2012/07/24rr
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COUNCIL MEETING
July 24, 2012
PRAYER: Councillor Pietrangelo
ADOPTION OF MINUTES: Council Minutes of June 26, 2012
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DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a brief explanation thereof will be made for the
current Council Meeting at this time.
PRESENTATIONS/ DEPUTATIONS
GNGH Foundation
Ruth Ann Nieuwesteeg, Chair of the Greater Niagara General Hospital Foundation,
will be requesting that Council purchase a table for their gala fundraiser.
Heartland Forest
Elisabeth Graham, Executive Director, Heartland Forest, will be requesting City
participation in the Niagara Falls Canada Chamber of Commerce Golf Tournament which
benefits Heartland Forest this year.
Niagara District Airport Commission
Reudi Suter, Chairman of the NDAC will request approval of a budget amendment
to the Commission's 2012 budget related to a Fixed Based Operator (FBO) agreement.
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PLANNING MATTERS
Public Meeting
26T -11- 2012 -01 & AM- 2012 -003
Deerfield Estates Phase 10 Draft Plan of Subdivision and Zoning By -law Amendment
Application Block 209, Plan 59M -384
Kalar Road(West Side), South of Lundy's Lane
Owner: River Realty Development (1976) Inc. (Stewart Branscombe)
Background Material:
Recommendation Report: PD- 2012 -42
Public Meeting
AM- 2012 -006, Official Plan nd Zoning By -law Amendment
Application: 9941 Lundy's Lane, Applicant: Futecan Canada Inc.
Agent: Quartek Group Inc.
Proposed Winery & Ancillary Uses
Background Material:
Recommendation Report : PD- 2012 -41
Public Meeting
AM- 2012 -005, Official Plan and Zoning By -law Amendment Application
5555, 5599 and 5651 River Road, 4369 Hiram Street and 5600 Blondin Avenue.
Applicant: 2298642 Ontario Inc. and 2302846 Ontario Inc.
(Ralph Terrio and Hunter Milborne) Agent: MMM Group (Chad John - Baptiste)
Background Material:
Recommendation Report : PD- 2012 -46
-AND-
Correspondence from John & Theresa Prentice
MISCELLANEOUS PLANNING MATTERS
PD- 2012 -36 - Proposed Change from Residential Loan to Residential Grant Downtown
Community Improvement Plan - Revised
TRANSPORTATION MATTERS
TS- 2012 -30 - WEGO Operations, Maintenance and Storage Facility Class B Cost Estimate
Update.
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MAYOR'S REPORTS, ANNOUNCEMENTS
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1.a Victoria Centre BIA - requesting approval of their 2012 budget.
1.b Fallsview BIA - requesting approval of their 2012 budget.
1.c Lundy's Lane BIA - requesting approval of their 2012 budget.
RECOMMENDATION: For the Approval of Council.
2. CIBC Queen Street - requesting an encroachment of a minor nature to enable an
accessible ramp into their Downtown branch.
RECOMMENDATION: For the Approval of Council.
3. Memo from City Clerk - background on the Line Fences Act and Fence Viewers.
RECOMMENDATION: For the Direction of Council.
4. NFCS Titans - requesting relief to the City's Noise By -law in relation to the 50th
Anniversary of the A.C. Douglas tournament.
RECOMMENDATION: For the Approval of Council.
Additional Items for Council Consideration:
The City Clerk will advise of any items for Council consideration.
REPORTS
RATIFICATION OF COMMITTEE OF THE WHOLE RECOMMENDATIONS
RATIFICATION OF "IN CAMERA" RECOMMENDATIONS
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RESOLUTIONS
1 THEREFORE BE IT RESOLVED that the Corporation of the City of Niagara Falls
submits the Battlefield Redevelopment Projectforconsideration for the Community
Infrastructure Improvement Fund (CIF)
2. THEREFORE BE IT RESOLVED that the Corporation of the City of Niagara Falls
submits the Millennium Trail Section Three for consideration for the Community
Infrastructure Improvement Fund (CIF)
3. THEREFORE BE IT RESOLVED that the Corporation of the City of Niagara Falls
submits the Reconstruction and Road Widening of McLeod Road for
consideration for the Community Infrastructure Improvement Fund (CIF)
4. THEREFORE BE IT RESOLVED that the Corporation of the City of Niagara Falls
submits the Prince Charles Park and Pool Redevelopment Project for
consideration for the Community Infrastructure Improvement Fund (CIF)
5. THEREFORE BE IT RESOLVED that the Corporation of the City of Niagara Falls
request that the Regional Municipality of Niagara submit the Thorold Stone Road
extension for consideration for the Community Infrastructure Improvement Fund
(CIF)
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- 2012 -08 - Adult Entertainer Hearings June 26
F- 2012 -31 - 2011 Development Charges
F- 2012 -36 - Municipal Accounts
F- 2012 -37 - Major Receivables Monthly (June)
HR- 2012 -06 - Council Chambers
L- 2012 -17 - Niagara Falls Bridge Commission Lease Agreement with the City and
Region Parts 2, 3 & 4 on Reference Plan 59R- 11659, 4300 Buttrey Street
MW- 2012 -39 - 2012 Surface Treatment Program, Tender Award - Contract #2012 -08
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MW- 2012 -40 - Willoughby Drive Extension Construction Development Agreement
MW- 2012 -41 - 2012 Asphalt Overlay Program Phase 1, 2 & 3. Tender Award - Contract
#2012 -03.
MW- 2012 -43 - Deerfield Estates Phase 9 (River Realty) Request to Amend Subdivision
Staging.
MW- 2012 -44 - Dixon Street/Cleveland Avenue Municipal Services Improvements
Tender Award - Contract # 2012 - 212 -08.
MW- 2012 -33 Authorization to Execute Contract Documents Various Municipal Works
Capital Projects.
PD- 2012- 26 -TARG- 2011 -001, "Revised" Brownfield Rehabilitation Grant. Agreement -
7549 Kalar Road - 2124484 Ontario Ltd. ( Warren Woods Development) Agent: Luciano
Piccioni - RCI Consulting.
PD- 2012 -39 - Deeming By -law Application, 4749 Buttrey Street. Applicant: Niagara
Energy Products Corp. Proposed Industrial Redevelopment.
PD- 2012 -40 - DB- 2012 -002, Deeming By -law Application. 6935 Oakwood Drive.
Applicant: 1788615 Ontario Limited. Agent: Chris Cristelli. Proposed Industrial
Development.
PD- 2012 -43 - Matters Arising from Municipal Heritage Committee, 2012 Designated
Property Grant Application.
PD- 2012 -44 - PLC - 2012 -004, Request for Removal of Part -Lot Control, Lots 12 -15, Part
of 16, Plan 59M -251. 6310 -6346 Pinestone Road. Developer: Mountainview Homes.
PD- 2012 -45 - PLC - 2012 -006, Request for Removal of Part -Lot Control Block 44, Plan
59M -251. Pinestone Road. Developer: Joe DiCosimo.
TS- 2012 -29- TransitAgreement with Niagara College's StudentAdministrative Council
BY -LAWS
The City Clerk will advise of any additional by -laws or amendments to the
by -laws listed for Council consideration.
2012 -56 A by -law to authorize the execution of a Subdivision Agreement with
Queensway Chippawa Properties Inc. respecting Chippawa West Phase II-
Stage 1 Subdivision, subject to all conditions of the Subdivision Agreement
being met to the satisfaction of the Director of Planning, Building and
Development.
2012 -57
2012 -58
6
A by -law to authorize the execution of a Lease Extension Agreement with The
Regional Municipality of Niagara and the Niagara Falls Bridge Commission,
respecting the use of Parts 2, 3 & 4 on Reference Plan 59R -11659 (Buttrey
Street), for parking purposes.
A by -law to designate Part of Lot 1, Lot 2, Lot 3, Part of Lot 4, Part of Lot 5, Lot
6, Lot 7, Lot 8, Lot 8A, Lots 26 to 43 inclusive, Lots 62 to 70 inclusive,
Registered Plan 997, Town of Niagara Falls;to be deemed not to be within a
registered plan of subdivision. (DB- 2012 -001)
2012 -59 A by -law to designate Lots 10 and 11, Registered Plan 228 to be deemed not
to be within a registered plan of subdivision. (DB- 2012 -002)
2012 -60 A by -law to amend By -law No. 79 -200 to establish new parking standards in
portions of the Clifton Hill and Fallsview Subdistricts. (AM- 2011 -002)
2012 -61 A by -law to amend By -law No. 79 -200 to exempt certain uses in the Victoria,
Clifton Hill and Fallsview Business Improvement Areas from having to provide
parking. (AM- 2011 -002)
2012 -62
2012 -63
A by -law to amend By -law No. 94 -212, which amended By -law No. 79 -200, to
eliminate the requirement to provide off-site parking and to replace Schedule
1. (AM- 2011 -002)
A by -law to amend By -law No. 2010 -152, which amended By -law No. 79 -200,
to guide the development of part of the Deerfield Estates Phase 10 plan of
subdivision and Block 209, Registered Plan 59M -384. (AM- 2012 -003)
2012 -64 A by -law to amend By -law No. 79 -200, to guide the development part of the
Deerfield Estates Phase 10 plan of subdivision on the Lands. (AM- 2012 -003)
2012 -65 A by -law to designate Lots 12 to 15 and Part of Lot 16, Registered Plan 59M-
251, not be subject to part-lot control. (PLC- 2012 -004)
2012 -66 A by -law to designate Block 44, Registered Plan 59M -251, not be subject to
part-lot control. (PLC- 2012 -006)
2012 -67 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.
2012 -68
A by -law to amend By -law No. 79 -200, to permit a tourist home (bed and
breakfast) for 4 bedrooms and an estate winery and ancillary uses on the
Lands in addition to the uses permitted in an A zone and repeal By -law No.
2004 -90, which permitted a tourist home with not more than 4 bedrooms. (AM-
2012 -006).
2012 -69 A by -law to provide for the adoption of Amendment No. 104 to the City of
Niagara Falls Official Plan. (AM- 2012 -006).
2012 -70 A by -law to amend by -law 2011 -61, a by -law provide for citizen appointments
to certain Committees.
2012 -71 A by -law to authorize the execution of an Agreement with Neil and Natalina
Barratt to convert a part of Willoughby Drive to an Improved Street.
2012 -72 A by -law to authorize the execution of an Agreement with Niagara College
Student Administrative Council Inc. to provide Niagara Transit Services for the
2012 -2013 school year.
2012 -73 A by -law to authorize the payment of $20,363,183.93 for General Purposes.
2012 -74 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 24th day of July, 2012.
NEW BUSINESS