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2003/11/17O Canada TWENTY- FIRST MEETING PLANNING MEETING Council met on Monday, November 17, 2003 at 6:00 p.m. for the purpose of considering Planning matters. All members of Council, were present. Alderman Shirley Fisher offered the Opening Prayer. Prior to dealing with further Council matters, Ms. Erin Warman, Jennifer Farmer and Stefanie Bergman, from Westlane Secondary School sang the National Anthem. Council Chambers November 17, 2003 DISCLOSURES OF PECUNIARY INTEREST Alderman Campbell indicated a conflict of interest on the Deputation dealing with the Ontario Early Years Centre because the District School Board of Niagara is his employer. Alderman Feren indicated a pecuniary interest on Report F- 2003 -51, Cheque Nos. 279110; 279268 and 279601 because his company is the recipient. Alderman loannoni indicated a pecuniary interest on Report F- 2003 -49, because she was involved in the Computer Purchase Program. Alderman Volpatti indicated pecuniary interests on Report PD- 2003 -104 regarding the designated property on St. Patrick Avenue because she resides in the area; and on correspondence received dealing with Dorchester Road because a family member is employed by Vincor; and on Report F- 2003 -52 because a family member is involved. National Child Day DEPUTATIONS Ms. Donna Dalgleish, Coordinator, Ontario Early Years Centre, Niagara Falls provided information on "National Child Day a special community celebration on November 20, 2003 at Niagara Square, to commemorate Canada's adoption of the UN Declarations and Conventions concerning the Rights of the Children. Heart Niagara Dr. Stafford Dobbin, Heart Niagara provided an overview of the expansion of the Schools Healthy Heart Program, a program providing lifesaving skills and heart health behaviour to Grade 7 and 8 students. -2- PLANNING MATTERS November 17, 2003 Council Minutes PD- 2003 -103 Chief Administrative Officer: Re: Zoning By -law Amendment Application; AM- 36/2003, 6350 Dorchester Road; Applicant: Angelo Butera; Agent: Michael Allen, Architect; Proposed Conversion of a Long -Term Care Facility to an Apartment Building. The report recommends that Council approve the requested Zoning By -law amendment application to convert the former Long -term care facility at 6350 Dorchester Road to an apartment dwelling with a maximum of 50 units. His Worship Mayor Thomson received indication that Ms. Italia Gilberti, Solicitor and Mr. Michael Allen, Architect, were in attendance on behalf of the applicant. Mr. Allen requested that the matter be deferred to the December 8 2003 Council meeting. It was ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the matter be deferred to the December 8 2003 Council meeting. Carried Unanimously. PD- 2003 -101 Chief Administrative Officer Re: Zoning by -law Amendment Application; AM- 34/2003, 5923 Stanley Avenue 5916 Allendale Avenue; Applicant Niagara Princess Hotels; Agent: Michael Allen, Architect; Proposed 10- Storey Hotel. The report recommends that Council approve the requested Zoning by -law amendment application for a proposed 10- storey hotel at 5923 Stanley Avenue, conditional on: 1. Floors five through ten being set back 40 feet from the north property line in compliance with the City's Design Criteria for High -Rise Buildings instead of being staggered as proposed; 2. A minimum of 10 feet of landscaping being provided along the hotel land's Allendale Avenue frontage; 3. 5916. Allendale Avenue not being zoned for off parking for the proposed hotel. -AND Communication No. 235 Regional Niagara, Planning and Development Department. The communication advises as not being opposed to the proposal. 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 October 17, 2003. His Worship Mayor Thomson received indication that Mr. Michael Allen, Architect, was in attendance on behalf of the applicant and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. 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. Act. -3- November 17, 2003 Council Minutes The Director of Planning and Development discussed the subject property through the use of posted sketches, provided information on the site description and surrounding land uses; he advised that the property was under utilized and a hotel was an appropriate use; the Director indicated that staff were recommending approval subject to the following revisions: a 40 -foot setback from the northerly lot line for all floors above the fourth floor; a minimum of 10 -feet of landscaping being provided along Allendale Avenue and the elimination of 5916 Allendale Avenue being linked to the hotel lands for off -site parking. 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 positive response in opposition to the application. Mr. John Szoke, 5986 Allendale Avenue advised that he was not opposed to the application but expressed concerns regarding the idling buses and gas fumes from those buses parked adjacent to his property. Ms. Carol Johnson, 4994 Kingston Avenue, expressed environmental, landscaping and storm water management concerns. Mr. Michael Allen indicated that the applicant would be dealing with the smaller piece of property through the site plan process and stated there would be no bus parking adjacent to Mr. Szoke's property. He advised there would be limited bus parking in the main parking area, which would mainly be used for staff parking; and that the applicant would comply with the landscaping and storm water management requirements. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to AM- 34/2003 closed. ORDERED on the motion of Alderman Feren, seconded by Alderman Orr, that the report be received and adopted and further, that interested members of the public be included in the site plan process. Carried Unanimously. PD- 2003 -100 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 33/203, 5981 Fallsview Boulevard; Applicant: 1473956 Ontario Limited; Agent: Donato Colangelo; Request to Reduce Parking Requirements for a Proposed Museum /Retail Building. The report recommends that Council approve the requested Zoning By -law amendment to reduce the parking standards for a proposed museum /retail store to be located at 5981 Fallsview Boulevard. AND Communication No. 236- Regional Niagara, Planning and Development Department. The communication advises that the Region would not be opposed to the proposed Zoning By -law amendment. 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 October 17, 2003. His Worship Mayor Thomson received indication that the applicant, Mr. Donato Colangelo 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. r r -4- November 17, 2003 Council Minutes His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. The Director of Planning and Development reviewed the proposal through posted sketches; he indicated that the applicant was requesting a reduction of 13 parking spaces to 8, a request that was supported by the parking demand study submitted; therefore, the minor relief of parking was appropriate and that staff were recommending approval of the application. 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. In response to questions raised, the Director of Planning and Development advised that the issue of greening and landscaping would be addressed through the site plan process and that developments in the Fallsview area can be built to the street line. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to AM- 33/2003 closed. ORDERED on the motion of Alderman Feren, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. PD- 2003 -95 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 39/2003, 1985 Stanley Avenue; Applicant: Modern Landfill Corporation; Proposed Storage Compound for Waste Collection Vehicles Related Equipment. The report recommends that Council approve the Zoning By -law amendment application to permit the development of a storage compound for waste collection vehicles and related equipment. -AND Communication No. 237 Bruno Lidia Carlesso. The communication requests that no waste or garbage will be stored or kept in the vehicles, all the related equipment or on the property. -AND Communication No. 238 Gladys William Davidson. The communication expresses concerns regarding odours emitted from the vehicles and other equipment; fumes and noise from the compound. 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 October 17, 2003. His Worship Mayor Thomson received indication that Mr. Brian Gogol, Manager, Modern Landfill Corporation was in attendance on behalf of the applicant and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. -5- November 17, 2003 Council Minutes His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. The Director of Planning and Development reviewed the proposal through posted sketches; he advised that the applicant had requested a zoning by -law amendment to permit the development of a storage compound for waste collection vehicles and related equipment on the property; the Director indicated that there would be no storage of refuse on the property, that the existing berming was effective because it would hide the compund and that adequate storm water drainage and safe vehicular movements and entrance points would be addressed during the site plan process. Staff were recommending approval. 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 positive response in opposition to the application. Mr. Walter Milinkovich, on behalf of his mother, residing at 2046 Stanley Avenue, expressed concerns regarding the truck traffic and the affect on property values. Mr. Cornelius Valstar, 1974 Stanley Avenue expressed concerns with regard to open garbage containers and the associated fumes, dust and lighting from the storage compound. Mr. Ed Krueger, 1986 Stanley Avenue, expressed concerns regarding the condition of the road due to the amount of truck traffic, the creation of dust and the height of the berms. Mr. Louie Carlesso, 2086 Stanley Avenue, expressed concerns with regard to the number of parking spaces to be constructed and enquired as to whether any landscaping or buffering would be provided fronting the residences on Stanley Avenue. Mr. Tom Mussari, who was in attendance on behalf of his parents at 2095 Stanley Avenue, expressed concerns regarding the access off Fruitbelt Parkway, truck parking and fumes and landscaping provisions. Professor Chuck Stakafski asked whether there would be waste transfer on site. Mr. Brian Gogol, Modern Landfill Corporation, advised that the trucks were emptied at the landfill site, washed weekly and deodarized, and that, to date, no odour complaints had been received. He further advised, that the company had purchased a power washing truck to deal with dust. He provided assurances that the area would be sufficiently buffered and landscaped in order to screen the proposed use from nearby residences and could not be used as a waste transfer station. In response to questions raised, Mr. Murray Thomson, Engineer on the project, informed that the surface of the driveway would have a layer of crushed stone in order to keep the dust down and one -way traffic could be feasible. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to AM- 39/2003 closed. ORDERED on the motion of Alderman Feren, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with Alderman Orr voting contrary to the motion and with all others voting in favour. Act. -6- Alderman Pietrangelo left Council Chambers. November 17, 2003 Council Minutes PD- 2003 -96 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 40/2003, 6837 Thorold Stone Road; Applicant: Stephen Mort ley; Proposed Day Nursery. The report recommends that Council approve the Zoning By -law Amendment application to permit a day nursery within the existing building. 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 October 17, 2003. His Worship Mayor Thomson received indication that the applicant, Mr. Stephen Mort ley, 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. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. The Director of Planning and Development reviewed the proposal through posted sketches; he advised that the proposal complied with the intent and purpose of the Official Plan and that the use would be compatible with the other permitted uses in the NC zone. He stated that because the development required a licence under the Day Nurseries Act it was necessary that the use be added. He advised that staff were recommending approval of the application. 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- 40/2003 closed. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary-Pool that the report be received and adopted. The motion Carried. Alderman Pietrangelo returned to the meeting. PD- 2003 -102 Chief Administrative Officer Re: City- Initiated Zoning By -law Amendment Application; AM- 42/2003, Oakwood Drive. The report recommends that Council approve the requested Zoning By -law amendment to rezone the lands illustrated on Schedule 1 from Prestige Industrial to Development Holding and amend By -law No. 2002 -201 by removing Schedule C -G in order to conform with the residential designation of the City's Official Plan. AND Communication from Regional Niagara, Planning Development Department. -AND Communication from Broderick Partners. His Worship Mayor Thomson received indication that Ms. Italia Gilberti, Solicitor, was in attendance on behalf of the applicant. Ms. Gilberti requested that the report be deferred but had no objections to the licencing by -law going ahead. Mr. Stark of Lundy's Regency Arms Corp. advised that his group had no interest in the adult entertainment usage. Following some discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the report be deferred. The motion Carried. 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: 2003 -190 A by -law to amend By -law No. 2002 -197, being the Live Adult Businesses by -law Carried. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the following by -law be now read a second ad third time: 2003 -190 A by -law to amend By -law No. 2002 -197, being the Live Adult Businesses by -law Carried. PD- 2003 -98 Chief Administrative Officer Re: Orchard Grove West Extension Draft Plan of Subdivision; File: 26T -11- 2003 -01 (Revised) Owner: 527786 Ontario Limited. The report recommends that Council consider input received at the Public Meeting and refer all matters to staff for the review of the Orchard Grove West Extension Draft Plan of Subdivision. His Worship Mayor Thomson received indication that Mr. Victor Muratori, Solicitor was in attendance on behalf of the applicant. The City Clerk advised that notice had been given in accordance to regulations by prepaid first class mail on October 31, 2003. -7- BY -LAW November 17, 2003 Council Minutes -8- November 17, 2003 Council Minutes His Worship Mayor Thomson advised that the purpose of the public meeting was to receive information and provide an opportunity for the public to comment on the proposed subdivision. He advised that no decision would be made at the meeting this evening, but that planning staff would consider all comments received from the public and would then prepare a recommendation report to Council at a future date. Mr. Victor Muratori, Solicitor provided a brief overview of the Orchard Grove West Extension Draft Plan of Subdivision proposal; advised that the applicant was proposing to subdivide a 4.15 acre site into 28 lots for single- detached dwellings. He stated that the land was currently zoned Development Holding and that the applicant had requested the zoning to be changed to a modified Residential Single Family 1 E Density (R1 E) category, that retains the existing DH -581 requirements for an increased dwelling setback and limited dwelling height abutting the land to the west containing a campground. Ms. Carol Johnson, 4994 Kingston Avenue, expressed concerns regarding parkland dedication for the residents in the area. Mr. Muratori advised that developing parks was not a function of the developer and indicated that the developer pays 5% to the municipality in lieu of parkland. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Orchard Grove West Extension Draft Plan of Subdivision closed. ORDERED on the motion of Alderman Feren, seconded by Alderman Fisher, that all comments be referred to planning staff. Carried Unanimously. PD- 2003 -99 Chief Administrative Officer Re: Ascot Woods Extension 7 Draft Plan of Subdivision; File: 26T -11- 2003 -02; Owner: Ascot Woods Ltd. The report recommends that Council consider input received at the Public Meeting and refer all matters to staff for review of the Ascot Woods Extension 7 Draft Plan of Subdivision. His Worship Mayor Thomson received indication that Mr. Brian Sinclair, Solicitor was in attendance. The City Clerk advised that notice had been given in accordance to regulations by prepaid first class mail on October 31, 2003. His Worship Mayor Thomson advised that the purpose of the public meeting was to receive information and provide an opportunity for the public to comment on the proposed subdivision. He advised that no decision would be made at the meeting this evening, but that planning staff would consider all comments received from the public and would then prepare a recommendation report to Council at a future date. Mr. Brian Sinclair advised that this was the last phase of Ascot Woods Subdivision; he indicated that the higher density did not work with the property configuration and that the applicant proposed to subdivide a 9.73 acre site into 25 lots for single detached dwellings and a block for parkland. He stated that the land was currently zoned Development Holding and the applicant was requesting that the zoning be changed to the Residential Single Family 1 E Density. Ms. Carol Johnson, 4994 Kingston Avenue, enquired whether the drainage from the subdivision was to be directed to the Kalar Road Pumping Station and she was informed that the drainage would not be directed there. -9- November 17, 2003 Council Minutes Mr. Peter Grandoni, expressed the concern that over time, his farm had taken considerable water downstream and requested that when there was sewer separation, that water not be diverted into Shriner's Creek. The Director of Municipal Works advised that the Hodgson sewer separation was not slated for at least five years. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Ascot Woods Extension 7 Draft Plan of Subdivision closed. ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the comments be referred to staff. Carried Unanimously. PD- 2003 -105 Chief Administrative Officer Re: Draft Plan of Condominium; File: 26CD -11- 2003 -01; 6070 Dunn Street; Owner: Antonio Sardella. The report recommends the following: 1. That the proposed plan of condominium be draft approved subject to the conditions in the attached Appendix; 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council. ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren, that the report be received and adopted. Carried Unanimously. PD- 2003 -97 Chief Administrative Officer Re: Niagara Escarpment Commission Policy Reports. The report recommends the following: 1. That the Niagara Escarpment Commission be advised that the'City of Niagara Falls requests notice of the Commission's Policy on Commercial Water Taking and Wind Power Development and that the City of Niagara Falls supports the recommendations of the Niagara Escarpment Commission to the National Antenna Review Board; 2. That the National Antenna Review Board be advised that the City of Niagara Falls staff agrees with the recommendations of the Niagara Escarpment Commission to the National Antenna Review Board regarding the inclusion of notification, accountability and enforcement procedures in the Antenna review process as applying to the entire municipality. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. PD- 2003 -104 Chair, Municipal Heritage Committee Re: Matters Arising from Municipal Heritage Committee (MHC) Meeting. The report recommends the following: 1. That Council grant "approval in principle" for the designated property grants as outlined in this report for 3360 St. Patrick Avenue and 4761 Zimmerman Avenue; 2. That Council defer approval of a grant for 4851 River Road until further documentation is submitted; -10- ADOPTION OF MINUTES November 17. 2003 Council Minutes 3. That Council not approve an application for 4325 Bampfield Street. ORDERED on the motion of Alderman Wing, seconded by Alderman Feren, that the report be received and adopted. The motion Carried with Alderman Volpatti abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. Alderman Wing requested that the Minutes of October 20, 2003 be amended to reflect that she is a CUPE member. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the Minutes of the Regular Council Meeting of October 20, 2003 be approved as amended. Carried Unanimously. Farewell MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS His Worship Mayor Thomson provided highlights of his 12 -year term in office; he acknowledged and expressed his appreciation to members of staff for their support and assistance over the past twelve years. He bid farewell and vacated Council Chambers. Following Mayor Thomson's farewell speech, it was ORDERED on the motion of Alderman Feren, seconded by Alderman loannoni, that Alderman Victor Pietrangelo be appointed Acting Mayor until December 1, 2003. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that Alderman Victor Pietrangelo be authorized to have signing authority until December 1, 2003. Carried Unanimously. Aldermen Orr, Puttick and Feren vacated Council Chambers. COMMUNICATIONS Communication No 239 The Optimist Club of Niagara Falls Re: Proclamation. The communication requests that Council proclaim the week of November 16 November 22, 2003 as "Youth Appreciation Week" in the City of Niagara Falls. ORDERED on the motion of Alderman loannoni, seconded by Alderman Campbell, that the request be supported. Carried Unanimously. Communication No. 240 Niagara Falls Nature Club Re: Proposed development West side of Garner Road North of Lundy's Lane (Council meeting of September 8, 2003). The communication urges Council to consider doing an inventory of all woodlet and undisturbed prairie and investigate these for environmental significance. ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing, that the matter be referred to staff. Carried Unanimously. Alderman Orr returned to Council Chambers. November 17, 2003 Council Minutes REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool, that the actions taken in Community Services Committee, earlier this evening be approved: 1. That the minutes of the October 20, 2003 Community Services Committee meeting be approved; 2. MS- 2003 -199, Sign Encroachments, Municipal Right -of -Way that the City develop a policy for sign encroachments into the Municipal Right -of -Way; 3. MW- 2003 -197, Marshall Road at Ort Road Intersection that an All -Way controlled intersection be set up at Marshall Road at Ort Road; 4. BBS- 2003 -13, Ripley's Believe It or Not Museum, 4863 Clifton Hill, Sign By -law Variance that the Committee recommends approval of the sign by law variance for Ripley's Believe It or Not Museum at 4863 Clifton Hill; 5. MW- 2003 -200, Shriner's Creek Study, Final Report and Implementation Strategy that the City adopt the recommendations outlined in the Shriner's Creek Study and further that detailed design proceed at a cost of $32,000; 6. R- 2003 -77, Funding Request for Jason MacLean to attend Weight Lifting World Championship in British Columbia that the Committee grant Jason MacLean $1,000.00 to assist in funding his attendance at the World Weightlifting Championship in British Columbia; New Business: 1. That staff prepare a report on the feasibility of the City withdrawing form the Regional Municipality of Niagara; 2. That a letter regarding Dorchester Road and Morrison Road be referred to staff and the EA process Volpatti conflict; 3. That staff contact the Ministry of Transportation regarding the signals at Dorchester Road and Highway 420; 4. That a letter be sent to Downtown BIA informing them that the City is not considering the relocation of City Hall from the downtown area. Carried Alderman loannoni vacated Chambers. F- 2003 -52 Chief Administrative Officer Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of the Municipal Act. The report recommends that the cancellation, reduction or refund of taxes on the various accounts per attached summary be approved and granted to the applicants listed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. -12- November 17, 2003 Council Minutes It was noted that Mr. R. Tychynski did not attend the Council meeting. Alderman loannoni returned to Chambers. 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 Volpatti, seconded by Alderman Campbell, that the reports on the Consent Agenda be approved. 1. F- 2003 -49, Borrowing By -Law that the Council approve the new short-term borrowing of approximately $32,000.00 for the 2003 Employee Computer Purchase Program; Alderman loannoni conflict; 2. F- 2003 -50, Major Receivables Quarterly Report that the report be received for the information of City Council; 3. F- 2003 -51, Municipal Accounts that Council approve the municipal accounts totalling $6,464,045.29 for the period ending November 17, 2003 Alderman Orr conflict; 4. F- 2003 -53, 2002 Consolidated Financial Statements that the report be received for the information of Council; 5. F- 2003 -54, Change in Signator that the Council approve the change in signator to be effective December 1, 2003; 6. FS- 2003 -18, Purchase of Specialized Rescue Equipment for Fire Services that Council approves the purchase of auto extrication rescue equipment in the amount of $17,687.10; 7. L- 2003 -71, Establishment of Public Highway; Parts 4 5 on 59R -12092 as part of Marshall Road; File No.: 2003 -297 that a road widening being parts 4 5 on Reference Plan 59R -12029 attached as Schedule "A" be established as a public highway, to be known as and to form part of Marshall Road; 8. MW -2003 -193, High Rate Treatment Consultant Selection that the City of Niagara Falls enter into a Consulting Services Agreement with Associated Engineering Ltd. for the design of the High Rate Treatment facility at a cost of $403,965.63. This has been provided for in the 2003 Capital Works Budget; 9. MW- 2003 -196, Consultant Appointment, High Rate Treatment Pilot Study 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 R.V. Anderson Associates Limited for the engineering Services required for the joint Regional Municipality of Niagara and City of Niagara Falls High Rate Treatment Pilot Project for the upset limit of $40,820.00, excluding GST. The City's share of this cost will be a maximum of 33% or $13,606.67. This has been provided for in the 2003 Capital Works Budget; -13- November 17, 2003 Council Minutes 10. R- 2003 -75, Kalar Road Sports Park, Use Agreements with Niagara Falls Girls Soccer Club and Niagara Falls Hydro that Council approve the Use Agreements to allow the Niagara Falls Girls Soccer Club to use the Kalar Road Sports Park, as well as, a portion of Niagara Falls Hydro lands as the Home for Girls Soccer. BY LAWS Carried ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that leave be granted to introduce the following by -laws; and the by -laws be read a first time: 2003 -191 A by -law to amend By -law No. 79 -200, to legalize an existing triplex dwelling (Re: AM- 32/2003, Paul Stary) 2003 -192 A by -law to authorize temporary borrowing to meet the current expenditures of the municipality. 2003 -193 A by -law to establish Parts 4 5 on Reference Plan 59R -12029 as a public highway, to be known as and to form part of Marshall Road. 2003 -194 A by -law to amend By -law No. 2003 -16, being a by -law to establish procedures governing the sale of land by the City of Niagara Falls. 2003 -195 A by -law to authorize monies for General Purposes (November 17, 2003) 2003 -196 A by -law to adopt, ratify and confirm the actions of City Council at the meeting held on the 17 day of November, 2003. The motion Carried with Alderman Feren abstaining from the vote on By -law No. 2003 -196 on a conflict of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the following by -laws be now read a second ad third time: 2003 -191 A by -law to amend By -law No. 79 -200, to legalize an existing triplex dwelling (Re: AM- 32/2003, Paul Stary) 2003 -192 A by -law to authorize temporary borrowing to meet the current expenditures of the municipality. 2003 -193 A by -law to establish Parts 4 5 on Reference Plan 59R -12029 as a public highway, to be known as and to form part of Marshall Road. 2003 -194 A by -law to amend By -law No. 2003 -16, being a by -law to establish procedures governing the sale of land by the City of Niagara Falls. 2003 -195 A by -law to authorize monies for General Purposes (November 17, 2003) 2003 -196 A by -law to adopt, ratify and confirm the actions of City Council at the meeting held on the 17 day of November, 2003. The motion Carried with Alderman Feren abstaining from the vote on By -law No. 2003 -196 on a conflict of interest previously noted and with all others voting in favour. Santa Claus Parade 14 NEW BUSINESS November 17, 2003 Council Minutes Alderman Shirley Fisher provided an update on the upcoming Santa Claus Parade being held on November 22n 2003 and invited everyone to attend the festivities. ORDERED on the motion of Alderman Orr, seconded by Alderman loannoni, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, DEAN IORFI C CLERK ALDERMAN VICTOR PIETRANGELO ACTING MAYOR