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01/27/2015 SECOND MEETING REGULAR COUNCIL MEETING January 27, 2015 Council met on Tuesday, January 28, 2015 at 5:20 for the purpose of considering Regular Business matters. Councillor loannoni offered the Opening Prayer. All members of Council, except Councillor Morocco, were present. * * * * * ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the minutes for the December 9, 2014 meeting and the January 2, 2015 special meeting be approved as printed. Carried Unanimously * * * * * DISCLOSURES OF PECUNIARY INTEREST Councillor Thomson indicated an indirect pecuniary interest with cheque number 380218, made payable to his brother, and a direct pecuniary interest with an In Camera matter related to 6700 Fallsview Blvd. Councillor loannoni indicated a direct pecuniary interest with cheque number 380119, made payable to herself, and an indirect pecuniary interest related to an In Camera matter as it pertains to CUPE. Councillor Kerrio indicated pecuniary interests with In Camera report L-2015-02, related to the sale of a portion of Former Railway Lands and to L-2015-04, related to Steel Rail Entertainment. Councillor Pietrangelo indicated a pecuniary interest with a wire transfer, cheque number 380856 and Communication#4, all related to the Niagara Catholic District School Board, his employer. Mayor Diodati indicated a pecuniary interest with cheque numbers 379644, 380085 and 380321, all made payable to himself. * * * * * 6740 Marshall Road ORDERED on the motion of Councillor Craitor, seconded by Councillor Thomson that the grading plan not be approved until the matter comes to Council on February 10th 2015. Carried Unanimously REPORTS 5:00 P.M. PLANNING MATTERS PBD-2015-07, Medical Marihuana Facilities and Sensitive Uses The report recommends that Staff bring back to a future Public Meeting a definition and regulations governing Medical Marihuana Facilities and Sensitive Uses. - 2 - January 27, 2015 Council Minutes ORDERED on the motion of Councillor Craitor, seconded by Councillor Thomson that Staff hold a public open house to gather input on definitions and regulations governing Medical Marihuana Facilities and Sensitive Uses. Carried Unanimously RECREATION & CULTURE MATTERS R&C-2015-01- Merge of Arts & Culture and Museum Advisory Committees The report recommends the following: 1. That Council approve the merger of the Arts & Culture Committee with the Museums Advisory Board to form the Culture and Museums Advisory Committee. 2. And that Council approve the Terms of Reference for the Culture and Museums Advisory Committee as outlined in the report. Karen Fraser spoke to her involvement in the art community, past attempts to merge the Arts and Culture committee with other advisory committees and her opposition to the current recommendation. ORDERED on motion of Councillor loannoni, seconded by Councillor Craitor that the recommendation report be approved. Councillor Campbell NAYE Councillor Pietrangelo NAYE Councillor Craitor AYE Councillor Strange NAYE Councillor loannoni AYE Councillor Thomson NAYE Councillor Kerrio NAYE Mayor Diodati AYE Councillor Morocco NAYE Motion Defeated ORDERED on the motion of Councillor Campbell, seconded by Councillor Pietrangelo that the Culture Master Plan be brought forward to a future meeting. Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that Councillor Campbell be appointed as the Council representative on the Arts & Culture Committee. Carried Unanimously * * * * * PRESENTATIONS/DEPUTATIONS 6:30 P.M. Ladies Auxiliary of the Chippawa Volunteer Firefighters' Association The Mayor recognized the Ladies Auxiliary of the Chippawa Volunteer Firefighters' Association for their many years of service to the community. The Auxiliary is disbanding. Big Brothers Big Sisters Tim Horton's Bowl for Kid's Sake Jon Braithwaite, Executive Director of Big Brothers Big Sisters, informed Council of their annual fundraising event on February 21st ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Craitor that City Council enter a team into the tournament. Carried Unanimously National Boxing Champion The Mayor and Council recognized local resident, Lucas Bandi, who won the National Championship in Boxing in the Lightweight division and presented him with an award. * * * * * - 3 - January 27, 2015 Council Minutes Councillor loannoni vacated the Council Chambers. * * * * * COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Project SHARE - requesting the use of four City buses on April 19, 2015 from 12pm-4pm for the Restaurant Ride event. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the request be approved. Carried Unanimously Project SHARE - requesting a City team for their Coldest Night of the Year event RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that Council support the event and enter a team. Carried Unanimously 2. National Eating Disorder Awareness Centre- requesting the week of February 1st to 7th be proclaimed as "Eating Disorder Awareness Week". RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Campbell that the communication be approved. Carried Unanimously 3. Crime Stoppers of Niagara - requesting the week of be proclaimed and approval of a flag raising on February 3rd, 2015. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the request be approved. Carried Unanimously Councillor loannoni returned. 4. Emily Bordun -comments regarding the St. Michael High School netting issue and related staff comment. RECOMMENDATION: Receive and file. ORDERED on the motion of Councillor Campbell, seconded by Councillor Kerrio that the communication be received and filed. Carried Unanimously 5. Niagara Parks Commission - requesting Council appoint their representative to the Parks Commission. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that Councillor Kerrio be Council's appointee to the Niagara Parks Commission board and that staff review remuneration of committees. Carried Unanimously - 4 - January 27, 2015 Council Minutes 6. HOLD Co. - requesting approval of the Resolution of Sole Shareholder ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the resolution be approved. Carried Unanimously * * * * * RATIFICATION OF "IN CAMERA" MATTERS ORDERED on the motion of Councillor Strange, seconded by Councillor Campbell that the recommendations from the January 27th, 2015 meeting be approved. 1. L-2015-02 - Sale of Portion of Former Railway Lands to 2095527 Ontario Limited, 2095527 Ontario Limited 1. That the City of Niagara Falls accept the Offer of 2095527 Ontario Limited to purchase the lands shown on the attached location maps, for the purchase price of Two Hundred and Ten Thousand Dollars ($210,000.00). 2. That the Mayor and Clerk be authorized to execute any and all documents required to complete the transaction authorized by Recommendation 1 above. Carried Unanimously with Councillors Thomson and Kerrio declaring conflicts * * * * * 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. ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that the Consent Agenda be approved as recommended. Carried Unanimously CD-2015-01- Pan Am Games — Noise By-law Relief for Overnight Deliveries. The report recommends hat Council approve relief to the City's Noise By-law (2004-105, as amended) regarding overnight deliveries during the period of the 2015 Pan Am/Parapan Games (June 26 to August 15), subject to the delivery companies and receiving businesses following the suggested Code of Practice for Off-Peak Deliveries (OPD). CD-2015-02- 2014 Municipal and School Board Elections - Accessibility The report recommends that Council receive this report for information. F-2015-01 - Monthly Tax Receivables Report - November The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F-2015-02 - Monthly Tax Receivables Report - December The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F-2015-03- 2015 Interim Tax Levy The report recommends that Council approve the 2015 Interim Tax Levy calculation and by-law providing for the 2015 Interim Tax Levy. F-2015-04 - Municipal Accounts. The report recommends that Council approve the municipal accounts totalling $35,557,133.92 for the period November 13, 2014 to January 7, 2015. - 5 - January 27, 2015 Council Minutes L-2015-01 - The Niagara Parks Commission and the City Licence Agreement, Willoughby Historical Museum The report recommends the following: 1. That the City enter into a Licence Agreement with The Niagara Parks Commission ("NPC"), with respect to the use of the interior of the school house, washroom, facilities and parking lot located on the NPC lands, for the purpose of operating a historical museum known as the Willoughby Historical Museum located at 9935 Niagara River Parkway, Niagara Falls. 2. That the Mayor and Clerk be authorized to execute said Licence Agreement. L-2015-03 - Lot Grading By-law Amendment The report recommends that By-law No. 2007-60 of the City of Niagara Falls be amended by deleting section 34 therefrom and that the by-law in all other respects continue and remain in full force and effect. MW-2015-01 - Combined Sewer Overflow & Wet Weather Management Policy Applications to Niagara Region for Funding The report recommends that staff be directed to submit an application to the Niagara Region for Capital Works projects identified in this report. PBD-2015-01-Matters Arising from Municipal Heritage Committee Municipal Heritage Award Program The report recommends that Council support the creation of the City of Niagara Falls Municipal Recognition Award to be awarded annually by the Municipal Heritage Committee, recognizing the contribution of a heritage property owner to the preservation of heritage in the City. PBD-2015-02 - Telecommunication Facility Consultation 3516 Marshall Road Fontur International on behalf of Signum Wireless The report recommends that Industry Canada be advised that the City of Niagara Falls has no objection to the construction of a 60 metre (196 ft.) self-supporting telecommunication structure with an equipment shelter at its base and perimeter security fencing on the lands known as 3516 Marshall Road. PBD-2015-03- DB-2014-004 Deeming By-law Application Lot 60, Plan 3 Village of Niagara Falls Now City of Niagara Falls,5645 Ferry Street,Applicant: Portage Bakery The report recommends that Council pass the by-law appearing on tonight's agenda to deem Lot 60, Plan 3 Village of Niagara Falls (5645 Ferry Street), to no longer be within the registered plan of subdivision, to enable it to merge with Lot 61, Plan 3 except Part 1, Plan 59R-9032 ( 5845 Gladstone Avenue). PBD-2015-04-PLC-2014-008, Request for Removal of Part Lot Control, Block 74, Plan 59M 401, 7201 to 7229 Stacey Drive, Applicant: Kenmore Homes, Agent: Jennifer Vida, Upper Canada Consultants The report recommends the following: 1. That Council approve the request and pass the by-law included in tonight's agenda to designate Block 74 on Registered Plan 59M-401, as exempt from Part Lot Control for a period of two years; and 2. That the developer be required to notify the City when the new deeds for the lots have been registered. PBD-2015-05 - PLC-2014-007, Request for Removal of Part Lot Control, Block 194, Registered Plan 59M-388, 8679-8685 Dogwood Crescent, Warren Woods Phase 2 Subdivision. Applicant: 1340258 Ontario Inc. (Warren Woods) The report recommends the following: 1. That Council approve the request and pass the by-law included in tonight's agenda to designate Block 194 on Registered Plan 59M-388, as exempt from Part Lot Control for a period of three years. 2. That the applicant be required to notify the City when the new deeds for the parcels - 6 - January 27, 2015 Council Minutes have been registered. PBD-2015-06 -Various Community Improvement Program Applications Request for Extension of Commercial Building & Facade Grant Approvals. Applicant: Keefer Developments Ltd. The report recommends the following: 1. 4351-4357 Queen Street and 4755-4763 Valley Way; and 2. 4670-4672 Queen St; 4664-4666 Queen Street; 4600-4610 Erie Avene and 4786 Queen St. Provided that payment on all taxes owed are received by the city on or before January 30, 2015. TS-2015-01 Subdivision Agreements—Update to Parking and Traffic By-law 89-2000 The report recommends that the regulatory signs outlined in this report be approved for the Optimist Subdivision, Marinelli Estates Subdivision, Windylane Estates Subdivision, the tenth phase of Deerfield Estates Subdivision, the third phase of the Fernwood Subdivision and the first and second phases of the Warren Woods Subdivision. TS-2015-02 — Transit Agreement with Niagara College Student Administrative Council The report recommends: 1. That the City enter into a one semester Agreement with the Niagara College Student Administrative Council be extended from January 2015 through April 2015, at cost recovery. 2. That the Niagara Falls Transit municipal trips be captured and invoiced back to Niagara College Student Administrative Council in the form of a "U Pass' Levy. 3. That the Mayor and City Clerk be authorized to execute the necessary agreement. * * * * * RESOLUTIONS NO. 2. -PIETRANGELO-STRANGE-THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the City of Niagara Falls supports and application to the Niagara Region for various projects for the CSO Program.. NO. 3 - THOMSON- PIETRANGELO- THEREFORE BE IT RESOLVED THAT Niagara Falls City Council is in support of the Niagara Brewing Company at 4915 Clifton Hill, including the provision of a liquor licence, on-site brewing and associated retail. Carried Unanimously * * * * * BY-LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Campbell that the by-laws be given a first reading. Carried Unanimously 2015-03 A by-law to authorize the execution of an Agreement of Purchase and Sale with 2095527 Ontario Limited, respecting the sale of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. 2015-04 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. 2015-05 A by-law to authorize the execution of a Licence Agreement with The Niagara Parks Commission respecting the use of certain premises for the operation of the Willoughby Historical Museum. - 7 - January 27, 2015 Council Minutes 2015-06 A by-law to establish Block 96 on Registered Plan 59-395 as a public highway, to be known as and to form part of Emerald Avenue. 2015-07 A by-law to establish Block 101 on Registered Plan 59M-395 as a public highway, to be known as and to form part of White Oak Avenue. 2015-08 A by-law to amend By-law No. 2007-260, being a by-law to prohibit or regulate the placing or dumping of fill, the removal of topsoil and the alteration of the grade of land within the City of Niagara Falls. 2015-09 A by-law to amend By-law No. 70-69, to restrict the use of the Lands to agricultural purposes only (AM-2014-006). 2015-10 A by-law to amend By-law No. 70-69, to permit a residence not associated with an agricultural use on the Lands, subject to site specific regulations (AM-2014-006). 2015-11 A by-law to amend By-law Nos. 79-200 and 2011-04, to permit the development of the Lands for multiple unit dwellings in conjunction with Block 97, Registered Plan 59M-408 (AM-2014-009). 2015-12 A by-law to designate Block 194, Registered Plan 59M-388, not be subject to part-lot control (PLC-2014-007). 2015-13 A by-law to designate Block 74, Registered Plan 59M-401, not be subject to part-lot control (PLC-2014-008). 2015-14 A by-law to designate Lot 60, Plan 3 Village of Niagara Falls to be deemed not to be within a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O. 1990 (DB-2014-003). 2015-15 A by-law to authorize the payment of$35,502,822.31 for General Purposes. 2015-16 A by-law to provide an interim levy of realty taxes. 2015-17 A by-law to execute an agreement to authorize the execution of an agreement with the Niagara College Administrative Council Inc. for the provision of transit services. 2015-18 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. 2015-19 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 27th day of January, 2015. ORDERED on the motion of Councillor Pietrangelo,seconded by Councillor Strange that the by-laws be given a second and third reading. Carried Unanimously * * * * * NEW BUSINESS Rail Line Ad Hoc Committee ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that Larry Popelka, former rail employee, who wrote a Letter to the Editor be invited to a future Rail Line Ad Hoc Committee meeting. Carried Unanimously ORDERED on the motion of Councillor Campbell, seconded by Councillor Craitor that staff review the recently introduced Federal Grade Crossing legislation. Carried Unanimously - 8 - January 27, 2015 Council Minutes ORDERED on the motion of Councillor Campbell, seconded by Councillor loannoni and that a letter be written to Minister of Transportation, Lisa Raitt, delivered to Rob Nicholson, on the issue of the trains in the community. Carried Unanimously Welcome Sign Proposal ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the Welcome Sign Proposal be referred to staff for comment. Carried Unanimously Homeless/Weather Alerts ORDERED on the motion of Councillor loannoni, seconded by Councillor Strange that staff report back on warming centres for the homeless during extreme cold alerts. Carried Unanimously * * * * * ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the meeting be adjourned at 9:20 p.m. Carried Unanimously * * * * * 9,6(A' zisp.: • 4.1, DEAN IORFIDA, ITY LERK JAMES M. DIODATI, MAYOR