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2008/02/11DEAN I RFI THIRD MEETING IN CAMERA MEETING Committee Room 2 February 11, 2008 Council met on Monday, February 11, 2008 at 5:45 p.m. in an In Camera Session. All members of Council except Councillor Kerrio were present. Councillor Maves presided as Chairman. Following consideration of the items presented, the In Camera Session did rise and report in open session. Y CLERK R.T. (TED) SALCI, MAYOR REGULAR COUNCIL MEETING Council met on Monday, February 11, 2008 at 7:00 p.m. for the purpose of considering Regular Business matters. All members of Council except Councillor Kerrio were present. Councillor Diodati offered the Opening Prayer. ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that the Corporate Services Meeting be deferred to February 25, 2008. ADOPTION OF MINUTES ORDERED on the motion of Councillor Fisher, seconded by Councillor Maves that the minutes of January 28, 2008 be approved as printed. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Pietrangelo indicated a conflict to report PD- 2008 -14, he is a member of Club Italia and to report 1S- 2008 -01 on the January 28`" agenda, as it involves his employer. Councillor loannoni indicated a conflict to an In Camera matter, re: Development Charges. Councillor Wing indicated a conflict to an In Camera matter, re: Development Charges. Councillor Thomson indicated a conflict to an In Camera matter, re: Development Charges. Councillor Diodati indicated a conflict to report PD- 2008 -14, he is a member of Club Italia. Mayor Salci indicated a pecuniary interest to cheque no. 316896 made payable to himself and to report PD- 2008 -14, he is a member of Club Italia. - 2 - February 11, 2008 Council Minutes PLANNING MATTERS PD- 2008 -16 - Chief Administrative Officer - AM- 34/2007, Zoning By -law Amendment Application, 6972Garner Road at McGarry Drive & Part of 6958 Garner Road, Owner: Joseph & Phyllis Futino and Evergreen Estates Development Limited, Agent: Rocco Vacca, Sullivan Mahoney LLP, Proposed Single- Detached Residential Lots The Director of Planning and Development reviewed the recommendations and provided the following information: Background The Committee of Adjustment recently granted conditional approval to permit the southerly 1.53m (5') of the vacant lot at 6958 Garner Road to be added to lands at 6972 Garner Road and to sever 6972 into 3 vacant residential lots. A rezoning to a Residential Single Family 1 E Density (R1E) is requested to complete a condition of approval. A special provision for an increased dwelling setback from Garner Road for the corner lot is also requested. Planning Analysis Official Plan Land is designated Residential. Well suited for single detached residential development since it: is a compatible housing form for the neighbourhood; provides a similar streetscape to existing development with a single driveway access from McGarry Drive; and, is an efficient use of urban residential land. ZONING Land is zoned Development Holding (DH) and Residential Single Family 1C Density (R1 C- 687). The DH zone is an interim category pending specific development applications. The proposed R1E zone is the same as the new residential lots on McGarry Drive The new lots meet the minimum zone requirements of an R1E zone. An increased exterior side yard width of 7m (23') from Garner Road is recommended to provide a gradual transition to the homes to the north. Issues regarding lot grading, day lighting triangle, 1 -foot reserve, cash -in -lieu of parkland dedication and street trees will be satisfied through the conditions of approval for the severance applications. CONCLUSION The rezoning can be supported for the following reasons: - It complies with the Official Plan; - The proposed R1E zone is the same as adjacent lots; - The yard and area requirements of the R1E zone can be met; and - It completes a condition of related severance applications The Public Meeting was Closed. - 3 - February 11, 2008 Council Minutes RECOMMENDATION That Council approve the Zoning By -law amendment application and pass the by -law to change the zoning of the subject land to a site specific R1E zone to permit the development of three lots for single- detached dwelling with an increased building setback from Garner Road. Rocco Vacca, Sullivan Mahoney, representing the applicant advised that they were pleased with the staff report and recommendations and he was available to answer any questions Council may have. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the report be approved as recommended. Carried Unanimously PD- 2008 -03 - Chief Administrative Officer - AM- 33/2007, Zoning By -law Amendment Application, South Side of Marineland Parkway, Opposite McLeod Road, Applicant: Salmona Tregunno Inc., Two 6- Storey Apartment Buildings with a Total of 150 Dwelling Units The Director of Planning and Development reviewed the recommendations and provided the following information: Background A zoning by -law amendment is requested to permit two 6- storey apartment buildings with a total of 150 dwelling units on a 15ha (37 ac) parcel of land. A Residential Apartment 5C Density R5C zone is requested with site specific provisions to allow an underground parking garage to extend into the side yard setback. Planning Analysis Official Plan Land is designated Tourist Commercial. The proposed amendment: - is consistent with the intensification directives of Provincial Policies; conforms with the surplus Tourist Commercial lands policies in the Official Plan; - meets the density provisions of the Official Plan; and provides high density residential close to a wide range of services and amenities such as minor commercial, schools, parks and two transit routes. The building is designed to mitigate impacts on the residential properties to the south: - rear yard setback of 45m (150') is proposed. This setback is 4 1/2 times greater than the minimum required (10m (38') is required under R5C and 3m (9.8') is required for a 4 storey building in TC); the increased setback compensates for the additional 2 storeys in height; and - the larger setback allow for extensive landscaping and buffering. Zoning Land is currently zoned Tourist Commercial (TC) which would permit a wide range of commercial uses in a 4 storey building, 8m from the rear property line. The amending by -law would: • limit the use to 150 dwelling units in 2 buildings; • require a minimum rear yard building setback of 45m (150'); and • allow a 5.8m (19') side yard setback for the underground parking garage. Conclusion The rezoning can be supported for the following reasons: it is consistent with Provincial Policy Initiatives; it conforms with the Official Plan policies with respect to surplus tourist commercial lands; and the proposed buildings will be compatible with adjacent dwellings in terms of density, height gradation, building mass and setbacks. Recommendation That Council approve the Zoning By -law amendment application to permit the development of two 6- storey apartment buildings with a total of 150 dwelling units. The Public Meeting was Closed. - 4 - February 11, 2008 Council Minutes David Butyniec, 5739 Deerbrook Street, expressed some concerns with the privacy issues and traffic congestion. He requested that fencing and trees be put up for privacy. Mr. Butyniec also expressed concern with the fact that there had not been a neighbourhood meeting was held. Chris Wyllie, 5761 Deerbrook Street, asked whether the storm sewers and current infrastructure could support this new development. He also questioned affects on woodlot/animals. Dan Tregunno, the applicant, indicated that they are in agreement with the staff report and recommendations. Mr. Tregunno advised that through the site plan process any issues dealing with landscaping /fencing etc. will all be taken into consideration. Mr. Tregunno agreed that prior to the beginning of the development, an open house with the residents could be held. He pointed out that there was no woodlot on the property in question. Mr. Tregunno indicated other than a dedicated left turn lane, none of the other approval agencies have raised any issues regarding capacity for the development. The Public Meeting was Closed. ORDERED on the motion of Councillor Mayes, seconded by Councillor Diodati that the report be approved, that the residents be included in the site plan process and Council be informed of the neighbourhood meeting. Carried Unanimously PD- 2008 -13 - Chief Administrative Officer - Proposed Changes to the City's Official Plan under Bill 51, Official Plan Amendment No. 76 The Director of Planning and Development reviewed the recommendations and provided the following information: Basis for the Amendment The Planning and Conservation Land Statute Law Amendment Bill 51 introduced changes to the Ontario Planning Act to improve the planning process and reform the Ontario Municipal Board procedures. Municipal policy must be consistent with Provincial legislation. Background 3 Broad category of changes under Bill 51 Required Changes New legislation that came into effect immediately with Bill 51 and require changes to the OP. - 5 - February VI, 2008 Council Minutes Optional Changes * New process and powers available though OP amendments. Ontario Municipal Board Changes * Changes to the OMB process that require all information to be reviewed by Council prior to a hearing. Planning Analysis Required Changes Official Plan Updates every 5 years Zoning By -law Updates within 3 years of the Official Plan update. Site plans must show sustainable design elements on road rights -of -way (transit, bike lanes, landscaping) and be designed for accessibility for persons with disabilities. Subdivisions must have regard for sustainability such as energy efficiency, more transit, and pedestrian friendly design, through approval criteria. Community Improvement Plans require public notice of adoption, includes affordable housing and can include support for the improvement of energy efficiency. Areas of Employment are to be defined and protected for long term employment. As a matter of Provincial Interest, the City must have regard to sustainable, transit - supportive and pedestrian- oriented development. OPTIONAL CHANGES supported by Staff Complete applications Pre - consultation Control of exterior design through site plan control Transit and pedestrian friendly designs through plans of subdivision Allow conditions of a Committee of Adjustment decision to be subject to an agreement registered on title Conditional zoning which will allow certain conditions to be met through a registered agreement. Conservation agreements to protect natural heritage New definitions for " comprehensive review ", "dwelling unit ", "residential unit ", "area of employment" and "sustainable ". FUTURE CHANGES as part of our Growth Study Minimum and maximum heights and density to achieve the density targets of the Growth Plan. Identification and policies for intensification areas Policies for the protection of employment lands. - 6 - February 11, 2008 Council Minutes OTHER CHANGES not recommended by Staff at this time Local Appeal Body - due to costs to the City. Development Permits- will require more research and setup with other Departments. Reductions in cash - in -lieu- payments for Parkland - requires needs, natural areas and financial studies. OTHER CHANGES recommended by Staff Recognize the protection of woodlands through the Region's Tree and Forest Conservation By -law (or similar City by -law) Recommendation 1. That Council direct staff to finalize an amendment to the Official Plan containing changes pursuant to Bill 51 to be brought back for adoption at a future date and that the amendment be forwarded to the Region for approval. 2. That subsequent to the adoption of the Official Plan amendment Council approve the pre - consultation by -law to require pre - consultation with staff prior to the submission of certain applications under the Panning Act. The Public Meeting was Closed. ORDERED on the motion of Councillor Fisher, seconded by Councillor loannoni that the report be approved as recommended. Carried Unanimously Background Planning Analysis PD- 2008 -06 - Chief Administrative Officer - Proposed Changes to the City's Official Plan and Zoning By -law to Implement the Historic Drummondville Community Improvement Plan Official Plan Amendment No. 79 ORDERED on the motion of Councillor Wing, seconded by Councillor Diodati that that the omission in the notice for OPA 79 is minor in nature and does not require any further notice of a public meeting. Carried Unanimously The Director of Planning and Development reviewed the recommendations and provided the following information: A Community Improvement Plan (CEP) was adopted by Council in December 2006 for the Historic Drummondville Area. The Implementation actions listed in the CIP included specific changes to the Official Plan and Zoning By -law. The lands involved are the City owned lands associated with the Battleground Museum, Coronation Park and Drummond Hill Cemetery The CIP identified the importance of recognizing the historical significance of the Lundy's Lane Battlefield Area. Changes to the Official Plan and Zoning By -law would reflect the historical significance in anticipation of bicentennial celebrations in 2012 -2014. The changes were presented to stakeholders though the CIP process. Conclusion Recommendation - 7 - February 11, 2008 Council Minutes Official Plan The lands are designated Residential and Tourist Commercial. A redesignation to "Open Space" is proposed to allow future development of the City's Battlefield Master Plan. Other OP changes: Add gateway and landscape entry point features along Ferry Street and Main Street to identify the area to the traveler through streetscape features; Recognize Main Street as a Retail Street under the Tourist Commercial policies to encourage pedestrian and vehicular use to locals and travelers; Add new policies under Minor Commercial to encourage a niche and heritage related commercial role of the area and the building use of at grade retail with residential units above; and Update Appendix V — Community Improvement Areas to include the boundaries of the Historic Drummondville Area. The northerly portion of Battlefield Public School was also proposed to be redesignated however this is pending discussions with the District School Board of Niagara Zoning By -law Lands are currently zoned R1 E and GC. An Open Space (OS) zoning is proposed to protect and conserve key heritage features. The addition of a museum and art gallery use under the General Commercial (GC) Zone is proposed to support the niche retail aim (such as an art gallery district) of the CIP and recognizes the historic importance of the area. Parking exemptions for a museum and art gallery use should help stimulate regeneration. Exemptions exist for bake shops, banks, clinics, day nurseries, libraries and photographer's studio, among others. MINOR CHANGE FROM THE NOTICE OF PUBLIC MEETING Lands associated with the Museum but not identified by the CIP or shown on the sketch accompanying the Public Meeting Notice: • Easterly portion of Museum property that fronts onto Hanan Avenue (red); • 6121 Lundy's Lane; and • 5811 Hanan Avenue. These City owned lands do not require further public notice to be included in the amendments. The proposed amendments implement the vision of the adopted Historic Drummondville Area CIP to protect the lands associated with the historic battlefield and to stimulate redevelopment in the community. That Council adopt Official Plan Amendment No. 79 and a Zoning By -law amendment to implement the Historic Drummondville Community Improvement Plan and that the Official Plan be forwarded to the Region for approval. - 8 - February 11, 2008 Council Minutes Pat Viscusi, 6479 Burwood Avenue, asked for some clarification on the public meeting notice that he received. It was explained that the amendment pertained to the park land and had nothing to do with commercial property in the vicinity of Drummond Hill. The Public Meeting was Closed. ORDERED on the motion of Councilor Fisher, seconded by Councillor Maves that the report be approved as recommended. Carried Unanimously PD- 2008 -14 - Chief Administrative Officer - AM- 30/2004, Official Plan Amendment Application, Proposed Urban Area Expansion, East of Kalar Road, West of Montrose Road, South of Mountain Road and North of Hydro Lands, Applicant: Northwest Community Landowners Group Councillor Wing took the place as Chair for this Public meeting, Mayor Salci declared a conflict. Mayor Salci, Councillors Diodati and Pietrangelo exited chambers. The Director of Planning and Development reviewed the recommendations and provided the following information: Background An application for a 75ha (185ac) expansion to the urban area boundary was submitted in 2004. A mixed use residential and commercial development described as an "adult lifestyle" community was proposed. The application was held in abeyance pending a needs study The needs study was submitted in 2006 and was reviewed by UrbanMetrics Inc. as part of the Comprehensive Review - Residential and Employment Land Needs Analysis Council approved, in principle, the recommendation of the UrbanMetrics Inc report on the City's Comprehensive Review except for those recommendations dealing with urban expansion and added the following recommendations: the existing amendment application by the Northwest Community Land Group (NCLG) proceed to a public meeting; and Phase 2 of the Growth Management Official Plan Review recommend amendments to the Official Plan based on accommodating the City's growth needs to the year 2031 and that in that context the consultants evaluate the appropriateness of an urban boundary expansion in the northwest portion of the City. Planning Analysis Planning Context Boundary expansions require a municipality initiate comprehensive review prior to re- designation The City has engaged UrbanMetrics Inc and Meridian Planning to complete its studies The Region has the ultimate responsibility to determine urban boundaries and expansions. Their Growth Management Study is underway. The Growth Plan requires that boundary expansions show the following: - 9 - February 11, 2008 Council Minutes * there is insufficient urban land within the City and across the Region to meet forecasted needs; • the expansion will not result in greater than a 20 year supply of land; • the timing of expansion will not adversely affect intensification; • that infrastructure can be provided in a financially an environmentally sustainable manner; • that there are no alternative lower priority agricultural lands; and the City is moving towards a minimum of 1 full -time job per 3 residents FORECASTED NEEDS AND 20 YEAR SUPPLY The forecasted needs projected by the City's study, the Region's study, and the applicants study differ: The Hemson Report (Applicant study) projects a population of 103,000 by 2031 and identifies an immediate need. It does not consider the conversion of lands or intensification within the urban boundary. The urbanMetrics Report (City study) projects a high growth scenario of 109, 818 by 2031. It states that the City has a current supply of 10 years and that conversion of the over - supply of industrial land will supply the needs to the year 2024. Long term needs may require an expansion to be identified through future reviews. The Dillon Report (Region Study) provides a Medium Growth Scenario of 114, 450 people in Niagara Falls by 2031. Most indicators show an eventual shortfall of land but timing differs. The Region is responsible for the allocation of development within the City and the remainder of the Region. • 40% of new housing by 2015 must be through infill and intensification. • urbanMetrics Inc. believes that an expansion will have a negative effect on intensification and the redevelopment of the under - utilized areas of the City. City statistics indicate a potential intensification of 4,624 units through prezoned and unbuilt rezoned properties. EFFECT ON INTENSIFICATION the proposed servicing forthe northwest is based on relieving a health issue but can potentially be expanded to supply services for new development to achieve efficiencies. new servicing needs to be balanced against the availability of urban lands and the higher efficiency and cost savings of intensification utilizing existing services and transit routes. EFFICIENT INFRASTRUCTURE the proposed servicing forthe northwest is based on relieving a health issue but can potentially be expanded to supply services for new development to achieve efficiencies. new servicing needs to be balanced against the availability of urban lands and the higher efficiency and cost savings of intensification utilizing existing services and transit routes. LOWER PRIORITY AGRICULTURAL LAND no study has been completed confirming that there are no reasonable lower quality agricultural lands that can accommodate and expansion. the Region does observe that the quality of the land appears to be good and portions continue to be farmed but the history of urban development and land fragmentation make it difficult to ensure long tern protection of the lands. PRE - EXISTING APPLICATION the application was submitted prior to the approval of the Provincial Growth Plan. - 10 - February 11, 2008 Council Minutes the application had been circulated to the MMAH for comment on conformity with Provincial policy. No comments have been received to date. CONCLUSION The Region should consider this application and its lands through Dillon's examination of future urban expansion areas: RECOMMENDATION numerous unknown factors still exist in examining future growth through different growth periods; it appears, in all scenarios, that some expansion may be needed however timing for the expansion differs; this application was submitted prior to the Growth Plan and merits consideration through the review process for allocation. That Council request the Region to include the lands of the Northwest Community Landowners Group within the Region's Growth Management Study as a future growth area and involve the City in the process of the examination of the allocation of expansion areas Jean Grandoni, R R # 1, stated that she is opposed to this application. By bringing these lands into the urban boundary it would mean that prime agricultural lands will be destroyed and more class 1 and 2 soils will disappear. She felt the area needs a watershed plan for agricultural reasons. The subject lands contain rate soils that are unique to the Region. Ms. Grandoni feels there is ample housing supply elsewhere in the City. Dr. John Bacher, 134 Church Street, St. Catharines, was present to state that he is against the amendment to the Official Plan. He indicated that this proposal was in violation of the requirements of the Provincial Growth Management Plan, as Niagara Falls has not experienced the intensification requirements that are required for urban boundary expansions under its policies. Glen Wellings, Planning Consultant for the Northwest Community Landowners indicated that the usual criteria against urban expansion is not present here. New uses are not being introduced to agricultural lands. The uses present in this area have been present for many years. There is no agricultural use of the lands presently nor has there been for some time. Finally, servicing is not an issue as there are pipes and a well established road network. Mr. Wellings said that if one looked at a map of the urban boundary, this area looks like a missing piece. The area is also a prime gateway to the City. Mr. Wellings recognized that a secondary plan would be necessary but that they supported staff's recommendations and only wanted these lands to be appropriately considered in any future growth area study. Italia Gilberti, was present on behalf of Club Italia, she briefly mentioned the health issues surrounding the area. The Public Meeting was now closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the report be approved. Carried Unanimously Mayor Salci and Councillors Pietrangelo and Diodati returned to chambers. MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci provided the annual State of the City address outlining accomplishments in 2007. - 11 - February 11, 2008 Council Minutes Mayor Salci advised that Vince Kerrio Sr. & his wife Rose celebrated their 60 Anniversary this past weekend. The Mayor encouraged everyone to purchase Ice Dog tickets on Sunday, February 17 at the Jack Gatecliffe arena in St. Catharines, as this is Niagara Falls Day. Federation of Canadian Municipalities Councillor David Alexander, City of Welland and Joyce Morocco, Niagara Falls Tourism made a brief presentation to Council about the Federation of Canadian Municipalities conference and the wish for Niagara Falls to host it in either 2013 or 2014. ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that Council supports the application (bid) for Niagara Falls to be considered to host FCM's Fall Board meeting in 2010 and the FCM Annual Conference and Municipal Expo in 2013 or 2014. Carried Unanimously COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Heritage Week - requesting that February 18 -24, 2008 be proclaimed as "Heritage Week" in the City of Niagara Falls. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that the communication be approved. Carried Unanimously REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that the actions taken in Community Services Committee, on February 11,2008 be approved. Carried Unanimously 1. The minutes of the January 28, 2068 meeting be approved as amended. 2. PD- 2008 -15, Appeal of Intention to Designate All Saints Anglican Church, 5680 Robinson Street be deferred. 3. MW- 2008 -09 Morrison Street - Victoria Avenue to Stanley Avenue Detour Routing and Heavy Vehicle Restriction 1. That Morrison Street between Victoria Avenue and Stanley Avenue be the designated detour route for the duration of the construction, and, 2. That the existing "Heavy Vehicle" restriction currently in place on. Morrison Street between Victoria Avenue and Stanley Avenue be eliminated during the closure of Bridge Street. MW- 2008 -12 Ontario Municipal Infrastructure Investment Initiative (MIII) Application for Funding, Resolution Drummond Road Reconstruction Lundy's Lane to Murray Street That the Drummond Road (Lundy's Lane - McLeod Road) Reconstruction Project be submitted for funding under the Ontario Municipal Infrastructure Investment Initiative (MI II) and that the related by -law on the Council agenda be approved. 5. TS- 2008 -06 Fallsview Tourist Area Traffic Count Comparison That a meeting be held with stakeholders and Council be advised of the meeting. MW- 2008 -14 Niagara Convention and Civic Centre 1. That the firm of MHPM Project Managers Inc. be awarded the Project Management assignment for the construction of the Niagara Convention and Civic Centre. 2. That the Mayor and City Clerk be authorized to execute the necessary agreement. 7. That the previous Council position on Region representation be brought back for Council's consideration. 8. 1. That staff prepare a proposal outlining the strongest and best options, of the vast possibilities for land on which to build a centralized police headquarters in our City. 2. That staff investigate the possibility of private and City owned land opportunities in order to strengthen the case for our City as the best location for a centralized police service. RATIFICATION OF " IN CAMERA" RECOMMENDATIONS that: - 12 - February 11, 2008 Council Minutes ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati 1. Council approve the Agreement of Purchase and Sale between the City and John Belli for lands located at the southeasterly corner of McLeod Road and Kalar Road as outlined in report L- 2008 -05. 2. That the Mayor and Clerk be authorized to execute the aforementioned Agreement of Purchase and Sale and the Clerk be authorized to affix the corporate seal thereto. 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- 2008 -08 - Municipal Accounts It is recommended that Council approve the municipa accounts totaling $11,513,842.10 for the period December 19 2007 to January 23, 2008. L- 2008 -07 - Clarke proposed purchase from the City, City -owned land abutting 2703 Detenbeck Road It is recommended for the information of Council. - 13 - February 11, 2008 Council Minutes MW- 2008 -10 - Consulting Services Agreement for Clifton Hill Streetscape and Sidewalk Rehabilitation It is recommended that the Mayor and City Clerk be authorized to sign the Consultant Services Agreement with Totten Sims Huicki Associates for the Clifton Hill Streetscape and Sidewalk Rehabilitation for the upset limit of $ 17,750.00, excluding GST. ORDERED on the motion Councillor Pietrangelo, seconded by Councillor Diodati that the reports be approved as recommended. Carried Unanimously PD- 2008 -11 - Matters Arising from Municipal Heritage Committee It is recommended that: 1. That Council adopt the recommendation of the Municipal Heritage Committee regarding the inclusion of the Welland River in the proposal by the Regional Municipality of Niagara for a National Historic Site designation of the Welland Canals and that the extent of the nomination include the Welland River from bank to bank and extending from the Niagara River to the City boundary. 2. That Council adopt the recommendation of the Municipal Heritage Committee to accept the quotation from Drew Chapman Carpentry for the restoration of the windows at the former Willoughby Township Hall. 3. That Council receive the recommendation from the Municipal Heritage Committee of support in principle for the expansion of the Lundy's Lane Historical Museum, as detailed in this report. 4. That Council proclaim the week of February 18 -24, 2008 as Heritage Week 2008. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that Part 1 of the report be deferred. Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that the remainder of the report be approved. Carried Unanimously CD- 2008 -02 - Acting/ Deputy Mayor It is recommended for the information of Council. ORDERED on the motion of Councillor Fisher, seconded by Councillor loannoni that staff come back with more details on a Deputy Mayor. Carried Unanimously TS- 2008 -12 - Response to "Toys for Tickets" Campaign It is recommended that council make the "Toys for Tickets" an annual program. ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that the report be approved as recommended. Carried Unanimously RESOLUTIONS NO. 3 - PIETRANGELO - DIODATI therefore be it resolved that the Province consider increasing fines for failure to yield to crossing guards to possibly as much as $500 to act as a true deterrent and preserve the safety of our school children and crossing guards. Carried Unanimously - 14 - February 11, 2008 Council Minutes BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Fisher that the by -laws be given a first reading. Carried Unanimously 2008 -19 A by -law to authorize the execution of an Agreement of Purchase and Sale with John Belli respecting the purchase of lands described as part of Lot 179, Township of Stamford, in the City of Niagara Falls, in the Regional Municipality of Niagara, shown as Schedule "8" in the attached Agreement of Purchase and Sale. 2008 -20 A by -law to authorize the execution of a Subdivision Agreement with 1473944 Ontario Limited respecting Edgewood Estates Subdivision, subject to all conditions of the Agreement being met to the satisfaction of the Director of Planning and Development. 2008 -21 A by -law to amend By -law No. 79 -200, to permit the development of single - detached dwellings on land at the northeast corner of Garner Road and McGarry Drive. AM- 34/2007 2008 -22 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan (OPA No. 79) 2008 -23 A by -law to amend By -law No. 79 -200, to add art galleries and museums as permitted uses within the General Commercial Zone and to rezone certain lands to Open Space. 2008 -24 A by -law to authorize the submission of an application to the Ontario Infrastructure Projects Corporation ( "OIPC ") for funding from the municipal infrastructure investment initiative for a new eligible capital project of the Corporation of the City of Niagara Falls, and to approve the expenditure of funds on said eligible capital project, Drummond Road Reconstruction - Lundy's Lane to McLeod Rd. 2008 -25 A by -law to temporarily amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. ( Heavy Vehicles) 2008 -26 The Mayor and Treasurer are hereby authorized to execute this Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry") and the City of Niagara Falls (the "Municipality ") Related to Funding Provided by the Province of Ontario (the "Province ") to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program as in Schedule "A" attached hereto. 2008 -27 A by -law to authorize the payment of $11,513,842.10 for General Purposes. 2008 -28 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 11 day of February, 2008. 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 Dr. Afrukhteh Art Collection - 15 - February 11, 2008 Council Minutes NEW BUSINESS ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that staff set up a meeting with appropriate stakeholders to work towards an agreement with Dr. Afrukhteh and that information on the condition and cost of the collection be provided for Council's information. Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the meeting be adjourned at 10:00 p.m. Carried Unanimously DEAN C CITY CLERK R.T. (TED) SALCI, MAYOR