To the Lord Mayor and Members of the Dublin City Council Report No. 174/2003 Please note car parking available in Civic Offices basement and refreshments available in Members Lounge, City Hall. NOTIFICATION TO ATTEND MONTHLY MEETING OF COUNCIL TO BE HELD IN THE COUNCIL CHAMBER, CITY HALL, DUBLIN 2 ON MONDAY 9TH JUNE, 2003 AT 6.45P.M FÓGRA FREASTAIL DO CHRUINNIÚ MÍOSÚIL NA COMHAIRLE 6.45 P. M. SEOMRA NA COMHAIRLE, HALLA NA CATHRACH, CNOC CHORCAÍ, AR 9ú MEITHEAMH 2003 Do Gach Ball den Chomhairle. A Chara, Iarrtar ort a bheith i láthair ag Cruinniú Míosúil de Chomhairle Cathrach Bhaile Átha Cliath a thionólfar i Seomra na Comhairle, Halla na Cathrach, Cnoc Chorcaí, ar 9ú Meitheamh, 2003 ar 6.45 p.m. chun an ghnó seo leanas a phlé agus gach is gá i dtaca leis a dhéanamh, nó a chur a dhéanamh, nó a ordú a dhéanamh:- Prayer. NO. ITEM 1. To confirm the minutes of the Monthly Meeting of Council held on 12th May, 2003. 2. Ceisteanna fé Bhuan Ordú Uimhir 16. 3. Monthly Financial Statement circulated in accordance with the Local Government Act 2001. PAGE 4. Report of the Dublin City Manager in compliance with Section 138 of the Local Government Act 2001 informing the Council of works which are about to commence and in compliance with the Planning & Development Regulations, 2001 Part 8: (a) Report No. 180/2003 – Construction of a 2 storey block, comprising of 7 no. retail units, 2 of which are "take-away" and a community room at ground floor level and 7 no. residential units and 1 no. office at first floor level on the Darndale Belcamp Link Road between Belcamp Green and Belcamp Grove (opposite the existing Darndale Village Centre). (b) Report No188/2003 – Refurbishment and conversion of existing 2-storey residential blocks containing 24 bedsit /studio apartments at Garden Court, Francis St., Dublin 8 into 16 onebedroom apartments. (c) Report No 206/2003 - proposes the following mixed use development on lands at the junction of James Joyce Street/ Foley Street, 14/15 James Joyce Street and the west end of Liberty (Foley) Park, Dublin 1. 5. To appoint a suitable person as Member of the City Council to replace former Councillor Sandra Geraghty, resigned. 6. To nominate suitable Member(s) of Dublin City Council to the following Boards/Committees to replace former Councillor Sandra Geraghty; Economic Development Planning & European Affairs SPC Four Dublin Local Authorities on Taxi/Hackney Services Dublin Regional Authority 7. To nominate suitable Members of the City Council to the following Committees to replace Councillor Brendan Carr resigned; Financial Development & General Strategic Policy Committee Protocol and Selection Committee. 8. To nominate suitable Member of the City Council to the Four Dublin Local Authorities on Taxi and Hackney Services to replace Councillor Eric Byrne resigned. MIONTUARISCÍ GIORRAITHE 9. Report No. 190/2003 of the Financial Development and General Strategic Policy Committee – Breviate of meeting held on 22nd May, 2003. Alderman Michael Donnelly, Chairperson 10. Report No. 177/2003 of the Environment and Engineering Strategic Policy Committee – Breviate of Meeting held on 12th May, 2003. Councillor Niamh Cosgrave, Chairperson 11. 12. Report No. 189/2003 of the Economic Development, Planning & European Affairs Strategic Policy Committee – Breviate of meeting held on 27th May, 2003 Councillor Mary Freehill, Chairperson Report no. 178/2003 of the Central Area Committee – Breviate for the month of May, 2003. Alderman Maurice Ahern, Vice-Chairperson 13. Report No. 173/2003 of the South East Area Committee – Breviate for month of May, 2003. Councillor Mary Freehill, Chairperson 14. Report No. 187/2003 of the South Central Area Committee – Breviate for month of May, 2003. Councillor Eric Byrne, Chairperson. 15. Report No. 186/2003 of the North Central Area Committee – Breviate for the month of May, 2003. Councillor Gerry Breen, Chairperson 16. Report No. 175/2003 of the North West Area Committee – Breviate for the month of May, 2003. Councillor Eamonn O’Brien, Chairperson 17. Report No. 210/2003 of the Protocol and Selection Committee – Breviate for the month of May, 2003. Councillor Eamonn O’Brien, Chairperson TUARASCÁLACHA LE BREATHNÚ 18. Report No. 181/2003 - Report of the Assistant City Manager (S Carey) - Special Planning Control Scheme for O'Connell Street Architectural Conservation Area. 19. Report No. 184/2003 of the Director of Traffic and Assistant City Manager (O. Keegan) - With reference to a proposal to make byelaws entitled “Dublin Appointed Stands (Street Service Vehicles) Bye-Laws 2003.” 20. Report 192/2003 of the Protocol and Selection Committee – Amendment of Standing Orders in relation to Emergency Motions. 21. Report 191/2003 of the Dublin City Manager (J Fitzgerald) – with reference to long term borrowing requirement to finance the Capital Expenditure Programme. 22. Report No. 168/2003 – Report of the Assistant City Manager (S Carey) - Continuation of named structures in the Record of Protected Structures under Section 38 of the Local Government (Planning and Development) Act 1999. 23. Report No. 179/2003 – Report of the Executive Manager (D. Wallace) - with reference to the proposed extinguishment of the Public Right of Way through pedestrian walkway from Woodview Close, Donaghmede to Grange Road (main road) Donaghmede, Dublin 13. 24. Report No. 183/2003 – Report of the Executive Manager (M Stubbs) with reference to the proposed extinguishment of the Public Right of Way over Albert Place West (part of) Adelaide Road, Dublin 2. 25. Report No. 207/2003 – Report of the Executive Manager (G Power) with reference to the proposed extinguishment of the Public Right of Way over the laneway to the rear of Nos. 1-20 Dufferin Avenue, 21-27 Wolseley Street, and 216-228 South Circular Road, Dublin 8. 26. Report No. 209/2003 – Report off the Executive Manager (P Maloney) – with reference to the proposed extinguishment of the Public Rights of Way over Liberty Corner, Dublin 1 27. Proposed disposals of property: (a) Report No. 172/2003 of Executive Manager (J. O’Connor) – With reference to the disposal of the fee simple interest under the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 in 44 premises. (b) Report No. 171/2003 of the Executive Manager (M Kavanagh) – With reference to the proposed disposal of the fee simple in a site at Baldoyle Industrial Estate, Dublin 13 to Catering Equipment & Engineering Services Ltd. c/o Grainne Griffith & Co. Solicitors, 2 Woodfall House, Watermill Road, Raheny, Dublin 5 (c) Report No. 176/2003 of the Assistant City Manager (C. Murray) - With reference to the proposed disposal of 39 units and a day centre at Coultry 1b site, to HAIL Voluntary Housing Association, (Housing Association for integrated Living Ltd), Shamrock Chambers, 59/51 Dame Street, Dublin 2. (d) Report No. 182/2003 of the Assistant City Manager (S. Carey_ - With further reference to the proposed disposal of a site at Fonthill Road Dublin 22 to Aldi. Stores Ireland Limited, Carman Hall Sandyford Industrial Estate, Sandyford, Dublin 18 (e) Report No. 185/2003 of the Assistant City Manager (S.Carey) - With further reference to the disposal of land at Fonthill Road Dublin 22 to Green Property Plc. Styne House Upper Hatch Street, Dublin 2 (f) (g) Report No. 193/2003 of the Assistant City Manager (S. Carey) - With further reference to the proposed disposal of Nos. 4,5,6 Ardee Street, Dublin 8 including a site at the rear to Abelonne Ltd. (c/o Butler Contractors Ltd, Kylemore Road, Bluebell, Dublin 12). . Report No. 194/2003 of the Executive Manager (M. Kavanagh) - With reference to the proposed disposal in Fee Simple of a site for a substation at Griffith Avenue Extension, Finglas, Dublin 11 to the Electricity Supply Board, Lower Fitzwilliam Street, Dublin 2 (h) Report No. 195/2003 of the Executive Manager (M. Kavanagh) - With reference to the proposed disposal of a plot of ground at the rear of No. 181 Parnell Street to Maurice Ahern, c/o Twomey Scott & Company, Solicitors, 56 O’Connell Street, Limerick (i) Report No.196/2003 of the Assistant City Manager (S. Carey ) - With reference to the proposed disposal in fee simple of a site at corner of Albert Place West and Harcourt Lane, Dublin 2 to Mr.Raymond Reilly, c/o Alcove Properties, Iveagh Court, Harcourt Road, Dublin 2. (j) Report No. 197/2003 of Assistant City Manager ( S. Carey) – With reference to the proposed disposal of No. 40 New Cabra Road to Kenneth Garland, c/o James P O’Neill Solicitors, Lindos, Mount Venus Road, Rathfarnham, Dublin 16. (k) Report No. 198/2003 of the Assistant City Manager (S. Carey ) - With reference to the proposed disposal of a site at Reuben Street / Dolphin’s Barn Street, Dublin 8 to Mr Christopher Finneran, Findore House, Corbawn Lane, Shankill, Co.Dublin. (l) Report No. 199/2003 of the Assistant City Manager (S. Carey) - With reference to the proposed disposal of a site at The Coombe, Dublin 8 to Mr John McDonald, Leland Enterprises Limited, Taney Hall, Eglington Terrace, Dundrum, Dublin 14. (m) Report No. 200/2003 of the Assistant City Manager (S. Carey) - With further reference to the proposed disposal of lands comprising the Iveagh Market, 20 – 27 Francis Street and 8 Lamb Alley, Dublin 8 to Mr. Martin Keane, 9/10/11 Cambridge Road, Rathmines, Dublin 6. (n) Report No. 201/2003 of the Executive Manager (M Kavanagh) – With reference to the proposed disposal of a site at School Street, Dublin 8 to School Street & Thomas Court Bawn Family Resource Centre Limited, 22/23 School Street Dublin 8 (o) Report No. 202/2003 of the Executive Manager ( M Kavanagh) - With further reference to the proposed exchange of property at Claddagh Green, Ballyfermot, Dublin 10 with Mr. Kevin Doyle, 76 Kew Park, Luan, Co. Dublin (p) Report No. 203/2003 of the Assistant City Manager (S.Carey) - With further reference to the proposed disposal of a site (formerly 89 Cork Street) to Colm Lydon, c/o Denis I Finn & Co. Solicitors, 5 Lower Hatch Street, Dublin 2. (q) Report No. 204/2003 of the Assistant City Manager (S.Carey) - With further reference to the disposal of private dwelling units at Cedar Brook, Cherry Orchard, Dublin 10. (r) Report No. 205/2003 of the Assistant City Manager (S. Carey) - With further reference to the proposed disposal of private units for the Shared Ownership Scheme at Cedar Brook, Cherry Orchard, Dublin 10. (s) Report No. 208/2003 of the Executive Manager (M. Kavanagh) - With reference to the proposed disposal of the former shelter at Clontarf Promenade as Tea Rooms to Mundham 2002 Limited, 54 Church Street, Howth, Co Dublin (In compliance with Section 183 of the Local Government Act, 2001 copies of Report Nos. 171,172, 176, 182,185,193,194, 195,196,197,198,199, 200, 201, 202, 203, 204, 205 and 208/2003, were sent to every member of Council on the 29th May, 2003) LITREACHA 28. Letter dated 1st May, 2003 from the Minister for Justice and Law Reform concerning a motion passed at a meeting of Dublin City Council held on 3rd February calling on the Minister for Justice to “bring forward new legislation in relation to the sale of knives in Dublin City, giving the amount of deaths in Dublin re: knife attacks.” FÓGRAÍ TAIRSCINTÍ 29. COUNCILLOR TOMMY BROUGHAN That this City Council deplores the cutbacks in the Community Employment and Job Initiative programmes and the moratorium in the Social Economy programmes which are devastating vital community projects and infrastructure in Dublin City. 30. COUNCILLOR VINCENT JACKSON That Dublin City Council ensures that the Ballyfermot Leisure, Swimming and Sports Development in the Lawns Park commence in early 2003. This project is the centrepiece of reclaiming the Lawns Park for the people of Ballyfermot. 31. COUNCILLOR GERRY BREEN That the Council draws up a long-term strategic plan for Dublin Bay with a full recognition of both the amenity and tourism potential of the Bay. 32. ALDERMAN MICHAEL CONAGHAN City Council agrees that a meeting with the new Minister for Transport and Iarnród Eireann be held as a matter of urgency to reiterate the case for the inclusion of Inchicore and Ballyfermot in the planned new Suburban rail services to the west of Dublin etc. known as the Kildare Route Project. 33. COUNCILLOR DEIRDRE HENEY That the stretch of roadway along the Clontarf Road from Alfie Byrne Road up to the junction with the Malahide Road be examined with a view to installing an additional lane or other measure for city bound traffic as presently a false queue develops with traffic turning right onto Malahide Road causing a tailback thus preventing traffic from driving straight through 34. COUNCILLOR SHEILA GALLOGLY That this City Council recognising the international importance of the Special Olympics 2003, calls for the immediate granting of finance to improve the general appearance of the Santry Village area. 35. COUNCILLOR TOMMY BROUGHAN That the Manager will report on a programme of greatly enhanced street lighting to deter anti-social behavior in the parishes of Bonnybrook, Priorswood, Darndale – Belcamp. Ayrfield, Donaghmede, Kilbarrack, Edenmore and Raheny and will provide funding for this. 36. COUNCILLOR JOE COSTELLO That Manager list the contractors who carry out the work on the disabled persons' extensions and essential repairs and to list the number of jobs allocated to each contractor. 37. COUNCILLOR CHRIS ANDREWS That this City Council calls on the Minister for Health to initiate a ban on T.V. advertisements for high sugar and high fat food products in the interests of public health. 38. ALDERMAN MICHAEL DONNELLY That Dublin City Council organises suitable celebratory and reflective events in 2004 on the occasion of the centenary of the first Bloomsday, 16th June 2004. 39. COUNCILLOR GERRY BREEN That this Council requests the Minister for the Environment to impose an environmental tax on all non-biodegradable chewing gum products. 40. COUNCILLOR JOHN GALLAGHER We call on the City Manager to sell B1 (junction of Coombe/ St Lukes Avenue, adjacent to St. Lukes Church) immediately to the Department of Education and Sciences at a rate that will facilitate it’s purchase (by the DES ) for a school in the community. 41. COUNCILLOR MARY FREEHILL That Dublin City Council condemns the decision of the Minister for Education and Science to impose an increase of 69% in the registration charge for third level students; notes that the Higher Education Authority had sought only a 7% increase in registration charges; that on 14th May last his own Department was predicting an increase of just 6%, and that the huge increase was imposed as a direct consequence of the memo issued by the Minister for Finance demanding cuts. This Council considers the Minister’s decision to introduce an unwarranted and unnecessary increase to be a Government cutback in education funding; believes that the increase will create severe hardship for many students and their families and will further limit access to third level education. This Council therefore demands the immediate reversal of the 69% registration charge increase; strongly condemns the repeated threat by the Minister for Education and Science to reintroduce third level fees, a move which would be socially regressive and which would place further difficulties in the way of many students hoping to enter third level; calls on the Minister to implement, without further delay, the recommendations of the Report of the action group on access to Third Level Education. 42. COUNCILLOR LARRY O’TOOLE That this City Council urges the Taoiseach and the Irish Government to recognise the exclusion of Irish Citizens resident in the six counties from exercising their right to participate in Presidential Elections and calls on the government to bring forward the necessary legislation to allow them to vote in elections for the Office of President of Ireland 43. ALDERMAN MICHAEL CONAGHAN City Council agrees that the old playground space (now hard surface football pitches) adjacent to Kylemore Avenue be upgraded in accordance with the broad agreement arrived at (on-site) in summer ’02 between City Council staff, Local Residents Representatives and Public Representatives. 44. COUNCILLOR CLAIRE WHEELER That this City Council requests the Manager to investigate the feasibility of acquiring the former I.G.B works in Ringsend and running it either as a glass bottle factory or as a processing facility for glass. 45. COUNCILLOR DEIRDRE HENEY That the Manager report fully on the Essential Repair Grant Scheme and Disabled Persons Grant Scheme and recent changes therein. 46. COUNCILLOR TONY TAAFFE Bearing in mind the considerable political advances that have been achieved by both sides of the political divide this City Council would encourage and support the opening of dialog between the F.A.I. and I.F.A. with a view to both bodies mutually acquiring from their own ranks and subsequently from each other as to whether there is any reasonable support for or prospect of an affiliation of the two associations. The terms of this motion if agreed to be communicated to both associations. 47. COUNCILLOR DESSIE ELLIS This Council calls on the City Manager to continue the household junk collection as it has been a necessary means to remove unwanted items for those that can least afford it. 48. LORD MAYOR COUNCILLOR DERMOT LACEY AND COUNCILLOR KEVIN HUMPHREYS That Dublin City Council adopts a zero waste management policy with no thermal treatment of waste and amends its waste management plan accordingly. 49. COUNCILLOR NICKY KEHOE That this Council calls on the Government to continue with it’s work programme to issue Medical cards to low income families. 50. COUNCILLOR NICKY KEHOE That this City Council calls on the Minister of Environment to release funding to Dublin City Council to continue with its central heating programme to City Council tenants and old age pensioners 51. COUNCILLOR NICKY KEHOE That this City Council calls on the Minister for Health to finance and find long term convalescing for the elderly people who are long term patients in the Mater Hospital which is one of the main cause for the shortage of beds. 52. COUNCILLOR JOE COSTELLO That double yellow lines be installed without delay on the West side of Primrose Street, Dublin 7. 53. COUNCILLOR TOMMY BROUGHAN That the Manager will take urgent action to ensure that Clare Hall Estate, Dublin 17 is taken in charge without further delay (as agreed by Motion of this City Council almost two years ago) and that he will indicate what if any works now remain to be done. 54. COUNCILLOR SEAN KENNY Dublin City Council calls on the City Manager to provide a report to each Area Committee outlining the impact of the planning enforcement measures of the Planning Act 2000. The report should also address the recent Ombudsman’s Report in relation to planning enforcement by local authorities. 55. COUNCILLOR LARRY O’TOOLE To commemorate what was arguably the most important historical event in the development of Irish Trade Unionism and a key event in the history of this city, Council agrees to appropriately mark the ninetieth anniversary of the 1913 Lockout. 56. LORD MAYOR, COUNCILLOR DERMOT LACEY That no vehicle shall be clamped or penalised for non-payment of the due parking tariff in any authorised parking place where there is not at the particular parking place a working Ticket Machine within line -of-sight and within 50 metres. 57. COUNCILLOR CLAIRE WHEELER That this City Council agrees to attempt to find the necessary funding (approx 8000 Euro) to cover the shortfall in bringing the Leonardo Da Vinci tercentinary exhibition to Dublin. 58. COUNCILLOR JOE COSTELLO To ask the City Manager to state what steps were taken to implement the terms of a Motion on Fair Trade adopted by the City Council last year. 59. COUNCILLOR FINIAN MCGRATH Dublin City Council demands immediate repair of the yield right of way signs in the Haverty Road and Carlton Road Area, Dublin 3. 60. COUNCILLOR FINIAN MCGRATH Dublin City Council demands the removal of all dangerous glass on Brian Avenue, Dublin 3. 61. COUNCILLOR GERRY BREEN That this Council recommends to the Government that the provision and the wearing of seat belts be made compulsory in future on public buses. 62. COUNCILLOR JOHN GALLAGHER That this Council establish yearly awards to recognise the important work carried out by Volunteers in local communities. 63. ALDERMAN GAY MITCHELL That this City Council instructs the City Manager to produce a report on traffic calming measures that can be introduced on Lower Kimmage Road Dublin 6W taking into account the concerns of the residents. 64. ALDERMAN GAY MITCHELL That this meeting of City Council instructs the City Manager to immediately sell site B1 (at the junction of St. Lukes Avenue and the Coombe, adjacent to St. Brigid’s National School) to the Department of Education and Science at a rate that will facilitate its purchase foe use by the school community. 65. COUNCILLOR VINCENT JACKSON That Ballyfermot Library be upgraded and repainted so as to ensure it is brought up to a high standard of decoration. 66. COUNCILLOR VINCENT JACKSON That Dublin City Council calls upon the Government to ban aluminium cans and PET bottles and to bring in legislation to ensure all containers are made of glass and refundable/recyclable. 67. COUNCILLOR LARRY O’TOOLE To ask the City Manager would he stop the current sale of the site adjacent to St Brigid's School, The Coombe, Dublin 8 and enter into negotiation with the Department of Education to dispose of the site to them at a reasonable price, so as to facilitate the building of a new school and yard to replace the existing dilapidated primary school. 68. COUNCILLOR ROISIN SHORTHALL That the City Manager report on the circumstances surrounding a serious incident on 9th May last at Balcurris Road, Ballymun involving a gas pipeline blaze, to include details of why a live gasline was exposed, if another adjacent live mains was exposed, the body responsible for health and safety adherence in this case and the cost of dealing with this incident and that he make a full statement on the matter. 69. COUNCILLOR ROISIN SHORTHALL That the City Manager provide this Councillor with details of all traffic surveys carried out at Glasnevin Avenue, west of the roundabout, which resulted in a long-running request for a pedestrian crossing being turned down and that he confirm that this request will be included in the East Finglas Traffic calming scheme. 70. COUNCILLOR ROISIN SHORTHALL That the City Manager report on the reason for the delay in lodging for planning permission for the proposed new shopping centre in Ballymun, that he outline if any outstanding issues have been addressed by BRL and Dublin City Council; and that he further outline if difficulties in either organisation were responsible for the delay and when it is now expected that the planning application will be lodged. 71. COUNCILLOR RICHARD BRUTON That this City Council receives a report on the detailed planning evaluation criteria applied by Dublin City Council in respect of applications for aerials in built-up areas; if he will indicate what sanctions apply where operators of aerials fail to submit a fresh planning application in advance of the period when their original application expires, and if he will outline the planning history on the site behind the E.S.B. shop on the Malahide Road, Artane and the extent to which it meets the criteria set out by Dublin City Council. 72. COUNCILLOR RICHARD BRUTON I that this City Council make arrangement to undertake a blitz clean up initiative in Kilmore West which would embrace: Removal of side weeds Repair footpaths or damaged road surfaces A full maintenance operation on the green areas, shrubs surrounds and borders Removal of Graffiti Renewal of road markings such as those outside the school And that the success of the pilot scheme be evaluated with a view to applying this approach in other parts of the city. 73. COUNCILLOR RICHARD BRUTON That this Council resolves that a thorough clean up of the green area that lies between Wades Avenue and All Saints Park be undertaken by the Parks Department at the earliest possible opportunity. Kevin Dowling Bainisteoir Feidhmiúcháin An Ché Adhmaid Baile Átha Claith 8 4 Meitheamh 2003