Loading...
2012/09/11TWELFTH MEETING REGULAR COUNCIL MEETING September 11, 2012 Council met on Monday, September 11, 2012 at 4:05 p.m. in a Committee of the Whole meeting. All members of Council were present except Councillor Gates, who was away on business. Following the conclusion of the Committee of the Whole session at 5:40 p.m., Council passed a resolution to go In Camera. NO. 16 MOROCCO - KERRIO - Therefore be it resolved that on September 11, 2012 Niagara Falls Council will go into a closed meeting to consider a matter that falls under the subject matter under s. 239(2)(d), labour relations and matters that fall under s. 239(2)(c)proposed or pending acquisition or disposition of land by the municipality and s. 239(2)(f), advice that is subject to solicitor - client privilege related to road allowances between Township Lots 120 and 136 and Township Lots 119 and 120 Council did rise and report on In Camera matters. Council met for the purpose of considering Regular Business matters in Council Chambers at 7:25 p.m. All members of Council were present. Chief Lee Smith offered the Opening Prayer in commemoration of 9 -11. ADOPTION OF COUNCIL MINUTES ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that the minutes be approved, as amended, noting Councillor Wing's declarations of pecuniary interest. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Mayes indicated a pecuniary interest with cheque no. 357244, made payable to himself for his AMO per diem. Councillor Morocco indicated a pecuniary interest cheque no. 357250, made payable to herself for her AMO per diem, and an indirect pecuniary interest to cheque numbers 357544 and 357250, made payable to her spouse. She indicated a conflict with report PD- 2012 -49. Mayor Diodati indicated a pecuniary interest to cheque numbers 357194 and 357319, made payable to himself. PRESENTATIONS/ DEPUTATIONS Mayor's Fundraiser Wayne Campbell informed Council of the Charity Mini Golf Tournament fundraiser in association with the Mayor's Office taking place on October 16th at the Dinosaur Adventure Golf on Clifton Hill to benefit Project S.H.A.R.E. - 2 - Council Minutes September 11, 2012 ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that Council provide a grant equal to the fee for raffle associated with the upcoming fundraiser. Carried Unanimously Parkinson's Disease Steve Ludzik informed Council of an upcoming celebrity fundraiser roast to benefit the Light of Day foundation related to Parkinson's Disease. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that a notification be sent to Council and staff related to the two events (Light of Day, Mayor's fundraiser) for anyone interested in attending. Carried Unanimously Alzheimer's Society Annual Coffee Break Teena Kindt, CEO of the Alzheimer Society Niagara Region and Alzheimer Society Niagara Foundation informed Council about the 17th Annual Coffee Break Campaign. PLANNING MATTERS PD- 2012 -52 -AM- 2011 -009, Zoning By-Iaw Amendment Application. 6871 O'Neil Street. Applicant: Avondale Food Stores Ltd. Proposed 3 -Unit Residential Dwelling The Director of Planning reviewed the recommendations and provided the following information. Background A Zoning By -law amendment is requested to allow the existing building at 6871 O'Neil Street to be converted into 3 dwelling units. Currently zoned Residential Single Family 1B Density (R1 B) which permits single detached dwellings, the request is to change this to Mixed Residential (R3) with site specific regulations for reduced lot area, lot frontage, interior and exterior side yard widths and increased parking area in the rear yard. The building on the property was originally constructed as a single detached dwelling and prior to 1970, was converted into a convenience store that operated there until 2010. Neighbourhood Open House Open House was held on August 1, 2012. Neighbours attending expressed the following concerns: ► Traffic, drainage, lighting, privacy, type of tenants and density of site Planning staff advised that Site Plan Control is required and will address the majority of these concerns and Transportation Services have reviewed the application and have no concerns. Planning Analysis PROVINCIAL POLICY STATEMENT /PROVINCIAL GROWTH PLAN Provincial Policy encourages residential intensification in order to make efficient use of existing servicing. OFFICIAL PLAN The land is designated Residential in the Official Plan. - 3 - Council Minutes September 11, 2012 The proposed development complies with the Official Plan as follows: ► The proposed use is compatible with surrounding residential uses; ► Resulting density conforms with anticipated density along an arterial road;Condition prior to issuance of Building Permit. ► Road widening and Daylight triangles will be taken at the time of Site Plan Control; ► A holding symbol will be used to ensure the completion of a Record of Site Condition prior to issuance of Building Permit. ZONING BY -LAW The application requests a change of zoning from R1 B Mixed Residential (R3) with site specific regulations to recognize a reduced lot area, frontage, interior and exterior side yard depths and increase in the amount of parking in a rear yard. Specific Changes are as follows: Minimum Lot Area: • Required - 740sq m (7,965 sq ft) Proposed -622 sq m Minimum Lot Frontage: • Required — 22.5 m (73.8 ft) Proposed — 13.9 m (45.6 ft) Minimum Interior Side Yard Width: • Required — 3 m (9.8 ft) Proposed — 1.4 m (4.6 ft) Minimum Exterior Side Yard Width: • Required — 4.5 m (14.7 ft) Prop — 2.5 m for the building (8.2 ft) / 0.7 m for porch Maximum Area for Parking in a Rear Yard: • Required — 40 sq m (430 sq ft) Proposed — 157 sq m (1689.9 sq ft) The applicant proposes to convert the existing building into a 3 -unit residential building and this will remove the legal non - conforming commercial use. Since the building is existing, the interior side yard widths and exterior side yard widths are already established. The additional reduction of the exterior side yard width to accommodate a porch is considered minor since it is necessary to provide access to two of the three units. The reduced lot area and frontage are appropriate since the site contains the required 4 parking spaces, maintains the minimum 30 percent landscaped open space and the existing building complies with the maximum 40 percent lot coverage. The increased parking area in the rear yard is necessary to provide the required 4 parking spaces. Parking is preferred in the rear yard since it allows for better traffic movement on the site. Existing parking in the front yard is too close to the intersection of Dorchester and O'Neil Street. Asphalt in the front and exterior side yards will be removed and the area landscaped. The neighbour to the north expressed concern about the parking area being located in the rear yard. It has been recommended that the By -law require a 1.8 m (6 ft) high wood privacy fence be provided along all property lines within the rear yard. The applicant is amenable to this requirement. A Record of Site Condition is required. Accordingly, it is recommended that an `H' symbol be added to the By -law. - 4 - Council Minutes September 11, 2012 Conclusion The amendment can be supported because: ► The proposed use conforms with the Official Plan; ► The application proposed the reuse of a vacant commercial building for a use that is more compatible with the surrounding residential properties; ► The subject property maintains sufficient landscape open space; ► There is sufficient o- parking; and ► The concerns expressed by residents can be addressed through Site Plan control. Recommendation That Council approve the Zoning By -law amendment application to rezone the land to a site specific Residential Mixed (R3) zone to permit a dwelling with a maximum of three (3) dwelling units, subject to the inclusion of a holding (H) provision to ensure the completion of an Environmental Site Assessment and filing of a Record of Site Condition. That prior to the issuance of a Building Permit, the applicant enter into a Site Plan Agreement with the City. Stan Szaflarski from Archway and Associate Architect, agent for the applicant, was in support of the staff report and recommendations, indicated that the proposal would improve the property and allow for proper landscaping. He asked for Council's support. 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 PD- 2012 -54 - AM- 2011 -017, Zoning By -law Amendment Application. 5818 Peer Street and 6062 -6076 Main Street, Applicant: Ed and Ruth -Ann Nieuwesteeg. Expansion of Patterson Funeral Home Parking Lot. The Director of Planning reviewed the recommendations and provided the following information. Background A Zoning By -law amendment is requested for 5818 Peer Street to permit it to be used for commercial purposes and for a portion of 6062 -6076 Main Street to permit it to be used for required parking for the Patterson Funeral Home. The applicant has concurrently requested the City to pass a `deeming by -law' to deem the south end of the property fronting onto Main St. (Lot J, Plan 267) to not be in a plan of subdivision so this lot will merge in title with the lot to the north so that the funeral home building is situated on one lot. Planning Analysis OFFICIAL PLAN The subject lands are designated Minor Commercial in the Official Plan and are part of the Historic Drummondville Area. Consolidation of properties is encouraged to ensure functionally obsolescent structures are renovated or removed and a more efficient and intensive utilization of land is achieved. Lands in the Drummondville Area are encouraged to develop with a compact building form, close to the sidewalk, to maintain the existing pedestrian oriented environment. A minor expansion of the parking area for the funeral home is within the intent of the OP - 5 Council Minutes September 11, 2012 for this area. Zoning By -law The existing R2 zoning of 5818 Peer Street limits the use of the property to residential uses. The zoning is requested to be changed to General Commercial (GC) which would permit it to be used for commercial purposes. 5818 Peer Street is contiguous with GC zoned properties to the west and does not fragment the residential area. The applicant has also requested the existing site specific regulations, which permit required parking for the funeral home to be provided on the balance of the properties, to be extended to the whole of the lands These regulations already apply to the balance of the properties. The funeral home has a surplus of parking according to current zoning provisions (15 spaces required versus 75 spaces provided) Deeming By -law A portion of the lands (Lot J, Plan 267) is a whole lot in a plan of subdivision and therefore remains a separate parcel from the larger holdings despite being under the same ownership. This is a concern as it results in a lot line running through the funeral home building. The applicant has requested the City pass a `deeming by -law' for Lot J, Plan 267 which would remove its status as a whole lot thus it would merge the subject properties together in the same ownership name and allow them to be developed as one lot with a common parking area. Site Plan Matters The majority of the lands are subject to a site plan agreement which regulates site works including site servicing, paving and landscaping. The agreement will need to be revised to address the construction of a parking lot on 5818 Peer Street. Access, paving, drainage, fencing and landscaping will be addressed through this process. Conclusion The amendment can be supported because: ► 5818 Peer Street is designated Minor Commercial in the Official Plan; and ► Although in different ownership, the lands are contiguous and the majority have been used for parking purposes in conjunction with the funeral home for many years. The passing and registration of a `deeming by -law' under the Planning Act for Lot J, Plan 267, will allow this parcel to merge with abutting land to the north to become one parcel. This will enable the land to be treated as one parcel for zoning and Building Code purposes. Recommendation That Council approve the Zoning By -law amendment application to permit 5818 Peer Street to be used for commercial purposes and to permit the same lands together with - 6 - Council Minutes September 11, 2012 6062 -6076 Main Street to be used to provide required parking for the Patterson Funeral Home. That Council pass a deeming by -law to deem Lot J, Plan 267 to no longer be with the registered plan of subdivision and thereby permit the land to merge in title with the abutting lot to the north to become one parcel. Ruth -Ann Nieuwesteeg, applicant, indicated that her business had sufficient parking, as per the City's requirements, but the rezoning would be helpful to their business and provide better access. The Public was Closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the report be approved as recommended. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Diodati extended condolences to the family of Jan Leak, a Library Systems Administrator, on her sudden passing, to Lynn Karner, a city employee on the passing of her sister -in -law, Marjorie Ann Karner, to Teresa Fabbro, a city employee, on the passing of her grandfather Fortunatro Napoli and to the family of Sam Multari, a retired City employee, who passed away. Mayor Diodati advised of recent events: July 19th Georgetown NEC meeting with Kim Craitor the 50th Anniversary Celebration and Opening Ceremony of the A.C. Douglas Soccer Tournament, the Ontario Lawn Bowling Association Provincial Championships, the 26th Annual IBEW Local 303 provincial baseball championships, Heater's Heroes, the Niagara Falls Horticultural Society 91' Annual Flower and Vegetable Show, the Terry Fox Run barbecue, the AMO Conference in Ottawa, the WEGO launch, Cruisin for a Cause with proceeds to the MS Society, Studio 55 Appreciation Night, Niagara Falls CUPE mini - putt event, Mosquito OBA Championship, BUSKERFEST, the 45th Annual Victoria Hospital Nursing Reunion, the Pete Mancuso Plaque unveiling at Gale Centre, Niagara Region Wheelchair Relay and the PC Children's Charity BBQ at Zehrs. Mayor Diodati advised of some upcoming events: the opening of the Roundabout on Mountain Road, the Red Bull Crashed Ice announcement, Big Brothers, Big Sisters Annual Golf for Kids Sake, the CUPE End of Summer Party, the Royal Event at Queenston Heights, the Annual Parade of the Unknown Soldier, the Terry Fox Run, the Chamber of Commerce Golf Tournament, MYAC Leadership Day Sept, the Niagara Touch a Truck event at Niagara College Glendale Campus, the GNGH 2nd Annual Ball, the Mayor's Prayer Breakfast, the Trillium Awards Night, the United Way Elimination Dinner and Draw and the Niagara Concerts BiCentennial Event. FIRE STATION LOCATION STUDY Jim Gough from the MMM Group and Peter Selles from Nivo Nuvo Consulting presented the findings and recommendations of the Fire Station Location study. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Thomson that the presentation be referred to staff. Carried Unanimously - 7 - Council Minutes September 11, 2012 FINANCE MATTERS F -2012- 41 - Chief Administrative Officer - 2013 Budget Schedule The report recommends that Council choose Option 3 and direct staff to set up additional Council meetings in 2012 as required. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the report be approved as recommended. Carried Unanimously COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 Culture Days - that September 28 to 30th be proclaimed as "Culture Days" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Morocco that the request be approved. Carried Unanimously 2. Niagara Nights of Art - requesting relief from the Noise By -law for activities at Farmers' Market at Sylvia Place on September 29tH RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Morocco that the request be approved. Carried Unanimously 3.a Downtown BIA - requesting Council approval for a replacement member on their Board. 3.b Lundy's Lane BIA - requesting Council approval for replacement members on their Board. RECOMMENDATION: For the Consideration of Council. ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that the Downtown BIA request be approved. Carried Unanimously ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the Lundy's Lane BIA matter be referred to staff. Carried Unanimously 4. CAn(Community Artists Niagara) - requesting assistance in finding new accommodations. RECOMMENDATION: Refer to Staff to work with the organization. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the matter be referred to staff Carried Unanimously - 8 - Council Minutes September 11, 2012 5. Niagara Bird Kingdom - requesting an amending lease agreement regarding a billboard sign. RECOMMENDATION: Refer to Staff for a report. ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that the matter be referred to staff. Carried Unanimously 6. Houck Park - petition from nearby residents for lighting in the parking lot. RECOMMENDATION: Refer to Staff for a report. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the matter be referred to staff. Carried Unanimously 7 HATCH - requesting City participation in a Proposed Peace Garden at New park on Queen Street. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the request be approved. Carried Unanimously 8. Niagara Falls Royal Canadian Legion - Request the week of September 17 -22, 2012 be proclaimed " Niagara Falls Royal Canadian Legion Week" and a flag raising be held on September 17`h RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the requests be approved. Carried Unanimously REPORTS RATIFICATION OF COMMITTEE OF THE WHOLE RECOMMENDATIONS ORDERED on the motion of Councillor loannoni, seconded by Councillor Morocco that the actions taken in the Committee of the Whole meeting, September 11, 2012 be approved. 1) The Committee of the Whole minutes of July 24, 2012 be approved. 2) REPORTS: a) MW- 2012 -34 Proposed Recreational Trail Edgewood Estates Subdivision That staff be directed to proceed with the design and construction of the proposed recreational trail along the original planned alignment within the Edgewood Estates Plan of Subdivision, that the staff work closely with the neighbouring property owners to address any concerns related to public safety, security, privacy and regular maintenance and that proposed trails precede residential development 3) NEW BUSINESS: That staff report back on the possibility of a communications piece/ newsletter. Carried Unanimously - 9 - Council Minutes September 11, 2012 RATIFICATION OF" IN CAMERA" RECOMMENDATIONS ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the recommendations from the "In Camera" meeting from September 11th, 2012 be approved. 1. L- 2012 -19 Permanently Close and Declare Surplus Part of the Road Allowance between Township Lots 120& 136 That Council has determined that the subject lands are surplus to the requirements of the City of Niagara Falls, that part of the road allowance that lies between Township Lots 120 and 136 Stamford be permanently closed, declared surplus and offered for sale to Walker Industries for its future quarry operations. Motion Carried with Councillor Pietrangelo opposed. ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that PD- 2012 -36, Proposed Change from a Residential Loan to Residential Grant for the Downtown C.I.P. be reconsidered. Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the recommendations from PD- 2012 -36 changing the Residential Loan program to a Residential Grant program be approved. Motion Defeated with Councillors Kerrio, Maves, Pietrangelo and Wing opposed. 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 -02 - Demolition of the Building and Related Items at 5959 Main Street Former Serbian Hall. The report recommends the following: 1) The contract be awarded to Budget Environmental Disposal Inc. at the tendered price of $110,511.00 2) That the Mayor and City Clerk be authorized to execute the necessary contract documents. F- 2012 -38 - Monthly Tax Receivables Report. The report recommends that Council receive the Monthly Tax Receivables report for information purposes. F- 2012 -39 - Municipal Accounts. The report recommends that Council approve the municipal accounts totalling $38,065,390.02 for the period July 5, 2012 to August 22, 2012. F- 2012 -43 - 2012 Debentures. The report recommends that Council request that the Region of Niagara to issue debentures on behalf of the City of Niagara Falls, totalling $2,032,019 for the Niagara Falls Historical Museum project. PD- 2012 -47 - Niagara Region's Community Improvement Plan (CIP) for the Niagara Gateway Economic Zone and Centre. The report recommends that Council refer the necessary funding for the Gateway CIP Program to the 2013 Budget deliberations to determine the interest in adopting the Gateway CIP and participate in the incentives program. - 10 - Council Minutes September 11, 2012 PD- 2012 -50 - PLC - 2012 -008, Request for Removal of Part Lot Control Lots 14, 26 and Block 36, Plan 59M -340. garner Village Subdivision. Owner: Mountainview Homes. The report recommends the following: 1. That Council approve the request and pass the by -law included in tonight's agenda to designate Lots 14 and 26 and Block 36 of Plan 59M -340, as exempt from Part Lot Control for a period of three years. 2. That the owner be requested to notify the City when the separate deeds have been registered. PD- 2012 -51 - Status of Downtown Infrastructure and Streetscape Improvements. The report recommends that Council receive and file this report. PD- 2012 -53 - 26CD -11- 2008 -03, Extension to Draft Plan Approval, Draft Plan of Condominium ( Conversion), 4218 Portage Road. Owner: Shaukatand Amina Parekh The report recommends that Council grant an extension to draft plan approval for the Plan of Condominium on 4218 Portage Road for 1 year from the date of Council's Decision. R &C- 2012 -20- Arts & Culture Wall of Fame 2012 Inductees. The report recommends that Council approve the following 2012 Arts & Culture Wall of Fame Inductees: • Gerda Amoraal Kristoph A. Collver (Kac Himself) Robert J. Foley Maria Klokkou Pasquale Ramunno William (Bill) Smeaton John Warden - Automatic Induction R &C- 2012 -19 - Children's Transportation to Municipal Facilities. The report recommends the following: 1. To support the provision of free transportation on City of Niagara Falls regular bus routes to children 12 and under, Monday - Friday from 9:00 a.m. - 2:30 p.m. year round to municipal facilities. 2. To report back to Council in August 2013 to determine if the free transportation service for children 12 and under should continue and /or be expanded to include free transportation to high school students, Monday to Friday from 9:00 a.m. - 2:30 p.m. TS- 2012 -33 - Transit Agreement with the Town of Fort Erie. The report recommends the following: 1) That the municipality enters into an agreement with the Corporation of the Town of Fort Erie to supply transit service at full cost recovery. 2) That the Mayor and City Clerk be authorized to execute the necessary agreement. ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the reports be approved as recommended. Carried Unanimously PD- 2012 -49 - PLC - 2012 -007, Request for Removal of Part Lot Control Block 117, Plan 59M -379, 9485 -9501 Hendershot Boulevard. Developer: Mountainview Homes. The report recommends the following: 1. That Council approve the request and pass the by -law included in tonight's agenda to designate Block 117 on Registered Plan 59M -379, as exempt from Part Lot Control for a period of two years. 2. That the developer be requested to notify the City when the separate deeds have been registered. - 11 - Council Minutes September 11, 2012 ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the report be approved. Carried Unanimously with Councillor Morocco declaring a conflict MW- 2012 -46 - 2012 New Sidewalk and Sidewalk Replacement Program. The report recommends that the 2012 New Sidewalk and Sidewalk Replacement Programs be approved and the Mayor and Clerk be authorized to execute the necessary contract documents within the funding limits prescribed in this report. ORDERED on the motion of Councillor Wing, seconded by Councillor Thomson that the report be approved with the addition of the south side of Murray Street between Stanley Avenue and Main Street included. Carried Unanimously NOTICE OF MOTION Councillor Wing requested Council's consideration of the following resolution: THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls calls upon the Province of Ontario to enact changes which will require all zoos, menageries and aquariums to acquire a license to operate, that will establish mandatory standards of animal management and care, including provisions to address the physical (including dietary), environmental, emotional and social needs of captive animals according to current academic knowledge and understanding of each species' needs, and human health and safety, and that will require license holders to satisfy license conditions, regulations and standards. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the consideration fo the Order of Motion be deferred. Motion Carried with Councillors loannoni and Wing opposed. THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls call upon the Government of Canada to pass legislation that will properly control and regulate the importation of cetaceans, through permitting, operating standards, an advance public notification and comment process, proper oversight and enforcement, and /or that will prohibit the import and export of cetaceans; and that this resolution be circulated to all municipalities in Canada. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the consideration fo the Order of Motion be deferred. Motion Carried with Councillors loannoni and Wing opposed. BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the by -laws be given a first reading. Motion Carried with Councillor Pietrangelo opposed to By -law 2012 -76 and Councillor Wing opposed to By -laws 2012 -79, 2012 -80 and 2012 -81. 2012 -75 A by -law to permanently close part of a highway. 2012 -76 A by -law to declare the road allowance between Township Lots 120 and 136 Stamford; in the City of Niagara Falls, surplus. 2012 -77 A by -law to authorize the execution of an Amending Subdivision Agreement with River Realty Development (1976) Inc. respecting Deerfield Estates Subdivision - Phase 9. - 12 - Council Minutes September 11, 2012 2012 -78 A by -law to establish Reserve 28 on Registered Plan 59M -345 as a public highway, to be known as and to form part of Beaverton Boulevard. 2012 -79 A by -law to provide for the adoption of Amendment No. 101 to the City of Niagara Falls Official Plan. (OPA No. 101) 2012 -80 A by -law to amend By -law No. 79 -200 to permit the construction of a 57 storey hotel on the Lands and to repeal By -law No. 2007 -154. (AM- 2010 -022) 2012 -81 A by -law to amend By -law No. 79 -200 to permit the construction of a 42 storey hotel and apartment dwelling on the Lands and to repeal By -law No. 2007 -154. (AM- 2010 -022) 2012 -82 A by -law to amend By -law No. 79 -200 to permit the construction of a 32 storey hotel and apartment dwelling on the Lands and to repeal By -law No. 2007 -154. (AM- 2010 -022) 2012 -83 A by -law to provide for the adoption of Amendment No.103 to the City of Niagara Falls Official Plan. (OPA No. 103) 2012 -84 A by -law to amend By -law No. 79 -200, to permit a retail store and two dwelling units, and to repeal By -law No. 2007 -60. (AM- 2012 -004) 2012 -85 A by -law to designate Block 117, Registered Plan 59M -379, not be subject to part-lot control. (PLC- 2012 -007) 2012 -86 A by -law to designate Lots 14, 26 and Block 36 of Registered Plan 59M -340, not be subject to part-lot control. (PLC- 2012 -008) 2012 -87 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Loading Zones, Stopping Prohibited) 2012 -88 A by -law to amend By -law 2012 -49, being a by -law to fees and charges for various services, licences and publications for the City of Niagara Falls. 2012 -89 A by -law allowing the municipality to opt out of the provisions of the Line Fences Act, R.S.O., 1990, c. L. 17, save for Section 20. 2012 -90 A by -law to authorize the payment of $38,065,390.02 for General Purposes. 2012 -91 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 -92 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 11th day of September, 2012. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the by -laws be read a second and third time and passed. Motion Carried with Councillor Pietrangelo opposed to By -law 2012 -76 and Councillor Wing opposed to By -laws 2012 -79, 2012 -80 and 2012 -81. NEW BUSINESS Niagara Falls Chamber of Commerce ORDERED on the motion by Councillor Wing, seconded by Councillor Thomson that a letter of appreciation be sent to the Niagara Falls Chamber of Commerce commending them on their stand to remain a grass roots local organization and not merge with other Chambers. Carried Unanimously - 13 - Council Minutes September 11, 2012 Strategic Priorities ORDERED on the motion by Councillor Pietrangelo, seconded by Councillor Kerrio that Council direct additional funds to the BDD budget, to take a proactive approach and hire appropriate consultants, related to Council's strategic priorities. Carried Unanimously Ontario Small Urban Municipalities ORDERED on the motion of Councillor Morocco, seconded by Councillor loannoni that staff investigate putting in an application for the City to host the Ontario Small Urban Municipalities conference in 2015. Carried Unanimously Integrity Commissioner ORDERED on the motion of Councillor Morocco, seconded by Councillor Kerrio that staff report back on the possibility of an Integrity Commissioner. Carried Unanimously F.J. Rutland ORDERED on the motion of Councillor Morocco, seconded by Councillor Maves that in light of the closure of F.J. Rutland school that the name be put on our list of potential street names. Carried Unanimously ORDERED on the motion of Councillor Kerrio seconded by Councillor Maves that the meeting be adjourned at 10:00 p.m. Carried Unanimously DEAN IORFID L , ITY CLERK JAMES M. DIODATI, MAYOR