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08/22/2017N1+d�aY+a � MINUTES City Council Meeting �a��S Tuesday, August 22, 2017 Council Chambers 5:00 CANADA pM COUNCIL PRESENT: COUNCIL ABSENT: STAFF PRESENT: MEDIA PRESENT: 1 CALL TO ORDER O Canada to be sung by Charlotte Johnstone. a) O Canada sung by Calogero (Carlo) Rescigno 2 ADOPTION OF MINUTES Council Minutes of July 11th and July 20th, 2017. a) ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Campbell that the minutes of July 11, 2017 and July 20, 2017 be approved as recommended. Carried Unanimously 3 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 Morocco indicated a pecuniary interest to cheque number 406619, made payable to spouse and cheque number 405967 made payable to herself. Councillor Pietrangelo indicated a conflict to a wire transfer 00092-004, made payable to the Niagara Catholic District School Board, his employer. Councillor Kerrio indicated a pecuniary interest to report PBD -2017-29, as he is partners with the applicant on a different business venture. Page Page 1 of 14 City Council August 22, 2017 Councillor Craitor indicated a conflict to 00092-004 made payable to the Niagara Catholic District School Board, where a member is his family is employed and to cheque number 406253 made payable to himself and to by-law 2017-97, made payable to the Niagara District School Board. Mayor Diodati indicated a pecuniary interest to cheque number 405910 made payable to himself. 4 DEPUTATIONS /PRESENTATIONS a) Jason Maves - 2017 Invictus Games On behalf of Council, the Mayor recognized Niagara Falls native, Jason Maves on being invited to compete in the 2017 Invictus Games b) Niagara Music Festival Vittoria Wikston and Todd Brown addressed Council on the upcoming September 2017 Niagara Music Festival. c) Act of Bravery On behalf of Council, the Mayor recognized Cameron Gouck and Keegan Herries for their act of bravery in rescuing a gentleman that was drowning. d) Light of Day Dave Rotella was not able to be in attendance to make the presentation to Council, outlining the Light of Day Canada Foundation for Parkinson Research but a request for financial sponsorship was requested. ORDERED on the motion of Councillor Strange, seconded by Councillor Campbell that a donation be made in the value of a table for the event. Carried Unanimously e) Celebrate Old Downtown Community Corporation Karen Stearne, COD Chair informed Council of a number of street events planned through the 2017 year to promote the downtown core. Mike Kemp provided information on the upcoming Gus Mcker 3 on 3 Basketball tournament in Canada. ORDERED on the motion of Councillor Strange, seconded by Councillor Morocco that Council enter a team info the tournament. Page 2 of 14 City Council August 22, 2017 Carried Unanimouslv f) Disabled Warning Signs Vanessa Coens addressed Council with a special request for a traffic warning sign for Autism awareness. ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the special traffic sign be approved and that staff investigate having traffic fines doubled in the case those signs are not followed. Carried Unanimouslv g) A N Myer 60th Reunion Shane Belford and Helga Campbell, members of the reunion committee informed Council of the upcoming event, September 22, 2017 and Saturday Sept. 23 at Firemans Park from 1- p.m. h) Owen Bjorgan was in the gallery and requested to speak regarding Thundering Waters. ORDERED on the motion of Councillor Craitor, seconded by Councillor loannoni to allow Owen Bjorgan to speak. A recorded vote was requested. Councilor Campbell AYE Councillor Craitor AYE Councillor loannoni AYE Councillor Kerrio NAYS Councillor Morocco NAYS 5 PLANNING MATTERS Councillor Pietrangelo AYE Councillor Thomson AYE MayorDiodati AYE MOTION CARRIED a) Public Meeting: PBD -2017-29 AM -2017-006 Zoning By-IawAmendment Application Part 1,PIan 59R-15586 Southwest Corner of St. Paul Avenue and Mountain Road Applicant: 1784355 Ontario Limited (Chris Hawkswell) Agent: Raimondo +Architects Inc. Page 3 of 14 City Council August 22, 2017 Jean Desson, 6680 Mountain Road, opposed to the proposal, traffic concerns. Cassandra Somerville, resident, expressed concerns with traffic in the area. Emilio Raimondo, agent for the applicant was present and available to answer any questions of Council. The Public meeting was Closed. That Council approve the Zoning By-law amendment application to rezone the land to a site specific Residential Low Density, Grouped Multiple Dwellings R4 zone to allow the construction of a 6 storey, 36 unit apartment building. CARRIED. with Councillor Kerri declaring a conflict b) Public Meeting: PBD -2017-28 - 26T-11-2017-001 Willoughby Gardens Plan of Subdivision West Side of Willoughby Drive Applicant: 2303560 Ontario Inc. (Andy Ferri) Agent: Brent Larocque, Richard Larocque Limited Noelle Larocque, agent for the applicant, asked for Council's consideration on two items, #5 and # 10 on the Conditions for Draft Plan Approval. The Public meeting was Closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the report be approved. Carried Unanimously c) Public Meeting: Official Plan Amendment No. 115 Accessory Dwelling Units ORDERED on the motion of Councillor Thomson, seconded by Councillor that the report be deferred. Page 4 of 14 City Council August 22, 2017 MOTION CARRIED with Councillor loannoni opposed. 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. MW -2017-36 -Tender Award Contract #2017-399-16, St. Patrick Church Drainage Improvements 1. The contract be awarded to the lowest bidder Demar Construction Inc. at the tendered price of $105,639.57, excluding HST. 2. That the total expenditure amount of $93,985.00, including City's share of HST for all project -reaped expenses, be funded from the pre -approved of 2018 Capital Budget. 3. That the Mayor and City Clerk be authorized to sign the contract agreement to construct on private property of the St. Patrick Parish, Niagara Fall, Ontario. 4. That the Mayor and City Clerk be authorized to execute the necessary contract documents. MW -2017-40 -Tender Award Contract #2017-324-13 Whirlpool Road Bridge Rehabilitation The contract be awarded to the lowest bidder Rankin Construction Inc., at the tendered price of $668,177.00 excluding HST. That the Mayor and City Clerk be authorized to execute the necessary contract documents. ORDERED on the motion of Councillor Campbell, seconded by Councillor Pietrangelo that the report be approved as recommended. Carried Unanimously F-2017-29 -Tax Receivables Monthly Report(June) That Council receive the Monthly Tax Receivables report for information purposes. Page 5 of 14 City Council August 22, 2017 That Council approve the municipal accounts totaling $34,117,835.13 for the period June 24, 2017 to July 19, 2017. FS -2017-03 -Wake Up Campaign - Chippawa For the information of Council. F-2017-31 -Municipal Accounts That Council approve the municipal accounts totalling $34,117,835.13 for the period June 24, 2017 to July 19, 2017. L-2017-16 -Agreements Authorizing Two Houses to be on One Lot During Contruction in the Rural Area. That the authority to enter into agreements authorizing the temporary use of land for two houses during the construction of the second house, be delegated to the Director of Planning, Building and Development and the Chief Building Official, or their designates, such that the approval of both the Director of Planning, Building and Development and the Chief Building Official will be required to enter into such agreements. That the City Solicitor be directed to prepare whatever documents are required to implement Recommendation 1. That Staff develop policies and procedures for dealing with any further requests for agreements of this type. MW -2017-37 -Consultant Appointment Corwin Drainage Environmental Assessment Study That the Mayor and Clerk be authorized to sign and execute a Consulting Services Agreement with Aquafor Beech Limited to conduct and complete the Corwin Drainage Environmental Assessment Study for consulting fees totaling $188,630.00. MW -2017-39 - 2017 New Sidewalk Construction The contract be awarded to the lowest bidder Sacco Construction Limited, with authorization to spend up to the approved budgeted amount. That the Mayor and City Clerk be authorized to execute the necessary contract Page 6 of 14 City Council August 22, 2017 documents. MW -2017-41 -Tender Award Riverview Park Improvements That the tender for the Riverview Park Improvements be awarded to Stevensville Lawn Service Inc. in the amount of $876,439.00 (excl. HST). That the Mayor and City Clerk be authorized to execute the necessary contract documents. R&C-2017-10 - Chippawa Arena Lighting and Ceiling Project -Tender Award That the contract be awarded to Black &McDonald Limited, for the quoted price of $148,651.00 +HST plus the optional item of rink spectator lighting for the quoted price of $21,418.00 +HST (Grand total - $170,069.00 +HST). That the Mayor and City Clerk be authorized to execute the necessary contract documents. R&C-2017-11 -Arts &Culture Wall of Fame That Council approve the following 2017 Arts &Culture Wall of Fame Inductees: • Bunnie Brandt -Wilson • Larry Hurst • Adam White PBD -2017-30 -Official Plan Amendment No. 115 Accessory Dwelling Units That Council approve the proposed amendments that will permit as -of -right the establishment of accessory dwelling units within detached and semi-detached dwellings and on street townhouses and to delete the term "family" from Zoning By-law 79-200 PBD -2017-31 -Revitalization Grant Application -DOW-2017-004 Commercial Building &Facade Improvement Grant, 4463 Queen Street, Applicant; Intellectual Inventive Inc. That Council approve the Commercial Building and Fagade Improvement Grant and Revitalization Grant Application for 4463 Queen Street, subject to the owner satisfying the program requirements. That the Revitalization Grant be forwarded to the Niagara Region for Page7of14 City Council August 22, 2017 confirmation of support under the Smart Niagara Incentive Program (SNIP). TS -2017-22 -Booth Street -Parking Review That a No Stopping, 8:00 a.m. to 9:30 a.m. and 2:30 p.m. to 4:00 p.m., Monday to Friday, Excluding Holidays, September 1 to June 30 restriction be established on: 1. the east side of Booth Street between a point 75 metres north of Orchard Grove Parkway and Beaverdams Road; and, 2. the west side of Booth Street between Orchard Grove Parkway and Beaverdams Road. TS -2017-28 - St. Patrick Avenue -Parking Review That the existing No Parking, 8:00 a.m. to 4:00 p.m., Monday to Friday, Excluding Holidays zone on both sides of St. Patrick Avenue between O'Neil Street and Russell Street be changed to a No Stopping, 8:00 a.m. to 10:00 a.m., 2:00 p.m. to 4:00 p.m., Monday to Friday, Excluding Holidays zone. TS -2017-29 -Galaxy Drive at Mercury Avenue -Intersection Control Review That a stop sign is installed facing westbound motorists on Galaxy Drive at Mercury Avenue ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the reports on the Consent agenda be approved as recommended. Carried Unanimously COMMUNICATIONS AND COMMENTS OF THE CITY CLERK a) Canada Day Celebration -Three day Celebration from Jun 30 -July 2. Attached memo included the highlights of this year's celebration. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the communication be approved as recommended. Carried Unanimously b) Downtown BIA - Requesting a one year extension on the payment schedule for 2017/2018. Page 8 of 14 City Council August 22, 2017 ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that the communication be approved as recommended. Carried Unanimouslv c) Prostate Cancer Canada -Request that the month of September 2017 be proclaimed as "Prostate Cancer Awareness Month" in the City of Niagara Falls. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the communication be approved as recommended. Carried Unanimouslv d) Innocence Canada -Request that October 2nd, 2017 be proclaimed as "Wrongful Conviction Day" in the City of Niagara Falls. ORDERED on the motion of Councillor Strange, seconded by Councillor Campbell that the communication be approved as recommended. Carried Unanimouslv e) Canadian Forces Snowbirds -Letter of support sent from Mayor's Office for upcoming performance in Niagara -on -the -lake; September 17 and 21, 2017 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the communication be approved as recommended. Carried Unanimouslv f) Canada Goat Open- requesting a one time waiver of fees for event being held on September 9th ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the communication be approved as recommended. Carried Unanimouslv g) Downtown BIA -Increasing the Compliment of the Board Page9of14 �1 City Council August 22, 2017 ORDERED on the motion of Councillor Morocco, seconded by Councillor loannoni that the communication be approved as recommended. Carried Unanimously h) Dreams to Beams fundraiser -Local not-for-profit organization requesting support of council at their upcoming pasta dinner fundraiser, October 13, 2017 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the communication be approved as recommended. Carried Unanimously Transportation Services -requesting the month of September be proclaimed as "School Crossing Guard Awareness month" in the City of Niagara Falls. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the communication be approved as recommended. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati extended condolences to Barbara Ayre of the Transportation Department on the loss of her father; Heidi Wall, mother-in-law of Lisa Wall and to the family of Suzanne Patrick, a retired employee of the City. Mayor Diodati advised of events: Chippawa Lions Park Improvement Ribbon Cutting; Heater's Heroes; AMO Conference; Signature Celebration : August 26th -150 Fun Fest in the Falls, and the next meeting of Council is September 26th, 2017. 8 RESOLUTIONS a) THOMSON - PIETRANGELO -Therefore be it resolved that Niagara Falls City Council considers the Niagara Falls Oktoberfest, at the Scotiabank Convention Centre, to be an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) `[! Page 10 of 14 City Council August 22, 2017 for the event. Oktoberfest BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- law listed for Council consideration. A by-law to amend By-law No. 80-114, being a by-law to designate private roadways as fire routes along which no parking of vehicles shall be permitted A by-law to amend By-law No. 79-200, to permit the use of the Lands for 10 townhouse dwelling units (AM -2017-002). A by-law to authorize the payment of $34,117,835.13 for General Purposes A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited) A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Standing Prohibited, Parking Prohibited, Limited Parking) A by-law to provide for the adoption of Amendment No.115 to the City of Niagara Falls Official Plan. A by-law to authorize the execution of an Agreement with Niagara Catholic District School Board, respecting the use of E.E. Mitchelson Park, located on Springdale Avenue in the City of Niagara Falls A by-law to amend By-law No. 2015-45, being a by-law to provide for Council member appointments to certain Boards, Commissions and Committees. A by-law to authorize the execution of an Agreement with Niagara College Student Administrative Council Inc. for the provision of Transit Services. A by-law to authorize the execution of an Extension Agreement with Durda Falivena and Franco Falivena respecting a tax obligation. 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 Page 11 of 14 municipal by-laws. A by-law to authorize the execution of a Transfer Payment Agreement with Her Majesty the Queen in right of Ontario as represented by the Minister of Infrastructure, respecting the Clean Water and Wastewater Fund. A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 22nd day of August, 2017. NEW BUSINESS Enforcement Services ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that staff report back to Council on best practices to deal with the ongoing rat problem and bed bugs that exist in areas of the City by collectively working with the Regional Health Department and the City's Enforcement Services. Carried Unanimously Railway Crossings ORDERED on the motion of Councillor Thomson, seconded by Councillor Strange that staff engage our Federal member of Parliament and CN rail crossings in need of repair, in particular at Stanley Avenue, near Whirlpool Road, Kalar Road, and Drummond Road. Carried Unanimously Chippawa Creek ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the matter of " No Wake" signage within Chippawa Creek/Welland River be referred to staff to work with the Niagara Parks Commission and the Niagara Regional Police Marine Unit, for proper placement and enforcement. Carried Unanimouslv Invitation to Ben Harpur ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that Mr. Harpur be invited to a future meeting of Council to recognize his accomplishments playing in the NHL. Carried Unanimouslv City Council August 22, 2017 Page 12 of 14 City Council August 22, 2017 Homesharina Program for Seniors ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that staff bring back a report on the possibility of partnering with the Niagara Region to implement a program of home sharing that other municipalities in Ontario currently have in place whereby seniors who need assistance with someone staying in their homes be matched with someone that is looking for affordable housing. Carried Unanimously Old Casino Parking Lot ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that staff of the Mayor's office draft a letter to the Province, or the owner, regarding the possibility of the City utilizing and/or acquiring the parking lot at the corner of Stanley Avenue and Niagara Veteran's Memorial Highway Highway 420). Carried Unanimouslv 10 ADJOURNMENT a) ORDERED on the motion of Councillor Thomson, seconded by Councillor Strange that the meeting be adjourned at 10:05 p.m. Carried Unanimouslv JAMES DIODATI, MAYOR BI L MATSON, ACTING CITY CLERK Page 13 of 14 The City of Niagara Falls, Ontario Resolution August 22, 2017 Moved by Councillor Thomson Seconded by Councillor Pietrangelo WHEREAS the Scotiabank Convention Centre (S.C.C.) Is hosting Niagara Falls Oktoben`esf, October 13'"and 14'". 2017: and WHEREAS the municipality is the owner of the S.C.C.; and WHEREAS it is in the municipality's best interest that the S,C.C, be regularly occupied with events for the enjoyment of visitors and residents alike; and _. WHEREAS the event is expected to attract between three and five thousand patrons; and WHEREAS due to fact that the event organizer is neither a charity or not-for-profit organization, to obtain a Special Occasion Liquor Licence (SOP) from the Alcohol &Gaming Commission of Ontario (ACCO), the event requires a resolution of Council recognizing it as an event of municipal significance; and THEREFORE BE IT RESOLVED that Niagara Falls City Council considers fhe Niagara Falls Okfoberfest, at the Scotiabank Convention Gentre, to bean event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. AND The Seal of the Corporation be hereto affixed. BILL MATSON ACTING CITY CLERK Carried Unanimously JAMES M. DIODATI MAYOR Page 14 of 14