Loading...
01-28-2020 Niagara MINUTES City Council Meeting .Falls Tuesday, January 28, 2020 Council Chambers CANADA 5:00 PM COUNCIL PRESENT: Mayor Jim Diodati, Councillor Mike Strange, Councillor Wayne Thomson, Councillor Chris Dabrowski, Councillor Lori Lococo, Councillor Victor Pietrangelo, Councillor Wayne Campbell COUNCIL ABSENT: Councillor Carolynn loannoni, Councillor Vince Kerrio STAFF PRESENT: Alex Herlovitch, Donna Jaques, Erik Nickel, Karl Dren, Kathy Moldenhauer, Tiffany Clark, Ken Todd, Bill Matson, Heather Ruzylo 1. IN CAMERA SESSION OF COUNCIL - 4:00 PM 1.1. Resolution to go In-Camera ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Chris Dabrowski that Council enter into an In-Camera session. Carried Unanimously (Councillor Carolynn loannoni and Councillor Vince Kerrio were absent from the vote). 2. CALL TO ORDER 0 Canada - Performed by: Allessandra Dino 3. ADOPTION OF MINUTES 3.1. Council Minutes of January 14, 2020 ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the minutes of January 14, 2020 be approved as recommended. Carried Unanimously (Councillor Carolynn loannoni and Councillor Vince Kerrio were absent from the vote). Page 1 of 16 City Council January 28, 2020 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. None to report. 5. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences on the passing of Nick Ross. • Nick Ross was a retired Niagara Regional Police Officer, having served more than 30 years. • He was a WWII and Korean War Veteran. • He was committed to community service and one of the founders of the long-loved Blossom Festival and Blossom Festival Parade. • He was the first captain of the Police Tug of War team on the Rainbow Bridge where participants from Niagara Falls NY and Niagara Regional police still face off annually today. b) Mayor Diodati recognized Councillor Wayne Campbell for attending the 40th Birthday celebration and certificate presentation to Tina Myers. c) Mayor Diodati recognized the recent Annual Sports Wall of Fame acknowledging the 5 inductees. d) The next Council meeting is scheduled for Tuesday, February 11, 2020. 6. APPOINTMENTS / PRESENTATIONS All speakers are reminded that they have a maximum of 5 minutes to make their presentation. 6.1. 2020 Parking Budget Tiffany Clark, Director of Finance, provided an overview of the 2020 Parking Budget. The report recommends that Council approve the 2020 proposed parking budget as presented. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that Council approve the proposed 2020 Parking Budget as presented. Carried Unanimously (Councillor Carolynn loannoni and Councillor Vince Kerrio were absent from the vote). Page 2 of 16 City Council January 28, 2020 6.2. MW-2020-01 (Report added) Confirmation of Niagara Falls Enhanced and Optional Enhanced Collection Services for Niagara Region's New Waste Management Collection Contract The report recommends the following: 1. That Council provide feedback to the Regional Municipality of Niagara per their request regarding Enhanced and Optional Enhanced Collection Services pertaining to the new Regional Waste Collection Contract. 2. That Council consider the Staff recommendation for Enhanced and Optional Enhanced Collection Services as follows, and as further described in Report MW-2020-01: Recommended • Option 1A - Public Space Litter Bin Collection (partial-Year Daily) • Option 2A - Public Space Recycling Bin Collection (Partial - Year Daily) • Option 3 - Seven (7) Curbside Garbage Containers per Property, per Week, for Industrial, Commercial & Institutional (ICI) and Mixed-Use (MU) properties Inside DBAs. • Option 4 - Eight (8) Additional Curbside Containers per Property, per week for Food & Lodging properties only Inside DBAs. Not Recommended • Alterative 1 - Public Space Litter Bin Collection (Full - Year Daily) • Alternative 2 - Public Space Recycling Bin Collection (Full- Year Daily) • Option 5 - Containerized Garbage Collection at MR and MU properties • Option 6 - Six (6) Garbage Containers per Property, per Week, for MU properties outside of DBAs. • Option 7 - Bulky Goods Collection at MR and MU properties. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that Council provide feedback to the Regional Municipality of Niagara per their request regarding Enhanced and Optional Enhanced Collection Services pertaining to the new Page 3 of 16 City Council January 28, 2020 Regional Waste Collection Contract. Furthermore, that Council approve the following Enhanced and Optional Enhanced Collection Services: Option IA— Public Space Litter Bin Collection (Partial-Year Daily) Option 2A— Public Space Recycling Bin Collection (Partial-Year Daily) Option 3 — Seven (7) Curbside Garbage Containers per Property, per Week, for Industrial, Commercial & Institutional (ICI) and Mixed-Use (MU) Properties Inside DBAs Option 4— Eight(8) Additional Curbside Containers per Property, per Week for Food& Lodging Properties only Inside DBAs Option 5— Containerized Garbage Collection at MR and MU Properties Option 6— Six (6) Garbage Containers per Property, per Week, for MU Properties outside of DBAs and Furthermore, that Council's selection of Enhanced Options, and notification to the Niagara Region of the same, not preclude the City of Niagara Falls from opting out of Regional Waste Management Services at a later date. Carried Unanimously (Councillor Carolynn loannoni and Councillor Vince Kerrio were absent from the vote). 7. PLANNING MATTERS 7.1. PBD-2020-06 26CD-11-2019-005 Legends Phase 3 Plan of Vacant Land Condominium Weinbrenner Road East of Willoughby Drive Applicant: 800460 Ontario Inc. (Fred Costabile) Agent: Craig Rohe, Upper Canada Consultants The report recommends the following: 1. That the Legends Phase 3 Plan of Vacant Land Condominium be draft approved subject to the conditions in Appendix A; 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 3. 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; and Page 4 of 16 City Council January 28, 2020 4. That the Mayor and City Clerk be authorized to execute the Condominium 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. Alex Herlovitch, Director of Planning, Building and Development, gave an overview of the background report PBD-2020-06. Craig Rohe, of Upper Canada Consultants, representing the applicant, spoke in support of the staff report. Rocky Vacca, spoke to Council addressing his concerns regarding Condition 26. The Public Meeting was closed. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that the report be approved as recommended with the deletion of condition 26. Carried Unanimously (Councillor Carolynn loannoni and Councillor Vince Kerrio were absent from the vote). 7.2. PBD-2020-08 26T-11-2019-004 & AM-2019-018 Splendour Draft Plan of Subdivision and Official Plan and Zoning By-law Amendment Application Southwest Corner of McLeod and Kalar Roads Applicant: Cobas Developments Inc. (Mark Basciano) Agent: Upper Canada Consulting (William Heikoop) The report recommends the following: 1. That the application to amend the Official Plan (Garner South Secondary Plan) be approved as detailed in this report and shown on Appendix B. 2. That the application to amend the Zoning By-law be approved subject to the modifications detailed in this report; 3. That the Splendour Plan of Subdivision be draft approved subject to the conditions in the attached Appendix A; 4. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the Page 5 of 16 City Council January 28, 2020 decision have been lodged; 5. 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; and 6. 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. Alex Herlovitch, Director of Planning, Building and Development, gave an overview of the background report PBD-2020-08. William Heikoop, of Upper Canada Consulting, representing the applicant, Cobas Developments Inc., spoke in support of the staff report proposing changes to 2 conditions. The Public Meeting was closed. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski that the report be approved as recommended with adjusted wording to condition #30, to read: Cytec Canada shall not unreasonably withhold their clearance of this provision, subject to the discretion of the City Solicitor and to revise condition #19 to read: The developer maintain ownership of a designated lot of a sufficient width, not greater than 19m for a potential road connection to the west, but be subject to a 5 year reserve provision by the City with a provision for one 5 year renewal period, to be exercised at least 90 days prior to the expiry of the renewal period as may be determined at the time. If the City does not require the lot for road purposes to specifically implement an approved development plan to the west, within a maximum period of 10 years, the developer shall be permitted to apply for a residential building permit(s) on the lot. The final plan of subdivision shall label this lot as `potential future road". Carried Unanimously (Councillor Carolynn loannoni and Councillor Vince Kerrio were absent from the vote). 8. REPORTS 8.1. PBD-2020-04 Matters Arising from Municipal Heritage Committee Earl Thomas House 6320 Pine Grove Ave — Proposed Severance Page 6 of 16 City Council January 28, 2020 The report recommends that Council not approve the proposed alteration of the property in the form of the severance of a portion of the property as it will impact the setting of the building on the property which is one of its most important heritage attributes. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Wayne Campbell that the report be deferred. Carried Unanimously (Councillor Carolynn loannoni and Councillor Vince Kerrio were absent from the vote). 8.2. F-2020-04 2017 Closed Capital Projects Variance Report The report recommends that Council receive the report for information and approve the recommended transfers to/from reserves/reserve funds per Attachment 1 to be applied to the 2018 year end. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Mike Strange that the report be approved as recommended. Carried Unanimously (Councillor Carolynn loannoni and Councillor Vince Kerrio were absent from the vote). 8.3. TS-2020-07 (Report added) Multi-Year Governance Agreement For the Joint Transit Procurement Facilitated By Metrolinx, 2019-2024 The report recommends the following: 1. That Council approve the Agreement for the purchase of buses and associated parts through the Metrolinx Transit Procurement Initiative for 2019- to 2024. 2. That the Mayor and City Clerk be authorized to execute the necessary Agreement. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Victor Pietrangelo that the report be approved as recommended. Page 7 of 16 City Council January 28, 2020 Carried Unanimously (Councillor Carolynn loannoni and Councillor Vince Kerrio were absent from the vote). 8.4. TS-2020-08 (Report added) Rainbow Crosswalk Request - Update The report recommends for the information of Council. Falynn Shaw recited a poem to address Council in support of the Rainbow Crosswalk. ORDERED on the motion of Councillor Chris Dabrowski, Seconded by Councillor Lori Lococo that Council allocate $1500.00 from the Transportation Services budget and to add a timeline to have it completed prior to the Pride Week Flag Raising event. Carried Unanimously (Councillor Carolynn loannoni and Councillor Vince Kerrio were absent from the vote). 9. 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. CD-2020-02 (Report added) Fee Waiver Application Niagara Falls Mayor's Youth Advisory Committee-Youth Forum The report recommends that Council approve the Fee Waiver Application for: • "Niagara Falls Mayor's Youth Advisory Committee —Youth Forum" to be held on Thursday, March 5, 2020, in the amount of$550.00 for the waiver of student transit fares to and from the event. F-2020-05 Monthly Tax Receivables Report— December Page 8 of 16 City Council January 28, 2020 The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F-2020-06 2020 Interim Tax Levy The report recommends that Council approve the 2020 Interim Tax Levy calculation and by-law providing for the 2020 Interim Tax Levy. PBD-2020-02 PLC-2019-004, Request for Removal of Part Lot Control Block 92 in Plan 59M-395 Chippawa West Plan of Subdivision Applicant: Queensway Chippawa Properties Inc. The report recommends the following: 1. That Council approve the request and pass the by-law included in tonight's agenda to designate Block 92, Registered Plan 59M-395, as exempt from Part Lot Control for a period of two years; 2. That the by-law exempting Block 92 from Part Lot Control not be registered until Queensway Chippawa Properties Inc. has conveyed Part of Block 92 (Part 1 on plan 59R-14751) to the City without charge and encumbrances, and entered into an agreement and provided securities for the construction of a fenced walkway on the land linking Tallgrass Avenue and Lyon's Creek Road to the City's satisfaction; and 3. That Council approve lifting of the easement over Part of Block 92 (Part 2 on plan 59R-14751) which was registered for emergency access until a street connection was provided to Willick Road. PBD-2020-03 Amendment to Designated Property Grant for Stone Building at the Halfway, 2358 Portage Road the report recommends that Council approve the amended Designated Property Grant Amount of$1921.00 that reflects the cost of installation and additional work necessary. PBD-2020-05 Page 9 of 16 City Council January 28, 2020 26CD-11-2018-004, Draft Plan of Vacant Land Condominium Modification to Draft Plan Approval Block 88, Plan 388, Northwest Corner of Kalar Road & Mulberry Drive Applicant: Imagine Townhomes GP Inc. Agent: Armstrong Planning & Project Management (Maria Jones) The report recommends the following: 1. That subject subsection 51(47) of the Planning Act, 1990 R.S.O., Council consider passing the resolution on tonight's agenda to deem the changes requested by Imagine Townhomes GP Inc. to the Draft Plan of Vacant Land Condominium for Block 88, Plan 388 to be minor; and determine that no further notice is required; 2. That the modified Plan of Vacant Land Subdivision be draft approved subject to the modified conditions in Appendix A; and 3. That the Mayor or designate be authorized to sign the modified draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. R&C-2020-01 2019 Annual Update from the Public Art Advisory Task Force The report recommends for the information of Council. Councillor Lori Lococo requested that Report R&C-2020-01 be pulled to allow Kathy Moldenhauer, Director of Recreation & Culture, an opportunity to address and update Council. Kathy Moldenhauer, Director of Recreation & Culture, updated Council on the Public Art Advisory Task Force. ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that all the reports but R&C-2020-01 be approved as recommended. Carried Unanimously (Councillor Carolynn loannoni and Councillor Vince Kerrio were absent from the vote). ORDERED on the motion of Councillor Lori Lococo, Seconded by Councillor Chris Dabrowski that Report R&C-2020-01 be approved as recommended. Page 10 of 16 City Council January 28, 2020 Carried Unanimously (Councillor Carolynn loannoni and Councillor Vince Kerrio were absent from the vote). 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1. Flag-Raising - Girl Guides of Canada Girl Guides of Canada are requesting a flag-raising ceremony at the Niagara Falls City Hall to recognize "World Thinking Day" on Saturday, February 22, 2020. World Thinking Day for all Girl Guides and Boy Scouts worldwide is an occasion to celebrate the birthdays of the founders, Lord and Lady Baden Powell. This year marks the 94th celebration. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Wayne Campbell that Council approve the request to hold a flag-raising ceremony at the Niagara Falls City Hall to recognize "World Thinking Day"on Saturday, February 22, 2020. Carried Unanimously (Councillors Pietrangelo, loannoni and Kerrio were absent from the vote). 10.2. Flag-Raising - Bell Let's Talk Bell is requesting a Flag-Raising ceremony on Wednesday, January 29, 2020 in Niagara Falls as a way for our City to show support for "Bell Let's Talk Day" and mental health in our community. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Wayne Campbell that Council approve the request by holding a flag raising ceremony on Wednesday, January 29, 2020 in Niagara Falls as a way for our City to show support for "Bell Let's Talk Day"and mental health in our community. Carried Unanimously (Councillors Pietrangelo, loannoni and Kerrio were absent from the vote). 10.3. Town of Deep River - Resolution Supporting Premiers Developing Small Modular Technology Resolution from the Council of the Town of Deep River to all Provincial Page 11 of 16 City Council January 28, 2020 Premiers in support of the development of Small Modular Nuclear Reactor Technology as a green energy solution scalable to small, medium and large sized communities worldwide. RECOMMENDATION - For the Information of Council. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Lori Lococo that Council receive and file the correspondence for information. Carried Unanimously (Councillors Pietrangelo, loannoni and Kerrio were absent from the vote). 10.4. Regional Niagara -Various Correspondence RECOMMENDATION - For the Information of Council. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that Council receive and file the correspondence for information. Carried Unanimously (Councillors Pietrangelo, loannoni and Kerrio were absent from the vote). 10.5. Boys and Girls Club of Niagara - Champions for Children Gala Taking place Thursday February 13, 2020 from 6:00pm to 10:00pm at Ruth's Chris Steakhouse. Cost: $130 + tax per person, tables of 8 RECOMMENDATION - For the Information of Council. ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Wayne Campbell that Councillors have the option to purchase individual tickets for the Gala on February 13, 2020 to support the event. Carried Unanimously (Councillors Pietrangelo, loannoni and Kerrio were absent from the vote). 11. RESOLUTIONS Page 12 of 16 City Council January 28, 2020 11.1. Resolution - 26CD-11-2018-004, Draft Plan of Vacant Land Condominium Modification to Draft Plan Approval Block 88, Plan 388, Northwest Corner of Kalar Road & Mulberry Drive Applicant: Imagine Townhomes GP Inc. Agent: Armstrong Planning & Project Management (Maria Jones) ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Mike Strange that the resolution be approved. Carried Unanimously (Councillors Pietrangelo, loannoni and Kerrio were absent from the vote). 12. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by- law listed for Council consideration. 2020- A by-law to provide an interim levy of realty taxes. 9 - 2020- A by-law to amend By-law No. 89-2000, being a by-law to regulate 10 - parking and traffic on City Roads. (Parking Prohibited, Stop Signs at Intersections, Heavy Vehicle Restriction) 2020- A by-law to designate Part of Block 92 on 59M-395, designated as Part 11 - 2 on 59R-14751, not be subject to part-lot control (PLC-2019-004). 2020- A by-law to adopt, ratify and confirm the actions of City Council at its 12 - meeting held on the 28th day of January, 2020. ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski that Council defer the proposed by-law 2020-12 - (A by-law to authorize the execution of an Agreement of Purchase and Sale with Walker Aggregates Inc. as Purchaser and The Corporation of the City of Niagara Falls as Vendor, for the sale of certain lands located in the City of Niagara Falls, legally described as Road Allowance between Township Lot 120 & 136 Stamford (Closed by Bylaw SN356642), and, Part Township Lot 119 Stamford; Part Township Lot 120 Stamford being Upper's Lane lying between Thorold Townline Road Page 13 of 16 City Council January 28, 2020 & Beechwood Road). Carried Unanimously (Councillors Pietranqelo, loannoni and Kerrio were absent from the vote). ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Thomson that the by-laws be read a first, second and third time and passed. Carried Unanimously (Councillor Carolynn loannoni and Councillor Vince Kerrio were absent from the vote). 13. NEW BUSINESS a) Stop Sign Review ORDERED on the motion of Councillor Wayne Campbell, Seconded by Councillor Wayne Thomson that Staff bring back a report regarding the possibility to reduce the number of stop signs throughout the City, to be replaced with yield signs and how this might reduce our carbon footprint. Carried Unanimously (Councillor Carolynn loannoni and Councillor Vince Kerrio were absent from the vote). b) Lyme Disease Awareness ORDERED on the motion of Councillor Mike Strange, Seconded by Councillor Wayne Campbell that staff/Councillors meet with the 2 School Board Trustees and find out what awareness, if any, is circulated to our elementary and high school students about early detection of Lyme disease and prevention. And that staff reach out to our own Provincial and Federal Health Ministers (MPP Christine Elliott and MP Patty Hajdu) to find out what remedies are being taken or forthcoming, for treating Lyme disease. Carried Unanimously (Councillor Carolynn loannoni and Councillor Vince Kerrio were absent from the vote). c) Public Meeting Updates - re: ICBL - Cannabis ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Page 14 of 16 City Council January 28, 2020 Councillor Wayne Campbell that Council direct Staff to have a notice posted to the City's website to register for updates on Public Meetings, related to Cannabis and the ICBL (Interim Control By-law). Carried Unanimously (Councillor Carolynn loannoni and Councillor Vince Kerrio were absent from the vote). d) Traffic Study Review ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Chris Dabrowski that Council request a report back from Staff on findings of the traffic study with regards to speed humps done in the area of McLeod and Kalar Roads, particularly St. Michael Avenue. Carried Unanimously (Councillor Carolynn loannoni and Councillor Vince Kerrio were absent from the vote). 14 RATIFICATION OF IN-CAMERA a) Ratification of In-Camera ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by Councillor Wayne Campbell that Council formally request that the Regional Municipality of Niagara allow the City to opt out of waste management services being offered by the Region, allowing the City the opportunity to directly provide waste management services to the City of Niagara Falls. Carried Unanimously (Councillor Wayne Thomson was opposed and Councillor Carolynn loannoni and Councillor Vince Kerrio were absent from the vote). 14. ADJOURNMENT a) Adjournment ORDERED on the motion of Councillor Wayne Thomson, Seconded by Councillor Chris Dabrowski that the meeting be adjourned at 7:26 pm. Carried Unanimously (Councillor Carolynn loannoni and Councillor Vince Kerrio were absent from the vote). Page 15 of 16 City Council January 28, 2020 Mayor City Clerk Page 16 of 16