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2002/05/27THIRTEENTH MEETING COMMITTEE -OF- THE -WHOLE Council met on Monday, May 27, 2002 at 5:30 p.m. in Committee -of -the Whole. All members of Council, were present. Alderman Kim Craitor presided as Chairman. Following consideration of the items presented, the Committee -of- the -Whole rose to report in open session. READ AND ADOPTED, 9iVi DEAN IOR A, C1TY CLERK WAYNE THOMSON, MAYOR REGULAR COUNCIL Council met on Monday, May 27, 2002 at 6:00 p.m. for the purpose of considering Regular Business matters. All members of Council, were present. Alderman Paisley Janvary-Pool offered the Opening Prayer. ADOPTION OF MINUTES DISCLOSURES OF PECUNIARY INTEREST Committee Room #2 May 27, 2002 Council Chambers May 27, 2002 Prior to dealing with Regular Business matters, His Worship Mayor Thomson introduced Ms. Andrea Morgan, on behalf of the Arts Culture Commission who sang the National Anthem. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that the Minutes of the Planning Meeting of May 13, 2002 be approved as printed. Carried Unanimously. Alderman Craitor indicated a pecuniary interest on Report F- 2002 -38, Cheque Nos. 267570; 267771 and 267626, because a member of his family is employed by the Region. The Future of Hospital Facilities Disability Advisory Committee Niagara Gatekeepers Program -2- DEPUTATIONS Mr. John Carter's presentation regarding th Niagara Region was re- scheduled. Ms. Sandy Bird, City's Disability Advisory C establishment of the Committee and provided an upd thanked everyone for the opportunity to address Co Mr. Guy Prata, on behalf of the City's Disab proclamation to Council and requested that the we proclaimed as "National Access Awareness Week ORDERED on the motion of Alderman Janvary-Pool, May 26 to June 1S 2002 be proclaimed as "National Unanimously. His Worship Mayor Thomson and Alderman P isley Janvary-Pool on behalf of the City's Disability Advisory Committee, congratulated and presented the Pat Cummings Award in recognition of service to the disabled com unity to Mr. Bart Mayes on behalf of Chair -A -Van; and recognition was given to Mr. I Levesque, for his many years of service as a Chair -A -Van driver. Ms. Renate Martin, Program Coordinator, T requested that Council proclaim the week of June Gatekeeper Week" and indicated that the proclamatio International Food Fest Mr. David Haggerty, International Food upcoming food festival at the Falls, scheduled f• Kingsbridge Park; and introduced the Executive Dire a brief summary of the culinary delights that would b future of hospital facilities in the mmittee gave a brief history on the to on the Committee's activities and ncil. lity Advisory Committee, read the k of May 26 to June 1S 2002 be seconded by Alderman Fisher, that Access Awareness Week Carried e Niagara Gatekeepers Program, 1s to June 8 2002 as "Niagara would provide a vehicle to enhance community presence and awareness aboutthe program which strives to identify vulnerable seniors, who may be struggling to manage their day ti day living; she also provided a brief overview of the special upcoming events during Gat: keeper Week. Following the discussion, it was ORDERED on he motion of Alderman Janvary-Pool seconded by Alderman Fisher, that June 1s to June 2002 be proclaimed as "Niagara Gatekeeper Week Carried Unanimously. est, provided information on the r June 8 and June 9 2002 at tor, Chef Pat Hogan, who provided made available during the festival. His Worship Mayor Thomson thanked the at$ndees for their presentation. Ontario Clean Air Alliance -3- Mr. Jack Gibbons, Chair, Ontario Clean Air Alliance, stated that the Ontario Clean Air Alliance was a coalition of 82 organizations working for cleaner air through strict emission limits and a phase -out of coal in the electricity section; he advised that, according to the Ontario Medical Association, air pollution was a public health crisis in Ontario and indicated that Ontario Power Generation's 5 coal -fired power plants are a major contributor towards this air pollution crisis; he indicated that Ontario's electricity market was opened to competition earlier this month and that Niagara Falls can use its purchasing power to help phase out those coal -fired power plants. Mr. Gibbons requested that Council endorse, in principle, the objective of phasing out its purchases of coal -fired electricity for its municipal buildings and also, to direct its staff to investigate the benefits and costs to Niagara Falls of phasing -out coal -fired electricity. Mr. Jim Twomey, Senior Vice President of Electricity Production, Ontario Power Generation, responded to the comments made by the representative of the Ontario Clean Air Alliance and expressed the opinion that replacing coal -fired power stations with gas powered stations would be significantly expensive and would cost approximately $5 billion; he stated that natural gas power could not be viewed as "Green Power" (i.e. environmentally favourable); he further indicated that there was a study underway by the independent market operators, who are looking at the future of electricity in Ontario. Mr. Peter Kelly, V.P. Power Workers' Union remarked that the Power Workers Union' have no preference as to what form of power is predominant in Ontario; he addressed the high capital costs for converting OPG's existing coal -fired stations to gas; the high, volatile operating costs for natural gas; advised of the huge power reserves of coal that were within Canada and the United States and that coal would be used in North America for a long time; referred to the air quality impacts and advised that the single most economically and environmentally wise approach to reducing air emissions was to permanently reduce the demand for generation of any kind through energy efficiency. Mr. Kelly recommended that the following measures be taken: 1) To consider supporting the installation of Selective Catalytic Reduction technology on existing Ontario coal plants as the much more cost effective method of reducing smog related emission; 2) To actively support the establishment of a provincial program to insure energy efficiency investments; 3) and to undertake an aggressive energy efficiency program in municipal facilities. Following the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Wing, to urge the Ontario Government to get both the Tunnel Project and Beck III underway and to support the installation of technology to reduce smog related emissions in coal -fired electricity plants as soon as possible. Carried Unanimously. Reduction of Council Size and the Elimination of the Ward System Mr. Ron Planche, clarified that he would not be a candidate for Local or Regional Council in the next election; provided comments on the at -large and ward systems; and indicated that he was in support of the reduction in Council size, but expressed concerns on how diverse and balanced the new council would be. Mr. Larry Savage, 7340 Fern Avenue, stated that there has been no large outcry for an at -large system; reviewed the issues of parochialism; the ward system vs the at- large system; expressed the opinion that an at -large system was not about efficiency and was of the view that there should not be a reduction of Council -4- In response to questions raised, the Assistant ity Solicitor, commented that if this matter would go to the Ontario Municipal Board, that those individuals who had not been heard by Council this evening, would have the opport pity to have "participant status" and could be heard at the OMB; he further stated that a ajority vote of Council could permit the individuals to address Council, if they stated the n =ture of their comments in advance. On the motion of Alderman Craitor, seconded request for the additional Deputations to be heard. recorded vote: AYE: Alderman Campbell AYE: AYE: Alderman Craitor AYE: AYE: Alderman Federow AYE: AYE: Alderman Fisher AYE: AYE: Alderman loannoni AYE: NAY Alderman Puttick ABS NAY: Alderman Volpatti Mr. Wayne Gates, expressed his opposition t was of the opinion that the proposed by -laws were n of Niagara Falls; that there would be no cost savings t indicated that there would be less representation an through the elimination of the ward system. He expre the 6 Wards and 12 Aldermen. Mr. Jim Brown, indicated that he was oppos enquired why was there an issue to reduce the numb been no public outcry to the matter; he stated that a they would have to be full -time and suggested that t the next election. Mr. Chad Bred in, expressed his concerns on t of Aldermen, but indicated that his main concern wa pass the by -laws into law; he questioned the calibre if Council was reduced and the ward system was ell that candidates would have to raise more money t Council would be more "pro- business Ms. Bernadette Secco, advised that there w was no public outcry on the issues; she expressed t ward system was not as large as had been suggest Mr. Carle Eade, commented on the meeting dealing with the ward system and the reduction of A listen to the citizens of Niagara Falls and that the iss by Alderman loannoni, to allow the e motion Carried with the following Alderman Janvary-Pool Alderman Orr Alderman Pietrangelo Alderman Wing Mayor Thomson NT: Alderman Feren the proposed by -law changes and t in the best interest of the citizens the taxpayers by Council reduction; less accessibility to the Aldermen, sed the opinion that the City needed Ms. Margaret Mingle, requested that Counci vote against the proposed by -laws and that the democratic process should be followed •y Council by listening to the citizens of Niagara Falls. Mr. John Anstruther, suggested that the by- aws were a fundamental change to the local system of representation and, therefore, the citizens should be allowed to decide on the matters. Mr. Rich Judge, advised that he believed in t e ward system, but suggested that public meetings be held to obtain input from the resi ents. d to the reduction of Council and r of Aldermen to eight, as there had reduction of Aldermen would mean e matters be put to a referendum at e ward system and on the reduction the way Council was proceeding to f politician that the City would have nated and expressed the opinion run and, as a result, the resulting s no need for change because there e opinion that the opposition to the d. which had been held in Chippawa dermen; he suggested that Council e be put to a referendum question -5- Mr. Mel Grunstein, questioned the need for an at -large system and suggested that the decision be made by the electorate not by the Aldermen; he also questioned why the urgency for Council to go against the resident's wishes before the 2003 election and suggested that the issues be raised as part of an election platform. Mr. Garrett Lacey, expressed concerns on the process and the methodology used with regard to changing the ward system and the downsizing of Council. Mr. Ron Rap, expressed concerns on the elimination of the ward system and the downsizing of Council; he asked when did the issue of Council size become part of the discussions; he questioned whether consideration had been given to the workload, distribution and cost issues by having less Aldermen; he expressed the opinion that there seemed to be a general lack of confidence and trust in some levels of government; he further stated that there was no need for a referendum and Aldermen should make this an election platform at the upcoming election and requested that Council vote against the proposed by -laws. Mr. Frank De Luca, requested that Council reconsider and put the issues to a referendum and let the residents of Niagara Falls decide. Following the presentation, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that By -law Nos. 2002 -096 and 2002 -097 be brought forward. Carried Unanimously. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that leave be granted to introduce the following by -law, and the by -law be read a first time: 2002 -096 A by -law to reduce the size of Niagara Falls City Council from 12 Aldermen to 8 Aldermen. The motion Carried with the following recorded vote: AYE: Alderman Campbell; Alderman Feren; Alderman Fisher; Alderman Janvary- Pool; Alderman Pietrangelo; Alderman Puttick; Alderman Volpatti and Mayor Thomson. NAY: Alderman Craitor; Alderman Federow; Alderman loannoni; Alderman Orr; and Alderman Wing. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the following by -law be now read a second and third time: 2002 -096 A by -law to reduce the size of Niagara Falls City Council from 12 Aldermen to 8 Aldermen. The motion Carried with the following recorded vote: AYE: Alderman Campbell; Alderman Feren; Alderman Fisher; Alderman Janvary- Pool; Alderman Pietrangelo; Alderman Puttick; Alderman Volpatti and Mayor Thomson. NAY: Alderman Craitor; Alderman Federow; Alderman loannoni; Alderman Orr; and Alderman Wing. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that leave be granted to introduce the following by -law, and the by -law be read a first time: 2002 -097 To eliminate the ward system of electoral representation and replace it with an at -large system of electoral representation. -6- The motion Carried with the following recorded vote: AYE: Alderman Campbell; Alderman Feren; Alder Alderman Pietrangelo; Alderman Puttick; Ald NAY: Alderman Craitor; Alderman Federow; Alde Alderman Wing. ORDERED on the motion of Alderman Pietrangelo, s following by -law be now read a second and third tim 2002 -097 To eliminate the ward system of electo an at -large system of electoral represe The motion Carried with the following recorded vote: Re: PD- 2002 -48 Recommendation Report, Subdivision; Owner: Cuviello Construction In Tru Zoning By -law Amendment Application, AM -1012 -AND Correspondence from Glen Barker, BLS Plannin the matter due to previous commitments. Following some discussion, it was ORDERE seconded by Alderman Pietrangelo, that the matter MAYOR'S REPORTS. ANNOUNCE Rain Barrel Sale His Worship Mayor Thomson provided infor Sale to all Niagara residents, being held at Niagara Illegal Body Rub Parlours Public Meeting His Worship Mayor Thomson, referred to the is City and of drastic measures that need to bp taken He suggested that staff investigate the utilization of vid rub parlours are operating and further, that Citize Canada be requested to get involved. ORDERED on the motion of Alderman Volpatti, sec matter be referred to staff with a report back to Cou an Fisher; Alderman Janvary-Pool; rman Volpatti and Mayor Thomson. an loannoni; Alderman Orr; and conded by Alderman Feren, that the I representation and replace it with tation. AYE: Alderman Campbell; Alderman Feren; Alder an Fisher; Alderman Janvary-Pool; Alderman Pietrangelo; Alderman Puttick; Ald merman Volpatti and Mayor Thomson. NAY: Alderman Craitor; Alderman Federow; Alde man loannoni; Alderman Orr; and Alderman Wing. rookfield Court Draft Plan of t (Agreement of Purchase Sale) 02, Owner: Falls Manor Motel. Associates requesting deferral of on the motion of Alderman Feren, e deferred. Carried Unanimously. ENTS REMARKS ation on the upcoming Rain Barrel quare on June 1s 2002. ue of illegal body rub parlours in our ith regard to these establishments. o cameras where these illegal body ship Immigration and Revenue nded by Alderman Feren, that the cil. Carried Unanimously. -7- Comments in Paper Dealing with the Tax Issue His Worship Mayor Thomson referred to comments made in the local newspaper regarding Council's and staffs involvement regarding the tax issue and that the matter be referred to staff for a report. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the comments made in the local newspaper regarding Council's and staffs involvement regarding the tax issue be referred to staff for a report. Carried Unanimously. COMMUNICATIONS Communication No. 72 The Air Cadet League of Canada Re: Proclamation. The communication requests that Council proclaim the week of June 10 to June 16 2002 as "Air Cadet Week"; and requests permission to hold a flag raising ceremony on June 12 2002 with the Mayor in attendance. ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that the requests be supported. Carried Unanimously. Communication No. 73 The United Empire Loyalists' Association of Canada Re: Proclamation. The communication requests that Council proclaim the week of June 16 to 22n 2002 as "United Empire Loyalist Week" in Niagara Falls; and requests that the Loyalist flag be flown during that week. ORDERED on the motion of Alderman Fisher, seconded by Alderman Fisher, seconded by Alderman Craitor, that the requests be supported. Carried Unanimously. Communication No. 74 The Chamber of Commerce, Niagara Falls Re: Council Appointee on Chamber of Commerce Board of Directors. The communication requests that Council appoint an Alderman to the Chamber of Commerce Board of Directors to permanently represent Council and have voting privileges and that the City develop a rotating schedule of one alternate Alderman per month to attend Board of Directors meetings with the appointed representative each month with no voting privileges. ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that the request be supported. Carried Unanimously. REPORTS MW-2002-61 Chief Administrative Officer Re: Contract 2002 -09, 2002 Crack Sealing Program. The report recommends that the unit prices submitted by the low tenderer, 788893 Ontario Ltd., (Niagara Crack Sealing), be accepted. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. MW-2002-62 Chief Administrative Officer Re: Contract 2002 -02, 2002 Sidewalk and Concrete Repair Program. The report recommends that the unit prices submitted by the low tenderer, Alfidome Construction Ltd., be accepted. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. BBS- 2002 -04 Chief Administrative Officer Re: Marriott Hotel, 6740 Fallsview Boulevard Variance to Sign By -Law No. 6661, as amended. The report recommends that the variance to By -law No. 6661, as amended for a proposed projecting sign be approved. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with Aldermen Feren and Volpatti abstaining from the vote on conflicts of interest and with all others voting in favour. -8- BBS- 2002 -05 Chief Administrative Officer Re Variance to Sign By -Law No. 6661, 1964, as ame Council approve a variance to Sign By -Law 6661, as with a height of forty -five feet (45' -0 ORDERED on the motion of Alderman Volpatti, sec• the report be received and adopted. The motion Car from the vote on a conflict of interest and with all oth BBS- 2002 -06 Chief Administrative Officer Re: Proposed Signs. The report recommends that the permitted to install three ground signs in the Down waived as they are to be located on municipal proper ORDERED on the motion of Alderman Fisher, second report be received and adopted. The motion Carried the vote on a conflict of interest and with all others v Ratification of Parking Traffic Committee Actio s MW- 2002 -63 Chairperson, Municipal Parking Parking Traffic Committee Recommendations, recommends the following: times on the north side of Salisbury Place fr Street to a point 120 metres west of Ethel Str et 6) Stanley Avenue at Main Street/Portage Ro that the Region of Niagara be requested to i investigate the re- configuration of the inters Street/Portage Road to designate the southb Stanley Avenue as a left turn lane and appropriately. Victoria Avenue, Easterly Side; ded. The report recommends that amended, to permit a billboard sign nded by Alderman Pietrangelo, that ied with Alderman Feren abstaining rs voting in favour. owntown Board of Management owntown Board of Management be own area and that permit fees be y. d by Alderman Pietrangelo, that the ith Alderman Feren, abstaining from ting in favour. ORDERED on the motion of Alderman Craitor, seco ded by Alderman Pietrangelo, that the following actions taken at the Parking Traffi Committee on May 21, 2002 be approved: raffic Committee Re: Municipal May 21, 2002 Meeting. The report 1) MW- 2002 -53 Kister Road Parking Review that parking be restricted at all times on the west side of Kister Road from Progres Street to a point 85 metres north of Progress Street 2) MW- 2002 -54 Salisbury Place Parking Rev ew that parking be restricted at all m a point 85 metres west of Ethel 3) MW- 2002 -55 Bishop Avenue and Matthews Drive Intersection Control Review that a stop sign be installed for southbou d motorists on Bishop Avenue at Matthews Drive; 4) Fallsview Boulevard Parking Restriction in front of the Maple Leaf Motel that parking be restricted on the west side of allsview Boulevard from a point 43 metres south of Robinson Street to a point 11 metres south of Robinson Street; 5) Portage Road at Stanley Avenue Traffic ignals that the Region of Niagara be requested to install the Traffic Signals at t e intersection of Portage Road and Stanley Avenue in 2002; d Left Turn Lane Line Painting mediately (for 2002 tourist season) ction of Stanley Avenue at Main urid through centre driving lane on !so realign the northbound lanes Carried Unanimously. See By -law No. 2002 -107 -9- Ratification of Corporate Services Committee Actions ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that the actions taken in Corporate Services Committee, earlier this evening be approved: 1. Adoption of the March 18 2002 Corporate Services Committee Minutes; 2. That the presentation from Ontario Power Generation be received for information; 3. That the presentation regarding Hydro Deregulation be received for information; 4. That the bus purchase proposed presented by Niagara Transit for the years 2003- 2007 be approved; 5. F- 2002 -35 2002 Tax Rates that the 2002 Tax Rates be approved; 6. F- 2002 -40 2002 Property Assessment and Tax Impact that the report be received for information; 7. F- 2002 -36 Final Tax Notice Due Dates that June 28 and September 18 2002 be approved as the 2002 final due dates for the Residential, Pipeline, Farmland and Managed Forest Assessment Classes; 8. F- 2002 -37 Hydro/Water Billings that the report be received for information; and further that staff provide a report in open Council on the possibility of summer /winter water rates and also a rebate for low- income seniors; 9. F- 2002 -38 Municipal Accounts that the Municipal Accounts totalling $12,303,680.88 for the period ending May 27,2002 be approved; 10. F- 2002 -39 2002 Debenture Issue that Council pass a resolution requesting The Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts presented; 11. MW- 2002 -64 Sewer Surcharge Relief Policy that the sewer surcharge relief policy not be revised to include residential users; 12. R- 2002 -30 Design, Supply and Installation of a New Splash Pad at F.H. Leslie Park (conversion of Existing Wading Pool) that Proposal 45 -02 submitted by Touchstone Site Contractors Inc. and Mr. Art Weaver, Landscape Designer, be approved for installation at F.H. Leslie Park; that the City enter into a contract agreement with Touchstone Site Contractors Inc., for the total proposal amount of $72,500 including taxes; 13. CD- 2002 -14 Photocopier for Print Shop that the lease of Canon Photo Copier IR105 for the Print Shop as supplied by low bidder Beatties BASICS, per Proposal #P44 -02, be approved; 14. Communication Medieval Festival Request for Waiver of Fees that a waiver of fees be approved for the Medieval Festival to be held on Queen Street, the weekend of June 22n 2002; 15. Correspondence from Winston Auld Re: Arena Complex in Chippawa and Response from the Director of Parks, Recreation and Culture that the communication from Winston Auld and the Response from the Director of Parks, Recreation and Culture be received for information; -10- 16. PD- 2002 -49 Cash -in -Lieu of Parking Agre the City of Niagara Falls and Mr. Vijay G Property Municipally known as 5701, 5699 cash -in -lieu of parking agreement between th Falls and Mr. Vijay Gupta of Gupta Souvenirs, the time the application was submitted. Alderman Orr requested further information Memorial Reception for Alderman Gary Hendershot. R- 2002 -24 Chief Administrative Officer Re: Mo Cemetery. The report recommends that City Coun monuments at the Drummond Hill Cemetery for the s including applicable taxes. ORDERED on the motion of Alderman Pietrangelo, the report be received and adopted. Carried Unanii R- 2002 -25 Chief Administrative Officer Re: recommends that the Schedule for the use of Sum approved by City Council. ORDERED on the motion of Alderman Pietrangelo, the report be received and adopted. Carried Unani R- 2002 -26 Chief Administrative Officer Re: R report recommends that the report is for the informa ORDERED on the motion of Alderman Pietrangelo, Council supports the requests as presented in the correspondence, mainly: 1) to waive the hydro cost lights are kept on the trees all year; and 2) for the unl Carried Unanimously. R- 2002 -27 Chief Administrative Officer Re: Pro Commission's Activity Subsidy Fund Policy. T approve the proposed changes to the Activity Subs City's Recreation Commission. ORDERED on the motion of Alderman Pietrangelo, the report be received and adopted. Carried Unani ment between the Corporation of pta of Gupta Souvenirs Limited; nd 5697 Victoria Avenue that a Corporation of the City of Niagara proceed at the rate which existed at n Cheque #267590, regarding the Following the discussion, Aldermen Feren and Puttick vacated Council Chambers. The motion Carried with Aldermen loannoni and Orr oting contrary to the motion dealing with R- 2002 -30 Design, Supply and Installation of a New Splash Pad at F.H. Leslie Park (conversion of Existing Wading Pool) See Resolution No. 09 See By -law No. 2002 -100 See By -law No. 2002 -101 See By -law No. 2002 -102 See By -law No. 2002 -103 See By -law No. 2002 -104 See By -law No. 2002 -111 ument Repairs /Drummond Hill it authorize the repair of cemetery rvice rendered price of $30,000.00, econded by Alderman Craitor, that ously. ummer Ice Schedule. The report er Ice Hours at Stamford Arena be econded by Alderman Craitor, that ously. quest from Downtown BIA. The ion and direction of Council. .econded by Alderman Craitor, that owntown Board of Management's that are incurred, in order that the rnited use of the Park Street market. osed Changes to the Recreation e report recommends that Council dy Fund Policy as proposed by the econded by Alderman Craitor, that ously. R- 2002 -31 Chief Administrative Officer Re: Two (2) 4 -Wheel Drive Kubota Tractors. The report recommends that City Council *uthorize the purchase of (2) two 4- wheel drive Kubota tractors for the supplied price of $40,072.00, including all applicable taxes, as submitted by Ben Berg Farm Industrial :quipment. ORDERED on the motion of Alderman Pietrangelo, econded by Alderman Craitor, that the report be received and adopted. Carried Unani ously. PD 2002 51 Chief Administrative Officer Re: Zoning By law Amendment Application; AM- 07/2002, 4741 Zimmerman Avenue; Proposed Bed Breakfast. The report recommends that Council approve the revised amending by -law on tonight's agenda to permit a tourist home (bed breakfast) at 4741 Zimmerman Avenue and that Council pass the associated resolution not to require a further notice. -AND Communication No. 75 Correspondence from Niagara Falls Bed Breakfast Association Inc. The communication comments that Mr. Tetrault is not a member of the Niagara Falls Bed Breakfast Association and that the policies and governance of their corporation are not related in any way to zoning issues that Mr. Tetrault desires to personally aggrieve. -AND Communication No. 76 Correspondence from Mr. Mrs. Tom Jackson, Strathaird Bed Breakfast. The communication responds to Mr. Tetrault's comments in his correspondence regarding the Zoning By -law Amendment Application at 4741 Zimmerman Avenue for a proposed Bed and Breakfast and advises that they are in full support of the acceptance of this By -law Amendment as put forward by City staff. His Worship received indication that Mr. Rocco Vacca, Solicitor was in attendance on behalf of the applicant. Mr. Vacca advised that his client was requesting that Council approve the revised amending by -law to permit a tourist home (bed breakfast) at 4741 Zimmerman Avenue. Mr. David Tetrault, 4761 Zimmerman Avenue, expressed concerns with respect to the parking area and dimensions, the location of the dwelling and a previous foundation on the applicant's property and the granting of two parking spaces in the front. Mrs. Ana Kolesar, 4248 Huron Street, expressed concerns that the applicant's garage would block the views and sunlight from her living and dining room windows; and expressed concerns with respect to the set back/ parking area and parking dimensions ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, to go past 11 o'clock. Carried Unanimously. Mr. Vacca referred to correspondence received from Mr. Tetrault and responded to the statements made in the letter on behalf of his client; provided clarification with respect to the set back; parking and parking dimension concerns; he stated that reference had been made to the applicant obtaining a building permit for a single family dwelling; the use of building materials; location of the dwelling and of a previous foundation; and that reference had been made to his client not showing any consideration to the neighbouring property to the rear of the property; he advised that the zoning by -law permits an applicant to build a garage from the rear of the property line and that his client had voluntarily agreed to build the garage within an increased 4 foot setback; he further advised that the height of the garage had been lowered 18 inches from the permissible maximum height. Mr. Vacca stated that a property owner had no right to a view" in law; that his clients were content with the form and content of the by -law and that there should be no concerns with respect to the Bed Breakfast not being in compliance with the laws; and requested that Council approve the application. -12- Mr. Tetrault stated that new businesses were welcome in the area, but that comments in his correspondence were in response to statements made, which, he felt, had been an insult to his neighbourhood. The Deputy Director of Planning and Development responded to questions raised on the issue of whether the parking fell within the City's guidelines regarding certain percentages in terms of front yards vs driveways. Following the discussion it was ORDERED on :he motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. See Resolution No. 08 See By -law No. 2002 -106 PD- 2002 -52 Chair, LACAC Re: Appointment to the Local Architectural Conservation Advisory Committee (LACAC). The report recommends that Council appoint Phoebe Jean (Carol) Ede to the Local Architectural Conservation Advisory Committee (LACAC). -AND (Handout) Communication No. 77 Correspondence from Phoebe Jean (Carol) Ede. The communication submits a letter of interest. -AND (Handout) Communication No. 78 Correspondence from Anna Lee. The communication submits a letter of interest. ORDERED on the motion of Alderman Wing, seconded by Alderman Orr, that the matter be deferred and that the correspondence be referred to the Local Architectural Conservation Advisory Committee. The motion Carried. RATIFICATION OF COMMITTEE -OF- THE -WHOLE ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the actions taken in Committee -of- the Whole, taken earlier this evening, be approved: 1) That Council direct staff to continue their investigation into the acquisition of certain Hydro lands and to host a series of future neighbourhood meetings to obtain input from the area residents; 2) That Council hold a public meeting and obtain input from all homeowners along Haulage Road to stress the issue of encroachments on Municipal properties. Carried CD- 2002 -15 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 rep wt. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. L- 2002 -01 Chief Administrative Officer Re: Repeal of Certain By -laws to Exempt Land from Part Lot Control. The report recommends that certain By -laws passed by City Council to exempt land from part lot control, be repealed. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimous v. See By -law No. 2002 -105 -13- L- 2002 -26 Chief Administrative Officer Re: 401879 Ontario Ltd., c.o.b. Lumber Transfer Lease Agreement with the City and the Regional Municipality of Niagara. The report recommends that Council authorize the attached lease agreement dated March 4, 2002 between The Regional Municipality of Niagara and The Corporation of the City of Niagara Falls and 401879 Ontario Ltd. c.o.b. Lumber Transfer regarding the property described as Parts 1, 2, 3 and 6 on Reference Plan No. 59R -9632. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. L- 2002 -27 Chief Administrative Officer Re: Richardson Encroachment Agreement with the City; 4225 Park Street. The report recommends to permit the encroachment of a verandah upon the municipal road allowance in front of 4225 Park Street, as shown in heavy outline on the plan attached. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. RESOLUTIONS NO. 08 PIETRANGELO FISHER RESOLVED THAT the Council of the Corporation of the City of Niagara Falls hereby determines, in accordance with Section 34(17) of the Planning Act, R.S.O., that the changes to the proposed zoning by -law for Application AM- 07/2002 (Tony and Anna D'Amico, regarding a proposed tourist home at 4741 Zimmerman Avenue) are minor in nature and do not require any further notice AND The Seal of the Corporation be hereto affixed. AND the Seal of the Corporation be hereto affixed. 2002 -099 DEFERRED BY -LAWS Carried Unanimously. NO. 09 VOLPATTI PIETRANGELO RESOLVED THAT the Council of the Corporation of the City of Niagara Falls hereby requests The Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts set out below, and further, that the City confirms that it has entered into a contract for or authorized the commencement of all works herein listed: Capital Authorizing Financing Retirement Account No. By -law Number Request Term C- 008 -8275 2002 -100 840,000.00 10 years C- 008 -8309 2002 -101 1,284,473.00 10 years C- 037 -8788 2002 -102 372,556.00 10 years C- 038 -8904 2002 -103 400.000.00 10 years 2,897,029.00 Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that leave be granted to introduce the following by -laws, and the by -laws be read a first time: 2002 -098 A by -law to amend By -law No. 2002 -267, being a by -law to provide for appointments to certain Boards, Commissions and Committees. 2002 -100 2002 -101 2002 -102 2002 -103 2002 -104 2002 -105 2002 -106 2002 -107 2002 -108 2002 -109 2002 -110 2002 -111 2002 -099 DEFERRED 2002 -100 -14- A by -law to authorize the Cou cil to borrow money by way of debentures. (Re: C- 008 -8275) A by -law to authorize the Cou cil to borrow money by way of debentures. (Re: C- 016 -8309) A by -law to authorize the Cou cil to borrow money by way of debentures. (C- 037 -8788) A by -law to authorize the Council to borrow money by way of debentures. (C- 038 -8904) A by -law to set and levy the rat =s of taxation for City purposes, for Regional purposes, and for Educ =tion purposes for the year 2002. A by -law to repeal certain By -law to designate land not to be subject to part lot control. A by -law to amend By -law No. 79 200, as amended. (Re: Zimmerman Avenue) A by -law to amend By -law No. 9-2000, being a by -law to regulate parking and traffic on City Roads (Parking Prohibited, Stop Signs). A by -law to amend By -law No. 2 1 02 -081, being a by -law to appoint City employees, agents and th rd parties for the enforcement of provincial or municipal laws. A by -law to authorize the Mayo and Clerk to execute Subdivision Agreements and other document- pertaining to Subdivisions. A by -law to amend By -law No. 79- 00, as amended. (Re: AM- 04/2002; Rainbow Hotel Restaurant) A by -law to authorize monies for eneral Purposes (May 27, 2002) 2002 -112 To amend By -law No. 79 -200, as mended. (Re: Orsini Bros. Inns Inc., AM- 33/2002) 2002 -113 A by -law to amend By -law No. 79 Eric Henry) 2002 -114 A by -law to adopt, ratify and con meeting held on the 27 day of The motion Carried with Alderman Wing voting co Alderman Craitor abstaining from the vote on By -law previously noted and with all others voting in favour. 200, as amended (Re: AM- 34/2001, irm the actions of City Council at its ay, 2002. trary to By -law No. 2002 -109 and o. 2002 -111 on a conflict of interest ORDERED on the motion of Alderman Pietrangelo, s conded by Alderman Fisher, that the following by -laws be now read a second and third ti e: 2002 -098 A by -law to amend By -law No. 20 12 -267, being a by -law to provide for appointments to certain Boards, ommissions and Committees. A by -law to authorize the Co ncil to borrow money by way of debentures. (Re: C- 008 -8275) -15- 2002 -101 A by -law to authorize the Council to borrow money by way of debentures. (Re: C- 016 -8309) 2002 -102 A by -law to authorize the Council to borrow money by way of debentures. (C- 037 -8788) 2002 -103 A by -law to authorize the Council to borrow money by way of debentures. (C- 038 -8904) 2002 -104 A by -law to set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2002. 2002 -105 A by -law to repeal certain By -laws to designate land not to be subject to part lot control. 2002 -106 A by -law to amend By -law No. 79 -200, as amended. (Re: Zimmerman Avenue) 2002 -107 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 -108 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal laws. 2002 -109 A by -law to authorize the Mayor and Clerk to execute Subdivision Agreements and other documents pertaining to Subdivisions. 2002 -110 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 04/2002; Rainbow Hotel Restaurant) 2002 -111 A by -law to authorize monies for General Purposes (May 27, 2002) 2002 -112 To amend By -law No. 79 -200, as amended. (Re: Orsini Bros. Inns Inc., AM- 33/2002) 2002 -113 A by -law to amend By -law No. 79 -200, as amended (Re: AM- 34/2001, Eric Henry) 2002 -114 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 27 day of May, 2002. The motion Carried with Alderman Wing voting contrary to By -law No. 2002 -109 and Alderman Craitor abstaining from the vote on By -law No. 2002 -111 on a conflict of interest previously noted and with all others voting in favour. Letter of Condolence NEW BUSINESS Alderman Shirley Fisher informed Council of the passing of renowned sculptor, Helen Robertson, whose commissions included the Crest for Niagara Falls City Hall and requested that a letter of condolence be forwarded to the family. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that a letter of condolence be forwarded to the family of the late Helen Robertson, renowned sculptor. Carried Unanimously. Parking on Montrose Road Alderman Victor Pietrangelo referred to a Reg onal By -law which permits parking on one side of Montrose Road and that subsequently, commercial vehicles parking on one side of Montrose Road are obstructing turning views from various streets and asked that the Region be requested to investigate the matter. Alderman Kim Craitor also referred to the issLe of grassed boulevards and curbs that have been installed and of concerns expressed that vehicles might park on top of the boulevard due to the configuration of the curbs aid suggested that the Region be requested to install "No Parking" signs on top of the boulevard, in order to restrict vehicles from parking there. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that the Region be requested to investigate the By -law allowing parking on one side of Montrose Road, and further, that "No Parking" signs be installed on the boulevard in order to restrict vehicles from parking there. Carried Unanimously. Niagara Airport Commission Alderman Paisley Janvary-Pool informed members of Council that she was unable to take on former Alderman Gary Hendershot's responsibilities on the Niagara Airport Commission and she was advised that any interested Alderman should contact the City Clerk's Office and the matter would be raised at the next Council meeting. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, DEAN IORFIDA, CITY CLERK -16- WAYNE THOMSON, MAYOR