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2002/04/15READ AND ADOPTED, NINTH MEETING COMMITTEE -OF- THE -WHOLE Council met on Monday, April 15, 2002 at 4:00 p.m. in Committee -of -the Whole. All members of Council, with the exception of Aldermen Campbell and Orr, were present. Alderman Norm Puttick presided as Chairman. Following consideration of the items presented, the Committee -of- the -Whole did not rise to report in open session. AAP Dr.t I r DEAN IOR IDA, CITY CLERK WAYNE THOMSON, MAYOR PLANNING MEETING Council met on Monday, April 15, 2002 at 6:00 p.m. for the purpose of considering Planning and Regular Business matters. All members of Council, with the exception of Aldermen Campbell and Orr, were present. Alderman Selina Volpatti offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTEREST Committee Room #2 April 15, 2002 Council Chambers April 15, 2002 Alderman Craitor indicated a pecuniary interest on Report F- 2002 -24, Cheque Nos. M93349 and 266905 because a member of his family is employed by the Region. Alderman Federow indicated a pecuniary interest on Report MW- 2002 -41, because a member of his family is employed by the recipient. Alderman Fisher indicated a pecuniary interest on Report Nos. PD- 2002 -40 and MW- 2002 -47 because members of her family are employed by the Niagara 21s Group Inc. Alderman Pietrangelo indicated a pecuniary interest on Report MW- 2002 -41, because the Niagara Catholic District School Board is his employer. Alderman Volpatti indicated a pecuniary interest on Report Nos. PD- 2002 -40 and MW- 2002 -47, because a member of her family is employed by Niagara 21' Group Inc. -2- Mayor Thomson indicated a potential conflict of interest on Report PD- 2002 -36, Falls Avenue Master Plan. DEPUTATIONS Ms. Kim Stasiak, RN, Emergency Nurses Association of Ontario provided information on the development of the Niagara Health Coalition; advised that Canadians are challenged to protect, restore and upgrade where necessary our public Medicare system and requested that Council support Canada's public health care system and the principles of the Canada Health Act by calling upon the Romanow Commission, and the Federal and Provincial governments to ensure that the principles of the Canada Health Act are maintained, and the public health care system is publicly delivered and upgraded where necessary, and that adequate public funding be provided to do so and requested that the City of Niagara Falls proclaim May 15, 2002 as "National Public Medicare Day His Worship Mayor Thomson thanked Ms. Stasiak for her presentation. ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that the resolution be approved and further, that a copy be forwarded to the Association of Municipalities of Ontario. Carried Unanimously. PLANNING MATTERS PD- 2002 -32 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM-08/2002, 6257 Dunn Street; Applicant: Michel Lukac: Agent: G. Steenburg; Proposed Bed BreakfastAccommodations. The report recommends that Council approve the Zoning By -law amendment application to permit the existing dwelling at 6257 Dunn Street to be used as a tourist home (bed breakfast) containing not more than four (4) rooms for tourists. -AND Communication No. 39 Regional Niagara, Planning and Development Department. The communication advises as having no objections to the approval of the application. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by prepaid First Class mail on March 15, 2002. His Worship Mayor Thomson received indication that Mr. G. Steenburg, Agent, was in attendance on behalf of the applicant, and received a negative response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. The Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; The Proposal; The Planning Review; advised that application was within the intent and purpose of the Official Plan respecting Bed Breakfasts; that the residential character of the property would be maintained, with sufficient lot area for parking and amenity space, and staff were recommending approval. -3- 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. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 08/2002, closed. ORDERED on the motion of Alderman Craitor seconded by Alderman loannoni, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Craitor, seconded by Alderman loannoni, that the correspondence be received and filed. Carried Unanimously. See By -law No. 2002 -063 PD- 2002 -38 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM -06/2002, 4448 Ellis Street; Applicant: Frank Spadafora; Agent: Chris Cristelli; Proposed Bed Breakfast Accommodation. The report recommends that Council approve the Zoning By -law amendment application to permit the existing dwelling at 4448 Ellis Street to be used as a tourist home (bed and breakfast accommodation) containing not more than two rooms for tourists. 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 15, 2002. His Worship Mayor Thomson received indication that Mr. Chris Cristelli, Agent, was in attendance on behalf of the applicant, and received a negative response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. The Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; The Proposal; The Planning Review; advised that application was within the intent and purpose of the Official Plan respecting Bed Breakfasts; that the application would not alter the character of the neighbourhood and therefore, staff were recommending approval. 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. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 06/2002, closed. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the correspondence be received and adopted. Carried Unanimously. -4- PD- 2002 -35 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM-07/2002, 4741 Zimmerman Avenue; Applicant: Tony Anna D'Amico; Proposed Bed Breakfast Accommodation. The report recommends the following: 1. That Council approve the Zoning By -law Amendment application to permit the single detached dwelling currently under construction at47641 Zimmerman Avenue, to be used as a tourist home (bed breakfast accommodation) containing not more than four rooms for tourists; 2. That the amending by -law include site specific provisions regulating the extent of parking in the front yard. -AND Communication No. 41 Deborah Kehue, 4755 Zimmerman Avenue. The communication expresses concerns that front yard parking will be permitted. Communication No. 42 David Tetrault, 4761 Zimmerman Avenue. The communication expresses concerns with respect to permitting parking for four vehicles in the front of the property. Communication No. 43 Regional Niagara, Planning and Development Department. The communication advises as having no objections to the proposed use, but expresses the opinion that the City should consider prohibiting or limiting front yard parking in order to maximize the amount of landscaped space. Communication No. 44 Ana Svetozar Malesev Kole, 4248 Huron Street. The communication expresses concerns that the proposed development would block the sunlight and views from their living, dining room and guest areas; and further expresses concerns with respect to the proposed front yard parking. Communication No. 45 Joanne Fonzi, Niagara Falls Bed Breakfast Association, 5359 River Road. The communication advises that the Niagara Falls Bed Breakfast Association is in full support of the re- zoning application. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by prepaid First Class mail on March 15, 2002. His Worship Mayor Thomson received indication that Mr. R. Vacca, Solicitor, 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. The Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; The Proposal; The Planning Review; advised that application conforms to the the intent and purpose of the Official Plan respecting Bed Breakfasts; indicated that parking concerns had been expressed and based on that information, staff were recommending that the amending by -law include site specific provisions regulating the extent of parking in the front yard. -5- 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. During the discussion, it was suggested that the report be amended to include four parking spaces in the front yard. Mr. Vacca advised that his client was willing to accept the suggested amendment of including four parking spaces in the front yard; he stated that the development would be a huge asset to the area; advised that the Niagara Falls Bed Breakfast Association was in favour of the development and requested that Council support the proposed application. Concerns were expressed with respect to the established standards in the area with regard to parking and the Director of Planning and Development provided clarification on the parking criteria for Bed Breakfast establishments. Mr. Vacca responded to concerns expressed that other Bed Breakfast applicants had been advised they could not, under any circumstances, have front yard parking; he clarified that the City's Zoning By -law had a minimum requirement for front yard setback of 20 feet and that his client had 45 feet of frontage; other applicants did not have the requisite frontage. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 07/2002, closed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren, that the report be approved as amended to include the 4 parking spaces in the front yard. The motion Carried with Aldermen Federow and Wing voting contrary to the motion and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the correspondence be received and adopted. Carried Unanimously. PD- 2002 -37 Chief Administrative Officer Re: Extension of a Temporary Use By- law; AM -09/2002, 6361 Fallsview Boulevard and the SW corner of Stanley Avenue and Murray Street; Applicant: 876891 Ontario Limited; Agent: John Broderick; Proposed Off -site parking for the Hilton Hotel. The report recommends that Council approve a one -year extension to the temporary use by -law permitting the land on the southwest corner of Stanley Avenue and Murray Street to be used for off -site parking for the Hilton Hotel, conditional on the outstanding matters listed in this report being satisfied. AND Communication No. 46 Regional Niagara, Planning and Development Department. The communication advises as having no objection to the approval of the application and further that the City should be satisfied that there is a reasonable commitment by the hotel to eventually provide on -site parking or a suitable alternative to meet long -term parking needs. 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 26, 2002. His Worship Mayor Thomson received indication that Mr. John Broderick, Solicitor, was in attendance on behalf of the applicant, and received a negative response to his request for a show of hands by persons present who were interested in the application. -6- He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. The Director of Planning and Development advised that the requested extension referred to Parcel #2 for off -site parking; he stated that the by -law would expire on April 17, 2002 and that a one -year extension of a temporary use by -law was being requested; he reviewed the outstanding conditions which included landscaping of the on -site parking area; the accommodation of storm drainage; on- street bus "lay -by" area; sanitary sewer extension along Murray Street; security deposits; the site plan agreement; and building permits. He advised that staff were recommending approval of the one -year extension subject to the following conditions being satisfied within the one -year time frame: 1) signature and registration of the site plan agreement; 2) deposition of all securities required of the applicant and 3) satisfaction of all building permit issues. 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. Concerns were expressed with respect to staffs handling of the report and questions were raised as to why staff would be recommending an extension when seven conditions still had not been met. The Executive Director of Corporate Services responded that staff had been aware of the problems being encountered and were working with the owner of the location to address the concerns such as ownership issues; cash flow problems and the ongoing negotiations of long -term leases with the Hydro. He stated that the report was a culmination of staffs work with the applicant regarding those issues. In response to questions raised as to the consequences of the request being denied, the Director of Planning and Development stated that the development requires parking and upon the expiration of the by -law, the development would not meet the parking criteria and the consequence would be that a portion of the building would have to cease operating as a hotel. Mr. John Broderick reviewed and commented on the conditions put forward in the Recommendation Report. He explained that his clients were waiting for the completion of the Streetscape Master Plan to address site plan and landscaping issues, storm drainage for the parking lot would only be required, if the lot was still in use after five years, bus parking would be determined in light of plans for the permanent casino and that his clients would hook into the sewer to be constructed along Murray Street. The Director of Municipal Works responded to concerns expressed regarding basement flooding in the area and the accommodation of storm drainage and sanitary sewer extension along Murray Street. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 09/2002, closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the report be received and adopted, subject to having a six -month review of the matter. The motion Carried with Aldermen loannoni and Wing voting contrary to the motion and with all others voting in favour. -7- ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the correspondence be received and adopted. Carried Unanimously. See By -law No. 2002 -066 PD- 2002 -39 Chief Administrative Officer Re: Requests for Extension to Draft Plan Approval; Williams Subdivision, 26T -93011 (Revised); Williams Subdivision Plan 2, 26T- 94001; Owner: River Realty Development (1976) Inc. The report recommends that Council support a one -year extension to draft plan approval for the Williams Subdivision and Williams Subdivision Plan 2, conditional on the applicant maintaining the appropriate subdivision signs on the properties for public information purposes. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. PD- 2002 -40 Chief Administrative Officer Re: Application for Site Plan Approval; SPC- 0612002, Niagara 21' Group Inc., Marriott Courtyard, 5950 Victoria Avenue. The report recommends the following: 1. That Council receive the staff report and approve the site plan amendment for a restaurant expansion on the Marriott Courtyard property, subject to the applicant supplying a letter of intent or undertaking stating that no further expansions will take place on the site until the Functional Design and Feasibility Study has been approved by Council; 2. That Council direct staff to initiate a Functional Design and Feasibility Study to establish design criteria for the Grand Boulevard and the vehicular and pedestrian linkages thereto. AND Communication No. 47 Broderick Partners. The communication advises that in the event that the City of Niagara Falls expropriates part of the Niagara 21s Group Inc. lands known as 5950 Victoria Avenue for the purposes of the development of an extension of Ferry StreetNictoria Avenue to the proposed Grand Boulevard to be located along the former CP Railway lands and that if the City further requires to expropriate lands upon which Niagara 21s Group Inc. intends to construct an addition to the existing dining facility located at the Courtyard by Marriott Niagara Falls Hotel, they will not request compensation for the value of the proposed restaurant addition to the existing Courtyard by Marriott Niagara Falls Hotel building; and advises that this agreement refers only to the value of the proposed addition to the building. Ms. Italia Gilberti, Solicitor, Broderick Partners referred to correspondence (Communication No. 47) forwarded to the City and requested that Recommendation #1 be amended by deleting "subject to the applicant supplying a letter of intent or undertaking stating that no further expansions will take place on the site until the Functional Design and Feasibility Study has been approved by Council and requested that Council approve the request. In response to enquiries as to the costs and the timeframe associated with the Functional Design and Feasibility study for the Grand Boulevard, the Director of Planning and Development advised the cost could be approximately $20,000; and suggested that the study be initiated as soon as possible. Following the discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that Recommendation #1 be amended to indicate that Council receive the staff report and approve the site plan amendment for a restaurant expansion on the Marriott Courtyard property. The motion Carried with Aldermen Fisher and Volpatti abstaining from the vote on conflicts of interest previously noted. -8- ORDERED on the motion of Alderman Feren, seconded by Alderman loannoni, that Recommendation #2 be received and adopted. The motion Carried with Alderman Puttick voting contrary to the motion; and with Aldermen Fisher and Volpatti abstaining from the vote on conflicts of interest previously noted. PD- 2002 -36 Chief Administrative Officer Re: Falls Avenue Master Plan. The report recommends the following: 1. That Council support the conceptual Falls Avenue Master Plan; 2. That staff continue to work with Canadian Niagara Hotels Inc., to satisfy concerns respecting the proposed sidewalk works, signage (on public and private lands) and traffic safety issues; 3. That the applicant provide all required information regarding any encroachments into the Falls Avenue and Clifton Hill rights -of -way and sign all required agreements prior to construction; 4. That the Clifton Hill BIA be consulted with and its comments obtained prior to the commencement of construction; 5. That approval be obtained from the Ministry of Transportation (MTO) and the Niagara Parks Commission (NPC) for the aspects of the proposed works under these agencies' jurisdiction. -AND Communication No. 48 Mr. Toshi Takishita, Tremayne -Lloyd Partners, Solicitors on behalf of Beefeater (Niagara) Limited and C.I. Burland Properties Limited, owners of the land adjacent to lands owned by the Canadian Niagara Hotels Inc. The communication advises of being in attendance at the April 15, 2002 Council meeting to make a submission. Chair. His Worship Mayor Thomson declared a conflict of interest and relinquished the Alderman Norm Puttick assumed the Chair. Acting Mayor Norm Puttick received indication that Mr. Charles Burland and Mr. Toshi Takishita, Solicitor, were in attendance and wished to address Council. Mr. Charles Burland, who was in attendance on behalf of Beefeater (Niagara) Limited, 4943 and 4945 Clifton Hill, took issue with the methods employed by Canadian Niagara Hotels in seeking municipal approvals and the City accommodating these various applications. He felt that minor variance applications, which had been handled in a piece meal fashion, together required by -law amendments. Mr. Burland referred to the lack of transparency in the City's public decision making process, the impropriety of recent Committee of Adjustment approvals and Council's approval of a fountain encroachment on a public sidewalk with no public input; expressed safety concerns associated with the fountain during icy conditions in the winter; suggested that should the streetscaping plan proceed, that consideration be given to the interests of the surrounding business owners and that it proceed in adherence to applicable plans and procedures. -9- Mr. Toshi Takishita, Solicitor for Beefeater (Niagara) Limited, commented on concerns regarding the direction of signage and the obstruction of views of adjacent property owners; access; and the impact on traffic and pedestrian flows. Ms. Italia Gilbert requested that Recommendation #4 be amended to reflect that the Clifton BIA be consulted with respect to traffic lights and the crosswalk. Following the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Wing, that an amendment to Report PD- 2002 -36 include Recommendation #6 indicating that the impact on the surrounding businesses be studied. Aldermen Fisher and Pietiangelo indicated opposition to the proposed amendment. Following further discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that Recommendation #4 be amended to indicate that the Clifton Hill BIA be consulted with and its comments obtained with respect to traffic lights and the crosswalk issue prior to the commencement of construction. ORDERED on the motion of Alderman Wing, seconded by Alderman Craitor, that Recommendation #6 be approved. The motion was Defeated with Aldermen Craitor, loannoni and Wing voting in favour and with all others voting in opposition. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that Recommendations #1, #3 and #5 and Recommendation #4 as amended, be received and adopted. The motion Carried. His Worship Mayor Thomson resumed the Chair. Following the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that a report be brought back to Council on the allegations made by Mr. Burland of staff and the Administration. The motion Carried with Alderman Wing voting contrary to the motion and with all others voting in favour. Letter of Condolence REGULAR COUNCIL ADOPTION OF MINUTES ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor that the Minutes of April 8, 2002 be adopted as printed. Carried Unanimously. MAYOR'S :REPORTS. ANNOUNCEMENTS. REMARKS ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that a letter of condolence be forwarded to the family of the late Evelyn Suzanne "Evy" Hendershot, mother of the late Alderman Gary Hendershot. Carried Unanimously. Declare Seat Vacant -10- ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that Council declare vacant the seat of the late Gary Hendershot, an Alderman for Ward 3, in the City of Niagara Falls and that Council appoints the runner -up in Ward 3 from the most recent Municipal Election to fill the seat declared vacant. Carried Unanimously. Best Wishes for Speedy Recovery ORDERED on the motion of Alderman Feren, seconded by Alderman Volpatti, that a letter be forwarded to Daniel Woods, a student at Orchard Park Elementary School who had addressed Council on the Excellence in Education, for a speedy recovery on his recent accident. Carried Unanimously. COMMUNICATIONS Communication No. 49 Royal Canadian Naval Association Re: Proclamation. The communication requests that Council proclaim April 29 May 3r 2002 as Battle of the Atlantic Week and further that authorization be given to conduct a short Flag Raising ceremony on April 29 2002 in front of City Hall at 9:15 a.m. ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that the request be approved. Carried Unanimously. Communication No. 50 Canadian Mental Health Association Re: Proclamation. The communication requests that Council proclaim the week of May 6 to May 12 2002 as Mental Health 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. 51 Bob Rodger, 127 Westwood Crescent, Welland, Ontario Re: Golf fees at par with the U.S. The communication expresses concerns regarding the high rate of $130.00 Canadian for golf fees being charged and requesting Council support to have the Niagara Parks Commission consider accepting the golf fees at par with the American counterparts. ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that the matter be referred to the Niagara Parks Commission. Carried Unanimously. REPORTS MW- 2002 -08 Chief Administrative Officer Re: Policy and Procedures for Road Occupancy Permits. The report recommends that the City of Niagara Falls adopt the Policy and Procedures for Road Occupancy Permits and pass the associated Access By- law and Obstruction By -law. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. See By -law No. 2002 -064 See By -law No. 2002 -065 MW- 2002 -41 Chief Administrative Officer Re: Beaverdams Road at Rysdale Street/Magnolia Drive School Crossing Guard Review. The report recommends the following: 1. That the assistance of a school crossing guard be removed from the intersection of Beaverdams Road and Rysdale Street/Magnolia Drive; 2. That the existing "Turn" sign facing westbound motorists on Beaverdams Road east of Rysdale Street/Magnolia Drive be relocated to the west side of the intersection and replaced with a "Sharp Curve" warning sign; 3. That this intersection be reviewed once again for the possible placement of a school crossing guard upon a full buildup of the Orchard Grove Subdivision and when sidewalks are constructed on Rysdale Street, Magnolia Drive and on the south side of Beaverdams Road. ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that the report be received and adopted. The motion Carried with Aldermen Federow and Pietrangelo abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. MW- 2002 -42 Chief Administrative Officer Re: Kister Road at Progress Street, Intersection Control Review. The report recommends that the existing yield signs located at the intersection of Kister Road and Progress Street for northbound and southbound traffic be replaced with stop signs. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. MW- 2002 -46 Chief Administrative Officer Re: Rodent Control. The report recommends that Council support the elimination of the skunk and groundhog control program presently offered to private residential property owners and on civic property. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and adopted. The motion Carried with Alderman Federow abstaining from the vote on a conflict of interest and with all others voting in favour. MW- 2002 -47 Chief Administrative Officer Re: CN /CP Railway Corridor Land Purchase. The report recommends that the City exclude from the railway corridor purchase, as provided for in the agreement, the lands that have been identified as contaminated within the north end of the line. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the report be received and adopted. The motion Carried with Alderman Fisher and Volpatti abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. R- 2002 -15 Chairperson, Arts Culture Commission Re: Singing of the National Anthem. The report recommends that the report is for the information and direction of Council. -AND Correspondence from the City Clerk to the Chair of the Arts Culture Commission, suggesting that the National Anthem could be sung on special occasions and indicating that appropriate dates could be reviewed. ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. R- 2002 -18 Chief Administrative Officer Re: Parks and Field Use 2002 Schedule. The report recommends that the Schedules for Special Events and Regular Use of Parks, Athletic Fields, and School Grounds, be approved by City Council. ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, 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. -12- F 2002 24 Chief Administrative Officer Re: Municipal Accounts. The report recommends that the City Council approve the municipal accounts totalling $4,120,271.69 for the period ending April 15, 2002. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, thatthe report be received and adopted. The motion Carried with Alderman Craitor abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. Alderman Orr requested clarification on Cheque No. 266905. See By -law No. 2002 -067 F- 2002 -25 Chief Administrative Officer Re: Extension Agreement, Montrose Road ES Greenworld Enterprises Roll #2725 130 004 19258. The report recommends that Council approve the extension agreement for Montrose Road as proposed by Mr. Jim Maraschiello, President of Greenworld Enterprises. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. BY -LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that leave be granted to introduce the following by -laws, and the by -laws be read a first time: 2002 -063 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 08/2002, 6237 Dunn Street) 2002 -064 A by -law to prohibit the obstructing, encumbering or fouling of highways and to regulate the crossing of curbings, sidewalks, boulevards and parkland. 2002 -065 A by -law for prohibiting or regulating the injuring of highways or bridges and for closing temporarily any highway or portion of a highway under the jurisdiction of the City of Niagara Falls for any period during the construction, repair or improvement of such highway. 2002 -066 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 09/2002, 6361 Buchanan Avenue, part of Stanley St.) 2002 -067 A by -law to authorize monies for General Purposes (April 15, 2002) 2002 -068 A by -law to amend By -law No. 99 -140, as amended, being a by -law to appoint municipal by -law enforcement officers for the City of Niagara Falls. 2002 -069 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on April 15, 2002. The motion Carried with Alderman Wing voting contrary to By -law No. 2002 -066; and Alderman Craitor abstaining from the vote on By -law No. 2002 -067 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, thatthe following by -laws be now read a second and third time: 2002 063 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 08/2002, 6237 Dunn Street) 2002 -064 A by -law to prohibit the obstructing, encumbering or fouling of highways and to regulate the crossing of curbings, sidewalks, boulevards and parkland. Current OPSEU Strike Clarification on Comments Made Fixed Payments on Hydro Property -13- 2002 -065 A by -law for prohibiting or regulating the injuring of highways or bridges and for closing temporarily any highway or portion of a highway under the jurisdiction of the City of Niagara Falls for any period during the construction, repair or improvement of such highway. 2002 -066 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 09/2002, 6361 Buchanan Avenue, part of Stanley St.) 2002 -067 A by -law to authorize monies for General Purposes (April 15, 2002) 2002 -068 A by -law to amend By -law No. 99 -140, as amended, being a by -law to appoint municipal by -law enforcement officers for the City of Niagara Falls. 2002 -069 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on April 15, 2002. The motion Carried with Alderman Wing voting contrary to By -law No. 2002 -066; and Alderman Craitor abstaining from the vote on By -law No. 2002 -067 on conflicts of interest previously noted and with all others voting in favour. NEW BUSINESS His Worship Mayor Thomson referred to correspondence received from the Heavy Construction Association of Regional Niagara with respect to the current OPSEU Strike and its affect on the Heavy Construction Industry and requesting that Council support their position in bringing an immediate end to this strike and allow Ontario construction projects to resume. ORDERED on the motion of Alderman Fisher, seconded by Alderman loannoni, that Council supports the position of the heavy construction industry in bringing an immediate end to the OPSEU strike in order to allow Ontario construction projects to resume. Carried Unanimously. His Worship Mayor Thomson read a letter from the Executive Assistant to the Mayor providing clarification on comments made at a recent Council meeting and to an article that had been published in the N.F. Review referring to "reputation management Alderman Selina Volpatti referred to Hydro owning approx. 12,000 acres in the City of Niagara Falls and advised that due to the sale of Hydro property, the City has lost approximately 1 million dollars she commented that the value of the property is a fixed rate per acre and requested how this rate was arrived at. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that a letter be forwarded to the Minister of Finance requesting information on how rates per acre for Hydro property are arrived at. Carried Unanimously. Skateboard Park Alderman Carolynn loannoni referred to submissions received through the Mayor's Youth Advisory Committee on "Design Your Own Skate Park" contest and of concerns expressed by the youth in our community regarding the funding of a skate park. The Director of Parks, Recreation and Culture provided comments on the matter and the Executive Director of Corporate Services advised that some funding for the project had been designated in this year's budget and the remaining funds required were to be set aside in the budget for 2003. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, i A ITY Y DEAN IORFI CLERK -14- WAYNE THOMSON, MAYOR