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2001/06/11SIXTEENTH MEETING PLANNING MEETING Council met on Monday, June 11, 2001 at 6:00 p.m. for the purpose of considering Planning and Regular Business matters. All members of Council were present. Alderman Art Federow offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTEREST Alderman Craitor indicated a conflict of interest on Cheque Nos. 260258; 26069; 260212; 260111; 260132 and 260116 because a family member is employed by the Region. Alderman Volpatti indicated a pecuniary interest on Communication No. 6 because her husband is a member of the Order of Sons of Italy of Canada, and a conflict under#2001 -110 because her mother lives in the vicinity of that property. Alderman Wing indicated a pecuniary interest on Cheque Nos. 260318; 260053; M93264, 259991; 259871; 260257; 260109; 260112 and 260158 as the expenses were incurred on behalf of an organization of which she is an officer. PRESENTATIONS City of Niagara Falis Environmental Awards His Worship Mayor Thomson and Alderman Selina Volpatti, Chair of the Environmental Planning and Greening Committee congratulated and presented the 2001- 2002 City of Niagara Falls Environmental Award to Dorothy Van Slyke for her outstanding dedication and commitment to protecting wildlife at Dufferin Islands. Community Contributions to Niagara Falls Fire Department Council Chambers June 11, 2001 His Worship Mayor Thomson congratulated and presented tokens of appreciation to Ben Pividor, Special Project Manager Operation Support Manager, Marsulex Inc.; Mr. John Dunn, Coordinator, The Niagara CAER Group; Ruedi Hafen, Niagara Helicopters Limited; Dr. Douglas Munkley, Chief of the GNGH Department of Emergency Medicine and Medical Director, Niagara Regional Firefighter Defibrillation Program; and Mary McKeag, Retired Area Chief, Volunteer Fire Station #4 (Chippawa) in recognition oftheir .contributions to the citizens of Niagara Falls and to the Niagara Falls Fire Department. Niagara Falis Voice Radio Project His Worship Mayor Thomson congratulated and presented tokens of appreciation to Chief Peter Corfield, Assistant Chiefs Colin (Barney) Ruddell, and Lee Smith who was away, and Sue Arbour, Captain /Communications for their contribution to the Niagara Falls Voice Radio Project. Municipal Senior of the Year Award His Worship Mayor Thomson congratulated and presented the Municipal Senior of the Year Award, sanctioned by the Provincial Government, to Grace Doyle for her involvement in the community and who has been an active member of the Greater Niagara Senior Citizens Centre since 1979. Coronation Centre Ms. Wendy Hazleton, Evening Recreation Programmer and Garth Chapman, President, Coronation Centre, provided information on the new evening program at the Coronation Centre and invited the citizens of Niagara to take part in various activities at the Coronation Centre. Cardinal Newman Catholic School 2 Mr. Clyde Carruthers, Principal, Cardinal Newman Catholic School addressed Council respecting the issue of petitioning Canadian National Railways to install railway crossing gates on Beaverdams Road, east of Kalar Road at Crossing No. 31. Mr. Carruthers is hopeful, that with the help of Council, the appropriate railway authorities could be contacted to bring this to fruition and alleviate the dangers of a tragic accident at this railway crossing. Susan Foye, member of the Catholic School Council at Cardinal Newman Catholic School, expressed safety concems, as well, as a parent of children attending this school. ORDERED on the motion of Alderman Fisher, seconded by Alderman loannoni, that Council be involved for any suggestions and contacts to have crossing gates installed and that a letter be forwarded to the appropriate railway authorities at the highest level, local level, the Regional Chair and our local Member of Parliament. The motion Carried with Alderman Pietrangelo declaring a conflict and with all others voting in favour. His Worship Mayor Thomson referred to the many accidents over the years at railway crossings and anticipates art end to this problem when the rail lines are moved from the centre of the city. ORDERED on the motion of Alderman loannoni, seconded by Alderman Fisher that from a safety aspect, the rail lines should be removed from the centre of the city. Carried Unanimously. ORDERED on the motion of Alderman loannoni, seconded by Alderman Fisher that from a safety aspect, a railway overpass should be installed at the Dorchester /Morrison Street area. Carried Unanimously Casino Parking Lot #2 Mr. Bryan Morris, Fallsview B.I.A. presented a copy of a petition signed by the owners of commercial properties, residential properties and employees in the Fallsview area who are opposed to the sale of a parcel of land on Stanley Avenue currently known as Casino Parking Lot #2 out of the public domain and into the private sector. Mr. Morris explained that this parcel of land was the last parcel of publicly owned land in the Fairview area currently used as a parking lot. He suggested that the City of Niagara Falls should purchase the entire parcel of land from The Regional Municipality of Niagara, at the appraised value, in order to provide adequate public parking within the Fallsview area The Niagara Falls Chamber of Commerce also raised this issue at a recently held meeting, and a letter of support would be available from them, as well. The City Solicitor explained that the property was owned by Ontario Hydro since 1916 and was sold to the Regional Municipality of Niagara in 1974, for about $500,000.00. It was noted in the Deed that the property was to be used for road purposes and any part 3 that was not used for road purposes should be used for a park. His Worship Mayor Thomson indicated that firstly, the City has the first right of refusal; and secondly, the City could acquire the property for the appraised value, and in spite of that the Regional Municipality of Niagara decided to put it up for a public bid to try and escalate the cost of the land. The price has escalated in excess of 4 million to 6.3 million. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell that Staff be directed to do whatever is possible to expedite this matter. Carried Unanimously PLANNING MATTERS PD- 2001 -51- Chief Administrative Officer Re: Appeal to Zoning By -law 2001 -80, AM- 13/99, Jeffrey Dennington, Lyon's Parkway. The report recommends the following: 1. That Council reaffirm its previous decision and refer their comments to the Ontario Municipal Board, by resolution, and the passing of By -law No. 2001 -80. ORDERED on the motion of Alderman Feren, seconded by Alderman loannoni that the matter be Received and Filed. Carried Unanimously See Resolution No. 18 PD- 2001 -52 Chief Administrative Officer Re: Request for Removal of Part Lot Control, Shane Crescent, Blocks 2 3, Registered Plan 59M -279. The report recommends that: 1. Council approve the request and pass the appropriate by -law to designate Blocks 2 3, Registered Plan 59M -279 as exempt from Part Lot Control; and 2. The applicant be required to notify the City when the separate deeds, as described in this report, have been registered in order for the by -law to be repealed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren that the matter be Received and Filed. Carried Unanimously PD- 2001 -53 Chief Administrative Officer Re: Willoughby Land Use Study. The report recommends: That Council authorize staff to host an open house whereby the consultants will present their findings and recommendations for the Willoughby Land Use Study. ORDERED on the motion of Alderman Feren, seconded by Alderman Orr that the matter be Received and Filed. The motion Carried with Alderman Federow declaring a conflict and with all others voting in favour. PD- 2001 -54 Chief Administrative Officer Re: Appeal to Zoning By -law No. 2001 -90. AM -03 -2001, 6546 Fallsview Boulevard, Proposed Addition to Days Inn Hotel. The report recommends: That Council reaffirm, by resolution, the passing of By -law No. 2001 -90 and forward it to the Ontario Municipal Board ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni that, by resolution, the matter be forwarded to the Ontario Municipal Board for approval. The motion Carried with Alderman Feren declaring a conflict and with all others voting in favour. See Resolution No. 17 ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo that a resolution be passed indicating that the action taken in Committee of the Whole is 4 frivolous, vexatious and made for the purpose of delay and was not made in good faith, and further that the Ontario Municipal Board be requested to expedite this matter and set an early hearing date. The motion Carried with Alderman Wing voting contrary to the motion and with all others voting in favour. See Resolution No. 16 REGULAR COUNCIL ADOPTION OF MINUTES ORDERED on the motion of Alderman Craitor, seconded by Alderman Feren, that the Minutes of May 14, 2001 and Special Council Meeting of May 25, 2001 be approved as printed. Carried Unanimously UNFINISHED BUSINESS Communication No. 110 City of Guelph Resolution regarding discussions on the General Agreement on Trade In Services (GATS). ORDERED on the motion of Alderman Volpatti, seconded by Alderman Wing that the resolution of the City of Guelph be supported and referred to Staff to send it to our M.P.P. and Minister. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS. REMARKS His Worship Mayor Thomson referred to a petition tendered by George Bekos of White House Restaurant on Bender Hill, signed by businesses in the Victoria Avenue, Centre Street and Bender Hill Area, all of whom are opposed to the closure of the right -turn lane off of Hwy 420 to Bender Street. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo that the matter be referred to Staff to forward the petition to our local M.P.P. and the Minister of Transportation to expedite the right turn off Hwy 420 at Bender Hill, as quickly as possible. His Worship Mayor Thomson indicated that the Millenium Trail Opening is scheduled for Saturday, June 16, 2001 at 10:00 a.m., and recognized the efforts of Paisley Janvary- Pool, former Alderman of the City of Niagara Falls, in bringing this to fruition. Alderman Campbell provided highlights of the opening and invited the public to take part in this event at the intersection of McLeod Road and Oakwood Drive. COMMUNICATIONS Communication No. 111 Ms. Ines Lent on behalf of the property owners on Macklem Street Re: Name Change. The communication requests that consideration be given to change the name of Macklem Street to Niagara Parkway. AND Communication No. 112 Village of Chippawa Citizen's Committee Re: Macklem Street Name Change. The communication expresses concerr regarding the requested name change and that the street should maintain the name "Macklem ORDERED on the motion of Alderman Craitor, seconded by Alderman Feren that Communication No. 111 and 112 be referred to staff. Carried Unanimously. Communication No. 113 Concerned Resident on Gunning Drive Re: Installation of Sidewalks. The communication expresses concerns regarding the unsafe conditions on Gunning Drive and requesting that consideration be given to installing sidewalks in that area. 5 ORDERED on the motion of Alderman Fisher, seconded by Alderman Federow that the matter be referred to staff. Carried Unanimously. Communication No. 114 Lundy's Lane B.I.A. Re: 2001 Budget. The communication request approval of the Lundy's Lane B.I.A. Budget as approved at the Annual General Meeting. ORDERED on the motion of Alderman loannoni, seconded by Alderman Pietrangelo that the request be approved. Carried Unanimously Communication No. 115 Victoria Centre B.I.A. Re: 2001 Budget. The communication request approval of the Victoria Centre B.1.A. Budget. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo that the request be approved. Carried Unanimously. Communication No. 116 Chippawa Business Improvement Area Re: Chippawa B.I.A. Board of Management. The communication request approval of the following Board of Management positions for the remainder of the three -year Council term: Chairman: Victor Ferraioulo; Vice Chair: Joe Miszk; Secretary: Brian Thompson; Treasurer: Dave Barnes; Director: Gino DiCarlo. ORDERED on the motion of Alderman Feren, seconded by Alderman loannoni that the request be approved. Carried Unanimously. Communication No. 117 Order of Sons of Italy of Canada Re: Pyrotechnic Fireworks Display. The communication requests approval for a pyrotechnic fireworks display at Club Italia's Annual Picnic to be held on July 8, 2001. ORDERED on the motion of Alderman loannoni, seconded by Alderman Pietrangelo that the request be approved subject to established policy. Carried Unanimously Communication No. 118 City of Port Colborne Re: Sunsplash Beach Festival. The communication provides information on the Sunsplash Beach Festival being held from June 22 24, 2001 to raise funds for charitable organizations in the Niagara Region and requesting participation in the beach volleyball tournament. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell that the communication be received and filed. Carried Unanimously Communication No. 119 Niagara Transit Re: Additional Bus Service Saturday/Sunday and Brock University Summer Service. The communication provides information on additional bus service Saturday and Sunday service and Brock University Summer Service and requesting if 1) Council wishes to proceed with the weekend service increase and 2) if Council wishes to provide year -round service to Brock University effective September, 2001. -AND Correspondence from Monica Chambers, President/Business Agent, Local 1582. ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti that the communication be received and filed and referred to the 2001 -2002 Budget Deliberations. The motion Carried with Alderman Wing voting contrary to the motion and with all others voting favour. Communication No. 120 Victoria Centre B.I.A. Re: Parking meters along Victoria Avenue. The communication request that the parking meters be removed along Victoria Avenue from Walnut Street to Centre Street and that there be no parking in this area; and that sidewalks be widened along this area. Alderman Norm Puttick indicated that the B.I.A. should be informed that this will be approved and to proceed with it. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo that the matter be referred to Staff for their consideration and report. Carried Unanimously 6 Communication No. 121 The Niagara Parks Commission Re: Expanded dates for Friday Night Fireworks 2001. The communication request permission to expand the fireworks displays to include eight Sunday night dates beginning July 8, 2001. The additional dates are July 8, July 15, July 22, July 29, August 5, August 12, August 19 and August 26, 2001. ORDERED on the motion of Alderman Campbell, seconded by Alderman Feren that the request be approved subject to established policy. Carried Unanimously Communication No. 122 Niagara Falls Humane Society Re: Establishment of a Committee. The communication request that consideration be given to the establishment of a committee to review the need to establish a by -law that would limit the number of dogs or breeding dogs per household. ORDERED on the motion of Alderman Wing, seconded by Alderman Pietrangelo that the matter be referred to Staff for direction to our Committee. Carried Unanimously Communication No. 123 News Release Ministry of Municipal Affairs and Housing. The communication advises that the Province Extends Deadline for Smart Growth Submissions. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren that the matter be referred to Planning Staff. Carried Unanimously Communication No. 124 Bill Schaubel, Garden City Display Fireworks Re: Fireworks Display at the Ameri -Cana Resort and Conference Center, 8444 Lundy's Lane. The communication requests approval to hold a consumer fireworks display on property adjacent to the Ameri -Cana Resort and Conference Centre on June 24 ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni that the request be approved subject to established practices. Carried Unanimously Communication No. 125 Pauline Cornell, Falls View Brethren In Christ Church Re: Annual Daily Vacation Bible School. The communication advises that their Annual Daily Vacation Bible School and Australian Outback Games will be held from July 23r to 27 2001 ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni that permission be granted for an Archery display at the Annual Daily Vacation Bible School and Australian Outback Games Carried Unanimously REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Pietrangelo seconded by Alderman Feren, that the actions taken in Community Services Committee, earlier this evening, be approved: 1. Approval of the May 14, 2001 Community Services Committee Minutes as amended. 2. That an encroachment agreement be entered into with Mr. Elia for the fence. 3. Presentation by Mike Watt, Walker Industries be received and filed. 4. That the City be authorized to borrow one million dollars for the City's share of property purchases on Roberts Street. 5. That temporary measures for Dunn Street and Fallsview Boulevard bus loading zones, no stopping restrictions be approved. 6. That the City implement a sewer surcharge relief program for commercial /industrial businesses in the City of Niagara Falls. 7 7. That the consulting firm Ketchum be retained to complete the Capital Campaign Feasibility Study for the new Community Centre. 8. That the engineering firm of Philips Engineering be retained to complete a Servicing Assessment and Locational Analysis for the Niagara Falls Community Centre. 9. That City Council authorize the purchase of a 2001 Kubota Tractor Mower. 10. That Council approve the low bid of $22,776.00 plus taxes from Drakar Engineering Limited to repair unit 41, aerial apparatus. NEW BUSINESS 11. That Staff prepare a report on the cutting of grass in the island for Cul -de -sacs. The report recommends:: That: IN CAMERA 12. That the sewer surcharge relief request be approved. Carried Unanimously MW- 2001 -72 Chief Administrative Officer Re: Appointment of Consultant, Oakwood Drive Pumping Station Upgrade Class Environmental Assessment. The report recommends that, in accordance with the City's Consultant Selection Policy, the City of Niagara Falls enter into a Consulting Services Agreement for the Oakwood Drive Pumping Station Upgrade, Class Environmental Assessment with Earth Tech Canada Inc., for the upset limit of $9,530.00. ORDERED on the motion of Alderman Feren, seconded by Alderman Hendershot that the report be received and adopted. Carried Unanimously. See By -law No. 2001 -108 MW- 2001 -73 Chief Administrative Officer Re: Amendment of Parking Traffic By- law 89 -2000 to incorporate former Regional Roads. The report recommends that the by -laws appearing on tonight's agenda, amending By -law 89 -2000, be approved. ORDERED on the motion of Alderman Feren, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. See By -law No. 2001 -100 See By -law No. 2001 -101 See By -law No. 2001 -104 MW- 2001 -76 Chief Administrative Officer Re: Municipal Parking Traffic Committee Recommendations, May 15, 2001 Meeting. 1. MW- 2001 -57 Windermere Road and Camrose Street Intersection Control Review. That a stop sign be installed on the east leg of Camrose Street at Windermere Road facing eastbound motorists. 2. MW- 2001 -38 Willoughby Drive between Main Street and Weinbrenner Road Traffic Operations Review 8 1 In- ground reflective delineators be installed in advance of, and throughout the horizontal curve on Willoughby Drive between Aberdeen Street and Gunning Drive; 2. A double yellow centre line be applied on Willoughby Drive between Aberdeen Street and Gunning Drive; 3. Chevron alignment signs be installed along the outer edge of the horizontal curve facing motorists in both directions; 4. "Slippery when wet" signs be installed on Willoughby Drive north of Cattell Drive facing northbound motorists and on Willoughby Drive south of Aberdeen Street facing southbound motorists; 5. The existing "sharp curve ahead" warning sign supplemented with a 25 -km /h advisory speed tab on Willoughby Drive 220 metres south of Aberdeen Street facing southbound motorists be relocated 100 metres northerly and replaced with an oversized "sharp curve ahead" warning sign; 6. The existing "sharp curve ahead" warning sign supplemented with a 25 -km /h advisory speed tab on Willoughby Drive opposite of Gunning Drive be replaced with an oversized "sharp curve ahead" warning sign; 7. The Niagara Regional Police consider Willoughby Drive as an expansion to their "Ride Program" targeting motorists that drink and drive; 8. Neighbourhood "Speed Watch" Program brochures be distributed to residents of Willoughby Drive; 9. A traffic operations review be carried out at the horizontal curve on Willoughby Drive between Aberdeen Street and Gunning Drive after a three month and a one year implementation period; and, 10. Should the results of the review indicate that the preceding recommendations have not rectified the collision frequency or reduce the speed of motorists at/near the curve, alternate Neighbourhood Traffic Management Programs be considered. 3. MW- 2001 -62 Expansion of Parking Meter Boundary Fallsview Area That: 1. Pay Display machines be installed on Clark Avenue between Robinson Street and Ferry Street, on Fallsview Boulevard between Robinson Street and Ferry Street and on Livingstone Street between Stanley Avenue and Fallsview Boulevard; 2. Additional funding be taken from the Parking Reserve Fund to purchase additional on- street Pay and Display machines; and, 3. The recommendations from Report MW- 2001 -62, concerning the Fallsview Area, be forwarded to the B.I.A. for discussion and comment. 4. MW- 2001 -59 Desson Avenue at Spring Street Request for All -Way Stop Control That no revisions to the existing traffic control devices at the intersection of Desson Avenue and Spring Street be carried out at this time. ORDERED on the motion of Alderman Feren, seconded by Alderman Hendershot that the report be received and adopted. Carried Unanimously. 9 MW- 2001 -79 Chief Administrative Officer Tender #2001 -11, Expanded Asphalt Stabilization of Roads. The report recommends that the unit prices submitted by the low tenderer, Hard Rock Paving Co. Ltd., be accepted and that the by -law appearing on tonight's agenda be passed. ORDERED on the motion of Alderman Feren, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. See By -law No. 2001 -112 MW -2001 -80 Chief Administrative Officer Consulting Services for the Replacement of a Watermain, Victoria Avenue. The report recommends that in accordance with the City's Consultant Selection Policy, it is recommended that the City of Niagara Falls enter into a Consulting Services Agreement with Quartek Group Inc. for the design of a watermain on Victoria Avenue for the upset limit of $24,600 excluding GST. ORDERED on the motion of Alderman Feren, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. MW- 2001 -81- Chief Administrative Officer Consulting Services for the Replacement of a Watermain, Buttrey Street. The report recommends that in accordance with the City's Consultant Selection Policy, it is recommended that the City of Niagara Falls enter into a Consulting Services Agreement with Martin Engineering Inc. for the design of a watermain on Buttrey Street for the upset limit of $28,600 excluding GST. ORDERED on the motion of Alderman Feren, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. MW- 2001 -83 Chief Administrative Officer Contract #01- 186 -00, Parking Lot #13 Main Street, Parking Lot #10 Park Street and Chicanes. The report recommends that the unit prices submitted by the low tendered, Norjohn Limited, be accepted and the by -law be passed. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. See By -law No. 2001 -115 MW- 2001 -84 Chief Administrative Officer Contract #01- 113 -01, Cathodic Protection of Watermains. The report recommends that the unit prices submitted by the low tendered, Taunton Construction Limited, be accepted and the by -law be passed. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. See By -Law No. 2001 -105 MW- 2001 -85 Chief Administrative Officer Contract #01- 174 -98, Ontario Power Generation, Outfall Erosion Control Rehabilitation Works Oakwood Drive and Hawkins Creek. The report recommends that the unit prices submitted by the low tenderer, Hard Rock Paving Company Limited be accepted and the by -law be passed. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. See By -law No. 2001 -113 MW- 2001 -86 Chief Administrative Officer Tender #2001 -08 Surface Treatment of Roads. The report recommends that the unit prices submitted by the low tenderer, Norjohn Limited, be accepted and that the by -law appearing on tonight's agenda be passed. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. See By -law No. 2001 -116 MW- 2001 -89 Chief Administrative Officer Purchase of Pay and Display Parking Machines for On- Street Use Fallsview Area. The report recommends that sixteen (16) Pay and Display parking machines be purchased from Precise B/I Systems Limited, at a cost of $266,800.00. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the 10 report be received and adopted. Carried Unanimously. R- 2001 -22 Chair, Canada Day Committee Canada Day Free Swimming. The report recommends that City Council authorize free swimming at the four (4) Municipal Pools on Sunday, July 1S 2001, as part of the celebrations planned for Canada's 134 Birthday. ORDERED on the motion of Alderman Craitor, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. R- 2001 -26 Chair, Canada Day Committee Canada Day 2001. The report recommends that this report be received and filed for information. Alderman Craitor thanked various members of City Staff and organizations for their contributions to the Canada Day Committee. ORDERED on the motion of Alderman Craitor, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that the actions taken in Corporate Services Committee, earlier this evening, be approved. 1. Adoption of the Minutes of May 14, 2001 Corporate Services Committee; 2. That a resolution be passed requesting the Regional Municipaitry of Niagara to issue debentures in accordance with the terms and amounts set out in Report F- 2001-37. 3. That the reimbursable kilemetrage rate payable to City employees who use their personal automobiles on City business be established at $0.389 per kilometre, effective July 1, 2001 and that the kilometrage rate continue to be reviewed on an annual basis. 4. Report F- 2001 -41 That the amended 2001 General Purposes Budget be approved. 5. That the property tax accounts detailed in Report F- 2001 -42 be removed from the City's accounts. 6. Report F- 2001 -43 That the 2001 Property Tax Rates be approved. 7. Report F- 2001 -44 That July 31 and September 19 be approved as the 2001 Final Due Datesforthe Residential, Pipeline, Farmland and Managed Forest Assessment Classes. 8. Report F- 2001 -45 That the municipal accounts totalling $4,746,314.17 for the period ending June 11, 2001, be approved. 9. That Report HR- 2001 -03 City of Niagara Falls Fire Fighter Arbitration Award, be received for information. 10. That Report R- 2001 -21 City Float, be received for information. 11. That a Resolution be forwarded to the appropriate Government agency showing support for the employees of OPAC who are potentially being adversely affected by the "Customer Service Initiatives 12. That a training grant in the amount of $1,980.00 be approved for the Niagara Falls Soccer Club. 13. That the request for a grant to offset development charges for the Queensway Methodist Church be referred to staff for a report. 14. That a donation in the amount of $200.00 be approved for the Fetal Alcohol Syndrome Treatment and Education Centre. 15. That the request for financial assistance from the Bi- National Tourism Alliance be referred to staff for a report. 16. In Camera: That in the matter of the property tax arrears presented to Committee, the owner be granted an extension to the end of August. The motion Carried with Aldermen Wing, Craitor and Volpatti abstaining from the vote on a conflict of interest previously noted on Report No. F- 2001 -45 and with all others voting in favour. See Resolution No. 19 See By -law No. 2001 -123 CD- 2001 -05 Chief Administration Officer Re: Special Occasion Permit. The report recommends that Council indicate it has no objection to the issuance of Special Occasion Permits to the organizations listed in this report. (Royal Canadian Legion Branch 51; Sertoma; and Larry Pugliese) ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the report be receiyed and adopted. Carried Unanimously. L- 2001 -29 Chief Administrative Officer Establishment of a Daylighting Triangle as a Public Highway, Colborne Street. The report recommends that the daylighting triangle, described as Part 3 on Reference Plan No. 59R- 11154, be established as a public highway, to form part of Colborne Street. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously See By -law No. 2001 -110 L- 2001 -30 Chief Administrative Officer Establishment of Turnarounds and One Foot Reserve as Public Highways, Part 1 on Reference Plan No. 59R -11347 and Block A on Plan No. 225 Balmoral Avenue Block 12 on Plan 59M -259 Silvan Street. Our File Nos. 1996 -204 2000 -05. The report recommends that: 1. The turnaround, being Part 1 on Reference Plan No. 59R- 11347, and the one foot reserve described as Block A on registered Plan No. 225 be established as a public highway, to be known as Balmoral Avenue. 2. The turnaround, being Block 12 on registered Plan No. 59M -259, be established as part of a public highway, to be known as Silvan Street. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously See By -law No. 2001 -109 See By -law No. 2001 -111 L- 2001 -31 -Chief Administrative Officer 1006057 Ontario Limited Purchase from the City, Part 7 on Reference Plan No. 59R -10309 and Closing of Part of Graham Street, Our File No. 200 -140. The report recommends that: 1. To authorize the conveyance of Part 7 on Reference Plan No. 59R -10309 to 1006057 Ontario Limited, at no cost to the City. 2. That Staff be authorized to proceed with the closing of Graham Street designated as Parts 8 and 10 on Reference Plan No. 59R- 10309. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously See By -law No. 2001 -106 12 L- 2001 -32 Chief Administrative Officer Competition in the Marketplace and the Planning Process. The report recommends that the information contained in this report be received for the information of Council. ORDERED on the motion of Alderman Hendershot, seconded by Alderman loannoni, that the report be received and filed for the information of Council. Carried Unanimously L- 2001 -33 Chief Administrative Officer Licence Agreement with Mount Carmel Park Association Part of Mount Carmel Park Placement of Portable Sign. The report recommends that the Licence Agreement with Mount Carmel Park Association to permit the placement of a portable sign on a portion of Mount Carmel Park, located on the south side of Mount Carmel Boulevard, be authorized. ORDERED on the motion of Alderman Craitor, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously RATIFICATION OF COMMITTEE -OF- THE -WHOLE ACTIONS See By -law No. 2001 -114 ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher that the actions taken in Committee of the Whole, earlier this evening, be approved. 1. That Council direct Staff to negotiate the acquisition of a 4.18 acre parcel of vacant land owned by the Roman Catholic Diocese of St. Catharines located along the west side of Kalar Road, south of Lundy's Lane. 2. With respect to the application by Beefeater (Niagara) Limited and C. I. Burland Properties Limited vs the various defendants, that the City Solicitor be authorized to defend the application and to take the necessary steps and to confirm all actions taken to date. BY -LAWS Carried Unanimously ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that leave be granted to introduce the following by -law, and the by -law be read a first time: 2001 -100 To amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Stop Signs, Yield Signs, Speed Limits for Part 2 and Part 4, one Way Highways, Prohibited Turns) 2001 -101 To amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Parking Prohibited, Standing Prohibited, Limited Parking, Parking Meter Zones) 2001 -102 To authorize the execution of a Subdivision Agreement with Centennial Construction Contracting (Niagara) Inc. respecting the Weins Subdivision. 2001 -103 To designate the whole of the City of Niagara Falls as a site plan control area, to define the classes of development that may be undertaken without the approval of plans and drawings, and to delegate to an appointed office of the municipality the powers of authority of Council permitted under section 41 of the Planning Act. R/S /P/ 1990, c.P.13., as amended. 2001 -104 To amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stopping Prohibited, Loading Zone, Parking Meter Zones) 2001 -105 To authorize the execution of an agreement with Taunton Construction Limited respecting Cathodic Protection of Watermains. 13 2001 -106 To authorize the conveyance of Part 7 on Reference Plan No. 59R -10309 to 1006057 Ontario Limited, for nominal consideration. 2001 -107 To authorize the Council to borrow money by way of debentures. 2001 -108 To authorize the execution of an agreement with Earth Tech Canada Inc., respecting the Oakwood Drive Pumping Station Upgrade, Class Environmental Assessment. 2001 -109 To establish Part 1 on Reference Plan No. 59R -11347 and Block A on registered Plan No. 225, as a public highway, to be known as and to form part of Balmoral Avenue. 2001 -110 To establish Part 3 on Reference Plan No. 59R- 11154, as a public highway, to be known as and to form part of Colborne Street. 2001 -111 To establish Block 12 on registered Plan 59M -259, as a public highway, to be known as and to form part of Silvan Street. 2001 -112 To authorize the execution of an agreement with Hard -Rock Pavement Recycling Inc., for the expanded asphalt stabilization of roads. 2001 -113 To authorize the execution of an agreement with Hard -Rock Paving Company Limited for the Ontario Power Generation Outfall Erosion Control Rehabilitation Works Oakwood Drive and Hawkins Creek. 2001 -114 To authorize an Agreement for a licence in favour of Mount Carmel Park Association for the placement of a portable sign on City parkland located on Mount Carmel Boulevard. 2001 -115 To authorize the execution of an agreement with Norjohn Limited respecting Parking Lot #13 Main Street, Parking Lot #10 and Chicanes. 2001 -116 To authorize the execution of an agreement with Norjohn Limited respecting surface treatment of roads. 2001 -117 To designate Blocks 2 and 3 on registered Plan No. 59M -279 not to be subject to part lot control. 2001 -118 To authorize a Licence Agreement with Niagara Training Employment Agency Inc. for the purpose of permitting the City to use property at the rear of 3470 Sinnicks Avenue as part of the City's community program of recreation. (Re: Report R- 2001 -19) 2001 -119 To provide for the adoption of an amendment to the City of Niagara Falls Official Plan. 2001 -120 To authorize the execution of an agreement with 1422281 Ontario Ltd., respecting "The Willoughby Drive Condominium 2001 -121 To authorize the execution of a Subdivision Agreement with River Realty Development (1976) Inc. respecting the Garner Estates Phase Two. 2001 -122 To set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2001. 2001 -123 To authorize monies for General Purposes (June 11, 2001). The motion Carried with Aldermen Craitor, Volpatti and Wing abstaining from the vote on By -law 2001 -123 on conflicts of interest previously noted and with all others voting in favour. 14 ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that leave be granted to introduce the following by -law, and the by -law be read a second and third time: 2001 -100 To amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Stop Signs, Yield Signs, Speed Limits for Part 2 and Part 4, one Way Highways, Prohibited Turns) 2001 -101 To amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Parking Prohibited, Standing Prohibited, Limited Parking, Parking Meter Zones) 2001 -102 To authorize the execution of a Subdivision Agreement with Centennial Construction Contracting (Niagara) Inc. respecting the Weins Subdivision. 2001 -103 To designate the whole of the City of Niagara Falls as a site plan control area, to define the classes of development that may be undertaken without the approval of plans and drawings, and to delegate to an appointed office of the municipality the powers of authority of Council permitted under section 41 of the Planning Act. R/S /P/ 1990, c.P.13., as amended. 2001 -104 To amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stopping Prohibited, Loading Zone, Parking Meter Zones) 2001 -105 To authorize the execution of an agreement with Taunton Construction Limited respecting Cathodic Protection of Watermains. 2001 -106 To authorize the conveyance of Part 7 on Reference Plan No. 59R -10309 to 1006057 Ontario Limited, for nominal consideration. 2001 -107 To authorize the Council to borrow money by way of debentures. 2001 -108 To authorize the execution of an agreement with Earth Tech Canada Inc., respecting the Oakwood Drive Pumping Station Upgrade, Class Environmental Assessment. 2001 -109 To establish Part 1 on Reference Plan No. 59R -11347 and Block A on registered Plan No. 225, as a public highway, to be known as and to form part of Balmoral Avenue. 2001 -110 To establish Part 3 on Reference Plan No. 59R- 11154, as a public highway, to be known as and to form part of Colborne Street. 2001 -111 To establish Block 12 on registered Plan 59M -259, as a public highway, to be known as and to form part of Silvan Street. 2001 -112 To authorize the execution of an agreement with Hard -Rock Pavement Recycling Inc., for the expanded asphalt stabilization of roads. 2001 -113 To authorize the execution of an agreement with Hard -Rock Paving Company Limited for the Ontario Power Generation Outfall Erosion Control Rehabilitation Works Oakwood Drive and Hawkins Creek. 2001 -114 To authorize an Agreement for a licence in favour of Mount Carmel Park Association for the placement of a portable sign on City parkland located on Mount Carmel Boulevard. 2001 -115 To authorize the execution of an agreement with Norjohn Limited respecting 15 Parking Lot #13 Main Street, Parking Lot #10 and Chicanes. 2001 -116 To authorize the execution of an agreement with Norjohn Limited respecting surface treatment of roads. 2001 -117 To designate Blocks 2 and 3 on registered Plan No. 59M -279 not to be subject to part lot control. 2001 -118 To authorize a Licence Agreement with Niagara Training Employment Agency Inc. for the purpose of permitting the City to use property at the rear of 3470 Sinnicks Avenue as part of the City's community program of recreation. (Re: Report R- 2001 -19) 2001 -119 To provide for the adoption of an amendment to the City of Niagara Falls Official Plan. 2001 -120 To authorize the execution of an agreement with 1422281 Ontario Ltd., respecting "The Willoughby Drive Condominium 2001 -121 To authorize the execution of a Subdivision Agreement with River Realty Development (1976) Inc. respecting the Garner Estates Phase Two. 2001 -122 To set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2001. 2001 -123 To authorize monies for General Purposes (June 11, 2001). The motion Carried with Aldermen Craitor, Volpatti and Wing abstaining from the vote on By -law 2001 -123 on conflicts of interest previously noted and with all others voting in favour. NEW BUSINESS 1. ORDERED on a motion by Alderman Wing, seconded by Alderman Pietrangelothat a letter of congratulations be forwarded to Battlefield School as they were the only one out of twenty -four schools across Canada, to have successfully completed the 2000 Canadian Olympic Challenge which involves the study of seven Olympic values: Peace, Respect, Fairness, Human Development, Fun, Leadership and Excellence and by completing those activities and demonstrating their commitment to the development of those values, earned the title of Canadian Olympic School. In doing so, they have brought recognition to their school and the municipality. Carried Unanimously. 2. ORDERED on a motion by Alderman Wing, seconded by Alderman Hendershot that June 22, 2001 be proclaimed "Take Your Dog to Work Day" in the City of Niagara Falls for interested organizations. Carried Unanimously 3. ORDERED on a motion by Alderman Craitor, seconded by Alderman Puttick that there be a resolution in support of an All -Way Stop at the intersection of Stanley and Portage Road until such time that traffic lights are installed. 4. Alderman Campbell questioned the status of the Oasis Body Rub Parlour on Victoria Avenue and requested an update of the usefullness of the By -law. 5. Alderman Campbell referred to the bushy growth obstructing the view on the N. E. Corner of Armoury and Second Avenue. 6. Alderman Feren referred to the Chippawa Dock Parking Lot and indicated that he was not in agreement with the construction of the Lot. ORDERED on the motion of Alderman Feren, seconded by Alderman Fisher that they cease and desist construction until all parties have been consulted and that a meeting be convened, as soon as possible. 7. Alderman loannoni provided an update on the Crime Prevention Conference that she attended in Las Vegas and thanked Council for their support. ORDERED on the motion of Alderman Fisher, seconded by Alderman Orr, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, 16 E.C. WAGG, CITY RK WAYNE THOMSON, MAYOR