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2009/08/31Council met on Monday, August 31, 2009 at 6:00 p.m. in an In Camera Session. All members of Council except Councillor loannoni were present. Councillor Fisher presided as Chairman. Following consideration of the items presented,. the In Camera Session did rise and report in open session. Council met on Monday, August 31, 2009 at 7:00 p.m. for the purpose of considering Regular Business matters. All members of Council except Councillor loannoni were present. Councillor Kerrio offered the Opening Prayer. with Councillor Diodati opposed FIFTEENTH MEETING IN CAMERA MEETING , CITY CLERK R.T. (TED) SALCI, MAYOR REGULAR COUNCIL MEETING ADOPTION OF MINUTES ORDERED on the motion of Councillor Fisher, seconded by Councillor Kerrio that the minutes of July 20, 2009 be approved as printed. ORDERED on the motion of Councillor Wing, seconded by Councillor Thomson that Council defer any action on the matter related to the Oswald Fence. Motion Carried DISCLOSURES OF PECUNIARY INTEREST Committee Room 2 August 31, 2009 Jac Chambers August 31, 2009 Carried Unanimously Councillor Fisher indicated a pecuniary interest to cheque no. 329882, a vacany rebate refund. Councillor Kerrio indicated a conflict to Communication 2A; related to neighbouring property. Councillor Mayes indicated a pecuniary interest to cheque no. 330269, made payable to his place of employment and to report MW- 2009 -60, in the neighbourhood he lives. - 2 - August 31, 2009 Council Minutes Councillor Wing indicated a conflict to MW- 2009 -62 and the Celebration 2012 deputation, both related to the Museum, where her spouse is employed. Mayor Salci indicated a pecuniary interest to cheque no. 339525 made payable to himself. 10 Men in a Tent DEPUTATIONS /PRESENTATIONS Mayor Salci congratulated the organizers and participants of from the 10 Men in a tent fundraiser which raised over $300,000 in donations. On behalf of Council, Mayor Salci presented the participants with a plaque in acknowledgment for their great efforts in helping project share and our community. Jeff Guarasci and Elaine Harvey from Project ShH.A.R.E. were present they expressed their appreciation to all who participated in this great community event. Prince of Wales Winning Jockey Mayor Salci congratulated Corey Fraser, the winning jockey of the Prince of Wales stakes and presented him with a plaque on behalf of the City. Mr. Fraser was raised in Niagara Falls and expressed his appreciation for the recognition. Celebration 2012 Don Jackson and Gord West, Bi- Centennial task force committee members, provided Council with an update on the Celebration 2012 event. Mr. Jackson expressed the Museum Board's appreciation to Council and staff for their continuous support on the expansion project. Councillor Diodati and Pietrangelo exited Chambers. .Auction of City Owned Lands ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Wing that Milan Yagar be permitted to make a presentation. Carried Unanimously Milan Yagar, Swayze Drive, expressed concern regarding his purchase of four City - owned lots on Swayze Drive. Based on nearby amenities, he was under the impression these were serviced building lots. Mr. Yagar felt the advertisements were difficult to determine and asked for Council's consideration or the extension of City services to the property line. ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves that Council receive Mr. Yagar's submission and refer to the appropriate staff for a report at a later date. Councillor Diodati and Pietrangelo returned to Chambers. Carried Unanimously PLANNING MATTERS PD- 2009- 65 -AM- 2009 -015, Zoning By-law Amendment Aplication, Dunn Street (North Side) - Opposite Ailanthus Avenue. Applicant: Pinewood Homes (Tara Colaneri), Proposed 5 to 6 Storey, 56 Unit Apartment Building The Director of Planning and Development reviewed the recommendations and provided the following information. Background A previous application for a 6 storey apartment containing 58 units on the property was not supported by staff and denied by Council. The applicant proposes the development of a stepped form apartment building that is 5 storeys in height toward the street, with 6 storeys at the rear and containing 56 dwelling units. The applicant has requested the zoning to be changed to the Residential Apartment 5C Density with site specific development standards to reduce the minimum landscaped open space, the number of parking spaces and the minimum driveway aisle width. Planning Analysis Provincial Policy Statement - 3 - August 31, 2009 Council Minutes The Provincial Policy Statement and Provincial Growth Plan promote intensification, a mix of housing and the efficient use of land and infrastructure. The proposed zoning would accommodate an intensified form of development and will add to the mix of housing types in the area. The building design has been modified to better fit the area. Official Plan The City's Official Plan designates the subject land and surrounding properties Residential. Policies of the Plan support a variety of compatible housing forms and densities. Infill developments such as the proposal contribute to the City's supply of housing and are an efficient use of existing municipal services. The OP permits apartment buildings of 4 to 6 storeys in height up to a maximum density of 100 units /hectare (40.5 units /acre). This application has a density of 99 units /hectare (40 units /acre) after road widening. This density now complies with the Official Plan and is similar to the density of 95 units /hectare (38 units /acre) for the apartment building across the street. The OP suggests this form of development is to be located at the periphery of residential neighbourhoods with convenient access to arterial roads /public transit and generally in proximity to minor commercial districts, major institutional uses and parks/ open space. This proposal generally satisfies the locational criteria of the OP for apartments being on an arterial road with bus service. Infill development is to be designed and integrated to achieve compatibility and sensitivity in terms of density, height gradation, building mass and arrangement, setbacks and appearance. The revised building design provides a height of 5 storeys for the front portion at the street with the rear portion proposed at 6 storeys. - 4 - August 31, 2009 Council Minutes The stepped back form is an architectural technique utilized to improve compatibility and visually reduce the building scale from the street. The 4 storey apartment building across the street was originally supported at 5 storeys, but reduced by the Ontario Municipal Board through a negotiated settlement. The building to the north is 3 storeys in height with a pitched roof; Cavendish Manor abutting to the east is 2 storeys with a pitched roof. The apartment is placed in the centre of the property and provides a separation from the abutting uses and the street. The landscaped open space shown on the concept plan is concentrated in the front yard and previous parking spaces in this location have been removed to improve the compatibility of the project. Zoning The subject land is zoned Institutional (I). The requested R5C zone allows a maximum height of 6 storeys or 19 m (62.3 ft). The change to the development is acceptable with the stepped form with a maximum of 5 storeys or approx. 15.5 m (51 ft) for the front portion of the building which is an increase of 5.5 m (18.0 ft) greater than the current zoning. The building steps up to 6 storeys or 19 m (62.3 ft) at the rear. The submitted plans indicate a front yard depth of almost 15 m (49.2 ft) whereas the zoning standard is 7.5 m (24.6 ft). It is recommended that the extra setback be included in the zoning approval to ensure the building's position on the lot. The applicant has requested reductions to the landscaping requirements of the R5C zone as well as the parking spaces per dwelling unit ratio and driveway aisle widths for the development. The R5C zone requires a minimum landscaped area of 40% whereas the submitted plan provides landscaping for 35% of the lot area. In order to achieve this: ► The open space area has been increased from the previous application; ► Landscaping has been concentrated between the front of the building and the street and previous parking shown in this area has been removed; ► The perimeter landscaping has been increased by reducing the driveway aisle width. The City's zoning standard requires 1.4 parking spaces for each dwelling unit in multiple residential developments — resulting in 78 spaces for 56 units. The applicant is proposing a ratio of 1.25 spaces /unit which results in 8 fewer spaces on the site. The applicant believes that the proximity of the property to the employment centre in the tourist core will allow tenants to walk to work. The Site Plan Control process will determine specific design details including driveway and parking layout, landscaping, perimeter privacy fencing, lighting, service construction, grading /drainage requirements. In accordance with Official Plan policies for amenity and design, staff recommend that larger /mature trees be provided on the site and along the City boulevard to enhance the compatibility of the development with the area given the building height. Staff note that a portion of the parking area for Cavendish Manor encroaches onto the subject land. This parking needs to be removed and the existing site plan for the retirement home will require an amendment. - 5 - August 31, 2009 Council Minutes Traffic and Parking Division has reviewed the safety audit prepared for the double driveway on Dunn Street and believes the driveway arrangement is not viable. The position and number of driveways is an operational matter which will be addressed as part of the site plan approval process once the study is revised. Conclusion The requested site specific R5C zone for the revised apartment building can be supported for the following reasons: ► The density of the apartment building complies with the Official Plan; ► The site is on an arterial road where apartment buildings are contemplated; ► The stepped building form will create an appearance of a building more in keeping with the heights on properties in the area; ► The R5C zoning will contain special provisions to address the stepped form, increased front yard set back, landscape area and parking ratio; and ► The property will be subject to site plan approval which will address landscaping, fencing, servicing, driveways, parking and refuse area. Recommendation That Council approve the Zoning By -law amendment application to change the zoning to a site specific Residential Apartment 5C Density (R5C) zone to permit an apartment building having 5 storeys at the front stepping to 6 storeys in the rear, containing a maximum of 56 dwelling units. Don Damiano, 6682 Ailanthus Avenue, expressed concerns with the property green space and parking do not comply with the City's Official Plan. She also expressed concerns over the double driveway. Ms. Damiano believes this is a great area for residential but being a new proposal it should be built to comply within the City's Official Plan. Rocky Vacca, Sullivan Mahoney, agent for the applicant, indicated that the original application complied with the everything but the landscaping. The revised application tonight has the landscaping increased to 35 %, height of building reduced to 5 stories and number of units reduced to 56 which complies with the OP density requirement. Parking and Traffic staff were not concerned with the 8 parking spot reduction for this application. Design details will be dealt with at the site plan stage. He reiterated that this application does comply with the City's Official Plan and that it is supported by all abutting neighbours. The Public Meeting was Closed. ORDERED on the motion of Councillor Fisher, seconded by Councillor Kerrio that report D- 2009 -65 be approved as recommended. Councillor Diodati Councillor loannoni Councillor Maves Councillor Thomson Mayor Salci AYE AYE AYE AYE AYE Councillor Fisher Councillor Kerrio Councillor Pietrangelo Councillor Wing AYE AYE AYE NAYE Motion Carried - 6 - August 31, 2009 Council Minutes PD- 2009 -62- AM- 2009 -013, Zoning By -law Amendment Application, 6006 Thorold Stone Road. Applicant: Angelo Marino. Agent: Michael D. Allen Architect Inc. Proposed Used Car Lot The Director of Planning and Development reviewed the recommendations and provided the following information. Background The applicant is requesting a Zoning By -law amendment for a parcel of land currently zoned General Industrial, which does not permit a used car lot, to be rezoned to Light Industrial, which would permit this use. Various site specific provisions are requested to be added to the proposed LI zone. Planning Analysis Official Plan Land is designated Industrial in Official Plan Intended to be used for a variety of industrial uses. OP also directs that a gradation of industrial zones with lighter industrial uses located near residential and other sensitive uses to buffer these uses from heavier industrial uses. The proposal complies with the OP as follows: ► Rezoning the lands to LI reflects the current market trends away from manufacturing. The proposed used car lot does not create any land use conflicts, nor will it impact the vitality of industrial lands located to the south of the property. ► LI zone provides for a transition from heavier industrial uses to the south to the commercial uses in the north. • Adequate landscaping standards will ensure aesthetic qualities to complement this district. Zoning Lands are currently zoned General Industrial (GI) which does not permit a Used Car lot. Applicant is requesting rezoning to LI, which permits a range of light industrial uses and certain automotive commercial uses. Given its location on a significant commercial corridor at the fringe of an industrial area, it is appropriate to rezone the land to a category that permits light industry and limited commercial uses. The following site specific provisions can be accommodated: ► A reduction in required lot frontage, from 30 m (98 ft) to 19.5 m (64 ft) and a reduction in required lot area from 2000 sq m (0.49 ac) to 1619 sq m (0.4 ac) which will recognize the current lot size and configuration. ► A reduction in side yard setback from 3.5 m (11.5 ft) to 2 m (6.6 ft) which will recognize the siting of the existing building. ► A reduction in the road widening protection from 16.76 m (55 ft) from the original centre line of Thorold Stone Rd. to 13.1 m (43 ft) recognizes the current road allowance required by the Region and the City's Official Plan. ► A reduction in the required landscaped open space in the front yard from 67% of the required front yard to a 1.5 m (4.9 ft) wide landscaped open space strip along the front lot line (about 13% of the required front yard) is consistent with the strip provided by Autoline Toyota to the west. The proposed development will be compatible with adjacent developments. Conclusion - 7 - August 31, 2009 Council Minutes The requested amendment to permit a used car lot on the lands can be supported for the following reasons: ► It complies with the intent of the Official Plan with respect to developing complementary uses in industrially designated lands; ► Zoning the site Light Industrial for a gradation of lighter industrial uses towards the fringe of an industrial district; ► Requested site specific provisions recognizing the configuration of the site and siting of the existing building and will provide for a landscaping strip along the front lot line to ensure an attractive streetscape; and ► A new car agency would be compatible with commercial and service uses already developed along Thorold Stone Road. Recommendation That Council approve the Zoning By -law Amendment application to change the zoning to a Light Industrial (LI) zone which will permit a Used Car Lot on the subject land. Michael Allen, Architect, indicated that this is a very straight forward application and a relocation of the business to Thorold Stone Road. The Public Meeting was Closed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves that the report be approved as recommended. -AND- MAYOR'S REPORTS, ANNOUNCEMENTS Carried Unanimously Mayor Salci extended condolences to Tricia Sica, a city employee on the passing of her mother Frances Rysdale; and to Toni Lynn Perrier, a city employee on the passing of her uncle and retired city employee, Frank Moody and to Dave Jackson, city employee and wife of Don Jackson, on the passing of his step- mother, Mary Merrit- Jackson. Mayor Salci advised of an upcoming event, The Lions Club's fundraising dinner. He stated that the GO Service in Niagara Falls continues to be a positive addition to the City. The Mayor congratulated Niagara This Week reporter, Allison Bell. This will be her last Council meeting as she has been accepted to Law School in Ottawa. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Rocco Vacca, Sullivan Mahoney - requesting a waiver in application fees for AM- 2008 -015, Zoning By -law Amendment Application, Dunn Street ( North Side) - Opposite Ailanthus Avenue, Applicant: Pinewood Homes (Tara ) Ltd. (Tara Colaneri) E -mail from Director of Planning & Development RECOMMENDATION: For the consideration of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the request be approved. Motion Carried with Councillor Wing opposed. - 8 - August 31, 2009 Council Minutes 2.a Jane Pepino, Aird & Berlis requesting Council consider a planning report prepared by Urban Strategies Inc. re: Zoning By -law Amendment Application AM- 2009-08 - Hospitality Resorts Inc. And requesting to speak to the matter. -AND- -AND- Memo from the City Clerk Correspondence from Ed Lustig, Broderick & Partners RECOMMENDATION: That Council receive and file the correspondence. ORDERED on the motion of Councillor Wing, seconded by Councillor Pietrangelo that Jane Pepino be permitted to speak. Carried Unanimously Jane Pepino, Aird & Berlis, on behalf of Canadian Niagara Hotels, requested that correspondence be referred to staff for an opportunity to fully review all issues on this matter. Ms. Pepino believes no consideration was given to the majority of parking being off -site and of the long -term commitment of using hydro lands as interim parking. ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves that Mr. Ed Lustig be permitted to speak. Carried Unanimously Ed Lustig, Broderick & Partners, representing Niagara Hospitality Inc., advised that there is no new information for Council to review, all information is existing and planning staff had the opportunity to review the information in preparation of their recommendation report. He pointed out that the public meeting under the Planning Act had concluded and it would be a dangerous precedent to allow parties to revisit applications that they did not agree with Council's decision on. The recourse for such parties is an appeal to the Ontario Municipal Board. Mr. Lustig felt it was unfair to his client to delay things further and requested the passing of the zoning by -law, later on the agenda. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that as per the staff recommendation, the correspondence from Aird & Berlis be received and filed. Councillor Diodati Councillor loannoni Councillor Maves Councillor Thomson Mayor Salci -AND- AYE absent AYE AYE AYE RECOMMENDATION: Refer to staff. Councillor Fisher Councillor Kerrio Councillor Pietrangelo Councillor Wing AYE conflict AYE NAYE Memo from the City Clerk RECOMMENDATION: That Council receive and file the correspondence. Motion Carried 2.b Jane Pepino, Aird & Berlis - outlining her client, Crosslink Bridge Corp., continued interest in the Transit lands. ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves that the communication be referred to staff. Carried Unanimously 3. No Coia - requesting that Council reconsider its' decision regarding parking restrictions on Forest Glen Drive. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the matter be deferred for a report by Transportation Services.. Carried Unanimously 4.a Niagara Health System - response to Council's request for a Public Information session. RECOMMENDATION: For the information of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher to receive and file the correspondence. Carried Unanimously 4.b Town of Fort Erie - resolution supporting the call for a moratorium on major health care restructuring decisions by the Ontario Medical Association. RECOMMENDATION: For the consideration of Council. ORDERED on the motion of Councillor Wing, seconded by Councillor Diodati that Councillor support the resolution. Carried Unanimously 4.c Town of Fort Erie - resolution requesting that the Ministry of Health and Long -term Care continue to fund nurses to manage EMS patients in a transitory unit until a sustainable program is in place. RECOMMENDATION: For the consideration of Council. RECOMMENDATION: For the Approval of Council -9- August 31, 2009 Council Minutes ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that Council support the resolution. Carried Unanimously 5.a Canadian Society for Training and Development - Request that September 21 -25 , 2009 be proclaimed as "Legion @ Work Week" in the City of Niagara Falls. ORDERED on the motion of Councillor Mayes, seconded by Councillor Kerrio that September 21 25 2009 be proclaimed as Legion @ Work Week in the City of Niagara Falls. Carried Unanimously b. Pediatric Oncology Group of Ontario - Request that the month of September be proclaimed as "Childhood Cancer Awareness Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Kerrio, seconded by Councillor Fisher that September 2009 be proclaimed as Childhood Cancer Awareness Month in the. City of Niagara Falls. Carried Unanimously c. M & M Meat Shops - Request that September 17, 2009 be proclaimed as " National Family Dinner Night ", donations will be made to the Crohn's and Colitis Foundation of Canada. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Fisher, seconded by Councillor Thomson that September 17, 2009 be proclaimed as National Family Dinner Night in the City of Niagara Falls. Carried Unanimously - 10 - d. The Canadian Kennel Club - Request September 19 - Responsible Dog Ownership Week. (RDOG Week) RECOMMENDATION: For the Approval of Council August 31, 2009 Council Minutes 26, 2009 be proclaimed as ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that September 19 -26 , 2009 be proclaimed as Responsible Dog Ownership Week in the City of Niagara Falls. CORPORATE SERVICES MATTERS REPORTS Carried Unanimously 1. L- 2009 -34 - Niagara Peninsula Energy Inc. Proposed Purchase from the City Montgomery Street The report recommends that Council approve the Agreement of Purchase and Sale (the "Agreement ") from Niagara Peninsula Energy Inc. ( "Purchaser ") attached to this Report as Attachment "1 ", and that the Mayor and Clerk be authorized to execute the Agreement and the Clerk be authorized to affix the corporate seal thereto. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the report be approved as recommended. Carried Unanimously 2. CD- 2009 -11 - Chief Administrative Officer- Renaming of Highway 420, Part 2 The report recommends that Council decide whether to choose a name for the designating of Provincial Highway 420. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the three potential names for designation of Highway 420, Niagara Memorial Veterans Highway, Niagara Veterans Way and Niagara Falls Expressway, be placed on the City' website in the form of a poll and that the suggested names be sent to the Legion Branches for their input. RATIFICATION OF IN CAMERA COMMITTEE ACTIONS Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the recommendation from the "In Camera ", on August 31, 2009 be approved. Carried Unanimously 1. CD- 2009 -10 - Live Adult Businesses By -law Update That the report be received for the Information of Council. August 31, 2009 Council Minutes CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. BDD- 2009 -04 - People Mover Update. It is recommended for the information of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the possibility of subsequent phases be recognized. Carried Unanimously F- 2009 -43 - Tax Receivables Monthly Report (July). It is recommended for the information of Council. F- 2009 -44 - Municipal Accounts. It is recommended that Council approve the municipal accounts totaling $33,592,369.43 for the period July 3, 2009 to August 12, 2009. MW- 2009 -59 - Mewburn Road Bridge Temporary Closure Status Report and Next Steps. It is recommended that the Town of Niagara -on- the -Lake, Region of Niagara and affected area residents be notified of the extension of the temporary closure of the Mewburn Road Bridge pending the completion of a Municipal Class Environmental Assessment (EA) of alternatives; and That Delcan Corporation be engaged to complete the EA in accordance with their attached proposal dated July 3, 2009 at an upset limit of $60,000 (plus GST and contingencies.) MW- 2009 -60 - Calaguiro Estates Subdivision Phase 2 Sidewalk Elimination. It is recommended that the requirement to construct interior sidewalks in the Calaguiro Estates Phase 2 Subdivision be deleted in exchange for equivalent cash payment to the City to construct a new sidewalk on Dorchester Road (between Calaguiro Drive and Fireman's Park.) MW- 2009 -62 - Lundy's Lane Historical Museum Quantity Surveyor Services Consultant Selection. It is recommended that the firm cm2r Incorporated be awarded the Quantity Surveying assignment for the construction of the Lundy's Lane Historical Museum; and that the Mayor and City Clerk be authorized to executive this agreement. MW- 2009 -63 - Ontario Power Generation Lands - Oakwood Drive - Temporary Access and Construction Licence Agreement Oakwood Place Shopping Centres Inc. It is recommended that the City enter into an agreement with Ontario Power Generation Inc. and Oakwood Place Shopping Centres Inc. for the construction and maintenance of an underground storm sewer and outfall into the Hydro Power Canal; and that the Mayor and City Clerk be authorized to execute the Licence Agreement. MW- 2009 -64 - Fernwood Subdivision, CN Rail Watermain Pipe Crossing Agreement Lundy's Lane ( Mile 26.41 Stamford Subdivision). It is recommended that the Mayor and City Clerk be authorized to sign and execute an agreement with Canadian National Railway Company for the right to construct, use and maintain a new.200mm diameter watermain on Lundy's Lane required for the Fernwood Plan of Subdivision. PD- 2009 -64 - SWC- 2009 -003, That's Amore Pizzeria, Sidewalk Cafe Licence Agreement with the City, 4572 Queen Street. It is recommended that the Mayor and the City Clerk be authorized to execute a Sidewalk Cafe Licence Agreement with Kanagasangary Tharmasangary & Suresh Balendra and Historic Niagara Development Inc. to permit the operation of a sidewalk cafe over a portion of the City sidewalk in front of That's Amore Pizzeria located at 4572 Queen Street. - 12 - August 31, 2009 Council Minutes TS- 2009 -37 - Bridge Street Revisions to Bus Stops and Taxi Stands. It is recommended that this report be received for the information of Council. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Diodati that the reports on the consent agenda 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 2009 -139 and 2009 -141. 2009 -135 A by -law to permanently close part of a highway. 2009 -136 A by -law to authorize the Execution of an Agreement of Purchase and Sale with Niagara Peninsula Energy Inc. Respecting the purchase of lands, being Montgomery Street, in the city of Niagara falls, in the regional Municipality of Niagara. 2009 -137 A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with Kanagasangary Tharmasangary and Suresh Balendra c.o.b. as That's Amore Pizzeria and Historic Niagara Development Inc., respecting the licencing of a Sidewalk Cafe over a portion of City sidewalk in front of That's Amore Pizzeria located at 4572 Queen Street. 2009 -138 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. ( Parking Prohibited, Stopping Prohibited) 2009 -139 A by -law to amend By -law No. 79 -200 to permit the construction of a 56 storey hotel, including a convention centre and a parking structure, to permit a portion of the required parking to be provided off site and to repeal By -law Nos. 2007 -01 and 2007 -02. 2009 -140 A by -law to authorize the execution of an Agreement with Oakwood Place Shopping Centre Limited, Ontario Power Generation Inc. and the City of Niagara Falls, respecting the temporary access and construction licence agreement for Ontario Power Generation Inc. lands on Oakwood Drive. 2009 -141 A by -law to amend By -law No. 79 -200, to permit the construction of a 5 to 6 storey apartment dwelling subject to specific building setbacks, height, parking and landscaping regulations. 2009 -142 A by -law to authorize the payment of $33,592,369.43 for General Purposes. 2009 -143 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. 2009 -144 A by -law to adopt, ratify and confirm the actions of city council at its meeting held on the 31s day of August, 2009. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be read a second and third time and passed. with Councillor Wing opposed to 2009 -139 and 2009 -141. Motion Carried -13 NEW BUSINESS Thorold Stone Road and Montrose ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that staff investigate the need for a appropriately painted lines at the intersection and refer this on to the road authority, the Regional Municipality of Niagara. Carried Unanimously ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that the meeting be adjourned at 9:15 p.m. Carried Unanimously August 31, 2009 Council Minutes DEAN IORFIDA CITY CLERK R.T. (TED) SALCI, MAYOR