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05/13/2014 EIGHTH MEETING REGULAR COUNCIL MEETING May 13, 2014 Council met on Tuesday, May 13, 2014 at 4:30 p.m. for an In Camera session. All members of Council, except Councillor Wing, were present. NO. 11 -DIODATI- MOROCCO- THEREFORE BE IT RESOLVED THAT on May 13, 2014 at 4:30 p.m., Niagara Falls Council will go into a closed meeting, prior to their regularly scheduled meeting at 5:00 p.m. to consider a matter that falls under s. 239(2)(f), solicitor- client advice, related to the Ministry of Training, Colleges and Universities Request for Proposal on Expanded Campuses in Under- Serviced Areas and a matter that falls under 239(2)(f), solicitor-client advice and s. 239(2)(d) labour relations related to Chair-A-Van. Following consideration of the items presented,the In Camera Session did rise and report in open session. Council met on Tuesday, May 13, 2014 at 5:25 p.m. for the purpose of considering Regular Business matters. Councillor Thomson offered the Opening Prayer. All members of Council, except Councillor Wing, were present. Councillors loannoni and Morocco were not present at the start of the meeting. ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher that the minutes of April 8 and April 30`", 2014 be approved. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Kerrio indicated a conflict to report PBD-2014-001, is on the circulation list, as he owns property near the designated area. PROPERTY MATTERS 1. L-2014-09, Declare Surplus and Convey to the Region -Part 1 on 59R-15062, Parts 1 and 4 on 59R-15063,Part 1 on 59R-15064 and Parts 1 and 2 on 59R-15069 (Stanley Avenue Reconstruction) The report recommends the following: 1. That Part 1 on 59R-15062, Partsl and 4 on 59R-15063, Part 1 on 59R-15064 and Parts 1 and 2 on 59R-15069; Niagara Falls as shown in black on Attachment "1" ("subject lands") be declared surplus and conveyed to The Regional Municipality of Niagara (the "Region") for road widening purposes. 2. That the Mayor and Clerk be authorized to execute all necessary documentation to carry out the foregoing. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the report be approved as recommended. Carried Unanimously - 2- May 13, 2014 Council Minutes 2. L-2014-10, Steel Rail Entertainment Inc. Lease ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the report be deferred. Carried Unanimously Councillor Morocco arrived. * * * * * REPORTS 1. MW-2014-02, Sylvia Place Infrastructure Improvements and Farmer's Market Development. The report recommends that Council receive this report for information purposes. ORDERED on the motion of Councillor Mayes, seconded by Councillor Pietrangelo that the report be approved as recommended. Carried Unanimously 2. F-2014-23, OLG Reserve Update The report recommends that Council authorize staff to utilize revenues from the OLG Contribution Agreement to offset projected revenue loss resulting from the change in the 2014 Regional Tax Policy. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the report be approved as recommended. Carried Unanimously Councillor loannoni arrived 5:50 p.m. 3. CD-2014-07, EpiPens The report recommends that the Public Health Department of the Regional Municipality of Niagara be formally requested to monitor the Stock Epinephrine Auto- injector Pilot Project, overseen by the City of Hamilton,through their Public Health Services and, if the pilot project is successful, consider implementing such a program in Niagara. Jackie Bordignon. On behalf of Pfizer Canada, made a presentation to Council outlining the statistics related to an related allergies and the importance of the EpiPen. She asked that the City take the lead and investigate the provision of Epinephrine Auto-injectors on Fire Trucks and at Municipal buildings and encourage the hospitality industry to stock EpiPens. Pfizer offers complimentary on-line training. Lori and Joe Brugman, 8674 Lundy's Lane, outlined her experience and how the availability of Epinephrine Auto-injectors has saved her life. Also, their restaurant caters to allergy-free products. ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the city take the lead by having staff investigate the provision of Epinephrine Auto-injectors at all City facilities, and on Fire Trucks, and consider a bulk purchase of the Epinephrine Auto-injectors Carried Unanimously PRESENTATIONS/ DEPUTATIONS Niagara Regional Broadband Network (NRBN) Bob Bryant,from Niagara Regional Broadband Network, spoke to Council about the company, which is locally owned by NPEI, a consortium of Niagara Peninsula based Utility Service Providers. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco to receive and file. Carried Unanimously - 3- May 13, 2014 Council Minutes FCM Regional Councillor Selina Volpatti updated Council on the upcoming FCM Conference being held in Niagara Falls. Allister Young Arts & Culture Endowment Fund R&C-2014-06, Allister Young Arts & Culture Endowment Fund 2014 Recipient The report recommends that Council approve Emily Andrews as the 2014 Allister Young Arts & Culture Endowment Fund Recipient. ORDERED on the motion of Councillor Morocco, seconded by Councillor Fisher that the recommended report be approved. Carried Unanimously A presentation was made to Emily Andrews, the 2014 Allister Young Arts & Culture Endowment Fund Recipient. Niagara Falls Minor Midget "A" Canucks Hockey Team A presentation was made to the Niagara Falls Minor Midget "A" Canucks Hockey Team, Ontario Minor Hockey Association champions. 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. R&C-2014-05, Skating Aids. The report recommends that Kez Skating Scooters be purchased and permitted during public skating sessions and other skating programs starting September 1, 2014. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that the report be approved and the Recreation Committee make recommendations for possibilities of recognition on the panels of the skating aids. Carried Unanimously MW-2014-20-City-Wide Beautification Contract. The report recommends the following: 1. That the City of Niagara Falls award RFQ#11-2014 - City Wide Beautification to Kelly Digs Landscaping Services Ltd and; 2. That the Mayor and City Clerk be authorized to execute the necessary agreement. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the report be approved. Carried Unanimously CD-2014-06,Attendance Records for Remunerated Position.The report recommended for the information of Council. - 4- May 13, 2014 Council Minutes F-2014-16, Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001. The report recommends that Council approve the cancellation, reduction or refund of taxes on the various accounts per the attached summary and granted to the property owners listed. F-2014-17, Monthly Tax Receivables Report. The report recommends that Council receive the Monthly Tax Receivables report for information purposes. HR-2014-01- Arbitration Award NFPFFA (Fire) Collective Agreement. The report recommends that Council be advised of the interest arbitration award involving the City of Niagara Falls and Niagara Falls Professional Fire Fighters Association, which mandates an 11.7% salary increase for a term of a collective agreement from January 1, 2011 to December 31,2014. MW-2014-18,Asphalt Overlay Phase 1,Tender Award—Contract#2014-03. The report recommends the following: 1. The contract be awarded to the lowest bidder Rankin Construction. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. MW-2014-19, Asphalt Overlay Program - Phase 2 - Tender Award — Contract#2014- 03. The report recommends the following: 1. That the contract be awarded to the lowest bidder Norjohn Contracting & Paving Ltd. 2. That the Capital Budget for Asphalt Overlay - Phase 2 be increased to $1,600,000 and that the funding for the increased amount of $500,000 be derived from the capital reserve. 3. That the Mayor and Clerk be authorized to execute the necessary contract documents. PBD-2014-26, Swimming Pool Bylaw. The report recommends that Council approve the proposed Swimming Pool By-law, listed under the By-law section, and related fee schedule. PBD-2014-30, Concurrent Consent Applications. The report recommends that Council approve the proposed fee structure for consent applications filed simultaneously with the Committee of Adjustment, $3400.00 for the first application and $510.00 for each concurrent application for the same lands. PBD-2014-31, PLC-2014-001, Request for Removal of Part Lot Control, Lot 10, Registered Plan 59M-340, Garner Village Subdivision, Applicant: Mountainview Homes. The report recommends the following: 1 . That Council approve the request and pass the by-law included in tonight's agenda to designate Lot 10 on Registered Plan 59M-340, as exempt from Part Lot Control for a period of two years. 2. That the developer be required to notify the City when the new deeds for the parcels have been registered. R&C-2014-04, 2015 Riverhawks Tournament. The report recommends that the Riverhawks Tournament be charged the youth prime rate for their 2015 tournament. TS-2014-16, Fourth Avenue — Parking Review. The report recommends the following: 1) That a "No Parking" restriction is established on the east side of Fourth Avenue between Jepson Street and Rosedale Drive. 2) That a "No Standing" restriction is established at each of the four transit stops on Fourth Avenue between Jepson Street and McRae Street. - 5- May 13, 2014 Council Minutes ORDERED on the motion of Councillor Morocco, seconded by Councillor Pietrangelo that the balance of the Consent Agenda be approved. Carried Unanimously * * * * * PLANNING MATTERS 7:00 P.M. Public Meeting PBD-2014-28-AM-2014-001,Official Plan and Zoning By-law Amendment Application 2349 Portage Road. Applicant: Elias Dremetsikas, Agent: Michael Allen, ACK Architects. Proposal: Two, 3 Storey Buildings Proposed Application Official Plan and Zoning By-law amendments are requested for a 1.1 ha (2.9 ac) site to permit the construction of two, 3-storey apartment buildings with a total of 72 units. Lands are designated Open Space, in part and Niagara Escarpment Plan, in part, in the City's Official Plan. Requested change is to Residential with a special policy area designation to limit the development to what is proposed. Lands are zoned Open Space to recognize the location of the existing building. Requested change is to Residential Apartment 5B with site specific regulations. Planning Analysis Provincial Policy Statement & Regional Policy Plan The proposed apartment building is an example of intensification that is the intent of the Provincial Policy Statement. Official Plan Lands are designated Open Space, in part, and Niagara Escarpment Plan, in part. Lands designated Open Space that are in private ownership are not intended to remain as open space, indefinitely. Lands designated Niagara Escarpment Plan Area were the result of a mapping error. This designation pre-dates a 2005 application to the north and is a remnant portion of the lands. The requested amendment is acceptable as follows: • Redesignation from Niagara Escarpment Plan Area is a housekeeping matter as the area is not under the control of the Niagara Escarpment Commission. • The lands abut Residentially designated land to the north. The requested amendment will assist in providing a wider chouse of housing in the neighbourhood. • The Official Plan permits apartment dwellings to be developed along arterial roads with densities up to 75 units/ha and heights of 4 storeys. • The requested density at 62 units per ha and height meets the intent of the Official Plan and will provide a gradation in building heights between the approved 10 storey apartment to the north and the single detached dwellings to the southeast. • The proposal is compatible with the surrounding low density housing and provides sufficient setbacks from adjacent streets. Existing and proposed services are adequate to serve the development. In addition, there are no concerns with respect to the capacity of the roads. • The use of landscaping and berms can further assists in screening the proposed buildings and parking from surrounding properties. - 6- May 13, 2014 Council Minutes Zoning The current zoning is 0S-79 which recognizes the location of the existing building and allows a private club. Given the property's proximity to a sand and gravel pit, there is the potential for particulate matter that may disturb residents. The Region has requested a further air quality analysis, beyond that which was submitted with the application. A holding provision is to be contained in the zoning by-law until this analysis is completed. Site Plan Control If the application is approved, the development will be subject to site plan control. Many of the concerns raised by the neighbours can be dealt with at this stage. (i.e. landscape strips, berms and trees to screen adjacent residents from buildings and parking, drainage, lighting and garbage disposal) Conclusion The amendments can be supported because: • Lands designated Open Space that are in private ownership are not intended to remain as open space and so designated indefinitely. When a public agency does not wish to purchase open space lands, due consideration is to be given to the most desirable use. • Lands within the urban boundary are not intended to be designated Niagara Escarpment Plan Area. This designation predates 2005 and remains on a portion of the lands from when they were located outside of the urban boundary. • The requested Residential designation is consistent with the designation of the abutting lands. • The proposal conforms with the Official Plan's policies regarding the location, density and height of apartment buildings and will assist in providing a choice of housing in the neighbourhood; and, • The requested site specific Official Plan and Zoning By-law amendments will limit the development of the site to what is proposed. The amending by-law should include holding (H) provisions prohibiting the development of the site until a further air quality analysis is completed and a Record of Site Condition is filed with the Ministry of the Environment. Recommendation That Council approve the Official Plan and Zoning By-law amendment applications to: • Redesignate the lands Open Space, in part, and Niagara Escarpment Plan Area, in part to Residential with a Special Policy Area designation to permit the development of two apartment buildings up to a maximum density of 62 units per hectare and a maximum height of 3 storeys and 13.1 m.; and, • Rezone the lands to a Residential Apartment 58 Density (R5B) zone with site specific regulations for lot area,front yard depth, building height, balcony projections and to allow 2 apartment buildings on one lot. That the zone contain a holding (H) provision prohibiting development on the land until a further air quality analysis is completed and a Record of Site Condition is filed with the Ministry of the Environment. John Bonadie, 2659 Portage Road, questioned the intensification on the property. He felt if approved there would be increased traffic and noise problems. Emilio Raimondo, representing 1251600 Ontario Limited, indicated that his clients, who have approvals on an adjacent parcel to the north, are in favour of the application but would like to be involved in the site plan process. - 7- May 13, 2014 Council Minutes Michael Allen, for the applicant, indicated that the application met the Provincial policy standards. They could have gone with a more dense single, four storey building but have designed two, less intense, three storey buildings. The buildings will be situated closer to the road for more of an urban feel. The Region, the road authority, had no concerns with the traffic impact study and the entrances to the property are at the ends to ensure flow. Required landscaping will be present and although the units will be rented, the property will be condominium-ized to allow control by the owner. The Public Meeting was closed. ORDERED on the motion of Councillor Fisher, seconded by Councillor loannoni that the recommendation report be approved and that the neighbours be involved in the site plan process. Carried Unanimously with Councillor Kerrio declaring a conflict. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the Ministry of Transportation be petitioned on access from the Highway 405 to the Q.E.W. traveling south and from the Q.E.W. to Highway 405 traveling north. Carried Unanimously Public Meeting PBD-2014-27 - AM-2013-008, Zoning By-law Amendment Application 6289-6311 McLeod Road, Applicant: Niagara Olympia Homes (George Bandi). Proposal 4 Storey, 39 Unit Apartment Building Proposed Application A Zoning By-law amendment is proposed for the 0.34 ha (0.85 ac) site on McLeod Rd to permit the construction of a 4 storey, 39 unit apartment building. Land is currently zoned Residential Apartment 5B (R5B) Density with site specific regulations permitting a 3 storey, 24 unit apartment building. The applicant is requesting the rezoning to R5D, with site specific regulations to adjust the side yard width, landscaped open space, building height and parking regulations. Planning Analysis Provincial Policy Statement & Regional Policy Plan Provincial policies require 40% of all residential development to occur through intensification within the City's built up area by the year 2015. This proposed apartment building is one such example. Official Plan Subject property is designated Residential in the Official Plan. Located on McLeod Rd which is identified as an intensification corridor where mid-rise residential buildings are anticipated. This 4 storey, 39 unit building is in keeping with the building heights and densities envisioned in this location. Incorporates design features anticipated by the Official Plan: • A rear yard setback greater than the height of the building • A roof feature to reduce the impact of a taller building • Parking in the side yard; and • Landscaped front yard to engage the street Mcleod Rd can accommodate the modest traffic anticipated from the project. - 8- May 13, 2014 Council Minutes Zoning Current zoning (R5B-828) permits 3 storey, 24 unit apartment building. Requested change to R5D with site specific regulations to accommodate a building with 4 storeys and 39 units. The 3.5 m increase in building height is to accommodate a fourth storey. The most sensitive abutting land uses are the detached dwellings to the north. • The required rear yard depth of the R5D zone is the greater either one half of the building height or 10 m. • In this case, a rear yard depth of 21 m is proposed which is double what is normally required is an R5D zone. This is being done to lessen any impact of the additional storey. Similar to the approved apartment building, the proposed apartment building includes a pitched rook that is intended to improve its appearance. Zoning Similar to the approved apartment building, the 4 storey apartment building is proposed to be sited on the west side of the property. an interior side yard of 8m is required based on building height to the top of the pitched roof whereas 6m would be required if it had a flat roof. • Since the roof is pitched and the lands to the west may develop for future apartment use a side yard of 4.8 m is acceptable. A 7% reduction in landscaping is requested to accommodate parking for the 15 additional units. Staff recommend landscaping be increased along the rear lot line to a depth of 3 m to buffer the dwellings to the north and to be consistent with the current by-law. In an effort to address concerns of residents about the visual impact of the project and a loss of privacy, the amending by-law should include a regulation requiring the erection of a 1 .8 m high wood fence along the rear and side lot lines. In keeping with the Region's recommendation a holding (H) provision should be placed on the land until a satisfactory noise study has been provided. Site Plan Control Prior to development, the proposal will be subject to Site Plan control. Matters such as stormwater management, servicing, lighting, landscaping and fencing and waste disposal will be dealt with at this stage. Conclusion The amendment can be supported as follows: • The subject land is located on McLeod Road which is identified in the City's Official Plan as an intensification corridor where mid-rise residential buildings are anticipated. • The apartment building is in keeping with the building heights and densities envisioned in this location; and • The project will be compatible with the surrounding land uses. The amending by-law should contain a holding provision prohibiting development until a noise analysis has been completed to address the Region's concerns. Recommendation That Council approve the Zoning By-law amendment application to change the zoning of the property to a site specific Residential Apartment 5D Density (R5D) zone to permit the construction of a 4 storey, 39 unit apartment building. - 9- May 13, 2014 Council Minutes That the zone include a holding (H) provision prohibiting development on the land until a noise analysis has been completed, and include regulations limiting the building to 39 units and requiring: • A 1.8m high wood fence along the rear and side lot lines; • A rear yard depth of 21 m; • A pitched roof on the building; and • A 3m wide landscape strip along the rear lot line. George Bandi, the applicant, questioned the requirement of the noise study by the Region, which he argued was without merit considering the site is already approved for a 25 unit apartment. He also requested that the 1.97 metre landscape strip at the rear lot line be accepted. The Public Meeting was closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the recommendation report be approved deleting the noise study requirement and accepting the 1.97 metre landscaping strip along the rear lot line. Carried Unanimously Public Meeting PBD-2014-29 - AM-2014-003, Zoning By-law Amendment Application 6387 Morrison Street, Applicant: 6387 Morrison Inc. (Stephen Dembroski), Agent: Rocco Vacca, Sullivan Mahoney LLP. Proposed Clinic and Retail Store Planning Analysis Rezoning has been requested to permit the establishment of a medical clinic and retail store. Subject land is currently zoned Prestige Industrial (PI) which does not permit commercial uses. NEIGHBOURHOOD OPEN HOUSE Held on April 7, 2014 and was attended by three neighbours. Neighbours sought clarification on the proposed use and if any building expansion was proposed. No objections to the proposal Some concerns regarding vehicles stopping on boulevard even though signs are posted prohibiting stopping. Official Plan Land is designated Minor Commercial Intended to be developed with wide range of small scale commercial uses to serve segment of the population. Proposed clinic, retail store and other uses permitted under the proposed zoning are permitted under Minor Commercial designation. Proposed zoning will bring property into conformity with Official Plan. Zoning Current Prestige Industrial zoning permits range of light industrial and automotive uses, but does not permit the proposed commercial uses. Zoning is requested to be changed to General Commercial (GC) zone which permits commercial uses such as a clinic and retail store. - 10- May 13, 2014 Council Minutes These uses would be more compatible with adjacent land uses than those permitted under the PI zone. CNR recommend a minimum 30 m building setback from the railway right-of-way in conjunction with 2.5 m high earthen berm and a 1.83 m. high chain link fence along the mutual property line. Site Plan Control Prior to development, proposal will be subject to site plan control. Main issue is the installation of earthen berm to satisfy CN. If gates are to be installed at entrance as pay-per-visit parking lot, amendment to current site plan would be required. Conclusion A General Commercial zone change is requested to permit a variety of commercial uses, including a clinic and retail store. Amendment will bring zoning into conformity with Official Plan designation . Special regulation should be included to require a rear yard depth of 30 m together with safety berm to satisfy Canadian National Railway recommendations. Recommendation That Council approve the Zoning By-law amendment application to rezone the land General Commercial (GC) to permit a variety of commercial uses, including a clinic and retail store; and, That the zone include a regulation requiring a building setback of 30 m from the railway right-of-way, in conjunction with a 2.5 m high earthen berm and a 1.83 m high chain link fence along the mutual property line, to satisfy the recommendation of the Canadian National Railway. Rocky Vacca introduced associates of the applicant, Terry Sutherland and Jay Levine, who indicated that their dealings with City staff have been positive. The Public Meeting was closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the recommendation report be approved. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati extended condolences to Kathy Moldenhauer, Director of Recreation and Culture, on the passing of her grandmother, to Deborah Legge, Museum employee on the passing of her husband Rein Pfab and to the family of Donald Dwyer, a retired city employee. Mayor Diodati advised of recent events: Judo Seminar with Hannah Martin at the Niagara Falls Judo and Brazilian Centre, Stair Climb for Cancer at the Skylon Tower, Super Pet Photo Day at Pulp Comics, Bishop's Gala, Forbes Riley visit to Niagara Falls, MoMondays at the North Rocks bar and grill, Coronation 50 Plus Annual Volunteer Awards Ceremony, Chamber of Commerce Business After 5 at Weinkeller, 25th Anniversary of Falls Pharmacy, Annual Easter Egg Hunt Fireman's Park, Box Run Fundraiser, Deerfield Park opening and Arbour Day event, St. Michael High School Communion Breakfast, Soppressata Night, Chippawa Riverhawks Spring Wild Game Dinner, Rotary Elimination Dinner, Community Clean Sweep,6th Annual Community Planting Weekend, Biker's Rights Organization, Manadrin MS Walk, McHappy Day, Citizenship Ceremony and Multi cultural Food Festival at St. Michael's, National Day of Honour, including the moment of silence and the latest Niagara Concerts event. - 11- May 13, 2014 Council Minutes Mayor Diodati advised of upcoming events: FCM Ambassador Recruitment Drive, Hornblower Niagara Cruises Grand Opening, Grand re-opening of Starbucks on Lundy's Lane, Grand opening of the Outlet Collection in Niagara-on-the-Lake, and the 40&8 ceremony at the Cenotaph at Queen Victoria Park. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Downtown BIA - requesting to address Council regarding the Ministry of Training, Colleges and Universities request for proposal on expanded campuses in under serviced areas. RECOMMENDATION: For the Information of Council. Phil Ritchie from the Downtown BIA, addressed Council on the need to bring a college or university Downtown and how it has been a catalyst to other municipal downtowns. ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that$10,000 of the CIP funds be dedicated to hiring a consultant/lobbyist, that a task force with staff and the BIA be struck and that the Dialog university study be posted on the city's website. Carried Unanimously 2. Downtown BIA - requesting approval of their 2014 budget. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Fisher that the budget be approved. Carried Unanimously 3. CUPW, Niagara Falls Local 574 - requesting support on resolution opposing the elimination of door to door postal service. RECOMMENDATION: For the Consideration of Council 4.a Club Italia - requesting allowance for food trucks and waiver of associated fees for their annual picnic. 4.b FTTFO Productions - requesting permission for a film shoot with food trucks. RECOMMENDATION: For the Consideration of Council 5. Taps Brewing Co. - requesting relief to the City's Noise By-law. RECOMMENDATION: For the Approval of Council 6. Pride Niagara - requesting the raising of the Rainbow Flag for Pride week, June 2nd - 10th. RECOMMENDATION: For the Approval of Council 7. Senator Nancy Greene Raine-requesting that June 7"'be proclaimed as "National Health & Fitness" Day. RECOMMENDATION: For the Approval of Council 8. National Public Works Week- requesting that the week of May 18'h be proclaimed as "National Public Works" week. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that requests associated with items 3-8 be approved. Carried Unanimously - 12- May 13, 2014 Council Minutes RATIFICATION OF "IN CAMERA" MATTERS ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that the recommendations from the May 13 `h, 2014 meeting be approved: 1. Personnel Matters - Chair-A -Van That a study of the Chair-A-Van service take place and the contractor be advised accordingly Carried Unanimously BY-LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the by-laws be given a first reading. Carried Unanimously 2014-51 A by-law to designate Lot 10, Registered Plan 59M-340, not be subject to part-lot control (PLC-2014-001). 2014-52 A by-law to amend By-law No. 79-200, to regulate the Warren Woods Estates Phase 3 plan of subdivision on the Lands (AM-2013-019). 2014-53 A by-law to amend By-law No. 79-200, to permit the Lands to be used for commercial purposes (AM-2014-002). 2014-54 A by-law to declare Part 1 on 59R-15062, Parts 1 and 4 on 59R-15063, Part 1 on 59R-15064 and Parts 1 and 2 on 59R-15069; in the City of Niagara Falls, surplus. 2014-55 A by-law to authorize the execution of an Agreement of Purchase and Sale with The Regional Municipality of Niagara, respecting the conveyance of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. 2014-56 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. 2014-57 A By-law to appoint a Deputy Lottery Licensing Officer, repealing By-law No. 2002 - 040. 2014-58 A by-law regulating outdoor swimming pools in the City of Niagara Falls. 2014-59 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 13`h day of May, 2014. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the by-laws be given a second and third reading. Carried Unanimously NEW BUSINESS BILD Canada ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that staff bring back a report on appropriate projects that meet the funding program criteria. Carried Unanimously - 13- May 13, 2014 Council Minutes Council Correspondences ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that staff comment on correspondences received by Council from the Concrete Association regarding wooden buildings and from Cindy Forester, M.P.P. regarding the Niagara Peninsula Conservation Authority. Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Maves that the meeting be adjourned at 8:40 p.m. Carried Unanimously ORDERED on the motion of Councillor Maves, seconded by Councillor loannoni that the meeting be adjourned at 8:40 p.m. Carried Unanimously UM-- „s74..,C7 DEAN IORFIDA, ITY CLERK JAMES M. DIODAT , MAYOR