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2009/06/29TWELFTH MEETING IN CAMERA MEETING Council met on Monday, June 29, 2009 at 5:30 p.m. in an In Camera Session. All members of Council were present. Mayor Salci presided as Chairman. Following consideration of the items presented, the In Camera Session did rise and report in open session. REGULAR COUNCIL MEETING ADOPTION OF MINUTES Committee Room 2 June 29, 2009 R.T. (TED) SALC!, MAYOR Chambers June 29, 2009 Council met on Monday, June 29, 2009 at 7:30 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Councillor Thomson offered the Opening Prayer. ORDERED on the motion of Councillor Fisher seconded by Councillor Pietrangelo that the minutes of June 8 2009 be approved as printed. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Councillor Fisher indicated a pecuniary interest to cheque no. 328945, a refund made payable to a company she owns and also the Niagara Parks Commission manner, as a member of her immediate family works for the Parks. Councillor Kerrio indicated a conflict to AM- 2009 -008, it is a neighbouring property; also to communication 3a and 3b as he is a property owner in the respective BIA's. Councillor Mayes indicated a pecuniary interest to cheque no. 328793 and to communication 2b as they relate to his business. Councillor Thomson indicated a conflict to By -law 2009 -104 as the developer is adjacent to his employer and he is a member of the Advisory Committee for Mt Carmel. Councillor loannoni indicated a pecuniary interest to cheque no. 328440 made payable to her spouse. Mayor Salci indicated a pecuniary interest to cheque numbers 328875 and 329298 made payable to himself. - 2 - June 29, 2009 Council Minutes DEPUTATIONS /PRESENTATIONS Stamford Centre Volunteer Firemen's Association Glen Mercer, President of the SCVFA made a brief presentation advising Council of the Association's plans to build the new hall at Firemen's Park. Mr. Mercer asked that Council consider waiving of the building permit fees and development charges of the new hall. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that Council provide a grant equal to the fees associated with the building permit and development charges related to the new SCVFA hall. Preserve Our Parks Pat Salci - Mangoff, on behalf of the Preserve our Parks group, stated there is a civic interest in issues surrounding the Niagara Parks. Any decrease in maintenance will have a detrimental affect on tourism. Also, she felt the processes of the Parks, including tendering, should be transparent and open to public scrutiny. ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that Council send a letter to the Premier asking that the Niagara Parks Act be amended to allow the municipal representatives the ability to report back to their respective Councils; or, in the alternative that the representation on the Niagara Parks Commission be restructured to set out clear lines of responsibility. Councillor Diodati Councillor loannoni Councillor Mayes Councillor Thomson Mayor Salci AYE AYE AYE AYE AYE Councillor Fisher Councillor Kerrio Councillor Pietrangelo Councillor Wing DEVELOPMENT CHARGES Carried Unanimously Conflict AYE AYE AYE Carried Unanimously MW- 209 -45 - Chief Administrative Officer - 2009 Development Charges Background Study Final Report. The report recommends that: 1. The repot be received for information. 2. That public input be received at the public meeting held June 29, 2009. 3. That staff present a final report for the consideration of council noting options. Geoff Holman, Director of Municipal Works, provided Council with a brief powerpoint presentation outlining the purpose of tonight's Public Meeting, to review the findings in the 2009 Development Charges Background Study and received input from the Public and Development community. Mr. Holman advised that from tonight's recommendations, staff will come back with a report for July 20 2009 with a recommendation for Council's consideration. Cam Watson, Watson and Associates Economists Ltd. provided an overview of the 2009 Development Charge Background Study and addressed issues of the Core Tourist Area charge and the possibility of phase in of charges. Harry Oakes, HOCO Entertainment Resort, representing the Clifton Hill BIA, addressed a few concerns with the proposed 2009 Development Charges background study. Mr. Oakes asked if the calculations were done prior to the passport requirement, which has had a negative affect on tourism. - 3 - June 29, 2009 Council Minutes ORDERED on the motion of Councillor Mayes, seconded by Councillor Kerrio that the report be received as information. Carried Unanimously Background Planning Analysis ► Once convention centre is built: PLANNING MATTERS PD- 2009 -49 - AM- 2009 -008, Zoning By -law Amendment Application, 6361 Fallsview Boulevard, Southwest corner of Stanley Avenue and Murray Street and South Side and North Side of Robinson Street West of Allendale Avenue. Applicant: Hospitality Resorts Inc. ( Vince DiCosimo, President) Agent: Ed Lustig, Broderick and Partners LLP Removal of Requirement fora Convention Centre in a Hotel and Permitting a Majority of the Required Parking for the Hotel Off -Site. The Director of Planning reviewed the recommendations and provided the following information. The applicant is requesting amendments to the Zoning By -law for 4 parcels of land. Parcels 1 & 2 are owned by the applicant and Parcels 3 & 4 are owned by Hydro One Networks and used for transmission purposes. The applicant has a lease agreement to use Parcels 3 & 4 for parking. The applicant is requesting a zoning change to: ► Amend the provision that requires the Hilton Hotel to include a convention centre as part of the hotel use; ► Reduce the amount of required parking on -site from 85% to 30% and to allow up to 55% of the required parking to be provided off -site on leased lands. (Parcels 3 & 4). No changes are proposed for Parcel 2. Removing the requirement that the hotel include a convention centre is acceptable. ► The zoning for the Hilton Hotel requires the development to include a convention centre of at least 2,400 sq m (25,834 sq ft). ► The applicant does not intend to construct the convention centre space at this time given that the Niagara Falls Convention Centre is expected to satisfy the need. ► The present development is a large hotel complex which already includes a ballroom and meeting space plus a number of restaurants, retail stores and accessory uses. ► The option will be retained to construct a convention centre on the top of the parking garage (along Stanley Ave) in the future. Permission to provide off -site parking in consistent with previous decisions. ► The OP generally discourages the provision of off -site parking as it causes traffic congestion on City streets when vehicles are driven to and from remote parking lots. ► Council has granted off -site parking for 14 different hotel properties with an average 54% provided on -site and 46% off -site, (some require no parking on- site). ► The current zoning by -law requires 85% of required parking is to be provided on -site in a parking garage with 15% of the required parking off -site on Parcel 2. In addition, temporary zoning approval has been granted for 35% of required parking to be provided on Parcel 3 until January 2010. ► Currently, with no convention centre: ► Required parking spaces — 871 comprised of 506 on -site, with stackers; 102 on Parcel 2 and 263 spaces on Parcel 3 Conclusion - 4 - June 29, 2009 Council Minutes • Required parking spaces — 995 — comprised of 333 on -site, without stackers; 102 on Parcel 2 and 388 on Parcel 3 and 172 on Parcel 4. Under this full build -out scenario, 30% of parking will be on -site with 70% of parking off -site. ► Parcels 3 & 4 have 11 years left in a license with Hydro One and because there is no guarantee that the lease will be extended beyond 2020, the amending by -law should contain a provision requiring the parking to be replaced at a location appropriately zoned within 6 months of the termination of the lease. This will ensure that the uses in the Hilton Hotel will not be out of compliance if the lease is terminated. ► The applicant provided a traffic study which analyzed the impacts of off -site parking on the surrounding road network. ► The study concluded that although the proposal will result in an increase in traffic and congestion at the intersections of Murray & Allendale and Murray & Stanley, the traffic volumes are still within acceptable parameters. ► The proposal to provide required off -site parking does not in itself appear to create any intolerable traffic issues on the surrounding road network. ► While traffic generated by this specific proposal can be accommodated, future approvals for off -site parking may result in traffic issues on surrounding roads. The Transportation Master Plan will address the future impact of off -site parking. ► The applicant has requested the same site specific parking stall, aisle dimensions and tandem parking for Parcel 4 that apply to the other parcels. These are reductions that were justified through a parking study submitted with the original application in 2004 and there are no concerns with extending these standards to Parcel 4. As all of these lots are only to be accessed by valet drivers, there are no concerns with this request. ► Landscaping and fencing should be required on Parcels 3 and 4 to assist buffering residential uses to the west. ► Parcels 3 & 4 are designated Tourist Commercial, in part and Residential, in part under the Official Plan. Boundaries are approximate unless defined by roads, railways and rivers, and allows for minor boundary adjustments, if the general intent of the plan is maintained. ► The plans submitted with the application illustrate that 6 m (20 ft) wide landscape strips are proposed between the parking area and properties to the west and along street frontages. If properly planted, these landscape strips should provide an adequate buffer for the residential and institutional uses to the west and also provide a pleasing streetscape. These should be secured in the amending by -law. ► Parking on Hydro Corridor ► Previously, the position was that parking on the hydro corridor was to be limited to the east half. ► Past approvals have breached this guideline. ► The City's parking lot for the Niagara Civic and Convention Centre is located on the Hydro corridor abutting residential lands. ► Site Plan Control is applicable ► An amendment to the site plan agreement will cover the following: ► As built changes to the Hilton Complex - parking garage, reduction in floors ► Landscape and buffering details for Parcel 3 & 4 • Parking lot surfacing and drainage details - surface to remain gravel until storm sewers are available. The requested Zoning By -law amendment can be supported for the following reasons: ► The elimination of the provision to require a convention centre in the Hilton Hotel provides flexibility in providing these facilities; ► Reducing the requirement for the provision of on -site parking and allowing a portion June 29, 2009 Council Minutes of the required parking to be off -site is consistent with previous approvals and does not appear to create any unacceptable traffic impacts; ► The by -law should contain provisions which necessitate required parking be provided within 6 months of the termination of the lease of Hydro lands; and ► Provision of a 6 m (20 ft wide) landscaped strip adjacent to the west lot line and fencing adjacent to residential lots will satisfy the intent of the Official Plan with respect to buffering non - tourist commercial uses from the adverse impacts of tourist uses. Recommendation That Council approve the Zoning By -law amendment application: ► To remove the provision to require that the Hilton Hotel include a convention centre; ► To reduce the amount of required parking to be provided on the same site as the hotel from 85% to 30 %; and ► To allow Ontario Hydro lands to be used to supply 55% of the required parking spaces for the hotel on a permanent basis, subject to the landscaping and fencing requirements set out in this report. Jane Pepino, Aird & Berlis, on behalf of Canadian Niagara Hotels, indicated that her client is not opposed to the application but objects to the proposed change to permit the majority of parking for the Hilton Hotel to be permanently accommodated off Hilton property on lands not owned by the developer, in particular, parcels 3 and 4. She questioned whether the permanence of the parking made the lease between the developer and Ontario Hydro null and void. She asked that the matter be referred back to staff. Barry Yabsley, 5618 Peer Street, is opposed to the application. He felt it eliminated green space and that parking lots do not provide the ideal gateway between Historic Drummondville and the tourist core.. Harvey Gordon, 5655 Robinson Street, is opposed to off -site parking on parcel 4. He expressed his concern with the traffic congestion and questioned whether the parcel was necessary in light of the decision to not proceed with the convention space within the development. Ed Lustig, Broderick & Partners, representing the applicant, indicated that his client is his full support of the staff report and recommendations. He indicated that staff suggested the removal of the convention space but that his client may consider it in the future. Mr. Lustig advised Council of the arrangement made with Ontario Hydro to allow up to 55% of their required parking to be used on the hydro lands. He assured Council that Hydro had signed off on the arrangement, the possibility for long -term arrangement and the fact that the Niagara Civic Convention Centre's required parking is all on leased lands. Mr. Lustig pointed out that the parking is not just a zoning requirement but a business requirement. It would behoove the client to have inadequate parking. His client is in full support of providing buffering /landscaping etc and encourage any residents with concern to discuss their issues and be involved in the site plan process. Mr. Lustig indicated that parcel 4 would be the last parcel to be utilized for parking. The Public Meeting was Closed. ORDERED on the motion of Councillor Diodati, seconded by Councillor Mayes that the meeting go past 11:00 p.m. Carried with Councillors loannoni and Thomson opposed. - 6 - June 29, 2009 Council Minutes ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that recommendation # 1, to remove the provision to require that the Hilton Hotel include a convention centre, be approved. Councillor Diodati Councillor loannoni Councillor Maves Councillor Thomson Mayor Salci AYE AYE AYE AYE AYE ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that recommendations 2 and 3 of Recommendation report PD- 2009 -49 be denied. Councillor Diodati Councillor loannoni Councillor Maves Councillor Thomson Mayor Salci NAYE AYE NAYE NAYE NAYE ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the public meeting be continued on July 20 to address the issues of the leased lands. Councillor Diodati Councillor loannoni Councillor Maves Councillor Thomson Mayor Salci Councillor Diodati Councillor loannoni Councillor Maves Councillor Thomson Mayor Salci AYE AYE NAYE NAYE NAYE ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that recommendations # 2 and # 3 of Recommendation report PD- 2009 -49 be approved; and that the residents be included in the site plan process but that Parcel 4 be paved with appropriate drainage; and That the City Solicitor be satisfied with the validity of the lease between Hydro One Networks and the applicant and the authority of the applicant to have permanent parking on the leased lands. AYE NAYE AYE AYE AYE Councillor Diodati exited Chambers. Councillor Fisher Councillor Kerrio Councillor Pietrangelo Councillor Wing Councillor Fisher Councillor Kerrio Councillor Pietrangelo Councillor Wing Councillor Fisher Councillor Kerrio Councillor Pietrangelo Councillor Wing Councillor Fisher Councillor Kerrio Councillor Pietrangelo Councillor Wing MAYOR'S REPORTS, ANNOUNCEMENTS AYE Conflict AYE AYE Motion Carried NAYE Conflict NAYE AYE Motion Defeated NAYE Conflict AYE AYE Motion Defeated AYE Conflict AYE NAYE Motion Carried Mayor Salci offered condolences to Councillor Maves and his family on the passing of his mother -in -law, Eveyln Hunchberger. Mayor Salci advised of some recent events: the public announcement of the Infrastructure Stimulus Funding for Niagara and the inaugural GO Train to Niagara, which included a ceremonial ride by dignitaries Minister Jim Bradley, Chairman Peter Partington and Judy Knight and VP of Corporate Infrastructure for GO. He indicated that on Canada Day, GO will be offering promotional rate providing people with the opportunity to purchase round trip ticket for the price of one. Mayor Salci advised of some upcoming events: a press announcement regarding the City's RINC application will take place at the Girls Home for Soccer on Kalar Road, the annual Canada Day Parade and activities, which will include the official unveiling of the City's Coat of Arms and the Support the Troops Niagara Rally at the Royal Canadian Legion on Spring Street. - 7 - June 29, 2009 Council Minutes COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Royal Canadian Regiment - that July 11 be proclaimed as "Support the Troops" day. RECOMMENDATION: For the Approval of Council. 2.a Club Italia - that a Fireworks display be allowed in conjunction with the Club's annual picnic on July 12, 2009. 2.b Great Wolf Lodge - that a Fireworks display be allowed for the hotel guests on August 3 and September 6 RECOMMENDATION: For the Approval of Council, subject to providing the appropriate insurance in the form requested by the City. 3.a Victoria Centre B.I.A. - that the 2009 budget be approved. 3.b Fallsview B.I.A. - that the 2009 budget be approved. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Councillor Wing, seconded by Councillor Thomson that the communications be approved as recommended. Carried Unanimously with Councillor Mayes declaring a conflict on 2b and Councillor Kerrio on 2 a &b. LEGAL MATTERS REPORTS L- 2009 -27 - Chief Administrative Officer - Permanently Close and Declare Surplus Green Avenue. The report recommends that a portion of Green Avenue shown hatched on Attachment "1", be permanently closed and declared surplus, and offered for sale by way of auction on July 11, 2009. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Kerrio that the report be approved as recommended. Councillor Diodati returned to Chambers. Carried Unanimously CLERKS MATTERS CD- 2009 -07 - Chief Administrative Officer - Renaming of Highway 420 The report recommends that Council choose a name for the designating of provincial Highway 420. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the report be referred to the City Clerk to consult with Council members to come back with some specific recommendations from the list of submissions. Carried Unanimously - 8 - June 29, 2009 Council Minutes CD- 2009 -08 - Chief Administrative Officer - Adult Entertainment Appeal The report recommends that based on the recommendation of the Adult Entertainment Appeals Committee, the appeal be granted and a licence be issued for one - year conditional upon the applicant not being convicted of any further crimes and that staff again approaches the Police Services Board about taking over all appeals heard under the city's Live Adult Businesses By -law (2002 -197). ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati that the report be approved as recommended. 1 The minutes of the May 25, 2009 meeting be approved. 2. Sign By -law Request Carried Unanimously RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati that the actions taken in Community Services Committee, on June 29, 2009 be approved. Carried Unanimously That Anthony Annunziata, on behalf of Vann Media, be invited to make application regarding the requested signs, without prejudice, and the staff prepare a recommendation report. 3. Transit Agreement: That this report be received for information of Council. 4. F- 2009 -37 Water Account Collections - Residential Tenanted Accounts 1. That the report be deferred for staff to work with the landlords, through a well advertised meeting, and Niagara Peninsula Energy to prepare a report on the various alternatives available to protect landlords from delinquent tenants; and 2. That Council's representatives bring forward the issue of privacy restrictions related to tenant accounts to the Niagara Peninsula Energy Board. 5. MW- 2009 -50 Review of City Buildings That staff proceed with the review of all City owned buildings as per the process outlined, without obtaining appraisals at this time. 6. PD- 2009 -39 AM- 30/2004, Official Plan Amendment Application Proposed Northwest Urban Boundary Expansion 1. That the area proposed for an expansion to the urban area boundary in the northwest quadrant of the City be designated as the next growth area by the Region and the City. 2. That the Region be advised of the above recommendation as the City's comments on the Regional Policy Plan Amendment #196. 7 PD- 2009 -50 Matters Arising from Municipal Heritage Committee That Council consider the following recommendations concerning matters arising from the Municipal Heritage Committee: 1. the recommendation of the Municipal Heritage Committee regarding the rezoning and merging of lots north of the Spence Weaver House be referred to staff for discussion with Mr. & Mrs. Barclay to be addressed in a future report as directed by City Council on June 8, 2009; 2. the restoration of the stone stair railings be re- tendered in accordance with the specifications of the Municipal Heritage Committee; and 3. that Council endorse the recommendation of the Municipal Heritage Committee concerning the replacement of the verandah floor at 2992 St. Paul Avenue. RATIFICATION OF "IN CAMERA" RECOMMENDATIONS 9 June 29, 2009 Council Minutes ORDERED on the motion of Councillor loannoni, seconded by Councillor Thomson that the recommendations from the "In Camera" meeting on June 29, 2009 be approved. 1. That the City decline to repurchase the land known as Lot 20 in the Montrose Business Park and described for greater certainty as Part 22 on Plan 59R -13527 of the Land Registry Office in the Land Registry Division of Niagara South (No. 59), pursuant to its rights under paragraph 3( c) of schedule "B" to the Agreement of Purchase of Sale between 1533074 Ontario Inc. and The Corporation of the City of Niagara Falls dated January 14, 2008; and That Business Development Staff work with Transforce to assist them in finding a suitable purchaser for the subject property. 2. That staff be authorized to proceed with the acquisition of the property fronting 6214, 6248 and 6230 Kalar Road as set out in the recommendation report; and 3. That Council receive the legal advice and opinion from the Solicitor and Staff be directed to come back with a public report on process surrounding the Voluntary Exit Program and any savings realized from the Program. Carried with Councillor loannoni opposed to item #3. 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. CPS - 2009 -05 - Crawford Adjusters Canada, Amendment of Agreement for Insurance Adjusting Services. It is recommended that the amended Schedule A of the Independent Claims Adjusting service Agreement with Crawford Adjusters Canada be approved. F- 2009 -35 - Tax Receivables Monthly Report. It is recommended for the information of Council. - 10 - June 29, 2009 Council Minutes F- 2009 -36 - Municipal Accounts. It is recommended that Council approve the municipal accounts totaling $33,906,967.52 for the period April 29, 2009 to June 10,2009. MW- 2009 -43 - Historic Drummondville CIP Area Consultant Appointments . It is recommended that the Mayor and Clerk be authorized to execute the required Consultant Services Agreements with Kerry T. Howe Ltd. And Harp Engineering and Design Inc. At the respective upset limits set out in the report. MW- 2009 -44 - Kalar Road Sanitary Sewer Replacement Consultant Fee Adjustment - Associated Engineering. It is recommended that the Consulting Services Agreement with Associated Engineering Ltd., be amended to reflect the completion of additional design requirements beyond the original scope of the works at an upset limit of $12,000 (including 10% continency). MW- 2009 -46 - Tender #2009 -03, Asphalt Overlay City Wide. It is recommended that the unit prices submitted by the lowest tenderer Brennan Paving Ltd, be accepted and that the Mayor and City Clerk be authorized to execute the necessary agreement. MW- 2009 -47 - Tender #2009 -002, Sidewalk and Concrete Repair City Wide. It is recommended that the unit prices submitted by the lowest tenderer Alfidome Construction Limited be accepted; and that the Mayor and City Clerk be authorized to execute the necessary agreement. MW- 2009 -48 - Consultant Appointment Low Lift Pumping Station Chippawa Sewer Flooding Relief Analysis. It is recommended that the City enter into a consulting services agreement with CH2M HILL Canada Limited for the Chippawa Sewer Flooding Relief Analysis for an upset limit of $31,1119.00 excluding GST; and that the Mayor and City Clerk be authorized to execute the necessary consulting services agreement. MW- 2009 -49 - Tender # T07 -2009, New Equipment Purchase. It is recommended that the Tender be awarded for the purchase of: a) Four (4) Wagon type Vehicles be awarded to Border Pontiac Buick GMC LTD. (Cullen Group) in the amount of $85,595.24. b) Four (4) FWD Cargo Vans be awarded to Performance Chrysler Dodge Jeep in the amount of $90,648.60. c) Two (2) Extended Cab Pick -Up trucks be awarded to David Chevrolet Corvette LTD. in the amount of $39,766.96. d) Ten (10) Standard Cab Pick -up trucks be awarded to David Chevrolet Corvette LTD. in the amount of $164,505.40; and That staff be authorized to sign the necessary Purchase Order and related documents associated with this purchase. PD- 2009 -47 - SWC- 2009 -002, Sidewalk Cafe Licence Agreement 4317 Queen Street, Queens Restaurant. It is recommended that the Mayor and the City Clerk be authorized to execute a Sidewalk Cafe Licence Agreement, with Radinka Kuntos and Nemanja Kuntos to permit the operation of a sidewalk cafe over a portion of the City Sidewalk in front of the Queens Restaurant located at 4317 Queen Street. PD- 2009 -48 - Request for Deeming By -law, Lots 6,7,8, 30 and Part Lot 11, Plan 54, Owner: Mario Criveller, 1788615 Ontario Limited, 6853, 6863 and 6871 Lundy's Lane. It is recommended that Council pass the by -law appearing on tonight's agenda to designate Lots 6, 7, 8, 30 and Part Lot 11, Plan 54 to be deemed not to be within a registered plan of subdivision. PRC- 2009 -26 - Tender TR05 -2009, Landscape Development of Niagara Falls Lions Park (Phase 1). It is recommended that tender TR05 -2009 be awarded to Touchstone Site contractors for the tendered price of $222,246.000 plus GST; and that the Mayor and City Clerk be authorized to execute the necessary agreement. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that the reports on the Consent agenda be approved as recommended. Carried Unanimously - 11 - June 29, 2009 Council Minutes RESOLUTIONS NO. 28 - FISHER - MAVES therefore be it resolved that Regional staff be respectfully requested to expedite the extension of Thorold Stone Road in time for the Spring of 2010 opening of the Gale Centre. -AND - PRC- 2009 -25 - Chief Administrative Officer - Gale Centre Arena Construction Update The report recommends that: 1. That the quarte rly report on the Gale Centre arena project be received for information purposes. 2. That a resolution be sent to the Regional Municipality of Niagara from the City of Niagara Falls stressing the importance of having the extension of Thorold Stone Road completed by the Region to coincide with the opening of the Gale Centre. ORDERED on the motion of Councillor Fisher, seconded by Councillor Mayes that the report be approved as recommended. Carried Unanimously BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be given a first reading. Motion Carried with Councillor Wing opposed to By -law 2009 -104 and Councillor Thomson indicating a conflict to 2009 -104. 2009 -103 A by -law to designate Lots 6, 7, 8, 30 and Part Lot 11, Plan 54 to be deemed not to be within a registered plan of subdivision. (SPC- 2009 -006) 2009 -104 A by -law to provide for the adoption of Amendment No. 90 to the City of Niagara Falls Official Plan. (OPA No. 90) 2009 -105 A by -law to permanently close part of a highway. 2009 -106 A by -law to declare Green Avenue Plan 87 Stamford lying north of Watson Street, in the City of Niagara Falls, surplus. 2009 -107 A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with Radinka Kuntos and Nemanja Kuntos c.o.b. as Queens Restaurant, respecting the licencing of a Sidewalk Cafe over a portion of City sidewalk in front of Queens Restaurant located at 4317 Queen Street. 2009 -108 A by -law to authorize the payment of $33,906,967.52 for General Purposes. 2009 -109 A by -law to authorize the execution of an Agreement with Church at the Falls respecting the Adopt -A- Street public service program for volunteers. 2009 -110 A by -law to amend By -law 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Magdalen, Clifton Hill, St. Clair & St. Lawrence Ave.) 2009 -111 A by -law to establish a reserve fund for the development and sale of surplus lands. 2009 -112 A by -law to establish a reserve fund for the Niagara Falls Sports Foundation. 2009 -113 2009 -114 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 29 day of June, 2009. ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that the by -laws be read a second and third time and passed. Motion Carried with Councillor Wing opposed to By -law 2009 -104 Councillor Thomson indicating a conflict to 2009 -104. Charwood Avenue ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that staff bring back a report on ground water at 7692 Charnwood Avenue and surrounding properties. Niagara Health System - 12 - June 29, 2009 Council Minutes A by -law to authorize the execution of an Equipment Lease Agreement with St. Catharines Transit Commission, respecting the rental of five buses from St. Catharines Transit Commission to the City to facilitate GO Transit arrivals - and departures. NEW BUSINESS Carried Unanimously ORDERED on the motion of Councillor Diodati, seconded by Councillor loannoni that a letter be sent to the Niagara Health System (NHS) with the following questions and that copies be sent to the LHIN, the Minister of Health and Long -term Care David Caplan, M.P.P. Kim Craitor, M.P.P. Tim Hudak and M.P.P. Peter Kormos: 1. Will the NHS honour their own Hospital Improvement Plan (HIP), and not make any further changes to labour and delivery, temporary or otherwise, until the new hospital is completed? 2. Will the NHS respect the direction of the meeting of the OB's and the NHS, of approximately two years ago, where it was concluded that it was not a good idea to go from three to two Labour and Delivery sites and that the status quo of three operating sites should be maintained? 3. Will the NHS be prepared to funnel some of the hundreds of thousands of ongoing bonus (stipend) money that has been going to the on -call obstetricians and pediatricians at the Welland hospital (in addition to their regular pay), to help fund nurses in Niagara Falls, that have been ordered to work in St. Catharines? ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that the meeting be adjourned at 11:50 p.m. Carried Unanimously c Carried Unanimously DEAN IORFIDA'CITY CLERK R.T. (TED) SALCI, MAYOR