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2003/05/12National Anthem TWELFTH MEETING PLANNING MEETING DISCLOSURES OF PECUNIARY INTEREST Council Chambers May 12, 2003 Council met on Monday, May 12, 2003 at 6:00 p.m. for the purpose of considering Planning and Regular Business matters. All members of Council, were present. Alderman Paisley Janvary-Pool offered the Opening Prayer. Ms. Heather Sargeson, an Honours Theatre student at Brock University sang the National Anthem. Alderman Craitor indicated a pecuniary interest on Report CD- 2003 -12, because he is involved with an organization that runs bingo; and on Report F- 2003 -25, on Cheque Nos. 275396; 275397 and 275550 from Corporate Services Committee, because a family member is employed by the Region. Alderman Federow indicated a pecuniary interest on Report PD- 2003 -49 because he resides in the area. Alderman Feren indicated a pecuniary interest on Report No. F- 2003 -25, Cheque No. 275489 from Corporate Services Committee because his company is the recipient. Alderman Wing indicated a pecuniary interest on Report PD- 2003 -52; Communication No. 114 and on By -law No. 2003 -97, because she owns property with a Niagara Parks employee. Accessibility Awards PRESENTATIONS Sandy Bird, Guy Prata and Chair, Alderman Janvary-Pool, members of the Mayor's Disability Advisory Committee were in attendance and requested that May 24 30, 2003 be proclaimed as "National Access Awareness Week A presentation was made to St. Martin's Anglican Church and to St. Mary's Ukranian Catholic Church and Hall for their implementation of barrier -free access. Following the presentation, it was ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool, that May 24 -30, 2003 be proclaimed as "National Access Awareness Week Carried Unanimously. Brain Injury Awareness DEPUTATIONS May 12, 2003 Council Minutes Ms. Jacqui Graham provided a brief overview of brain injuries, their causes and methods of prevention, and requested that Council proclaim the month of June, 2003 as "Brain Injury Awareness Month She extended an invitation to members of Council and the community to attend an "Evening in the Park" on Friday, June 6, 2003 at the Optimist Park. She also advised that a Charity Golf Tournament benefitting Brain Injury Awareness Month was being held on May 29, 2003. Following the presentation, it was ORDERED on the motion of Alderman Campbell, seconded by Alderman Pietrangelo, that the month of June, 2003 be proclaimed as "Brain Injury Awareness Month Carried Unanimously. 2003 Vineyard Cycle Tour Ms. Lisa Antonio, a member of the City team for the 2003 Vineyard Cycle tour; and Mr. Al Luciano, Chair for the 2003 Vineyard Cycle Tour., provided an update on the 4 Annual Vineyard Cycle Tour, a fund raising event on behalf of Heart Niagara Inc. and its' Grade 9 Heart Healthy Niagara Schools Program and extended an invitation to the community to participate in the event. Juno Beach Centre A Firefighter's Prayer Captain Bill Warshick, provided information on the development of the Juno Beach Centre, a memorial educational facility recognizing Canada's role in WWII, slated to open in Normandy, France this summer; and referred to the need to better educate today's youth on the sacrifices made by many Canadians during the World Wars. Following the presentation, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that Council approve the donation of $2,500 for the sponsoring of a brick to be used towards the construction of the Juno Beach Centre. Carried Unanimously. Following the discussion, it was ORDERED on the motion of Alderman Wing, seconded by Alderman Feren, that School Boards be encouraged to have speakers, ideally veterans, address today's youth on the vital contributions made by Canadian solders during World War II. The motion Carried with Aldermen Campbell and Pietrangelo abstaining from the vote on conflicts of interest because they are employed by the School Board. Mr. Steve McIntyre, a volunteer firefighter recited a poem he wrote recognizing the efforts of volunteer firefighters; he indicated that the proceeds of plaques inscribed with the poem would go to the North American Shriner's Burn Unit for Children, the Greater Niagara General Hospital and to the Chippawa Volunteer Firefighter Association. Mr. McIntyre presented a framed copy of his poem to Acting Chief Ruddell and to the City. Act. -3- PLANING MATTERS May 12.2003 Council Minutes PD- 2003 -47 Chief Administrative Officer Re: Zoning by -law Amendment Application; AM- 12/2003, 6320 Pinegrove Avenue; Applicant: Marcia Schwarz; Proposed Bed Breakfast Accommodation. The report recommends the following: 1. That Council approve the requested Zoning By -law amendment application to permit the existing single detached dwelling at 6320 Pinegrove Avenue to be used as a tourist home (bed and breakfast Accommodation) containing no more than three bedrooms for tourists; 2. That the amending by -law be restricted to Lots 133, 134 and 135 of Registered Plan 315; 3. That the amending zoning by -law contain provisions permitting parking in the front yard subject to the development standards outlined in this report; 4. That a 15 foot x 15 foot (4.5 metre x 4.5 metre) daylighting triangle at the southwest corner of the property be dedicated to the City prior to adoption of the amending by- law. AND Communication No. 98 Antony Cseh, 6010 Murray St. The communication advises as being opposed to the zoning by -law amendment. AND Communication No. 99 Regional Niagara, Planning and Development Department. The communication advises as not being opposed to the approval of the proposed zoning by -law amendment. AND Communication No. 100 Caroline E. Gibbs. The communication advises as being in favour of the proposed Bed Breakfast establishment, but expresses concerns with respect to the parking in the area. AND Communication No. 101a) Ivor and Mary Shaw, 6280 Dawlish Avenue; AND Communication No. 101b) E -mail from Mary Shaw. The communications express opposition to the proposed application and request that Council not support the 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 April 11, 2003. His Worship Mayor Thomson received indication that the applicant, Mr. Fred Schwarz, 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. -4- May 12. 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 reviewed the surrounding land uses and the planning review. He advised that staff were recommending approval of the application because the proposal was within the intent and purpose of the Official Plan respecting bed and breakfast accommodations; he indicated that the building was a two- storey, single family dwelling; that the site was easily accessible to major roads and tourist areas; that there was sufficient lot area for parking and that the parking could be well concealed and screened from adjacent properties and the residential character of the property would be maintained. 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. Mr. Fred Schwarz enquired as to the reason for the requested daylighting triangle at the southwest corner of his property. He was advised that the requested daylighting triangle was a standard requirement, which would allow for better sight lines, however, with the cul -de -sac planned for Murray Street it might not be essential. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 12/2003 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that Recommendations 1 through 3 be approved and that Recommendation #4 be deleted. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the correspondence be received and filed. Carried Unanimously. PD- 2003 -48 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 13/2003, 4500 Beechwood Road; Owner: Tim Masterson; Proposed Reduction in Lot Area. The report recommends the following: 1. That Council approve the Zoning By -law amendment application to reduce the required lot area for 4500 Beechwood Road from 39.5 acres (18 hectares) to 26.6 acres (10.7 hectares) in order to permit the land to be severed into two lots; 2. That the amending by -law contain provisions prohibiting a dwelling on the severed lot until the proposed embryo transfer operation is established. AND Communication No. 102 Louis Grandoni, 4843 Garner Road. The communication advises as having no objections to the proposed zoning amendment. AND Communication No. 103 Regional Niagara, Planning Development Department. The communication advises as not being opposed to the approval of the proposed zoning by -law amendment subject to the inclusion of the following zoning provision: "That an agricultural use for an embryo transfer operation be completed to the satisfaction of the Regional Planning and Development Department prior to the issuance of a building permit for a dwelling on Part 1." Act. -5- May 12, 2003 Council Minutes 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 11, 2003. His Worship Mayor Thomson received indication that the applicant, Mr. Tim Masterson 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. The Director of Planning and Development discussed the subject property with the assistance of posted sketches and advised that staff were in support of the requested amendment because the applicant had demonstrated that a viable agricultural operation could be established on the smaller lots; that the application was consistent with the intent of the Official Plan to preserve agricultural land and promote viable agricultural operations and that the recommended zoning controls will ensure a dwelling is accessory to agricultural operations on the lands. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a negative response in opposition to the application. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 13/2003 closed. ORDERED on the motion of Alderman Craitor, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Craitor, seconded by Alderman Feren, that the correspondence be received and filed. Carried Unanimously. PD- 2003 -49 Chief Administrative Officer Re: Zoning By -law Amendment Application for a Temporary Use By -law; AM- 11/2003, 5038 Marshall Road; Applicants: Michael and Joan Stoll; Machine Shop Use. The report recommends that Council approve the Zoning By -law Amendment application for a temporary use by -law to permit a machine shop at 5038 Marshall Road for a period of three years. -AND Communication No. 104 Development Technologist, Municipal Works. The communication advises that the Municipal Works department has no objection to the application and no conditions to offer. AND Communication No. 105 Regional Niagara, Planning Development Department. The communication advises that Regional staff has some concerns regarding the further temporary extension of the use and encourages the applicants to eventually relocate this operation to a more appropriate site within one of the City's industrial districts in the urban area. Act. -6- May 12. 2003 Council Minutes 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 11, 2003. His Worship Mayor Thomson received indication that the applicants Michael and Joan Stoll were 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- 11/2003 closed. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the report be received and adopted. The motion Carried with Alderman Federow abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the correspondence be received and filed. Carried Unanimously. PD- 2003 -50 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 15/2003, 7750 Netherby Road; Owner: Dale Joan Koabel; Proposed Reduction in Lot Area. The report recommends the following: 1. That Council approve the Zoning By -law amendment to reduce the required lot area for the lands to 3.37 acres (1.36 hectares) and 18.63 acres (7.5 hectares) for parts 1 and 2 respectively; 2. That the amending by -law contain provisions to preclude a dwelling from being erected on Part 2. -AND Communication No. 106 Regional Niagara, Planning and Development Department. The communication advises as not being opposed to the approval of the proposed Zoning By -law amendment. It further advises that the severance condition further requires that the City of Port Colborne approve a similar zoning by -law amendment for the southerly portion of the remnant property (Part 2) that is situated in this adjacent municipality. Act. 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 11, 2003. -7- May 12, 2003 Council Minutes His Worship Mayor Thomson received indication that applicants, Dale Joan Koabel, were 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- 15/2003 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the communications be received and filed. Carried Unanimously. PD- 2003 -51 Chief Administrative Officer Re: Regulation of Downtown Bars. The report recommends that the report is for the information of Council. AND Communication No. 107 Downtown Niagara Falls Board of Management. The communication expresses vandalism concerns; intolerable noise, fights and violence and of the devastating effects these acts have on the long established businesses in the area AND Communication No. 108 Mr. John B. Hopkins, Broderick Partners. The communication advises as being opposed to the re- opening of a Bar at4437 Queen Street. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that Council opposes the granting of a liquor licence to any establishment in the downtown area until such time as the City's Planning Studies and Reviews are completed and further, that the City Solicitor; the City Clerk and Planning staff be requested to attend any Hearings opposing the granting of liquor licences in the downtown area. Carried Unanimously. PD- 2003 -52 Chief Administrative Officer Re: Street Name Change Request; Roberts Street to Falls Avenue; Niagara Falls, Ontario. The report recommends that Council consider the information and direct staff to work with the Region on the remaining of Roberts Street to Falls Avenue and coordinate a name change for that portion of the existing Falls Avenue between John Street and the Rainbow Bridge Plaza. ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that Council consider the information and direct staff to work with the Region on the remaining of Roberts Street to Falls Avenue and coordinate a name change for that portion of the existing Falls Avenue between John Street and the Rainbow Bridge Plaza and further, that Newman Hill be considered in the renaming of the small portion of Falls Avenue between John Street and the Rainbow Bridge Plaza. The motion Carried with Alderman Wing abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. -8- PD- 2003 -53 Chief Administrative Officer Re: Proposed Modifications; Williams Draft Plan of Subdivision; 26T -93011 (Revised); Owner: River Realty Development (1976) Inc. The report recommends the following: 1. That the modifications to the Williams Plan of Subdivision be approved subject to the changes listed in the attached Appendix to the original draft approval conditions; 2. That Council determine that the proposed modifications to the plan are minor and there is no requirement for written notice of the changed conditions. ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. See Resolution No. 16 PD- 2003 -44 Chair, Local Architectural Conservation Advisory Committee Re: Matters Arising from the Municipal Heritage Committee (formerly LACAC). The report recommends the following: 1. That the matters arising from the Municipal Heritage Committee, listed as items 1 and 2 below, be endorsed; 2. That the Minutes of the Municipal Heritage Committee, listed as item 3, be received and filed for information. ORDERED on the motion of Alderman Feren, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. REGULAR COUNCIL ADOPTION OF MINUTES ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the Minutes of April 28, 2003 be adopted as printed. Carried Unanimously. MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS Left -hand turn from the Bridge May 12. 2003 Council Minutes His Worship Mayor Thomson referred to a petition received from the businesses on Clifton Hill /Centre St. /Fallsview /Bender Hill area regarding the left-hand turn from the Bridge and requested that Council receive the petition from Mr. George Bekos and refer the petition to staff for further discussion. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the petition received from Mr. George Bekos and the businesses on Clifton Hill; Centre Street; Fallsview and Bender Hill area regarding the left-hand turn from the Bridge be referred to staff for discussion. Carried Unanimously. Economic Development Department His Worship Mayor Thomson expressed congratulations to the Economic Development Department for producing a publication dealing with the positive industrial development and expansion within the community. -9- COMMUNICATIONS May 12. 2003 Council Minutes Communication No. 109 Niagara Health System Re: Proclamation The communication requests that Council proclaim the week of May 12 -18, 2003 as "National Nursing Week" in Niagara Falls. ORDERED on the motion of Alderman loannoni, seconded by Alderman Volpatti, that the request be supported. Carried Unanimously. Communication No. 110 Victorian Order of Nurses Re: Proclamation. The communication requests that Council proclaim the week of May 19 -25, 2003 as "National VON Week ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the request be supported. Carried Unanimously. Communication No. 111 Rick Hansen, Man in Motion Foundation Re: Proclamation The communication requests that Council proclaim June 14, 2003 as `Rick Hansen Wheels in Motion Day" in Niagara Falls. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the request be supported. Carried Unanimously. Communication No. 112 Forget Me Not Niagara Re: Proclamations for The Alzheimer Society of Niagara Region. The communication requests that 1) Council proclaim Friday, May 30, 2003 as "Alzheimer Society of Niagara Region Awareness Day; 2) Council proclaim Saturday, May 31, 2003 as "Pierre Berton Day"; 3) Council proclaim Sunday, June 1, 2003 as "Niagara Region Appreciation Day ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the requests be supported. Carried Unanimously. Communication No. 113 Ontario Early Years Centre, Niagara Falls Re: Safe Kids Week, June 2 -8, 2003. The communication advises Council of their initiative and requests funding for two waste dumpsters during this event. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the request be approved. Carried Unanimously. Communication No. 114 -The Niagara Parks Commission Re: 2003 Summer Fireworks Displays. The communication requests permission to carry out fireworks displays every Friday and Sunday from May 16 to August 31 2003; and on Victoria Day, Memorial Day, July 1" and July 4 2003; and every Friday throughout September., 2003; and advises that fireworks will be launched in the Niagara Gorge between the Maid of the Mist Steamship Company and the Ontario Power Station. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the request be approved subject to established policy. The motion Carried with Alderman Wing abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. REPORTS CD- 2003 -12 Chief Administrative Officer Amendment to the Municipal Event Calendar and Allocation of Bingo Events. The report recommends the following: 1. That the event calendar be amended to change the number of bingo events conducted at 10:00 p.m. to 12:00 midnight (referred to as the late night time slot) on Saturday and Sunday. The change to reduce the number of events from two per day to one per day; -10- RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS May 12, 2003 Council Minutes 2. That events be allocated to these organizations from the 7:00 p.m. bingo time slots at both the Delta Monte Carlo and Bingo Country bingo halls; 3. That the allocation be as indicated on the attachment titled: New Scheduled Events for the 7:00 p.m. time slot; 4. That the change to the Monday and Tuesday sessions become effective May 19,2003 and the allocation for the Saturday and Sunday groups be effective June 1, 2003 and the attached schedule of events be approved; 5. That the municipal policy be amended to reflect these changes; ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the report be received and adopted and further, that an evaluation be conducted at the end of 2003, to see whether these changes are functioning effectively. The motion Carried with Alderman Craitor abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Campbell, seconded by Alderman Pietrangelo, that the following actions taken in Corporate Services Committee, earlier this evening be approved: 1. Adoption of the Corporate Services Committee Minutes of March 3, 2003; 2. Niagara Transit Re: Used Bus Purchase that the Niagara Transit's purchase of a used bus for approximately $47,000 be approved; 3. IS- 2003 -02 Telecommunication Upgrades that replacement/upgrading of the phone systems at the Service Centre; Fire Station 1 and at City Hall at a cost of $150,100 plus applicable taxes be approved; 4. F- 2003 -23 2003 Tax Rates that the 2003 Property Tax Rates be approved; 5. F- 2003 -24 Final Tax Notice Due Dates that June 30`" and September 17`" 2003 be approved as the 2003 Final Due Dates for Residential, Pipeline, Farmland and Managed Forest Assessment Classes; 6. F- 2003 -25 Municipal Accounts that the Municipal Accounts totaling $13,129,910.68 for the period ending May 12, 2003, be approved; 7. F- 2003 -26 Optimist Club Loan Request i) that debentures borrowing on behalf of the Optimist Club be approved; ii) that the City enter into a new mortgage agreement with the Optimist club with payment terms equal to the debenture borrowing; iii) that the existing mortgage held on the Optimist Club property be discharged when the new mortgage has been registered; 8. F- 2003 -27 St. John Ambulance Capital Request that a contribution of $7,500 be approved for the St. John Ambulance capital project; 9. MW- 2003 -89 Casino Road Environmental Assessment that staff be authorized to file the Casino Roads Environment Study Report and proceed with the detailed design; In- Camera: CONSENT AGENDA May 12, 2003 Council Minutes 10. R- 2003 -23 Patrick Cummings Memorial Sports Complex Tree Removal Tender TR03 -2003 that Tender TR03 -2003 be awarded to KNM Nurseries for a total cost of $70,780.50 for the removal of trees and shrubs; 11. R- 2003 -27 Proposed Columbarium that the low bid of $24,974.25 to supply and install a Columbarium from Carrier Mausoleum Construction Inc. be accepted and the conditions as stipulated be approved, with exception of the sale of urns; and that staff prepare a report on the sale of urns; 12. R- 2003 -29 Proposed Radio Controlled Model Airplane Club Site Mewburn Road that Council support the recommendations for a Radio Controlled Model Flying Club; 13. R- 2003 -31 Monument Repairs Drummond Hill Cemetery that the repair of Cemetery monuments at the Drummond Hill Cemetery be approved at the tendered price of $53,800.00, including taxes; 14. R- 2003 -32 Proposed Beautification of Five Corners that Council support the beautification proposal on the City's road allowance at the Five Corners; 15. R-2003-33 Terms of Reference for City Park Advisory Committee that Council defer the formal Terms of Reference for the City Park Advisory Committee and that an ad -hoc committee be put in place as soon as possible; 16. R- 2003 -34 Parks Fields Use 2003 Schedules that; the Parks Field Use 2003 Schedules be approved and that Mr. Maksinuk be advised that no ball diamonds in any of our City parks will be allocated to his organization; 17. R- 2003 -36 Continuation of Enhancement/Rehabilitation Work on Lot #163 (former City Dump Site) Montrose Road that the report be received and filed. That the City prepare, execute and deliver to Zippo Manufacturing Company of Canada Ltd., a Quit Claim Deed for the lands being Part of Range 22, Plan 1 and more particularly, described as Part 1 on Reference Plan No. 59R- 12016. Carried MW- 2003 -90 Chief Administrative Officer Re: Appoint a Consulting Engineer to prepare Detailed Design of Casino Road Improvements. The report recommends that the City of Niagara Falls enters into a consulting services agreement with Delcan Corporation for the detailed design of the Casino Road Improvements. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the report be received and adopted. The motion Carried with Alderman Orr abstaining from the vote on a conflict of interest because she is employed by the Casino and with all others voting in favour. 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. -12- May 12, 2003 Council Minutes ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the following reports be received and adopted. 1. MW- 2003 -88 Dorchester Road Rehabilitation between Mountain Road and Isaac Street; 2. MW- 2003 -92, Lease to the Niagara Regional Police; 3. R- 2003 -35, Shrub Beds Maintenance in Various City Parks; 4. FS- 2003 -07, Purchase Installation of Computer -Aided Dispatch Software 5. L- 2003 -35, Peterson Community Workshop Association (Chippawa) The Corp. of the City of Niagara Falls Lease Agreement; 6. L- 2003 -36, Municipal Freedom of Information Appeal Request for Resumes for Clerk's Position. Carried BY -LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that leave be granted to introduce the following by -laws; and the by -laws be read a first time: 2003- 94 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City roads (Heavy Vehicle Restriction) 2003- 95 A by -law to amend by -law No. 79 -200, to add a convenience store, a coffee shop, a personal service shop and a retail store as permitted uses on lands zoned LI and to repeal By -law No. 2003 -36. (Re: AM- 08/2003, 8240 McLeod Road) 2003- 96 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 by -laws. 2003- 97 A by -law to amend By -law No. 79 -200, to permit all of the required parking for certain lands to be provided off -site. (Re: AM- 02/2003 6505 Fallsview Boulevard) 2003- 98 A by -law to amend By -law No. 79 -200, to permit a single detached dwelling to be used as a tourist home. (Re: AM- 09/2003, 4601 Second Avenue) 2003- 99 A by -law to authorize the execution of Offers to Purchase (Louis Petrakis, George Patrakis and Stella Petrakis) 2003 -100 A by -law to authorize monies for General Purposes (May 12 2003) 2003 -101 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 12 day of May, 2003. The motion Carried with Aldermen Federow, loannoni and Volpatti voting contrary to By- law No. 2003 -97 and Alderman Wing abstaining from By -law No. 2003 -97 on a conflict of interest previously noted; Aldermen Craitor and Feren abstaining from the vote on By -law No. 2003 -100 on conflicts of interest previously noted and with all others voting in favour. -13- May 12, 2003 Council Minutes 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- 94 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City roads (Heavy Vehicle Restriction) 2003- 95 A by -law to amend by -law No. 79 -200, to add a convenience store, a coffee shop, a personal service shop and a retail store as permitted uses on lands zoned LI and to repeal By -law No. 2003 -36. (Re: AM- 08/2003, 8240 McLeod Road) 2003- 96 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 by -laws. 2003- 97 A by -law to amend By -law No. 79 -200, to permit all of the required parking for certain lands to be provided off -site. (Re: AM- 02/2003 6505 Fallsview Boulevard) 2003- 98 A by -law to amend By -law No. 79 -200, to permit a single detached dwelling to be used as a tourist home. (Re: AM- 09/2003, 4601 Second Avenue) 2003- 99 A by -law to authorize the execution of Offers to Purchase (Louis Petrakis, George Patrakis and Stella Petrakis) 2003 -100 A by -law to authorize monies for General Purposes (May 12 2003) 2003 -101 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 12 day of May, 2003. The motion Carried with Aldermen Federow, loannoni and Volpatti voting contrary to By- law No. 2003 -97 and Alderman Wing abstaining from By -law No. 2003 -97 on a conflict of interest previously noted; Aldermen Craitor and Feren abstaining from the vote on By -law No. 2003 -100 on conflicts of interest previously noted and with all others voting in favour. Montrose Road /Lundy's Lane Staggering back left -hand turning lanes NEW BUSINESS Alderman Kim Craitor referred to concerns expressed regarding the volume and speed of traffic at Montrose Road /Lundy's Lane and requested that staff look into the matter. He was advised by the Director of Municipal Works that the Region would be requested to look into having IPS (individual pedestrian signals) installed. Alderman Kim Craitor enquired whether the issue of staggering back left-hand turning lanes at City intersections could be looked into and was assured by the Director of Municipal Works that staff would look into the matter. Canada Day Activities Alderman Kim Craitor provided highlights of the activities planned for July 13t 2003, Canada Day. Autistic Children ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti, that a letter be forwarded to Minister Brenda Elliott extending intervention funding to children of school age Local Hydro Board Alderman Norm Puttick referred to correspondence from the Association of Municipalities in Ontario (AMO) regarding electricity issues in Ontario and expressed concerns regarding increasing the term of Office for Ontario Energy Board members from a 2 -year term to a 5 -year term and asked that a letter be forwarded to Mr. Brian Wilkie, President, Niagara Falls Hydro requesting his comments on the matter. ORDERED on the motion of Alderman Puttick, seconded by Alderman Pietrangelo, that a letter be forwarded to Mr. Brian Wilkie, President, Niagara Falls Hydro, requesting his comments on the matter. Carried Unanimously. Doctor Shortage His Worship Mayor Thomson referred to the doctor recruitment efforts and provided a list of community supporters and their donations to the cause. ORDERED on the motion of Alderman Campbell, seconded by Alderman Pietrangelo, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, -14- Mav 12, 2003 Council Minutes DEAN IOR!I A, CITY CLERK WAYNE THOMSON, MAYOR