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2006/01/23FIRST MEETING REGULAR COUNCIL MEETING Council Chambers January 23, 2006 Council met on Monday, January 23, 2006 at 7:00 p.m. for the purpose of considering Regular /Planning Business matters. All members of Council were present. Alderman Joyce Morocco offered the Opening Prayer. Following the Opening Prayer Jennifer Farmer, Stephanie Farmer and Jenya Hiebert members of the Westlane Choir sang the National Anthem. ADOPTION OF MINUTES ORDERED on the motion of Alderman Morocco, seconded by Alderman Pietrangelo that the minutes of December 5, 2005 and December 12, 2005 be approved as printed. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Alderman Pietrangelo indicated a pecuniary interest to cheque no. 29028 which was made payable to his employer, Niagara Catholic District School Board. Alderman Morocco indicated a pecuniary interest to cheque no. 297945 which was made payable to her spouse. Alderman Campbell indicated a pecuniary interest to cheque no. 298072 which was issued to himself and cheque no. 298025 which was made payable to his employer, District School Board of Niagara. Mayor Ted Salci indicated a pecuniary interest to cheque no.298662 which was issued to himself. TVN/Television Niagara DEPUTATIONS /PRESENTATIONS Wendell Wilks, President and CEO for TVN /Television Niagara Inc. made a brief presentation to Council regarding the recent CRTC decision to deny a licence to Television Niagara. Mr. Wilks proposed an English- language television station to serve the Niagara Region but TVN Niagara Inc. was denied a licence. Mr. Wilks feels that the CRTC has infringed the freedom of Niagarans by denying the licence, he is looking for Council's support. ORDERED on the motion of Alderman Diodati, seconded by Alderman Pietrangelo that the City of Niagara Falls continue to support TVN Niagara Inc.'s proposal to operate a television programming undertaking to serve the Niagara Region and to support, in principle, its challenge under the Canadian Charter of Rights and Freedoms of the Canadian Radio Television and Telecommunications Commission's (CTRC) decision to deny the TVN application; and further that a copy of the resolution be forwarded to our local MP, Regional Municipality of Niagara and area municipalities for support. Carried Unanimously Big Brothers Big Sisters 2 January 23, 2006 Jon Braithwaite, Executive Director of Niagara Falls Big Brothers Big Sisters informed Council that the move to the new Community Centre has allowed them to offer many more opportunities and programs to the young people of the City. Mr. Braithwaite provided background information on various programs, including the 2006 Tim Hortons Bowl for Kids Sake. He informed Council that the 4 Annual Bowl for Kids Sake is being held on February 17 and February 18, 2006 at Cataract Lanes. An invitation was extended to members of Council to participate. ORDERED on the motion of Alderman loannoni, seconded by Alderman Pietrangelo that Council enter a foursome into the bowling tournament on Friday, February 17,2006 at noon. Carried Unanimously PD- 2006 -04 Chief Administrative Officer: Public Meeting, Recommendation Report Deerfield Estates, Draft Plan of Subdivision 26T -11- 2005 -03 (Revised) Zoning By -law Amendment Application AM- 27/2005, Owner: River Realty Development (1976) Inc. The report recommends that: PLANNING MATTERS 1) the Deerfield Estates Plan of Subdivision be draft approved subject to the condition in the attached Appendix; 2) 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; 3) draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council; and 4) the application to amend the Zoning By -law be approved as detailed in this report to provide the necessary land use regulations to guide the development of the subdivision. The Clerk advised that a public meeting is now being convened to consider a Draft Plan of Subdivision 26T -11- 2005 -03 (Revised), Zoning By -law Amendment. He advised that Notice was given by First class mail, in accordance with the Planning Act on Friday, December 23, 2005 and by posting a sign on the property in question. He informed that anyone wishing to receive notice of the passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, should leave their names on the sign -in sheets outside the Council Chambers. The Director of Planning and Development reviewed the recommendations and provided the following information. Planning Analysis Official Plan The property is designated Residential in the Official Plan. A compatible mix of dwelling types, lot sizes and densities is promoted by the Official Plan to provide a full range of housing opportunities. The proposed subdivision plan provided such a mix, 78% single /semi and 22% multiple. Official Plan policies encourage the conservation of forested areas and the protection of environmental sensitive areas. The proposed subdivision plan is in compliance with these policies. -3- January 23, 2006 The policies of the OP are refined through the Garner Neighbourhood Secondary Plan which provides a framework to guide development in this new growth area west of Kalar Road. The Garner Plan requires the protection of environmental features and promotes the preservation of woodlands and provision of recreation areas and required community facilities. In keeping with these guidelines, the subdivision plan makes provision for an elementary school site, a centrally located neighbourhood park, woodlot protection and provision for recreational linkages. Zoning The site is currently zoned Development Holding (DH). Based on the various land uses proposed in the subdivision, specific zoning provisions will be established to regulate development: Residential Single Family 1 E Density (R1 E) zone for the single- detached lots, Residential Mixed (R3) zone for the semi detached lots and on- street townhouse blocks, Residential Low Density, Grouped Multiple Dwellings (R4) zone for the townhouses, Institutional (I) zone for the school block Open Space (OS) zone for the parkland; and Environmental Protection Area (EPA) zone for the wetland and woodlot Provincially Significant Wetland Surrounding Woodlot The woodlot in the northwest section of the plan (Block 277) contains an interior area that is designated as a Provincially Significant Wetland (PSW). Development is prohibited in such wetlands. The applicant submitted an Environmental Impact Study (EIS) which indicates that the woodlot surrounding the PSW is healthy, the southeast and east areas contribute to the wetland function and the woodlot provides a natural buffer for the PSW. The study recommends that the woodlot be preserved as a wetland buffer and that rear lot lines be established near the edges of the woodlot to ensure that the wetland features are not compromised. The study also recommends chain -link fencing along abutting property lines to minimize landowner encroachment and control access to interior trail systems. The PSW woodlet will be zoned as an Environmental Protection Area to preclude development. The applicant proposes to dedicate this block to the municipality to be used for passive recreational use in conjunction with active neighbourhood parkland which is planned on abutting lands. Parkland and Recreational Trail Staff examined the park needs in this section of the Garner Neighbourhood and determined that a centrally located neighbourhood park adjacent to the existing woodlet together with recreational trails and linkages would be desirable. Modifications to the proposed subdivision plan were made by the developer to accommodate these needs. -4- January 23, 2006 Two blocks of land will be dedicated to the City to provide access into the park. The developer will receive a small credit for the provision of buffering around the PAW. The dedication of neighbourhood parkland and the woodlet surrounding the PAW from the Deerfield Estates plan will be augmented by similar dedications as lands to the west develop. Together, a well positioned active /passive neighbourhood park will be created with linkages to serve surrounding residents. The remainder of the developer's 5% parkland contribution will be provided in the form of cash -in -lieu. Subdivision Design The developer has undertaken several revisions to the Deerfield Estates draft plan to accommodate planning and design issues identifies by staff, the general public and agencies. Highlights Provision has been made for a new elementary school site which is conveniently accessed by collector and arterial roads. An internal collector roadway opposite Rideau St. will be signalized at Kalar Rd. Given the increasing traffic volumes on Kalar Rd., land uses with direct access onto Kalar Road will be minimized. The subdivision provides a compatible mix of dwelling types and lot sizes. The greater percentage of multiple units will assist in the provision of affordable housing. The plan is well conceived in terms of the distribution of land uses; connectivity; public uses and the protection of natural resource areas. Conclusion The Deerfield Estates Draft Plan of Subdivision is an appropriate development of the site. The application is consistent with the Provincial Policy Statement, and complies with the policies of the Official Plan and the intent of the Garner Neighbourhood Secondary Plan. The recommended Zoning By -law amendment will provide suitable regulations for the construction of the dwellings and the school and also to protect the Provincially Significant Wetland and woodlet. Recommendation: It is recommended that: 1) The Deerfield Estates Plan of Subdivision be draft approved subject to the conditions in the attached appendix of the report; 2) The Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given, provided no appeals of the decision have been lodged; 3) Draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council; and 4) The application to amend the Zoning By -law be approved to provide the necessary land use regulations to guide the development of the subdivision. -5- January 23, 2006 Jean Grandoni, expressed concerns about the forest and watershed plans, the lack of buffering to the woodlot and whether the longer lots were necessary. The Director of Planning Development clarified that it is necessary to buffer the Provincially significant wetlands not the woodlot. The woodlot would be, in essence, the buffer to the wetlands. He pointed out that 95% of the woodlot would remain preserved. Carol Johnson, 4944 Kingston Avenue, wanted to see more parkland and the preservation of "native" trees, if possible. John Mestik, for the developer, agreed with the recommendations of staff. He indicated that 98% of the trees would be retained and that development could be implemented without any negative effects on the woodlot. He pointed out that the developer owned lands to the north, which would also incorporate parkland. Mr. Mestik offered that some of the lots north of the woodlot could be shallowed up to provide more of a buffer. The Director of Parks, Recreation Culture indicated that the developer was very generous in their provision of parkland and preservation of the woodlot. The woodlot was not part of the parkland dedication but in addition to the parkland dedication. The payment in lieu of parkland would enable staff to buy land for an active playground. The Director of Planning Development indicated that the proposed mix of single dwellings and multiple dwellings is a target only. He pointed out that the Garner secondary plan has a different mix of singles and multiples than other neighbourhoods because of the existing presence of many multiples. ORDERED on the motion of Alderman loannoni, seconded by Alderman Volpatti that the recommendations be approved with the following changes to the conditions for draft approval: 13. The rear boundary of Lots 86 to 93 (inclusive) and Lots 98 to 101 (inclusive) be reduced to the City's satisfaction, with input from the public, in order to increase the woodlot area (Block 277) in City ownership. 18. The developer provide appropriate native boulevard trees, if possible, in accordance with City policy including along the street frontages of the park blocks. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENT Mayor Salci advised that the following letters of condolence were sent to John Castrilli, city employee, who's mother Caterina Castrilli passed away; to Ruth Taylor, husband of the late Jack Taylor, to the family of the late Bosko Masonovich and to the family of the late Mary Philips, wife of Sam Philips. Mayor Salci advised of some upcoming events: Tuesday February 7 will be the second Annual Mayor and Council Chili Cook -Off at the Optimist Hall from 11:30 2 PM. Mayor Salci indicated that last year's event raised over $5000.00. Mayor Salci advised that January 31, 2006 will be Adele Kon's last Council meeting as she is retiring as the Director of Parks, Recreation and Culture. The Mayor presented Ms. Kon with a plaque that the City received from the Region for efforts in promotion of bikeways in the City. The Mayor also mentioned that the Roberts Street Gateway project would be receiving an award as Project of the Year from Ontario Public Works. -6- January 23, 2006 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Ontario Association For Marriage and Family Therapy requesting that February 13- 17, 2006 be proclaimed as "Marriage Checkup Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell that the communication be approved. Carried Unanimously CLERKS MATTERS REPORTS CD- 2006 -01- Chief Administrative Officer Council Information Package The report recommends that staff will compile Council Information and send out a weekly e-mail containing the correspondences; and That if Council wishes to bring up an information item at a future Council meeting, they will notify the Clerk so that the item may be placed in the agenda. ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni the recommendation be approved and that other municipalities be encouraged to e-mail their correspondences to the City of Niagara Falls. LEGAL MATTERS Carried Unanimously L- 2006 -03 Chief Administrative Officer Request for Clarification of Comments made by Ms. Italia M. Gilberti regarding the Architectural Peer Review and the Tourism Policy Review Implementation Status. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio that the report be deferred to a later Council meeting. Carried Unanimously MUNICIPAL WORKS MATTERS MW- 2006 -05 Chief Administrative Officer Niagara Falls Pollution Control Plan Committee Member Selection. The report recommends that a Council representative serve on the Stakeholder Steering Committee for Niagara Falls Pollution Control Plan be appointed. ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing that Alderman Morocco be appointed to serve on this committee. Carried Unanimously PARKS. RECREATION AND CULTURE MATTERS R- 2006 -05 Chief Administrative Officer Welcome Sign at QEW /Mountain Rd. The report is recommended for Council's consideration and approval for improvements to the Welcome Sign at QEW /Mountain Road to be referred to 2006 Capital Budget. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti to refer this back to receive more design ideas. Carried with Alderman loannoni, Morocco and Wing opposed. -7- January 23, 2006 R- 2006 -03 Chief Administrative Officer Heritage Master Plan The report recommends that the Heritage master Plan prepared by Carl Bray Associates dated September 2005, be adopted in principle and that the report be referred to Staff and the carious organizations /agencies /committees listed in the report for further review and reporting to City Council. Alderman Wing advised that on the Heritage Master Plan report, the Municipal Heritage Committee's connection to provincial legislation be acknowledged. ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni the report be approved as recommended. Carried Unanimously R- 2006 -06 Chief Administrative Officer Arena Twin Pad Complex Proposed additional seating. The report recommends that Council approve that the Recreation Committee be granted a maximum of two (2) months to undertake a fundraising campaign to provide funding for additional seating in the New Twin Pad Arena Complex. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati to allow Mick Wolfe to speak. Carried Unanimously Mr. Wolfe indicated that he and a number of other Recreation Committee members were supportive of the proposed additional ice pad but felt that the reduction in size from the existing Niagara Falls Arena to the 2,001 seat pad was a reduction in service. He felt that it was not the sole responsibility of Council and staff to look at funding of arenas, therefore, his group would be approaching private and corporate donors to expand the seating for the larger of the pads in the proposed twin pad. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Pietrangelo that the report be approved as recommended and that staff assist. Carried Unanimously RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Alderman loannoni that 9 be deferred for a followup report. Motion Carried with Alderman Volpatti opposed. ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti that the actions taken in Corporate Services, on January 16, 2006 be approved. Motion Carried with Alderman Morocco and Alderman Kerrio declaring a conflict on #3 and Alderman Wing and Alderman loannoni opposed to #3. 1. That the minutes of the December 12, 2005 Meeting be adopted as recorded. 2. That the following recommendations from the BMA Management Consulting report be adopted: Continue analysis using future projections and identify any trends that may be areas of concern Review policies and practices with respect to user fees, reserves and debt Conduct a financial policy planning session with Council Continue support of a service by service analysis and accelerate, if possible, to identify factors impacting the net cost of service -8- January 23, 2006 3. That the 2006 funding request from Niagara Falls Tourism in the amount of $400,000 be referred to budget deliberations; that a business plan be prepared; and that Niagara Falls Tourism work with the City to determine if there are administrative functions that could be combined. 4. That staff work with the Boys and Girls Club of Niagara to determine what initial studies need to be implemented. 5. That the request from Mr. Surma of the Continental Inn to write off taxes, be received and filed. 6. That the request from Mr. John Grassi, Golden Horseshoe Ventures to waive all late payment penalties, be received and filed. 7. That the funding request from the Niagara Region Children's Safety Village be referred to Fire Services. 8. That the 2006 funding request for the YWCA Culp Street Shelter be referred to budget deliberations. 9. That the allocation of the OPG tourism funds be approved as follows: $900,000 $180,000 per annum for 5 years toward the development, operation and administration of a world -class tourism website for the destination. $150,000 $30,000 per annum for 5 years towards the Niagara Falls Casino Marathon marketing and advertising program $150,000 toward the cost of hosting a major Television Broadcast. $50,000 towards the cost to promote and educate the public regarding the Hydro Tunnel project $50,000 Contingency for promotional /marketing opportunities as supported by Council. 10. That staff investigate all possibilities of reducing the 5.5% levy increase by reducing labour costs and investigating every area of services and costs. 11. That funding of $10,000 for Heart Niagara be included in the 2006 Budget. RESOLUTIONS 1. THEREFORE BE IT RESOLVED THAT Council of the Corporation of the City of Niagara Falls hereby determines in accordance with Section 34 (17) of the Planning Act, R.S.O., that the changes to the proposed zoning by -law for Application AM- 06/2005 (3965 Oliver Street) are minor in nature and do not require any further notice. ORDERED on the motion of Alderman loannoni, seconded Alderman Morocco that the Resolution be approved. Carried Unanimously -9- January 23, 2006 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, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. Alderman Wing requested that MW- 2006 -03 be voted on separately. F- 2006 -04 Municipal Accounts. It is recommended that Council approve the municipal accounts totalling 20,721,249.82 for the period November 23, 2005 to January 10, 2006. F- 2006 -05 Borrowing By -Law. It is recommended that City Council approve; the borrowing of up to a maximum sum of $23,000,000 for current expenditures; a Standby Letter of Credit to a maximum sum of $5,000,000 in favour of the CNCP to cover the cost of the International rail Bridge; the borrowing of up to a maximum sum of $14,600,000 for the purposes of paying the City's sharing for construction of the Community Centre. F- 2006 -06 Approval of Spending Limits Prior to the Approval of the 2006 Budget Estimates. It is recommended that in the absence of an adopted 2006 Current Budget, City Council approve the following: 1) City departments be allowed to incur costs to a level of 50 of the departmental expenditure budget of the prior year. 2) New Capital items deemed essential by a department be approved by City Council prior to purchase. 3) That this policy be communicated to all Commissions, Boards and Agencies and that City contributions not exceed a monthly pro rata share of the prior year's support. L- 2006 -01 Jennings Encroachment Agreement with the City, 4481 Park Street, Niagara Falls, File no. 2005 -322. It is recommended that the building located at 4481 Park Street, Niagara Falls be permitted to encroach on Park Street for nominal consideration, and the Mayor and Clerk be authorized to execute the said agreement. L- 2006 -02 Amendment to Niagara Region Courts Intermunicipal Agreement. It is recommended that the City enter into an Amendment to the Niagara Region Courts Intermunicipal Agreement dated April 26, 2000, and the Mayor and Clerk be authorized the execute said Amendment. PD- 2006 -01- Zoning By -law Amendment Application, AM- 11/2005 4554 and 4564 Montrose Road, Applicant: Altieri Building Supplies Limited, Agent: Raimondo Associates Architects Inc. It is recommended that Council: a) approve the landscaping standards for the subject land outlined in this report; and 2) pass the by -law included in tonight's agenda to implement the requested Zoning By -law amendment and the above noted recommendation. PD- 2006 -02 Official Plan and Zoning By -Law Amendment Application, AM- 06/2005, 3965 Oliver Street, Applicant: Ralph Terrio, Agent: Wayne Thomson, Expansion of a Dwelling Located Within an Environmental Protection Area Designation and Within a Hazard Land Zone. It is recommended that Council pass the amending by -law on tonight's agenda to permit a single detached dwelling on the land, pursuant to Council's earlier approval of this application; and determine by resolution that the shifting of the proposed dwelling is a minor change and does not require further public notice to be given. PD- 2006 -03 Regional Draft Forest Conservation By -law Review and Request for Delegation of Authority. It is recommended that Council delegate its power as per the Municipal Act, s. 135(10) to regulate woodlands that area greater than 0.2 hectares (0.5 acres) and up to 1 hectare (2.5 acres) in size on private lands in Niagara Falls to the Niagara Region; a delegation by -law be brought forward to a subsequent Council meeting following final approval of the Region's Forest Conservation By -law; and a copy of this report and the attached comments be forwarded to the Niagara Region for consideration -10- January 23, 2006 in the preparation of a final Forest Conservation By -law. PD- 2006 -05 Request for Removal of Part Lot Control Portions of Lots 325, 326, 327 328, Registered Plan 40, 6248 -6266 Ash Street, Owner: Mountainview Homes. It is recommended that 1) Council approve the request and pass the by -law included in tonight's agenda to designate portions of Lots 325, 326, 327 328, Registered Plan 40, described as Parts 1 to 5 (inclusive), Reference Plan 59R- 12855, as exempt from Part Lot Control; and the applicant be required to notify the City when the separate deeds have been registered; and Council authorize staff to enter into any required agreements and execute any related documents regarding the transfer of an easement to the City over Part 1, Reference Plan 59R -12855 for storm sewer maintenance. PD- 2006 -06 Request for Extension to Draft Plan Approval, Warren Woods Draft Plan of Subdivision, Municipal File: 26T -96001 (Revised), Owner: Warren Woods Land Corporation 617567 NB Inc. It is recommended that Council support a one -year extension to draft plan approval for the Warren Woods Plan of Subdivision, conditional on the applicant erecting the appropriate subdivision signs on the property for public information purposes. BBS- 2006 -01 Indexing of Permit Fees 2006. It is recommended that this report be received for the information of Council. MW- 2006 -02 Portage Road and Morrison Street (west intersection) School Crossing Guard Review. It is recommended that a school crossing guard be provided at the intersection of Portage Road and Morrison Street (west intersection) to assist school children. MW- 2006 -01 Contract 2005 154 -05 Stamford Street and McRae Street Sewer Separation. It is recommended that the contractor (Provincial Construction) be retained to perform the works of the McRae Street and Stamford Street Sewer Separation project for the amount shown below and that council authorizes the Mayor and City Clerk to sign an agreement with Provincial Construction. MW- 2006 -04 Central Pump Station High Rate Treatment Facility Cost Sharing. It is recommended that the City of Niagara Falls accept the cost sharing agreement with the Regional Municipality of Niagara in the amount of $10,511,864 for the construction of the new Central Pump Station and High Rate Treatment Facility and associated works. MW- 2006 -07 Consultant Retention for Park Street Crysler Avenue to Victoria Avenue. It is recommended that Council authorizes the Mayor and City Clerk to sign an agreement with Delcan Corporation for the design of new storm sewers, water mains and road on Park Street from Crysler Avenue to Victoria Avenue for the upset limit of $32,000.00, excluding GST and the financing of this design from the 2006 Municipal Works Capital Projects, Bridge Street Storm Separation program be pre- approved. MW- 2006 -08 2006 Water Distribution Subsystem Annual and Summary Report. It is recommended that the report be received and filed. R- 2006 -01 Actions Stemming from the Mayor's Youth Advisory Committee Meeting of November 9, 2005. It is recommended that Council approve the revised Draft Terms of Reference for the Mayor's Youth Advisory Committee. A copy of the Draft Terms of Reference is attached. FS- 2006 -01 Agreement with Fire Monitoring Technology Inc. to provide electronic direct to Fire Services notification of fire signals. It is recommended that Council authorize the Mayor and the City Clerk to sign an agreement with Fire Monitoring Technology Inc. (FMTI) to provide electronic direct to Fire Department notification or e- DTF services, to UL /UL Canada listed signal receiving centres which allows for "open access" fire alarm monitoring by Niagara Falls Fire Services. -11- January 23, 2006 FS- 2006 -02 Agreement with Wireless Works to Provide Radio Airtime. It is recommended that Council authorize the Mayor and the City Clerk to sign an agreement with Wireless Works to provide radio airtime on ourtrunked UHF network for Niagara Falls Fire Services. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo that the recommendations be approved. Carried Unanimously MW- 2006 -03 Retention of Consultant for the Kalar Road Basement Flooding Abatement Environmental Assessment. It is recommended that the consulting engineering firm of CH2MHill be retained to conduct the Kalar Road Basement Flooding Abatement Environmental Assessment for an amount not to exceed $95,286 and that Council authorizes the Mayor and City Clerk to sign an agreement with CH2MHill. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio that the recommendation be approved. Carried Unanimously BY -LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti that leave be granted to introduce the by -laws and the by -laws be given a first reading. Carried Unanimously 2006 -01 A by -law to establish Part 3 on Reference 59R -12705 as a public highway, to be known as and to form part of Riall Street. 2006 -02 A by -law to establish Part 5 on Reference Plan 59R -12840 as a public highway, to be known as and to form part of Detenbeck Road. 2006 -03 A by -law to establish Parts 1 and 2 on Reference Plan 59R -12902 as a public highway, to be known as and to form part of Dorchester Road. 2006 -04 A by -law to establish Part 2 on Reference Plan 59R -12912 as a public highway, to be known as and to form part of McLeod Road. 2006 -05 A by -law to establish Part 4 on Reference Plan 59R -12912 as a public highway, to be known as and to form part of McLeod Road and part of Garner Road. 2006 -06 A by -law to establish Part 5 on Reference Plan 59R -12912 as a public highway, to be known as and to form part of Garner Road. 2006 -07 A by -law to establish Part 9 on Reference Plan 59R -12956 as a public highway, to be known as and to form part of Dorchester Road. 2006 -08 A by -law to amend By -law No. 80 -114, being a by -law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. 2006 -09 A by -law to authorize the execution of an amendment to the Niagara Region Courts Intermunicipal Agreement with The Corporation of the Town of Fort Erie, The Corporation of the Town of Grimsby, The Corporation of the Town of Lincoln, The Corporation of the City of Niagara Falls, The Corporation of the Town of Niagara -on- the -Lake, The Corporation of the Town of Pelham, The Corporation of the City of Port Colborne, The Corporation of the City of St. Catharines, The Corporation of the City of Thorold, The Corporation of the Township of Wainfleet, The Corporation of the City of Welland, The Corporation of the Township of West Lincoln and The Regional Municipality of Niagara. -12- January 23, 2006 2006 -10 A by -law to authorize temporary borrowing. 2006 -11 A by -law to authorize the execution of an Agreement with Dr. Rosmund Aidoo dated December 22, 2005, respecting the Niagara Falls Health Professional Recruitment and Retention Task Force to recruit and retain qualified physicians for the City and the surrounding area. 2006 -12 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. 2006 -13 A by -law to authorize the execution of a Condominium Agreement with Klein Building Company Limited, being Blocks 64 and 65 on Plan 59M -207. 2006 -14 A by -law to designate portions of Lots 325, 326, 327 328, Registered Plan 40, not be subject to part-lot control. 2006 -15 A by -law to amend By -law No. 79 -200, to permit the erection of a one family detached dwelling in a HL zone. AM- 06/2005 2006 -16 A by -law to amend By -law No. 79 -200, to permit a retail store as a temporary use. AM- 25/2005 2006 -17 2006 -18 A by -law to amend By -law No. 79 -200, to permit an accessory residential use and to recognize the existing landscaped open space and southerly interior side yard width. AM- 25/2005 A by -law to amend By -law No. 79 -200, to recognize the subject land as one lot for the purposes of providing parking and to incorporate the provisions of By -law No. 93 -96. AM-11/2005 2006 -19 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. OPA No. 64 2006 -20 Being a by -law to provide for appointments to certain Boards, Commissions and Committees Committee of Adjustment). 2006 -21 A by -law to provide for appointments to certain Boards, Commissions and Committees. 2006 -22 A by -law to amend By -law 2004 -19, being a by -law to provide for citizen appointments to certain Boards, Commissions and Committees. 2006 -23 A by -law to authorize the payment of $20,721,249.82 for General Purposes. 2006 -24 A by -law to amend By -law No. 79 -200, to rezone the lands from GI to LI to permit a new car agency. AM- 30/2005 2006 -25 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 23r day of January, 2006. -13- January 23, 2006 ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell that the by -laws be read a second and third time and passes. Carried Unanimously Downtown Development ORDERED on the motion of Alderman Diodati, seconded by Alderman loannoni That staff be directed to investigate the opportunities available for funding of downtown public improvement projects from various sources including the Region of Niagara, Provincial and Federal governments, Falls Management Corporation, private sources and increased tax assessment; and that staff be directed to investigate opportunities to implement public realm capital works, overall benefits of such works and methods to accommodate the improvements. Carried Unanimously Frederica Street Crosswalk Main Ferry Crime NEW BUSINESS ORDERED on the motion of Alderman Campbell, seconded by Alderman Kerrio that the staff investigate highlighting the crosswalk on Frederica Street across from Stamford Jack Bell arenas. Carried Unanimously Alderman Volpatti mentioned the recent Main Ferry C.I.P. meeting and the crime statistics in that area. She suggested a meeting with the police would be appropriate to come up with solutions. Alderman loannoni suggested that such a meeting could be accomplished through a meeting of the Mayor's Prostitution Committee. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio that the Niagara Regional Police be invited to a meeting to discuss possible solutions to the crime in the Main Ferry area. Carried Unanimously ORDERED on the motion of Alderman Diodati, seconded by Alderman Pietrangelo that the meeting be adjourned at 9:25 p.m. Carried Unanimously DEAN IORFIDA, CI1'Y CLERK R.T. (TED) SALCI, MAYOR