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2002/09/16Council met on Monday, September 16, 2002 at 5:00 p.m. in Committee -of -the Whole. All members of Council, with the exception of Alderman Craitor, were present. Alderman Carolynn loannoni presided as Chairman. Following consideration of the items presented, the Committee -of- the -Whole rose to report in open session. READ AND ADOPTED, DEAN IOR IDA ITY CLERK EIGHTEENTH MEETING COMMITTEE -OF- THE -WHOLE PLANNING MEETING Council met on Monday, September 16, 2002 at 6:00 p.m. for the purpose of considering Planning and Regular Business matters. All members of Council, were present. Alderman Kim Craitor offered the Opening Prayer. 0 Canada DISCLOSURES OF PECUNIARY INTEREST Committee Room #2 September 16, 2002 WAYNE THOMSON, MAYOR Council Chambers September 16, 2002 Mr. Dan Plunkett and Mr. Eric LeSurf of the Niagara Men's Chorus, sang the National Anthem. Alderman Craitor indicated a pecuniary interest on Report F- 2002 -53, Cheque No. 269603 because he is the recipient; and indicated a pecuniary interest on Cheque Nos. 270134; 269810; 270161; M93371; 269856; 270024; 269852; 262837 and 269853, because a member of his family is employed by the Region. Alderman Federow indicated a pecuniary interest on Report PD- 2002 -94, because he resides in the area; and indicated a pecuniary interest on Report F- 2002 -53, Cheque No. M93367 because he is the recipient and on Cheque Nos. 269587; 269823 and 270107 because of ongoing matters with the Humane Society. Alderman Feren indicated a pecuniary interest on Report CAO- 2002 -07 because he has a business relationship. -2- Alderman Fisher indicated a pecuniary interest on Report CAO- 2002 -07, because members of her family are employed by HOCO. Alderman loannoni indicated a pecuniary interest on Report F- 2002 -53, Cheque No. M93366 because she is the recipient. Alderman Pietrangelo indicated a pecuniary interest on Report F- 2002 -53, Cheque No. 269993, because he is the recipient; and indicated a pecuniary interest on Report PD- 2002 -90, because his place of employment will be directly adjacent to the proposed development; and indicated a pecuniary interest on Report L- 2002 -56, because family members are involved in testamentary devise matters. His Worship Mayor Thomson indicated a pecuniary interest on Report CAO- 2002 -07 and indicated a conflict of interest on Report PD- 2002 -87 because a family member resides in the area of the proposed development. Canadian Cancer Society PRESENTATIONS His Worship Mayor Thomson, on behalf of the City and St. John Ambulance, presented plaques which recognized the life saving efforts of Brian Lavigne, age 12, a student at Cardinal Newman School, and of Michelle Cowles, age 9, a student at Orchard Park Elementary School, who had both, on two separate occasions, performed the Heimlich maneuver to save the lives of classmates. His Worship Mayor Thomson introduced Lieutenant Colonel Jeffrey Cairns, Chair, St. John Ambulance who presented the Life Saving Certificate to Brian Lavigne and to Michelle Cowles; and he also acknowledged and recognized Mr. Bob Gale, of Gales Gas Bars and the City of Niagara Falls for their support. DEPUTATIONS Ms. Anne Angelone, President, Niagara Falls Branch, Canadian Cancer Society introduced Jody Watson, Anne Marrone and Nancy Ryan, members of the Niagara Falls Branch, Canadian Cancer Society and provided a brief summary on the upcoming Canadian Cancer Society's Pink Ribbon Campaign; she requested that Council proclaim the month of October, 2002 as "Breast Cancer Awareness Month she also advised that a "Tree of Triumph" would be planted on October 20, 2002. Following the presentation, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the October be proclaimed as "Breast Cancer Awareness Month Carried Unanimously. Public Apology Ms. Jean Grandoni provided a public apology to Mr. Eric Henry. His Worship Mayor Thomson received indication that Mr. Anthony Vacca was in attendance on behalf of Mr. Eric Henry Aldermen Feren and Fisher left Council Chambers on conflicts of interest previously noted on the following issue. Chair. -3- His Worship Mayor Thomson declared a conflict of interest and relinquished the Alderman Wayne Campbell assumed the Chair. CAO- 2002 -07 Chief Administrative Officer Jolley Cut. The report recommends the following: 1) That Council consider the motion approved by the Niagara Parks Commission on the Jolley Cut at its August 16,2002 meeting; 2) That Council provide direction to staff. -AND Communication No. 146 Correspondence from Piraino Raimondo Associates. The communication discusses the Robinson Street Hotel Development. The Chief Administrative Officer provided a brief summary of the events that had occurred with regard to the Jolley Cut matter; he referred to a proposal that had been brought forward by Canadian Niagara Hotels and that a study was to be undertaken, co- ordinated and facilitated through the City, funded by the Niagara Parks Commission and shared with other property owners in the area. He advised that the Niagara Parks Commission has since decided not to move forward with the study and have gone on record advising the Niagara Falls City Council "that it does not endorse the development of the Jolley Cut as proposed and further advise that the Niagara Parks Commission is prepared to take the transfer of the unimproved portion of Robinson Street from the City of Niagara Falls for a nominal consideration." He advised that Mr. Bob Burrell, Niagara College, for the Centre of Visualization, was in attendance to provide a visualization presentation to members of Council. During the discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the matter be deferred until a public meeting is held, following which a final decision on the Jolley Cut would be made. The motion was Lost ORDERED on the motion of Alderman Orr, seconded by Alderman loannoni, that the City of Niagara Falls retain the ownership of the Jolley Cut. Carried Unanimously. Discussion ensued with respect to keeping the Jolley Cut in the public domain; the use of restrictive covenants and licenced agreements to maintain public ownership and access and restricting development on the moraine. Mr. Emilio Raimondo, Piraino Raimondo Associates reviewed his correspondence dated September 13, 2002 dealing with the Robinson Street Hotel Development; he expressed the opinion that the Niagara Parks Commission's motion did not address key and critical issues such as continued public access to the park, identification of an appropriate entrance, impact on the Fallsview Area and the concept of the Grand Boulevard. Mr. Raimondo felt a proper consultant's report on this matter was still necessary. -4- ORDERED on the motion of Alderman Volpatti, seconded by Alderman Wing, that Mr. Jim Brown be permitted to address Council. The motion Carried with Alderman Puttick voting contrary to the motion and with all others voting in favour. Mr. Jim Brown, on behalf of the Residents for Public Ownership of the Jolley Cut, voiced the opinion that the main stakeholders were the residents of Niagara Falls, who expressed their wishes that the Jolley Cut be retained in its present dimensions of 66 feet with its continued, unfettered access by the public. Alderman Puttick was ruled out of order when he expressed the opinion that the Chair was giving partiality to the speaker. Alderman Puttick vacated Council Chambers. Following some discussion, it was ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni, that Council go on record as not endorsing development of the City owned portion of the Jolley Cut and as supporting the continuous free and unfettered public access and maintenance of the Jolley Cut as a natural area. The motion was Lost. Following further discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the City initiate negotiations to transfer control of the Jolley Cut to the Niagara Parks Commission by way of a long -time lease with the proviso that there be free public access along the Jolley Cut to Queen Victoria Park for the lifetime of the lease. The motion Carried with Alderman Pietrangelo voting contrary to the motion and with all others voting in favour. On the motion of Alderman Pietrangelo, seconded by Alderman Janvary-Pool that Council watch the Niagara College visualization presentation. The motion was Lost. On the motion of Alderman Wing, seconded by Alderman Federow, that Council begin the process of designating the entire length and the 66 foot width of the Jolley Cut under the Ontario Heritage Act as a significant natural feature. In response, the City Solicitor advised that under the Ontario Heritage Act, the Local Architectural Conservation Advisory Committee (LACAC should make the recommendation to Council regarding designation of the Jolley Cut. Following some discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary-Pool, that the matter of designating the Jolley Cut as a natural feature be deferred. The motion Carried with Aldermen Craitor and Wing voting contrary to the motion and with all others voting in favour. Acting Mayor Alderman Wayne Campbell vacated the Chair. Alderman Fisher returned to Council Chambers. PLANNING MATTERS -5- Alderman Selina Volpatti assumed the Chair due to a previously noted conflict of interest by His Worship Mayor Thomson. PD- 2002 -87 Chief Administrative Officer Re: Zoning by -law Amendment Application; AM- 24/2002, Bridgewater Street Main Street; Applicant K. Dianne Chopp; Proposed Bed Breakfast Accommodation. The report recommends the following: 1) That Council approve the Zoning By -law amendment application to permit a proposed dwelling to be used for a tourist home (bed and breakfast) containing not more than two rooms for tourists; 2) That the amending by -law be tailored to ensure that the dwelling is oriented toward Main street as detailed in this report. AND Communication No. 147 Petition from the Residents of Chippawa. The petition states that "we the undersigned are opposed to the rezoning of the property known as Part of Lot "A Plan 251, further described as part of Plan 59R -11509 in the City of Niagara Falls from Residential 1 to Tourist Home (Bed Breakfast), as well as any other rezoning for such purposes in our Residential Area AND Communication No. 148 Mr. H. Dawson, 7948 Sarah Street. The communication expresses opposition to the proposed amendment. -AND Communication No. 149 Mr. Paul N. Krowchuk, Solicitor, on behalf of Ms. Teri Salvador. The communication attaches the same petition as provided by the Residents of Chippawa (Communication No. 147). -AND Communication 150 The Niagara Parks Commission Re: Zoning By -Law Amendment Application; AM- 24/2002; Part 1, Plan 59R- 11509. The communication advises as having no objection to the proposal, provided that vehicular access to the site is restricted to Main Street only, and the owners apply to the Commission for any signage that they may require. Acting Mayor Alderman Selina Volpatti declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance to Regulations on August 23, 2002. Acting Mayor Alderman Selina Volpatti received indication that Ms. Bev Hodgson, Solicitor, was in attendance on behalf of the applicant, and received a positive response to her request for a show of hands by persons present who were interested in the application. She 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. Acting Mayor Alderman Selina Volpatti, 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 Acting Mayor Alderman Selina Volpatti'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. -6- The Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; pointed out that, as per the letter from the Niagara Parks Commission, the front yard of the development would have to be on Main Street; explained that the new public notice provided greater detail and clarification on the application, pointed out that the "de- zoning" by the Committee of Adjustment was appropriate allowing for further public input into any development on the severed piece of property and advised that significant modifications had been made by the applicant to alleviate the concerns expressed by the neighbour to the west; based on the aforementioned, to site specifically add a tourist home (bed and breakfast) with not more than two units, as a permitted use under the RI C zoning was appropriate. Mr. Paul Krowchuck, on behalf of Ms. Teri Salvador, expressed concerns regarding front and rear yard setback requirements, traffic concerns and the appropriateness of having another Bed and Breakfast in the area. He indicated that the proposed development was not in keeping with the neighborhood as the proposed dwelling would be quite large and intrusive; advised that the surrounding neighbours did not want this development in their neighborhood and that the application was insufficient in detail. The Director of Planning and Development responded to concerns expressed with respect to the criteria and designations regarding Bed Breakfasts; and advised that it was Council's prerogative to consider excluding certain areas of the City from having Bed and Breakfast establishments through the Official Plan. Mr. Walter Schoustal, 3554 Bridgewater Street, voiced traffic concerns, specifically during the tourist season, and expressed the opinion that one Bed Breakfast was sufficient in the area. Mr. Carmen Lanni, 7909 Sara Street, felt that Council should consider the will of the residents in the area. Ms. Bev Hodgson, Solicitor, addressed the concerns expressed with respect to traffic; access; setback requirements; streetscaping and the use of the property. She pointed out that development will take place on the parcel even if it was not supported as a Bed Breakfast; she advised that the proposed development would not impact on the adjacent property and expressed the opinion, that if the neighbour did not want a Bed Breakfast next door, she could have contractually restricted such a development in the terms of the sale. Ms. Hodgson requested that Council consider staffs recommendation and approve the request to permit a proposed dwelling to be used for a bed and breakfast containing not more than two rooms for tourists. Since no further comments were forthcoming, Acting Mayor Alderman Selina Volpatti declared the Public Meeting with regard to AM- 24/2002, closed. ORDERED on the motion of Alderman Orr, seconded by Alderman Craitor, that the application be denied. Carried Unanimously His Worship Mayor Thomson resumed the Chair. PD- 2002 -90 Chief Administrative Officer Re: Supplementary Recommendation Report; Garner Estates Phase 4; Draft Plan of Subdivision 26T -11- 2002 -04 (Revised); Zoning By -Law Amendment Application AM- 27/2002; Owner: River Realty Development (1976) Inc. The report recommends the following: -7- 1. That the Garner Estates Phase 4 Plan of Subdivision be draft approved subject to the conditions in the attached Appendix; 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council; 4. That the application to amend the Zoning By -law be approved to provide the necessary land use regulations to guide the development of the subdivision. -AND Communication No. 151 River Realty Development (1976) Inc. The communication advises that an agreement had been entered into an Agreement of Purchase Sale with Mr. Bedard for his property on Garner Road. -AND Communication No. 152a) (HANDOUT) Mr. Henry C. Badger Re: Stormwater Drainage. The communication expresses concerns with respect to the public notification process and of the inopportunity to provide input on the matter; -AND Communication No. 152b) (HANDOUT) Mr. Henry C. Badger Re: Excessive Stormwater Drainage. The communication suggests that the drainage be placed underground directly across from his farm; AND Communication No. 152c) (HANDOUT) Statutory Declaration of Mr. John Miller Re: Badger Farms Ltd. The communication states that at the present time, the southerly flow of water from the lands at the corner of Kalar Road and Lundy's Lane now ends at the northerly boundary of the school property and then moves in a westerly direction to join the system that directs water onto the Badger lands. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance to Regulations on August 23, 2002. His Worship Mayor Thomson received indication that Mr. John Mestek, 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 discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; advised that the provision of the McGarry Road access to Garner Road was a key element in the development of the subdivision; he advised that staff were recommending approval of the application. -8- There was a positive 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. Rocco Vacca, Solicitor, on behalf of Mr. Mrs. Joseph Futino, stated that an agreement had been entered into respecting the Bedard property and indicated that both the Futino family and the abutting owner were in support of the redesigned plan, for the following reasons: because it would lead to an orderly development of the adjacent properties and would allow for the better alignment of the collector road, which is now more likely to happen with the current configuration; he suggested that Council consider approval of this plan and application. Mr. Henry Wojnarowski, 7000 Garner Road, advised that the developer's purchase of land and the new provision for a collector road had made his property into a corner lot; he was dismayed by the fact that the change to the plan happened very recently. Mr. Wojnarowski expressed the opinion that it was one thing to knowingly purchase a corner lot, but that the new plan devalued his property. Mr. Henry Badger, 5788 Brookfield Avenue, expressed concerns regarding excessive stormwater drainage and the existing stormwater retention pond. Mr. Vacca expressed the view that the Futino property would not be developed if the newest proposal was not approved and that the Futino's were willing not to develop their property should the collector road go through it. Mr. John Mestek advised that his client was in agreement with staffs recommendation report; provided a brief summary of the events leading to the present application; provided clarification on concerns expressed regarding traffic and storm water management and requested that Council support staffs recommendations. The Director of Municipal Works advised that staff would be responding to all of Mr. Badger's concerns and indicated that a larger water retention pond would be constructed to accommodate the development. The Director of Planning and Development offered that road allocation, buffering and fencing considerations could be incorporated to provide more protection to the Wojnarowski property. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to AM- 27/2002, closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the report be received and adopted. The motion was Defeated. ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that the matter be deferred in order that the concerns expressed could be addressed. Carried Unanimously. PD- 2002 -94 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 16/2002, North Side of Marshall Road, West of the Niagara Parkway; Applicant: Phil Fisher; Proposal to Repeal a Zoning By -law that Permits a Food Processing and Packaging Plant on the Lands. The report recommends that Council approve the Zoning By -law amendment application to prevent a food processing and packaging plant from being reestablished on the land. -AND Communication No. 153 Mr. Brian Sinclair. The communication advises as being in agreement with the zoning by -law amendment. -9- -AND Communication No. 154 The Niagara Parks Commission. The communication advises as having no objection to the proposal. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. His Worship Mayor Thomson received indication that the applicant, Mr. PhD Fisher was in attendance 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; he 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 AM- 16/2002, closed. ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that the report be received and adopted. The motion Carried with Alderman Federow abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that the correspondence be received and filed. Carried Unanimously. PD- 2002 -86 Chief Administrative Officer Re: Public Meeting; Willoughby Gardens Draft Plan of Subdivision; File: 26T -11- 2002 -03; Owner: Guardian Inter Funding Inc. The report recommends that Council consider input received at the Public Meeting and refer all matters to staff for the review of the Willoughby Gardens Draft Plan of Subdivision. His Worship Mayor Thomson advised that the purpose of the public meeting was to receive information and to provide an opportunity for the public to comment on the proposed subdivision, following which the Planning Development Department would consider all comments received and prepare a recommendation report on the proposed subdivision to Council at a future meeting. The City Clerk advised that the Notice of the Public Meeting had been given in accordance to Regulations on August 30, 2002. His Worship Mayor Thomson received indication that Mr. Phil Fisher 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. Mr. Phil Fisher provided an overview of the proposal which was to subdivide a 1.58 acre site on the west side of Willoughby Drive, south of Gunning Drive, into eight lots for single- detached dwellings. Since no further comments were forthcoming, His Worship Mayor Thomson declared the meeting with regards to the Willoughby Gardens Draft Plan of Subdivision closed. -10- ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that the matter be referred to staff. Carried Unanimously. PD- 2002 -84 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 32/2002, 5067 5079 Victoria Avenue; Applicant: Nicholas Shirley Mazzone; Proposed Bed Breakfast Accommodation. The report recommends that Council approve the Zoning By -law amendment application to permit the buildings at 5067 and 5079 Victoria Avenue to be used as tourist homes (bed breakfasts) each containing not more than four rooms for tourists. AND Communication No. 155 Canadian National Railway Properties Inc. The communication requests that the owner insert a warning clause in all development agreements, offers to purchase, agreements of Purchase and Sale or Lease and include in a Noise Impact Statement the following: "All persons intending to acquire an interest in the real property by purchase or lease are advised of the proximity of CNR's Niagara Falls yard, which operates on a 24 -hour basis. It is possible that the marshalling yard operations may cause disturbance and may be altered or expanded which could affect the living environment of the residents despite the inclusion of any noise and vibration attenuating measures in the design of the outdoor amenity area(s) and individual dwelling(s). Residents are advised that further mitigation cannot be expected and Canadian National Railway will not be responsible for any complaints or claims arising from use of such facilities and /or operators." The communication further recommends that due to the proximity of their rail yard, the owner should engage a consultant to undertake an analysis of noise and provide abatement measures necessary to achieve the maximum level limits set by the Ministry of Environment. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. His Worship Mayor Thomson received indication that the applicant was in attendance and received a negative response to his request for a show of hands by persons present who were interested in the application. Alderman Wing vacated Council Chambers due to illness. His Worship Mayor Thomson 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 meeting dealing with AM- 32/2002, closed. ORDERED on the motion of Alderman Campbell, seconded by Alderman Fisher, that the report be received and adopted. The motion Carried with Alderman Campbell abstaining from the vote on a conflict of interest because he resides in the area and with all others voting in favour. ORDERED on the motion of Alderman Fisher, seconded by Alderman Campbell, that the communication be received and filed. Carried Unanimously. PD- 2002 -85 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 29/2002, 4779 Zimmerman Avenue; Applicants: Robert Wendy Keldson; Proposed Bed Breakfast Accommodation. The report recommends that Council approve the Zoning By -law amendment application for 4779 Zimmerman Avenue to permit the existing dwelling to be used as a tourist home (bed breakfast) containing up to three rooms for tourists. AND Communication No. 156 Canadian National Railway Properties Inc. The communication requests that the owner insert a warning clause in all development agreements, offers to purchase, agreements of Purchase and Sale or Lease and include in a Noise Impact Statement the following: "All persons intending to acquire an interest in the real property by purchase or lease are advised of the proximity of CNR's Niagara Falls yard, which operates on a 24 -hour basis. It is possible that the marshalling yard operations may cause disturbance and may be altered or expanded which could affect the living environment of the residents despite the inclusion of any noise and vibration attenuating measures in the design of the outdoor amenity area(s) and individual dwelling(s). Residents are advised that further mitigation cannot be expected and Canadian National Railway will not be responsible for any complaints or claims arising from use of such facilities and /or operators." The communication further recommends that due to the proximity of their rail yard, the owner engage a consultant to undertake an analysis of noise and provide abatement measures necessary to achieve the maximum level limits set by the Ministry of Environment. On the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that permission be granted to proceed past 11 :00 p.m. Carried Unanimously. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. His Worship Mayor Thomson received indication that the applicant was in attendance and received a negative response to his request for a show of hands by persons present who were interested in the application. His Worship Mayor Thomson 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 meeting dealing with AM- 29/2002, closed. ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. -12- PD- 2002 -88 -Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 31/2002, EIS Ailanthus Avenue: Applicant: Walker Diggon Construction Ltd., Agent: Michael Allen, Architect; Proposed 3- storey Apartment. The report that Council approve the Zoning by -law amendment for a vacant parcel of land on the east side of Ailanthus Avenue conditional on the following site specific provisions being included in the amending by -law: 1. That the maximum number of units be no more than 20; 2. That the minimum side yard setback be not Tess than 22 feet; 3. That the minimum landscaped open space strip between the parking area and any property line be not less than 10 feet. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. His Worship Mayor Thomson received indication that Mr. Michael Allen, Architect, 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. His Worship Mayor Thomson 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. Mr. Michael Allen distributed an Architects Rendering of the proposed apartment complex illustrating the building layout, floor plans; building elevations and parking spaces; advised that an increase in buffer landscaping around the parking would be considered and requested that the permitted number of units be increased from 17 to 20. Since no further comments were forthcoming, His Worship Mayor Thomson declared the meeting dealing with AM- 31/2002, closed. ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that the report be amended to indicate that the permitted number of units be increased from 17 to 20. Carried Unanimously. PD- 2002 -89 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 30/2002, Brookfield Court Draft Plan of Subdivision; Applicant: Cuviello Construction Limited (In Trust) (Agreement of Purchase and Sale); Tree Protection and Reduced Front Yard Setbacks. The report recommends that Council approve the amendment to the Zoning By -law as detailed in this report to provide special tree protection and also a reduced minimum front yard setback requirement for two proposed lots in the subdivision. AND Communication No. 157 Regional Niagara, Planning and Development Department. The communication provides comments with respect to the preservation of the Red Oak tree and advises as not being opposed to the approval of the zoning by -law amendment. -13- AND Communication No. 158 Rick Linda Volpatti. The communication comments on the impacts that this proposed development may have on the significant Oak tree; and advises as having no objection to the continued inclusion of our property in this zoning application subject to reviewing the zoning by -law which specifically details the permitted use in this protected area and are in agreement with the description in the draft zoning report. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. His Worship Mayor Thomson received indication that the applicant, Mr. Joe Cuviello, was in attendance and received a negative response to his request for a show of hands by persons present who were interested in the application. His Worship Mayor Thomson 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 meeting dealing with AM- 30/2002, closed. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. PD- 2002 -92 Chief Administrative Officer Request for Extension to Draft Plan Approval; Chippawa West Phase 2; File 26T- 94009; Owner: Queensway Chippawa Properties Inc. The report recommends that Council support a one -year extension to draft plan approval for the Chippawa West Phase 2 Plan of Subdivision, conditional on the applicant maintaining the appropriate subdivision sign on the property for public information purposes. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. PD- 2002 -93 Chief Administrative Officer Re: Matters Arising from the Local Architectural Conservation Advisory Committee (LACAC). The report recommends that Council pass the by -law on tonight's agenda to repeal a portion of the heritage designation applicable to the railway lands and retain designation of the Via Rail Station. ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. REGULAR COUNCIL ADOPTION OF MINUTES See By -law No. 2002 -168 See By -law No. 2002 -169 ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the Minutes of the Special Council Meeting of August 1, 2002 and the Minutes of the Planning /Regular Council Meeting of August 12, 2002 be approved as printed.. Carried Unanimously. Peace Vigil MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS His Worship Mayor Thomson congratulated and thanked Aldermen Janvary-Pool and Fisher and Sue Forcier for their participation and involvement in the "Peace Vigil" held at Firemen's Park on September 11, 2002. COMMUNICATIONS Communication No. 159 John Nancy Semach Re: By -law No. 2002 -129 To provide for the control of animals, passed July 15, 2002. The communication requests that the same consideration be given as was given to owners of exotic pets, business in non conforming areas, since the by -law that pertains to them changed, they were grandfathered as they were in existence before the by -law and exempt from the by -law. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the matter be referred to staff. Carried Unanimously. Communication No. 160 Honeymoon City Toastmasters Re: Proclamation. The communication requests that Council proclaim the month of October, 2002 as "Toastmasters Month" ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that the request be approved. Carried Unanimously. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the actions taken in Community Services Committee, earlier this evening, be approved: 1. Adoption of the August 12, 2002 Community Services Committee Minutes; 2. BBS- 2002 -12 7009 Lundy's Lane Sign By -law Variance for Speedy International Inc. that Council approve the requested variance; 3. MW- 2002 -115 Class Environmental Assessment Beaverdams Road (Lundy's Lane to Kalar Road) Preferred Alternative Notice Study Completion that the City adopts the recommendation to incorporate specific traffic calming measures and that the project be considered in the 2003 Capital Works Budget; 4. MW- 2002 -123 Niagara Transportation Needs Assessment that the Province proceed with the widening of the QEW through St. Catharines and Sand Plant Hill as soon as possible; further that the City of Niagara Falls support the initiation of the Environmental Assessment for the Mid Peninsula Corridor; and that staff report back to Council after speaking with representatives of the Hamilton /Halton area before reintroducing the "Niagara Peninsula Transportation Needs Assessment Study" for Council's consideration; 5. Presentation of Three Alternatives for Fallsview Boulevard MW- 2002 -121 Fallsview Boulevard Widening Issues Brief that this report be received for the information of Council; 6. New Business: That the Grey Avenue Heavy Vehicle restriction petition be referred to the Parking and Traffic Committee. Carried. MW- 2002 -113 Chief Administrative Officer Re: Winter Sand (2002 -2003) Season, Regional Tender 2002 -T -28. The report recommends that the tender for supply and delivery of winter sand, including the mixing of salt with this sand, be awarded to Vineland Quarries for the unit prices tendered. ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. MW- 2002 -114 Chief Administrative Officer Re: Class Environmental Assessment Reconstruction and Widening of Kalar Road (Lundy's Lane to Beaverdams Road) The report recommends that the City engage the services of the V S Engineering Group Ltd. to conduct a Class Environmental Assessment for the reconstruction and widening of Kalar Road (Lundy's Lane to Beaverdams Road) in accordance with their proposal dated August 26, 2002. ORDERED on the motion of alderman Pietrangelo, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. MW- 2002 -116 Chief Administrative Officer Re: Tender 2002 102 -01, Dropshaft Trunk 'Storm Sewer Extension; Hydro One Right -of -Way, Valley Way to Stanley Avenue /Highway 420. The report recommends that the unit prices submitted by the low tenderer, Provincial Construction Ltd., be accepted, subject to Report MW 2002 -117, Hydro One Easement Agreement being approved. ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. MW- 2002 -117 Chief Administrative Officer Re: Hydro One Agreement for Dropshaft and Storm Sewer Extension on Hydro One R.O.W. from Valley Way to Stamford Street. ..report recommends that staff be authorized to enter into an easement agreement with Hydro One for the purpose of a storm sewer from Valley Way to Stamford Street. The agreement contains a one -time payment of $57,500.00 plus G.S.T. ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. MW- 2002 -118 Chief Administrative Officer Re: Licence Renewal Agreement Kiwanis Bench Advertising Program. The report recommends that the license renewal agreement with the Kiwanis Club of Stamford Ontario Limited be approved and further that the Mayor and Clerk be authorized to execute the said agreement. ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. MW- 2002 -119 Chief Administrative Officer Re: Dump Box Upgrade on Truck #101. The report recommends that the purchase of a "U" body sand /salt box for truck #101 be awarded to Viking Cives at a cost of $35,767.30 including taxes. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. MW- 2002 -120 Chief Administrative Officer Re: Water Model Phase II. The report recommends that in accordance with the City's Consultant Selection Policy, it is recommended that the City of Niagara Falls enter into a Consulting Services Agreement for field testing and subsequent calibrations of a dynamic water quality model system with Earthtech Canada Limited, for the upset limit of $50,100.00. 1900 -1950 Era -16- ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. R- 2002 -49 Chairperson, Sports Wall of Fame Committee Re: 2002 Sports Wall of Fame Inductees. The report recommends that Council endorse the following Inductees to the 2002 Niagara Falls Sports Wall of Fame, as recommended by the Sports Wall of Fame Committee: Jack Bell Builder Charles Kitchener Shannon Athlete Gerald Edmund Shannon Athlete Anthony "Jiggs" Rufrano Athlete 1951 -1970 Era Arthur Clifford Darch Athlete Daw's Sheet Metal 1961 Provincial Champs Team Falls View Firemen Juveniles Team John Robb Builder Weightman's O.B.A. Champions Team 1972 -1990 Era A.N. Myer Girls Soccer Team Team Marty Dallman Athlete Pete Mancuso Builder ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman loannoni, that the report be received and adopted. Carried Unanimously. R- 2002 -51 Chairperson, Arts Culture Commission Re: Heritage Community Recognition Program. The report recommends that Council approve the nominations selected by the Art and Culture Commission for the Heritage Community recognition Program and that the nominations be forwarded to the Ontario Heritage Foundation. ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Alderman Pietrangelo, that the actions taken in Corporate Services Committee, earlier this evening, be approved: 1. Adoption of the May 27 2002 Corporate Services Committee Minutes; 2. F- 2002 -50 June 30, 2002 Reserves Reserve Funds Update that the June 30, 2002 Reserves and Reserve Funds Update be received and filed for information; 3. F- 2002 -52 2002 Financial Update, Second Quarter that the 2002 Financial Update, Second Quarter be received and filed for information; 4. F- 2002 -53 Municipal Accounts that the Municipal Accounts totalling $16,994,922.62 for the period ending September 16, 2002 be approved; New Business 5. F- 2002 -54 Purchase of Financial Software from Vadim Computer Management Group Ltd. that the Corporate Services Committee approve the purchase of financial software from Vadim Computer Management Group Ltd., at a purchase cost of $178,940.00 and an estimated installation cost of $206,130.00, plus applicable taxes; 6. IS 2002 Connecting Niagara that City Council support the Connecting Niagara application to Connect Ontario/GEOSmart for Infrastructure Project Funding from the Ontario Provincial Government and the contribution of $40,500.00 to be incurred in the 2003 and 2004 budgets, respectively; 7. F 2002 Deferred Development Charges that the Corporate Services Committee approve the policy and procedure (Schedule A) for the payment of deferred development charges; 8. That the request from Niagara 21 Group Inc. for deferral of applicable development charges for the Embassy Suites Hotel be approved in accordance with the City's by- law and the policy and procedure for the payment of deferred development charges; That staff report back with a complete account of the International Boxing Match expenditures. Carried. See By -law No. 2002 -167 L- 2002-42 Chief Administrative Officer Re: Transfer of Easement to Enbridge Gas Distribution Inc., Parts 3 and 4 on 59R -9415; Erie Avenue and Elizabeth Place. The report recommends that Council authorize a Transfer of Easement along Parts 3 and 4 on Reference Plan 59R -9415 from The Corporation oft he City of Niagara Falls to Enbridge Gas Distribution Inc. for the purpose of protecting a gas main, for nominal consideration. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the report be received and adopted. Carried Unanimously. L- 2002 -44 Chief Administrative Officer Re: Stopping Up and Closing of Part of Beechwood Road between Mountain Road and Thorold Stone Road. The report recommends that parts of Beechwood Road between former Stamford Township Lots 50 51 designated as part 15 on a draft Reference Plan, attached as Appendix "I be stopped up and closed and that the Regional Municipality of Niagara be so notified. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the report be received and adopted. Carried Unanimously. See By -law No. 2002 -155 L 2002 45 Chief Administrative Officer Re: Letters of Credit. The report recommends that HSBC Bank Canada be added to the list of approved banks and credit unions from which the City can accept Letters of Credit as security. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the report be received and adopted. Carried Unanimously. See By -law No. 2002 -161 L 2002 47 Chief Administrative Officer Re: Stopping Up and Closing of Cardinal Newman Way Road Allowance. The report recommends that staff be authorized to commence proceedings to stop up and close Cardinal Newman Way formerly known as Kimbark Avenue. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the report be received and adopted. The motion Carried with Alderman Pietrangelo abstaining from the vote on a conflict of interest and with all others voting in favour. -18- L- 2002 -48 Chief Administrative Officer Re: Lion's Club Lease with the City; 4981 5027 Drummond Road. The report recommends that a Lease Agreement, dated January 16, 2002, with Lions Club of Niagara Falls (Ontario) Canada, Inc. to lease City property at 4981 and 5027 Drummond Road, be authorized. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the report be received and adopted. Carried Unanimously. L- 2002 -49 Chief Administrative Officer Re: Establishment of Public Highway; Part 4 on 59R -11798 as Part of Beaverdams Road. The report recommends that a road widening, being part 4 on Reference Plan 59R -11798 attached as Appendix "A be established as a public highway, to be known as, and to form part of Beaverdams Road. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the report be received and adopted. Carried Unanimously. See By -law No. 2002 -154 L- 2002 -50 Chief Administrative Officer Re: Establishment of a Road Widening and a One Foot Reserve as Public Highways; Blocks 13 14 on M -297 as a Road Widening and Daylighting Triangle as Part of Kalar Road, Blocks 15 16 on M -297 as One Foot Reserves as part of Kalar Road. The report recommends the following: 1. That Blocks 13 14 on 59M -297 in the City of Niagara Falls, in the Regional Municipality of Niagara attached as Appendix "1", be established as public highways, to be known as, and to form part of Kalar Road; 2. That the one foot reserves described as Blocks 15 16 on M -297 in the City of Niagara Falls, in the Regional Municipality of Niagara attached as Appendix "2 be established as public highways, to be known as, and to form part of Kalar Road. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the report be received and adopted. Carried Unanimously. L-2002-51 Chief Administrative Officer Re: Establishment of a Public Highway, Part 2 on Reference Plan 59R -11314 as part of Dunn Street. The report recommends that a road widening, being part 2 on Reference Plan 59R -11314 attached as Appendix "A be established as a public highway, to be known as, and to form part of Dunn Street. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the report be received and adopted. Carried Unanimously. See By -law No. 2002 -159 L- 2002 -52 Chief Administrative Officer Re: Stamford Lion's Club; Offer to Purchase City -Owned Lands; Parts 1 2 on Reference Plan 59R 11823. The report recommends that an Offer to Purchase in the amount of $19,000.00 from Stamford Lion's Club for the lands located at the rear of 3846 Portage Road being Parts 1 2 on Reference Plan 59R- 11823 be accepted. Further, that the purchasers pay for all costs associated with the sale including the cost of a reference plan, which costs will be credited to the purchasers on closing. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the report be received and adopted. Carried Unanimously. See By -law No. 2002 -150 L- 2002 -53 Chief Administrative Officer Re: OK Gift Shop Ltd., 6683 Oakes Drive; Renewal of Licence Agreement. The report recommends that a renewal of a licence agreement with OK Gift Shop to permit it to continue using a portion of Dunn Street in front of the gift shop located at 6683 Oakes Drive for a driveway for deliveries, for nominal consideration, be authorized. See By -law No. 2002 -162 See By -law No. 2002 -163 -19- ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the report be received and adopted. Carried Unanimously. L- 2002 -54 Chief Administrative Officer Re: Declare Lands Surplus and Offer for Sale Vacant Land 8709 Lundy's Lane. The report recommends that City -owned lands with the municipal address of 8709 Lundy's Lane be declared surplus and offered for sale to Lenny Serravalle and Marcella Serravalle, one set of the abutting owners, for fair market value. Further, that the purchasers pay for all costs associated with the sale including the cost of a reference plan and an appraisal, which costs will be credited to the purchasers on closing. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the report be received and adopted. Carried Unanimously. L- 2002 -55 -Chief Administrative Officer Re: Establishment of a Public Highway; Part of Lots 81 and 127; Plan 283 Ellis Lane. The report recommends that part of Lots 81 and 127 Plan 283 in the City of Niagara Falls, in the Regional Municipality of Niagara attached as Appendix "A be established as a public highway, to be known as, and to form part of Ellis Lane. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the report be received and adopted. Carried Unanimously. See By -law No. 2002 -157 L- 2002 -56 Chief Administrative Officer Re: Hawlitzky Agreement with the City; Building Permit; Testamentary Devise. The report recommends that an Agreement, dated September 6, 2002 between Erika Hawlitzky and the City regarding application for a Building Permit, be authorized. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the report be received and adopted. The motion Carried with Alderman Pietrangelo abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. L- 2002 -57 Chief Administrative Officer Re: Establishment of Public Highway, Part 3 on 59R -11795 as part of Ridge Road and Morris Road. The report recommends that a road widening and daylighting triangle, being part 3 on reference Plan 59R -11795 attached as Appendix "1", be established as a public highway, to be known as, and to form part of Morris Road and Ridge Road. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the report be received and adopted. Carried Unanimously. See By -law No. 2002 -158 RATIFICATION OF COMMITTEE -OF- THE -WHOLE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that the actions taken in Committee -of -the- Whole, earlier this evening be approved: 1. That Council pass and forward a resolution to OMERS, which will allow certain employees to change their NRA status from 60 to 65; Vacant Land between 4113 and 4129 Portage Road that Parts 1 2 on Reference Plan 59R -10995 attached to Appendix 1, being city -owned lands on Portage Road be declared surplus and offered for the sum of $51,000 as follows: of the said lands be offered to each of the abutting owners for the sum of $25,500.00; should an abutting owner not accept the offer within 48 hours, that the lands be offered to the other abutting owner for the same amount of $25,500.00; 3. Disposal of the Reilly Street End, Chippawa that Option #4 be selected to retain the lands for future public recreational use; -20- 4. Appeal of a decision in the conviction of 118442 Ont. Inc. regarding a body rub parlour at 5904 Main Street that the City Solicitor be authorized to appear at the Court of Appeal and take all necessary steps to oppose the appeal. Carried Unanimously. RESOLUTIONS NO. 20 PIETRANGELO IOANNONI BE IT RESOLVED THAT Notwithstanding sections 4.12 and 8.7.2(c) of City of Niagara Falls Comprehensive Zoning By -law 79 -200, as amended, a trailer camp site located lawfully under Zoning By -law 79 -200, as amended, on the date of the passage of this by -law shall not be rendered unlawful or non conforming by the subsequent introduction of a residential use within 60 metres of the trailer camp site so located; AND FURTHER RESOLVED THAT Notwithstanding section 3(2)(e) of Schedule 10 of City of Niagara Falls By -law No. 2001 -31, as amended, a camping lot located lawfully under By -law No. 2001 -31 shall not thereafter be rendered unlawful by the subsequent introduction of a residential zone or residential lot boundary within 200 feet (61 m) of the camping lot so located. BY -LAWS Carried Unanimously 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: 2002 -150 A by -law to authorize the acceptance of an Offer to Purchase of Stamford Lions Club to purchase parts 1 2 on Reference Plan 59R -11823 located to the rear of 38446 Portage Road for $19,000.00 2002 -151 A by -law to amend By -law No. 79 -200, as amended. (AM- 26/2002, Robert James Craig) 2002 -152 A by -law to amend By -law No. 2002 -129, being a by -law to provide for the control of animals within the City of Niagara Falls. 2002 -153 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. 2002 -154 A by -law to establish Part 4 on Reference Plan 59R- 11798, as a public highway, to be known as and to form part of Beaver Dams Road. 2002 -155 A by -law to establish Part 7 on a draft Reference Plan, as a public highway, to be known as and to form part of Beechwood Road. 2002 -156 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 28/2002, John Pinter) 2002 -157 A by -law to establish Part of Lots 81 and 127 Plan 283, as a public highway, to be known as and to form part of Ellis Lane. 2002 -158 A by -law to establish Part 3 on Reference Plan 59R- 11795, as a public highway, to be known as and to form part of Ridge Road and Morris Road. 2002 -159 A by -law to establish Part 2 on Reference Plan 59R- 11314, as a public highway, to be known as and to form part of Dunn Street. -21- 2002 -160 A by -law to authorize a Discharge of Charge /Mortgage No. 75254 to The Young Men's Christian Association of Greater Niagara from The Corporation of the City of Niagara Falls April 2, 1998. 2002 -161 A by -law to amend By -law No. 91 -232, as amended, being a by -law to accept Letters of Credit. 2002 -162 A by -law to establish Blocks 13 14 on Plan No. 59M -297, as public highways, to be known as and to form part of Kalar Road. 2002 -163 A by -law to establish Blocks 15 16 on registered Plan M -297, as public highways, to be known as and to form part of Kalar Road. 2002 -164 A by -law to authorize the execution of an Agreement with A. Bill McGee Company Limited respecting the offer by said A. Bill McGee Company Limited to provide monies to the Corporation of the City of Niagara Falls to have a playspace structure installed in Cherryhill Park. 2002 -165 A by -law to stop up and close part of the road allowance designated as Part 15 on a draft Reference Plan in the City of Niagara Falls, in the Regional Municipality of Niagara. 2002 -166 A by -law to amend By -law No. 2001 -001, being a by -law to provide for appointments to certain Boards, Commissions and Committees. 2002 -167 --A by -law to authorize monies for General Purposes (September 16, 2002) 2002 -168 A by -law to amend By -law 79 -200, as amended. (Re: AM- 30/2002, Tree Protection and Reduced Front Yard Setbacks, Brookfield Court Subdivision. 2002 -169 A by -law to amend By -law No. 99 -108, being a by -law to designate the Grand Trunk (Via) Railway Station at 4267 Bridge Street of architectural value and historical interest. 2002 -170 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 16 day of September, 2002. The motion Carried with Aldermen Craitor, Federow, loannoni, and Pietrangelo abstaining from the vote on By -law No. 2002 -167 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the following by -laws be now read a second third time: 2002 -150 A by -law to authorize the acceptance of an Offer to Purchase of Stamford Lions Club to purchase parts 1 2 on Reference Plan 59R -11823 located to the rear of 38446 Portage Road for $19,000.00 2002 -151 A by -law to amend By -law No. 79 -200, as amended. (AM- 26/2002, Robert James Craig) 2002 -152 A by -law to amend By -law No. 2002 -129, being a by -law to provide for the control of animals within the City of Niagara Falls. 2002 -153 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. -22- 2002 -154 A by -law to establish Part 4 on Reference Plan 59R- 11798, as a public highway, to be known as and to form part of Beaver Dams Road. 2002 -155 A by -law to establish Part 7 on a draft Reference Plan, as a public highway, to be known as and to form part of Beechwood Road. 2002 -156 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 28/2002, John Pinter) 2002 -157 A by -law to establish Part of Lots 81 and 127 Plan 283, as a public highway, to be known as and to form part of Ellis Lane. 2002 -158 A by -law to establish Part 3 on Reference Plan 59R- 11795, as a public highway, to be known as and to form part of Ridge Road and Morris Road. 2002 -159 A by -law to establish Part 2 on Reference Plan 59R- 11314, as a public highway, to be known as and to form part of Dunn Street. 2002 -160 A by -law to authorize a Discharge of Charge /Mortgage No. 75254 to The Young Men's Christian Association of Greater Niagara from The Corporation of the City of Niagara Falls April 2, 1998. 2002 -161 A by -law to amend By -law No. 91 -232, as amended, being a by -law to accept Letters of Credit. 2002 -162 A by -law to establish Blocks 13 14 on Plan No. 59M -297, as public highways, to be known as and to form part of Kalar Road. 2002 -163 A by -law to establish Blocks 15 16 on registered Plan M -297, as public highways, to be known as and to form part of Kalar Road. 2002 -164 A by -law to authorize the execution of an Agreement with A. Bill McGee Company Limited respecting the offer by said A. Bill McGee Company Limited to provide monies to the Corporation of the City of Niagara Falls to have a playspace structure installed in Cherryhill Park. 2002 -165 A by -law to stop up and close part of the road allowance designated as Part 15 on a draft Reference Plan in the City of Niagara Falls, in the Regional Municipality of Niagara. 2002 -166 A by -law to amend By -law No. 2001 -001, being a by -law to provide for appointments to certain Boards, Commissions and Committees. 2002 -167 A by -law to authorize monies for General Purposes (September 16, 2002) 2002 -168 A by -law to amend By -law 79 -200, as amended. (Re: AM- 30/2002, Tree Protection and Reduced Front Yard Setbacks, Brookfield Court Subdivision. 2002 -169 A by -law to amend By -law No. 99 -108, being a by -law to designate the Grand Trunk (Via) Railway Station at 4267 Bridge Street of architectural value and historical interest. 2002 -170 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 16 day of September, 2002. Concession Stands AMO Conference -23- The motion Carried with Aldermen Craitor, Federow, loannoni, and Pietrangelo abstaining from the vote on By -law No. 2002 -167 on conflicts of interest previously noted and with all others voting in favour. NEW BUSINESS Letters of Condolence ORDERED on the motion of Alderman Fisher, seconded by Alderman loannoni, that a letter of condolence be forwarded to the family of the late Dr. Howard McGarry, a Pediatrics Physician in the City of Niagara Falls for sixty -five years and well respected member of the community. Carried Unanimously. 2002 Terry Fox Run Alderman Carolynn loannoni thanked all the volunteers and sponsors who were involved in the. Terry Fox Run on September 15 2002; she informed that the run total would most likely match the $36,000 received from last year's run. Alderman Paisley Janvary-Pool requested for an updated report on the recent AMO Conference. She was advised that a summary from the AMO Executive regarding the success of the Conference and the major items had been provided in the Information for Council package. Re- Establishment of Downtown Bars Alderman Judy Orr expressed concerns and regret that the elected Downtown BIA had voted not to lodge an objection to the Alcohol Gaming Commission regarding the re- establishment of a bar in the downtown area; she referred to the Downtown Board's mandate and of a petition signed by approximately 300 people opposing the future development of bars in the downtown core. She was advised by Alderman Campbell that serious concerns had been expressed at the Board meeting and that the motion passed was that the Board would ask that the conditions that were presently upon the operation (Seneca) be reviewed by the Commission within a one -year period, in order to see if there would be any serious problems that would occur. Alderman Wayne Campbell referred to recent advertisements inviting interested persons to run concession stands at the new Community Centre. He suggested that staff look into the matter of having staff running the Concession stands as is done at the arenas. In response, the Chief Administrative Officer advised that staff would be looking at all of the options, including having staff run the concessions and what would provide the maximum revenues. Lighting at Brookdale Cardinal Drive Alderman Kim Craitor advised that the residents on Thorold Stone Road have expressed traffic concerns at Brookdale Cardinal Drive and have requested Council's support in asking that the Region look into the possibility of having some type of lighting installed in that area. ORDERED on the motion of Alderman Craitor, seconded by Alderman Volpatti, that Council supports the residents in the area of Brookdale Cardinal Drive in requesting that the Region look into providing some type of lighting in that area. Carried Unanimously. Letter of Appreciation ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that a letter be forwarded to Niagara Tourism in appreciation for using Niagara Falls as a backdrop for their Niagara Food Wine Classics event. Carried Unanimously. Grass on Cul de Sacs His Worship Mayor Thomson referred to concerns expressed regarding the lack of grass cutting and maintenance on various cul de sacs around the City and suggested that a report be brought back on having a plan over a 10 -year period to eliminate the cul de sacs in various parts of the City. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that a report be brought back on having a plan over a 10 -year period to eliminate the cul de sacs in various parts of the City. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, -24- &OA 1 t---- DEAN 10 Fl CITY CLERK WAYNE THOMSON, MAYOR