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06/25/2019Niagara � MINUTES /�-Malls � City Council Meeting ✓ CANADA Tuesday, June 25, 201 Council Chambers 5:00 �M COUNCIL PRESENT: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Vince Kerrio, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson, Councillor Chris Dabrowski, and Councillor Lori Lococo COUNCIL ABSENT: Councillor Carolynn loannoni COUNCIL LATE: 1. IN CAMERA SESSION OF COUNCIL - 4:00 PM 1.1. In -Camera Resolution ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Mike Strange that Council enter into an In -Camera session. Carried Unanimously (Councillor loannoni was absent from the vote) 2. CALL TO ORDER O Canada -Performed by: Jaid Atkinson 3. ADOPTION OF MINUTES 3.1. Council Minutes of June 4, 2019 ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell That the minutes of June 4, 2019 be approved as recommended. Carried Unanimously (Councillor loannoni was absent from the vote). 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 18 a) Councillor Kerrio indicated a pecuniary interest to Report PBD -2019-39 (Boarding House Study). MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences on the passing of Ricky Crabbe, son of Cathy Crabbe in the Mayor and CAO's office. Ricky was a former Chippawa volunteer firefighter. Also extended condolences on the passing of Karen Anne Peoples, niece of Dale Morton of the CAO's office. b) Mayor Diodati welcomed our new City Solicitor, Donna Jaques as she has assumed the role of City Solicitor and Director of Legal Services. Donna has held previous solicitor positions in private practice and with the Municipality of Chatham -Kent as well as the City of Guelph. Most recently, she was General Council for Ontario Transportation Commission. c) Mayor Diodati advised of the upcoming Canada Day Event here in Niagara Falls stating the following points of interest: • Join us on Monday, July 1st for our Niagara Falls tradition: the Canada Day Parade. • Parade begins at 11:OOAM sharp in downtown Niagara Falls. • Other Canada Day activities include: 0 1 K and 5K run/ walk at Oakes Park for St. John Ambulance at 9:OOAM o Citizenship Ceremony at the Niagara Falls Public Library at 9:15AM o Niagara Falls Concert Band performance 10:15-11:OOAM in front of the NF Public Library o After the parade, be sure to make your way to the stage in front of City Hall at 12:30PM for ■ opening ceremonies • live entertainment ■ children's zone ■ artisan market • Canada Day car -show ■ extreme music and sports area ■ food vendors, buskers and more! 6. APPOINTMENTS /PRESENTATIONS 6.1. Humane Society -Top Fundraiser Recognition Mayor Diodati and Council, along with Regional Councillor Peter City Council June 25, 2019 Page 2 of 18 Nicholson recognized 11 year old Piper Hollingsworth for being the top fundraiser for the Humane Society. 6.2. The Ben Harpur Big Game -Ottawa Senators defenseman, Ben Harpur, spoke to Council about his charity Ball Hockey Tournament being held at the Gale Centre on Friday July 19, 2019. Mayor Diodati recognized Ben by presenting him with a thank you gift from the community. 6.3. Niagara Region Presentation -Transportation Services (Presentation added) Frank Tassone, Associate Director, Transportation Engineering and Carolyn Ryall, Director, Transportation Services Division, from the Region, updated Council on the Region's 5 year forecast in order for Council to be aware of the projects they are working on in the current term of Council. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Victor Pietrangelo that Council receive the presentation as information to Council. Carried Unanimously 6.4. Ohnia:kara Aspiring Global Geopark Project Darren Platakis, Acting Chair - Ohnia:kara Aspiring Global Geopark Steering Committee and Phil Davis, Indigenous Culture Liaison, presented to Council an update from the Aspiring Global Geopark Project. RECOMMENDATION: That the matter be referred to staff. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the matter be referred to staff and for Council to receive the presentation for information. Carried Unanimously 6.5. Positive Living Niagara (Presentation added) Jackie Barrett -Greene, Manager of Education, Support and Volunteer Services and Wendy Matthews, Coordinator of Volunteer Services, from Positive Living Niagara gave a brief presentation to Council regarding the "Red Scarf Project," which brings HIV awareness to the community City Council June 25, 2019 Page 3 of 18 through a display of scarves along Queen Street in Niagara Falls. Flag -Raising -Positive Living Niagara -requesting aflag-raising on Thursday, November 28th. RECOMMENDATION: That Council approve the request. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Wayne Campbell that Council approve the request by holding a flag raising ceremony on Thursday, November 28th, 2019 in recognition of Positive Living Niagara and the "Red Scarf Project" which brings HIV awareness to the community. Carried Unanimouslv 6.6. Bickles Hardware &Supply -Deputation and Proclamation Request Dino Fazio and Rick Tisi, Chair of the Main & Ferry BIA, addressed Council to discuss the upcoming Bickles 100th Anniversary event on Saturday, August 24th, 2019 on Main Street (between Ferry and Peer Streets) from 11 AM - 5 PM. Proclamation Request -The proclamation request is to declare August the "Official Month of Bickles Hardware &Supply." Fee Waiver Request - RECOMMENDATION: That Council approve the request. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Vince Kerrio that Council approve the proclamation request declaring August the "Official Month of Bickles Hardware &Supply" and for Council to waive any City fees associated with the event and to congratulate Mr. Bickle and Mr Victor DeCaria on 100th Anniversary. Carried Unanimouslv 6.7. Ontario Waterpower Association (OWA) (Presentation and charter added) Stephanie Landers, Manager of Community Relations and Public Outreach, addressed Council with the intention of Council signing the Ontario Waterpower Champions Charter and to proclaim "Waterpower City Council June 25, 2019 Page 4 of 18 Day" on June 20, 2019. The presentation outlined the Niagara Falls' communities current waterpower (hydroelctric) assets and the long term sustainable (economic, social and environmental) planning opportunities. RECOMMENDATION: That Council approve the request. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski that Council approve the request to proclaim "Waterpower Day" on June 20th and approve signing of the Ontario Waterpower Champions Charter. Carried Unanimously ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that Item 10.4 gets moved up on the agenda. Carried Unanimouslv ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Victor Pietrangelo that Item 12.1 on the agenda gets moved up on the agenda and to move forward the passing of by-law 2019-76. Carried Unanimouslv ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that by-law 2019-76 gets read a first, second and third time and passed. Carried Unanimouslv PLANNING MATTERS 7.1. Public Meeting (Report and presentation added) PBD -2019-39 Final MHBC Boarding House Study Additional memo and letter added. The report recommends the following: 1. That Council approve the final MHBC Boarding House Study. City Council June 25, 2019 Page 5 of 18 2. That the Official Plan Amendment, Zoning By-law Amendments and Licencing By-law be adopted and passed, respectively, at the July Council meeting. Alex Herlovitch, Director of Planning, Building and Development gave an overview of the background report PBD -2019-39. Dana Anderson, from MHBC Planning Urban Design &Landscape Architecture made a presentation to Council regarding report. • Linda Bissell of 6540 Taylor Road, Manager of Continental Inn, spoke in apposition of the report. • Rajinder Singh of 8675 Montrose Road, Motel Owner spoke in favour of the report. • Art Federow of 4079 Marshall Road, spoke in opposition of the report. • Bernard Peters of 8004 Lundy's Lane, Owner of Carriage House Motel; Former Owner of 2560 Mewburn Road and Continental Inn, spoke in opposition of the report. • Brian Clayton of 5756 Ferry Street, spoke in opposition of the report. • Diane Corkum, Executive Director of Project Share spoke with concerns of affordable housing in the Niagara Area. • Tony Parker, Office Administrator of the Victoria Centre BIA spoke in opposition of the report. • David Jovanovich, Project Administrator for the Lundy's Lane BIA spoke in opposition of the report. The Public Meeting was closed. ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Wayne Thomson that the motion to defer PBD -2019-39, Final MHBC Boarding House study. Councillor Campbell requested a recorded vote. DEFEATED. With Councillor Kerrio declaring conflict., Opposed Councillor Jim Diodati, Wayne Campbell, Victor Pietrangelo, Mike Strange, and Chris Dabrowski ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that single room occupancy designation continue to go through azoning by-law application and that Council look at revising the policies in place. City Council June 25, 2019 Page 6 of 18 Councillor Campbell requested a recorded vote. CARRIED. With Councillor Kerrio declarinq conflict., Opposed Councillor Wayne Campbell ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the Cify advertise for any property owners that are interested in making applications for affordable housing components. Wayne Campbell requested a recorded vote. CARRIED. With Councillor Kerrio declarinq conflict. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that staff investigates the use of a community improvement plan (CIP) for affordable housing. Councillor Campbell requested a recorded vote. CARRIED. With Councillor Kerrio declarinq conflict. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Lori Lococo that staff contact the Niagara Region, Provincial Government and Federal Government regarding the announcement of the fifty five billion dollar fund for affordable housing. Furthermore, engage MP's and for staff to come with a report to Council. Carried Unanimously With Councillor Kerrio declarinq conflict. ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Wayne Campbell that Council express its appreciation to staff, the service providers, community partners and agencies for their work to support vulnerable and homeless populations in the community; and that staff continue to engage with Niagara Region Community Services and community partners to provide outreach and support City Council June 25, 2019 Page 7 of 18 services and report quarterly to Council; and that City calls on the provincial government to reverse current and previous funding cuts for affordable housing, homelessness, mental health and addictions programs; and further, that the City of Niagara Falls delegation will express these concerns and requests to provincial ministers at the upcoming AMO conference and work with the government relations team to demonstrate the need for increased funding. Carried Unanimously With Councillor Kerrio declaring conflict. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Chris Dabrowski that staff gather information from the Province to review the Landlord and Tenant Act. Carried Unanimously With Councillors Kerrio Pietrangelo and Campbell declare conflict. 7.2. Public Meeting PBD -2019-43, Amendment to the Lundy's Lane Community Improvement Plan and Improvement Plan Area Boundary Applicant: City of Niagara Falls The report recommends the following: 1. Council approve an amendment to By-law No. 2018-31 to revise the Lundy's Lane Community Improvement Area Boundary and an amendment to the Lundy's Lane Community Improvement Plan to add a new multi -unit residential use as an eligible cost under Section 3.2.3 `Tax Increment -Based Grant'. 2. The amendments be adopted at the July Council meeting. 3. The amendment to the Lundy's Lane Community Improvement Plan be submitted to the Province for review under Section 28(5) of the Planning Act. Alex Herlovitch, Director of Planning, Building and Development gave an overview of the background report PBD -2019-43. The Public meeting was closed. ORDERED on the motion of Councillor Wayne Thomson, Seconded by City Council June 25, 2019 Page8of18 Councillor Chris Dabrowski that the report be approved as recommended. Carried Unanimously With Councillor Pietrangelo absent from the vote 8. REPORTS /PRESENTATIONS 8.1. F-2019-21 Insurance Renewal Report The report recommends that Council approve the 2019-2020 Comprehensive Insurance Program from Frank Cowan Co. Ltd. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that the report be approved as recommended. Carried Unanimously 8.2. HR -2019-03 Ontario Living Wage Network Initiative The report recommends that Council receive the following information on the Ontario Living Wage Network initiative as it pertains to the City of Niagara Falls. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Vince Kerrio that Council receive report for information. Carried Unanimously 8.3. MW -2019-16 2019 Playground Improvement Program Supply and Installation of Playground Equipment City Council June 25, 2019 Page 9 of 18 The report recommends the following: 1. That Council award the supply and installation of playground equipment at Alpine Park, Fern Park, Glengate Park, Meadowvale Park and Theresa Park to the preferred proponent Henderson Recreational Equipment Ltd. for $199,653.67 +HST. 2. That the Mayor and Clerk be authorized to execute the necessary documents. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that the report be approved as recommended. Carried Unanimously 8.4. MW -2019-17 Asset Management Policy The report recommends that Council approve and adopt the attached Asset Management Policy. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that Council approve and adopt the Asset Management Policy. Carried Unanimously 8.5. PBD -2019-38 (Report Added) Overview of Proposed Amendments Bill 108 (More Homes, More Choices Act) The report recommends that Council receive the report for information. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Wayne Thomson that Council receive the report for information and that staff look at comments from other municipalities to formulate our own resolution. City Council June 25, 2019 Page 10 of 18 Carried Unanimously 8.6. PBD -2019-41 (Report Added) Decorative Entrance Features &Walls in New Subdivisions City Policy The report recommends the following: 1. That Council assume responsibility for decorative entrance features in new subdivisions as public assets. 2. That Council establish a policy of requiring new decorative entrances to be located on the road allowance rather than on private property and obtain easements for existing decorative entrances for maintenance purposes. 3. That moving forward, developers be required to provide sufficient securities to replace decorative entrance features in addition to covering the cost to construct them initially. 4. That Council begin the process of seeking easements for existing features and establish a fund for their future maintenance. 5. That Parks Design staff be directed to ensure developers provide entrance features that are high in quality and relatively easy to maintain during the subdivision process. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the report approved as recommended. Carried Unanimously 8.7. R&C-2019-14 Gale Centre Emergency Repair The report recommends that staff be authorized to undertake the removal and replacement of the two Domestic Hot Water Tanks at the Gale Centre. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Mike Strange that the report be approved as recommended. City Council June 25, 2019 Page 11 of 18 Carried Unanimously 9. 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. F-2019-26 Monthly Tax Receivables Report —May The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F-2019-27 2019 Schedule of Fees for Services The report recommends that the Schedule of Fees as presented in the attached schedule, be approved effective July 1, 2019. F-2019-28 Low Income Seniors' Water and Property Tax Rebate The report recommends for the information of Council. HR -2019-04 Cooling Stations during Heat Advisories The report recommends that Council receive the following information regarding the City's "cooling stations" during extreme heat advisories. City Council June 25. 2019 Page 12 of 18 1�=3�b�i1rE:ElC PLC -2019-003, Request for Removal of Part Lot Control Blocks 294, 297 and 299-301 (inclusive) in Plan 59M-463 Warren Woods Phase 5A Plan of Subdivision Applicant: GP Empire Communities (Niagara) Ltd. The report recommends that Council approve the request and pass the by-law included in tonight's agenda to designate Blocks 294, 297 and 299-301 (inclusive), Registered Plan 59M-463, as exempt from Part Lot Control for a period of two years. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that the reports are approved as recommended. Carried Unanimously 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1. Street Re -Naming Request Nemanja Jevremovic and Borislav Zivkovic, members of the Serbian Community, requested Council (via letter attached) to rename Bender Street to Nikola Tesla Way. Two Additional Letters added :Street Naming Request -Bender Hill RECOMMENDATION: That the matter to be referred to Staff. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Lori Lococo that the matter be referred to staff so that they may come back with a report including ideas for the Street -naming and to engage the requester throughout the process. Carried Unanimously 10.2. Niagara Region -Niagara Regional Housing Quarterly Report RECOMMENDATION: That Council receive the report for information. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that Council receive the report for information. City Council June 25, 2019 Page 13 of 18 Carried Unanimously 10.3. Ash Trees in the Town of Fort Erie and Region of Niagara RECOMMENDATION: For the information of Council. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Vince Kerrio that Council receive and file the information. Carried Unanimously 10.4. Issuance of Cannabis Licenses in Residentially Zoned Areas RECOMMENDATION: For the information of Council. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Chris Dabrowski that Council receive and file the correspondence for information. Carried Unanimously 10.5. Noise By-law Exemption -Summer Blues in the Park Requesting Council to make an exemption to the City's Noise By-law asking for it to be changed to 10:30 pm for the Summer Blues in the Park series on Thursday nights (From 2nd Thursday in June until the last Thursday in September, 2019). Tansu Barker, of 6855 Christine Court, a local resident would like to speak to the matter. Reg Holloway, of 6811 Carmella Place also spoke to the matter. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Victor Pietrangelo that the request for a noise by-law exemption be approved as recommended. Carried Unanimously City Council June 25, 2019 Page 14 of 18 ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Lori Lococo that staff meet with members of the SCVFA to come up with mitigation measures of sound and invite neighbours to attend. Carried Unanimously 10.6. Noise By-law Exemption -Request from organizers from Summer Daze BBQ Classic Summer Daze BBQ Classic will be held at Fireman's Park on August 24th & 25th, 2019 and organizers are seeking an exemption from Council to the City's Noise By-law for the playing of live music outdoors until 11 pm each night. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the request for a noise by-law exemption be approved as recommended. Carried Unanimously 10.7. Noise By-law Exemption and Special Occasion Permit Request from Chippawa Volunteer Firefighters Association seeking an exemption from Council to the City's Noise By-law for the playing of live music outdoors during the Annual SPN Slo-Pitch Tournament and Street Dance, which is taking place at the Chippawa Lions Park on Saturday, July 13th, 2019. The request is to ask for an extension to midnight for this event. Also requesting that the City declare the annual event as "municipally significant" in order to assist with obtaining a Special Occasion Permit. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the request for a noise by-law exemption be approved and that the City declare the annual event as "municipally significant" as recommended. Carried Unanimously City Council June 25, 2019 Page 15 of 18 City Council June 25, 2019 10.8. Clifton Hill BIA -Requesting approval of the 2019 budget. RECOMMENDATION: That Council approve the Clifton Hill BIA 2019 Budget. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Victor Pietrangelo that Council approve the Clifton Hill BIA 2019 Budget. Carried Unanimouslv 10.9. Association of International Horticultural Producers (AIPH) Expo 2025 Correspondence sent offering an opportunity for municipalities to participate in the Expo in 2025. RECOMMENDATION: Refer to Staff for a report. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Mike Strange that the matter be referred to Staff for a report. Carried Unanimouslv 10.10. Niagara Region -Report PHD 09-2019 respecting Amendment to Outdoor Second-hand Smoking and Vaping By-law RECOMMENDATION: That the Council of the City of Niagara Falls consents to the passage of By-law No.2019-52 of The Regional Municipality of Niagara, being a by-law to amend By-law 112-2013 - A Regional By-law to Protect Children and Vulnerable Persons from Exposure to Outdoor Second-hand Smoke. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that the report be approved as recommended. Carried Unanimouslv 12. RESOLUTIONS (Resolution No.5 added) Page 16 of 18 12.1. No.4 -Resolution Interim Control by-law (see motion passed under Item 6.7 as it was moved up in the agenda) (AM -2018-019). 12.2. No.5 -Demand for Payment from City of Niagara Falls. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that resolution no.5 -Demand for Payment from City of Niagara Falls be passed. Carried Unanimously 13. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- law listed for Council consideration. 2019- A by-law to fees and charges for various services, licences and 72 - publications for the City of Niagara Falls. 2019- A by-law to amend By-law No. 79-200, to permit the use of the Lands for 73 - detached dwellings (AM -2018-019). 2019- A by-law to amend By-law No. 79-200, as amended by By-law No. 74 - 2003-46, to recognize the existing industrial use on the Lands (AM - 2018 -025). 2019- A by-law to amend By-law No. 79-200, to recognize the existing duplex 75 - on a portion of the Lands and permit a detached dwelling on the balance of the Lands (AM -2019-002). 2019- A by-law to prohibit certain uses of land in the area of the City of 76 - Niagara Falls regulated by Zoning By-law No. 79-200, as amended, Willoughby By-law No. 395/66, as amended, and Crowland By-law No. 1538/1958, as amended. 2019- A by-law to amend By-law No. 89-2000, being a by-law to regulate 77 - parking and traffic on City Roads. (Stop Signs at Intersections, Yield Signs at Intersections, Parking Prohibited) City Council June 25, 2019 Page 17 of 18 City Council June 25, 2019 2019- A by-law to designate Blocks 294, 297 and 299-301 (inclusive), 78 - Registered Plan 59M-463, not be subject to part -lot control (PLC -2019- 003). 2019- A by-law to authorize the execution of an Assignment and Amending 79 - Agreement with Venerino V.P. Panici Architect Inc. and Whiteline Architects Inc., respecting the assignment and amendment of the architectural services agreement for the new fire station project. 2019- A by-law to adopt, ratify and confirm the actions of City Council at its 80 - meeting held on the 25th day of June, 2019. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the by-laws be read a first, second and third time and passed. Carried Unanimouslv (Councillor Campbell was absent from the vote) 14. NEW BUSINESS 15. ADJOURNMENT a) Adjournment ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Mike Strange that the meeting be adjourned at 9:55 PM. Carried Unanimouslv ayor / '!" City Clerk Page 18 of 18