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2002/05/13Council met on Monday, May 13, 2002 at 4:30 p.m. in Committee -of -the Whole. All members of Council, with the exception of Aldermen Federow and loannoni, were present. Alderman Wayne Campbell presided as Chairman. Committee Room #2 May 13, 2002 Following consideration of the items presented, the Committee -of- the -Whole rose to report in open session. READ AND ADOPTED, TWELFTH MEETING COMMITTEE -OF- THE -WHOLE DEAN IO AC C ITY CLERK WAYNE THOMSON, MAYOR PLANNING MEETING Council Chambers May 13, 2002 Council met on Monday, May 13, 2002 at 6:00 p.m. for the purpose of considering Planning and Regular Business matters. All members of Council, were present. Alderman Shirley Fisher offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTEREST Alderman Craitor indicated a pecuniary interest on Report F- 2002 -34, Cheque Nos. 267288; 267436; 267338 and 267499 because a member of his family is employed by the Region. Alderman Fisher indicated a pecuniary interest on Report No. F- 2002 -34, Cheque No. 267431 dealing with railway crossings. Aldermen Federow and loannoni indicated conflicts of interest on the Committee -of- the Whole dealing with labour negotiations. Alderman Pietrangelo indicated a conflict of interest on Report PD- 2002 -46. Alderman Volpatti indicated a conflict of interest on Report MW- 2002 -52 from Community Services Committee because her daughter is employed by the Marriott Hotel; and indicated a conflict of interest on Report MW- 2002 -50 from Community Services Committee because her husband is a member of Club Italia. -2- PRESENTATIONS Stamford Skating Club His Worship Mayor Thomson acknowledged and congratulated the team members and Coach of the Stamford Skating Club's "Stamford Sensations" for winning the Provincial title in the Juvenile Synchro Skating Division. Ward System Niagara Falls Fire Department His Worship Mayor Thomson recognized Niagara Falls Firefighter, Andy Gill, for his outstanding courage and quick thinking in the saving of human lives. DEPUTATIONS 2002 Vineyard Cycle Tour Ms. Katherine Nelson, Events Manager, Heart Niagara was in attendance representing the 2002 Vineyard Cycle Tour taking place on May 25, 2002 at Queenston Heights Park; she advised that the monies raised would support the Niagara Schools Program developed by Dr. Stafford Dobbin to reach over 4,300 grade nine students in the Niagara Region to include CPR training,blood pressure and cholesterol testing, and classroom teaching around heart healthy lifestyle choices. She invited members of Council and the community to join the Third Annual Vineyard Cycle Tour challenge. Niagara Healthy Environment Initiative Ms. Cathy Shotter expressed concerns regarding the use of pesticides and its effects and discussed the use of safe and alternative non -toxic methods; and requested that Council consider banning the use of pesticides; and introduced Mr. Jim McLaughlin, CAW, Niagara Region Environment Council, who discussed the harmful effects of pesticides on human health and suggested that each community is obliged to look at these issues and requested that Council consider passing a by -law to ban cosmetic pesticide use. ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool, that the matter be referred to staff and to the Environmental Planning and Greening Committee. Carried Unanimously. Mr. Frank DeLuca reviewed the ward and at -large systems and offered the following alternative proposals: the realignment of boundaries and reduction to four wards, which would have representation equal to the number of voters per ward for a total of twelve. He expressed the opinion that the biggest concern of the ward system proponents was to have fair representation and that the realignment of the boundaries would continue that purpose; he further suggested that the term "Alderman" be changed to "Councillor Reference was made to a Chamber of Commerce survey sent out to it's 700 members which asked the questions "Do you support the reduction of Niagara Falls Council from twelve (12) to eight (8) elected Aldermen and "Do you support the abolishment of the ward system in Niagara Falls with approximately 67 responses received representing 10% of the membership On the motion of Alderman Orr, seconded by Alderman Wing, that Ms. Bernadette Secco be permitted to address Council. Carried Unanimously. Ms. Bernadette Secco suggested that a public meeting be scheduled in September to address the issues, gather more information and obtain public input. Following the discussion, it was ORDERED on the motion of Alderman Feren, seconded by Alderman Campbell, that the number of Aldermen be downsized to 8. The motion Carried with the following recorded vote: AYE: Alderman Campbell AYE: Alderman Feren AYE: Alderman Fisher AYE: Alderman Janvary-Pool NAYE: Alderman Craitor NAYE: Alderman Federow NAYE: Alderman loannoni On the motion of Alderman Orr, seconded by Alderman loannoni, that Mr. Wayne Gates be permitted to address Council. The motion Carried Mr. Wayne Gates commented that the residents should have been advised that this matter was coming before Council and expressed the opinion that it was wrong to have a vote on these issues at the present time and that a public meeting should be held to provide an opportunity for the residents to discuss the matters. Following the discussion, it was ORDERED on the motion of Alderman Feren, seconded by Alderman Campbell, that the existing ward system be replaced by an at -large system. The motion Carried with the following recorded vote: AYE: Alderman Campbell AYE: Alderman Feren AYE: Alderman Fisher AYE: Alderman Janvary-Pool NAYE: Alderman Craitor NAYE: Alderman Federow NAYE: Alderman loannoni -3- PLANNING MATTERS AYE: Alderman Pietrangelo AYE: Alderman Puttick AYE: Alderman Volpatti AYE: Mayor Thomson NAYE: Alderman Orr NAYE: Alderman Wing AYE: Alderman Pietrangelo AYE: Alderman Puttick AYE: Alderman Volpatti AYE: Mayor Thomson NAYE: Alderman Orr NAYE: Alderman Wing PD- 2002 -43 Chief Administrative Officer Re: Zoning By -law Amendment Application; Temporary Use By -law; AM- 1512002, 5815 Victoria Avenue and 5740 Ellen Avenue; Applicant: 1057748 Ontario Inc., Agent: Brandon Boone; Proposed Temporary Off -Site Parking for Pump's Night Club. His Worship Mayor Thomson received indication that the applicant was requesting a one month deferral pending further discussions with the City. -4- ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the matter be deferred for one month at the request of the applicant. Carried Unanimously. PD- 2002 -44 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 13/2002, East side of Oakwood Drive and North of McLeod Road; Applicant: Everguard Coatings International Ltd., Proposed Ice skating Rink and Ancillary Recreational Uses. The report recommends the following: 1. That City Council approve the Zoning By -law amendment application to add "recreational use" to the Light Industrial (LI) zone on the subject lands; 2. That City Council pass the zoning by -law, included in tonight's agenda, to implement the proposed amendment. AND Communication No. 60 The Regional Municipality of Niagara, Planning and Development Department. The communication advises as having no objection to 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 April 12, 2002. His Worship Mayor Thomson received indication that the applicant was in attendance, 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. 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- 13/2002, closed. ORDERED on the motion of Alderman Feren, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Feren, seconded by Alderman Campbell, that the correspondence be received and filed. Carried Unanimously. See By -law No. 2002 -078 PD- 2002 -45 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 33/2002, 6039 Fallsview Boulevard; Applicant: Orsini Bros. Inns Inc., Agent: Italia Gilberti, Broderick Partners; Proposed 29- storey Hotel. The report recommends that Council deny the Zoning By -law amendment application for a 29- storey hotel at 6039 Fallsview Boulevard as it does not comply with the intent and purpose of the City's Official Plan. -5- -AND Communication No. 61 The Regional Municipality of Niagara, Planning and Development Department. The communication advises as having no objection to the approval of this application. -AND Communication No. 62 Mr. Patrick Kong, 3414574 Canada Inc., 3888 North Fraser Way, Unit 8, Burnaby, B.C. The communication advises as objecting to the application to amend zoning By -law No. 79 -200, pertaining to the land known as 6039 Fraser Boulevard. -AND Communication No. 63 EconoLodge. The communication advises as being in support of the proposal. 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 April 12, 2002. His Worship Mayor Thomson received indication that Ms. Italia Gilberti, 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. 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 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; advised that Planning staff were not recommending approval of the proposal because it was not within the intent and purpose of the Official Plan; and that the 29- storey building did not comply with the design criteria and could result in significant and substantive impacts to the skyline and surrounding lands. Ms. Italia Gilberti advised that they were not in agreement with staffs recommendation; she reviewed the OMB decisions dealing with building height; referred to the objectives of high quality design of buildings with high quality relationships between the buildings and their environment; stated the opinion that the applicant does meet the objectives; she reviewed and provided her response to staffs comments dealing with building height; design criteria; visual impact; advised that the proposal would have no environmental or shadowing impact; referred to the unique design of the building, stated it does not offend or contravene any specific Official plan policies and she requested approval of the proposal. In response to questions raised, the Deputy Director of Planning and Development provided clarification on building frontage guidelines; visual impact of high rise buildings along the escarpment and those that are set back. 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. -6- Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 33/2002, closed. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the Council permit the requested zoning amendment to increase the height limit for 15 Storeys to 29 Storeys subject to Section 37 Agreement regarding a revised Storm Water Management plan. Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that staff review the policies respecting high rise buildings away from the edge of the escarpment and prepare design guidelines on the matter. Carried Unanimously. PD- 2002 -46 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 11/2002, southwest corner of Mount Carmel Boulevard and Cardinal Drive; Applicant: Bri -Mel Developments Limited; Proposal for Five Lots for Single Detached Dwellings. The report recommends the following: 1. That Council approve the Zoning By -law amendment application to rezone the lands as R1 B with special provisions for landscaping and to prohibit the construction of buildings and dwellings below the 188 metre goedetic contour elevation; 2. That Council refer rezoning the lands along Shriner's Creek within the Regional flood line, to the City's Consultant to be considered as part of the comprehensive zoning by -law review; 3. That Council pass the zoning by -law included in tonight's agenda to implement the proposed development. -AND Communication No. 64 Regional Niagara, Planning and Development Department. The communication advises as not being opposed to the proposed zoning by -law amendment application subject to a more restrictive zoning being established for the flood plain. 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 April 12, 2002. His Worship Mayor Thomson received indication that the applicant was in attendance 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. 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. -7- The Deputy Director of Planning and Development advised that the secondary plan sets a housing mix goal of 60% low density and a 40% multiple housing and since there would not be any further impact on the ratio, Planning staff were recommending approval. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 11/2002, closed. ORDERED on the motion of Alderman Feren, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the correspondence be received and adopted. Carried Unanimously. See By -law No. 2002 -091 PD- 2002 -47 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 04/2002, 6170 Stanley Avenue and lands between Murray Street and Main Street; Applicant: Andrew Cserpes; Proposed Off -site Parking for Free Fall Attraction /Restaurant at 6170 Stanley Avenue Height Increase of 6170 Stanley Avenue. The report recommends the following: 1. That City Council approve the request to provide a portion of the required parking for proposed uses on 6170 Stanley Avenue on the Hydro Lands between Murray Street and Main Street; 2. That City Council approve the request to increase the permitted building h eight on 6170 Stanley Avenue from 24 metres to 25 metres; 3. That City Council direct staff to initiate an Official Plan amendment to designate the westerly half of the Hydro Corridor, between Highway 420 and McLeod Road, to an Open Space or similar use. -AND Communication No. 65 Mary Ferencich, 5687 Murray Street. The communication expresses concerns that the proposed parking lot will generate noise, fumes and litter in this residential area.. AND Communication No. 66 Ms. Lea Raven, 5675 Murray Street. The communication expresses opposition to the parking lot in the hydro field adjoining her property. AND Communication No. 67 Inter Departmental Memorandum, Director of Parks, Recreation and Culture. The communication provides clarification as to the necessity for additional parking in the area and advises that the City's Trails Bikeway Master Plan identifies an Off Road Recreation Loop along the hydro corridor and requests that there is a provision for the off road trail in the future. 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 April 12, 2002. His Worship Mayor Thomson received indication that Mr. Guy Ungaro, Solicitor, and the applicant were in attendance, and received a positive response to his request for a show of hands by persons present who were interested in the application. -8- 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 Deputy Director of Planning and Development referred to the subject property with the assistance of posted sketches and reviewed the following information included in the recommendation report: The Proposal; Background; and the Planning Review. He advised that the applicant was proposing a 20 foot buffer and landscaping strip and that the development would be subject to site plan control; he stated that Planning staff were in support of the request to provide a portion of the required parking on the hydro lands between Murray Street and Main Street and to increase the permitted building height from 24 metres to 25 metres. 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. Ms. Aurora Testa, 5717 Murray Street, indicated her opposition to having the hydro lands turned into a parking lot and wished to maintain the residential aspect of the area. The Deputy Director of Planning and Development responded to questions raised with respect to the number of required parking spaces for the hotel /restaurant and on the issue of off -site parking; and advised that the applicant had received approval for the attraction and now they required further parking spaces due to the restaurant expansion. Mr. Guy Ungaro indicated that Council had previously approved an application for an attraction with a restaurant facility; he stated that the restaurant would make this a more viable financial situation and would require more parking spaces; he advised there would be no public parking and that there would be no bus parking permitted on the applicant's off -site parking location; discussed the issue of who would be utilizing this attraction and requested that a traffic study not be a condition of approval because of other concurrent studies taking place in the area. He indicated that the developer had met with the residents in the area to address their concerns. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 04/2002, closed. At the request of Alderman Wing, Recommendation #1 in Report PD- 2002 -47 was dealt with separately. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that Council approve Recommendation #1 to provide a portion of the required parking for proposed uses on 6170 Stanley Avenue on the Hydro Lands between Murray Street and Main Street. The motion Carried with Aldermen loannoni, Orr and Wing voting contrary and with all others voting in favour of the motion. ORDERED on the motion of Alderman Feren, seconded by Alderman Campbell, that Council approve Recommendation #2 to approve the request to increase the permitted building height on 6170 Stanley Avenue from 24 metres to 25 metres; and Recommendation #3 to direct staff to initiate an Official Plan amendment to designate the westerly half of the Hydro Corridor, between Highway 420 and McLeod Road, to an Open Space or similar use. Carried. -9- REGULAR COUNCIL ADOPTION OF MINUTES Alderman Wing requested that the Minutes of the Regular Meeting of April 29, 2002 be amended to accurately reflect the comments made by Mr. Ron Planche and Mr. Felix Pingue. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren that the Minutes of April 29, 2002 be adopted as amended. Carried Unanimously. MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS Art Displays in recognition of Mental Health Week Mayor Thomson referred to the art displays outside Council Chambers in recognition of Mental Health Week and that a letter of congratulations be forwarded to the individuals involved. ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool, that a letter of congratulations be forwarded to the individuals who had participated in the art displayed in recognition of Mental Health Week. Carried Unanimously. City of Niagara Falls Newsletter Mayor Thomson recognized Ms. Sue Forcier in the preparation of an "in house newsletter" and advised that if anyone wished to provide submissions to the newsletter, that they contact Sue Forcier. ORDERED on the motion of Alderman Feren, seconded by Alderman Fisher, that a letter of appreciation be forwarded to Ms. Forcier for her efforts in the creation of the City's Newsletter. Carried Unanimously. Winter Festival of Lights Implications regarding the Sale of Hydro One Mayor Thomson referred to correspondence from the City of Toronto regarding the implications of the Sale of Hydro One and requesting municipalities to support a resolution urging the Ontario Government and the Premier to immediately delay deregulation of Ontario's electricity system and consult with local municipalities to answer concerns regarding the production of energy as it relates to electricity rates and in dealing /controlling with the Hydro Right of Way. ORDERED on the motion of Alderman Feren, seconded by Alderman Fisher, that Council endorses the City of Toronto resolution and that the matter of Hydro right -of -way be referred to staff. Carried Unanimously. A video presentation was provided on the Winter Festival of Lights which is being considered as a potential nation -wide festival winner. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Communication No. 68 The Niagara Shrine Club Re: Proclamation The communication requests that Council proclaim the week of June 2 8, 2002 as "Shriner's Week requesting that a flag raising ceremony be held on Thursday, June 6 2002 and further, requesting that Council waive the facility charge for the Niagara Falls Arena for the Friday and Saturday usage. -10- ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, to proclaim June 2 8, 2002 as "Shriner's Week and to permit the Flag raising ceremony on June 6, 2002. Carried Unanimously. ORDERED on the motion of Alderman loannoni, seconded by Alderman Pietrangelo, to approve the request to waive the facility charge for the Niagara Falls Arena for the Friday and Saturday usage. The motion Carried with Alderman Puttick voting contrary to the motion and with all others voting in favour. Communication No. 69 Stamford Centre Volunteer Fireman's Association Re: 51S Annual Carnival. The communication requests permission to hold their 51' Annual Carnival at the Stamford Green grounds from June 12 to June15, 2002 inclusive. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the request be approved subject to established policy. Carried Unanimously. Communication No. 70a) Correspondence from Margaret Mingle Re: The Friends of the Lundy's Lane Battlefield's Project. -AND Communication No. 70b) Memorandum from Chief Administrative Officer. AND Communication No. 70c) Memorandum from City Clerk -AND Communication No. 70d) Correspondence from City Solicitor -AND Communication No. 70e) E -Mail from Margaret Mingle -AND Communication No. 71a) (Handout) E -Mail from Margaret Mingle. -AND Communication No. 71b) (Handout) E -Mail from Margaret Mingle. ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that the correspondence be received and filed and further, that a letter be forwarded to the Friends of the Lundy's Lane Battlefield requesting the balance of the funds with the exception of the interest owing. Carried Unanimously. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the actions taken in Community Services Committee, earlier this evening be approved: 1. Adoption of the February 18, 2002 Community Services Committee Meeting Minutes; 2. CD- 2002 -13 Sale of Fireworks that the Committee approve the licensing of the three applicants and provide direction to staff to formulate a policy for the future; 3. MW- 2002 -52 Fallsview BI d. Bus Loading /Unloading and Taxi Cab Stands that the parking issues outlined in this report be received for the information of Council; 4. MW- 2002 -50 Northwest Quadrant Servicing Study that staff enter into a cost sharing agreement and further that the consulting firm R.V. Anderson Ltd. be engaged to commence the Class Environmental Assessment Study; 5. MW- 2002 -51 Mid Peninsula Highway EA Status Report that this report be received; 6. MW-2002-59 Niagara International Transportation Technology that authorization be granted for the execution of the renewal of the Memorandum of Understanding Agreement for the term April 1, 2002 through March 31, 2004; 7. MW- 2002 -60 that the flat tax rate be implemented for waste management services for 2002; 8. Jason McLean Request for Financial Assistance that the matter be referred to the Recreation Commission; 9. "New" Municipal Act that Council stated its intentions that one -third of the remuneration paid shall continue as expense incidents to the discharge of their duties as members of the Council. Carried MW- 2002 -56 Chief Administrative Officer Re: Cathodic Protection of Watermains. The report recommends that the unit prices submitted by the low tenderer, Taunton Construction Limited, be accepted. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. MW- 2002 -57 Chief Administrative Officer Re: Installation of Gates and Warning Devices Beaverdams Road and Kalar Road at CN Rail Crossings. The report recommends the following: 1. That Council authorize the execution of the agreements, for cost sharing and future maintenance, for the installation of Short Arm Gates and Constant Warning Control Systems at Beaverdams Road and Kalar Road and the CN Rail Crossings; 2. That staff investigate the installation of maze barriers, on the sidewalks, at the approaches to the abovementioned rail crossings. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. R- 2002 -22 Chairperson, Arts Culture Commission Re: Appointment to Arts Culture Commission. The report recommends that Council appoint Anna Lee to the Arts and Culture Commission. ORDERED on the motion of Alderman Craitor, seconded by Alderman Volpatti, that Anna Lee be appointed to the Arts and Culture Commission and further that an ad be placed in the paper for individuals who are interested in serving on the Commission. Carried Unanimously. FS- 2002 -08 Chief Administrative Officer Re: Purchase and Installation of Address Sign Posts. The report recommends that Council authorize the purchase and installation of rural number address sign posts, over a two -year period, from Spotlight Signs Inc. from St. Catharines, Ontario at a total cost of approximately $35,000.00 including taxes. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the report be deferred. Carried Unanimously. -12- FS- 2002 -09 Chief Administrative Officer Re: Agreement with The Regional Municipality of Niagara Temporary Training Site for Niagara Falls Fire Services Vacant Houses of Apartment Building Roberts Street. The report recommends that Council authorize an extension to the agreements (L- 2002 -18) with The Regional Municipality of Niagara to permit the Niagara Falls Fire Services to temporarily use the property and buildings on Roberts Street for the training of its firefighters. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary-Pool, that the report be received and adopted. Carried Unanimously. F- 2002 -34 Chief Administrative Officer Re: Municipal Accounts. The report recommends that the City Council approve the municipal accounts totalling $3,922,368.83 for the period ending May 13, 2002. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that the report be received and adopted. The motion Carried with Aldermen Craitor and Fisher abstaining from the vote on conflicts of interest previously noted and with all others voting in favour; and Alderman Orr voting contrary to Cheque No. 267412. See By -law No. 2002 -093 L- 2002 -16 Chief Administrative Officer Re: Establishment of Public Highways; Part 1 on 59R -11584 to be known as Oakwood Drive; Part 2 on 59R -11595 to be known as Drummond Road; Part 1 on 59R -11604 to be known as Beaverdams Road; parts 14 and 15 on 59R -11086 to be known as Willick Road. The report recommends the following: 1. That a road widening, being Part 1 on Reference Plan No. 59R- 11584, be established as a public highway, to be known as Oakwood Drive; 2. That a road widening, being Part 2 on Reference Plan No. 59R- 11595, be established as a public highway, to be known as Drummond road; 3. That a daylighting triangle, being Part 1 on Reference Plan No. 59R- 11604, be established as a public highway, to be known as Beaverdams Road; 4. That turning circles, being parts 14 and 15 on Reference Plan No. 59R- 11086, be established as a public highway, to be known as Willick Road. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. See By -law No. 2002 -082 See By -law No. 2002 -083 See By -law No. 2002 -084 See By -law No. 2002 -085 See By -law No. 2002 -086 L- 2002 -22 Chief Administrative Officer Re: Closing and Declaring Surplus Part Unopened Road Allowance; Designated as part 1 on Reference Plan No. 59R- 11691; West of Kalar Road, North of Lundy's Lane. The report recommends that part of the unopened road allowance between Stamford township Lots 122 and 134 designated as Part 1 on Reference Plan No. 59R -11691 be stopped up and closed and declared surplus. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. See By -law No. 2002 -079 See By -law No. 2002 -080 L- 2002 -23 Chief Administrative Officer Re: St. John Ambulance; Lease Agreement with the City; 5734 Glenholme Avenue. The report recommends that Council authorize the attached lease agreement dated February 8, 2002 with St. John Ambulance regarding the property located at 5734 Glenholme Avenue. -13- ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. L- 2002 -24 Chief Administrative Officer Re: Sale of Calaguiro Park. The report recommends the following: 1. That the attached Offer to Purchase from Kybala Ventures Inc. (Appendix "A to purchase part of Block 99 (Calaguiro Park) and parts of Domenic Crescent for $180,000 be accepted; 2. That the City accept part 7, 16 35 on Reference Plan 59R -11579 from Kybala Ventures Inc. for the purposes of forming part of Domenic Crescent and part of the storm water management block located as part of Block 99; 3. That part 7 35 on reference Plan 59R- 11579, be established as a public highway to be known as Domenic Crescent. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. See By -law No. 2002 -092 L- 2002 -25 -Chief Administrative Officer Re: Establishment of One Foot Reserve As a Public Highway Block 23 on draft Plan of Subdivision Meadow Creek Three Subdivision. The report recommends that the one foot reserve described as Block 23 on a draft Plan of Subdivision for Meadow Creek Three Subdivision be established as a public highway, to form part of Barrett Crescent. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. RATIFICATION OF COMMITTEE -OF- THE -WHOLE ACTIONS See By -law No. 2002 -088 See By -law No. 2002 -089 ORDERED on the motion of Alderman Orr, seconded by Alderman Pietrangelo, that the actions taken in Committee -of- the -Whole earlier this evening be approved: That Council ratify the amended collective agreement between the Corporation of the City of Niagara Falls and the Canadian Union of Public Employees and its Local 133 for 2002 to 2004 by passing the By -law appearing on tonight's agenda. The motion Carried with Aldermen loannoni and Federow abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. 2002 -079 BY -LAWS See By -law No. 2002 -094 ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that leave be granted to introduce the following by -laws, and the by -laws be read a first time: 2002 -077 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Stopping Prohibited, Parking Prohibited, standing Prohibited, Parking Meter Zones, Taxi Cab Stands, Loading Zones) 2002 -078 A by -law to amend By -law No. 79 -200, as amended. (Re: Everguard Coatings International Ltd., AM- 13/2002) A by -law to stop up and close parts of the unopened road allowance lying between Stamford Township Lots 122 and 134 being designated as Part 1 on Reference Plan No. 59R- 11691. 2002 -087 Deferred. 2002 -088 -14- 2002 -080 A by -law to declare surplus the closed portion of a road allowance lying between Stamford Township Lots 122 and 134, designated as Part 1 on Reference Plan No. 59R- 11691, and to authorize that public notice be given of said part 1 being declared surplus and of an offer to sell, fora period of 30 days, said part 1 to the abutting owners, in accordance with the Municipal Act, for the appraised value. 2002 -081 A by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal laws. 2002 -082 A by -law to establish Part 14 on Reference Plan No. 59R- 11086, as a public highway, to be known as and to form part of Willick Road. 2002 -083 A by -law to establish Part 15 on Reference Plan No. 59R- 11086, as a public highway, to be known as and to form part of Willick Road. 2002 -084 A by -law to establish Part 1 on Reference Plan No. 59R- 11584, as a public highway, to be known as and to form part of Oakwood Drive/ 2002 -085 A by -law to establish part 2 on Reference Plan No. 59R- 11595, as a public highway, to be known as and to form part of Drummond Road. 2002 -086 A by -law to establish Part 1 on Reference Plan No. 59R- 11604, as a public highway, to be known as and to form part of Beaverdams Road. A by -law to establish Block 23 on draft Plan of Subdivision for Meadow Creek three Subdivision, as a public highway, to be known as and to form part of Barrett Crescent. 2002 -089 A by -law to authorize the execution of a Subdivision Agreement with 527786 Ontario Limited respecting the Meadow Creek Three Subdivision. 2002 -090 A by -law to amend By -law No. 79 -200, as amended. (Re: Frank Spadafora, AM- 06/2002) 2002 -091 A by -law to amend By -law No. 79 -200, as amended and By -law No. 88 -184, as amended. (Re: Bri -Mel Developments Limited, AM- 11/2002) 2002 -092 A by -law to authorize the execution of an Agreement of Purchase and Sale with Kybala Ventures Inc. respecting the sale of lands being Part of Block 99 and part of Domenic Crescent. 2002 -093 A by -law to authorize monies for General Purposes (Re: May 13, 2002) 2002 -094 A by -law to authorize the execution of the 2002 -2004 Collective Agreement with the Canadian Union of Public Employees and its Local 133. 2002 -095 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 13th day of May, 2002. The motion Carried with Aldermen Craitor and Fisher abstaining from the vote on By -law No. 2002 -093; Aldermen loannoni and Federow abstaining from the vote on By -law No. 2002 -094 on conflicts of interest previously noted and with all others voting in favour. On the motion of Alderman Wing, seconded by Alderman Orr, that the correspondence dealing with By -law No. 2002 -087 be referred to staff. The motion Carried with Alderman Pietrangelo voting contrary to the motion and with all others voting in favour. -15- ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the following by -laws be now read a second and third time: 2002 -077 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Stopping Prohibited, Parking Prohibited, standing Prohibited, Parking Meter Zones, Taxi Cab Stands, Loading Zones) 2002 -078 A by -law to amend By -law No. 79 -200, as amended. (Re: Everguard Coatings International Ltd., AM- 13/2002) 2002 -079 A by -law to stop up and close parts of the unopened road allowance lying between Stamford Township Lots 122 and 134 being designated as Part 1 on Reference Plan No. 59R- 11691. 2002 -080 A by -law to declare surplus the closed portion of a road allowance lying between Stamford Township Lots 122 and 134, designated as Part 1 on Reference Plan No. 59R- 11691, and to authorize that public notice be given of said part 1 being declared surplus and of an offer to sell, for a period of 30 days, said part 1 to the abutting owners, in accordance with the Municipal Act, for the appraised value. 2002 -081 A by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal laws. 2002 -082 A by -law to establish Part 14 on Reference Plan No. 59R- 11086, as a public highway, to be known as and to form part of Willick Road. 2002 -083 A by -law to establish Part 15 on Reference Plan No. 59R- 11086, as a public highway, to be known as and to form part of Willick Road. 2002 -084 A by -law to establish Part 1 on Reference Plan No. 59R- 11584, as a public highway, to be known as and to form part of Oakwood Drive/ 2002 -085 A by -law to establish part 2 on Reference Plan No. 59R- 11595, as a public highway, to be known as and to form part of Drummond Road. 2002 -086 A by -law to establish Part 1 on Reference Plan No. 59R- 11604, as a public highway, to be known as and to form part of Beaverdams Road. 2002 -087 Deferred. 2002 -088 A by -law to establish Block 23 on draft Plan of Subdivision for Meadow Creek three Subdivision, as a public highway, to be known as and to form part of Barrett Crescent. 2002 -089 A by -law to authorize the execution of a Subdivision Agreement with 527786 Ontario Limited respecting the Meadow Creek Three Subdivision. 2002 -090 A by -law to amend By -law No. 79 -200, as amended. (Re: Frank Spadafora, AM- 06/2002) 2002 -091 A by -law to amend By -law No. 79 -200, as amended and By -law No. 88 -184, as amended. (Re: Bri -Mel Developments Limited, AM- 11/2002) 2002 -092 A by -law to authorize the execution of an Agreement of Purchase and Sale with Kybala Ventures Inc. respecting the sale of lands being Part of Block 99 and part of Domenic Crescent. 2002 -093 A by -law to authorize monies for General Purposes (Re: May 13, 2002) 2002 -094 A by -law to authorize the execution of the 2002 -2004 Collective Agreement with the Canadian Union of Public Employees and its Local 133. 2002 -095 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 13th day of May, 2002. The motion Carried with Aldermen Craitor and Fisher abstaining from the vote on By -law No. 2002 -093; Aldermen loannoni and Federow abstaining from the vote on By -law No. 2002 -094 on conflicts of interest previously noted and with all others voting in favour. On the motion of Alderman Wing, seconded by Alderman Orr, that the correspondence dealing with By -law No. 2002 -087 be referred to staff. The motion Carried with Alderman Pietrangelo voting contrary to the motion and with all others voting in favour. Splash Pad Alderman Judy Orr referred to the issue of splash pads and was advised by the Mayor that a full report will be coming back to Council on the matter. Canada Day Letter of Condolence Congratulations -16- NEW BUSINESS Alderman Kim Craitor provided a schedule of events and activities during the Canada Day festivities ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that a letter of condolence be forwarded to the family of the late Ray Heyworth, father of City employee Dave Heyworth. Carried Unanimously. Alderman Shirley Fisher congratulated City staff for taking the First Aid Course as part of their job assignment. Pedestrian Light at Commissio's /Portage Road Alderman Wayne Campbell expressed concerns that seniors were experiencing difficulty in crossing Portage Road before the light changes and are stranded in the middle of the road. He requested that staff look into the matter dealing with the pedestrian Tight at Commisso's /Portage Road. ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that staff look into the matter dealing with the pedestrian light at Commisso's. Carried Unanimously. -17- ORDERED on the motion of Alderman Feren, seconded by Alderman Orr, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, DEAN 10 IDA, CITY CLERK WAYNE THOMSON, MAYOR