Loading...
2007/07/23EIGHTEENTH MEETING IN CAMERA MEETING Council met on Monday, July 23, 2007 at 6:35 p.m. in an In Camera Session. All members of Council were present. Councillor Kerrio presided as Chairman. Following consideration of the items presented, the In Camera Session did rise and report in open session. ILL MATSON,ACTING CITY CLERK R.T. (TED) SALCI, MAYOR REGULAR COUNCIL MEETING BY -LAW Committee Room 2 July 23, 2007 Council Chambers July 23, 2007 Council met on Monday, July 23, 2007 at 7:15 p.m. for the purpose of considering Regulars Business matters. All members of Council were present. Councillor Kerrio offered the Opening Prayer. ORDERED on the motion of Councillor Thomson, seconded by Councillor Mayes that by -law: 2007 -147 A by -law to appoint Bill Matson to take on duties of the City Clerk in his absence be given a first reading. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that by -law 2007 -147 be read a. second and third time and passed. ADOPTION OF MINUTES Carried Unanimously Carried Unanimously ORDERED on the motion of Councillor Fisher, seconded by Councillor Kerrio that the minutes of July 9, 2007 be approved, as amended. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Thomson declared a pecuniary interest with recommendations 1, 2 and 3 on Report PD- 2007 -59 Matters Arising from the Municipal Heritage Committee, as he is a consultant for a company with an interest in the matter, and report CD- 2007 -16 Application for Compliance Audit, as it pertains to his election financial statement. 2 July 23, 2007 Council Minutes Councillor Kerrio declared a pecuniary interest with recommendations 1, 2 and 3 on Report PD- 2007 -59 Matter Arising from the Municipal Heritage Committee as he owns property next to the Marriott and changes as a result of this report could affect his property. Heritage Designation Welland Canals DEPUTATIONS/ PRESENTATIONS Regional Councillor Bruce Timms made a presentation to Council regarding a National Heritage Designation for the Welland Canals. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Wing that: 1) The City of Niagara Falls supports in principle the Designation of the Welland Canals Corridor as a National Heritage Corridor; and 2) A Heritage Corridor Plan be prepared as a collaboration among the Corridor Communities, the Niagara Region, the St. Lawrence Seaway Management Corp. The WRCC and the Federal and Provincial Governments; and 3) The City of Niagara Falls participate in a Regional Welland Canals Heritage Corridor Symposium for the purpose of collecting and consolidating a data base for all Municipal and Provincial Heritage properties or sites "Plagued" or Un- Plaqued related to the Welland Canals; and Such data base be used to fulfil the mandate of the City of Niagara Falls, the Corridor Municipalities under the new Heritage Act of 2005 to create and maintain a register of Heritage properties, landscapes and sites within each municipality and on lands under the stewardship of WRCC and St. Lawrence Seaway Management Corp; and 5) The City of Niagara Falls supports the nomination of such Heritage places by the Province of Ontario to the Canadian Historic Sites Registry. Proposed Application PLANNING MATTERS PD- 2007 -63- Chief Administrative Officer Zoning By -law Amendment AM- 12/2007, 8278 Thorold Stone Road, 4043 Kalar Road, Applicant: Anthony Vacca, Incorporation of Additional Lands to Provide Additional Parking, Office and Storage The applicant has requested amendments to the Official Plan and Zoning Bylaw for a neighbourhood commercial plaza at 8278 Thorold Stone Rd. and a single detached dwelling at 4043 Kalar Rd. The amendments are requested to use the single detached dwelling for office and storage purposes and the land surrounding it for parking purposes, all in conjunction with the neighbourhood plaza. No expansion or other changes to the plaza are proposed. Planning Analysis Official Plan Designated Good General Agriculture Carried Unanimously 3 July 23, 2007 Council Minutes The subject lands are requested to be placed under a site specific special policy to recognize the existing plaza at 8278 Thorold Stone Rd. and to allow the development of a parking area and the use of the building at 4043 Kalar Rd. in conjunction with the plaza. A minor expansion to NC zoning for the purpose of providing additional parking is considered appropriate: Zoning Does not intensify the commercial use of the property. Traffic generation will not be increased and disturbances caused by off site parking will be reduced. Will provide an opportunity to improve site conditions through the application of site plan control. Does not interfere with permitted uses under the Good General Agriculture designation. Allows for logical expansion of needed parking which can be integrated with existing facilities. The following measures have been proposed by the applicant to address potential impacts on surrounding properties: A 1.5 m. (5 ft) landscape strip along the south west property lines; Restricting the size and occupancy of the existing restaurant; Restricting the use of the former dwelling to office space and storage; and A wood screen fence installed along adjacent properties. Current zoning Neighbourhood Commercial Both properties are requested to be placed under a site specific NC zone The land use controls proposed by the applicant restricting size, occupancy and use of existing structures will need to be incorporated into the amending bylaw. Staff further recommends that the landscape buffer strip along the south property line be increased from 5 to 15 ft. Site Plan Control NC lands are subject to site plan control. The following matters will be addressed: Location of proper garbage enclosure, away from abutting landowners Provision of a closed board fence and tree planting along property lines Provision of adequate and screened lighting in the parking area; and Proper grading and drainage. Conclusion 1. The requested amendments to the Official Plan and Zoning Bylaw to permit the proposed development can be supported for the following reasons: The requested uses are in conformity with the Official Plan criteria for considering land use changes. Provided the recommended measures to mitigate impacts on the neighbouring properties are implemented in the amending bylaw and the site plan approval process, the requested ancillary office and storage uses and expansion of the parking area are considered appropriate. 2. Complaints about property standards, noise and disruptive behaviour should be directed to the appropriate authorities. Recommendation That Council approve the Official Plan and Zoning Bylaw amendment application to permit the use of the dwelling on 4043 Kalar Rd. for office and storage purposes and the land surrounding it as a parking lot, in conjunction with the neighbourhood plaza at 8278 Thorold Stone Rd. 4 July 23, 2007 Council Minutes Anthony Boncori, spoke on behalf of Joe Stracuzzi, 4055 Kalar Road, Niagara Falls, Mr. Stracuzzi is concerned that the proposed changes will negatively affect the value of his property. He expressed concerns with the proposed location of the garbage enclosure and that the need for increased landscaping. Mr. Stracuzzi requested that the house be maintained as a residential dwelling, that a noise impact study be conducted and questioned how the parking would be maintained on a gravel lot. Darlene Ingram, 4086 Kalar Road was present to express her concerns regarding safety issues arising from the proposed changes. She felt that the increased parking would increase the traffic in the area and was concerned about the children attending the school nearby. She requested that the issue be tabled until a traffic study could be completed. Cindy Gelding, 4063 Kalar Road was present to express that she felt that noise would still be a major issue and that the fencing should be increased in order to reduce the noise coming from the property. She felt that the commercial property should expand on Thorold Stone Road, not on Kalar Road. Rick Brady was present on behalf of the owner of the dwelling. The applicant is trying to improve the current parking situation on Kalar Rd by increasing parking spaces. He will work with residents to address landscaping issues and is continuing to monitor noise levels. Lines will be painted on the gravel lot to attempt to control the parking situation. The public meeting was closed. ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that Council deny the Official Plan and Zoning Bylaw amendment application to permit the use of the dwelling on 4043 Kalar Rd. for office and storage purposes and the land surrounding it as a parking lot, in conjunction with the neighbourhood plaza at 8278 Thorold Stone Rd. Proposed Application Carried Unanimously PD- 2007 -58- Chief Administrative Officer Zoning By -law Amendment AM- 17/2007, 6128 Dixon Street, Applicant: 2017480 Ontario Inc., Proposed Health Centre (Martial Arts Studio) within an Existing Commercial Building Applicant proposes to establish a health centre (Martial Arts Studio) within a portion of the existing commercial building on the site. The subject land is zoned NC. The applicant is requesting that a health centre be added to the list of permitted uses. Planning Analysis Official Plan Designation Residential Neighbourhood commercial facilities are permitted in residential areas. A small NC plaza has existed on the property for a considerable period of time. The requested amendment will add an additional use that will utilize the vacant unit in the plaza. No expansion of the building is proposed, nor is the use being intensified, therefore, no additional parking or servicing is anticipated. The use is intended to serve the local community. Zoning Current zoning is Neighbourhood Commercial. By requesting a health centre to be added to the list of permitted uses, it will permit the Martial Arts Studio as well as similar health and fitness uses. Health Centres are permitted in the City's larger commercial districts. -5- July 23, 2007 Council Minutes However, there has been a recent trend to locate small scale health centres such as martial arts clubs in facilities that serve a neighbourhood. The proposed health centre will occupy an area of approx. 100 sq. m. (1100 sq ft) well below the maximum unit size of 230 sq m. (2489 sq ft) permitted in NC centres. Therefore, the proposed health centre will be kept at a small scale appropriate for a NC centre. Conclusion 1. The requested zoning bylaw amendment to add a health centre to the list of permitted uses that apply to the NC zoning of the property can be supported for the following reasons: It complies with the Official Plan regarding neighbourhood commercial facilities. The existing building and property can easily accommodate the health centre use and is appropriate for a neighbourhood commercial centre. 2. It is recommended that the amending bylaw also include minor variance approvals to setbacks and lot frontage previously granted by the Committee of Adjustment. Recommendation That Council approve the Zoning Bylaw amendment application to add a health centre to the list of uses permitted on the property. Joe Convertini, of 6154 Dixon Street expressed concerns of an expansion to the property as parking is already a problem and outlined sewer problems in the area after the recent storm. Brian Sinclair, for the applicant, outlined the nature of karate studios. He indicated that most of the participants are dropped off, therefore, most of the vehicles are not staying. Mr. Sinclair indicated that the Neighbourhood Commercial zoning would permit a bar /restaurant and felt that a karate studio was a less intrusive use. The public meeting was closed. ORDERED on the motion of Councillor Fisher, seconded by Councillor Diodati that Council approve the Zoning Bylaw amendment application to add a health centre to the list of uses permitted on the property. Carried Unanimously PD- 2007 -49- Chief Administrative Officer Official Plan Amendment, 2007 Minimum Distance Separation Formulae (MDS), Planning Document Updates Basis for Amendments Municipalities are required to comply with Provincial land use policies which include compliance with the Minimum Distance Separation Formulae (MDS). The MDS formulae provide the minimum setback between a livestock operation and dwelling(s) to minimize complaints regarding odour. Amendments are needed to the City's Official Plan and Zoning By -laws to incorporate the updated 2006 MDS formulae. Background There are MDS policies in the City's Official Plan and Zoning By -law 79 -200 but not in the remaining Zoning By -laws. 6 July 23, 2007 Council Minutes The MDS were updated in 2006 and reference to the new formulae is required in the Official Plan and Zoning By -laws. The MDS are applied at the time of a building permit for new livestock facilities and /or new dwellings in the agricultural area. The new MDS formulae are simpler and easier to calculate for municipal staff. MDS review will eventually be transferred from the Region to the City through the recent Memorandum of Understanding for planning functions. Planning Analysis Official Plan An amendment is needed to: delete reference to the previous MDS formulae created under the Agricultural Code of Practice and incorporate new policies under the revised MDS as issued by the MMAH. Zoning Amendments are needed to: Update the MDS within Zoning By -law 79 -200. Bring new regulations into Zoning By -laws 1538 (Crowland); 395 (Willoughby) and 70 -69 (Humberstone). The amendments will: Apply the MDS to new dwellings on existing lots of record (No change from the current Official Plan). Allow reconstruction of an existing livestock facility or dwelling destroyed by a natural catastrophe at their original location. Recognize non active cemeteries in the agriculture area as low intensity uses for the purposes of calculating the MDS. Not apply the MDS within the Urban Area Boundary. Recommendation 1) That Council adopt the Official Plan amendment and approve the zoning By -law amendments to add new and update existing policies for the Minimum Distance Separation Formulae put into place by the Ministry of Agriculture, Food and Rural Affairs. 2) That Council forward the Official Plan amendment to the Regional Municipality of Niagara for approval. that: There was no one in the gallery who indicated an interest in the matter. ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes 1) Council adopt the Official Plan amendment and approve the zoning By -law amendments to add new and update existing policies for the Minimum Distance Separation Formulae put into place by the Ministry of Agriculture, Food and Rural Affairs. 2) Council forward the Official Plan amendment to the Regional Municipality of Niagara for approval. with Councillor Kerrio opposed. PD- 2007 -64- Chief Administrative Officer 26CD -11- 200701, Draft Plan of Condominium, 6167, 6175 6181 Dorchester Road, Dorchester Road (West Side), South of Crescent Road; Owners: 1251549 Ontario Limited 623381 Ontario Limited 1. That the plan of condominium be draft approved subject to the conditions in the attached Appendix. 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. Brian Sinclair spoke on behalf of the applicant requesting that the request for the developer pay the City cash -in -lieu of 5% parkland dedication based on the age of property, which is well established. that: The public meeting was closed. 7 July 23, 2007 Council Minutes ORDERED on the motion of Councillor Thomson, seconded by Councillor Diodati 1. That the plan of condominium be draft approved subject to the conditions in the attached Appendix. 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. Carried Carried Unanimously MISCELLANEOUS PLANNING MATTERS PD- 2007 -59 Chief Administrative Officer Matters Arising from the Municipal Heritage Committee 1. That Council consider listing the lands located on the east side of Fallsview Boulevard and south of the Marriott Hotel under the City's Municipal Register of Heritage Properties. -8- July 23,2007 Council Minutes 2. That Council authorize staff to investigate the cost of hiring a consultant or qualified expert to undertake a detailed investigation of these lands to evaluate their level of heritage significance and /or value and, if appropriate, a method of conservation. 3. That Council not consider any alteration, modification, or removal of the existing Pedestrian Deck agreement on title to the subject property until such time as a report is received from a consultant hired to evaluate the level of heritage significance and /or value of the property. 4. That Council approve a request to replace the roof over the porch at the back door of the Lundy's Lane Historical Museum, a designated property, with a similar style of roof including gutters and downspouts as the present roof allows water to fall onto the steps below causing safety and maintenance concerns. ORDERED on the motion of Councillor Wing, seconded by Councillor Pietrangelo that Council approve a request to replace the roof over the porch at the back door of the Lundy's Lane Historical Museum, a designated property, with a similar style of roof including gutters and downspouts as the present roof allows water to fall onto the steps below causing safety and maintenance concerns. Carried Unanimously Italia Gilberti was present on behalf of Niagara 21s Group. She outlined the ownership of the properties/ air rights, in question. Ms. Gilberti identified other public viewing areas along the escarpment. Her client does not endorse listing the lands located on the east side of Fallsview Boulevard and south of the Marriott Hotel under the City's Municipal Register of Heritage Properties and would also not endorse the hiring of a consultant or qualified expert to undertake a detailed investigation of these lands to evaluate their level of heritage significance and /or value and, if appropriate, a method of conservation. Bernadette Secco of 4157 Drummond Road indicated that her efforts were for the benefit of the residents and many visitors. She argued that in light of the contradictory evidence, there was even more of a need for an independent third party consultant. ORDERED on the motion of Councillor loannoni seconded by Councillor Fishe that Council deny recommendations 1, 2 and 3 in the report. Carried with Councillor Wing opposed and Councillors Kerrio and Thomson declaring conflicts. CLERK'S MATTERS CD- 2007 -16 Chief Administrative Officer Application for Compliance Audit It is recommended that Council consider the request for a compliance audit of the 2006 municipal election campaign finances of Wayne Thomson; and Based on the fact that the violation has been rectified, that Council reject the compliance audit request. ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes that Council consider the request for a compliance audit of the 2006 municipal election campaign finances of Wayne Thomson; and based on the fact that the violation has been rectified, that Council reject the compliance audit request. with Councillor Thomson declaring a conflict. Carried Unanimously ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that 2006 Election Campaign finance statements and all future Election Campaign finance statements be posted online. Carried Unanimously 9 MAYOR'S REPORTS, ANNOUNCEMENT Mayor Salci offered condolences to Mrs. "ae Iorfida and her son Dean lorfida, City Clerk on the recent passing of his father, Sam Iorfida, to Linda Kane Crocco of the Clerk's Division on the passing of her step mother, enny Kane, to Luciano Chieca of the Building Division on the passing of his father Miche e Chieca and to Regional Councillor Norm Puttick, on the passing of his brother John W:Iter Read. Mayor Salci offered congratulations to Jo Officer on the birth of his first grandchild. An update on the status of the initiative t provided. A motion was made at the Regional Cou seconded by Mayor Salci that Council send corres to attend a future meeting, and noting that exte consistent with the Greenbelt and Places to Grow pr arranged by the Mayor's office with Provincial Trans the upcoming AMO conference in August. At that t of Council to attend in order to pursue the advancem of Niagara Falls. During the Great Lakes and St. Lawrence and 12, political leaders in 28 cities committed t consumption by 2015. ORDERED on the motion of Councillor Win staff look into how the City could achieve a 15% re 2015. ORDERED on the motion of Councillor Tho son, seconded by Councillor Fisher that Jay Cochrane be allowed to address Council re arding his proposal to wire walk over the brink of the Falls. Jay Cochrane thanked Council for their su walk over the brink of the falls. COMMUNICATIONS AND COMMENTS OF THE C TY CLERK 1. Scouts Canada Request to raise the "1 0 Years of Scouting" flag above the City of Niagara Falls on August 1, 2007. RECOMMENDATION: For the Approval o Council ORDERED on the motion of Councillor Kerri•., seconded by Councillor Mayes that Carried Unanimously the communication be approved as recommended. REPORTS RATIFICATION OF CORPORATE SERVICES CO ORDERED on the motion of Councillor Diodati that the communication be approved as rec 1) That the minutes of the May 28 meeting b ti MITTEE ACTIONS adopted as recorded. July 23, 2007 Council Minutes n MacDonald, Chief Administrative bring "GO Transit" to Niagara was cil meeting by Councillor Timms and ondence to GO Transit inviting them ding the GO service to Niagara is vincial strategies. A meeting will be ortation Minister, Donna Cansfield at me, Mayor Salci will invite members nt in transportation for the residents ities Mayor's Conference on July 11 a goal of 15% reduction in water seconded by Councillor Kerrio that uction in the water consumption by Carried Unanimously Carried Unanimously port in endorsing his attempt to wire ietrangelo, seconded by Councillor mmended. Carried Unanimously 10 July 23, 2007 Council Minutes 2) That the 2006 Investments Report be received for information. 3) That the supply of water for a tenanted water account be shut off when the tenant fails to provide or continue to provide the required deposit in full; and in situations wherein a change of tenants has occurred, the property owner is required to have written direction to staff regarding the establishment of the new account. 4) That Staff will report back to Council on the report provided and presented by Mr. Ed Bielawski. That Staff will contact Mr. Michael Louden as a follow up to his 2000 report. That Staff will provide Council with a copy of the Louden report. Once these initiatives are completed, Staff will undertake a water and sewer rates review in time for consideration of the 2008 Utility Budget. That the request from Amanda Occasion for a donation to the Global Youth Network initiative be received and filed. RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati that the communication be approved as recommended. Carried with Councillor Wing opposed to item #10. 1) The minutes of the July 9, 2007 meeting be approved as amended. 2) MW- 2007 -87 Kalar Road Pump Station Service Area Municipal Class EA. a) That City Council adopt the recommendations set out in the Environmental Study Report for the Kalar Rd. Pump Station Sanitary Service Area Municipal Class EA; b) That staff be directed to advertise the Notice of Study Completion as set out in the Municipal Class EA process; c) That the temporary pump, fencing and related overflow piping be permanently removed from the site and the subject lands restored to its original condition. d) That staff report on the cost estimates for the implementation of the recommendations contained in the report as soon as possible. 3) MW- 2007 -78 Maitland Street Parking Restriction That the existing parking restriction, on the south side of Maitland Street, be extended from Leonard Avenue to a point 86 metres west of Leonard Avenue. MW- 2007 -82 Cherryhill Drive at Cherrygrove Road Intersection Control Review That the Parking Control Measures as described in report MW- 2007 -82 be approved. 5) MW- 2007 -94 Chair -A -Van NCDSB Pilot Project a) That City of Niagara Falls enter into a ten (10) month agreement to supply Chair -A -Van service to the Niagara Catholic District School Board, as a pilot project for Special Needs Student Transportation; That a driver and bus monitor, be hired on contract, for a ten (10) month period; that: - 11 - July 23, 2007 Council Minutes c) That scheduling software be purchased to assist in scheduling Chair -A- Van Services; and, d) That the Mayor and the Clerk be authorized to execute the necessary agreement. 6) MW- 2007 -92 - QuickView Professional 24 Zoom Camera That this report be received and filed for information. 7) R- 2007 -16 - The Centennial Water Molecule a) That the Centennial Water Molecule, currently located at the Hi -Tech Material Handling Company site, Niagara -on- the -Lake, (Virgil) be returned to the City of Niagara Falls once the construction of the 4 -pad community arena is completed. b) That the Centennial Water Molecule be installed on a permanent basis at the new 4 pad community arena, once constructed. c) That the management of Hi -Tech Material Handling be invited to attend the opening and be thanked for their stewardship of the water molecule. 8) R- 2007 -21 - The Park in the City Committee a) The revised Terms of Reference for the Park in the City Committee be approved. b) A review of the implementation of a permit and appropriate fee for the widening of residential driveways be undertaken to provide greater protection of City trees; c) The amendment of Schedule "B" from the City of Niagara Falls Tree Planting List of Acceptable Species in By -Law 2004 -73 - Application for Permit to Injure, Destroy or Plant Trees on Public Property and remove of the following species from the list: • Norway Maples and its cultivars (Schwedler and Crimson King) as the species is invasive. Ashes as a precautionary measure given the expectation that the Emerald Ash will eventually reach the Niagara region. d) That the Park in the City Committee be established by September 2007. 9) That staff comment on the cost and effectiveness of speed bumps verses stop signs as traffic calming measures in the City of Niagara Falls. 10) That Council provide a letter of support to the Niagara Peninsula Hungarian Cultural Sports Complex and Niagara Strings to reinstate their charitable status. RATIFICATION OF "IN CAMERA" ACTIONS ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio 1) Council acknowledge the hard work and efforts of Mr. Doug Darbyson, who has announced his plan to retire from the Corporation, and to approve the succession plan and appoint Alex Herlovitch to the position of Director of Planning and Development effective October 9, 2007. 2) Council approve the market median position and implementation plan of the Mercer Compensation study, which was outlined in the staff report of July 23, 2007. Carried Unanimously 12 July 23, 2007 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, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. L- 2007 -33 Consent to Assignment of Lease of Sophia Street Road Allowance It is recommended that the City grant a Consent to Assignment of Lease in favour of Wayne Sheridan and Joanne Sheridan; and that the Mayor and Clerk be authorized to execute the said Agreement. MW- 2007 -85 Update on Garner Southwest and the addition of Two Watermains to the Project, including the Approval of Consultant Fees It is recommended that the Consulting Services Agreement with Associated Engineering for the Garner Southwest Service Area be amended at an increased cost of $35,490.00. PD- 2007 -60 AM- 38/2004 AM- 19/2006, Official Plan Zoning By -law Amendment Application between the Welland River Biggar Road from Montrose Road to West of Morris Road; Applicant: Grand Niagara Resort; Agent: Carl Brawley, Glen Schnarr and Associates It is recommended that Council pass the amending by -law and adopt Official Plan Amendment No. 69 (OPA No. 69), both on tonight's agenda to permit an expansion to the golf course and resort block area and the development of a lifestyle residential community, pursuant to Council's earlier approval of this application; that Council determine by resolution that the changes outlined in this report are minor and do not require further notice to be given. R- 2007 -20 2007 Sports Wall of Fame Inductees It is recommended that Council approve the 2007 Sports Wall of Fame Inductees for the January 2008 Induction Ceremony. MW- 2007 -94 Tender 2007 187 -07 Bond /Locus /Edward Watermain Replacement It is recommended that the unit prices submitted by the lowest tenderer Fine Grade 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 Fisher, seconded by Councillor Kerrio that the reports on the Consent Agenda be approved as recommended. REPORTS Carried Unanimously R- 2007 -19 Arena Complex Development Project: Revised Agreement Between the Architects and the City of Niagara Falls It is recommended that the Mayor and Clerk be authorized to execute the amended agreement with Barry-Bryan Associates Limited to plan, design, and provide contract administration /construction services for the 4 Pad Arena Complex. ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that the Mayor and Clerk be authorized to execute the amended agreement with Barry- Bryan Associates Limited to plan, design, and provide contract administration /construction services for the 4 Pad Arena Complex, provided that in the event the approved construction cost for the four pad arena project exceeds $30.6 million, the total lump sum fee will not be increased. Carried Unanimously RESOLUTION NO. 22 ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the Council of the Corporation of the City of Niagara Falls hereby determines, in accordance with Section 34(17) of the Planning Act, R.S.O. 1990, that the change to the proposed Official Plan and Zoning By -Law for application numbers AM- 38/2004 and AM- 19/2006 (Grand Niagara Resort Inc.) regarding an expansion to the golf course and the resort block area and the development of a lifestyle residential community is minor in nature and does not require any further notice. 2007 -148 2007 -149 2007 -150 2007 -151 2007 -159 -13 July 23, 2007 Council Minutes RESOLUTIONS BY -LAWS Carried Unanimously ORDERED on the motion of Councillor Pietrangelo seconded by Councillor Diodati that the by -laws be given a first reading. Carried Unanimously A by -law to authorize the execution of an Encroachment Agreement with Hana America Corporation, for the purpose of permitting an encroachment onto the Allendale Avenue road allowance A by -law to authorize the execution of a Subdivision Agreement with 727604 Ontario Limited and 464404 Ontario Limited respecting Miller Road Estates Subdivision, subject to all conditions of the Agreement being met to the satisfaction of the Director of Planning and Development A by -law to amend By -law No. 89- 2000, being a by -law to regulate parking and traffic on City Roads. (Stopping Prohibited, Parking Prohibited, Parking Meter Zones, Stop Signs At Railway Crossings, Parking Meter Exemptions, Heavy Vehicle Restrictions) (Hunter /Kitchener St.) A by -law to amend By -law Nos. 79 -200 and 2002 -113, to permit the development of a townhouse dwelling on the west side of Kalar Road (AM- 11/2007) 2007 -152 A by -law to amend By -law Nos. 79 -200 and 2006 -93 to permit the construction of a 7- storey hotel (AM- 09/2007) 2007 -153 A by -law to amend By -law No. 79 -200, to permit a gasoline bar and a retail store (AM- 13/2007) 2007 -154 A by -law to amend By -law No. 79 -200, to permit an assembly hall and accessory buildings and accessory structures (AM- 37/2006) 2007 -155 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan(AM- 16/2007) 2007 -156 A by -law to amend By -law No. 79 -200, to replace the Minimum Distance Separation Formulae regulations and add several definitions (AM- 16/2007) 2007 -157 A by -law to amend By -law No. 1538 (1958), to add regulations and definitions regarding the use of the Minimum Distance Separation Formulae (AM- 16/2007) 2007 -158 A by -law to amend By -law No. 395, 1966, to add regulations and definitions regarding the use of the Minimum Distance Separation Formulae (AM- 16/2007) A by -law to amend By -law No. 70 -69 to add regulations and definitions regarding the use of the Minimum Distance Separation Formulae (AM- 16/2007) 2007 -160 2007 -161 2007 -162 2007 -163 2007 -164 2007 -165 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher that the by -laws be read a second and third time and passed. Beaverdams Flooding 14 July 23, 2007 Council Minutes A by -law to authorize the execution of an Agreement with Dr. Fiona Halliday dated July 13, 2007, respecting achieving the goals of the Niagara Falls Health Professional Recruitment and Retention Task Force to recruit and retain qualified physicians for the City A by -law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of rates for the use of water and water related services A by -law to amend By -law Nos. 1538, 1958 and 79 -200, to permit the expansion of an existing golf course and resort facilities thereon, and to permit the development of lifestyle residential development and to repeal By -law No. 2001 -157 (AM- 19/2006 AM- 38/2004) A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan (AM- 19/2006 AM- 38/2004) A by -law to appoint Alderman Vince Kerrio, Acting Mayor A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 23 day of July, 2007 NEW BUSINESS Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Fisher to allow a resident to speak to the beaverdams flooding issue. Carried Unanimously with Councillor Maves declaring a conflict as he provides insurance to properties in the area. Glen Riesebosch, of 7974 Beaverdams Road, spoke in regards to the history of flooding concerns in the area. ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that staff prepare a report outlining a chronology for the requests for service related to flooding, made to the City and Region since 2000, in the Beaverdams area Carried Unanimously with Councillor Maves declaring a conflict. Woodbine Traffic Calming ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio 1) The area residents be canvassed for their comments on the new median /island at Woodbine Street and Montrose Road. 2) Staff report back on speeding concerns. Carried Unanimously that: Park Naming ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that staff consider Dan O'Connor's name for any future park naming. Carried Unanimously Neighbourhood Meetings ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that Council be informed of neighbourhood meetings. Numbered Companies =15 July 23, 2007 Council Minutes ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that staff provide the Names of the Principles of Numbered Companies in reports /applications to Council. Carried Unanimously Carried Unanimously ORDERED on the motion of Councillor Mayes, seconded by Councillor Kerrio that the meeting be adjourned at 10:20 p.m. Carried Unanimously BILL MATSON, ACTING CITY CLERK R.T. (TED) SALCI, MAYOR