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2008/10/06EIGHTEENTH MEETING IN CAMERA MEETING Council met on Monday, October 6, 2008 at 6:30p.m. in an In Camera Session. All members of Council were present. Councillor Diodati presided as Chairman. Following consideration of the items presented, the In Camera Session did rise and report in open session. DEAN IORF ,A, CITY CLERK R.T (TED) SALCI, MAYOR REGULAR COUNCIL MEETING Council met on Monday, October6, 2008 at 7:00 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Councillor Kerrio offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Councillor Fisher, seconded by Councillor Diodati that the minutes of September 22, 2008 be approved as printed. Bicentennial Task Force DISCLOSURES OF PECUNIARY INTEREST Councillor Thomson indicated a conflict to planning report PD- 2008 -80 and to report PD- 2008 -87. Councillor indicated a pecuniary interest to cheque no. 322607 made payable to herself. Councillor Wing indicated a conflict to report F- 2008 -41 (Corporate Services ), report MW- 2008 -61 (Community Services ), the Resolution listed on the agenda and the deputation related to the Bicentennial Task Force, all which pertain to the Board of Museums, as her husband is employed by the Museums. DEPUTATIONS /PRESENTATIONS Committee Room 2 October 6, 2008 Carried Unanimously Gord West of the Festival and Events Sub Committee of the Bicentennial Task Force was very appreciative for the opportunity to update Council. He advised that the kick- off leading up to the Bicentennial is only 6 weeks away. He informed Council of the first Annual Celebration which will be held on November 15 at the Americana Resort on Lundy's Lane. Park in the City Committee Pat Mascarin, volunteer from the Park in the City Committee and Chair of the Communities in Bloom Initiative Program made a presentation to the Niagara Falls Horticultural Society for their efforts to design, create and maintain the Armoury Garden on Victoria Avenue. Pat Mascarin presented a plaque to the representatives of the Horticultural Society. PD- 2008 -80 - AM-2008-021, Official Plan and Zoning By -law AmendmentApplication - REVISED. 5471, 5491 and 5507 River Road and Vacant Land on the West Side of River Land and on the Northwest Corner of River Road and John Street. Applicant: Niagara Falls Pointe Limited Partnership, Agent: Michael Goldberg, The Goldberg Group, Proposed 7- Storey, 119 Unit Apartment Building. The Director of Planning and Development reviewed the recommendations and provided the following information: Background The applicant has requested amendments to the Official Plan and Zoning By -law No. 79- 200 for 6 parcels of land and vacant lands on the west side of River Lane and on the northwest corner of River Rd. and John St. The application is to change the Official Plan designation from Tourist Commercial to Residential and introduce site specific policies for density. The application is also to change the zoning from Tourist Commercial to a Residential Apartment 5E (R5E) zone with site specific provisions In 2006, Council supported at application for a 29 storey, 250 unit apartment building. This OP amendment is being held in abeyance at the Region at the request of that applicant. The application was previously scheduled for Public Meetings on July 21, and September 8, 2008, but were deferred. PLANNING ANALYSIS PROVINCIAL PLANNING POLICY OFFICIAL PLAN - 2 - October 6, 2008 Council Minutes PLANNING MATTERS The Provincial Growth Plan for the Greater Golden Horseshoe stipulates that by the year 2015, the City is to achieve 40% of new residential growth within its existing built boundaries. This is likely to occur through conversion and intensification with established neighbourhoods. The lands are currently designated Tourist Commercial, which permits tourist accommodation and attractions. Residential development is permitted where commercial lands are in excess of demand. Removal of the Tourist Commercial designation leaves sufficient lands to meet future tourist commercial needs. The applicant is seeking a Residential designation with a Special Policy Area provision to permit the apartment development. The Residential designation is appropriate because lands to the west and north are designated Residential. The OP has a maximum density of 125 un /ha (50 un /ac) with building heights greater than - 3 - October 6, 2008 Council Minutes 6 storeys in close proximity to the Central Business District, other major commercial districts, parks and open space areas. Increases in height and density may be allowed through bonus zoning provisions. This project has a density of 238 un /ha (96 un /ac) which is significantly higher than that contained in the OP, but well below the density of 384 un /ha (155 un /ac) of the 29 storey project previously approved by Council. The site's location next to the Central Tourist District places it in a strategic location to take advantage of employment, entertainment and restaurant services. The project would provide a residential population to support the commercial uses. The site is suited to a higher density because of its location on an arterial road at the edge of the neighbourhood, adjacent to the Niagara Gorge and in close proximity to Queen Victoria Park. Council can consider increases in height and density in return for the provision of community facilities and services. • The amendment should contain provisions for a Section 37 Agreement to secure the contribution to capital projects. • Previously staff suggested a contribution in the range of $240,000 to $250,000 proportionately based on the prior 29 storey approval. • A further review of contributions based on a formula using the number of residential units above the standard density, converted this space to net floor area and multiplied by highrise residential construction costs, multiplied by 1 percent. • Using this formula, a contribution of $41,688 is recommended. The compatibility was examined based on height, built form, traffic and servicing. The height of the building provides a transition between the Tourist Commercial area and the Residential area. Lands to the south allow building heights of up to 12 storeys and the Residential lands to the north and west which provide for heights up to 3 storeys. This project is in between those heights. The developer submitted sun /shadow drawings to illustrate the effect shadows cast by the proposed building will have on adjacent lands. The drawings indicated the yards of the residential properties immediately to the west will be affected in the morning during the spring and fall periods. The proposed development is innovative in design and introduces an intensive form of urban form that has not occurred in the City to date. • The building design has a stepped -back form to increase building setbacks above the podium to maintain the streetscape and lessen the impact on the pedestrian realm. • The applicant has provided a Traffic Study that indicates the current road system can support the proposed development with no unacceptable impacts. • Underground services are adequate to service the development. The sanitary sewer system will depend on the Bender Hill Pumping Station. ZONING The applicant has requested a Site Specific Residential Apartment 5E Density (R5E) zone. The R5E zone is an appropriate zone to replace the existing Tourist Commercial (TC) zone. The R5E zone will form the basis of the zoning to reflect the unique design of the project with site specific development provisions. The following site specific provisions are requested: - 4 - October 6, 2008 Council Minutes • A height of 24.0 m (78.7 ft). The building will range from 7 storeys at River Rd to 4 storeys at River Lane. • A building setback of 0 m along River Rd. This will create a podium next to the sidewalk with the apartment structure setback from the lot line. • In response to staffs concerns, the applicant is now proposing to set the podium back 3 m (9.7 ft) from Philip St. and wall of the apartment unit back to 6 m (19.7 ft) with portions being 4.5 m (14.8 ft) from the property line. This is generally acceptable as the dwellings on Philip St. are typically setback 6 m (19.7 ft), many have large porches or sunrooms that project into the front yard area by approx. 2 to 3 m (6.6 to 9.7 ft). • The original submission proposed the building be set back from River Lane 1.5 m (5 ft) to the podium /garage level and 3 m (9.7 ft) above the podium. Staff suggested that building be set back, above the podium be increased to 10 m (32.8 ft). The applicant has proposed the building would be generally setback above the podium 5 to 6 m (16.4 to 19.7 ft) from River Lane. This is an improvement over the current by -law which permits a 4 storey motel to be constructed 3 m (9.7 ft) from River Lane. • The proposed building would have a height of between 14 m (46 ft) at the Philip St. and 19 m (62.3 ft) at the John St. end, with several loft projections 2 m (6.6 ft) higher. • In order to ensure proper screening of the lands to the west, a dense screen of columar trees should be planted along the landscaping strip between the podium and River Lane. • Balconies will be permitted to project into required yards by 2.0 m (6.6 ft) rather than the standard 1.8 m (5.9 ft). • The applicant is seeking a lot area coverage of 80% and a landscaped area of 10 %. A terrace on the top of the parking garage will provide an amenity space for residents. A Parking (P) zone should be applied to the surface parking area on River Lane. Conclusion The application to amend the Official Plan and Zoning By -law to allow a 119 unit apartment building on the property can be supported for the following reasons: The re- designation of the lands to Residential in the Official Plan is in keeping with the residential use of the abutting lands. • The site is located in an area where the Official Plan allows consideration of high density development and where bonus provisions can be used in return for increased density. The building ranges from 7 storeys on River Rd. to 4 storeys on River Lane. • The setback from Philip St. and River Lane has a degree of compatibility with adjacent development as outlined in the report. • The applicant will be expected to enter into a Section 37 Bonusing Agreement to contribute to Municipal capital facilities. • The zoning by -law will incorporate the site specific provisions to regulate development. • The road and servicing infrastructure are available to serve the development. Recommendation That Council approve the application to re- designate the lands as Residential in the Official Plan with site specific density provisions subject to a bonusing agreement under section 37 of the Planning Act and change the Zoning By -law to permit a 7- storey apartment building on the land subject to the design changes proposed by the applicant in the revised submission. - 5 - October 6, 2008 Council Minutes Tom Richardson, Sullivan Mahoney, on behalf of a number of residents advised that his clients have no objection to the zoning change from Tourist Commercial to Residential but they still have concerns about the height and density of the development and its affect on the surrounding area. They'd like to see improved setbacks and a reduction to four storeys. Mr. Richardson outlined concerns regarding the geological impacts on the bedrock. He also noted that the Official Plan policies would indicate that such a project should be located closer to a Central Business District and an arterial road. Italia Gilberti, Broderick & Partners, thanked staff for their guidance through the numerous meetings held. She felt the final application was a balanced effort between city staff and the developer. She requested relief from the bonusing provision because this was a residential development. She outlined the Development Charges exemptions available to this project at the Region. Dan Cowling, Goldberg Group, architect for the project gave a brief summary of the proposed apartment building. He gave his opinion that under the Ontario Building Code, the development would be characterized as a 4 storey building. Mr. Goldberg outlined features such as the landscaped terrace, water feature, and Gladstone facade. He indicated that the garage door was significantly set back and would not detrimentally affect the neighbour. The developer's studies indicate little adverse shadowing effect. Also, the developer agreed to a daylighting triangle and certain set backs requested by Planning. Michael Goldberg, Goldberg group, planner for the project, advised that the Official Plan allows for 9 to 12 stories on Michaels Inn and it transitions down to where there is a lower residential density; therefore, there will be a gradual transition from 12 storeys to 9 to 7 to 5. The 125 units per hectare requirement is on old provision that was determined when the unit sizes were larger, they are now smaller. A more current way to determine is by the floors area ration or the floor space index. Ann Beauregard, 5435 River Road, is opposed to this development. She expressed that her main concern is the lack of setback from River Road. Al Dolson, 5435 River Road, expressed concern with the setback on Philip and River Road. Milica Orsic, 5419 River Road, is in full support of this project. She believes that it is time for new development in this area. John Prentice, 4413 John Street, is opposed to the apartment development. Mr. Prentice believes the density is too high and there is no proposed green space. He expressed concern that only two public meetings were held for the residents. The Public meeting was Closed. ORDERED on the motion of Councillor Fisher, seconded by Councillor loannoni that the report be approved as recommended. Motion Carried with Councillors Wing and Maves opposed and Councillor Thomson declaring a conflict. MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci extended congratulations to Dean lorfida, City Clerk and Noelle Sinclair on the birth of their daughter, Alison Christina and also to Councillor Pietrangelo and his wife Anita on the arrival of their son Remy. Mayor Salci informed Council of the 450 community members who came out to participate in the Public Meeting to discuss the Niagara Health System Plan. Mayor Salci thanked Councillor loannoni for her presentation to Dr. Kitts and acknowledged the efforts of the Ad Hoc Committee. RECOMMENDATION: Receive and File - 6 - October 6, 2008 Council Minutes Mayor Salci advised of a recent event: Bridges to Better Business hosted by the City's Small Business Office that was held downtown. Mayor Salci advised of some upcoming events: The Summer Trillium Awards presentation will be held October 7 at the Best Western Cairn Croft Hotel at 6:30 p.m., Wednesday 8 will mark the Estee Lauder Pink Celebration for Breast Cancer Awareness event; the Annual Man -a Mile Relay Race will be taking place on Monday, October 13 departing from McFarland Park; and this week is Fire Prevention Week there will be displays October 7 6 -9 and October 9 from 6 -8:30. Finally, Mayor Salci informed the public that October 20 there will not be a regular scheduled Council Meeting. City Council will be participating in a Downtown Workshop organized by the Downtown BIA with assistance from the Canadian Urban Institute. ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that Council endorse the presentation /comments made by Councillor loannoni and that it be forwarded on to Dr. Kitts. Carried Unanimously COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. CUPE - SCFP - Request that Wednesday, October 22, 2008 be proclaimed as "Child Care Worker & Early Childhood Educator Appreciation" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the communication be approved. Carried Unanimously 2. Niagara Falls Public Library Request that the week of October 19 - 25, 2008 be proclaimed as " Ontario Public library Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Fisher, seconded by Councillor Pietrangelo that the communication be approved. Carried Unanimously 3. Arts & Culture Committee - Requesting the City of Niagara Falls take a formal stand against Federal cuts to Arts & Culture programs. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor loannoni, seconded by Councillor Fisher that the communication be approved. Motion Defeated with Councillors Wing, Maves, Thomson, Kerrio and Mayor Salci opposed. 4. Anna Etezadi - Requesting changes to the City's Animal Control bylaw regarding chickens. Anna Etezadi 5435 Morning Glory Court expressed• concerns over the City's Animal Control By -law that allows chickens in residential zones. - 7 - October 6, 2008 Council Minutes ORDERING on the motion of Councillor Thomson, seconded by Councillor Kerrio that the staff look into amending the Animal Control By -law with such measures as restricting chickens /rabbits in urban boundary, prohibiting chickens /rabbits in new subdivisions and /or grandfathering existing residences with chickens /rabbits until they cease to have such animals. Motion Carried with Councillor Wing opposed REPORTS PROPERTY MATTERS L- 2008 -33 - Chief Administrative Officer - Permanently Close and Declare Surplus Laneway between Broughton & Hickson Avenues. File No. 2008 -228 It is recommended that a portion of a laneway located between Ferguson Street and Buttrey Street to the north and south and Hickson Avenue and Broughton Avenue to the east and west ( "subject land "), and shown hatched on Attachment "1 ". Be permanently closed and declared surplus. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the report be approved as recommended. Carried Unanimously RATIFICATION OF HUMAN RESOURCES COMMITTEE MATTERS ORDERED on the motion of Councillor Fisher, seconded by Councillor Kerrio that the actions taken at the Human Resources Committee Meeting on October 6, 2008 be approved. 1. That based on the results of a request for proposal for a search firm helping fill the vacancy of the Chief Administrative Officer and that the following 3 firms be selected for an interview. Feldman Daxon Partners Inc., Organization Consulting Limited and Ray & Berndtson; and 2. That as per the job descriptions in place, the Executive Directors be appointed to act on a monthly basis upon departure of the current C.A.O. and that the current CAO determine the rotation of the Executive Directors. with Councillor Thomson opposed to # 2 Motion Carried RATIFICATION OF "IN CAMERA" RECOMMENDATIONS ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that the actions taken in the " In Camera " meeting on October 6, 2008 be approved. 1. That, in the event the council of the Regional Municipality of Niagara chooses to proceed with an appeal the Order of the Ontario Municipal Board issued August 20, 2008 in OMB file PL 0606875/ PL 071072, the City Solicitor is instructed to take whatever steps are required to support the Region of Niagara in that appeal; and 2. That as per the job descriptions in place, the Executive Directors be appointed to act on a monthly basis upon departure of the current C.A.O. and that the current CAO determine the rotation of the Executive Directors. Motion Carried with Councillor Fisher and Pietrangelo declaring a conflict on # 1 and Councillor Thomson opposed to # 2. - 8 - October 6, 2008 Council Minutes RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati that the actions taken in Community Services Committee, on October 6, 2008 be approved. 1. The minutes of the September 22, 2008 meeting be approved. 2. MW- 2008 -58 Weightman Bridge Structural Rehabilitation Status Report That Council approve the proposed staging of construction on Weightman Bridge, allowing it to stay open to two lanes of traffic and one sidewalk for pedestrians, for reasons as outlined in this report. That Council approve the postponement of construction of the proposed Bridge Rehabilitation from 2009 to 2010. That Council authorize the engagement of Rankin Construction Inc. to undertake the proposed minor remedial repair works. 3. MW- 2008 -59 Weightman Bridge Watermain Relocation - Status Report That Council approve the implementation of the recommended preferred alternative from the consultant (R.V. Anderson Associates Limited) investigation following the Municipal Class EA process for the replacement/relocation of the existing watermains on the Weightman Bridge. That Council approve the proposed scheduling and phasing of the construction of the recommended new watermain loop into Chippawa along Stanley Avenue and Lyons Creek Road as outlined in this report. MW- 2008 -61 Building Canada Fund That the City submit the Museum Legacy Project for the Building Canada Fund and that the resolution appearing tonight be approved. 5. R- 2008 -31 Centennial Water Molecule Update That staff investigate the possibility of moving the Centennial Water Molecule back to City Hall. TS- 2008 -05 Portage Road between Church's Lane and Mountain Road Traffic Calming Follow -up Review That this report be received for the information of the Committee. 7. TS- 2008 -21 Woodbine Street - Traffic Calming Review That the following report be received for the information of the Committee. 8. CAO- 2008 -05 People Mover Project Update That the City continue to dedicate the necessary resources to meet the June 30, 2009 Canada Strategic Infrastructure Fund deadline for the People Mover Project. - 9 - October 6, 2008 Council Minutes 10. That the City of Niagara Falls support the Town of Niagara -on- the -Lake in making an application to the Building Canada Fund for infrastructure renewal at the Niagara District Airport. with Councillor Wing having a conflict on MW- 2008 -61. Carried Unanimously RATIFICATION OF CORPORATE SERVICES COMMITTEE MATTERS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor loannoni that the actions taken in Community Services Committee, on October 6, 2008 be approved. 1. F- 2008 -37 2007 Consolidated Financial Statements That the report be received for information. 2. F- 2008 -39 Investing in Ontario Act Update That Council refers the report to 2009 Budget deliberations. 3. F- 2008 -41 Lundy's Lane Battlefield Legacy Project That Council approves the funding request for the engagement of architects, to develop a set of tender ready construction drawings for the Niagara Falls Board of Museums Lundy's Lane Battlefield Legacy Project; and That the final approval of the projects be deferred until the financial commitment of the other stakeholders is finalized. 4. That staff report back on Council Remuneration. with Councillor Wing having a conflict on F- 2008 -41. Carried Unanimously CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F- 2008 -40 - Municipal Accounts. It is recommended that Council approve the municipal accounts totaling $7,790,847.97 for the period August 21, 2008 to September 17, 2008. HR- 2008 -05 - Benefits Renewal Sun Life Assurance Company. It is recommended that Council approve the premium renewal of employee benefits with Sun Life Assurance Company, provider of Life, Extended Health, Dental, Long Term Disability and Accidental Death and Dismemberment, for the period of September 1, 2008 to August 31, 2009. PD- 2008 -85 - CB & FIG /2008, Downtown CIP Facade Improvement Grant Application, 4675 Queen Street - Dominic Musitano, UFCW - Local 102. It is recommended that Council approve the above noted application for a Facade Improvement Grant in the amount of $10,000 subject to meeting the program requirements including entering into an agreement with the City. - 10 - October 6, 2008 Council Minutes PD- 2008 -86 - Update on Financial Incentive Applications under City's CIP and Proposed Amendment to Residential Loan Program. It is recommended that Council receive the summary of applications under the City's CIP's. PD- 2008 -87 - PLC - 2008 -001, Request for Removal of Part Lot Control Portions of Lots 17 & 18, Lot 19, Registered Plan 59M -251, 6370 -6388 Pinestone Road (Neighbourhoods of St. David's), Owner: Walker Community Development Corporation. It is recommended that Council approve the request and pass the by -law included in tonight's agenda to designate portions of Lots 17 & 18 and Lot 19, Registered Plan 59M -251, described as Parts 1 to 13 (inclusive), Reference Plan 59R- 13769, as exempt from Part Lot Control; and that the owner be given two years to create the individual parcels and notify the City when the separate deeds have been registered. ORDERED on the motion of Councillor loannoni, seconded by Councillor Diodati that the reports on the consent agenda be approved as recommended. Carried Unanimously RESOLUTIONS NO. 30 - PIETRANGELO - DIODATI therefore be it resolved that Niagara Falls City Council supports the Niagara Falls Board of Museums "Lundy's Lane Battlefield Legacy Project" as the project most worthy of submission for the first intake of the Communities Component Agreement of the Building Canada Fund. Carried Unanimously with Councillor Wing having an indirect pecuniary interest. BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be given a first reading. Carried Unanimously 2008 -168 A by -law to permanently close part of a highway. 2008 -169 A by -law to declare Lane Plan 997 Niagara Falls lying south of Ferguson Street, north of Buttrey Street, east of Broughton Avenue and west of Hickson Avenue, except Parts 1 and 2 on Reference Plan 59R -8021, and Part 3 on Reference Plan 59R- 10928; in the City of Niagara Falls, in the Regional Municipality of Niagara, surplus. 2008 -170 A by -law to designate portions of Lots 17 & 18 and Lot 19, Registered Plan 59M -251, not be subject to part-lot control. (PLC- 2008 -01) 2008 -171 A by -law to authorize the execution of a Condominium Conversion Agreement with 6400 Huggins Apartments Inc., with respect to the lands described as Parcel 61 -2 Section 59- Stamford, Part Township Lot 61 Stamford being Parts 1 & 2 on Reference Plan 59R -9980 except Parts 5 & 6 on Reference Plan 59R- 13568; s/t Part 2 on 59R -9979 except Parts 22, 23 & 24 on 59R- 13568; s/t Part 2 on 59R -9979 as in LT120620; t/w Part 2 on 59R -9980 as in LT120621, s/t easement over Parts 18, 20 & 21 on 59R -13568 except for the benefit of Part Township Lot 61 Stamford being Parts 1, 2, 3 on 59R -9980 except Parts 5 & 6 on 59R - 13568; Parts 22, 23 & 24 on 59R -13568 as in SN216225, s/t easement over Parts 20, 26, 28 & 29 on 59R -13568 for the benefit of Part Township Lot 61 being Parts 1, 2, 3 on 59R -9980 except Parts 5 & 6 on 59R- 13568; Parts 22 23 & 24 on 59R -13568 as in SN216225, t/w easement over Parts 11, 12, 16 & 17 on 59R -13568 as in SN216224, t/w easement over Parts 8, 9 & 11 on 59R -13568 as in SN216224, t/w easement over Parts 3 & 15 on 59R- 13568 as in SN216224. Parcel 61 -3, Section 59 Stamford, Part Township Lot 61 Stamford being Part 5 on 59R - 13568; t/w easement over Parts 11, 12, 16 & 17 on 59R -13568 as in SN216224, t/w easement over Parts 8, 9 & 11 on 59R13588 as in SN216224, t/w easement over Parts 3 & 15 on 59R -13568 as in SN216224. Parcel 61 -3, Section 59 - 11 - October 6, 2008 Council Minutes Stamford, Part Township Lot 61 Stamford being Part 6 on 59R- 13568; t/w easement over Parts 11, 12, 16 & 17 on 59R -13568 as in SN216224, t/w easement over Parts 8, 9 & 11 on 59R -13568 as in SN216224, t/w easement over Parts 3 & 15 on 59R -13568 as in SN216224; all in the City of Niagara Falls, in the Regional Municipality of Niagara. 2008 -172 A by -law to authorize the execution of an Encroachment Agreement, dated September 15, 2008, between Louis Joseph Perry and The Corporation of the City of Niagara Falls for the purpose of permitting an encroachment onto a City road allowance. 2008 -173 A by -law to provide for the approval of Amendment No. 86 to the City of Niagara Falls Official Plan. 2008 -174 A by -law to amend By -law Nos. 5335, 1955 and 79 -200 to permit the construction of a 7 storey, 119 -unit apartment building on the land and to repeal By -law Nos. 79 -154, 81 -208 and 84 -131. (AM- 2008 -021) 2008 -175 A by -law to authorize the payment of $7,790,847.97 for General Purposes. 2008 -176 A by -law to adopt, ratify and confirm the actions of City Council at its meeting on the 6 day of October, 2008. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be read a second and third time and passed. with Councillor Wing opposed to 2008 -173 & 2008 -174 ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the meeting be adjourned at 8:00 p.m. Carried Unanimously 7 Piku_ DEAN 10 IDA, CITY CLERK r7:(Set- Motion Carried R.T. (TED) SALCI, MAYOR