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08/13/2013 SCHEDULE FOR AUGUST 13, 2013 4:00 In Camera Committee Room # 2 5:00 Council Meeting Council Chambers a oae Al sSAGA pµlt. The City of Niagara Falls, Ontario Resolution August 13, 2013 No. Moved by Seconded by WHEREAS all meetings of Council are to be open to the public; and WHEREAS the only time a meeting or part of a meeting may be closed to the public if the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act, 2001. THEREFORE BE IT RESOLVED THAT on August 13, 2013, at 4:00 p.m., Niagara Falls Council will go into a closed meeting, prior to their regularly scheduled meeting at 5:00 p.m. to consider matters that fall under the subject matter of 239(2)(f), advice subject to solicitor-client privilege regarding 4171 Fourth Avenue and the OLG Municipal Contribution Agreement, and a matter that falls under the subject matter of 239(2)(d) labour relations. Carried Unanimously AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR Niagara,Falls COUNCIL MEETING August 13. 2013 PRAYER: Councilor Gates ADOPTION OF MINUTES: Council Minutes of July 9 & 23, 2013 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. 5:00 - 7:00 P.M. PROPERTY MATTERS Mayor Diodati will request whether there is anyone present that has an interest respecting the property matter. 1. L-2013-32 - Marineland Proposed Lease from the City of Two Additional Parcels; One abutting the Main entrance; and the other being the WEGO bus stop Part of Portage Road. REPORTS 1.a) PBD-2013-51 - Matters Arising from the Municipal Heritage Committee, 7565 Lundy's Lane - former School of Green's Corners 1.b) CD-2013-05 - 7565 Lundy's Lane NOTE: Felix Pingue has requested to speak to the matter. 2. R&C-2013-14 - Artificial Turf Field Options NOTE:Any items not completed by 7:00 p.m.will be considered after deputations and public meetings under the Planning Act. - 2 - PRESENTATIONS/DEPUTATIONS 7:00 P.M. Coast to Coast 2013, National Kids Cancer Ride Neil Babbage, a local resident, will inform Council of his initiative to cycle across Canada to raise money to fight cancer. PLANNING MATTERS Public Meeting AM-2013-011, Zoning By-law Amendment Application 6218 Dorchester Road Applicant: Mile Manojlovich Agent: Brian Sinclair Expansion to an Existing Apartment Building Recommendation Report: PBD-2013-53 - AND- Correspondence from Brian Sinclair Correspondence from Tony Baldinelli Correspondence from various residents Public Meeting AM-2013-012, Zoning By-law Amendment Application 6570 Frederica Street Applicant: 800460 Ontario Ltd. (Eric Henry) Agents: Rocco Vacca, Sullivan Mahoney LLP and Al Heywood, Matthews, Cameron, Heywood Surveying Proposed 40 Unit Townhouse Development Recommendation Report: PBD-2013-54 Public Meeting AM-2013-009, Zoning By-law Amendment Application 8056 McLeod Road Applicant: Urban & Environmental Management Inc. Owner: John Lee Proposed 125 Unit, 12 Storey Apartment Building Recommendation Report: PBD-2013-56 - 3 - Public Meeting SBA-2013-001 -Proposed Housekeeping Revisions to the Sign By-law Recommendation Report: PBD-2013-52 MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Royal Canadian Legion Branch 51 - requesting the week of September 15-21,2013 be proclaimed as "Legion Week" in the City of Niagara Falls and that a flag raising occur on September 16, 2013. RECOMMENDATION: For the Approval of Council 2. India Independence Day- requesting that August 15, 2013 be proclaimed as "India Independence Day" and that the flag of India be raised on that day. RECOMMENDATION: For the Approval of Council 3. Arts & Culture Committee - requesting Council approve replacement committee members. RECOMMENDATION: For the Approval of Council 4. Daily Planet /Downtown BIA - requesting a grant equal to the road closure fees associated with the 15`h Annual Miles for Smiles Charity Poker Run. RECOMMENDATION: For the Consideration of Council 5. Alzheimer's Society - requesting support of a national dementia care strategy. RECOMMENDATION: For the Approval of Council 6. Ombudsman Ontario- letter outlining the office's findings related to February, 2013 closed meeting complaints. RECOMMENDATION: For the Information of Council Additional Items for Council Consideration: The City Clerk will advise of any items for Council consideration - 4 - RATIFICATION OF "IN CAMERA" MATTERS REPORTS 1. CAO-2013-04 OLG Modernization Update, Municipality Contribution Agreement CONSENT AGENDA THE CONSENT AGENDA IS A SET OF RE PORTS 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-2013-44 - Municipal Accounts F-2013-45 - Monthly Tax Receivables Report HR-2013-03 - Employee Benefits - Sun Life Assurance Company of Canada L-2013-30-Ontario Power Generation Inc. Licence Amending Agreement with the City Chippawa Boat Ramp. L-2013-31 - Consent to Assignment of Lease, 4071 Bridgewater Street. Sheridan Wayne and Joanne) to McKinley (Mary-Ann) MW-2013-39 - Portage Road/Rail Corridor Maintenance Agreement, 2095527 Ontario Limited, c.o.b. as Fallsvew Group (Menechella) MW-2013-41 - Asphalt Overlay Phase 2, Tender Award - Contract#2013-03 PBD-2013-55 - Official Plan 5 Year Review PBD-2013-57-Update Concerning Appeal of Regional Policy Plan Amendment 2-2009. TS-2013-33 -Transit Agreement with Niagara College Student Administrative Council TS-2013-36 - Transit Agreement with the Town of Fort Erie - 5 - TS-2013-32 - Portage Road Re-alignment - Fallsview Blvd. to Marineland Pwy. Request for Proposal* *deferred from July 9, Council meeting RESOLUTIONS THEREFORE BE IT RESOLVED that Niagara Falls City Council urge the Provincial Government to restore the proposed cuts to the Apprenticeship Training Tax Credit(ATTC) Program. * * * * * BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-laws listed for Council consideration. 2013-121 A by-law to authorize the execution of a Lease Agreement with Marineland of Canada Inc. respecting the leasing of a specified area of Portage Road abutting the main entrance to Marineland. (HAND OUT) 2013-122 A by-law to authorize the execution of a Lease Agreement with Marineland of Canada Inc. respecting the leasing of a specified area of Portage Road located at the WEGO bus stop at Marineland. (HAND OUT) 2013-123 A by-law to authorize the execution of an Agreement with 2095527 Ontario Limited, carrying on business as Fallsview Group, respecting the landscaping, maintenance and use of a portion of the former CP Rail lands owned by the City. 2013-124 A by-law to authorize the execution of a Licence Amending Agreement with Ontario Power Generation Inc., respecting the use of its land for public recreation, motor vehicle parking and to operate a boat ramp. 2013-125 A by-law to provide for the adoption of Amendment No. 111 to the City of Niagara Falls Official Plan as approved by the Ontario Municipal Board (AM- 2010-008). 2013-126 A by-law to amend By-law No. 79-200, in accordance with an Order issued by the Ontario Municipal Board dated June 26, 2013, to regulate street townhouses, semi-detached and single detached dwellings with frontage on Cropp Street and Pettit Avenue and multiple apartment dwellings with frontage and access from same, subject to specific regulations as set out herein (AM- 2010-008). - 6 - 2013-127 A by-law to amend By-law No. 79-200, to guide the development of the Windylane Plan of Subdivision on the Lands (AM-2013-006). 2013-128 A by-law to amend By-law No. 2008-224, being a by-law to prohibit or regulate the placing or erecting of signs, notices, and advertising devices on public and private property within the City of Niagara Falls. 2013-129 A by-law to hereby authorize the Mayor and Treasurer to execute a Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry") and the City of Niagara Falls (the"Municipality") Related to Funding Provided by the Province of Ontario (the "Province") to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program. 2013-130 A by-law to authorize the execution of an Agreement with the Federation of Canadian Municipalities (FCM) and the Regional Municipality of Niagara respecting the Federation of Canadian Municipalities'2014 Annual Conference and Trade Show, May 30 to June 2, 2014. 2013-131 A by-law to authorize the execution of an Agreement of Purchase and Sale with the Estate of Edward Cecchini, respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. 2013-132 A by-law to authorize the payment of$15,867,936.07 for General Purposes. 2013-133 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 13`h day of August, 2013. NEW BUSINESS