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2008/05/26TENTH MEETING IN CAMERA MEETING Council met on Monday, May 26, 2008 at 6:30 p.m. in an In Camera Session. All members of Council were present. Councillor Fisher presided as Chairman. Following consideration of the items presented, the In Camera Session did not rise to report. National Access Awareness Week Brock Badgers REGULAR COUNCIL MEETING Council met on Monday, May 26, 2008 at 7:20 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Councillor Kerrio offered the Opening Prayer. ADOPTION OF MINUTES Due to vacations, the minutes from the May 12 meeting will be delayed until the following meeting. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest. DEPUTATIONS /PRESENTATIONS Committee Room 2 May 26, 2008 ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the communication pertaining to National Access Awareness Week be moved to the beginning of the agenda. Carried Unanimously The City Clerk on behalf of the Disability Advisory committee informed Council that National Access Awareness Week will take place June 1 -7, 2008 and it promotes equal access and participation of persons with disabilities in all aspects of community life. Various activities and functions will be taking place during this week. June 4 there will be a BBQ held in front of City Hall and June 5 the Breaking the Barrier Awards at lakeside Park in Port Dalhousie will be held. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that June 1 -7, 2008 be proclaimed as "National Access Awareness Week" in the City of Niagara Falls. Carried Unanimously On behalf of the members of Council, Mayor Salci congratulated the members of the Brock Badgers Basketball team for winning the 2008 C.I.S. Men's Basketball Championship and presented individual plaques to the Niagara Falls residents from the team. Team Players - Bradlee Rootes, Michael Kemp, Dustin Bianchin Assistant Coach- Brian Mulligan Assistant Coach - Bill Rootes Bob Gale Complex Campaign -AND- Kalar Road `Home for Girls Soccer' - 2 - May 26, 2008 Council Minutes Mick Wolfe, Chair of the Arena Community Fundraising Campaign was pleased to acknowledge some of the donors of the Bob Gale Complex; present were, Mr. Bob Gale and his daughter Jessica Friessen, Members of Lifetime Financial Planning Group, Daniel & Partners, The Long Family, Upper Canada Consultants and F. Pingue & Sons. Bob Gale expressed his excitement for the project. He encouraged everyone to get involved in the Great Seat Sale. Mr. Wolfe reiterated the seat sponsorship options. R- 2008 -20 - Chief Administrative Officer - Bob Gale Complex: Capital Campaign Update It is recommended that the updated list of donations for naming opportunities be received for information purposes. ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the report be approved as recommended. Carried Unanimously R- 2008 -23 - Chief Administrative Officer - Contract for the Supply and Installation of a New Artificial Turf Sports Field at Kalar Park `Home for Girls Soccer' It is recommended that: 1. The proposal (P12 -2008) from Dol Turf Restoration Ltd., for the supply and installation of a new artificial turf sports field at Kalar Park `Home For Girls Soccer' in the amount of $869,334.60 ($827,937.71 + $41,396.89 GST), be approved. 2. That approval be granted for the proposal amount from the 2008 capital budget; and 3. That the Mayor and City Clerk be authorized to execute the necessary agreement. ORDERED on the motion of Councillor Thomson, seconded by Councillor Mayes that the report be approved as recommended. Carried Unanimously -AND- Andrew Howcroft, appreciated the opportunity to update Council on the project. Mr. Howcroft introduced Donna Mantesso, President, Dan Santin, David Jovanovic, members and players Krystina Ruml and Aliya Aziz. A cheque for $100,000 was presented to the City. It represents the first installment towards the artificial turf, Niagara United Soccer Club. PLANNING MATTERS PD- 2008 -46 - AM-46/2006, Official Plan and Zoning By -law Amendment Application Oakwood Drive, South of McLeod Road, Applicant: Oakwood Place Shopping Centre Inc. (Joshua Kaufman), Agents: Mary Bull, Wood, Bull LLB, Glen Scheels, SPS Group, Proposed Major Commercial Development ( Shopping Centre) The Director of Planning and Development reviewed the recommendations and provided the following information. -3 May 26, 2008 Council Minutes Background The applicant has requested amendments to the Official Plan and the Zoning Bylaw for two parcels of land located on Oakwood Drive, south of McLeod Rd. Parcel 1 is 5.54 ha (13.7 ac), Parcel 2 is 8.47 ha (20.9 ac), Parcel 3 is not subject to this application and is proposed to be severed from Parcel 2 through a future severance application. The applicant is proposing to develop a phased 40,000 sq m (430,570 sq ft) shopping centre on Parcels 1 & 2 including the following a 13,500 to 20,500 sq m (143,500 to 220,668 sq ft) new prototype Walmart department store. A 4,800 - 14,000 sq m (51 ,668 to 150,700 sq ft) home improvement store. Up to 7,000 sq m (75,350 sq ft) of small retail stores, personal service shops, commercial services, restaurants, automotive services, recreational and entertainment uses and accommodations. Planning Analysis Official Plan Subject lands currently designated Tourist Commercial. The Official Plan establishes a hierarchy of commercial districts and to recapture retail dollars leaving the City. The Niagara Square Retail District is to be promoted as a regional shopping district. The lands are to be re- designated Major Commercial and become part of the Niagara Square Retail District. Proposal will assist in strengthening the District in its role as a regional retail shopping destination. The addition of a large department store will assist in providing additional shopping opportunities Other stores and services will assist in providing the full range of retail and commercial outlets expected in this District. Market impact study demonstrated development will assist in recapturing retail dollars currently leaving the City. Many of the uses contemplated in the proposed development are permitted under the current Tourist Commercial designation. The lands are suitable for large scale commercial development because of the visibility and easy access from the QEW. The proposed development is considered to be compatible with adjacent commercial and industrial uses. In order to avoid an overbuilt market, the OP requires new commercial development to be justified by a market demand analysis. A Market Demand and Impact Analysis was prepared by Malone, Given Parsons Ltd. and peer reviewed for the City by Joseph Urban Consultants (JUC). The findings and recommendations of these studies are as follows: Department Stores: The relocation of the Wal -Mart store to this site will provide a department store anchor that will strongly reinforce the Niagara Square node. ► The new store is projected to have a short term impact, but sales should 4 May 26, 2008 Council Minutes recover by the year 2014. ► Additional grocery facilities are needed in the southwest part of the City. ► Proposed grocery facilities on the subject land, along with two other planned supermarkets can enter the market without closure of any supermarket facilities. - It is recommended that a minimum department store floor area of 13,500 sq m (145,000 sq ft) be required to provide sufficient size to act as an anchor. ► In order to control the size of the grocery facility, it is recommended that it be restricted to within the department store. Home Improvement Store ► JUC indicated that while a 14,000 sq m home improvement store is supportable, there may be greater market support for a smaller 10,200 sq m (110,000 sq ft) store. Specialty Retail ► In the first phase the proposal is for 7,000 sq m (75,350 sq ft) for retail stores specializing in specific types or groupings of merchandise. ► JUC has concluded specialty retail floor space (up to 7,000 sq m or 75,350 sq ft) could be developed without adversely impacting the inventory of vacant or undeveloped retail floor space that exists in the City. ► If the home improvement store does not materialize, the applicant is proposing to develop an additional 8,400 sq m (90,000 sq ft) for specialty retail stores as Phase 2. ► A minimum floor area of 1,390 sq m (15,000 sq ft) per unit will be required for the Phase 2 to ensure the stores offer sufficient draw. ► The phasing is necessary to give the other nodes and retail space a chance to develop as well as re- merchandising the vacated Wal -Mart space. The OP designates Oakwood Dr. as a collector road with a 23 m. (75.5 ft) wide right -of- way. The proposal will require additional road improvements to Oakwood Dr. and McLeod Rd as the OP did not anticipate the magnitude of traffic expected to be generated by this proposal. The applicant's traffic consultants identified a need for up to four lanes in front of the site along with additional turning lanes into the development and at McLeod Rd. Typical City development standards for a 5 lane profile would require a right -of -way for Oakwood Dr. to be up to 34 m. (112 ft). No additional widening will be required south of the site where the road design will taper down to two lanes. The applicant has concerns about the size of the right -of -way, noting it may affect the development potential of Parcel 2 and has presented options to reduce boulevard sizes. City staff are willing to reduce the required right -of -way from 34m to 28.5m (94 ft) and a right -of -way of 25.1 m(82.3 ft) at the north edge of Parcel 2 to accommodate the developer's concerns about impact on development because the widening is to be taken all on the developer's site. The developer will be required to enter into the appropriate development agreements to build and contribute to the construction of the necessary Oakwood Dr. road improvements. The Region is initiating an Environmental Assessment of McLeod Rd. Cost sharing agreements will be necessary with the Region. An acceptable site design has been submitted subject to modifications. ► Originally, the applicant had designed the project with the department store facing the QEW, with the rear loading and service areas exposed to Oakwood Dr. presenting an unattractive and significant negative impact to the streetscape of Oakwood Dr. ► The applicant re- oriented the building to face south, with the loading and - 5 - May 26, 2008 Council Minutes service areas on the north side of the property and away from street frontages which enhances the project in 2 ways: • It improves the appearance to the public realm; and, • It reduces the building's massing along Oakwood Dr. It is recommended that this re- orientation of the building be secured in the amending bylaw by requiring loading and service areas to be located away from the street frontage. The applicant has requested a reduction in building setbacks from the standard 18m (59 ft) to 6m (19.7 ft) given the road widening and landscaping requirements. This reduction would be acceptable for the smaller satellite buildings as their lower height and smaller massing will not impact on the streetscape. The reorientation of the Wal -Mart has reduced its massing along Oakwood Dr. by 50% so a reduction in the WaI -Mart setback to 12m (39.4 ft) is acceptable. Site Design The City's planning program in recent years with major commercial developments has been to require 15% of the lot area to be landscaped open space with 6m (19.7 ft) wide landscape strips along street frontages. These enhancements are to mitigate the impacts of the large buildings and parking areas associated with large developments. With the reductions in the road allowance widths, it is essential these minimum landscaping standards are provided. The 6m (19.7 ft) ensures abutting street frontages are buffered and provides for snow storage and moreover ensures the snow is not plowed onto the City sidewalks which will abut the property due to the reduced road right -of -ways. Transit has requested that a bus lay -by be provide on -site. This will affect the current parking numbers and layout. Zoning Subject lands are currently zoned Tourist Commercial The applicant is requesting that the zoning be changed to a site specific Planned Shopping Centre Commercial (SC) zone to permit the proposed shopping centre development. The requested zoning provisions involve reductions to the required building setbacks, an increase in lot coverage, maximum and minimum floor areas to reflect the proposed development and the establishment of site specific parking, landscaping and loading requirements. The TC zone permits a range of retail outlets, including food, clothing, souvenir, liquor and drug stores and bakeries, all without caps on floor area. The current zoning also allows other retail stores up to an aggregate floor area of 7,060 sq m (76,000 sq ft). The applicant has requested an SC zoning be applied to the property with a site specific provisions tailored to permit the development. The site specific zoning would also add a home improvement store as a permitted use and include a car rental establishment, a hotel, a motel & a place of worship, already permitted by the TC zone together with appropriate ancillary uses. The proposed zoning bylaw will limit the shopping centre to a maximum of 40,000 sq m (430,570 sq ft) provide for a department store of not less than 13,500 sq m and not more than 20,500 sq m (145,300 to 22,668 sq ft); the home improvement store to between 4,800 and 14,000 sq m (51,668 to 150,700 sq ft) and permit up to 7,000 sq m (75,350 sq ft) of small retail stores. A number of site specific development standards are proposed and/or recommended as follows: ► a building setback from Oakwood Dr. to 6m (19.7 ft) for the small ancillary buildings proposed. A setback for the re- oriented WaI -mart and Home Improvement store to12 m (39.4 ft). ► building setbacks on Parcel 1 from OPG lands to approximately 2m (6.5 ft) is acceptable provided OPG has no concerns. ► A minimum landscaped open space standard of 15% of the lot area with 6m (19.7 ft) wide landscaped strips along Oakwood Dr. ► A required parking ratio of 1 space per 18 sq m (194 sq ft) of floor area to 1 space per 23 sq m (248 sq ft) Staff believes this will assist in achieving the required on -site landscaping and on -site transit facilities. An increase in building lot coverage to 35% of the lot area is supported provided the minimum landscaped open space is provided. Open storage to allow the storage of home improvement products and sporting goods in a screened enclosure will be permitted, in addition to the storage of garden supplies, now permitted. Open storage is incidental to the additional requested uses and is not expected to have visual impacts as long as a properly designed enclosure is provided. This will be detailed at the site plan stage. Conclusion 6 May 26, 2008 Council Minutes The proposed Official Plan amendment to permit the development of a shopping centre on the land is in general conformity with the objectives of the Official Plan for the following reasons: The addition of a department store on the land will provide an anchor to strengthen the Niagara Square Retail district. The proposal is suitable for the site and compatible with adjacent land uses. The proposal is supportable from a market standpoint. Provided necessary improvements are made to the surrounding road network, the infrastructure can support the development. The proposal, along with enhanced landscaping provides for acceptable design features. The amending zoning bylaw will regulate the size and use of the buildings on the property and the development components, and will provide acceptable development standards. Recommendation That Council approve the Official Plan and Zoning Bylaw amendment application to permit a shopping centre development on the land, subject to the standards recommended in this report. That the applicant enter into the necessary development agreements with the City and the Region to provide the required road upgrades outlined in this report, prior to development occurring. Joel Farber, solicitor for RRVP Niagara Square Inc, owner of the Niagara Square Shopping Centre requested that Council defer consideration of this application. He believed that existing approved developments should be given an opportunity to proceed before new developments are given approval. In addition, he felt that the 15,000 square foot minimum sizes proposed for Phase 2 should be set out in the by -law for Phase 1. Niagara Square is concerned that they have capacity for smaller sized stores and their facility should be filled before other similar sized developments are given approval. Mr. Farber outlined the issues with the Ministry of Transportation regarding who should be responsible for overpass/ on ramp improvements at the highway interchange. -7- May 26, 2008 Council Minutes John Sorokolit, Consulate Ventures Inc., Mississauga, advised that they are the owners of the 1.5 acres immediately north of the subject land fronting onto Oakwood Drive and the former owners of the parcels of the application. He advised that they are opposed to the proposed site plan which would have the back of the WaI -Mart facing their property. He would like to see a change to the orientation of the building. James Amadio, owner of JellyStone Niagara Camp Resort, 8676 Oakwood Drive, advised that he is not opposed to the development but expressed his concerns with the possible traffic congestion during the construction phases, especially during the summer. He requested that they be kept informed of disruptions to traffic flow. Luciano Butera, owner of KIA dealership on Oakwood Drive, advised that he and his family are in full support of this application. They believe it will increase traffic and have a positive impact on the area, surrounding businesses and nearby housing development. Elaine Sui, Land Development Associate, SmartCentres, outlined the project team members. Glen Scheels, GSP Group, reiterated that the developer could go ahead with development on the site based on current zoning. They could not, however, develop multiple uses in one floor area. He outlined the studies that had been completed and the economic impact. The development will strengthen the commercial node. Other issues outlined will be dealt with during site plan. The developer has agreed to the proposed orientation. The Public meeting was closed. ORDERED on the motion of Councillor Fisher, seconded by Councillor Wing that the recommendation report be approved with the amendments that staff work with developer mitigating impacts related to the orientation of the building on the adjacent property, and that the adjacent neighbouring property be included in the site plan process. Carried Unanimously ORDERED on the motion of Councillor Diodati, seconded by Councillor Fisher that staff investigate the idea of the money allocated for development of the bike lane be considered for development of the Millennium Trail, west of the canal, instead. Carried Unanimously PD- 2008 -51 - 26CD -11- 2008 -04, Draft Plan of Vacant Land Condominium, 3232 Montrose road ( East Side), Opposite Matthews Drive, Owner: 1736194 Ontario Limited ( Fred Sacco ). The Director of Planning and Development reviewed the recommendations and provided the following information. Background Applicant proposes to register a Vacant Land Condominium over the 3.42 ha (8.45 ac) site to create vacant Tots for the future construction of 70 townhouse units. Plan of condominium subdivision will permit the individual ownership of each unit in the development with the private driveway, visitor parking and some landscaped areas shared by the condominium corporation. Public Meeting Recent revisions to the Planning Act effective January 2007 require a public meeting for vacant land condominium applications which is satisfied by tonight's meeting. Recommendation That Council consider input received at the Public Meeting and refer all matters to staff for review of the Draft Plan of Vacant Land Condominium. - 8 - May 26, 2008 Council Minutes Ed Lustig, agent for the applicant, advised that they are supportive of the staff recommendations with an exception of the conditions suggested by the Region, numbers 16 & 17. He advised that if these conditions are permitted it will result in a change with the setbacks requiring the plans to be reconfigured. Mr. Lustig indicated that no other condo development on Montrose had required these conditions. Units will face inward, therefore, daylighting triangles seem unnecessary. He advised that the Region has withdrawn condition # 30. Finally, he reiterated from the public meeting regarding the planting of additional trees and informed Council that they had meet with the residents concerned. The Public Meeting was closed. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the report be approved omitting conditions # 16, 17 & 30 from the report. Carried Unanimously PD- 2008 -50 - 26T -11- 2008 -01, Public Meeting, Deerfield Estates Phase 8 Draft Plan of Subdivision, Kalar Road (West Side), South of Lundy's Lane, Owner: River Realty Development ( 1976) Inc. The Director of Planning and Development reviewed the recommendations and provided the following information. Site Plan 5.165 ha (12.76 ac) 35 single detached units (yellow) - R1 E zone 13 semi - detached or 26 small single lots (orange) — R2 zone Up to 44 apartment or townhouse units (brown) — R5B zone ► Proposed mix of housing units designed to meet density targets ► Purpose of meeting is to obtain Public input. ► No decision will be made at tonight's meeting. John Mestik, on behalf of River Realty Development, informed Council that he was pleased with the staff report and recommendations and was available to address and questions or concerns of Council. The Public Meeting was closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the report be approved as recommended. MAYOR'S REPORTS, ANNOUNCEMENTS Carried Unanimously Mayor Salci offered condolences to Rita Pullia, a city employee, on the passing of her mother, Margaret Krause; Karen Canali, a city employee, on the Toss of her father George Sanduleac and to the family of the later Benny DiDomenico, who was a retired City Employee. Council requested condolences to the families of Mario Delinardo and Carl Young. Mayor Salci advised of some recent events in the community: May 17 the Canadian Corps Association Unit 104 held their 70 Anniversary and Prime Minister Harper recently visited St. Catharines. Mayor Salci advised of some upcoming events: 10 Annual World Challenge Day will be held on May 28 , 2008; Springlicious Festival will take place downtown May 30- June 1st; on June 3 the Mayor's Youth Advisory will be hosting their annual City -wide Student Film Festival; the 125 Anniversary of the City's Fairview Cemetery will be - g - May 26, 2008 Council Minutes celebrated June 7t at 10:00 a.m. and the 7th Annual Matthew Daniele Memorial Golf Tournament will take place Sunday June 8 at the Niagara Falls Golf and Country Club. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Clifton Hill BIA - 2008 Budget RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Fisher, seconded by Councillor Thomson that the communication be approved . Carried Unanimously 2. Energy Conservation Week - requesting that May 25 -31S 2008 be proclaimed as " Energy Conservation Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the communication be approved. Carried Unanimously 3. Spina Bifida & Hydrocephalus Association of Ontario - request that the month of June be proclaimed as Spina Bifida & Hydrocephalus Awareness Month in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Fisher, seconded by Councillor Thomson that the communication be approved. Carried Unanimously CLERKS MATTERS REPORTS CD- 2008 -07 - Chief Administrative Officer - Filling Committee Vacancies The report recommends: That Council consider filling the vacancies on the Arts & Culture Committee and Park in the City Committees; and That Naveen Shihani be approved to fill the vacancy on the Municipal Heritage Committee; and That the out -going members be sent a letter from the Mayor's Office thanking them for their service. ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that the report be approved as recommended and that the following appointments be approved. Arts & Culture Committee John Archibald Wendy M. Sturgeon Warren D'Ambroise Douglas Vanasselstine Park in the City Committee Elizabeth Manker Jean ( Teddy) Weadon Don Johnson RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that the actions taken in Community Services Committee, on May 26,2008 be approved. Carried Unanimously 1. The minutes of the April 28, 2008 meeting be approved and that the minutes of May 12, 2008 meeting be approved as amended. 2. PD- 2008 -48 Presentation of the Sylvia Place Market Feasibility Study Urban Marketing Collaborative - 10 - May 26, 2008 Council Minutes 1) That Committee accept, in principle, the recommendations of the Sylvia Place Marketing Feasibility Study prepared by Urban Marketing Collaborative, IBI Group and Bob Usher. 2) That staff be directed to develop an implementation plan which will include a development phasing program. 3) That staff look at external funding options and investigate Section 37 opportunities. 4) That the Transit Study Consultants confer with the Urban Marketing Collaborative Team to consider the possibility of a transit transfer station. 3. R- 2008 -19 Revisions to the Public Art Policy That Council approve the replacement of the current Public Art Policy with the new Public Art Policy. 4. R- 2008 -21 Niagara Falls Zero Tolerance Policy - The R -Zone That Council approve the City of Niagara Falls R -Zone Policy. 5. TS- 2008 -32 Dock Street Parking Control Review That a thirty (30) metre extension of the permissible parking area on the northeast side of Dock Street between a point 15 metres northwest of Welland Street and a point 45 metres northwest of Welland Street be approved. 6. That Planning Staff review the policies for the downtown area to allow public art display, sandwich boards, and outdoor cafes. 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. Councillor Fisher requested that F- 2008 -21 be voted on separately. F- 2008 -21 - 2008 Property Tax Rates. It is recommended that Council approve the 2008 Property Tax Rates. ORDERED on the motion of Councillor Mayes, seconded by Councillor Wing that report F- 2008 -21 be approved as recommended. Motion Carried with Councillors Kerrio, Fisher and Thomson opposed - 11 - May 26, 2008 Council Minutes F- 2008 -22 - Final Tax Notice Due- Dates for Residential, Pipeline, Farmland and Managed Forest Assessment Classes. It is recommended that June 30 and September 30 be approved as the 2008 Final Due Dates for the Residential, Pipeline, Farmland and Managed Forest Assessment Classes. F- 2008 -23 - Financing of Owner's Share of Local Improvements. It is recommended that an interest rate of 4.45% be used in the determination of the costs to be paid to the City as a local improvement charge. MW- 2008 -27 - Request for Proposal Development Charges Update Study. It is recommended that City staff be authorized to request a proposal from C.N. Watson and Associates Ltd. To review the current Development Charges By -law and update the background study. MW- 2008 -26 - Amendment to By -law 2007 -161 Collection of Rates for the Use of Water and Water Related Services. It is recommended that Council adopt the amendment to By -law 2007 -161, listed under the by -law section on the Council agenda, that would allow the City to establish the water account and bill the homeowner upon issuance of the building permit. MW- 2008 -28 - Tender # 2008 - 189 -07 Britannia Crescent, High Street, Depew Avenue and Cadham Street Watermain Replacement. It is recommended that the unit prices submitted by the lowest tenderer Cotton Incorporated be accepted for the above noted contract and; that approval be granted for the contract amount from the 2008 Capital Budget and; that the Mayor and City Clerk be authorized to execute the necessary agreement. MW- 2008 -29 - Tender # 2008 - 194 -07 Welland Street & Roosevelt Street Watermain Replacement. It is recommended that the unit prices submitted by the lowest tenderer Vic Vatrt Contracting Ltd. be accepted for the above noted contract; and that approval be granted for the contract amount from the 2008 Capital Budget and; that the Mayor and City Clerk be authorized to execute the necessary agreement. MW- 2008 -30 - Tender #T11 -2008 Heavy Vehicle Purchasing. It is recommended that the tender for the purchase of Two (2) Latest Model Trucks, Cab & Chassis with 6.0 cu.yd. minimum Dump Body /Spreader, All Season Combination Equipped with Power Operated Snowplow & Wing be awarded to Archer Truck Services Ltd. of St. Catharines in the amount of $377,209.45; and that approval be granted for the tender amount from the 2008 Capital Budget; and that staff be authorized to sign the necessary Purchase Order and related documents associated with this purchase. MW- 2008 -32 - Montrose Business Park Municipal Services Extension - Phase 1 Detailed Design, Consultant Fee Amendment. It is recommended that Council authorize staff to amend the current Consultant Services Agreement with Denco Engineering Ltd. to reflect the additional design requirements beyond the original scope of works at an upset limit of $ 15,000. PD- 2008 -47 - Designation of All Saints Anglican Church - Withdrawal of Objection. It is recommended that Council receive this report for information only. PD- 2008 -49 - CB & FIG /03 /08, Facade Improvement Grant Application C. & A. Tartaglia and S. & M. DiPietro, 4622 -4624 Ontario Avenue. It is recommended that Council approve the application for a Facade Improvement Grant in the amount of $ 6,000, subject to meeting the program requirements including entering into an agreement with the City. TS- 2008 -33 - Deerfield Estates Phase 1 Regulatory Signs - Update to By -law 89 -2000. It is recommended that the regulatory signs outlined in this report be approved for the first phase of the Deerfield Estates Subdivision. TS- 2008 -34 - Desanka Avenue Parking By -law Update. It is recommended that a " no parking" restriction be installed on the west side of Desanka Avenue between Forestview Boulevard and Christopher Crescent; and that a "no parking" restriction be installed on the east side of Desanka Avenue between Forestview Boulevard and a point 17 metres south of Christopher Crescent. - 12 - May 26, 2008 Council Minutes TS- 2008 -35 - Parking and Traffic By -law 89 -2000 - Various Updates to Schedules. It is recommended that the parking and traffic by -law updates be approved to match existing conditions. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the reports on the Consent agenda be approved as recommended. Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be given a first reading. 2008 -86 2008 -87 2008 -88 Private Members Bill BY -LAWS Carried Unanimously A by -law to establish Part of Block 44, Plan 1 and Part of Lot 33, Plan 34, Stamford, as a public highway, to be known as and to form part of Dunn Street. A by -law to establish Part Township Lot 148 Stamford designated as Part 1 on Reference Plan 59R -13607 as a public highway, to be known as and to form part of Dorchester Road. A by -law to amend By -law No. 79 -200, to permit a place of worship, a community kitchen and an emergency shelter, and to repeal By -law No. 96- 28. (AM- 2008 -007) 2008 -89 A by -law to make a certain appointment. 2008 -90 A by -law to set and levy the rates of taxation of City purposes, for Regional purposes, and for education purposes for the year 2008. 2008 -91 A by -law to impose special rates to provide for the payment of the owner's portion of the cost of certain local improvements. 2008 -92 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. 2008 -93 A by -law to establish Part Township Lot 73 Stamford as a public highway, to be known as and to form part of Orlando Drive. 2008 -94 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 26 day of May, 2008. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be read a second and third time and passed. NEW BUSINESS Carried Unanimously ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that Council support the Private Members' Bill proposing the extension of E.I. Benefits for Parents of Children with Long Term Illnesses. Carried Unanimously DEA ORFI ITY CLERK c - 13 - ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the meeting be adjourned at 10:00 p.m. Carried Unanimously May 26, 2008 Council Minutes R.T. (TED) SALCI, MAYOR