegation Jeanette Goemans, Business Improvement Manager with the Niagara Region, updated Council on the transition of Business Licencing with regards to Adult Entertainment to the Region. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Wayne Thomson that Council delegate their authority to the Niagara Region for the administration, inspection and enforcement of By-law 2002-197, as amended, with respect to adult entertainment establishments and body rub parlours. Carried Unanimously c) CN Train Operations Neil Ahmed, P. Eng., from WSP Canada Group will be providing an update on the CN Train operations project. -AN D- TS-2018-19 - Impacts of CN Train Operations on the City of Niagara Falls - Project Update The report recommend that the report is for the information of City Council. Staff will be providing a complete project update following the next steps identified in the report. City Council July 10, 2018 ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Carolynn loannoni that the report be approved as recommended. Carried Unanimously 7 PLANNING MATTERS a) Public Meeting AM-2017-022, Zoning By-law Amendment Application, Part of Lot 3, Broken Front Concession (Welland River) ,Applicant: Alex and Sheila Charkot, Proposal: Proposed Single Detached Dwelling Background Report PBD-2018-42 The Director of Planning and Development provided Council with background on the application. The report recommends that Council approve the Zoning By-law amendment application to rezone the lands to a site specific Residential Single Family (R1A) zone, in part, and the Environmental Protection Area (EPA) zone, in part, to permit a single detached dwelling, subject to a holding (H) regulation prohibiting the development until a Stage 2 Archaeological Assessment and any subsequent studies as determined by the licenced archaeologist are completed, to the satisfaction of the Region and filed with the Ministry of Tourism, Culture and Sport. Leslie, owns land south of property, expressed environmental concerns. Alex and Sheila Charkot, applicants, were pleased with the staff report and recommendations and asked for the support of Council. The Public meeting was Closed. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the report be approved as recommended. Carried Unanimously b) Public Meeting AM-2018-008, Zoning By-law Amendment Application, 26CD-11-2018- City Council July 10, 2018 004, Plan of Vacant Land Condominium Northwest corner of Kalar Road and Mulberry Drive (Block 88, Plan 59M-388) 26CD-11-2018-005, Plan of Vacant Land Condominium,7787 and 7913 Kalar Road, 26CD-11-2018-006, Plan of Vacant Land Condominium, 8273 Tulip Tree Drive. Applicant Imagine Townhomes GP Inc., Agent: Upper Canada Consulting (Jennifer Vida) Background Report: PBD-2018-43 The Director of Planning and Development provided Council with background on the application. The report recommends the following: 1. That the subject Plans of Vacant Land Condominium be draft approved subject to the conditions in Appendices A, B and C, 2. That the Mayor or designate be authorized to sign the draft plans 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 Mayor and City Clerk be authorized to execute the Condominium Agreements and any required documents to allow for the future registration of the condominiums when all matters are addressed to the satisfaction of the City Solicitor; and 5. That the application to amend the Zoning By-law be approved as detailed in this report David Lepp, 8492 Sweetchestnut Crt., expressed concerns with vacation rentals. The Public Meeting was Closed. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the report be approved as recommended. City Council July 10, 2018 Motion Carried with Councillors Campbell and Craitor opposed c) Public Meeting AM-2018-010, Zoning By-law Amendment Application, Lots 79 & 80, Plan 193 Lands on the North Side of McLeod Road, East of Sharon Avenue. Proposal: 2 1/2 storey 6 Unit Apartment Building Applicant: Tom Vattovaz Agent: Jeannine Yager -Aiello Background Report: PBD-2018-44 The Director of Planning and Development provided Council with background on the application. The report recommends the following: 1. That Council approve the Zoning By-law amendment application to rezone the lands a site specific Residential Apartment 5A Density (R5A) zone to permit a 2 '/ storey, 6 unit apartment building, subject to the regulations outlined in this report; and 2. That Council approve the request to pass a by-law to deem Lots 79 and 80, Plan 193, to not be in a plan of subdivision and that this by-law be placed on Council's agenda at the same time as the amending zoning by-law. Susan Rogers, 7149 McLeod Road, is opposed to the proposal, she believes there will be increased traffic in the area and view of street will be obstructed. Tom Vattovaz, applicant, was in support of the staff report and recommendations. The Public Meeting was Closed. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Mike Strange that the report be approved as recommended; with an amendment to include the residents in the site plan process. Carried Unanimously City Council July 10, 2018 d) Public Meeting AM-2017-012, Zoning By-law Amendment Application, West Side of Victoria Ave, Between 4835 and 4893 Victoria Ave Lots 142-144 and Part Lot 145; New Plan 1002,Applicant. Hatem Swais Background Report: PBD-2018-46 The Director of Planning and Development provided Council with background on the application. The report recommends the following: 1. That Council approve the Zoning By-law amendment application to allow the establishment of a gasoline bar on the vacant lands located on the west side of Victoria Ave between 4835 and 4893 Victoria Ave, with a reduced interior side yard width and subject to the provision of a 4 metre high noise wall along the westerly interior side lot line; and 2. That Council approve the request that the subject lands, Lots 142-144 and Part Lot 145; New Plan 1002, no longer be within the registered plan of subdivision, to permit them to merge in title and become one parcel. A deeming by-law will be included in the next Council agenda. George Radjcic, representing the applicant, was in agreement with the staff report and recommendations and was available to answer any questions. The Public meeting was Closed. ORDERED on the motion of Councillor Kim Craitor, Seconded by Councillor Victor Pietrangelo that the report be approved as recommended. Carried Unanimously e) Public Meeting AM-2018-014, Zoning By-law Amendment Application 8215 Heartland Forest Road Proposal: Rezone Lands in Accordance with Official Plan Policies City Council July 10, 2018 Applicant: City of Niagara Falls on behalf of Heartland Forest Nature Experiences Background Report: PBD-2018-47 The Director of Planning and Development provided Council with background on the application. The report recommends the following: 1. That Council approve the Zoning By-law amendment application to zone the lands site specific Resort Commercial Establishment (RCE (H)-654), in part, and Environmental Protection Area (EPA- 655), in part, subject to the regulations outlined in this report; 2. That Council pass the related amending by-law included on tonight's Council Agenda; and 3. That Council direct staff to initiate changes to Schedule A — Land Use of the Official Plan to adjust the Resort Commercial Establishment and Environmental Protection Area designations, as they pertain to the lands, in accordance with the amending zoning by-law Tom Richardson, agent for the applicant, is in support of the staff report and recommendations. The Public meeting was Closed. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously 8 INTEGRITY COMMISSIONER REPORTS a) Report to Council on a Resolution made Concerning a Prior Integrity Commissioner Report to Council ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the report be received and filed. Motion Carried with Councillor 'Gannon' declaring a conflict. City Council July 10, 2018 b) Report to Council on a Resolution Made Complaint Alleging a Violation of the Code of Conduct for Members of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that the report be received and filed. Carried Unanimously 9 REPORTS a) F-2018-28 - Municipal Accounts The report recommends that Council approve the municipal accounts totaling $8,240,905.01 for the period June 1, 2018 to June 27, 2018. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously b) F-2018-27 - Niagara Regional Housing Property Tax Exemption The report recommends the following: That the Niagara Region be advised that the City of Niagara Falls supports the following option (Scenario 4): Not exempting NRH properties from taxation, but instead increasing the NRH and Region's levy by an amount equal to the tax rate increase under scenario 3 resulting in an additional $2,024,041 in additional funding for NRH and an increase in the Region's tax rate of 0.63%, not affecting the local municipal tax rates at all. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously c) PBD-2018-39 - Matters Arising from Municipal Heritage Committee, 2018 Designated Property Grant Doran/Marshall/Burke House 4851 River Road, Carriage Doors on Coach House City Council July 10, 2018 The report recommends that Council approve the replacement of the carriage doors at 4851 River Road as it will assist in the overall preservation of the Coach House and a grant of $3,250 and not to exceed $5,000. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Wayne Campbell that the report be approved as recommended. Carried Unanimously d) PBD-2018-40 - PLC-2018-002, Request for Removal of Part Lot Control Lots 15 and 19, Plan 59M-427. Southgate Estates Plan of S ubdivision. Applicant: Zaph Developments (Niagara) Inc. The report recommends that Council approve the request and pass the by-law included in tonight s agenda to designate Lots 15 and 19, Registered Plan 59M-427, as exempt from Part Lot Control for a period of two years. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that the report be approved as recommended. Carried Unanimously e) PBD-2018-45 - Modification to Draft Plan Approval for Terravita S ubdivision, 6486 Mountain Road. Applicant: Kenmore Homes N iagara Falls) Inc. (Jennifer Kaufman) Agent: Upper Canada Consulting ( Jennifer Vida) The report recommends the following: 1. That subject to subsection 45(47) of the Planning Act, 1990 R.S.O., Council consider passing the resolution on tonight's agenda to deem the changes requested by Kenmore Homes (Niagara Falls) Inc. to the Draft Plan for Terravita subdivision minor; 2. That the modified Plan of Terravita Subdivision be draft approved subject to the modified conditions in Appendix A; City Council July 10, 2018 3. That the Mayor or designate be authorized to sign the modified 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; and 4. That a modified draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. that the report be approved as recommended. Carried Unanimously R&C-2018-13 - 2018 Sports Wall of Fame Inductees The report recommends the following: That Council approve the following 2018 Sports Wall of Fame Inductees: Pre 1990 Era: Name Ernest (Ernie) Reinhart & Emil (Sonny) Badovinac Pitch 1991 — Present Erau Name Ron Gallen Gary MacDonald Chris MacKenzie Hockey Laura MacKenzie Hockey St. Michael Catholic High School Sr. Boys Soccer Team, 2008 Soccer Category Sport Builder Slow Category Builder Builder Sport Boxing Rugby Builder Athlete Team ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the report be approved as recommended. City Council July 10, 2018 Carried Unanimously 10 RESOLUTIONS a) AMO Stands with Canada and Ontario on NAFTA ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the resolution be approved. Carried Unanimously b) Modification to the Draft Plan for Terravita Subdivision ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Mike Strange that the resolution be approved. Carried Unanimously 11 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK a) Resident Petition — Holding Elected Officials to a Higher Standard. Regional Council Received and Circulated the attached correspondence and asked that local area municipalities comment. RECOMMENDATION: For the Information of Council ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Victor Pietrangelo that Council receive the information. Carried Unanimously b) Heartland Forest — On October 10th,the Annual Pumpkinfest Celebration is requesting donation of services for shuttle transportation to and from Niagara Square / Heartland Forest RECOMMENDATION: For Council's Consideration ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the communication be approved. Carried Unanimously c) Celebration of Nations — September 7-9, 2018 — Requesting Council consider sponsorship opportunities for a gathering of indigenous arts, culture and tradition. The event is taking place in St. Catharines at the FirstOntario Performing Arts Centre. RECOMMENDATION: For Council's Consideration ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Mike Strange that the communication be received and filed. Carried Unanimously d) Niagara Falls Night of Art - Taking place September 20, 2018 at the Niagara Falls History Museum. Relief is being sought from the City's noise by-law until 11:00 p.m. that evening as well as a request from Council to declare the event one of Municipal Significance to assist with the liquor licence from the AGCO. RECOMMENDATION: For Council's Consideration ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the communication be approved. Carried Unanimously e) Niagara Region - Trade with the United States and Protecting Canadian Jobs - Correspondence from the Region that was asked to be circulated to local area municipalities. f) RECOMMENDATION: For Council's Consideration ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the communication be approved. Carried Unanimously Taps Brewing Co. Inc. - requesting relief of the City's Noise By-law for a Local Band Concert scheduled August 10th, playing until midnight. RECOMMENDATION: For Council's Consideration ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Wayne Campbell that the communication be approved. Carried Unanimously City Council July 10, 2018 g) Stamford Center Volunteer Fireman's Association — requesting that the City create and donate 8 metal signs containing the wording, "No Alcohol Beyond This Point", to be used in Fireman's Park. RECOMMENDATION: For Council's Consideration ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Victor Pietrangelo that the communication be approved. Carried Unanimously h) Lundy's Lane BIA —Additions of Raphael Hermossa and Ewelnia Polujanska to the Board of Directors. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that the communication be approved. Carried Unanimously i) Counterpart Brewing Liquor Licence - request from Mr. Greg Gnys or Counterpart Brewing, 3659 Stanley Avenue, seeking a motion of Council supporting an application to the AGCO to obtain a "By -the -Glass" & "Tied -House" Liquor Sales Licence to sell and serve their beer to patrons on the premises of their brewery D RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that the communication be approved. Carried Unanimously 8th Annual Heaters Heroes Run for Children — requesting that Council grant an extension to the City's Noise By-law until 11:00 p.m. on Saturday August 11, 2018 for their annual event taking place at Oakes Park, and that Council declare the event as being municipally significant so as to assist with the liquor licence through the AGCO. RECOMMENDATION: For the Consideration of Council City Council July 10, 2018 City Council July 10, 2018 ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Victor Pietrangelo that the communication be approved. Motion Carried with Councillor Strange declaring a conflict. k) Hydro Canal — Correspondence from Mr. Greg Baynes regarding the possibility of renaming the Hydro Canal that is owned and operated by O ntario Power Generation Inc. RECOMMENDATION: For the Information of Council ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Mike Strange to received and file the communication. Carried Unanimously I) Letter of Correspondence — from John Bacher regarding the Official P lan Amendment #128, By-law #2018-76 (formerly listed as by-law 2018-75). RECOMMENDATION: For the Information of Council ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Carolynn loannoni that the letters be circulated to the members of Council. Carried Unanimously 12 RATIFICATION OF IN CAMERA MATTERS BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- law listed for Council consideration. O RDERED on the motion of Councillor Thomson, seconded by Councillor Strange that the by-laws be given a first reading. Carried Unanimously 2018-71 A by-law to authorize the execution of an Amendment and Renewal Agreement with the District School Board of Niagara and the N iagara Catholic District School Board, respecting the use of the artificial turf field at Kalar Sports Park. 2018-72 A by-law to authorize the payment of $8,240,905.01 or General City Council July 10, 2018 Purposes. 2018-73 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. 2018-74 - A by-law to amend By-law No. 79-200, to permit the use of the Lands for 37 townhouse dwelling units and recognize the existing semi-detached dwelling (AM-2018-006). 2018-75 A by-law to amend By-law No. 79-200, to bring the zoning of the Lands into conformity with the City's Official Plan and to recognize existing development on the Lands (AM2018-014). 2018-76 A by-law to provide for the adoption of Amendment No. 128 to the City of Niagara Falls Official Plan (OPA #128). 2018-77 A by-law to provide for the adoption of Amendment No. 129 to the City of Niagara Falls Official Plan (AM-2018-006). 2018-78 A by-law to designate Lots 15 and 19, Registered Plan 59M- 427, not be subject to partlot control (PLC-2018-002). 2018-79 A by-law to establish certain lands as a public highway to be known as, and to form part of, Oldfield Road. 2018-80 A by-law to establish Part 3 on Reference Plan 59R16075 as a public highway to be known as, and to form part of Hodgson Avenue. 2018-82 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Standing Prohibited, Parking Meter Zones, Taxi Stands, Loading Zones, Stop Signs at Intersections) 2018-83 A by-law to amend By-law No. 89-2000 being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Standing Prohibited, Parking Prohibited, Parking Meter Zones, Taxi Cab Stands, Loading Zones) 2018-84 A by-law to authorize entering into an agreement for services related to the Live Adult Business Licensing By-law. 2018-85 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 City Council July 10, 2018 provincial or municipal by-laws. 2018-86 A by-law to provide for the levy and collection of sums required by the Main and Ferry Business Improvement Area for the year 2018. 2018-87 A by-law to authorize the execution of an Agreement with Niagara Regional Broadband Network Limited respecting the use of a portion of land for the purposes of storing equipment to be located at, 3200 Stanley Avenue, Niagara Falls. 2018-88 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 10th day of July, 2018. ORDERED on the motion of Councillor Pietrangelo seconded by Councillor Strange that the by-laws be given a second and third reading. Motion Carried with Councillors Campbell, loannoni and Craitor opposed to 2018-76. 13 NEW BUSINESS a) Stanley Ave Commercial Parking Lot ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that any commercial parking lot licence application for 2018, new or existing, be required to submit proper drawings and comply with the City's existing requirements to obtain a licence before operating, but that all lots comply fully with the City's by- law regulating Commercial Parking Lots by May 1, 2019. b) AirBnB Carried Unanimously ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the forthcoming by-law stipulate that B & B establishments in a residential zone be owner occupied. Motion Carried with Councillor Campbell opposed. c) Royal Canadian Legion 396 Chippawa ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Kim Craitor to refer to staff to assist and refer to Sleep Cheap Charities for assistance with the wheelchair lift. City Council July 10, 2018 Carried Unanimously d) Street Light Installation/ Safety Issue ORDERED on the motion of Councillor Kim Craitor, Seconded by Councillor Victor Pietrangelo that City look into cost sharing opportunities to be addressed in an updated street lighting policy. Carried Unanimously e) Lyons Creek & Sodom Road Traffic Concerns ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that staff send a resolution to the Region to look at the intersection and possible solutions for the area. Carried Unanimously 14 ADJOURNMENT a) Adjournment ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the meeting be adjourned at 9:10 p.m. Carried Unanimously City Clerk