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07/11/2017\ � / 0 ui LLJ F- 0 E t % y ) - _ o , m = / - - \�2E ) ) // / E / ƒ\/ E 3\00 - R a 2, e : ° E ® 2 ) \ ) ± - $ Q) /t &/}{ \m k }\) , o = = e �§ __¥» 7 G % »9 \ 4©0 �e \ § §\®\]/ m f E 82 / /0) o Ea =/®s \> mE w , : ; §g �� , e 3 e=on b o 0 8i # %{0 /k z / \ /{ [ fa= j 0(a /_0 33 /±°®9 » » 0 @o § ®® _z //f\ I ® ® �� 0\CL ƒ ° om � e2 ) Eo& »\ ) o G)��o = ) 8 2 §_ , te=e °!c ƒ Ge . _ z sE$s= o ) o c . / } R 2»z/» � . £ 0" )®e a wE �7 00 U- 0 ]\ ƒ } / § [ 2{ 2 ®\/\\ \/ �\\ /m / g 2 k & \ §8y ƒ %j\a0 ®m 0 m» 8"� 2E - = I 0 t e//ƒ] d o ! =e ±e ) =a2 , = 2 = 0 @ �k \ ±»f\{ § \ ) �3a g/ ff� \ -$/@o X52 §] o \ 2 // o k= 2 $e® §]% a (D o -C m a \$ ) $) 3°e# �\ 8J f\ �,¥ E_ , Ef\2a §E /#: g- Ga\ 5 \ 5ƒ E/\// \} ]ƒ }\ j\ \\\ \) k j .\\%/\ \\ \{ \/ )§ 3%2 - ` E0)f 2) �m k/m /t \/\ » 0 ®0mE G% Rf Gk% G7 R�� % 3 7==e 0= e= 000 oa o=/ DEPUTATIONS Ethan Zahn — Act of Bravery Council Minutes July 11, 2017 Mayor Diodati and Council recognized Ethan Zahn for his act of bravery in coming to the assistance of Ms. Linda Valade. Steve Ludzik Celebrity Roast ORDERED on the motion of Councillor Thomson, seconded by Councillor Campbell, that Council support the fundraiser by purchasing 2 tables for the event. Carried Unanimously Niagara Arts Showcase ORDERED on the motion of Councillor Strange, seconded by Councillor Campbell, that Council waive the fees associated with the Niagara Arts Showcase event taking place September 15, 16 and 17, 2017 at Fireman's Park. Carried Unanimously Regional Update Regional Councillor Selina Volpatti provided City Council with an update on the Region's involvement with the Niagara Prosperity Initiative, Inter -Municipal Transit, Master Transportation Plan, 2018 Budget Guidance, Development Charges and the Region's work on a new Code of Conduct. PRESENTATIONS CAO -2017-04 — Code of Conduct for Members of Council and Integrity Commissioner Appointment Process ORDERED on the motion of Councillor Morocco, seconded by Councillor Kerrio, that the Code of Conduct for members of Council and the Integrity Commissioner appointment process attached to report CAO -2017-04, as Addendum 1 be approved. A recorded vote was requested. Councillor Campbell In Favour Councillor Pietrangelo In Favour Councillor Craitor Opposed Councillor Strange In Favour Councillor loannoni Opposed Councillor Thomson In Favour Councillor Kerrio In Favour Mayor Diodati In Favour Councillor Morocco In Favour Motion Carried With Councillor Craitor and Councillor loannoni opposed. ORDERED on the motion of Councillor Morocco, seconded by Councillor Kerrio, that Council impose the penalties under section 223 of The Municipal Act with regards to the implementation of a Code of Conduct for members of Council as presented in staff report CAO -2017-04. A recorded vote was requested. 2 Council Minutes July 11, 2017 Councillor Campbell Opposed Councillor Pietrangelo In Favour Councillor Craitor In Favour Councillor Strange In Favour Councillor loannoni In Favour Councillor Thomson In Favour Councillor Kerrio In Favour Mayor Diodati In Favour Councillor Morocco In Favour Motion Carried With Councillor Campbell opposed. PLANNING MATTERS Public Meeting 26CD-11-2017-004, Oldfield Phase 4 Plan of Vacant Land Condominium, North Side of Oldfield Road, East of Dorchester Road. Applicant: Mountanview Homes (Niagara) Ltd. (Mark Basciano). Agent: Upper Canada Consulting (Jennifer Vida), Recommendation Report PBD -2017-24 The report recommends: 1. That the Oldfield Phase 4 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 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. Jordan Vanderhoeven of Upper Canada Consulting, representing Mountainview Homes, answered questions from Council on the proposal. The Public Meeting was Closed. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Strange that the report be approved as recommended. Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Craitor that Staff revisit the wording contained in our Subdivision Agreements and report back to Council with options for enforcement with regards to the operation of heavy vehicles/construction equipment traveling on roadways, as it relates to the City's noise by-law. Carried Unanimously 3 Council Minutes July 11, 2017 Public Meeting Official Plan Amendment No. 118, Grand Niagara Secondary Plan, Recommendation Report PBD -2017-26 The report recommends: That Council receive this report for the purpose of: 1. accepting input made at the mandatory Public Meeting; and 2. staff continuing with its review and bringing the Secondary Plan back to Council for a decision at a later date. John Bacher spoke in opposition to the redevelopment of the existing golf course lands. Daniel Nardone spoke in favour of the promotion of eco -tourism. Glenn Wellings, Planning Consultant for Cytec, along with Kenneth Milo of Cytec, spoke about the land uses within the secondary plan. Peter Wilk, representing his neighbour and friend George Stewart of 8365 Biggar Road, spoke about the development of a single family home on a 3 acre lot within the secondary plan. Rose Aurora spoke outlining her concerns with the existing and future zoning of her property at 8264 Grassy Brook Road. Ravinder Singh spoke in favour of the secondary plan. Linda Manson spoke in opposition to the redevelopment of the existing golf course lands. John Armstrong, representing the provinces masonry workers, spoke about working with the City to improve higher standards within secondary plans. Jean Grandoni spoke in opposition to the redevelopment of the existing golf course lands. Karl Dockstader spoke in opposition to the redevelopment of the existing golf course lands. Frank Baldesara, representing the ownership of Grand Niagara, answered questions from Council on the proposed redevelopment of the lands. The Public meeting was Closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the report be approved as recommended Carried Unanimously ORDERED on the motion of Councillor Thomson, seconded by Councillor Strange, that Council direct staff to work with Mr. George Stewart of 8365 Biggar Road in acquiring the necessary planning approvals to build a single family residential home on his 3 acre lot with private services. Carried Unanimously 12 Council Minutes July 11, 2017 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 -2017-03 — Update on Licenced Charitable Bingo Operations The report recommends the following: 1. That Niagara Falls City Council receives report CD -2017-03, Update on Permitted Charitable Bingo Operations, for information 2. In addition to the AGCO eligibility criteria, that Council endorse preference to Niagara Falls based groups when allocating bingo permits. F-2017-27 — Monthly Tax Receivables — May The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F-2017-28 — Municipal Accounts The report recommends that Council approve the municipal accounts totaling $10,318,757.92 for the period May 24, 2017 to June 23, 2017. FS -2017-02 — Amendments to the City of Niagara Falls Emergency Management Program and Emergency Plan The report recommends that Council approve the by-law on tonight's agenda respecting the City's Emergency Management Program, in keeping with Provincial regulations. MW -2017-27 — Tender Award for Harvard Avenue Sanitary Sewer Replacement The report recommends the following: 1. That the contract be awarded to the lowest bidder Centennial Infrastructure (Niagara) Inc. at the corrected tender price of $1,396,225. 2. That the total expenditure amount of $1,700,796 for all project -related expenses be approved and funded from pre -approval of 2018 Capital Budget. 3. That the Mayor and City Clerk be authorized to execute the necessary contract documents. MW -2017-29 — Thorold Stone Road Extension — Project Update The report is recommended for the information of Council. MW -2017-30 — Crysler Ave & St. Lawrence Ave, Phase I & II, Watermain Replacement, and Road Reconstruction. Council Minutes July 11, 2017 MW -2017-32 — Tender Award for Contract 2017-08, 2017 Surface Treatment The report recommends the following: 1. The contract be awarded to the lowest bidder Norjohn Contracting and Paving Limited, with authorization to spend up to the approved budgeted amount. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. MW -2017-33 — Garner Trail (McGarry Dr. to McLeod Rd), Project Construction Proposal and Easement Agreement with NCDSB The report recommends that MW -2017-34 — Tender Award for Locate Service Provider The report recommends that award RFT 42-2017 to Canadian Locators Inc. as the successful bidder in the provision of locating services. PBD -2017-27 — Matters Arising from the Municipal Heritage Committee. Proposed Demolition of John Misener House, 5491 Robinson Street The report recommends that Council approve the demolition permit for the property at 5491 Robinson Street. TS -2017-26 — Jill Drive — Parking Review The report recommends that the permit parking zone on the south side of Jill Drive between a point 72 metres west of Sunhaven Drive to a point 85 metres west of Sunhaven Drive be removed. TS -2017-27 — Lamont Avenue — Parking Review The report recommends that a no parking zone is established on the southwest side of Lamont Avenue from a point 63 metres southwest of Mundare Cres cent to a point 79 metres southwest of Mundare Crescent. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the reports on the Consent agenda be approved as recommended. Carried Unanimously With Councillor Craitor declaring a conflict with CD -2017-03 MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati provided an update: Live streaming reports more than 4,500 views; Updated and refreshed website launching today, including improved navigation features and feedback to letstalk@niagarafalls.ca; paperless agenda to be offered in the fall Mayor Diodati extended condolences to the family of Joanna Daniels, a former City employee; Brian Milner, father of Jonathan Milner of the Niagara Falls Museum; family of Terry Librock former Niagara Transit General Manager and Elizabeth Schachowskoj, mother of Kent Schachowskoj of the Municipal Works dept. Mayor Diodati advised of recent events: KO Childhood Cancer event; Dedication Ceremony — Gene Somerville Firefighter Museum; Global Legacy Boxing event — "Fight for the Falls" founded by Lennox Lewis; Canada 150 — Canada Day "A Sea of red and white parade", Millennium Recreational trail opened, David Smith poem reading. a Council Minutes July 11, 2017 Mayor Diodati advised of upcoming events: Chippawa Lions Park opening August 3rd at 4:p.m.; which is the next opening of the 10 new parks being revitalized this year. Special Council meeting July 20th at 4 p.m. and Regular Council meeting on August 22nd COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Livestock Niagara — 3`d Annual Music & Arts Festival on July 22, 2017, requesting waiver of fees related to road closure, exemption to the city's noise by-law and a special occasion permit. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Morocco, seconded by Councillor Kerrio that the communication be approved. Carried Unanimouslv 2. Niagara Falls History Museum — Request relief to the City's Noise by-law for Niagara Falls Night of Art Annual event September 21, 2017 RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the communication be approved. Carried Unanimouslv 3. Niagara Arts Showcase — holding a festival Sept 15, '16 & 17, 2017 at Fireman's park and are requesting a waiver of fees associated with the event. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Strange, seconded by Councillor Campbell that the communication be approved. Carried Unanimously 4. Lundy's Lane BIA — requesting approval of the 2017 budget RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the communication be approved. Carried Unanimously 5. Victoria Centre BIA — requesting approval of the 2017 budget RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the communication be approved. Carried Unanimously 6. Clifton Hill BIA — requesting approval of the 2017 budget RECOMMENDATION: For the Approval of Council 7 Council Minutes July 11, 2017 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the communication be approved. Carried Unanimously 7. Fallsview BIA — requesting approval of the 2017 budget RECOMMENDATIN: For the Approval of Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the communication be approved. Carried Unanimously 8. Niagara Tinting, Joedy Burdett — request for extension of a revitalization grant agreement for 4480 Bridge Street. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the communication be approved. Carried Unanimously 9. Niagara Region — Draft Regional Development Charges Update RECOMMENDATION: For the Information of Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Craitor that the communication be approved. Carried Unanimously 10. Downtown BIA Board - Change of Niagara Falls Downtown BIA Board of Management Executive. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor Morocco, seconded by Councillor Campbell that the communication be approved. Carried Unanimously 11. Regional Report re: Inter -Municipal Transit - Phase 2 Update: Triple Majority and Next Steps RECOMMENDATION: For the Approval of Council to appoint a member of Council to the Steering Committee; and to refer to staff to select a municipal staff representative to the steering Committee ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that Mayor Diodati and Councillor Morocco be appointed to the steering committee. Carried Unanimously 12. Heaters Heroes Run - request extension to the noise by-law for August 12, 2017 and that the 7th Annual Heaters Heros Run for Children be an event of municipal significance. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Craitor, seconded by Councillor Thomson that the communication be approved. Carried Unanimously �:3 Council Minutes July 11, 2017 13. City of Thorold - OLG Modernization Framework RECOMMENDATION: For the Information of Council ORDERED on the motion of Councillor Thomson, seconded by Councillor Strange that the communication be approved. Carried Unanimouslv 14. Daniel Masih - request that August 7, 2017 be proclaimed as Brother -Sister Day. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Campbell that the communication be approved. Carried Unanimouslv 15.Society of St. Vincent de Paul - requesting financial assistance in the amount of $400.00 to offset expenses that are incurred annually for the purchase of bus tickets from Niagara Transit. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Morocco, seconded by Councillor Craitor that the communication be approved. 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 2017-82 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. ( Heavy Vehicles) 2017-83 A by-law to amend By-law No. 79-200, to maintain a site specific range of General Industrial uses on the Lands and to add a medical marijuana facility to the list of uses permitted on the Lands (AM -2017-003). 2017-84 A by-law requiring an emergency management program for the protection of public safety, health, the environment, critical infrastructure and property, ad to promote economic stability and a disaster- resilient community. 2017-85 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. 2017-86 A by-law to appoint Deputy Lottery Licensing Officers, repealing By-law No. 2014-057. 2017-87 A by-law to authorize the payment of $10,318,757.92 for General Purposes. 2017-88 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 11th day of July, 2017. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Campbell that the by-laws be given a second and third reading. Carried Unanimously N NEW BUSINESS Shriner's Creek Council Minutes July 11, 2017 ORDERED on the motion of Councillor Craitor, seconded by Councillor Morocco that Council direct staff to make necessary repairs to the Shriner's Creek retaining wall, south of Thorold Stone Road, north of Michael Street. That Council fund the reconstruction of the retaining wall, previously listed as an item under the 2017 "tab 10" Municipal Works Budget, by preapproving the work for the 2018 budget in the amount of $185,000. Carried Unanimously Illumination of the Falls ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that Council of the City of Niagara Falls, Ontario requests the Niagara Falls Illumination Board take full opportunity of maximizing the illumination of the Falls' by taking advantage of the new technology that exists within the Illumination Tower and the Niagara Gorge. Carried Unanimously ORDERED on the motion of Councillor Kerrio, seconded by Councillor Morocco that the meeting be adjourned at 10:10 p.m. c. ............................. BILL MATSON, ACTING CITY CLERK Me Carried Unanimously .... '... -OJAMES DIODATI, MAR