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08/23/2016 ELEVENTH MEETING REGULAR COUNCIL MEETING August 23, 2016 Council met on Tuesday, August 23, 2016 at 4:30 p.m. in a Closed Meeting related to the items noted in the resolution below. All members of Council were present NO. 23 MOROCCO STRANGE THEREFORE BE IT RESOLVED on August 23, 2016 at 4:30 p.m., Niagara Falls Council went 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)(b), personal matters about an identifiable individual and s. 239(2)(f), advice that is subject to solicitor-client privilege. Carried Unanimously Council met on Tuesday, July 12, 2016 at 5:20 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Isabella Milano sang the National Anthem. * * * * * ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Morocco, seconded by Councillor Pietrangelo that the minutes of the July 12, 2016 meeting be approved. Carried Unanimously * * * * * DISCLOSURE OF PECUNIARY INTERESTS Councillor Morocco indicated pecuniary interests related to cheque 396567, made payable to her spouse and cheque 396138 made payable to herself. Councillor Craitor indicated a pecuniary interest related to cheque 396269, made payable to himself. Councillor Kerrio indicated a pecuniary interest related to report MW-2016-35, as he is a property owner within the Victoria Centre B.I.A. Councillor Pietrangelo indicated a pecuniary interest related to a refund, 00027- 0001, made payable to the Niagara Catholic District School Board, his employer. Mayor Diodati indicated a pecuniary interest related to cheque 396722, made payable to himself. * * * * * LEGAL MATTERS 5:00 P.M. 1. L-2016-14B — Possible Respect in the Workplace Violation Lisa Bolton, Sherrard Kuzz LLP, spoke to her investigation. Council Minutes August 23, 2016 ORDERED on the motion of Councillor Morocco, seconded by Councillor Pietrangelo that Council accept the CAO's apology delivered on July 12th, regarding his actions on June 14th Carried Unanimously 2. L-2016-15 — Proposed Conveyance of City Owned Land to Habitat for Humanity Niagara Portion of Glenholme Avenue ORDERED on the motion of Councillor Thomson, seconded by Councillor Campbell that Council accept the offer from Habitat for Humanity for the property and that a grant be given equal to the amount between the offer and the appraisal. Carried Unanimously PRESENTATIONS/ DEPUTATIONS 5:00 P.M. Childhood Cancer Awareness Patti Bauer addressed Council and requested related fee waivers in association with an event, Music for Miracles, being held at Fireman's park on September 17, 2016. ORDERED on the motion of Councillor Strange, seconded by Councillor Morocco that September be proclaimed Childhood Cancer Awareness Month, that business licence fees related to refreshment vehicles for the Music for Miracles event be waived, that relief to the Noise By-law be provided and that staff work with the organizers regarding the provision of parking. Carried Unanimously MPAC Ann Lehman-Allison, Municipal property Assessment Corporation made a presentation on the recent residential assessment notices. OREDERED on the motion of Councillor Morocco, seconded by Councillor Craitor that the presentation be received for information. Carried Unanimously * * * * * BUDGET MATTERS Councillor Pietrangelo Chaired. Councillor loannoni vacated the Council Chambers. Staff did a presentation on the Niagara Falls Water Dashboard. ORDERED on the motion of Councillor Morocco, seconded by Councillor Thomson that the presentation be received. Carried Unanimously OREDERED on the motion of Councillor Kerrio, seconded by Councillor Campbell that Council approve the water rates for 2016, with the new structure to be implemented in 2017. Carried Unanimously 2 Council Minutes August 23, 2016 MW-2016-38 — New Water By-law & Policy Update That Council approve the proposed policy and procedure changes outlined in this report and direct staff to include the appropriate provisions in the next update of the City's Water By-Law. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Campbell that the recommendation report be approved. Carried Unanimously PLANNING MATTERS 6:30 P.M. PBD-2016-36, AM-2016-005, Official Plan and Zoning By-law Amendment Application North Side of McLeod Road West of Sharon Avenue Applicant: Tom Vattovaz Proposal: Car Wash ORDERED on the motion of Councillor Kerrio, seconded by Councillor Craitor that the public meeting be deferred at the request of the applicant. Carried Unanimously Councillor loannoni returned to the Council Chambers. * * * * * PBD-2016-42 26CD-11-2016-003 & AM-2016-014 Smart Townes Phase 3 Plan of Vacant Land Condominium and Zoning By-law Amendment Application 7748, 7768 and 7796 Ascot Circle Applicant: Pinewood Homes (Tara) Ltd. (Michael Colaneri Jr.) Agent: Allan Heywood and Upper Canada Consulting (Jennifer Vida) Background: Proposal is to register a Vacant Land Condominium on 2.07 ha (5 ac) site which will allow for the creation of lots for the future sale of 98 townhouse units. Currently zoned Residential Apartment 5B Density permitting 3 — four-storey apartment buildings. Applicant is requesting Residential Low Density, Grouped Multiple Dwellings R4 zoning. Limiting the use to townhouse dwellings and group dwellings with site specific provisions. Neighbourhood Open House: July 21, 2016 — 6 residents Concerns: • Traffic impacts • On-street parking • Wooden fence along Ascot Circle 3 Council Minutes August 23, 2016 Applicant's Responses: • Less traffic generated for this proposal compared to current approval of apartment buildings as there are 52 fewer units. • Parking has not been a concern in the other two Phases of Smart Towns, so the developer does not anticipate this development will have parking problems. • A wood fence will be placed along Ascot Circle but screened with landscaping. Planning Analysis: Official Plan - Lands designated Residential • Residential lands located on local roads are permitted to be developed with variety of housing types and be of a height and massing with setbacks that are in character with the surrounding neighbourhood. • Currently the site can be developed with apartment buildings up to 4 storeys in height. • The proposed townhouses have a lower density than the current approvals and are more in keeping with surrounding housing, height, setbacks and density. Zoning By-law • Current zoning permits 3 —four storey apartment buildings with 150 units. • Request is to change to a new site specific R4 zone to permit the site to be developed with 98 townhouse units. • Change in front yard depth is to accommodate setbacks of 4 units flanking Ascot Circle. • Reduction in privacy yard is to accommodate design of blocks at westerly & northerly ends. Conclusion: • Complies with Official Plan • Will have lower density and provide more housing choices • Requested zoning provides appropriate regulations and will ensure compatibility with established neighbourhood. • Recommended crash wall and building construction will provide adequate safety protection from abutting railway and industry. Recommendation: • Council draft approve the Smart Townes Phase 3 Plan of Vacant Land Condominium, subject to the conditions in the staff report. • Council also approve the application to amend the Zoning By-law to permit the development of townhouse units as opposed to apartment units. Terry Adach, a Sabine Drive resident, outlined traffic concerns and questioned whether there could be access to Montrose Road. Maureen Redmond and Michael Colanieri for the developers were in support of the staff recommendation. They indicated that this was a less intensive development than a similar one on Kalar Road, which has had no traffic issues. The Public Meeting was Closed. ORDERED on the motion from Councillor Thomson, seconded by Councillor loannoni that the recommendation report be approved. Carried Unanimously 4 Council Minutes August 23, 2016 PBD-2016-38, 26CD-11-2016-002 & AM-2016-011 Victoria Woods Phase 2 Plan of Vacant Land Condominium and Zoning By-law Amendment Application 9245 to 9311 Shoveller Drive Applicant: Silvergate Homes Ltd. (John Passero) Agent: Upper Canada Consulting (Ken Gonyou) Background: Applicant proposes to register Vacant Land Condominium to create 29 units. Lands are zoned Residential Low Density, Group Multiple Dwellings, in part and Environmental Protection Area, in part. Request is to rezone entire site as R4, with site specific front yard, privacy yard depth, side yard width, lot coverage & parking Neighbourhood Open House: July 20, 2016 — 1 resident Concerns: • Questioned protection of woodlot to the north and impacts of development. Applicant's Responses: • Developer and staff noted that the woodland to the north is protected under an Environmental Conservation Area designation and is not intended for development. • Information was also provided regarding the removal of trees and the vernal pond noting that this would be done in accordance with permit issued by NPCA. Planning Analysis: Official Plan - Lands designated Residential and Special Policy 44 which prescribes a density of 14.8 u/ha (6 u/ac). This project will help achieve the overall density for the subdivision. • A small portion of a locally significant wetland extends onto the subject lands. • EIS has also been submitted which proposes grading and fencing to protect the wetland. • Applicant has obtained a permit from NCPA which allows for the removal of the vernal pond and trees subject to the enhancement of a nearby wetland. Zoning By-law: • Zoning on the entire property is requested to be changed to a new site specific R4, with amendments to standard R4 requirements as follows. • Front yard depth, to accommodate setbacks of two units flanking onto Shoveller Dr. • Side Yard width, would be consistent with other zones in the By-law. • Increased lot coverage to accommodate larger footprint and covered porches. Conclusion: • Complies with Official Plan and is compatible with surrounding development. • Removal of several trees and small pond is in accordance with NPCA Permit and protection of LSW and woodlot will be done through fencing and lot grading. • Will provide housing choices and contribute to City's short term housing supply, and • City, Regional & NPCA interests addressed through conditions outlined in staff report. 5 Council Minutes August 23, 2016 Recommendation: • That Victoria Woods Phase 2 Plan of Vacant Land Condominium be draft approved subject to the conditions in Appendix A of the staff report. • That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after the notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. • 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. • That the application to amend the Zoning By-law be approved as detailed in the staff report; and, • 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. Gary Enskat, Madison Crescent resident, questioned height, shadowing effects and proximity of the development to existing houses. Ken Gonyou, for the developer, outlined the landscaping, row of cedars and other provisions that would lessen the impact of the development on nearby properties. The Public Meeting was Closed. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Thomson that the recommendation report be approved. Carried Unanimously PBD-2016-37, AM-2016-010, Zoning By-law Amendment Application 9387 Lundy's Lane Applicants: Campark Resorts (Phil Van Kleef) Proposal: Expansion of Camping Establishment Zoning and Addition of Place of Entertainment and Recreational Uses Background: Zoning By-law amendment for a 9.5 ha (23.5 ac) parcel. Lands are zoned Camping Establishment (CE) with site specific regulations which permit existing trailer camp, accessory buildings and a dwelling; and Agriculture (A) which permits agricultural uses. Applicant is proposing entire property be placed under new site specific CE zone and adding un-serviced cabins, a place of entertainment and recreational uses. Neighbourhood Open House: July 12, 2016 — 12 residents Concerns: • Large scale concerts. • Late night activities. • Campfires. Applicant's Responses: • Not intended for large scale concerts • Past uses such as haunted houses, corn maze and charity run are small scale uses. 6 Council Minutes August 23, 2016 • Noise is governed by the City's Noise By-law • Council has decided that campgrounds are allowed to have campfires. Planning Analysis: Official Plan — Lands designated Tourist Commercial • Lands within the Satellite Tourist District are intended to include a range of tourist serving facilities, including accommodations and entertainment facilities that are compatible with local serving community facilities and residential areas. • Campgrounds and proposed place of entertainment and recreational uses conform with the uses contemplated in tourist commercial areas. • Campgrounds are lower in intensity that other commercial uses so provides a transition from more intense uses to the east and the rural and agricultural uses to south and west. Zoning By-law • Current zoning Campground Establishment, request to have it apply to entire property. • Requested zoning better reflects the intent of the Official Plan than the current Agriculture zoning that applies to western end of the property. • Site specific regulations are requested: minimum front yard depth of 12 m; maximum lot coverage of 25% and maximum building/structure height of 10 m. Conclusion: • Complies with the Official Plan • Provides an appropriate transition from intensive tourist commercial use to the east and rural uses to south and west; and • Recommended zoning regulations will assist in maintaining compatibility with nearby residential development and ensure proposed uses are setback a safe distance from CN railway. Recommendation: Council approve the Zoning By-law amendment application to zone the entire property a site specific Camping Establishment (CE) zone, permitting the uses permitted under the CE zone, un-serviced cabins, a place of entertainment and recreational uses, subject to the regulations for height, lot coverage, front yard depth, and setback from CN railway. Larry Robins, a tenant in the park, and his wife, Debbie, asked why there was no notice to tenants and questioned the impact the events has on parking. Bill Manley, a tenant in the park, wanted to know how the application affected the status of the residents currently living in the park. Staff explained that notice provisions under the Act only require notice to property owners; however, the sign on the property would make the application known to the tenants. Phil Van Kleef, owner, indicated that the application was to legalize some lands that are currently agricultural. He indicated that they manage parking for the events, without issue and have plenty of space to accommodate those needs. The location of notice signage was signed off by the Planning department. The Public Meeting was Closed. ORDERED on the motion of Councillor Morocco, seconded by Councillor loannoni that the recommendation report be approved. Carried Unanimously 7 Council Minutes August 23, 2016 * * * * * PBD-2016-41, AM-2016-012, Zoning By-law Amendment Application 5205 Fourth Avenue Applicant: Evan MacDonald Proposal: Conversion of Existing Building into a 10 Unit Apartment Building Background: Zoning By-law amendment To allow existing building to be converted into 10 unit apartment Property is zoned Residential Single Family and Two Family with site specific regulations. This zoning limits the uses to a place of worship; martial arts school; a dance or music studio; calisthenics or art studios; and a dwelling with a garage. Applicant is requesting Residential Apartment R5B zone with site specific regulations for reduced interior side yard; exterior side yard width; rear yard depth and a reduction in parking space and aisle width. Planning Analysis: Provincial Policy Statement & Growth Plan: Proposed Zoning By-law amendment is consistent with Provincial Policies as it utilizes existing building for reuse, contributes to housing supply and is located on a bus route. Proposed apartment will add to housing options for residents, which is consistent with Provincial Policy. Official Plan: • Residential policies in OP support providing innovative housing forms and is consistent with the density requirement. • Complies with OP as it will use existing building that has been part of the character of neighbourhood for more than 40 years; will contribute to City's housing supply; will not impact existing traffic patterns. Conclusion: • Satisfies the intent of the Provincial Policy and the City's Official Plan to provide intensification opportunities within the City and provide additional housing choices. • Existing building is being reused, consistent with Provincial Policy; • Project provides ample landscaping and preserves mature trees, no changes proposed to exterior dimensions of building; • Holding (H) provision is recommended until Record of Site Condition is filed with MOE Recommendation: Council approve the Zoning By-law amendment application to permit the existing building to be used as a 10 unit apartment building, subject to a holding (H) provision prohibiting development on the land until a Record of Site Condition is filed with the Ministry of the Environment. 8 Council Minutes August 23, 2016 Evan MacDonald, the applicant, was in attendance and supportive of the recommendation report. The Public Meeting was Closed. ORDERED on the motion of Councillor Strange, seconded by Councillor Thomson that the recommendation report be approved. Carried Unanimously PBD-2016-39, Official Plan Amendment No. 117 Thundering Waters Secondary Plan Applicant: GR (CAN) Investments Ltd. Background: Applicant is undertaking a secondary plan study of approximately 196 ha (484 ac) site where 115 ha (284 ac) are identified for residential, commercial, institutional and employment uses. Official Plan 2013 (OPA 81): Plan area was subject of OP Amendment (#81) in 2008 which re-designated lands from Industrial to Residential and Environmental Protection Area. Official Plan (Current) (OPA 86): In 2011, the Region approved OPA 96 which expanded the Environmental Protection Areas to reflect MNRF mapping. Public Consultation: • Since previous public meeting two open houses and two focus meetings have been held. • Consultation with First Nations and Metis is underway with a future report to be brought back before Council. Planning Analysis: Constraints to Development • Plan area has a number of constraints that have to be addressed prior to adoption of the secondary plan. • Natural Heritage Approximately 75 ha (185 ac) of land which are Provincially Significant Wetlands (PSW's). Staff has received numerous letters of objection since Open House held in April. City required an Environmental Impact Study be submitted. The EIS has not yet been finalized. The MNRF has identified areas in the draft EIS which require additional work or refinement. City and NPCA has retained a peer review consultant to conduct an independent review of the EIS. This review is ongoing. 9 Council Minutes August 23, 2016 • Compatibility with Adjacent Industry Number of industrial facilities have concerns about potential proximity of sensitive uses which could curtail their activities. Mitigation measures will need to be taken by developer. This would be in the form of Secondary Plan policies or alteration of the Land Use Plan. Air Quality & Noise Vibration Feasibility Assessment has been submitted by proponent. Regional Review of the Air Quality and Noise Vibration Feasibility Assessment is underway. • Transportation Concerns raised at open houses as to whether current road network will be able to handle the traffic generated by the development. Transportation Master Plan undertaken for the development has to be revised using the Region's transportation model for traffic analysis and to incorporate the developer's phasing plan before it can be finalized. Construction of a bridge crossing over either the Welland River or OPG Canal is projected to be necessary prior to full development of the lands. This will be subject to a separate Environmental Assessment Study. • Servicing New services are required prior to initiation of development. Comments received at the open houses have been about stormwater and the provision of runoff into wetlands to assist in maintaining them. Development will necessitate looping municipal watermains; sufficient supply and pressure exists to accommodate urban uses proposed. A Functional Service Report has been prepared by the developer's consultant which recommends a pumping station and forcemain be constructed to service the development. Construction will be required prior to initiation of development. FSR has been satisfactorily reviewed for the City by consultants and by the NPCA; a review by the Region is not yet completed. Next Steps: • Planning is continuing to meet with the proponent and her consultants. The next steps are: Consultation with Indigenous and Metis. Completion of the studies. Study review 10 Council Minutes August 23, 2016 Preparation of the Secondary Plan • Once these steps are complete: Staff will be able to bring the Secondary Plan to a Public Meeting of Council for a decision. The water course crossing will be subject of a separate Environmental Assessment. Recommendation: Council receive this report and the input received at the public meeting and direct that a final report on the Thundering Waters Secondary Plan be brought forward to Council for consideration at a future date once the next steps as outlined in this report have been satisfactorily completed. ORDERED on the motion of Councillor Craitor, seconded by Councillor loannoni that the matter be deferred and that it be scheduled for a bigger venue, when it returns, and that Council be invited to tour the location and be notified of any focus group meetings. Carried Unanimously Councillors Campbell and Craitor vacated Chambers. REPORTS ORDERED on the motion of Councillor Kerrio, seconded by Councillor Thomson that the reports contained in the Consent Agenda be approved, as recommended. Carried Unanimously 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-2016-30 — Major Receivables June The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F-2016-31 — Major Receivables Monthly July The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F-2016-32 — Municipal Accounts The report recommends that Council approve the municipal accounts totaling $21,278,312.61 for the period June 23, 2016 to August 3, 2016. F-2016-34 — 2016 Copier Lease Renewal The report recommends that Council direct staff to proceed with a lease of Ricoh equipment through the Ministry of Government Services Vendor of Record program. 11 Council Minutes August 23, 2016 HR-2016-01 — Employee Assistance Program (Benefits Provider) The report recommends that Council approve SHEPELL Benefits Consultants as the recommended Benefits Provider for the City of Niagara Falls Employee Assistance Program (EAP), for a five (5) year term contract period, commencing January 1, 2017. HR-2016-02 — Benefits Renewal The report recommends that Council approve the renewal of employee benefits with Sun Life Assurance Company, provider of Life, Extended Health, Dental, and Long Term disability insurance, for the period of September 1, 2016 to September 1, 2017 and a premium rate increase of 1.8%. L-2016-13 — The Niagara Parks Commission and the City Sign License Agreement Railroad Bridge, McLeod Road and Marineland Parkway The report recommends: That the City extend the Agreement permitting the Niagara Parks Commission to affix a sign to the bridge crossing Marineland Parkway at McLeod Road for a term of five years in the form prepared by the Niagara Parks Commission. That the Mayor, Clerk and City Solicitor be directed to take whatever actions and sign whatever documents are required to complete the Agreement. L-2016-16 — Canamed (Stamford) Limited, Assignment of Lease to Portage Road Holdings Limited Parking Lot Adjacent to 4256 Portage Road The report recommends: That Council approve the assignment of the lease of the parking lot adjacent to 4256 Portage Road, in the City of Niagara Falls to the purchaser of 4256 Portage Road. That the Mayor, Clerk and City Solicitor be directed to take whatever actions and sign whatever documents are required to complete the assignment. L-2016-17 — Residential Loan Agreement Emerald Retirement Residence, 5807 Ferry Street. The report recommends: That the City accept a fourth mortgage to secure the CIP loan to be made to the owner of 5807 Ferry Street, in the City of Niagara Falls. That the Mayor, Clerk and City Solicitor be directed to take whatever actions and sign whatever documents are required to secure the CIP loan. L-2016-18 — Warren Woods Developments, Temporary Access Agreement, Hydro Corridor The report recommends: That the City of Niagara Falls enter into an agreement permitting temporary access to the lands described as part of Township Lots 185 and 199, Stamford Township, being Parts 1, 2, 3, 4, 5, 6 and 7 on Plan 59R-15168, City of Niagara Falls (the "subject lands') for the purpose of removing a pipe. That the City of Niagara Falls permit 1340258 Ontario Inc. to rely upon the aforesaid temporary access agreement to enter the subject lands to remove a pipe. That the City of Niagara Falls enter into an Indemnity Agreement whereby 1340258 Ontario Inc. (hereinafter referred to as "Warren Woods") assumes all 12 Council Minutes August 23, 2016 risk associated with entering the subject lands to remove the pipe and to perform any other activity whatsoever. That the Mayor, Clerk and City Solicitor be authorized to prepare and execute whatever documents and take whatever actions are required to perform recommendations 1 through 3. MW-2016-34 — Pettit Avenue Watermain Replacement — Tender Result, Contract No. 2016-364-14 The report recommends: The contract be awarded to the lowest bidder Alfidome Construction Limited at the tendered price of $394,519.50. That the Mayor and City Clerk be authorized to execute the necessary contract documents. MW-2016-35 — Victoria Centre Streetscape Revitalization Phase 1 Construction Update The report recommends: That this report be received for information. That the approved 2016 capital budget for the Victoria Centre Streetscape Revitalization Phase 1 project be amended to include additional expenses in the amount of $230,000. MW-2016-37 — Retaining Wall Rehabilitation — Tourist Core, Tender Award The report recommends: The contract is awarded to the lowest bidder Stevensville Lawn Service, with authorization to spend up to the approved budgeted amount. That the Mayor and City Clerk be authorized to execute the necessary contract documents. PBD-2016-34 — Changes to Provincial Planning Documents The report recommends that Council approve the report and that it be sent the Regional Niagara and the Ministry of Municipal Affairs as the City's response to the Ministry's Coordinated Plan Review. PBD-2016-40 — PLC-2016-005, Request for Removal of Part Lot Control Blocks 8- 17 Inclusive, Registered Plan 59M-425 Oldfield Estates Plan of Subdivision — Phase 3. Applicant: Mountainview Homes The report recommends that Council approve the request and pass the by-law included in tonight's agenda to designate Blocks 8 through 17 Inclusive on Registered Plan 59M- 425, as exempt from Part Lot Control for a period of four years. PBD-2016-43 — CIP-2008-005 Historic Drummondville CIP Commercial Building and Façade Improvement Plan Application request for revival, property 5836 Main Street, Applicant: 1526860 Ontario Ltd. (Vijay Kapur) The report recommends: That Council support the $10,000 grant for the Commercial Building Improvement Application to replace the roof at 5836 Main Street as contained in this report. 13 Council Minutes August 23, 2016 That the owner must apply with a new application for any future improvement to the building prior to any work occurring. PBD-2016-44 — Matters Arising from Municipal Heritage Committee Meeting Doran Marshall Burke House, 4851 River Road The report recommends that Council approve the alteration and grant for the Coach House associated with the Doran Marshall Burke House, specifically the restoration of a double casement window above the carriage doors, as it will assist in the overall presentation of the Coach House. PBD-2016-45 — Matters Arising from Municipal Heritage Committee Meeting Comments for Niagara Parks Commission Historic Power Plants The report recommends that Council endorse the comments provided by the Municipal Heritage Committee with respect to the development of the Niagara Parks Commission Strategic Conservation Plan for four hydro buildings and the boundaries for a study area involving Queen Victoria Park. R&C-2016-09 — 2016 Sports Wall of Fame Inductees The report recommends that Council approve the 2016 Sports Wall of Fame Inductees. R&C-2016-10 — Niagara Falls Review Renewal Agreement The report recommends that Council authorize the Mayor and City Clerk to act on the behalf of the City to execute the Niagara Falls Review Renewal Agreement to coordinate Advertising Services at City arenas, Gale Centre and Chippawa Arena. R&C-2016-11 — Arts & Culture Wall of Fame The report recommends that Council approve the 2016 Arts & Culture Wall of Fame Inductees. TS-2016-22 — Calendonia St. Follow Up Speed Control Review This report is for the information of City Council. TS-2016-29 — Brant Ave @ Churchill St. — Intersection Control Review The report recommends that a stop sign is installed facing northbound motorists on Brant Avenue at Churchill Street. TS-2016-31 — Tri-Party Transit Services Agreement: Niagara Region St. Catharines Transit— City of Niagara Falls The report recommends: That the City of Niagara Falls enter into a tri-party agreement with Niagara Region and St. Catharines Transit Commission to supply Inter-municipal transit service for a revised route NRT 50/55 and a new route NRT 40/45, at full cost recovery. That the Mayor and City Clerk be authorized to execute the necessary agreement. TS-2016-30 - Bukator Road & Rapids View Drive — Parking Review The report recommends that a No Parking, Tow Away Zone restriction be established on both sides of Bukator Drive between Niagara Parkway and Rapids View Drive. Councillor Craitor returned to Council Chambers. 14 Council Minutes August 23, 2016 MAYOR'S REPORTS, ANNOUNCEMENTS The Mayor advised of some recent announcements/events: the annual AMO conference with meetings with various Ministers and funding announcements, GO announcement, a new carrier to Toronto at the Niagara District Airport, work on the inter-municipal transit file, Niagara short-listed for hosting the Canada Summer Games in 2021, Box Climb, Grand Openings of Palm Gardens "Treenee" Restaurant, "The Market" at Go Fitness Niagara, Casa Das Natas, Harry's Jazz Bar, Chippawa Boat Ramp, and Lundy's Lane Battlefield Park, Minister Sousa Chamber of Commerce luncheon, 100th Anniversary of the Spanish Aero Car for the Niagara Parks Commission and the Heater's Heroes Event. The Mayor advised of some recent obituaries: Domenic Napoli, father of Teresa Fabbro in the Clerk's Department, Ruby Elliott, grandmother of Beth Angle of our Recreation and Culture Department, Donald Gates, eldest brother of MPP Wayne Gates, Jim Muir, husband of City of Niagara Falls retiree, Barb Muir. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Niagara Falls Public Library Board — requesting that Council fill the vacancy on the Board with Kevin Letourneau. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that Kevin Letourneau be appointed to the Library Board. Carried Unanimously Councillor Campbell returned to Council Chambers. 2. KOA Campground — requesting relief to the outdoor fire ban. -AND- Memo from the Fire Chief. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Craitor that the correspondence be received and filed. Carried Unanimously 3. Transportation Services — requesting the month of September be proclaimed as "School Crossing Guard Awareness" month. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the request be approved. Carried Unanimously 4. Prostate Cancer Canada - requesting the month of September be proclaimed as "Prostate Cancer Awareness" month. RECOMMENDATION: For the Approval of Council. 15 Council Minutes August 23, 2016 ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the request be approved. Carried Unanimously 5. Suicide Prevention — requesting that September 10, 2016 be proclaimed as "Suicide Prevention and Awareness" day. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that the request be approved. Carried Unanimously 6. Regional Municipality of Niagara/ Chris Bittle, M.P. - requesting that Council support that a resident of the Niagara Region be appointed to the Senate. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Morocco, seconded by Councillor Pietrangelo that the request be approved. Carried Unanimously 7. Taps Brewery — requesting relief to the Noise By-law for various events in September. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Campbell that the request be approved. Carried Unanimously 8. Downtown B.I.A. — requesting a grant equal to the fees associated with road closures for the Rock Swap event. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Morocco, seconded by Councillor Campbell that a grant equal to the fees be approved. Carried Unanimously 9. The Bridge — requesting a grant equal to the fees associated with the building permit associated with their church-related community space. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that a grant equal to the fees be approved. Carried Unanimously 10.Niagara Arts Showcase - Request for Noise relief for event September 22nd, 2016. RECOMMENDATION: For the consideration of Council ORDERED on the motion of Councillor Campbell, seconded by Councillor Kerrio that the request be approved. Carried Unanimously 16 Council Minutes August 23, 2016 RESOLUTIONS NO.24- IOANNONI - CRAITOR — THEREFORE BE IT RESOLVED that Council allow the ATU President to address City Council on system-wide major routing changes, that potentially could affect the union and its' employees, and on matters relating to ridership. Carried Unanimously NO. 25- KERRIO - THOMSON — THEREFORE BE IT RESOLVED that Niagara Falls City Council considers the Niagara Falls Oktoberfest, at the Scotiabank Convention Centre, to be an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. Carried Unanimously * * * * * BY-LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Campbell that the by-laws be given a first reading. Carried Unanimously 2016-75 A by-law to establish Reserve Block 97 on Registered Plan 59M-395 as a public highway to be known as, and to form part of Tallgrass Avenue 2016-76 A by-law to amend By-law No. 2016-24, being a by-law to establish rules and regulations for the City of Niagara Falls municipal cemeteries. 2016-77 A by-law to amend By-law No. 79-200, to permit the Lands to be used for vacation rental dwelling units, a hostel and the uses permitted in the TC zone, save and except for a day nursery, recreational uses and dwelling units, and to repeal By-law No. 2007-208 (AM-2016-009). 2016-78 A by-law to amend By-law No. 79-200, to permit the use of the Lands and buildings thereon for a townhouse development and to repeal By-law No. 92-240 (AM-2016-014). 2016-79 A by-law to designate Blocks 8-17(inclusive), Registered Plan 59M-425, not be subject to part-lot control (PLC-2016-005). 2016-80 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 2016-81 A by-law to establish Reserve Block A on Registered Plan 112 as a public highway to be known as, and to form part of, St. Thomas More Drive. 2016-82 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads ( Limited Parking, Designated Lanes) 2016-83 A by -law to appoint the Fire Chief for the City of Niagara Falls. 2016-84 A by-law to authorize the execution of an Authorized Requester Agreement between Her Majesty the Queen in Right of Ontario, as 17 Council Minutes August 23, 2016 represented by the Minister of Transportation (MTO) and the Corporation of the City of Niagara Falls respecting the access and use of certain information contained in MTO databases. 2016-85 A by-law to authorize the execution of an agreement with the Niagara College Administrative Council Inc. for the provision of transit services. 2016-86 A by-law to authorize the renewal of an agreement with the Niagara Falls Review for the permission to place static advertising signs on various surfaces at City arenas. 2016-87 A by-law to repeal By-law 2009-156, a by-law to authorize the execution of an agreement with respecting the Adopt -A -Street public service program for volunteers. 2016-88 A by-law to authorize the execution of an agreement with the Corporation of the Town of Fort Erie for the provision of transit services. 2016-89 A by-law to appoint Councillor Vince Kerrio as Acting Mayor. 2016-90 A by-law to authorize the payment of $21,278,312.61 for General Purposes. 2016-91 A by-law to establish Parts 7, 8, 9, 10, 11 and 12 on Registered Plan 59R- 15638 as a public highway to be known as, and to form part of, Oakwood Drive. 2016-92 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 23rd day of August, 2016. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Campbell that the by-laws be given a second and third reading. Carried Unanimously NEW BUSINESS Border Services ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that Council petition the Federal Government to expedite traffic at the Niagara Border Crossings. Carried Unanimously Sutherland Court ORDERED on the motion of Councillor Morocco, seconded by Councillor Craitor that Staff report back on parking options on Sutherland Court. Carried Unanimously Speed Limits ORDERED on the motion of Councillor Morocco, seconded by Councillor Craitor that Staff report back on the process for determining signage and speed limits. 18 Council Minutes August 23, 2016 Carried Unanimously Cemeteries ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that Staff report back on the policy for removal of plantings and any notice policy related to removals Carried Unanimously OREDERED on the motion of Councillor loannoni, seconded by Councillor Strange that the meeting be adjourned at 9:00 p.m. Carried Unanimously * * * * * / I DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR 19