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2004/11/01TWENTY- SECOND MEETING IN CAMERA SESSION Council met on Monday, November 1, 2004 at 5:45 p.m. in an In Camera Session. All members of Council were present. Alderman Carolynn loannoni presided as Chair. Following consideration of the items presented, the In Camera session rose to report in open session. READ AND ADOPTED, DEAN IO IDA, TY CLERK R. T. (TED) SALCI, MAYOR COUNCIL MEETING Council met on Monday, November 1, 2004 at 7:15 p.m. for the purpose of considering Planning /Regular Business matters. All members of Council were present. Alderman Victor Pietrangelo offered the Opening Prayer. His Worship Mayor Salci acknowledged and welcomed Regional Councillor, Ann Angelone to Council. ADOPTION OF MINUTES ORDERED on the motion of Alderman Campbell, seconded by Alderman Morocco, that the Minutes of the Regular Council meeting of October 18, 2004 be approved as printed. Carried Unanimously. Discussion ensued on the issue of the Niagara Falls Hydro Board not having passed the resolution reducing the compensation of members of the Niagara Falls Hydro Board, as per the direction of Council on March 1, 2004. The Chief Administrative Officer advised that as a result of discussions with the Chair and President of the Niagara Falls Hydro, and with the focus on attempting to ensure that the direction of Council was implemented, the resolutions were passed at the Special meeting of September 13, 2004. Committee Room #2 November 1, 2004 Council Chambers November 1, 2004 DISCLOSURES OF PECUNIARY INTEREST Alderman Campbell indicated a pecuniary interest on Report F- 2004 -58, Cheque No. 287062 because the District School Board of Niagara is his employer. Alderman Morocco indicated a pecuniary interest on Report F- 2004 -58, Cheque Nos. 287247, 287388 and 287389 because the recipient is her spouse. Alderman Pietrangelo indicated a pecuniary interest on Report F- 2004 -58, Cheque No. 287097, because the Niagara Catholic District School Board is his employer. Alderman Wing indicated a pecuniary interest on Report F- 2004 -58, Cheque No. 287401 because she owns property with a Niagara Parks employee. Mr. Rick Gark, Bank of Nova Scotia, presented a new gavel to His Worship Mayor Salci, in recognition of the new Council, new Council Chambers and a new decade for the City. Niagara Concerts DEPUTATIONS November 1, 2004 Council Minutes Mr. John Anstruther and Mr. Bob Staton provided information on Niagara Concert's upcoming season and highlighted the musical tribute to Niagara Falls, Myth Majesty, being held on November 27, 2004 at the Celebration Centre of Kingston College featuring the Niagara Symphony Orchestra with Daniel Swift. PLANNING MATTERS PD- 2004 -91 Chief Administrative Officer Re: Official Plan Zoning By -law Amendment Application; AM- 32/2004 (Revised), 9441 Lundy's Lane; Applicant: Willi Helmut Praxl Agent: Richard Brady, Planner Proposal to permit Estate Wineries within Good General Agricultural Lands. The report recommends the following: 1. That Council approve the application to amend the Official Plan and Zoning By -law to site specifically permit bed and breakfast accommodations with a maximum of six bedrooms, and the establishment of an estate winery at 9441 Lundy's Lane that includes: a restaurant with a maximum occupancy of 100 seats; A retail and hospitality area to a maximum floor area of 80 square metres (860 square feet); that is subject to the following: a) a minimum of 6 hectares (15 acres) is planted as a vineyard and is producing a crop that is sufficient to sustain a winery; b) the wine produced on -site is made from no more than 50% of off -site grapes that were grown within the Niagara Peninsula; c) Site Plan Control; d) no severances of the lands; and 2. That a holding (H) provision be included in the amending zoning by -law that can only be removed once the 6 hectares of grapes are producing a sustainable crop as certified by a viticulturalist or professional agrologist -3- November 1. 2004 Council Minutes -AND Communication No. 181 Ministry of Agriculture Food Re: Praxl Vineyard Property, 9941 Lundy's Lane, September 22, 2004. The communication provides comments from observations of the Praxl vineyard property which is currently in the 3 year growing season. The City Clerk advised that a public meeting was being convened to consider a proposed amendment to the City's Official Plan and zoning by -law to permit estate wineries within Good General Agricultural Lands at 9441 Lundy's Lane. He further advised that the Notice of the Public Meeting had been given by Prepaid First Class mail, in accordance with the Planning Act on July 9, 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 as a result of meetings held with the applicant, the Region and the Ministry of Agriculture and Food, a series of recommendations were arrived at that are acceptable to the applicant and the approval authorities. He noted that staff are considering this application as a site specific application, but that it would be setting the template for future applications of this nature; the Director of Planning and Development indicated that staff were recommending approval of the application for an estate winery as a secondary use to the principle agricultural use. It was explained that the vineyard will require a minimum of 15 acres and no more than 50% of off -site grapes. He commented that once the crop was sustainable, the holding zone provision would be lifted, permitting the development of a 100 seating capacity restaurant, retail and hospitality areas. 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. Richard Brady, Planner on behalf of the applicant, explained that his client has a winery licence from the Province and has already produced 12,000 bottles of wine. He expressed his concerns with regard to the holding provision as his client would like to sell the wine on -site. He accepted the other conditions. Since no further comments were forthcoming, Mayor Salci declared the Public Meeting with regard to AM- 32/2004 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that 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. PD- 2004 -99 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 25/2003 (Revised), 5950 Victoria Avenue; Applicant: Niagara 21 Group Inc., Agent: Italia Gilberti, Solicitor; Proposed 30- Storey Hotel. The report recommends the following: That Council defer its decision regarding the requested Zoning By -law amendment application for a proposed 30- storey hotel at 5950 Victoria Avenue as it is premature for the following reasons: -4- November 1, 2004 Council Minutes 1. That the public and private secondary planning exercises regarding the future development of the Grand Boulevard are ongoing and should be finalized with a clear municipal direction on the Grand Boulevard prior to Council considering any planning applications; 2. That the Architectural Peer Review (APR) of the application has not been finalized and, as such, the application is not complete; 3. That the APR panel has identified a number of issues that have to be addressed through the redesign of the development in order for the application to comply with the Official Plan, Tourist Area Development Guidelines and the Implementation Handbook; 4. That the proposed development exceeds the density that the existing sanitary sewer was designed for; An engineering analysis is required to assess the development's impact on the system. -AND Communication No. 182 Regional Niagara, Planning and Development Department. The communication advises as not being opposed to a larger hotel, provided the municipal infrastructure and the internal traffic circulation patterns and entrance ways can handle the demands of the increased densities; but expresses concerns regarding the design of the proposed 30- storey hotel especially its relationship to the future Grand Boulevard. AND Communication No. 183 Skylon Tower. The communication advises concurring with staffs recommendation to defer the decision on the basis of prematurity and indicates as reserving the right to make representations to Council. 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 a 30- storey hotel at 5950 Victoria Avenue. He further advised that the Notice of the Public Meeting had been given by Prepaid First Class mail, in accordance with the Planning Act on October 12, 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; he advised that the application proposes an addition to the Marriott Courtyard hotel in the form of a 30- storey tower. Staff were suggesting deferral because the application was premature: it does not deal with such planning objectives as the Grand Boulevard, and the Architectural Peer Review is not complete, with issues related to size, dimension, location and density already identified. The Director of Municipal Works responded to concerns expressed with regard to the existing sanitary sewers and advised that staff required further information to assess the development's impact on the system. 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 positive response to Mayor Salci's request for comments. -5- November 1, 2004 Council Minutes Mr. Rocky Vacca, on behalf of several property and business owners in the area of Ferry Street and Fallsview Boulevard, advised his clients were in support of any new, good development in the Clifton HillNictoria Avenue area, which would increase in pedestrian traffic. He referred to his comments made at the July 14, 2004 Council meeting indicating that his clients were strongly opposed to the development of the Grand Boulevard along the railway corridor and that the corridor should be used for the People Mover System only. Further, it was the view of his clients that it was ti me to proceed with using the infrastructure of the existing roads and sidewalks along Victoria Avenue, Ferry Street and Fallsview Boulevard for the Grand Boulevard as opposed to starting from scratch and creating a new road and pedestrian walkway along the railway corridor. Mr. Wayne Murray, Chapman Murray Architects, referred to the location of the development, the setback of the building and the adjacent Grand Boulevard; he reviewed the building design and advised that landscaping and parking issues could be addressed at the site plan process; he also provided a computer rendering of the proposed hotel to members of Council. Italia Gilberti, Solicitor, on behalf of the applicant, advised as not being in agreement with staffs deferral recommendation; she reviewed and commented on each of the reasons for deferral in staffs report and expressed the opinion that the letter dated October 21, 2004 from Mr. Trevor Garwood -Jones was the Architectural Peer Review panel's final report. The Director of Planning and Development advised that staff had summarized the contents of the letter from the Architectural Peer Review panel in its' report. The panel indicated that they had insufficient time to review this application, indicated the time frame that would be appropriate and identified certain issues that still needed to be addressed. The Director of Planning and Development reiterated that this was not a final report from the Panel but a preliminary letter. Since no further comments were forthcoming, Mayor Salci declared the Public Meeting with regard to AM- 25/2003 closed. ORDERED on the motion of Alderman Campbell, seconded by Alderman Diodati, that the matter be deferred for two weeks until the issue of whether an official Architectural Peer Review plan had been submitted. The motion Carried with the following vote: AYE: Aldermen Campbell, Diodati, Pietrangelo, Volpatti and Mayor Salci NAYE:Aldermen loannoni, Kerrio, Morocco and Wing. PD- 2004 -98 Chief Administrative Officer Re: Zoning by -law Amendment Application; AM-44 /2004, Rezoning to Define and Regulate Licensed Establishments and Nightclubs in the Central Business District (CBD). The report recommends the following: 1. That Council approve the Zoning by -law amendment application to define and establish regulations for licensed establishments and nightclubs in the CBD as outlined in the staff report; 2. That Council direct staff to investigate the feasibility of including a formal set of conditions on all liquor licence applications in the downtown area; 3. That Council pass the by -law on tonight's agenda to implement the first recommendation. -6- November 1, 2004 Council Minutes AND Communication No. 184 Mrs. Joyce Crysler, 4770 Morrison Street. The communication advises as being in support of the proposed amendment application. AND Communication No. 185 Mrs. Renee Randall, 4751 Ontario Avenue. The communication advises as being in support of the proposed amendment application. -AND Communication No. 186 Niagara Parks Commission. The communication requests a copy of staffs recommendation report and the proposed amendments, prior to commenting on the matter. -AND Communication No. 187 Regional Niagara, Planning and Development Department. The communication advises as having no objections to the proposed amendment. -AND Communication No. 188 Barbara Babcock, 4676 McDougall Crescent. The communication provides comments and indicates support of the proposed amendment. The City Clerk advised that a public meeting was being convened to consider a proposed amendment to the City's zoning by -law to rezone, define and regulate licensed. establishments and nightclubs in the Central Business District. He further advised that the Notice of the Public Meeting had been given by Prepaid First Class mail, in accordance with the Planning Act on October 1, 2004 and by posting a notice in a location to which the public has access and was central to the area affected by this notice. 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; he advised that the application deals with a request submitted by the Downtown Board of Management for changes to the zoning by -law that applies to the central business zone (downtown). He stated that based on the RCI study, commissioned by the Downtown B.I.A. and information from other municipalities, like Burlington, staff were recommending that licensed establishments over 500 persons, defined as nightclubs, have a parking requirement be established. 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 positive response to Mayor Salci's request for comments. Ms. Freda Jennings, a resident on Park Street, requested further information on the application and issuance of liquor licences; she suggested that the City consider having paid parking in Municipal parking lots and expressed the view that the 100 metre separation distance between the nightclubs and other licenced establishments was not adequate. Ms. Jennings suggested that consideration be given to having a 150 metre separation distance. -7- November 1, 2004 Council Minutes Mr. Dennis Bowers, 4541 Huron Street, expressed the concern that a 45 metre buffer between licenced establishments and residential areas was insufficient; he felt there was a need for more policing, by -law enforcement and noise abatement measures. Mr. Bowers expressed the concern that introducing paid parking in Municipal parking lots would lead to more parking in the nearby residential areas, therefore, he requested that Council consider a parking permit system for the residential areas. The City Clerk provided clarification with respect to the issues of conditions on liquor licences, downtown parking issues and enforcement of the noise by -law. In response to questions raised, the Chief Administrative Officer provided clarification on the hiring of by -law enforcement officers. Ms. Sheila Barnett, a resident of Park Street, expressed concerns dealing with the issue of youth drinking and driving, rowdy behavior, and loud music from the bars in the early morning hours. Since no further comments were forthcoming, Mayor Salci declared the Public Meeting with regard to AM- 44/2004 closed. ORDERED; on the motion of Alderman loannoni, seconded by Alderman Campbell, that the report be received and adopted, that a letter be forwarded, through the Mayor's Office to Inspector Lillico, outlining the complaints of area residents and the need for more policing along Queen /Park and Huron Streets; and further, that the matter of hiring another by -law enforcement officer be referred to budget deliberations. Carried Unanimously. Following the discussion, it was ORDERED on the motion of Alderman Wing, seconded by Alderman Volpatti, that staff investigate parking issues in the downtown area. Carried Unanimously. ORDERED on the motion of Alderman loannoni, seconded by Alderman Campbell, that the correspondence be received and filed. Carried Unanimously. See By -law No. 2004 -200 PD- 2004 -100 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 49/2004, 5640 5700 Stanley Avenue, 5651, 5653 5659 Buchanan Ave.; Applicant: Carmen Grisafi (TAGC Holdings) Modifications to a recently approved 6-storey hotel. The report recommends the following: 1. That Council approve the application to lift the Holding (H) provision that applies to the development of the land and adjust the zoning regulations which would guide the placement of the hotel on the property; 2. That Council pass the by -law on tonight's agenda to implement the above recommendation conditional on satisfactory completion of the Record of Site condition process. -AND Communication No. 189 The Niagara Parks Commission. The communication advises as having no comments with respect to the proposal. -AND Communication No. 190 Regional Niagara, Planning Development Department. The communication advises as having no objections to the proposed amendment. -8- The City Clerk advised that a public meeting was being convened to consider proposed amendment to the City's zoning by -law to permit modifications of the recently approved 6- storey hotel at the various addresses listed on the agenda. He further advised that the Notice of the Public Meeting had been given by Prepaid First Class mail, in accordance with the Planning Act on October 12, 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; he advised that the proposal complied with the intent and purpose of the Official Plan, that changes to the width and length of the hotel were minor and in keeping with the design criteria for high -rise buildings, that a roof feature and landscaping strip would be provided and that the completion of a record of Site Condition would meet the Provincial environmental conditions. He advised that staff were recommending approval, in principal, conditional on the satisfactory completion of the Record of Site Agreement. Aldermen Wing and loannoni vacated Council Chambers at 10:45 p.m. November 1, 2004 Council Minutes 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. Michael Allan, on behalf of the applicant, advised that the staff recommendations had been acknowledged and indicated that the Record of Site Conditions had been filed and that they were waiting for the Ministry to issue final approval. Since no further comments were forthcoming, Mayor Salci declared the Public Meeting with regard to AM- 49/2004 closed. ORDERED; on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the recommendations be approved in principle, until the Record of Site Agreement was issued. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the correspondence be received and filed. Carried Unanimously. PD- 2004 -101 C hief Administrative Officer Re: Draft Plan of Condominium; Courtyard Apartments (4658 Drummond Road); File: 26CD -11- 2003 -03; Owner: Longterm Equities Inc., Agent: The Larocque Group. The report recommends the following: 1. That the proposed plan of condominium be draft approved subject to the conditions in the attached Appendix; 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; -9- 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer, and subject to review, granted by Council. Mrs. Joan Larocque, on behalf of the Larocque Group advised that the client had met with the tenants and had offered them the option of a 3 -year lease if the apartments were converted into condominiums or continue to rent their units and have the right of first refusal to purchase a converted unit; she referred to the Provincial Landlord and Tenant legislation and advised that the condominium woud provide additional affordable priced units to the housing market. Following the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. MAYOR'S REPORTS, ANNOUNCEMENTS. REMARKS Mayor Salci mentioned the following past or future events/ meetings: his meeting with the Serbian Consul General, Volunteer Recognition night, the Rural Residents forum, the Tree Branch collection to be held on November 6 2004, the Tender Wishes Foundation fundraiser spaghetti dinner to be held at Club Italia on November 7 2004 and the Festival of Lights Press Conference being held on November 12` 2004 at the Fallsview Casino Resort. Alderman Wing returned to Council Chambers. His Worship Mayor Salci requested that Alderman Jim Diodati provide an update on the Centennial celebrations: he advised that Alderman Wing would be chairing the Cotton Candy Committee, for the World Guinness Book of Records event to be held at the Skylon Tower. Alderman Vince Kerrio stated that the Victoria Avenue BIA and the Fallsview BIA would be donating $3,500 each to offset the costs to the residents; Alderman loannoni returned to Council Chambers. November 1, 2004 Council Minutes It was moved by Alderman Volpatti, seconded by Alderman Morocco, that approval be granted to proceed past 11:00 p.m. Carried. His Worship Mayor Salci declared a 5- minute recess at 11:00 p.m. Following the recess, Council reconvened for the balance of the meeting. COMMUNICATIONS Communication No. 191- The Optimist Club of Niagara Falls Re: Proclamation. The communication requests that the week of November 21 to November 27` 2004 be proclaimed as "Youth Appreciation Week" in the City of Niagara Falls. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the request be approved. Carried Unanimously. Communication No. 192 Winter Festival of Lights Re: Fireworks Shows. The communication requests Council permission to conduct thirteen (13) fireworks shows on the following dates: November 19 20 26 December 3r 10t 11th, 17t 24t 31s (two shows), 2004 and on January 7th, 14th, and 15 2005. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the request be approved subject to established policy. Carried Unanimously. RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati, that the actions taken in Community Services Committee, earlier this evening, be approved: 1. Adoption of the Minutes of the October 18, 2004 Community Services Committee; 2. That Council begin the designation process for Cummington Square and that staff investigate establishing an Adopt -a- Square Program to recognize and formalize the Royal Canadian Legion Branch 396 ongoing interest in the war memorial; 3. That there be no change in our current Garage/Yard Sale policy; 4. That the recommendations outlined in the World of Wonders Trends Gift Shop Parking Demand Analysis results report be approved; 5. That the stop signs outlined in the Ort Road Intersection control review be approved; 6. That the City not construct a parking lot at Mulhern Park; 7. That Council support the funding of the City Employee Christmas party and turkeys be provided; 8. That the Casino Compensation Report CAO- 2004 -05 be received for the information of Council and that Council members be encouraged to attend the meeting with Minister Bradley to show their support. New Business: -10- November 1, 2004 Council Minutes 1. That staff prepare a report on the implementation and location of the plaque recently installed at the Armoury. The motion Carried with Alderman Morocco voting contrary to Report MW- 2004 -158 and Alderman Campbell declaring a conflict on the Armoury issue. 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. Adoption of the Minutes of September 20, 2004 Corporate Services Committee meeting; 2. That the 2005 Requests for Funding from the following groups be referred to final budget deliberations: Recreation Committee; Arts Culture Committee; GNGH Foundation; Humane Society and the Board of Museums; 3. That the following reports be received for information: November 1, 2004 Council Minutes Report CPS 2004 -07 2005 Municipal Utility Budget Discussion; Report CPS 2004 -08 2005 -2009 Capital Projects Budget Discussion; Report CPS 2004 -09 Debt Management; 4. That staff undertake a study of the combined sanitary and storm sewer flows to determine what sewer treatment costs, if any, could be transferred to the General Purposes Budget; 5. That staff investigate and report on billing residential water users a consumption rate only and maintaining the two -part rate structure for all other water users; 6. That the Capital Project of sidewalk construction on Ailanthus Avenue be referred to final budget deliberations; 7. That the donation request from the Niagara Falls Coin Club be received and filed. The motion Carried with Alderman loannoni indicating a conflict of interest on the Niagara Falls Humane Society matter. REPORTS CPS 2004 -10 Chief Administrative Officer Re: Sewer Consumption Rate Refund. The report recommends that Council apply the sewer consumption rate refund to City -wide infrastructure projects and that every effort is made by staff to secure matching provincial and federal funding OR, that if Council wishes to refund the monies, they select Option #3. Following some discussion, it was ORDERED on the motion of Alderman loannoni, seconded by Alderman Morocco, that the matter be deferred, in order that a legal opinion can be provided on the use of the refund from the Region. The motion Carried with the following vote: AYE: Alderman Campbell, loannoni, Morocco, Wing and Mayor Salci. NAYE: Aldermen Diodati, Kerrio, Pietrangelo, and Volpatti. CAO 2004 Chief Administrative Officer Re: Cross Border Mayors Coalition. The report recommends the following: 1. That Council support the work of the Niagara River Bi- National Coalition; 2. That Council contribute $30,000 CAN. funds to the Coalition for the purpose of supporting the execution of a Border Strategy representing the border communities of Niagara Falls, Ontario; Niagara Falls, New York, Buffalo, New York; fort Erie, Ontario; Lewiston, New York and Niagara -on- the -Lake, Ontario. ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing, that Ms. Bernadette Secco be permitted to address Council. Carried Unanimously. Ms. Secco, Executive Director, Fresh Air Coalition, Fort Erie referred to the vast amount of truck traffic on our bridges, the lack of truck processing facilities and air quality issues at border crossings; she advised that she wished to provide this information in order that an informed decision could be made with regard to the request for a $30,000 contribution to the Mayor's Coalition. Following the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the matter be deferred to budget deliberations and that a terms of reference be provided. Carried Unanimously. LEGAL MATTER -12- November 1, 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 Volpatti, to approve the recommendations contained in the reports on the consent agenda. 1. F-2004-56, 2003 Consolidated Financial Statements for the information of Council; 2. F- 2004 -57, Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of the Municipal Act, 2001 that the cancellation, reduction or refund of taxes on the various accounts per attached summary be approved and granted to the property owners listed; 3. F- 2004 -58, Municipal Accounts that Council approve the municipal accounts totaling 31,916,966.87 for the period September 22, 2004 to October 19, 2004; 4. FS- 2004 -19, Purchase of Thermal Imaging Camera that Council approve the purchase of thermal imaging cameras for Fire Services emergency responses at a cost of $28,980; 5. FS- 2004 -20, Purchase of 151 Self- Contained Breathing Apparatus (SCBA) that Council approve the purchase of 15 self contained breathing apparatus (SCBA) air cylinders at a total cost of $17,767.50; 6. MW- 2004 -161, Colangelo Estates Subdivision Ontario Hydro Corridor Crossing Agreement Storm Sewer on Haulage Road that a Licence Agreement between Ontario Power Generation Inc. "OPG 586112 Ontario Limited operating business as Niagara Investment Group "the developer and Hydro One Networks Inc. "HONI be assigned to The Corporation of the City of Niagara Falls "City upon the expiration of the maintenance period on the Colangelo Estates Subdivision for the right to construct, use and maintain a new 1,050 mm (42 diameter storm sewer on the Haulage Road "storm sewer required for Colangelo estates Plan of Subdivision as well as the future development lands to the east and west. Carried Unanimously. His Worship Mayor Salci received a negative response to his request on whether there was anyone present that had an interest in the road being closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that leave be granted to introduce the By -law and the By -law be read a first time. 2004 195 A by -law to permanently close part of a highway.(Re: road allowance between Township Lots 13 14; Township Lots 7 8 Stamford; part of road allowance between Township Lots 27 28 Stamford between QEW and Mountain Road) Carried Unanimously. -13- November 1, 2004 Council Minutes ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that the By -law be now read a second and third time 2004 195 A by -law to permanently close part of a highway.(Re: road allowance between Township Lots 13 14; Township Lots 7 8 Stamford; part of road allowance between Township Lots 27 28 Stamford between QEW and Mountain Road) Carried Unanimously. RATIFICATION OF "IN CAMERA" ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that the actions taken in the In Camera session, earlier this evening, be approved. That part of road allowance between Township lots 7 8; road allowance between Township lots 13 14 and part of road allowance between Township lots 27 and 28 Stamford as Parcel A B be declared surplus and offered for sale to the interested abutting owners for fair market value; That an offer to purchase in the amount of $27,000.00 from A T Roberto Ltd. for parcels A B, be considered by Council at its meeting of November 15/2004; That a Notice of the proposed sale of parcels A B to Roberto be given in the Niagara Falls Review in Accordance with By -law No. 2003 -02. Carried. BY LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that leave be granted to introduce the By -laws and the By -laws be read a first time. 2004 196 A by -law to amend By -law No. 80 -114, being a by -law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. 2004 197 A by -law to establish Part 3 on Reference Plan 59R -12415 as a public Highway, to be known as and to form part of St. James Avenue. 2004 198 A by -law to authorize the execution of a Condominium Agreement with Niagara Union Property Development respecting Ashton Heights Condominium, being Lots 322 to 328 (inclusive) and Part of Block "A" on Plan No. 40 being Part 1 on Reference Plan 59R- 12474. 2004 199 A by -law to establish Part 3 on Reference Plan 59R -12532 as a public highway, to be known as and to form part of Morrison Street. 2004 200 A by -law to amend By -law No. 79 -200, to regulate nightclubs in the Central Business Commercial Zone (Re: AM- 44/2004, City of Niagara Falls) 2004 201 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Stop Signs at Intersections, Yield Signs at Intersections) 2004 202 A by -law to authorize monies for General Purposes (November 1, 2004) November 1, 2004 Council Minutes 2004 -203 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 1 day of November, 2004. The motion Carried with Aldermen Campbell, Morocco, Pietrangelo and Wing declaring conflicts of interest on By -law No. 2004 -202. ORDERED on the motion of Alderman loannoni, seconded by Alderman Morocco, that the By -law be now read a second and third time 2004 -196 -14- A by -law to amend By -law No. 80 -114, being a by -law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. 2004 -197 A by -law to establish Part 3 on Reference Plan 59R -12415 as a public Highway, to be known as and to form part of St. James Avenue. 2004 -198 A by -law to authorize the execution of a Condominium Agreement with Niagara Union Property Development respecting Ashton Heights Condominium, being Lots 322 to 328 (inclusive) and Part of Block "A" on Plan No. 40 being Part 1 on Reference Plan 59R- 12474. 2004 -199 A by -law to establish Part 3 on Reference Plan 59R -12532 as a public highway, to be known as and to form part of Morrison Street. 2004 -200 A by -law to amend By -law No. 79 -200, to regulate nightclubs in the Central Business Commercial Zone (Re: AM- 44/2004, City of Niagara Falls) 2004 -201 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Stop Signs at Intersections, Yield Signs at Intersections) 2004 -202 A by -law to authorize monies for General Purposes (November 1, 2004) 2004 -203 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 1s day of November, 2004. The motion Carried with Aldermen Campbell, Morocco, Pietrangelo and Wing declaring conflicts of interest on By -law No. 2004 -202. NEW BUSINESS Invitation to Ellen Degeneres Alderman Carolynn loannoni advised members of Council that she had sent an e- mail to the Ellen Degeneres Show inviting her to attend the Niagara Falls' 100`" Birthday bash and encouraged the community to do the same. City -wide Free Parking Alderman Wayne Campbell advised that he was bringing a Notice of Intent to introduce a motion at the next Council meeting to have "City -wide free parking on December 11 2004 with all other restrictions enforced. Assessment Pooling November 1, 2004 Council Minutes Alderman Selina Volpatti commented that the Region wishes to investigate the concept of assessment pooling and requested further information on the matter. The Director of Finance advised that assessment pooling was part of the Smart Growth initiative whereby municipalities pool their assessments and advised that the matter was under review. Following the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that staff provide more information on the issue of assessment pooling. Carried Unanimously. New City Logo Alderman Jim Diodati referred to an initiative to develop a new City logo. He invited residents to provide submissions by December 3, 2004 and advised that the winning logo would be unveiled at the December 11`", 2004 festivities. In response to questions raised, the Chief Administrative Officer advised that this was a staff initiative from the Information Systems Department in conjunction with the redesign of the website. Left -hand turn into Zehrs entrance Alderman Victor Pietrangelo referred to left -hand turn into the Zehrs parking lot, while traveling southbound and the reconstruction of Dorchester Road. Following some discussion, it was ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that staff come back with a report. Carried Unanimously. Great Lakes Water Diversion /Implementation Agreement Alderman Janice Wing referred to correspondence from the City of Sarnia requesting Council support of a resolution requesting the Prime Minister of Canada and the Premier of Ontario to advocate that diversion of Great Lakes' waters should not be allowed under the Agreement for Annex 2001. Following some discussion, it was ORDERED on the motion of Alderman Wing, seconded by Alderman Pietrangelo, that the City of Niagara Falls support the City of Sarnia's resolution. Carried Unanimously. Poem Written by Mr. Stephen Sunshine ORDERED on the motion of Alderman Diodati, seconded by Alderman Volpatti, that a letter be forwarded from the Mayor's Office to Mr. Stephen Sunshine in appreciation of his poem inspired by his recent visit to Niagara Falls. Carried Unanimously. -16- ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, November 1, 2004 Council Minutes DEAN IORF A, CI CLERK R. T. (TED) SALCI, MAYOR