04/10/2018Nl[.l��i � / MINUTES
Fails � City Council Meeting
✓ CANADA Tuesday, April 10, 201 E Council Chambers 5:00 �M
COUNCIL PRESENT: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Kim Craitor,
Councillor Carolynn loannoni, Councillor Vince Kerrio, Councillor Joyce
Morocco, Councillor Victor Pietrangelo, Councillor Mike Strange, and
Councillor Wayne Thomson
COUNCIL ABSENT:
COUNCIL LATE:
1 IN CAMERA SESSION OF COUNCIL 4:00
a) In Camera Resolution, April 10, 2018
f��yel���iZ�7:7�7�:7
a) Moment of Silence for those who lost their lives in the Humboldt
Broncos Junior Hockey Team crash.
b) O Canada sung by Gioia De Leonardis.
3 ADOPTION OF MINUTES
Council Minutes of March 27, 2018.
a) Council Minutes of March 27, 2018.
ORDERED on the motion of Councillor Joyce Morocco, Seconded by
Councillor Mike Strange that the minutes be approved with amendment,
that the correspondence from Norm Puttick be referred to the Region.
Carried Unanimously
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.
a) Councillor Thomson indicated a conflict to an In Camera matter.
Page 1 of 11
til
b) Councillor Kerrio indicated a conflict to an In Camera matter and report
MW -2018-06.
c) Councillor Pietrangelo declared conflict with report L-2018-04.
MAYOR'S REPORTS, ANNOUNCEMENTS
a) Mayor Diodati extended condolences to Selene Tudini, city employee on
the passing of her father-in-law, Pasqualino Tudini; John Brough, city
employee on the passing of his brother James (Brough) Pace.
Mayor Diodati advised of the following: Niagara Falls stands behind
Humboldt, Saskatchewan, the falls glowed gold and green to support
the community, both the American and Canadian Horseshoe Falls were
illuminated. April 12th is Jersey Day at schools across districts and
many professional locations, including City Hall to show support.
The next meeting of City Council will take place, April 24, 2018.
DEPUTATIONS /PRESENTATIONS
a) Recognition of Lucas Bandi
Mayor Diodati recognized Lucas Bandi for his accomplishment, winning
the Canadian Boxing Championships in Edmonton. Mayor Diodati and
Councillor Strange presented him with an award on behalf of the City.
REPORTS
a) MW -2018-06 - Boyer's Creek Municipal Drain Re -Appointment of
Engineer under the Drainage Act Spriet &Associates
The report recommends that Council approve the appointment of Spriet
Associates as the Drainage Engineer for the Boyer's Creek Municipal
Drain Project pursuant to section 8 of the Drainage Act.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Wayne Campbell that the report be approved as
recommended.
Motion Carried with Councillor Kerrio declaring a conflict.
b) PBD -2018-23 -Extension of the Interim Control By-law Regarding
City Council
April 10, 2018
Page 2 of 11
Boarding and Rooming Houses
The report recommends that Council pass the by-law on the agenda to
extend interim control on boarding and rooming houses for an additional 12
months.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Mike Strange that the report be approved as recommended.
Carried Unanimouslv
c) TS -2018-11 -Rosedale Drive -Intersection Control Reviews
The report recommends that a stop sign is installed facing northbound
and southbound motorists on Sixth Avenue at Rosedale Drive and
facing northbound motorists on Florence Avenue at Rosedale Drive.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Mike Strange that the report be approved as recommended.
Carried Unanimouslv
d) CD -2018-03 -Adult Entertainment Appeals
The recommendations of the Adult Entertainment Appeals Committee
are as follows:
1. With respect to Licensee #AE10878, that the hearing be
adjourned without a fixed date until such time as the criminal
proceedings are resolved.
2. With respect to Licensee #AE6596, that the licence be withheld
until the condition of release requiring the licensee to maintain a
distance from the alleged victim is rescinded.
ORDERED on the motion of Councillor Joyce Morocco, Seconded by
Councillor Wayne Campbell that the report be approved as
recommended.
Carried Unanimouslv
8 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
a) Starr Valentino -requesting
that May 16,
2018
be proclaimed as " Do
Something Good
for your neighbour
Day"
in the
City of
Niagara
Falls.
City Council
April 10, 2018
Page 3 of 11
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Mike Strange that the communication be approved as
recommended.
Carried Unanimouslv
b) Celebrate Old Downtown —Cruising the Q Car Show: Cruising the Q
is entering its 5th season starting May 1, 2018. Requesting waiver of
fees associated with Road Closures, Cleaning (sweeping of Queen
Street) and Parking Permits.
RECOMMENDATION: For the Consideration of Council
ORDERED on the motion of Councillor Carolynn loannoni, Seconded by
Councillor Victor Pietrangelo that the communication be approved.
Carried Unanimouslv
c) 11th Annual Enbridge Ride to Conquer Cancer -Taking place June
9th and 10th, 2018. Requesting that Council recognize the event as a
public event of municipal significance in order to obtain a Special
Occasion Liquor Licence from the ACCO.
RECOMMENDATION: For the Consideration of Council
ORDERED on the motion of Councillor Joyce Morocco, Seconded by
Councillor Victor Pietrangelo that the communication be approved.
Carried Unanimouslv
d) Redboss Pyrotechnics —requesting approval for use of Glenview Park
for various firework displays for the Great Wolf Lodge.
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Joyce Morocco that the communication be approved as
recommended.
Carried Unanimouslv
City Council
April 10, 2018
Page 4 of 11
e) Revel Charity Ball -
Benefiting
Project
Share:
Request for funding by
purchasing a table of
10 ($1000)
for the
event
on April 27, 2018.
RECOMMENDATION: For the Consideration of Council
ORDERED on the motion of Councillor Wayne Campbell, Seconded by
Councillor Joyce Morocco that Council purchase a table and if unable to
attend a donation be made in lieu.
Carried Unanimouslv
f) Water For Life Art Exhibition- The temporary exhibition will be taking
place on May 12, 2018 at the Niagara Falls History Museum, 5810 Ferry
Street. The event, expecting to attract 200-300 invited guests, will help
support and promote the importance of water and artistic
representations of water.
Requesting that Council recognize the event as a public event of
municipal significance in order to obtain a Special Occasion Liquor
Licence from the AGCO.
RECOMMENDATION: For the Consideration of Council
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Victor Pietrangeto that the communication be approved.
Carried Unanimouslv
g) Notice of Public Meeting -Impact of Canadian National (CN) Railway
train operations within the City's urban boundary.
RECOMMENDATION: For the Information of Council
ORDERED on the motion of Councillor Joyce Morocco, Seconded by
Councillor Victor Pietrangelo that the communication be received.
Carried Unanimouslv
RATIFICATION OF IN CAMERA MATTERS
a) L-2018-03 -Overhead Pedestrian Walkways
That Council adopt the following Policy with respect to overhead
walkways occupying or intending to occupy space above the City of
City Council
April 10, 2018
Page 5 of 11
Niagara Falls public highways:
That, in the event the public walkway or intended public walkway
connects the public areas of one private building to the public
areas of another private building, such as the vestibule of a hotel
to the hallway of a hotel which is situated on the opposite side of
a City of Niagara Falls public highway, the walkway be
considered a benefit to the citizens of the City of Niagara Falls
and that no charge be made for the use of the airspace which the
overhead walkway or intended overhead walkway occupies, or is
going to occupy;
2. That the owner or owners of any public walkway or intended
public walkway that is situated in the airspace above a public
highway that is owned by the City of Niagara Falls, be required to
maintain the walkway to the satisfaction of the specified officers
of the City of Niagara Falls; and
That a private walkway or intended private walkway that connects
private areas of private buildings which are situated on opposite
sides of a public highway owned by the City of Niagara Falls
(such as a walkway connecting a condominium building to its
parking garage) should be subject to the normal rules considering
the use of municipally owned property and that a license fee be
charged for the use of the airspace that the walkway occupies.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Campbell that the recommendations contained in the
report be approved.
Motion Carried
with Councillors Thomson and Kerrio declaring a conflict
10 NEW BUSINESS
a) Lundy's Lane Sign
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Mike Strange Refer to staff to work with the Region on the
sign issue at the Lundy's Lane Animal Hospital, that is currently being
obstructed by the patio fencing of the neighbouring business.
Carried Unanimously
City Council
April 10, 2018
Page 6 of 11
b) Niagara Region -Hiring of CAO
ORDERED on the motion of Councillor Kim Craitor, Seconded by
Councillor Carolynn loannoni that Council supports the Regional review
of the hiring process of the CAO and that the results of the review be
reported on within this term of Council.
Carried Unanimously
11 PLANNING MATTERS
a) Public Meeting
AM -2017-005, City Initiated Official Plan and Zoning By-law
Amendments
Vacation Rental Units and Bed and Breakfats
Background Report: PBD -2018-19
The report recommends the following:
1. That Council approve amendments to the Official Plan in
accordance with the wording in Appendix "A" to:
o Permit Vacation Rental Units as of right on Tourist
Commercial, Major Commercial and Minor Commercial
designated lands.
o Permit Vacation Rental Units, subject to a Zoning By-law
Amendment, on the Residential, Niagara Parkway
Residential and Good General Agriculture designated
lands.
o Add definitions for Vacation Rental Units and Bed and
Breakfasts to Appendix 1 of the Official Plan.
2. That Council approve amendments to Zoning By-law Nos. 79-
200, 395, 1966 (Willoughby) and 1538, 1958 (Crowland) to:
o Define a Vacation Rental Unit and a Bed and Breakfast as
outlined in this report;
o Require 2 parking spaces for a Vacation Rental Unit with
up to 3 bedrooms, and 1 parking space per guest room
City Council
April 10, 2018
Page 7 of 11
rented out to tourists in a Bed and Breakfast as well as 1
parking space for the dwelling;
Permit a Vacation Rental Unit, with up to 3 bedrooms and
6 persons occupancy, as of right in the Tourist Commercial
(TC), General Commercial (GC) and Central Business
Commercial (CB) zones;
Permit a Bed and Breakfast, with up to 3 guest rooms for
rent, as of right in the Residential 1A Density (R1A),
Residential 1 B Density (R1 B), Residential 1 C Density
(R1 C), Residential 1 D Density (R1 D), Residential 1 E
Density (R1 E), Residential 1 F Density (R1 F), Residential
Two (R2), Residential Mixed (R3), Transition Residential
Multiple (TRM), Deferred Tourist Commercial (DTC),
Deferred Commercial (DC), Agriculture (A), Rural (R), and
Development Holding (DH) Zones of By-law No. 79-200,
the Rural, Niagara River Parkway Residential and Village
Residential Zones of By-law No. 395, 1966 and the Rural -
Agricultural Zone of By-law No. 1538, 1958;
o Permit a Bed and Breakfast, with up to 6 guest rooms for
rent, as of right in the Tourist Commercial (TC), General
Commercial (GC) and Central Business Commercial (CB)
zones; and
o Maintain any current site or area specific approvals for
cottage rental dwellings or Vacation Rental Units, tourist
homes and Bed and Breakfasts.
3. That Council approve amendments to the Licensing By-law to
add new regulatory schedules and fees for Vacation Rental Units
and Bed and Breakfasts as discussed in this report.
Alex Herlovitch, Director of Planning &Development provided Council
with a presentation.
John Beam, 6219 Johnson Dr., expressed his concerns and asked for
clarification on the bylaw and number of complaints received.
Janice Low, 7625 Green Vista Gate, is opposed to vacation rentals in
her neighbourhood but is not opposed to them in a tourist commercial
zoned area.
Vince Urbanic, 7637 Green Vista Gate, opposed to vacation rentals in a
City Council
April 10, 2018
Page 8 of 11
residential area.
David Low, 7625 Green Vista Gate, opposed to vacation rentals in a
residential area.
Joe DePalma, 7631 Green Vista Gate, opposed to vacation rentals in a
residential area.
William Nobes, 4703 McDougall Cres, expressed concern with the
repercussions on the owner for the Illegal vacation rentals.
Olga Grecevic, 7641 St Augustine Cr, expressed concerns with
enforcement and if the City had enough staffing.
Linda Manson, 4132 Cookman, believes vacation rentals should be in a
tourist commercial area.
Whitney Hark, 5090 McGlashan, wants to work with the City to operate
her business.
Noemi Jacek, 4733 Cookman Cres, is in favor of the vacation rentals in
a residential area.
Adam Ane, 4878 Armoury St, is in favor of the vacation rentals in a
residential area.
James Black, 5153 Southgate Dr., operates a vacation rental unit and
doesn't feel the areas should be restricted.
Mariya Kazmer, 613 Metler Rd, Fenwick, is supportive of the vacation
rentals.
Guy Pace, 11283 Niagara Parkway, expressed concerns with the hours
of enforcement.
Sean Hyde, 4691 River Road, are complaints investigated to prove if
accurate.
Garvin Walker, believes it's positive as it helps the economy develop.
Michael Miller, 5171 Second Avenue, opposed to vacation rentals in a
residential area.
Bryan Keenan, in favor of the vacation rental units in all areas of the
City Council
April 10, 2018
Page 9 of 11
City.
Caroline Meyer, 5309 Third Avenue, in favor of the vacation rental units,
it helps with family incomes.
Caroline Berduko, 11283 Niagara Parkway is in favor of the vacation
rental units in the proper designated area.
Robert Ainslie, 7100 McMillan Drive, in favor of the vacation rental units
but they need to be regulated.
John Clark, 6245 Clare Cr, asked for clarification on the roles of the by-
law enforcement officers.
Maria Rekrut, President &Founder, Canadian Real Estate Investors
Association, in favor of the vacation rental units and thinks more time
and discussion is needed before a final decision is made.
The Public Meeting was Closed.
ORDERED on the motion of Councillor Joyce Morocco, Seconded by
Councillor Carolynn loannoni that the report be deferred.
Motion Defeated
with Councillors Thomson, Craitor Campbell Kerrio, Strange and
Pietrangelo opposed.
ORDERED on the motion of Councillor Joyce Morocco, Seconded by
Councillor Carolynn loannoni that the staff report be approved with staff
to report back with more information on the associated fees, a phased in
period, owner versus live in manager and enforcement.
Carried Unanimously
BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to the by-
law listed for Council consideration.
ORDERED on the motion of Councillor Pietrangelo, seconded by
Councillor Strange that the by-laws be given a first and second reading.
Carried Unanimously
2018-37 A by-law to amend By-law No. 80-114, being a by-law to
City Council
April 10, 2018
Page 10 of 11
City Council
April 10, 2018
designate private roadways as fire routes along which no parking of
vehicles shall be permitted.
2018-38 A by-law to amend By-law No. 89-2000, being a by-law to
regulate parking and traffic on City Roads. (Parking Prohibited,
Stopping Prohibited, Yield Signs at Intersections, Stop Signs at
Intersections, through highways)
2018-39 A by-law to prohibit certain uses of land in the area of the City
of Niagara Falls regulated by Zoning By-law Nos. 79-200, as amended;
1538, 1958, as amended; 395, 1966 as amended; and 70- 69 as
amended.
2018-40 A by-law to
adopt,
ratify and
confirm the actions of City Council
at its meeting held on
the 10th
day of
April, 2018.
ORDERED on the motion of Councillor Pietrangelo, seconded by
Councillor Morocco that the by-laws be given a third reading and
passed. Carried Unanimouslv
12 ADJOURNMENT
a) ADJOURNMENT
ORDERED on the motion of Councillor Mike Strange, Seconded by
Councillor Joyce Morocco that the meeting be adjourned at 10:30 p. m.
Carried Unanimouslv
r
i A .
JAMES DIODATI, MAYO
BILL MATSON, ACTING CITY
CLERK
Page 11 of 11