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2004/09/20NINETEENTH MEETING PLANNING MEETING Council Chambers September 20, 2004 Council met on Monday, September 20, 2004 at 7:15 p.m. for the purpose of considering Planning /Regular Business matters. All members of Council, with the exception of Aldermen loannoni and Wing, were present. Alderman Selina Volpatti offered the Opening Prayer. Alzheimer Society of Niagara Region DISCLOSURES OF PECUNIARY INTEREST Alderman Campbell indicated a pecuniary interest on Communication Nos. 167a and 167b), because he resides in the vicinity of the Armoury. Aldermen Diodati and Pietrangelo and Mayor Salci indicated conflicts of interest on By -law No. 2004 -176 because they are members of Club Italia. Alderman Volpatti indicated a conflict of interest on the same by -law because a member of her family is a member of Club Italia. Alderman Morocco indicated a pecuniary interest on Report No. F- 2004 -53. Cheque No. 286268, because a member of her family is the recipient; and on Cheque No.286544 because it is her contract place of employment. Alderman Pietrangelo indicated a conflict of interest on Communication No. 166 because the Niagara Catholic District School Board is his employer. Mayor Salci indicated a pecuniary interest on Report F- 2004 -53, Cheque No. 286560, because he is the recipient. Community Centre Cheque Presentation DEPUTATIONS Dr. Ian Brown, of the Community Centre Capital Campaign presented a cheque to the City in the amount of $250,000 as part of the first payment from the fundraising campaign. His Worship Mayor Salci expressed his appreciation to Dr. Brown and to the Community Centre Capital Fundraising Campaign committee. Ms. Teena Kindt, Director of Development, Alzheimer Society of Niagara Region, provided information on the Alzheimer Society's Coffee Break Fundraising Initiative; and presented Mayor Salci with a "Coffee Break" Package. His Worship Mayor Salci advised that the City would be holding a Coffee Break on Tuesday, September 28, 2004 at 10 o'clock in Committee Room #1 and invited all staff to attend. City of Niagara Falls Environment Awards Office of the Fire Marshall Inter Municipal Specialized Transit Services PLANNING MATTERS September 20, 2004 Council Minutes His Worship Mayor Salci and Alderman Selina Volpatti, congratulated and presented The City of Niagara Falls Environment Award to Jayson Goodale, Friends of the Good Forest and to David Petheram, D R Lawn Services, for their significant contribution toward beautification and to the protection or enhancement of the City's environment. Mr. David Crowe, Regional Fire Protection Advisor Supervisor, Office of the Fire Marshall (OFM) presented the Certificate of Compliance, dated July 2, 2004 to His Worship Mayor Salci and the City, in acknowledgment of the City meeting the minimum standards public education and fire prevention under the Fire Protection and Prevention Act. Mr. John Barr, Project Consultant and Mr. Eric L. Flora, Transportation Engineer, Regional Niagara, provided an overview of the Inter Municipal Specialized Transit Services proposal, advised that under the Municipal Act, transit services were the responsibility of the local municipalities and that the only way the Region could provide transit services between municipalities, was to obtain a triple majority: support from Regional Council and support from the majority of local municipalities within Niagara Region that make up more than 50% of the Region's population. Mr. Barr indicated that what was being proposed was a Region -wide specialized transit for persons with disabilities and transportation disadvantaged. He outlined the work done to date, the benefits to Niagara Falls and the costs involved. He requested Council's support for and endorsement of Regional By -law 64 -2004, which would permit the Region to finance and coordinate the provision of inter municipal specialized transit services. Ms. Sandy Bird, a member of the Mayor's Disability Advisory Committee and the Regional Accessibility Committee expressed support for this much needed service and outlined the difficulties in obtaining transportation to medical appointments etc. Following the presentation, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that Council adopt a resolution giving their consent to permit the Regional Municipality of Niagara to finance and co- ordinate the provision of the specialized services between the local municipalities within Niagara. Carried Unanimously. PD- 2004 -90 Chief Administrative Officer Re: Zoning By -law Amendment Application: AM- 44/2003, Surface Commercial Parking Lots. The report recommends that Council again defer consideration of the matter in order to allow staff to continue to work with interested local stakeholders to deal with issues raised in relation to this matter. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the matter be deferred. Carried Unanimously. September 20. 2004 Council Minutes PD- 2004 -81 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 26/2004, 5781 Ellen Avenue 5198 Magdalen Street; Applicant: 1174757 Ontario Inc., Agent: Emilio Raimondo, Architect; Proposed Dinner Theatre /Restaurant and Hotel. The report recommends that Council approve the requested Zoning by -law amendment to provide space for meeting rooms for a proposed hotel at 5198 Magdalen Street within a proposed dinner theatre /restaurant at 5781 Ellen Avenue, conditional upon the occupancy of the dinner theatre /restaurant being limited to 610 persons. -AND Communication No. 153 Regional Municipality of Niagara, Planning Development Department. The communication advises as not being opposed to the adoption of the proposed zoning amendment. Alderman Campbell vacated Council Chambers. The City Clerk advised that a public meeting was being convened to consider a proposed amendment to the City's Zoning By -law to permit meeting rooms for a proposed dinner theatre /restaurant and hotel. He further advised that the Notice of the Public Meeting had been given by First Class mail, in accordance with the Planning Act on August 20, 2004 and by posting a sign on the property in question. He informed that anyone wishing to receive notice of the passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, should leave their names on the sign -in sheets outside the Council Chambers. The Director of Planning and Development discussed the subject property through the use of posted sketches and reviewed the background report. He advised that the application deals with two parcels of land which will be used for a hotel and dinner theatre. He stated that under the City's zoning by -law a hotel requires meeting rooms, and that the applicant was proposing that the meeting rooms be located in the dinner theatre property. He further advised that a 10 -foot increase in building height was also being requested. The Director of Planning and Development referred to the required road widenings, which would cause a reduction in the amount of parking to be provided and, thereby, reduce the number of patrons on the site. He advised that staff had met with the architect and a reconfiguration of parking spots had occurred and that there was an ability to improve the number of seating capacity based on parking requirements. He stated that staff were now recommending not to have the condition of limiting the occupation of restaurant and theatre to 610 persons but that the matter remain open, to be determined by a possible parking demand study to be done after opening. His Worship Mayor Salci 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 Salci's request for comments. Mr. Emilio Raimondo, advised that his client was prepared to turn over the required road widenings on McGrail and Ellen Avenue; he indicated that the traffic department was willing to forgo the request of road widening along Magdalen Street as well as the need for a traffic study. -4- He indicated that since parking was a key issue in determining the building's occupant load, his client was willing to adopt the present by -law, subject to staffs review of the parking lot configuration and count. He stated that the applicant has been able to comply to the parking requirements and has been able to increase the occupant load to 690 persons and increase the parking to 170 spaces. He advised that his client may wish to commission a parking needs and analysis study after the theatre has opened. The Director of Planning and Development indicated that the occupancy load would be determined by the number of parking spaces that can be accommodated on the site. Since no further comments were forthcoming, Mayor Salci declared the Public Meeting with regard to AM- 26/2004 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the recommendations in the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the correspondence be received and filed. Carried Unanimously. Alderman Campbell returned to Council Chambers. September 20, 2004 Council Minutes PD- 2004 -83 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 37/2004, 6671 Fallsview Boulevard; Applicant: Zeljko Holdings Ltd., Agent: Dennis Savriga; Request to Reduce Parking Requirements for a Restaurant. The report recommends that Council approve the requested Zoning By -law amendment to reduce the parking standards for a restaurant located at 6671 Fallsview Boulevard conditional on the completion of a parking demand analysis to the satisfaction of Municipal Works. -AND Communication No. 154 Regional Niagara, Planning Development Department. The communication advises as not being opposed to this application provided the City is satisfied that the existing 23 parking spaces will meet the needs of the expanded restaurant and that such a reduction in parking is consistent with the City's strategy for parking in the Central Tourism District. The City Clerk advised that a public meeting was being convened to consider a proposed amendment to the City's Zoning By -law to reduce the parking standards for a restaurant at 6671 Fallsview Boulevard. He further advised that the Notice of the Public Meeting had been given by First Class mail, in accordance with the Planning Act on August 20, 2004 and by posting a sign on the property in question. He informed that anyone wishing to receive notice of the passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, should leave their names on the sign -in sheets outside the Council Chambers. The Director of Planning and Development discussed the subject property, through the use of posted sketches and reviewed the recommendation report. He advised that the application was for a reduction in parking requirements. He commented that the City's Official Plan requires that full and sufficient parking be provided for all developments and that parking should be provided on site; he further stated that the City's Official Plan also provided for some relief of parking requirements, if a parking demand study is undertaken, as was done with this application. -5- September 20, 2004 Council Minutes The parking demand study that was undertaken indicated that 50% of the patrons would travel by means other than a car, and therefore, 50% of the parking requirements would be alleviated. The Director of Planning and Development advised that staff were recommending approval of the variance for the parking, provided that the parking demand analysis was satisfactorily completed. His Worship Mayor Salci 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 Salci's request for comments. Mr. Dennis Savriga, on behalf of the applicant, requested that Council vary the parking requirements for an existing restaurant based on the findings of two parking demand surveys. He advised that the applicant has provided staff parking at a nearby lot at Dixon and Cleveland. Since no further comments were forthcoming, Mayor Salci declared the Public Meeting with regard to AM- 37/2004 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that the report be received and adopted. The motion Carried with Alderman Morocco voting contrary to the motion and with all others voting in favour. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that the correspondence be received and filed. Carried Unanimously. PD- 2004 -89 Chief Administrative Office Re: Public Meeting; Futino Estates Draft Plan of Subdivision; File: 26T -11- 2004 -05; Garner Road (East Side), South of the German Village; Owner: Evergreen Estates Development Ltd. The report recommends that Council consider input received at the Public Meeting and refer all matters to staff for review of the Futino Estates Draft Plan of Subdivision. The City Clerk advised that Notice of the Public Meeting had been given by First Class mail, in accordance with the Planning Act on September 3, 2004. He informed that anyone wishing to participate in the site plan process, if applicable, should leave their names on the sign -in sheets outside the Council Chambers. His Worship Mayor Salci advised that the purpose of the public meeting was to receive information and to provide an opportunity for the public to comment on the proposed subdivision. He indicated that there would be no decision made with respect to approval of the subdivision at this evening's meeting, but that Planning staff would consider all comments received and prepare a recommendation report to Council at a future Council meeting. His Worship Mayor Salci advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. Mr. Rocco Vacca, Solicitor, who was in attendance on behalf of the applicant, indicated that this application was an example of a residential infill -type of subdivision and that the 5.85 acre site was to be divided into 23 large executive -type of lots. He stated that due to the relatively small size of the subdivision, it was not appropriate to have a mix of different housing types. He requested a favourable consideration of the application. There was a positive response to Mayor Salci's request for comments. -6- September 20, 2004 Council Minutes Mr. Joe Morandin, 4107 Kalar Road, expressed flooding concerns in the area of the Kalar Pumping station. In response to questions raised, the Director of Municipal Works advised that this development was not tributary to the Kalar Road pumping station. Mr. Gary Meyer, V.P. Niagara German Canadian Club (German Village), enquired who would be responsible for the provision of fencing around their soccer field. The Director of Planning and Development responded that fencing requirements are usually dealt with townhouse and apartment projects. He indicated that there was a subdivision agreement that needed to be entered into and that the matter of fencing could be brought up with the developer for discussion purposes. Since no further comments were forthcoming, Mayor Salci declared the Public Meeting with regard to the Futino Estates Draft Plan of Subdivision closed. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Morocco, to refer all the comments to staff for review. Carried Unanimously. PD- 2004 -88 Chief Administrative Officer Public Meeting; Garner Village Draft Plan of Subdivision; File: 26T -11- 2004 -04; East Side of Garner Road, North of McLeod Road; Owner: 456941 Ontario Ltd. The report recommends that Council consider input received at the Public Meeting and refer all matters to staff for review of the Garner Village Draft Plan of Subdivision. AND Communication No. 155 Michael Clark, 6835 Parkside Road. The communication expresses opposition to the proposed townhomes and semi detached homes in the area. AND Communication No. 156 Jad Marian Narbutt, 6809 Parkside Road. The communication advises as expressing their strong objection to the proposed Garner Village application. Communication No. 157 Correspondence from Tony Esther Monks, 6943 Parkside Road. The communication advises as being opposed to the rezoning The City Clerk advised that the Notice of the Public Meeting had been given by First Class mail, in accordance with the Planning Act on September 3, 2004 and by posting a sign on the property in question. His Worship Mayor Salci advised that the purpose of the public meeting was to receive information and to provide an opportunity for the public to comment on the proposed subdivision. He indicated that there would be no decision made with respect to approval of the subdivision at this evening's meeting, but that Planning staff would consider all comments received and prepare a recommendation report to Council at a future Council meeting. His Worship Mayor Salci further 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 positive response to Mayor Salci's request for comments. -7- September 20, 2004 Council Minutes Mr. Hugh Thompson, Silvestri Investments advised that the applicant was proposing to subdivide a 15.105 acre site into 18 semi detached dwellings and 60 units of on- street townhouses approximately 25 feet in width. He expressed the view that this type of development would be appropriate for this location. Mr. Thompson acknowledged the concerns of area residents and expressed the view that there may be some flexibility in what was being proposed. The Director of Planning and Development advised that planning policies encourage a compatible mix of dwelling types, the provision of potentially affordable housing and increased densities in keeping with Smart Growth principles. Mr. Michael Clark, 6835 Parkside Road; Mr. Alex Imre, 7079 Parkside Road; Mr. Steve Small, 8424 McGarry Drive; Mr. Jason Putman and Mr. Adam Moore, 7202 Kelly Drive expressed their strong opposition to the proposed townhouse development. Since no further comments were forthcoming, Mayor Salci declared the Public Meeting with regard to Garner Village Draft Plan of Subdivision closed. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, to refer all comments to staff for review. Carried Unanimously. PD- 2004 -84- Chief Administrative Officer Re: Proposals to Expand Buildings Located on the Sodom Road and Oliver Street Road Allowances. The report recommends that Council not support the request to authorize amendment applications for the road ends of the Sodom Road and Oliver Street road allowances. -AND Communication No. 158 Various correspondences from Mrs. Peggy Erwin. AND Communication No. 159 Ministry of Natural Resources. The communication provides clarification on the MNR's position with respect to the proposed addition and whether it will have a negative impact on the function of this wetland. AND Communication No. 160 Regional Niagara, Planning and DevelopmentDepartment. The communication provides clarification with respect to Regional Niagara's position regarding a proposed addition to an existing dwelling at Sodom Road at Main Street (Chippawa). Mrs. Peggy Erwin, 4351 Southerland Court, addressed Council regarding building an addition to an existing cottage, which she wishes to convert into a more permanent residence. She requested Council's approval to allow her to apply for a re- zoning on the property. Following some discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that staff follow up with Mr. Ralph Terrio or his agent, who were not present at the Council meeting, and his matter contained in the report be deferred. Carried Unanimously. Following further discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that Council support the request to authorize amendment applications for the Sodom Road street end and Oliver Street Road Allowances and further, that staff look into a public easement and lease agreement for the purpose of a possible recreational trail. Carried Unanimously. -8- Alderman Pietrangelo vacated Council Chambers. Letters of Condolence PD- 2004 -82 Chief Administrative Officer Re: Proposed Pedestrian Bridge Crossing of Fallsview Boulevard, South of Murray Street. The report recommends that in accordance with article 3.03 of the Pedestrian Bridge Agreement between 577793 Ontario Inc., 876891 Ontario Limited, 1140464 Ontario Inc. And the City of Niagara Falls, it is recommended that: 1) Council approve the aesthetics and design of the proposed Pedestrian Walkway Bridge over Fallsview Boulevard, as illustrated in this report; 2) That the other parties to the said agreement be so notified. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. REGULAR COUNCIL MEETING ADOPTION OF MINUTES September 20, 2004 Council Minutes MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS Council Chambers September 20, 2004 ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the minutes of the Planning /Regular Council meeting of August 16, 2004 be approved as printed. Carried Unanimously. His Worship Mayor Salci advised that letters of condolence had been forwarded to the following: The family of the late Leo Kitney, father of Karen Kitney, Executive Assistant to the Chief Administrative Officer. The family of the late Justin Brown, a 16 year -old who had lost his courageous battle with cancer. Mayor Salci acknowledged Alderman Wayne Campbell for his participation in the recent Terry Fox run. Mayor Salci referred to the Special Olympics, Steel Challenge event, the Nova House Golf Tournament, the Parade of the Unknown Soldier and the Battle of Britain event. -9- COMMUNICATIONS September 20, 2004 Council Minutes Communication No. 161 The Royal Canadian Legion, Branches 51, 396 and 479 Re: Proclamation. The communication requests that the week of September 19 to September 25 2004 be proclaimed as "Legion Week ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that the request be approved. Carried Unanimously. Communication No. 162 Minister of Citizenship and Immigration Re: Proclamation. The communication requests that the week of October 18 to October 24 2004 be proclaimed as "Citizenship Week ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that the request be approved. Carried Unanimously. Communication No. 163 Joanne McKinley Molodynia, Chairperson, Man -A -Mile Committee Re: Annual Man -A -Mile Relay Race. The communication advises that the Man -A -Mile Relay Race will be held on Monday, October 11, 2004 at 9 a.m. at McFarland Park and requesting the use of Municipal roads for this event; and further requesting that the Mayor or his representative be present for the award presentations at Oakes Park. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that the requests be approved subject to established policy. Carried Unanimously. Communication No. 164 Stamford Diagnostic Ultrasound Inc. Re: Application to expand licence. The communication requests support for their application to expand their licence through the Ministry of Health. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that a resolution of support be forwarded to the Ministry of Health and the Niagara District Health System indicating that this service is needed in our community. Carried Unanimously. Communication No. 165 Dennis Bowers, Campaign Chair of the United Way of Niagara Falls Re: United Way flag. The communication requests that the United Way flag be flown at City hall during their fundraising campaign. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the request be approved. Carried Unanimously. Communication No. 166a) Joseph A. Dennis, Capital Projects Coordinator of St. Vincent de Paul Re: Request for Crossing Guards. The communication requests crossing guards at the Thorold Stone Road and Kalar Road intersection. AND Communication No. 166b Memorandum from the City Clerk. That Council formalize the approval of a recent phone /e -mail poll so that the action is reflected in the minutes. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, to approve the action of a recent phone /email poll for a request for crossing guards at Thorold Stone Road Kalar Road intersection. The motion Carried with Alderman Pietrangelo abstaining from the vote on a conflict of interest and with all others voting in favour. Communication No. 167a) -Bryan Smylski, Director /Curator, Niagara Falls ArtGallery Re: Corporate documentation; AND Communication No. 167b) John Burtniak, President, Lundy's Lane Historical Society Re: Niagara Falls Armoury. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the communications be referred to the ad hoc committee reporting on the potential future uses of the Armoury building. The motion Carried with Alderman Campbell abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. -10- REPORTS September 20, 2004 Council Minutes Communication No. 168 City Boxing Club Re: Their need of a new location. On the motion of Alderman Volpatti, seconded by Alderman Morocco, that Mrs. Boone be permitted to address Council. Carried Unanimously. Mrs. Boone provided information as to the reasons why the City Boxing Club was in need of a new location and requested the City's assistance in that regard. Following the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the matter be referred to staff. Carried Unanimously. RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that the actions taken in Corporate Services Committee, earlier this evening be approved: 1. That Report CPS 2004 -03, 2005 General Purposes Budget Discussion be received for information; 2. That Report CPS 2004 -04, 2005 -2009 Capital Projects Budget Discussion be received for information; 3. That Report CPS 2004 -05, 2005 Municipal Utility Budget Discussion be received for information; 4. That a letter from a member of the Library Board be referred to staff. Carried Unanimously. RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the actions taken in Community Services Committee, earlier this evening, be approved: 1. Adoption of the August 16, 2004 Community Services Committee minutes; 2. That the City proceed with the EA on Dorchester Road and that staff provide support to Mr. Capitano regarding his concerns; 3. That Spicoli's Pizza Cafe lease be extended on a month to month basis with 48- hour cancellation and that permit parking be established in the area; 4. Flooding event of September 9' 2004 that the Director of Municipal Works report back as soon as possible with Regional information and a recommended strategy; 5. Report BDD- 2004 -01 Micron Sign, Stanley Avenue Business Park Directory Sign that Micron submit, in writing, an application for a sign permit which would allow their business sign to be affixed to the City's Stanley Avenue Business Park Directory Sign at the corner of Progress Street and Stanley Avenue; and that Micron's request be forwarded to the Stanley Avenue Business Park Association for consideration and comments at its next meeting, scheduled to be held on September 29` 2004; 6. That Report BBS- 2004 -06 regarding 6513 Monroe Street be received and filed; September 20, 2004 Council Minutes 7. That Report MW- 2004 -134 regarding Kitchener Street at Victoria Avenue be received for the information of Council; 8. Report MW- 2004 -135 -that a stop sign be installed facing northbound motorists on Francesco Avenue at the intersection of Francesco Avenue and Costible Drive; 9. Report MW- 2004 -137 that staff be authorized to enter into a development agreement for the reconstruction of a portion of Leader Lane; '10. R- 2004 -56 Community Centre Operations and Services Committee that Alderman Pietrangelo be appointed as Chair of the Operations and Services Committee and the balance of the report be deferred; 11. R- 2004 -57 Tree By-law Affecting Municipal Lands that Council approve the Tree By -law dealing with trees on municipal property and that an educational program be launched to raise awareness of the by -law; 12. R- 2004 -58 Status of the 2004 Beautification Projects that Council receive and file the report; 13. R- 2004 -60 Patrick Cummings Memorial Sports Complex, 2005 Capital Budget for Phase 2 that approval in the additional amount of $100,000, be authorized in order to complete Phase 1 additional slo -pitch diamonds at the Patrick Cummings Memorial Sports Complex in the fall of 2004; 14. R- 2004 -52 Armoury that an ad hoc committee consisting of Aldermen Kerrio, Wing and Diodati and the Niagara Falls Museum Board be established to review and recommend the future use of the Armoury Building. Carried See By -law No. 2004 -173 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 Morocco, seconded by Alderman Volpatti, that Report CPS 2004 -02, Non Union Contract to Permanent Positions be dealt with separately. Following some discussion, it was ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that Council approve the addition of three Non Union positions to the Corporate complement. The motion Carried with Alderman Morocco voting contrary to the motion and with all others voting in favour. ORDERED on the motion of Alderman Campbell, seconded by Alderman Kerrio, that the balance of the reports on the Consent Agenda be approved. 1. F- 2004 -53, Municipal Accounts that Council approve the municipal accounts totalling $7,506,632.26 for the period August 17, 2004 to September 7, 2004; 2. F- 2004 -54, Municipal Performance Measurement Program that the report be received for the information of City Council and that the information be posted to the City's internet site no later than September 30, 2004; -12- September 20, 2004 Council Minutes 3. FS- 2004 -15, Bunker Gear Purchase that Council approve the purchase fo 24 sets of firefighter safety clothing from M &L Supply Fire Equipment, in the amount of $1,620.95 plus taxes each (Total $38,902.80 plus taxes); 4. FS- 2004 -16, Fire Station #1 Addition that Council award Proposal P32 -2004 Architectural Services, Addition to Fire Station #1, 5809 Morrison Street to Piraino Raimondo Associate Architects Inc. of Niagara Falls, Ontario for the tender amount of $47,500 including all disbursements, taxes extra; 5. MW- 2004 -142 Revisions to the Road Occupancy Permit Fee Schedule that the Road Occupancy permit Fee Schedule be revised to include a yearly maintenance permit at a cost of $300.00; 6. MW- 2004 -141, Appointment of a Consultant for the Rail Grade Separation Environmental Assessment that the City of Niagara Falls enter into a Consulting Services Agreement with Matrix Innovations Inc. for Railway Grade Separation Environmental Assessment for the upset limit of $92,580 plus GST; 7. MW- 2004 -88, Quotation #21 -04, Demolition, 5401 Ferry Street that the second tender from Triple -M- Demolition for the tendered amount of $26,482.00 be awarded and that the financing of this project from the Development Charges Reserve Fund, be approved; 8. MW- 2004 -143, Tender #22 -2004, Tires, Tubes Repair Service that the tender for Fires, Tubes Repair Service be awarded to the low bidder as follows: Niagara Battery Tire, Niagara Falls, Ontario for the tendered price of $76,854.04; 9. MW- 2004 -144, Tender #23 -2004, New Equipment Purchase that Tenders for the purchase of new equipment be awarded to the following bidders: 1) David Chev -Olds, Welland, Ontario for Section 1 one (1) Rear Wheel Drive Mini -Van in the amount of $26,447.70; 2) Section 2 one (1) 10,000 Ib. G.V.W. Single Axle Regular Cab with Contractors Box Hoist in the amount of $51,016.30; and 3) Section 4 10,000 G.V.W. Single Axle Crew Cabs with Contractors Box and Hoist in the amount of $112,212.40 and 4) Performance Chrysler, St. Catharines, Ontario for Section 5 three (3) Gasoline Fueled Pickup Trucks in the amount of $71,732.40; 10. PD- 2004 -86, Matters Arising Municipal Heritage Committee Meeting; 3174 St. Patrick Avenue that Council approve, in principle, a grant for the restoration of the stone foundation at 3174 St. Patrick Avenue having an estimated value of $1,558.00; 11. PD- 2004 -87, A growth Plan for the Greater Golden Horseshoe; Discussion Paper "Places to Grow: Better Choices, Brighter Future Ministry of Public Infrastructure Renewal that the report be received for information purposes; 12. CD- 2004 -20, Special Occasion Permit, Summer Trillium Awards that Council indicate it has no objection to the issuance of a Special Occasion Permit to the organization listed in this report; 13. R- 2004 -61, Niagara Falls Centennial Book that the proposal from Maracle Press Ltd. for the printing of 3000 copies of the Niagara Falls Centennial History Book in the amount of $52,450.33 including taxes be approved. RESOLUTIONS Carried See By -law No. 2004 -179 NO. 18 VOLPATTI MOROCCO THEREFORE BE IT RESOLVED THAT the Corporation of the City of Niagara Falls agrees to enter into an agreement with the Regional Municipality of Niagara for the Northwest Sector Servicing Extension Project. AND the Seal of the Corporation be hereto affixed. Carried Unanimously -13- BY -LAWS September 20, 2004 Council Minutes NO. 19 VOLPATTI THEREFORE BE IT RESOLVED THAT the Corporation of the City of Niagara Falls agrees to enter into an agreement with the Regional Municipality of Niagara for the Stanley Avenue Storm Sewer and Drop Shaft Connection Project. AND the Seal of the Corporation be hereto affixed. Carried Unanimously ORDERED on the motion of Alderman Kerrio, seconded by Alderman Morocco, that leave be granted to introduce the By -laws and the By -laws be read a first time: 2004 -163 A by -law to amend By -law No. 79 -200, to permit a warehouse to have a retail store and a museum as accessory uses on the east side of Kinsmen Court. (Re: AM- 31/2004, Falls Wholesale Ltd.) 2004 -164 A by -law to provide for appointments to certain Boards, Commissions and Committees. 2004 -165 A by -law to provide for Aldermanic appointments to certain Boards, Commissions and Committees. 2004 -166 A by -law to amend By -law 2004 -119, being a by -law to provide for citizen appointments to certain Boards, Commissions and Committees. 2004 -167 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. 2004 -168 A by -law to amend By -law No. 395, 1966, to permit the establishment of restaurants and retail stores within an existing building. (Re: AM- 35/2002, Steve Rizvic) 2004 -169 A by -law to establish Part 7 on Reference Plan 59R -12454 as a public highway, to be known as and to form part of Riall Street. 2004 -170 A by -law to authorize the execution of an Offer to Purchase from Yvon Octave Joseph Desrosiers Margaret Desrosiers to the Corporation of the City of Niagara Falls respecting lands being part of Brock Street, Plan 338 being Part 1 on 59R -12450 2004 -171 A by -law to authorize the execution of an Offer to Purchase from Robert L. Randall Deborah M. Randall to the Corporation of the City of Niagara Falls respecting lands being part of Brock Street, Plan 338 being Part 3 on 59R- 12450. .2004 -172 A by -law to authorize the execution of an Offer to Purchase from Clive Valentine Margaret Valentine to the Corporation of the City of Niagara Falls respecting lands being part of Brock Street, Plan 338 being Part 2 on 59R- 12450. 2004 -173 A by -law to prohibit or regulate the destruction, injury planting of trees on municipal property within the City of Niagara Falls. 2004 -174 A by -law to authorize the execution of a Consent to be submitted to amend the register to partially release restrictive covenants contained in Instrument Number LT44685Z. -14- September 20, 2004 Council Minutes 2004 -175 A by -law to authorize the execution of a Funding Agreement for Projects related to Infrastructure improvement respecting the construction of a new storm sewer on Stanley Avenue between Highway 420 Main Street and an outlet to the existing Ontario Hydro tunnel via existing drop shaft and the installation of a storm sewer across Highway 420. 2004 -176 A by -law to authorize the execution of a Funding Agreement for Infrastructure Projects respecting ongoing servicing problems at both Club Italia and Regency Motel requiring extension of municipal services for these properties. 2004 -177 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. 2004 -178 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited, Stopping Prohibited, Parking Meter Zones) 2004 -179 A by -law to authorize monies for General Purposes (September 20, 2004). 2004 -180 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 20` day of September, 2004. The motion Carried with Aldermen Pietrangelo, Diodati and Volpatti abstaining from the vote on By -law No. 2004 -176 on conflicts of interest previously noted; and Alderman Morocco abstained from the vote on By -law No. 2004 -179 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Morocco, seconded by Alderman Kerrio, that the By -laws be now read a second and third time: 2004 -163 A by -law to amend By -law No. 79 -200, to permit a warehouse to have a retail store and a museum as accessory uses on the east side of Kinsmen Court (Re: AM- 31/2004, Falls Wholesale Ltd.) 2004 -164 A by -law to provide for appointments to certain Boards, Commissions and Committees. 2004 -165 A by -law to provide for Aldermanic appointments to certain Boards, Commissions and Committees. 2004 -166 A by -law to amend By -law 2004 -119, being a by -law to provide for citizen appointments to certain Boards, Commissions and Committees. 2004 -167 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. 2004 -168 A by -law to amend By -law No. 395, 1966, to permit the establishment of restaurants and retail stores within an existing building (Re: AM- 35/2002, Steve Rizvic). 2004 -169 A by -law to establish Part 7 on Reference Plan 59R -12454 as a public highway, to be known as and to form part of Riall Street. -15- September 20, 2004 Council Minutes 2004 -170 A by -law to authorize the execution of an Offer to Purchase from Yvon Octave Joseph Desrosiers Margaret Desrosiers to the Corporation of the City of Niagara Falls respecting lands being part of Brock Street, Plan 338 being Part 1 on 59R -12450 2004 -171 A by -law to authorize the execution of an Offer to Purchase from Robert L. Randall Deborah M. Randall to the Corporation of the City of Niagara Falls respecting lands being part of Brock Street, Plan 338 being Part 3 on 59R- 12450. .2004 -172 A by -law to authorize the execution of an Offer to Purchase from Clive Valentine Margaret Valentine to the Corporation of the City of Niagara Falls respecting lands being part of Brock Street, Plan 338 being Part 2 on 59R- 12450. 2004 -173 A by -law to prohibit or regulate the destruction, injury planting of trees on municipal property within the City of Niagara Falls. 2004 -174 A by -law to authorize the execution of a Consent to be submitted to amend the register to partially release restrictive covenants contained in Instrument Number LT44685Z. 2004 -175 A by -law to authorize the execution of a Funding Agreement for Projects related to Infrastructure improvement respecting the construction of a new storm sewer on Stanley Avenue between Highway 420 Main Street and an outlet to the existing Ontario Hydro tunnel via existing drop shaft and the installation of a storm sewer across Highway 420. 2004 -176 A by -law to authorize the execution of a Funding Agreement for Infrastructure Projects respecting ongoing servicing problems at both Club Italia and Regency Motel requiring extension of municipal services for these properties. 2004 -177 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. (Re: AM- 35/2002) 2004 -178 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited, Stopping Prohibited, Parking Meter Zones) 2004 -179 A by -law to authorize monies for General Purposes (September 20, 2004). 2004 -180 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 20` day of September, 2004. The motion Carried with Aldermen Pietrangelo, Diodati and Volpatti abstaining from the vote on By -law No. 2004 -176 on conflicts of interest previously noted; and Alderman Morocco abstaining from the vote on By -law No. 2004 -179 on a conflict of interest previously noted and with all others voting in favour. NEW BUSINESS City Policy on Drive through Speakers ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that staff investigate the City's policy on drive through speakers. Carried Unanimously. Goodwill Gesture to Peterborough ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the City of Niagara Falls send /donate $8,000 to the City of Peterborough as a goodwill gesture in assisting them during their state of emergency. Carried Unanimously. Council Questionnaire Procedures Bowling Fundraising Event Dangerous Dogs READ AND ADOPTED, -16- Alderman Victor Pietrangelo expressed his views and concerns regarding the matter of Chairing the Community Services Committee. Following some discussion, it was ORDERED on the motion of Alderman Kerrio, seconded by Alderman Campbell, that staff schedule a meeting time and location, in order for members of Council to discuss and complete the Council Questionnaire that was provided by the City Clerk. Carried Unanimously. Alderman Jim Diodati expressed his appreciation to everyone who participated in the bowling fundraising event at Cataract Bowl for Mike Quino, which had raised $7,000.00. September 20, 2004 Council Minutes In response to questions raised with regard to the issue of dangerous dogs, the City Solicitor provided information on the Dog Owners Liability Act. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the meeting be adjourned. Carried Unanimously. 52(CS DEAN IORFI!A, CI CLERK R. T. (TED) SALCI, MAYOR