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2002/03/18READ AND ADOPTED, SEVENTH MEETING COMMITTEE -OF- THE -WHOLE PLANNING MEETING DISCLOSURES OF PECUNIARY INTEREST PLANNING MATTERS Committee Room #2 March 18, 2002 Council met on Monday, March 18, 2002 at 4:00 p.m. in Committee -of -the Whole. All members of Council, with the exception of Alderman Craitor, who was away due to work commitments, and Alderman Hendershot, were present. Alderman Art Federow presided as Chairman. Following consideration of the items presented, the Committee -of- the -Whole rose to report in open session. DEAN IORI IDA!CITY CLERK WAYNE THOMSON, MAYOR Council Chambers March 18, 2002 Council met on Monday, March 18, 2002 at 6:00 p.m. for the purpose of considering Planning and Regular Business matters. All members of Council with the exception of Alderman Craitor, who was away due to work commitments, and Alderman Hendershot, were present. Alderman Judy Orr offered the Opening Prayer. Alderman Campbell indicated a pecuniary interest on Report F- 2002 -20, Cheque No. 266135 because the District School Board of Niagara is his employer. Alderman Feren indicated a pecuniary interest on Report F- 2002 -20, Cheque No. 265793, because he has a working relationship with the recipient. Alderman Pietrangelo indicated a conflict of interest on Report PD- 2002 -23, because a member of his family is involved in testamentary devise matters. Alderman Wing indicated a pecuniary interest on By -law No. 2002 -046, because her property abuts the subject property. PD- 2002 -25 Chief Administrative Officer Re: Recommendation Report, Graham Street Extension Draft Plan of Subdivision 26T -11- 2002 -01, Zoning By -law Amendment Application AM -0112002; Owner: 1006057 Ontario Limited. The report recommends the following: -2- 1. That the Graham Street Extension Plan of Subdivision 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; 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; 4. That the application to amend the Zoning By -law be approved to provide the necessary land use regulai ons to guide the development of the subdivision; 5. That Council declare surpos and authorize staff to close and transfer portions of Parts 6 9, 59R -11438 (part of proposed Lot 2) to the developer. -AND Communication No. 18 Mr. Graham Seward, 7522 Vivian Court. The communication provides comments on drainage problems; bonding arrangements and advises that road access for the development would be preferable from Montrose Road. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised th jt the Notice of the Public Meeting had been given in accordance with the Regulations'py prepaid First Class mail on February 21, 2002. His Worship Mayor Thomson received indication that Mr. Bandi, was in attendance on behalf of the applicant, and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persoro wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. The Deputy Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; The Proposal; The Planning Review; indicated that temporary construction traffic would access by way of the former Graham Street road allowance onto Montrose Road; that privacy fencing was not a condition of subdivision development as future individual property owners would construct their own fences when moving in and that fencing along Mrs. Pat Taylor's property was not part of the conditions for draft plan approval. He stated that the application was compatible with the existing neighbourhood and complied with the policies of the Official Plan and that staff were recommending approval of the application. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a negative response in opposition to the application. The Director of Municipal Works responded to the concerns expressed in Mr. Seward's correspondence and advised that staff would be looking at, as part of the Master Drainage Plan, of capturing backyard drainage through a system of swales and catch basins; referred to the access onto Montrose Road and advised that there are securities that are required by the City in order to ensure that the work gets done. -3- Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-01/2002, closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the report be received and adopted and further that Mr. Graham Seward and Mrs. Pat Taylor be included in the site plan process. The motion Carried with Alderman Feren abstaining from the vote on a conflict of interest because he resides in close proximity to the proposed development. PD- 2002 -27 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM -02/2002, 5509 Ferry Street, 5839 Stanley Avenue and 5512 Spring Street; Applicant: Kings Inn Motor Lodge (Niagara) Limited; Agent: Victor Tarnoy, Architect; Proposed Addition to the Kings Inn Motel. The report recommends the following: 1. That Council approve the Zoning By -law amendment application to permit a proposed addition to the Kings Inn Motel at 5509 Ferry Street; 2. That the amending by -law site specifically modify the definition of a hotel so as not to require meeting rooms or a public dining room; 3. That the applicant be required to construct the streetscape improvements along Ferry Street concurrent with other site works and to enter into a Section 37 agreement as part of the site plan agreement for streetscape improvements along Stanley Avenue to be constructed as part of the future road reconstruction. -AND Communication No. 19 Mr. Jim Prescott, 5541 Spring Street. The communication express the concern that the additional flow of water run -off from this large area will cause increased basement flooding; states that the proposed 10 -foot landscaped area is inadequate; requests that a wooden fence be included in the site plan to act as a buffer for the surrounding residences; suggests that any planned lighting not interfere with the surrounding neighbourhood and requests that the two mature trees at the entrance to the Spring Street lot not be removed. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by prepaid First Class mail on February 15, 2002 His Worship Mayor Thomson received indication that Mr. Victor Tarnoy, Architect, was in attendance on behalf of the applicant, and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. -4- The Deputy Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; The Proposal; the Planning Review; indicated that the proposal was within the intent and purpose of the City's Official Plan; advised that the new 6- storey hotel would encompass the existing motel and will be built abutting Ferry Street and the east property line; indicated that the applicant has also requested that the definition of a hotel be modified, site specific, so as not to require meeting rooms or a public dining facility; stated that the developer enter into a site plan /section 37 agreement in order to guarantee on -site works and streetscaping; and discussed the setback requirements; he advised that staff were recommending approval of the application, subject to the conditions outlined in the report. In response to concerns expressed, the Deputy Director of Planning and Development advised that the developer was required to carry out an Engineering Study to address the flows that would be created by the new parking area. The Director of Municipal Works indicated that there were a number of options available for containing storm water flows; and referred to the construction of a new storm sewer within the next 3 or 4 years, from the 420 southerly to Stanley Avenue. He advised that staff would be contacting Mr. Prescott regarding his concerns of basement flooding and to the availability of the Backwater Valve Program which would provide him with some relief until the storm sewers come into place. There was a positive response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a negative response in opposition to the application. Mr. Michael Allen, was in attendance on behalf of his client, at 5501 Ferry Street, advised that he was not in opposition to the proposed development but requested to be kept informed and included in the site plan process. Mr. Jim Prescott advised that he was not opposed to the proposed development but expressed concerns that the additional flow of water run -off from this large area would cause increased basement flooding and expressed the opinion that the proposed 10 -foot landscape buffer was inadequate. Mr. VictorTarnoy, Architect, provided clarification on concerns expressed regarding the retention of some of the trees in the area of Spring Street; indicated that he proposed to work with the City to provide adequate landscaping buffers in the area; stated that they were exploring a number of options with regard to onsite water retention; and indicated that unobtrusive, post style low level lighting was planned for the parking. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 02/2002, closed. ORDERED on the motion of Alderman Feren, seconded by Alderman Orr, that the report be received and adopted and that interested residents and the Agent for the neighboring properties be included in the site plan process. Carried Unanimously. ORDERED on the motion of Alderman Feren, seconded by Alderman Orr, that the correspondence be received and filed. Carried Unanimously. PD- 2002 -26 Chief Administrative Officer Re: Public Meeting, Brookfield Court Draft Plan of Subdivision: File: 26T -11- 2002 -02; Owner: Cuviello Construction Limited (In Trust) (Agreement of Purchase and Sale). The report recommends that Council consider input received at the Public Meeting and refer all matters to staff for the review of the Brookfield Court Draft Plan of Subdivision. -5- AND Communication No. 20 Mrs. Joan M. London, 6050 Clare Crescent. The communication expresses traffic and safety concerns; suggests the installation of a "Hidden Intersection" sign and a "No Exit" sign on the new proposed street; and expresses concerns regarding the sewer capacity with the additional development in the area. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by prepaid First Class mail on March 1, 2002. His Worship Mayor Thomson advised that the purpose of the meeting was to receive information and to provide an opportunity for the public to comment on the proposed subdivision. He indicated that Planning staff would consider all comments received and prepare a recommendation report to Council at a future meeting and that there would be no decision made at this evening's Council meeting. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. Mr. Calum Shedden, Solicitor was in attendance on behalf of the applicant, stated that the subdivision was an in -fill, efficient use of land development; he advised that the applicant was proposing to subdivide a 4.23 acre site for residential development for 13 single- detached lots located on the north side of Clare Crescent, between Brookfield Avenue and the hydro canal, south of Lundy's Lane. He further advised that if the trail was approved, that it would be pedestrian and bicycle traffic and would go behind the existing and new development. Ms. Paula Berketo, Landscape Architect, referred to the issue of safety in trail design; the impact and the location the trail will have on its users; the accessability of the trail for maintenance, emergency vehicle access; site lines; the horizontal and vertical alignment or changes in grade; the environmental issues such as drainage courses; the location of existing trees and the impact on the surrounding neighborhood and to the adherence to the Overall Master Plan. She reviewed four alternatives to the Recreational Trail, which included: 1) To locate the trail in the existing easement; 2) To locate the trail east of the proposed new Lots 1-4; 3) To locate the trail on the east side of the new entry road in the boulevard; 4) To locate the trail along the Hydro Canal and of the cost implications for each of the recommended alternatives. A question was put to the applicant whether he would provide excavating for a trail if it ran adjacent to the hydro canal, as proposed in option 4. He said he would consider providing such a benefit. Mr. Glen Barker, Planner with BLS Planning Associates, advised that he was in attendance on behalf of 20 neighborhood residents from Brookfield Avenue and Clare Crescent; he indicated that the neighboring residents supported the principle of residential development on the subject lands in accordance with the R1 C zone standards that currently apply to the lands; he referred to the proposed severance line at the northern limit of the subject land and questioned what would happen to the legal non conforming cabin use; suggested that instead of the cul-de -sac, that the development be designed to go further north providing an opportunity for the cabin lands to be developed for residential purposes at a subsequent date; 2) referred to the location of the red oak tree and its canopy and the configuration of Lot #1, he suggested that the southerly lot line of Lot #1 be shifted north in order to preserve the tree; 3) indicated that the neighborhood residents wish to have the trail within the existing easement and suggested that the existing easement be dedicated to the municipality for their trail system. -6- Mr. Barker enquired what was the intended purpose of Block 14 if the trail did not occur there. He suggested that the street lights preferably all be located on the west side; he suggested that the municipality consider that construction traffic go through the lands to the north and directly out onto Lundy's Lane instead of using Brookfield and Clare Crescent. He also requested that the Municipal Works Department look into the issue of storm water management on the development so that it will not create problems on the combined sewer system that exists to the south on Clare Crescent. Mr. John Clark, 6255 Clare Crescent, expressed concerns regarding vandalism and stated the opinion that an open area for a trail would be more beneficial than a closed -off area. Ms. Joanne Garrison, 6089 Brookfield Avenue, advised that due to the proposed subdivision, she would have a road in her front yard as well as in her backyard and requested that the developer consider flipping the subdivision around in order that the proposed development backs onto the properties onto Brookfield Avenue with the road running on the west side of the development. Mr. Ed Stewart, 6040 Clare Crescent enquired as to the type of housing that would be developed. He was advised by the applicant that this was going to be a high quality, single family subdivision. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Brookfield Court Draft Plan of Subdivision, closed. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the comments be referred to staff. Carried Unanimously. PD- 2002 -23 Chief Administrative Officer Re: Appeal to Zoning By -law Nos. 2002- 022 and 2002 -023, former Township of Willoughby and Crowland, Zoning Provisions for Testamentary Devise Parcels. The report recommends that Council reaffirm, by resolution, the passing of By -law Nos. 2002 -022 and 2002 -023. ORDERED on the motion of Alderman Feren, seconded by Alderman Volpatti, that the report be received and adopted. The motion Carried with Alderman Pietrangelo abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. PD- 2002 -24 Chief Administrative Officer Re: Request for Approval of Consulting Services for the Sign By -law Review Study. The report recommends that Council authorize the Sign By -law Review Study, as detailed in Report PD- 2002 -11 with a revised work program that includes a workshop with the sign manufacturing industry. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. PD- 2002 -28 Chief Administrative Officer Re: Smarter Niagara Incentive Programs. The report recommends the following: 1) That Council advise the Region and the Smarter Niagara Steering Committee of its support for the five priority incentive programs identified in the January 2002 discussion paper; That Council request the Region's support for direct funding assistance regarding the preparation of requisite Community Improvement Plans; 3) That Council request the Region to clarify the sources of funding for the proposed loan and grant programs. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. -7- PD- 2002 -29 Chief Administrative Officer Re: The Southeast Niagara Agricultural Study. The report recommends the following: 1. That Council receive this report for information purposed; 2. That the Southeast Niagara Agricultural Study be used as a basis for developing policies for the southern area of Niagara Falls west of the Q.E.W.; 3. That a copy of this report be sent to the Region for their information. Following some discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be approved as amended indicating that the City would require that the Region conduct further evaluation on their findings because of the City's concerns regarding the lands west of the Q.E.W., with a comparison of these lands to the rest of the study area and further, that the Region be requested to report the information back to the City. Carried Unanimously. REGULAR COUNCIL ADOPTION OF MINUTES ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo that the Minutes of February 18, 2002 be adopted as printed. Carried Unanimously. MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS Congratulations Mayor Thomson extended congratulations and best wishes to Mr. Mrs. Roger Shannon on the opening of their new Food Basics Grocery Store located on McLeod Road. Welcome His Worship Mayor Thomson introduced and welcomed Patrick Burke, the City's new Fire Chief to Council. His Worship Mayor Thomson introduced and welcomed Ms. Sue Forcier, as the new Assistant to the Mayor. Communication No. 21 Regional Municipality of Niagara, Police Services Board Re: Taxi Licencing, Bill 159. The communication requests that Council support Bill 159, subject to an amendment that would ensure the new legislation addresses issues dealing with the unlicenced taxi industry in the Niagara Region. ORDERED on the motion of Alderman loannoni, seconded by Alderman Feren, that the request be supported. Carried Unanimously. Communication No. 22 The Fresh Air Fund Re: Proclamation. The communication requests that March 20, 2002 be proclaimed as "Fresh Air Fund Day in Niagara Falls ORDERED on the motion of Alderman Feren, seconded by Alderman Fisher,; that the request be approved. Carried Unanimously. COMMUNICATIONS -8- Communication No. 23a) The Great Atlantic Pacific Company of Canada Limited ,Re: Municipal Exemption. The communication requests a municipal exemption from the retail Business Holidays Act, allowing the A &P Food Store at 3770 Montrose Road to remain open on Statutory Holiday between the hours of 9:00 a.m and 6:00 p.m. except for Christmas Day, New Year's Day, Good Friday and Easter Sunday or a deemed acceptable under the Holiday Closing Provision of the Act. AND Communication No. 23b) Inter Departmental Memorandum from the City Clerk. The communication provides clarification on the matter dealing with the request for a Statutory Holiday Exemption. ORDERED on the motion of Alderman Fisher, seconded by Alderman Campbell, that the request be supported. Carried Unanimously. Communication No. 24 -City of Kingston Re: Allocation of Provincial gasoline taxes to municipalities. The communication requests that Council endorse a resolution requesting the Ontario government undertake a full review of other provincial revenue sources, in consultation with municipalities to determine which of these revenue sources should be given in total or in part to municipalities in recognition of the added financial responsibilities municipalities now have as a result of downloading. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the request be endorsed. Carried Unanimously. REPORTS RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that the following actions taken at Corporate Services Committee, earlier this evening, be approved: 1. Adoption of the February 4, 2002 Corporate Services Committee Minutes; 2. Report F- 2002 -19 Park Plaza Property Tax Arrears that the report be received for information; 3. Report F- 2002 -20 Municipal Accounts that the Municipal Accounts totalling $5,384,732.87 for the period ending March 18 2002 be approved; 4. Report MW- 2002 -26 Municipal Parking Traffic Committee Review of Monthly Parking Rates from the February 19, 2002 Meeting that the report be deferred; 5. Report MW- 2002 -27 Municipal Parking Traffic Committee 2002 Budget Recommendations from the February 19, 2002 Meeting that the report be deferred; 6. Report MW- 2002 -12 Victoria /Centre BIA Request to Widen the Sidewalk on Victoria Avenue between Walnut Street and Centre Street the report recommends the following: 1) that the parking meters located on the northwest side of Victoria Avenue between Walnut Street and Centre Street be removed; 2) that the sidewalk located on the northwest side of Victoria Avenue between Walnut Street and Centre Street, be widened, at a cost of approximately $60,000.00; -9- that in accordance with the Streetscape Master Plan, street hardware consisting of benches, trash receptacles, banners, hanging baskets, decorative planters and trees be installed at a cost of approximately $20,000; 4) that the cost of widening the sidewalk and the installation of street hardware is to be paid for, by the Victoria/Centre BIA, over the requested ten (10) year period (attached BIA letter), subject to the requirements of the Municipal Act; 5) that a commercial loading /unloading zone be established in front of 5677, 5681 and 5685 Victoria Avenue, to accommodate those businesses that do not have loading /unloading facilities in the rear of their businesses; 6) "No Stopping Anytime, Tow Away Zone" be established along both sides of Victoria Avenue between Walnut Street and Centre Street, to ensure free flow traffic movement 7. That staff review the budget shortfall at Project SHARE and report on possible options to support the Agency; 8. Report F- 2002 -17 2002 General Purposes Budget and Report F- 2002 -18 2002 2006 Capital Projects Budget be deferred for a period of one week; and that staff be directed to review the following projects: Expansion of F.H. Leslie Parking Lot; F.H. Leslie Splash Pad; Parks Maintenance; Crack Sealing; Asphalt Overlay; Sidewalk Replacement; Surface Treatment; Extend Streetscape Master Plan Study; Beautification Program and report to Committee with options for their inclusion in the 2002 budget. The motion Carried with Alderman Campbell and Feren abstaining from the vote on Report F- 2002 -20 on conflicts of interest previously noted; and Aldermen loannoni, Orr and Wing voting, contrary to Report F- 2002 -20, and with all others voting in favour. Following some discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman loannoni, that the Budget be brought back to open Council on March 25, 2002 and that the Council meeting commence at 5:30 p.m. Carried Unanimously. MW- 2002 -10 Chief Administrative Officer Re: Release of Registered Drain Lots 18, 19, 20, 21, 22 and 23, Plan 164. The report recommends that the City releases all interests and rights associated with a former open channel watercourse located on Lots 18 -23 inclusive on Plan 164. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. MW- 2002 -32 Chief Administrative Officer Re: Beaverdams Road Traffic Operations Review and Environmental Assessment Studies Consultant Selection. The report recommends that the City engage the engineering services of McCormick Rankin Corporation to assist staff in the preparation of the Beaverdams Road Traffic Operations Review Environmental Assessment Study. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. MW- 2002 -33 Chief Administrative Officer Re: Idling of Buses "Spare the Air" Campaign. The report recommends the following: 1) That Council authorize staff to proceed with the development of a campaign to reduce bus idling in the City of Niagara Falls through a partnership with the Niagara Parks Commission; -10- 2) That Council support the Niagara Parks Commission (NPC) application to the Ministry of the Environment (MOE) for funding of the program. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. MW- 2002 -34 Chief Administrative Officer Re: Front Street, Chippawa Parkway, Reilly Street, Temporary Closure. The report recommends that this report be received for information. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. MW- 2002 -36 -Chief Administrative Officer Re: By -Law Wording Changes, By -Law Nos. 89 -2000 and 96-50. The report recommends that the amendments to By -Law No. 89 -2000, being a by -law to regulate Parking and Traffic on City Roads and By -Law No. 96- 50, being a by -law to establish, regulate, supervise, govern and charge fees in municipal parking Tots, appearing later on tonight's agenda, be approved. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. See By -law No. 2002 -048 See By -law No. 2002 -049 MW- 2002 -37 Chief Administrative Officer Re: Tender, NP -01 -2002, Supply of Bituminous Patching Materials and Asphalt Emulsions. The report recommends that the tender for the supply of materials as listed, be awarded as outlined on the summary sheet. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. MW- 2002 -38 Chief Administrative Officer Re: Tender NP -02 -2002 for the Supply of Ready Mix Concrete. The report recommends that the supply of ready mix concrete be awarded to Cotton Ready Mix Ltd., 2125 Fruitbelt Parkway, Niagara Falls, Ontario. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. R- 2002 -12 Chair, Recreation Commission Re: Request for Financial Assistance and Review by the City's Recreation Commission. The report recommends that members of Council approve $500.00 grant for Buck Miller. Ms. Brenda Pinnegar, who was in attendance on behalf of the Chippawa Ladies Slo- Pitch team, requested Council's support toward their travel expenses to Calgary, Alberta as the winners of the National Masters Slo -Pitch Tournament. Following some discussion, Alderman Pietrangelo indicated that the requests for funding assistance be dealt with through separate motions. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the funding in the amount of $500.00 be provided to the Riverside Park Campground Boys Under 13, Tier 1 Soccer Team. The motion was Defeated with Aldermen Feren, Pietrangelo and Volpatti voting in favour and with all others voting contrary to the motion. ORDERED on the motion of Alderman Fisher, seconded by Alderman. Volpatti, that members of Council approve a $500.00 grant for the Chippawa Ladies Slo -Pitch "Chip -A- Ways" team. The motion Carried with Alderman Puttick voting contrary to the motion and with all others voting in favour. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that members of Council approve a $500.00 grant for Buck Miller. The motion Carried with Alderman Puttick voting contrary to the motion and with all others voting in favour. R- 2002 -13 Chief Administrative Officer Re: For the Supply and Installation of Electrical Materials at the Kalar Road Community Sports Park 'Home for Girls Soccer" (Phase 1). The report recommends that the Tender TR03 -2002 for the Supply and Installation of Electrical Materials at the Kalar Road Community Sports Park 'Home for Girls Soccer' (Phase 1) be awarded to Wiens Underground Electric Ltd. of Niagara- On -the- Lake, Ontario at the tendered cost of $48,319.06 (including taxes). ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. See By -law No. 2002 -051 R- 2002 -14 Chair, Environmental Planning and Greening Committee Re: Actions Stemming from the Environmental Planning Greening Committee Meeting of February 20, 2002. The report recommends that Council endorse the actions of the February 20, 2001 meeting of the Environmental Planning Greening Committee. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. FS- 2002 -02 Chief Administrative Officer Re: Regional Hazardous Materials Response Team. The report recommends the following: 1. That Council approve participation in a Regional hazardous material response team initiative (Option 3, as described below) under the administrative umbrella of the Public Safety Division of the Regional Municipality of Niagara, expanding our hazardous materials response capabilities and allowing for Mutual Aid to be provided throughout the communities of the Niagara Region, for Hazardous Materials incidents as needed; 2. That Council approve up to $35,000 to fund personnel overtime costs and other associated costs for Fire Services to operate at a higher level of competence (NFPA472- Technician Level) in dealing with hazardous materials and terrorist responses. ORDERED on the motion of Alderman Feren, seconded by Alderman Fisher,' that the report be received and adopted. Carried Unanimously. F- 2002 -03 Chief Administrative Officer Re: Municipal By -Law 80 -114, Designation of Required Fire Access Routes; Inclusion of Burnfield Lane Condominium, 3241 Montrose Road; Owner: Grey Forest Homes, Ltd. The report recommends that Council approve the request of Deborah McMahon, on behalf of Grey Forest Homes Ltd., to designate the private roadways as a Fire Route. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. See By -law No. 2002 -047 FS- 2002 -04- Chief Administrative Officer Re: Municipal By -law 80 -114, Designation of Required Fire Access Routes Inclusion of Proposed Niagara South Condominium Corporation; 5200 Dorchester Road, (3' Phase) Owner: Falls Masonry Ltd. The report recommends that Council approve the request of Cosimo Dilollo, on behalf of Falls Masonry Ltd., to designate the private roadways as a Fire Route. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. See By -law No. 2002 -047 F- S- 2002 -05 Chief Administrative Officer Municipal By -Law 80-114, Designation of Fire Access Routes Inclusion of Niagara South Condominium Corporation; 7001 Casey Street; Owner: Niagara South Condominium Corporation No. 42. The report recommends that Council approve the request of Sal DiPietro, on behalf of Niagara South Condominium Corporation No. 42, to designate the private roadways as a Fire Route. -12- ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. See By -law No. 2002 -047 FS- 2002 -06 Chief Administrative Officer Re: Municipal By -Law 80 -114, Designation of Required Fire Access Routes Inclusion of Niagara South Condominium Corporation #57; 2684 Mewburn Road; Owner: Niagara South Condo Corp. #57. The report recommends that Council approve the request of G. Mark Hopkins, on behalf of Shabri Properties Ltd., to designate the private roadways as a Fire Route. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. See By -law No. 2002 -047 RATIFICATION OF THE PARKING TRAFFIC COMMITTEE ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Alderman Feren, that the actions taken by the Parking Traffic Committee, on February 19, 2002 be adopted. MW- 2002 -25 Chairperson, Municipal Parking Traffic Committee Municipal Parking Traffic Committee Recommendations, February 19, 2002 Meeting. 1. MW- 2002 -16 First Avenue between Bridge Street and Maple Street Parking Review that the existing "6:00 p.m. to 12:00 p.m., no parking restriction on the east side of First Avenue, from Bridge Street to a point 45 metres south of Bridge Street (adjacent Pranks Pizza), be removed; 2. MW- 2002 -17 Delta Drive at Glen Drive Intersection Control Review th'at 1) the yield sign be replaced with a stop sign in the eastbound and westbound direction on Petrullo Court/Vivian Court at Delta Drive; and 2) that the yield sign be replaced with a stop sign in the southbound direction on Glen Drive at Delta Drive; 3. MW- 2002 -15 Valley Way between Second Avenue and Willmott Street Speed Hump Review that 1) the attached report be received for information; 2) that staff maintain a list of the areas in the City where speed humps may be implemented in relation to stop signs; 3) that staff report back as to the possibility of doing an EA process for speed humps for the entire City. Carried See By -law No. 2002 -048 See By -law No. 2002 -050 CD- 2002 -08 Chief Administrative Officer Re: Special Occasion Permit. The report recommends that Council indicate that it has no objection to the issuance of a Special Occasion Permit to the organization listed in this report. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. CD- 2002 -09 Chief Administrative Officer Re: Renewal of Franchise Agreement between the City of Niagara Falls and Enbridge Consumers Gas. The report recommends that Council formally approves the By -law and Franchise Agreement with Enbridge Consumers Gas Company Ltd., which was given draft approval in July, 2001. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. See By -law No. 2002 -052 -13- RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the actions taken in Committee -of- the Whole, earlier this evening, be approved: L- 2002 -10 Chippawa Street End Leases that the City enter into the leases with the various lessees as set out in Schedules "A" through "G" and that the said land be declared surplus. The motion Carried with Alderman Federow voting contrary to the motion and with all others voting in favour. RESOLUTIONS NO. 06 FISHER VOLPATTI WHEREAS By -law Nos. 2002 -022 and 2002 -023 were passed by Niagara Falls City Council on January 21, 2002; and WHEREAS the aforementioned By -laws establish a consistent set of minimum zoning by -law provisions for testamentary devise parcels in the former Townships of Willoughby or Crowland; and WHEREAS the aforementioned By -laws establish minimum lot configurations of 60 metres of frontage and one hectare lot area; and WHEREAS the aforementioned By -laws also establish a consistent set of minimum front, side and rear yard building setbacks as well as a minimum building setback from Trans Canada Pipeline or a watercourse; and WHEREAS the aforementioned By -laws apply a protective zoning to lands such as floodplains, creeks and significant wetlands and woodlots that are currently designated as Environmental Protection Area in the Official Plan. THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the City of Niagara Falls reaffirms the passing of By -law Nos. 2002 -022 and 2002 -023. AND The Seal of the Corporation be hereto affixed. The motion Carried with Alderman Pietrangelo abstaining from the vote on a conflict of interest and with all others voting in favour. BY -LAWS Alderman Volpatti requested that the by -law to provide members of Council with an Aldermanic Community Expense Allowance be withdrawn for further revision. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that leave be granted to introduce the following by -laws, and the by -laws be read a first time: 2002 -046 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 36/2001, 6023 Culp Street) 2002 -047 A by -law to amend By -law No. 80 -114, as amended, being a by -law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. 2002 -048 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Parking Prohibited, Stop Signs). 2002 -049 A by -law to amend By -Law No. 96 -50, being a by -law to provide for establishing parking lots in the City of Niagara Falls. 2002 -050 A by -law to amend By -law No. 89 -2000, being a by -law regulating parking and traffic on City roads. 2002 -051 A by -law to authorize the execution of an Electronic Data Transfer Agreement with Her Majesty the Queen in right of the Province of Ontario as represented by the Minister of Transportation. 2002 -052 -14- A by -law to authorize a Franchise Agreement between The Corporation of the City of Niagara Falls and The Consumers' Gas Company Ltd. (Re: Report CD- 2002 -09) 2002 -053 A by -law to amend By -law No. 2001 -01, being a by -law to provide for appointments to certain Boards, Commissions and Committees. 2002 -054 A by -law to designate the property known as the Leeming House, 5781 Highland Avenue, within the City of Niagara Falls, to be of historic and architectural value and interest. 2002 -055 A by -law to authorize monies for General Purposes (March 18, 2002) 2002 -056 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 18 day of March, 2002. The motion Carried with Alderman Wing abstaining from the vote on By -law No. 2002 -046 on a conflict of interest previously noted; Aldermen Campbell and Feren abstaining f rom the vote on By -law No. 2002 -055 on conflicts of interest previously noted and Aldermen loannoni, Orr and Wing voting contrary to By -law No. 2002 -055 and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the following by -laws be now read a second and third time: 2002 -046 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 36/2001, 6023 Culp Street) 2002 -047 A by -law to amend By -law No. 80 -114, as amended, being a by -law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. 2002 -048 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Parking Prohibited, Stop Signs). 2002 -049 A by -law to amend By -Law No. 96 -50, being a by -law to provide for establishing parking lots in the City of Niagara Falls. 2002 -050 A by -law to amend By -law No. 89 -2000, being a by -law regulating parking and traffic on City roads. 2002 -051 A by -law to authorize the execution of an Electronic Data Transfer Agreement with Her Majesty the Queen in right of the Province of Ontario as represented by the Minister of Transportation. 2002 -052 A by -law to authorize a Franchise Agreement between The Corporation of the City of Niagara Falls and The Consumers' Gas Company Ltd. (Re: Report CD- 2002 -09) 2002 -053 A by -law to amend By -law No. 2001 -01, being a by -law to provide for appointments to certain Boards, Commissions and Committees. 2002 -054 A by -law to designate the property known as the Leeming House, 5781 Highland Avenue, within the City of Niagara Falls, to be of historic and architectural value and interest. 2002 -055 A by -law to authorize monies for General Purposes (March 18, 2002) Letter of Condolence -15- 2002 -056 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 1 8"' day of March; 2002. The motion Carried with Alderman Wing abstaining from the vote on By -law No. 2002 -046 on a conflict of interest previously noted; Aldermen Campbell and Feren abstaining f rom the vote on By -law No. 2002 -055 on conflicts of interest previously noted and Aldermen loannoni, Orr and Wing voting contrary to By -law No. 2002 -055 and with all others voting in favour. NEW BUSINESS ORDERED on the motion of Alderman Fisher, seconded by Alderman loannoni, that a letter of condolence be forwarded to the family of the late (Gerald) Jerry McIntosh, a well respected citizen of the community. Carried Unanimously. Vandalism in Schools and Public Facilities ORDERED on the motion of Alderman Fisher, seconded by Alderman loannoni, that Council supports a resolution from the Corporation of the Town of Minto petitioning. the Federal and Provincial levels of Government to create and/or reinstate the necessary legal framework by providing the necessary powers and funding to permit schools, local communities and law enforcement agencies to effectively handle the ever- growing vandalism and violent behaviour problems with the minority of our trouble making youth. Carried Unanimously. Protection of the Environment and Potable Drinking Water ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that Council endorses the resolution from the County of Brant regarding the protection of the environment and that potable drinking water compliance with legislation and regulations are necessary and desirable and requesting the Ontario Ministry of the Environment to reconsider the proposed regulation to recognize that unusual circumstances will occur and that a framework be provided which allows for the extension of deadlines, operating conditions without fear of monetary penalties and that a framework be developed and implemented, that promotes a partnership with municipalities in which the Ministry and the municipality work together on a cooperative basis for the benefit of the citizens of Ontario. Carried Unanimously. Volunteer Firefighters in Jeopardy Alderman Fisher referred to correspondence from the Association of Municipalities of Ontario with respect to firefighters who work full time and who are also volunteer firefighters in the same municipality and those who work full time in one municipality and volunteer in another are being pressured to resign as volunteers or lose their full time jobs, under the International Association of Fire Fighters' Constitution. The communication indicates that the Fire Protection Prevention Act be amended so that "double hatters" remain employed despite the actions of firefighter unions. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that Council is in support of AMO's actions. Carried Unanimously. Miscellaneous Matters Alderman loannoni provided clarification with respect to the issue of defending her beliefs on the budget issue. Alderman Puttick requested that information be provided regarding which Aldermen had voted against the Aldermen's salary increase and who then took the salary increase. Alderman Fisher requested information on how many Alderman sit on and attend the various committee meetings. Stop Sign at Althea and Portage Road ORDERED on the motion of Alderman Volpatti, seconded by Alderman Puttick, that staff be directed to conduct a six -month review with regard to the stop sign at Althea and Portage Road, and further, that a report be brought back to Council on the results. The motion Carried with Aldermen loannoni and Wing voting contrary to the motion and with all others voting in favour. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Puttick, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, -16- DEAN IORFI'DA, CfTY CLERK AYNE THOMSON, MAYOR