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2003/01/13READ AND ADOPTED, FIRST COUNCIL MEETING COMMITTEE -OF- THE -WHOLE Council met on Monday, January 13, 2003 at 5:30 p.m. in Committee -of -the Whole. All members of Council, with the exception of Alderman Feren, and Alderman Orr, who was away due to illness, were present. Alderman Janice Wing presided as Chairman. Following consideration of the items presented, the Committee -of- the -Whole rose to report in open session. Committee Room #2 January 13, 2003 DEAN IORF 'A, CLERK WAYNE THOMSON, MAYOR PLANNING MEETING Council Chambers January 13, 2003 Council met on Monday, January 13, 2003 at 6:00 p.m. for the purpose of considering Planning and Regular Business matters. All members of Council, with the exception of Alderman Feren, and Alderman Orr, who was away due to illness, were present. Alderman Carolynn loannoni offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTEREST Alderman Campbell indicated a pecuniary interest on Report F- 2003 -01, Cheque No. 272259 because the District School Board of Niagara is his employer. Alderman Craitor indicated a pecuniary interest on Report F- 2003 -01, Cheque Nos. 272452; 272290; 272815; 272542; 272362; 272626; 272700, because a member of his family is employed by the Region. Alderman Federow indicated a pecuniary interest on Report F- 2003 -01, Cheque Nos. 272474, 272257, because of an ongoing conflict with the Niagara Humane Society; and on Cheque No. 272275 because a member of his family is employed by the Niagara Catholic District School Board. Alderman Fisher indicated a pecuniary interest on Report L- 2003 -02 on the Consent Agenda, because a member of her family is employed by HOCO. -2- Alderman loannoni indicated a pecuniary interest on Report F- 2003 -01, Cheque No. 272803 because a member of her family is the recipient. January 13, 2003 Council Minutes Alderman Pietrangelo indicated a pecuniary interest on Report F- 2003 -01, Cheque No. 272275 because the Niagara Catholic District School Board is his employer. PRESENTATIONS His Worship Mayor Thomson presented a plaque to eleven year old Ryan Elliott, who recently captured the World Title at the 2002 Sport Karate International World Games, held in Panama City, Florida. Mayor Thomson extended congratulations to Ryan and his Team Niagara members. 2002 Winter Festival of Lights Sparkle Awards Mr. Jay Meilstrup, Vice Chair, and Ms. Joyce Morocco, Board member of the Winter Festival of Lights, expressed appreciation to the Mayor and members of Council for their ongoing support of the Winter Festival of Lights; thanked the contestants, local businesses; the Sparkle Lighting Awards Committee and Judges for their participation; provided a video presentation and presented the 2002 Winter Festival of Lights Sparkle Awards to the following winners: Residential Category: First Place: Second Place: Third Place: Commercial Category: First Place: Second Place: Third Place: The Canadian Red Cross Society Tom Tracie Mendies 5731 Leonard Street Tom Diane Ryan 2807 Pheasant Lane Bill Irene McMullin 3870 Gunning Drive Patterson Funeral Home 6062 Main Street Home Sweet Home 3710 Main Street, Chippawa Victoria Park Towers 6521 Drummond Road DEPUTATIONS Mr. David Burwell, Community Services Co- ordinator, Niagara Area, Canadian Red Cross Society, provided a brief overview of the Red Cross programs and advised that the centralization of these programs would now be in St. Catharines. During the discussion, Alderman Janvary-Pool suggested that some sort of store front operation be made available to residents of Niagara Falls in order that wheelchairs and other equipment can be obtained in Niagara Falls. Project S.H.A.R.E. "Raising the Roof" Campaign Act. -3- PLANING MATTERS January 13, 2003 Council Minutes Mr. Jeff Guarasci addressed Council on a "Raising the Roof' campaign to find long- term solutions to homelessness in our country which takes place annually in January and February and requested that Council purchase toques in support of the campaign His Worship Mayor Thomson extended best wishes for this very worthwhile campaign. PD- 2003 -01 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 45/2002, 6740 Fallsview Boulevard and 5996 6006 Fallsview Boulevard 5993 Clark Avenue; Applicant: Niagara 21s Group Inc. and 757270 Ontario Limited; Agent: Italia Gilberti, Solicitor; Proposed Temporary Off -site Parking for the Marriott Fallsview Hotel. The report recommends that Council approve the requested Zoning By -law amendment to permit a portion of the required parking for the Marriott Fallsview Hotel, 6740 Fallsview Boulevard, to be provided on the east side of Fallsview Boulevard north of Robinson Street, conditional upon the following: 1) That the amending zoning by -law include regulations respecting landscaping and fencing; 2) That the amending zoning by -law include regulations respecting landscaping and fencing; and that the owner enter into an agreement and deposit sufficient security in order to guarantee that the site be restored to greenspace at the expiration of the temporary use by -law. AND Communication No. 01 Old Stone Inn. The communication advises as not objecting to the property being used as parking for the hotel on Parcel 1, for not more than 3 years as stipulated. The communication expresses concerns about the noise and dust that would be created from the traffic and requests that the lot be properly paved and landscaped with some sort of screening to cut down on noise and dust. AND Communication No. 02 Regional Niagara, Planning Development Department. The communication advises as not being opposed to the approval of the proposed application. His Worship Mayor Thomson read the procedure to be followed under the Planning 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 December 13, 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. -4- January 13, 2003 Council Minutes The Director of Planning and Development discussed the subject property with the assistance of posted sketches; reviewed the information contained in the Recommendation Report, The Background; The Proposal; Surrounding Land Uses; Public Notification Process and The Planning Review; he advised that Planning staff are recommending that through site plan control some improvements can be made through landscaping and fencing that would reduce the dust and noise to the surrounding neighbours and to provide some improved aesthetics around Fallsview Blvd. In response to questions raised, the Director of Planning and Development advised that the applicant could not build the parking structure, at the present time due to the issue of the rail line. The Director of Municipal Works advised that staff are examining the issue of private commercial Tots and stated that staff would have more control through the site plan process rather than through commercial lot licences. 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. Italia Gilberti reviewed the proposed application and stated that onsite parking is preferred and the objective is to build onsite; she further advised that since two outstanding issues remain outstanding dealing with the air rights zoning application, the applicant has obtained approval to build a parking structure on its offsite Dunn Street land and has entered into a lease with the Sheraton Fallsview for 300 parking spaces. She indicated that to ensure the by -law provisions are met, the applicant had submitted this application. She expressed the view that paving and servicing are unnecessary expenses, at this was a temporary use; she requested approval of the subject application and subsequent by -law and further, that staff prepare the site plan agreement not requiring the paving or servicing and based only on the zoning by -law requirements. She advised that the applicant would be pleased to deposit sufficient security in order to guarantee the design aspect of the lot as outlined in the by -law. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 45/2002, closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the correspondence be received and filed. Carried Unanimously. See By -law No. 2003 -09 PD- 2003 -02 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 48/2002; 4594 4588 Huron Street; Applicant: V T Amato; Agent: J. Amato; recognition of Existing Single Detached Dwellings. The report recommends that Council approve the requested Zoning By -law amendment for 4594 and 4588 Huron Street to recognize the existing single detached dwellings on each parcel under the current residential Apartment 5F Density (R5F) zone. -AND Communication No. 03 Regional Niagara, Planning and Development Department. The communication advises as not being opposed to the approval of the proposed zoning by -law amendment. -5- January 13, 2003 Council Minutes 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 December 13, 2002. His Worship Mayor Thomson received indication that Mr. J. Amato, Agent, 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 property with the assistance of posted sketches; reviewed the information contained in the Recommendation Report, The Proposal; Surrounding Land Uses; Public Notification Process and Planning Review, and advised that staff were recommending approval of the requested amendment. 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. In response to a question raised, the Chief Administrative Officer advised that it would not be appropriate to waive the fees. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 48/2002, closed. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the application be received and adopted. Carried Unanimously ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the correspondence be received and filed. Carried Unanimously. PD- 2003 -04- Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 44/2002, 8240 McLeod Road; Applicant: Anna Rossi; Legalization of Hair Salon. The report recommends the following: 1. That Council approve the requested Zoning By -law amendment application to legalize an existing hair salon at 8240 McLeod Road; 2. That the amending by -law include a personal service shop as a permitted use limited to a floor area of 230 square metres; 3. That the illegally operating dollar store be removed or an application be made to amend the Zoning By -law to legalize the use. AND Communication No. 04 R. Belzil, a property owner on McLeod Road. The communication advises as being in support of the application. -6- January 13, 2003 Council Minutes 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 December 13, 2002. His Worship Mayor Thomson received indication that the applicant, Ms. Anna Rossi, 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- 44/2002, closed. ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that the application be approved. Carried Unanimously. ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that the correspondence be received and filed. Carried Unanimously. PD- 2003 -03 Chief Administrative Officer Re: Temporary Zoning By -law Amendment Application; AM- 39/2002, Stamford Nursery Garden Centre; 2828 St. Paul Avenue; Owner: 1338230 Ontario Limited; Garden Centre. The report recommends the following: 1. That Council approve the temporary use of the property for a garden centre and associated landscaping contracting business for a period not exceeding three years; 2. That the amending by -law contain provisions requiring landscaping strips and fencing along St. Paul Avenue and along the south and east property lines as detailed in this report, to buffer residential properties from the use; 3. That development of the site be subject to Site Plan Control to implement the measures discussed in recommendation #2 and interested residents be involved in the Site Plan Review. -AND Communication No. 05 Patricia Conner, 6122 Harvey Street. The communication advises as having no objection to the proposal; but expresses concerns with respect to the vacant lot behind the proposed garden centre. Communication No. 06 Jack Lee, 2714 St. Paul Avenue. The communication advises as being in support of the zoning by -law amendment, and that this would be an appropriate use of the land. -7- January 13, 2003 Council Minutes Communication No. 07 D. K. Dimond, 2964 Portage Road. The communication expresses strong objection to the rezoning of the property. Communication No. 08 Stanley Elizabeth Code, 6189 Harvey Street. The communication advises that as long as the road allowance from Harvey Street to St. Paul Avenue is closed off and not opened to traffic, they have no objection to the garden centre application. Communication No. 09 Don Martha Cruikshank, 6150 Mountaingate Drive. The communication advises as not being in opposition subject to the conditions as outlined in their correspondence. Communication No. 10 Frank Edith Benest, 6179 Harvey Street. The communication indicates opposition to the proposal. Communication No. 11 Tom Abma, 6185 Church's Lane. The communication expresses concerns regarding dust and noise levels from such an operation, specifically the possibility of increased week -end and evening truck noises. Communication No. 12 Eileen Douglas, 2955 Portage Road. The communication expresses concerns regarding the damage to her fence that adjoins her property and the property in question because of tree stumps; dense weed growth; garbage and noise if a stone crusher is permitted to operate; Communication No. 13 Gord Wiens Jan Wiens, 2971 Portage Road. The communication expresses opposition to the proposed temporary use by -law for a garden centre. Communication No. 14 Ron Wiens, 2961 Portage Road. The communication expresses opposition to the proposed temporary use by -law for a garden centre. 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 December 13, 2002. His Worship Mayor Thomson received indication that the applicant, Mr. Brockwell, 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 property with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; advised that the applicant was requesting to temporarily permit development of a garden centre and associated contracting business for a period not exceeding three years; advised that the amending by -law to contain provisions to provide a reasonable buffer and that development of the site be subject to site plan control. -8- January 13, 2003 Council Minutes In response to questions raised, the Director of Planning and Development provided clarification with respect to a "nursery" vs a "garden centre He further indicated that staff would like to have the neighbours participate in the site plan process. There was a positive response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a positive response in opposition to the application. Mr. Allan Davis, 2922 St. Paul Avenue, advised that he was in favour of the application. Mr. Joel Mowat, 5042 Hamilton Street advised that he was in favour of the application and that the garden centre proposal would be a good thing for that end of town. Mr. Gorman Latham, 2904 St. Paul Avenue, advised that the applicant had kept the neighbours abreast of what was going on and indicated that he was in favour of the application. Ms. Barbara Wiens, 2969 Portage Road, submitted Communication No. 15 Gord Jan Wiens, 2971 Portage Road expressing opposition to the proposed application; AND Communication No. 16 Ron Wiens, 2961 Portage Road expressing opposition to the proposal; she indicated opposition to the proposed application and expressed concerns regarding the dumping of roadside snow and salt on the property; the illegal dumping of shingles, construction debris, asphalt, concrete; commented that the majority of trees have been removed from the site, which had provided a natural buffer between the surrounding residential properties; indicated that the use was not compatible with the surrounding residential neighbourhood and that the impact on surrounding residential properties was significant regarding the hours of operation; traffic movement; noise, dust, fumes and visual appearance. She suggested that the issue of fencing; landscaping and tree buffers be looked into. Mr. Bruno Mannella, 2945 Portage Road, expressed concerns regarding the dust, noise and pollution from the site; indicated that trees and debris were buried on the property and that he has not enjoyed his backyard for the past two years that the business has been in operation; and requested that a buffer be placed between his property and the proposed garden centre. Mr. Brockwell, the applicant responded to concerns expressed by the residents, advising that the application was only for the front portion of the property; he commented that the trees had fallen due to decay and had to be removed; he also indicated that the use of the property needed to be developed over the next three years and that this would be a positive development. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 39/2002, closed. Following the discussion, the Director of Planning and Development commented that staff would like to have site plan control for the whole of the property. ORDERED on the motion of Alderman Campbell, seconded by Alderman Janvary-Pool, that the report be received and adopted and that the local residents be part of the site plan process. Carried Unanimously. ORDERED on the motion of Alderman Campbell, seconded by Alderman Janvary-Pool, that the correspondence be received and filed. Carried Unanimously. -9- PD- 2003 -05 Chief Administrative Officer Re: Request for Extension to Draft Plan Approval; Warren Woods, 26T -96001 (Revised); Owner: 797045 Ontario Ltd. The report recommends that Council support a one -year extension to draft plan approval for the Warren Woods Plan of Subdivision, conditional on the applicant erecting the appropriate subdivision signs on the property for public information purposes. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. PD- 2003 -06 Chief Administrative Officer Re: Tourism Policy Review Consultant Selection. The report recommends that Council authorize the IBI Group be retained for the purpose of undertaking a review and updating of the City's Official Plan tourism policies and associated implementation procedures. In response to questions raised on whether the Niagara Parks Commission would be contributing to the study, the Chief Administrative Officer stated that as a result of the study, the intent was that it would become the City's Official Plan and therefore, it would not be appropriate to ask for any contributions. Ms. Italia Gilberti advised that she represented many of the hotel owners, who have vested interests in what happens with this study and requested clarification on whether this study was still proceeding. She was advised that the old policies would be utilized until the new policies were in place. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with Alderman Wing abstaining from the vote on a conflict of interest because she owns property with a Parks employee and Alderman Puttick voting contrary to the motion and with all others voting in favour. REGULAR COUNCIL ADOPTION OF MINUTES January 13, 2003 Council Minutes Alderman Federow requested that the Minutes of December 9, 2002 Planning meeting be amended to reflect the discussions held regarding the Niagara Falls Minor Hockey Association and that those amendments be provided to Council at the upcoming Council meeting. ORDERED on the motion of Alderman Federow, seconded by Alderman Wing, that the Minutes of December 9, 2002 be amended to reflect the discussions held regarding the Niagara Falls Minor Hockey Association. Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary-Pool, that the Planning Minutes of November 18, 2002 and the Regular Minutes of December 2, 2002 be approved as printed. Carried Unanimously. Discussion ensued with respect to staff coming back with a report on the possibility of having a room levy similar to BIA levies as a means of raising monies from the tourist sector. Mayor Thomson advised that a full report would be coming back to Council along with a resolution to be forwarded to the Minister of Tourism and Recreation, the Hon. Frank Klees, regarding the establishment of a room levy. He advised that the hotel accommodations sector were in complete favour of the proposal but only required the appropriate legislation. During the discussion, Alderman Federow requested that the Minutes of the September 10, 2001 be amended, as he felt there had been an omission in the Minutes pertaining to a motion made by Alderman Volpatti, relating to Minor Hockey and correspondence sent to Margaret Dunn. ORDERED on the motion of Alderman Federow, seconded by Alderman Wing, that the City Clerk be requested to review the September 10, 2001 Council tape and report back to Council at its next meeting. The motion Carried with Aldermen Campbell, Craitor, Federow, loannoni, Wing and Mayor Thomson voting in favour and Aldermen Fisher, Janvary-Pool, Pietrangelo, Puttick and Volpatti voting contrary to the motion. UNFINISHED BUSINESS January 13, 2003 Council Minutes MW- 2003 -17 Chief Administrative Officer Re: Main Street Environmental Assessment. The report recommends that Council reconfirm Option #4 as the preferred alternative for the Main Street Environment Assessment (EA) AND Communication No. 17 (HANDOUT) Niagara Hospitality Hotels, Vince Kerrio, President. The communication expresses opposition to the closing of Main Street. AND Communication No. 18 (HANDOUT) Ministry of the Environment. The communication advises that the intent is to clarify their concerns with the study that were raised in a conversation with Mr. Darrell Smith, P. Eng., with Ministry staff on December 10, 2002. The Chief Administrative Officer provided a brief overview of the report which identifies what concerns and suggestions had been put forth from both objectors and indicated that the Ministry of the Environment has requested that the municipality put in writing what the rationale was for selecting Option #4. Mr. Rick Hein, Senior Project Manager, Delcan Corporation, provided a traffic model of a representation of what traffic would look like in the year 2011, based on the master transportation plan during peak hour traffic and representing Option #4. The Director of Municipal Works advised that any changes that would be made to Option #4 would be very significant modifications, according to the MOE. Discussion ensued with respect to future development; amendments to traffic flows; the preferred alternatives; safety issues and concerns. Mr. John Broderick, Solicitor on behalf of the Lincoln Motor Inn, advised that his client was requesting a modification to Option #4, to allow a break in the proposed median on Stanley Avenue, north of Dixon Street for northbound left turns to Main Street, to access the Lincoln Motor Inn. He further requested that possible time of day restrictions would be appropriate as traffic volumes on Stanley Avenue were not heavy during all hours of the day; he also suggested that if a problem would develop, his client would be agreeable to having the median restored to close off the access. Ms. Italia Gilberti, on behalf of the Saks Family, Renaissance Hotel, indicated that the key issue related to Option #4 was the restriction of Dixon Street eastbound through and left turn movements at the intersection with Stanley Avenue; and stated that Option #5A was the preference of her client COMMUNICATIONS January 13, 2003 Council Minutes Mr. Jim Duggan, President COA of Falls Management Co., advised that Falls Management were in support of Alternative #4 and opposed to Alternative #5; he indicated that the casino was the main traffic /bus generator in Niagara Falls and that access to Main Street was a key component; he indicated that closure of Main Street would cause traffic and pedestrian congestion; would impact the businesses on Fallsview Blvd., Murray Street and would be devastating to their businesses and other businesses in the area Mr. Rob Wanless, Marshall Macklin Monaghan Limited provided a presentation on the Main Street Environmental Assessment Study; the Niagara Falls Gateway Project (NFGP) Main traffic generated in Fallsview Tourist area; District of NFGP traffic on road network; How Main Street facilitates movement of NFGP traffic; How closure of Main Street would impact NFGP traffic; Position on the closure of Main Street; Alternate Site Status; Traffic Generation; Bus/Truck Court; Traffic Access Objectives; and advised that Alternate #4 meets the objectives and has direct benefits to the casino and other companies. Following the discussion, it was ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that Council supports Option #4 with the following three recommended amendments: to allow eastbound traffic to go straight onto Stanley Avenue; to have a left -hand turn onto Stanley Avenue; to have a left -hand turn from Stanley Avenue onto Main Street and further, that the Mayor, along with the appropriate staff, Consultants and interested stakeholders (Casino, Fallsview BIA) approach the M.O.E. advising them that Council supports Option #4 with the recommended modifications. Carried Unanimously. Communication No. 19 Ontario Association for Marriage and Family therapy Re: Proclamation. The communication requests that Council proclaim the week of February 10 -15, 2003 as "Marriage Checkup Week ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary-Pool that the request be approved. Carried Unanimously. REPORTS MW- 2003 -14 Chief Administrative Officer Re: Loose Leaf Pickup. The report recommends that the City discontinue the Loose Leaf Pickup Program. Ms. Linda Hendry, on behalf of the senior residents in the Beaverdams /Montrose area requested that Council reconsider staffs recommendation to discontinue the loose leaf pickup program. During the discussion, it was indicated that residents who can bag their leaves be encouraged to do so and also that this would be a perfect opportunity for schools to involve their students to do their 40 hours of community service by assisting seniors to bag their leaves. Following the discussion, it was ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, to deny staffs recommendation and that the City continue with the present leaf pickup program. Carried Unanimously. -12- January 13, 2003 Council Minutes BBS- 2003 -01 Chief Administrative Officer Re: Conditional Permit, Niagara Princess Hotel; 5046 Centre Street. The report recommends that Council do not object to the issuance of a Conditional Permit, which is not in accordance with established policy, for a six storey hotel building. ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. F -2003 01 Chief Administrative Officer Re: Municipal Accounts. The report recommends that Council approve the municipal accounts totalling $15,424,917.67 for the period ending January 13, 2003. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that the report be received and adopted. The motion Carried with Aldermen loannoni, Pietrangelo, Campbell, Craitor, Federow abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. FS- 2003 -02 Chief Administrative Officer Re: Problems with CACC. The report recommends that the report is for the information of Council. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. Following some discussion, it was ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that all area Fire Chiefs, Mayors and the Regional Chair, meet to discuss the issues and concerns. Carried Unanimously. L- 2003 -06 Chief Administrative Officer Re: Public Notice provisions pursuant to new Municipal Act, 2001. The report recommends that Council pass a by -law to establish procedures for the giving of public notice as required pursuant to the Municipal Act, 2001. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. See By -law No. 2003 -02 CONSENT AGENDA See By -Law No. 2003 -10 ORDERED on the motion of Alderman Puttick, seconded by Alderman Pietrangelo, to approve all of the recommendations contained in the reports of the Consent Agenda. MW- 2003 -01 Chief Administrative Officer Re: Tender #13 -2002, New Equipment Purchase Brush Chipper. That the tender for one (1) Trailer Mounted Brush Chipper from Powertech Inc. for a final purchase price of $43,096.25 (tendered price less $6,000 trade -in allowance plus taxes) be accepted; MW -2003- 04 Chief Administrative Officer Re: Assumption of Various Subdivisions. That the City formally assume the Plans of Subdivision listed in this report; R- 2003 -02 Chairperson, Arts Culture Commission Re: Performing the National Anthem. That the National Anthem be performed on a monthly basis; R- 2003 -03 Chief Administrative Officer Re: Addition to Contract for F.H. Leslie WadinglSpray Pool. That an addition to Contract #P -45 with Touchstone Site Contractors Inc., to install a recirculating pump and chlorination system, to the F.H. Leslie Wading /Spray Pool, at a cost of $15,900 plus applicable taxes be approved;. -13- January 13, 2003 Council Minutes FS-2003-01 Chief Administrative Officer Re: Municipal By -Law 80 -114; Designation of Required Fire Access Routes; Inclusion of Promenade Condominiums; 3300 Montrose Road; Owner: Kurt Klein. that the request of Kurt Klein, on behalf of Klein Bld. Corp. Ltd. to designate the private roadway as a Fire Route be approved L- 2003 -01 Chief Administrative Officer Re: Establishment of Public Highway; Part 7 On Reference Plan 59R -11808 as part of Beechwood Road; File No.: 2002 -181. That a road widening, being Part 7 on Reference Plan 59R -11808 attached as Appendix "A" be established as a public highway, to be known as Beechwood Road; L- 2003 -02 Chief Administrative Officer Re: Release of Agreements; HOCO Ltd. Clifton Hill; File No.: 2002 -552. That the release of two Site Plan Agreements registered on title of the lands owned by HOCO and known municipally as Clifton Hill, are authorized and that the Mayor and Clerk be authorized to execute any documents necessary for the purpose of releasing and terminating the Agreements, at no cost to the City. Alderman Fisher previously declared a conflict of interest; L- 2003 -05 Chief Administrative Officer Re: Release of Agreement Downtown Professional Building Inc.; 4701 St. Clair Avenue; File No.: 2002 -576. That Council authorizes execution of a consent to Amend the Register and documents necessary for the purpose of releasing and terminating an Agreement made between the former owners Nello and Giuliano DiGasbarro and The Corporation of the City of Niagara Falls for lands municipally known as 4701 St. Clair Avenue. The motion Carried with Alderman Fisher abstaining from the vote on Report L- 2003 -02 on a conflict of interest previously noted and with all others voting in favour. RATIFICATION OF COMMITTEE -OF- THE -WHOLE ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the actions taken, earlier this evening, in Committee -of- the Whole, be approved: 1. Niagara Falls Armoury that staff be directed to meet with Federal Government staff to further review and clarify the terms and conditions of the proposed agreement of purchase and sale of the Niagara Falls Armoury and report back to Council. 2. M.V. Colaneri Holdings Inc. that the Mayor Clerk be authorized to sign the Minutes of Settlements and be authorized to attend before the OMB to speak to the settlement as set out in the Minutes. The motion Carried with Alderman Campbell abstaining from the vote on Item #1, Niagara Falls Armoury, because he resides in the area and with all others voting in favour. RESOLUTIONS NO. 01 VOLPATTI CAMPBELL THAT a letter of condolence be forwarded to the family of the late Anne MacDonald, mother of the City's Chief Administrative Officer, Mr. John MacDonald. AND The Seal of the Corporation be hereto affixed. Carried Unanimously. 2003 -09 -14- BY -LAWS January 13, 2003 Council Minutes NO. 02 FISHER CRAITOR WHEREAS the community was saddened by the accident which saw, local teenager Ray Anderson paralysed from the neck down; and WHEREAS some local residents, lead by Ashley Devries, wanted to hold a skate -a -thon to raise money for Ray; and WHEREAS some unbooked ice time was available on December 31; and WHEREAS the organizers requested that the fees associated be waived; and WHEREAS there was not a Council meeting scheduled over the holiday season, a phone poll of Council was conducted; and WHEREAS a majority of Council approved the waiving of fees. THEREFORE BE IT RESOLVED that Council pass this resolution formalizing their approval of the waiver of fees. AND The Seal of the Corporation be hereto affixed. Carried Unanimously. 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: 2003 -01 A by -law to provide for appointments to certain Boards, Commissions and Committees. 2003 -02 A by -law to establish procedures for the giving of notice. 2003 -03 A by -law to amend By -law No. 2002 -011, being a by -law to provide for appointments to certain Boards, Commissions and Committees. 2003 -04 A by -law to establish Part 7 on Reference Plan 59R- 11808, as a public highway, to be known as and to form part of Beechwood Road. 2003 -05 A by -law to authorize the execution of an Amending Agreement to a Deferment of Payment of Development Charges with Orsini Bros. Inns Inc. 2003 -06 A by -law to amend By -law No. 79 -200, to permit the construction of a special institutional use on the north side of McLeod Road. 2003 -07 A by -law to amend By -law No. 79 -200, to permit the development of the Garner Estates Phase 4 residential plan of subdivision located north of McLeod Road and east of Garner Road. 2003 -08 A by -law to authorize a Discharge of Charge /Mortgage /No. 583820 to The Optimist Club of Niagara Falls from The Corporation of the City of Niagara Falls dated May 11, 1999. A by -law to amend By -law Nos. 79 -200, 2000 -103 and 2000 -165, to temporarily relieve a hotel from providing all of the required parking on certain lands and to temporarily permit another parcel of land to be used for off -site parking. 2003 -10 A by -law to authorize monies for General Purposes (January 13, 2003) 2003 -11 A by -law to adopt, ratify and confirm the actions of City Council as its meeting held on the 13' day of January, 2003. The motion Carried with Aldermen loannoni, Pietrangelo, Campbell, Craitor and Federow abstaining from By -law No. 2003 -10 on conflicts of interest previously noted; Alderman abstaining from the vote on a conflict of interest on By -law No. 2003 -07 and with all others voting in favour. -15- January 13, 2003 Council Minutes ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the following by -laws be now read a second and third time: 2003 -01 A by -law to provide for appointments to certain Boards, Commissions and Committees. 2003 -02 A by -law to establish procedures for the giving of notice. 2003 -03 A by -law to amend By -law No. 2002 -011, being a by -law to provide for appointments to certain Boards, Commissions and Committees. 2003 -04 A by -law to establish Part 7 on Reference Plan 59R- 11808, as a public highway, to be known as and to form part of Beechwood Road. 2003 -05 A by -law to authorize the execution of an Amending Agreement to a Deferment of Payment of Development Charges with Orsini Bros. Inns Inc. 2003 -06 A by -law to amend By -law No. 79 -200, to permit the construction of a special institutional use on the north side of McLeod Road. 2003 -07 A by -law to amend By -law No. 79 -200, to permit the development of the Garner Estates Phase 4 residential plan of subdivision located north of McLeod Road and east of Garner Road. 2003 -08 2003 -09 A by -law to authorize a Discharge of Charge /Mortgage /No. 583820 to The Optimist Club of Niagara Falls from The Corporation of the City of Niagara Falls dated May 11, 1999. A by -law to amend By -law Nos. 79 -200, 2000 -103 and 2000 -165, to temporarily relieve a hotel from providing all of the required parking on certain lands and to temporarily permit another parcel of land to be used for off -site parking. 2003 -10 A by -law to authorize monies for General Purposes (January 13, 2003) 2003 -11 A by -law to adopt, ratify and confirm the actions of City Council as its meeting held on the 13 day of January, 2003. The motion Carried with Aldermen loannoni, Pietrangelo, Campbell, Craitor and Federow abstaining from By -law No. 2003 -10 on conflicts of interest previously noted; Alderman abstaining from the vote on a conflict of interest on By -law No. 2003 -07 and with all others voting in favour. NEW BUSINESS Report CAO- 2003 -01 Hydro Connection Costs ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that the City Clerk bring back an appropriate resolution and forward it to Bart Mayes, M.P.P. and to Premiere Ernie Eaves regarding hydro rebates to developers and businesses. Carried Unanimously. Letters of Condolence Two Casinos Duplication of Complaints -16- The City's Computer System and the Issue of Privacy January 13, 2003 Council Minutes ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Pietrangelo, that a letter of condolence be forwarded to the family of the late Donald Thomas. Carried Unanimously. ORDERED on the motion of Alderman Campbell, seconded by Alderman Pietrangelo, that a letter of condolence be forwarded to the family of the late Dorothy P. Dickinson, wife of Dr. Thurston E. Dickinson. Carried Unanimously. ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman loannoni, that a letter of condolence be forwarded to the family of the late Phyllis Ruth Carnite. Carried Unanimously. ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that permission be granted to proceed past 11 o'clock. Carried Unanimously. MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS His Worship Mayor Thomson provided a list of accomplishments of Council in 2002 and outlined the objectives for 2003. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Puttick, that a resolution be prepared endorsing that the two casinos in our community are appropriate and suitable in their locations and that the Mayor, Chief Administrative Officer and appropriate staff approach the Minister David Young with Council's resolution. The motion Carried with Alderman Federow voting contrary to the motion and with all others voting in favour. ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that staff bring back a report regarding the responsibility of Council members using the City's Computer System and the issue of privacy of Council e- mails. Carried Unanimously. ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti, that staff bring back a report on what Aldermen should do with regard to receiving the same complaints /concerns from residents and passing on the same complaints to staff and whether those complaints should be going through the CAO's office. Carried. Railway Ties Sinnicks Avenue ORDERED on the motion of Alderman Craitor, seconded by Alderman Volpatti, that staff look into the concerns expressed by the residents of Sinnicks Avenue regarding the railway ties; their height and odour. Carried Unanimously. ORDERED on the motion of Alderman Craitor, seconded by Alderman Janvary-Pool, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, AlO DEAN IORFIIIA, CItY CLERK WAYNE THOMSON, AYOR -17- January 13, 2003 Council Minutes