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2012/03/27FIFTH MEETING REGULAR COUNCIL MEETING March 27, 2012 Council met on Monday, March 27, 2012 at 5:30 p.m. for a Committee of the Whole session followed by an In Camera session. NO. 8 - MAVES -WING THEREFORE BE IT RESOLVED THAT on March 27, 2012 Niagara Falls Council will go into a closed meeting to consider matters that fall under the subject matters 239 (2)(e), a litigation matter, 239(2)(a), security of the property of the municipality and 239(2)(d) labour relations. Following consideration of the items presented, the In Camera Session did rise and report in open session. All members of Council were present. Council met for the purpose of considering Regular Business matters in Council Chambers at 6:45 p.m. All members of Council were present. Mayor Diodati offered the Opening Prayer. ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Morocco, seconded by Councillor loannoni that the minutes be approved, as printed. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Wing indicated a conflict to report PD- 2011 -24, AM- 2011 -016, as she owns property in the planning circulation area and MW- 2012 -04, as it affects winter maintenance on her street. Councillor loannoni indicated a pecuniary interest to cheques no. 353052 and 3530195 as she works as an agent for that company and to report R &C- 2012 -05, the portion pertaining to all employees, as a member of her family is employed at the Gale Centre. Councillor Morocco indicated a pecuniary interest to cheque numbers 352716 and 353305, made payable to her spouse. Councillor Pietrangelo indicated an indirect pecuniary interest to a matter from Committee of the Whole, PD- 2012 -08, as his family has testamentary devise lots. Mayor Diodati indicated a pecuniary interest to cheque numbers 352507 and 352970, made payable to himself. PLANNING MATTERS PD- 2012 -22 & AM- 2011 -003 - Optimist Park Draft Plan of Subdivision, Optimist Park Draft Subdivision (revised). Official Plan Amendment Application (revised), Zoning By -law Amendment Application, Dorchester Road (West Side) North of Morrison Street. Owner: River Realty Development (1976) Inc. The Director of Planning reviewed the recommendations and provided the following information. 2 Council Minutes March 27, 2012 Background Council considered these applications at its July 18, 2011 meeting. Decision deferred until the Sustainable Transportation Master Plan (STMP) was completed. Council adopted the recommendation that the unopened portion of Morrison Street be retained for a future flyover across the QEW. The applicant has redesigned the proposed plan of subdivision to exclude these lands. The revised Plan of Subdivision consists of 120 Tots for single detached dwellings and a 2.1 (5.2 ac) block for commercial development. There are no longer any townhouse dwellings proposed and a 0.4 ha (1 ac) block has been included for parkland. The requested OP amendment would apply the Residential designation for the 120 single detached lots and Major Commercial designation to the commercial development and the parkland to be designated as Open Space. The Zoning By -law amendment application would be to rezone the subject land to a site specific R1 E, site specific GC zone and a site specific Open Space (OS) zone. A Neighbourhood Open House Open House held on March 1, 2012 Concerns expressed by those in attendance included: ► Extra traffic resulting from the connection with Close Avenue ► Site drainage ► Capacity of the stormwater and sanitary sewers ► Increase in traffic congestion at Morrison & Dorchester intersection Letters of objection submitted outlined some of the above concerns as well as the following: ► Parkland dedication ► Loss of Optimist Park ► Excess of housing supply ► Excess commercial land supply; and ► Reductions to the zone regulations Planning Analysis PROVINCIAL POLICY STATEMENT & GROWTH PLAN The planning applications conform to the Provincial Growth Plan and are consistent with the Provincial Policy Statements as follows: ► It promotes an efficient development and land use patterns; ► It provides for both residential and commercial development; ► It promotes cost - effective development standards to minimize land consumption and servicing costs; ► Public infrastructure is available and optimized (including water, sewers, roads and transit facilities); ► Preserves the option of a Morrison Street flyover over the QEW, thereby promoting an efficient future transportation system; and ► It will contribute an additional 1.2 years to the City's short term supply of land through residential intensification, redevelopment and land in draft approved plans. Official Plan The Official Plan states that privately owned land in the Open Space designation will not necessarily remain so designated indefinitely. The Official Plan designates the subject lands mainly as Open Space with a small portion designated as Major Commercial. - 3 - Council Minutes March 27, 2012 It is necessary to redesignate the lands to residential to allow residential development. The proposed residential area conforms to the Official Plan: ► It is compatible with the surrounding area and has regard to providing a housing mix, density (18.5 units per ha), building mass, setbacks and building heights; ► the Plan provides lots for singles next to existing singles and continues a road connection that was anticipated more than 50 years ago; ► Adequate municipal services (water, stormwater, sanitary sewer) are available; ► Adequate schools, transit and fire protection are available; ► Parkland dedication, streetscaping, sidewalks and other amenities can be addressed through conditions of draft plan approval; The proposed commercial area represents an expansion to the existing major commercial designation and will offer smaller retail stores that will complement the existing retail district. Subdivision Design In response to Council's decision to preserve Morrison Street for a future flyover over the QEW, the subdivision has been revised so that Optimist Lane now ends in a cul -de -sac at the west end. To ensure that the cul -de -sac was not longer than 150 m, an additional street (Street "B ") was added. The applicant has submitted a traffic impact study which supports the connection with Close Ave. and concludes that there would be no adverse impacts to the existing neighbourhood. The fact that Close Ave. was not ended in a cul -de -sac indicates that it was intended to be extended to the south into a subdivision when the lands became available. Lots backing onto the QEW will be subject to a 14 metre MTO setback which reduces the amenity area. Applicant has revised the plan to ensure that Lots 37 -40 are of sufficient depth to have an additional 7.5 m setback from the MTO 14m setback. Similarly, Lots 34, 35 & 36 would have an additional setback of 6 m from the MTO setback due to their shallower depth. The applicant is proposing to dedicate a block for parkland that will be used as a park until such times as the land is needed for the Morrison Street flyover over the QEW. The Optimist Club intends to maintain a small park with the playground equipment. A 2.5 metre wide pathway between Optimist Lane and the park is proposed. The redesign of the subdivision has allowed for the preservation of nearly all the healthy mature trees identified in the tree preservation report located in the Optimist park land. The applicant has submitted a servicing report that details that stormwater management will be handled using in- ground services which eliminate the need for a stormwater management pond. ZONING BY -LAW The applicant requests the zoning on Lots 1 to 120 be changed to a site specific R1 E zone as follows: Minimum Lot area Minimum Lot frontage Minimum Side Yard width Minimum Rear Yard Depths for lots 34 -36 From 370 m2 to 280 m2 From 12m to 10m Interior: from 1.2m & 1.8m to 0.9m &1.2m Exterior from 4.5m to 3.0m b From 7.5m to 6m 4 Council Minutes March 27, 2012 Maximum Lot coverage => From 40% to 45% These site specific zoning regulations are consistent with the regulations being proposed in the City's new Comprehensive Zoning By -law for small single detached lots. Block 122 is to be rezoned to site specific GC to reduce the required front yard depth and establish a maximum gross retail floor area: The amount of commercial floor area will actually be limited by the required parking for the site. The applicant requests that Block 123 be zoned Open Space, but as this block is intended to be used entirely for a future flyover, it would not be appropriate to zone it OS as this may be interpreted as intending for the park to be permanent. It is recommended that the R1 E zone be extended to cover Block 123 as this will permit a municipal park but does not imply that the park is to be permanent. Conclusion The applicant previously filed applications for an Official Plan amendment, plan of subdivision for 114 residential lots, a block for 18 on- street townhouse dwellings and a block for commercial development and Zoning By -law amendment for the majority of Optimist Park. The applications were revised in February 2012 to reflect a redesigned plan of subdivision containing 120 residential lots, a smaller block for commercial development and a new block for a park. The revised plan of subdivision addresses Council's decision to maintain Morrison Street for a future flyover. The application can be supported for the following reasons: ► OP amendment is consistent with Provincial Policies and conforms to the general policies of the City's OP; ► Zoning amendment conforms with the City's OP and provides appropriate regulations for the development. ► Proposed street connection with Close Avenue completes a road design which was anticipated when Queensway Gardens subdivision was developed and will not have a negative impact on adjoining neighbourhood; ► The proposed lots accommodate detached dwellings which are compatible with the surrounding neighbourhood to the north; ► The proposed commercial block will accommodate a minor rounding out of the Morrison /Dorchester retail district; and, ► The proposed subdivision conforms to the City's OP with respect to compatibility and maximum density. Recommendation That Council grant draft approval to the Optimist Park Plan of Subdivision subject to the conditions in the 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 application to amend the Official Plan be approved as detailed in the staff report. That the application to amend the Zoning By -law be approved to guide the development of the subdivision. That the Mayor and City Clerk be authorized to execute the Subdivision Agreement and any required documents to allow for the future registration of the subdivision when all - 5 - Council Minutes March 27, 2012 matters are addressed to the satisfaction of the City Solicitor. Tommy Anello, 6375 Balmoral Avenue, questioned development on the parcel. David Devine, 4468 Queensway Garden, requested that the developer keep the access to Close Avenue closed. He outlined similar examples where roads were closed at the request of nearby residents such as Dell pak and Grassy Brook Roads. William Robinson, 7011 Dirdene Street, submitted a petition in support of keeping Closed Avenue closed. Victor Muratori, representing the applicant, confirmed that the developer had a binding agreement with the property owners, they have waive d any conditions on the agreement of Purchase of Sale and the closing date is June 12th. Mr. Muratori endorsed the Council report and recommendations. He indicated that the applicant has looked at alternatives for keeping Closed Avenue closed but the City requires two means of access. The plan submitted is the best plan from a public safety point of view. The Public Meeting was Closed. ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the report be approved subject to Close Avenue not being open to through traffic and only accessible by emergency vehicles. Motion Carried with Councillor Gates opposed PD- 2011 -016, Zoning By -law Amendment Application, 5982 Culp Street. Applicant: David Tetrault, Agent: Chris Cristelli,. Proposed Bed and Breakfast The Director of Planning reviewed the recommendations and provided the following information. Background A Zoning By -law amendment is requested for 5982 Culp Street to permit the existing dwelling to be used as a tourist home (bed and breakfast) and to permit up to 3 bedrooms to be used for tourists. The current Residential Single Family and Two Family (R2) zoning does not permit a tourist home so the applicant is requesting the R2 zoning to be site specifically amended to add a tourist home to the list of permitted uses. Other site specific relief is requested for rear yard and exterior side yard setbacks, building height and parking area regulations to recognize existing conditions. Neighbourhood Open House Held on February 13, 2012 7 residents in attendance No concerns or objections to the application. Planning Analysis Official Plan Designated Residential in Official Plan - 6 - Council Minutes March 27, 2012 A bed and breakfast establishment (tourist home) is permitted as an ancillary use. The ancillary uses are to be regulated as to their location, size and traffic generation in order to minimize disturbances to adjacent properties and protect the character of the neighbourhood. The proposed development complies as follows: ► Residential character of the property and neighbourhood will be maintained as no significant changes area required to accommodate the change of use; ► Site is within walking distance of services and tourist attractions ► Uses is not expected to disturb surrounding residents as there is sufficient amenity space and parking ► Tourist home is not expected to generate significant amount of traffic ► Use of dwelling as tourist home represents an adaptive re -use of a heritage building. Zoning By -law Residential Single Family and Two Family (R2) zone only permits single detached, semi- detached and duplex dwellings. The requested site specific zone change is to add a tourist home (bed and breakfast) to the list of permitted uses Tourist home should be limited to 3 bedrooms for tourists to ensure it remains at a scale compatible with the surrounding neighbourhood. Applicant has requested site specific modifications to the R2 regulations to recognize the existing situations: ► reduced rear yard depth of 2.25 m from 7.5 m; ► reduced exterior side yard width of 3.1 m from 4.5 m ► increase in building height of 11.9 m from 10 m ► increase in the area of an exterior side yard that can be used for parking of 65 m sq m from 50 sq m. Recommendation That Council approve the Zoning By -law amendment application to rezone the land to a site specific Residential Single Family and Two Family (R2) zone to permit the existing single detached dwelling to be used as a tourist home (bed and breakfast) with a maximum of three bedrooms to be used for tourists. Conclusion The applicant has requested a zoning amendment to permit the existing single detached dwelling on the property to be used as a tourist home (bed and breakfast) with three rooms for tourists. The amendment can be supported as follows: ► The Official Plan permits tourist homes in residential areas where they are compatible with the surrounding neighbourhood; ► Restricting the tourist home to 3 rooms will keep it at a scale that is compatible with the neighbourhood; ► The site is close to services and tourist attractions; ► The site is easily accessed from the City's arterial road network; and ► Using a heritage dwelling as a tourist home can assist in maintaining it. The Public Meeting was Closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the report be approved as recommended. Carried Unanimously with Councillor Wing declaring a conflict. -7- Councillor Pietrangelo Chaired the Budget meeting, 8:30 p.m. BUDGET MATTERS Council Minutes March 27, 2012 The Director of Finance made a presentation on the status of the operating budget and a debt management strategy. Operating Budget ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that Council petition the Region requesting that their staff meet with social service providers, that the City currently supports, to develop a sustainable funding model without lower -tier funding. Carried Unanimously ORDERED on the motion of Mayor Diodati, seconded by Councillor Gates to approve the 2012 Operating Budget as presented. Motion Carried with Councillors loannoni and Wing opposed. 1 F- 2012 -11 - Debt Management The report recommends that Council adopt Option 2 as outlined in the report as a debt management plan, and direct staff to utilize the plan in the development of the 2012 Capital budget and a long term ten year capital plan for presentation in June, 2012. ORDERED on the motion of Councillor Gates, seconded by Councillor Kerrio that F- 2012 -11 be referred back to staff to consider the option presented by Councillor Pietrangelo. Carried Unanimously RECREATION & CULTURE MATTERS Councillor loannoni exited Chambers. 1. R &C- 2012 -05 - Gale Centre Update The report recommends that Council approve the following actions: Gale Centre Staffing Complement • Review the staffing levels and examine shifts in order to maximize the effectiveness of current staff. This may require changes to schedules and duties of existing employees. • Examine arena hours of operation including: the reduction of summer ice at the Gale Centre and the Chippawa/Willoughby Arena hours of operation to help reduce staffing costs to the arena operations. This may include the need for some seasonal transfers. Facility Cleanliness /Maintenance • Continue discussions with operational staff to address the cleanliness of the facilities. This includes undertaking a "time analysis" to determine maintenance schedules and standards. Utility Rates and Energy Efficiencies • Complete the review of the energy efficiency of the Gale Centre and prepare an update report to Council. • Reduce operation costs by shutting down one to two pads at the Gale Centre in the summer months. Operating two to three pads of ice during the summer months will assist in lowering utility costs and labour costs. Facility Utilization and Rental Rates • Reduce the number of available ice pads to two pads at the Gale Centre for the majority of the spring /summer season, commencing May 15`h - 8 - Council Minutes March 27, 2012 • Consolidate daytime ice hours at the Gale Centre, as opposed to Chippawa / Willoughby, with the exception of tournaments. • Review operation costs to ensure ice rentals rates are covering the cost of maintaining one hour of prime time ice. • Review the youth prime rate for resident / non - resident organizations and adult non - prime groups. The review will include discussing possible future increases with youth organizations to enhance ice rental revenues. • Lower the adult non -prime rate to be more competitive with surrounding communities in order to attract additional daytime, Monday to Friday non -prime rentals at the Gale Centre. • Develop a nominal education rate to charge elementary schools when booking the non -prime ice for skating sessions. Tournaments • Revisit the tournament and special events policy in an attempt to maximize revenue opportunities. • Review tournament pricing to ensure competitiveness in order to secure additional events. Sport Tourism and Facility Marketing • Ensure that the availability of the Sports Tourism Grant Program is marketed to potential visiting tournaments for the Gale Centre. • Promote spring and summer ice and floor rental opportunities to attract new users. • Develop a marketing plan and corresponding promotional materials for the Gale Centre. Third Party and Tenant Agreements • Monitor the existing agreements and report back to Council. • Meet on a regular basis with tenant groups to discuss and resolve any issues that may arise. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Morocco that the report be approved and staff come back with an update report prior to the winter ice season. Carried Unanimously with Councillor loannoni declaring a conflict. Councillor loannoni returned to Chambers, 10:42p.m. 2. R &C -2012 -08 - Biodegradable Bottles The report recommends the following: 1 That City Council adopt Staff's definition of a biodegradable single use beverage container describing a product that is certified by the Biodegradable Products Institute (BPI) (that include ASTM D6400 and /or D6868 standards) and US Compost Council. Product must meet standard specifications for use in municipal composting facilities. Product must have BPI logo and/or the Compostable logo that is recognized by the Compost Council of Canada as a product that is certified with the standard CAN /BNQ 0017 -988 included on packaging (attachment #1 and #2). 2. That based on the recommended definition of a biodegradable single use beverage container, the Red Leaf water bottle does not adhere to the recommended definition. 3. And that at this time there is no biodegradable single use beverage container that meets this definition, therefore no biodegradable single use beverage containers can be sold at City facilities. Connor Bitter, Co -Chair of the Mayor's Youth Advisory Committee reiterated the committee's stance against the sale of plastic water bottles at City facilities. Frank Fohr, Park in the City, indicated he is in support of the staff report and recommendations. - 9 - Council Minutes March 27, 2012 Fern Colavecchia, Break -A -Way Concession owner, expressed his concern about the ban on sale of plastic water bottles and indicated the effect it has had on the business. ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that the report be approved as recommended. Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates that the meeting go past 11 p.m. Motion Carried with Councillor Thomson opposed. MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati offered condolences to Rick Zabor, a City employee, on the loss of his brother Ralph Zabor and condolences to the family of the late Horace Wheeler, a former City employee. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that a letter of condolence be sent to the Rienzo family. Carried Unanimously Mayor Diodati advised of some recent events: Wearing purple to raise awareness for Epilepsy, the State of the City address, available for viewing on the City's website and the Clarkson Cup tournament that saw Adrienne Clarkson and Hazel McCallion attend. Mayor Diodati advised of some upcoming events: Earth Hour, Project SHARE's Easter food drive, the Niagara District Airport Annual Meeting, a benefit for Karissa Anderson, and the launch of the iride card by Niagara Transit. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 Niagara Regional Labour Council - requesting Council approve a resolution related to the Canada /European Union Comprehensive Economic and Trade Agreement (CETA). RECOMMENDATION: That Council approve the related AMO resolution. Heather Kelley, Vice President of the Niagara Regional Labour Council made a brief presentation to Council and asked that Council support the Labour Council's resolution. ORDERED on the motion of Councillor Wing, seconded by Councillor Gates that Council approve the Labour Council's resolution related to CETA. Carried Unanimously 2. Canadian National Autism Foundation - requesting that April 2nd be proclaimed as "Autism Awareness Day" and that a link be placed on the City's website. RECOMMENDATION: For the approval of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the communication be approved. Carried Unanimously 3. Letter from Sullivan Mahoney - re: Niagara Escarpment Commission Appeal Reconstruction of Fruitbelt Parkway RECOMMENDATION: To preserve the City's right to appeal, staff be directed to appeal the decision of the Niagara Escarpment Commission decision regarding the reconstruction of Fruitbelt Development; and That staff bring back a report to Council on the particulars of the appeal. - 10 - Council Minutes March 27, 2012 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the communication be approved as recommended, Carried Unanimously REPORTS RATIFICATION OF COMMITTEE OF THE WHOLE RECOMMENDATIONS ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the actions taken in the Committee of the Whole meeting, on March 27, 2012 be approved. Carried Unanimously 1. The Committee of the Whole minutes of the February 28, 2012 be approved. 2. REPORTS: a) PD- 2012 -08 Appeal of Committee of Adjustment Decision Minor variance Application A- 2011 -023 Parts 3 & 4 on Reference Plan 59R -7429, Montrose Applicant: Johnny Ventresca 1. Council authorize staff to withdraw the appeal to the OMB regarding the Committee of Adjustment's decision to grant Minor Variance Application A- 2011 -023; 2. That staff report back on testamentary devise Tots and possible Official Plan amendments related to testamentary devise lots. b) MW- 2012 -14 Don Johnson Park Upgrades & Hydro One Park Licence Agreement Renewal 1. That Council authorize staff to proceed with a renewal agreement with Hydro One for the use of Hydro property and that the Mayor and City Clerk execute the finalized agreement. 2. That staff be authorized to complete the engineering phase ($10,000). 3. That an expenditure of $138,000 be included in the 2012 Capital Budget deliberations. c) PD- 2012 -21 Regional Policy Plan Amendment No. 1 -2012 Gateway Urban Employment Lands 1. That Council approve that report PD- 2012 -21 be submitted to the Niagara Region as the City's formal comments on Regional Policy Plan Amendment No. 1 -2012 and that the expansion of the gateway urban employment lands include the DiCosimo/ Mont Rose lands. - 11 - Council Minutes March 27, 2012 RATIFICATION OF" IN CAMERA" RECOMMENDATIONS ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the recommendations from the " In Camera" meeting from March 27th, 2012 be approved. 1. BDD- 2012 -06 Update re Metrolinx (GO Transit) Maintenance Facility Participation Agreement for the Visitor Transportation System (VTS) That Council authorize the Mayor and Clerk to sign the Operation, Maintenance, and governing Agreement with Metrolinx (GO Transit) with Councillor loannoni declaring a conflict. 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. BDD- 2012 -04 - Kinsmen Court Business Park Sign. The report recommends the following: 1. That Council authorize staff to work in partnership with the Kinsmen Court businesses regarding the design, installation and maintenance of a Business Identification sign to be located on Montrose Road at Kinsmen Court. 2. That Council authorize the Mayor and Clerk to sign the agreement with the Region to permit the sign on the Regional road allowance. F- 2012 -12 - Municipal Accounts. The report recommends that Council approve the municipal accounts totalling $20,636,684.28 for the period January 25, 2012 to March 7, 2012. F- 2012 -13 - Annual Statement of Remuneration and Expenses. The report is recommended for the information of the Municipal Council. F- 2012 -14 - Monthly Tax Receivables Report. The report recommends that Council receive the Monthly Tax Receivables report for information purposes. MW- 2012 -03 - Weeping Tile Removal Assistance Program (WRAP) Update. The report recommends that Council authorize staff to continue with implementation of the Weeping Tile Removal Assistance Program (WRAP), including the modifications as recommended in this report. MW- 2012 -18 - New Chippawa Public Dock Development. The report recommends that staff be authorized to complete the engineering phase ($15,000) of the New Chippawa Boat Dock and the construction costs be considered in the 2012 Capital Budget deliberations. MW- 2012 -04 - 2012 Boulevard and Winter Restoration Program. The report recommends that the following be approved: 1. That the revised Level of Service for the annual Boulevard and Winter Restoration Program, and that; 2. the Mayor and Clerk be authorized to execute an agreement with the successful bidders being; Phoenix Landscaping, Jason Steele Contracting Inc., Sacco Construction and Centennial Construction. - 12 - Council Minutes March 27, 2012 PD- 2012 -23 - PLC- 2012 -001, Request for Removal of Part Lot Control, Block 42, Plan 59M -251, More Specifically Described as Parts 1 and 2, Plan 59R -_, Pinestone Road, Owner: Nikola & Caroline Matovic. The report recommends the following: 1. That Council approve the request and pass the by -law included in tonight's agenda to designate Block 42 of Registered Plan 59M -251, as exempt from Part Lot Control. 2. That the owner be given two years to create the new parcels and notify the City when the separate deeds have been registered. PD- 2012 -25 - Matters Arising From Municipal Heritage Committee. The report recommends that Council direct staff to add the Niagara Transformer Station at 6389 Allendale Avenue to the Municipal Register of Heritage Properties as it is significant to the community for its associative value with the development of the Hydro electric industry in the City and the province and its association with prominent architect John Lyle. R &C- 2012 -06 - Skating Aids. The report recommends the following: 1. That skating aids not be permitted during public skating sessions. 2. That skating aids only be permitted during family skates, pre - school skates and other learn -to -skate programs. 3. And that staff schedule a new weekend family public skating session to run concurrently with a public skating session and that a maximum of 50 participants be permitted for the family skate to permit the required space for the use of skating aids. TS- 2012 -07 - Douglas Street Parking Control Review. The report recommends that a no stopping zone between the hours of 8:00 a.m. and 4:30 p.m., Monday to Friday, be established on the south side of Douglas Street between Dorchester Road and Warden Avenue. ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the reports on the Consent agenda be approved as recommended. Carried Unanimously with Councillor Wing declaring a conflict to MW- 2012 -04. STREET RENAMING BY -LAW CD- 2012 -03 - Re- naming Northern Portion of Falls Avenue to Blondin Avenue The report recommends that Council approve the renaming of the northern portion of Falls Avenue to Blondin Avenue and approve the related by -law listed later on the Consent Agenda. ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes that the report be approved as recommended. Carried Unanimously - 13 - Council Minutes March 27, 2012 BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Gates that the by -laws be given a first reading. 2012 -12 A by -law to rename Falls Avenue Plan 294 Town of Niagara Falls lying between Newman Hill Road and John Street, City of Niagara Falls, as Blondin Avenue. 2012 -13 A by -law to designate Blocks 42, Registered Plan 59M -251, not be subject to part-lot control. (PLC- 2012 -001) 2012 -14 A by -law to amend By -law No. 79 -200, to permit a cottage rental dwelling on the Lands in addition to the uses permitted in an R2 zone. (AM- 2011 -012) 2012 -15 A by -law to amend By -law No. 2002 -148, which amended By -law 79 -200, to revise the legal description of the lands. (AM- 2011 -013) 2012 -16 A by -law to amend By -law No. 2009 -84, which amended By -law 79 -200, to revise the legal description of the lands and to adjust the landscaping provision. (AM- 2011 -013) 2012 -17 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Community Safety Zones) 2012 -18 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs at Intersections, Yield Signs at Intersections, Stopping Prohibited, Community Safety Zones) 2012 -19 A by -law to amend by -law 2011 -61, a by -law provide for citizen appointments to certain Committees. 2012 -20 A by -law to authorize the payment of $20,636,684.28 for General Purposes. 2012 -21 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 27th day of March, 2012. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the by -laws be read a second and third time and passed. Carried Unanimously NEW BUSINESS Gateway Urban Employment Lands ORDERED on the motion of Councillor Wing, seconded by Councillor Thomson that the Province be petitioned to establish a Niagara Development Fund to serve as a catalyst for development along the Q.E.W. corridor Carried Unanimously Niagara Falls Humane Society ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that Council sponsor a table for the 2"d Annual Trivia Night, Friday April 13 at 7 p.m. Carried Unanimously - 14 - Council Minutes March 27, 2012 Ferry Street/Robinson /Stanley/ Fallsview Blvd. ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that the issue of derelict and vacant buildings in the Ferry Street /Robinson /Stanley/ Fallsview Blvd. area be referred to staff for a report Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes that the meeting be adjourned at 12:15 a.m. D ANXtv IORFID CITY CLERK Carried Unanimously JAMES M. DIODATI, M/(YOR