Loading...
2006/09/11FIFTEENTH MEETING IN CAMERA MEETING Council met on Monday, September 11, 2006 at 4:00 p.m. in an In Camera Session. All members of Council, except Alderman Pietrangelo were present. Mayor Salci presided as Chairman. Following consideration of the items presented, the In Camera Session did not arise in open session. REGULAR COUNCIL MEETING Council Chambers September 11, 2006 Council met on Monday, August 21, 2006 at 7:15 p.m. for the purpose of considering Regular /Planning Business matter. A moment of silence was recognized for the 5 year anniversary of the 9 -11 attacks in New York City. All members of Council were present. Alderman loannoni offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Campbell, seconded by Alderman Kerrio that the minutes of August 21, 2006 be approved as printed. Carried Unanimously Committee Room 2 September 11, 2006 DISCLOSURES OF PECUNIARY INTEREST Alderman loannoni indicated a pecuniary interest to cheque no. 3041 56, p a Y able to herself for expenses related to the A.M.O. conference. Alderman Pietrangelo indicated a pecuniary interest to cheque no. 304193 which was made payable to himself for expenses related to the A.M.O. conference. Alderman Morocco indicated a pecuniary interest to cheque no. 304175, p a Y able to herself for expenses related to the A.M.O. conference, and to cheque no's 303706 and 304147 which were made payable to her spouse. Alderman Campbell indicated a pecuniary interest to cheque no. 3036 . � p rY q 303669, payable to the District School Board of Niagara, his employer. Mayor Salci indicated a pecuniary interest to cheque no. 304213 rY q , made payable to himself. Breast Cancer Awareness Month - 2 - September 11, 2006 Council Minutes DEPUTATIONS /PRESENTATIONS Jody Watson of the Canadian Cancer Society requested that the month of October be declared Breast Cancer Awareness Month. She also advised Council of the 4 Annual Cancer Awareness Breakfast that will be taking lace on Friday, September 29 at the gp Y p Best Western Cairn Croft. . Tami Jeanneret advised Council of the Breast Cancer Awareness Month Kick off which will take place on Saturday, September 30 It will take place in Queen Victoria Park commencing at 6:00 p.m. with the annual Estee Lauder Global Illumination Event at the Falls. Sarah Wood and Kevin Harding informed Council that Niagara Fallsview Casino Resort and the Niagara Parks Commission are major sponsors of the event and the activities that their respective organizations were undertaking to raise awareness. ORDERED on the motion of Alderman Morocco, seconded by Alderman Campbell that the month of October be proclaimed as "Breast Cancer Awareness Month" in the City of Niagara Falls. Carried Unanimously Alzheimer Society Annual Coffee Break Day Teena Kindt, Director of Development for the Alzheimer Society of Niagara provided information on the Alzheimer Society's Coffee Break Fundraising Initiative and provided Mayor Salci with a "Coffee Break" package. She also advised Council of the upcoming Gala being held at the Fallsview Casino Resort on Saturday, October 14 2006. Background: PLANNING MATTERS PD- 2006 -73 - Chief Administrative Officer - Zoning By -law Amendment Application AM- 26/2006, 4084 Martin Avenue, Applicant: Jim Pattison Entertainment Ltd., Proposed 4 -Unit On- Street Townhouse Dwelling The report recommends that Council approve the Zoning By -law amendment application to permit a 4 -unit on- street townhouse development on the property, subject to the following conditions: a) acquisition by the applicant of a 4.57 metre by 21.34 metre (15 feet by 70 feet) portion of the City -owned laneway located east of the subject property; and b) implementation of the development standards as discussed in the report. The Clerk advised that the purpose of this public meeting was to consider a zoning by -law amendment to consider a proposed 4 -Unit On- Street Townhouse Dwelling, 4084 Martin Avenue. He advised that Notice was given by First class mail in accordance with the Planning Act on Friday, August 18, 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 Council Chambers. The Director of Planning and Development reviewed the recommendations and provided the following information: The applicant has requested a Zoning Bylaw amendment for a 744 sq. m. (8010 sq ft) parcel of land known as 4084 Martin Avenue and a portion of the unopened municipal laneway lying between 4084 Martin and 4075 & 4087 Broughton Ave. - 3 - September 11, 2006 Council Minutes The amendment is requested to permit the development of a 3 storey, 4 unit on street townhouse dwelling. The applicant has approached the City with respect to the acquisition of a portion of the laneway located to the east of the subject property. The City has not yet had an opportunity to circulate and consider this request, which would require the closure of the entire lane. This closure may have an impact on a number of adjacent properties. Planning Analysis Official Plan The property is designated Residential in the Official Plan. Multiple unit dwelling developments are permitted within this designation where they are compatible with surrounding development and contribute to providin g a mix of residential units to meet the needs of residents. The proposed development conforms to the OP as follows: - The density of the proposal at 53 units /ha (21.5 units /ac) is consistent with the maximum density permitted by the OP for on- street townhouse developments. - The development is easily accessed from an arterial road (Victoria Ave) via Leader Lane. Staff is concerned that the project has not been designed to achieve compatibility and sensitivity with the dwelling to the south. - The 3 storey project is proposed to be set back only 4.2 m. (14 ft) from the dwelling to the south. - Given the proposed height of the project, this setback is not enough to ensure that the bungalow to the south will be protected from adverse impacts such as Toss of privacy. - In addition, an inadequate rear yard amenity area would be provided for future occupants of the proposed units. Taller residential buildings in the City are typically set back half their height from lot lines. To provide additional amenity space and to protect the privacy of adjacent residents, it is recommended that a setback of 6 m. (20 ft) be provided from the southerly p Y lot line, providing a greater separation from the abutting dwelling and more amenity space for the townhouses. This can be achieved by bringing the townhouses closer to Leader Lane (a setback of 4.5m (15 ft) from the street) while maintaining setbacks of 6m. (20 ft) for the garages facing onto the street to provide room for vehicle parking. Fencing and landscaping could be secured through the zoning bylaw and site plan control to ensure at grade privacy. If the applicant does not acquir e the portion of the laneway, a 4 unit townhouse development will be an over development of the site. There will be no easterly side and Y yard for the units and this will place the development out of character with the surrounding development. If the acquisition does not occur, the project will have to be reduced by one dwelling unit. The subject land is zoned Residential Single Family and Two Family (R2) The zoning is requested to be changed to a site specific Residential Mixed (R3) zone to permit the development. The R3 zoning permits a variety of multiple forms of housing, including on street - 4 - September 11, 2006 Council Minutes townhouses, quadruplexes, and triplexes and would provide a transition from the low density residential neighbourhood to the south and the tourist commercial areas to the north. A number of site specific zone modifications have been requested to accommodate the project. Provided that a 6 metre setback is established from the southerly lot line, a closed board wooden fence is secured along the south property line and a portion of the former laneway is acquired by the applicant, the following site specific standards can be supported: - An increase in building height from 10m (33 ft) to 12m (39 ft). The pitched roof design will mitigate the impacts of the increased height. - A slight reduction in minimum lot area per dwelling unit from 200 sq. m. (2150 sq ft) to 185 sq. m. (1990 sq ft) - A reduction in the rear (easterly) yard from 7.5m. (25 ft) to 4.5m. (15 ft) which includes a portion of the municipally owned laneway. Although this yard is technically the rear yard, this yard will function as the side yard due to the development's orientation to Leader Lane. - A reduction in required parking from 1.4 spaces per dwelling to 1 space per dwelling resulting in a reduction of required parking from 5 spaces to 4 spaces. Parking would be provided at a rate consistent with surrounding dwellings and additional land would be preserved for landscaping and amenity space. Part of the municipally owned laneway is included in the proposed site plan. Conclusion - A portion of the land subject to this application is part of an unopened municipally owned laneway. The applicant wishes to include this in the land holdings as this will increase the size of the lot and will improve the project's fit on the site. This laneway appears to be unused at the present time by either the subject land owner or the adjacent land owners. - The applicant has made a request to purchase the laneway from the City. This will require public consultation separate from the subject application including contact with the other property owners who also abut the laneway and would be impacted by its closure and sale. - It is recommended that the amending zoning by -law to permit the townhouses not be brought forward until Council has passed a bylaw to close the portion of the laneway abutting the applicant's lands, and the applicant has fulfilled the conditions set out in this report. The Zoning by -law amendment application can be supported in principle for the following reasons: - It complies with the Official Plan policies regarding the location of townhouse developments in residential areas; and - Provided the setback from the southerly lot line is increased to 6 m. (19.6 ft) the development will be suitable for this neighbourhood with respect to density and site design. Passage of the amending bylaw should not occur until the applicant has complied with the conditions as set out in this report. Recommendation: It is recommended that Council approve the Zoning By -law amendment application to permit a 4 unit on- street townhouse development on the property subject to the following conditions: a) Acquisition by the applicant of a 4.57 m. by 21.34 m. (15 ft by 70 ft) portion of the City owned laneway located east of the subject property and; - 5 - September 11, 2006 Council Minutes b) Implementation of the development standards as discussed in this report. Mayor Salci advised that failure to make an oral or written submission at this Public Meeting could result in the Ontario Municipal Board dismissin g any referral it receives if the Y party has not made an oral or written submission at the Public Meeting. Ivan Iseppon, spoke on behalf of his mother, who lives at 4090. Martin Avenue. Mr. Iseppon inquired as to who would be responsible for the lane if it was sold and how would the matter be resolved if only some abutting property owners wished to buy the lane. Tim Parker, Ripley's Entertainment, indicated that they are looking for an a zoning by -law amendment to permit the development of a 3- storey, 4 -unit on- street townhouse dwelling unit. He believes that the development will help improve the area. Mr. Parker indicated that they felt there was no point oin through the process of the lane closure g g g and possible purchase if Council was not agreeable to the re -zonin g application. lication. ORDERED on the motion of Alderman Volpatti, seconded b Alderman Campbell p Y p that the report be approved as recommended. Motion Carried with Alderman Morocco and Wing opposed. PD- 2006 -76 - Chief Administrative Officer - Zoning By -law Amendment Application AM- 24/2006, 6005, 6015 and 6027 Drummond Road, Applicant: Vijay Kapur, ur, A ent: JY p Agent: Christelli, Five (5) Proposed Cottage Rental Dwellings The report recommends that Council approve the subject Zoning By -law amendment application in part, permitting a maximum of one cottage rental dwelling in each of the three dwellings, and limiting each dwelling to a maximum of 10 occupants; and that passage of the amending by -law not occur until the applicant removes the recreational vehicles from the property known as 6027 Drummond Road, and occupancy issues raised by Fire Services in the attached memo are addressed. The Clerk advised that a public meeting was now being convened to consider an amendment to the City's Zoning By -law Amendment Application to consider Five (5) Proposed Cottage Rental Dwellings, 6005, 6015 and 6027 Drummond Road. He advised that Notice was given by First Class mail in accordance with the Planning Act on Friday, Y, August 11, 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 p p the site plan process, if applicable, shall leave their names on the sign -in sheet outside of Council Chambers. The Director of Planning and Development reviewed the recommendations and provided the following information. Background Proposal The applicant has requested an amendment for 3 residential properties. The properties known as 6015 and 6027 Drummond Road are currently being used as duplex dwellings (two residential units each) while 6005 Drummond Rd is currently being used as a single detached dwelling. The applicant proposes to use all five dwelling units on these properties as cottage rental dwellings. (Rented to tourists for accommodation on a daily or weekly basis) Cottage Rental Dwelling Study A study on cottage rental dwellings was completed earlier this year. The focus of the study was to ensure that the development of this use did not alter the residential character of the dwellings and the neighbourhoods they were locating in and that neighbours were not impacted by noise or disruptive behaviour emanating from such dwellings. - 6 - September 11, 2006 Council Minutes This study indicated that the City's current practices were appropriate for dealing with cottage rental dwellings: Official Plan - Council reviews cottage rental dwellings on a site by site basis through Zoning By- law amendments to ensure that cottages will be in keeping with the residential character of the neighbourhood. - The study indicated that cottage rental dwellings should be restricted to single detached dwellings as is the typical practice in other municipalities surveyed. Permitting cottage rental dwellings in duplex or other multiple dwellings is not desirable There is less control over the extent of the use and a concentration of such multiple units may start to take on characteristics of a more substantial tourist use than what the Official Plan contemplates for residential areas. The property is designated Residential in the Official Plan. Residential dwellings are intended to be the predominant use. However, ancillary uses such as cottage rental dwellings may be permitted provided they are compatible with the residential environment. Locating more than three cottage rental dwellings, either in the duplex units on the lands or on abutting properties is not supported by staff. The Official Plan does not contemplate such a concentration of ancillary uses as they will be incompatible with surrounding residential uses. In staffs opinion, area residents should not be impacted by reducing the concentration of cottage rental dwelling units to a maximum of three for the following reasons: - The subject dwellings are located on an arterial road and very close to a tourist district (Lundy's Lane satellite district). Guests would have easy access to tourist areas and major roads. - Minor concentrations of 2 cottage rental dwellings side by side have been approved elsewhere in the City without an apparent impact on the surrounding residential neighbourhood. Approval of no more than 3 cottage rental dwellings in this location is a modest increase in the concentration of these uses which should not impact the surrounding neighbourhood. - The residential character of the dwellings are proposed to be maintained and no new parking areas added. - Existing surplus parking areas should be replaced with landscaping. Should Council agree with staff's recommended change, the two duplex dwellings would need to be converted into single detached dwellings. To further ensure that these dwellings are used in a manner compatible with surrounding developments, a maximum occupancy of 10 persons per cottage (similar to a recent cap established for other cottage rental dwellings in the City) should be established. - 7 - September 11, 2006 Council Minutes Through the processing of this application, staff noted that recreational vehicles apparently associated with a business are being stored on 6027 Drummond Road. To ensure the residential character of the neighbourhood is protected, staff recommend that these vehicles be removed from the premises prior to the passage of the amending bylaw. Zoning The lands are currently zoned Transition Residential Multiple (TRM). The lands are requested to be rezoned to a site specific Residential Single Family and Two Family (R2) zone to permit the five dwelling units on the lands to be used as cottage rental dwellings. The requested site specific R2 zone would be appropriate is staff were able to recommend the establishment of cottage rental dwellings in duplex dwellings. As staff is recommending that cottage rental dwellings be limited to single detached dwellings, it is more appropriate to rezone the lands a site specific R1 E zone. The site specific provisions will permit one cottage rental dwelling in each of the dwellings. Further site specific zoning provisions are also recommended to ensure the properties are maintained in a manner compatible with the surrounding residential properties: - Reduce the parking area constructed at 6027 Drummond Rd. A large parking area (approx. 18 m. (60 ft) wide) has been established in the exterior side yard which fronts onto Barker St. This parking area is well in excess of the parking needs for the dwelling and is out of character with other single detached dwellings on this g street. This parking area should be reduced to no more than 6 m. (20 ft) wide, enough to park 2 vehicles. - Prohibit the parking or storage of recreational vehicles on the ro ert to ensure p p Y these vehicles are kept off the property Fire Services has raised a number of matters with the existing occupancy of the dwellings which should be resolved to their satisfaction prior to an amending bylaw being p assed to permit the cottage rental dwellings. Conclusion The application cannot be supported as presented. However, provided the duplex p dwellings are converted back to single detached dwellings and a maximum of one cottage g rental dwelling is permitted in each of the dwellings, an amendment to permit three cottage rental dwellings can be supported. To further preserve the residential character of the neighbourhood, storage of recreational g vehicles on the properties should not be permitted. Recommendation: It is recommended that Council approve the subject Zoning By -Iaw amendment application in part, permitting a maximum of one cottage rental dwelling in each of the three dwellings, and limiting each dwelling to a maximum of 10 occupants and that passage of the p g amending by -law not occur until the applicant removes the recreational vehicles from the property known as 6027 Drummond Road, and occupancy issues raised by Fire Services are addressed. 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 itr receives g y ece�ves if the party has not made an oral or written submission at the Public Meeting. g - 8 - September 11, 2006 Council Minutes Arnold Warden, 6262 Ker Street, expressed some concerns that he had with the proposed cottage rental dwellings, the types of people the places would be entertaining and also if someone would be on the property to police it. He was advised that the Cottage g rental dwellings are very similar to bed and breakfast establishments, it would be mostly for tourists. Risto Liipere, 6185 Barker Street, expressed felt that there was inadequate parking and traffic movement on the site. He also felt that the property needed clean up. Mr. Liipere questioned the health club -type of facility on one of the properties. Bishop Donald Mullan, 6190 Barker Street, advised that his only concern would be the increased traffic congestion in the area. Chris Cristelli, agent for the applicant, advised that his client would wish to rezone the property to R2 site specific zoning. He indicated that there would be no construction changes to the properties, that the applicant was actually proposing an occupancy less than the 10 occupants per dwelling proposed by staff, that the RV's had been removed and that the spa on the one property was permitted. Mr. Cristelli also explained that there are more vehicles now on the property because of the rental nature of the property. Vijay Kapur, the property owner, indicated that the properties would be rented by members, similar to a time share, on a daily or weekly basis. He indicated that he would comply with all fire regulations, as requested. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell that the Council approve R2 site specific zoning to allow 5 cottage dwelling units, with a maximum of 20 people; and that passage of the amending by -law not occur until the applicant removes the recreational vehicles from the property known as 6027 Drummond Road, and occupancy issues raised by Fire Services are addressed. Motion Carried with Alderman loannoni and Morocco opposed. MAYOR'S REPORTS, ANNOUNCEMENT Mayor Salci expressed congratulations to Alderman Diodati and his wife Yvonne on the birth of their son, James Maxim Charles, who was born on September 7 Mayor Salci advised of some recent events: the Empire Park rededication, the 5- levels Canada Pageant, the 1S year anniversary of the MacBain Community Centre, the 4 Annual Plein Air Painting Competition and the Falls Farmers Market, September Special Event. Mayor Salci the City's Week of Prayer, September 24 to October 1st. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodatti that the entire public be invited to a one -year anniversary for the MacBain Community Centre. Carried Unanimously COMMUNICATION AND COMMENTS OF THE CITY CLERK 1. The Royal Canadian Legion - request that September 17 -23 be proclaimed as "Legion Week" and that permission be granted for a Legion Flag raising ceremony on Monday, September 18t in honor of Legion Week. RECOMMENDATION: For the Approval of Council September 11, 2006 Council Minutes ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell that the communication be approved. Carried Unanimously 2. The Canadian Union of Public Employee (CUPS)- request that Wednesday, October 25 2006 be proclaimed as "Child Care Worker & Early Childhood Educator Appreciation Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti that the recommendation be approved. RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati that the actions taken in Community Services, on September 11, 2006 be approved. Carried Unanimously with Alderman Morocco indicating a conflict with item #4. 1) That the minutes of the August 21, 2006 meeting be approved. 2) That report F- 2006 -47 be received for Council's information 3) That the sign variance for the Niagara Falls Optimist Club be deferred and that all correspondence and information regarding the application be provided in a report to Council. 4) That the sign variance for the Niagara Falls Tourism Pyramid Place be approved. 5) That the parking be restricted on the south side of High Street. 6) That the parking restrictions on Fourth Avenue as outlined in report MW-2006-98 be approved. 7) That a stop sign be installed on the north approach of Pinestone Road at Stonehaven Avenue. 8) That the 2006 Pavement Management Summary be considered for the 2007 budget. 9) That Council receive the recommendation from the Municipal Heritage Committee and that staff report back on the adaptive re -use of the building, including financial implications. 10) That the proposal from JDS Delcor be referred to staff and a report be brought to Council in two weeks. - 10 - September 11, 2006 Council Minutes 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 Diodati requested that CAO- 2006 -04 be voted on separately. ORDERED on the motion of Alderman Kerrio, seconded by Alderman loannoni that the report PD- 2006 -62, "Charting the Course for 2031" The City's Official Plan Review be deferred as per the request of Ed Lustig, Broderick & Partners. Carried Unanimously CD- 2006 -13 - 2006 Municipal Election Matters. It is recommended that Council pass three separate by -laws Advance Polls, Vote Tabulators and Election materials appearing on this evening's agenda and that the information regarding the Clerk's "Municipal Elections General Policies & Procedures" be received. F- 2006 -46 - Hydro One ARB Assessment Appeal. It is recommended for the information of Council. F- 2006 -49 - Municipal Accounts. It is recommended that Council approve the municipal accounts totaling $ 23,199,844.39 for the period August 2, 2006 to August 29, 2006. PD- 2006 -72 - Sidewalk Cafe Licence Agreement with the City, SWC- 08/2006, Golden Steer Steak House 5077 Centre Street. It is recommended that the City enter into and execute a Sidewalk Cafe Licence Agreement with George Petrakis, Louis Petrakis and Stella Petrakis to permit the operation of a sidewalk cafe over a portion of City sidewalk in front of Golden Steer Steak House located at 5077 Centre Street. PD- 2006 -74 - Sidewalk Cafe Licence Agreement with the City SWC - 07/2006, Sports Beat Bar & Grill 5257 Victoria Avenue. It is recommended that the City enter into and execute a Sidewalk Cafe Licence Agreement with Tony Novacic and Anna Novacic c.o.b as Sports Beat Bar & Grill and William Stevens and Maria Stevens to permit the operation of a sidewalk cafe over a portion of City sidewalk in front of Sports Beat Bar & Grill located at 5257 Victoria Avenue. PD- 2006 -75 - Sidewalk Cafe Licence Agreementwith the City SWC - 03/2006, The Love Boar Steak & Seafood Restaurant 5845 Victoria Avenue. It is recommended that the City enter into and execute a Sidewalk Cafe Licence Agreement with LaParmigiana Restaurant Ltd. c.o.b as The Love Boat Steak & Seafood Restaurant to permit the operation of a sidewalk cafe over a portion of City sidewalk in front of The Love Boat Steak & Seafood Restaurant located at 5845 Victoria Avenue. PD- 2006 -78 - Sidewalk Cafe Licence Agreement with the City SWC - 04/2006, The North Daily Planet Tap & Eatery 4573 Queen Street. It is recommended that the City enter into and execute a Sidewalk Cafe Licence Agreement with Joe Mrkalj and Mike Mrkalj to permit the operation of a sidewalk cafe over a portion of City sidewalk in front of The North Daily Planet Tap & Eatery located at 4573 Queen Street. MW- 2006 -102 - Downtown Eastern Gateway - Environmental Assessment Consultant Selection. It is recommended that Totten Sims Hubicki be hired to complete an Environmental Assessment for the eastern gateway identifying the preferred road - 11 - September 11, 2006 Council Minutes alignment that will meet technical criteria, as well as taking into consideration the goals and objectives of the Downtown Community Improvement Plan and the Strategic Implementation Plan; an that the Mayor and Clerk be authorized to execute the necessary agreements. MW- 2006 -103 - Warren Creek Watershed Plan Implementation - Municipal Class EA. It is recommended that the City of Niagara. Falls complete the implementation of the Warren Creek Watershed Plan in accordance with the provisions of the Municipal Class EA (Phases 3 -5 inclusive), that the City amend the engineering agreement with Upper Canada Planning & Engineering Ltd., as set out in their proposal, dated July 20, 2006, to include the expanded work plan and additional fees of $12,235 lus GST and that the City Y of Niagara Falls engage the services of Urban & Environmental Management Inc. to complete the necessary Fluvial Geomorphic Assessment, as set out in their proposal, dated August 28, 2006, at an upset limit fee of $23,400 plus GST. MW- 2006 -104 - Tender 2006 - 178 -06 - Lundy's Lane Installation of Water Services by Boring. It is recommended that the unit prices submitted by the low tenderer, Condotta Construction Limited be accepted. MW- 2006 -105 - Tender 2006- 171 -06 - Barker Street, Hiram Street Watermain Replacement. It is recommended that the unit prices submitted by the low tenderer, Alfidome Construction Limited, be accepted. MW -2006 -106 - Tender 2006- 151 -05 - Bridges & Culverts Minor Repairs Guide Rails & Erosion Control. It is recommended that the unit prices submitted by the low tenderer, Peninsula Construction Inc., be accepted. ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti that the report on the consent agenda be approved. Motion Carried with Alderman Wing declaring a conflict on report MW -2006 -102. CAO- 2006 -04 - Economic Growth Strategy: Opportunities for Inter - Municipal Cooperation in Niagara. It is recommended that the attached report ( Appendix A) be received for information. ORDERED on the motion of Alderman Diodati, seconded by Alderman Volpatti that staff follow up with GO Train and Greyhound regarding recent articles about bringing their g g respective services to Niagara. Carried Unanimously ORDERED on the motion of Alderman Diodati, seconded by Alderman Morocco that report CAO- 2006 -04 be approved with the proviso that under the Transportation heading, the final bullet, "Niagara linkages to rapid transit across the Province ", be more explicit to reflect efforts to get GO Transit into Niagara. Carried Unanimously RESOLUTIONS MW- 2006 -107 - Canada Ontario Municipal Rural Infrastructure Fund (COMRIF) Application for Funding Resolution - Weightman Bridge. It is recommended that the attached resolution be adopted. NO. 10 - PIETRANGELO - MOROCCO - That the Weightman Bridge Deck Replacement g p is the highest infrastructure renewal priority within the City of Niagara Falls. Carried Unanimously - 12 -. September 11, 2006 Council Minutes BY -LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati that the by -laws be given a first reading. 2006 -164 2006 -165 A by -law to establish Parts 1, 2 and 3 on Reference Plan 59R -13122 as a public highway, to be known as and to form part of Churchill Street. 2006 -166 2006 -167 2006 -168 2006 -169 2006 -171 2006 -172 2006 -173 2006 -174 2006 -175 2006 -176 2006 -177 A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with 1083278 Ontario Limited, respecting the licencing of a Sidewalk Cafe over a portion of City sidewalk in front of The Daily Planet located at 4573 Queen Street. A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with Tony Novacic and Anna Novacic c.o.b. as Sports Beat Bar & Grill and William Stevens and Maria Stevens, respecting the licencing of a Sidewalk Cafe over a portion of city sidewalk in front of Sport Beat Bar & Grill located at 5259 Victoria Avenue. A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with La Parmigiana Restaurant Ltd. c.o.b. as The Love Boat Steak & Seafood Restaurant, respecting the licencing of a Sidewalk Cafe over a portion of City sidewalk in front of The Love Boat Steak & Seafood Restaurant located at 5845 Victoria Avenue. A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with Louis Petrakis, George Petrakis and Stella Petrakis, respecting the licencing of a Sidewalk Cafe over a portion of City sidewalk in front of Golden Steer Steak House located at 5077 Centre Street. A by -law to amend by -law 89 -2000, being a by -law to regulate parking and traffic on City Roads. ( Stop Signs, Heavy Vehicle Restriction - Ascot Circle, Houck Drive, Rosedale, Ontario and Palmer Avenue) 2006 -170 A by -law to provide for advance voting prior to voting day for the 2006 Municipal Election. A by -law to set fees and charges for additional election materials. A by -law to authorize the use of optical scanning vote tabulators at the regularly scheduled 2006 Municipal Elections. A by -law to authorize the execution of an Agreement with The Niagara Parks Commission respecting the hosting of the FireFit Championships competition in Niagara Falls on September 14 to 17, 2006. A by -law to authorize the payment of $23,199,844.39 for General Purposes. A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Heavy Vehicle Restriction, Ontario Avenue /Palmer Avenue) A by -law to declare Glenview Park surplus. A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 11 day of September, 2006. - 13 - September 11, 2006 Council Minutes ORDERED on the motion of Alderman Pietrangelo, seconded byAlderman Morocco that the by -laws be read a second and third time and passed. Motion Carried with Alderman Wing declaring a conflict with by -law 2006 -173 related to the Niagara Parks Commission. Robert F. Keighan Park NEW BUSINESS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti to allow Tammy Ferguson and Carol Dionne to speak. Carried Unanimously ORDERED on the motion of Alderman loannoni, seconded by Alderman Diodati that a maximum of $10,000 in matching funds be allocated to create an ice rink surface at Keighan Park and that staff investigate donations in kind. Carried Unanimously "Places to Grow" - Provincial 2006 Report ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati that the City petition the Provincial Government to identify Niagara Falls as an urban growth centre in the Province's "Places to Grow" document. ORDERED on the motion of Alderman loannoni, seconded by Alderman Morocco that the meeting be adjourned at 10:15 p.m. Carried Unanimously R.T. (TED SALCI, MAYOR