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2010/06/28IN CAMERA MEETING TENTH MEETING Council met on Monday, June 28, 2010 at 4:00 p.m. in an In Camera Session. All members of Council, except Councillor Wing were present. Councillor Pietrangelo presided as Chairman. report. Following consideration of the items presented, the In Camera Session did rise to DEAN IORF,YDA, CI Y CLERK Korea Veterans Association REGULAR COUNCIL MEETING Council met on Monday, June 28, 2010 at 8:00 p.m. for the purpose of considering Regular Business matters. All members of Council were present except Councillor Wing were present. Giuliana Mascia played the Violin. Councillor Kerrio offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Councillor Mayes, seconded by Councillor Kerrio that the minutes of June 14, 2010 be approved. DEPUTATIONS /PRESENTATIONS DISCLOSURES OF PECUNIARY INTEREST Committee Room 2 June 28, 2010 I i X S R.T. (TED) SALCI, MAYOR Council Chambers June 28, 2010 Carried Unanimously Mayor Salci indicated a pecuniary interest to cheque no. 337305, made payable to himself. George Barrett, President and Nick Ross, of the Korea Veterans Association made a brief presentation to Council and requested that Council proclaim July 5 to 12 as " Korea Veterans Week" and that an associated flag raising be held. ORDERED ion the motion of Councillor Thomson, seconded by Councillor Pietrangelo that July 5 to 12 2010 be proclaimed as "Korea Veterans Week" and a flag raising be held. Carried Unanimously Municipal Heritage Awards Background Zoning 2 June 28, 2010 Council Minutes Mayor Salci presented Dr. John Bacher with the Natural Heritage Award. PLANNING MATTERS PD- 2010 -51 - AM- 2010 -010 - Zoning By -law Amendment Application, 4400 - 4424 Montrose Road, Applicant: Marcel Dionne Inc., Agent: Chris Cristelli. Proposed Restaurant and Retail Sales Ancillary to a Warehouse The Director of Planning and Development reviewed the recommendations and provided the following information. An amendment is requested for a 1.2 ha parcel of land. The applicant is requesting a 70 seat restaurant and retail sales ancillary to a warehouse be permitted in an existing building on the property. The property is zoned Light Industrial (LI) which does not permit a restaurant. Ancillary retail sales of goods are limited to those produced on -site but retail sales of goods warehoused on the site is not permitted. The applicant is requesting site specific provisions be added to the LI zoning of the property to permit the proposed restaurant and 25% of the warehouse floor area to be used for retail sales. Site specific provisions are also requested to recognize a 0 m. side yard on the south side and a 1.5 m. side yard on the north side and no landscaping in the front yard. The applicant has also submitted a request for passage and registration of a deeming by- law to allow the subject lands to be merged and considered one lot. Planning Analysis Official Plan The land is designated Industrial in the OP and is intended to be used for a variety of industrial uses and complementary uses such as restaurants and retail showrooms. The proposal conforms to the OP as follows: ► The proposed restaurant has 70 seats ► The proposed retail showroom will be limited to 25% of the warehouse floor area (less than 100 sq. m ) These uses are small in scale, most of the site will remain for industrial purposes. ► The proposed uses are grouped together in a multiple use complex. ► The site provides parking in excess of that required. ► Provision of landscaping strip will assist in meeting OP objectives of providing attractive business park setting for complementary land uses. To ensure that the requested restaurant and retail showroom do not create a significant commercial function they should be limited to the size proposed (70 seats for the restaurant and 25% of the warehouse floor area for the retail showroom). A reduction of front yard landscaped open space from 67% for the required front yard to 0% is requested to recognize existing site conditions. However, providing a minimal amount of landscaping here would beautify the site and assist in screening Montrose Road and the mainly residential areas to the west from the site's parking area as well as providing room for snow storage. - 3 - June 28, 2010 Council Minutes As the parking aisle in front of the building is in excess of the minimum width required for an aisle (8.6m exists vs. 6.3 m required by by -law) a 2m wide landscaped strip could be accommodated and would not impact the parking supply. It is recommended that a condition be put in the amending by -law requiring an agreement be executed to secure a 2 m. wide landscape strip along the frontage of the property to the City's satisfaction prior to the issuance of a building permit. The applicant has also requested a reduction in side yard setbacks from 3.5m to 1.5m on the north side and 0 m on the south side to recognize the siting of the existing buildings on the property. Staff have no concerns with this request. Deeming By -law Although the subject lands function as one lot, they consist of 3 separate lots in a plan of subdivision. As the buildings on the lot straddle lot lines they techn'cally result in some parking being located on a lot not occupied by the use. This is contrary to the Zoning By- law. If all the subject lands are deemed to be no longer within the registered subdivision, they will be able to merge and be treated as one large parcel for zoning purposes. Conclusion The applicant has requested a zoning amendment to add a restaurant and retails sales ancillary to a warehouse as uses permitted on the property. The applicant has also requested a `deeming by -law' under the Planning Act to allow the subject lands to merge together. These requests can be supported because: ► The proposal complies with the OP for commercial services and other complementary land uses permitted in industrial districts; ► The restaurant and retail showroom will occupy only a small part of the development on the property and will not detract from the primary industrial use of the property. ► Sufficient parking exists to serve the existing and proposed uses; ► A landscaped strip along the front lot line to buffer the parking area is recommended and will require the execution of an agreement; and ► The subject lands will be treated as one parcel for zoning purposes once the deeming by -law is registered. Recommendation That Council approve the application to add site specific provision to the Light Industrial zoning of 4400 -4424 Montrose Road to permit a restaurant and retail sales ancillary to a warehouse use in an existing building on the property, subject to a condition in the Zoning By -law to require the execution of an agreement to secure a 2 m. wide landscaped open space strip along the front of the property. That Council pass a by -law to deem Lots 2, 3 and 4, Plan 160 Stamford to no longer be within the registered plan of subdivision. Jean Grandoni, R R # 2 asked for clarification on the location of the application. Michael Manella, advised Council of his concerns with possible noise emanating from the restaurant, as he owns residential properties across the street. Chris Cristelli, Agent for the applicant, indicated that the use is recognized in the Official Plan. The changes are within the footprint of the existing building and are to complement the promotional aspect of the business. There is no intention to serve dinner or have an outdoor patio. The agent pointed out that the applicant is a tenant and, therefore, he should not be required to provide landscaping, which is in the control of the property owner. The Public Meeting was Closed ORDERED on the motion of Councillor Maves, seconded by Councillor Thomson that the application be approved with an amendment omitting, subject to a condition to secure a 2 metre wide landscaped open space along the front of the property. Carried Unanimously - 4 - June 28, 2010 Council Minutes PD- 2010 -50 - AM- 2010 -009, Zoning By -law Amendment Application. City Owned Lands on the East and West Sides of Montrose Road, North of McLeod Road and McLeod Square Inc. Owned Lands on the West Side of Montrose Road, North of McLeod Road. Applicant: City of Niagara Falls and McLeod Square Inc. Rezoning Lands Site Specific Residential Apartment 5C Density and General Commercial Zones. The Director of Planning and Development reviewed the recommendations and provided the following information. Background Amendments are proposed for 4 parcels of land totaling 9.4 ha (23.3 ac.) on the west and east sides of Montrose Rd, north of McLeod Rd. The proposal is to: ► reflect that certain lands owned by the City will remain parkland; ► provide for the lands on the west side of Montrose Rd. are to be developed for apartment and /or townhouse use; and ► allow a parcel on the east side of Montrose Rd to be developed for commercial purposes. Two neighbourhood open houses were held (April 27 and May 19, 2010). Four residents attended the meetings. No objections were expressed regarding the proposed rezoning. The residents did have questions and concerns about the proposed park: ► drainage concerns behind the dwellings on Charnwood Ave., ► location of the entrance and parking for the park, and ► All terrain vehicles accessing the park. One resident expressed concerns about lighting impacts from the future Lowe's store to the south. Planning Analysis Official Plan Parcel 1 is on the boundary between the Major Commercial and Open Space designations and is interpreted to be Open Space. Lands designated Open Space are intended to be used for major public parks and other recreational uses. Developing Parcel 1 for a park use reflects the intent of the Open Space designation. The OP designates Parcels 2, 3 & 4 Major Commercial within the Niagara Square Retail District. Lands designated Major Commercial are intended to be primarily developed with a wide range of commercial uses that will strengthen this district's role as a regional retail shopping district. The use of commercial lands for residential developments is also permitted if they are surplus to commercial needs. 5 June 28, 2010 Council Minutes The development of Parcels 2 & 4 for residential purposes complies with the OP as follows: ► These lands are surplus to commercial need and cannot be incorporated into the proposed commercial development at Montrose and McLeod Roads due to the limited depth of these parcels. As such, multiple -unit residential use can be better accommodated on the lands. ► Residential units next to shopping centres will provide a market to support the commercial uses. ► The height and density in the proposed residential zone (up to 6 storeys and 100 units /ha) is in keeping with Official Plan policies which call for more intensive residential development in proximity to Major Commercial Districts. This development would provide residents within walking distance to support businesses in the Niagara Square Retail District. ► The proposed residential development is separated from low density residential areas to the north and west and will not impact on these areas. ► The development has direct access to the arterial road network as well as the City's transit system. Commercial traffic patterns will not be adversely affected by the development. ► Parcel 3 is designated Major Commercial. The proposed commercial zone complies with the OP. Zoning The proposed OS zone for Parcel 1 is the same zoning that applies to the parkland to the north and west and reflects the intent of the City to develop this parcel as parkland. The R5C zone proposed for Parcels 2 & 4, typically permits apartment dwellings up to 6 storeys and a density of 100 units /ha. To provide flexibility in design and housing types, the site specific R5C zone will also include townhouse dwellings and group dwellings (groupings of 2 or more apartment and /or townhouse dwellings) as permitted uses in accordance with the provisions of the R4 zone. A mix of apartments and townhouses in these parcels may provide an opportunity for a transition in use and design between commercial uses to the south and lower density residential use further to the north. The R4 and R5C standards require buildings to be set back from side lot lines a distance of 50% of the building height, require 40% of the area of a lot developed for an apartment dwelling to be landscaped and requires 45 sq. m. of landscaped open space per townhouse dwelling unit. These standards would provide amenity areas for residents in the development. Holding (H) Symbol Parcels 2 and 4 are adjacent to the former City landfill site. Therefore, the necessary Environmental Site Assessments and a Record of Site Condition should be a requirement prior to any redevelopment with a residential use. As such, a holding (H) symbol will be applied to the zoning on the lands, which can be lifted once a Record of Site Condition has been filed. Parcel 3 is within the area over which Council applied a holding (H) symbol requiring landowners to enter into an agreement to make financial contributions to improvements to the McLeod Rd /QEW interchange. As well, the Niagara Peninsula Conservation Authority has advised that an Environmental Impact Statement is to be completed prior to development of this property to ensure the woodland to the east is not impacted. To reflect Council's earlier decision and to ensure the Environmental Impact Study is completed, Parcel 3 should also be subject to a holding (H) symbol. In addition, the following site specific provisions are proposed: ► Minimum lot frontage be increased from 30 m to 45 m and the rear yard depth be reduced from one -half building height or 10 m for apartment dwellings and 7.5 m for townhouse dwellings to 6 m . ► Given the increase in minimum lot frontage, it would be appropriate to permit more than one apartment building per lot as group dwellings. To ensure privacy is provided to future residents, a separation distance of 19 m between apartment buildings on the same lot (equivalent to the height of a typical 6 storey apartment building) is proposed. 6 June 28, 2010 Council Minutes The proposed site specific GC zone for Parcel 3 would permit a wide range of commercial uses to support the Niagara Square Retail District. The following site specific provisions are proposed: • To ensure lot sizes are of a sufficient size to accommodate the anticipated uses, the minimum lot frontage will be increased from 6 m to 60 m. ► As the GC zone does not require a front yard building setback, it is recommended that a front yard setback of 6 m be introduced to provide adequate distance separation from Montrose Rd. • A 6m wide landscaped open space strip adjacent to Montrose Rd. should be introduced to reflect the landscaping expected for this area and to enhance the appearance of the Niagara Square Retail District. Conclusion The zoning proposals are simultaneous applications by the City and McLeod Square Inc. The applications would place: • Parcel 1 under an Open Space zone to recognize that it will become a City park; • Parcels 2 and 4 under a site specific Residential Apartment 5C Density zone to permit them to be developed for multiple family residential purposes; and ► Parcel 3 under a site specific General Commercial zone to permit it to be developed for general commercial purposes. These requests can be supported because: • Parcel 1 is to be retained by the City and maintained as part of Charnwood Park; Parcels 2 and 4 are surplus commercial lands and the OP allows surplus commercial lands to be considered for residential purposes; Higher residential densities are permitted on arterial roads in close proximity to commercial areas; and Parcel 3 is designated Major Commercial and is part of the Niagara Square Retail District. Holding symbols should be placed on Parcels 2 & 4 to ensure a Record of Site Condition is completed before development and on Parcel 3 to ensure the developer enters into an agreement to contribute to the QEW /McLeod Rd interchange improvements and completes and EIS. Recommendation That Council approve the application to rezone Parcel 1 an Open Space zone, rezone parcels 2 and 4 a site specific Residential Apartment 5C Density zone and rezone Parcel 3 a site specific General Commercial zone, subject to the placement of a holding symbol on Parcels 2, 3, and 4 and subject to the regulations addressed in the staff report (PD- 2010 -50) The Public Meeting was Closed. ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the report be approved as recommended. Carried Unanimously - 7 - June 28, 2010 Council Minutes PD- 2010 -40 -AM- 2009 -24, Official Plan Amendment to Incorporate New and Updated Environmental Policies, City of Niagara Falls. The Director of Planning and Development reviewed the recommendations and provided the following information. Background The purpose of the amendment is to update the City's Natural Heritage policies in response to changes to Provincial legislation and to be consistent with the upper levels of government. An open house was held on November 26, 2009 with draft policies available for review and comment. Notice for this Public meeting was forwarded to all individuals and groups that had expressed an interest in future meetings in addition to the standard notification process. Draft policies and notices have been posted to the City's website. New Policies The draft policies expand upon existing policies, providing more detailed mapping and protection policies The main difference is the inclusion of natural heritage areas on the mapping that were previously referred to only in the text of the Official Plan. The current policies have been re- organized so that all natural heritage policies are within one section. Two subsections are proposed Natural Heritage Policies and Land Use Designations LAND USE DESIGNATIONS The 2007 Provincial Policy Statement prohibits site alteration /development within: • Provincially Significant Wetlands; significant habitat of endangered species and threatened species; and fish habitat; and • significant woodlands, significant wildlife habitat and significant areas of natural and scientific interest (ANSI) or on lands adjacent to any natural heritage feature unless it has been demonstrated that there will be no negative impacts on natural features or their function The current policies have one designation: "Environmental Protection Area" which: ► applies to wetlands, ANSI's, hazard lands, organic soils and steep slopes. ► only shows flood plains, some fish habitat and environmentally sensitive areas on Schedule A A split of the current designation into 2 is proposed: Environmental Protection Area • Where no site alternation or development is permitted Environmental Conservation Area ► Where site alteration or development may be permitted where supported by the appropriate studies Site alteration or development on 'adjacent lands' is also subject to the appropriate studies The following slides show how the mapping of the natural heritage features within the Land Use Designations and adjacent lands were created: Natural Heritage System These policies provide for: Watershed Planning ► Assessing the impact of development and land use on natural heritage features at a watershed scale to identify their interdependence, connectivity and function. • Watershed Plans will guide the management of water, land /water interactions and water quality for future land uses. ► Appendix III -E identifies the location of completed watershed plans and those currently underway. Environmental Impact Studies ► Required for development proposals located on or adjacent to natural heritage features Corridors and Linkages • Maintaining and improving connections between natural heritage features Water Quality ► Maintaining and improving water quality through vegetative buffers along waterways, water conservation methods, storm water management plans and development setbacks. Woodland & Forestry Resources ► Encouraging the retention of trees everywhere in the City through good stewardship, tree conservation by -law and tree savings plans. • The draft policies contain provisions for Council to consider the development of a compensation programs for trees destroyed prior to or as a result of development. Other changes to various sections of the Official Plan are proposed to updates references to the Environmental policies. Implementation The lands designated EPA and ECA will be placed in corresponding zones in the City's Zoning By -law The lands identified as adjacent lands in Schedule A -1 will be subject to a holding provision. ► With an environmental impact study that shows that development will not have a negative impact on natural heritage features or functions, the holding provision can be lifted without further public meeting or cost to the applicant. Conclusion 8 June 28, 2010 Council Minutes The proposed Official Plan Amendment, with the inclusion of any modifications suggested to address comments received, can be approved as: ► The policies are in compliance with and implement Provincial and Regional Policies ► The policies have been drafted with input from the Niagara Region, Niagara Peninsula Conservation Authority and the public • The public was invited to give additional input at this point with final Official Plan amendment presented on July 19, 2010 Recommendation 9 June 28, 2010 Council Minutes It is recommended that Council receive the additional input and refer to staff for appropriate revision and bring the Official Plan Amendment back for adoption at the July 19, 2010 Council meeting. Dr. John Bacher felt the policies were a good step but they should go beyond minimum standards. Jean Grandoni felt the language could be stronger, from "encourage" to "shall protect ". She felt the Region's Tree By -law needs to be strengthened with appropriate penalties. Ms. Grandoni also felt that the superior levels of government need incentives to encourage farmers. Ed Lustig, Broderick & Partners, representing Thundering Waters Development Corporation, indicated that minutes of settlement at the OMB were entered into between his client and Dr. Bacher. He indicated that fifteen months of study had been done, including inspection by the MNR, resulting in 40% of the site is to be protected. Mr. Lustig requested that 30m buffering be delineated and not indicated as EPA lands. The Public Meeting was Closed. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that the recommendation report be approved. MAYOR'S REPORTS, ANNOUNCEMENTS Carried Unanimously Mayor Salci offered condolences to Brenda Flores, a transit operator, on the passing of her mother, Helen Bacon and to the family of the late Shirley Carr, an upstanding member of our community. Mayor Salci advised of some recent events: the brand new Gale Centre arena grand opening, the GO Transit announcement for a $1.4 million upgrade to the platform at the Niagara Falls Train Station and the live broadcast of Breakfast TV. Mayor Salci advised of the upcoming Canada Day Celebration and parade. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1.(a) Victoria Centre BIA - Requesting approval of their 2010 budget. RECOMMENDATION: For the approval of Council. ORDERED on the motion of Councillor Fisher, seconded by Councillor Mayes that the communication be approved as recommended. Carried Unanimously 1.(b) Fallsview BIA - Requesting approval of their 2010 budget. RECOMMENDATION: For the approval of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the communication be approved as recommended. Carried Unanimously 2. Serbian Club - Requesting July 10 be proclaimed as "Nikola Tesla Day ". RECOMMENDATION: For the approval of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that the communication be approved as recommended. Carried Unanimously 3. R &C- 2010 -13 - Swimming Pool Fees 2010 - 10 - June 28, 2010 Council Minutes RECOMMENDATION: Council approve the waiving of public swimming admission fees at the five outdoor pools in Niagara Falls for the Summer of 2010. ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati that the report be approved as recommended. with Councillor Thomson opposed. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS Motion Carried ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the actions taken in Community Services Committee, on June 28, 2010 be approved. Carried Unanimously 1) The minutes of the June 14, 2010 meeting be approved. 2) PRESENTATION: That Council support the proposed changes to the QEW as presented by Genivar. 3) REPORTS: a) MW- 2010 -23 Sinnicks Avenue Drainage That the following report be received for the information of Council. b) MW- 2010 -45 Sam's Montrose Hotel Update That payment in the amount of $47,615.45 be made to the owner of Sam's Montrose Hotel in consideration for the costs incurred for constructing a municipal sewer across the Q.E.W. right -of -way to the benefit of the adjacent lands. c) MW- 2010 -48 Mewburn Road Bridge Closure Update ► That the Mewburn Road Bridge Class Environmental Assessment (June 2010) be received and the preferred alternative to replace existing structure be approved. • That staff be directed to pursue opportunities for funding from the Federal Gateways and Border Crossing Fund, Canadian National Railways and the Region of Niagara. ► That the Notice of Study Completion be advertised effective June 29, 2010. d) CAO- 2010 -06 Gale Centre Alarms Deferred. e) FS- 2010 -09 Open Air Burning That Council support the existing open air burning by -law. f) F- 2010 -43 Water Sustainability Plan Report That Council approve the Water Report as submitted. g) F- 2010 -39 Water Billing Update - 11 - June 28, 2010 Council Minutes That Council approve the monthly billing of combined water /hydro accounts by Niagara Peninsula Energy Inc. effective August 2010. h) F- 2010 -40 2009 Reserves & Reserve Funds That the City Council receive this report on the 2009 activity in reserves and reserve funds. I) PD- 2010 -52 Request by the Downtown BIA to Utilize Funds from the Downtown CIP Reserve That the request by the Downtown BIA be approved. 4) NEW BUSINESS: That the petition presented by Mr. Zappitelli, regarding Riall Street, be referred to staff for a report. 5) R &C- 2010 -15 - Advertising Policy The report recommends that Council approve the Advertising Policy with the amendment that no political advertising be permitted. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the policy be approved with the issue of political advertising to be deferred. Carried Unanimously RATIFICATION OF IN CAMERA COMMITTEE RECOMMENDATIONS ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the recommendation from the "In Camera" meeting on January 25, 2010 be approved. MW- 2010 -44 - Kalar Road Appraisal 1. That staff be authorized to proceed with the accusation of the necessary properties required to construct the road improvements for Kalar Road from Lundy's Lane to Beaverdams Road, as set out in the report. People Mover 2. That the Mayor and Clerk be authorized to execute any and all agreements and documents related to the People Mover. Carried Unanimously - 12 - June 28, 2010 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. PD- 2010 -48 - Heritage Designation of the former Parks, Recreations and Culture Building. The report recommends Council pass the By -law to designate the property at 7565 Lundy's Lane, the former Parks, Recreation and Culture Building as a building having cultural heritage value or interest. PD- 2010 -49 - Regional Development Charges. The report recommends that Council request that Regional Council direct that staff conduct a further public consultation meeting with municipalities and the development and business communities to obtain additional input prior to considering alternative mechanisms for determining Regional Development Charges. PD- 2010 -53 - Update the Memorandum of Understanding for Improving the Planning Function in Niagara. The report recommends: ► That Council approve the Addendum to the Memorandum of Understanding (MOU) for Improving the Planning Function in Niagara, attached as Appendix 1. ► That the revisions, outlined in the Action items of the Addendum, be incorporated into the existing MOU, attached as Appendix 2. ► That staff implement the MOU, as amended, in collaboration with Niagara Region, area municipalities, and Niagara Peninsula Conservation Authority. CD- 2010 -06 - Compliance Audit Committee. The report recommends that the Clerks be directed to continue working with the Area Clerks participating in the Niagara Compliance Audit Committee to ensure compliance with Section 81 and 81.1 of the Municipal Elections Act (the "Act "). F- 2010 -38 - Municipal Accounts. The report recommends that Council approve the municipal accounts totalling $35,449,887.32 for the period May 6, 2010 to June 9, 2010. F- 2010 -37 - Major Receivables (May). The report recommends that Council receive the Monthly Tax Receivables report for information purposes. L- 2010 -09 - Release of Agreement, Parcels and Lots on Plan NS42. The report recommends that the release of a Subdivision Agreement dated December 5, 1973 and registered on title to the Parcels and Lots on Plan NS42 ( "subject land "), is hereby approved and authorized. MW- 2010 -30 - Tender 2010 -16 -T.V. Inspection of Sewers Contract. The report recommends: 1. The contract be awarded to 284612 Ontario Limited o/a Bob Robinson & Son Construction at the tendered price of $62,412.80. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. - 13 - June 28, 2010 Council Minutes MW- 2010 -41 - Tender 2010 - 230 -09, Drummond Road Reconstruction Phase II. The report recommends: 1. The contract be awarded to the lowest bidder Alfidome Construction Ltd. at the tendered price of $2,627,373.74 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. MW- 2010 -42 - Tender 2010 -02 & 2010 - 217 -08, Sidewalk Repair & New Sidewalk Construction. The report recommends" 1. That the City of Niagara Falls award the tenders for the Sidewalk Repair and New Sidewalk to Alfidome Construction Ltd. 2. That the Mayor and City Clerk be authorized to execute the necessary agreement. MW- 2010 -47 - Tender 2010 - 208 -08, First Avenue, Second Avenue and Bridge Street Road Reconstruction, Watermain, Storm & Sanitary Sewers. The report recommends 1. The contract be awarded to the lowest bidder at the tendered price of $1,994,105.00. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. MW- 2010 -43 - Tender TR -09 -2010, Supply and Installation of Sports Fields and Landscape Development. Patrick Cummings Memorial Sports Complex. The report recommends that the tender from CRL Campbell Construction & Drainage Ltd. (11575 Burnaby Road, Wainfleet ON. LOS WO) for the Supply and Installation of Sports Fields and Landscape Development at the Patrick Cummings Memorial Sports Complex in the amount of $681,890.00 (excluding tax) be approved. MW- 2010 -46 - NW Sanitary Sewer Club Italia, Frontending Agreement. The report recommends that this report be received for information and that staff be authorized to refund the amount received from the Province of Ontario through the Millennium Partnership's Initiative upon request. TS- 2010 -29 - TransCab Transportation Pilot Project Update Montrose South Business Corridor. The report recommends that the TransCab pilot project, in the Montrose South Business Corridor, be extended to December 31, 2010, to further collect ridership and financial data to determine the best long term solution for employee transportation requirements through this initiative. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo 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. with Councillors Fisher, Thomson and loannoni opposed to 2010 -91. 2010 -88 Motion Carried A by -law to authorize an Application General to amend the register to release a Subdivision Agreement registered as Instrument Number RO203570 over the lots and parcels for Plan NS42. 2010 -89 A by -law to authorize the execution of a Subdivision Agreement with 800460 Ontario Limited respecting Fernwood Subdivision - Phase 2. 2010 -90 2010 -91 A by -law to amend By -law No. 79 -200, to permit a group home for up to 17 persons, subject to the removal of a holding (H) symbol. (AM- 2009 -012) 2010 -92 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. ( Stopping Prohibited, Parking Prohibited, Limited Parking, Stop Signs at Intersections) 2010 -93 A by -law to establish a municipal bingo policy. 2010 -94 A by -law to authorize the payment of $35,449,887.32 for General Purposes. 2010 -95 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 28 day of June, 2010. 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 Councillors Fisher, Thomson and loannoni opposed to 2010 -91. Niagara Health System AMO Conference - 14 - June 28, 2010 Council Minutes A by -law to designate the property known as 7565 Lundy's Lane formerly known as the Lundy's Lane School at Green's Corners, being PIN 64418 -0077 (LT) within the City of Niagara Falls, to be of cultural heritage value and interest. DEAN IORFII A, CITY CLERK NEW BUSINESS ORDERED on the motion of Councillor Diodati, seconded by Councillor loannoni that an update be requested from the NHS regarding the shortage of doctors in the emergency rooms during the summer months. ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati that a request be made to meet with the Minister of Health, Deb Matthews, at this year's AMO Conference. ORDERED on the motion of Councillor Mayes, seconded by Councillor Kerrio that the meeting be adjourned at 9:35 p.m. Carried Unanimously Carried Unanimously Carried Unanimously R.T. (TED) SALCI, MAYOR Motion Carried