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2012/09/11Schedule for Sept 11, 2012 4:00 Committee of the Whole In Camera to follow 6:30 Council Meeting Committee Room 2 Council Chambers COMMITTEE OF THE WHOLE AGENDA NINTH MEETING Tuesday, September 11, 2012 4:00 p.m. City Hall, Committee Room #2A & B 1) Approval of the July 24, 2012, Committee of the Whole minutes. 2) REPORTS: STAFF CONTACT: a) Fire Station Location Study Lee Smith b) MW- 2012 -34 Proposed Recreational Trail Edgewood Estates Subdivision 3) NEW BUSINESS: 4) ADJOURNMENT: Geoff Holman IN- CAMERA SESSION a) Resolution to go into Closed Meeting. Niagaraj1alls COUNCIL MEETING September 11, 2012 PRAYER: Councillor Thomson ADOPTION OF MINUTES: Council Minutes of July 24, 2012 * * * ** 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 Mayor's Fundraiser Wayne Campbell will inform Council regarding an upcoming fundraiser in association with the Mayor's Office. Parkinson's Disease Steve Ludzik will inform Council regarding an upcoming celebrity fundraiser related to Parkinson's Disease. Alzheimer's Society Annual Coffee Break Tina Kindt, CEO of the Alzheimer Society Niagara Region and Alzheimer Society Niagara Foundation will inform Council about the 17th Annual Coffee Break Campaign. - 2 - PLANNING MATTERS Public Meeting AM- 2011 -009, Zoning By -law Amendment Application 6871 O'Neil Street Applicant: Avondale Food Stores Ltd. Proposed 3 -Unit Residential Dwelling Background Material: Recommendation Report: PD- 2012 -52 -AND- Correspondence from Bryan Backshall Public Meeting 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 Background Material: Recommendation Report: PD- 2012 -54 FINANCE MATTERS 1. Chief Administrative Officer F -2012- 41 - 2013 Budget Schedule MAYOR'S REPORTS, ANNOUNCEMENTS 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 Aproval of Council. - 3 - 2. Niagara Nights of Art - requesting relief from the Noise By -law for activities at Farmers' Market at Sylvia Place on September 29`h RECOMMENDATION: For the Consideration of Council. 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. 4. CAn(Community Artists Niagara) - requesting assistance in finding new accommodations. RECOMMENDATION: Refer to Staff to work with the organization. 5. Niagara Bird Kingdom - requesting an amending lease agreement regarding a billboard sign. RECOMMENDATION: Refer to Staff for a report. 6. Houck Park - petition from nearby residents for lighting in the parking lot. RECOMMENDATION: Refer to Staff for a report. 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 4 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 F- 2012 -38 - Monthly Tax Receivables Report F- 2012 -39 - Municipal Accounts F- 2012 -43 - 2012 Debentures MW- 2012 -46 - 2012 New Sidewalk and Sidewalk Replacement Program PD- 2012 -47 - Niagara Region's Community Improvement Plan (CIP) for the Niagara Gateway Economic Zone and Centre 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 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. PD- 2012 -51 - Status of Downtown Infrastructure and Streetscape Improvements PD- 2012 -53 - 26CD -11- 2008 -03, Extension to Draft Plan Approval, Draft Plan of Condominium ( Conversion), 4218 Portage Road. Owner: Shaukat and Amina Parekh R &C- 2012 -20- Arts & Culture Wall of Fame 2012 Inductees R &C- 2012 -19 - Children's Transportation to Municipal Facilities TS- 2012 -33 - Transit Agreement with the Town of Fort Erie 5 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. LAND BY -LAWS Mayor Diodati will request whether there is anyone present that has an interest respecting the following by -laws: 2012 -75 2012 -76 A by -law to permanently close part of a highway. A by -law to declare the road allowance between Township Lots 120 and 136 Stamford; in the City of Niagara Falls, surplus. BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 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. 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 6 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 adopt, ratify and confirm the actions of City Council at its meeting held on the 11th day of September, 2012. NEW BUSINESS