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2007/06/11Council met on Monday, June 11, 2007 at 6:30 p.m. in an In Camera Session. All members of Council were present with Councillors Diodati and Pietrangelo absent. Councillor Fisher presided as Chairman. Following consideration of the items presented, the In Camera Session did rise and report in open session. FOURTEENTH MEETING IN CAMERA MEETING DEAN IORF A, �D I TY CLERK R.T. (TED) SALCI, MAYOR REGULAR COUNCIL MEETING Council met on Monday, June 11, 2007 at 7:00 p.m. for the purpose of considering Regulars Business matters. All members of Council were present with Councillor Diodati absent. Councillor Pietrangelo offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the minutes of May 28, 2007 be approved as printed. DISCLOSURES OF PECUNIARY INTEREST Committee Room 2 June 11, 2007 Council Chambers June 11, 2007 Carried Unanimously Councillor Wing indicated a conflict of interest to communication Niagara Parks Commission fireworks and disclosure of pecuniary interest to cheque 310816 and 3110813 payable to the Niagara Parks Commission, two of her family members are employed there. Councillor loannoni indicated a pecuniary interest to cheque 310929 and 310637 payable to herself and her spouse. Councillor Thomson indicated a conflict of interest to Zoning By -law Amendment application AM- 07/2007 Pinestone Road. Councillor Maves indicated a conflict of interest to Zoning By -law Amendment application AM- 07/2007 Pinestone Road. Mayor Salci indicated a pecuniary interest to cheque 311107 payable to himself. Mayor's Youth Advisory Committee Volunteer of the Year "Senior's Month" Proposed Application Planning Analysis Official Plan Zoning Conclusion 2 June 11, 2007 Council Minutes DEPUTATIONS/ PRESENTATIONS Emily Gadula and Monica Blaylock, co- chairs of The Mayor's Youth Advisory Committee updated Council on their over the recent school year. Mayor Salci recognized a number of MYAC Committee members for their accomplishments in the community. ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that staff investigate the financial ramifications of a reduced student rate on Niagara Transit buses. Carried Unanimously Hanya Goforth, Seniors Coordinator of the Coronation Centre updated Council on the various events surrounding Seniors Month. Mayor Salci presented Barb Weswater with a certificate from Honourable James Bartleman, Lieutant Governor for "Volunteer of the Year", along with a certificate from MPP Kim Craitor and the City of Niagara Falls. PLANNING MATTERS PD- 2007 -32- Chief Administrative Officer Zoning By -law Amendment AM- 07/2007, 6306 to 6378 Pinestone Road and 6339 to 6397 Pinestone Road; Applicant: Walker Community Development Corporation; Proposed On-Street Townhouse Dwellings Applicant is proposing to build 19 on street townhouse dwellings on 1 ha (2.6 ac) of land. Subject lands are zoned Residential Single family. A multiple family residential zone is proposed. Designated Residential The proposed development conforms with the OP as follows: Development conforms with overall density provisions for Neighbourhoods of St. David's community. Existing panoramic views enjoyed by homes to the south of the proposed townhouses will not be impacted. The townhouses are compatible with the surrounding mix of housing. Zoned Residential Single Family Proposed zoning is the same as the other townhouse zoning in the neighbourhood. Zoning Features: Permits neo traditional townhouse designs with reduced front yard setbacks. Large floor areas reflecting the larger single detached dwellings in the area. Larger frontages, lot size and rear yards than typical on street townhouse dwellings. The application can be supported for the following reasons: The proposed change of land use conforms to the residential policies of the Official Plan that apply to the area. The townhouses will be compatible with the surrounding Neighbourhoods of St. June 11, 2007 Council Minutes David's development. Substantial setbacks will be provided from the larger single detached dwellings to the south. The dwellings will provide additional housing choices for residents wishing to live in this area. Recommendation That Council approve the Zoning Bylaw amendment application to permit the construction of 19 on street townhouse dwelling units instead of 12 single detached dwellings. Ceri Hugill of 6304 Stonefield Road was present in opposition to the application. Mr. Hugill was of the opinion that there was no compelling reason to change the original zoning approval, other than the developer wants it. The proposed development will change the mix of housing in the subdivision. Presently there are many concerns of parking for the present townhouses and this development will further add to the parking issues. Mr. Hugill believed there was provision for two visitor parking lots. He suggested that Council defer the zoning amendment until the parking concerns are resolved and further suggests creating an area for visitor parking. The Director of Planning Development clarified that the original proposal was to have a commercial component and that parking was in relation to the commercial amenities and not visitor parking. John Grant of 6289 Pinestone Road presented Council with a petition circulated by the community opposed to the application. Mr. Grant expressed that the current site plan is approved for single family homes and there is no reason to change the existing plan except for the developer's best interest. Snow removal has been an ongoing concern and the new 9 landlock units will push snow directly onto Pinestone Road. Andrea Jovanovic of 6447 January Drive on behalf of her family, felt that the developer should provide accurate sight line elevations. Her family was concerned that their panoramic view would be impeded, especially if the height is 13 metres for the units. Kit Thomson of 6425 January Drive also had concerns regarding the elevation and sightlines. She also questioned the possibility of erosion to the embankment. Kerry Clark, for Walker Community Development, was present at the meeting. Mr. Clark advised Council that they were working with staff to resolve the elevation issues and have provided a profile plan. All the units derived from the block 49 to the southeast have the roof design lowered and the sightlines were kept in mind. Other units have height under 10 metres. Lots 12 to 15 have ground elevation closer to Caliguiro Estates. The provision of parking for the new units, include 2 cars in a garage and up to four cars in a driveway, therefore, there should be no impact on existing parking. He remarked that only one resident had ever expressed concerns regarding lack of access to backyards. Mr. Clark indicated that he did not have the authority to commit to the provision a visitor parking lot The public meeting was closed. ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that the report be deferred. Carried Unanimously with Councillors Thomson and Mayes declaring conflicts. Councillor loannoni left the meeting at 8:35 p.m. 4 June 11, 2007 Council Minutes PD- 2007 -33- Chief Administrative Officer Zoning By -law Amendment AM- 13/2007, 7209 Drummond Road; Applicant: Pioneer Petroleums; Agent: James Webb, Webb Planning Consultants Inc.; Gas Bar and Convenience Store Proposed Application The applicant is proposing to replace the existing automobile service station with a gasoline bar and retail (convenience) store. The land is currently zoned General Commercial which does not permit a gasoline bar. I. The applicant is requesting a site specific Automobile Service Station and Gasoline Bar (AS) zoning to permit the gasoline bar and retail store. Planning Analysis Official Plan Designated Minor Commercial. OP directs gasoline bars and automobile service stations to arterial roads within commercially designated areas. The site is located at the intersection of McLeod Drummond Rds. The proposed redevelopment of the site represents a substantial improvement over current site conditions. Ingress /egress to the site will be improved through the installation of proper curbing. Landscaping will be added where none currently exists. On site traffic circulation will be improved and a proper parking area will be provided for the convenience store reducing any off site traffic impacts that may have occurred in the past. Zoning Zoned General Commercial which does not permit a gasoline bar A site specific AS zone has been requested to accommodate the retail store. Convenience stores have become a common accessory to gasoline bars in recent years. The store will be located in the north west corner of the site, freeing up the rest of the site for better traffic circulation, parking and landscaping. The amending bylaw will need to include site specific zoning provisions to permit the proposed redevelopment. Conclusion The requested zoning bylaw to permit the replacement of the existing service station with a new gasoline bar and convenience store can be supported for the following reasons: It meets the Official Plan criteria with respect to gasoline bar developments. The appearance of the site and adjacent streetscapes will be significantly improved with the new buildings and structures and the introduction of landscaping, and on site traffic circulation will be improved. Recommendation That Council approve the Zoning Bylaw amendment to permit a new gasoline bar and convenience store to be constructed on the property. There was no one in the gallery who indicated an interest in the matter. Mr. James Webb, Webb Planning Consultants indicated that this was a comprehensive redevelopment of the site. The development would be more in keeping with modern gas station/ convenience store models and that a state of the art storage tank system would be put in place. The public meeting was closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Mayes that the report be approved as recommended. Councillor loannoni returned at 8:50 p.m. PD- 2007 -34- Chief Administrative Officer Zoning By -law Amendment AM-08/2007, 6911 and 6921 Barker Street and 6019 Dorchester Road; Applicant: Brian Sinclair; Agent: Allan Heywood, Matthews, Cameron, Heywood Surveying; To recognize an Existing Apartment Dwelling and Permit Expansion of its Parking Lot Proposed Application A legal non conforming 12 unit apartment building is located on 6911 6921 Barker St. while a single detached dwelling is located on the front portion of 6019 Dorchester Rd. The applicant is proposing to sever off the rear portion of 6019 Dorchester Rd. and merge this parcel with 6911 6921 Barker St. in order to provide additional parking for the apartment dwelling. Applicant is requesting a site specific Residential Apartment 5A density zone to recognize the apartment building and allow the rear portion of 6019 Dorchester Rd. to be used for parking. The rear portion of 6019 Dorchester Rd is intended to be merged with the apartment lands through a future consent application. Planning Analysis Official Plan 5 June 11, 2007 Council Minutes Carried Unanimously Designated Residential Apartment buildings are permitted where sites have convenient access to arterial roads and are located in close proximity to neighbourhood commercial areas. The apartment building has existed for a considerable period of time. The apartment building is at a scale that is compatible with the surrounding dwellings. Removing the parking from the corner of Dorchester Rd and Barker St. and replacing it with landscaping will improve the apartment's compatibility with the surrounding single detached dwellings. Site has frontage on an arterial road (Dorchester Rd) and is close to commercial areas along Lundy's Lane. Zoning Zoned Residential Single Family Applicant has requested that the lands be rezoned to a site specific R5A zone. In order to recognize the existing building location, lot size and parking arrangement site specific zoning provisions will need to be included in the amending bylaw. A 12 unit apartment building would typically require the provision of 16 parking spaces. The site plan provides for 12 spaces. This is an improvement to the 11 spaces currently being provided. Site Plan Control is necessary to ensure impacts of the proposed parking lot are mitigated. Conclusion 1. The requested Zoning Bylaw amendment can be supported as it places the existing apartment building under an appropriate multiple family zoning category, improves the provision of parking and eliminates an unsafe driveway condition at the intersection of Dorchester Rd. and Barker St. Recommendation 1. That Council approve the Zoning Bylaw amendment application to recognize the existing apartment building at 6911 and 6921 Barker St. and to permit the rear portion of 6019 Dorchester Rd. to be used for additional parking. 2. That the lands be subject to site plan control in order to address such matters as screening, grading and drainage of the parking area, garbage storage and landscaping for the apartment building. Jeanine Strecker of 6009 Dorchester was present at the meeting. As the adjacent property owner she requested that an eight feet, board on board privacy fence be erected, that trees be planted to provide a buffer and that the dumpster not be moved closer to her property. Other concerns include drainage and snow removal. Brian Sinclair was present. Mr. Sinclair advised Mrs. Strecker that she would be involved in the site plan process and the concerns raised tonight will be addressed at that time. Mr. Sinclair advised Council that a future application for Condominium on the property will be forthcoming. The public meeting was closed. ORDERED on the motion of Councillor Fisher, seconded by Councillor Kerrio that the report be approved as recommended. Carried Unanimously Proposed Application Planning Analysis Official Plan Zoning 6 June 11, 2007 Council Minutes To ensure adjacent residents are not adversely impacted by the new parking lot, various matters need to be addressed by way of site plan control. PD- 2007 -41- Chief Administrative Officer Zoning By -law Amendment AM- 10/2007, 4077 Hickson Street; Applicant: Ben Pilon; Recognition of an Existing Triplex Applicant is requesting that the zoning of the property be changed to a site specific Residential Mixed R3 zone to recognize the existing dwelling as a triplex and to permit the proposed parking arrangement. Designated Residential Multiple unit dwellings are permitted within this designation where they are compatible with the surrounding neighbourhood. The proposed triplex development conforms with the purpose and intent of the OP as follows: The dwelling was originally constructed as a duplex and has been used as a triplex for an unknown period of time. A degree of harmony exists between the dwelling and surrounding residential properties and no building expansion is proposed. The dwelling has only 3 units, which can be supported by the surrounding infrastructure and will not adversely impact the neighbourhood. Sufficient parking will be provided on site. Zoned Residential Single Family and Two Family. Applicant has requested a site specific R3 zone to permit the existing triplex. This zoning will recognize the current lot size and the setbacks of the dwelling and garage. 7 June 11, 2007 Council Minutes The existing garage encroaches approx. 20 cm (8 in) onto an unopened City laneway. Preferably, this garage should be removed and replaced with surface parking entirely on the property. However, an encroachment agreement can be executed prior to passage of the zoning bylaw to permit the encroachment as per current city practice. The current parking arrangement is not appropriate. A site inspection revealed that the only parking available on the site was within a detached garage, however, the garage was being used for storage. Residents were forced to park on Leader Lane The applicant proposes to rectify the parking arrangement by making the garage available for parking and adding 2 additional surface spaces. Conclusion 1. The existing triplex has existed for some time in general harmony with surrounding land uses. Subject to the provision of adequate on site parking, the proposed rezoning can be supported. 2. Prior to the execution of the amending bylaw, an encroachment agreement for the garage encroachment is to be executed. Recommendation 1. That Council approve the Zoning Bylaw amendment application to recognize the existing triplex on 4077 Hickson St. 2. That prior to the passage of the amending bylaw, an encroachment agreement shall be executed with the City to recognize a portion of a detached garage which is located on an unopened City laneway, and the Mayor and Clerk be authorized to execute this agreement. Ben Pilon, the applicant was present at the meeting. He noted the history of the property and indicated that he had renovated a number of properties in the vicinity of the Great Wolf Lodge. There was no one in the gallery who indicated an interest in the matter. As a result, the public meeting was closed. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the report be approved as recommended. Carried Unanimously PD- 2007 -36- Chief Administrative Officer 26T -11- 2006 -03, Fernwood Phase 2 Draft Plan of Subdivision; Lundy's Lane (North Side), West of Garner Road; Owner: 800460 Ontario Limited It is recommended that Council consider input received at the Public Meeting and refer all matters to staff for review of the Fernwood Phase 2 Draft Plan of Subdivision. Peter Van Kleef of 9387 Lundy's Lane was present and questioned whether it was compatible to have a subdivision adjacent to his campground. Jean Grandoni of 4810 Garner Road was present requesting permission to go on site to confirm the location of the stakes for the future homeowner lot lines adjacent to the forest and the location of the survey stakes for the forest dripline. Sean Galbraith of Stikeman Elliot, LLP solicitor for Redpath Sugars. His clients have concerns of the impact of noise and vibration. Redpath Sugars would like the calculations done for Phase 1 extended to Phase 2 of the development. Rick Brady was present on behalf of the developers. Mr. Brady advised Mr. Van Kleef that the campground will be protected by a berm and sound attenuation fence, therefore, the buffering between the development and the campground is greater than between the KAO campground and Orchard Grove. In the later case, there have been no incompatibility concerns. There will be a 95 metre separation between the campground -8- June 11,2007 Council Minutes and the stormwater management pond. With respect to the density of development it is in conformity with the Ontario Municipal Board (OMB) and Regional Planning. In response to Ms. Grandoni's request this was dealt with at the OMB and the woodiot issues were resolved with the Region's biologist signing off. Also, the woodiot does not touch Phase 2. The fencing proposed will demark the drip line, therefore, there is no need for Ms. Grandoni to go on site. Mr. Brady explained that the studies regarding the noise and vibration were for Phase 1 only. The area in question is quite a distance from Redpath Sugars nonetheless, they will have their noise consultant look into the matter. The public meeting was closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the input received from the public meeting be referred to staff for review. Carried Unanimously MISCELLANEOUS PLANNING MATTERS PD- 2007 -42 AM-40 /2006, Zoning By -law Amendment Application; 4025 Dorchester Road (Monroe Plaza); Applicant Curtis Gail Developments; Agent Michael Allen; Response to Council's Enquiries Respecting the Approval of a Zoning By -law Amendment Application It is recommended that Council approve the setbacks as per the amending by -law. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the report be approved as recommended. Carried with Councillor Wing opposed. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Wing that staff report back on the possibility of restricting hours of operation for drive thrus. Carried Unanimously PD- 2007 -35 Application for a Commercial Building and Facade Improvement Grant CB &FIG 0112007; and a Revitalization Grant RGP- 01/2007 within the Historic Drummondville CIP Patterson Funeral Home It is recommended that City Council approve the application for a Commercial Building and Facade Improvement Grant in the amount of $25,000.00 subject to meeting the program requirements including the entering into an agreement with the City; That City Council approve the application for a Revitalization Grant subject to meeting the program requirements including the entering into an agreement with the City; and That the Mayor and Clerk be authorized to execute the grant agreements as attached to this report as Appendices III and IV. ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that the report be approved as recommended. Carried Unanimously PD- 2007 -37 PLC- 02/2007, Request for Removal of Part Lot Control, Blocks 274 275 and Lots 214, 215 216, Registered Plan 59M -354 Milomir Street (South Side) Mary Drive (East Side), Deerfield Estates; Owner: River Realty Development (1976) Inc. It is recommended that Council approve the request and pass the by -law included in tonight's agenda to designate Blocks 274 275 and Lots 214, 215 216, Registered Plan 59M -354, as exempt from Part Lot Control; and That the applicant be required to notify the City when the separate deeds have been registered. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the report be approved as recommended. Carried Unanimously 9 PD- 2007 -38 Sidewalk Cafe Licence Agreement with the City, SWC- 0112007, Montana's Cookhouse, 5759 Victoria Avenue It is recommended thatthe Mayor and City Clerk be authorized to execute a Sidewalk Cafe Licence Agreement, on behalf of the City, with Tony Visca to permit the operation of a sidewalk cafe over a portion of City sidewalk in front of the Montana's Cookhouse located at 5759 Victoria Avenue. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that the report be approved as recommended. MAYOR'S REPORTS. ANNOUNCEMENT June 11, 2007 Council Minutes Carried Unanimously PD- 2007 -39 Sidewalk Cafe Licence Agreement with the City, SWC- 02/2007, Antica Pizzeria Inc.; 5785 Victoria Avenue It is recommended that the Mayor and City Clerk be authorized to execute a Sidewalk Cafe Licence Agreement, on behalf of the City, with John Mascia to permit the operation of a sidewalk cafe over a portion of City sidewalk in front of Antica Pizzeria Inc., located at 5785 Victoria Avenue. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the report be approved as recommended. Carried Unanimously PD- 2007 -40 Memorandum of Understanding The Planning System in Niagara It is recommended that Council adopt the attached Memorandum of Understanding and that the Mayor and Clerk be authorized to execute the agreement on behalf of the Corporation. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the report be approved as recommended. Carried Unanimously Mayor Salci acknowledged the passing of Edna Benyo, mother -in -law of Councillor Jim Diodati; Angelina DeCaria, mother of Ron Decaria, who works at the Service Centre; Queenie Hayward, mother of Ian Hayward in our Municipal Works Department; Fred Spencer, brother of Matt Spencer, who works at the Service Centre. Council also acknowledged the passing of Ron Graham, who was one of the greatest basketball players to come out of Niagara Falls. Niagara Falls was officially been named one of Canada's Seven Wonders by CBC. The Mayor thanked all who participated. Mayor Salci reported to Council on the meeting held with Minister Caplan to discuss prevalent issues regarding the Casino, its involvement in the community and the concerns of residents. The meeting was productive. Most importantly, it was discussed the possible resolution for the 2- casino issue and the OLG's tax appeal. The following were some significant events in the City over the past couple weeks: Annual Ching Ming Festival, Sunday, June 3r a visit from Taiwanese Government on Sunday, June 3r Rural Medicine Week, June 4t Orchard- Cadham house Heritage designation, June 5 and the Russell Group Air Show, June 9th Upcoming events include the Niagara Falls Walk for A.L.S. on Saturday, June 16 at Chippawa Lions Park. 10 June 11, 2007 Council Minutes COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Ontario Federation of Anglers and Hunters Request to proclaim July 1 8 as National Fishing Week. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the communication be approved as recommended. Carried Unanimously 2. Canadian Blood Services Request to proclaim June 11 16 as National Blood Donor Week and request to raise the Canadian Blood Services flag above the City of Niagara Falls on June 14th for World Blood Donor Day. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the communication be approved as recommended. Carried Unanimously 3. Main Ferry BIA Request to approve their officers and the 2007 Budget. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that the communication be approved as recommended. Carried Unanimously 4. Niagara Parks Commission Request approval for Niagara Parks fireworks. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the communication be approved as recommended. Carried with Councillor Wing declaring a conflict. RESOLUTIONS RESOLUTION NO. 17 THOMSON IOANNONI THAT the Council of the Corporation of the City of Niagara Falls hereby requests The Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts set out below, and further, that the City confirms that it has entered into a contract for or authorized the commencement of all works herein listed. Carried Unanimously REPORTS CLERKS MATTERS CD- 2007 -13 Seasonal Business Services Licence It is recommended that Council approve the by -law to licence Seasonal Business Services, listed later in the agenda. ORDERED on the motion of Councillor Wing, seconded by Councillor Maves that the report be approved as recommended. Carried Unanimously -11 June 11, 2007 Council Minutes RATIFICATION OF "IN CAMERA" ACTIONS ORDERED on the motion of Councillor Maves, seconded by Councillor Fisher that the recommendation from the In Camera meeting, on June 11, 2007 be approved. That Council ratify the amended Collective Agreement between the Corporation of the City of Niagara Falls and the Amalgamated Transit Union and its Local 1582 from January 1, 2007 to June 30, 2008 by passing the by -law appearing on tonight's agenda; and (2) That Council apply the same wage adjustments to the Non -Union Transit Salary Schedule. Carried Unanimously CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F- 2007 -21 Low Income Seniors Property Tax and Water Rebates It is recommended for the information of City Council. F- 2002 -22 Municipal Accounts It is recommended that Council approve the municipal accounts totaling $23,266,257.18 for the period May 2, 2007 to May 29, 2007. MW- 2007 -53 McGarry Drive at Parkside Road Intersection Control Review It is recommended that an all -way stop be installed at McGarry Drive and Parkside Road. MW- 2007 -48 Centre Street By -law 89 -2000 Update It is recommended that By -law 89- 2000 regulating parking and traffic on City roads be updated to reflect the existing field conditions listed below: (1) A "No Stopping, Tow Away Zone, April 1 to September 30" be added to Schedule A of By -law 89 -2000 on the north side of Centre Street between a point 22 metres west of Victoria Avenue and a point 62 metres west of Victoria Avenue; and (2) A "No Stopping Tow Away Zone" be added to Schedule A of By -law 89 -2000, on the north side of Centre Street between a point 62 metres west of Victoria Avenue and Ellen Avenue. MW- 2007 -51 Crowland Avenue Grassy Brook Road Signing Revisions It is recommended that the regulatory signing revisions outlined in this report be approved; and all schedules in parking and traffic by -law 89 -2000 referencing the closed segments of Crowland Avenue and Grassy Brook Road be amended as necessary. MW- 2007 -57 Centre Street/Clifton Hill Victoria Avenue By -law Update It is recommended that Parking and Traffic By -law 89 -2000 be amended to remove references related to the northbound yield sign and the pedestrian crossing prohibited on the south leg of the intersection of Centre Street/Clifton Hill at Victoria Avenue. MW- 2007 -56 Tender 2007 168 =06 Bridge Street Watermain Replacement It is recommended that the unit prices submitted by the lowest tenderer Cotton Construction be accepted and; that pre approval be granted for the contract amount from the 2007 Capital Budget and; that the Mayor and City Clerk be authorized to execute the necessary agreement. -12- June 11,2007 Council Minutes MW- 2007 -58 Tender #109 -07 Delaware /Dawlish /Roger Watermain Replacement It is recommended that the City of Niagara Falls, in accordance with the City's Consultant Selection Policy, enter into a Consulting Services Agreement with Kerry T. Howe Engineering Limited for the design of a watermain replacement project on Delaware Street from Drummond Road to Main Street, on Dawlish Avenue from Culp Street to Symmes Street, and on Roger Crescent from Stanley Avenue to the Westerly Limit; that the upset limit of project is $33,197.00, excluding GST; and that the Mayor and City Clerk be authorized to execute the necessary agreement. MW- 2007 -60 Tender #2007- 184 -06 Maple Street Storm Separation Victoria Avenue to Second Avenue It is recommended that the unit prices submitted by the lowest tenderer Provincial Construction be accepted and; that approval be granted for the contract amount from the 2007 Capital Budget and; that the Mayor and City Clerk be authorized to execute the necessary agreement. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the reports on the Consent Agenda be approved as recommended. Carried with Councillors Wing and loannoni opposed to MW- 2007 -51 2007 -115 2007 -116 2007 -117 2007 -118 2007 -119 BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the by -laws be given a first reading. Carried Unanimously A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with Antica Pizzeria Inc., respecting the licencing of a Sidewalk Cafe over a portion of City sidewalk in front of Antica Pizzeria located at 5785 Victoria Avenue A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with F.R.T. Hospitality Inc., respecting the licencing of a Sidewalk Cafe over a portion of City sidewalk in front of Montana's Cookhouse located at 5759 Victoria Avenue A by -law to permanently close part of a highway (Dyson and Muir) A by -law to amend By -law No. 79 -200, being a by -law to permit the existing one family detached dwelling to be used as a cottage rental dwelling. (AM- 03/2007) A by -law to amend By -law No. 79 -200, being a by -law to permit the existing one family detached dwelling to be used as a cottage rental dwelling. (AM- 04/2007) 2007 -120 A by -law to amend By -law No. 79 -200, being a by -law to permit the expansion of a neighbourhood commercial development and to repeal By- law Nos. 90 -220 and 2005 -07. (AM-40 /2006) 2007 -121 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. (OPA No. 72) 2007 -122 A by -law to designate Blocks 274 275 and Lots 214, 215 216, Registered Plan 59M -354, not be subject to part -lot control 2007 -123 A by -law to licence seasonal business services 2007 -124 A by -law to authorize the execution of the Collective Agreement with the Amalgamated Transit Union and its Local 1582 2007 -125 A by -law to authorize the payment of $23,266,257.18 for General Purposes -13 June 11, 2007 Council Minutes 2007 -126 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 11 day of June, 2007 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the by -laws be read a second and third time and passed. Carried Unanimously Doreen Drive /CN Rail ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that staff contact CN Rail and investigate the removal of trees between the railway tracks and Doreen Drive, which act as a noise buffer. Carried Unanimously Downtown Revitalization /Drummondville CIP Grants and Loans Councillor loannoni encouraging that downtown business owners to proceed with applications for the grants and loans under the Downtown CIP. Patterson Funeral Home was recognized for being for being the first to utilize the Drummondville CIP Grants. The Director of Planning Development explained staff is waiting on studies on facade improvement guidelines for downtown in order to issue the grants. The guidelines should be available for the July Wet Macular Degeneration Office. Councillor Thomson asked that a resident's letter be forwarded to M.P.P. Craitor's New information under Municipal Act ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that staff report back on new information granting Council authority to regulate the appearance and design features of buildings. Site Plan Process ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that staff report of the pros and cons of requiring Site Plan approval prior to the passing of a Zoning Amendment by -law. Marriott Fallsview NEW BUSINESS Councillor Kerrio congratulated the Marriott Fallsview on the successful golf tournament recently held for the GNGH. The tournament raised $72,000 which adds to the $500,000 previously raised by the Marriott Fallsview. ORDERED on the motion of Councillor Thomson, seconded by Councillor Mayes that the meeting be adjourned at 10:15 p.m. Carried Unanimously DEAN 10 IDA, CITY CLERK 9 Council meeting. Carried Unanimously Carried Unanimously R.T. (TED) SALCI, MAYOR