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2003/04/28ELEVENTH MEETING REGULAR COUNCIL Council met on Monday, April 28, 2003 at 6:55 p.m. for the purpose of considering Regular Business matters. All members of Council, were present. Alderman Shirley Fisher offered the Opening Prayer. ADOPTION OF MINUTES DISCLOSURES OF PECUNIARY INTEREST Council Chambers April 28, 2003 ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that the Minutes of April 14, 2003 be adopted as printed. Carried Unanimously. Alderman Campbell indicated a conflict of interest on the matters dealing with the School Crossing Guard matter at Cherrywood Acres from Community Services Committee and on the School Crossing Guard presentation to Greendale Public School because the District School Board of Niagara is his employer. Alderman Craitor indicated a pecuniary interest on Report F- 2003 -21, Cheque Nos. 275146 and 275253, because a member of his family is employed by the Region; and on Report CD- 2003 -11 from the Community Services Committee because he is involved with an organization that runs bingos. Alderman Federow indicated a pecuniary interest on Report F- 2003 -21, Cheque Nos. 275134, 275239 and 275240, because he has an ongoing conflict with the Humane Society. Alderman loannoni indicated a pecuniary interest on Report F- 2003 -21, Cheque No. 275225 because she is the recipient. Alderman Wing indicated a conflict of interest on Report PD- 2003 -46 and on the matter dealing with Crossing Guards from the Community Services Committee because she owns property with a Niagara Parks employee. Rain Barrel Sale MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS His Worship Mayor Thomson advised that the City would be holding another Rain Barrel Sale on May 24 2003 at Niagara Square and invited residents to take this opportunity and purchase rain barrels. Chippawa Swimming Pool His Worship Mayor Thomson suggested that the new Chippawa Swimming Pool be named after the late Buck Hinsperger, a former Alderman, community volunteer and well respected resident of Chippawa. ORDERED on the motion of Alderman Fisher, seconded by Alderman Federow, that the new Chippawa Swimming Pool be named after Buck Hinsperger. Carried Unanimously. Super Hospital Mayor Thomson referred to the recent announcement of a new "Super Hospital" in St. Catharines. He stated that Council was on record as being in support of having a Super Hospital centrally located so that it could be easily accessible by public transit for all residents in the Niagara Region. It was suggested that a committee be formed to include Mr. John Carter; City staff; Niagara Health System staff; community volunteers and Council members, to study the Super Hospital issue. ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool that Aldermen Fisher, loannoni, Janvary-Pool, Puttick and Volpatti along with Mr. John Carter, City staff; the Niagara Health System staff, and community volunteers sit on a committee to look at having one Super Hospital in the Region, considering such issues as transportation and to report back to Council. Carried Unanimously. PRESENTATIONS School Crossing Guard Crest Competition European Air Canada Cup Hockey Tournament April 28.2003 Council Minutes Alderman Kim Craitor, Ms. Sue McDowell and Mr. Sam LaRosa of the Parking Traffic Committee were in attendance and presented an award to Greendale Public School for the winning design of a crest to be used by City Crossing Guards. His Worship Mayor Thomson congratulated and presented a token of appreciation to Ms. Val Hall, a member of the Women's National Hockey Team who won a gold medal as a member of the Women's under 22 European Air Canada Cup Hockey tournament in Germany. St. John Ambulance DEPUTATIONS Lieutenant Colonel Jeff Cairns, Chair, St. John Ambulance provided a brief history of the St. John Ambulance organization and it's involvement in the community. Chief Peter Corfield, Campaign Chair, provided information on the Capital Campaign to purchase a new Ambulance /Mobile First Aid Post and requested community support in their fundraising efforts. Following the presentation, it was ORDERED on the motion of Alderman Craitor, seconded by Alderman Wing, that the matter be referred to staff to look into whether the City can financially participate in the campaign. Carried Unanimously. Act. 3 April 28, 2003 Council Minutes UNFINISHED PLANNING MATTERS PD- 2003 -46 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 0212003, 6505 Fallsview Boulevard and land on the North side of Dunn Street; Applicant: Niagara 21" Group Inc., Agent: Italia Gilberti, Solicitor; Proposed Keg Restaurant/Attraction. The report recommends that Council give its approval to an application for the development of a Keg Restaurant as disclosed in amended application at the above -noted location, subject to the following conditions, namely: 1. That the parking spaces that cannot be provided on -site, may be provided on a temporary basis on off -site premises at the Dunn Street property referred to above. 2. The temporary approval referred to in (1) above would be for a 3 year period specifically related to the advent of a new People Mover System in Niagara Falls presently being planned and no renewal of the temporary approval would be given in the event that the new People Mover System was in operation. 3. The temporary parking spaces at the Dunn Street property referred to in (1) above are for the Keg Restaurant and an attractor and not for commercial parking. 4. The Keg Restaurant will not be occupied unless and until the required parking spaces referred to in (1) above are in existence (it being understood that at present a parking structure would have to be erected on the Dunn Street property to house the temporary parking required). 5. Upon the end of the temporary approval, the Keg Restaurant could not continue to operate at the above location unless the applicant provided cash -in -lieu for the number of spaces required or made other arrangements for the provision of parking at another location acceptable to the Council. 6. The applicant satisfactorily address the issue of lot coverage and on -site service vehicle manoeuvring prior to the adoption of the amending by -law. AND Communication No. 89 BLS Planning Associates Re: Proposed Keg Restaurant Planning Report PD- 2003 -24. The communication provides comments on the proposed restaurant's exemption from having to provide any parking; and the reduction of amount of parking required and the requirements of the zoning by -law. AND Communication No. 90 Renaissance Fallsview Hotel. The communication advises as not being opposed to the proposed development of a Keg Restaurant, but expresses concerns with respect to the parking aspect of the proposal. 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 April 7, 2003. His Worship Mayor Thomson received indication that Ms. Italia Gilberti, Solicitor, was in attendance on behalf of the applicant and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. -4- April 28, 2003 Council Minutes 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 and advised this was an unfinished planning matter from the March 17, 2003 Council meeting, of an application which proposed to exempt the planned Keg Restaurant from having to provide parking or to reduce the amount of parking required and provide that parking at an offsite location. He provided a brief summary of the events that had transpired and resulted in the present recommendations. He advised that the parking structure would be on a temporary basis and if the applicant could not provide parking, that cash -in -lieu was to be contemplated. 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. Ms. Italia Gilberti, on behalf of Mr. Vince Kerrio, President, Kerrio Corp., expressed his support of the proposal. Mr. Scott Snider, Solicitor on behalf of Helias Enterprises, introduced Mr. Heinz Schweinbenz, Consulting Engineer who expressed the opinion that Council did not have enough evidence before them to make an informed decision. Mr. Scott Snider, stated the concern that his client would become "host" to the parking of the Keg Restaurant patrons; he expressed the opinion that the temporary by- law did not conform to the Official Plan; he indicated that if Council approved this application, that they would set the stage to have to grant similar parking relief for future applications; he expressed the opinion that there was not enough information to determine potential impacts. Ms. Italia Gilberti advised that the applicant was now requesting that the parking associated with the proposed Keg Restaurant and attraction be provided permanently offsite on the proponents' lands located on Dunn Street. She further advised that the permanent off -site parking would abide by the current by -law requirements of having one parking space for every five seats. Also, the applicant was requesting an 85% lot coverage and a 50- foot building height. Ms. Gilberti requested that these matters be addressed in a zoning by -law to be brought forward at the next Council meeting. Ms. Gilberti stated that the staff report had been reviewed by her client but upon further review it was not financially feasible for them to go along with the report's recommendations. She indicated that on -site parking could not be established on -site and expressed the opinion that the City's Official Plan did contemplate off -site parking. Ms. Gilberti stated that the exact number of parking spaces for the proposed restaurant and attraction will be determined and finalized at the site plan stage and should a review of the City's parking requirements ever be undertaken pursuant to Policy No. 4.5.2 and it was established that reduced parking standards should apply, that the proponent would be pleased to comply with the reduced number. She provided clarification with respect to the issue of valet parking concerns, the maximum lot coverage and the manoeuvring and unloading of service vehicles. During the discussion, it was moved by Alderman Volpatti, seconded by Alderman Campbell, that Mr. Ed Lustig, Project Director for the People Mover System. Carried Unanimously. April 28, 2003 Council Minutes Mr. Lustig provided an overview of the People Mover project: how the City had invested $18 million in the purchase of the rail lands and that it was in the public interest for the City to protect and enhance this investment; he stated there has been a lot of interest in the People Mover project and that over the next several months, the following issues needed to be dealt with: 1) will the private sector be prepared to take on the expense and risk of this project in response to the Request for Qualifications and Request for Proposals; 2) will the senior levels of government financially support this project in order to cover the costs not covered by private investment; 3) will the interim casino be left open in order to enhance ridership potential and economic viability; 4) will the City be prepared to undertake a parking study to protect its investment and enhance the economic viability of the project. Mr. Lustig stated that the issue with respect to the proposal was whether to allow temporary or permanent parking and advised that the parking could become permanent if the People Mover System did not go forward. Mr. Gregg Loane, IBI Consultant Group reviewed the People Mover Parking Strategy; indicated that IBI were recommending, in the interim, that temporary by -law's for parking be permitted and provided clarification on the recommendation dealing with the cash -in -lieu issue. In response to concerns expressed, the Director of Planning and Development advised that the policies of the Official Plan are predicated on land users providing parking on -site. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 02/2003 closed. On the motion of Alderman Campbell, seconded by Alderman Volpatti, that the matter be deferred in order that staff and the proponent get together to discuss their concerns. The motion was Defeated with the following vote: AYE: Aldermen Campbell, Federow, loannoni, Janvary-Pool, Volpatti. NAYE: Aldermen Craitor, Feren, Fisher, Orr, Pietrangelo, Puttick Alderman Wing abstained from the vote on a conflict of interest previously noted. Following further discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the Keg Restaurant be approved with 85% lot coverage with a 50 -foot building height and that parking be approved permanently on the Dunn Street location. The motion Carried with the following recorded vote: AYE: Aldermen Craitor, Feren, Fisher, Orr, Pietrangelo, Puttick, and Mayor Thomson. NAYE: Aldermen Campbell, Federow, loannoni, Janvary-Pool, and Volpatti. Alderman Wing abstained from the vote on a conflict of interest previously noted. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the correspondence be received and filed. Carried Unanimously. Aldermen Campbell, Fisher and loannoni vacated Chambers. -6- April 28. 2003 Council Minutes COMMUNICATIONS Communication No. 91 Board of Museums Re: Proclamation. The communication requests that Council proclaim the month of May as International Museums Month" and also proclaim May 18 2003 as "International Museums Day ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the requests be supported. Carried Unanimously. Communication No. 92 Lundy's Lane B.I.A. Re: Approval of the 2003 Budget. The communication requests that Council approve the Lundy's Lane B.I.A. 2003 Budget. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the request be approved. Carried Unanimously. Communication No. 93 Memo from Chief Patrick Burke Re: Proclamation. requesting that Council proclaim the week of May 4th May 10 2003 as "Emergency Preparedness Week" in Niagara Falls. ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo, that the request be supported. Carried Unanimously. Communication No. 94 Canadian Mental Health Association, Niagara Branch Re: Proclamation. The communication requests that Council proclaim the week of May 5th to May g 2003 as "Health Week" in Niagara Falls and requesting that a flag raising ceremony to be held on May 7 2003 at 11:30 a.m. at City Hall. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the request be supported. Carried Unanimously. Communication No. 95 Regional Niagara, Public Works Department Re: CNR Crossing Improvement and Track Repair (Montrose Road). The communication requests for an exemption to the Noise By -law for night work to be carried out on Montrose Road. ORDERED on the motion of Alderman Puttick, seconded by Alderman Pietrangelo, that Council approve the request. Carried Unanimously. Aldermen Fisher and Campbell returned to Council Chambers. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the actions taken in Community Services Committee, earlier this evening be approved: 1. Adoption of April 7, 2003 Community Services Committee Minutes; 2. MW- 2003 -80 Kister Road, Heavy Vehicle restriction that the signage be installed; 3. MW- 2003 -86 Temporary School Crossing at North Leg of Portage Road at Morrison Street that two crossing guards be provided; Alderman Campbell and Wing conflicts; 4. R- 2003 -23 Patrick Cummings Memorial Sports Complex Tree Removal TR03- 2003 that the report be deferred pending Public Meeting; -7- April 28, 2003 Council Minutes 5. R- 2003 -25 National Amateur Baseball Federation (NABF) that the ball diamond improvements not proceed; 6. R- 2003 -28 Policy on Advertising in City Recreation Facilities to approve the policy regarding advertising in City Recreation Facilities; 7. R- 2003 -30 Rehabilitation /Enhancement of City-Owned Property Lot #163 (former City Dump Site on Montrose Road) that the following recommendations (with modifications) put forth by the residents to the north and west of the former City dump be approved: 1) That the site enhancement/rehabilitation work will continue and that staff will meet with the community to discuss some other modifications; 2) That the former landfill site be designated as parkland and that the end use of the south side be decided by Council at a future date; 3) That the placement of materials taken from the Community Centre site be deposited on the former dump site and not extend beyond the edge of the existing slope and that staff will make an effort to do so; 4) That staff agree in principle, that the trees and vegetation remaining outside the old landfill be left untouched and that no fill be added to this area, thus preserving and enhancing the natural regenerative qualities already established.; 5) That a park committee consisting of local residents be formed to work in conjunction with the City to maintain and manage the parkland; 6) That if the south area is to be developed in the future that the fill be deposited on the old landfill site; 7) That fill be entered onto the site on a north to south pattern; 8) That if the City runs out of fill, they (the City) would not touch the slope directly behind the residents on Charnwood Avenue. 8. CD- 2003 -11 Process for Revisions to the Municipal Event Calendar and Allocation of Bingo Events that the draft report be tabled until the next Council meeting to be held on May 12, 2003 Alderman Craitor conflict of interest; 9. F- 2003 -17 Development charges 2002 Financial Information that this report be received and filed; 10. F- 2003 -18 2002 Reserves and Reserve Funds that Committee review and approve the 2002 transfers to reserves and reserve funds; 11. F- 2003 -19 2002 Capital Accounts that this report be received for the information of Committee; 12. F- 2003 -21 Municipal Accounts that the municipal accounts totalling $2,523,154.32 for the period ending April 28, 2003 be approved; 13. F- 2003 -22 Major Receivables Quarterly Report that this report be received for the information of Committee. The motion Carried with Alderman Craitor abstaining from the vote on Report CD- 2003 -11 on a conflict of interest previously noted; and Aldermen Craitor, Federow and loannoni abstaining from the vote on Report F- 2003 -21 on conflicts of interest previously noted and with all others voting in favour. See By -Law No. 2003 -91 PD-2003-45 Chief Administrative Officer Re: Street Name Change Request; Portion of Beechwood Road to Taylor Road; Niagara Falls, Ontario. The report recommends that Council pass a resolution in support of the Region's request for a name change of a portion of Beechwood Road to Taylor Road and that this resolution be forwarded on to the Region. ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool, that the report be received and adopted. Carried Unanimously. See Resolution No. 15 -8- April 28. 2003 Council Minutes RATIFICATION OF MUNICIPAL PARKING TRAFFIC COMMITTEE ACTIONS ORDERED on the motion of Alderman Craitor, seconded by Alderman Feren, that the following actions taken at the Municipal Parking Traffic Committee on April 15, 2003 be approved: MW- 2003 -84 Chairperson, Municipal Parking Traffic Committee Municipal Parking Traffic Committee Recommendations April 15, 2003 Meeting. 1) School Crossing Guard Logo /Crest Competition -that the Grand Prize, for the School Crossing Guard Logo /Crest Competition, be awarded to the Grade Eight Class of Greendale Public School; 2) MW- 2003 -07 Victoria Avenue at Magdalen Street Intersection Control Review a) that a traffic signal not be installed at the intersection of Victoria Avenue Magdalen Street; b) that a pedestrian signal not be installed at the intersection of Victoria Avenue Magdalen Street; c) that a crosswalk be painted on the west approach and the south approach of the intersection of Victoria Avenue and Magdalen Street; d) that this intersection be reviewed during the 2003 peak season, along with the Victoria /Centre intersection review, to determine whether a pedestrian signal is warranted; 3) MW- 2003 -71 Queen Street at Ontario Avenue, Parking Stall Removal that staff prepare a report concerning the possibility of installing an all way stop control or traffic signals at the intersection Ontario Avenue and Queen Street as well as the cost associated and feasibility of relocating the traffic signals from St. Lawrence Avenue and Queen Street, should (signals be warranted; and report on the cost of installing /removing a chicane at the intersection of the Ontario Avenue and Queen Street; 4) Review of All Way Stop Location that staff prepare a report identifying all the unwarranted all way stop control locations in the City. The motion Carried with Aldermen Campbell and Wing abstaining from the vote on Report MW- 2003 -84 on conflicts of interest previously noted and with all others voting in favour. R- 2003 -21 Chief Administrative Officer Re: Mandate of the Recreation Commission. The report recommends that Council refer any item of a recreational nature which may need a dispute resolution process to the Recreation Commission. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. FS- 2003 -06 Chief Administrative Officer Re: Diesel Emissions Filtration System. The report recommends that Council authorize the purchase and installation of apparatus diesel exhaust filtration systems for fire department from Ward Diesel Filter Systems, Horsehead, New York, at a total cost of approximately $8,208.00 (US dollars) per nuit plus taxes. The total cost for 12 units is $98,496.00 plus applicable taxes. April 28, 2003 Council Minutes ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. L- 2003 -33 Chief Administrative Officer Re: (Grand Niagara Resort) Permanently Close to the following Roads: Part of Road Allowance between Lots 2 and 3, north of Biggar Road and south of Grassybrook Road; Part of Crowland Road between Lots 4 and 5, north of Biggar Road and south of Grassybrook Road; Part of Crowland Road between Montrose Road and Morris Road. The report recommends the following: 1. That the roads set out in Schedule "A" and shown in Schedule "B" be permanently closed; 2. That the roads set out in Schedule "A" and shown in Schedule "B" be declared surplus and offered for sale at fair market value to an abutting owner, Grand Niagara Resort Inc. and further, that the proposed purchaser pay for all costs associated with the sale, including the cost of an appraisal, reference plan and all notices; 3. That this will constitute notice to the public with respect to the proposed sale of the roads set out in Schedule "A" and shown in Schedule "B" and same will be considered by Council at its meeting of June 2, 2003, in the Council Chambers at 6:00 p.m. the contact person is the writer of this report. -AND Communication No. 96 Ed Wright. The communication advises as having a number concerns with respect to the closure of Grassybrook Road. -AND Communication No. 97 Bob Robinson, Bob Robinson Son Construction. The communication provides comments on the proposed closing of Grassybrook Road. Mr. J. Ross Macfarlane, Solicitor, on behalf of five residents of Grassybrook Road, advised that the residents were in opposition to the closure of Grassybrook Road, but were not opposed to the proposed golf course application. He advised that during the original site plan process, his clients had the following concerns: the water table; wetland preservation and roads and that assurances had been given that the existing roads would be preserved and enhanced; he referred to the significant amount of traffic that would be generated in the area of the golf course and in front of Mr. Facca's property at 9733 Crowland; he addressed the concerns of Mr. Bob Robinson, who owns a construction business in the area, with regard to access of the heavy vehicles. He expressed safety concerns, especially during the winter, on using Biggar Road; questioned the ability of emergency services to get to his client's homes; and provided a petition, headed by Jack Facca in opposition to the Grassybrook road closure. Alderman loannoni vacated Council Chambers. Mr. Bob Robinson advised that the residents were in favour of the proposed golf course development but were opposed to the road closure. He expressed the opinion that it would not benefit the residents in the area or the residents of Niagara Falls, only the golf course and suggested that Grassybrook Road remain open. Mr. Ed Wright expressed opposition to the proposed closure of Grassybrook Road and commented on the public notification process. -10- April 28. 2003 Council Minutes The City Solicitor provided clarification on concerns expressed regarding the public notification process; advised that the permanent road closure should be done in conjunction with the site plan and indicated that the 2001 Municipal Act provides that if Council were to pass this by -law tonight, it would not take effect until a certified copy of the by -law was registered in the Registry Office. In response to the issue of emergency services, he advised that the report had been circulated with no objections being provided. In response to concerns expressed, the Director of Municipal Works advised that a traffic impact study had been provided by the proponent and that the study was available; he further advised that if Grassybrook Road was to be closed, improvements, funded through development charges, could be made to Morris Road in order to accommodate truck traffic and improve the truck turning; he pointed out that the Grassybrook/Moyer area was not under the City's jurisdiction. Mr. Tony Sharp, Partner /Developer advised that from a development point of view, it would impact the viability and quality of the resort if Grassybrook Road was not closed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren, that staff proceed with closing the unopened road allowance (Misner Road) and that the matter be deferred in order that the residents and staff meet to address their concerns. Carried Unanimously. 2. MW- 2003 -79, contract 2003 -09, 2003 Crack Sealing Program; 3. MW- 2003 -81, Drummond Road Bridge Closure at the OPG Canal; 4. MW- 2003 -85, 2003 Rain Barrel Sale. See By -law No. 2003 -90 L- 2003 -34 Chief Administrative Officer Re: Offer for Sale Parts of Two Laneways located northeast of Centre Street. The report recommends the following: 1. That part of two laneways located northeast of Centre Street and southeast of McGrail Avenue, shown hatched on the Plan attached as Schedule "A" (subject lands) and set out on a location map as Schedule "B be offered for sale to the abutting owners, as set out in Schedule "C" attached, for nominal consideration. 2. That the abutting owners as set out in Schedule "C" attached, pay for all costs associated with the sale including the cost of an appraisal. ORDERED on the motion of Alderman Feren, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren, that the report be received and adopted. The motion Carried with Alderman Orr abstaining from the vote on a conflict of interest and with all others voting in favour. 1. MW- 2003 -77, Victoria Avenue, Removal of Retaining Wall and Embankment; Contract 2003- 125-03 "REVISED ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the following reports be received and adopted. The motion Carried -11- April 28, 2003 Council Minutes RESOLUTIONS NO. 13 PIETRANGELO VOLPATTI NOW THEREFORE BE IT RESOLVED THAT pursuant to the Ontario Transit Renewal Program, the Council of the Corporation of the City of Niagara Falls hereby requests payment of renewal funds for transit vehicles for conventional transit vehicles in the amount of $338,994.00. AND The Seal of the Corporation be hereto affixed. Carried Unanimously NO. 14 PIETRANGELO VOLPATTI NOW THEREFORE BE IT RESOLVED THAT pursuant to the Ontario Transit Renewal Program, the Council of the Corporation of the City of Niagara Falls hereby requests payment of renewal funds for transit vehicles for physically disabled persons in the amount of $26,640.00. AND The Seal of the Corporation be hereto affixed. Carried Unanimously NO. 15 PIETRANGELO VOLPATTI THEREFORE BE IT RESOLVED THAT Niagara Falls City Council has no objections to the changing of the name of a portion of Beechwood Road (Regional Road 70) to Taylor Road; and FURTHER BE IT RESOLVED THAT the resolution be forwarded to the Regional Municipality of Niagara to begin the public process to change the street name. AND The Seal of the Corporation be hereto affixed. Carried Unanimously BY -LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Puttick, that leave be granted to introduce the following by -laws, and the by -laws be read a first time: 2003 -88 A by -law to amend By -law No. 79 -200, to permit several parcels of land to function as one for the purpose of providing required parking. (Re: AM- 03/2003, Francis Patterson Limited /Sandra Josephine Patterson) 2003 -89 A by -law to designate the property known as the John Ingles House, 6151 Culp Street, being PIN No. 64354- 0088(LT) within the City of Niagara Falls, to be of historic and architectural value and interest. 2003 -90 A by -law to permanently close part of highways. (Re: Report L- 2003 -33) 2003 -91 A by -law to authorize monies for General Purposes (April 28, 2003) 2003 92 A by -law to amend By -law No. 2001 -31, being a by -law respecting the issuance of licences in the City of Niagara Falls. 2003 -93 A by -law to adopt, ratify and confirm the action of City Council at its meeting held on the 28` day of April, 2003. The motion Carried with Aldermen Craitor, Federow and loannoni, abstaining from By -law No. 2003 -91 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the following by -laws be now read a second and third time: 2003 -88 A by -law to amend By -law No. 79 -200, to permit several parcels of land to function as one for the purpose of providing required parking. (Re: AM- 03/2003, Francis Patterson Limited /Sandra Josephine Patterson) 2003 -89 A by -law to designate the property known as the John Ingles House, 6151 Culp Street, being PIN No. 64354- 0088(LT) within the City of Niagara Falls, to be of historic and architectural value and interest. -12- April 28, 2003 Council Minutes 2003 -90 A by -law to permanently close part of highways. (Re: Report L- 2003 -33) 2003 -91 A by -law to authorize monies for General Purposes (April 28, 2003) 2003 -92 A by -law to amend By -law No. 2001 -31, being a by -law respecting the issuance of licences in the City of Niagara Falls. 2003 -93 A by -law to adopt, ratify and confirm the action of City Council at its meeting held on the 28 day of April, 2003. The motion Carried with Aldermen Craitor, Federow and loannoni, abstaining from By -law No. 2003 -91 on conflicts of interest previously noted and with all others voting in favour. Humane Society Walk -a -Thon Alderman Shirley Fisher referred to the upcoming Humane Society Walk -a -thon being held on May 2, 2003 at 10:00 a.m. at 6025 Chippawa Pkwy. She invited the community to attend and meet celebrity dog walker Marcel Dionne. Spring Open House NEW BUSINESS Alderman Shirley Fisher extended an invitation to the community to the Spring Open House being held at Petersons Workshop in the Old Town Hall on May 3 2003 from 10:00 a.m to 4:00 o'clock. Ms. Carrie Roseborough, a regular Council meeting attendee, informed members of Council that she had assisted a child that had been injured. His Worship Mayor Thomson expressed appreciation to Ms. Roseborough for her quick thinking in helping the injured child. Rysdale Avenue Curbs Gutters Alderman Victor Pietrangelo questioned whether curbs and gutters would be installed on Rysdale Avenue. He was advised by the Director of Municipal Works that sidewalks would be installed on Rysdale Avenue, but that curbs and gutters were a major expense and would have to come through a Local Improvement application; he explained that the process for a local improvement required a petition of greater than 50% of the residents in the area in favour of curbs and gutters. Traffic Lights at Thorold Stone Road Montrose Alderman Victor Pietrangelo referred to the traffic lights at Thorold Stone Road and Montrose which permit only 4 -6 cars to make a left hand -turn and suggested that the Region be requested to investigate the matter to permit more than 6 cars to make the left hand turn. -13- April 28.2003 Council Minutes He also expressed the opinion that there was no need for a left-hand signal at Montrose Southwood and requested that the signalization be eliminated. Shriner's Creek Alderman Victor Pietrangelo presented a petition from the residents of Cameron Court who were requesting that the following matters be dealt with: 1) that a fence be erected between the City property and the private property south of the Creek to restrict the errant flow of garbage; 2) to schedule City maintenance workers to clean up the area as needed; and 3) to install an underground sewer system. He was advised by the Director of Municipal Works that an extensive Environmental Assessment Study dealing with the area had been performed and that the area reflected the results of that study. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the matter be referred to staff for a report. Carried Unanimously. Letters to the Editor Alderman Victor Pietrangelo referred to a "Letters to the Editor" article commenting on "What if Tourism has Dismal Year The Director of Finance responded that under the Municipal Act property taxes cannot be waived by City Council. It was moved by Alderman Puttick, seconded by Alderman Feren, that approval be granted to proceed pasts 11:00 p.m. Carried Unanimously. The Breast Cancer Society of Canada Alderman Art Federow informed that the Breast Cancer Society would be hosting a "Hidden Treasures Roadshow" on May 4, 2003 at the Lion's Club Hall on Welland Street, in Chippawa and extended an invitation to the community to attend. Second Annual Greater Niagara Circle Trek Railway Ties on Sinnicks Avenue Alderman Wayne Campbell extended an invitation to the 2 Annual Greater Niagara Circle Trek fundraising event being held on May 4, 2003 at Firemen's Park, with former Premier John Turner in attendance. Alderman Kim Craitor requested the status of the railway ties on Sinnicks Avenue and was advised by the Director of Municipal Works that the MOE had been requested to look into the matter and advised that there was no violation and that the ties could be stored because of the property's industrial zoning. Trucks turning onto Buttrey Street Alderman Kim Craitor requested information on the issue of trucks turning on Buttrey Street and was advised by the Director of Municipal Works that he was awaiting a reply from staff. Advance Green on Dorchester /McLeod Road Alderman Kim Craitor referred to the installation of north /south advance green lights at Dorchester /McLeod Road and was advised by the Director of Municipal Works that the Region will be requested to look into the matter. Potholes on Portage Road /Fallsview /Marineland Alderman Kim Craitor referred to the potholes in the road on Portage Road /Fallsview /Marineland. The Director of Municipal Works provided information and clarification on the matter. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, -14- April 28.2003 Council Minutes DEAN IOR IDA, ITY CLERK WAYNE THOMSON, MAYOR