Loading...
2005/06/13TWELFTH MEETING IN CAMERA SESSION Committee Room #2 June 13, 2005 Council met on Monday, June 13, 2005 at 5:55 p.m. in an In Camera Session. All members of Council, with the exception of Mayor Ted Salci, were present. Alderman Vince Kerrio presided as Chairman. Following consideration of the items presented, the In Camera Session did not rise to report in open session. REGULAR COUNCIL MEETING Council Chambers June 13, 2005 Council met on Monday, June 13, 2005 at 7:40 p.m. for the purpose of considering Regular /Planning Business matters. All members of Council, with the exception of Mayor Ted Salci, were present. Alderman Carolynn loannoni offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the Minutes of May 30, 2005 be approved as printed. Carried Unanimously. Prior to dealing with further Council matters, Alderman Diodati addressed the matter of reconsideration dealing with the application on the Neighbourhoods of St. David's. He expressed the view that there were concerns regarding rear yard access. The City Clerk provided some background information on the matter and indicated that the matter could be reconsidered. Following some discussion, it was ORDERED on the motion of Alderman Diodati, seconded by Alderman Volpatti, that the matter be reconsidered. Carried Unanimously. Following further discussion, it was ORDERED on the motion of Alderman Diodati, seconded by Alderman Volpatti, that the matter be deferred to the June 27, 2005 Council meeting to allow the developer to be present. Carried Unanimously. DISCLOSURES OF PECUNIARY INTEREST Alderman Morocco indicated a pecuniary interest on Report F- 2005 -31, Cheque No. 292376, because her spouse is the recipient. Alderman Wing indicated a pecuniary interest on Report F- 2005 -31, Cheque Nos. 292020 and 292740 and on the matter dealing with the People Mover System from the Community Services Committee meeting, because of the Niagara Parks involvement and she owns property with a Niagara Parks employee. -2- June 13 2005 Council Minutes Alderman loannoni indicated a pecuniary interest on Report F- 2005 -31, Cheque No. 292700, because her spouse is the recipient. Alderman Campbell indicated a pecuniary interest on Report F- 2005 -31, Cheque No. 292861, and on Report F- 2005 -30, Application No. 2003 -72, because the District School Board of Niagara is his employer. PRESENTATIONS /DEPUTATIONS Arts Culture Committee Karen Akula, Chair, Arts Culture Committee and Acting Mayor Vince Kerrio presented cheques to the following Young Family Endowment recipients on behalf of the Arts Culture Committee to assist individuals and organizations in artistic and cultural initiatives: Mr. John Sakars, Ms. Sarah Joncas, the Willoughby Quilters (represented by Marie Henry) and the Niagara Antique PowerAssociation of Quilters (represented by Jane Welton). Ms. Linda Hankin and Mr. Stephen Shwedyk both received funding awards but were unable to attend. Artfest Barbara Buetter, Arts Culture Committee provided information to Council on the upcoming Artfest to be held at Niagara Square on June 17 and June 18 2005. National Wrestling Champion Acting Mayor Vince Kerrio congratulated and presented a token of appreciation to Ms. Tabitha Stavrou, National Wrestling Champion, in recognition of becoming the first female Niagara Falls high school wrestler to win a Provincial championship and then capturing the National title in St. John's, Newfoundland. Following some discussion, it was ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, to refer to Parks, Recreation and Culture to investigate whether there are any funds available to assist Tabitha Stavrou, as she is on the National team. Carried Unanimously. Mayor's Youth Advisory Committee Ms. Jessica Panetta (Chair) and Ms. Monica Blaylock (Vice- Chair), Mayor's Youth Advisory Committee provided a recap of the Committee's activities to date and extended an invitation to members of Council and the community to the Grand Opening of the skate park on June 18, 2005 at 2 p.m, and thanked City Council for their continuous support. Niagara Ambulance Communications Service John Cunnane, Director, Emergency Services Division and Lyne DeGrasse, Training Supervisor, Public Health Department, provided a brief overview of the Niagara Ambulance Communications Service, the new ambulance dispatch facility located in Niagara -on- the -Lake. They reviewed the Emergency Call Process, the technology involved and the Paramedic Service and training. PD- 2005 -41 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 03/2004, Southwest Quadrant of Kalar Road Brown Road. Applicant: Heartland Forest; Proposed Heartland Forest Resort, First Phase. The report recommends the following: 1. That Council approve the revised Zoning By -law amendment application to permit the establishment of 195 recreational vehicle /trailer sites and a multi -use building as the first phase of development for the Heartland Forest Resort; 2. That the amending by -law contains the following: a holding (H) provision to remain in place until servicing issues including stormwater management and the provision of sanitary services is resolved to the satisfaction of the City and Cytec; and provisions securing buffering along street frontages and setbacks from environmental lands as discussed in this report. -AND Communication No. 1 Jeffrey J. Wilker, Thomson Rogers, on behalf of Cytec Canada Inc. The communication expresses stormwater management issues and the impact of the proposed development on Thompson's Creek, owned by Cytec. -AND Communication No. 2 Regional Niagara, Planning and Development Department. The communication provides various comments on the proposal and advises as not being opposed to the approval of the zoning by -law amendment, provided the Regional and Provincial interests identified in their comments are addressed. The City Clerk advised that a public meeting was being convened to consider a proposed Amendment to the City's Zoning By -law to permit the establishment of 195 recreational vehicle /trailer sites and a multi -use building. He advised that the Notice of the Public Meeting had been given by Prepaid First Class mail, in accordance with the Planning Act on May 13, 2005 and by posting a sign on the property in question. He informed that anyone wishing to receive notice of the passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, should leave their names on the sign -in sheets outside the Council Chambers. The Deputy Director of Planning and Development reviewed the subject property and provided the following information: PROPOSAL: Rezone from Industrial to site specific Resort Commercial (RC) to allow for 195 recreational vehicle sites one multi -use building PLANNING ANALYSIS: Background: -3- June 13 2005 Council Minutes PLANNING MATTERS Council approved an overall development concept for the Heartland Forest Report through an OPA in 2002. The development was to include a golf course, resort villas, resort hotel, conference facilities and ancillary recreational and commercial uses developed over 20 yr time frame. Phase of the development which was comprised of 100 RV/Trailer sites a multi -Use building was approved in principle on February 23, 2004. (PD- 2004 -21) The zoning by -law amendment for this 1st phase never proceeded The applicant has subsequently changed his application increasing the number 195 RV/Trailer sites from 100 to 195. OFFICIAL PLAN Increasing the number of recreational vehicle /trailer sites to 195 does not offend the Official Plan. Designated Resort Commercial in part and Environmental Protection Area, in part. RV park is to be maintained as a low -rise development with extensive buffering and landscaping. The number of RV/Trailer sites is being doubled but the area is not being increased Zoning: Zoned Heavy Industrial (HI) A site specific Resort Commercial Establishment (RCE) is proposed to guide the development of this 1st phase. Concerns about zoning have been expressed by Regional Planning Cytec Canada Inc. In order to properly address these concerns specific regulations will need to be included in the Zoning By -law amendment Holding provision to ensure resolution of servicing issues RV sites to be occupied by visitors, not permanent residents 9 m. (30') setback between EPA and any RV/Trailer site 12 m. (40') landscape strip along Kalar Brown Rd. frontages Inclusion of a multiple use building CONCLUSION: 4 June 13 2005 Council Minutes The requested Zoning By -law amendment can be supported on the basis that: The revised first phase does not offend the site specific policies guiding the development of the resort development; and the required setbacks from heavy industrial uses and the wetlands will be provided. The amending by -law will contain provisions to effectively address servicing, occupancy and environmental issues. RECOMMENDATION: It is recommended that Council approve the application subject to: A holding provision and buffering along street frontages. Acting Mayor, Alderman Vince Kerrio 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 positive response to Acting Mayor Alderman Vince Kerrio's request for comments. Mr. Glen Wellings, was in attendance on behalf of Mr. Jeffrey J. Wilker, Solicitor for Cytec. He indicated that it was important that the heavy industrial nature of Cytec be protected and, therefore, they had concerns about habitable land uses close to their operations. He advised that Cytec wants the impact of the proposed development on Thompson's Creek to be addressed now; stated that his client was satisfied with the applicant's sewage disposal plan but feels there are still some matters related to storm water management that need to be resolved. Mr. Wellings was confident that these matters could be resolved but requested that Council defer the application until after a scheduled meeting on the stormwater management had taken place. He also expressed concerns over the use of the holding provision. Mr. Rick Brady, for the applicant, discussed the following matters: that the preliminary site plan for 195 R.V. sites represented the first 2 phases of the development; the first phase was the trailer park and the second phase was a multi purpose building; the applicant had done a significant amount of trail making through environmentally sensitive areas and has developed the wetland as an attraction; he agreed with staff's recommendation that the maximum stay for the R.V. park be added to the By -law; Mr. Brady indicated that the property was considered a tourist commercial site and would not be used as a residential site; he provided clarification on concerns raised with respect to setbacks; stormwater management; sanitary services; the holding provision and suggested that Recommendation 2 in the staff report be amended. Since no further comments were forthcoming, Acting Mayor, Alderman Vince Kerrio declared the public meeting with regard to AM- 03/2005 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that 1) Council approve the revised Zoning By -law amendment application to permit the establishment of 195 recreational vehicle/ trailer sites and a multi -use building as the first two phases of development for Heartland Forest Resort; and 2) the amending by -law contains the following: 5 June 13 2005 Council Minutes a holding (H) provision to remain in place until the provision of sanitary services is resolved to the satisfaction of the City. a holding (H) provision to remain in place until the storm water management issue is resolved to the satisfaction of the City and Cytec; and provisions of securing buffering along street frontages and setbacks from environmental lands as discussed in the report. The motion Carried with Aldermen loannoni and Wing voting contrary to the motion. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that the correspondence be received and filed. Carried Unanimously. PD- 2005 -43 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 14/2005, 6186 Dorchester Road (South of Imperial Court); Applicant: Kargo Properties Inc., Agent: 2M Architects Inc. (L. Marcantonio); Proposed Townhouse Development. The report recommends that Council approve the Zoning By- law amendment application as detailed in this report to permit a 6 -unit townhouse development on the land. The City Clerk advised that a public meeting was being convened to consider a proposed Amendment to the City's Zoning By -law to permit a 6 -unit townhouse development at 6186 Dorchester Road. He also advised that notice had been given by Prepaid First Class mail, in accordance with the Planning Act on May 13, 2005 and by posting a sign on the property in question. Ilf -6- June 13 2005 Council Minutes He informed that anyone wishing to receive notice of the passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, should leave their names on the sign -in sheets outside the Council Chambers. The Deputy Director of Planning and Development reviewed the subject property and provided the following information: PROPOSAL: Rezone from R1C to R4 to permit a 6- unit Townhouse development PLANNING ANALYSIS: Official Plan Designated Residential in the Official Plan. The proposed 6 -unit townhouse project would be in keeping with OP policies which promotes residential infilling and a compatible mix of dwelling types. The surrounding neighbourhood provides a mix of residential uses: Single family housing to the north east; Small apartment building to the south on the west side of Dorchester Rd. The 6 unit townhouse project would be compatible with the surrounding neighbourhood given its low -rise design (bungalows with lofts) and modest density. Zoning The property is Zoned Residential Single Family 1C Density (R1C) A Site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone is proposed to permit the 6 unit townhouse project. A meeting was conducted with area residents where concepts for a 2 storey 12 unit apartment and a 6 unit townhouse project were presented. The townhouse concept was preferred by the residents and is supported by Planning staff on the following basis: The low rise design of the bungalow townhouses respects the privacy concerns of neighbours to the north The building driveway entrance are situated to minimize impacts on surrounding lands The development would exceed minimum landscaping standards Interested residents can be involved in site plan review CONCLUSION: The requested site specific amendment complies with the Official Plan. The development will add to the range of housing types available in the area and will be designed for compatibility. RECOMMENDATION: 7 June 13 2005 Council Minutes As an infill project, the development is consistent with Provincial land use policies and Smart Growth principles. It is recommended that Council approve the Zoning By -law amendment application to permit the proposed 6 -unit townhouse project on the subject lands. Acting Mayor, Alderman Vince Kerrio 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 positive response to Acting Mayor Alderman Vince Kerrio's request for comments. Mr. Wayne Rudy, 4050 Bridgewater Street, indicated strong opposition to the proposed development. He purchased a single family property on Imperial Court abutting what he thought was a single family lot. He felt that the development would have more impact than envisioned and objected to the fence with a gate. Mr. Rudy questioned who would be responsible for maintenance and landscaping and he requested that Council deny the application. Dr. Sara Danial, 6839 Imperial Court, enquired whether there was a tree plan in place in order to preserve the beautiful trees in the area, expressed concerns regarding traffic in light of the additional units and questioned whether there would be sufficient emergency access to the last unit in the development. She advised that she was expressing these concerns on behalf of residents Kimberly Gunning, 6155 Corwin Crescent, Sue Hillston, 6850 Imperial Court; Carol Martin, 6860 Imperial Court and Mr. And Mrs. Francis Patterson, 6870 Imperial Court. Mr. Bill Amadeo, in attendance on behalf of the applicant, indicated that the lots in this area have significant size enabling multiple units. This property would provide a transition between single family units and the apartment building next door. He commented that the application was in keeping with Smart Growth principles recognized infilling. Finally, this is a high quality townhouse development. Mr. Lou Marcantonio, for the applicant, provided a brief background history of the proposed development, advised that meetings had been held with the area residents, pointed out that the emergency services had not expressed any concerns, that parking requirements were met and that the gate with the fence was not necessary and could be addressed in the site plan stage. Mr. Marcantonio pointed out that the property was under utilized and that this was not a high density project. Mr. Alfred Rampado, President, Kargo Properties, advised that it was his intention to provide a high quality townhouse development and that he had made sure that the residents were involved in the meetings. He indicated that his intention was to develop the property and that a multi -unit project made the most economic sense. Since no further comments were forthcoming, Acting Mayor, Alderman Vince Kerrio declared the public meeting with regard to AM- 14/2005 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati, that the report be received and adopted, along with the proviso that the development be moved two (2) feet to the south to provide the needed buffering and the residents be included in the site plan process. The motion Carried with Aldermen loannoni and Wing and Morocco voting contrary to the motion. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati, that the correspondence be received and filed. Carried Unanimously. AND Inter- Office Memorandum on the matter. 8 June 13 2005 Council Minutes MAYOR'S REPORTS, ANNOUNCEMENTS Acting Mayor Vince Kerrio announced that Mr. Sherman Zavitz would be receiving the George Seibel award; that on June 14, 2005, world- famous tightrope walker, Jay Cochrane would be skywalking at the site of the Fallsview Casino; referred to the Grand Opening of the new skate park on June 18, 2005 at the McBain Community Centre and invited everyone to attend; informed that the Niagara Falls Horticultural Society would be presenting their 11t Annual Garden Walk on July 16, 2005. The City Clerk drew the names of the three lucky winners from the ballots submitted at the Falls Farmers' Market at Sylvia Place. The winners were: Jesse Merlino, winner of a cookbook; Donna Warren, winner of a T shirt and Valerio Sorrenti, winner of a bicycle. Acting Mayor Vince Kerrio congratulated the winners and those that had participated in the event. COMMUNICATIONS Communication No. 1 Matt Catherwood and Steve Diomin, Beyond Boardom -Re: Special Community Event. The communication requests Council's consideration for the use of city streets and the use of Cummington Square for the grand opening of a new retail store, "Beyond Boardom" which sells skateboards and related accessories. ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that the correspondence be received and filed. Carried Unanimously. Communication No. 2 Main Ferry BIA Re: 2005 Budget. The communication requests that Council approve the Main Ferry BIA's 2005 operating budget. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Wing, to approve the request pending the General membership approval. Carried Unanimously. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the actions taken in Community Services Committee, earlier this evening be approved: 1. Adoption of the Minutes of the May 30, 2005 Community Services Committee as amended; 2. That the People Mover Project presentation be received for the information of Council Alderman Wing conflict; 3. MW- 2005 -82 Corwin Crescent at Stokes Street, Intersection Control Review that a yield sign be installed on Corwin Avenue at Stokes Street facing southbound motorists traveling on Corwin Avenue and that a stop sign be installed on Corwin Crescent at Stokes Street facing northbound motorists traveling on Corwin Crescent. See By -law No. 2005 -101 Carried. -9- June 13 2005 Council Minutes F- 2005 -26 Chief Administrative Officer Re: 2004 Capital Accounts. The report recommends for the information of City Council. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. F- 2005 -27 Chief Administrative Officer Re: Development Charges, 2004 Financial Information. The report recommends that City Council receive and file the attached financial statements regarding Development Charges for the 2004 fiscal year. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that the report be received and adopted. Carried Unanimously. F- 2005 -28 Chief Administrative Officer Re: 2004 Reserves and Reserve Funds. The report recommends that City Council review and approve the 2004 transfers to reserves and reserve funds. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that the report be received and adopted. Carried Unanimously. F- 2005 -30 Chief Administrative Officer Re: Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001. The report recommends that the Cancellation, reduction or refund of taxes on the various accounts per attached summary be approved and granted to the property owners listed. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that the report be received and adopted. The motion Carried with Alderman Campbell declaring a conflict of interest. F- 2005 -31 Chief Administrative Officer Re: Municipal Accounts. The report recommends that Council approve the municipal accounts totalling $25,650,034.55 for the period April 20, 2005 to May 31, 2005. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that the report be received and adopted. Carried Unanimously. See By -law No. 2005 -106 R -2005- 25 Chief Administrative Officer Re: Use and Management of the Armoury. The report recommends that Council adopts the various recommendations contained within the report. ORDERED on the motion of Alderman Wing, seconded by Alderman Diodati, that the report be received and adopted. Carried Unanimously. R- 2005 -33 Chief Administrative Officer Re: Robert F. Keighan Neighbourhood Park. The report recommends that the neighbourhood park in the Beaver Valley Subdivision located off of Beaverdams Road be named Robert F. Keighan Neighbourhood Park. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, 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. Alderman Pietrangelo requested that Report MW- 2005 -83 be considered separately. -10- June 13 2005 Council Minutes Alderman Wing requested that Report PD- 2005 -42 be considered separately. MW- 2005 -83 Appointment of Consulting Engineer for the Dorchester Road Detailed Design. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Wing, not to go ahead with the appointment and refer the matter back to staff to come back with a report on the costs to do Dorchester Road /Morrison. Carried. PD- 2005 -42 Street Name Change Request Peer Lane to Nathaniel Dett Lane. ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni, that the report be received and adopted and the affected residents personally notified. Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the balance of the recommendations contained in each of the reports on the Consent Agenda be approved. Carried Unanimously. L- 2005 -25, Clear Cloud on Title Along Footpath on Portage Road near Livingstone Street -that Council authorize the Law Clerk to electronically execute and register a Quit Claim Deed to transfer Part 1 on a draft reference plan, attached as Schedule "A to The Corporation of the City of Niagara Falls, to clear a cloud on title to a parcel of land known as a footpath on Portage Road, near Livingstone Street "subject lands MW- 2005 -79, Salt Management Plan -that the report Salt Management Plan (February 2005) prepared by staff and the consulting firm Ecoplans Ltd., be received and adopted to ensure compliance with the requirements of the Code of Practice for Environment Management of Road Salt issued April 3, 2004 by Environment Canada; and that the City report information annually to Environment Canada as per Annex "C” of the Code of Practice; and that a copy of the report be forwarded to the Ecological Environmental Adversity Committee for their information; MW- 2005 -80, Contract 2005 -08, 2005 Surface Treatment Program that the unit prices submitted by the low tenderer, Norjohn Limited, be accepted; MW- 2005 -81, Consulting Services Weightman Bridge Deck Condition Survey and Pre Design Analysis that the City of Niagara Falls enter into a Consulting Services Agreement with Ellis Engineering Inc., for the Weightman Bridge Deck Condition Survey and Pre- Design Analysis for the upset limit of $45,630.00, excluding GST; R- 2005 -32, Draft Heritage Master Plan that a public meeting be held to gather further input into the information and recommendations contained within the draft Heritage Master Plan; RESOLUTIONS NO. 07 PIETRANGELO MOROCCO 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 conventional transit vehicles in the amount of $346,112.00. Carried Unanimously. NO. 08 PIETRANGELO MOROCCO 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 $28,043.00. Carried Unanimously. -11- June 13 2005 Council Minutes BY -LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that leave be granted to introduce the By -laws and the By -laws be now read a first time: 2005 -100 A by -law to amend By -law No. 79 -200, to permit the development of a townhouse complex on the west side of Montrose Road (Re: AM- 57/2004, Wedgewood Homes) 2005 -101 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Stopping Prohibited) 2005 -102 A by -law to authorize the execution of a Commercial Land Lease with Ontario Realty Corporation and Her Majesty, The Queen respecting the lease of lands known as Municipal Parking Lot #18 located at the corner of Victoria Avenue and Kitchener Street, Niagara Falls. 2005 -103 A by -law to amend By -law No. 79 -200, to regulate the use and development of a commercial property located within the northwest quadrant of Dorchester Road and Highway 420 (Re: AM- 08/2004, Dorchester Road at Hwy. 420) 2005 -104 A by -law to amend By -law No. 79 -200, to regulate the use and development of a commercial property located on the southwest corner of Morrison Street and Dorchester Road and to repeal By -law No. 2003 -37 which regulated, in part, the development of the retail centre to date (Re: AM- 41/2004, Morrison St. At Dorchester Rd.) 2005 -105 A by -law to authorize the execution of an agreement of an offer to purchase from Carolyn Harris in trust for part of Township Lot 21 D being Part 1 on Reference Plan 59R- 12747. 2005 -106 A by -law to authorize monies for General Purposes (April 20, 2005 to May 31, 2005) 2005 -107 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 13 day of June, 2005. The motion Carried with Alderman Diodati declaring a conflict on By -law No. 2005 -103 and Aldermen loannoni and Wing voting contrary to By -law No. 2005 -103 and with Aldermen Campbell, loannoni and Morocco declaring conflicts of interest previously noted, on By -law No. 2005 -106. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the By -law be now read a second and third time: 2005 -100 A by -law to amend By -law No. 79 -200, to permit the development of a townhouse complex on the west side of Montrose Road (Re: AM- 57/2004, Wedgewood Homes) 2005 -101 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Stopping Prohibited) 2005 -102 A by -law to authorize the execution of a Commercial Land Lease with Ontario Realty Corporation and Her Majesty, The Queen respecting the lease of lands known as Municipal Parking Lot #18 located at the corner of Victoria Avenue and Kitchener Street, Niagara Falls. -12- June 13 2005 Council Minutes 2005 -103 A by -law to amend By -law No. 79 -200, to regulate the use and development of a commercial property located within the northwest quadrant of Dorchester Road and Highway 420 (Re: AM- 08/2004, Dorchester Road at Hwy. 420) 2005 -104 A by -law to amend By -law No. 79 -200, to regulate the use and development of a commercial property located on the southwest corner of Morrison Street and Dorchester Road and to repeal By -law No. 2003 -37 which regulated, in part, the development of the retail centre to date (Re: AM-41/2004, Morrison St. At Dorchester Rd.) 2005 -105 A by -law to authorize the execution of an agreement of an offer to purchase from Carolyn Harris in trust for part of Township Lot 21 D being Part 1 on Reference Plan 59R- 12747. 2005 -106 A by -law to authorize monies for General Purposes (April 20, 2005 to May 31, 2005) 2005 -107 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 13` day of June, 2005. The motion Carried with Alderman Diodati declaring a conflict on By -law No. 2005 -103 and Aldermen loannoni and Wing voting contrary to By -law No. 2005 -103 and with Aldermen Campbell, loannoni and Morocco declaring conflicts of interest previously noted, on By -law No. 2005 -106. NEW BUSINESS Paving stone portion of Yokom Road Alderman Victor Pietrangelo referred to the paving of the stone portion of Yokom Road, west of Crowland. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Wing, that staff look at paving the stone portion of Yokom Road, west of Crowland. Carried Unanimously. Industrial Tax Burden Alderman Victor Pietrangelo commented on the issue of industrial tax rates and to provide the option in 2006, to shift some of the industrial burden from the taxpayers. He was advised by the Director of Finance that staff are investigating this matter for the 2006 year, that permission must be granted by the Minister of Finance and that staff would report back on the matter. Supporting Local Suppliers Alderman Wing discussed the City of Welland's policy with regard to supporting their local suppliers. She was advised by the Chief Administrative Officer that contractors and suppliers have articulated that they are opposed to such policies. Fence Issue on Carolyn Avenue ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni, that Mr. Gary Fisher be permitted to address Council. Carried Unanimously. Mr. Gary Fisher, 6252 Carolyn Avenue expressed concerns regarding the condition of the fence that abuts his property and further, that the owners have four pitbulls. He was advised by the City Clerk that staff had and would continue to investigate. Gas Prices in Niagara Falls Alderman Jim Diodati advised that Ms. Faith Goodman, Canadian Petro Producers Institute, would be in attendance at the June 27, 2005 Council meeting with representatives from the Head Offices of Suncor, Imperial Oil and Petrocan to discuss concerns regarding gas prices in Niagara Falls. In Camera Procedures Alderman loannoni requested that this report not be brought back to the June 27`" meeting, as she will be away. The City Clerk indicated he will bring it to Council in July. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the meeting be adjourned at 10:50 p.m. Carried Unanimously. READ AND ADOPTED, -13- June 13 2005 Council Minutes DEAN 10 DA, C,TY CLERK ALD. VINC KERRIO, ACTING MAYOR