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09/15/2015 FIFTEENTH MEETING REGULAR COUNCIL MEETING September 15, 2015 Council met on Tuesday, September 15, 2015 at 5:05 p.m. for the purpose of considering Regular Business matters. All members of Council were present. * * * * * The National Anthem was sung by Sydney Ahle * * * * * DISCLOSURE OF PECUNIARY INTERESTS Councillor Pietrangelo declared a pecuniary interest related to a Communication from St. Paul High School, as the School Board is his employer. ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Morocco, seconded by Councillor Craitor, that the minutes of the August 19, 2015 Special Council meeting and August 25th, 2015 meeting be approved, as printed. * * * * * REPORTS/ PRESENTATIONS 5:00 — 6:00 P.M. R&C-2015-13 — Culture Plan Implementation The report recommends that the Culture Plan Implementation Strategy, as presented, by approved and referred to the 2016 budget. Laura Moffat, Chair of the Arts & Culture Committee, and Dino Fazio, Chair of the Museum Advisory Committee, outlined the implementation strategy. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the report be approved as recommended. Carried Unanimously * * * * * REPORTS 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-2015-30 - Riverview Park Inline Storage Facility, Tender Contract No. 2015- 292-12. The report recommends the following: Council Minutes September 15, 2015 1. The contract be awarded to the lowest bidder V. Gibbons Contracting Ltd. at the tendered price of $1,735,584.00. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. MW-2015-2015-31 — Watermain Replacement Program (2013) Phase 1, Tender Award — Contract No. 2015-308-13 The report recommends that 1. The contract be awarded to the lowest bidder Demar Construction Inc. at the corrected tendered price of $1,245,036.68. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. PBD-2015-42 - Municipal Support Request for FIT 4 Rooftop Solar Energy Projects The report recommends that Council adopt a Council Support Resolution for: 1 . The 70kW Small Fit rooftop solar panel project at 4485 Kent Avenue. 2. The 340kW Small Fit rooftop solar panel project at 6040 Progress Street. 3. The 100kW Small Fit rooftop solar panel project at 6030 Thorold Stone Road. 4. The 250kW Small Fit rooftop solar panel project at 5900 Thorold Stone Road. 5. The 250kW Small Fit rooftop solar panel project at 4536 Portage Road. 6. The 200kW Small Fit rooftop solar panel project at 5781 Ellen Street. R&C-2015-09 - Gale Centre Renewal Agreements The report recommends that Council authorize the Mayor and City Clerk to act on the behalf of the City to execute the following Gale Centre renewal agreements; FRT Hospitality, Front Row Sports and the Niagara Junior C Riverhawks for their respective use of the Gale Centre and amenities. R&C-2015-12 - 2015 Sports Wall of Fame Inductees The report recommends that Council approve the following 2015 Sports Wall of Fame Inductees: R&C-2015-14 - Arts & Culture Wall of Fame 2015 Inductees The report recommends that Council approve the following 2015 Arts & Culture Wall of Fame Inductees: • Phoebe Jean (Carol) Ede • Donald Fredrick Ede • Charles Trice McClive (Clive) Jacklin • Todd Liddiard • Anthony J. Smith ORDERED on the motion of Councillor Kerrio, seconded by Councillor Craitor that the Consent Agenda reports be approved, as recommended. Carried Unanimously 2 Council Minutes September 15, 2015 MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati extended condolences to Councillor Pietrangelo on the passing of his Aunt, Georgette Lafferty. Mayor Diodati advised of recent events: Subway Restaurant grand opening, OBA Mosquito All Ontario Championship Tournament, Grand opening of Duncan's Tartan Bake Shop, Roundtable with David Crombie, Heart of Niagara Hotels 40th Anniversary. Mayor Diodati advised of upcoming events: his Charity Roast to benefit the Community Outreach, Rotary Lobsterfest, Optimist Ribbon Cutting, Polish Festival at Our Lady of the Scapular Church Hall, United Way Fall Fest, Kaboom Playground Build at Heritage Park, Niagara Falls Summer Trillium Recognition, Hamburg Honda grand re-opening, and Try It Kids-A-thalon Fundraiser for ONE Foundation. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that an appropriate future recognition of Dianne Sheppard be referred to staff. Carried Unanimously COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Niagara Falls Public Library — requesting that October 18th — 24th be proclaimed as "Public Library Week". RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that the request be approved. Carried Unanimously 2. CUPE — requesting that October 8th be proclaimed as "Child Care Worker & Early Childhood Education Appreciation Day". RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson that the request be approved. Carried Unanimously 3. Trigeminal Neuralgia Association — requesting that October 7th be declared as "International Trigeminal Neuralgia Awareness Day". RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the request be approved. Carried Unanimously 3 Council Minutes September 15, 2015 4. A.M.O. — requesting Ontario municipalities contribute $100 toward the Syrian Refugee Crisis. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that the request be approved. Carried Unanimously 5. Celebrate Old Downtown - requesting waiver of fees associated with road closures for "Cruising on the Q" finale. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Craitor, seconded by Councillor Pietrangelo that the request be approved as recommended. 6. St. Paul High School — requesting allowance for food trucks for a one-day event. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Morocco, seconded by Councillor loannoni that the request be approved. Carried Unanimously With Councillor Pietrangelo declaring a conflict, as the school board is his employer. * * * * * RESOLUTIONS NO. 35 — PIETRANGELO — STRANGE — THEREFORE BE it resolved that Niagara Falls City Council considers the Zombie Mud Run event to be an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. Carried Unanimously * * * * * NEW BUSINESS Governance ORDERED on the motion of Councillor Craitor, seconded by Councillor loannoni that the Region be requested to consult with the lower-tiers regarding the election of the Regional Chair and that staff come back with a report on various governance issues. Carried Unanimously * * * * * PRESENTATIONS/DEPUTATIONS 6:30 P.M. Alzheimer's Coffee Break Peter Nicholson, Board member for the Alzheimer Society Niagara Foundation, attended the Council meeting and spoke about the upcoming Coffee Break campaign. 4 Council Minutes September 15, 2015 PLANNING MATTERS 7:00 P.M. PBD-2015-43 — AM-2015-006, Official Plan and Zoning By-law Amendment Application. 9764 Upper's Lane. Applicant: Trustees o the Bible Baptist Church of Niagara Falls. Agent: Debra Kakaria, MHBC Planning. Proposal: Relocation of a Place of Worship Background Applicant has requested an Official Plan and Zoning By-law amendment for a 6.7 ha (16 ac) parcel of land. A place of worship, dwelling and other ancillary uses exist on the land and are permitted. Applicant is proposing to construct a new place of worship and day school on the easterly 2 ha of the site abutting Beechwood Rd. The balance of the lands will be conveyed in the future to the property to the south for agriculture use. Neighbourhood Open House Held on August 10, 2015 and attended by 4 residents. Residents expressed concerns about: • the application assisting the assembly of land by Walker Industries for future quarry and waste disposal facility. • People beyond the circulation area being impacted. Representative from Walker Industries noted that they have acquired land in the area, but felt it premature to discuss any future application for a quarry. Representative assured the residents that Walker Industries intend to do public consultation prior to submission of any application for a quarry. Staff provided information on Planning Act requirements for circulation of applications and that the circulation for the statutory public meeting of Council would include a mailed notice to all in attendance, a sign posted on the site and a notice in the Niagara Falls Review. Planning Analysis PROVINCIAL POLICY STATEMENT & GROWTH PLAN ► Provincial policies seek to preserve prime agricultural areas. ► Existing legal secondary uses may continue. ► Amendment would reduce the lot area to be used for an existing secondary use and the majority of the land to be used for agricultural purposes. OFFICIAL PLAN ► Land is designated Good General Agriculture and intended to be used for agricultural purposes. ► The lands are subject to Special Policy Area No. 14, which permits the current place of worship and ancillary uses including a dwelling as an exception to the Good General Agriculture designation. ► Proposed change retains the Special Policy Area designation, but reduces the land area subject to the designation to the easterly 2 ha along the Beechwood Rd frontage. ► In addition, the permission for a dwelling is removed. ► Reducing the amount of land for a non-agriculture use meets the intent of the Official Plan. 5 Council Minutes September 15, 2015 ► Balance of land will remain under the original Good General Agriculture designation and meets the intent of the Official Plan. ZONING BY-LAW ► Current A-314 zoning of the property permits the entire 6.7 ha property to be used for a place of worship and range of accessory uses, including a one family detached dwelling. ► Site specific zoning also specifies minimum yards; maximum lot coverage and maximum building height. ► The requested changes to the site specific zoning are as follows: • Reduce the extent of the special provision area to the 2 ha along Beechwood Rd ; and, • Eliminate the permission for a one family detached dwelling on the above noted parcel. ► The reduction of the special provision area will facilitate the creation of the parcel for the new place of worship and the severance of the balance of the land to merge with the parcel to the south and will not be permitted to have a dwelling on it. ► Westerly 4.7 ha will be zoned standard A zone. CONCLUSION ► The amendment is recommended for the following reasons: • Development meets the intent of the Official Plan; • Proposed zoning will limit the place of worship and ancillary uses to the easterly portion of the property along Beechwood Rd and limit the use of the westerly part of the lands to agricultural purposes only; • Matters with respect to the development of the new place of worship and the removal of existing buildings will be addressed through the site plan control and conditions of consent. • Any future applications by Walker Industries will be subject to public meetings at that time. RECOMMENDATION That Council approve the Official Plan and Zoning By-law amendment application to reduce the area of the property permitted to be used only for a place of worship and ancillary uses to the easterly 2 hectares located on the corner of Beechwood Rd and Upper's Lane, and to increase the area of the property permitted to be used only for agricultural uses to the westerly 4.7 hectares of the property. Bob Gorston, a Beechwood Road resident, is not objecting to the zoning by-law amendment, as he supports the Bible Baptist Church; however, he questions future plans by nearby Walkers' Industries. It would seem contrary to their long-term plan for land to be zoned agricultural. Tom Matyas, a Beechwood Road resident, is opposed to the application because he too believes the ultimate goal for adjacent property is for an eventual landfill site. Jean Grandoni, a Garner Road resident, felt that the old farmhouse should be preserved. Debra Kakaria, Planner for the applicant, reminded Council that the application was related to the church and not Walkers, though she pointed out that the company does have agriculturally zoned property that they have rehabilitate dover the years. She explained that the Official Plan already designated the lands agricultural and places of worship are allowed under the special provisions. Ms. Kakaria also outlined the extensive process required for approval of aggregate extraction. The Public Meeting was Closed. 6 Council Minutes September 15, 2015 ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the report be approved as recommended. Motion Carried with Councillor Morocco opposed. PBD-2015-44 — AM-2015-10, Zoning By-law Amendment Application, Medical Marijuana Facilities. Applicant: City of Niagara Falls. Background In 2013, the Federal Government introduced new regulations governing growing, processing and distributing medical marijuana. A license is issued by Health Canada for a Medical Marijuana Facilities (MMF). As part of the licensing requirement, an applicant must obtain a letter from the municipality outlining the applicable zoning for the property where the facility is to operate. The City contracted SGL Planning and Design Consultants to undertake a study of MMF. SGL has prepared similar studies for other municipalities. Their final report was submitted to the City in July 2015. A Public Open House was held on August 18, 2015 with Councilor Craitor and 3 members of the public attending. Planning Analysis The SGL Report on MMF summarizes the Federal Medical Marijuana Regulations, the current situation within the Niagara Falls planning documents and the practices of 11 other municipalities, both within and outside of the Niagara Region. The consultant found that some municipalities treat MMF as an industrial/employment use, others an agricultural use and still others as both an industrial and an agricultural use. The report found that the Good General Agricultural designation in the City's Official Plan permits agriculture of all types. The Report concluded that a MMF could be accommodated under certain of the City's industrial zones and most agricultural and rural zones. The consultant did a survey of other municipalities within the Region as well as outside. The summary was that by-law amendments were adopted to include a definition of a MMF, select zones where the use may be permitted and specific requirements to address minimum distance separations, outside storage, signage, loading, parking and use of site plan agreements. Some permit the use `as-of-right'; or only by a "site specific" zoning amendment. Considerations for Niagara Falls 7 Council Minutes September 15, 2015 By defining a MMF, the City will be in a position to distinguish this use from any other agricultural use and/or industrial use (including a nursery for trees, shrubs and plants) and provide a clear intent as to where the uses may establish and regulations to be applied. The definition should provide for the following: • `growing, testing' processing, packaging and shipping' • `storage' • 'facility must be licensed by the Federal government (Health Canada)' By creating a distinct definition, it also affords the City the opportunity to establish specific regulations for a medical marijuana use by Zone. The consultant found that a MMF is a Class 1 use under the MOE D-6 Guidelines and therefore appropriate for the Prestige Industrial and Light Industrial zones. Staff believe that the use could also be allowed in the General Industrial and Heavy Industrial zones as these zones provide for more intensive forms of employment uses and are typically located farther from sensitive land uses. It is recommended that a MMF be allowed 'as-of-right' in the four industrial zones and in the Agricultural zone in Zoning By-law 79-200, but not in the Rural zone due to the small lot size. It is further recommended that a MMF be allowed in the Rural zone of Zoning By-law 395 (Willoughby) and in the Rural zone of Zoning By-law 1538 (Crowland). Staff recommend that a definition of Sensitive Use be introduced into each of the By- laws which would include residential, parks and institution/school uses. Council can set a separation distance between a MMF and a building in a sensitive land use. It is recommended that a separation distance of 150 m (492 ft) be set for the listed agricultural zones outside of the Urban Area Boundary. A separation distance of 20 m (66 ft) should be established between a building included as a Sensitive Use and a MMF in industrial zones in the Urban Area. This distance is based on the MOE D-6 Guidelines for Class 1 industrial uses. It was found that current lot coverage of 60% maximum lot coverage in a Prestige Industrial zone and 70% coverage in Light, General and Heavy Industrial zones would be appropriate. Consultant's report cited Grimsby as having set lot coverage in agricultural zones as 70% for lots less than 5 ha; 50% for lots between 5-20 ha and 25% for lots greater than 20 ha. A similar standard in Niagara Falls would be appropriate. Finally, it is recommended that a MMF be subject to Site Plan Control. The Site Plan Approval process would allows the City to address fencing, ventilation, lighting of parking lots, signage and security along with other matters. Recommendation It is recommended that Council receive the input of the public and direct Staff to prepare the necessary zoning by-law amendments as outlined in this report for adoption at a future meeting. 8 Council Minutes September 15, 2015 Carm Lanni, Lyon's Creek Parkway resident and Ed Macadam, Mundare Crescent resident spoke to the extensive requirements to get Federal approval. They welcome increased separation distances from sensitive uses. Jean Grandoni, a Garner Road resident, feels that medicinal marihuana facilities should not be "as of right" but by by-law amendment. She is also concerned that valuable agricultural land may be taken for this business, which is more industrial in nature. The Public Meeting was Closed. ORDERED on the motion of Councillor Craitor, seconded by Councillor loannoni that Council receive the input from the public meeting and direct staff to come back with recommendations. Carried Unanimously BY-LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the by-laws be given a first reading. Carried Unanimously 2015-105 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. 2015-106 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Parking Prohibited). 2015-107 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. 2015-108 A by-law to authorize the execution of a lease renewal between the Corporation of the City of Niagara Falls and Front Row Sports Ltd. for a portion of the premises municipally known as the Gale Centre, 4171 Fourth Avenue. 2015-109 A by-law to authorize the execution of a lease renewal between the Corporation of the City of Niagara Falls and 2212396 Ontario Inc. (Break- A-Way Concessions) for a portion of the premises municipally known as the Gale Centre, 4171 Fourth Avenue. 2015-110 A by-law to authorize the execution of a license renewal and amendment between the Corporation of the City of Niagara Falls and the Chippawa Amateur Athletic Association Inc. to operate from the premises municipally known as the Gale Centre, 4171 Fourth Avenue. 2015-111 A by-law to authorize the execution of an Agreement with Eco-Ninjas respecting the Adopt-A-Program public service program for volunteers. 2015-112 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 15th day of September, 2015 9 Council Minutes September 15, 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 * * * * * ORDERED on the motion of Councillor Kerrio, seconded by Councillor Morocco that the meeting be adjourned at 9:00 p.m. Carried Unanimously DEAN IORFIDA, C Y LERK JAMES M. DIODATI, MAYOR 10