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2007/01/22SECOND MEETING IN CAMERA MEETING Council met on Monday, January 22, 2007 at 4:30 p.m. in an In Camera Session All members of Council were resent. Alderman Diodati presided as Chairman. p an, Following consideration of the items presented, the In Camera Session did arise in open session. DE N IORFID CITY CLERK R.T. (TED) SALCI, MAYOR REGULAR COUNCIL MEETING Council Chambers January 22, 2007 Council met on Monday, January 22, 2007 at 7:35 p.m. for the purpose of considering Regular /Planning Business matter. All members of Council were present. Alderman Pietrangelo offered the Opening Prayer. ADOPTION OF MINUTES Committee Room 2 January 22, 2007 ORDERED on the motion of Alderman Kerrio seconded by Alderman Maves that the minutes of December 11, 2006 be approved as printed. Carried Unanimously ORDERED on the motion of Alderman Kerrio seconded by Alderman Maves that the minutes of January 8, 2007 be approved as printed. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Alderman Thomson indicated a pecuniary interest to cheque 308016 payable to himself. Alderman Kerrio indicated a conflict to By -law 2007 -05 as Canadian Niagara Hotels have the property across the street from him. Alderman Maves indicated a conflict to Special Occasion Permit at the MacBain Community Centre for insurance purposes. Alderman loannoni indicated a pecuniary interest to cheque 306240 from December 11, 2006 meeting, refund for Election filling. 2 January 22, 2007 Council Minutes Alderman Wing indicated a pecuniary interest to cheque 306910 payable to Brock University her employer, cheque 307773 payable to the Niagara Parks Commission, and cheque 307192 payable to her daughter. Alderman Pietrangelo indicated a pecuniary interest to cheque 307341 payable to his employer the Niagara Catholic District School Board. Mayor Said indicated a pecuniary interest to cheque 307804 payable to himself. Big Brothers Big Sisters SparkeLight Awards Residential Category: DEPUTATIONS /PRESENTATIONS Alzheimer's Society Teena Kindt, Director of Development for the Alzheimer Society of Niagara addressed January as Alzheimer's month and recent awareness activities. She outlined signs of the disease and upcoming public information sessions. Mike Collee of the Niagara Falls Firefighters' Association presented the Alzheimer Society with money raised at a fundraiser in the amount of $20,205. ORDERED on the motion of Alderman Thomson and seconded by Alderman Fisher that the month of January be declared Alzheimer's Awareness month in the City of Niagara Falls. Carried Unanimously Jon Braithwaite, Executive Director, addressed Council regarding programs and the upcoming Tim Hortons Bowl for Kids Sake Campaign. The event is on February 17 Mr. Braithwaite also outlined the positive effects of volunteer mentors on youth. ORDERED on the motion ofAlderman Diodati, seconded by Alderman loannoni that Council enter a bowling team. Carried Unanimously Dino Fazio of the Winter Festival of Lights presented the winners of the 2006 Winter Festival of Lights SparkleLight Contest. Ward 1 Sharon Murray, 5446 Morrison St Ward 2 Joe Rizzo, 6919 Fairlawn Cres and Mr. Friesen, 6699 Morrison St (tie) Ward 3 J. Vandenakker, 4832 Montrose Rd Ward 4 Rob Smith, 6671 January Dr Ward 5 Mr. Mrs. Varela, 7989 Annmarie Cres Ward 6 Holly Brian Huntington, 7140 Schisler Rd Multi- residential Category: Victoria Park Towers, 6521 Drummond Rd Bed Breakfast Category: Villa Gardenia B B, 4741 Zimmerman Ave Commercial Category: Michael's Inn Patterson's Funeral Home Neighbourhood Category: Matthews Drive located in Mount Carmel Unite Here 3 January 22, 2007 Council Minutes RATIFICATION OF CAPITAL SPORTS MANAGEMENT PROPOSAL COMMITTEE ACTIONS ORDERED on the motion of Alderman loannoni, seconded by Alderman Pietrangelo that the actions taken in the Capital Sports Management Proposal Committee meetings be approved. Carried Unanimously From the Committee meeting of Friday, January 12 That staff be authorized to involve the necessary consultants and associated supported costs approved. From the Committee meeting of Thursday, January 18 That the City Solicitor be directed to provide all of Council with legal advice related to the Capital Sports Proposal during a Closed Meeting of Council on Monday, January 22, 2007 at 4:30 p.m. as per s. 2(0 and 2(e) of the Municipal Act; and That a public report on Council's decision be made thereafter. RATIFICATION OF "IN CAMERA" ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati that the actions taken in the In Camera meeting, on January 22, 2007 be approved. Carried Unanimously 1 That 4222 May Avenue be offered for sale, by way of direct sale, to The Regional Municipality of Niagara "Region for the appraised price of $28,000.00 plus payment of the cost of appraisal. Carried Unanimously 2. That Council reject the Capital Sports Management proposal dated January 18 and that the statement prepared by staff be read in open Council justifying the rejection of the proposal. Carried Unanimously ORDERED on the motion ofAlderman loannoni, seconded by Alderman Pietrangelo that Unite Here be allowed to speak. Carried Unanimously Mr. Eric Gillespie, lawyer for Unite Here, indicated that Unite Here had worked with GlobalTox in Guelph. They provided input to the MOE regarding the Cytec lands and received confirmation that the site is not approved for Institutional use such as daycare facilities. Zoning Conclusion 4 January 22, 2007 Council Minutes Staff clarified that the lands were not intended to be used for a day care facility. ORDERED on the motion of Alderman loannoni, seconded by Alderman Pietrangelo that City's consultants report back to Council regarding the issues raised by Unite Here. Carried Unanimously PLANNING MATTERS PD- 2007 -01 Chief Administrative Officer Zoning By -law Amendment, AM-35/2006, 5789 Kitchener St, Applicant: Niagara South Condominium Corporation No. 11, Agent: John Broderick, Broderick Partners, LLP, Proposed Physician's Office Background: Planning Analysis Official Plan Designated Residential Special policy permits uses ancillary to the hospital provided they are sensitive to the surrounding residential development. Proposed physician's offices conform to the Official Plan and the Special policy as follows: Existing dwelling and landscaping will be maintained; Sufficient parking will be provided in the rear yard; Proposed medical offices will be ancillary in nature and scale with the hospital; Residence east of the subject property will be partially buffered from the new parking area by the existing wood fence. Zoned Residential Single Family and Two Family (R2). Rezoning is requested to a site specific General Commercial zone to permit the subject lands to be used for offices; Rezoning will limit the use to offices and ensure the property is used in a manner that complies with the OP and is compatible to surrounding residential use. Building size should be restricted to the existing dwelling to further ensure compatibility with adjacent dwellings and landscaping should be protected. Site plan control will be applicable due to conversion to commercial uses and the associated increase in the useability of the building. The requested amendment to change the zoning to General Commercial (GC) to permit the existing dwelling to be used as offices for physicians can be supported for the following reasons: The use complies with the Official Plan as it is in an area where uses ancillary to the Greater Niagara General Hospital, such as physician's offices are permitted. The existing dwelling and front yard landscaping will be maintained in a manner that protects the residential character of the property and is complementary to adjacent residences. RECOMMENDATION That Council. approve the Zoning Bylaw amendment application to permit the existing single detached dwelling on the land to be used as offices for physicians. Background: Planning Analysis Official Plan Zoning Ed Lustig of Broderick Partners was present acting on behalf of the applicant. He requested that site plan not be imposed. He felt that there was not a "substantial" change to the property to warrant the requirement under the Planning Act, since the current zoning would allow two families to reside on the property. The proposed use is less intensive and restricted to business hours. Mr. Lustig indicated that there would be landscaping and appropriate fencing. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fisher that the report be approved with the applicant voluntarily undertaking Site Plan features. Carried with Alderman Wing opposed. Conclusion Alderman Diodati left the Council Chambers. 5 January 22, 2007 Council Minutes Alderman Diodati returned to Council Chambers. PD- 2006 -91 Chief Administrative Officer Zoning By -law Amendment AM-39/2006, 5056 Montrose Road, Applicant: Angelo Marino, Agent: AIIen -Chui Architects Inc., recognize two existing dwelling units. Designated Industrial Dwelling units not permitted on Industrially designated lands. OP contains provisions for pre existing, non complying uses which have existed for some time and achieved a degree of stability. The apartment has existed for a period of time without any apparent land use conflicts with surrounding industrial uses and a degree of stability between the uses has developed. The Region has updated its comments regarding Provincial policy on separation of residential and industrial uses and determined the existing second unit will not increase any potential adverse impacts on existing and future industrial operations. Recognition of the additional residence will not undermine the neighbourhood nor interfere with the development desired in the area. The previous rezoning permitted one second floor dwelling unit in combination with the main floor permitted use. This zoning will be amended to recognize the second dwelling unit. The second dwelling unit will also be restricted to the second floor of the existing building. During a recent site inspection it became apparent that the property does not meet the 25% landscape requirements of the current bylaw, including 15% of the required front yard to be landscaped. The landscape strip in the front yard labelled Area A does not exist and landscaping behind the building labelled Area B has now been paved. Landscaping provides important amenity space for the dwelling units and improves the appearance of the property. The applicant should enter into a site plan agreement with the City or remove the pavement and install curbs and grass prior to the passage of the amending bylaw for the second dwelling unit. The requested Zoning Bylaw amendment to recognize a second existing dwelling unit with the building can be supported for the following reasons: The Region has revised its position on the separation distance from industrial lands for this second dwelling unit. The request complies with the Official Plan policies with respect to non complying uses. The dwelling unit has existed for some time without any apparent land use conflicts with surrounding industrial uses and recognition of it will not increase any potential adverse impacts. To ensure existing non compliance matters with respect to landscaping are resolved, a site plan agreement should be executed or landscaping installed prior to passage of the amending bylaw. Recommendation That Council approve the Zoning Bylaw amendment to recognize an existing second dwelling unit on the second floor; and That the amending bylaw not be passed until the applicant has entered into a site plan agreement to address the landscaping or the required landscaping has been installed. Michael Allen was present acting on behalf of the applicant. Mr. Allen advised that the applicant is not prepared to enter into a Site Plan agreement as it is not a requirement, there is no intensification of the property, the use has been in existence for 17 years and the lack of green space is largely due to recent road widening by the Region. The applicant agrees to do minor Site Plan alterations and work with Planning Development but not enter into a Site Plan Agreement. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Pietrangelo that the report be approved that Council approve the Zoning By -law amendment to recognize an existing second dwelling unit on the second floor; and that the applicant work with Staff regarding landscaping on the property. PD- 2006 -93 Chief Administrative Officer Zoning By -law Amendment AM- 36/2006, 5284 Second Avenue, Applicant: Niagara Hindu Samaj, Agent: David Pounder, J. David Pounder Limited, Recognition and Expansion of Place of Worship Planning Analysis Official Plan Zoning 6 January 22, 2007 Council Minutes Carried Unanimously Designated Residential A variety of ancillary uses are permitted including places of worship, provided they are compatible with surrounding residential development. Existing place of worship is relatively small in scale and has achieved a degree of compatibility with the surrounding neighbourhood. Surrounding road network is sufficient to accommodate the modest amount of traffic expected from the change. Zoned Residential Single Family and Two Family (R2) Land is requested to be rezoned to site specific Institutional (I) zone to recognize the place of worship and building configuration and to permit the addition. Requested rezoning is appropriate but should include the following measures to ensure continuing compatibility with the surrounding neighbourhood: Conclusion 7 January 22, 2007 Council Minutes Restrict the use to a place of worship and one ancillary dwelling unit; Require the west side yard setback of 5m (16 ft) rather than the requested 1.8m (6 ft) typical of the Institutional zone and in response to comments received. Second floor dwelling unit is to be ancillary to the place of worship and be limited to a residence for the religious leader and family; Control the height of the proposed roof top architectural features to a height of 13.5m (44 ft) due to the building's proximity to nearby dwellings. Required parking for a place of worship is one space per five persons. A total of 26 spaces is currently available on site which is sufficient to meet zoning requirements for the expected occupancy of 100 persons. Parking demands for the use occasionally spill out onto Second Avenue. Residents appear to be affected because Second Avenue is a narrow street that cannot support on street parking without affecting visibility. This matter is best referred to the Traffic and Parking Services staff. The requested amendment can be supported for the following reasons: The use complies with the intent of the Official Plan with respect to ancillary uses in residential areas. The use is not expected to generate excessive traffic and adversely affect surrounding streets. Controlling the use of the building, the building occupancy and the building configuration in the amending bylaw, and increasing the westerly side yard setback of the addition will ensure the proposal is compatible with the surrounding residential neighbourhood. It is recommended that concerns with respect to on street parking be referred to the Community Services Committee for further consideration. Recommendation That Council approve the Zoning Bylaw amendment to recognize an existing place of worship and to permit a building expansion, subject to the regulations outlined in this report; and That the concerns raised about on street parking be referred to staff for further review. David Pounder was present acting on behalf of the applicant. He indicated that they have worked with the neighbouring property owners and have agreed to the 15m setback proposed. ORDERED on the motion of Alderman Fisher, seconded byAlderman Thomson that the report be approved as recommended. Carried Unanimously PARKS, RECREATION, ARTS CULTURE STRATEGIC PLAN Jim Morgenstern, Principal of dmA Planning and Management Services presented the Strategic Plan for the Provisions of Parks, Recreation, Arts Culture. Mr Morgenstern advised this project has been under way for some time. Tonight he is presenting an overview to help guide Council and staff in decision for Niagara Falls, parks, recreation, arts culture for the next ten years in the following areas: Planning for future growth Determining future facility and service needs Capitalizing on current and future opportunities Developing a strategy for improvement Key results of resident survey The Needs Assessment Major indoor sports and Recreation Facilities Outdoor Playing Fields Requirements Specialized Recreation Facilities Unscheduled Recreation Facilities Art Culture Facilities Parks Open Space Strategic Directions Recommendation 8 January 22, 2007 Council Minutes General satisfaction with number and quality of facilities Half of residents indicated need for new parks and leisure facilities Most needed facilities, arenas, theatre /performance space, playgrounds Most needed activities, youth, arts, culture Most need parks, natural open space and trails Lack of time and cost most reported barrier to participation Delivery system Clearly define role for department Revised Committee Structure Effective Partnerships /Partnership Policy Reoriented staff roles for community development Additional staff resources to support active living and arts and culture New policies A comprehensive planning for the future That the final report dated January 8, 2007, for the Strategic Plan for Parks, Recreation, Arts Culture be received; and That this comprehensive report serves as the guide for staff in setting priorities and strategic directions for making recommendations to Council concerning the services of Parks, Recreation Culture Division over the next ten (10) years. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Thomson that the report be approved as recommended. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENT Mayor Salci expressed condolence to the City's Chief Librarian, Joe Longo, at the recent passing of his sister. Mayor Salci advised of recent events: the Sports Wall of Fame induction and the Action Niagara Designing the Future conference sponsored by the Niagara Economic and Development Corp. The City of Niagara Falls won an award for its Brownfield Community Improvement Plan. The winner of this award has recognized the opportunities presented by redeveloping brownfields to reintegrate them back into the fabric of their community and benefit from an increase in land values and the effect on their assessment base. The City also won an award for its' float at the Thorold Santa Claus Parade. Finally, the Mayor spoke of attending a brief ceremony this morning (Jan 22 at the Special Collections section of Brock University where two original maps relating to the early bridges across the Niagara Gorge, from the Niagara Falls Bridge Commission archives, were donated to the university. 9 January 22, 2007 Council Minutes RECOMMENDATION: Refer to Staff. COMMUNICATION AND COMMENTS OF THE CITY CLERK 1 Baby Shower /Family Gathering Request permission to have Special Occasion Permit at MacBain Community Centre RECOMMENDATION: For the Approval of Council and that the Municipal Alcohol Risk Management Policy be amended to include MacBain Community Centre ORDERED on the motion of Alderman loannoni, seconded by Alderman Diodati that the communication be approved. Alderman Maves declared a conflict .Carried Unanimously 2. Niagara Falls Canucks. "Jr. B" Hockey Team Volunteer Committee Request to proclaim January 29 February 3 "Masterson Week in Niagara Falls" to recognize the owners of the Jr. B Canucks. A special event is being held Saturday, January 27 6:00 pm at St. Ann's Hall, $5 /per person. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Alderman Maves, seconded by Alderman Thomson that the communication be approved. Carried Unanimously 3. Niagara Transit Commission Request approval issuance of a tender for a replacement service truck in 2007 (report from Harry Van Dyke, Manager of Plant and Equipment attached) at an approximate cost of $70,000. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Alderman Thomson, seconded by Alderman Maves that the communication be approved. Carried Unanimously 4. Sullivan Mahoney Requesting that the City amend its Property Standards By -law or use the Committee of Adjustment to deal with variances from Provisions of the By -law for rooms in lower levels that are more than 50% below grade. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fisher that the communication be referred to staff. Carried Unanimously 5. Voice Print, Canada's Broadcast Reading Service Requesting February 4 -11, 2007 be proclaimed White Cane Week. RECOMMENDATION: For the Approval of Council. ORDERED on the motion of Alderman Fisher, seconded by Alderman Maves that the communication be approved. Carried Unanimously CORPORATE SERVICES MATTERS REPORTS 1. CD- 2007 -01 Alderman or Councillor, Chief Administrative Officer ORDERED on the motion of Alderman Thomson, seconded by Alderman Fisher that the title or honourific for City representative be changed to Councillor. Alderman Diodati Alderman loannoni Alderman Maves Alderman Thomson Mayor Salci NAYE AYE NAYE AYE NAYE 10 Alderman Fisher Alderman Kerrio Ald. Pietrangelo Alderman Wing AYE AYE AYE NAYE January 22, 2007 Council Minutes Motion Carried 2. CD- 2007 -02 Direct Election of Regional Chair, Chief Administrative Officer ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the City write to the Province and local M.P.P. indicating that a decision on election of Regional Chair should follow the triple majority process as outlined under the Municipal Act. 3. F- 2007 -03 Property Tax Grant Low Income Seniors, Chief Administrative Officer The report recommends for the consideration of Council. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Wing that staff proceed with program. Carried Unanimously APPOINTMENT MATTERS The report recommends: Carried Unanimously 1. PD- 2007 -03 Composition of the Committee of Adjustment, Chief Administrative Officer 1) That Council consider the membership to the Committee of Adjustment be set at five (5) members; and 2) That Council consider whether or not they wish to maintain the practice of appointing two (2) Council members to the Committee. ORDERED on the motion of Councillor Wing, seconded by Councillor loannoni that Council consider the membership to the Committee of Adjustment be set at five (5) members; and discontinue appointing members of Council. Councillor Pietrangelo, Councillor Thomson, Councillor Fisher, Councillor Kerrio, Councillor Maves opposed. Motion Denied ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that Council consider the membership to the Committee of Adjustment be set at five (5) citizen members and one (1) Council appointee. Carried with Councillor Wing opposed. 2. CAO- 2007 -03 Niagara Falls Hydro Corporate Governance and Appointments to Boards of Directors, Chief Administrative Officer The report recommends that Council consider the submission from Niagara Falls Hydro regarding corporate governance and appointments to Hydro Boards of Directors. Ed Lustig of Broderick Partners Agent and Brian Wilkie, President of Niagara Falls Hydro outlined the history of the governance models for the Hydro board. ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that Council approve the proposed governance structure under Schedule C. Carried Unanimously 11 January 22, 2007 Council Minutes ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the Council meeting go past 11:00 pm. 3. CD- 2007 -03- Public Library Board Appointments, Chief Administrative Officer The report recommends that Council vote on volunteers for the Public Library Board. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo that upon receiving legal advice, that Council withdraw its approval to vote by secret ballot. Alderman Diodati Alderman loannoni Alderman Maves Alderman Thomson Mayor Salci AYE AYE AYE AYE AYE Alderman Fisher Alderman Kerrio Alderman Pietrangelo Alderman Wing After a tabulation of votes, the following had a plurality of votes: Blake McIntyre Renni Piscitelli Guy Prata Dr. Ken Smith Nancy Eidt Carman Dix Dino Fazio Michael Boris Kloss ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati to accept the appointees with the plurality of votes for the Public Library Board Carried Unanimously RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS a) 2) That the minutes of the December 11, 2007 meeting be approved. REPORTS: Carried Unanimously AYE AYE AYE AYE Carried Unanimously ORDERED on the motion of Councillor loannoni seconded by Councillor Wing that the actions taken in Community Services, on January 22, 2007 be approved. Carried Unanimously 1) The following items are to be ratified from tonight's meeting of the Community Services Committee: Alderman loannoni be elected the Chair of the Community Services Committee Alderman Pietrangelo be elected the Chair of the Corporate Services Committee a) That the Murray Street Stanley Avenue Directional Signage Report be received for the information of Council and that a report be brought back to Committee detailing the City's options available regarding the Main Street EA and analyse of the traffic information collected to date. b) That a parking restriction on Valley Way between Drummond Road and Bellevue be deferred and report be brought back to Committee with detailed diagrams. That Staff proceed to negotiate with M.S. J. Restaurant for the lease of City owned property at 5401 Ferry Street for parking purposes. 12 January 22, 2007 Council Minutes d) That staff negotiate with IMS for the fine grading of the proposed park on Montrose Road. e) That the City not pay the legal fees submitted by Mr. Ungaro on behalf of Mr. Puttick related to Greater Niagara Transit Commission and a report be brought forward detailing the issues between Mr. Puttick and the Transit Commission and a comparison study of the profitability of Transits in other municipalities. 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, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F- 2007 -01 Borrowing By -law. It is recommended that Council approve (I) the borrowing of up to a maximum sum of $23,000,000 for current expenditures; and (ii) a Standby Letter of Credit to a maximum sum of $5,000,000 in favour of the CNCP to cover the demolition cost of the International Rail Bridge. F- 2007 -02 Municipal Accounts. It is recommended that Council approve the municipal accounts totaling $32,059,809.16 for the period of November 29, 2006 to January 9, 2007. IS- 2007 -01 Maintenance Management Application. It is recommended that Council approve the purchase, development and implementation of the Cartegraph Citizen Request, Work and Asset Management system. PD- 2007 -04 Removal of a Holding Symbol, AM- 38/09, Former Warren Avenue and Former Canada Southern Railway Company Lands, 656508 Ontario Limited (George Yerich), Proposed Bridge and Pedestrian Walkway. It is recommended that Council pass the by -law appearing on tonight's agenda to lift the Holding symbol (H) from a portion of lands zoned Tourist Commercial (TC(H) between Robinson Street and Murray Street, shown on Schedule 1. MW- 2007 -02 Garner Village Estates Subdivision Payments for Oversizing Growth Related Capital Works. It is recommended that funds in the amount of $103,427.93 be transferred from the Development Charges Reserve Fund and paid to 456941 Ontario Ltd. In accordance with the GarnerVillage Estates Subdivision Agreement. MW- 2007 -08 Interim Sign By -law. It is recommended that the interim amendments passed for the City's existing sign by -law that expires on January 31, 2007 be extended until the passing of the new sign by -law. MW- 2007 -01 Tender 2007 146 -05 Watermain Replacement Portage Road from Elizabeth Street to O'Neil Street, St. Paul Avenue from O'Neil Street to Riall Street. It is recommended that the unit prices submitted by the lowest tender Alfidome Construction be accepted and that the Mayor and City Clerk be authorized to execute the necessary agreement. MW- 2007 -04 Tender 2007 162 -05 Grassy Brook West Area Sanitary Sewer Construction Grassy Brook Road. It is recommended that the unit prices submitted by the lowest tender Baiocco Construction be accepted and that the Mayor and City Clerk be authorized to execute the necessary agreement. 13 January 22, 2007 Council Minutes MW- 2007 -05 Tender 2007 108 -06 Grassy Brook West Area Pumping Station Forcemain Construction. It is recommended thathe unit prices submitted by the lowest tender V. Gibbons Contracting Ltd. Be accepted and that the Mayor and City Clerk be authorized to execute the necessary agreement. ORDERED on the motion of Councillor Diodati, seconded by Councillor Pietrangelo that the reports be approved. Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Thomson that the by -laws be given a first reading. Carried with Councillor loannoni and Councillor Wing were opposed to By -law 2007 -06. 2007 -05 2007 -06 2007 -15 2007 -16 2007 -17 BY -LAW FOR SALE OF LANDS A by -law to authorize the execution of an Offer to Purchase from Canadian Niagara Hotels Inc. to The Corporation of the City of Niagara Falls respecting the purchase of lands, being part of Part 3 on Reference Plan 59R -5277 and Part 3 on Reference Plan 59R 12916; in the City of Niagara Falls, in the Regional Municipality of Niagara. BY -LAWS A by -law to authorize the execution of a Consulting Agreement with Henry W. Joseph Realty Corporation Limited, Clayton Research Associates Limited and Corey Doyle, Respecting the preparation of an economic evaluation of the Downtown Revitalization Program 2007 -07 A by -law to authorize the execution of an Amendment to the Agreement with Ryerson University respecting the High Rate Treatment Pilot Study 2007 -08 A by -law to authorize the execution of a Licence Agreement with the Queen's Printer for Ontario as represented by the Ontario Ministry of Natural Resources respecting municipal planning data 2007 -0 A by -law to establish Part 3 on Reference Plan 59R -13262 as a public highway, to be known as and to form part of Corwin Avenue 2007 -10 A by -law to permanently close part of a highway 2007 -11 A by -law to authorize temporary borrowing 2007 -12 A by -law to extend and execute a memorandum of understanding with DataFix for the Municipal VoterView (MW) Services 2007 -13 A by -law to continue and re -enact By -law 2001 -31 of the Corporation of the City of Niagara Falls 2007 -14 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs at Intersections, Through Highways, Standing Prohibited, Heavy Vehicle Restriction) 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 A by -law to authorize the execution of an Approval to 656508 Ontario Limited respecting the construction of the Warren Pedestrian Bridge and establishment of parking spaces A by -law to authorize the execution of a Pedestrian Walkway Agreement with 656508 Ontario Limited respecting the maintenance of a pedestrian walkway over City owned lands described as Part.3 on Reference Plan 59R -4773 2007 -18 2007 -19 2007 -20 2007 -21 2007 -22 14 January 22, 2007 Council Minutes A by -law to authorize the execution of an Encroachment Agreement with 656508 Ontario Limited for the purpose of permitting the encroachment of a pedestrian bridge over City owned lands described as Part 3 on Reference Plan 59R -4773 A by -law to authorize the execution of the Murray Street Bridge License Agreement with the Ontario Lottery and Gaming Corporation respecting the access, maintenance, alterations, signage and other matters relating to the pedestrian bridge over Murray Street A by -law to authorize the execution of the Murray Street Bridge Agreement with 656508 Ontario Limited respecting the access, maintenance, alterations, signage and other matters relating to the pedestrian bridge over Murray Street A by -law to amend By -law No. 79 -200, to permit a building to be used as a community building developmentally handicapped day programs. (AM- 33/2006, 4037 Longhurst Ave.) A by -law to amend By -law No. 99 -106, which amended By -law No. 79 -200, to remove the holding symbol on a portion of the lands being the former Warren Avenue and a portion of the former Canada Southern Railway and allow these lands to be developed in conjunction with abutting lands. (AM- 39/98) 2007 -23 A by -law to authorize the payment of $32,059,809.16 for General Purposes. 2007 -24 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 22 day of January, 2007 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the by -laws be read a second and third time and passed. Carried with Councillor loannoni and Councillor Wing were opposed to By -law 2007 -06. Letter of Congratulations Stormwater /Sewer Management Passport Issue Park in the City Committee NEW BUSINESS ORDERED on the motion of Councillor Fisher, seconded by Councillor Diodati that Council extend congratulations to Niagara Falls Hydro, City of Niagara Falls Service Centre employees and GAMS for the great job during the ice storm. Carried Unanimously ORDERED on the motion of Councillor loannoni, seconded by Councillor Wing that notification be given to Council and the public when sanitary sewer dumping into public waterways occurs. Carried Unanimously ORDERED on the motion of Councillor Diodati, seconded by Councillor Wing that Council petition the MP and appropriate Federal staff to decrease the cost of passports and lengthen their expiration date. Carried Unanimously ORDERED on the motion of Councillor Wing, seconded by Councillor Pietrangelo that staff review and report back on the terms and reference for the Park in the City Committee to ensure that the committee has the proper cohesive focus and; for staff to prepare a report on how to ensure that the Municipality gives proper attention to environment issues including but not limited to conservation management environmental resources and preservation of wildlife habitat. Carried Unanimously Stamford Collegiate Highschool 150 Anniversary Councillor loannoni advised Council that the students of Stamford High School are remaking a 1875 and 1904 Council meeting and are looking for any male members of Council to help participate in the re- enactment. ORDERED on the motion of Councillor loannoni, seconded by Councillor Maves that the meeting be adjourned at 12:34 a.m. Carried Unanimously 15 January 22, 2007 Council Minutes DEAN IORFJ.DA, CITY CLERK R.T. (TED) SALCI, MAYOR