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2003/10/06Council met on Monday, October 6, 2003 at 5:30 p.m. in Committee -of- the Whole. All members of Council were present. Mayor Wayne Thomson presided as Chairman. NINETEENTH MEETING COMMITTEE -OF- THE -WHOLE Following consideration of the items presented, the Committee -of- the -Whole rose to report in open session. READ AND ADOPTED, r DEAN IORF DA, CITY CLERK WA 1 HOMSON, MA OR PLANNING MEETING Council met on Monday, October 6, 2003 at 6:10 for the purpose of considering Planning /Regular business. All members of Council, were present. Alderman Carolynn loannoni offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTERESTS Committee Room #2 October 6, 2003 Council Chambers October 6, 2003 Prior to dealing with further Council matters, His Worship Mayor Thomson congratulated Alderman Kim Craitor on his recent victory as Liberal M.P.P. for Niagara Falls and stated that the City was looking forward to working with him as our new Member of Provincial Parliament. Alderman Craitor expressed his appreciation to the residents of Niagara Falls and advised that he was stepping down as Alderman for Niagara Falls. Alderman Campbell indicated a pecuniary interest on Report F- 2003 -45, on Cheque No. 278463 because he is the recipient; and on Cheque No. 278480 and Communication No. 229 because the District School Board of Niagara is his employer. Alderman Federow indicated a pecuniary interest on Report F- 2003 -45 on Cheque Nos. 278534; 278535 and 278706 because he has an ongoing conflict with the Humane Society. Alderman loannoni indicated a pecuniary interest on Report F- 2003 -45, Cheque No. 278506, because she is the recipient. Alderman Pietrangelo indicated a pecuniary interest on Report MW- 2003 -180, because he will be working adjacent to Garner Road; and on Report F- 2003 -45, Cheque No. 278528, because he is employed by the Niagara Catholic District School Board. Mayor Thomson indicated a pecuniary interest on Report MW- 2003 -180, Garner Road matter, because a family member resides in the area. Alderman Volpatti indicated a pecuniary interest on Report Nos. PD- 2003 -86 and PD- 2003 -90 and on By -law No. 2003 -181, because a family member has a contractual relationship with the applicant. Alderman Wing indicated a pecuniary interest on Report MW- 2003 -161, and on the matter dealing with the Grand Boulevard from the Community Services Committee meeting of September 22 2003, and on Report R- 2003 -60, from the Council meeting of September 22n 2003 and on Report PD- 2003 -86 and By -law No. 2003 -181, because she owns property with a Niagara Parks employee. Davis Cup (Tennis) Championship His Worship Mayor Thomson made a presentation of a plaque to Mr. Mrs. Dancevic, who accepted on behalf of their son, Frank Dancevic, who had won the Davis Cup match in Calgary on September 21, 2003. The Order of Niagara His Worship Mayor Thomson made a presentation to Jack Hall in recognition of receiving the Order of Niagara and for his dedication to St. John's Anglican Church. Niagara Health System Hospital Sites PRESENTATIONS DEPUTATIONS October 6. 2003 Council Minutes Dr. Christopher Offierski, explained that health care was becoming more of a Regional concept. He provided some history on efforts in St. Catharines, through the Niagara Health System and the report by Consultant, Dennis Timbrell, to co- locate the St. Catharines General and Hotel Dieu hospitals. The Doctor explained the effects such a hospital would have: it would be costly, difficult to finance, may impoverish the NHS and lead to a devolution of services in other hospitals in the Region. He gave the opinion that savings could only truly occur through the consolidation of services and it was more cost effective to build a new hospital then renovate older, existing hospitals. He introduced the following recommendations to Council: 1) to combine the healthcare facilities for Niagara Falls and St. Catharines; 2) to locate the new facility in the population center of Niagara north to also service Thorold and Niagara -on- the -Lake (65% of Niagara Region's population) and 3) that this site be accessible with adequate space for future growth. Early Years Ontario Program -3- Dr. C. Bhagirath advised that at meeting on June 10, 2003 of the Niagara Medical Services, a motion had been made that physicians at the Niagara Falls site wish to participate in the project of co- location of a hospital at a site accessible to both Niagara Falls and St. Catharines and that residents of Niagara should have some say into this proposal. Following the discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti, that Council endorse the three recommendations and forward on its' support to the Premier, the Niagara Health System and to Mr. Denis Timbrell. Carried Unanimously. Act. Alderman loannoni left Council Chambers due to illness. October 6, 2003 Councit Minutes Ms. Donna Dalgleish, Coordinator, Ontario Early Years Center, Niagara Falls, provided an update on "What is an Ontario Early Years Centre and the findings from the first year of the program. She extended an invitation to members of Council and the community to attend their National Family Week celebrations on October 9, 2003 from 6 o'clock to 8 o'clock at Mary Ward School PLANNING MATTERS PD- 2003 -86 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 14/2003, 5950 Victoria Avenue; Applicant: Niagara 21" Group Inc., Agent: Italia Gilberti, Solicitor; Proposed 10 Storey Hotel. The report recommends that Council approve the requested Zoning By -law amendment application to include a proposed 10- storey hotel and ancillary parking garage as a permitted use at 5950 Victoria Avenue. -AND PD- 2003 -90 Chief Administrative Officer Re: Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 14/2003, 5950 Victoria Avenue; Applicant: Niagara 21" Group Inc., Agent: Italia Gilberti, Solicitor; Proposed 10 Storey Hotel Addendum Report. The report recommends that in addition to the recommendation of Report PD- 2003 -86, appearing on tonight's agenda, it is recommended that Council require the applicant to enter into a Section 37 agreement for the above development that will detail the streetscape improvements along Victoria Avenue /railway alignment to be provided by the applicant. -AND Communication No. 216- Ms. Marzenna Carrick to Totten Sims Hubicki Associates Re: Traffic Impact Study and Site Plan Approval. The communication provides comments on the proposed signalized main access to the development; roadway improvements; on- street parking; projected traffic volumes; trip generation rate and indicates that the applicant is requested to identify on the site plan the turning manoeuver for shuttle buses and tour buses under the portico at the principal entrance. His Worship Mayor Thomson read the procedure to be followed under the Planning -4- October 6, 2003 Council Minutes The City Clerk advised that the Notice of the Public Meeting had originally been given in accordance with the Regulations by prepaid First Class mail on May 16, 2003. His Worship Mayor Thomson received indication that Ms. Italia Gilbert', Solicitor, 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 Deputy Director of Planning and Development discussed the subject property with the assistance of posted sketches and reviewed the Planning report. He explained that extensive work had gone into making the application comply with the Official Plan, including first floor retail and a step back at the fifth floor. The Deputy Director further indicated that because the building was above four stories, all properties were subject to a Section 37 Agreement, which provides streetscape improvements; he advised that through discussions, the applicant had indicated they would only accept those improvements on Victoria Avenue and that staff were in support of the change. 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 AM- 14/2003 closed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren, that the report be received and adopted. The motion Carried with Aldermen Volpatti and Wing abstaining from the vote on conflicts of interest previously noted. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that By -law No. 2003 -181 be brought forward. Carried Unanimously. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that leave be granted to introduce the following by -law and the by -law be read a first time: 2003 -181 A by -law to amend By -law 79 -200 and By -law 99 -104, to permit the construction of a 10- storey hotel (Re: AM- 14/2003, Niagara 21' Group) The motion Carried with Aldermen Volpatti and Wing abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the following by -law be now read a second and third time: 2003 -181 A by -law to amend By -law 79 -200 and By -law 99 -104, to permit the construction of a 10- storey hotel (Re: AM- 14/2003, Niagara 21" Group) The motion Carried with Aldermen Volpatti and Wing abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. -5- October 6, 2003 Council Minutes PD -2003- 85 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 32/2003, 4294 Ellis Street; Applicant: Paul Stary; Agent: Chris Cristelli; Legalization of Existing Triplex. The report recommends that Council approve the requested Zoning By -law amendment application of legalize an existing triplex at 4294 Ellis Street. -AND Communication No. 217 Regional Niagara, Planning Development Department. The communication advises as not being opposed to the application. -AND Communication No. 218 Senior Plan Examiner. The communication comments that all required Building Permits to be obtained prior to commencement of construction; and that review of the 3` storey exiting and construction of exit facilities will be reviewed for conformance with the Ontario Building code. 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 September 5, 2003. His Worship Mayor Thomson received indication that Mr. Chris Cristelli, Agent, was in attendance on behalf of the applicant and received a negative response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. The Deputy Director of Planning and Development discussed the subject property with the assistance of posted sketches; he indicated that the property was a two and a half storey building being converted into a triplex, that there was sufficient parking and setbacks were in compliance with the Official Plan and that renovations would have to meet adequate safety levels. 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 AM- 32/2003 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 Alderman Feren, that the correspondence be received and filed. Carried Unanimously. PD- 2003 -89 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 29/2003; Kalar Road (East Side), North of Costabile Drive; Applicants: Wilfred Irene Jones; Agent: Al Heywood, Matthews, Cameron, Heywood Surveying Ltd., Proposed Single /Semi- Detached Vacant Land Condominium. -6- October 6, 2003 Council Minutes The report recommends that Council approve the Zoning By -law amendment application, as detailed in this report, to provide site specific R4 standards to allow the construction of a maximum of 12 semi detached dwellings and one single- detached dwelling fronting on a private road on parcels to be created through a future vacant land condominium. 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 September 10, 2003. His Worship Mayor Thomson received indication that Mr. Al Heywood, Agent, was in attendance on behalf of the applicant and received a negative response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. The Deputy Director of Planning and Development discussed the subject property with the assistance of posted sketches; he advised that the applicant was proposing a single /semi detached vacant land condominium, which was a new type of development for the City. The development was similar to a street townhouse development; The Deputy Director indicated that the applicant was proposing various variances to the regular set backs: a 23 -foot rear yard depth, 17 feet for the breakfast nooks and 14 feet at Kalar Road. 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. Al Heywood advised this was a new form of development and advised that an application for vacant land condominium would be forthcoming. He indicated that the issue of fencing would be addressed at the site planning process. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to AM- 29/2003 closed. ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. PD- 2003 -83 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 31/2003, 8621 Earl Thomas Avenue; Owner: Collins Concessions Ltd., Proposed Used Car Lot. The report recommends the following: 1. That Council approve the Zoning By -law amendment application to permit the property to be used as a used car lot; 2. That the amending by -law contain provisions to limit the use as outlined in the report. -7- October 6. 2003 Council Minutes AND Communication No. 219 Regional Niagara, Planning Development Dept. The communication advises as not being opposed to the proposed zoning amendment. AND Communication No. 220 Pamboukian Industries Ltd. The communication advises as being opposed to the zoning by -law amendment. AND Communication No. 221 Martin Sheppard Fraser. The communication provides information as to the number of vehicles for sale that would be kept on the property and to the customer parking. 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 September 5, 2003. His Worship Mayor Thomson received indication that Ms. Becky Peters, 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 thatall persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. The Deputy Director of Planning and Development discussed the subject property with the assistance of posted sketches; he indicated there was a special provision in the by -law that allowed auto repairs but prohibited auto sales. He stated that the applicant was seeking permission to provide for minimal car sales, after the cars were refurbished, as an added use. Staff were recommending that landscaping be maintained, none of the used car sales be displayed in the front yard and the sales area be restricted to 20% of the land. Dr. Ben Pamboukian expressed opposition to the proposal and was of the opinion that the proposed development would change the character of the area away from industrial prestige and requested that Council consider denying the application. Ms. Becky Peters advised that the small number of cars would not change the character of the area and that there was ample side and rear parking. She advised that the applicant had no difficulty with the limits proposed in the recommendation report. 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 AM- 31/2003 closed. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. PD- 2003 -84 Chief Administrative Officer Re: Official Plan Zoning By -law Amendment Application; AM- 30/2003, 9441 Lundy's Lane; Applicant: Willi Helmut Praxl; Agent: Allard Colyn; Proposed Bed Breakfast. The report recommends the following: 1. That Council approve the application to amend the City's Official Plan and Zoning By -law to permit a proposed tourist home (bed breakfast accommodation) at 9441 Lundy's Lane; 2. That Council direct staff to include B &B's as secondary uses that are allowed in Good General Agriculture and Rural /Agricultural lands through the ongoing Official Plan update. AND Communication No. 222 J. Brugman, 10,200 Uppers Lane, R.R. #1. The communication advises as being in support of the application. AND Communication No. 223 Regional Niagara, Planning Development Department. The communication advises as not being opposed to the application. Act. -8- October 6, 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 September 5, 2003. His Worship Mayor Thomson received indication that Mr. Allard Colyn, Agent, and the applicant 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. The Deputy Director of Planning and Development discussed the subject property with the assistance of posted sketches; reviewed the site description and surrounding land uses; he stated that the applicant proposed to add a bed and breakfast as a permitted use within the agricultural zone; he indicated that the Official Plan currently provided for home industry uses within agricultural areas but did not provide for bed and breakfast uses. He stated that the Region's policy did contemplate such a use in agricultural areas and advised that Planning staff were in support of the application but were recommending that the size of the parking lot be reduced to the size necessary to serve the four bedrooms of the B B. 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. Allard Colyn, requested that Council consider waiving the $600.00 fee. -9- October 6. 2003 Council Minutes The Deputy Director of Planning and Development provided clarification that the applicant had received permission from the Region to be exempt from the Regional Policy Plan amendment process and that he would not be paying that fee; and stated the applicant was dealing with this application at a local level. The applicant requested that the 5 parking spaces requirement be lifted as he would require more parking spaces in the future for his proposed winery. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to AM- 30/2003 closed. ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the report be received and adopted with the full parking requested by the applicant. Carried Unanimously. Following some discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti, that the matter of waiving the $600.00 fee be referred to staff. Carried Unanimously. PD- 2003 -87 Chief Administrative Officer Re: Request for Extension to Draft Plan Approval; Parkway Acres, 26T- 87010, Owners: Radojcic /Radulovic. The report recommends that Council support a one -year extension to draft plan approval for the Parkway Acres Plan of Subdivision, conditional on the applicant maintaining the appropriate subdivision sign on the property for public information purposes. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. PD- 2003 -88 Chief Administrative Officer Re: Request for Extension to Draft Plan Approval; Ascot Woods Extension 6, 26T- 92003; Owner: Ascot Woods Limited. The report recommends that Council support a one -year extension to draft plan approval for the Ascot Woods Extension 6 Plan of Subdivision, conditional on the applicant maintaining the appropriate subdivision sign on the property for public information purposes. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. REGULAR COUNCIL ADOPTION OF MINUTES Alderman Janvary-Pool requested that the Minutes of September 8, 2003 be amended to reflect that the late Harold Thomas Finbow, was a Board member on the Niagara Falls Wall of Fame. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the Planning /Regular Minutes of September 8, 2003 be adopted as amended; and that the Minutes of the Regular Meeting of September 22, 2003 be adopted as printed. Carried Unanimously. Fire Chief Patrick Burke -1 0- October 6. 2003 Council Minutes MAYOR'S REPORTS, ANNOUNCEMENTS. REMARKS Mayor Thomson referred to a Faculty of Law magazine from the University of Windsor featuring Chief Patrick Burke, who is a graduate of Law from the University of Windsor and congratulated him on his qualifications and bringing recognition to Niagara Falls. Nexus Lanes His Worship Mayor Thomson advised that the Nexus Lanes were now open for business on the Rainbow Bridge. After some discussion on the winter closure of the Whirlpool Bridge, it was requested that a letter be forwarded to Gary Pillitteri, M.P., the Niagara Falls Bridge Commission and to the Minister involved requesting that the Whirlpool Bridge remain a full service, year -round bridge ORDERED on the motion of Alderman Volpatti, seconded by Alderman Orr, that a letter be forwarded to Gary Pillitteri, M.P., the Niagara Falls Bridge Commission and to the Minister involved requesting that the Whirlpool Bridge remain a full service, year -round bridge. Carried Unanimously. COMMUNICATIONS Communication No. 224 Family Children's Services, Niagara Re: Proclamation. The communication requests that Council proclaim the month of October, 2003 as "Child Abuse Prevention Month ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool, that the request be supported. Carried Unanimously. Communication No. 225 Inter Office Memorandum Re: Proclamation. The communication requests that Council proclaim the week of October 5 to October 11 2003 as Fire Prevention Week" and October 11 2003 as "Fire Services Recognition Day ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool, that the request be supported. Carried Unanimously. Communication No. 226 Minister of Citizenship and Immigration Re: Proclamation. The communication requests that Council proclaim the week of October 13 19, 2003 as "Canada's Citizenship Week ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool, that the request be supported. Carried Unanimously. Communication No. 227 Susan Stead Canadians Addressing Sexual Exploitation Re: Proclamation. The communication requests that Council proclaim the week of October 19 26, 2003 as "White Ribbon Against Pornography Week ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool, that the request be supported. Carried Unanimously. Communication No. 228 Niagara Falls Public Library Re: Proclamation The communication requests that Council proclaim the week of October 20 26, 2003 as "Public Library Week New Business: October 6. 2003 Council Minutes ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool, that the request be supported. Carried Unanimously. Communication No. 229 Niagara Falls Public Secondary Schools Re: Proclamation. The communication requests that Council proclaim the week of November 3 7, 2003 as "Student Career Awareness Week ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool, that the request be supported. Carried Unanimously. Communication No. 230 (HANDOUT) Regional Niagara, Community Services Department Re: Proclamation. The communication requests that Council proclaim the week of October 12` to October 19` 2003 as "Adult Services Week ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool, that the request be supported. Carried Unanimously. 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 the Minutes of the September22, 2003 Community Services Committee meeting; 2. Niagara Region Inter Municipal Transit Strategy that the presentation be referred to staff and a report brought back to Council; 3. MW- 2003 -180 Garner Estates Sidewalk Construction Update that Municipal Works staff arrange for the installation of sidewalks in the Garner Estates Plan of Subdivision in accordance with the original subdivision plan conflict: Alderman Pietrangelo and Mayor Thomson; 4. R- 2003 -68 Millennium Trail Proposed Pedestrian Bridge that Council supports the preparation of Terms of Reference for the design of the proposed pedestrian bridge over the Niagara Power Canal as par of the Millennium Trail Phase 2; 1. That concerns regarding Stamford Collegiate be referred to the Niagara Regional Police; 2. That the City of Niagara Falls make a donation of $1,000.00 to The Bring Sam Arnold Home Fund and forward this information onto Gary Pillitteri's office to seek humanitarian aide. Carried R- 2003 -62 Chief Administrative Officer Re: Construction Tender for Niagara Falls Community Centre. The report recommends the following: 1. That Council accept the low tender to construct the Niagara Falls Community Centre (NFCC) submitted by Aquicon construction Co. Ltd., of Brampton, Ontario and to direct staff to execute an agreement with Aquicon Construction Co. Ltd., for the negotiated price of $20,328,000.00 excluding GST; -12- October 6, 2003 Council Minutes 2. That Council authorize staff to direct the Project Architects, MacLennan Jaunkalns Miller Architects and Chapman, Murray Associates Architects to issue a Letter of Understanding to Aquicon Construction Co. Ltd., allowing the contractor to begin mobilization for construction, for their convenience and entirely at their own risk, pending the final execution of a Contract Agreement. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. L- 2003 -66 Chief Administrative Officer Re: Privacy Protocol for Personal Information Records "PIR File No. 2002 -71. The report recommends that the Privacy Protocol for Personal Information Records attached as Schedule "A: to this report be adopted. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. L- 2003 -70 Chief Administrative Officer Re: Lands to be Declared Surplus; Part of Falls Industrial Park; File No. 2003 -190. The report recommends that the City -owned industrial lands located in the south end of the City and set out in the sketch attached to the report as Appendix "1" be declared surplus and further that staff be authorized to continue the process of a possible sale of the said lands and to submit a further report to Council. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, 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 Feren, seconded by Alderman Pietrangelo, that the reports contained on the Consent Agenda be received and adopted. 1. MW- 2003 2003 -181 Tender #14 -2003, New Equipment Purchases that 1) Autoland Chrysler Ltd., Niagara Falls, for two (2) Midsize 4 -door Sedans in the amount of $44,493.50; 2) that Day Ford Lincoln for four (4) Pickup Trucks in the amount of $87,271.20; 3) that one (1) Single Axle 10,000 Ib. GVW Dump Box Hoist in the amount of $53,088.60; 4) one (1) Single Axle Extended Cab with Utility Body in the amount of $51,616.60; 5) one (1) Single Axle Crew Cab with Utility Body /Superstructure in the amount of $77,895.25 for a total of $269,871.65 2. F- 2003 -44 Final Tax Notice Due Dates for Accounts with Commercial, Industrial, and Multi- Residential Assessments that October 31, be approved as the 2003 Final Due Date for the Commercial, Industrial, and Multi- Residential Assessment Classes; 3. F- 2003 -45 Municipal Accounts that Council approve the municipal accounts totalling $15,689,846.01 for the period ending October 6, 2003; 4. FS- 2003 -17 Live Fire, Flashover Training Unit Purchase that Council approve entering into an agreement for the joining purchase of a live fire flashover training unit at a cost of $12,745.00, subject to the approval of Legal Services. This represents an equal, shared cost between partnering fir departments including St. Catharines, Welland and Fort Erie; -13- 5. R- 2003 -64 Request for Encroachment Agreement Haulage Road that Council consider the request by Jeff Claydon to enter into an Encroachment Agreement; 6. L- 2003 -65 Authorization for execution and registration of electronic registration by City staff; File No. 2002 -519; 7. L- 2003 -67 Consent to Assignment of Parking Agreements; 0 Y REIT Holdings Inc., to The Manufacturers Life Insurance Company; File No. 1997 -142 that the City consent to the assignment of parking spaces from 0 Y REIT Holdings Inc. to The Manufacturers Life Insurance Company with respect to the Parking Agreements pertaining to the Acres building, Queen Street, Niagara Falls; 8. L- 2003 -68 Establishment of Public Highway; Part 1 on 59R- 12185; as part of Portage Road; File No. 2003 -272; 9. L- 2003 -69 Establishment of Public Highway; Blocks 44, 45 and 46 on Plan 59M- 314 as part of Weinbrenner Road; File No. 1995 -279. RATIFICATION OF COMMITTEE -OF- THE -WHOLE ACTIONS ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the actions taken in Committee -of- the -Whole earlier this evening, be approved: 1) That Council reaffirms its decision of September 16, 2002 to retain the Reilly Street end for public use and that all buildings and structures be removed or demolished. The motion Carried with Alderman Fisher abstaining from the vote on a conflict of interest and Alderman Puttick voting contrary to the motion and with all others voting in favour. RESOLUTIONS NO. 28 PIETRANGELO FISHER THEREFORE BE IT RESOLVED that Niagara Falls City Council fully supports the application for a stadium endorsement for the Avalon Ballroom; and FURTHER BE IT RESOLVED that this resolution be forwarded to the applicant and the Alcohol Gaming Commission of Ontario (AGCO). AND The Seal of the Corporation be hereto affixed. The motion Carried with Alderman Orr abstaining from the vote on a conflict of interest and with all others voting in favour. BY -LAWS October 6, 2003 Council Minutes Carried Unanimously See By -law No. 2003 -179 See By -law No. 2003 -182 See By -law No. 2003 -178 See By -law No. 2003 -176 See By -law No. 2003 -175 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 -175 A by -law to establish Blocks 44, 45 and 46 on Plan 59M -314 as a public highway, to be known as and to form part of Weinbrenner Road. 2003 -176 A by -law to establish Part 1 on Reference Plan 59R -12185 as a public highway, to be known as and to form part of Portage Road. 2003 -177 A by -law to establish Part 1 on Reference Plan 59R -7271 as a public highway, to be known as and to form part of Fallsview Boulevard. -14- October 6, 2003 Council Minutes 2003 -178 A by -law to govern the execution of documents on behalf of The Corporation of the City of Niagara Falls by way of electronic registration. 2003 -179 A by -law to amend By -law No. 2003 -108, as amended, being a by -law to set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2003. 2003 -180 A by -law to amend By -law No. 79 -200, to restrict the use of the land on both sides of Roberts Street, east of Stanley Avenue, to passive landscaped open space, save and except for existing lawful uses. (Re: AM -07 -2003) 2003 -182 A by -law to authorize monies for General Purposes (October 6, 2003) 2003 -183 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 6' day of October, 2003. The motion Carried with Alderman Wing abstaining from the vote on By -law No. 2003 -180 on a conflict of interest previously noted; Aldermen Campbell, Federow, loannoni and Pietrangelo, abstaining from the vote on By -law No. 2003 -182 on conflicts of interest previously noted and with all others voting in favour. 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 -175 A by -law to establish Blocks 44, 45 and 46 on Plan 59M -314 as a public highway, to be known as and to form part of Weinbrenner Road. 2003 -176 A by -law to establish Part 1 on Reference Plan 59R -12185 as a public highway, to be known as and to form part of Portage Road. 2003 -177 A by -law to establish Part 1 on Reference Plan 59R -7271 as a public highway, to be known as and to form part of Fallsview Boulevard. 2003 -178 A by -law to govern the execution of documents on behalf of The Corporation of the City of Niagara Falls by w2y of electronic registration. 2003 -179 A by -law to amend By -law No. 2003 -108, as amended, being a by -law to set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2003. 2003 -180 A by -law to amend By -law No. 79 -200, to restrict the use of the land on both sides of Roberts Street, east of Stanley Avenue, to passive landscaped open space, save and except for existing lawful uses. (Re: AM -07 -2003) 2003 -182 A by -law to authorize monies for General Purposes (October 6, 2003) 2003 -183 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 6` day of October, 2003. The motion Carried with Alderman Wing abstaining from the vote on By -law No. 2003 -180 on a conflict of interest previously noted; Aldermen Campbell, Federow, loannoni and Pietrangelo, abstaining from the vote on By -law No. 2003 -182 on conflicts of interest previously noted and with all others voting in favour. Drummond Road Bridge Alderman Norm Puttick referred to the Drummond Road Bridge and nearby sewer breaks as a result of the construction. He requested a report on the costs incurred. The Director of Municipal Works provided clarification on the matter and promised a response, in writing. Highway 420 /Stanley Avenue Alderman Norm Puttick referred to the issue of having a "Roundabout" at Highway 420 /Stanley Ave. and requested that staff look into the matter again. Portage /Morrison Road Alderman Norm Puttick enquired when the report on capping of the Canal would become available. He was advised by the Director of Municipal Works that a report was forthcoming and staff were looking into traffic levels; the Director further advised that an Environmental Assessment would be necessary. Niagara Transit/Casino Negotiations Niagara Falls Hydro Board Meeting Thank You 5 Annual Restaurant Walk NEW BUSINESS October 6, 2003 Council Minutes Alderman Norm Puttick expressed concerns with regard to meetings and negotiations that had been held between Niagara Transit and Casino Niagara. ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti, that a report come back on the issue. Carried Unanimously. Alderman Norm Puttick advised members of Council that a Niagara Falls Hydro Board meeting was scheduled for November 24, 2003 and gave his opinion on issues surrounding Niagara Falls Hydro. Alderman Selina Volpatti thanked the Municipal Works Department staff for their efforts in the pickup of garbage. Alderman Selina Volpatti announced the Project Share 5th Annual Restaurant Walk that was being held on November 16, 2003 and requested community support in the Project Share Food Drive. "Park in the City" Alderman Selina Volpatti advised that the "Park in the City" meeting was being held on October 8 2003 at the Niagara Falls Library. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, 1 n� -16- October 6, 2003 Council Minutes DE AN IOR DA CLERK WAY 'THOMSON,MAYOR