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2001/07/16EIGHTEENTH MEETING COMMITTEE-OF-THE-WHOLE Council met on Monday, July 16, 2001 at 5:30 p.m. in Committee -of- the Whole. All members of Council, with the exception of Aldermen Pietrangelo and Puttick, who were away on vacation, were present. Alderman Kim Craitor presided as Chairman. Following consideration of the items presented, the Committee -of- the -Whole rose to report in open session. READ AND ADOPTED, E.C. WAGG, CITY CL AYNE THOMSON, MAYOR PLANNING MEETING Council met on Monday, July 16, 2001 at 6:00 p.m. for the purpose of considering Planning and Regular Business matters. All members of Council, with the exception of Aldermen Pietrangelo and Puttick, who were away on vacation, were present. Alderman Ken Feren offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTEREST Committee Room #2 July 16, 2001 Council Chambers July 16, 2001 Alderman Campbell indicated a pecuniary interest on Report No. F- 2001 -50, Cheque No. M93272, District School Board of Niagara, because he is employed by the Board. Alderman Craitor indicated a pecuniary interest on Report No. F- 2001 -50, Cheque No. 260868 because he is the recipient; and on Cheque Nos. 260710; 260738; 260975; 260555; 260727 and 260412 because a member of his family is employed by the Region. Alderman Federow indicated a pecuniary interest on Report No. F- 2001 -50, Cheque No. M93274, Niagara Catholic School Board, because a member of his family is employed by the Board. 2 Alderman Volpatti indicated a pecuniary interest on Report BBS- 2001 -21 from Community Services Committee, because a member of her family is employed by the applicant. Alderman Wing indicated a pecuniary interest on Report F- 2001 -50, Cheque Nos. 260402; 260974 and 260725 because she is an officer of the organization involved. PRESENTATIONS His Worship Mayor Thomson congratulated and presented a token of appreciation to Mr. George Waters, past Chairman of the Business Development Advisory Committee, for his community involvement over the past several years. Mr. Waters expressed his appreciation to the Mayor and members of Council for their support over the years. DEPUTATIONS Matt Menna Sports Endowment Fund Mr. Peter Menna and Mrs. Karen Menna thanked all the individuals for their involvement in the establishment of an endowment fund for young athletes who require financial assistance, in memory of their son Matthew and requested that Council endorse the policy -AND Report R- 2001 -31 Chief Administrative Officer Re:Matt Menna Sports Endowment Fund. The report recommends that the attached policy be approved and that a letter regarding the policy be forwarded to Canada Customs and Revenue Agency. ORDERED on the motion of Alderman Fisher, seconded by Alderman Federow, that the policy be approved and that a letter regarding the policy be forwarded to Canada Customs and Revenue Agency. Carried Unanimously. His Worship Mayor Thomson thanked the Menna family for their attendance and encouraged the community to support this worthwhile fund. Operation CTL, Hard Hats, Soft Hearts Mr. Garth McQueen, Manager, Learning Solutions, Canadian Tire Acceptance Ltd., and Ms. Linda Branchchaud, Executive Director, Niagara Falls YWCA, provided a video presentation and update on the YWCA project. Ms. Linda Branchchaud expressed her appreciation to Canadian Tire Acceptance Ltd. for all their hard work on the YWCA project and thanked staff for all their support. Following the presentation, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that a letter of thanks and congratulations be forwarded to the Canadian Tire Acceptance Ltd., for all their hard work on the YWCA project. Carried Unanimously. Niagara Falls YMCA Twilight Road Race 3 Ms. Jennifer Gollert, YMCA, 2001 Race Director, provided background information on the YMCA Twilight Road Race and requested that Council support waiving the costs involved in road closure and signage in connection with the Niagara Falls YMCA Twilight 5km Road Race being held on July 21, 2001. Following the presentation, it was ORDERED on the motion of Alderman Feren, seconded by Alderman loannoni, to waive the costs involved with the road closure and signage in connection with the Niagara Falls YMCA Twilight 5km road Race on July 21, 2001. Carried Unanimously. Biaga Tomatafest Ms. Carol Henderson, Niagara Parks Commission and Mrs. Paisley Janvary- Pool, United Way, provided information on the upcoming Third Annual Niagara Bigga Tomatafest being held at Queenston Heights Park on August 17t and August 19 2001 and requested that Council proclaim the week of August 13t to August 19 2001 as "Niagara Bigga Tomatafest Week" and encouraged everyone to attend. Following the presentation, it was ORDERED on the motion of Alderman loannoni, seconded by Alderman Fisher, that the week of August 13 -19, 2001 be proclaimed as "Niagara Bigga Tomatafest Week Carried Unanimously. Drainage Course No. 6 Mr. John Spriet, Consultant advised that meetings had been held with staff and interested landowners within the defined watershed area and indicated that the comments received had been generally supportive of the project. His Worship Mayor Thomson received a positive response to his request fora show of hands by persons present who were interested in the project and received a negative response for his request for persons who were in support or in opposition to the project. -AND Report MW- 2001 -92 Chief Administrative Officer Re: Municipal Drain, Engineer's Report, Section 4, Drainage Act, Drainage Course No. 6, Montrose Road (Young Road to Carl Road). The report recommends that the Council adopt the Engineer's Report for Drainage Course No. 6 prepared under the authority of Section 4 of the Drainage Act, R.S.O., 1989 and that staff be directed to prepare the provisional by -law as prescribed in the Act. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. See By -law No. 2001 -125 Niagara Falls Health Professional Recruitment Dr. David Dec, addressed Council on behalf of the Niagara Falls physicians with respect to establishing a committee to deal with doctor recruitment and retention activities and urged Council to approve the recommendation report. -4 -AND Report BDD- 2001 -01 Niagara Falls Health Professional Recruitment Task Force. The report recommends the following: 1. That a Niagara Falls Health Professional Recruitment Task Force be established immediately to address the current and future shortages in sustaining /attracting doctors and other health professionals to our community; 2. That Council approve the composition of the Task Force; 3. That Council appoints its representative(s) to the Task Force; 4. That Council approves funding in the amount of $60,000 for the City program, and further; 5. That Council consider $10,000 toward the Regional /Municipal Program. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. PLANNING MATTERS PD- 2001 -63 Chief Administrative Officer Re: Consultant Presentation; Adult Entertainment and Body Rub Parlour Study. The report recommends that Council receive the input from the public on the Adult Entertainment and Body Rub Parlour Study submitted by the Butler Group Consultants Inc. His Worship Mayor Thomson declared the Public Meeting open and received indication that Mr. David Butler, Butler Group and Ms. Susan Keir, Keir Group, Consultants, were in attendance to discuss the study; and received a positive response to his request for a show of hands by persons present who were interested in application. Mr. Butler reviewed the study through a slide presentation and discussed the purpose of the study; the background; the existing situation with adult entertainment parlours; body rub parlours; regulations and enforcement; existing public policy context and regulations; zoning and licensing; other municipal experiences; planning considerations; referred to the options available and of the advantages and disadvantages for each: #1 Status Quo; #2 Add Distance Separation Buffers and Relocate through Buffering; #3 Provide for Alternative Locations for Adult Entertainment Parlours and Body -Rub Parlours as Licences Expire; Mr. Butler advised that they would be pleased to meet with Council to address any concerns regarding the options available and for an appropriate course of action for the City of Niagara Falls. 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; and 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 positive response in opposition to the application. Mr. Felix Pinque, referred to the negative impact that these facilities would have on neighbouring businesses and expressed strong opposition to having body rub parlours in our community. 5 During the discussion it was ORDERED on the motion of Alderman loannoni, seconded by Wing, that a letter be forwarded to the Crime Commission requesting that the issue of body -rub parlours be put back on their priority list. Carried Unanimously. Mr. Bill Horenz, Epworth Circle, expressed concerns with respect to the "Oasis Massage Parlour" located on Victoria Avenue and of the activities that were being carried out nightly and into the early morning hours. Mr. Dino DeBenedetti, 5523 Buchanan Avenue, who was in attendance on behalf of his parents residing in the area, questioned the distance separation of the proposed facilities and enquired as to the number of allowable body rub parlours and locations. In response to questions raised, the City Solicitor provided clarification on distance separation and indicated that the Courts advise that the municipality has to provide, on planning grounds, reasonable opportunity for these businesses to locate. Ms. Letitia DiBellonia, a member of the Lundy's Lane BIA, expressed the following concerns: that the City's Official Plan does not provide any direction as to what land use designation that may be appropriate for any locational or performance criteria; that it is contrary to the tourist commercial policies in the Official Plan Amendment and the Niagara Falls Tourist area development strategy; that it is not consistent with the image of community character and aspirations of the Lundy's Lane B.I.A.; it has a negative impact on the perceived social and property values in the area. She indicated that she would like to see amendments to the by -law that would decrease the limitation of licencing to tourist commercial and to include industrial zoned areas; referred to the lack of provisions for the distance separation between the adult entertainment parlours and the body rub parlours from each other; suggested the elimination of clustering that is presently in existence; increasing the requirements for minimum separation distance from sensitive use areas; and suggested that body rub parlours should be located in the adult entertainment parlours. Ms. DiBellonia questioned what other communities were doing to police the illegal body rub parlours in their communities. Mr. Butler responded that many municipalities have very stringent Official Plan policies that limit the number; locational criteria and distance separations and they are much tougher in their enforcement side. He advised that increasing the land use regulations and putting in more effort in the enforcement side. Mr. Butler advised that the purpose of the meeting was to present the report and obtain public comments. During the discussion, the City Solicitor referred to the "challenges of enforcement" and advised that if landlords were considering renting to illegal body rub parlour owners, and a conviction of operating without a licence was obtained, the City would seek a closure order against the premises (landlord) and advised that the landlord would then be unable to open that part of the rented premises for approximately 2 years. The Director of Planning and Development indicated that through discussions with the OMB representatives, it was suggested that the City develop a sound Official Plan policy in order to provide a clear direction of where these facilities can be located and under what circumstances. Ms. Charlene Mayo enquired about the previous lottery draws; the denial of a requested extension and of the Courts' decision regarding body rub parlours.. 6 The City Solicitor provided clarification on the Court's decision and its findings dealing with body rub parlours and further advised that the Planner was requesting input from the public this evening and would be preparing a further report to Council at an upcoming meeting. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to the Adult Entertainment and Body -Rub Parlour Study closed. ORDERED on the motion of Alderman Feren, seconded by Alderman Wing, that the report be received and referred to the Consultant to come back with a report to Council. Carried Unanimously. PD- 2001 -56 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 13/2001, South side of McLeod Road, East of Alex Avenue; Proposed Long -Term Care Facility. The report recommends that Council approve the Zoning By -law Amendment application to add a nursing home as a use on the lands located on the south side of McLeod Road, east of Alex Avenue. AND Communication No. 126 Don Marlene Speck, 7349 Alex Avenue. The communication requests that the mature trees and treeline be preserved in order to allow the residents to continue having the privacy they have had since 1989. AND Communication No. 127 Sam B. Carrera. The communication advises as having no objection to the proposal, but requests that the approval of the project have no effect on any front, side or rear minimum set backs and that the properties remain TC zone regulations; and that the maximum lot coverage, height of building or structure and maximum floor area not be affected by this approval. Further, if future development of the remaining properties requires any requirements for the purpose of noise, privacy or any other need shall be provided by the owners of the nursing home and that the costs be absorbed by the nursing home owners. AND Communication No. 128a) Regional Niagara, Public Works Department. The communication requests that the application be held in abeyance until a traffic study has been completed for this area; AND Communication No. 128b) Regional Niagara, Planning and Development Department. The communication advises as having no objection to the approval of the application. 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 June 15, 2001. His Worship Mayor Thomson received indication that Mr. Harold Kersey, applicant, was 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. 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 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 Planning Review; and the Public Notification Process. He advised that the proposed development was very compatible and that staff were recommending approval subject to site plan control dealing with fencing; storm water management; tree preservation plan and fire access. In response to questions raised, the Director of Planning and Development advised that the Region was currently studying the transportation requirements in the McLeod Road /Marineland Parkway corridor and suggested that if a traffic light was going to be installed specifically to that area, then it would be paid for by the developer. 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. Ms. Marlene Speck, 7348 Alex Avenue, was of the opinion that the proposal was an excellent idea, but requested that the mature trees and the treeline be preserved in the neighbourhood and she further requested to be part of the site plan approval process. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 13/2001, closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the report be received and adopted and that the neighbours be included in the site plan process. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the correspondence be received and filed. Carried Unanimously. See By -law No. 2001 -132 PD- 2001 -58 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 12/2001, 3470 Sinnicks Avenue; Proposed Community Building Use. The report recommends that Council approve the application to add a community building and respite facility as a use in the existing building at 3470 Sinnicks Avenue. -AND Communication No. 129 Mrs. Mavis Alexander and residents from Vine Street. The communication indicates that the application is for a proposed community building and that any further additions to the building or new building construction on this property would require further applications and further requests that the application not permit a detention centre for children or adults or any other uses. -AND Communication No. 130 Canadian National Railway Properties Inc. The communication comments that they recommend that 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. 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 June 15, 2001. 8 His Worship Mayor Thomson received indication that the applicant, Mr. Gary Laws, Executive Director, of the Donald L. Reilly Centre, was 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. 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; The Proposal; The Planning Review; and the Public Notification Process. He advised that staff were recommending approval of the application because the proposal conformed with the general intent and purpose of the Official Plan; that the proposal was similar to the previous school use and was compatible with the surrounding residential area and the requested amendment was appropriate for the proposed uses and that staff were recommending approval. 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. Robert Marcon, 3471 Sinnicks, questioned the length of stay and the hours or operation. Mr. Gary Laws advised that the proposal would provide for week -end respite services to developmentally challenged youngsters ages 6 to 16 years. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 12/2001, closed. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the correspondence be received and filed. Carried Unanimously. See By -law No. 2001 -137 PD- 2001 -62 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 0912001, Calaguiro Estates Phase 2; Applicant: Kybala Ventures Inc., Agent: Conlin Associates Limited. The report recommends that Council approve the requested amendment to the Zoning By -law for the undeveloped portion of Calaguiro Estates as detailed in this report to provide site specific R1A standards for lot area, lot frontage, interior side yard width, minimum floor area, provision of garages and an EPA zoning category for a woodlot/sloped area. -AND Communication No. 131 Regional Municipality of Niagara, Regional Public Works Dept. The communication advises as having no objection to the rezoning. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. 9 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 June 15, 2001. His Worship Mayor Thomson received indication that Mr. Conlin and Mr. Bassiano, were 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. The 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 Public Notification Process and the Planning Review. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a negative response in opposition to the application. The Chief Administrative Officer advised that the applicant had requested that consideration be given to proceed with a plan of subdivision through the powers that the municipality has to subdivide this land, providing that the monies received for this land could be substantiated by the appraiser on the basis that it was 6 lots and provided that the City would receive the same type of considerations under an agreement that the City would get under a plan of subdivision; and further that when this matter came back to Council for formalization, the public would be notified and that staff was satisfied to proceed this way. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 09/2001, closed. ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that the correspondence be received and filed. Carried Unanimously. See By -law No. 2001 -134 Letter of Condolence ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that a letter of condolence be forwarded to the family of the late Nick Bassiano, a well- respected citizen of the community. Carried Unanimously. REPORT PD- 2001 -60 WAS NOT PROVIDED Chief Administrative Officer Re: Zoning By -law Amendment Application, AM- 08/2001, Grand Niagara Resort Corp. (Glen Schnarr Associates); Montrose /Grassy Brook/Biggar Roads. -AND Communication No. 132 Canadian National Railway Properties Inc. The communication requests that the City include the setback requirement in the Zoning By -law Amendment and that the owner register on title, an Agreement with CN, stipulating how CN's concerns will be addressed, prior to the passing of the by -law. -AND Communication No. 133 Thomson Rogers, Solicitors, for Cytec Canada Inc. The communication advises as not being in opposition to the approval of the Official Plan Amendment and zoning by -law subject to the following: 1) Incorporation of a provision into the site specific Official Plan Amendment language recognizing the buffer principle from Cytec lands; 2) Incorporation of a minimum distance separation from the Cytec lands to the resort block of the Grand Niagara development in the zoning by -law; 3) Confirmation from City planning staff and Glenn Schnaar in writing that the distance separation on the revised proposal is the same distance separation as on the original proposal. The Director of Planning and Development advised that the matter had been approved in principle, subject to certain conditions being met and advised that the boundaries of the wet lands had not yet been resolved. He advised that the purpose of the meeting was to provide the developer with an opportunity to address Council as to why he wished to develop the wetlands. Mr. Glen Schnarr, Consultant, Grand Niagara Resort Corp. reviewed both Schedules as submitted to Council and advised that any minor discrepancies could be resolved through meetings with staff with regard to the boundary issue. Following some discussion, it was ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the report be approved subject to having consultations with the applicant and staff on the issue of the wetland boundaries. The motion Carried with Alderman Wing voting contrary to the motion and with all others voting in favour. See By -law No. 2001 -156 See By -law No. 2001 -157 10 Alderman Wing requested leave due to illness. PD- 2001 -57 Chief Administrative Officer Re: Official Plan and Zoning By -law Amendment, AM- 20/99; Policies for Testamentary Devise Parcels. The report recommends that Council authorize staff to process the revised Official Plan amendment policies and corresponding zoning provisions for a public meeting on September 10, 2001. ORDERED on the motion of Alderman Orr, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. PD- 2001 -59 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 34/2000, 4674 Ferguson Street; Proposed Private Club for The Canadian Corps., Unit 104. The report recommends the following: 1. That Council pass the amending by -law for a proposed private club at 4674 Ferguson Street and, prior to the passing of the by -law, determine by resolution, in accordance with section 34 (17) of the Planning Act, that the change proposed to the by -law after the holding of the public meeting will not require the giving of any further notice; 2. That Council receive, for information purposes, the update contained in this report regarding the environmental assessment of the property. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. See By -law No. 2001 -147 Physician's Recruitment Committee Highway Signage Weed Cutting on Hydro Property Niagara Falls Airport PD -2001 -61 Chief Administrative Officer Re: Release of Agreement; Beaverdams Road (Southwest side) Rodilio Rita Recine. The report recommends that Council pass the by -law to release an agreement between the City and Rodilio Rita Recine, dated June 17, 1987 and registered as Instrument Number 502052. ORDERED on the motion of Alderman Feren, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. REGULAR COUNCIL ORDERED on the motion of Alderman loannoni, seconded by Alderman Fisher, that the Planning /Regular Minutes of June 11, 2001 and the Minutes of the Special Council Meeting of June 21, 2001 be adopted as printed. Carried Unanimously. MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that Aldermen loannoni and Volpatti be appointed to the Physician's Recruitment Committee. Carried Unanimously. His Worship Mayor Thomson discussed the issue of directional signage on the highway for Marineland and requested that the Minister be contacted to consider having directional signage on the highway to Marineland. Following the discussion, it was ORDERED on the motion of Alderman Feren, seconded by Alderman Fisher, to request that the Minister consider having directional signage on the highway to Marineland. Carried Unanimously. See By -law No. 2001 -141 His Worship Mayor Thomson referred to Ontario Hydro properties in the tourist areas being in need of weed cutting and that City staff were making an effort to keep the weeds cut in those areas. ORDERED on the motion of Alderman Feren, seconded by Alderman loannoni, that a letter be forwarded to Ontario Hydro requesting that the weeds be cut on hydro properties in the tourist areas. Carried Unanimously. His Worship Mayor Thomson referred to the Niagara Falls International Airport which presently exists in Niagara Falls, New York and has the capacity to accept all types of aircraft, and is presently under utilized and could be a definite asset to the area. He requested that a resolution be prepared indicating that the City of Niagara Falls encourages and supports the Province of Ontario, the State of New York to co- operate on the development of the Niagara Falls International Airport in order that it can bring in all manner of air traffic and truly serve this area as an airport facility. 12 ORDERED on the motion of Alderman Feren, seconded by Alderman Orr, that a resolution be prepared respecting the collaboration of the City of Niagara Falls, the Economic Development in the Region, our M.P.P., representatives from the United States and the Premier of Ontario to upgrade and improve the Niagara Falls International Airport and to advise that the City supports them in utilizing the facility on both sides of the border. Carried Unanimously. COMMUNICATIONS See Resolution No. 27 Optimist Club Request His Worship Mayor Thomson advised that the Optimist Club had applied to the Trillium foundation for a grant and requested a letter from the City advising that the City is unable to provide the requested $80,000. Following the discussion, it was ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that the Optimist Club be advised that the City is unable to provide the requested $80,000.00. Carried Unanimously. Communication No. 134 Clifton Hill B.I.A. Re: Clifton Hill B.I.A. 2001 Budget. The communication requests that Council approve the Clifton Hill B.I.A. 2001 Budget. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that the request be approved. Carried Unanimously. Communication No. 135 Fallsview B.I.A. Re: Fallsview B.I.A. Executive Committee. The communication requests that Council approve the Executive Committee of the Fallsview B.I.A. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that the request be approved. Carried Unanimously. Communication No. 136 Regional Niagara, Office of the Regional Clerk Re: Notice of Application for Exemption under the Retail Business Holidays Act for Zehrs Market, 6940 Morrison Street. The communication advises that the applicant is seeking an exemption based on the tourism criteria for Victoria Day, Canada Day and Labour Day. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that the request be approved. Carried Unanimously. Communication No. 137a) Alderman Art Federow Re: Chippawa Willoughby Arena Concession. The communication requests that Council reaffirms its decision of May 14, 2001 to reclaim the concession operations at Stamford /Jack Bell Arena and Chippawa Willoughby Memorial Arena and not return the operation to the Niagara South Recreation Association; AND Communication No. 137b) Mr. Wayne Reid. The communication provides comments with respect to the Skate Sharpening facilities at the Chippawa Arena. Alderman Federow referred to the correspondence submitted and requested Council's reconsideration of its decision to reclaim the concession operations at Stamford /Jack Bell Arena and Chippawa Memorial Arena and that the operation not be returned to the Niagara South Recreation Association. 13 Mr. Brandon M. Boone, Solicitor, on behalf of the Niagara Falls Minor Hockey Association commented that the City's actions regarding concession stands were disturbing and indicated if revenue sources were removed, the registration fees would have to be increased and requested Council's consideration of the matter. Following the discussion, it was ORDERED on the motion of Alderman Feren, seconded by Alderman Campbell, that the matter be deferred. The motion Carried with Aldermen Hendershot and Federow voting contrary to the motion and with all others voting in favour. Communication No. 138 Village of Chippawa Citizen's Committee Re: Main Street Closure, Niagara Falls. The communication expresses opposition to the closure of Main Street from Murray Hill south to Fallsview Boulevard. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the correspondence be received and filed. Carried Unanimously. Communication No. 139- Wayne S. Scott, Chair, Arts and Culture Commission Re: Bicentennial Celebration of the War of 1812 -1814. The communication requests that Council establish a committee to begin the process of laying the groundwork towards celebrating the bicentennial celebration of the War of 1812 -1814. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the matter be referred to the Civic Committee. Carried Unanimously. Communication No. 140 Victoria Centre B.I.A. Re: Restrooms for Visitors. The communication requests that consideration be given in providing restroom facilities in the city parking lot on Ellen Avenue between Walnut and Centre Streets. ORDERED on the motion of Alderman Feren, seconded by Alderman Campbell, that the matter be referred to staff. Carried Unanimously. Communication No. 141 The Arthritis Society, Niagara Falls Branch Re: National Arthritis Month. The communication requests that the month of September be proclaimed as "National Arthritis" month in Niagara Falls and requests that a flag raising ceremony be held on Wednesday, September 5, 2001 and further, that the flag remain displayed during the entire month of September. ORDERED on the motion of Alderman Craitor, seconded by Alderman Feren, that the requests be approved. Carried Unanimously. Communication No. 142- Ms. Ella Turcotte Re: Community Access Centre. The communication expresses concems with respect to cutbacks in senior care at the Community Access Centre. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the communication be received and filed for information. Carried Unanimously. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ORDERED on the motion of Alderman Hendershot, seconded by Alderman Feren, that the actions taken in Community Services Committee, earlier this evening be approved: 1. That the June 11, 2001 Community Services Committee Minutes be approved; 14 2. MW -2001 -67 Mewburn Road Site Servicing Agreement that the City enter into an agreement with Canadian Niagara Hotels Inc. concerning the future improvements to Mewburn Road across the frontage of the proponent's lands and to receive a dedication of land on which the Mewburn Sanitary Pumping Station is currently located; 3. MW- 2001 -93 -Grass Cutting of cul-de-sacs that the Grass cutting ofcul -de -sacs report be received and filed; 4. MW- 2001 -101 Request for Removal of Parking Meters, Victoria Avenue BIA that the request be reviewed in more detail through the formation of a subcommittee made up of staff, Victoria Centre BIA members and Council; 5. R- 2001 -04 Policy 1000.27 Carnivals, Exhibitions and Tournaments on City Owned Parks and Athletic Fields; and Policy 1000.28 Rules and Regulations for the use of City Parks and Athletic Fields that the proposed revised Policies 1000.27 and 1000.28 be approved; 6. R- 2001 -32 Winter Ice Schedule for Municipal Arenas that the Schedules for Special Events and Regular Use of Winter Ice for the 2001/2001 Season be approved; 7. R -2001 -33 Agreement between Casino Niagara, Touchstone Site Contractors Limited and the City of Niagara Falls for the Design and Construction of a Decorative Fountain at the corner of Victoria Avenue Bender Street that the City enter into an agreement with Touchstone Site Contractors for the design and construction of a decorative fountain at the corner of Victoria Avenue and Bender Street; 8. BBS- 2001 -18 Appointment of Municipal law Enforcement Officer Douglas Evans that Douglas Evans be appointed as a Municipal By -law Enforcement Officer; 9. BBS- 2001 -19 Appointment of Inspector Tom Ferguson that Tom Ferguson be appointed as Inspector; 10. BBS- 2001 -20 3500 Portage Road Variance to Sign By -Law No. 6661 that Council approve a variance to sign by -law No. 6661 for 3500 Portage Road; 11. BBS- 2001 -21 5905 Victoria Avenue Variance to Sign By -law No. 6661 that Council approve a variance to sign by -law No. 6661 for 5905 Victoria Avenue; 12. BBS- 2001 -22 -CPR Bridge Murray Street Variance from Sign By -law No. 6661 that Council approve a variance to sign by -law No. 6661 for CPR Bridge Murray Street. The motion Carried with Alderman Volpatti abstaining from the vote on Report BBS -2001- 21 on a conflict of interest previously noted and with all others voting in favour. See By -law No. 2001 -129 See By -law No. 2001 -131 MW- 2001 -94 Chief Administrative Officer Re: Consulting Services for the Class Environmental Assessment Schedule "C" Fallsview Tourist Area Road Widenings. 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 the Fallsview Tourist Area Road Widenings with Delcan for the upset limit of $58,981, excluding GST. 15 ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. See By -law No. 2001 -126 MW- 2001 -95 Chief Administrative Officer Re: Contract 2001 -02, 2001 Sidewalk and Concrete Repairs. The report recommends that the unit prices submitted by the low tenderer, Sacco Construction Ltd., be accepted and the by -law be passed. ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. See By -law No. 2001 -127 MW- 2001 -96 Administrative Officer Re: Contract 2001 -03, 2001 Asphalt Overlay Program, City Wide. The report recommends that the unit prices submitted by the low tenderer, Norjohn Ltd., be accepted and the by -law be passed. ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. See By -law No. 2001 -128 MW-2001-97 Chief Administrative Officer Re: Contract 2001 -09, 2001 Crack Sealing Program, City Wide. The report recommends that the unit prices submitted by the low tenderer, 788893 Ontario Ltd., aka Niagara Crack Sealing, be accepted and the by -law be passed. ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. See By -law No. 2001 -143 MW- 2001 -98 Chief Administrative Officer Re: Confirmation of Staff Action Loblaw Properties Limited; Municipal Parking Lot #13 (Main St.) Reconstruction. The report recommends that Council confirm the actions of staff regarding the indemnification of Loblaw Properties Limited during the reconstruction of Municipal Parking Lot #13. ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. MW- 2001 -100 Chief Administrative Officer Re: 2001 Ontario Traffic Conference Annual Convention, Windsor. The report recommends that this report be received for the information of Council. ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that the report be received and filed for information. Carried Unanimously. MW- 2001 -103 Chief Administrative Officer Re: Appointment of Consultant: Class Environmental Assessment; Dorchester Road from Lundy's Lane to Thorold Stone Road. 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 a "Class Environmental Assessment Study of Dorchester Road from Lundy's Lane to Thorold Stone Road" with DELCAN Corporation, for the upset limit of $59,425.00. ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. See By -law No. 2001 -150 MW- 2001 -104 Chief Administrative Officer Re: Municipal Servicing Agreement, St. Patrick/St. George /Brock/McMickning Streets. The report recommends that the City proceed with a cost sharing servicing agreement to provide storm sewers and road reconstruction on existing roadways adjacent to the future Wiens Plan of Subdivision. ORDERED on the motion of Alderman Feren, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. See By -law No. 2001 -153 16 R- 2001 -28 Chair, Environmental Planning and Greening Committee Re: Actions Stemming from the Environmental Planning Greening Committee Meeting of June 20, 2001. The report recommends that Council endorse the actions from the June 20, 2001, meeting of the Environmental Planning Greening Committee and appoint 6 new members from the community on the Committee. Through secret ballot, the following members were appointed to the Environmental Planning Greening Committee: Russell Boles; Nick Debendetti; Janet Krochuk; Anna Lee; Eloise Schumacher and David Scott. ORDERED on the motion of Alderman Feren, seconded gy Alderman Hendershot, that the appointments be approved. Carried Unanimously. R- 2001 -29 Chief Administrative Officer Re: Adopt -A- Walkway Program, Brian Crescent and Harriman Street. The report recommends that the report is for the information of Council. ORDERED on the motion of Alderman Feren, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. See By -law No. 2001 -148 RATIFICATION OF MUNICIPAL PARKING TRAFFIC COMMITTEE ORDERED on the motion of Alderman Craitor, seconded by Alderman Feren, that the actions taken at the Municipal Parking and Traffic Committee meeting on June 19, 2001 be approved: MW- 2001 -99 Chairperson, Municipal Parking and Traffic Committee Re: Municipal Parking Traffic Committee, Recommendations, June 19, 2001 Meeting. 1. MW- 2001 -40 Drummond Road at North Street, School Crossing Guard Review that the assistance of a school crossing guard be removed from the intersection of Drummond Road and North Street; 2. MW- 2001 -58 Willoughby Drive between Weinbrenner Road and Marshall Road Traffic Operations Review a) that an all -way stop control not be installed at the intersections of Willoughby Drive at Weaver Road and Willoughby Drive at Miller Road; b) that a "50 km /h Ahead" sign be installed facing northbound motorists on Willoughby Drive at a point 425 metres south of Weinbrenner Road; c) that staff post additional 60km /h sign along Willoughby Drive; 3. MW- 2001 -68 MacDonald Avenue, Powell Avenue, Stamford Street, Heavy Vehicle Restriction that a) heavy vehicles, including buses, are prohibited on MacDonald Avenue between Roberts Street and Stamford Street; b) that heavy vehicles, including buses, are prohibited on Powell Avenue between Roberts Street and Stamford Street; c) that "no buses" tabs are installed below the existing "no heavy vehicles" signs on Stamford Street between Victoria Avenue and Stanley Avenue; d) that the above restrictions, be augmented with signs indicating "up to $5,000 fine"; 4. MW -2001 -69 All -Way Stop Control Policy Warrant Revision that 1) the revised document "Policy and Procedures for Initiating, reviewing and Implementing on All -Way Stop Control" be adopted; 2) that the warrants be re- evaluated following a 2 -year implementation period; 17 5. MW 2001 70 Gunning Drive at Oliver Street Request for All Way Stop Control that: 1) an all -way stop control be installed at the intersection of Gunning Drive and Oliver Street; that 2) a crosswalk be applied on the northwest intersection approach only; that 3) a "turn" sign be installed on: i) Gunning Drive 81 metres southwest of Oliver Street facing southwest bound motorists; ii) Parliament Drive northwest of Mackenzie Drive facing northwest bound motorists; 4) that a "pedestrian" sign be installed on: i) Gunning Drive northeast of Oliver Street facing northeast bound motorists; ii) Gunning Drive west of Willoughby Drive facing west bound motorists; 5) that the existing "playground" sign on Gunning Drive 26 metres southwest of Oliver Street facing southwest bound motorists be replaced; 6) that the existing "playground" sign on Oliver Street 19 metres southeast of Welland Avenue facing southeast bound motorists be replaced; 7) that the existing "curve ahead" waming on Gunning Drive 113 metres northeast of Oliver Street facing northeast bound motorists be replaced with a "sharp curve ahead" warning sign and be supplemented with a 40 km /h advisory speed tab and be relocated 105 metres southwesterly; 8) that a "sharp curve ahead" warning sign supplemented with a 40 km /h advisory speed tab be installed on Gunning Drive west of Mears Crescent facing westbound motorists; 9) that "school area" signs be installed on: i) Gunning Drive 100 metres northeast of Oliver Street facing southwest bound motorists; ii) Gunning Drive northeast of parliament Drive facing northeast bound motorists; iii) Oliver Street northwest of MacKenzie Drive facing northwest bound motorists; iv) Welland Avenue northeast of Sophia Street facing northeast bound motorists; 10) that Neighbourhood "Speed Watch" Program brochures be distributed to homeowners residing in the Oliver Street and Gunning Drive study area; 6. MW- 2001 -71 Fourth Avenue at Jepson Street Request for All -Way Stop Control- 1) that an all -way stop control be installed at the intersection of Fourth Avenue at Jepson Street; 2) that a "No Standing" restriction be implemented on the east side of Fourth Avenue from Jepson Street to a point 20 metres south of Jepson Street; 3) that a "No Parking" restriction be implemented at all times on the east side of Fourth Avenue from a point 20 metres south of Jepson Street to a point 44 metres south of Jepson Street (south of the driveway to the Salvation Army Eventide Home); 7. MW- 2001 -74 Nadia Court Parking Review that no change be made to on street parking on Nadia Court at this time; 8. MW- 2001 -91 Fallsview Area Pay Parking Review that 1) pay parking not be implemented on Fallsview Blvd., between Murray Street and Robinson Street; that 2) pay parking not be implemented on Robinson Street between; 3) that residential permit parking be implemented on Robinson Street between Fallsview Blvd., and Stanley Avenue. See By -law No. 2001 -144 See By -law No. 2001 -145 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 June 11, 2001 Corporate Services Committee meeting minutes; 2. Request for Financial Assistance for Mr. Jared Townsend, Local Track and Field Athlete that sponsorship in the amount of $1,000 be approved for local athlete, Jared Townsend; New Business: 18 3. Request from Karen Derda for Sponsorship of "Partners in the Sky" Fundraiser that the request for sponsorship of the Partners in The Sky fundraiser be received and filed; 4. F- 2001 -47 Queensway Free Methodist church, Waiving of Development Fees that a grant in the amount of $1,876.71 be approved for the Queensway Free Methodist Church; 5. F -2001 -48 Water Service Agreement that the Water Service Agreement between Niagara Falls Hydro Inc. and the City of Niagara Falls be approved; 6. F- 2001 -49 Community Reinvestment Fund (CRF) a) Actual Use of 2000 Allocation and b) Planned use of 2001 Allocation that the report be received for information and that the three resolutions be forwarded to Council for approval; 7. F- 2001 -50 Municipal Accounts that the municipal accounts totalling $15,109,012 for the period ending July 16, 2001 be approved; 8. F- 2001 -51 Funds Raised from Sale of Toronto Blue Jays Tickets that the Recreation Commission's request to allocate excess funds from the sale of Toronto Blue Jays tickets to create an Active Subsidy Fund be endorsed; that staff prepare a response to address the issues raised re water /sewer billing in a recent Instant Editorial in the Niagara Falls Review; that the City of Niagara Falls support the Resolution circulated by the City of North Bay with respect to Gas prices; that the City assist the St. John Ambulance with the repairs to their driveway on Glenholme Avenue and that staff prepare a report outlining all options with respect to possible construction of a boathouse for the water patrol in Chippawa. The motion Carried with Aldermen Campbell, Craitor, Federow and Wing abstaining from the vote on Report F- 2001 -50 on conflicts of interest previously noted and with all others voting in favour. See By -law No. 2001 -155 CD- 2001 -06 Chief Administrative Officer Re: Renewal of Franchise Agreement between the City of Niagara Falls and the Consumers Gas Company Ltd. The report recommends the following: 1. That Council approve the form of the draft By -law and franchise agreement and adopt the attached resolution; 2. That Council agree to a six -month extension to the existing agreement to provide for the appropriate approvals process to take place. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. See Resolution No. 24 CD- 2001 -07 -Chief Administrative Officer Re: Special Occasion Permit. The report recommends that Council indicate it has no objection to the issuance of a Special Occasion Permit to the organization listed in this report. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. 19 CD- 2001 -08 Chief Administrative Officer Re: Special Occasion Permits. The report recommends that Council indicate it has no objection to the issuance of Special Occasion Permits to the organizations listed in this report. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. L- 2001 -35 Chief Administrative Officer Re: J..H. Hunter Design Build Niagara Limited, Agreement with the City; Building Permit Testamentary Devise. The report recommends that an Agreement dated June 13, 2001, between J.H. Hunter Design Build Niagara Limited and the City regarding application for a Building Permit, be authorized. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. See By -law No. 2001 -142 L- 2001 -36 Chief Administrative Officer Re: Agreement with Peninsula Broilers Limited, 4389 Park Street. The report recommends that an agreement with Peninsula Broilers Limited regarding conditions imposed by the Committee of Adjustment by a decision dated December 19, 2000 under File No. A- 87/2000, be authorized. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. See By -law No. 2001 -140 L- 2001 -37 Chief Administrative Officer Re: Elia Encroachment Agreement with the City, Rear and Side of 6474 Balmoral Avenue. The report recommends that the continuation of the encroachment of a fence at the rear and side yard of property municipally known as 6474 Balmoral Avenue, as shown in heavy outline on the plan attached, be permitted. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. See By -law No. 2001 -138 L- 2001 -38 Chief Administrative Officer Re: Wegelin /Gallie Agreement with the City; Building Permit, Testamentary Devise. The report recommends that an Agreements, dated June 20, 2001, between Walter Wegelin and Ivy Lillian Gallie and the City regarding application for a Building Permit, be authorized. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. L -2001 -41 Chief Administrative Officer Re: Conveyance of Lot 22 and Plan No. M -78 to Ascot Woods Ltd. The report recommends that a conveyance of Lot 22 on registered Plan No. M -78 to Ascot Woods Ltd., for nominal consideration, be authorized. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. See By -law No. 2001 -130 L- 2001.42 -Chief Administrative Officer Re: Authorization to Proceed with the Closing of the Unopened Portion of Mewburn Road (formerly Clow's Road) Part of the Unopened Road Allowance between Stamford Township, Lots 14 27. The report recommends that staff be authorized to proceed with the closing of the unopened portion of Mewbum Road (formerly Clow's Road) and part of the unopened road allowance between Stamford Township Lots 14 and 27. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. See By -law No. 2001 -133 20 1-2001 -43 Chief Administrative Officer Establishment of a Road Widening and One Foot Reserve as Public Highways, Beaverdams Road and Claude Avenue. The report recommends that the orad widening described as Parts 3 and 5 on Reference Plan No. 59R -11405 and the one foot reserve described as Block B on registered Plan No. 249 be established as public highways, to form part of Beaverdams Road and Claude Avenue, respectively. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. See By -law No. 2001 -136 RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Alderman Feren, that the actions taken in Committee -of- the Whole, earlier this evening be approved: 1. That the offer to purchase Lot 72, Bridgewater Street by Craig Cook and Sonomi Egawa not be accepted; and further that the most recent offer of Terma Holdings Inc. for Lot 72 be accepted and that the Solicitors for Terma Holdings Inc. be notified; 2. That the offer to sell from 876850 Ontario Ltd., for property known as 5986 Drummond Road, in the amount of $165,000 be accepted with a 90 -day closing of the acceptance offer and that the City would have 45 days from the day of acceptance for the search of the Title. RESOLUTIONS Carried Unanimously. NO. 20 FEREN ORR RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby determines in accordance with Section 34(17) of the Planning Act, R.S.O., that the changes to the proposed zoning by -law for Application AM- 34/2000 (Canadian Corps Unit 104, 4674 Ferguson Street regarding a private club use within the existing building) are minor in nature and do not require any further notice. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. NO. 21 FEREN ORR WHEREAS, the Province of Ontario is providing the municipality of Niagara Falls a Community Reinvestment Fund (CRF) allocation; and, WHEREAS the intended use of the CRF allocation is to mitigate increases in property taxes; and, WHEREAS the Province has requested this information by July 31, 2001, and WHEREAS the Ministers of Finance and Municipal Affairs Housing have requested that each municipality prepare a report on the planned use of the 2001 CRF allocation; and, NOW, THEREFORE, let it be resolved that the Municipality of Niagara Falls intended to use the 2001 CRF allocation in ways described in the attached report and, FURTHERMORE, THAT the attached report forms part of the resolution of Council. AND the Seal of the Corporation be hereto affixed. Carried Unanimously NO.22 FEREN WHEREAS, the Province of Ontario is providing the municipality of Niagara Falls a Community Reinvestment Fund (CRF) allocation; and, WHEREAS the intended use of the CRF allocation is to mitigate increases in property taxes; and, WHEREAS the Province has requested this information by July 31, 2001; and WHEREAS the Ministers of Finance and Municipal Affairs Housing have requested that each municipality submit an electronic copy of a forecast of the 2001 continuity of reserves and reserve fund schedule (FIR Schedule 60); and, NOW, THEREFORE, let it be resolved that 21 the Municipality of Niagara Falls has complied with the Ministers' request and has attached the electronic copy of a forecast of the 2001 continuity of reserves and reserve fund schedule (FIR Schedule 60) to this resolution; and, FURTHERMORE, THAT the schedule forms part of the resolution of Council of the municipality of Niagara Falls. AND the Seal of the Corporation be hereto affixed. Carried Unanimously NO. 23 FEREN ORR WHEREAS, the Province of Ontario is providing the municipality of Niagara Falls a Community Reinvestment Fund (CRF) allocation; and, WHEREAS the intended use of the CRF allocation is to mitigate increases in property taxes; and, WHEREAS the Province has requested this information by July 31, 2001, and WHEREAS the Ministers of Finance and Municipal Affairs Housing have requested an electronic copy of a forecast of the 2001 Capital fund operations (FIR Schedule 52); and, NOW, THEREFORE, let it be resolved that the Municipality of Niagara Falls has complied with the Ministers' request and an electronic copy of a forecast of the Year 2001 Capital fund operations (FIR Schedule 52) forms part of this resolution; and, FURTHERMORE, THAT the schedule forms part of the resolution of Council of the municipality of Niagara Falls. AND the Seal of the Corporation be hereto affixed. Carried Unanimously NO. 24 VOLPATTI HENDERSHOT BE IT RESOLVED that this Council approves the form of draft By -law (including the franchise agreement forming part thereof) attached hereto and authorizes the submission thereof to the Ontario Energy Board for approval pursuant to the provisions of section 9 of the Municipal Franchises Act; That this Council requests the Ontario Energy Board to make an order dispensing with the assent of the municipal electors of the attached draft By -law (including the franchise agreement forming part thereof) pursuant to the provisions of section 9 (4) of the Municipal Franchises Act. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. NO. 25 FEREN HENDERSHOT WHEREAS the Provincial Government has enacted the Fairness for Property Taxpayers Act; AND WHEREAS this Act provided funding programs to assist municipalities for interest costs in borrowing resulting from delays in issuing 1999 Municipal Tax Bills; AND WHEREAS these programs terminated as of July 31, 1999; AND WHEREAS the Provincial Govemment has enacted the Continued Protection for Property Taxpayers Act; AND WHEREAS the Provincial Government has further caused a delay of the 2001 Final Municipal Tax Bills; NOW THEREFORE the Corporation of the City of Niagara Falls hereby requests the Minister of Finance to initiate an Interest Relief Funding Program to assist municipalities in borrowing to cover local expenditures and levies of the Regional Municipalities and School Boards. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. NO. 27 FEREN ORR WHEREAS the expansion of the Niagara District Airport is unlikely, due to constraints, including its size and location; AND WHEREAS the Niagara Falls International Airport presently exists in Niagara Falls, New York and has the capacity to accept all types of aircraft, is presently under utilized, and could be a definite asset to the area; AND WHEREAS, Premier Mike Harris, of the Province of Ontario and Governor George Pataki, of the State of New York, have recently met in a summit and agreed to co- operate on many mutually beneficial items; NOW THEREFORE BE IT RESOLVED THAT the City of Niagara Falls encourages and supports the Province of Ontario, the State of New York, City of Niagara Falls, Canada, City of Niagara Falls, New York and the Regional Municipality of Niagara to co- operate on the development of the Niagara Falls International Airport, in order that it can bring in all manner of air traffic and truly serve this area as an airport facility. AND The Seal of the Corporation be hereto affixed. Carried Unanimously. 22 BY-LAWS ORDERED on the motion of Alderman Feren, seconded by Alderman Orr, that leave be granted to introduce By -law No. 2001 -125, and the be -law be read a first time: 2001 -125 A by -law to provide for a drainage works in the City of Niagara Falls, in the Regional Municipality of Niagara. The motion Carried with all voting in favour. ORDERED on the motion of Alderman Feren, seconded by Alderman Orr, that By -law No. 2001 -125 be read a second time: 2001 -125 A by -law to provide for a drainage works in the City of Niagara Falls, in the Regional Municipality of Niagara. The motion Carried with all voting in favour. ORDERED on the motion of Alderman Feren, seconded by Alderman Orr, that leave be granted to introduce the following by -laws, and the by -laws be read a first time: 2001 -126 A by -law to authorize the execution of a Consulting Agreement with Delcan Corporation respecting to carry out a "Class Environmental Assessment on Dorchester Road from Lundy's Lane to Thorold Stone Road 2001 -127 A by-law to authorize the execution of an agreement with Sacco Construction Limited respecting the 2001 Sidewalk and Concrete Repairs City Wide. 2001 -128 A by -law to authorize the execution of an agreement with Norjohn Limited respecting 2001 Asphalt Overlay Program City Wide. 2001 -129 A by -law to appoint Municipal By -law Enforcement Officers for the City of Niagara Falls. 2001 -130 A by -law to authorize the conveyance of Lot 22 on registered Plan No. M -78 in the City of Niagara Falls, in the Regional Municipality of Niagara to Ascot Woods Ltd., for nominal consideration. 2001 -131 A by -law to amend By -law No. 93 -283, as amended, being a by -law to appoint a chief building official and inspectors under the Building Code Act. 2001 -132 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 13/2001) 2001 -133 A by -law to authorize an Agreement, dated June 20, 2001, with Walter Wegelin and Ivy Lillian Gallie regarding application for a building Permit. 2001 -134 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 09/2001, Kybala Ventures Inc.) 2001 -135 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 35/1988, St. Paul Avenue) 2001 -136 A by -law to establish Parts 3 and 5 on Reference Plan No. 59- R- 11405, as a public highway, to be known as and to form part of Beaverdams Road. 2001 -137 A by -law to amend By -law No. 79 -200, as amended. (AM- 12/2001, 3470 Sinnicks Ave.) 23 2001 -138 A by -law to authorize an Encroachment Agreement with Frank Elia and Assunta Elia for the purpose of permitting the encroachment of a fence onto City owned parkland. 2001 -139 A by -law to authorize the execution of an agreement with Niagara Falls Hydro Inc. respecting contracting out functions relating to the reading of water meters, the billing of water users, the collection of water bills and other related functions. 2001 -140 A by -law to authorize an Agreement with Peninsula Broilers Limited with respect to conditions imposed by the Committee of Adjustment by decision dated December 19, 2000 under File No. A- 87/2000. 2001 -141 A by -law to authorize a Release for the purpose of releasing Rodilio Recine and Rita Recine, their successors and assigns, being the owners of land located on the south side of Beaverdams Road, from the requirements and provisions of an Agreement registered on July 16, 1987 as Instrument No. 501052, at no cost to the City. 2001 -142 A by -law to authorize an Agreement dated June 13, 2001, with J.H. Hunter Design Build Niagara Limited regarding application for a Building Permit. 2001 -143 A by -law to authorize the execution of an agreement with 788893 Ontario Limited operating business as Niagara Crack Sealing respecting the 2001 Crack Sealing. 2001 -144 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Parking Prohibited, Standing Prohibited) 2001 -145 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs, Through Highways, Heavy Vehicle Restriction) 2001 -146 A by -law to appoint Court of Revision Members, pursuant to the Drainage Act, R.S.O. 1990, for the purpose of considering appeals, for the construction of Drainage Course No. 6. 2001 -147 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 34/2000, 4674 Ferguson St.) 2001 -148 A by -law to authorize the execution of an agreement with Friends of The Brian Crescent Harriman Street Walkway respecting an Adopt -A- Wallkway Program. 2001 -149 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 36/2000, Stanley Ave. through Main St.) 2001 -150 A by -law to authorize the execution of a Consulting Agreement with Delcan Corporation respecting to carry out a "Class C Environmental Assessment on Fallsview Tourist Area Road Widening 2001 -151 A by -law to authorize acceptance of a Transfer of Easement from Walker Community Development Corporation and Maitland Group Inc. for the purpose of constructing and maintaining a storm sewer and catch basin over part of Block 54 on registered Plan No. 59M -251. 24 2001 -152 A by -law to establish Block B on registered Plan 249, as a public highway, to be known as and to form part of Claude Avenue. 2001 -153 A by -law to authorize the execution of an agreement with Centennial Construction and Contracting (Niagara) Inc. to carry out certain development upon the lands known as Wiens Subdivision. 2001 -154 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 05/2001, 527786 Ontario Limited) 2001 -155 A by -law to authorize monies for General Purposes (July 16, 2001). 2001 -156 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan (Re: AM- 08/2001, Grand Niagara Resort). 2001 -157 A by -law to amend By -law No. 1538, 1958 as amended. (Re: AM- 08/2001, Grand Niagara Resort) The motion Carried with Aldermen Campbell, Craitor, Federow and Wing abstaining from the vote on By -law No. 2001 -155 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Feren, seconded by Alderman Orr, that the following by -laws be now read a second and third time: 2001 -126 A by -law to authorize the execution of a Consulting Agreement with Delcan Corporation respecting to carry out a "Class Environmental Assessment on Dorchester Road from Lundy's Lane to Thorold Stone Road 2001 -127 A by-law to authorize the execution of an agreement with Sacco Construction Limited respecting the 2001 Sidewalk and Concrete Repairs City Wide. 2001 -128 A by -law to authorize the execution of an agreement with Norjohn Limited respecting 2001 Asphalt Overlay Program City Wide. 2001 -129 A by -law to appoint Municipal By -law Enforcement Officers for the City of Niagara Falls. 2001 -130 A by -law to authorize the conveyance of Lot 22 on registered Plan No. M -78 in the City of Niagara Falls, in the Regional Municipality of Niagara to Ascot Woods Ltd., for nominal consideration. 2001 -131 A by -law to amend By -law No. 93 -283, as amended, being a by -law to appoint a chief building official and inspectors under the Building Code Act. 2001 -132 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 13/2001) 2001 -133 A by -law to authorize an Agreement, dated June 20, 2001, with Walter Wegelin and Ivy Lillian Gallie regarding application for a building Permit. 2001 -134 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 09/2001, Kybala Ventures Inc.) 2001 -135 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 35/1988, St. Paul Avenue) 25 2001 -136 A by -law to establish Parts 3 and 5 on Reference Plan No. 59 -R- 11405, as a public highway, to be known as and to form part of Beaverdams Road. 2001 -137 A by -law to amend By -law No. 79 -200, as amended. (AM- 12/2001, 3470 Sinnicks Ave.) 2001 -138 A by -law to authorize an Encroachment Agreement with Frank Elia and Assunta Elia for the purpose of permitting the encroachment of a fence onto City owned parkland. 2001 -139 A by -law to authorize the execution of an agreement with Niagara Falls Hydro Inc. respecting contracting out functions relating to the reading of water meters, the billing of water users, the collection of water bills and other related functions. 2001 -140 A by -law to authorize an Agreement with Peninsula Broilers Limited with respect to conditions imposed by the Committee of Adjustment by decision dated December 19, 2000 under File No. A- 87/2000. 2001 -141 A by -law to authorize a Release for the purpose of releasing Rodilio Recine and Rita Recine, their successors and assigns, being the owners of land located on the south side of Beaverdams Road, from the requirements and provisions of an Agreement registered on July 16, 1987 as Instrument No. 501052, at no cost to the City. 2001 -142 A by -law to authorize an Agreement dated June 13, 2001, with J.H. Hunter Design Build Niagara Limited regarding application for a Building Permit. 2001 -143 A by -law to authorize the execution of an agreement with 788893 Ontario Limited operating business as Niagara Crack Sealing respecting the 2001 Crack Sealing. 2001 -144 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Parking Prohibited, Standing Prohibited) 2001 -145 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs, Through Highways, Heavy Vehicle Restriction) 2001 -146 A by -law to appoint Court of Revision Members, pursuant to the Drainage Act, R.S.O. 1990, for the purpose of considering appeals, for the construction of Drainage Course No. 6. 2001 -147 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 34/2000, 4674 Ferguson St.) 2001 -148 A by -law to authorize the execution of an agreement with Friends of The Brian Crescent Harriman Street Walkway respecting an Adopt -A- Wallkway Program. 2001 -149 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 36/2000, Stanley Ave. through Main St.) 2001 -150 A by -law to authorize the execution of a Consulting Agreement with Delcan Corporation respecting to carry out a "Class C Environmental Assessment on Fallsview Tourist Area Road Widening 26 2001 -151 A by -law to authorize acceptance of a Transfer of Easement from Walker Community Development Corporation and Maitland Group Inc. for the purpose of constructing and maintaining a storm sewer and catch basin over part of Block 54 on registered Plan No. 59M -251. 2001 -152 A by -law to establish Block B on registered Plan 249, as a public highway, to be known as and to form part of Claude Avenue. 2001 -153 A by -law to authorize the execution of an agreement with Centennial Construction and Contracting (Niagara) Inc. to carry out certain development upon the lands known as Wiens Subdivision. 2001 -154 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 05/2001, 527786 Ontario Limited) 2001 -155 A by -law to authorize monies for General Purposes (July 16, 2001). 2001 -156 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan (Re: AM- 08/2001, Grand Niagara Resort). 2001 -157 A by -law to amend By -law No. 1538, 1958 as amended. (Re: AM- 08/2001, Grand Niagara Resort) The motion Carried with Aldermen Campbell, Craitor, Federow and Wing abstaining from the vote on By -law No. 2001 -155 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, E. C. WAGG, CI RK WAYNE THOMSON, MA OR