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2006/07/31THIRTEENTH MEETING IN CAMERA MEETING Council met on Monday, July 10, 2006 at 5:30 p.m. in an In Camera Session. All members of Council were present. Alderman Volpatti presided as Chairman. Following consideration of the items presented, the In Camera Session did arise in open session. REGULAR COUNCIL MEETING ADOPTION OF MINUTES Committee Room 2 July 31, 2006 DEAN IORFI A, CITY CLERK R.T. (TED) SALT MAYOR Council Chambers July 31, 2006 Council met on Monday, July 31, 2006 at 7:05 p.m. for the purpose of considering Regular /Planning Business matter. All members of Council were present. Alderman Morocco offered the Opening Prayer. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio that the minutes of July 10, 2006 be approved as printed. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Alderman Campbell indicated a pecuniary interest to cheque no. 302623, the District School Board of Niagara, his employer. He also indicated a conflict with Report CAO -2006- p 04 Walker Industries E.A. as he is working on the sale of his p arents' home with the company. Alderman Wing indicated a conflict with by -law 2006 -141 OPA 66 pertaining to the p Niagara Parks Commission as she owns property with a Parks' em to ee. ploy Cast of Aladdin - 2 - July 31, 2006 Council Minutes DEPUTATIONS /PRESENTATIONS Linus Hand informed Council of the Aladdin show that is playing the Greg Frewin Theatre. It opened on May 16 and will be playing for 16 weeks. Members of the cast were present and performed the song " A Whole New World ". Linus thanked Council for their support and for all the business owners for their continued support in the theatre. The Mayor outlined the business benefits, in terms of emplo ment, of having such a production Y g p in the community. Inter - Municipal Specialized Transit Service Eric Pilon from the Region outlined the selection criteria and timelines for the Inter - Municipal Transit service. Niagara Peninsula Conservation Authority - Yellow Fish Road Program Jocelyn Baker, Watershed Restoration Coordinator of the Niagara Conservation Authority made a brief presentation to Council informing them of the Yellow Fish Road Program. The watershed municipalities will be key partners in the implementation of the program. Staff and volunteers will paint "yellow fish" symbols beside storm drains and distribute a fish shaped brochure to nearby households. This will help enlighten residents about the disposal of unwanted household products in an environmentally sound way. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that Council support the program and endorse the yellow fish symbols in the city of Niagara Falls. Carried Unanimously Alderman loannoni left Chambers. PLANNING MATTERS PD- 2006 -57 - Chief Administrative Officer: Public Meeting, Zoning By -law Amendment Application AM- 22/2006, 3868 Bridgewater Street, Reconstruction of a Dwelling. Applicant: Kevin Sullivan The report recommends that Council approve the Zoning By -law amendment application to permit the reconstruction of a dwelling on the property; and direct staff to undertake a land use study to determine the appropriate land use designation for Minor Commercial designated lands west of Dock Street and lots fronting onto Bridgewater Street. The Clerks advised that a public meeting was now being convened to consider an amendment to the City's Zoning By -law for the reconstruction of a Dwelling, 3868 Bridgewater Street. He advised that Notice was given by First class mail in accordance with the Planning Act on Monday, July 10, 2006 and by posting a sign on the property in question. He informed that anyone wishing to receive passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, shall leave their names on the sign -in sheet outside Council Chambers. The Director of Planning and Development reviewed the recommendations and provided the following information. Background The zoning by -law amendment is requested to permit the reconstruction of a dwelling that has been destroyed by fire. The proposed dwelling is slightly larger than the original dwelling. Official Plan The property is designated Minor Commercial in the Official Plan. Lands under the Minor Commercial designation are intended to be developed for a variety of small scale commercial uses. Single detached dwellings are not permitted under the Minor Commercial designation. The Official Plan, however, has policies which permit Council to recognize certain existing uses by way of site specific rezoning provided that such uses do not aggravate or impose danger to abutting complying uses, contribute to urban renewal problems or interfere with development occurring in conformity with the OP. July 31, 2006 Council Minutes The proposed expansion complies with the non - complying use policies as follows: - the properties abutting the subject land are residential; - Rebuilding a dwelling on the property will not conflict with the existing dwellings; The owner proposes to eliminate the existing porch encroachment on Bridgewater St., and set the new dwelling further back from the front and side lot lines to be consistent with setbacks of adjacent residences. Commercial uses in this area should not be interfered with by this approval; Given the small of the property its potential to accommodate a commercial use with adequate parking facilities is limited. The lot is of appropriate size for a single detached swelling; The proposed use is not a hazardous use that will endanger surrounding properties; The properties dwelling lies outside of the flood plain and the Niagara Peninsula Conservation Authority has no concerns with its reconstruction; Reconstructing a dwelling on the property will not cause an urban renewal p roblem. Zoning The land is currently zoned General Commercial (GC) which does not permit a single detached dwelling. Site specific provisions are requested to be added to the GC zoning of the property to permit reconstruction of the dwelling. The proposed provisions would permit the development of a single detached dwelling with setbacks and development standards typical of single detached dwelling zones in the City. Although it would be preferable to rezone the property under a residential zone to reflect its proposed use, the property should be maintained under the GC zone until a comprehensive study of the area is completed. At such time, Council can consider lcin the area under an appropriate zone p g category to reflect the recommended land use designation. In the meantime, the zonin g of the subject lands should be restricted to: - A one family detached dwelling; - A home occupation in a one family detached dwelling; and Y g, - Accessory buildings and structures, All subject to the general regulations contained in zonin g By-law -law 79 -200 Further Review of Minor Commercial Land use designation Conclusion - 4 - July 31, 2006 Council Minutes Lands between the Welland River and Welland St. from Cummington Square to a point about 70 m. (230 ft) west of Dock St. fall under a Minor Commercial designation and are intended to be used for a variety of small scale commercial uses. While properties in the area of Cummington Square and along Main St. have been converted or developed for commercial use, properties in the vicinity of the subject land, as well as along Bridgewater St. continue to be used for residential purposes. - These dwellings have existed for a considerable period of time and a degree of stability has been achieved in the community. Given the small, fractured land holdings in the immediate area future commercial opportunities may be limited. Staff are recommending a review of the land use designation for land west of Dock St. and for Tots fronting onto Bridgewater St. If Council approves this recommendation, staff will report back on the matter at a later date. The requested zoning amendment can be supported for the following reasons: - It complies with the Official Plan with respect to non - complying uses. - The proposed dwelling is compatible with surrounding residential properties and should not interfere with current and future commercial uses. Recommendation It is recommended that Council: 1) Approve the Zoning By -law amendment application to permit the reconstruction of a dwelling on the property; and 2) Direct staff to undertake a land use study to determine the appropriate land use designation for Minor Commercial designated lands west of Dock Street and lots fronting onto Bridgewater St. Mayor Salci advised that failure to make an oral or written submission at this Public Meeting could result in the Ontario Municipal Board dismissing any referral it receives if the party has not made an oral or written submission at the Public Meeting. Kevin Sullivan, applicant, advised Council that he had a serious fire and would like to rebuild. With approval, Mr. Sullivan will also be able to correct the position of the porch, which currently encroaches on City property. Mayor Salci declared that the Public Meeting with regard to AM- 22/2006 is closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that the report be approved as recommended. Carried Unanimously PD- 2006 -60 - Chief Administrative Officer: Public Meeting, Official Plan & Zoning By- law Amendment Application AM- 38/2004 & AM- 19/2006, Grand Niagara Resort Inc. Between Welland River and Biggar Road from Montrose Road to West of Morris Road. Agent: Carl Brawley, Glen Schnarr and Associates. Expansion to the Golf Course and Resort Block Area and Development of a Lifestyle Residential Community. July 31, 2006 Council Minutes The report recommends that (1) Council approve the Official Plan and Zoning By- law amendment applications consisting of the following subject to the detailed discussions contained in this report: (a) expansion of the golf course onto a 22 hectare (54 acre) parcel west of Morris Road between Grassy Brook Road and Biggar Road; (b) a 8 hectare (20 acre) expansion of the approved resort block, located north of Grassy Brook Road, onto a portion of the land south of Grassy Brook Road and east of Crowland Avenue; (c) a 220 unit lifestyle residential development consisting of approximately 13 hectare ( 32 acres) of the land south of Grassy Brook and east of Crowland Avenue; (d) a recognition in the Official Plan of the existing golf course development south of the CP Rail line between Montrose Road and Crowland Avenue; and 2) Approval of the components listed in 1 (b) and 1 O) above the subject to a holding zone provision (H) to remain in place until condominium approval is granted, transportation and servicing infrastructure is developed to the satisfaction of the City, and noise, environmental impact and tree saving studies are completed; and 3) Council direct staff to initiate the process to stop up and close Crowland Avenue., between Biggar and Grassy Brook Roads and a potion of Grassy Brook Rd on either side of Crowland Rd. Including scheduling a public meeting at Council to consider the request. BACKGROUND Grand Niagara Resort Inc. has submitted Official Plan and Zoning By -law amendment applications to expand the Golf Course and Resort. Amendments for the 1s phase of the development were approved by Council in 2001 (Parts 1,2 & 4). Included in these approvals are 2 -18 hole golf courses, a club house, resort area with 350 unit hotel, 300 vacation villas and ancillary recreational and administrative buildings. In 2004, Council considered a further application to expand the golf course west of Morris Rd (Pt 5) and north of Grassy Brook Rd. Due to concerns about possible road closings, cart path crossings of road allowances and potential impacts on wetlands along the Welland River, Council denied this application. Since that time, the applicant has purchased additional property and has altered his expansion plans. The application presently before Council represents a comprehensive build out plan and a reworked design, identifying proposed road closures. The amendments requested would permit the following: Expansion of the golf course onto Pt 5. - change in OP designation and Zoning to Open Space - watercourses and wetlands to be designated Environmental Protection Area (EPA Expansion of the Resort Block onto Pt 2. - modification of the OP policies and zoning Development of a residential lifestyle community (220 townhouse and single detached residential units) on Pt 2. - establish new OP policies and Zoning to permit the residential component. Expansion of the Golf Course July 31, 2006 Council Minutes Recognition of the existing golf course south of the Cp Rail line. - change the OP designation and Zoning to Open Space. - protect Provincially significant Wetlands by introducing an OPA designation The applicant is also requesting the City stop up and close Crowland Avenue between Grassy Brook Rd and Biggar Rd and a portion of Grassy Brook Rd on either side of Crowland Avenue. These road closures would facilitate a new entranceway into the golf . g course and a centralized activity area for the clubhouse, resort hotel, parking and administration. A formal application will need to be processed to effect these road closures. Plans to expand the golf course have been modified to include lands west of Morris Rd. The expansion of the golf course north of Grassy Brook Rd between Morris Rd and Crowland Ave. is no longer being pursued. This should alleviate some of the concerns raised previously about the impact of the golf course on the Welland River wetlands and the golf cart crossings over Grassy Brook Rd. Planning Merits -An agricultural impact assessment submitted by the applicant's consultant concludes that there will be minimal loss in agricultural resources. -The golf fairways are a suitable use for the tablelands and do not conflict with surrounding agricultural uses and are compatible with nearby residential uses. - Wetlands and valley lands will be protected by placing these lands under an EPA designation. Expansion of the Resort Block onto Part 2 OP Amendment 37 permits the development of a resort on the north side of Grassy Brook Road, consisting of 350 unit hotel, 300 vacation villas and ancillary recreational and administrative buildings. The applicant now wishes to extend a small portion of this resort block, including the hotel onto Part 2. Planning Merits There is no increase in the number of units proposed or the intensity of the use. The proposed changed will not impact on traffic and servicing infrastructure. The resort area expansion will be on tablelands outside of EPA designated lands and will complement the open space (golf course) designation on surrounding lands. To protect adjacent environmental lands an Environmental Impact Study will be required to determine any mitigation measures. The resort development will remain outside of the 1.09 kilometre buffer established to protect sensitive uses from the impacts of Cytec's industrial operation. Residential Lifestyle Development ( Part 2) A unique form of residential lifestyle community is being proposed, geared towards adults 55 yrs of age or older. Approximately 220 units consisting of 59 single detached dwellings & 161 townhouse units are proposed in 2 blocks situated between Grassy Brook and Lyon's Creek tributaries east of Crowland Ave. Planning Merrits As the residential blocks are within the City's urban area boundary, no expansion of the boundary is occurring. The residential blocks are outside the 1.09 kilometre buffer radius established to protect sensitive uses from the impact of Cytec's industrial operations. The blocks are integrated into the design of the golf course. An Environmental Impact Study will be required to ensure that impacts on adjacent wetlands are mitigated. A form lifestyle community is being proposed catering to `empty nester' households. On site services such as recreational facilities and security will be provided. The adult oriented residential development, forming part of the comprehensive resort development is a unique housing form that is currently not provided in the City and will provide additional diversity in housing options. Recognition of Existing Golf Course and Environmental Lands South of the CP Rail Line ( Part 3) Lands south of the CP Rail line are designated Industrial in the OP. As a housekeeping exercise, these lands will be redesignated to an Open Space category consistent with the rest of the golf course resort. Planning Merits This redesignation gives the City an opportunity to redesignate an existing provincially significant wetland as an Environmental Protection Area to properly recognize and protect the wetland. Zoning - 7 - July 31, 2006 Council Minutes Amendments to the zoning by -law will need to be made to effectively implement the proposed Official Plan land use and policy changes. Highlights The Open Space Zoning which currently applies to the existing golf course will be extended over the expanded golf course area. An Environmental Protection Area (EPA) Zoning will be applied to wetland and watercourse areas. Resort Block zoning which currently applies to lands north of Grassy Brook Road will be extended southerly to the proposed resort block expansion area. - zoning regulations will be amended to permit apartment dwellings as part of the resort hotel in addition to time share and hotel rooms - staff recommend that appropriate setback provisions be maintained - the size of accessory office and recreation facilities will be increased to approximately 10,700 square feet. Staff do not recommend that the proposed residential blocks be placed under a standard residential zoning category. In order to provide for some flexibility in the design of these unique housing forms, special provisions should be established as a component of the Open Space Zone. -8- July 31, 2006 Council Minutes A holding zone provision will need to be applied to this residential component. - a variety of technical and design matters will need to be addressed before the holding zoning provision is lifted ( i.e. completion of EPA studies, submission of condominium plans, noise and vibration study, etc.) Proposed Road Closings The build -out plans for the expanded Grand Niagara Golf Course Resort contemplate a new main entranceway off of Biggar Road and the use of Crowland Avenue as a private driveway into the centre of the resort complex. A request to close Crowland Avenue between Biggar Road and Grassy Brook Road has been made by the applicants. A small portion of Grassy Brook Road on either side of Crowland Avenue is also requested to be closed to accommodate a central activity area comprised of resort hotel, administration building, club house and parking. Planning Merits The intersection of Crowland Avenue and Biggar Road together with the diagonal crossing of the CP rail line is a public safety hazard. Eliminating the north leg of Crowland Avenue at this intersection and replacing it with a newly configured entranceway into the resort complex is not only appropriate but highly desirable. Crowland Avenue is no longer required for public access purposes. All private properties have been purchased by the applicant. The closure of Grassy Brook Road on either side of Crowland Avenue does not impact adjacent residential properties. All residents have direct access to a public road. Grassy Brook Rd west of Crowland Ave abuts the Welland River for a stretch of approximately 100 m. In this section, unstable soil conditions are causing the road to shift. Should this portion of Grassy Brook Rd remain open, the stabilization costs will be about $200,000. The City can avoid these costs be closing up and stopping a portion of Grassy Brook Rd, as requested. The down side of the Grassy Brook Road closure proposal is the inconvenience caused to east -west traffic movement. Staff are of the opinion that there is sufficient merit in formally processing the road closure request through the required public meeting process. Site Plan Control Through site plan control, the detailed site servicing plans, environmental mitigation measures, archaeological measures and landscaping will be implemented. A site plan agreement will not be executed until all the matters covered under the holding provision are dealt with and the hold symbol is lifted. Plan of Condominium Through the plan of condominium stage an acceptable subdivision layout with a second means of access to the condominium blocks will be determined. In addition, detailed site servicing and drainage and environmental mitigation measures will be determined and implemented. Registration of condominium plans will be subject to lifting the hold zone. Conclusion The requested amendment to the Official Plan can be supported as follows: - The addition of the land west of Morris St. has little impact on agricultural resources and environmental lands in this area will be protected under the appropriate designation. - The resort block expansion is modest in size and does not result in an increase in the number of hotel or vacation villa units. - The addition of a residential lifestyle community component represents a unique type of development which expands the choice of housing opportunities available in Niagara Falls. This development will take place within the urban boundary and will have access to full municipal services. - The designation of the lands south of the CP Rail Line for Open Space purposes is consistent with approvals already given. Appropriate zoning provisions will be established to implement Official Plan land use designations and policies. The closures of Grassy Brook Road and Crowland Avenue are important components of the overall design of the project and will require Council's further consideration. Recommendation: It is recommended that: -g- July 31, 2006 Council Minutes (1) Council approve the Official Plan and Zoning By -law amendment applications consisting of the following subject to the detailed discussions contained in this report: (a) expansion of the golf course onto a 22 hectare (54 acre) parcel west of Morris Road between Grassy Brook Road and Biggar Road; (b) a 8 hectare (20 acre) expansion of the approved resort block, located north of Grassy Brook Road, onto a portion of the land south of Grassy Brook Road and east of Crowland Avenue; (c) a 220 unit lifestyle residential development consisting of approximately 13 hectare ( 32 acres) of the land south of Grassy Brook and east of Crowland Avenue; (d) a recognition in the Official Plan of the existing golf course development south of the CP Rail line between Montrose Road and Crowland Avenue; and 2) Approval of the components listed in 1 (b) and 1 ©) above the subject to a holding zone provision (H) to remain in place until condominium approval is granted, transportation and servicing infrastructure is developed to the satisfaction of the City, and noise, environmental impact and tree saving studies are completed; and 3) Council direct staff to initiate the process to stop up and close Crowland Avenue., between Biggar and Grassy Brook Roads and a potion of Grassy Brook Rd on either side of Crowland Rd. Including scheduling a public meeting at Council to consider the request. Mayor Salci advised that failure to make an oral or written submission at this Public Meeting could result in the Ontario Municipal Board dismissing any referral it receives if the party has not made an oral or written submission at the Public Meeting. Dr. John Bacher, 134 Church Street, St. Catharines, advised that the good feature of this proposal is that the wet lands are being protected and there is a substantial buffer but he felt more study should be given to other forests in the area. He also felt that if the developer funds a tree savings plan it undermines its objectivity. - 10 - July 31, 2006 Council Minutes Dolores Wright, 9963 Grassy Brook g Road, felt that although there have been changes to the proposal there has been inflexibility on the part of the developers. She felt there were still options to keep Grassy Brook open. Mrs. Wright indicated that Pebble Beach golf course functions with a road through it. She also questioned the impacts on residents, wildlife and costs of services to the residents. David and Valerie Leadley, 8228 Grassy Brook Road, were in support of the comments forwarded by Dolores Wright and inquired as to repair of the roads. The Director of Municipal Works indicated that the closure of Grassy Brook would necessitate improvements to Morris Road and that the Y developer pays for extension of p p services through development charges. He also indicated that the City would still be responsible for maintenance and ploughing in the area despite proposed changes. Denis Boulet, 9931 Grassy Brook, said the road closure would inconvenience him and other residents on Grassy Brook. He felt the extra distance, necessitated by road closures, would add up over the years. Bob Robinson, 9827 Grassy Brook Rd., felt that the development was positive for the economy but there were ways of doing the development without closing the road. He also felt that the road needed repairs. Gord Clendening, 9072 Grassy Brook Rd, is upset that the road will be closed, he advised that the road is in terrible shape and is in need of repair and felt historical agreements called for its preservation. Ingrid Kneller, 9497 Grassy Brook Road, is in full support of this proposal including the closure of Grassy Brook Road. The conditions of the road are poor and it is unsafe because of the speeding on the street. The road closure will make the area q uieter and safer and allow for biking and walking paths. The success of Grand Niagara will make the whole area thrive and would be better than industrial development which was originally p slated for the area. Sherry Lair, 8218 Grassy Brook Road, advised that she is not in support of the closure of part of Grassy Brook Road and had concerns about dust emanating from construction. John Grassl, owns over 80 acres on Grassy Brook Road, indicated that the development continues to expand from its original proposal. Glen Schnarr, Schnarr & Associates for the applicant, outlined the changes in the proposal including reduced timeshare height, entrance changes and less obtrusive parking. He outlined who the developers have partnered with and the economic impacts of the development. Mr. Schnarr promised that there would be no future request to close Morris Road. He indicated that although they have looked into a winery/vineyard, that is not a part of this proposal Mr. Schnarr indicated that they were in support of staffs recommendations and would be open to the City keeping ownership of Grassy brook until development has progressed. Mayor Salci advised that the Public Meeting with regard to AM- 19/2004 and AM- 38/2004 is closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo that the recommendations be approved and also that the City retain title of the property until a certain amount of progress has been made. Motion Carried with Alderman Wing opposed. Alderman Campbell Alderman loannoni Alderman Morocco Alderman Volpatti Mayor Salci AYE AYE AYE AYE AYE MAYOR'S REPORTS, ANNOUNCEMENT Mayor Salci advised of a recent event: A sod turning at Station 6 in Crowland. The project had been a long time coming and represents an investment of more than a million dollars in our Crowland volunteer facility. COMMUNICATION AND COMMENTS OF THE CITY CLERK 1 Mmwave Technologies - requesting approval for a Wireless Network, 18 Ghz High - Performance Microwave Antenna. RECOMMENDATION: For the Approval of Council Alderman Diodati Alderman Kerrio Alderman Pietrangelo Alderman Wing July 31, 2006 Council Minutes AYE AYE AYE NAYE ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell that the communication be approved. Carried Unanimously 2 Correspondence from Brian Wilkie, re: Niagara Falls Hydro Inc. - Affiliate Relationship Code Compliance. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Alderman loannoni, seconded by Alderman Morocco that the communication be approved. Carried Unanimously 3. Correspondence from Kathy Powell, Museum Manager, re: Provincial Community Museums Operating Grant Programme. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that the communication be approved and that a letter be sent to the Ministry in support of the increase to the Provincial Community Museums Operating Grant. Carried Unanimously RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo that the actions taken in Community Services, on July 31, 2006 be approved. Carried Unanimously 1) . That the minutes of the July 10, 2006 meeting be approved. 2) That Council reduce the lottery licence fees for Bingo from the current 3% of licensed prize board to 3% of the actual prize paid and that by -law 2003 -35 be amended accordingly. - 12- July 31, 2006 Council Minutes 3) That Smoke Free Ontario Act be received for the information of Council and that information be placed on the City's website. 4) That staff proceed with the works on Park Lane as outlined in report MW- 2006 -90. 5) That Council authorizes staff to continue with the final design and contract documents as outlined in report MW- 2006 -85. Sinnicks Avenue 6) That Steed & Evans Limited be retained to perform the works of the 2006 Asphalt Overly Phase #2 City wide. 7) That report on Pedestrian Signal Review be received for the information of Council. 8) That the purchase of a Tymco DST -6 Regenerative Sweeper with Dustless Filtration System be awarded to Equipment Specialist. 9) That staff pursue no stopping on Stanley Avenue in front of the Clarion Hotel, increased enforcement, increase fines and obtain input on the matter from the local BIA's. RATIFICATION OF "IN CAMERA" ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco that the "In Camera" actions, earlier this evening be approved. Carried with Alderman Campbell declaring a conflict on item #2. 1) That staff continue to negotiate with JDS and report back. 2) That staff be authorized to negotiate a host Community Agreement with Walker Industries Holding Limited; and That the agreement include a compensation payment to the City of $.75 per tonne of waste disposed in the expanded landfill scheduled to open in mid 2009. 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. CD- 2006 -11 - Niagara District Airport Commission Municipal Agreement. It is recommended that Council authorizes the Mayor and City Clerk to sign the Municipal Agreement between The Corporation of the City of St. Catharines, The Corporation of the City of Niagara Falls, The Corporation of the Town of Niagara -on- the -Lake and The Corporation of the City of Thorold pertaining to the Niagara District Airport; and Council pass the by -law executing the said agreement appearing later on the agenda. - 13 - July 31, 2006 Council Minutes L - 2006 -29 - Legal Services Policy and Procedure for Insurance Claims. It is recommended that Council approve the amendment to Section 600.04 of the Policy and Procedural manual ( "Policy Manual ") being Legal Services policy and procedure for Insurance Claims . PD- 2006 -59 - Heritage Designation of Cummington Square. It is recommended that Council pass the by -law to designate Cummington Square under Part IV of the Ontario Heritage Act, R.S.O. 1990 as a property of cultural heritage value and interest. MW- 2006 -79 - Contract 2006 -08, 2006 Surface Treatment Program. It is recommended that the unit prices submitted by the low tenderer, Norjohn Limited, be accepted and the financing of this construction from the 2006 Municipal Works Capital Projects Budget, be approved. MW- 2006 -87 - Consultant Appointment Portage Road /St. Paul Avenue Watermain Replacement. It is recommended that in accordance with the City's Consultant Selection Policy, that the City of Niagara. Falls enter into a Consultin g g Services Agreement with EarthTech International Ltd. for the design of a watermain replacement project on Portage Road from Elizabeth Street to O'Neil Street and on St. Paul Avenue from O'Neil Street to Riall Street for the upset limit of $ 51,230.00 excluding GST. MW- 2006 -88 - Tender Award Park Street Underground Services and Road Reconstruction Contract 2006- 165 -06. It is recommended that the unit process submitted by the low tenderer, Provincial Construction (Niagara Falls) Limited, be accepted and the financing of this construction from the 2006 Municipal Works Capital Projects Budget, be approved. MW- 2006 -89 - Consultant Appointment Maple Street, First Avenue and Third Avenue Underground and Road Reconstruction Bridge Street Watermain Replacement. It is recommended that the City of Niagara Falls enter into a Consulting Services Agreement with EarthTech Canada Inc. for the design of the underground services and road reconstruction on Maple Street, First Avenue, Third Avenue and the watermain replacement on Bridge Street for the upset limit of $77,925.00 excluding GST. MW-2006-91 - ConsultantAppointment - Montrose Business Park Municipal Services Extension - Phase One. It is recommended that the City of Niagara Falls enter into a Consulting Services Agreement with Denco Engineering Ltd. for the design of a sanitary sewer, watermain and roadway extension in the Montrose Business Park ( Phase 1) at an upset limit of $23,000 excluding GST. R- 2006 -27 - 2006 Sports Wall of Fame Inductees. It is recommended that Council approve the 2006 Sports Wall of Fame Inductees for the January 21, 2007 Induction Ceremony. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell that the recommendations in the consent agenda be approved. Carried Unanimously BY -LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati that the by -laws be given a first reading. Carried with Alderman Wing declaring a conflict on by -law 2006 -141 2006 -136 A by -law to establish Parts 57, 58, 59 and 60 on Reference Plan 59R -12577 as a public highway, to be known as and to form part of Drummond Road. 2006 -137 2006 -138 2006 -139 - 14 - July 31, 2006 Council Minutes A by -law to authorize the execution of a Lease Agreement with Seniors Boutique and Craft Outlet respecting the lease of a portion of the lands and premises located at the Coronation 50 Plus Recreation Centre and municipally known as 5725 Main Street, Niagara Falls. A by -law to authorize the execution of a Lease Agreement with Niagara Falls Curling Club respecting the lease of a portion of the Niagara Falls Curling Club's premises at 5801 Morrison Street in the City of Niagara Falls. 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 -140 A by -law to authorize the execution of an Agreement with the City of St. Catharines, the Town of Niagara -on- the -Lake and the City of Thorold, respecting the continuation of the Joint Municipal Services Board to provide for and facilitate the operation of the Niagara District Airport. 2006 -141 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. ( OPA No. 66) 2006 -142 A by -law to designate the property known as the Cummington Square, Plan 251, Village of Chippawa, except Part 6 on 59R -3037, now City of Niagara Falls, to be cultural heritage value. 2006 -143 A by-law to amend By -89 -2000, being a by-law to regulate parking and traffic on City Roads. ( Parking Prohibited, Stop Signs At Intersections) 2006 -144 A by -law to amend By -law No. 2003 -035, being a by -law to set fees for lottery licensing. 2006 -145 A by -law to amend by -law 2006 -90 being a by -law to set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2006. 2006 -146 A by -law to amend By -law No. 79 -200, to permit the development of 8 townhouse units and two single- detached dwellings. 2006 -147 A by -law to authorize the execution of a Data License & Reciprocation Agreement with The Regional Municipality of Niagara, respecting the licensing, sublicensing, exchange and /or reciprocation of certain spatial data and mapping. 2006 -148 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 31' day of July, 2006. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Kerrio that the by -laws be read a second and third time and passed. Carried with Alderman Wing declaring a conflict on by -law 2006 -141 Ministry of Transportation Council was advised that staff has been in contact with the Ministry in regard to the Adopt a Highway program. There have been some changes to the program which may provide better opportunities for beautification. Entertainment Alderman Campbell advised that the Stamford Fireman's Association has been hosting concerts at Fireman's park throughout the summer. Chippawa BIA ORDERED on the motion of Alderman Morocco, seconded by, Alderman loannoni that staff work with the Chippawa businesses to try to revive the BIA and possibly extend the boundaries. Carried Unanimously Dixon Road Closure Council was reminded that the residents requested this closure as part of the Main Street EA. Residents did not want tourist traffic in their residential area. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that the meeting be adjourned at 10:40 p.m. Carried Unanimously - 15 - NEW BUSINESS July 31, 2006 Council Minutes DEAN IORFI A, CITY CLERK R.T. (TED) SALCI, MAYOR