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01/24/2017 SEVENTEETH MEETING REGULAR COUNCIL MEETING December 13, 2016 Council met on Tuesday, December 13, 2016 at 5:00 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Maia Pavone sang the National Anthem. * * * * * ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson that the minutes of the November 22, 2016 and the November 25th special meeting be approved. Carried Unanimously * * * * * DISCLOSURE OF PECUNIARY INTERESTS Councillor Craitor indicated a pecuniary interest with cheque 395433, made payable to himself. Councillor Pietrangelo indicated a pecuniary interest with report R&C-2016-16 as the Niagara Catholic District School Board is his employer. Councillor Campbell indicated a conflict with report R&C-2016-16 as his spouse is a board member of the District School Board of Niagara. Mayor Diodati indicated a pecuniary interest with cheque number 395643, made payable to himself. * * * * * PRESENTATIONS/ DEPUTATIONS 5:00 P.M. Winter Festival of Lights/ Canada 150 Committee Chris Dabrowski and Tina Myers, Executive Director for the Winter of Festival of Lights, spoke to Council regarding budget requests for her organization and the Canada 150 initiatives. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that Council approve an initial budget of $150,000 with consideration of a further $300,000 at a later date after the Ad Hoc committee reports back. Carried Unanimously ORDERED on the motion of Councillor Campbell, seconded by Councillor Morocco that the organization's request be referred to budget deliberations. Carried Unanimously Council Minutes December 13, 2016 Niagara District Airport Commission James Detenbeck, Airport Commission Treasurer, addressed Council on the Airport's 2017 budget request. ORDERED on the motion of Councillor Morocco, seconded by Councillor Campbell that the organization's request be referred to budget deliberations, with an advance funding for the chemical sprayer purchase. Carried Unanimously NRPS Matters Inspector James (Jim) McCaffery, 2 District Commander, Niagara Falls, Niagara on the Lake, Casino Patrol Unit introduced himself to Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the presentation be received and filed. Carried Unanimously Volunteer Recognition Don Johnson, noted community volunteer, was recognized by the Mayor and presented with a plaque. Rangers Soccer Team The N-O-T-L Rangers U13 Soccer Team, made up primarily of Niagara Falls residents, was recognized for their Ontario Cup Championship. REPORTS R & C-2016-16 — Artificial Turf Field Proposals The report recommends the following: 1. It is recommended that the construction of an artificial turf field in partnership with NCDSB and Niagara Falls Soccer Club at EE Mitchelson Park be referred to the 2017 capital budget process. 2. Negotiate with the NCDSB and NF Soccer Club user agreements. 3. Continue to explore possible partnerships with the DSBN. ORDERED on the motion of Councillor Strange, seconded by Councillor Kerrio that the report be approved as recommended. Carried Unanimously With Councillors Campbell and Pietrangelo declaring conflicts. 2 Council Minutes December 13, 2016 PLANNING MATTERS 6:30 P.M. Public Meeting: PBD-2016-59 - 26T-11-2016-002 & AM-2016-017 — Warren Woods Estates Phase 4 Stage 2 Draft Plan of Subdivision and Official Plan and Zoning By-law Amendment Application. 7983-8003 Montrose Road Owner: 1340258 Ontario Inc. (Robert O'Dell — Managing Partner) Agent: Upper Canada Consulting (Jennifer Vida) Background Applicant applied to subdivide the westerly 5.02 ha (12.4 ac) into 76 single lots; 39 townhouse dwellings; a park & wildlife corridor. Amend the Official Plan to place entire subdivision under Medium Density Residential with special policy for detached dwellings. Request is to rezone part of the subdivision as R4, with site specific front yard, privacy yard depth, side yard width, lot coverage & parking. Request to rezone part of the subdivision to R3 with special provisions for lot area, frontage, front yard depth, rear yard depth, interior and exterior side yard, building height, lot coverage and landscaping. Park land is to be zoned Open Space. Place holding zone on Light Industrial to the east. Provincial Policy Statement & Growth Plan The applications are consistent with the Growth Plan and Provincial Policy Statement as follows: Involve the development of lands within the Urban Boundary and Greenfield area; Achieve a density if 59 people/jobs per hectare which exceeds the City's target of 53 people/jobs per hectare; and, y Contributes to the City's supply of building lots Planning Analysis Garner South Secondary Plan - Lands are designated Medium Density Residential, in part, and Employment, in part. Adjacent Employment lands to the east are intended to be developed with live-work units. Live-work units consist of dwelling units in combination with compatible small scale home industries or office-type uses. They are intended to provide a transition and minimize conflicts between proposed residential uses and employment uses fronting onto Montrose Rd. Applicant is also requesting a small portion of land to the north of the subdivision between the two lobes of PSW be re-designated from Residential to Open Space. 3 Council Minutes December 13, 2016 Although originally contemplated for residential use, the configuration of the area along with a required buffer of the adjacent wetland would make it challenging to develop as a residential area. The proposed designation will allow for passive recreational uses. The 1 ha of residential lands in this location will be made up with the re-designation from Employment lands. The application conforms to the Secondary Plan as follows: • The subdivision meets the minimum density requirements of the Secondary Plan, in combination with other approved phases; • The abutting wetlands will be preserved and protected by an appropriately sized buffer; • The connections onto Brown Rd. meet transportation design guidelines per intersection spacing and provide for a safe and efficient transportation network. • The park and wildlife corridors provide an opportunity for recreational trails to link the rest of the subdivisions; and, • Reverse lot frontages are avoided, providing for good urban design along Brown Rd. Zoning Lands are currently zoned Light Industrial with a small portion being zoned Hazard Land. Single detached lots are requested to be changed to a similar R1F zone as in the subdivision to the west. Conclusion Complies with Provincial and Regional policies and is compatible with surrounding development. Will provide housing options; Re-designating 1 ha from Residential to Open Space to make part of Neighbourhood Open Space Proposed zoning regulations will facilitate compact form; Rezoning wetlands to Environmental Protection Area will protect natural features; Placing holding provision on LI zoned lands until live-work units are advanced will prevent land use conflicts. Recommendation That Warren Wood Phase 4, Stage 2 Plan of Subdivision be draft approved subject to the conditions in Appendix A of the staff report. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after the notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 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 Council Minutes December 13, 2016 That the application to amend the Official Plan (Garner South Secondary Plan) and Zoning By-law be approved as detailed in the staff report; and, That the Mayor and City Clerk be authorized to execute the Subdivision Agreement and any required documents to allow for the future registration of the subdivision when all matters are addressed to the satisfaction of the City Solicitor. Carmella Agro, Upper Canada Consulting, representing the owner, was in support of the staff report as recommended. The Public Meeting was Closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Strange that the report be approved as recommended. Carried Unanimously ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that Council reaffirm the request for a staff report the development prohibition in the circular area surrounding Cytec and that staff consult with the stakeholders that have been affected by the prohibition. Carried Unanimously PBD-2016-60 —AM-2015-011, Official Plan and Zoning By-law Amendment Application, 4536 and 4552 Portage Road. Applicants: Sleek Developments Inc. and APR Investments. Agent: Jennifer Vida, Upper Canada Consultants. Proposal: Proposed 96 Unit Townhouse Development Background Zoning By-law amendment for 2 abutting properties 96 unit townhouse development on 4552 Portage Rd Community centre exclusive to the development, on 4536 Portage Rd 4552 Portage Rd is designated Industrial in Official Plan; requested to be changed to Residential; Zoning for property requested to be changed from GI, in part, and I, in part to Residential Low Density, Grouped Multiple Dwellings (R4) with site specific regulations. 4536 Portage Rd is zoned General Industrial in part and Light Industrial, in part; requested to be changed site specifically to Light Industrial zone to ensure the property is compatible with surrounding residential uses. Neighbourhood Open House held on November 26, 2015, attended by 7 residents who expressed concerns regarding traffic and the nearby railway crossing. Applicant noted he was not successful in obtaining a right-of-way Planning Analysis Provincial Policy Statement, Growth Plan & Land Use Compatibility City has large surplus of employment lands so the conversion requested can be accommodated. 5 Council Minutes December 13, 2016 MOECC has established D-6 Guidelines that classify the intensity of industrial uses and also set out studies to be done if infill development proposes sensitive uses. Air Quality & Noise and Vibration studies have been completed and have recommended mitigating measures to control dust and noise. Official Plan Lands designated Industrial. Request that 4552 Portage be re-designated Residential for the following reasons Proposal conforms to policies with respect to conversion of brownfield sites to non- industrial uses. Development is proposed at a height and massing that are in character with surrounding neighbourhood. Adequate setbacks, extensive buffering and dwelling construction techniques. are provided to mitigate impacts from nearby industrial uses. Will contribute to short term supply of housing. Zoning By-law Lands zoned General Industrial (GI), in part & Institutional (I), in part. Request that 4552 Portage be re-zoned Residential Low Density, Grouped Multiple Dwellings, (R4) with these site specific regulations: Conclusion Amendment Recommended Complies with the Official Plan Lands are not required for employment lands Will assist in reducing long term deficit of medium density housing; Will be compatible with industrial uses and nearby railway with appropriate mitigation measures; Height and massing compatible with surrounding neighbourhood Zone change will provide regulations to guide development of townhomes and rezoning of 4536 Portage will ensure uses are compatible with existing and proposed residential. Recommendation That Council approve the Official Plan and Zoning By-law Amendment application to: Re-designate 4552 Portage Rd from Industrial to Residential; Re-zone 4552 Portage Rd from General Industrial (GI), in part, and Institutional (I) in part to a site specific Residential Low Density Grouped Multiple Dwellings (R4) zone, subject to regulations outlined in the staff report; Re-zone 4536 Portage Rd. from GI, in part, and I, in part, to a site specific Light Industrial (LI) zone, subject to the regulations outlined in the staff report. 6 Council Minutes December 13, 2016 Daniel Cudizio, a representative from OLEO, the proponent to the north indicated that the company had submitted a letter requesting that the matter be deferred. His company wants to ensure appropriate mitigation measures are in place to enable compatibility between industrial and residential uses, especially in light of their proposed expansion plans. Charles Sands, an Althea Street resident, expressed concerns related to increased traffic on Portage Road. He also asked about the opportunity for the development to access Stanley Avenue via the railway spur. Staff indicated that the spur had been purchased by the development to the north. Paisley Janvary- Pool, an Althea Street resident, indicated there had been little change regarding the proposal since the public open house more than a year previous. She expressed concerns that there was only one access into the development and the need for an alternative exit. Jennifer Vida, Upper Canada Consultants, on behalf of the applicant, indicated the area was in transition, with proposed industrial lands vacant and underutilized. She outlined the modeling done by the proponent, which will lead to various mitigation measures, including a: berm and coniferous trees to mitigate noise and dust. Ms. Vida felt that there was ample setback between the development and OLEO and that they had previously reached out to the company. Finally, she outlined that the separation of lanes to deal with ingress and egress issues. The Public Meeting was Closed. ORDERED on the motion of Councillor Craitor, seconded by Councillor loannoni that the report be deferred so that the developer, OLEO and residents could meet. Motion Carried with Councillors Strange and Thomson 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. BDD-2016-02 — Former CP Rail Bridge Demolition Agreement The report recommends that Council authorize staff to extend the current CP Rail Bridge demolition with CP for an additional five (5) year period — December 31, 2016 to December 31, 2021. F-2016-45 — Approval of Interim 2017 Spending Limits The report recommends that in the absence of an adopted 2017 General Purposes Budget, City Council approves that City departments be allowed to incur costs to a level of 50% of the departments expenditure of the prior year. F-2016-47 — Municipal Accounts, June 11-22, 2016 The report recommends that Council approve the municipal accounts totalling $4,514,258,99 for the period June 11, 2016 to June 22, 2016. 7 Council Minutes December 13, 2016 FS-2016-07 — Fire Department Establishing and Regulating By-law The report recommends that the Establishing and Regulating By-law no. 86-67 be repealed in its entirety and a new by-law on tonight's agenda be approved. MW-2016-50 — Niagara Falls Lions Club — Fee for Service Agreement The report that Council the Fee for Service Agreement with the Niagara Falls Lions Club be approved. PBD-2016-61 — AM-2012-002, Zoning By-law Amendment Application, 6015 Barker Street, Applicant: City of Niagara Falls. Removal of Holding (H) Regulation The report recommends that Council pass the by-law appearing on tonight's agenda to lift the holding (H) regulation from the subject lands which are currently zoned GC(H)- 1007. PBD-2016-62 — Endorsement of the Phase 1 Summary Report Niagara GO Hub and Transit Stations Study The report recommends that Council receive the Phase One Summary Report for the Niagara GO Hub and Transit Stations Study. PBD-2016-63 - New Windows City Hall —4310 Queen Street The report recommends the following: 1. The contract be awarded to Jass Construction at the quotation price submitted of $734,000 plus nonrefundable H.S.T. 2. That Council amend the original Capital budget sheet for the additional costs and provide additional funding from the Federal Gas tax reserve. 3 That the Mayor and City Clerk be authorized to execute the necessary contract documents. TS-2016-41 — Cattell Drive Speed Control Review The report recommends that the construction of four (4) speed humps on Cattell Drive be referred to the 2017 Capital Budget deliberations. TS-2016-44 — Pattison Industries Extension Agreement The report recommends the following: 1. That the current lease with Pattison Outdoor Advertising for the provision and maintenance of bus shelters, together with the installation of advertising be extended for an additional five (5) years. 2. The Mayor and Clerk be authorized to execute the required agreements. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Craitor that the reports on the Consent Agenda be approved as recommended. Carried Unanimously Councillors Kerrio and Pietrangelo vacated the Council Chambers. 8 Council Minutes December 13, 2016 MAYOR'S REPORTS, ANNOUNCEMENTS The Mayor passed on condolences on the passing of Mary Wilkes, mother of Scott Wilkes, in the Municipal Works Department. The Mayor outlined the following recent events: Zonta Club Candle Light Vigil for activism against gender violence and Niagara District Volunteer Firefighter Association's Annual Meeting—Station 5. The Mayor outlined the following upcoming events: Winter Festival of Lights, the New Year's Eve celebrations, the Canada 150 plans and budget deliberations in early 2017. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Crime Stoppers of Niagara – requesting that the Crime Stoppers flag be flown during the month of January. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Morocco, seconded by Councillor Strange that the request be approved. Carried Unanimously Councillors Kerrio and Pietrangelo returned. 2. Regional Illegal Dumping Working Group – requesting endorsement of a Memorandum of Understanding with Crime Stoppers. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Campbell, seconded by Councillor Strange that the request be approved. Carried Unanimously 3. Canada Summer Games 2021 – requesting staff execute a non-binding Memorandum of Understanding related to use of two of the municipality's facilities. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Strange, seconded by Councillor Thomson that the request be approved. Carried Unanimously 4. Fallsview B.I.A. – requesting that funding be allocated in the 2017 Capital Budget for municipal contribution to their Gateway Feature project. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Craitor that the request be referred for consideration to the 2017 capital budget discussions. Carried Unanimously 9 Council Minutes December 13, 2016 5. Wayne Gates, M.P.P. — requesting that a gravestone be erected to recognize the Unknown Soldier at Fairview Cemetery. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Morocco, seconded by Councillor Strange that the request be referred to staff. Carried Unanimously 6. A.M.O. — requesting support on a resolution related to Federal Infrastructure Phase 2 incremental requirements. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Campbell that the request be approved. Carried Unanimously 7. Regional Municipality of Niagara — requesting support of a Niagara Regional Labour Council request calling on the Federal government to institute a comprehensive ban on asbestos. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the request be approved. Carried Unanimously 8. City of St. Catharines — requesting support of a resolution calling for sustainable funding support for Child Advocacy Centres, notably the Kristen French Child Advocacy Centre. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Craitor, seconded by Councillor Morocco that the request be approved. Carried Unanimously 9. City of St. Catharines — requesting support of a resolution to the Premier calling for an investigation into the Niagara Peninsula Conservation Authority. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Craitor that Cindy Forster, M.P.P. be permitted to speak to the matter. Motion Defeated With Councillors Kerrio, Strange, Morocco, Thomson and Mayor Diodati opposed. ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson that the Wainfleet Resolution asking that the NPCA Board consider obtaining an independent third party audit, such as a value-for-money audit and/or forensic audit, above and beyond their annual financial audits. to consider obtaining an independent third party audit, such as a value-for-money audit and/or forensic audit, above and beyond their annual financial audits. Motion Carried with Councillor loannoni opposed 10 Council Minutes December 13, 2016 10.Peter Merola — correspondence related to ponding issues on his property. RECOMMENDATION: Refer to Staff for a report. ORDERED on the motion of Councillor Thomson, seconded by Councillor Craitor that Peter Merola be permitted to speak. Carried Unanimously ORDERED on the motion of Councillor Thomson, seconded by Councillor Campbell that staff prepare a report. Carried Unanimously * * * * * UNFINISHED BUSINESS/ RESOLUTIONS ORDERED on the motion of Councillor loannoni, seconded by Councillor Craitor that Niagara Falls City Council indicates that it did not formally commit $10 million under the FedDev application, as part of a proposed partnership with Ryerson University; and FURTHER BE IT RESOLVED that any future partnership proposals that require the commitment of taxpayers' money be debated in an open Council meeting. Motion Defeated with Councillors Campbell, Kerrio, Morocco, Pietrangelo, Strange and Thomson opposed. * * * * * RATIFICATION OF "IN CAMERA' MATTERS (NOV. 25 SPECIAL MEETING) ORDERED on the notion of Councillor Campbell, seconded by Councillor that it was in the public interest for the city to submit a revised offer for 4343 Morrison Street and that a previous direction to staff to submit an offer of the asking price, plus $1 be approved. 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 2016-128 A by-law to amend By-law No. 2013-26 which amended By-law No. 79- 200, to remove the holding symbol (H) on the Lands shown as Part 3 on Schedule 1, to permit the use of the Lands for parking (AM-2012-002). 2016-129 A by-law to establish and regulate a Fire Department. 2016-130 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. 2016-131 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Limited Parking). 11 Council Minutes December 13, 2016 2016-132 A by-law to authorize the execution of an Extension of Agreement with Jim Pattison Industries Ltd., carrying on business as Pattison Outdoor Advertising, respecting the extension of an Agreement for the provision and maintenance of bus shelters in Niagara Falls, together with the installation of advertising thereon. 2016-133 A by-law to authorize the execution of a Fee for Service Agreement with Lions Club of Niagara Falls (Ontario), Canada Inc. 2016-134 A by-law to authorize the execution of a Fourth Amendment to the Agreement of Purchase and Sale between the Ontario Lottery and Gaming Corporation and The Corporation of the City of Niagara Falls, and The Canada Southern Railway Company and its lessee, CNCP Niagara- Windsor Partnership and The Niagara River Bridge Company. 2016-135 A by-law to amend By-law 89-155 and adopt a Schedule of Meetings. 2016-136 A by-law to authorize the payment of $4,514,258.99 for General Purposes. 2016-137 A by -law to hereby authorize the execution of an Ontario Community Infrastructure Fund (OCIF) Formula-Based Component Agreement (CA) between Her Majesty the Queen in right of the Province of Ontario, as represented by the Minister of Agriculture, Food and Rural Affairs and the Corporation of the City of Niagara Falls. 2016-138 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 13th day of December, 2016. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Campbell that the by-laws be given a second and third reading. Carried Unanimously NEW BUSINESS Boys & Girls Club ORDERED on the motion of Councillor Craitor, seconded by Councillor Morocco that Council enter a team into the Boys & Girls Club bonspiel. Carried Unanimously Recognition ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that Julianne Miszk be congratulated for winning 4 gold medals. Carried Unanimously Transportation Matters ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Campbell that staff review the traffic situation at Optimist Plaza/Morrison, especially the difficulty of turning left out of the plaza, west of Dorchester Road Carried Unanimously 12 Council Minutes December 13, 2016 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that staff find out if the Region has begun the process to connect Hwy #405 to Concession Road #6. Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Campbell that staff report back on possible traffic measures in the St. James/ St. Peter area prior to the future re-zoning application in the area. Carried Unanimously * * * * * OREDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the meeting be adjourned at 9:05 p.m. Carried Unanimously * * * * * DEAN IORFIjle/14A—)/AVZ--- , CITY CLERK JAMES DIODATI, MAYOR 13