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2001/10/15READ AND ADOPTED, TWENTY -FIFTH MEETING COMMITTEE -OF- THE -WHOLE PLANNING MEETING DISCLOSURES OF PECUNIARY INTEREST Committee Room #2 October 15, 2001 Council met on Monday, October 15, 2001 at 5:30 p.m. in Committee -of- the Whole. All members of Council, with the exception of Alderman Craitor, who was on vacation and Aldermen Hendershot, loannoni, Orr and Wing, who were away due to illness, were present. Alderman Wayne Campbell presided as Chairman. Following consideration of the items presented, the Committee -of- the -Whole rose to report in open session. R.O. KALLIO, ACTING CITY CLERK 'AYNE THOMSON, MAYOR Council Chambers October 15, 2001 Council met on Monday, October 15, 2001 at 6:00 p.m. for the purpose of considering Planning and Regular Business matters. All members of Council, with the exception of Alderman Craitor, who was on vacation and Aldermen Hendershot, loannoni, Orr and Wing, who were away due to illness, were present. Alderman Selina Volpatti offered the Opening Prayer. His Worship Mayor Thomson declared a conflict of interest on a sign variance matter dealt with in Community Services Committee. Aldermen Fisher declared a conflict of interest on discussions dealing with the railroad land acquisition because a family member is employed by one of the participants. Alderman Volpatti declared conflict of interest on the discussions dealing with the railroad land acquisition and on By -law No. 2001 -224, because a family member is employed by the Ritz Motel. Prior to dealing with Planning matters, the following issue was discussed. Railway Land Acquisition Alderman Feren referred to concerns expressed by the citizens of Niagara Falls regarding Council's decision dealing with the railway land acquisition. Following the discussion, it was ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that an ad be placed in the Niagara Falls Review City page, providing the specifics and details of the railway land acquisition to the citizens of Niagara Falls. The motion Carried with Alderman Puttick voting contrary to the motion; Aldermen Fisher and Volpatti abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. YWCA of Niagara Falls 2 DEPUTATIONS Ms. Bernice Mowat, YWCA of Niagara Falls advised that the week of October 14, 2001 was the International Week Without Violence; stated that in light of the events of September 11, 2001, a Day of Remembrance had been held o,n October 13, 2001; provided information on the YKNOT (Kids Need Our Time) Program and that the week be proclaimed as "YWCA Week Without Violence." ORDERED on the motion of Alderman Fisher, seconded by Alderman Fisher, that the Week of October 14 through October 21, 2001 be proclaimed as "YWCA Week Without Violence." Carried Unanimously. PLANNING MATTERS PD- 2001 -85 Chief Administrative Officer Re: Zoning By -law Amendment Application AM- 26/2001, 5558 McGrail Avenue; Applicant: Gary Patterson; Agent: Chris Cristelli Proposed Bed Breakfast Accommodation. The report recommends that Council approve the Zoning By -law Amendment application to permit one of the dwelling units within the existing three -unit dwelling to be used as a tourist home (bed breakfast accommodations) containing not more than three rooms for tourists. -AND Communication No. 199 Planning and Development Department. The communication advises as having no objections to the proposed amendment. Communication No. 200 Marko Roknic and Milka Zegarac. The communication advice being in agreement to the proposed application. Communication No. 201 -A Local Resident. The communication expresses opposition to the proposed application. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Acting City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by prepaid first class mail on September 14, 2001. 3 His Worship Mayor Thomson received indication that Mr. Chris Cristelli was in attendance on behalf of the applicant; and received a negative response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. The Director of Planning and Development advised that the proposal complied with the intent and purpose of the Official Plan; that the proposal would be an appropriate transitional tourism use in that it respects the surrounding residential land uses; and that it was appropriate for the orderly development of the property and would serve to protect other legal non conforming residential uses in the neighborhood until more intensive tourist development could be allowed in the area and that staff were recommending approval of the application. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a negative response in opposition to the application. Mr. Chris Cristelli reviewed the parking requirements in the recommendation report and advised of the provision of 5 parking spaces; he referred to the recommendation that the by -law include a provision requiring a minimum distance separation between the parking area and the dwelling in order to ensure that an area is maintained as amenity space and advised that the applicant would be providing a plus or minus 20 foot green space in that area. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 26/2001, closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the correspondence be received and filed. Carried Unanimously. PD- 2001 -87 Chief Administrative Officer Re: Official Plan Zoning By -law Amendment Application; AM- 27/2001, 4785 Drummond Road; Applicants: Branscombe, Family Foundation and River Realty Development (1976) Inc. Proposed Office Building. The report recommends the following: 1. That Council approve the Official Plan and Zoning By-Iaw Amendment Applications to permit the construction of a 5,000 square foot office building at 4785 Drummond Road; 2. That Council pass the by -laws, included in tonight's agenda, to adopt the Official Plan and Zoning By -law amendment to implement the proposed development. -AND Communication No. 202 Regional Niagara, Planning and Development Department. The communication advises as having no objections to the proposed amendment. 4 Communication No. 203 Regional Niagara, Public Works Department, Operational Support Services. The communication advises as having no objections to the zoning by- law amendment application. Communication No. 204 Canadian National Railway Properties Inc. The communication advises as having no objections to the proposed application. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Acting City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by placing a notice in the Niagara Falls Review and mailed by prepaid first class mail on September 14, 2001. His Worship Mayor Thomson received indication that Mr. John Mestick was in attendance on behalf of the applicant; and received a negative response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. The Director of Planning and Development advised that the developer was quite agreeable to the provision of greenspace and landscaping as part of the project. Trevor Chapman, ,6165 Burdette Drive East, expressed concerns regarding the location of the driveways, the traffic congestion in the area and safety concerns due to the proximity of schools and the bingo hall. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a negative response in opposition to the application. The Director of Planning and Development provided clarification with respect to the egress and ingress of the driveways. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 27/2001, closed. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimousl ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the Official Plan Amendment be approved. Carried Unanimously. ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the correspondence be received and filed. Carried Unanimously. See By -law No. 2001 -217 See By -law No. 2001 -218 PD- 2001 -92 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 28/2001, 5595 Drummond Road; Applicant: Falls Masonry Limited; Agent: Italia Gilberti; Proposed 27 -Unit Townhouse Condominium Development on the Subject Lands. The report recommends the following: 5 1. That Council approve the Zoning By -law amendment application to rezone the lands from the Residential Apartment 5B Density zone (R %B) to a site specific Residential Low Density Grouped Multiple Dwelling zone (R4) to permit a 27 -unit townhouse development on the subject lands; 2. That the amending zoning by -law contain site specific regulations to permit the following: the rear yard set back to the townhouses along the west lot line to be reduced to 7 metres (23 feet) for a one storey townhouse dwelling; the minimum distance between each building, where the exterior walls contain windows, to be reduced to 14.7 metres (48.5 feet) -AND Communication No. 205- Regional Niagara, Planning and Development Department. The communication advises as having no objections to the proposed amendment. Communication No. 206 Regional Niagara, Public Works Department. The communication advises as having no objection to the zoning by -law amendment application. Communication No. 207 Broderick Partners. The communication requests that upon the successful rezoning of the subject lands, deferral of payment of the Development Charges required pursuant to the proposed development of the subject lands until occupancy is permitted upon final completion of the construction; and further that in the alternative, that consideration be given to a Development Charge installment payment plan to pay the Development Charges in installments at the various stages of the construction. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Acting City Clerk advised that the Notice had been given in accordance with the Regulations by prepaid First Class mail on September 14, 2001. His Worship Mayor Thomson received indication that Ms. Italia Gilberti, was in attendance on behalf of the applicant; and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. The Director of Planning and Development reviewed the information provided in the Recommendation Report, through the use of posted sketches; discussed the Proposal; the Planning Review and advised that this application was a good addition to the area; referred to the preservation of trees in the area; advised that the proposal did not provide any accessibility to Leonard Street and that staff were in support of the application. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a positive response in opposition to the application. Mr. Brian Sparks, 6343 Division Street, advised that he was in support of the project if there was a condition stating no pedestrian or vehicular access to Division or Leonard Streets. 6 Ms. Joan Onofrio, 6323 Division Street, expressed concerns regarding the cutting down of trees in the area and the lack of greenspace; referred to the existing pollution caused by vehicles in a very busy area of town and requested that consideration be given to the provision of trees and greenspace. The Director of Parks and Recreation provided clarification with respect to the removal of trees; the preservation of trees and the replanting of trees. In response to concerns expressed, the Director of Planning and Development advised that the second phase of the application would be the site plan agreement detailing the issue of where trees are to be retained and the type of trees that would be planted. Mr. Sam Fiore, 6307 Division Street advised that in 1978, he had negotiated with the Niagara Falls Hydro to purchase 10 feet of land in order to have a proper driveway; he advised that a fence had been erected by Niagara Falls Hydro and he had been using the land as a right of way for his driveway and expressed the concern that if he does not have the use of the land, that he will not have a driveway. Ms. Italia Gilberti reviewed and responded to the concerns expressed with respect to access and advised that access would only be from Drummond Road; she further indicated that a fence would be installed, if the site plan required a fence; she provided clarification with respect to the issue of trees and greenspace; reviewed Mr. Fiore's concerns with respect to the right of way issue and advised that the matter would have to be further investigated. She advised that a full search of title had been conducted and that there was no registered right of way in favour of Mr. Fiore. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 27/2001, closed. ORDERED on the motion of Alderman Feren, seconded by Alderman Campbell, that the report be approved, subject to conducting an onsite meeting regarding the right of way issue. Carried Unanimously. ORDERED on the motion of Alderman Feren, seconded by Alderman Fisher, that the correspondence be received and filed. Carried Unanimously. PD- 2001 -94 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 25/2001, 7439 Lemon Road; Applicants: Terry Jacqueline White; Agent: Gary Cook Associates. The report recommends that Council approve the requested amendment to the Zoning By -law to preclude the residential use of Part 1. -AND Communication No. 208 Regional Niagara, Planning and Development Department. The communication advises as having no objections to the proposed amendment application. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Acting City Clerk advised that the Notice had been given in accordance with the Regulations on September 14, 2001. His Worship Mayor Thomson received indication that Mr. Gary Cook, was in attendance on behalf of the applicant; and received a negative response to his request for a show of hands by persons present who were interested in the application. 7 He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a negative response in opposition to the application. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 25/2001, closed. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the correspondence be received and filed. Carried Unanimously. PD- 2001 -89 Chief Administrative Officer Re: Proposed Change to Amending By- law Zoning By -law Amendment Application AM- 16/2000; Vegter Estates Draft Plan of Subdivision; Owners: Jack Diane Vegter. The report recommends the following: 1. That Council determine through resolution that the change proposed to the amending by -law does not require the giving of further notice prior to its passing; 2. That Council pass the amending by -law included in tonight's agenda to permit the development of the residential plan of subdivision. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. See Resolution No. 34 See By -law No. 2001 -223 PD- 2001 -91 Chief Administrative Officer Re: Update on Development Occurring in the Garner Neighbourhood. The report recommends that Council authorize the updating of Schedule 2 of the Garner Neighbourhood Secondary Plan as delineated in this report. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. PD- 2001 -93 Chief Administrative Officer Re: City of Niagara Falls Comments on the Five -Year Review of Provincial Policy Statements. The report recommends that Council authorize staff to forward the attached letter to the Ministry of Municipal Affairs as representing the City's comments on the five -year review of the Provincial Policy Statements. ORDERED on the motion of Alderman Feren, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. REGULAR COUNCIL ADOPTION OF MINUTES ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the Regular Minutes of October 1, 2001 be approved as printed. Carried Unanimously. MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS Hydro Utility Bills. His Worship Mayor Thomson referred to a Toronto Star article regarding Direct Energy and the changeover in electrical utilities in the Province and cautioned the citizens of Niagara Falls not to produce their hydro utility bills to individuals, who were very aggressive in their sales approach in trying to obtain citizens' hydro bills and signatures in order to obtain their business. ORDERED on the motion of Alderman Campbell, seconded by Alderman Feren, that a letter along with a copy of the Toronto Star article be forwarded to the Ministry of Energy requesting that appropriate action be taken, in order to protect consumers against such tactics of individuals who are very aggressive in their sales approach in trying to obtain citizens' hydro bills and signatures in order to obtain their business. Carried Unanimously. Bridge Closures His Worship Mayor Thomson referred to a meeting held with the Mayor of Niagara Falls, New York and of a resolution from Niagara Falls, New York, to the Niagara Falls Bridge Commission, requesting that the Whirlpool Bridge remain open. Mayor Thomson suggested that Council indicate it's support of that initiative. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that a letter be forwarded to the Provincial and Federal governments and to the Niagara Falls Bridge Commission advising that the Council of the Corporation of the City of Niagara Falls are in support of the Whirlpool Bridge remaining open. Carried Unanimously. Delays in International Bridge Traffic Breast Cancer Awareness Day Canada Citizenship Week FACS Reauest Regarding Child Abuse Prevention Month ORDERED on the motion of Alderman Feren, seconded by Alderman Volpatti, that the month of October, 2001 be proclaimed as "Child Abuse Prevention" month and that the purple ribbon be worn during the month of October. Carried Unanimously. His Worship Mayor Thomson referred to CNN News broadcasting the many delays on the International Bridges since the September 11, 2001 attacks on America and advised that there are no delays in bridge traffic at this time. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that October 21, 2001 be proclaimed as "International Breast Cancer Awareness Day." Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the week of October 15 21, 2001 be proclaimed as "Canada Citizenship Week" in Niagara Falls. Carried Unanimously. Infrastructure Funding 9 His Worship Mayor Thomson referred to the Association of Municipalities of Ontario requesting Municipal Councils' support of a resolution reminding the Federal and Provincial governments' commitment toward infrastructure funding support. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that Council supports AMO's resolution reminding the Federal and Provincial governments' commitment toward infrastructure funding support. Carried Unanimously. Provincial Government's Drinking Water Standards His Worship Mayor Thomson referred to a resolution from the municipality of Arran Elderslie regarding upgrades required to meet the new Ontario Drinking Water Regulations and indicating that since the Provincial government had implemented these standards that the Provincial government should also provide the appropriate funding for these projects. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that Council supports the resolution of the Corporation of the Municipality of Arran Elderslie petitioning the Provincial government to immediately provide reliable confirmation of Ontario Drinking Water Regulations Funding Levels to all municipalities, related to meeting the new regulations. Carried Unanimously. Ontario Power Generation Rate Increase ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that Council supports the resolution of the Municipality of Chatham -Kent requesting the Ontario Ministry of Energy to consider the economic implications of this drastic increase in Ontario Power Generation rates in order to pay down the debt left stranded by Ontario Hydro. Carried Unanimously. COMMUNICATIONS Communication No. 209 Town of Fort Erie, Office of the Mayor Re: International Bridges. The communication seeks support of the Cities of Windsor Sarnia's requests to the Federal and Provincial Governments for the allocation of appropriate human and financial resources as well as the establishment of clear strategies to deal with traffic management at border crossings on an issue of national significance and importance. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the request be supported. Carried Unanimously. Communication No. 210 Gales Gas Bars Limited Re: Billboard sign. The communication requests that an application by Pattison Outdoor Advertising to erect a Billboard sign behind Gales Gas Bar at 7811 Portage Road be granted. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the request be approved. Carried Unanimously. Communication No. 211 Robin Argenta Re: Blue Light Program. The communication requests financial consideration for the Blue Light Program in memory of police officers that have given their lives in the line of duty. ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the matter be referred to staff. Carried Unanimously. 10 REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the actions taken in Community Services Committee, earlier this evening be approved: 1. Adoption of the October 1, 2001 Community Services Committee Minutes; 2. MW- 2001 -143 Union Marsh Municipal Drain Boyd Drain Status Report that the report be received for information; 3. R- 2001 -42 Advance Payment for Ice Rental that staff continue to follow established invoicing procedures for all ice users; 4. BBS- 2001 -28 Sign Variance for 5685 Falls Avenue that the matter be referred to staff and to report back in one week Mayor Thomson conflict; 5. Niagara Falls Minor Hockey Association Concession Stands that the Ad Hoc Minor Hockey Committee bring forward their final report on Niagara Falls Minor Hockey for the October 29, 2001 Committee meeting; 6. R- 2001 -43 Carl Bray that the landscape plan be approved and that the developments be referred to the budget process; 7. Niagara Falls Public Library Joe Longo that Council proclaim the week of October 15 -21, 2001 as "Ontario Public Library Week in Niagara Falls." 8. OH Canada EH Dinner Theatre request for a donation be received and filed. The motion Carried with Mayor Thomson abstaining from the vote on Report BBS- 2001-28 on a conflict of interest and with all others voting in favour. MW- 2001 -140 Chief Administrative Officer Re: Contract 01- 115 -00; Drainage Course No. 6, Municipal Drain Construction. The report recommends that the unit prices submitted by the low tenderer, CRL Campbell Construction, be accepted and the corresponding provisional by -law be passed authorizing the construction of the drainage works. ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. MW- 2001 -141 Chief Administrative Officer Re: Drainage Course No. 6 Engineer's Report Spriet Associates. The report recommends that a Third Reading be given to the Provisional By -law No. 2001 -125. ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. MW- 2001 -142 Chief Administrative Officer Re: Transfer of Easement; Dorchester Road Storm Sewer Outlet. The report recommends that the City accept a Transfer of Easement described as Part 1, Plan 59R- 11483, from the Region of Niagara which will allow unobstructed access to an existing 1200 mm diameter storm sewer recently constructed in conjunction with the new 21 -unit condominium development by Falls Masonry Ltd. ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. MW- 2001 -144 Chief Administrative Officer Re: Closing of parts of Domenic Crescent; Plan M -92- Calaguiro Estates Subdivision. The report recommends the following: See By -law No. 2001 -125. 1. That staff be authorized to proceed with the closing of parts 8, 11, 31 and 32 as per attached plan and convey the same to the developer; 2. That the City exchange Block 111 (Parts 1 and 2) for part 4 for the purpose of locating the sanitary pumping station on Part 4; 3. That the developer convey Parts 7, 16 and 35 to the City. Parts 7 and 35 will form part of Domenic Crescent and part 16 will form part of the storm water management block. ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. F -2001 -63 Chief Administrative Officer Re: Donation of $50,000 to the New York City Relief Effort. The report recommends for the direction of City Council. ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the report be received and filed. The motion Carried with Alderman Puttick voting contrary to the motion and with all others voting in favour. RATIFICATION OF COMMITTEE -OF- THE -WHOLE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the actions taken in Committee -of- the -Whole earlier this evening be approved: Re: Purchase on Kalar Road from the Diocese of St. Catharines that the confidential recommendation by the City Solicitor be adopted. Carried Unanimously. Report of the Body Rub Parlour Committee Re: Marijana Kovinic Chair, Body Rub Parlour Committee. The report recommends the following: 1. That the Committee finds that Ms. Kovinic did not comply with Section 11 (1) (b) of the By -law because she did not prove that she had legal title to the property for the duration of the term of the license; 2. That Council direct the Clerk not to proceed with processing the application unless and until: His Worship Mayor Thomson received indication that Mr. DeLisio, Solicitor, was in attendance on behalf of Ms. Marijana Kovinic. Mr. DeLisio advised that an appeal to the Ontario Municipal Board on a severance application would be held on November 26, 2001 and requested that the date for Ms. Kovinic to provide the documentation be extended one week beyond the OMB hearing of November 26, 2001. Following some discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that Ms. Kovinic provide documentation on or before 4:30 p.m. on the 3 day of December, 2001 that she is either the owner or tenant of the property, failing which the application will not be processed. The motion Carried with Aldermen Feren and Pietrangelo voting contrary to the motion and with all others voting in favour. i) Ms. Kovinic provides documentation on or before 4:30 p.m. on November 16, 2001, that she is either the owner or tenant of the property, failing which the application will not be process; ii) Such documentation must comply with Section 11 (1) of the By -law and must be acceptable to the Clerk of the City of Niagara Falls. 12 L- 2001 -60 Chief Administrative Officer Re: Appointment of Temporary Acting City Clerk. The report recommends that Paul Pingue be appointed Temporary Acting City Clerk and that the attached by -law be passed later in the meeting. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. See By -law No. 2001 -215 L- 2001 -62 Chief Administrative Officer Re: Sale of part of Dock Street to 1314540 Ontario Inc., Part 3 on Reference Plan No. 59R -4257. The report recommends that the offer made by 1314540 Ontario Inc. to purchase part of Dock Street described as part 3 on Reference Plan No. 59R -4257, for $18, 500.00 be accepted. ORDERED on the motion of Alderman Fisher, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. RESOLUTIONS NO. 34 PIETRANGELO FEREN RESOLVED that the Council of the Corporation of the City of Niagara Falls determines in accordance with Section 34 (17) of the Planning Act, R.S.O. 1990, that the changes proposed to the zoning by -law for application AM- 16/2000 (Jack and Diane Vegter) do not require the giving of further notice. AND the Seal of the Corporation be hereto affixed. FOR THIRD READING ONLY BY -LAWS Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that By- law 2001 -125 be read a third time: 2001 -125 A by -law to provide for a drainage works in the City of Niagara Falls, in the Regional Municipality of Niagara. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that leave be granted to introduce the following by -laws, and the by -laws be read a first time 2001 -215 A by -law to appoint Paul Pingue as Temporary Acting City Clerk. 2001 -216 A by -law to authorize the execution of an agreement with C.R.L. Campbell Construction Drainage Ltd. respecting the construction of Drainage No. 6. 2001 -217 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan (Re: AM27/2001; River Realty/Branscombe Family Foundation) 2001 -218 A by -law to amend By -law No. 79 -200, as amended. (Re: AM27/2001; River Realty /Branscombe Family Foundation) 2001 -219 A by -law to stop up and close part of Graham Street, designated as Parts 8 and 10 on Reference Plan No. 59R- 11438. 13 2001 -220 A by -law to declare surplus the closed portion of Graham Street designated as Parts 8 and 10 on Reference Plan No. 59R -11438 and to authorize the transfer of the said closed portion of Graham Street to 1006057 Ontario Limited, for nominal consideration, plus costs. 2001 -221 A by -law to authorize the acceptance of an easement from Falls Masonry Limited for the purpose of a combined sewer over Part 1 on Reference Plan No. 59R -11483 (Re: AM- 28/2001,5595 Drummond Road) 2001 -222 A by -law to authorize the acceptance of an Offer of 1314540 Ontario Inc. to purchase the closed portion of Dock Street on Plan No. 251 designated as Part 3 on Reference Plan No. 59R -4257. 2001 -223 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 16/2000, Jack/Diane Vegter) 2001 -224 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 21/2001, Ritz Motel) 2001 -225 A by -law to authorize the execution of an Offer to Purchase with The Roman Catholic Episcopal Corporation for the Diocese of St. Catharines, in Canada respecting the purchase of lands The motion Carried with Alderman Volpatti abstaining from By -law No. 2001 -224 and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the by -laws be read a second and third time: 2001 -215 A by -law to appoint Paul Pingue as Temporary Acting City Clerk. 2001 -216 A by -law to authorize the execution of an agreement with C.R.L. Campbell Construction Drainage Ltd. respecting the construction of Drainage No. 6. 2001 -217 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan (Re: AM27/2001; River Realty /Branscombe Family Foundation) 2001 -218 A by -law to amend By -law No. 79 -200, as amended. (Re: AM27/2001; River Realty /Branscombe Family Foundation) 2001 -219 A by -law to stop up and close part of Graham Street, designated as Parts 8 and 10 on Reference Plan No. 59R- 11438. 2001 -220 A by -law to declare surplus the closed portion of Graham Street designated as Parts 8 and 10 on Reference Plan No. 59R -11438 and to authorize the transfer of the said closed portion of Graham Street to 1006057 Ontario Limited, for nominal consideration, plus costs. 2001 -221 A by -law to authorize the acceptance of an easement from Falls Masonry Limited for the purpose of a combined sewer over Part 1 on Reference Plan No. 59R -11483 (Re: AM- 28/2001,5595 Drummond Road) 2001 -222 A by -law to authorize the acceptance of an Offer of 1314540 Ontario Inc. to purchase the closed portion of Dock Street on Plan No. 251 designated as Part 3 on Reference Plan No. 59R -4257. 2001 -223 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 16/2000, Jack/Diane Vegter) Downtown Traffic Islands 14 2001 -224 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 21/2001, Ritz Motel) 2001 -225 A by -law to authorize the execution of an Offer to Purchase with The Roman Catholic Episcopal Corporation for the Diocese of St. Catharines, in Canada respecting the purchase of lands. The motion Carried with Alderman Volpatti abstaining from By -law No. 2001 -224 and with all others voting in favour. NEW BUSINESS Alderman Wayne Campbell advised that at a recent Downtown Board meeting there had been much dissatisfaction expressed regarding the new downtown traffic islands. Best Wishes for Speedy Recovery Alderman Wayne Campbell and Mayor Thomson expressed best wishes and a speedy recovery to Alderman Gary Hendershot. READ AND ADOPTED, ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that the meeting be adjourned. Carried Unanimously. R.O. KALLIO, ACT NG CITY CLERK YNE THOMSON, MAYOR