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2001/03/19NINTH MEETING PLANNING MEETING Council met on Monday, March 19, 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 Puttick, who was away on vacation, were present. Alderman Kim Craitor offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTEREST ADOPTION OF MINUTES Council Chambers March 19, 2001 Alderman Wing indicated a pecuniary interest on Report F- 2001 -21, Cheque Nos. 258640, 258464, M93224 and 258471, because she is an officer of the foundation. Alderman Craitor indicated a conflict of interest on from the meeting of March 5, 2001, regarding a FMG matter because a family member is employed by the organization and indicated a pecuniary interest on Report F- 2001 -21, Cheque Nos. 258659;258466;258497 and 258468 because a family member is employed by the Region. Alderman Wing requested that the Minutes of March 5, 2001 be amended to reflect her opposition to By -law Nos. 2001 -50 and 2001 -51. Alderman Volpatti requested that the Minutes of March 5, 2001 be amended to reflect her opposition to the motion made by Alderman Federow, and seconded by Alderman Puttick, dealing with the Niagara Falls Minor Hockey matter. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo, that the Minutes of the Regular Meeting of March 5, 2001 be approved as amended.. Carried Unanimously. MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS His Worship Mayor Thomson welcomed Alderman Ken Feren back to Council and expressed Council's sympathies on the recent loss of his son. Letter of Condolence ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that a letter of condolence be forwarded to the family of the late Al Palladini. Carried Unanimously. Prisoner Transportation Letter of Appreciation 2 ORDERED on the motion of Alderman loannoni, seconded by Alderman Fisher, that the City of Niagara Falls supports a resolution from the City of Owen Sound to petition the Province to give immediate and binding assurances that the functions of prisoner transportation and Court security will be fully assumed by the Province or alternatively that each affected Municipality will be fully reimbursed for the actual costs If they are required to carry out these responsibilities. Carried Unanimously. His Worship Mayor Thomson referred to a letter that had been received from Mr. Doug Brooks with respect to his son's missing skate and commended Mr. John Elia for the actions he had taken on the matter. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren that al letter of appreciation be forwarded to Mr. John Elia, a member of the City crew at Stamford Arena, for the actions he had taken with respect to Mr. Brook's son. Carried Unanimously. Port Colborne Mayors Cup Hockey Championship ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo, that a letter of congratulations be forwarded to the "A" Division Team from Niagara Falls, who won the Port Colborne Mayors Cup Championship and further, that a Letter of thanks be forwarded to Port Colborne for hosting the Games. Carried Unanimously. Billing of Water Sewer Services His Worship Mayor Thomson commented on the transition of the billing functions of Water Sewer Services to Niagara Falls Hydro and requested that staff be directed to take the necessary steps to ensure that all concerns of the residents are addressed. ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that staff be directed to take the necessary steps to ensure that all concerns of the residents are addressed. Carried Unanimously. COMMUNICATIONS Communication No. 55 The Downtown Niagara Falls Board of Management Re: New Board of Management. The communication requests that Council approve the following new board: Chairman Joe Amadio; Co- Chairman Gord Wyllie; Parking Traffic: Paul Juliar; Treasurer: Gord Wylie; Beautification: Tony Barranca; Promotion: Scott Rogers; Secretary: Phyllis Toto; Board Members: Sam Stevens; Kurban Lalani; Jerry Michaud; Joe Mrkalj and Council Rep: Alderman Judy Orr and that Council and approve the 2001 budget of $50,000. ORDERED on the motion of Alderman loanonni, seconded by Alderman Fisher, that the requests be approved. Carried Unanimously. 3 Communication No. 56 The Royal Canadian Naval Association Re: Proclamation. The communication requests that Council proclaim the week of May 7 to May 11 2001 as "Battle of Atlantic Week" and requesting permission to conduct a Flag Raising ceremony on May 7 2001 at 9:30 a.m. in front of City Hall. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the requests be approved. Carried Unanimously. Communication No. 57 Niagara South Federation of Agriculture Re: Emergency Response Posts. The communication requests that Emergency Response Posts featuring the house numbers be placed at the road entrances of rural properties as a visible way of identifying all rural residences when emergency services are required. ORDERED on the motion of Alderman Feren, seconded by Alderman loannoni, that the matter be referred to staff. Carried Unanimously. Communication No. 58 Memorandum, Building Department Re: Proclamation. The communication requests that Council proclaim the week of April 8 14, 2001 as "International Building Safety Week. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the request be approved. Carried Unanimously. PLANNING MATTERS PD- 2001 -19 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 0112001, Teri Salvador; 3552 Bridgewater Street, Building Lot. The report recommends that Council approve the Zoning By -law Amendment Application to remove the opportunity for a tourist home to be established on the recently approved building lot. AND Communication No. 59 The Niagara Parks Commission. The communication advises as being in support of the proposed zoning amendment. Communication No. 60a) Regional Municipality of Niagara, Planning and Development Department. The communication advises as having no objection to the application. Communication No. 60b) Regional Municipality of Niagara, Public Works Department. The communication advises as having no objection to the zoning by -law amendment, in order to remove site specific zoning from the new building lot. 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 with the Regulations by prepaid First Class Mail on February 16, 2001. His Worship Mayor Thomson received indication that the applicant, Ms. Teri Salvador, 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. 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. 4 The Deputy Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; The Proposal; The Amendment; and the Public Notification Process and advised that planning staff were recommending approval. 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- 01/2001, closed. ORDERED on the motion of Alderman Feren, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the correspondence be received and filed. Carried Unanimously. PD- 2001 -23 Chief Administrative Officer Re: Zoning by -law Amendment Application; AM -04 -2001, First Niagara Developments Limited; Agent: Anthony Biglieri Plantactics; 6940 7190 Morrison Street; Home Improvement Warehouse Store. The report recommends that Council approve the Zoning By -law amendment application to per it the maximum gross leasable floor area of the shopping centre to be increased from 29, 730 square metres to 35,416 square metres. AND Communication No. 61a) Mary Farr, Farr Lumber Ltd., dated March 13, 2001. The communication provides comments with respect to a market impact assessment study; AND Communication No. 61b) Mary Farr, Farr Lumber Ltd., dated February 23, 2001. The communication provides comments on the proposed application and suggests that more than one study should be conducted before the rezoning of the site. Communication No. 62 Regional Niagara, Planning and Development Department. The communication advises as having no objection to the approval of the application. Communication No. 63 CN Railway. The communication provides comments with respect to the owner installing and maintaining, at his own expense, a chain link fence of 1.83 metre height along the mutual property and that any proposed alterations to the existing drainage pattern affecting the railway property must receive prior concurrence from the railway and must be substantiated by a drainage report. 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 with the Regulations on February 16, 2001. His Worship Mayor Thomson received indication that Debbie Pacchiarotti, Project Manager, First Niagara Developments, and Mr. James Tate, Price Waterhouse Coopers and Mr. Anthony Biglieri, Plantactics were in attendance 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. -5 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 Deputy Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report and stated that staff were in support of the application. The City Solicitor responded to concerns regarding marketability and competition and advised that the Ontario Municipal Board's mandate was to ensure that the planned function of a particular area was not imperiled by a retail or commercial use. 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. Ms. Stephanie Burr, 5 Alden Court, St. Catharines, indicated opposition to the proposed application and expressed the view that Farr Lumber or any other building supply stores did not have the opportunity to conduct their own study regarding market impact; and stated that the building supply stores including Farr Lumber, would experience an affect on their sales level. Mr. Vince Hawklin, Dorchester Road, expressed concerns regarding the increased traffic on Dorchester Road and requested how the traffic issue would be resolved. The Director of Municipal Works advised that there are some improvements being looked at in the area, such as road widenings and stated that in the Capital Works budget monies are to be used to start an environmental assessment study to look at the traffic at Dorchester Road. Ms. Debbie Pacchiarotti, First Niagara Development, introduced Messrs. Biglierie and Tate and distributed a fact sheet to members of Council and requested that the application be supported. Mr. Tony Biglierie, Plantactics, advised that a Home Improvement Warehouse is a permitted use on the site; that Morrison /Dorchester retail district is the only are in the City that permits a home improvement warehouse store; that the Official Plan and Zoning By- law is specific in directing this type of store to the subject site and that the First Niagara application retains the intent and direction of the Official Plan. Mr. James Tate, Price Waterhouse Coopers, advised that home improvement warehouses were expanding throughout Ontario; that Niagara Falls residents are already shopping in warehouses such as the Home Depot in St. Catharines; that more competition in markets such as St. Catharines is anticipated; the original market study prepared in support of OPA 14 in 1996 indicated market demand fora 9.291 square metre (1000,000 square feet) home improvement warehouse by 1998; that the larger store currently proposed reflects larger store sizes that are typical in this evolving industry; that the First Niagara proposal provides an opportunity to shop in a warehouse closed to home, reducing the need for shopping trips to other municipalities and that the First Niagara proposal should have no negatives on the planned function of the city's other retail districts. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 04/2001, closed. 6 ORDERED on the motion of Alderman Feren, seconded by Alderman Volpatti, that the report be received and adopted. The motion Carried with Alderman Orr voting contrary to the motion and with all others voting in favour. Following some discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that staff prepare a report on the City's position with respect to the marketability and competition aspects of this application. The motion Carried with Alderman Hendershot voting contrary to the motion and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the communications be received and filed. Carried Unanimously. PD- 2001 -24 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 02/2001, Niagara Falls Life Centre Inc., Agent: Peter Lower and Cindy Gatenby Director; 4761 Crysler Avenue; Special Residence. The report recommends the following: 1) That Council approve the zoning by -law amendment application to permit the existing dwelling, together with a 145 square metre addition thereto, to be used as a residence for up to 6 people who require temporary shelter and assistance during pregnancy; 2) That Council pass the amending by -law, included in tonight's agenda, to implement the application. AND Communication No. 64 Mr. F. Peter Lowe, Property Tax Consultant. The communication requests that the By -law change be dealt with at the same as the zoning by -law amendment application. Communication No. 65 CN Rail. The communication comments that the owner engage a consultant to undertake an analysis of noise and to provide appropriate measures prior to construction of the addition. Communication No. 66 Regional Niagara, Planning and Development Department. The communication advises as having no objections to the approval of the application. Communication No. 67 Regional Niagara, Public Works Department. The communication advises as having no objections to the proposal. 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 with the Regulations by prepaid First Class Mail on February 16, 2001. His Worship Mayor Thomson received indication that Mr. Albert Bakker, Solicitor 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. 7 The Deputy Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; the Proposal, the Amendment and Public Notification Process and advised 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. Ms. Rene Bell, 4777 Crysler Avenue, expressed safety concerns with regard to the children due to increased traffic in the area; stated that children would have no place to play and indicated that she would have no privacy in her backyard due to the building height and stated that she did not wish to have this development in the area. Mr. Corby, 4755 Crysler Avenue, expressed height concerns and stated that once the facility was built he would lose the sunlight in his yard. Mrs. Nancy Corby, 4755 Crysler Avenue, referred to the building height and expressed opposition to the proposed development. Mr. Albert Bakker provided background information on the identity of the Niagara Falls Life Centre, the proposed use of the property and why the property was ideally suited for this application; referred to the benefits to the neighbourhood and to the community of such a facility and encouraged Council to support the application. Ms. Cindy Gatenby, Director, Niagara Falls Life Centre, responded to enquiries with respect to funding, security and staffing issues. Mr. John Kendall indicated that due to the direction of the sun, he was of the view that there would be no loss of afternoon sunlight. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 02/2001, closed. ORDERED on the motion of Alderman loannoni, seconded by Alderman Pietrangelo, that the report be received and adopted; and further that fencing be provided along the driveway and that the residents be involved in the site plan process. The motion Carried with Alderman Feren abstaining from the vote on a conflict of interest and with all others voting in favour. ORDERED on the motion of Alderman loannoni, seconded by Alderman Pietrangelo, that the communications be received and filed. Carried Unanimously. See By -law No. 2001 -54 PD- 2001 -25 Chief Administrative Officer Re: Wiens Estates Draft Plan of Subdivision; File: 26T -11- 2001 -01; Owner: Sarah Wiens. The report recommends that Council consider input received at the Public Meeting and refer all matters to staff for the review of the Wiens Estates Draft Plan of Subdivision. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Deputy Director of Planning and Development advised that the notice of the Public Meeting had been given in accordance with the requirements of the Planning Act. 8 His Worship Mayor Thomson received indication that Mr. Martin Heikoop, Upper Canada Consultants, was in attendance on behalf of the applicant. 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 the purpose of the meeting was to receive information and to provide an opportunity for the public to comment on the proposed subdivision, following which the Planning and Development Department would consider all comments received and prepare a recommendation report to Council at a future meeting, and that no decision would be made at tonight's Council meeting. 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. Mr. Heikoop provided an overview of the subdivision proposal which was to construct 19 single family lots, bounded by McMicking Street, St. Patrick Avenue, Brock Street and St. George Avenue. He advised that lot sizes would be from 57 feet to 90 feet; that the proposal meets the existing R!C zoning by -law and that lot sizes match the existing lots in the neighbourhood; stated that the boulevard areas are to be top soil and sodded and that swails with catchbasins would be picking up the storm drainage. Mr. John Garrett, 6439 McMicking Street, advised that his parents own the adjacent property requested that the integrity of the neighbourhood be maintained; referred to setbacks and sidewalks in the area and what impact this would have on the neighbourhood. The Deputy Director of Planning and Development provided clarification with respect to the street setback, sidewalks and street lighting. Laurie McKay- Deacon, Minister at Stamford Presbyterian Church, enquired whether the issue of supported senior housing had been addressed and was advised that she could discuss this issue directly with the owner. Mr. Rob Hay, 6352 Brock Street indicated that he had no objections to the development, but expressed concerns of having to pay again for curbs and gutters in the area. In response to concerns raised, the Director of Municipal Works advised that the issue of curbs and gutters would have to be looked into, whether there had been an agreement under the plan of subdivision respecting curbs and gutters. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to the Wiens Estates Draft Plan of Subdivision closed. ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that the comments received be referred to staff. Carried Unanimously. PD- 2001 -26 Chief Administrative Officer Re: Official Plan Amendment No. 29, 6700 Oakes Drive; Embassy Suites Hotel. The report recommends that council repeal By -law No. 2000 -104, which adopted Official Plan Amendment No. 29 and that the Regional Municipality of Niagara be advised as such and not to proceed with approval of the amendment. 9 ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Hendershot that the report be received and adopted and further that the date of May 29, 2001 be amended to indicate May 29, 2000. The motion Carried with Aldermen Feren and Volpatti abstaining from the vote on conflicts of interest and with all others voting in favour. PD- 2001 -27 Chief Administrative Officer Re: Request for Extension to Draft Plan Approval; West Meadow (Plan 2), 26T -11 -9702: Owner: Wedgewood Builders of Niagara Ltd. The report recommends that Council support a one -year extension to draft plan approval for the West Meadow (Plan 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 Fisher, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. PD- 2001 -28 Chief Administrative Officer Re: request for Extension to Draft Plan Approval; Parkway Acres, 26T- 87010; Owners: Radojcic /Radulovich. The report recommends that Council support a one -year extension to draft plan approval for the Parkway Acres 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 Fisher, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. REPORTS RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Alderman Feren, that the actions taken in Corporate Services Committee, earlier this evening, be approved. 1. Adoption of the Minutes of March 5, 2001 Corporate Services Committee; 2. YWCA Niagara Falls Re: Loan Repayment That the repayment of the YMCA's outstanding debt of $119,000 be suspended until September 2004 and that during this period, the YMCA incurs interest costs on the principal amount of the debit, which the YMCA will pay annually to the City Alderman Orr opposed; 3. Request for Sponsorship Youth Challenge International That the request for sponsorship on the Youth Challenge initiative be received and filed; 4. F- 2001 -21 Municipal Accounts That the Municipal Accounts totalling $1,705,058.84 for the period ending March 19 2001 be approved; That staff provide a report on the change in assessment for the industrial property class from 2000 to 2001; 5. F- 2001 -22 2001 General Purposes Budget ORDERED on the motion of Alderman Campbell, seconded by Alderman Feren, that the 2001 General Purposes Budget be approved Aldermen Volpatti, Orr and Wing opposed to the motion; 6. F- 2001 -23 2001 -2005 Capital Projects Budget That the 2001 -2005 Capital Projects Budget be approved; 7. That the 2001 Municipal Utility Budget be approved; 10 8. MW- 2001 -23 Municipal Parking Traffic Committee, 2001 Budget Recommendations that the 2001 Municipal Parking Operating Budget and the 2001 Capital Parking Projects be approved; 9. That staff report before the 2002 budget on the relevant issues regarding a new railway overpass for a north -end artery; From the In- Camera Session of March 5, 2001 That the remuneration paid to the Chair of the Committee of Adjustment be increased to $70.00 per meeting, that Members receive $60.00 per meeting and that members be reimbursed for mileage at the City rate Alderman Volpatti opposed. From the In- Camera Session of March 19, 2001 That Report CS- 2001 -03 Niagara Falls Minor Hockey Association "Concessionaire" Agreement be deferred. The motion Carried with Alderman Orr voting contrary to the motion regarding the repayment of the YMCA's outstanding debt; Aldermen Orr, Volpatti and Wing voting contrary to the motion regarding the 2001 General Purposes Budget; and Alderman Volpatti voting contrary to the motion dealing with remuneration paid to Committee of Adjustment and with all others voting in favour. See By -law No. 2001 -63 BBS- 2001 -06 Chief Administrative Officer Re: Mount Carmel Park Association; Request for Sign Variance, Mount Carmel Park. The report recommends that Council approve the request from the Mount Carmel Park Association to place a portable sign on municipal property, at Mount Carmel Park. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. BBS- 2001 -07 Chief Administrative Officer Re: Set Fines Short Form Wording Body Rub Parlour By -Law. The report recommends that the report be received for the information of Council. ORDERED on the motion of Alderman Fisher, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. BBS- 2001 -08 Chief Administrative Officer Re: Consolidated Building Permit By- law. The report recommends that Council approves the consolidated Building Permit By- law, attached.. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. See By -law No. 2001 -58 BBS- 2001 -09 Chief Administrative Officer Re: Deposits. The report recommends that deposits, taken in connection with the issuance of permits as security for damage to municipal property, be increased and that the attached by -law be passed by Council. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. See By -law No. 2001 -56 MW- 2001 -27 Chief Administrative Officer Re: Supply of Municipal Parking Control Services RFP #07 -2001. The report recommends the following: 1. That the Supply of Municipal Parking Control Services be awarded to the Canadian Corps of Commissionaires Hamilton, for the next three year period; 2. That staff be directed to prepare the necessary agreements. ORDERED on the motion of Alderman Craitor, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. MW- 2001 -28 Chief Administrative Officer Re: Property Address Database Application. The report recommends that the City retain Canadian Micro Software Incorporated, at a cost of $23,400, ($20,900 for product development and an annual licencing and support fee of $2,500), exclusive of G.S.T. to build a central property addressing system. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. MW- 2001 -29 Chief Administrative Officer Re: Consulting Services for the Class Environmental Assessment Main Street. 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 the preparation of a Class Environmental Assessment for Main Street with Totten Sims Hubicki for the upset limit of $49,700 excluding G.S.T. ORDERED on the motion of Alderman Feren, seconded by Alderman Wing, that the report be received and adopted. Carried Unanimously. MW- 2001 -30 Chief Administrative Officer Re: Award of Tender #02 -2001 Alterations to Engineering Department, City Hall. The report recommends that Council award Tender #02 -2001 for the Second Floor Engineering Department alterations to T.R. Hinan Contractors Inc. for the tendered amount of $102,135.00 including all taxes. ORDERED on the motion of Alderman Feren, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. R- 2001 -07 Chief Administrative Officer Re: Market Viability Assessment for Site Selection of the Community Centre. The report recommends that the firm of Leisureplan International be retained at a cost of $23,687.66 (including taxes) to complete a Market Viability Assessment as part of the process to select an appropriate site for the Community Centre. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. R- 2001 -08 Chief Administrative Officer Re: Inventory of Dr. Afrukhteh's Art Collection. The report recommends that Council approve the expenditure of $24,000 to inventory the art collection that will be donated to the City by Dr. Afrukhteh. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Feren, that the report be received and adopted; and further, that a letter of thanks be forwarded to Dr. Afrukhteh for his kind generosity. Carried Unanimously. L- 2001 -16 Chief Administrative Officer Re: Establishment of Road Widening and Daylighting Triangle as Public Highways, Willoughby Drive and Aberdeen Street; File No. 2001 -35. The report recommends that the road widening and daylighting triangle, described as Parts 4 and 5 on Reference Plan No. 59R- 11309, be established as public highways to form part of Willoughby Drive and Aberdeen Street, respectively. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. BY -LAWS See By -law No. 2001 -61 See By -law No. 2001 -62 ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that leave be granted to introduce the following by -law, and the by -law be read a first time: 12 2001 -54 A by -law to amend By -law No. 79 -200, as amended (Re: AM- 01/2001, Niagara Falls Life Centre Inc.) Carried Unanimously ORDERED on the motion of Alderman Pietrnagelo, seconded by Alderman Feren, that the by -law be now read a second and third time. 2001 -54 A by -law to amend By -law No. 79 -200, as amended (Re: AM- 01/2001, Niagara Falls Life Centre Inc.) Carried Unanimously ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that leave be granted to introduce the following by -laws, and the by -laws be read a first time: 2001 -55 A by -law to repeal By -law No. 2000 -104 (Re: Amendment No. 29 to the City of Niagara Falls Official Plan) 2001 -56 A by -law respecting the payment of deposits upon application for permits. 2001 -57 2001 -58 2001 -59 2001 -60 2001 -61 2001 -62 2001 -63 The motion on conflicts ORDERED by -laws be 2001 -55 2001 -56 2001 -57 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 29/2000, Bernadette Filer) A by -law respecting inspections and permits for construction, demolition and change of use. A by -law to amend By -law No. 98 -223, being a by -law to designate an area as an Improvement Area and to establish for such area a Board of Management. A by -law to authorize the execution of an agreement with T.R. Hinan Contractors Inc. respecting office alterations to the Engineering Department on the second floor at City Hall. A by -law to establish Part 4 on Reference Plan No. 59R- 11309, as a public highway, to be known as and to form part of Willoughby Drive. A by -law to establish Part 5 on Reference Plan No. 59R- 11309, as a public highway, to be known as and to form part of Aberdeen Street. A by -law to authorize monies for General Purposes (March 19, 2001) Carried with Aldermen Craitor and Wing abstained from By -law No. 2001 -63 of interest previously noted and with all others voting in favour. on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the now read a second and third time: A by -law to repeal By -law No. 2000 -104 (Re: Amendment No. 29 to the City of Niagara Falls Official Plan) A by -law respecting the payment of deposits upon application for permits. A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 29/2000, g rnadette Filer) mot 4 livor pit 1101. L 2001 -58 A by- lavVrespecting inspections and permits for construction, demolition and change of use. 2001 -59 2001 -60 13 A by -law to amend By -law No. 98 -223, being a by -law to designate an area as an Improvement Area and to establish for such area a Board of Management. A by -law to authorize the execution of an agreement with T.R. Hinan Contractors Inc. respecting office alterations to the Engineering Department on the second floor at City Hall. 2001 -61 A by -law to establish Part 4 on Reference Plan No. 59R- 11309, as a public highway, to be known as and to form part of Willoughby Drive. 2001 -62 A by -law to establish Part 5 on Reference Plan No. 59R- 11309, as a public highway, to be known as and to form part of Aberdeen Street. 2001 -63 A by -law to authorize monies for General Purposes (March 19, 2001) The motion Carried with Aldermen Craitor and Wing abstained from By -law No. 2001 -63 on conflicts of interest previously noted and with all others voting in favour. Letter of Appreciation ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni, that a letter of appreciation be forwarded to Mr. Vito Scaringi and to Niagara Square for holding an excellent spring break program. Carried Unanimously. Racetrack Article NEW BUSINESS Alderman Federow referred to a recent news article in the Niagara Falls Review regarding drag racing in Niagara Falls and of the concerns of Mr. Zawadzki, the developer. The City Solicitor provided clarification on the Federal government's jurisdiction over aeronautics and advised that the City did not have any jurisdiction over aeronautics. His Worship Mayor Thomson stated that Mr. Zawadzki must go through the City's normal planning process. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, E.C. WAGG, CI "ERK WA NE THOMSON, MAYOR