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2004/02/02Council met on Monday, February 2, 2004 at 7:15 p.m. in an In Camera Session. All members of Council, with the exception of Aldermen Kerrio and Volpatti, who were away, were present. Alderman Carolynn loannoni presided as Chair. Following consideration of the items presented, the In Camera session reported in open session. READ AND ADOPTED, THIRD MEETING IN CAMERA SESSION <:_c_ref-dz DEAN IORF IA, i ITY CLERK R. T. (TED) SALCI, MAYOR REGULAR MEETING Council Chambers February 2, 2004 Council met on Monday, February 2, 2004 at 6:40 p.m. for the purpose of considering Regular Business matters. All members of Council, with the exception of Aldermen Kerrio and Volpatti, who were away, were present. Alderman Victor Pietrangelo offered the Opening Prayer. ADOPTION OF MINUTES Alderman Wing requested that the Minutes be amended on Page 4 to reflect that she had returned to Council Chambers following the Planning Director's comments. ORDERED on the motion of Alderman Morocco, seconded by Alderman Diodati, that the Minutes of the Planning /Regular meeting of January 19, 2004 be approved as amended. Carried Unanimously. Committee Room #2 February 2, 2004 DISCLOSURES OF PECUNIARY INTEREST Alderman Wing indicated a pecuniary interest on Report No. F- 2004 -10, Cheque No. 281444, because she owns property with a Niagara Parks employee. Mayor Salci indicated a pecuniary interest on Report No. F- 2004 -10, Cheque No. 282485 because he is the recipient. -2- DEPUTATIONS February 2, 2004 Council Minutes Regional Councillor Bill Smeaton spoke of the lack of coordination between the various levels of government, especially related to traffic issues. He proposed a task force with representation from the City, Region and Ministry of Transportation to deal with the coordination of traffic issues. ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing, that a task force be formed to deal with the City's traffic issues. Carried Unanimously. Regional Councillor Bill Smeaton referred to the 200 plus year -old walnut trees located between Frederica and Lundy's Lane on Dorchester Road; he requested if the trees must be cut down, that some historic artifacts be made out of the cut wood. He also referred to the issue of tree trimming and suggested that the tree trimming crews be less aggressive in their tree cutting efforts. It was noted that Niagara Falls Hydro cut through the trees to protect the power lines and it was suggested that a letter be forwarded to Niagara Falls Hydro requesting that they take minimal amount of foliage away from the powerlines. Waste Management Services Mr. David Payne, Director, Waste Management Services Division provided an overview on the implementation of a new curbside waste collection service, beginning on April 1, 2004. Following some discussion, it was ORDERED on the motion of Alderman Wing, seconded by Alderman Morocco, that manufacturers and retailers be urged to look into the use of biodegradable packaging in the food industry. Carried Unanimously. MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS Standing Committee on Finance His Worship Mayor Salci provided the highlights of his presentation to the Provincial Standing Committee on Finance and Economic Affairs. Snow Removal Efforts His Worship Mayor Salci referred to the excessive amount of snow the municipality has received and of the snow removal efforts by City crews. In response to concerns expressed, the Director of Municipal Works provided clarification on sidewalk clearing priorities. Budget Process His Worship Mayor Salci advised that the budget process was continuing with further public consultations to be held. He also advised that further information regarding the value for money audit would be provided at a later date. Bridge Crossings -3- His Worship Mayor Salci advised that he had a meeting with his counterpart from Niagara Falls, New York, Mayor Vince Anello and outlined Mayor Anello's efforts on this issue. Niagara Falls Central District (Downtown) Community Improvement Plan His Worship Mayor Salci advised that the Niagara Falls Central District (Downtown) Community Improvement Plan had been rescheduled to March 3, 2004 at 5:30 p.m. In Committee Room #2. COMMUNICATIONS February 2, 2004 Council Minutes Communication No. 13 Pitch -In Canada National Office Re: Proclamation. The communication requests that Council proclaim the week of April 19 25, 2004 as "Pitch In Canada Week ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that the request be approved. Carried Unanimously. Communication No. 14 Inter Department Memorandum Re: Proclamation. The communication advises that the month of February is "Black History Month" and that a bi- national effort has been undertaken to proclaim February 7 2004 as "Nathaniel Dett Day". ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing, that February 7, 2004 be proclaimed as "Nathaniel Dett Day Carried Unanimously. Ms. Wilma Morrison was in attendance and provided a brief summary of the event. Communication No. 15 Inter Department Memorandum Re: Proclamation. The communication requests that Council proclaim the week of February 15 to February 21S 2004 as "Heritage Week" in Niagara Falls. ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni, that the request be approved. Carried Unanimously. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that the actions in the Community Services Committee, earlier this evening, be approved: 1. Adoption of the minutes of the January 19, 2004 Community Services Committee meeting; 2. MW- 2004 -25 Ann Street Waters Avenue that stop signs with flashing lights be installed at Richmond Crescent and Waters Avenue and Richmond Crescent and Ann Street; that the lighting be improved at Ann Street and Waters Avenue and that staff proceed with the EA for speed bumps; also, that the Niagara Regional Police be contacted and additional enforcement be requested; 3. MW- 2004 -01 Kalar Road Parking Review that parking be restricted at all times on both sides of Kalar Road between Thorold Stone Road and Niven Street and that staff review the street lighting; 4. MW- 2004 -23 Dorchester Road Environmental Assessment Update that the Dorchester Road EA recommendations be supported and that the Committee authorizes staff to prepare and file the Environmental Study Report opposed: Aldermen Campbell and Pietrangelo; -.4- 5. MW- 2004 -21 Valley Way Condominiums (11 units); Valley Way Storm Sewer Extension -Cost Sharing Details to authorize staff to prepare and file the Environmental Study Report opposed: Alderman Campbell; 6. Correspondence from Travel Niagara Tours request for City of Niagara Falls pins or pens for their Annual Spartan Warrior Tournament running from March 26, 2004 to March 28, 2004 that the Committee supports the Annual Spartan Warrior Tournament with a contribution of 1,500 City of Niagara Falls pins. Carried F- 2004 -11 Chief Administrative Officer Re: 2004 Municipal Utility Budget Discussion. The report recommends that this report be received for the Information of City Council and that the Municipality give formal Notice to the Public that the final Municipal Utility Budget will be considered for approval on February 23, 2004. ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing, that the report be received and filed for the information of Council. Carried Unanimously. PD- 2004 -10 Chief Administrative Officer Re: Surplus City -Owned Land Northwest corner of McLeod Road and Montrose Road; City- initiated Official Plan and Zoning By -law Amendments; Future Commercial Use. The report recommends that Council authorize staff to initiate official plan and zoning by -law amendments that would result in approximately 30 acres (12 ha) of surplus City -owned land being redesignated and zoned for commercial purposes to strengthen the Niagara Square Retail District. ORDERED on the motion of Alderman loannoni, seconded by Alderman Diodati, that the report be received and adopted. Carried Unanimously. Alderman Carolynn loannoni vacated Chambers. February 2, 2004 Council Minutes 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, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati, that the Reports on the Consent Agenda be approved. 1. F- 2004 -10, Municipal Accounts that Council approve the municipal accounts totalling $7,026,236.47 for the period ending February 2, 2004; 2. FS- 2004 -02, Municipal By -Law No. 80 -114, Designation of Required Fire Access Routes; Inclusion of Canada One Factory Outlet Mall, 7500 Lundy's Lane; Owner: Canada One Factory Outlet Mall that Council approve the request of Steve Keilhau, On -Site Manager, 7500 Lundy's Lane to designate the private roadways as a Fire Route; 3. HR 2004 01, Workplace Health Wellness Policy that Council endorse the attached policy regarding Workplace Health Wellness; -5- 4. L- 2004 -08, Establishment of Public Highway; Part 2 on Reference Plan 59R- 12133, as part of Willoughby Drive; File No. 2004 -21; Alderman loannoni returned to Council Chambers. RATIFICATION OF "IN CAMERA" ACTIONS February 2, 2004 Council Minutes Carried ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that the actions taken in the In Camera session, earlier this evening, be approved. Re: Application to the Superior Court of Justice by Mr. Malek against the City of Niagara Falls dealing with the property at 8911 Lundy's Lane regarding an Order of the Court that there be an application process for a body rub parlour at the location and that the City retain the firm of Weir Foulds in Toronto, to defend the action and to take all the necessary steps to protect the City's interest. Carried NO. 02 PIETRANGELO MOROCCO THEREFORE BE IT RESOLVED THAT the City -owned lands being the former railway spur line of approximately .0536 acres, described as Part of Township Lot 115, Stamford being Parts 2 and 10 on 59R- 12076, be and the same is hereby declared surplus to the City's needs; and further be it resolved that this will constitute notice to the public with respect to the proposed land exchange as follows: (a) Parts 2 and 10 on 59R 12076 be transferred to The Regional Municipality of Niagara from The Corporation of the City of Niagara Falls, for $44,250.00; (b) Parts 2 and 3 on Reference Plan 59R -12048 be acquired by The Corporation of the City of Niagara Falls from The Regional Municipality of Niagara, for $34,840.00. AND The Seal of the Corporation be hereto affixed. Carried Unanimously. His Worship Mayor Ted Salci received a negative response to his request whether there was anyone in attendance who had an interest in the following lands being sold May Avenue and Buttrey Street Laneways. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that leave be granted to introduce the By -laws and the By -laws be read a first time: 2004 -25 2004 -26 RESOLUTIONS BY -LAWS FOR OFFER TO PURCHASE A by -law to authorize the execution of an Offer to Purchase from Douglas Gaylor respecting the purchase of lands being parts 4 and 6 on Reference Plan 59R -12258 being part of the Lane Plan 997 lying between Leader Lane and Ferguson Street and Victoria Avenue and Acheson Avenue. A by -law to authorize the execution of an Offer to Purchase from Darell Brunke and Margaret Brunke respecting the purchase of lands being parts 1 and 2 on Reference Plan 59R -12258 being part of the Lane Plan 997 lying between Leader Lane and Ferguson Street and Victoria Avenue and Acheson Avenue. 2004 -27 2004 -28 -6- February 2, 2004 Council Minutes A by -law to authorize the execution of an Offer to Purchase from Suat Ali Yardimci respecting the purchase of lands being Part 3 on Reference Plan 59R -12258 being part of the Lane Plan 997 Tying between Leader Lane and Ferguson Street and Victoria Avenue and Acheson Avenue. A by -law to authorize the execution of an Offer to Purchase from Marcel LeBlanc respecting the purchase of lands being Part 2 on the Plan attached located between May Avenue. 2004 -29 A by -law to authorize the execution of an Offer to Purchase from Wendy Carol Van Camp respecting the purchase of lands being Part 4 on the Plan attached located between May Avenue. 2004 -30 A by -law to authorize the execution of an Offer to Purchase from Gary Edward Stachura and Wendy Carol Van Camp respecting the purchase of lands being part 3 on the Plan attached located between May Avenue. 2004 -31 A by -law to authorize the execution of an Offer to Purchase from Katharine Brideau respecting the purchase of lands being Part 1 on the Plan attached, located between May Avenue. 2004 -32 A by -law to authorize the execution of an Offer to Purchase from Victor Sydney Harris and Rowena Georgett Harris respecting the purchase of lands being Part 5 on Reference Plan 59R -12258 being part of the Lane Plan 997 lying between Leader Lane and Ferguson Street and Victoria Avenue and Acheson Avenue. 2004 -14 A by -law to amend By -law No. 79 -200, as amended by By -law No. 2002 -201, with respect to the permitted use and location of adult entertainment parlours in the City of Niagara Falls. (Re: AM- 21/2002) 2004 -33 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Speed Limits on Highway Part 2 60km /hr, Speed Limits on Highway Part 4 80 km /hr) 2004 -34 A by -law to amend By -law No. 79 -200, to permit a vacant land condominium development of 6 semi detached dwellings and 1 one family detached dwelling. 2004 -35 A by -law to amend By -law 2003 -17, being a by -law to establish a Committee of the Council to hear certain matters involving applications for licences for adult entertainment parlours, body -rub parlours and adult stores. 2004 -36 A by -law to establish Part 2 on Reference Plan 59R -12133 as a public highway, to be known as and to form part of Willoughby Drive. 2004 -37 A by -law to authorize monies for General Purposes (February 2, 2004) 2004 -38 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 2nd day of February, 2004. The motion Carried with Alderman Wing abstaining from the vote on By -law No. 2004 -37 on a conflict of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that the following by -laws be now read a second and third time: 2004 -26 2004 -27 2004 -28 2004 -29 2004 -30 2004 -31 2004 -32 2004 -14 2004 -33 2004 -34 2004 -35 2004 -36 -7- February 2, 2004 Council Minutes 2004 25 A by -law to authorize the execution of an Offer to Purchase from Douglas Gaylor respecting the purchase of lands being parts 4 and 6 on Reference Plan 59R -12258 being part of the Lane Plan 997 lying between Leader Lane and Ferguson Street and Victoria Avenue and Acheson Avenue. A by -law to authorize the execution of an Offer to Purchase from Darell Brunke and Margaret Brunke respecting the purchase of lands being parts 1 and 2 on Reference Plan 59R -12258 being part of the Lane Plan 997 lying between Leader Lane and Ferguson Street and Victoria Avenue and Acheson Avenue. A by -law to authorize the execution of an Offer to Purchase from Suat Ali Yardimci respecting the purchase of lands being Part 3 on Reference Plan 59R -12258 being part of the Lane Plan 997 lying between Leader Lane and Ferguson Street and Victoria Avenue and Acheson Avenue. A by -law to authorize the execution of an Offer to Purchase from Marcel LeBlanc respecting the purchase of lands being Part 2 on the Plan attached located between May Avenue. A by -law to authorize the execution of an Offer to Purchase from Wendy Carol Van Camp respecting the purchase of lands being Part 4 on the Plan attached located between May Avenue. A by -law to authorize the execution of an Offer to Purchase from Gary Edward Stachura and Wendy Carol Van Camp respecting the purchase of lands being part 3 on the Plan attached located between May Avenue. A by -law to authorize the execution of an Offer to Purchase from Katharine Brideau respecting the purchase of lands being Part 1 on the Plan attached, located between May Avenue. A by -law to authorize the execution of an Offer to Purchase from Victor Sydney Harris and Rowena Georgett Harris respecting the purchase of lands being Part 5 on Reference Plan 59R -12258 being part of the Lane Plan 997 lying between Leader Lane and Ferguson Street and Victoria Avenue and Acheson Avenue. A by -law to amend By -law No. 79 -200, as amended by By -law No. 2002 -201, with respect to the permitted use and location of adult entertainment parlours in the City of Niagara Falls. (Re: AM- 21/2002) A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Speed Limits on Highway Part 2 60km /hr, Speed Limits on Highway Part 4 80 km /hr) A by -law to amend By -law No. 79 -200, to permit a vacant land condominium development of 6 semi detached dwellings and 1 one family detached dwelling. A by -law to amend By -law 2003 -17, being a by -law to establish a Committee of the Council to hear certain matters involving applications for licences for adult entertainment parlours, body -rub parlours and adult stores. A by -law to establish Part 2 on Reference Plan 59R -12133 as a public highway, to be known as and to form part of Willoughby Drive. 2004 A by -law to authorize monies for General Purposes (February 2, 2004) -8- 2004 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 2n day of February, 2004. The motion Carried with Alderman Wing abstaining from the vote on By -law No. 2004 -37 on a conflict of interest previously noted and with all others voting in favour. Hospital Site Alderman Carolynn loannoni referred to a recent article regarding area doctors' concerns about the proposed site of the new Regional hospital and how it should be better located. Mayor Salci advised that the Region was going ahead with their plans to locate the new hospital facility on the north side of St. Catharines and that the doctors would be making a presentation to the Joint Committee of the Niagara Health Services with their concerns. Get Well Wishes NEW BUSINESS Price Gouging Alderman Carolynn loannoni referred to an article in the Toronto Star criticizing the costs in Niagara Falls during a recent Tory convention and suggested that the matter be discussed during the Annual General meeting of the various members of the tourist industry. Snow Removal Around Fire Hydrants Alderman Wayne Campbell enquired as to who was responsible for providing access to fire hydrants after a snow storm. The Director of Municipal Works provided clarification on the matter. February 2.2004 Council Minutes Congratulations His Worship Mayor Salci congratulated Aldermen Diodati and Pietrangelo in their quest for a Liberal nomination. Letter of Condolence ORDERED on the motion of Alderman loannoni, seconded by Alderman Diodati, that a letter of condolence be forwarded to the family of the late James, "J.J" Zarafonitis, a well known hotelier in Niagara Falls and well- respected citizen of the community. Carried Unanimously. Alderman Jim Diodati extended get well wishes to Mr. Buddy Lowe for a speedy recovery. Trivia Night READ AND ADOPTED, Alderman Jim Diodati advised that a "Trivia Night' was being held at Our Lady of Scapular Parish Hall on February 14, 2004 from 7:00 p.m. to 10 p.m. and extended an invitation for everyone to attend. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that the meeting be adjourned. Carried Unanimously. 7 4101/4)-- JCL:— DEAN IORFI )A, C CLERK R. T. (TED) SALCI, MAYOR February 2, 2004 Council Minutes T