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06/23/2015 ELEVENTH MEETING REGULAR COUNCIL MEETING June 23, 2015 Council met on Tuesday, June 23, 2015 at 5:05 p.m. for the purpose of considering Regular Business matters. All members of Council were present. The National Anthem was sung by Cory Cruise. ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Morocco, seconded by Councillor Strange, that the minutes of the May 26th meeting be approved, as printed. * * * * * DISCLOSURES OF PECUNIARY INTEREST Councillor Morocco indicated a pecuniary interest to cheque number 384474, made payable to herself, in association with the FCM Conference, and two cheques, 384408 and 384238, made payable to her husband. Councillor loannoni indicated a pecuniary interest to cheque number 384473, made payable to herself, in association with the FCM Conference, and In Camera discussions on labour negotiations, related to CUPE. Councillor Pietrangelo indicated a pecuniary interest with cheque number 384602, made out to the Niagara Catholic School Board, his employer. Councillor Kerrio indicated a conflict to PD-2015-27, as he is a neighbouring property. Councillor Craitor indicated a pecuniary interest with cheque number 380742, made payable to himself. Mayor Diodati indicated a pecuniary interest with cheques number 384363 and 384472, made payable to himself. * * * * * REPORTS 5:00-6:30 P.M. FS-2015 -05 — Vessel Operator Restriction Regulation Application The report recommends that Council supports a City of Niagara Falls application for a Vessel Operation Restriction Regulation (VORR) for a select area of the lower Niagara River and authorizes the Clerk to be the signatory for the application. Wayne Atkins, Boating Safety Officer, Transport Canada, outlined the process surrounding a Vessel Operation Restriction Regulation (VORR) application. Aaron Day, Vice President, Niagara Jet Adventures, was surprised that the matter was coming forward and that a decision had appeared to have been made without an in-depth consultation. He indicated that their operation is respectful of the river but has the technology to safely navigate the waters. Council Minutes June 23, 2015 Chris Bohnenkamp, Owner, Niagara Jet Adventures, outlined the technology of the $1.5 million vessel, their ability to assist in rescues and how they have negotiated the bigger swells on the U.S. side. ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that the report be approved as recommended. Carried Unanimously TS-2015-12 — Barker Street— Parking Review The report recommends that the "No Parking" zone on the north side of Barker Street between Corwin Avenue and a point 75 metres east of Corwin Avenue is removed. Scott Jones, Barker Street resident, disagrees with the removal of the current parking restrictions. The opinion of the closest, most directly affected, residents should prevail. Similarly, he felt if the south side residents wanted their parking restriction removed, so be it. Jim Bredin, Barker Street resident, lives on the south side of the street. There is a lack of parking on the street and with no parking restrictions, speeding becomes an issue. Laurel Doan, a Corwin Crescent resident, would like to see the parking restrictions stay, as is. ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that the current parking restrictions remain, as is, and staff conduct a traffic study related to the possible speeding. Carried Unanimously * * * * * Councillor Pietrangelo Chaired the Budget matters on the agenda. BUDGET MATTERS F-2015-25 — Municipal Utility Budget 1. That Council approve the City's 2015 Municipal Utility Budgets and the water and sewer rates for 2015. 2. That Council direct staff to prepare a rate structure review for 2016 Utility Budget Ed Biewlawski, provided his comments about the Municipal Utility Budget ORDERED on the motion of Councillor Thomson, seconded by Councillor Campbell that recommendation # 1 be approved. Motion Carried with Councillor loannoni and Craitor opposed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Campbell that recommendation # 2 be approved and that Mr. Bielawski be invited to participate. Carried Unanimously 2 Council Minutes June 23, 2015 Councillor Pietrangelo stepped down as Chair 7:30 p.m. PRESENTATIONS/DEPUTATIONS 6:30 P.M. Mayor's Youth Advisory Committee Allie Nieuwesteeg and Natalie Janvary from the Mayor's Youth Advisory Committee outlined their activities from the past year. A cheque presentation was made to Dee Tyler of the Niagara Suicide Prevention network from a committee fundraiser. Business Recognition Modern Landfill Inc. was recognized for 50 years of business in the community and Mayor Diodati presented a plaque to company representatives. Citizen Commendation Residents Kendra Tolley, Ryan Benner and Jerry Buchowsky were recognized for commendation by the Fire Department for their assistance during emergencies prior to Fire Department arrival. PLANNING MATTERS 7:00 P.M. Public Meeting PBD-2015-24 - AM-2015-005, Zoning By-law Amendment Application, 5785 and 5807 Ferry Street. Applicant: 2405800 Ontario Limited (John Lally), Agent: Greg Taras, UEM Consulting, Proposal: Proposed Retirement Home. Background A Zoning By-law Amendment application has been submitted for 5785 & 5807 Ferry Street to permit the conversion of an existing 11 storey hotel and associated motel buildings into a 125 unit retirement home. The amendment requests a new General Commercial zoning with site specific regulations that permits the retirement home and a stand-alone restaurant use. The amendment also requests the parking standard for the retirement home to be 0.58 spaces per living unit. NEIGHBOURHOOD OPEN HOUSE Held on May 21, 2015, with one neighbour in attendance. Had no objections, but questions about parking, operation of the retirement home and anticipated opening date. Applicant described facilities that are planned, renovations to make facility accessible, and explained the parking reduction from 116 to 114 spaces. Planning Analysis 3 Council Minutes June 23, 2015 PROVINCIAL POLICY STATEMENT Provincial policies require 40% of all residential development to occur through intensification within the City's built up area. Conversion of the hotel to retirement home will assist the City in meeting its intensification targets and will provide additional housing options for seniors. OFFICIAL PLAN Lands are designated Tourist Commercial, intended for commercial uses. Lands are located in Drummondville Node where commercially designated lands that are in excess of demand may develop for residential purposes as part of a multiple use building or for stand-along buildings. Proposal complies with the OP as follows: • Conversion of hotel to retirement home complies with the policies with respect to the conversion of surplus commercial lands. The applicant has noted that the demand for hotel accommodation has declined in this area and the hotel operation is less viable. There are no significant changes proposed to the development, therefore the building will remain compatible with the surrounding commercial uses. • Adequate landscaping and separation distances from nearby low rise buildings are currently provided. The retention of the restaurant will maintain a commercial presence on the property while the retirement home will provide potential customers to surrounding businesses. • With a building height of 11 storeys and a density of 195 un/ha, the project conforms with the height and density parameters of the Official Plan. • The project will add to the variety of housing types available to residents in the area, and will assist in meeting the demand for seniors housing. • The retirement home is not expected to generate a significant amount of traffic, therefore impacts on existing traffic patterns are not expected. ZONING BY-LAW Current GC-419 zoning of the property limits the use of the lands to a hotel with accessory uses and services and a motel. This site specific zoning also limits buildings to the general size and configuration of what exists on the site. Applicant has requested a new zoning by-law which will retain the current regulations, continue to permit a hotel and will add a retirement home and a restaurant as permitted uses. The requested zoning will also reduce the required parking for a retirement home to 0.58 spaces per living unit (or 2 spaces) which is minor. Provincial policies require the submission of a Phase 1 Environmental Site Assessment before a commercial building is converted to a residential use. Phase 1 identified a diesel fuel storage tank on the property, so a Phase 2 is required and a Record of Site Condition is required to be filed with the MOE. Until this is completed, staff recommends that a Holding (H) symbol be placed on the property in the amending zoning by-law. DEEMING BY-LAW Subject lands are comprised of 6 whole lots and 2 part lots in two plans of subdivision. The development depends on all lots and parts being one parcel. If the lots are deemed 4 Council Minutes June 23, 2015 no longer to be within the registered plan of subdivision and put under the same ownership, they will be able to be merged with each other to form one parcel. This should be completed prior to the passage of the amending by-law. Conclusion Applicant submitted an application to amend the Zoning By-law for subject lands to permit a 125 unit retirement home, stand-alone restaurant and a reduction in the parking requirement. Amendment is recommended as follows: • The conversion of the building from a commercial use to a retirement home complies with the Official Plan policies with respect to the use of lands for residential purposes in Commercially designated lands; • The retirement home will provide housing to meet the needs of seniors and will assist the City in meeting its intensification goals; and • The requested parking standard represents a reduction of 2 parking spaces, which is minor and not expected to have any impacts. It is recommended that the project be subject to a holding (H) symbol until the applicant has completed a Phase 2 Environmental Site Assessment and filed a Record of Site Condition with the MOE. Recommendation That Council approve the Zoning By-law amendment application to permit a retirement home and a restaurant on the lands in addition to a hotel, and to reduce the parking standard for a retirement home to 0.58 spaces per living unit, subject to a holding (H) symbol until a Phase 2 Environmental Site Assessment has been completed and a Record of Site Condition has been filed with the Ontario Ministry of the Environment (MOE). Tony Pennacchio, who has a rental property nearby, was opposed to the application as he believes there is insufficient parking and previous owners of the property had nowhere for snow storage. Greg Taras, UEM Consulting, representing the applicant, was in agreement with the staff report and recommendations. There is a higher parking standard for the proposed use than the current one and they will look into the snow removal issues. 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 Public Meeting PBD-2015-20 -26CD-11-2014-003 Plan of Condominium (Vacant Land), 7276 Optimist Lane, Block 79, Plan 59M-401 (Optimist Subdivision). Applicant: Rinaldi Homes (Niagara) Inc. (Jerry Rinaldi). Agent: Carmela Agro, Upper Canada Consultants. Proposed" 16 Unit Vacant Land Condominium Proposal Applicant proposes to develop the 0.81 ha (2 ac) property on a block within a registered plan of subdivision. 5 Council Minutes June 23, 2015 The lands are zoned Residential Low Density, Grouped Multiple Dwellings (R4-975) Proposed condominium is comprised of 16 units of vacant land for future townhouse dwellings and includes a private road, visitor parking and amenity areas. Planning Analysis OFFICIAL PLAN Property is designated Residential in the City's Official Plan The block of land was established during the subdivision approval stage to provide alternate housing choices. The development will also contribute to the required short term (3 yr.) supply of housing mandated by the Planning Act for future needs. ZONING BY-LAW Property is zoned Residential Low Density, Grouped Multiple Dwellings (R4-975) with site specific regulations. Zoning permits the proposed townhouse dwellings. Relief from several zoning provisions was obtained through C of A PLAN OF CONDOMINIUM & CONDITIONS OF APPROVAL Plan of Condominium will accommodate the intended division of the block into vacant units of land that can be owned separately. Scale, height and setbacks will be compatible with surrounding housing. Province requires a set back 14 m. from QEW, but this buffer area can be developed with landscaping and surplus parking. RECOMMENDATION That the Plan of Condominium (Vacant Land) be draft approved subject to the conditions contained in Appendix 1 of Staff Report 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. 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 Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. Carmela Agro, Upper Canada Consultant, representing the applicant, was in agreement with the staff report and recommendations. The Public Meeting was Closed. ORDERED on the motion of Councillor loannoni, seconded by Councillor Craitor that the report be approved as recommended. Carried Unanimously 6 Council Minutes June 23, 2015 Councillor Kerrio vacated Chambers. MISCELLANEOUS PLANNING MATTERS PBD-2015-25 — Maters Arising from Municipal Heritage Committee Designated Property Grant for the BME Church 5674 Peer Street. The report recommends that Council approve a grant of $6,000 for the British Methodist Episcopal Church at 5674 Peer Street to assist with the cost of replacing the shingle roof. ORDERED on the motion of Councillor Morocco, seconded by Councillor Craitor that the report be approved as recommended. Carried Unanimously PBD-2015-27 — SCA-2015-001, 5713-5717 Victoria Avenue, The Works Gourmet Burgers. Proposed Sidewalk Café. The report recommends that Council approve the request for a sidewalk café permit for The Works Gourmet Burgers restaurant, at 5713-5717 Victoria Avenue with a sidewalk clearance of 2.4 metres for pedestrian travel. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that the report be approved as recommended. Carried Unanimously with Councillor Kerrio indicating a conflict. PBD-2015-28 — Proposed Lundy's Lane Community Improvement Plan The report recommends that Council approve the allocation of $60,000.00 in the Operating Budget currently slated for "Planning Studies" to the proposed Lundy's Lane Community Improvement Plan so as to provide funding for the Community Improvement Plan Study and week matching funding from the Region. ORDERED on the motion of Councillor Morocco, seconded by Councillor Pietrangelo that the report be approved as recommended. Carried Unanimously Councillor Kerrio returned to Chambers. PBD-2015-29 — Municipal Employment Creation Incentive Program The report recommends the following: 1. That the Niagara Gateway Economic Zone Community Improvement Plan and City Development Charges By-law be amended to add additional incentives for employment uses under the Municipal Employment Creation Incentive Program as outlined in this report. 2. That the City begin the process to amend the Development Charges By-law to facilitate a waiver of development charges. 3. That this report be forwarded to the Niagara Region to seek their support for the extension of the TIBG program for significant employment developments located outside of Strategic Locations for Investment or designated employment lands as outlined in this report. 7 Council Minutes June 23, 2015 ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the report be approved as recommended. Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Craitor that Councillors be advised of the Business Development Company Visits schedule and staff facilitate meetings between Council and the business community. Carried Unanimously PBD-2015-31 — CIP Funds be amended to Include Paving of Driveway Access & Parking Areas in the Historic Drummondville & Downtown CIP The report recommends that the Community Improvement Plans for the Historic Drummondville and Downtown be amended to add the paving of driveway access or parking areas as an eligible cost up to a maximum of 15% of eligible façade improvement grants as outlined in this report. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the report be approved as recommended. Carried Unanimously * * * * * OUTSTANDING ITEMS 7:30 P.M. FS-2015-04 Open Air Burning — Supplementary The report recommends that Council maintains the existing provisions of the Open Air Burning By-law. Further, that residents are encouraged to utilize certified natural gas or propane devices for recreational purposes, thereby significantly reducing the impact on their neighbours and the environment. ORDERED on the motion of Councillor Campbell, seconded by Councillor Kerrio that staff come back with a bylaw to implement the alternative outlined in the recommendation report, authorizing recreational fires on a City-wide basis. Motion Carried with Councillor Strange opposed. * * * * * MAYOR'S REPORTS, ANNOUCEMENTS Mayor Diodati extended condolences to Captain Paul DeKay, Fire Services, on the passing of his father, Eldon DeKay, to William Weber, a city employee on the passing of his mother, Millie Weber, and to Anna Morocco, a city employee, on the passing of her father, Jack (Butch) Morocco. Mayor Diodati advised of recent events: Rendezvous Canada Conference, Heart Niagara Clark Centre Dedication, Springlicious, Federation of Canadian Municipalities Conference in Edmonton, "The Wellness Story" Documentary Screening, produced by Lana Marconi, Niagara Falls Firefighter Volunteer Recruit Graduation, Piccadilly Fish and Chips opening, Niagara Dance Academy opening, Applebay Family Dental opening, Linemen Rodeo NPEI, City of Niagara Falls Employee Recognition Breakfast and the Pan AM Torch Relay and Community Celebration. 8 Council Minutes June 23, 2015 Mayor Diodati advised of upcoming events: high school graduations, Poker Run fundraiser for Kiki Colosimo, Annual Serbian Day Celebration Picnic, Canada Day, opening of Adventure Rooms Canada, Niagara Peninsula Energy Incorporated 100th Anniversary and 2015 Floral Clock Unveiling Ceremony, Chicago Pizza grand opening and 15th Anniversary Celebration — Mortgage Intelligence. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Stamford Volunteer Firefighters Association — request for relief to the Noise By-law. -AND- Memo from the City Clerk Tansu Barker deputation request RECOMMENDATION: For the Consideration of Council. 2. Taps Brewery - request for relief to the Noise By-law. RECOMMENDATION: For the Approval of Council. 3. Heater's Heroes - request for relief to the Noise By-law. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the requests associated with Communications 1-3 be approved. Carried Unanimously 4. Ontario Provincial Council of the Catholic Women's League of Canada — requesting a flag raising in conjunction with their conference. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the request be approved. Carried Unanimously 5. Fallsview B.I.A. — requesting approval of their 2015 budget. RECOMMENDATION: For the Approval of Council. 6. Lundy's Lane B.I.A. — requesting approval of their 2015 budget. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Craitor that the requests in Communications # 5&6 be approved as recommended. Carried Unanimously 7. Chippawa Dock Committee — requesting a grant equal to the fees associated with the Run for the Docks event. RECOMMENDATION: For the Consideration of Council. 9 Council Minutes June 23, 2015 ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that a grant equal to the fees be approved. Carried Unanimously 8. Regional Municipality of Niagara -AND- City of St. Catharines — correspondences related to Inter-Municipal Transit. RECOMMENDATION: That Council support the transits of St. Catharines, Niagara Falls and Welland working together on how to best provide Inter- Municipal transit. ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the recommendation be approved. Carried Unanimously 9. City of St. Catharines — notice of motion related to the Niagara District Airport. RECOMMENDATION: That Council support the motion to transfer the operations of the airport to the Region. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the motion be approved. Carried Unanimously 10.Various Municipalities — resolutions related to mail delivery. RECOMMENDATION: For the Information of Council. ORDERED on the motion of Councillor Morocco, seconded by Councillor Kerri to receive and file the communication. Carried Unanimously 11.Wayne Gates, MPP — requesting that Council pass the following resolution: That Niagara Falls City Council communicate to the Government of Ontario, its' strong objection to the sale of Hydro One without the express consent of the residents of Ontario, who are the rightful owners of these public utilities; and That Niagara Falls City Council requests the Province of Ontario to develop a sustainable, permanent funding source for the ongoing infrastructure needs of municipalities. ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the resolution be approved. Motion Carried with Councillor Morocco opposed. * * * * * 10 Council Minutes June 23, 2015 REPORTS 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. BDD-2015-05 Canada 150 Community Infrastructure Program Submission The report recommends the following: That Council approve the submission of the following projects under the Canada 150 Community Infrastructure Program: • Niagara Falls Farmers Market Phase 2 • Millennium Trail Sections 5 & 6 • Retrofitting of Existing Lights on Niagara Falls (The City is a member of the Illumination Board, and filed a joint application with the Niagara Parks Commission on the Board's behalf) F-2015-26- 2015 Schedule of Fees & by-law The report recommends that the Schedule of Fees as presented in the attached schedule, be approved effective July 1, 2015. F-2015-27 - Low Income Seniors' Water/Property Tax Rebate The report is recommended for the information of Council. F-2015-28 — Monthly Tax Receivables Report - May The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F-2015-29 - Municipal Accounts The report recommends that Council approve the municipal accounts totalling $25,986,357.54 for the period May 7, 2015 to June 3, 2015. F-2015-30 — General Insurance Report The report recommends that Council approve the 2015-2016 Comprehensive Insurance Program from Frank Cowan Co. Ltd FS-2015-03 - Stn. 5 Lease Agreement The report recommends that Council approve he lease with the Willoughby Volunteer Fire Department and authorize the Mayor and Clerk to sign the lease agreement. MW-2015-06 - George Bukator Park Rowing Facility Niagara Falls Rowing Club Agreements The report recommends the following: That the Mayor and City Clerk be authorized to enter into an agreement with the Niagara Falls Rowing Club governing its use and operation of the site George Bukator Park. 11 Council Minutes June 23, 2015 That the Mayor and City Clerk be authorized to enter into a sub-licence agreement with the Niagara Falls Rowing Club, conditional upon approval from Ontario Power Generation. MW-2015-08 - Millennium Recreation Trail Section 3 Development (Niagara Falls Lions Legacy Trail Project) Tender Award The report recommends the following: That Tender 2015-361-15 for the Landscape Development of the Millennium Recreation Trail Section 3 (Niagara Falls Lions Legacy Trail) be awarded to the lowest bidder, Stevensville Lawn Service Inc. for the amount of$522,167.00 excluding HST; and That the Mayor and City Clerk be authorized to execute the necessary contract documents. MW-2015-15 - Tender Award — Contract No. 2015-327-13, Hamilton Street, Fifth Avenue, Sixth Avenue Sewer Separation, Watermain Replacement and Road Reconstruction The report recommends the following: The contract be awarded to the lowest bidder Demar Construction Inc. at the tendered, price of $2,248,955.09; and That the Mayor and City Clerk be authorized to execute the necessary contract documents. MW-2015-16 -Tender Award — Contract No. 2015-316-13, Ridge Road Culvert Replacement The report recommends that the contract be awarded to the lowest bidder V. Gibbons Contracting at the tendered price of $144,577.50 ; and That the Mayor and City Clerk be authorized to execute the necessary contract documents. MW-2015-17- Heritage Park Improvements, KaBoom! Playground The report recommends the following: 1. That this report be received for information. 2. That council approve the Heritage Park play area site improvements to the lowest and compliant bidder subject to meeting the allocated budgeted amount established in the 2015 Capital Budget. 3. That the Mayor and Clerk be pre-authorized to execute the necessary contract for site work construction (2015-342-14 Heritage Park Improvements Project) in accordance with the provision of the purchasing policy and budget allocation. MW-2015-18 - Woodlot Management Plan The report recommends that staff be directed to commence the public engagement process and incorporate the feedback into a future report for Council's consideration. MW-2015-19- Tender Award — Contract No. 2015-08, 2015 Surface Treatment The report recommends the following: 1. The contract be awarded to the lowest bidder Norjohn Contracting & Paving Limited at the tendered price of$ 1,374,387.50. 2. That staff be permitted to increase the scope of work up to the full budgeted amount of $1,450,000. 12 Council Minutes June 23, 2015 3. That the Mayor and City Clerk be authorized to execute the necessary contract documents. MW-2015-20 -Tender Award — Contract No. 2015-03, 2015 Asphalt Overlay Phase 1 The report recommends that the following be approved: The contract be awarded to the lowest bidder Rankin Construction at the tendered price of $678,475.00. That the budget shortfall be offset by adjusting the approved budget for the 2015 Asphalt Overlay Phase 2 program accordingly. That the Mayor and City Clerk be authorized to execute the necessary contract documents. PBD-2015-26 — DB-2013-003 Deeming By-law Application, East and West Side of Hickson Street. Applicant: Canadian Specialty Castings. Proposed Industrial Redevelopment The report recommends that Council pass the by-law appearing on tonight's agenda to deem the following lots and partial laneway to no longer be within the registered plan of subdivision to enable them to merge; • Lots 179-185 and Lots 208-214, Plan 997, located on the west side of Hickson Street; • Lots 217, 218 and Part of Lots 219 and 220, Plan 997, located on the east side of Hickson Street; and • Partial laneway that exists between Lots 180-185 (inclusive) and Lots 208-213 (inclusive), Plan 997. PBD-2015-30 — PLC-2015-001, Request for Removal of Part Lot Control Lots 12 and 13, Plan 59M 262, 7661 and 7671 Bishop Avenue. Applicant: Karen Ann DeGiorgio. Agent: Brian Sinclair, Q.C. The report recommends the following: That Council approve the request and pass the by-law included in tonight's agenda to designate Lots 12 and 13 on Registered Plan 59M-262, as exempt from Part Lot Control for a period of three months. That the developer be required to notify the City when the new deeds for the lots have been registered. R&C-2015-08 — GNBA Score Board Agreement The report recommends that Council authorize the Mayor and City Clerk to act on behalf of the City to execute the greater Niagara Baseball Association (GNBA) Oakes Park Score Agreement. ORDERED on the motion of Councillor loannoni, seconded by Councillor Craitor that the reports on the Consent Agenda be approved as recommended. Carried Unanimously 13 Council Minutes June 23, 2015 RESOLUTIONS NO. 20 THOMSON — CAMPBELL — THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls authorizes the application, submitted by City staff, for Canada 150 Community Infrastructure funding for the Niagara Falls Farmers Market Phase 2. NO. 21 THOMSON — CAMPBELL — THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls authorizes the application, in conjunction with the Niagara Parks Commission, the City's partner on the Illumination Board, for Canada 150 Community Infrastructure funding for the Niagara Falls Illumination. Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo for a motion to reconsider report BDD-2015-05. Carried Unanimously BDD-2015-05 Canada 150 Community Infrastructure Program Submission The report recommends the following: That Council approve the submission of the following projects under the Canada 150 Community Infrastructure Program: • Niagara Falls Farmers Market Phase 2 • Millennium Trail Sections 5 & 6 • Retrofitting of Existing Lights on Niagara Falls (The City is a member of the Illumination Board, and filed a joint application with the Niagara Parks Commission on the Board's behalf) ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the recommendations related to the Niagara Falls Farmers Market Phase 2 and the Retrofit of the Illumination Lights be approved to be put forward for Canada 150 Community Infrastructure Program funding but that the Millennium Trail Sections 5 & 6 not be submitted with the related resolution pulled from the agenda. Carried Unanimously * * * * * RATIFICATION OF "IN CAMERA" ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the recommendations from the June 23`d, 2015 meeting be approved: L-2015-18 - Victoria Avenue License for Right of Way HOCO Limited That the City convey a right of way to HOCO Limited over the lands described in the recommendation report for an annual price of$5,000; and That the Mayor and Clerk be authorized to execute all related documentation. Carried Unanimously * * * * * 14 Council Minutes June 23, 2015 BY-LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the by-laws be given a first reading. Carried Unanimously 2015-63 A by-law to establish Part 3 on Reference Plan 59R-15104 as a public highway, to be known as and to form part of Butternut Boulevard 2015-64 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. 2015-65 A by-law to authorize the execution of a lease agreement with the Willoughby Volunteer Fire Department, respecting Station 5, located at 11208 Sodom Road. 2015-66 A by-law to authorize the execution of a license agreement with the Greater Niagara Baseball Association to sell advertising space on the scoreboard located at Oakes Park, 5700 Morrison Street 2015-67 A by-law to amend By-law No. 79-200, to reduce parking and aisle width requirements for a commercial plaza, and to eliminate loading requirements for a proposed 335 square metre commercial building (AM- 2015-002). 2015-68 A by-law to designate Lots 179-185, 208-214, 217, 218, Part of Lots 219 and 220 and the partial laneway between Lots 180-185 (inclusive) and Lots 208-213 (inclusive), Plan 997 to be deemed not to be within a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O. 1990 (DB-2013-003). 2015-69 A by-law to designate Lots 12 and 13, Registered Plan 59M-262, not be subject to part-lot control (PLC-2015-001). 2015-70 A by-law to authorize the payment of $25,986,229.00 for General Purposes. 2015-71 A by-law to fees and charges for various services, licences and publications for the City of Niagara Falls. 2015-72 A by-law to amend Bylaw No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Limited Parking, Parking Meter Zones) 2015-73 A by-law to authorize the execution of a Development Agreement with HOCO Limited respecting the development and occupancy of City lands by HOCO Limited. 2015-74 A by-law to authorize the execution of a Licence Agreement with HOCO Limited respecting the granting of a right of way over City lands for access to the entertainment facilities located upon the lands owned by HOCO Limited 2015-75 A by-law to authorize the execution of a Sublicence Agreement with Ontario Power Generation Inc. and the Niagara Falls Rowing Club, respecting the consent by Ontario Power Generation Inc. to a sublicence of its licence with the City, of the lands known municipally as George Bukator Park. 15 Council Minutes June 23, 2015 2015-76 A by-law to authorize the execution of a Licence Agreement with the Niagara Falls Rowing Club respecting the Club's use and maintenance of lands municipally known as George Bukator Park. 2015-77 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 23rd day of June, 2015. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the by-laws be given a second and third reading. Carried Unanimously NEW BUSINESS Hydro One ORDERED on the motion of Councillor Morocco, seconded by Councillor Campbell that Jim Bradley, M.P.P., or a member of the Provincial Government be invited to come to Council to speak to the sale of Hydro One. Motion Carried with Councillors loannoni and Thomson opposed. Heavy Construction Association ORDERED on the motion of Councillor Thomson, seconded by Councillor Craitor that staff report back on liaison with the local Heavy Construction organization. Carried Unanimously Pan Am Games ORDERED on the motion of Councillor Strange, seconded by Councillor Campbell that staff work with Niagara Falls Tourism for a welcome program for Pan Am/ Parapan Am athletes visiting Niagara Falls. Carried Unanimously Bike Lanes on Lundy's Lane ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Campbell that staff reach out to Regional staff on incorporation of bike lanes in association with the Lundy's Lane Streetscape Master Plan. Carried Unanimously Chippawa Odour South Side Low Lift CSO Tank Construction ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the Regional staff keep City officials informed on developments related to the issue. Carried Unanimously Park Update ORDERED on the motion of Councillor Thomson, seconded by Councillor Craitor that staff prepare a report on the updating of park equipment and the criteria for determining the amenities per park. Carried Unanimously 16 Council Minutes June 23, 2015 ORDERED on the motion of Councillor Morocco, seconded by Councillor Strange that the meeting be adjourned at 10:25 p.m. Carried Unanimously • DEAN IORFI A, C TY CLERK JAMES M. DIODATI, MAYOR 17