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2008/07/21FOURTEENTH MEETING IN CAMERA MEETING Council met on Monday, July 21, 2008 at 6.30 p.m. in an In Camera Session. All members of Council were present. Councillor Kerrio presided as Chairman. Following consideration of the items presented, the In Camera Session did not rise to report. REGULAR COUNCIL MEETING Committee Room 2 July 21, 2008 Council met on Monday, July 21, 2008 at 7:25 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Councillor Mayes offered the Opening Prayer ADOPTION OF MINUTES ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the minutes of July 7, 2008 be approved as printed. Carried Unanimously Canadian Trap Shooting Champion DISCLOSURES OF PECUNIARY INTEREST Councillor Thomson indicated a conflict on report PD- 2008 -70, AM- 2008 -021 Councillor Kerrio indicated a conflict on the communication from various B.I.A.'s regarding pay parking rate changes, as he is the owner of a commercial parking lot. DEPUTATIONS /PRESENTATIONS Mayor Salci congratulated Mike Pickering for winning the 2008 Canadian Trap Shooting Championship in Hamilton and presented him with a plaque on behalf of Council. PLANNING MATTERS PD- 2008 -70 -AM- 2008 -021, Official Plan and Zoning By -law Amendment Application, 5471, 5491 and 5507 River Road and Vacant Land on the West Side of River Lane and on the Northwest Corner of River Road and John Street Applicant: Niagara Falls Pointe Limited Partnership, Agent: Michael Goldberg, The Goldberg Group, Proposed 7- Storey, 119 Unit Apartment Building ORDERED on the motion of Councillor Fisher, seconded by Councillor loannoni that this application be deferred until the September 8, 2008 Council meeting. Carried Unanimously - 2 - July 21, 2008 Council Minutes PD- 2008 -64 - AM- 2008 -005, Zoning By -law Amendment Application, 5058 Huron Street, Applicant: Antonio Maiolo, Agent: Brian Sinclair, Q.C., Recognition of an Existing Apartment Building The Director of Planning and Development reviewed the recommendations and provided the following information: Background The applicant has requested an amendment for a 362 sq m (3900 sq ft) parcel of land The zoning is requested to be changed to a site specific Residential Apartment 5E Density (R5E) zone to recognize the existing development which has lesser lot frontage, front and rear yard depths, side yard widths, landscaped open space and parking and greater lot coverage than the standard requirements. When the applicant purchased the existing apartment building it had 4 units. The applicant converted extra space to a fifth unit. The applicant is requesting the existing apartment building on the property be recognized. No changes to the building or site are proposed. Planning Analysis Official Plan The land is designated Residential. Residential lands in close proximity to commercial areas, transit routes, schools and parks can be developed with low rise apartment buildings. Because of the small lot size, the apartment building is developed at a higher density The OP policies allow a non - complying use of land to be zoned to recognize the use if surrounding lands are not adversely affected. The existing apartment building has achieved a degree of compatibility with adjacent properties, its recognition will have no adverse effect on the neighbourhood. Zoning The land is zoned Residential Single Family and Two Family (R2). The applicant has requested an R5E zone because it reflects the density of the existing development. The following site specific reductions reflect the property's size and the siting of the existing building: 1 lot frontage from 35m (115 ft) to 29 m (95 ft); 2. front yard depth from 7 5 m (24 8 ft) to 1.2m. (3.9 ft), 3. rear yard setback from 10 m (32.8 ft) to 1 7 m (5 6 ft) 4 interior side yard setback from 2.43 m (7 9 ft) to 2.4 m (7.8 ft) 5 lot coverage from 30% to 44% 6 landscaped open space from 50% to 26 %. The site specific R5 zone should limit the height of the building to its current height of 7 3 m (24 ft) The applicant has also requested a reduction in the number of parking spaces from 7 to 3, with site specific parking space widths of 2.3 m (7.5 ft) and maneuvering aisles widths of 3.6m (11.8 ft) This reflects the existing parking configuration. No parking problems are known to exist. Conclusion Recommendation - 3 - The Public Meeting was now Closed July 21, 2008 Council Minutes The proposed Zoning Bylaw amendment to recognize the existing 5 unit apartment building can be supported for the following reasons: It complies with the Official Plan; • The requested site specific zoning will recognize the siting of the existing building; and • The reduction of the required parking recognizes the existing situation and does not appear to create any parking problems. That Council approve the Zoning Bylaw amendment application to change the zoning of the subject land to a site specific Residential Apartment 5E Density (R5E) zone as detailed in this report, to recognize the existing 2 storey, 5 unit apartment building. Brian Sinclair, representing the applicant, advised that all neighbours were sent a letter notifying them of this proposal and no one showed to voice any objections. The units are sizeable at 800 square feet/unit and a fire inspection has already occurred. He agrees with the staff report and recommendations and asks that Council approve the report. ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the report be approved with an amendment to include that the owner shall advise future tenants that on- street parking is not available. Carried Unanimously PD- 2008 -66 - AM- 2008 -019, Zoning By -law Amendment Application, 9130 Chippawa Creek Road, Applicant: John and Irma Betme. Proposed Single Detached Dwelling The Director of Planning and Development reviewed the recommendations and provided the following information. Background The applicants have requested an amendment to Zoning By -law 79 -200 for a 1 3 ha (3 3 ac) parcel of land on the Chippawa Creek Rd. Current zoning does not permit a dwelling. The applicants are requesting that a single detached dwelling be site specifically added to the list of permitted uses on the portion of the land zoned Open Space. In addition, the current zoning boundaries are proposed to be modified to reflect the current flood plain mapping. A legal non - conforming dwelling exists on the land and it is proposed that this dwelling be demolished and a new dwelling be constructed Planning Analysis Land is designated Open Space, in part, and Environmental Protection Area, in part. Open Space lands are intended to be used for a variety of recreational purposes, parks and cemeteries. In addition, Estate Residential development existing at the time of adoption of the OP is to be recognized. Environmental Protection Areas are to be protected to preserve environmental features and lands susceptible to flooding. The proposed zoning amendment complies with the OP as follows: - 4 - July 21, 2008 Council Minutes • The property is already used for residential purposes and would be considered an existing estate residential property • The proposed dwelling is to be setback further from the Welland River than the existing dwelling, thereby moving the use away from environmental features along the river • The proposed dwelling is located out of the flood plain and is not subject to any flooding hazard • The actual flood plain will be appropriately identified and protected. Zoning The land is zoned Open Space, in part and Hazard Land, in part. The applicant has requested that a single detached dwelling be site specifically added as a permitted use. The by -law should contain regulations requiring the dwelling be set back 30m (98.4 ft) from the Welland River to ensure NPCA's requirements regarding protection of the river's fish habitat. The Hazard Land (HL) zone is used to identify lands that are prone to flooding and to prohibit them from being developed. NPCA advises that the HL zone boundary that applies to this land is based on outdated mapping. Adjusting the zone boundary between the HL zone and the OS zone to reflect the NPCA's current 100 year flood line will prohibit construction on lands subject to flooding Conclusion The requested amendment will permit the existing dwelling to be replaced by a new dwelling and more accurately identify the flood plain. The proposal complies with the Official Plan and is supported by staff and circulated agencies. Recommendation That Council approve the Zoning By -law amendment application to add a single detached dwelling to the list of permitted uses on the Open Space (OS) zoned portion of the lands and to adjust the boundary of the OS and Hazard Land (HL) zones to reflect current flood plain mapping. John & Irma Belme, applicants, indicated that they intend to build a house to live in and improve the property They agree with the staff report and recommendations and ask that Council support their application. The Public Meeting was now Closed. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Thomson that the report be approved as recommended. Carried Unanimously PD- 2008 -67 - AM -2008 -016, Zoning By -law Amendment Application, City of Niagara Falls, General Amendments to Zoning By -law No. 79 -200 The Director of Planning and Development reviewed the recommendations and provided the following information: Background Zoning by -law 79 -200 is the City's comprehensive zoning by -law which regulates the use of land and the construction of buildings and structures in the north half of the City - 5 - July 21, 2008 Council Minutes Periodic updates have taken place to respond to new development trends as well as new Corporate priorities. Recent concerns raised by residents and Council have revealed that the Zoning by -law is in need of further updating to protect the character of low density residential areas. The following ten proposed amendments will address landscaped open space, parking areas and accessory buildings as well as the addition of some new definitions, clarification of terminology and permitted uses. Planning Analysis The following amendments to Zoning by -law 79 -200 are recommended: Restrictions in the amount of lot area that can be used as surface parking area in the Residential Single Family (R1A -R1 E), Residential Single Family and Two Family (R2) and Residential Mixed (R3) zones • Presently, Parking areas in R1, R2 and R3 zones are only regulated in the front yard by permitting a maximum driveway width of 3 m (9 8 ft) for lots having a frontage of 9m (29 5 ft) or less and; • a maximum of 35% of the lot frontage (up to a maximum width of 6m (19 7 ft)) for lots with frontages greater than 9 m. • There are no controls on parking areas on the rest of the lot. ▪ Recent complaints regarding the parking of excessive number of vehicles on a property and a paved area located in the rear yard of another property indicate that the existing provisions may not be sufficient to restrict the extent of parking areas on residential lots, affecting the residential character of these properties. • To better regulate parking areas the following provisions are recommended: • Permit a maximum of 30% of the lot to be used as a surface parking area with the maximum parking area in each yard limited as follows. • In the front yard a maximum width of 50% of the lot frontage, but no more than 8 m (26.2 ft) in width, whichever is less. • In the exterior side yard, a maximum of 67% of the exterior side yard, but no more than 50 sq m (538 sq ft) in area; and • In the rear yard, a maximum of 40 sq m (430 sq ft) in area. A new definition for a surface parking area be introduced that a surface parking area consist of concrete, asphalt, stone gravel or equivalent, and; A new definition for a vehicle, specifying which types of vehicles can be parked on residential lots. It is recommended that the definition include recreational vehicles, trailers and boats, but that the storage of these types of vehicles be restricted to the rear yard Currently there are no requirements for landscaped open areas in the R1A through to R1 E, R2 and R3 zones. Introduce a minimum of 30% of the lot area to be in the form of landscaping in R1A through to R1 E, R2 and R3 zones. Replace, the definition for landscaped open space with. "Landscaped Open Space" means the open area which is used for the growth and maintenance of grass, flowers, shrubbery and other landscaping and includes any surfaced walk, patio, swimming pool or similar area, but does not include any surface parking area, bus parking area, roof -top area or any open space beneath, within any building or structure. Introduce a definition for "Model Horne" and revise the provisions to regulate model homes that would allow the lesser of 10 or 10% of the total number of lots in a draft approved subdivision to be available for model homes. Model homes must conform to the zone standards in which they are located and require - 6 - July 21, 2008 Council Minutes the execution of an agreement prior to construction Lot coverage provisions in the R1A to R1 E, R2 and R3 zones permit a maximum of 40% of the lot to be covered by a dwelling and accessory buildings and structures, which includes detached garages, sheds and decks. However, there are no limits on the size of the accessory buildings and structures. Restrict the amount of lot area used for accessory buildings and structures in the R1A through to R1 E, R2 and R3 zones to 15% of the lot area or 93 sq m (1,000 sq ft) whichever is lesser This will ensure accessory buildings and structures on residential lots remain subordinate to a dwelling. Replace the term "Senior Citizen Home" with "Retirement Home" and the addition of a definition for Retirement Home. • By -law 79 -200 does not define a Senior Citizen Home. The current trend is to call these facilities Retirement Homes. The term Senior Citizen Home, under an Institutional (I) zone will be deleted and replaced with Retirement Home. • The following definition is to be added to by -law No. 79-200 - • "Retirement Home" means a residence providing accommodation primarily for persons or couples with limited physical disabilities brought on by age or other infirmity for which some degree of physical assistance is required and where each private living unit has a separate, private bathroom and separate entrance from a common hall, but where common facilities forthe preparation and consumption of food are provided, and common lounges, recreation rooms and medical care facilities may also be provided. Add a definition of a "Cottage Rental Dwelling" as follows: • "Cottage rental dwelling" means a single detached dwelling that is rented in its entirety to one group of travelers at a time for a period of less than 28 days at one time. • Cottage rental dwellings are another recent land use that has been permitted by the City on a site -by -site basis through zoning by -law amendments. • By adding this definition Council will still have the power to approve requests for cottage rental dwellings on a site -by -site basis through site specific zoning by -law amendment applications. Eliminate minimum floor area requirements for dwelling units in the Residential Apartment (R5A -R5F) zones. The Ontario Building Code regulates the size of dwelling units as well as the minimum size of rooms and required facilities. It is unnecessary to include these controls in By -law No 79 -200 Add a day nursery as a permitted use in the Institutional (I) and Neighbourhood Commercial (NC) zones. • Day nurseries are small scale facilities that often locate in neighbourhood serving facilities, schools or community centres. A day nursery is permitted in most commercial zones but is not permitted in the NC zone which provide services at a neighbourhood level. It is also not permitted in the Institutional zone, which permits uses such as schools and community centres. • Day nurseries provide a valuable service to working parents and it is desirable and appropriate to include day nurseries under both zones. Facilities will be kept to a small scale by an existing floor area limit of 230 sq m (2,479 sq ft). In the I zone, they can be provided with other permitted compatible sues such as schools and community centres with a size limit. • The following definition is to be added: • Day Nursery" means a building or part thereof, licenced by the Province of Ontario under the Day Nurseries Act as a day nursery Add a health centre as a permitted use in the Neighbourhood Commercial (NC) zone. • The definition of a health centre covers a range of fitness and health related facilities such as martial arts clubs, gymnasiums, pools and therapeutic treatments. Although health centres are often small scale uses that serve -7- July 21,2008 Council Minutes the surrounding neighbourhood, the NC zone is the only commercial zone that does not permit them. • The existing floor area limit in the NC zone (230 sq m) 2,479 sq ft) will ensure health centres are an appropriate size in residential areas. Add "Privacy Yards" for units in grouped or townhouse dwellings in a Residential Low Density, Grouped Multiple Dwellings (R4) zone. By -law No. 79 -200 does not include a specific requirements for amenity areas for each individual unit. This is not consistent with street townhouse dwellings which have a required rear yard amenity space depth of 7 5 m (24 6 ft). This will ensure an amenity space is available to residents in townhouse or grouped dwelling units at the rear of each townhouse or grouped dwelling unit in an R4 zone. Conclusion The proposed changes to the R1, R2 and R3 zones in by -law No 79 -200 with respect to landscaped open space, parking areas and accessory buildings will assist in preserving the character of the City's lower density residential areas. The balance of the changes to by -law No 79 -200 will provide appropriate updates to the by -law's regulations. The recommended changes, once approved, take effect on the date of the passage of the amending by -law but cannot be applied retroactively to existing situations. Recommendation That Council approve the updates to the regulations of Zoning by -law No. 79 -200, as outlined in the report. The Public Meeting was now Closed. ORDERED on the motion of Councillor Mayes, seconded by Councillor Diodati that the report be approved as recommended. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Condolences were offered to the families of the following individuals, who recently passed: Jim Hetherington, Craig Whitehouse, and Dr Ronald Banting and to Felix Pingue on the loss of his mother Mayor Salci advised of some recent events: July 14 the Masterson family announced they were giving up majority ownership in the Niagara Falls Junior B Canucks, a heartfelt thank you is extended to them for their long- standing commitment and dedication to the Canucks; and the 2008 Great Lakes St. Lawrence Cities Initiative Annual conference was held last week, Mayor Salci advised of some upcoming events. July 27 at the Drummond Hill Cemetery the Annual Commemorative Service for The Battle of Lundy's Lane will take place; August 12 the Niagara Falls Public Library will host the 87 Annual Flower and Vegetable Show and 1s Annual Auto Nation Car show is being held August 17 at the Optimist Club Mayor Salci discussed the recent Niagara Health System Announcement, the NHS will be making efforts to eliminate their 17 million dollar operating deficit. The NHS has a requirement to reduce the deficit and to create efficiencies. This is only the first phase, or the beginning of the process for the NHS They will be asking for consultation from health care professionals and the public as they move forward. - 8 - July 21, 2008 Council Minutes NO. 19 - DIODATI - IOANNONI - therefore be it resolved that the City Council of Niagara Falls insists that the NHS withdraw its suggestion to the LHIN of closing the Labour and Delivery Unit of Niagara Falls. FURTHER BE IT RESOLVED that in the alternative the City Council of Niagara Falls forward this resolution to the Hamilton Niagara Haldimand Brant (HNHB) Local Health Integration Network (LHIN) and Dr Jack Kitts, the expert who has been chosen to review the Hospital Improvement Plan (HIP); and FURTHER BE IT RESOLVED that before making any final decisions, the LHIN has appropriate public consultation throughout the Niagara Region; and FURTHER BE IT RESOLVED that copies of this resolution also be forwarded to the Minister of Health and Long -Term Care, the Honourable David Kaplan, Kim Craitor, M.P.P., Niagara Falls , Area Municipalities, and the Ontario Nurses' Association. Carried Unanimously COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 Request from Various BIAs - for Pay Parking Rate Changes in the Tourist Core RECOMMENDATION: That the by -laws listed later on the agenda be approved ORDERED on the motion of Councillor Thomson, seconded by Councillor Diodati that the communication be approved Carried Unanimously with Councillor Kerrio declaring a conflict. 2. International Joint Commission (IJC) a) Request from the Region supporting nomination of the IJC for a Stockholm Water Prize b) Request that 2009 be proclaimed Year of our Shared Waters RECOMMENDATION: That the request be approved ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the requests be approved. Carried Unanimously 3 Celebrate Old Downtown - Request to declare their various events as Community festivals and to receive an exemption under the noise by -law for live entertainment. RECOMMENDATION Approve the attached resolution ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that the resolution be approved. Carried Unanimously FINANCE MATTERS REPORTS Chief Administrative Officer - F- 2008 -28 - 2007 Reserves and Reserve Funds. The report recommends that Council review and approve the 2007 transfers to reserves and reserve funds. - 9 - July 21, 2008 Council Minutes Chief Administrative Officer - F- 2008 -29 - 2007 Development Charges. The report recommends that Council receive and file the attached financial statements regarding Development Charges for the 2007 fiscal year Chief Administrative Officer - F- 2008 -30 - 2007 Capital Accounts It is recommended for the information of Council. ORDERED on the motion of Councillor Thomson, seconded by Councillor loannoni that reports F- 2008 -28, F- 2008 -29 and F- 2008 -30 be deferred to the next meeting. Carried Unanimously Chief Administrative Officer - F-2008-31 - 2007 Investments Report. It is recommended for the information of Council. Chief Administrative Officer- MW- 2008 -23 - 2008 Vehicle and Equipment Purchases. It is recommended that staff be authorized to amend the 2008 Capital Budget worksheet for the changes recommended in this report. ORDERED on the motion of Councillor Fisher, seconded by Councillor Diodati that the reports F- 2008 -31 and MW- 2008 -23 be approved as recommended. Carried Unanimously RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati that the actions taken in Community Services Committee, on July 21,2008 be approved. Carried Unanimously 1 The minutes of the July 7, 2008 meeting be approved. 2. Steve Tokos ,5890 Main Street That Mr Tokos presentation be received and filed. 3 BBS- 2008 -02 Niagara Falls Optimist Club, Dorchester Road Sign By -law Variance That the sign by -law variance request be approved. 4 MW- 2008 -40 Rail Grade Separation Status Report That this report be received for information. That Council direct staff to continue to explore potential funding opportunities to implement this project or the relocation of the rail line through the City 5 MW- 2008 -45 Morrison Street Rail Grade Separation Alternative That the Mayor contact the Federal Member of Parliament appraising him of the City's concerns with regarding the length and number of trains traversing the City That the City pursue the rerouting of the CN trains and staff come back with a terms of reference for an ad hoc committee on the matter 6 That Staff investigate and report back on the 2nd Avenue residents' complaints. 7 Staff investigate weeds on Murray Street. 8. Staff investigate the Region tendering on the line- painting contract at the Niagara Parks Commission. - 10 - July 21, 2008 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. BBS- 2008 -05 - Indexing of City Development Charges. It is recommended that this report be received for the information of Council. L- 2008 -23 - Max Brigade Control Line Model Flying Club, Renewal of Licence Agreement with the City Crowland Park/Schisler Road. It is recommended that: 1 Council authorize a Renewal of Licence Agreement (the "Agreement ") with Max Brigade Control Line Model Flying Club, to permit the continued use of a portion of Crowland Park ( "subject land ") for the continued operation of its model flying club, and 2. That the Mayor and Clerk be authorized to execute said Agreement L- 2008 -25 - Nuisance By -law. It is recommended that Council resolve that the following actions or occurrences shall constitute a public nuisance (I) Urinating in a public place; (ii) Defecating in a public place, (iii) Vomiting in a public place; (iv) Spitting in a public place; (v) Knocking over a Canada Pose mailbox, newspaper box, bench, fence, blue box or garbage container, or other subject or object located in a public place (vi) Participating in a fight in a public place MW- 2008 -41 - St. Paul Catholic High School Traffic Operational Review. It is recommended: 1 That staff be authorized to prepare a construction Agreement with the Niagara Catholic District School Board (NCDSB) for the proposed traffic alignment, new sidewalk, parking lot expansion and improved kiss 'n ride lane at St. Paul High School. 2. That the Mayor and City Clerk be authorized to execute the necessary agreement. MW- 2008 -47 - Kalar Road Southwest St. Vincent de Paul. It is recommended that staff be directed to proceed with the proposed modifications to the sidewalk and roadway on Kalar Road ( at Shriners Creek) using funding from the 2008 Sidewalk Replacement Program and 2008 Asphalt Overlay Program. MW- 2008 -48 - Tender # 2008 -08 Surface Treatment of Roads. It is recommended that the unit prices submitted by the lowest tenderer Norjohn Contracting & Paving be accepted, and that the Mayor and City Clerk be authorized to execute the necessary agreement. MW- 2008 -49 - Tender # 2008 -03 Asphalt Overlay Phase 2. It is recommended that the unit prices submitted by the lowest tender Rankin Construction Inc. be accepted, and that the Mayor and City Clerk be authorized to execute the necessary agreement. PD- 2008 -52 - Consultation Process for Wireless Telecommunication Tower. It is recommended that Council adopt the attached Consultation Policy for Wireless Telecommunication Facilities. - 11 - July 21, 2008 Council Minutes PD- 2008 -68 - Matters Arising from the Municipal Heritage Committee. It is recommended that Council approve the Designated Property Grant for two- thirds of the eligible costs for the restoration of the painted finish on the Egerton Morden House located at 6145 Corwin Avenue, to a maximum of $3,000 as outlined in this report. PD- 2008 -69 - Sidewalk Cafe Licence Agreement with the City SWC- 02/2008, Antica Pizzeria, 5791 Victoria Avenue. It is recommended that the Mayor and the City Clerk be authorized to execute a Sidewalk Cafe Licence Agreement , on behalf of the City, with John Masica to permit the operation of a sidewalk cafe over a portion of the City sidewalk in front of the Antica Pizzeria located at 5791 Victoria Avenue ORDERED on the motion of Councillor Kerrio, seconded by Councillor Pietrangelo the reports be approved as recommended. BY -LAWS Carried Unanimously F- 2008 - 32 - Transit Credit Card Report. It is recommended for the information of Council ORDERED on the motion of Councillor loannoni, seconded by Councillor Mayes that the report be received and filed. Motion Carried with Councillor Thomson opposed. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be given a first reading. Carried Unanimously 2008 -120 A by -law to authorize the execution of an Agreement with Max Brigade Control Line Model Flying Club, respecting the continued use of a portion of Crowland Park. 2008 -121 A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with Antica Pizzeria Inc., respecting the licencing of a Sidewalk Cafe over a portion of City sidewalk in front of Antica Pizzeria Inc. located at 5791 Victoria Avenue. 2008 -122 A by -law to authorize the execution of a Subdivision Agreement with 800460 Ontario Limited respecting Fernwood Subdivision - Phase 1 2008 -123 A by -law to establish part of Lot 22 Plan 6 & 7 Stamford as a public highway, to be known as and to form part of Riall Street. 2008 -124 A by -law to amend By -law No. 966 -50, being a by -law to regulate parking in Municipal Lots. 2008 -125 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. ( Metered Areas ) 2008 -126 A by -law to address public nuisances. 2008 -127 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 21s` day of July, 2008. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be read a second and third time and passed Carried Unanimously Niagara Parks Commission � /IA DEAN IORFI A C TY CLERK ERK - 12 - July 21, 2008 Council Minutes NEW BUSINESS ORDERED on the motion of Councillor loannoni, seconded by Councillor Pietrangelo that the Province take action to ensure that the principles of openness, transparency and accountability are applied to the Niagara Parks Commission and their tendering processes, especially with regard to the recently renewed Maid of the Mist agreement. Motion Carried with Councillors Wing and Fisher opposed ORDERED on the motion of Councillor Kerrio, seconded by Councillor Mayes that the meeting be adjourned at 915 p.m. Carried Unanimously C M:1 „IL R.T (TED) SALCI, MAYOR