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05/14/2019Niagara MINUTES BOAlls City Council Meeting NADA Tuesday, May 14, 2019 Council Chambers 5:00 PM COUNCIL PRESENT: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Carolynn loannoni, Councillor Vince Kerrio, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson, Councillor Chris Dabrowski, and Councillor Lori Lococo COUNCIL ABSENT: COUNCIL LATE: 1 IN CAMERA SESSION OF COUNCIL - 3:30 PM a) In Camera Resolution ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Vince Kerrio that Council enter into an In Camera session. Carried Unanimouslv 2 CALL TO ORDER O Canada -Performed by: Samantha Antonio 3 ADOPTION OF MINUTES a) Council Minutes of April 30, 2019 ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the minutes of April 30, 2019 be approved as recommended. Carried Unanimouslv 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 Mike Strange indicated a pecuniary interest to agenda item Page 1 of 16 11.6, Proclamation Request - 13oxRun Charitable Foundation as he is the founder of the foundation. b) Councillor Vince Kerrio indicated a pecuniary interest to agenda item 8.4, CD -2019-06 - Commercial Parking Lot Report. 5 MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati announced that the City is currently recruiting for lifeguards. The City's 5 pools are set to open for the summer on June 28th. The City is looking for an additional 10 lifeguards to join the crew (higher/raised wages and uniforms provided). Link is: niagarafalls.ca/jobs b) Mayor Diodati recognized the following upcoming event: Swing Hard for Hospice Niagara on Monday, June 24th at 12 noon at Legends on the Niagara. $200.00 per golfer. To register: hospiceniagara.ca/swinghard. Sponsorships are also available. c) Mayor Diodati mentioned The Soup Kitchen -Niagara Falls Community Outreach, Volunteer Appreciation Event at the Gale Centre on Wednesday, May 22 from 9:30 am to 11:00 am. d) Mayor Diodati recognized Councillor Dabrowski for attending the Connect Conference Opening Ceremonies and for attending the Grand Opening Anic Automotive Inc. e) Mayor Diodati recognized Councillor Thomson for acknowledging Jackie Phillips, 35 year employee with Travel Ontario with a retirement presentation. f) Mayor Diodati recognized Councillor Pietrangelo for attending the Annual Cover the Kids Run. g) Mayor Diodati recognized Councillor Lococo for attending the opening of Art Exhibit -Opening the Doors to Dialogue by Sam Thomas and for attending the Grand Opening of "Catch the Moment" Life Casting School of Art. h) The next Council meeting is scheduled for Tuesday, June 4, 2019, APPOINTMENTS/PRESENTATIONS City Council May 14, 2019 Page 2 of 16 a) YMCA Update Cathyann White, YMCA, Vice President Health, Fitness and Aquatics, along with Mario Madia, Vice President of Finance and Kyle Barber, Chief Executive Officer, provided Council with an update on the improvements to the YMCA space, memberships and new programs/services. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Vince Kerrio that Council receive the presentation made by Cathyann White, Mario Madia and Kyle Barber, for information. Carried Unanimouslv b) R&C-2019-10 Allister Young Arts & Culture Endowment Fund 2019 Recipient Dino Fazio, co-chair of the Culture Committee, accompanied by Laurie Moffat, co-chair of the Culture Committee, presented the Allistair Young Award to Ashlee Standish. The report recommends that Council acknowledge Ashlee Standish as the 2019 Allister Young Arts & Culture Endowment Fund recipient. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimouslv c) Recreation Committee Bonnie Brady, Vice Chair of the Recreation Committee, gave a brief update about the events planned for June, which is Recreation & Parks Month. d) Proclamation Request Staff recommended that Council proclaim the month of June as Recreation & Parks Month. RECOMMENDATION: That Council approve the request. ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Wayne Thomson that the City recognize the month of June as Recreation & Parks Month. City Council May 14, 2019 Page 3 of 16 Carried Unanimously e) Project Share Recognition Diane Corkum, Executive Director of Project Share, was in attendance and thanked Council for supporting the "Wear Red Campaign." ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Lori Lococo that Council receive and file the information presented by Diane Corkum, Carried Unanimously f) Trillium Gift of Life Network Carol Morningstar, of Life Donation Awareness Association of Niagara gave a brief presentation to Council regarding organ and tissue donation registration. RECOMMENDATION: That Council receive and file the information presented. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Lori Lococo that Council receive and file the presentation and to promote the importance of organ donation by promoting the website in our City newsletter. Carried Unanimously g) Niagara Regional Official Plan Update Dave Heyworth, Official Plan Policy Consultant presented to Council a presentation including background information regarding the creation of the new Regional Official Plan, an update on the status of the priority background studies, and an overview of the consultation timeline framework. Sean Norman, Senior Planner, updated Council with a presentation providing an overview of the natural environment background study completed for the new Regional Official Plan. RECOMMENDATION: That Council receive and file the information presented. City Council May 142 2019 Page 4 of 16 ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that Council receive and file both reports from the Region presented by Dave Heyworth, Official Plan Policy Consultant and Sean Norman, Senior Planner. Carried Unanimously PLANNING MATTERS Councillor Carolynn loannoni left at 6:37 p.m. and did not return. a) Public Meeting PBD -2019-31 AM -2019-003, Zoning By-law Amendment Application 6490 Murray Street Applicant: Tam Nguyen The report recommends that Council approve the Zoning By-law amendment application to rezone the land to a site specific Residential Two (R2) zone to permit the construction of a semi-detached dwelling. Alex Herlovitch, Director of Planning and Development gave an overview of the background report PBD -2019-31. Tam Nguyen, owner and applicant, was present and available to answer any questions. The Public Meeting was closed. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the report be approved as recommended. Carried Unanimously (Councillors loannoni Dabrowski and Strange were absent from the vote) b) Public Meeting PBD -2019-32 AM -2019-002, Zoning By-law Amendment Application 4683 Dorchester Road Applicant: Matthew Tokuc Agent: Al Heywood City Council May 14, 2019 Page 5 of 16 The report recommends that Council approve the Zoning By-law amendment application to rezone the lands to a site specific Residential R1 E Density (R1 E) zone, in part, and Residential Two (R2) zone, in part, to permit a detached dwelling on a portion of the lands and recognize the existing duplex located on the balance of the lands, subject to the regulation outlined in this report. Alex Herlovitch, Director of Planning and Development, gave an overview of the background report PBD -2019-32. Matthew Tokuc, applicant and owner of property, was present and available to answer any questions. The Public Meeting was closed. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Vince Kerrio that the report be approved as recommended. Carried Unanimously (Councillors loannoni and Pietranaelo were absent from the vote) REPORTS/PRESENTATIONS a) R&C-2019-11 Framework for Recreation in Canada Kathy Moldenhauer, Director of Recreation & Culture, will speak to the report. The report recommends that City Council endorse the Framework for Recreation in Canada and that the Framework guides the future strategic direction for the Recreation & Culture Department. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Wayne Thomson that the report be approved as recommended. Carried Unanimously (Councillor Carolynn loannoni was absent from the vote b) R&C-2019-08 Civic Recognition Policy The report recommends that Council approve the revised Civic City Council May 14, 2019 Page 6 of 16 Recognition Policy. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Chris Dabrowski that the report be approved as recommended. Carried Unanimously (Councillor Carolvnn loannoni was absent from the vote c) CAO -2019-07 Affordable Housing Development Partnership The report recommends the following: 1. That staff be authorized to partner with the Regional Municipality of Niagara to solicit competitive bids from not-for-profit partners for the construction of an affordable housing development at 4500 Park Street. 2. That staff authorized to complete the record of site condition on the subject property. ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Wayne Campbell that the report be approved as recommended. Carried Unanimously (Councillor Carolvnn loannoni was absent from the vote d) CD -2019-06 Commercial Parking Lot—Conditional Approval Protocol The report recommends the following: 1. That Council approve Staff issuing conditional commercial parking lot licences for lots which have been paved prior to an application for a licence , and where the applicants are actively working towards meeting the intentions of the bylaw requirements. 2. That staff monitor the situation and report back to Council prior to the next licensing period, on any additional by-law amendments or changes to parking lot standards. City Council May 142 2019 Page 7 of 16 3. That the licensing fee for a Commercial Parking Lot be increased from $100 to $250 in 2020. ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Victor Pietrangelo to allow Janasheethan Tharmalingam, owner of parking lot at 5038 Centre Street and Morshed Imam, owner of parking lot at 4689 Bender Street to address Council to speak to report. Carried Unanimously (Councillor Carolvnn loannoni was absent from vote ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously (Councillor Carolvnn loannoni and Councillor Wayne Campbell were absent from the vote and Councillor Kerrio declared a conflict of interest). e) IS -2019-01 5G Health Concerns Shawn Oatley, Web Services Administrator, addressed Council by speaking to the report. The report recommends the information be presented to Council. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Lori Lococo that the report be received and filed for the information of Council. Carried Unanimously (Councillors loannoni and Campbell were absent from the vote) PBD -2019-30 GTY-2019-001, Gateway Community Improvement Plan and Municipal Employment Incentive Program Application 6124 Don Murie Street Tire Resort Inc. City Council May 14, 2019 Page 8 of 16 The report recommends the following: 1That Council approve the Niagara Gateway CIP Tax Increment Based Grant program and Municipal Employment Incentive Program Application for 6124 Don Murie Street subject to the Owner satisfying the program requirements. 2. That Council approve the use of the Capital/Operating reserve to offset the approximate planning and building permit fees of $21,763. 3. That the Niagara Region be advised of the decision of City Council. 4. That the Mayor and Clerk be authorized to sign and execute the party grant agreement and Municipal Employment Incentive Program Agreement. ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Victor Pietrangelo that the report be approved as recommended. Carried Unanimously (Councillor Carolyn loannoni was absent from the vote 81. 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. F-2019-19 2019 Property Tax Rates The report recommends that Council approve the 2019 Property Tax Rates. F-2019-20 Final Tax Notice Due Dates for Residential, Pipeline Farmland and Managed Forest Assessment Classes The report recommends that June 28 and September 30 be approved as the City Council May 14, 2019 Page 9 of 16 2019 Final Due Dates for the Residential, Pipeline, Farmland and Managed Forest Assessment Classes. PBD -2019-34 Memorandum of Understanding for Planning Function and Services between the Niagara Region and Local Area Municipalities The report recommends that Council endorse the Memorandum of Understanding and authorize the CAO to sign on behalf of the Corporation. TS -2019-15 Crosswalk Policy The report recommends that the attached crosswalk policy be approved. PBD -2019-33 Exemption Request to 2 -Year Waiting Period for Minor Variance 8974 Willoughby Drive and Lands to the South Legends Phase 1 and 2 Plans of Vacant Land Condominium Owner: Silvergate Homes Limited Agent: Jennifer Vida, Upper Canada Consulting The report. recommends that subject to subsection 45(1.4) of the Planning Act, 1990 R.S.O., Council consider passing the resolution on tonight's agenda to grant an exemption to the 2 -year waiting period for minor variances and thereby allow Silvergate Homes Limited to file an application to the City's Committee of Adjustment for the Legends Phases 1 and 2 Plans of Vacant Land Condominium. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Chris Dabrowski that the reports are approved as recommended. Carried Unanimously (Councillor loannoni was absent from the vote) 9 RESOLUTIONS a) PBD -2019-33 Exemption Request to 2 -Year Waiting Period for Minor Variance 8974 Willoughby Drive and Lands to the South Legends Phase 1 and 2 Plans of Vacant Land Condominium Owner: Silvergate Homes Limited City Council May 14, 2019 Page 10 of 16 Agent: Jennifer Vida, Upper Canada Consulting THEREFORE BE IT RESOLVED that subject to subsection 45(1.4) of the Planning Act, 1990 R.S.O. Council consents to an exemption to the 2 -year waiting period for minor variances and thereby allows Silvergate Homes Limited to file an application to the City's Committee of Adjustment for the development of the Legends Phase 1 and Phase 2 Plans of Condominium that is regulated by By-law No. 2018-110. ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Chris Dabrowski that the communication be approved. Carried Unanimouslv (Councillor loannoni was absent from the vote) ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Wayne Campbell that Council approve the report (PBD -2019- 33) as recommended. Carried Unanimouslv (Councillor loannoni was absent from the vote) 10 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK a) Weekly Paper Flyer Delivery -Correspondence from a resident about the littering around his neighbourhood as a result of the weekly paper flyer delivery. RECOMMENDATION: That the matter be referred to staff for a report. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the matter be referred to staff for a report. Carried Unanimouslv (Councillor loannoni was absent from the vote) b) Mother's Against Drunk Driving -Possible erection of signs at specific intersections. RECOMMENDATION: Refer to Staff for a report for next meeting. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Victor Pietrangelo that the matter is referred to Staff for a City Council May 14, 2019 Page 11 of 16 report for next meeting. Carried Unanimously (Councillor loannoni was absent from the vote) c) Flag Raising -Pride Niagara is requesting a flag raising cermony on Monday, June 3, 2019 in recognition of Niagara Pride Week 2019 (Saturday, June 1 - Saturday, June 8) to show support and unity in the continued journey of making the Niagara Region a fantastic place to live for the LGBT and community. RECOMMENDATION: That Council approve the request. ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Lori Lococo that Council approve the request by holding a flag raising ceremony on Monday, June 3, 2019 in recognition of Niagara Pride Week (June1st - June 8th) to show support and unity in the continued journey of making the Niagara Region a fantastic place to live for the LGBT and community. Carried Unanimously (Councillor loannoni was absent from the vote) d) Proclamation Request -Apraxia Awareness Day The proclamation request is to recognize May 14th, 2019 as Apraxia Awareness Day to support childhood apraxia of speech, a challenging speech disorder. RECOMMENDATION: That Council approve the request. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Sfrange that Council approve the request to recognize May 14th, 2019 as Apraxia Awareness Day to suport childhood apraxia of speech, a challenging speech disorder. Carried Unanimously (Councillor loannoni was absent from the vote) e) Proclamation Request -National Public Works Week Staff is recommending the week of May 19-25, 2019 as "National Public Works Week." City Council May 1412019 Page 12 of 16 RECOMMENDATION: That Council approve the request. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Victor Pietrangelo that Council approve the request by declaring the week of May 19-25 as "National Public Works Week. " Carried Unanimously (Councillor loannoni was absent from the vote) f) Proclamation Request - BoxRun Charitable Foundation On behalf of the BoxRun Charitable Foundation, requesting to have September declared as "Childhood Cancer Awareness Month." Niagara Falls Illumination Board has approved the request to illuminate the Falls in gold on September 1, 2019 at 10:00 P.M for 15 minutes to recognize World Childhood Cancer Month. RECOMMENDATION : That Council approve the request. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that Council approve the request to have September declared as "Childhood Cancer Awareness Month." Carried Unanimously (Councillor loannoni was absent from the vote and Councillor Strange declared a conflict) g) Niagara Region -Report PDS 17-2019, Niagara Housing Statement: Affordable Housing Data RECOMMENDATION: That Council receive the report for information. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Victor Pietrangelo RECOMMENDATION: That Council receive the report for information. Carried Unanimously (Councillor loannoni was absent from the vote) h) Regional Niagara -Various Correspondence -Bill 142 -Construction Lien Amendment Act, 2017 -2019 Property Tax Policy, Ratio and Rates City Council May 1412019 Page 13 of 16 RECOMMENDATION: For the information of Council. ORDERED on the motion of Councillor Vince Kerrio, Seconded by Councillor Wayne Campbell that Council receive the information. Carried Unanimously (Councillor loannoni was absent from the vote) Fallsview BIA -requesting approval of the 2018 budget. RECOMMENDATION: For the approval of Council. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that Council approve ad recommended. Carried Unanimously (Councillor loannoni was absent from the vote) 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 set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2019. A by-law to amend By-law No. 79-200, to permit a townhouse dwelling and a 4 storey apartment dwelling on the Lands (AM -2016-019). (Schedule added) A by-law to amend By-law No. 79-200, to permit the development of 5 townhouse dwelling units and asemi-detached dwelling on part of the Lands, and to protect the 100 year flood plain and a buffer on the balance of the Lands (AM -2018-024). A by-law to amend By-law No. 79-200, to rezone the Lands for prestige industrial type uses and to protect a watercourse and valley in the rear of the Lands (AM -2018-027). (Schedule added) A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Stop Signs At City Council May 14, 2019 Page 14 of 16 Intersections) A By-law to amend By-law No. 2016-108, a by-law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of water rates. 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. A by-law to authorize an application to The Regional Municipality of Niagara for the issuance of debentures for The Corporation of the City of Niagara Falls for the purpose of paying for the renovation of 4343 Morrison Street. A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 14th day of May, 2019. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the by-laws be read a first, second and third time and passed. Carried Unanimously (Councillor loannoni was absent from the vote) 11 NEW BUSINESS a) Provincial Cuts ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Lori Lococo that the City of Niagara's Falls' Finance Department provide feedback on the recent provincial cuts and what effect they have on the City's 0% tax increase. Carried Unanimously (Councillor loannoni was absent from the vote), b) Bill 108 City Council May 14, 2019 Page 15 of 16 ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski that Planning staff report back to Council on the effects of the Province's Bill 108 on our municipalities. Carried Unanimously (Councillor loannoni was absent from the votel 12 ADJOURNMENT a) Adjournment ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Chris Dabrowski that the meeting be adjourned at 7:52 p.m. Carried Unanimously (Councillor loannoni was absent from vote ayor City Clerk City Council May 14, 2019 Page 16 of 16