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Minutes1985FIRST MEETING COMMITTEE OF THE WHOLE Committee Room #1 January 7, 1985 Council met on Monday, January 7th, 1985 at 7:00 p.m. in Committee of the Whole. All members of Council were present with the exception of Aldermen Baker, Kerrio, and Puttick. Alderman Orr presided as Chairman. Following consideration of arose without reporting. the Committee of the Whole READ AND ~D~OPT~D, S. SMEATON Council Chambers January 7, 1985 Council met on Monday, January 7th, 1985 at 7:30 p.m. for the purpose of considering regular business. All members of Council were present with the exception of Aldermen Baker, Kerrio, and Puttick. His Worship Mayor Smeaton presided as Chairman. Alderman Janvary offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the minutes of the meeting held December 17th, 1984, be adopted as printed. Carried Unanimously. PRESENTATIONS ACHIEVEMENT AWARD - ROBBIE FORTUNA His Worship Mayor Smeaton presented Robbie Fortuna with an Achievement Award in recognition of his attaining 'the Ontario Senior Boxing Championship Award. The Provincial contest was held recently in Toronto and Robbie Fortuna competed in the 125 lb. class. Mayor Smeaton advised that if successful in the upcoming box-off, Robbie Fortuna will advance to the Canadian Senior Championships in Medicine Hat, Alberta. Mayor Smeaton extended congratulations and best wishes in future efforts to Robhie. ACHIEVEMENT AWARD - JOHN DEGAZIO His Worship Mayor Smeaton offered congratulations to John DeGazio, Robbie Fortuna's Coach,' and presented him with an Achievement Award on behalf of the City of Niagara Falls. Mayor Smeaton advised that M~. DeGazio had founded and has been running the Niagara Falls Boxing Club for the past several years. 1984 YEAR END REPORT - MAYOR SMEATON His Worship Mayor Smaaton presented his 1984 Year End Report: I am sure that the,passing of another year gave rise to some reflection in our personal lives as to what 1985 will bring. Indeed we stand at the gateway of a New Year and as Mayor I think that it is an appropriate timeto reflect on Council's stewardship during the past year and some of our plans for the new. It is appropriate too that I share these thoughts with all the citizens of our City. During the 1984 mayoralty campaign I said that I was seeking the office of Mayor because I believe that Niagara Falls is a great City with a great future and that I wanted to be a part of that future and perhaps in some way shape it. -2 - The experience gained during the past ten months in office has more than reinforced this belief and I ampleased that our progress during 1984 has been most definite- Upon reflection, I am convinced that one single factor has had a major 'l impact in bringing many of the proposed projects that this Council has under- taken to a successful conclusion: I speak of the spirit of co-operation shown by the members of Council- Without this dedication to a common purpose many of our accomplishments would not have been achieved- It is most encouraging to me personally that members of Council recognize their role as part of a unit rather than individuals attempting to obtain personal goals- I stressed the team approach in my inaugural address and I know that we have achieved this- Continuing achievements are guaranteed to follow this year as long as we continue to function as a unit- As I'look around this Council table, I see men and women dedicated to their community~"ea~h-bringing to these Chambers individual skills and inde- pendent thinking which has given me much good counsel and advice during the past year- Alderman Cheesman, as Chairman of our Finance Con~nittee, has been a solid, clear thinking guide in our budget deliberations and in the steering of all our financial administration- I would be most pleased if you would agree to con- tinue as Chairman of our Finance Committee in 1985. May I formally request that you consider that undertaking- Alderman Cummings, Council's Acting Mayor in January and February, has been a driving force in this City's Recreational facility and program devel- opment- I salute you for the work you have done and my personal thanks for your assistance- Alderman Hinsperger has brought the concerns of his Chippawa Ward residents to us and his business management skills have assisted all Niagara Falls residents through his Council work- Alderman Keighan, our senior member, former Mayor and, I am pleased to say, my good friend and advisor; I thank you for all your help to me personally and for the sharing of your great wealth of political experience with all members of Council. Chippawa Ward representative Alderman Baker has served his Ward and this Council well and has personally offered his assistance regularly and has re- presented me well in public. My personal thanks to you. Alderman Janvary, I can safely describe as tireless and totally dedicated to helping others in our community- You have always been willing to assist me with my personal duties and I am most appreciative of this. An examination of the previous year would not be complete without special reference to the excel- lent job performed by Alderman Janvary and her Bicentennial Committee- Paisley very graciously accepted this challenge during the latter part of 1983 and together with her supporters did a most commendable job. Our Bicentennial will be long remembered because of their efforts and we do sincerely thank them for their hard work. Alderman Merrett has served as Chairman of our Municipal Parking & Traffic Committee and has given our Council much time and dedication. I personally thank you for your assistance, especially with local and industrial concerns and the People Mover deliberations. I would be very pleased if you would con- sider continuing in 1985 as Chairman of the Parking and Traffic Committee. Alderman Orr has acted as. Chairman of our Downtown Revitalization. Steering Committee and has indeed bee~-,a key player in our City's review of the downtown core development- I have been fortunate as Mayor to have her firsthand knowledge of this part of our City available to me. I would be pleased indeed if you would consider continuing as Chairman of the Downtown Revitalization Steering Committee during 1985. -3 - Alderman Puttick is an experienced and challenging voice - always active and, I believe, totally dedicated to the service of this City. My thanks to him for his involvement and assistance this past year. Alderman Coville has been a tower of strength to me and this community as Chairman of the Hazardous Waste Steering Committee. Totally dedicated, you have represented our most distant rural Ward very well indeed and your service to all the citizens of Niagara Falls is much appreciated. May ~ formally request that you stay as Chairman of the Hazardous Waste Steering Committee as we continue with our opposition to the location of a hazardous waste facility in the Niagara Falls area- Alderman Kerrio has served as Chairman of our Municipal Works Committee and in that post has brought his firsthand knowledge of municipalworks to our Council. His private sector experience in this area has been most beneficial to me and I would very much appreciate it if you would continue your service in the post as Chairman of the Municipal Works Committee. Thank you very much for your assist- ance during 1984. I believe that Alderman SomerVille is truly representative of agood rural Municipal Councillor. He understands the need of all our citizens but,.most importantly, he brings the concerns'of the rural citizens to us with clarity and understanding- Thank you for your help during the past year. When I assumed the office of Mayor in March of the past year, I did so with much enthusiasm and a realistic'amount of cautious optimism. I am pleased to report that our accomplishments have equalled my expectations- 1984 will be remembered as a year in which Council was faced with major decisions; decisions which required "intestinal fortitude". Many, such as our decision to question the possible location of the O.W.M.C. hazardous waste disposal site here, were, in a word, agonizing. I believe this one matter alone epitomizes the nature and complexity of the challenges we faced; challenges not easily met, and challenges which in many cases resulted in decisions affecting future generations. Our decision on this matter reflects a belief that no stone be left unturned in our search for answers to our many concerns; and Council is saying to present and future generations that their protection is of paranount concern. The quality of the air we breathe and the water we drink is equal in importance" to world.peace, and failure to resolve all our concerns in that area would, in my opinion, be a complete abdication of our responsibility. It would be a sad commentary indeed if future generations should face major environmental problems because of our lack 'of interest and involvement. If the concerns raised with respect to the location of a hazardous waste disposal site can be properly resolved before a decision is reached, then any money we have allocated for this purpose will have been well Spent and an excellent investment in our future. In my opinion, we do not have a choice in this matter, only an obligation. Certainly included in those difficult challenges facing Council during 1984 were the problems arising through the implementation of Market Value Based ~ Assessment. Again, there was no simple answer or easy solution to a'rather complex situation. Coun~i~ could have turned its back but rather chose to face the issue and at least attempt to resolve the inequities in taxation regardless of the unpopular feeling raised at the time. Recognizing the.major impact of the change, particularly 'to certain industries, the 'Council authorized negotia- tions with the Minister of Revenue, Honourable Bud Gregory. Partially because of the concerns expressed through Council, special legislation will be introduced to grant tax relief for specified operations. In addition, in order to lessen major tax adjustments, the Council authorized the use of Section 363 of the Municipal Act to provide relief where the tax increases arising through re- assessment'were unduly burdensome. Again, I believe this willingness to face contentious or complex issues has been instrumental in our achievements. ~mong our accomplishments, the initiation of Phase I of the Downtown Revitalization project under the Commercial Area Improvement Program ranks of major importance. With partial funding available through the Province, we hope to breathe new life into the Queen Street area and I are informed that the effect is already becoming evident. Under the G.A.I.P. Program hard services such as -4 - watermains and roadways that were included in our long range plans were able to be advanced in time to~take~'~advant~ge~°f~ government subsidy and low interest loans. It is encouraging to note that other areas are now considering the establishsent of business improvement areas in order to implement self-help programs- Under the proposed C.A.I.P- #3 proposal for the Clifton Hill Business District, Regional Niagara will reconstruct the roadway; the City will replace underground services while the businesses in the area have indicated a desire to contribute to aesthetic improvements and to undertake the repayment of the annual- loan charges. This program is an excellent example of government working with the private sector in order to benefit the entire community- Support of our business areas produces a stronger tax base from which every ratepayer derives benefit- It is also encouraging to note the willingness of the business community itself to become a financial partner in projects initiated under the C.A.I.P. Program. tit ' obligation to resolve the concerns of all its Recognizing the y s ratepayers, I decided at the beginning of my term to meet with our major food processing industries to determine the impact of control orders placed upon them to improve their industrial waste. As you are aware, earlier this year eight of our food and beverage processing industr. ies received an order from the Reglon pertaining to the high organic loadlugs in their waste during peak periods- The control order stipulated that the affected industries would have to submit an engineering proposal by the end of 1984 to suggest corrective measures for this problem. In addition, the industries would be given until 1990 to install the required pollution control equipment- I immediately instituted a series of meetings to determine the effect of the control order. It became apparent that without assistance, a number of industries would be forced to close down and leave the Gity if required to meet the control orders and we simply cannot afford to lose 200 or 300 jobs from this very important economic base. In searching for ways to assist, we were fortunate to discover a program known as the Community Economic Transformation Agreement. While the criteria for eligibility was quite broad, we were informed that emphasis would be placed on "private sector involvement" in Community Economic Transformation proposals. While many Municipalities made application for programs which would be of direct benefit to the Municipality, i.e., sewage, waterworks, etc., it was encouraging that this Municipality petitioned the Region for funding to assist these major industries. The application supported a total cost of some $3,000,000 for pollution controkequlpment, half of which might be made available through the Community Economic Transformation Agreement Program. The application was made on behalf of six firms having 478 employees and a total annual payroll in excess of $8,000,000. I commend Council on approving the application which I believe is tangible evidence of our support of the industry in our Municipality. Steady progress was made on our Tourism Niagara plans during 1984. In particular~ the efforts of the private sector are noteworthy. The critical parking shortage in the Clifton Hill area was partially met by the construction of 500 parking spaces on Welland Securities lands. A further 500 spaces are planned for the future. This major improvement will satisfy the initial recommendation in the Laamer-Fenco Study to add parking space in the north end. The private sector has also taken the initial steps suggested in the Study toward themed tourist areas. Clifton Hill, The Centre and Falls View are establishing business improvement areas which will allow improvement to proceed leading to distinctly themed areas. Improved marketing ability and tourist guidance will result. The Niagara Parks Commission has completed the construction of nearly 1,000 parking spaces at the south end of Queen Victoria Park. This work was also recommended in the Tourism Niagara Study and will improve the length of stay of tourists in Niagara Palls. The interim People-Mover System of the Commission will be operative in this the Centennial Year of the+Niagara Parks Commission. I firmly believe that this Municipality would be richly benefited. lb~?a~ major People-Mover System running through the entire tourism section of our community. For this reason, I reformulated the Tourism Niagara People Mover Steering Committee with representatives on said Board from the private tourism -5 - business sector, the Niagara Parks Commission, the Provincial Government and City Council. We met throughout 1984 and agreed on a plan which will decide the type of system which will best meet this City's needs. The consulting firm of Marshall, Macklin Monaghan has been engaged to assist us in this decision. This work will be completed in early spring. Sharing in the cost for this study are the tourist industry, the Provincial Ministry of Tourism and the City. The Federal Government has also been briefed on our plans through the Ministers responsible for Tourism and Transportation. There is a considerable interest at both the Federal and Provincial levels, and no doubt that we are moving toward an even stronger tourist industry in our City- In measuring the accomplishments of the Municipality, one must be careful not to necessarily use the provision of physical assets alone as an accurate guage. In many respects the Municipality is a service agency trying to meet all the needs of its citizens. Here again, there are encouraging signs that the Municipality is not willing to be bound by convention and we have entered areas beyond Municipal jurisdiction seeking change not for change's sake alone but rather to provide a better level of service to all our inhabitants. Certainly'one of the greatest problems we all face is that of high unemployment and I have continued to offer the services of my office and the Municipality by meeting with representatives of unemployed workers, representatives of the construction industry and anyone who may be able to provide some assistance in resolving this major concern. I have said on many occasions that having to deal with the problem of unemployment has been perhaps the most frustrating in my tenure of office. While I realize it is a global problem, it does not help to resolve the disappointment I share with those who are willing to work but unable to find gainful employment. I shall continue to assist in any way possible those who seek help 'in finding jobs, and I know Council shares my concerns in this area. Of ongoing concern are the problems that the Municipality is facing with respect to prostitution on our streets and I am optimistic that a solution to the problem may be closer than ever before. During the past year, I met with Honourable R. Roy McMurtry, Ontario's Attorney General, who authorized Staff from his department to conduct a personal investigation of the problem as it relates to Niagara Falls. I have had excellent co-operation from Mr. Rob Nicholson, M.P., on this matter and it is my hope that the necessary amend- ments to the Criminal Code will be made in the near future. It is my intention to travel to Ottawa this winter to meet with the Solicitor General regarding this matter. Included in the social matters that have been successfully concluded during the past year, one must include the Gity's success with respect to the estab- lishment of Group Homes in residential areas of the City. The enactment of the Group Homes By-law for the City of Niagara Falls in August, 1984 concluded approximately four years of study by the City!s Planning Department and the Social Planning Council and countless public hearings and meetings. Confirma- tion of the Gity's interest and concerns in the matter of Group Homes was further reflected in Regional Countlies endorsation of the Group Home Policy during the past month. ~l Shortly after assuming the office as your Mayor, I met with City officials to discuss the adv{sability of a revised emergency plan for the City. In conjunction with the implementation of that plan, I artended an Emergency Readiness Program for elected officials at Arnprior, Ontario. Emergency planning is somewhat unique in that it is our sincere hope that it might never be needed. However, llke insurance~ one simply cannot afford to be without it. We now have a Revised Emergency Plan which I believe is second to none in the Province and which is being used as a model elsewhere. Under the direction of Fire Chief KempJ I believe we have an adequate plan to handle emergencies should they arise. Since the adoption of the new Emergency Plan, I have had at least one occasion to evidence how well our services are orchestrated in the event of an emergency. Quite recently, the City received its Five-Year Recreation Plan. This together with the Community Improvement Policy Study will provide the Gity with -6- appropriate guidelines and Official Plan Amendments for undertaking future community improvement activities. Both these documents will be instrumental in that we have the benefit of a predetermined policy for the provision of hard and soft services throughout the Municipality, these services to be provided to those areas having the greatest need of improvement. With respect to the recreational facilities in particular, I am very pleased that Council exhibited considerable foresight in authorizing the demolition of the former stands at Oakes Park and will proceed this year with the erection of new facilities. ~l]is action alone has, I believe, guaranteed the continuance of the N.H.L. Slo Pitch Tournament in our Municipality and will open the doors for other recreational activities. A new Inter-County Baseball League will also use the Oakes Park facility. I am very pleased that this new sports entertainment will be available for our citizens. Symbolic of previously unfinished items that were resolved during the past year was the demolition of the Portage Road bridge by Regional Niagara during the past month. My thanks to the Region for their co-operation and support. While I have attempted to touch on just a few of those matters considered by the 1984 Council, I should stress very strongly that they are highlights only. We are very fortunate in this City that we have so many people willing and able to make a contribution and I speak particularly of those people who serve on our Boards, Commissions and Committees. Our Library facilities and their administra- tion are second to none and the recently completed Chippawa addition is a credit to all those who played a part in its establishment. The recreation programs for the youth of our community are such that no youngster can legitimately lay claim to having "nothing to do". Agencies such as the Social Planning Council are ready and willing to ~ccept any task that is asked of them. During the past year, I was exceptionally pleased with the high level of co-operation received from our Provincial and Federal representatives. Mr. Kerrio has been a very valuable asset in opening doors at Queen's Park as he is very much respected by all members of the Legislative Assembly. It has been my policy to include him in all representations made to the Provincial Government and this policy has worked to our benefit. In the same manner, I am involving Mr. Nicholson in matters of Federal concern. They are indeed our representatives and must be a part of our negotiations with the levels of government they represent. As mentioned at the outset, I believe it has been a good year and there are some encouraging signs for the future. I fully recognize that these accomplishments were not achieved in isolation but rather because we work together with our Staff in a collective effort. As I drive around I am encour- aged by the number of new buildings I see being erected, new commercial build- ings, new hotels, yes, and even new houses, which are all evidence of the confidence the ratepayers have in our City. We have come through some poor years but I believe the increase in construction, gradual as it may be, is in reality a positive sign for the future. In looking ahead to 1985, I would be remies if I did not solicit the co-operation of each and every ratepayer to meet the challenge that lies ahead. We in the City of Niagara Falls do not live in isolation. We are affected by inflation, unemployment, etc., as is the rest of our nation. These factors present a challenge to us. 1985 will bring many challenges with it, the greatest probably will be to continue to provide an acceptable level of service at a reasonable cost to our ratepayers. In this respect, we need the co-operation of everyvcitizen. I pledge my very best efforts and I know I speak on behalf of all members of Council towards the provision of needed services at the lowest.possible cost. In our attempt to minimize the impact of taxation, we shall continue to look at the level of service provided in all areas. We have not added to our Staff complement during 1984 and I would hope that we would not increase Staff complements during this coming year, however, it is Senior Staff's duty to report through Mr. Collinson to Council any difficulties in maintaining acceptable levels of service without increased personnel. We do indeed as a Municipal Government have to work harder than ever before, Just as private industry to kee~ the cost of operations down. The public expects this extra effort from - 7 - us and I pledge as Mayor that we shall give it both as a Council and through our Staff- In closing, I wish to personally thank the members of our City Staff and all Municipal employees for the support they have given me during the past year, a very special thank you goes to Fir. Collinson and my Secretarial Staff. They have been most kind and most helpful. I appreciate their confidence and support. We do ~ndeed stand at the gateway of a New Year and I am reminded of the poem by Minnie Louise Haskins who, perhaps recognizing our human limitations, offered some good advice for all of us: "And I said to the man who stood at the gate of the year, 'give me a light that I may tread safely into the unknown' and he replied, 'go out into the darkness and p~t your hand into the hand of God. That shall be better than any light and safer than a known way."' Let us now proceed with caution yet with confidence and face the challenge of the New Year. My best wishes to all. ORDERED on the motion of Alderman Keighan, seconded by Alderman Hinsperger, that Mayor $meaton's 1984 Year End Report be included ~n the minutes Of.the meeting to be available for future reference- Carried Unanimously- UNFINISHED BUSINESS pARLIAMENTARY RESTAURANT - COMMUNICATION FROM MR.'ROB NICHOLSON,. M.P. Communication No. 1 - Rob Nicholson, M.P. - Re: parliamentary Restaurant- The communication attaches a co~y of the Auditor General's Report on the above mentioned for 1983-84, and advises that allfood prices ,n the restaurant will be increased effective 3anuarY. 1, 1985. ORDERED on the motion of Alderman Curamings, seconded by Alderman 0rr, that the communication be received ~nd filed. Carried Unanimously- RENAMING A CITY STREET "SOLIDARNOSC" - REPORT OF CHIEF ADMINISTRATIVE OFFICER Report No. 580(1984) - Chief Administrative Officer - Re: Letter from City of Hamilton on Renaming a City Street "Solidarnosc"- The report recommends that the information be received and filed and a copy be sent to the City of Hamilton for their information- ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be. received and adopted. Carried UnanimOusly- INTERNATIONAL YOUTH YEAR EMBLEM - REPORT OF CHIEF ADMINISTRATIVE OFFICER Report No. 1 - Chief Administrative Officer - Re: International Youth Year ]~nblem. The report recommends that Council authorize the printing of the International Youth Year emblem on City letterheads and envelopes for the year 1985. ORDERED on the motion of Alderman Orr, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. METROPOLITAN TORONTO ASSESSMENT - COMMUNICATION FROM MINISTER OF REVENUE Communication No. 2 - Honourable Bud Gregory~ Minister of Revenue - Re: Metropolitan Toronto Assessment. The cormnunication advises that Metropolitan Toronto is unique, unlike other Regional Municipalities, in that all areas of the City are 'on a common assessment base which dates back to 1954; its appor- tionment system contains no provisions for the use of equalization factors or the discounting of residential assessment; and that the area Municipalities will require.time to ad]ust to changes in the cost sharing arrangements in 1985 before considering whether to proceed to reas.sess on an in~ividual or Metro- wide basis. ORDERED on the motion of Alderman Cummings, seconded by Alderman 0rr J that the communication be received and filed. _Carried Unanimously. -8 - - 9 - COMMUNICATIONS No- 3 - Mrs. A. Gallo, 207 Troy Street, Mississauga - Re: Laneway between Ellen Avenue and MeGrail Avenue. The communication requests the assistance of Council in securing the 5 foot section of City-owned laneway at the rear right corner of her property which is presently being utilized by Mr. M. Crocco, 5574 MeGrail Avenue- The City Clerk discussed the problem and demonstrated the subject land with the aid of a projector, sketch and photograph. The Clerk advised that he had visited the site and reviewed the situation- He further advised that the property owners of lands adjacent to the laneway had previously been contacted in an attempt to sell the laneway, however, all owners had not been in agreement with the proposal- It was noted that one portion of the laneway had been sold to a commercial enterprise- Following further discussion it was moved by Alderman Cheesman, seconded by Alderman Orr, that the matter be referred to Staff to contact Mr. Crocco in an attempt to obtain the subject property for tits. Gallo, and report back. Carried Unanimously. No. 4 - Niagara Falls, Canada, Visitor & Convention Bureau - Re: Community Festival Concert - February 16, 1985. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Orr, seconded by Alderman Cheesman~ that the request of the Niagara Falls~ Canada, Visitor and Convention Bureau for a special occasion permit for the Festival of Lights "Community Festival" to be held on February 16th, 1985, at the Niagara Falls Memorial Arena, Niagara Falls,~ be approved subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Niagara District Health Unit, and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 5 - Harold T. Biggar, Chairman, Farmers of Park Street Market - Re: Financial assistance. The communication requests the assistance of Council in the form of a grant of $150.00 for advertising and promotion of the market. ORDERED on the motion of Alderman Chessman, seconded by Alderman 0rr, that the communication be referred to the Finance Committee for consideration- Carried Unanimously. No. 6 - Ministry of Transport - Re: Niagara District Airport Commission - Transport Canada's Vesting Policy. The communication attaches a letter addresse to Mr. Harry Schisler, Chairman of the Niagara District Airport Commission, and advises that the department is agreeable to the removal of all improvements at the end of the lease term- ORDERED on the motion of Alderman Coville, seconded by Alderman Merrett, that the communication be received and filed. Carried Unanimously. No. 7 - Mr. Michael Scordino - Re: Garbage Bin at Sylvia Place Market. The communication requests the consideration of Council in having the aforementioned garbage bin returned to its former position. ORDERED on the motion of Alderman 0rr, seconded by Alderman Somerville, that the communication be referred to Staff. Carried Unanimously. No. 8 - Regional Niagara Public Works Department - Re: (a) Niagara River Toxicsi Report & Environment Ontario Drinking Water Survey; (b) Water/Sewage Flows Monthly Report for November 1984. The communication attaches the following reports for the information of Council; (a) Niagara River Toxics Committee Report and Environment Ontario Drinking Water Survey - DEP-2126; (b) Water and S~wage Flows by Municipality Monthly Report for November 1984 DEP 2133; ORDERED on the motion of Alderman Gheesman, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. No. 9 - Minister of the Environment - Re: Niagara River Clean-up. The communication reviews the Ministry's Niagara River Improvement pro. gram and dffers assurance that the Ontario GoVernment will continue to press the United States for clean-up action. ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr~ that the communication be received and filed. Carried Unanimousl7. No. 10 - Town of Bradford - Re: Calculation and imposition of a Uniform Lot Levy. The communication refers to the above mentioned Decision of the O.M.B. and requests that Council support an individual Levy calculated for each and every development based on a detailed analysis of its impact upon the Muaici- pal services. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, tbat the communication be referred to the Municipal Works Committee. Carried Unanimously. No. 11 - Ukrainian Canadian Community of Niagara Falls - Re: "Ukrainian Independence Week" - 3anuary 19th to 25th, 1985. The communication requests that the week of 3annsty 19th to 25th be proclaimed "Ukrainian Independence Week". It is further requested that permission be granted for the Ukrainian flag to be flown at City Hall during the aforementioned week, and invites Mayor Smeaton and members of City Council to attend the flag raising ceremony on 3annsty 19th, 1985. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the request be approved subject to established procedure. Carried Unanimously. No. 12 - Chamber of Commerce, Niagara Falls, Canada - Re: Endorsement of Industrial Committee report regarding Ontario Waste Management. The communi- cation endorses and reviews the position of the Industrial Committee of the Chamber of Commerce with respect to Ontario Waste Management. ORDERED on the motion of Alderman Orr, seconded by Alderman Cheesman, that the communication -be received and filed. Carried Unanimously, REPORTS No. 2 - Chief Administrative Officer - Re: Reorganization of Engineering Department - Engineering Positions. The report reviews the assignment of the two Engineers that report to the Director of Municipal Works; advises that the reorganization for the remainder of the Municipal Works Department will be incorporated into the Director of Personnel's overall organizational review and recommends that the report be received and filed for information. ORDERED on the motion of Aldermau Cultm~ings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously~ No. 3 - Chief Administrative Officer - Re: Repairs to Graders. The report reviews the condition of the 4 large graders owned by the City which require repairs, requests Council's concurrence with the estimated cost of repairs, and recommends that the report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville, that the report he received and adopted. Carried Unanimously~ No. 4 - Chief Administrative Officer - Re: New Year's Ice Storm. The report reviews the action taken and estimated costs during and subsequent to the ice storm on New Year's Eve and New Year's morning; discusses the Christmas tree pickup; and recommends that this advisory report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 5 - Chief Administrative Officer - Re: Ontario Home Renewal Program funds to be held in trust. The report recommends that Council pass the by-law appearing on this evening's agenda setting up-an Ontario Home Renewal Program trust fund. ORDERED On the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See By-law No, 85-2. No. 6 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $ ~,189,543.98 for the three week period ending January 7th, 1985 be approved by the passing of the by-law appearing later on t~e agenda. Alderman Cheesman declared a conflict of interest on Cheques No. 05663, and 05668 because a member of his family is employed with the organization. - 10 - - 11 - Alderman Cummings declared a conflict of interest on Cheque No. 05655 because he is a member of the association. Alderman Hinsperger declared a conflict of interest on Cheque No. 05669 because he is employed by the firm. Alderman Keighan declared a conflict of interest on Cheque No. 05673 because relatives have an interest in the company. Alderman Somerville declared a conflict of interest on Cheque No. 05646 because he is a member of the organization; and on Cheque No. 05778 because a member of his family is involved. Additional information was provided on Cheques No. 05644, 05665, 05667, and 05758. ORDERED on the motion of Alderman Somerville~ seconded by Alderman Orr~ that the report be received and adopted. The motion Carried with Aldermen Cheesman, Cummings, Hinsperger, Keighan, and Somerville abstaining from the vote on conflicts of interest previously recorded on Cheques No. 05663, 05655, 05669, 05673, 05646, and 05778 consecutively; and all others voting in favour. No. 7 - Chief Aaministrative Officer - Re: Clifton Hill Business Improvement Area. The report recommends that Council pass the By-law appearing later on the agenda to designate the Clifton Hill Business hnprovement Area and to establish an area Board of Management. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 85-3. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 85-1 . A by-law amending By-law No. 84-147 being a by-law to provide for the appointment of municipal officials. No. 85-2 No. 85-3 - A by-law to establish a trust fund for the purposes of the Ontario Home Renewal Program. - A by-law to designate an area as an Improvement Area and to establish for such area a Board of Management. N~0.85-4 . A by-law to provide monies for general purposes. The motion Cjrried with Aldermen Cheesman, Cun~nings, Hinsperger, Keighan, and Somerville absta~ing from the vote on By-law No. 85-4 on conflicts of interest previously recorded in Report No. 6; and all o~hers voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coyills, that the following by-laws be now read a second and third time: No. 85-1 . A by-law amending By-law No. 84-147 being a by-law to provide for the appointment of municipal officialso · ~p.. 85-2 _ A by-law to establish a trust fund for the purposes of'the Ontario Home Renewal Program. ~. 85-3 _ A by-law to designate an area as an hnprovement Area and to establish for such ar~a a Board of Management. N~o. 85-4 ~ A by-law to provide monies for general purposes. The motion Carried with Aldermen Chessman, Cummings, HinsperSer' Keig~an, and Somerville~bstai~ing from the vote on By-law No. 85-4 on conflicts of interest previously recorded, and all others voting in'layOut. NEW BUSINESS LUNDY!S LANE CEMETERY - FENCE Alderman Cummings ipitiated a discussion with regard to the above mentioned fence ~hich had been removed in the summer of 1984 during the time of a Federal make-work program and had not been replaced. He suggested that the maintenance and replacement of the fence should have been part of the job. The Chief Administrative Officer advised that the fence which required paint had been stored at the Cemetery. He further advised that the matter would be investigated and a report submitted. CHRISTMAS TREE BURNING CEREMONY Alderman Cummings discussed the success of the Christmas tree burning ceremony held at Firemen's Park on 3anuary 6th, 1985. He stated that the Volunteer Firemen's Association intended that this should be an annual event. Alderman Cummings congratulated Alderman Janvary for the excellent contribution she had made to the event and for her efforts on the Bicentennial Committee in 1984. TENDERING PROCESS Alderman Cheesman referred to the communication received from the Ministry of Municipal Affairs and Housing which had been included in Information of City Council items, and attached a recent publication entitled "Municipal Tendering: Common Practices". ORDERED on the motion of Alderman Cheesman~ seconded by Alderman 3anvary, that- the communication be referred to Staff for a study and report. Carried Unanimously. 6192 DUNN STREET Alderman Cummings referred to a memorandum which had been received from the Buildings & Inspections Department concerning the aforementioned property. He requested that a copy of the communication be forwarded to the concerned resident. APPOINTMENT - MUNICIPAL INSPECTORS TRAINING & EDUCATIONAL COUNCIL Alderman Keighan referred to the communication received from the Ontario Pltunbing Inspectors Association and included in the Information for Council items~ advising that Mr. Noel Downer, Senior Plumbing Inspector, had been appointed as a representative of the Association to the Municipal Inspectors Training and Educational Council. ORDERED on the motion of Alderman Keighan, seconded by Alderman Cheesman, that a letter of commendation be forwarded to Mr. Noel ])owner. Carried Unanimously. REGIONAL COUNCILLOR ED. SHERAR Council Sherat advised that he would like to attend some future Municipal Works Committee meetings- He discussed the anticipated improvements to Dorchester Road from Mcleod Road to Mountain Road in connection with curbs and gutters as a Regional project. Mayor Smeaton asked the City Clerk to notify Councillor Sherat of the upcoming Municipal Works Committee meetings. OLD POLICE BUILDING Alderman Janvary requested information regarding plans for the Old Police Building subsequent to the recent fire in the building. Mayor Smeaton discussed the damage to irreplaceable woodwork, the engineering survey which had shown that the building was structurally sound, and the owners' intention to proceed with the renovation of the building for a commercial operation in the City. It was moved by Alderman Merrett, seconded by Alderman Orr, that the meeting adjourn. Carried Unanimously. - 12 - READ AND ADOPTED, S. SMEATON SECOND MEETING pLANNING/REGULAR MEETING Council Chambers January 14, 1985 Council met on Monday, January 14th, 1985 at 7:30 p.m. for the purpose of considering Planning Matters and regular business- All members of Couucil were present with the exception of Aldermen Merrett and Puttick. His Worship Mayor Smeaton presided as Chairman and offered the Opening Prayer- ADOPTION OF MINUTES ORDERED on the motion of Alderman Cununings, seconded by Alderman Somerville, that the minutes of the meeting held January 7th, 1985, be adopted as printed. Carried Unanimously. PRESENTATIONS CHAMBER OF COMMERCE - SKI-A-THON Mr. Wm. C. Thompson, President of the Chamber of Conm]erce Niagara Falls, Canada, advised that the Chamber of Commerce and Carllugs were sponsoring a Ski-A-Thou at the Whirlpool Golf Course scheduled for' Saturday, January i9, 1985, from 9:00 a.m. to 4:00 p.m. to raise funds for the Greater Niagara General Hospital Building and Equipment Fund. He further advised that the fee was $10.00 for adults and $5.00 for children. Mr. Thompson invited Mayor Smeaton and members of Council to participate. Mr. Frank Leslie, Chairman of the Fund Raising Committee stated that an amount in excess'of $2,000,000 had been raised to date during the Campaign for Funds, and the goal for 3une 1985 had been set for $2,500,000. Mayor Smeaton commended Mr. Leslie for a job well done. ETHIOPIAN RELIEF FUND His Worship Mayor Smeaton presented a cheque in the amount of $1,000 to Mr. Wm. C. Thompson, President of the Greater Niagara Branch of the Canadian Red Cross, on behalf of Council. Mayor Smeaton advised that the donation is intended to be included in funds for the Ethiopian Relief Fund. Mr. Thompson accepted the donation with appreciation on behalf of the Greater Niagara Branch of the Canadian Red Cross. He stated that the $1,000 would be added to the $7,000 which had been received from citizens and interested groups in the community. He further stated that no amount of these funds would be used for administration, and that Staff of the organization was on hand in Ethiopia to ensure that the donations Were utilized properly. LOCAL GOVERNMENT WEEK Communication No. 13 - Ministry of Municipal Affairs & Housin__g - Re: Local Government Week Film. The Communication attaches a copy of a film concerning local government in Ontario to be used in 'Local Government Week activities between January 14th to 19th, 1985. The aforementioned film on local government in Ontario was presented. In reply to questions raised the Chief Administrative Officer advised that the film would be available to interested citizens and groups. His Worship Mayor Smeaton stated that during the current week a program has been scheduled for tours of interested groups through City Hall. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the communication be received and filed. Carried Unanimously. - AND - Communication No. 14 - Regional Niagara Planning & Development Department - Re: Local Government Week & Tours of Regional Facilities, January 14th to 19th, 1985. The communication invites members of council to tour the Regional -2 - facilities during Local Government Week, and extends the invitation to resident~ of the Niagara Region. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the! communication be received and filed. Carried Unanimously. - AND- Report No. 8 - Chief Administrative Officer - Re: Local Government Week - Municipal Handbook. The report refers to the information respecting this Municipality which had been researched and compiled for the preparation of a Municipal Handbook, and recommends that members of Council review and at their convenience comment on the new City of Niagara Falls Handbook. The City Clerk was commended on his efforts towards the compilation of the Handbook. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and adopted, and further, that copies of the Handbook be made available to the citizens of Niagara Falls. Carried Unanimously. - AND - Report No. 9 - Chief Administrative Officer - Re: Information Brochure, and Questions and Answers regarding proposed Hazardous Waste Treatment and Disposal Facilities. The report attaches an "Information Brochure" on the Niagara Falls planning process, and "Some Questions and Answers Regarding Hazardous Waste Treatment and Disposal Facilities in Niagara Falls" for informational-purposes. Alderman Coville advised that this was an informative booktet on the propos~ industrial waste treatment facilities and expressed appreciation to the Research Team, N.A.P., C~nadians for a Clean Environment, and Mr. Frank Massard for th~ preparation of the booklet. She further advised that the booklet would be distributed to citizens at Niagara Square, and by the Research Team at City Hall, ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, thal the report be received and filed. Carried Unanimously. REPORT It was agreed that a report on a Property Matter should be moved forward from the Regular Meeting items. No. 10 - Chief Administrative Officer - Re: Encroachment _ 5297 Second Avenue. The report recommends that the application for the passing of a by-law to permit the continuation of encroachments of a dwelling upon the Second Avenue road allowance be approved, and the necessary by-law be enacted by Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. See By-law No. 85-7. REPORTS _ PLANNING MATTERS No. 11 - (PD/4/85) . Chief Administrative Officer _ Re: AM-5/82 Official Plan ~mendment and Zoning By-law Amendment Application. Applicant: River Realty Development (1976) Inc.l Location: East side Montrose Road and north of Thorold Stone Road. The report recommends that a site specific zoning by-law be prepared to permit the establishment of a prestige industrial mall in the aforementioned location, subject to the recommendations and conditions outlined therein. ~ AND _ Communication No. 15 - Regional Niagara Planning & Development D~partment . Re: Preliminary APPlication AM-5/82 Proposed Industrial Mall, Montrose Road and Plan, and submitted c6mments regarding an industrial mail in this location. His Worship Mayor ~meaton advised that this was a Public Meeting to consider a proposed amendment to the zoning by-law and explained the Procedure under the new Planning Act. -3 - As requested by Mayor Smeaton, the City Clerk explained that the application proposes an amendment to the City's Official Plan by redesignating approximately 7 acres of land from Rcsidential to Industrial; that in accordance witl~ this re- designation, the zoning of the subject lands would be changed from Development Holding (DH) to a Prestige Industrial Zone in order to permit the development of a Prestige Industrial Mall having some additional Light Industrial uses, as well as some General Commercial uses. He advised that the Notice of a Public Meeting was published in the local newspaper on December 8th, 1984; Netices of the Public Meeting were forwarded by first class mail to interested citizens on December 11, 1984; and additional Notices were mailed on January 3, 1985 because of the interest shown by residents. Mr. John J. Broderick, Solicitor, was in attendance at the meeting as a representative of the Applicaut. Mayor Spaeaton advised that any persons wishing to receive furtller notice of the passing of the zoning by-law amendment should leave their names and addresses with the Clerk prior to leaving the meeting. ~le Planning Director, with the assistance of posted sketches and blue print, explained the proposal and demonstrated the subject lands. He discussed the information contained in tile Planning Overview and Surmnary of the report, in terms of alternative land use and its location and relationship to adjacent land areas as well as future land uses in the area. TIle Planning Director advised that the configuration of the site would minimize the opportunities for low density subdivision development from a design point of view. It was also suggested that encouraging the development of townhouses or apartment buildings adjacent to the provincial highway and arterial road system, and abutting non- residential land uses is not in keeping with tile planning principles of tile Northwest Community Secondary Plan. The Planning Director suggested that a prestige industrial mall could be considered an asset to the community in the subject location, and with the establistlment of proper zoning regulations, site plan control provisions, architectural design and tenant management, an industrial mall of high quality and performance standards could be developed on the site. He discussed the proposed Light Industrial and Commercial uses outlined in the Technical Report, as well as landscaping, and low profile buildings- The Planning Director reviewed the recommendations contained in the report i.e-, Permitted Uses, Ancillary Mall Uses, Office Uses, Zoning Regulations, Site Plan Control, and Minister of Transportation & Communications' Requirements. In reply to questions raised regarding the easterly portion of the subject property being considered by the M.T.C. as necessary for future highway improvements, and referred to a handout memorandum dated January 10, 1985 in connection with a telephone conversation with Mr. Ken Ainsworth of the M.T.C. respecting this matter. He referred further to a handout memorandum dated January 10th, 1985 containing information regarding water supply, sanitary sewers, storm sewers, and roadways with respect to the subject area. - AND- Conlraunication No. 16 - S. James Knight, Q.C. - Re: Application for Rezoning No. AM~5/82, River Realty - East side of Montrose Rd., North of Thorold Stone Rd. The communication conveys opposition to the application for rezontng, and requests that Council reject the application and direct that no further applic- ations to fezone these lands be entertained by Council~ unless a sufficient change in circumstances warrants the application and the expense involved. - AND- Communication No. 17 - Mr. &Mrs. J. Tatarnic - Re: Proposed Official Plan & Zoning By-law Amendment, Part Township Lot 71. The communication opposes the application in terms of a Prestige Industrial site being adjacent to new Residential areas~ refers to decreased property values, and asked that ~he issue be finally resolved. Mr. BrOderick addressed Council on behalf of the Applicant. He stated that the M.T.G. requirements in the area had been pending for ten years, that enquirieshad been made to the M.T.C. two years ago concerning the property and a positive response had not been received. Mr. Broderick further stated that he was aware of the telephone conversation with the M.T.C., and the anticipated letter from that agency. He requested approval of the application. -4 - The Planning Director replied to questions raised regarding the zoning of the property at the time the Official Plan was adopted. In reply to questions raised, Mr. Broderick advised that lke.~. acre parcel remaining on the east side of the property, after the required property had been utilized by the M.T.C., could used for a form of Prestige Industrial development. He pointed out that if the 7 acre parcel was reduced to 3 acres the residential potential would be less desirable than as a 7 acre parcel. His Worship Mayor Smeaton did not receive a response to his request for comments from those persons, other than the applicant, in support of the applicatLi In response to Mayor Smeaton's request for comments from persons opposed to the appl%cation ~s.Judy Wade, 3693 Wiltshire Boulevard, addressed Council as a representative of the North-West Ratepayers Association, a group of citizens formed two and one-half years ago when zoning changes had been considered in 1982. She referred to a petition signed by 200 persons in opposition to the zoning change, and discussed Council's need to recognize the unsuitability of the proposal in terms of aesthetic, safety, hydrogeological, and financial reasons. Mrs. Wade stated that industrial development in the North-West sector of the City is unsuitable and a risk, and refe~ted~to ~ petition signed by/many area residents in opposition to the zoning amendment. Mr. N. A. McKay, Q.C., expressed his opposition to the application because of the inappropriate proposed uses in the small "splinter" parcel, lack of access into a major trunk highway and proximity to a major access route into Niagara Falls. He discussed concern with regard to traffic and traffic flow as well as from an aesthetic standpoint. Mrs. Aime Mason, 3567 Wiltshire Boulevard addressed Council on behalf of the North-West Ratepayers Association, expressing opposition to any zoning change from Residential to Industrial in the subject lands. She referred to the former application and submitted to Council the petition signed by D~ul~erous concerned residents at this time. Mrs. Mason asked to be kept informed of any similar proposals for change in the future. Further concerns were expressed by Mr. Dennis Udell, 3908 Montrose Road, Mr. Leo Gervais, 3942 Montrose Road, Mr. Cordon Wade, 3693 Wiltshire Boulevard. Mr. Broderick referred to the issuss of concern, the previous proposal which had been declined, and discussed the current application as "reasonable and fair and representing good usags for the land". He pointed out that it was a "question of good planning", referred to the numerous discussions with regard to the proposal, and stated that the zoning requirements had been taken into consideration. Mr. Broderick referred to the "pleasing" design of the series of buildings for th~ whols parcel, taking into consideration ths contour of the land. He suggested that the proposal provides a "better buffering" for the adjacent residential property on the north side, and further, that the · proposal is "the only real use available" for the subject land. Mr. Broderick discussed the light industrial and commercial uses to the south and north of the subject parcel of land as being compatible, and advised that the Applicant intends to "stand well back from the watercourse" and intends to convey the watercourse to the Municipality. In reply to questions raised Mr. Broderick stated that the Applicant has owned the property for 30 years, and the land is zoned as Developm~ntL.Molding:.. Hs referred to the Study for the North West Community Plan, and to one copy of the plan which recommends a 60 acre industrial area on the site. Mr. Broderick stated that if the M.T.C. required the use of the property, thereby reducing the size of the parcel of land available, the Commercial Prestige Industrial use would be ideal for the property subject to a redesign of buildings. Following further discussio~ it was moved by Alderman Janvary, seconded by Alderman Orr, that the report ba received and the application denied. Carried Unanimously. - ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the communications and additional information be received and filed. Carried Unanimously. -5 - His Worship Mayor Smeaton declared a five minute recess at 9:05 p.m. Following the five minute break Council reconvened in the Council Chambers for the balance of the meeting. REPORTS - pLANNING MATTERS Communication No, 18 - Brian Sinclair, Q.C_. - Re: CrTsler Place Apartments, Proposed Condominium Conversion. The communication refers to previous contacts with the Planning Director, and expresses the desire of making application to have the aforementioned apartments converted to condominiums. Mr. Brian Sinclair addressed Council, referring to the 19 unit apartment complex which was built in 1979, completed in 1980, and rented since 1981; to the decreasing vacancy rate and increasing difficulty in renting the apartments; and the intention to make application to convert the units from apartments to condominiums. He discussed the City and Regional policy of requiring a vacancy rate in excess of 3% before permitting a transfer of units from a'partments to condominiums. Mr. Sinclair referred to the lack of condominium units in the downtown area, and suggested that the proposed conversion could be a "catalyst" to securing additional residents in the downtown area. It was suggested that the condominium units migh~ be sold in the $30,000 to $35,000 range, or remain as rental units. Mr. Sinclair anticipated problems with parking which would require a solution. He asked Council to consider the proposal. In reply to questions raised the Planning Director advised that the ownership of units in the downtown area by working persons was considered desirable; and further. that the technical aspects of parking, open space, and physical design features would need to be considered, together with the vacancy rate. Mr. Gabe Mallouk, Chairman of the Downtown Board of Management, advised that it would be considered favourable if the units were converted to condominiums, that apartments in the area were experiencing a ~arge turn-over due to the clientele, and that if the units were sold the investment in the downtown area would be welcomed because of additional income and a stabilized accommodation factor. Following further discussion it was moved by Alderman Hinsperger, seconded by Alderman Kerrio, that Council consider waiving the 3% vacancy requirement subject to the Applicant proceeding with the application.through the appropriate channels. The motion Carried with the following vote: AYE: Aldermen Baker, Chessman. Coville, Cummings, Hin~perger. Keighan. Kerrio, and Somerville. NAYE: Aldermen Janvary, and Orr. No. 12 - (PD/6/85) - Chief Administrative Officer - Re: Mrs. M. Mallouk Consent Applications B-10/85 through B-13/85. The r~port recommends that the request to create three (3) residential building lots from the property known municipally as 7856 Ryedale Street by Consent Application be endorsed by CounCil subject to the conditions outlined in this report. The Planning Director reviewed the Background information contained in the report, and referred to a similar request in March 1984 which had been considered favourably. ORDERED on the motion of Alderman Keighan~ seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 13 - (PD/03/85) - Chief Administrative Officer - Re: Planning & Development Activities Report for November to December, 1984. The report discusses the Status of Planning Studies, Development RevieW, and Recently Released Reports & Other Stems of Interest, and recommends tha~ this report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. -6 - No. 14 - (PD 5/85) - Chief Administrative Officer - Re: Guidelines for Wetlands Management in Ontario. The report recopmnends the following: 1) Based upon the concerns expressed in this Report (PD/5/85), that Council endorse the letter to the attention of .the Honourable Alan W. Pope as appende~ hereto; 2) That a copy of this Report be attached to said correspondence as the City of Niagara Falls' conmerits on "Guidelines for Wetlands Management in Ontario". ORDERED on the motion of Alderman Coville, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. COMMUNICATION No. 19 - The Chamber of Commerce Niagara Falls, Canada - Re: Council representation on the Board. The communication invites Council to appoint a City representative to ths Chamber Board. ORDERED on the motion of Alderman 0rr, seconded by Alderman Cummings, that Alderman Merrett be asked to consider serving for another term on the Chamber of Commerce Board. Carried Unanimously. Ordered on the motion of Alderman Janvary, seconded by Alderman Orr, that Alderman Coyills be authorized as an alternate representative, and in the event that Aldarman Merrett does not acquiesce it was further recommended that Alderman Coville become the representative to the Board. Carried Unanimously. REPORTS No. 15 - Chief Administrative Officer - Re: Ontario Neighbourhood Improvement Program (O.N.I.P.) for Chippaws & Leeming/Balmoral. The report recommends that the City of Niagara Falls make application to the Ministry of Municipal Affairs and Housing for an "Ontario Neighbourhood Improvement Program" (O.N.I.P.). The Total works recommended to be carried out under the Program is $1,870,000; the City's share being $935,000. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be. received and ado.pted. Carried Unanimously. See Resolutions No. 1 and 2. No. 16 - Municipal Works Committee - Re: Contract S.C. 34/84 - Oakes Park Baseball Diamond Stands. The report recommends the following: ' 1) That Contract S.C. 34/84, Oakes Park Baseball Stands, be awarded to Donn- Hope Construction limited at a total price of $638,590; and 2) That Staff review various alternatives with respect to financing additional cost. ' Alderman Cummings declared a conflict of interest because he is employed by a firm which is involved. .. The Director of Municipal Works provided additional information regarding the method of financing additional costs, as provided in the Background data of the report to the Municipal Works Committea attached thereto. The City Solicitor advised that once a contract is awarded by resolution thers is an obligation to enter into an agreement, and suggested that if so desired the recommendation might be approved subject to an agreement being completed and a by-law passed. ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the report be received and adopted subject to the completion of an agreement and a by-law being passed. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded~ and all others votlng in fayour. See Resolution No. 3. - 7 - No.,17 - Chief Administrative Officer - Re: Notice to Owners of Bogs. The report attaches a draft notice outlining some of the main points contained in the By-law which will be made available to all persons who obtain licences, and recommends that the contents of this report be noted and that it be received and filed. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the report be received and filed, and further, that the notice be placed in the local newspaper. Carried Unanimously- RESOLUTIONS No. 1 - CUMMINGS - HINSPERGER - RESOLVED that WHEREAS notification has been received from the Ministry of Housing regarding the allocation of funds to be used in connection with the Ontario Neighbourhood Improvement Programme fiscal year 1985 - 1986, and WHEREAS January 31, 1985, has been established as the deadline for applications for the said Ontario Neighbourhood Improvement Programme, for the fiscal year 1985 - 1986, NOW THEREFORE BE IT RESOLVED that the City of Niagara Falls submit an applica- tion to the Minister of Housing, for the approval of the projects to an estimated cost of $1,320,000 with the Provincial Government to pay 50% of the cost and the City to pay 50% of the cost, for the purposes of the Ontario Neighbourhood Improvement Programme for the fiscal year 1985 - 1986; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 2 - CUMMINGS - HINSPERGER - RESOLVED that WHEREAS notification has been received from the Ministry of Housing regarding the allocation of funds to be used in connection with the Ontario Neighbourhood Improvement Programme fiscal year 1985 - 1986, and WHEREAS January 31, 1985, has been established as the deadline for allocating funds for' the said Ontario Neighbourhood Improvement Programme, for the fiscal year 1985 - 1986; NOW THEREFORE BE IT RESOLVED that the City of Niagara Falls submit an applica- tion to the Minister of Housing, for the approval of the projects to an estimated cost of $550,000 with the Provincial Government to pay 50% of the cost and the City to pay 50% of the cost, for the purposes of the Ontario Neighbourhood Improvement Programme for the fiscal year 1985 - 1986; AND the Seal of the Corporation be hereto affixed. Carried Unanimously- No. 3 - CHEESMAN - ORR - RESOLVED that the unit prices submitted by Bonn-Hope Construction Limited for Contract S.C. 34/84 - Oakes Park Baseball Diamond Stands, be accepted at the total price of $638,590.00; AND the Seal of the Corporation be hereto affixed. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded, and all others voting in fayour. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that leave be granted tO introduce the following by-laws, and the by-laws be read a first time: No. 85-5 - A by-law to provide for appointments to certain Boards, Commissions and Committees. No. 85-6 - A by-law to amend By-law No. 79-200, as amended. (R. DiPaolo). No. 85-7 - A by-law to allow the maintaining and using of a building which encrQachea on Second Avenue. No. 85-g' ~"A bytlaw~b ~ut~ortze an agreement with Niagara Employment Agency Inc. %Recycling purposes). Carried Unanimously. -8 - THIRD MEETING ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the following by-laws be now read a second and third time: 85-5 - A by-law to provide for appointments to certain Boards, Commissions and Committees. No. 85-6 - A by-.law to amend By-law No. 79-200, as amended. COMMITTEE OF THE WHOLE No. 85-7 - A by-law to allow the maintaining and using of a building which encroaches on Second Avenue. Following consideration of th~ arose without reporting. No. 85-8 - A by-law to authorize an agreement with Niagara Employment Agency In~~/~/C~T~ Carried Unanimously. ' = REGISTRATION OF PROPERTY - 4549 CATARACT AVENUE Alderman Cummings referred to the above property in the downtown area which { ~I'I" of the property for unpaid taxes. The Chief Administrative Officer advised that the problems in connection wit. the building, particularly outstanding accounts, had become known some time ago. He further advised that at a meeting held earlier to-day the decision had been made to proceed with registration of the property. The City Treasurer pointed out that one year would be required for redemption of the property. SNOWMOBILES Alderman Baker discussed contacts he had received regarding the operation of snowmobiles in the Lyons Creek Road area at 3:00 a.m. He stated that the snowmobiles were leaving the Ontario Hydro right-of-way and the Niagara Boating Club, and crossing Lyons Creek Road to a private road. Alderman Baker further stated that complaints had been received regarding the speed of the vehicles as well as the lateness of the hour of operation, that the Police had been contacted several times, but that it was a difficult matter to resolve. Mayor Smeaton advised that the matter would be investigated NIAGARA RECYCLING PROGRAM Alderman Janvary referred to the new Niagara Recycling Program and asked that all citizens of Niagara Falls cooperate in this program. MR. DOUGLAS HATCH His Worship Mayor Smeaton advised of the recent death of Mr. Douglas Hatch, resident of St. Catharines, who had been in business in Niagara Palls for a number of years, and was a "good friend to needy individuals", as well as to former mayors of this community. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that a letter of condolence be forwarded to the fatally of the late Douglas Hatch Carried Unanimously. It was moved by Alderman Orr, seconded by Alderman Baker~ that the meeting be adjourned. Carried Unanimously. MAYOR S. SMEATON . READ AND Committee Room #1 January 21, 1985 Council met on Monday, January 21st, 1985 at 7:20 p.m. in Committee of the Whole. All members of Council were present with the exception of Aldermen Baker, Kerrio, Orr, Puttick, and Somerville- Alderman Coville presided as Chairman- ,resented the Committee of the Who le S. 8MEATON Council Chambers January 21, 1985 Council met on Monday, 3anuary 21st, 1985 at 7:30 p.m. for the purpose of considering regular business. All members of Council were present with the exception of Aldermen Baker, Kerrio, 0rr, Puttick, and Somerville. His Worship Mayor Smeaton presided as Chairman. Alderman Merrett offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Coville, seconded by Alderman Cummings, that the minutes of the meeting held 3anuary 14th, 1985, be adopted as printed. Carried Unanimously. UNFINISHED BUSINESS ARENAS COMMITTEE STATUS - REPORT OF MAYOR SMEATON Report No. 619(1984) - Mayor &beaton - Re: Arenas Committee Status. (Tabled from November 26, 1984). The report attaches a memorandum which reviews the present status of the Arenas Committee, and recommends that the A~enas Committee be dissolved. A discussion followed with respect to enquiries being made regarding a junior "A" franchise. Mayor Smeaton advised that any calls could be referred to his office, that a letter had been forwarded to the leagues last spring to which no response had been received, and that information is being sent out in order that a franchise might be secured. He further advised that the situation would be monitored. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Chessman, Coville~ Minaperger, 3anvary, Ketghan, and Merrett. NAYE:/ Alderman Cununings. 'COMMUNICATIONS No. 20 - Dot Dougan - Re: Toxic Waste Disposal Site in Niagara. The communication discusses the undesirable effects of toxin, and suggests that all residents of Niagara Falls should express opposition to a toxic waste disposal site. Alderman Coyills adv]sed that Mrs. Dougan had circulated a petition regarding this concern, and that the Hazardous Waste Steering Com- mittee would forward a letter of appreciation to Mrs. Dougan. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the conununication be received and forwarded to the Hazardous Waste Steering Conunittee. Carried Unanimously. -2 - -3 - No. 21 - The Association of Conservation Authorities of Ontario - Re: ACAO Brief to the Provincial Secretary for Resources Development on Property Taxation of Public Lands within the Minister's Niagara Escarpment Planning Area. The communication attaches a copy of the aforementioned Brief and discusses property taxation issues within the Niagara Escarpment Planning Area which ACAO believes to have a negative impact on the fiscal base of the municipalities. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the communication be received and referred to Staff for consideration. Carried Unanimously. No. 22 - Canadians for a Clean Environment - Re: "Niagara Environment Day". The communication requests Council to proclaim Saturday, March 9th, 1985 as "Niagara Environment Day"; asks the City to participate by setting up a display to reflect ongoing involvement in environmental issues; and requests financial assistance in the amount of $600 towards the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the con~munication .be received and approval given for the proclamation and display, and Chat the request for financial assistance be forwarded to the Finance Committee for consideration. Carried Unanimously. REPORTS No. 18 - Chief Administrative Officer - Re: Tendering Fire Department Clothing, (Uniforms, Shirts, Ties, Reefer Coats, and Fatigue Pants). The report recommends that tenders be called as soon as possible for 1985 Fire Department clothing. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 19 - Chief Administrative Officer - Re: Vehicle Tenders. The report recommends that City Council authorize the Fire Department to tender for two 1985 cars, each with a wheel base of at least 112 inches. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 20 - Chief Administrative Officer - Re: Tendering a Fire Department Pun]per Truck. The report recommends that City Council authorize the Fire Deparbnent to tender for a pumper truck~ ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 21 - Municipal Works Committee - Re: Dorchester Road Improvements. The report recommends the following: 1) That the Region be requested to investigate the need to make improvements to Dorchester Road from McLeod Road to Mountain Road; and 2) That information in this regard be provided to indicate: a) the current priority for Dorchester Road improvements; b) estimated cost of improvements; c) estimate of City's share of improvement cost; d) impact that improvements would have on the character of the street. Regional Councillor E. Sherat advised that he would be attending the Regional Public Works & Utilities Committee meeting on January trod, 1985, and would report back to City Council concerning the matter. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coyills, that the report be received and adopted. Carried Unanimously. No. 22 - Municipal Works Committee - Re: Recycling of Newspaper, Glass ~ottles and Jars~ and Metal Cans. The report attaches an informational report with respect to Niagara Recycling, and recommends that this report be received and filed. Alderman Cummings expressed concern regarding the program being 'unknown in a specific area. ORDERED on the motion of Alderman Hinsperger~ seconded by Alderman Mefrett, that the report be received and adopted. Carried Unanimously. No. 23 - Chief Administrative Officer ~ Re: Oakes Park Stands - Gouttact Award By-law. The report recommends that approval be granted to the by-law appearing on the. agenda~ which authorizes an Agreement with the low tendeter, penn-Hope ~onstruction Limited, for Contract S.C. 34/84 - Oakes Park Baseball Stands., Alderman Cummings declared a conflict of interest because he is employed by a firm involved. Alderman Keighan advised that he was in support of the by-law but was not in favour of the method of financing. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Merrett, that the report be received and adopted. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously declared, and all others voting in fayour. SeiNe. 85-12. No. 24 - Chief Administrative Officer - Re: Transportation Safety Association Awards - 1984. The report recommends the following: 1) That drivers who have completed ten or more years of accident-free driving be authorized to attend the Transportation Safety Association Banquet on Saturday, March 16, 1985, at a cost of $12.00 per ticket; 2) That awards be presented to the eligible drivers at the Municipal Service Centre by His Worship the Mayor between the hours of 3:00 p.m. and 4:00 p.m. on a date suitable to the Mayor. Alderman Janvary suggested that this was an excellent program, and further, that the successful employees should be commended. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 25 - Municipal Parking & Traffic Committee - Re: Taxi Stand on Falls Avenue. The report recommends that the necessary by-law be prepared to relocate the two car taxi stand on the westerly side of Falls Avenue to the easterly side of Falls Avenue. ORDERED on the motion of Alderman Merrett~ seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 26 - Municipal Parking & Traffic Committee - Re: Parking for the Handicapped. The report recommends that the City's handicapped parking by-law be amended to allow persons with a handicapped permit to park in any on street metered parking area for up to three hours free of charge. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be received and adopted, and further, that a copy be forwarded to the Social Planning Council. Carried Unanimously. No. 27 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for December 1984. The report provides information with regard to Permits and Highlights for December 1984, as welles 3anuary Proposals. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and filed. Carried Unanimouslyi No. 28 - Chief Administrative Officer - Re: Central Area Plan - An Introduction. The report recommends that Council acknowledge and support the recommendation of the Downtown Revitalization Steering Contmittee."that the Downtown Revitalization Steering Committee oversee the activities of the Planning Department and the Technical. Advisory Committee in the preparation of the Central Area Plan". ORDERED on the'motion of Alderman Cummings,.secondedby Alderman Keighan, that the report be received and adopted. Carried Unanimously. No. 29 - Chief Administrative Officer - Re: 1985/86 C.A.I.P. Application - Clifton Hill Business Improvement Area. The report recommends the following: 1) .That the attached 1985/86 C.A.I.P. application and supporting documentation be approved by Council for submission to the Ministry of Municipal Affairs and Housing by the 3anuary 31st deadline date. 2) That the application be forwarded to the Region for their approval so that Regional concurrence regarding Community Improvements to Clifton Hill, a Regional road, can be obtained. 3 ) That a Steering Committee be established comprised of aldermenlo represent- ation~ B.I.A. members~ City and Regional Staff, to oversee the project, the actual membership of which will be determined through a subsequent report to council. -4- ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. See Resolution No. 4. No. 30 - Chief Administrative Officer - Re: Encroachment - Road Allowance between Lots 16 and 17, of the former Township of Willoughby. The report recommends that the application for the passing of a by-law to permit the continuation of encroachments of a dwelling and garage upon the road allow- ance between Lots 16 and 17 of the former Township of Willoughby be approved, and the necessary by-law be enacted by Council. ORDERED on the motion of Alderman Cummings~ seconded by Alderman Coville~ that the report be received and adopted. Carried Unanimously. See By-law No. 85-11. No. 31 - Chief Administrative Officer - Re: 'Lot 24, Falls Industrial Park Extension. The report recorfanends that Council approve of the resale of Lot 24, Registered Plan M-67, from Alan Hoeper to Marine Clean Limited subject to the following conditions: 1) That a plan prepared by an O.L.S. be submitted to the City showing the actual location of the existing building on Lot 25, Registered Plan M-67, to ensure that no part of the said building encroaches onto Lot 24 and also that the said building complies with the regulations contained in Zoning By-law No. 79-200. 2) That the purchaser enter into an agreement with the City containing the usual covenants relating to lots in the City'a Industrial Subdivisions. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 32 - Chief Administrative Officer - Re: Regional Surplus Property. The report recommends that the Regional Municipality of Niagara Public Works Department he advised that the City of Niagara Falls does not wish to acquire Parts 1, 2, and 3, on the attached drawing as we have no use for the land. ORDERED on the motion of Alderman Cummings~ seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 33 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,802,035.17 for the two we&k period ending January 21st, 1985, be approved by the passing of the by-law appearing later on the agenda. Alderman Chessman declared a conflict of interest on Cheque No. 06242 because his wife is employed by the organization. Alderman Cummings declared a conflict of interest on Cheque No. 06131 because a member of his family is involved in the program. Alderman Hinsperger declared a conflict of interest on Cheques No. 06115, 06223, and 06269, because he is employed by the firm. Additional information was provided on Cheque No. 06170. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the report be received and adopted. The motion Carried with Aldermen Chessman, Cummings, and Hinsperger abstaining from the vot~' on conflicts of interest previously record%d for Cheques No. 06242, 06131, 06115, 06223, and 06269 consecutively, as previously recorded; and all others voting in fayour. No. 34 - Chief Administrative Officer - Re: Bingo Lottery Permit '- Niagara Peninsula Canadian-Hungarian Cultural and Sport Centre. The report recommends that Council decide if it wishes to grant a Bingo Lottery License to the Niagara Peninsula Canadian-Hungarian Cultural and Sport Centre. Alderman Cummings declared a conflict of interest because he is a member of an association involved in binSos. Alderman Hinsperger declared a conflict of interest because he is a member of a service organization which runs bingos. - 5- Mr. Dezso Kemeny, 6474 Caledonia Street, addressed Council as a Board member of the organization. He advised that the land had been purchased with the intention of the development of a community park, with recreational facil- ities- However, the group does not intend to run sports events~ nor to have a "serious sports' parkI', but to "reflect the nature of the park". Mr. Kemeny further advised that the funds raised would be used for the development of a park similar to others in the community, i.e., the Optimist Club Park. A discussion followed regarding the policy of Council to decline bingo applications if submitted by sports groups. In reply to questions raised the City Clerk defined the traditional "unwritten" policy. It was suggested that a written policy might be helpful. It was further suggested that this group was similar to others of this kind. His Worship Mayor Smeaton referred to a handout copy of a letter to the Niagara Peninsula Canadian Hungarian Cultural Sports Centre from tile Director of Recreation dated January 18, 1985, which discussed the main objective of the Sports Centre of preserving the Hungarian heritage and that offering sport types of programs was a very secondary objective- ORDERED on the motion of Alderman Merrett, seconded by Alderman Chessman, that the report be received and the application approved- The motion Carried with Aldermen Cummings, and Hlnsperger abstaining from the vote on conflicts of interest previously recorded, and the following vote: AYE: Aldermen Chessman, Coville~ Janvary, and Merrett. NAYE: Alderman 3artvary. No. 35 - Chief Administrative Officer - Re: B.R.I.C- Application - S. & S. Cotter, 4190 Bridge Street- The report recommends that Council authorize the payment of $2,000.00 to Seen and Sharon Cotter which represents the City's share of the cost of replacing windows on the upper floor of the designated building known as 4190 Bridge Street. Alderman Merrett declared ~ conflict of interest because the people are cl'ients of his. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Alderman Merrett abstaining from the vote on a conflict of interest previously recorded, and all others voting in fayour. No. 36 - Chief Administrative Officer - Re: Aldermanic Appointment to Clifton Hill Business Improvement Area Board of Management- The report recommends that Council appoint an Aldermanic representative to the Board of 'Management of the Clifton Hill Business Improvement Area. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that Alderman Merrett be authorized to act as Council representative on the Clifton Hill Business Improvement Area Board of Management, and Alderman Coville to act as an. alternate- Carried Unanimously. No. 37 - Hazardous Waste Steering Committee - Re: O.W.M.C. Hazardous Waste Research Team Complement. The report recommends that Council approve the hiring of two research assistantsforthe O.W.M.C. Hazardous Waste Research Team for a 3 month term at the rate of $7.52. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Merrett, that the report be received.and adopted- Carried UnanimouSlY' RESOLUTION No. 4 - CUMMINGS - CHEESMAN - RESOLVED that the Council of the City of Niagara Falls approve the attached 1985/1986 Commercial Area Improvement Programme (C.A.I.P.) Application for submission to the Ministry of Municipal Affairs and Mousing; AND the Seal of the Gorporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Janvary, seconded by Alderman Merrett, that leave be granted to introduce the followlug by-laws~ and the by-laws be read a first time: -6- No. 85-9 - A by-law to amend By-law No. 85-5 to provide for appointments to certain Boards~ Commissions and Committees. No. 85-10 - A by-law to amend By-law No. 6340, providing for the erection of Yield Right-of-Way signs at certain intersections in the Municipal- ity. (Elizabeth Place &Morrison Street). No. 85-11 - A by-law to authorize the maintaining and using of buildings which encroach on Weaver Road. No. 85-12 - A by-law to authorize the execution of an agreement with Donn-Hope Construction Limited for the construction of Oakes Park Baseball Diamond Stands. No. 85-13 - A by-law to provide monies for general purposes. The motion Carried with Alderman Cummings abstaining from the vote on By-law No. 85-12 on a conflict of interest previously recorded in Report No. 23; Aldermen Chessman, Cummings, and Hinsperger abstaining from the vote on By-law No. 85-13 on conflicts of interest previously recorded in Report No. 33; and all others voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the following by-laws be now read a second and third time: No. 85-9 - A by-law to amend By-law No. 85-5 to provide for appointments to certain Boards~ Commissions and Committees. No. 85-10 - A by-law to amend By-law No. 6340, providing for the erection of Yield Right-of-way signs at certain intersections in the Municipality. No. 85-11 - A by-law to authorize the maintaining and using of buildings which encroach on Weaver Road. No. 85-1____~2- A by-law to authorize the execution of an agreement with Donn-Hope 'Construction Limited for the construction of Oakes Park Baseball Diamond Stands. No. 85-13 - A by-law to provide monies for general purposes. The motion Carried with Alderman Cummings abstaining from the vote on By-law No. 85-12 on a conflict of interest previously recorded; Aldermen Chessman, Cummings, and Hinsperger abstaining from the vote on By-law No. 85-13 on conflicts of interest previously recorded~ and all others voting in favour. NEW BUSINESS ONTARIO GOOD ROADS . RESOURCES DEVELOPMENT Reference was made to the communication from the Minister of Transportation and Communications dated January 17th, 1985 which had been an Information for Council enclosure. The communication responds to a letter from the City in connection with the Ontario Cood Roads Association's submission to Cabinet Committee on Resources Development with respect to the inadequacy of municipal road funding, and assures Council that the views of the municipalities would be made known to the Cabinet during budgetary discussions. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coyills, that the cenmlunication be received and filed. ~arried Unanimously. OAKES PARK BASEBALL STANDS - FINANCING His Worship Mayor Smeaton referred to a report on the Oakes Park Baseball Stands - Financing which had been considered by the Finance Committee earlier today. The report recommends that funding for the Oakes Park Baseball Stand project be from the following sources: Special Purpose Reserve - Oaks8 Park Parks'Development Fund Parks Acquisition Fund J, N. Allan Park Sale 1985 Operating Budget Contribution to Capital $ 36,000 162,000 264,000 200,000 000 685,000 7 - 7 - Alderman Cummings declared a conflict of interest because the firm he is employed by is involved- The Chief Administrative Off icer advised that the report was approved by the Finance Committee, with the following additional conditions; That Mayor Smeaton contact Niagara Falls Hydro regarding the possible sale of surplus lands; 2) That Council reaffirm its commitment to name another facility in memory of John N. Allan; 3) That improvements to the George Bukator Park be accelerated- ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Chessman, that the report, as approved by the Finance Committee with the additional conditions aforementioned, be received and adopted- The motion Carried with Alderman Cununings abstaining from the vote on a conflict of interes'~'~eviouslY recorded, and with the following vote: AYE: Aldermen Chessman, Coville, Hinsperger, Janvary, and Merrett- NAYE: Alderman Keighan. ADVERTISEMENT - ALLIED CHEMICAL Alderman Chessman referred to an advertisement which proposed the use of calcium chloride on roads instead of sodium chloride. ORDERED on the motion of Alderman Chessman, seconded by Alderman Janvary, that this matter be referred to Staff. Carried Unanimously- It was moved by Alderman Cummings, seconded by Alderman Hinsperger, that the meeting adjourn- Carried Unanimously- READ AND.ADOPTED, MAYOR S. SMEATON FOURTH MEETING REGULAR MEETING Council Chambers January 28, 1985 Council met on Monday, January 28th, 1985 at 7:30 p.m. for the purpose of considering regular business- All members of Council were present. His Worship Mayor Smeaton presided as Chairman- Alderman Orr offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Coville, that the minutes of the meeting held January 21st, 1985, be adopted as printed. Carried Unanimously- WELCOME KATIMAVIK COMMITTEE His Worship Mayor Smeaton welcomed Mrs. Lynne J- Savage, Chairperson of the Katimavik Committee, members of her Committee, and Katimavik participants to the meeting, and expressed appreciation to Mrs. Savage for her efforts on behalf of the Committee. - AND ~ Communication No. 23 -Wes ley Romulus, Regional Director, Katimavik - Re: a" February 5th, 1985 The communication requests "National Katimavik D y , Council to proclaim February 5th, 1985 as "National Katimavik Day", with an official proclamation ceremony, Civic reception, and other appropriate activity in recognition of Katimavik's work. Mrs. Savage introduced Brenda Bartley, a Committee member, and Jannieve Gaule, Group Leader, as well as seven participants in the Katimavik Program present at the meeting. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the communication be received and the request approved subject to established policy. Carried Unanimously- BOY SCOUTS - TROUP NO. 26 His Worship Mayor Smeaton welcomed to the Council meeting two members of Boy Scouts Troup No. 26, Mr. Bill McMeekin, T~oup Leader, and Jamie Walker. UNFINISHED BUSINESS GAMBLING/GAMING MONITOR%NG COMMITTEE - BINGO OPERATIONS Co~munication No. 24 ~ Social Planning Council of Niagara Fall_s - Re: Activities of Gambling/Gaming Monitoring Committee. The communication refers to the aforementioned Committee's review of the 1980 report to Glty Council and submits further recommendations in connection with' the word 'Charitable Organization!. '~e communication further supports the advice of the Committee that an Inspector be appoi, nted in this regard. Aldermen Cummings, and Hinsperger, declared conflicts of interest as members of Associations which might be affected. ORDERED on the motion of Alderman 0rr, seconded by Alderman Keighan, that the communication be received, the recommendations respecting the definition of 'Charitable Organization' be adopted, and that Council consider the appoint- ment of an Inspector. The motion Carried with Aldermen Gummings, and Hinsperger, abstaining from the vote on conflicts of interest previously recorded, and all others voting in fayour. o AND - Report No. 38 - Finance Committee - Re: BlnSo Operations in Niagara Falls ~ ~e report recommends that the concept of hiring a qualified Bingo Operations Inspector be approved subject to the following conditions: 1) That the use of the Bingo Operations Inspector be on a six month trial period and all costs incurred be paid out of the bingo license fee; 2 -2- 2) That if Council is in agreement with the concept, a further report be submitted regarding conditions of employment, qualifications, rate of pay, etc.; 3) That a full progress report be submitted to Council at the end of the six month period. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the report be received and adopted, and further, that the appointment be on a contract basis for 6 months. The motion Carried with Alderm~n Cummings and Hinsperger abstaining from the vote on conflicts of interest previously recorded, and all others voting in fayour. FRUITBELT PARKWAY - AMENDMENT TO DEVELOPMENT AGREEMENT Report No. 39 - Municipal Works Committee - Re: Fruitbelt Parkway - Amendment to Development Agreement. The report recommends that the by-law to authorize the Agreement between the City of Niagara Falls and Fruitbelt Trucking Incor- porated, appearing on tonight's agenda, be given the required readings. ORDERED on the motion of Alderman Orr, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. See By-law No. 85-16. COMMUNICATIONS No. 25 - City of Windsor - Re: Amendment to Municipal Elections Act. The communication attaches a resolution requesting amendments to the Municipal Elections Act with respect to disabled voters. ORDERED on the motion of Alderman Orr, seconded by Alderman Puttick, that the communication be received and filed. The motion was Defeated with the following vote: AYE: Aldermen Orr, and Puttick. NAYE: Aldermen Baker, Cheesman, C~ville, Cummings, Hinsperger, Janvary, Keighan, Kerrio, Merrett, and Somerville. Following a brief discussion it was moved by Alderman Cummings, seconded by Alderman Hinsperger, that the communication be referred to the Social Planning Council, the Special Needs Committee, and the Association of Munici- palities of Ontario for comment.~;. Carried Unanimously. '- No. 26 - Heart and Stroke Foundation of Ontario - Re: "Heart and Stroke Month", February 1985. The communication requests that Council proclaim the month of February 1985 as "Heart and Stroke Month". ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Merrett, that the request be granted subject to established policy. Carried Unanimously. No. 27 - Niagara Falls Big Sister Association - Re: "Big Sister Week" - February 10th to 17th, 1985. The communication requests that Council proclaim the week of February 10th to 17th, 1985, "Big Sister Week". ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the request be granted subject to established policy. Carried Unanimously. No. 28 - CN Rail - Re: Cabooseless Train Operations. The communication refers to objections to cabooseless train operations as being "inherently unsafe", and advises that "this is simply not true"; advises that evidence regarding safe operations of cabooseless trains is being presented at the current C.T.C. hearings; and attaches a booklet entitled "Cabooseless Operations Safe and Sound" published by CN Rail/CP Rail. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received' and filed. Carried Unanimously. No. 29 - Niagara South Board of Education - Re: Brief for Commission on the Financing of Elementary & Secondary Education in Ontario. The communication attaches the aforementioned Brief being discussed at the Niagara South Board meeting on January 22nd, 1985. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Cummings, that · the communicateion be received and filed. Carried Unanimously. -3 - No. 30 - Art Dobbin, Niagara Flames Oldtimers - Re: Oldtimers Tournament - March 29th to 31st, 1985. The communication requests a Special Occasion permit for the event. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cu~nings, that the request ef the Niagara Flames Oldtimers for a special occasion permit for the Oldtimers Tournament to be held on March 29th, 30th, and 31st, 1985, at the Jack Bell and Stamford Arenas, Niagara Falls, be approved subject to the approval of the Regional Police Department, the Niagara Falls Fire Depart- ment, the Niagara District Health Unit, and the Liquor Licensing Board of Ontario- Carried Unanimously- REPORTS No. 40 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Muffler Shop, 7009 Lundy's Lane (between Brookfield and Mouland)- The report recommends that Council approve the site plan on display at tonight's meeting, being a proposed muffler shop and the site plan being drawing number SN-iO1 dated December 20th, 1984, as amended, and filed with the Buildings and Inspections Department of the City of Niagara Falls on January 23, 1985, and that such approval be subject to the conditions outlined in the report- His Worship Mayor Smeaton advised that the residents in the immediate area had attended a meeting with the Site Plan Committee, and further, that there appeared to be no objections- ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted- The motion Carried with the following vote: AYE: Aldermen Baker, Chessman, Coville, Cummings, Hinsperger, Janvary, Keighan, Kerrio, Merrett, Orr, and Somerville. NAYE: Alderman Puttick. No. 41 - Chief Administrative Officer - Re: Agreement with Chapman Murray Associates for the Queen Street Commercial Area Improvement Program (C.A.I.P. 2) bordered by Park, Market, Erie, Huron and Ontario Streets. The report recommends that Council approve a by-law which authorizes the execution of an agreement with Chapman Murray Associates to provide landscape architectural services for the preparation of the Queen Street Redevelopment Plan C.A.I.P- 2). ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-la~ No. 85-15. No. 42 - Hazardous Waste Steering Committee - Re: Hazardous Waste Research Team. The report recommends that Mr. Michael G. Fartell and Ms. Mary L. Simpson be hired as research assistants for the City's Hazardous Waste Research Group. A brief discussion followed regarding the procedure being followed in this matter, the need for a full complement on the Research Team, the political issue, and the necessity for continuing the research and study- ORDERED on the motion of Alderman Coville, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Chessman, Coyills, Cummings, Hinsperger, Janvary, Keighan, Kerrio, Merrett, Orr~ and Somerville- NAYE: Alderman Puttick- No. 43 i Chief Administrative Officer - Re: Proposed Sale of 10 Foot Wide Strip of Land (Unopened Walkway 48(3) running northerly from McLeod Road to Walkway 48(2) between Village Crescent and Frontenac Street. The report recommends that Council pass the by-law on tonight's agenda to authorize the sale of parts of the above strip of land to abutting owners. ORDERED on the motion of Alderman Orr~ seconded by. Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 85-17. No. 44 - Chief Administrative Officer - Re: Unopened Road Allowance Between Gore Lots 3, 4, and 5, and Township Lot 5, East of Dorchester Road, North of Mountain Road. The report recommends that Council pass the By-law appearing later on the agenda to authorize the execution of a licence agreement between the City of Niagara Falls and Alvin and Susan Voth to use part of the above road allowance. 4 -4- Alderman Cummings declared a conflict of interest because he is a member of an Association with property in the area. ORDERED on the motion of Alderman Coville, seconded by Alderman Kerrio, that the report be received and adopted. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded, and all others voting in favour. See By-law No. 85-19. No. 45 - Finance Committee - Re: Finance Committee Reports. The report recommends the following: 1) Association of Kinsmen Clubs - - That the request of the Association of Kinsmen Clubs for advertising in Kin Magazine be denied; 2) ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinspsrger, that the report be received and adopted. Carried Unanimously. AMO Membership fee for 1985 - - That the Association of Municipalities of Ontario membership fee for the year 1985 in the amount of $3,260.48 be approved. 3) ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. Tax Roll Adjustments 1984 - - That the tax roll adjustments for 1984 be accepted as outlined in the report. 4) 5) 6) ORDERED on the motion of Alderman Orr, seconded by Aiderman Janvary, that the report be received and adopted.. Carried Unanimously. Tax Status at December 31, 1984 - - That the report onthe. Statue of Taxes at December 31, 1984 be received and filed. ORDERED on the motion of Alderman Coville, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. 1985 - 89 Capital Budget - - That the 1985 - 89 Capital Budget as reviewed by the MunicipaFWorks Committee and Finance Committee be adopted as presented. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. Request for appointment of a Town Crier - - That Council officially appoint Mr. Paul Baillie as Town Crier with an upset limit of $1,200.00 for 1985 to be supported by invoices and that his activities be monitored by Alderman Janvary and the Recreation Department. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. - No. 46 Chief Administrative Officer - Re: 1985 Short Term Borrowing for Current Purposes. The report recommends that Council pass the by-law appearing on this evening's agenda to authorize temporary borrowing until the 1985 taxes have been levied and collected. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinaperger, that the report be received and adopted. Carried Unanimously. See By-law No. 85-21. No. 47 - Chief Administrative Officer . Re: Municipal Accounts. The report recommends that the accounts totalling $336,581.93 for the one week period ending Monday, January 28th, 1985 be approved by the passing of the by-law . appearing later on the ageride. - 5 - Alderman Cummings declared a conflict of interest on Cheque No. 06451 because a member of his family is involved in the program- Alderman Hinsperger declared a conflict of interest on Cheque No. 06431 because he is employed by the company- Additional information was provided on Cheques No. 06414, 06427, 06435, 06442, 06455, 06477, 06511, and 06533; and a report was requested on Cheque No. 06508. It was suggested that City Council be notified in future of any cheques questioned and withdrawn prior to submission of the report and by-law to Council. ORDERED on the motion of Alderman Orr, seconded by Alderman Kerrio, that the report be received and adopted. The motion Carried with Aldermen Cummings, and Hinsperger abstaining from the vote on Cheques No. 06451 and 06431, consecutively, on conflicts of interest previously recorded. No. 48 - Chief Administrative Officer - Re: Tussaud's Wax Museum Property and Encroachmerits on Lands to the Rear. The report recommends that Council approve the request of Maple Leaf Village Investments Inc. and pass the by-law listed on tonight's ageride providing for the termination of an encroachment agreement and the refund of deposit money. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried UnanimouslyL See By-law No. 85-18. No. 49 - Chief Administrative Officer - Re: 1985 Municipal Handbook- The report recommends that City Council authorize Staff to purchase an additional 500 ,,Municipal Handbooks" for distribution at a cost of $1,390.00. ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville, that the report be received and adopted. Carried UnanimouslY! RESOLUTIONS No. 5 - CHEESMAN - CUMMINGS - RESOLVED that pursuant to the Public Transportation and Highway Improvement Act, the Council of the Corporation of the City of Niagara Falls hereby requests an allocation of subsidy funds for public transportation in the amount of $16,748.00 for the Transit Operating Assistance Programme; AND the Seal of the Corporation be hereto affixed. Carrie~ Unanimously- No. 6 - CUMMINGS - COVILLE - RESOLVED that pursuant to the Public Transportation and Highway Improvement Act, the Council of the Corporation of the City of Niagara Falls hereby requests an allocation of subsidy for transportation for the physically disabled in the amount of $1,423.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously__- BY-LAWS ORDERED on the' motion of Alderman Gheesman, seconded by Alderman Merrett, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 85-14 - A by-law to authorize the application of moneys in a reserve fund ' for a purpose other than that for which the fund was established. No. 85-15 - A by-law to authorize the execution of an agreement with Chapman "" Murray Associates for the Queen Street Commercial Area Improvement Frogram (G.A.I.P. TWO) bordered by. Park Street, Ontario Avenue, Huron Street and Erie Avenue. 'No. 85-1.______j6- A by-law to authorize the execution of an agreement With Fruitbelt Trucking Inc. -6- No. 85-17 - A by-law to authorize the sale of land in Township Lot 173 of the former Township of Stamford to abutting owners. No. 85-18 - A by-law to authorize an agreement with Maple Leaf Village Investments Inc. No. 85-19 - A by-law to authorize a licence agreement with Alvin Voth and Susan Voth. No. 85-20 - A by-law to provide monies for general purposes. No. 85-21 - A by-law to authorize the borrowing of $10,000,000.00 for current expenditures for the year 1985. The motion Carried with Aldermen Keighan and Puttick voting contrary on By-law No. 85-14; Alderman Cummings abstaining from the vote on By-law No. 85-14 on a conflict of interest because he is employed by a company involved; Alderman Cummings abstaining from the vote on By-law No. 85-19 on a conflict of interest previously recorded in Report No. 44; Aldermen Cummings and Hinsperger abstaining from the vote on By-law No. 85-20 on conflicts of interest previously recorded in Report No. 47; and all others voting in favour. ORDERED on the motion of Alderman Hinspergsr, seconded by Alderman Baker, that the following by-laws be now read a second and third time: No. 85-14 - A by-law to authorize the application of moneys in a reserve fund for a purpose other than that for which the fund was established. No. 85-15 - A by-law to authorize the execution of an agreement with Chapman Murray Associates for the Queen Street Commercial Area Improvement Program (C.A.I.P. TWO) bordered by Park Street, Ontario Avenue, Huron Street and Erie Avenue. No. 85-16 - A by-law to authorize the execution.of an agreement with Fruitbelt Trucking Inc. No. 85-17 - A by-law to authorize the sale of land in Township Lot 173 of the former Township of Stamford to abutting owners. No. 85-18 - A by-law to authorize an.agreement with Maple Leaf Village Investments Inc. ~9' 85-19 - A by-law to authorize a licence agreement with Alvin Voth and Susan Voth. No. 85-20 . A by-law to provide monies for general purposes. No. 85-21 - A by-law to authorize the borrowing of $10,000,000.00 for current expenditures for the year 1985. The motion Carried with Aldermen Keighan and Puttick voting contrary on By-law No. 85-14~" Alderman Cunmings abstaining from the vote on By-law No. 85-14 on a conflict of interest previously recorded; Alderman Cmnmings abstaining from the vote on By-law No. 85-19 on a conflict of interest previously recorded; Aldermen Cummings and Hineperger abstaining from the vote on By-law No. 85-20 on conflicts of interest previously recorded; and all othera voting in fayour. NEW BUSINESS NIAGARA FALLS MINOR HOCKEY ASSOCIATION His Worship Mayor Smeaton referred to a handout communication from Niagara Falls Minor Hockey Association requesting that February 24th, 1985 be proclaimed "The Niagara Falls, Ontario NightIt for the game between the Buffalo Sabrea and the Los .Angeles Kings at the Buffalo Memorial Auditorium.. - 7 - The communication attaches a letter from the Buffalo Sabres providing information regarding the game between the Los Angeles Kings and the Buffalo Sabres on February 24th, 19853 a brochure which includes a 1984-85 Sabres Home Schedule and Crest- ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and the proclamation approved subject to established policy- Carried Unanimously- CONGRATULATIONS _ HONOURABLE FRANK MILLER, pREMIER-DESIGNATE Alderman Cummings suggested that a letter of congratulations should be forwarded to the new Leader of Ontario's provincial Conservative Party, the Honourable Frank Miller, premier-Designate- It was further suggested that a second letter should be forwarded to the premier-Designate with respect to the proposed location of an industrial waste site in the City of Niagara Falls and his public statement, made prior to the leadership convention, that he was not in favour of locating a waste facility in this City- ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that His Worship Mayor Smeaton write the aforementioned letters to the Premier- Designate- Carried Unanimously- NIAGARA PROMOTION ASSOCIATION Alderman Cummings discussed the excellenceof the work being done in the community by the Niagara Promotion Association, in particular, in connection 'wit~the Blossom Festival ~arade, and the recently held Miss Teen Niagara His Worship Mayor Smeaton advised that a letter of congratulations had been forwardedto the new bliss Teen Niagara, Sueanne Christie. QUALITY OF WATER - NIAGARA RIVER Alderman Cummings initiated a discussion regarding a recent article in the Toronto Star in connection with the quality of the water in the Niagara River and advised that this item was the first of a number of articles to be published on the subject. A motion was made by Alderman Cummings, seconded by Alderman Cheesman, that a letter be drafted inviting all Municipal Councils bordering both sides of the Niagara River to attend a meeting to discuss mutual problems respecting pollution of the river, and that the draft be brought back to Council for perusal- Following further discussion a motion to table took precedence- ' ORDERED on the motion of Alderman Keighan, seconded by Alderman Merrett, that the matter be tabled, and further, that His Worship Mayor Smeaton contact the Honourable Andy Brandt, Minister of the Environment, Mrs. Margherita Howe, and interested groups regarding their attendance at a meeting to discuss problems of pollution in the Niagara River. The motion Carried with the following vote: AYE: Aldermen Goville, Hinsperger, Janvary, 'Keighan, Kerrio, Merrett, Orr, Puttick, and Somerville- NAYE: Aldermen Baker, Chessman, and Cummings. PARK FUNDS - JOHN N. ALLAN PARK Alderman Merrett initiated a discussion regarding future funding for a park to be designated John N. Allan Park, which was referred to in a resolution approved by City Council at its meeting held January 21st, 1985, regarding the replacement of the park as well as escalating the development of George Bukator Park. He suggested that a parcel of land in the area, known as Stamford Park, might be developed as a replacement for John N. Allan Park. It was suggested that an Ad Hoc Committee might be formed to study the situation. Aldermen Cummings, Janvary and Merrett volunteered to participate on the Ad Hoc Committee, together with the Recreation Director. ~8- ORDERED on the motion of Alderman Janvary, seconded by Alderman Merrett, that an Ad Hoc Committee be formed to study the situation, together with the 5 Year Recreation Plan, and report to Council with recommendations prior to June 30th, 1985. Carried Unanimously. MOUNTAIN ROAD EXIT FROM Q.E.W. Alderman Merrett requested that the Engineering Staff investigate the matter of snow control, possibly in the form of snow fencing, at the top of Sand Plant Hill, at the Mountain Road exit from the Q.E.W., with particular attention to measures to be taken as well as the jurisdiction of the area~ i.e., Regional, M.T.C., or the City of Niagara Falls. BICENTENNIAL COMMITTEE REPORT Alderman Janvary advised that a report would be submitted from the Blcentennial Committee at the next meeting of City Council. It was moved by Alderman Cummings, seconded by Alderman Merrett, that the meeting adjourn. Carried Unanimously. READ AND WILL ;- SMEATON FIFTH MEETING REGULAR MEETING Council Chambers February 4, 1985 Council met on Monday, February 4th, 1985 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Aldermen Chessman, Kerris, and Puttick. His Worship Mayor Smeaton presided as Chairman, and offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, Seconded by Alderman Hinsperger, that the minutes of the meeting held January 28th, 1985, be adopted as printed- Carried Unanimously- PRESENTATIONS RETIREMENT WATCH - CAPTAIN ANDREW HUNTER His Worship M~yor Smea[on advised that Captain Hunter was unable to attend the meeting, and therefore, his Retirement Watch would be presented at a later date. Captain Hunter joined the Niagara Falls Fire Department in May 1955, completed 29 years of service, and retired on December 31st, 1984. He graduated from the Ontario Fire College in 1974, and over the years was very active in the Niagara Falls Fire Fighters Association, serving on many committees, as well as being president for several years. RETIREMENT WATCH - LEONARD BURKE His Worship Mayor Smeaton presented Leonard Burke with a Retirement Watch on behalf of City Council and the Municipality~ and offered congratulations and best wishes on his retirement. Mr. Burke began work with the Municipality in May 1961, and retired on September 30, 1984 after completing 23 years of service for the City. He was brought up in Quebec and enjoys frequent trips to Buckingham, Quebec, where he purchased an old school house and is renovating it for a summer cottage- RETIREMENT WATCH - EDWARD HUGHES His Worship Mayor Smeaton advised that a Retirement Watch would be presented to Edward Hughes at a later date since he was unable to attend the Council meeting. Mr. Hughes began work for the City in August 1952 and took an early retirement on September 30, 1984, with over 32 years of Municipal- service. The majority of those years were spent driving a sanitation packer. He is a baseball and football fan and enjoys watching the games on television. RETIREMENT WATCH - JAMES GIBSON , His Worship Mayor Smeaton advised that Mr- James Gibson was ill and unable to attend the meeting. He further advised that a Retirement Watch would be presented to Mr- Gibson at a later date. James Gibson commenced employment with the City on March 29th, 1949 and retired on Decamber.,3~, 1984 with a total of 35 years of service. He operated dump trucks, snow plows and road sanders for the Municipality for many years~ and during the summer months worked on the construction crew, often as Acting Lead Hand. Mr. Gibson qualified for a safe driving award under the Transportation Safety Association program with 27 years of safe drlvln8. He will Join other City drivers in March 1985, in receiving his safe driving pin at the Annual Safe Driver Awards Banquet in St. Catharines. -2 - RETIREMENT WATCH - SILVIO GARRITANO His Worship Mayor Smeaton presented Silvio Garritano with a Retirement Watch on behalf of City Council and the Community, with congratulations and best wishes on his retirement. Mr. Garritano retired January 31, 1985 after working for the Municipality for 28 years. During his first 16 years he worked in the Sanitation Department and in 1973 transferred to the Parks & Cemeteries Department as a Labourer. He is very interested in gardening and spends many hours tending his excellent garden of vegetables and flowers at his home. DEPUTATIONS "HEADS ABOVE WATER BENEFIT" Mr. Ron Whittaker, Niagara-on-the-Lake, addressed Council regarding the "heads Above Water Benefit" to be held Friday, February 8~h, 1985 from 6:00 p.m. to 1:00 a.m., in the ballroom of The Sheraton Brock Hotel. Mr. Whittaker stated that the proceeds from the event would be forwarded ~o the Ethiopian Drought Relief Fund through the Canadian Red Cross Society, and asked the support of Council in this matter. He discussed. the cultural entertainment, buttons and tickets donated for the Benefit. NEIGHBOURHOOD ENVIRONMENTAL WATCH (N.E.W.) 'Mr. Don Critelli, 5678 Woodland Boulevard, representing the Neighbourhood Environmental Watch, discussed the concerns of the group and its opposition to the location of toxic waste sites in the Niagara Region. He referred to past catastrophes in Germany, England, Italy, Spain, Mexico City, India, and the Love Canal in Niagara Falls, New York, as well as birth defects of children born in the vicinity of toxic waste dumps in Scotland and Wales, as supportive evidence that toxic, chemical, and hazardous waste sites should not be located near populated areas. Mr. Critelli discussed the safety measures which should be taken by the O.W.M.C. and commended Council for allocating funds to oppose the location of an industrial waste site in this Municipality. He discussed the petition with 2,000 signatures and the need for petition volunteers. His Worship Mayor Smeaton and Alderman Dons Coville, Chairman of the' Hazardous Waste Steering Conunittee signed the petition. Mr. Critelli advised that he wished to return to Council in 6 weeks. Mayor Sineaton expressed appreciation to Mr. Critelli for his efforts. COMMUNICATIONS ' No. 31 - Charles M. Kray, Solicitor - Re: Part 9, Reference Plan 59R-4249, Warner Road. The communication refers to the rejection of an offer to purchase the property for $2,500.00 made on behalf of John Dancevic; discusses the plans of Mr. Dancevic, the adjacent owner to build on the property, thereby providing additional property assessment to the City; and the possibility of modifying the appraised value of $7,000. The Chief Administrative Officer reviewed the circumstances with the aid of a projected sketch of the subject land, discussed the conditions affecting the appraised value, and the policy of Council to sell property for appraised value. He advised that several nearby parcels have been sold at the appraised value, and recommended that the subject property be sold at the appraised ORDERED on the motion of Alderman Cummings, seconded by Alderman 0rr, that the communication be received and filed. Carried Unanimously. No. 32 - Regional Niagara Public Works Department . Re: Water/Sewage Flows by Municipality~ Monthly Report. The communication attaches the aforementioned monthly report for December 1984. ORDERED on the motion of Alderman Cummings, seconded by Alderman Herrerr, that the communication be received and filed. Carried Unanimously. -3 - No. 33 - Regional Municipality of Niagara - Re: 1985 Water Rates. The communication attaches By-law 3812-85 entitled, "A By-law to Fix the Rates to be Charged for Water Supplied to Area Municipalities During the Year 1985" for the information of Council. The Chief Administrative Officer provided comparable statistical data in the form of 1984 Water Rates. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. No. 34 - Regional Municipality of Niagara - Re: 1985 Sewage Rates. The communication attaches By-law 3813-85 entitled, "A By-law to Fix the Rates to be Charged for Sewage Received from Area Municipalities During the Year 1985". The Chief Administrative Officer discussed comparable statistical information for 1984 Sewage Rates. ORDERED on the motion of Alderman Orr, seconded by Alderman Merrett, that the communication be received and filed. Carried Unanimously. No. 35 - City of Thunder Bay - Re: Municipal Election Resolution. The communication requests that Council endorse a resolution tO amend The Municipal Elections Act with respect to Polling Day. The City Clerk explained that the proposal would extend, by one week, the period of time without authority for financing, and the suggested amendment would cause difficulty for the provincial enumeration made every 3 years at the time of the election to be completed in order to supply the Voters' Listzfor reproduction- ORDERED on the motion of Alderman Curmnings, seconded by Alderman Coville, that the communication be received and filed. Carried Unanimously__- No. 36 - Ontario Secondary School Teachers' Federation - Re: Information Foram. The communication invites two representatives of Council to attend the OSSTF Information Foram scheduled for February 18, 1985 at the Old Stone Inn, Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman 0rr, that the communication be received and filed. It was further recommended that any interested Council members should contact the Clerk!s Department- Carried Unanimously- No. 37 - Peninsula Field Naturalists - Re: Federal Budget Cuts - Monitoring Toxic Chemicals in herring gull eggs. The communication refers to the recent Federal budget cuts and the elimination of the monitoring of toxic chemicals in herring gull eggs in the Great Lakes; and asks Council to write the Prime Minister, the Minister of the Environment and local Member of Parliament to request "the fully operational return of this programme"- ORDERED on the motion of Alderman Cummings, seconded by Alderman Coyills, that the con~nunication be received and the request approved. Carried Unanimously. REPORTS No. 50 - Chief Administrative Officer - Re: Deeds for One-Foot Reserves at Dorchester Road and Woodgate Street, Parts 10 and 11, Plan 59R-4114, from the City of Niagara Falls to the Regional Municipality of Niagara. The report .recommends that the by-law appearing on tonight's agenda to authorize the transfers of Parts 10 and 11 in accordance with Plan 59R.41.14~ be approved. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See B~-law No. 85-22. No. 51 - Chief Administrative Officer - Re: Fire Alarm Receiving Equipment at Morrison Street Fire Hall. The report recommends that Council approve the termination of the agreement with Dominion Electric Protection Company (A.D.T.) of Toronto to supply Sprinkler Supervisory and Fire Alarm Receiving Equipment in the City of Niagara Falls Fire Halls and pass the by-law appearing on tonight~s agenda to authorize a new agreement with Peninsula Communications of Niagara Falls to supply a similar service with newer technology and equipment. ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan, that the report be received and adopted. Carried Unanimously. See B~-law No. 85-29. -4- No. 52 - Buildings & Inspections Department - Re: 1984 Yearly Report. The report provides information regarding the structure of the department, City owned buildings and activities during 1984. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and filed. Carried Unanimously. No. 53 - Chief Administrative Officer - Re: Site Plan Approval - proposed expansion to the Rapids Motel, 4029 River Road (between Ferguson Street and Glenview Avenue). The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed hotel, and the site plan being drawing number A1 dated October 1984, and filed with the Buildings and Inspections Department of the City of Niagara Falls on January 30th, 1985, and that such approval be subject to the conditions contained in the report. The Director of Buildings & Inspections explained the proposal with the assistance of a posted sketch, discussed the location and zoning, and stated that a site plan agreement could be completed at any time. The Chief Administrative Officer referred to information in the Background data of the report with respect to the sale of the laneway which has not been completed. ORDERED on the motion of Alderman Baker, seconded by Alderman Hlnsperger, that the report be received and adopted. Carried Unanimously. No. 54 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $252,001.10 for the one week period ending February 4th, 1985 be approved by'the passing of the by-law appearing later on the agenda. Alderman Hinsperger declared a conflict of interest on Cheque No. 06547 because he is employed with the company. Additional information was provided for Cheques No. 06556, 06583, and 06598. Mayor Smeaton advised that Mr. Gabs Mallouk, Chairman of the Downtown Board of Management would be asked to provide a report to Council with respect to parking meters on Queen Street, referred to in the discussion on Cheque No. 06583. ORDERED on the motion of Alderman Keighan, seconded by Alderman Coville, that the report be received and adopted. The motion Carried with Alderman*- Hinsperger abstaining from the vote on a conflict'of interest on Cheque No. 06547 as previously recorded, and all others voting in. favour. No. 55 - Chief Administrative Officer - Re: Encroachment _ 5046 St. Lawrence Avenue. The report recommends that the application for the passing of a by-law to permit the continuation of the encroachment of a dwelling upon the St. Lawrence Avenue road allowance 'be. approVed and the necessary by-law be enacted by Council. ' · There was no response to Mayor Smeaton~s request for comments from persons present. ORDERED on the motion of Alderman Baker, seconded by Alderman Gurmnings, the report be received and adopted. Carried Unanimously. that See By-law No. 85-25. No. 56 - Chief Administrative Officer . Re: Encroachment _ 4622-4624 Ontario Avenue. The report recommends that the application for the passing of a by-law to permit the continuation of encroachments of a building upon the Ontario Avenue road allowance be approved, and the necessary by-law be enacted by Council. A response was not received to Mayor $meatone8 request for comments from persons present in connection with the matter. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cum~ings~ that the report be received and adopted~ Carried Unanimously. See By-law No. 85-26. No, 57 - Chief Administrative Officer . Re: Encroachment _ 4712 Zimmerman Avenue, The report recommends that the application for the passing of a by-law -5 - to permit the continuation of the encroachment of a dwelling upon the Zimmerman Avenue road allowance be approved, and the necessary by-law enacted by Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously- See By-law No. 85-27. No. 58 - Bicentennial Committee - Re: Ontario's Bicentennial Year. The report provides information with respect to actions taken by the Committee, and activities co-ordinated and promoted during the Bicentennial Year of 1984. His Worship Mayor Smeaton expressed appreciation to Alderman 3anvary for her efforts on the Committee, and the report. He exhibited a Certificate received from the provincial Government to the City of Niagara Falls in appreciation of the Bicentennial Year celebrations in this Municipality- ORDERED on the motion of Alderman Janvary, seconded by Alderman Merrett, that the report be received and filed. 'Carried Unanimously- BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that leave be granted to introduce the following byelaws, and..the. by-laws be read a first time: No. 85-22 - A by-law to authorize the conveyance of certain one foot reserves to The Regional Municipality of Niagara.(Dorchester Rd. & Woodgate Street)- No. 85-23 - A by-law to amend By-Law No. 3790, being a By-law for the regulation of traffic~ (Falls Avenue)- No. 85-24 - A by-law to appoint Paul 3. Baillie Official Town Crier of the City of Niagara Falls. No. 85-25 - A by-law to allow the maintaining and using of a building which encroaches on St. Lawrence Avenue- (5046 St. Lawrence Ave.)- No. 85-26 - A by-law to allow the maintaining and using of a building which encroaches on Ontario Avenue~ and an agreement with Joseph Lewis with respect thereto- (4622-4624 Ontario Ave.). No. 85-27 - A by-law to allow the maintaining and using of a building which encroaches on Zimmerman Avenue- (4712 Zinunerman Ave.). No. 85-28 - A by-law to authorize an application for the closing of the lane shown on Registered Plan No. 8 for the Gity of Niagara Falls, now known as Plan No. 306. No. 85-29 - A by-law to authorize the execution of an agreement with Peninsula Communications Inc. (Fire Alarm Receiving Equipment.)- No. 85-30 - A by-law to provide monies for general purposes. The motion Carried with Alderman Hinsperger abstaining from the vote on By-law No. 85-30 on a conflict of interest previously recorded in Report No. 54, and all others voting in fayour. ORDERED on the motion of Alderman GuRuRings, seconded by Alderman Coville, that the follo~ing by-laws be now read a second and third time: No. 85-22 - A by-law to authorize the conveyance of certain one foot reserves " to The Regional Municipality of Niagara. ~9.' 85'22.' A by-law to amend By-Law No. 3790, being a By-law for the regulation of traffic. -6 - - 7 - No. 85-24 - A by-law to appoint Paul J. Baillie Official Town Crier of the City of Niagara Falls. No. 85-25 - A by-law to allow the maintaining and using of a building which encroaches on St. Lawrence Avenue. No. 85-26 - A by-law to allow the maintaining and using of a building which encroaches on Ontario Avenue~ and an agreement with Joseph Lewis with respect thereto. No. 85-27 - A by-law to allow the maintaining and using of a building which encroaches on Zimmerman Avenue. No. 85-28 - A by-law to authorize an application for the closing of the lane shown on Registered Plan No. 8 for the City of Niagara Falls, now known as Plan No. 306, No. 85-29 - A by-law to authorize the execution of an agreement with Peninsula Communications Inc. No. 85-30 - A by-law to provide monies for general purposes. The motion Carried with Alderman Hinsperger abstaining from the vote on By-law No. 85-30 on a conflict of .interest previously recorded, and all others voting in favour. NETS FOR ARENAS NEW BUSINESS GOMMUNITY JUSTICE WEEK IN ONTARIO Alderman Janvary advised that Community Justice Week in Ontario was being scheduled for the week of April 14th to 20th, 1985, and requested volunteers to assist the Civic Committee in planning activities for the event- Alderman Hinsperger volunteered to participate. It was moved by Alderman Hinsperger, seconded by Alderman Cummings, that the meeting adjourn- READ AND ADO~P/TED- J~_GITY CLERK' MAYOR S. SMEATON Alderman Cummings initiated a discussion regarding the feasibility of installing magnetized nets in the Arenas. This matter had been referred to Staff at an earlier meeting.' Alderman Hinsperger stated that the Minor Hockey Association was in fayour of the nets. Alderman Cummings discussed the development of a "V" shaped hockey net and suggested that this item might be investigated at the same time. It was agreed that a report would be submitted on this matter. GREEN OAKS MOBILE HOMES LTD. Alderman Baker initiated a discussion with respect to the Green Oakes Mobile Homes Trailer Park and requested a report regarding improvements made to the park in recent months, as well as the results of inspections for the 1985 permit. .,. AD HOC COMMITTEE/PARK FUNDS Alderman Keighan referred to a discussion at the last meeting of Council in connection with future funding for a park to be designated John N. Allan Park, and the formation of an Ad Hoc Committee to study the matter. He volunteered to act on the Committee. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that Alderman Keighan be authorized to participate with Aldermen Cummings~ Janvary and Merrett on the Ad Hoc Committee. Carried Unanimously. CANADIAN ENVIRONMENTAL LAW ASSOCIATION/WORKSHOp Alderman Coyills referred to a Workshop scheduled for February '22nd, 1985 in the Ontario Room, Queen's' Park, Toronto, being sponsored by the Canadian Environmental Law Association and expressed her desire to attend the Workshop with a member of th~ Hazardous Waste Steering Committee. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that Alderman Coyills and a member of the Hazardous Waste Steering Committee be authorized to attend the ~a~rkahop in Toronto on February 22nd~ 1985. Carried Unanimously. ANNUAL MEETING - SOCIAL PLANNING COUNCIL Alderman Cummings extended an invitation to all members of Council and interested residents to attend the Annual Meeting of the Social Planning Council scheduled for Tuesday~ February 5th~ 1985, SIXTH MEETING pLANNING/REGULAR MEETING Council Chambers February 11, 1985 for the purpose o~ i ~ Council met on Monday, February llth, 1985 at 7:30 p.m. -: considering Planning Matters and general business- All members of Council were present with the exception of Alderman Somerville. His Worship Mayor Smeaton i presided as Chairman- Alderman Puttick offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the minutes of the meeting held February 4th, 1985, be adopted as printed- Carried Unanimously. pRESENTATION MR. RAY THOMPSON, & THE SKYLON TOWER On behalf of the City Council and the City of Niagara Falls, His Worship Mayor Smeaton presented a Plaque to Mr. Ray ~nompson, Manager~ Skyion Tower, and to the Skylon Tower, in appreciation of the many years of service to the community in organizing and sponsoring the Skylon International Marathon- REPORTS - pLANNING MATTERS No. 59 - (PD/~6/85) - Chief Administrative Officer - Re: AM-17/84 Zoning By-law amendment application- Applicant: Forest Glen Estates (Niagara) Ltd.; Agents: R. J- Matthews and B. Sinclair; Location: North side of Thorold Stone Road, east of Kalar Road. The report recommends the following: 1) That Council support the proposed application on the basis of a site specific zoning by-law being prepared, incorporat.ing the upgraded zoning regulations noted in the attachments; 2) That the lands be placed under Site Plan Control to ensure proper control of site design, implementation of storm water management features, parking locations. and distribution, and phasing of development; and further that a one foot reserve be established along the north boundary of Forest Glen Drive to preclude the development of apartment land uses until the water supply system is improved; 3) That. Council's endorsation of the rezoning application be referred to the Ontario Municipal Board. As requested by Mayor Smeaton, the City Clerk advised that the application proposes to amend By-law No. 79-200 from Development Holding and Hazard Land Zones to a use that would permit the development of 2 sixplex lots, 11 fourplex lots, and 2 blocks for the development of up to 6 five-storey apartment buildings, containing approximately 150 apartment units- He further advised that Notice of the Public Meeting was forwarded by first class mail on January 10th, 1985. Mayor Smeaton explained the procedure of the Public Meeting, and requested that all persons wishing to receive further notice of the passing of the by-law should submit their names and addresses to the City Clerk prior to leaving the meeting · The Planning Director, with the assistance of posted sketches, reviewed the historical data concerning the application, and demonstrated the subject land in terms of past, present and future use. He discussed the suitability of the site for the variety of proposed residential land uses, and gradation of dwelling types and densities- The Planning Director discussed the proximity of the apartment zone to the Shriner's Greek open space area'which enhances the aesthetic appeal of the subdivision and the land use relationshipS. He indicated that the lot area proposed for the smallest of the fourplex and sixplex lots is greater than the minimum single family lot requirements currently established for an R2 and R1E Zone· The Planning Director further discussed the Official Plan and · qecondary Plan policies which were addressed and resulted in revisions to the -2 - proposed draft plan to ensure conformity with both Plans. The Planning Director reviewed information contained in the Technical Report with respect to the proposed amendment. He recommended approval of the zoning application with the suggested higher zoning standards; site plan control with respect to storm water management, design of parking, and one foot reserve previously mentioned; and subject to the approval of the Ontario Municipal Board. Mayor Smeaton requested comments from persons in support of the amendment other than the applicant. No response was received. In response to Mayor Smeaton's request for comments from persons opposed, Miss Jean Grandoni, 4810 Garner Road, expressed the opinion that the suggested change in the zoning of hazard lands was premature; referred to the location of the fill lines in relation to the proposed apartment buildings; and stated that the drainage through nearby farmlands would result in spring run-off conditions. She discussed the woodlot and animal population, and referred to the Secondary Plan in connection with the provision of parkland for subdivisions in the area. Miss Grandoni advised that she was "totally against this development". Mr. Brian Sinclair, Solicitor, addressed COuncil on behalf of the applicant. He advised that the proposal conforms to the intent and purpose of the Northwest Secondary Plan and Official Plan and indicated the reduction in the original proposal. Me discussed the required minimtun lot area and greenery, and stated that the proposal exceeds the minimum requirements by a substantial amount. Mr. Sinclair further discussed the necessity of meeting the requirements of the City and the Region with respect to servicing of the development, and indicated that his clients would be in agreement with the proposed Site Plan Control. He stated that Mr. Matthews was in attendance at the meeting to respond to enquiries. The Planning Director replied to questions raised regarding the number of apartment units, the vacancy rate in the area, the number of applications to build, ~s well as available and required parkland. He stated that the matter of under-development of parks in the area was being addressed. The Director of Municipal Works replied to questions raised regarding expansion renewal charges. He stated that the rate would be determined at the time of the Site Plan development. Mr. Sinclair advised that his clients--would have to pay a reasonable amount for these Charges, and that this matter could be "worked out" with City Staff. The Director of Municipal Works advised that the existing policy was currently under review. Further discussion followed respecting the adequacy of the water supply, the "aesthetics" of the properties ironring on Thorold Stone Road, maintenance, apartment height, and the rezoning of the hazard land area. Mr- Sinclair stated that his clients were in agreement with the requirements contained in the Technical Report, referred again to the proposed landscaped open space of 60% rather than the minimum requirement of 30%, and further stated that this would be a "beautiful subdivision.. No response was received to Mayor Smeaton's request for further comments or questions~ and he declared the Public Meeting closed. ORDERED on the motion of Alderman Merrett, seconded by Alderman Keighan, that the report be received and adopted. Carried Unanimously. REGULAR MEETING REPORT It was agreed that the following report be brought forward. No. 60 - Mayor Smeaton _ Re: Le Cirque do Soleil. The report recommends that the Niagara Falls Memorial Arena parking lot and electrical services be made available to le Cirque du Solell, at no cost to the City, from Saturday~ August 17th, to Monday, September 2nd, 1985, providing the residents in the area are surveyed sad agreeable. -3 - Mr. Marc Boudreau, Advisor of Cultural Affairs for the Quebec Government Office, advised of the past tours of the circus in Quebec, and future plans for National touring as well as coverage by the Canadian Broadcasting COrporation, He referred to possible noise or annoyance, and stated that there would not be animals in this circus. Mr. Boudreau discussed the creation of jobs for 20 local young people, that employees would not be living on site but that someone would be on site at all times, and that there would be one caravan on the site for administrative purposes. The Recreation Director stated that the best location for the circus was the Niagara Falls Memorial Arena parking lot where required services were available- He expressed concern regarding the proximity of the proposed site to residences in the area, and referred to the results of an investigation in this regard, as well as the suggestlop of a time limit set for 11:00 p.m. The Recreation Director referred to the possibility of dual events at the location and suggested that the matter could be resolved- He discussed the accommodation of 80 people connected with the circus, the employment of local persons, and the condition that area residents be surveyed- The Recreation Director expressed the opinion that noise should not be a problem- A discussion ensued regarding the possibility of other events taking place at the location during the suggested time, the show time schedule, service and concession facilities, cost of admission with proceeds going to the circus, the assistance of the Quebec GOvernment Office, and the financial costs being paid by Ontario Place which is presenting the circus immediately prior to Niagara Falls- Further discussion followed with respect to the anticipated revenue from the event, book audit, subsidies from the Quebec and Federal Governments, and insurance coverage- The Chief Administrative Officer suggested that approval of the circus shouldbe subject to the applicant providing satisfactory insurance to the Municipality in order that the Municipality is protected- ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerrio, that the report be.received and approved in principle, and that the matter be referred to Staff for a detailed report- Carried Unanimously- REPORTS - PLANNING MATTERS No. 61 - (pD/14/85) - Chief Administrative Officer - Re: Amendment No. 15 Regional Niagara Policy Plan. The report recommends the following: 1) That the Ministry of Municipal Affairs & Housing be advised that the City of Niagara Falls has no objections to Regional Official Plan Amendment No. 15 regarding Group Homes; 2) That a copy of this report be forwarded to the Ministry for information purposes. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Msrrett, that.the report be received and adopted, and further, that a copy be forwarded to the Social Planning Council. Carried UnanimoUsly- . No. 62 - (pD/15/85) - Chief Administrative Officer - Re: Request for Building Permit, Reference Plan 59R-2627, Lots 1 and 8, Mi.ller Road and Willoughby Drive- The report recbmmends that the request for a Building Permit for Lots 1 and 8 of Plan 59R-2627 be approved subject to an agreement being entered into with the owner of the subject lots relative to the City~s -requirements prior to the issuance of said Building Permit. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Gorilla, that the report be received and adopted. Carried UnanimoUsly- No. 63 - (pD/17/85)- Chief AdministratiVe Officer ~ Re:' Conformity with Regional Policy. Plan - Zoning By-laws - Townships of Willoughby~ Growland and Humberstone. The report recommends the following: 1) That Staff be directed to prepare Zoning By-law amendments for the Willoughby and Growland areas for the purposes of eliminating significant aspects of non-conformity between existing by-laws'and the Regional and Municipal Official Plans as outlined. in this report.. 2) 3) The Planning Director explained the immediate need for the suggested action which is an "interim zoning approach", and discussed the areas of concern- ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously- the - 4 - That Staff be directed to circulate appropriate notice of the proposed by-la. (b) That two members of Municipal Works be authorized to attend amendments in accordance with the rules and procedures of the Ontario Municlt Municipal Engineers Association Annual Meeting; (c) That Alderman N. puttick attend the Conference on behalf of Council- Board; . conflict of interest in connection with the That a public hearing regardinS the proposed amendments be scheduled to permi ~ public and agency input and consideration of the amendments by Council. ! Alderman CunBaings declared a first Item because he is a member of an Association which mightbe affected. ORDERED on the motion of Alderman Rinsperger, seconded by Alderman Chessman, that the report be received and adopted- The motion Carried with Alderman Cummings abstaining from the vote on Item No. 1 on a~t of interest pre- i viouslY recorded, and all others voting in fayour- (l) Changes in Level of Flood protection; ( The report recommends the following: Changes in Level of Flood Pr°tecti°ns%andard of the 'lone in one hundred year storm" criteria as the level of flood protection; (b) That the Regional Municipality of Niagara be requested to act as the initiating municipality to coordinate requests to the Minister of Natural Resources for reduction in the level of flood protection, subject to the establishment of a co°rdinating-committee with repre- sentation from the area municipalities; (c) That the Minister of Natural Resources be requested to register current £ill lines on Ten Mile, Shriners, and Beaverdams Creeks- COMMUNICATIONS ~ Soil - re nested to assume t nva ' Thaiadiction over the regulatxo jut V. BARBARINO - OPERATION OF THE HUMANE SOCIETY - REPORT OF CHIEF ADMINISTRATIVE OFFICER No. 64 - Chief Administrative Officer - Re: Proposed reply to V. Barbarino re operation of the Humane Society- The report refers to questions raised by Mr. V. Barbarino at a previous Council meeting, and recommends that Council approve the attached reply to the inquiry received from Mr. V. Barharino. Mr. Barbarino was in attendance and was given a copy of the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted- Carried Unanimously- No. 38 - Ontario Federation of Agriculture - Re: Wetlands. The communication expresses concern regarding Ministry of Natural Resources~ proposals to protect wetlands in the Province under the provisions of the Planning Act. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the con~nunication be received and referred to Staff for consideration. Carried Unanimously. No. 39 - City of Niagara Falls Non-Prof it Mousing Corporation - Re: 45 Unit Housing Project. The communication advises that the Honourable Claude F. Bennett, Minister of Municipal Affairs & Mousing had forwarded the info.~mation that allocation had been provided from the Ministry for the development of the Non-Profit Mousing Corporation's project in 1985. ORDERED on the motion of Alderman Cummings, seconded by Alderman Gorilla, that the communication be received and filed, and further, that a copy be forwarded to the Social Planning Council. Carried Unanimously. No. 40 - Niagara District Airport Conmission - Re: Budget 1985. The communication attaches the Commiasion's proposed Budget for 1985 aa well as the audttor's statement for consideration and acceptance. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the communication be received and referred to the Finance Committee for consid- eration during budget discussions. Carried Unanimously. REPORTS No. 65 - Municipal Works Committee - Re: Mountain Road Sanitary Landfill Site, Hydrogeologic Impact Study - Phase III- AND - Ontario Good Roads Association. The report recommends the following: l) Mountain Road Sanitary Landfill Site - Hydrogeologic Impact Study - Phase Ill- (a) That the services of 'Morrison Beatty Limited be engaged to undertake additional hydrogeological investigations requested by the. Ministry of the Environment for the purpose of evaluating the potential leachate impact on the bedrock aquffer at the Mountain Road Sanitary Landfill Site, at an estimated cost of $27,000 plus the cost of attending meet- ines requested by either the Ministry or the City of Niagara Falls; ' (b) That a by-law he prepared, authorizin8 the Clerk and ·Mayor to sign an Engineering Agreement 'for this work with the consultants. 2) Ontario Good Roads Association - (a) That two members of Municipal ~rks and one member of Council be authorized to attend the O.G.R.A. Conference; Release of Lo the·above subdi he ~b) That the lot grading deposit of $3,8 City's Lot Grading policy- by Alderman Merrett, that the report be received and adopted- _ Munici al Works Committee - Re: (1) Road Reconstruction on Buchanan No- 67 ~on Street; (2) Sewage Disposal System - at Lundy's Lane CemeterY~ Avenue fr Wal~er Bros. Quarries; (3) City Float; (~) Fence (5) Environment Canada - Used Motor Oil Recovery Program; (6) CN Crossing Maintenance Cost. The report recommends ~hat the attached reports he received and filed for information' seconded by Alderman Baker, that the Chief Administrative Officer - Re: Temporary Road Closure of Valley · e. The report recommends that the by-law report be received and adopted- No. 68 - ~nu closing of Way from appearing on tonight's Gouneit Agenee, authorizing the temporary Valley Way from portage Road to Stanley Avenue, commencing on February 12, 1985, Alderman Merrett, that ORDERED 0n the motion of' Alderman Cummings seconded by the report be received a~d adopted* Carried ...... Unanim~ ouslY! See B -law No. 85-32- Re: plumbing and Sewer permit Fees- s 69 -.Chief Administrative Officer - approve the by-law appearing on tonight' No. ~il and sewer permits. The repor report be received and adopted- ~ee B ,law No, 85-31. -6 - No. 70 - Chief Administrative Officer - Re: Municipal Accounts. The report reconm]ends that the accounts totalling $232,068.65 for the one week period ending February llth, 1985 be approved by the passing of the by-law appearing later on the ageode. Alderman Cummings declared a conflict of interest on Cheque No. 06639 because he is employed with the firm; and on Cheque No. 06664 because a merebar of his family is involved in the program. Alderman Hinsperger declared conflicts of interest on Cheques No. 06633, and No. 06781 because he is employed by the company. Additional information was requested for Cheques No. 06644, and No. 06730. The Chief Administrative Officer advised that Cheque No. 06641 would be held up for additional information. ORDERED on the motion of Alderman Merrett, seconded by Alderman Janvary, that the report be received and adopted. The motion Carried with Aldermen Cu~ings and Hinsperger abstaining from the vote on conflicts of interest on Cheques No. 06639, 06664, 06633, and 06781 consecutively, as previously recorded; and all others voting in fayour. RESOLUTIONS No. 7 - CHEESMAN - CUMMINGS - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby petitions for Subsidy under the provisions of the Public Transportation and Highway Improvement Act on expenditures made during the year 1984 in the amount of $4,723,003.71; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 8 - CHEESMAN - CUMMINGS - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby authorizes and directs the establishraent of reserves for projects and purchases as described on Schedule cA" hereto; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Curfmings, seconded by Alderman Chessman, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 85-31 - A by-law to amend By-law No. 6328, 1963, as amended, being the Plumbing By-law. .No. 85-32 - A by-law to temporarily close part of Valley Way from Stanley Avenue to Portage Road. No. 85-33 - A by-law to provide monies for general purposes. The motion Carried with Aidemen Cunmings and Hinsperger abstaining from the vote on By-law No. 85-33 on conflicts of interest previously recordedin Report No..70; and all others voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ke~ghan, that the following by-laws be now' read a second and third time: .Np.., 85-31 - A by-law to amend By-law No. 6328, 1963, as amended, being'the Plumbing By-law. No. 85-32 - A by-law to temporarily close part of Valley Way from Stanley Avenue to Portage Road. ,No. 85-33 - A by-{aw to provide monies for general purposes, .y - 7 - The motion Carried with Aldermen Cun~nings, and Hinsperger abstaining from the vote on By-ilw No. 85-33 as previously recorded; and all others voting in favour- NEW BUSINESS EMPLOYEE BENEFIT INSURANCE The Chief Administrative Officer referred to a recommendation made earlier today by the Finance Committee that approval be granted to appoint Richardson & Associates, First Niagara Insurance Brokers, Mossy & Mossy Insurance Agency Ltd. and Ball-Harrison as Agents of Record for the purposes of submitting quotations on providing employees benefits consisting of Life Insurance, A. D. & D., Hospital, Dental & Extended Health Care; providing that the existing coverage remain in force and effect until a decision on this matter is reached by City Council. Alderman 3anysty declared a conflict of interest because her husband is involved in dental care. Alderman Merrett declared a conflict of interest because he is a member of the insurance profession- ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger~ that the recommendation of the Finance Committee be received and adopted. The motion Carried with Aldermen Janvary, and Merrett abstaining from the vote on conflicts of interest previously recorded, and with the following vote: AYE: Aldermen Baker, Coyills, CuntmingS, Hinsperger, Keighan, and Orr, NAYE: Aldermen Cheesman~ Kerrio, and Puttick- MUNICIPAL ENERGY AUDIT PROGRAM The Chief Administrative Officer referred to a report which had been approved by the Finance Committee at its meeting earlier today. The report recommends that Council approve an application to the Ministry of Municipal Affairs and Housing for funding to contract the services of an energy auditor for a one-year period in accordance with the terms of their Municipal Energy Audit Program (MEAP)- The Chief Administrative-Officer discussed information contained in the Background of the report- ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. INFORMATION FOR COUNCIL ITEMS Alderman Puttick initiated a discussion regarding Information for Council items being included in the Agendas for Council members- ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that Council members continue receiving Information for Council material- The motion Carried with the following vote: . AYE: Aldermen Baker~ Chessman, Coville~ CuimningsJ Htnsperger, Janvary, Keighan, Kerrio, .Merrett, and 0rr. NAYE: Alderman Puttick. KINSMEN CLUB OF NIAGARA FALLS/PROCLAMATION His Worship Mayor Sineaton referred to a con~nunication from the Kinsmen Club of Niagara Falls requesting that Council proclaim the week of February 17th to 23rd, 1985, ,'Kinsmen Week", and in particular the 20th of February as "Kinsmen Day". ORDERED on the motion of Alderman Cun~nings, seconded by Alderman Coyills, that the request be approved subject to established policy. Carried Unanlmou.sl~.. MAGNETIZED NETS IN ARENAS Alderman Cun~nings referred to a previous request for a report concerning magnetized nets being installed in the Arenas. He asked that the report be submitted at the next meeting of City Council. -8- ONTARIO SECONDARY SCHOOL TEACHERS' FEDERATION/MEETING His Worship Mayor Smeaton referred to a communication from the Ontario Secondary School Teachers~ Federation inviting two representatives of Council to attend the OSSTF Information Forum on February 18th, 1985. It was noted that the Clerk had not received information regarding volunteers to represent City Council at the meeting. It was further noted that the meeting was scheduled for a Monday evening during a meeting of City Council. SEVENTH MEETiN~G REGULAR MEETING Council Chambers February 18, 1985 Council met on Monday, February 18th, 1985 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Alderman Janvary. His Worship Mayor Smeaton presided as Chairman- Alderman Coville offered the Opening Prayer- M1NISTER OF THE ENVIRONMENT/OWMC His Worship Mayor Smeaton referred to a handout letter from the Minister of the Environment, the Honourable Andrew S. Brandt dated February 6th, 1985, in reply to a communication from Mayor Smeaton with regard to Ontario Waste Management Corporation (OWMC) proposals. The communication discusses the Provincial Government's public funding program as well as the proposed time limit for tile selected Municipality to assimilate information and prepare for hearings. Following a brief discussion on this matter it was generally agreed that His Worship Mayor Smeaton and Mr. V. Kerrio, St., M.P.P., should approach the new Premier of Ontario, the Honourable Frank Miller, and the Honourable Morley Kells, Minister of the Environment, to discuss matters of concern with respect to the OWMC candidate site, i.e., funding, and time being given for the selected Municipality to assimilate information and prepare a report. It was moved by Alderman Puttick, seconded by Alderman Coville, that the meeting adjourn. READ AND ADOPTED, · ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Rinsperger, that the minutes of the meeting held February llth, 1985 be adopted as printed- Carried Unanimously- DEPUTATION TRANSIT COMMISSION - FINANCIAL STATEMENTS FOR 1984 Communication No. 41 - Niagara Transit - Re: Financial Statements for 1984- The cormmunication attaches the 1984 Financial Statements for the Greater Niagara Transit Commission, discusses an increase of 3.8% ridership over 1983; the Falls Shuttle summer bus service from Lundy's Lane and Garner Road to Table Rock; reduced fares to unemployed persons and those on welfare; decreased cost last year; and. requests approval of a proposed increase in transit fares. The Greater Niagara Transit Commission was represented by Mr. George Mowers, Chairman of the Commission; Messrs- Bill Sootheran, Hugh Hart, and Guy Prata, Commission members; Mr. J.T. McMahon, Manager of the Niagara Transit, and other Transit Staf£. Mr. Mowers replied to questions raised regarding bus service from Chippawa on Saturdays, after 6:30 p.m. Alderman Hinsperger requested that a cost estimate be brought back to Council, and he will contact interested residents in connection with a petition in this matter'. A further discussion followed with respect to the procedure followed in presenting the Statements to City Council for consideration, and a suggestion was made that discussions. of proposed fare increases be held in open meetings. The Transit Commission was commended for the presentation as well as the excellent job being done- ORDERED on the motlon of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and approved- Carried U~animously- NIAGARA CHAIR-A-VAN - FINANCIAL STATEMENTS FOR 1984 Communication No. 42 - Niagara Chair-A-Van - Re: Financial Statements for 1984. The communication ~ttaches the aforementioned statements for the year ended December 31, 1984, and discusses the Management Board membership; hours of service and statistical data; staffing'for extended service as well as regular personnel- - ORDERED on the motion of Alderman CDmmings, seconded by Alderman Merrett, that the communication be received and approved, and a copy be forwarded to the Social Planning Council- It was further recommended that letters of appreciation be forwarded to the St. John Ambulance Volunteer drivers as well as Mr. Mel Peters at the Greater Niagara General Hospital for their assistance. Carried Unanimously. UNFINISHED BUSINESS GREEN OAKES MOBILE HOME PARK - REPORT OF GRIEF ADMINISTRATIVE OFFICER Report No. 71 - Chief Administrative Officer - Re: Green Oakes Mobile Home Park. The report reviaws recent action taken in connection wi~h= :. -2- a renewal of the licence to operate the Mobile Home Park, and reco~nends that the contents of this report be noted and that it be received and filed. A discussion followed regarding inspections of the premises. It was pointed out that inspections of the roads and drainage were difficult at this time of the year and must be completed in the spring, and further that Hydro and Fire Department inspections must be carried out prior to the issuance of a ]icence. Concern was expressed that the business should continue to operate before the licence was issued, and it was suggested that Staff be asked to expedite the matter. ORDERED on the motion of Alderman Puttick, seconded by Alderman 0rr, that the report be received and adopted. Carried Unanimously. COMMUNICATIONS No. 43 - Kidney Foundation of Canada, Niagara Falls Chapter - Re: Annual Campaign. The communication requests the permission of Council to hold its Annual door-to-door Campaign for Research Funds in March 1985. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and the request approved. Carried Unanimously. No. 44 - Ministry of Municipal Affairs & Housing - Re: Ontario BIA Association. The communication advises of the 4th Annual Conference of the Business Improve- ment Area Association from March 25th to 27th, 1985, at The Westin Hotel, in Toronto; encloses brochures with program and registration details; and requests that Council and appropriate Staff be encouraged to attend. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the communication be received and Alderman Orr be authorized to represent Council at the Conference. It was further recommended that a copy of the communication be forwarded to Mr. Harry N. Oakes, President, Willbert Developments Ltd., and representative of the Clifton Hill Business Improvement Area. Carried Unanimously. No. 45 - The Association of Large School Boards in Ontario - Re: Performance of Public School System. The communication advises that ALSBO is a Provincial organization working on behalf of Ontario's urban public boards of education, is celebrating its 10th Anniversary and is planning an informational program of awareness for taxpayers, and requests comments to be included in the project. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Coyills, that the communication be received and filed, and further, that any member of Council wishing to do so might submit comments to be co-ordinated through Mayor Smeaton's office. Carried Unanimously. REPORTS No. 72 - Chief Administrative Officer - Re: Cost Quotes for Employee Benefits Insurance. The report recommends that the London Life Insurance Company be authorized to submit a cost quote on the Corporation's Employee Benefit Insurance. Alderman Merrett declared a conflict of interest because he is a member of the insurance profession. The Personnel Director responded to questions raised with respect to the current insurance coverage which includes a cancellation clause of 30 days. He advised that a renewal revision is based upon a IZ month experience of the Ctty's claims and was received early in January 1985, and considered by'the Finance Committee on February 11, 1985. The Personnel Director explained that this procedure had been followed in previous years, however, the'Finance Committee had directed that this matter should be submitted to City Council approximately 60 days prior to termination of the contract, and this direction would be acceded to in future. He stated that the deadline for receiving the quotations had been scheduled for March 27th, 1985. The Personnel Director advised that the, new rates become effective on March let, 1985, -3 - ORDERED on the motion of Alderman Coyills, seconded by Alderman Cummings, that the report be received and adopted- The motion Carrled with Alderman Merrett abstaining from the vote on a conflict of interest'F'~iouslY recorded, and all others voting in favour- No- 73 - Chief Administrative Officer - Re: Sale of John N. Allan Park to Marine Wonderland & Animal Park Limited- The report recommends that the by-law appearing on tonight's agenda to authorize an amendment to the Agreement of purchase and Sale for the sale of John N. Allan Park to Marine Wonderland & Animal Park Limited be passed- seconded by Alderman Somerville, ORDERED on the motion of Alderman Chessman, that the report be received and adopted- The motion ~arried with the following vote: AYE: Aldermen Baker, Chessman, Coville, Hinsperger, Kerrio, Merrett, Orr, Puttick, and Somerville- NAYS: Aldermen Cummings, and Keighan- See By-law N~oo., 85-37~ No. 74 - Chief Administrative Officer - Re: Advertising in Municipal Arenas. The repor{ recommends that the attached list of arena advertising rates be approved- ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr~ that the report be received and adopted. Carried Unanimously- No. 75 - Chief Administrative Officer - Re: Megg Nets at Municipal Arenas- The reporl recoramends that Staff be given approval to purchase four sets of Official Safety Hockey Coal Frames and appropriate cushions and protectors to be used at all four arenas- It is also recommended that one set of magnets be purchased to be used at the Niagara Falls Memorial Arena only. A brief discussion followed regarding estimated cost of the equipment~ possible cost- sharing by the Minor Hockey Association, and the safety features of the nets. ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan, that the report be r'eceived and adopted- The motion par.rie~ with the following vote: AYE: Aldermen Baker, Chessman, Coville, Cummings, Hinsperger, Keighan, Kerrio, Merrett, Orr, and Somerville- NAYE: Alderman Puttick. No- 76 - Finance Committee - Re: Finance Committee Reports- The report recommends the following: 1) Canadians for a Clean Environment ~ - That the City declare March 9, 1985 ,.Niagara Environment Day", that the City participate by setting up a display, and that the City Council assist infinancing the event in the amount of $500.00. Mr. A10leksuik, Chairman of Canadians for a Clean Environment (CCE) was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Hinsperger. He discussed activities of the CCE with respect to advertising in schools, churches, environmental organizations throughout southern Ontario, as well as TV, Radio and Media Coverage %o reduce the major problem of public apathy. He explained the need for funding assist- ance, and replied to questions raised- ORDERED on the motion of Alderman Kerrio, seconded by Alderman Merrett, that the report be received and adopted. The motion CarrieJ_with the following vote: AYE: Aldermen Baker, Chessman, Coville, Hinsperger,. Keighan, Kerrio, Merrett, and Somerville- NAYE: Aldermen Cummings, Orr, and Puttick. 2) Ni~J~ara College and Tourism/HospitalitY Trainin~ Centre__StudX - - That Council assist in the funding of an economic feasibility study for the development of a Tourism/HospitalitY Training Centre in the amount of $5,000.00. Alderman 0rr declared a conflict of interest because she is employed by the College. -4- Mr. J.F. van der SleEt, Dean of the School of Business, was in attendance at the meeting and indicated his willingness to reply to questions raised. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the report be received and adopted. The motion Carried with Alderman 0rr abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Baker, Chessman, Covitle, Cummings, Hinsperger, Kerris, Merrett, and Somerville. NAYE: Aldermen Keighan, and Puttick. 3) ~ia~ra Falls Inter-County Baseball Team - - That Council approve a 1/2 page of advertising in the Official Game Frogram for the Niagara Falls Inter-County Baseball Club at a cost of $225.00. ORDERED on the motion of Alderman Kerris, seconded by Alderman Coyills, that the report be received and adopted. Carried Unanimously. No. 77 - Chief Administrative Officer - Re: By-law to authorize the re- construction of Buchanan Avenue from Robinson Street to Dixon Street. The report recommends the following: 1) That Council hear any person who claims that his land will be prejudicially affected by the by-laws appearing on tonight's Agenda, to authorize the above works; 2) That subject to there being no valid objections, the by-laws be given a third reading and be passed by Council. The Design & Construction Engineer reviewed the proposed reconstruction of Buchanan Avenue from Robinson Street to Dixon Street with the assistance of posted sketches. He discussed Plan "A" and stated that the main concern of property owners in the area appeared to be sidewalk location on the west side of the street. The Design & Construction Engineer discussed the conflicts with the proposal because of the proximity of buildings to the property line, planrings, and parking difficulties. He stated that the modification to Plan "A" accommodated this concern by moving the sidewalk 5' from Robinson Street to Murray Street. He discussed the problem of the sign in front of the M~ple Leaf Motor Court, as well as 2 trees which could be removed. The Design & Construction Engineer reviewed Plan "B" which shows several alternative sidewalk alignments. - AND ~ Communication No. 46(a) - Pan-O-Rams Motel - Re: Buchanan Avenue a]lgDjnent and road widening. The communicatio~ disc~sses problems regarding parking in connection with the reconstruction on Buchanan Avenue, and suggests moving the sidewalk a minimum of 3' as well as including two accesses tQ the Motel instead of one as shown on the plans. - AND - Communication No. 46(b) - Maple Leaf Motor Court - Re: Proposed Buchanan Avenue road construction plan. The commuKication discusses problems in connection with the aforementioned plan in terms of aesthetics, traffic congestion on the property, and lack of visibility of the sign if it was moved. It was suggested that the road might be moved 4' closer to the Pyramid Place Complex on the east side to allow the sidewalk to remain in the present locationj and that the sign remain in the present location to allow for visibility in all directions, as-Well a8 retaining the aestht~ aspect. - AND - Communication No. (46(c) - Petition from Concerned Residents - Re: BUchanan Avenue road construction project. The'~e~ition~'signea'By 9 residents, expresses opposition to the proposed construction in terms of placing the sidewalk close to private property and asks that the sidewalk be located "close to the road as is the normal procedureIs. Mr. George Botyanski, Pan-O-Rams Motel, suggested that if the sidewalk could be moved back 4' - 5{ some of the Motelis parking area might be retained. He expressed agreement with the suggestion that the sidewalk be moved back 5'° - 5 - Mr. Geza Banfai, Parkview Motor Inn, 6361 Buchanan Avenue, advised that the sidewalks in the subject area are not "really straight", that they were constructed 3 years ago from Murray Street to the pan-O-Rama, a distance of approximately 300', and were in good condition- He expressed the view that "about 70%" of the balance of the sidewalks in the area were in good condition- Mr. Banfai referred to business competition in the surrounding area, and asked that the sidewalks be retained- In reply to questions raised, the Design & Construction Engineer stated that retention of the sidewalks in the area would result in a cost savings of approximately $13,000.00- Further discussion followed with regard to the retention of the sidewalks, the sign in front of the Maple Leaf Motor Court, the desirability of a larger boulevard between the sidewalks and the road for greater pedestrian safety and snow ploughing factors- Mr. Joe Casagrande represented Mr. J. H. McGarry of the Maple Leaf Motor Court, at the meeting- He advised that parking and visibility of the sign were crucial to the Motor Court's operation- He suggested that the road might be moved 4' towards pyramid Place, as outlined in the communication from the Motor Court, and further, that a "bend in the road" might have a desirable effect. Mr. Casagrande proposed a reduction in the width of the boulevard to 3'. He further stated that if the sign were moved back "it would not be seen at all" from certain perspectives- A further discussion ensued regarding alternatives to moving the Maple Leaf Motor Court sign, removal of 2 trees in the subject area, pedestrian safety, the possibility of the sidewalk circumventing the sign, and a planter arrangement installed around the sign. Mr. George Yerich, Holiday Inn By The Falls, 5339 Murray Street, discussed the entrance to the Holiday Inn property, and indicated that a wider entrance would allow for greater manoeuvreabilitY of tour buses- Following further discussion it was moved by Alderman Cummings, seconded by Alderman Puttick, that the report be received and adopted, subject to the following modifications: 1) that the sidewalks between Murray Street and Dixon Street remain in their current location; 2) that the sidewalks between Robinson Street and Murray Street remain as indicated in Plan "B", except in the location of the Maple Leaf Motor Court, where the sidewalk should circumvent the sign of the Motor Court; 3) that Staff be directed to contact the property owners to obtain comments respecting entrances to properties~ and report back at the next meeting of City Council. It was further recommended that the communications be received and filed. Carried Unanimously- See By-law No. 85-36. No. 78 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for january l~gb. The report provides information regarding Permits issuedJ and Highlights for 3annsty, as well as February Proposals. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the report be received and filed. Carried U~a~mo~sly~ No. 79 - Chief Administrative Officer - Re: Municipal Accounts. The report recommend~ {hat t~ ~ccou~{s totalling $702,103.01 for the one week period ending February 18th, 1985 be approved by the passing of the by-law appearing later on the agenda. Alderman Hinsperger declared a conflict of interest on Gheque No. 06805 because he is employed with the firm. Additional information was provided on Cheques No. 06804, 06813, 08817, 06828, 06833, and 06795. -6- - 7- ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr, the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on a conflict of interest previously recorded, and all others voting in fayour. that BY-LAWS ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the following by-law be now read a third time: No. 84-291 - A by-law to authorize the reconstruction of Main Street from Stanley Avenue to the Conrail Bridge, Oakes Drive from Main Street to Dunn Street and Buchanan Avenue from Murray Street to Main Street. Carried _Unanimously° ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that leave be granted to introduce the following by-laws, and the by-laws be read a first time:. No. 85-3__6- A by-law to authorize the reconstruction of Buchanan Avenue from Robinson Street to Dixon Street. No. 85-37 - A by-law to authorize an amendment to an Agreement of Purchase and Sale between The Corporation of the City of Niagara Falis and Marine Wonderland & Animal Park Limited for the sale of John N. Allan Park. No. 85-38 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cummings, and Keighan voting contrary on By-law No. 85-37; ~id~rman Hinsperger abstaining from the vote on By-law No. 85-38 on a conflict of interest previously recorded in Report No. 79; and all others voting in fayour. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Baker, that the following by-laws be now read a second and third time: No. 85-36 - A by-law to authorize the reconstruction of Buchanan Avenue from Robinson Street to Dixon Street. No. 85-3~7 - A by-law to authorize an amendment to an Agreement of Purchase and Sale between The Corporation of the City of Niagara Falls and Marine Wonderland & Animal Park Limited for the sale of Jqbn N. Allan Park. .No. 85-38 - A by-law to provide monies for general purposes. The motlon Carried with Aldermen Cummings, and Keighan voting contrary on By-law No. 85-37; Aidermine Hinsperger abstaining from the vote on By-law No. 85-38 on a conflict of interest previously recorded; and all others. voting in favour. NEW BUSINESS PROVINCIAL TRANS~E~ Alderman Keighan referred to a recent newspaper article which discussed a "strong indication that the ProVince will restrict transfer grants to the Municipalities". He asked that.the matter be investigated by Staff and. a report submitted as soon as possible. ONT_A_~9 ~EC_O~D~ SCHOOL TEACHERS FEDERATION - MEETING His Worship Mayor Smeaton advised that Alderman Janvary was attending the above mentioned meeting at the Old Stone Inn this evening as a represent- atlve of City Councll. COMMENTS OF MAYOR SMEATON His Worship Mayor Smeaton advised that the following should be commended: 1) Stamford Centre Volunteer Firemen's Association for providing park facilities used during the winter months, and for sponsoring Monte Carlo night; 2) Club Itslie for sponsoring a ,'Spagetti Dinner" with the proceeds to go towards the Greater Niagara General Hospital funding campaign. 3) Niagara Parks Commission for the excellent compilation of information for the brochure which had been enclosed in the agenda envelopes- Alderman Merrett advised that a schedule of events sponsored by the N.P.C- in celebration of its Centennial Year would be distributed at an early date. Mayor Smeaton advised that an appointment had been made for Wednesday, February 20th, 1985, with the new Minister of the Environment, the Honourable Morley Kells, and through the office of Mr. Vince Kerrio, M.P.P- The meeting will provide an opportunity to express~ to the new Minister, the position of Council with regard to the proposed Ontario landfill site, and concerns with respect to the O.W.M.C. Mayor Spaeaton further advised that he would be willing to submit any specific comments to the provincial Minister- It was moved by Alderman Cummings, seconded by Alderman Coville, that the meeting adjourn. READ AND ADOPTED, EIGHTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 February 25, 1985 Council met on Monday, February 25th, 1985 at 7:15 p.m- in Committee of the Whole. All members of Council were present with the exception of Alderman P~ttick. Alderman Kerrio presided as Chairman- of the ' resented the Committee of the Whole Following consideration ~ arose without reporting- .' - READ AND ADOptED, Council Chambers February 25, 1985 Council met on Monday, February 25th, 1985 at 7:30 p.m. for the purpose of considering regular business- All members of Council were present with the exception of Alderman Puttick- His Worship Mayor Smeaton presided as Chairman. Alderman Kerrio o£fered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion Of Alderman Somerville, seconded by Alderman Hinsperger, that the minutes of the meeting held February 18th, 1985, be adopted as printed- Carried Unanimously- WELCOME SCOUT TROOP NO. 6, ST. ANDREW'S UNITED CHURCH His Worship Mayor Smeaton welcomed Troop Scouter Rick Seville, Scout Courtsailors, and a number of BOy Scouts from Scout Troop No- 6 to the Council meeting- DEPUTATIONS ~ MR. RICHARD MITCHELL, SECRETARY - UNITED ELECTRICAL, RADIO &_MACHINE WORKERS OF CANADA~ L_gGAL 53__6 Communication N6.46 - Richard Mitchell - Re: Dispute between the Union and Cyanamid of Canada. The comm~nic~tfo~ requests the assistance of the Office of the Mayor of Niagara Falls in resolving the current dispute between the Union and Cyanamid of Canada's Fourth Avenue plant. Mr. R. Mitchell addressed Council with respect to the aforementioned communication, and a discussion followed ~egarding this matter. His Worship Mayor Smeaton advised that he had previously been in contact with the Management of Cyanamid, and with the Police Department regarding the traffic situation in the area, and further, that he would be willing to accede to the request. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the communication be received, and further, that Mayor Smeaton approach the Union and Management of Cyanamid of Ganada with the suggestion that Mayor ~meaton's office he used for the purpose of holding dts~usaiona to resolve the strike. Carrie~ Unanimously. ~_R: ROSS ~ARR~ SCOTT'S TRAILER PARK,.LUNDY'S LANE Mr. Ross Barr referred to his previous discussions with City Council over the past 3 - 4 years regarding sewer problems he had encountered as a result of a sewage back-up into the basement of his place of business. He discussed the substantial dgmage and loss he had suffered-as a result of this, and referred to his meeting with Regional Councillor E. Shetar, Regional Staff, Mayor Smeaton, and City Staff to attempt to resolve the problems. Fir. Barr discussed the pre- cautionary measures he had taken regarding his drains last week, and the flooding problem he had sustained over the week-end. He advised that the pumping station had been inadequate to handle the situation. He had phoned the Service Centre on Friday night for assistance. Mr. Barr stated that the alarm had sounded and extra pumpshad been operating, pumping "raw sewage into the streets, ditches and water courses" during the week-end. He asked Council for assistance. In reply to questions raised the Director of Engineering discussed the investigation into flooding problems throughout the City which was made by students -in 1984~,~whe~ some problems had been identified. He stated, however, that the study had been inconclusive. The Chief Administrative Officer advised that Staff was aware of Mr. Barr~s problems, as well as those in other areas of the City, and would address the problem. He further advised that th~ problem in this particular area was both a Regional and City responsibility, and that time and monetary considerations were involved. His Worship Mayor Smeaton referred to the litigation proceedings instituted by Mr. Barr against the Regional Municipality of Niagara, and against the City of Niagara Falls which, although not precluding action being taken to resolve Mr. Barr's difficulties, does restrict discussions with him regarding the matter. ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerrio, that the matter be referred to the next meeting of the Municipal Works Committee, in Camera, as a top priority item. Carried Unanimously. UNFINISHED BUSINESS BUCHANAN AVENUE ROAD RECONSTRUCTION - REPORT OF CHIEF ADMINISTRATIVE OFFICER No. 80 - Chief Administrative Officer - Re: Buchanan Avenue Road Reconstruction from Robinson Str~t to Dixon Street'- Driveway Entrances. The report refers to Council's direction to Staff to contact property owners in the area regarding possible changes to driveway approaches; advises that the majority Of commercial property owners had been contacted and minor changes to the project were made to their satisfaction, and remaining owners would be contacted; and recon~nends that this report be received and filed. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Hlnsperger, that the report he received and adopted. Carried UnanimouslyL OPEN MEETINGS AND ACCESS TO INFORMATION - REPORT OF CHIEF ADMINISTRATIVE OFFICER No. 81 - Chief Administrative Officer - Re: Open Meetings and Access to Information. The ~eport advises that the report of the Provincial/Municipal ~rking C~mmittee on Open Meetings and Access to Information had been perused by City Staff and no conflicts between the Legislative Proposals and the City's present procedures could be seen; and recommends that the contents of this. report be noted and that it be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger~ that the report be received and adopted. Carried U~animou{ly L COMMUNICATIONS No. 47 - ReGional Nia%ara Public Works De artment - Re: Water/Sewage Flows by Municipality ~onthly Report for January 1~85. The communication attaches the above mentioned report DEP-~159 for the information of Council. - 3 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville, that the communication be received and filed- Carried Un~ Federation of Canadian Munici allties (FCM) - Re: Friends of Heritage No. 48 - ~ioned informational program, program- and invites local Municipalities to nominate candidates to receive certificates snder the Friends of Heritage program- ORDERED on the motion of Alderman Culamings, seconded by Alderman 3artvary, that the communication be received and referred to the Recreation Commission, L.A.C.A.C-, the Museum Board, and other interested Boards and Commission, with the information tO be co_ordinated through the Recreation Commission- Carried Unanim°usll_L' No. ~refers to the above ment~o u u e programme- The comm nl sponsored by Sheridan College of Applied Arts & Technology from May 27th to May 30th, 1985, and attaches a course description and Application form. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Merrett, that the communication be received and referred to Staff. Carried Unanimousl~ No. 50 - Ontario Good Roads Association - Re: Micro Computer Course. The communicat'~on provi~des information regarding the aforementioned course being sponsored by the Association from March 31st to April 3rd, 1985, and encloses pertinentinformation and a Registration Form. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Merrett, that the communication be received and referred to Staff- Carried Unanim°usI~L No. 51 Ontario Good Roads Association - Re: 1985 "C.S. Anderson" Road School. The communication discusses the above mentioned School and courses being offered in 1985 under the sponsorship of the Association, and attaches an Application form. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Merrett, that the communication be received and referred to Staff- Carried Unanimousl~_~ No. 52 - Ontario Good Roads Association - Re: 1985 "T.3. Mahony" Road School. The commu~'~cc~tio'~ di~cusse~'~th~h°°l being sponsored by the Association for' Noneprofessional supervisory personnel ofmunicipal road and transportation authority from May 5th to May 8th, 1985, and encloses an Application form together with additional information- ORDERED on the motion of Alderman Kerrio, seconded by Alderman Merrett, that the communication be received and referred to Staff. Carried Unanim°uslYL March 2nd~ises of the Ann Celebration of Bulgarian Independence Day, and requests Council to proclaim March 2nd, 1985 as ,,Bulgarian Independence Day"- ORDERED on the motion of Alderman Coville, seconded by Alderman Cummings, that the request be approved- ~arrie..____/dUnanimousl~' No. 54 '- Association of Municipalities of Ontario (AMO) o Re: Tri-level Meeting on Municipal Infrastructure. The communication provides information regarding the above mentioned meeting scheduled for March 22nd, 1985 in 8ault gte. Marie, Ontario, and encourages representation from the MunicipalitY. Following a brief discussion it was moved by Alderman Cummings~ seconded by Alderman Keighan that the communication be received and filed, and further, that the Chief Administrative Officer investigate the merit of the Conference, and request a copy of the proceedings if information of value to the City of Niagara Falls is available. Carried.UnanimouslY- No. 55 - Minister of Citizenship & Culture - Re: Bill 93 - An Act Respecting Public Lfbr~ries. ~he communication ~t~aches a final version of Bill 93 for the consideration of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the communication be received and referred to the Niagara Falls public Library Board for ~omment. Carried Unanimously. -4 - No. 56 - Civic Committee - Re: "Community Justice Week" in Ontario from April 14th to 20th, 1985. It is requested that the aforementioned week be proclaimed "Community dustice Week" in the City of Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coyills, that the request be approved. Carried Unan_im_?usl_y._ No. 57 - .~___~dJ__~G~_am~__e~{ - Re: Missnet Road. The communication requests a building permit and house moving permit for a site on Misener Road, and states that he has agreed to pay the Municipality the stun of $2,500.00 for his share of road improvement costs. ~e Chief Administrative Officer advised that the local by-laws prohibit the issuance of a building permit in areas with unimproved roads, He further advised that Mr. Chambers had agreed to provide sufficient funds to the City for stoning of tbe road as soon as the weather permits. It was noted that an agreement must be completed regarding the matter. In reply to questions raised regarding the aforementioned payment to the City Mr. Chambers indicated agreement with the necessary requirements. ORDERED on the motion of Alderman Merrett, seconded by Alderman Somerville, that the request be approved subject to receipt of the required funds, and an agreement being completed. Carried Unanimously. REPORTS No. 82 (PD/18/85) _ Chief Administrative Officer - Re: Part Lot Control Regional DPD 1935, Mr. & Mrs. Volpatti 7 '~he report recommends the following: 1) That the proposed Regional Policy change to entertain Part Lot Control removal for single lots be endorsed in principle and that the Region of Niagara he advised accordingly. 2) That the City of Niagara Falls undertake a detailed review and update of its Part hDt Control procedures in view of the Regional policy change. From a cursory review, it would appear that the removal of Part Lot Control for single lots should be the exception rather than the norm. 3) That the request for removal of Part Lot Control as it pertains to the Volpatti application for a semi-detached lot on the south west corner of Bridge Street and Homewood Avenue be approved by by-law. that ORDERED on the motion of Alderman Janvary, seconded by Alderman Chessman, the report be received and adopted, Ca_rrie_d_ Un_a_nimously. See By-law No. 85-40. No. 83 (Verbal Report) - Chief Administrative Officer - Re: Potential Flooding Problems. The Director of Municipal Works discussed the unusually heavy accumulation of snow, its sudden disappearance and resultant flooding problems during the past week-end. He stated that the service alarm at the Regional Pumping Station had begun last Friday morning, was monitored by Staff, and continuous pumping operations had taken place at various locations in the City. The Director of Municipal Works advised that overflows and relief holding tanks were operating in the City, and assistance was received from the Regional Municipality of Niagara. He referred to the surface problems encountered, particularly in the rural areas, and commended the members of Staff involved in alleviating the situation. A discussion followed regarding the tri-party dump for snow on Dorchester Road for the Department of Righways,-the Regional Municipality, and the City of Niagara Falls. Concern was expressed with respect to the large accumulation of water on the site, and questions raised regarding an agreement with the oWner of the land, and well as insurance coverage for liability claims. The Director of Municipal Works agreed to investigate the matter and attempt to resolve the water problem.. The Director of Municipal Works replied to questions raised regarding the measures taken to re~olve flooding in other areas of the City, i.e., Sarah Street, and the inadequacy of the current overflow systems. He discussed the necessity of chlor{nation. Alderman Hinsperger requested an investigation into the matter of holding tanks in the Chlppawa area, other alternatives suggested in the Study completed in 19?9. including cost estimates, and report back to Council. -5- His Worship Mayor Smeaton expressed concern in connection with flooding in the rural areas, and raised the matter of clearing of water courses- He expressed the view that a "Make Work Project" might be instigated to benefit unemployed persons in the City, with the possibility of senior government funding- Aldermen Coyills and Somerville agreed that action should be taken to have ditches and water courses cleaned- ORDERED on the motion of Alderman Somerville, seconded by Alderman Chessman, that the matter be referred to Staff to investigate remedial action which might be taken respecting the cleaning of ditches and water courses and a report submitted. It was further recommended that a report be submitted on the feasibility of holding tanks in the Chippawa area, and other alternatives suggested in the 1979 Study on this matter. Carried Unanimously.-. No. 84 - Chief Administrative Officer - Re: 1985 Snow Removal Costs. The report advises that the City has spent $410,000.00 on snow removal from January 1st to February 18th, 1985; submits a sununary of cost comparisons for the years 1980 to 1985 inclusive; and recommends that this advisory report be received and filed- ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. No. 85 - Chief Administrative Officer - Re: Interim Tax Levy 1985. The report recommends th"'~t an interim ~ax ~evy for 1985 with two instalments as outlined in the report be approved. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the report be received and adopted- Carried Unanimouslyl Se__e_ B~-law No. 85-34. No. 86 - Finance Committee - Re: Financial Assistanc.e to the Y.M.C.A. His Worship May~r Smeaton referred to a handout recommendation from the Finance Committee that the City of Niagara Falls agree in principle to endeavour to assist the Y.M.C.A. financially, and that the Chief Administrative Officer and appropriate Staff prepare a detailed report as to CoUncil's financial alternatives to assisting the Y.M.C.A. in their short term and long term funding requirements- Alderman Hinsperger declared a conflict of interest because he is a share- holder in and employed by a company that could be one of the creditors. Alderman Keighan declared a conflict of interest because one of the creditors involved is a relative. A lengthy discussion followed with regard to the intent of the recommendation from the Finance Committee, the need for a more detailed report to include past history, current status and future prospects of the Y.M.C.A., as well as a thorough investigation of 'the financial statements and maintenance required prior to a decision being made by Council. The City Solicitor discussed the intent of the motion to "agree in princi'ple" being to 'agree with an idea"which would indicate an intent without binding the City ~o a legal undertaking- In reply to questions raised Mr. George Kirkham, President, Niagara Falls Y.M.C.A., advised that $115,000..00 was the amount requested at the Finance Committee earlier today. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the recommendation be spproved subject to a detailed report to be submitted by Staff at the next meeting of City Council to 3uatify financial assistance to the Niagara Falls Y.M.C.A. The motion Carrie______d_dwith Aldermen Hinsperger, and Keighan abstaining from the vote on conflicts of interest previously recorded, and ~ll!!other:s.~O~ing_in~f~vour. No. 87 - Chief Administrative Officer - Re: Municipal Accounts. The report recon~nends that the accounts tot~lling $193,771.28 for the one week period ending February 25th, 1985 be approved by the passing of the by-law appearing later on the ageode. -6- Alderman Cummings declared a conflict of interest on Cheque No. 06903 because a member of his family is involved in the program. Alderman Hinsperger declared a conflict of interest on Cheque No. 06886 because he is employed by the company. Alderman Keighan declared a conflict of interest on Cheque No. 06888 because he has relatives with an interest in the company. Alderman O~r declared a conflict of interest on Cheque No. 06881 because she is an employee of the College. Additional information was provided on Cheques No. 06893, 06913, 06927, 0693 7, 06941, 06943, 06948, and 06965. The Chief Administrative Officer advised that Cheque No. 06960 had been temporarily withdrawn. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville, that the report be received and adopted. The motion Carried with Aldermen Minsperger, Keighan, and Orr, abstaining from the vote on Cheques No. 06886, 06888, and 06881 consecutively, on conflicts of interest previously recorded; and all others voting in fayour. No. 88 - Finance Committee _ Re: Annual Conference _ Personnel Association of Ontario. The repo'rt recommends that the Director of Personnel, Mr. Jim Itunan, be authorized to attend the Annual Conference of the Personnel Association of Ontario, to be held in Toronto, on February 27th and 28th, and March let, 1985. ORDERED on the motion of Alderman Cummings, seconded 5y Alderman Chessman, that the report be received and adopted. Carried_Unanimousl_yL Participation in Forthcoming Workshops. The No. 89 - Finance Committee - Re: report recommends the following; 3) That the Director of Municipal Works be authorized to attend an "Effective Management Seminar" sponsored 5y the Ontario Good Roads Association to be held on Sunday, April 14th, to Wednesday, April 17th, at an estimated cost of $410.00; That Mrs. Shells Howcroft be authorized to attend an Employraent Equity Seminar sponsored by the Ontario Municipal Personnel Association in Tor.~onto on March 28th, and 29th, at an estimated cost of $370.00; That all costs associated with the above recommendations will be accommodated in the amounts approved in the 1985 Budget for serainars, workshops, etc. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hlnsperger, that the report be received and adopted. C_arried Unanimou_s~lyL No. 90 - Hazardous Waste Steering Committee - Re: O.W.M.C. Proposed Sites, City of Niagara Fails, Release of Tourism Impact Study. The report recommends that the firm of Dworkin Communications Inc. be engaged to orchestrate the release of the contents of the Tourism Impact Study dated January 1985 as prepared by Pannell Kerr Forstar, Management Consultants, at an upset limit of $5,000.00. ORDERED on the motion of Alderman Coyills, seconded by Alderman Keighan, that the report be received and adopted. CaPrie_~d Unanim~o_usl.~!X~ No. 91 - Chief Administrative Officer _ Re: EncroaChment of Wall/Fence on Glenview Avenue. The report recommends that the request of Mr. Vincent DiCosimo, owner of a dwelling located at the north-west corner of Ferguson Street and Glenview Avenne, and a recently constructed concrete and brick wall/fence, which encroaches 12 feet at one point on the Glenview Avenue road allowance, for the passing of an encroachment by-lawj be not granted.. M~. DiCoeimo was not represented at the meeting. The Chief Administrative Officer stated that M~. J.B. Hopkins, Solicitor for Mr. DiCosimo, had bee~ informed that the matter would be considered at this meeting of Council. ORDERED on the motion of Alderman Coyills, seconded by Alderman Orr~ that the report be received and adqpted. Carried Unanimously. - 7 - No- 92 - Alderman Janvary - Re: O.S.S.T.F. - Funding Separate Schools. The report provides information pertaining to the Ontario Secondary School Teachers Federation Foram on February 18th, 1985, regarding the funding of Separate Schools to Grade 13. ORDERED on the motion of Alderman 3anydry, seconded by Alderman Cununings, that the report be received and filed. Carried Unanimously__. BY-LAWS ORDERED on the motion of Alderman Chessman, seconded by Alderman Somerville, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 85-34 - A by-law to provide for an interim levy of taxes. No. 85-35 - A by-law to provide for the collection of interim taxes for the year 1985. No. 85-39 - A by-law to provide monies for general p~rposes. No. 85-40 - A by-law to designate certain land not to be subject to part lot control. (Volpatti). The motion Carried with Alderman Keighan voting contrary on Items l(c) and 2 on By-law No. 85-35; Aldermen Cummings, Hinsperger, Keighan, and Orr, abstaining from the vote on By-law No. 85-39, on conflicts of interest previously recorded in Report No. 87; and all others voting in favour. ORDERED on the motion of Alderman Hinsperger, seconded by Aiderman Cummings, that the following by-laws be now read a second and .third time: No. 85-3~4 - A by-law to provide for an 'interim levy of taxes. No. 85-35 - A by-law to provide for the collection of interim taxes for the year 1985, No. 85-39 - A by-law to provide monies for general purposes. No. 85-4__0 - A by-law to designate certain land not to be subject to part lot control. The motion Carried with Alderman Keighan voting contrary on Items l(c) and 2 on By-law N~5; Aldermen Gunshinge, Hinsperger, Keighan, and 0rr, abstaining from the vote on By-law No. 85-39, on conflicts of interest previously recorded; and all others voting in fayour. NEW BUSINESS NIAGARA FALLS FAMILY Y.M.C.A./LEASE AGREEMENT ~k~derman Gurmnings discussed a handout communication from the Y.M.C.A. dated Februa~121~l,985~I.regarding the termination of the lease agreement for Palmar Park with the City of Niagara Falls. Mayor Smeaton advised that this matter would be addressed in the r~port being submitted from Staff at the next meeting of Council in connection with the financial status of the Y.M.C.A. ALDERMAN PAISLEY JAMVARY - WOMAN OF THE YEAR Alderman Cummings congratulated Alderman Janvary on receiving the "Weman of the Year" Award. He stated that Alderman Janvary has always been a very active and involved member of the community, and was most deserving of the Award. He expressed the opinion that the Committee had made an excellent choice. Mayor 8meaton and members of Council, as well as all persons present expressed a~reement. Alderman Chessman advised that Niagara Women in Crisis would be holding a dinner to honour Niagara~s Woman of the Year~ and International Womenls Day on Thursday, March 7th, 1985 at the Sheraton-Brock Hotel. All members of Council and Staff were invited to attend. - 8 - NINTH MEETING NIAGARA RIVER POLLUTION Alderman Cummings referred to the handout copies of letters forwarded to the new Premier of Ontario, the Honourable Frank S. Miller, congratulating him and reviewing the concerns of the City of Niagara Falls with regard to the possible location, by the O.W.M.G., of a toxic waste disposal facility in this City. Mayor Smeaton explained his reasons for the delay in forwarding the second communication regarding the O.W.M.C. candidate site. During the discussion His Worship Mayor Smeaton discussed his recent contact with Mayor O'Laughlin of Niagara Falls, New York, and his concern regarding the co-ordination of a meeting to involve all Municipalities, along both sides of the Niagara River, for a discussion and possible resolution of the pollution problem in the Niagara River. It was suggested that an initial meeting between the officials of Niagara Falls, New York, and Niagara' Falls, Ontario, might be advisable. Mayor Smeaton further stated that he is gathering information in connection with the situation prior to further action being taken. Alderman Cummings discussed a contact with a local resident who had received information pertaining to an Environmental Study at the University of Toronto. He stated that the information was being forwarded to households in the area and expressed concern that this communication might have been funded by the O.W.M.C., and any replies might provide misleading information with respect to the industrial facility being placed in Niagara Falls. MINISTRY OF MUNICIPAL AFFAIR8 & HOUSING Alderman Cheesman referred to a communication received some time ago with respect to the Tendering Process, and advised that this matter had been referred to the Director of Finance. He suggested that the Director of Municipal Works should be involved in this matter, and requested a report on the results of the investigation by Staff as soon as possible. MR. V. BARBARINO - HUMANE SOCIETy Mr. Barbarino was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Baker. He expressed appreciation for the recent communication he had received from the Chief Administrative Officer._ addressing concerns of Mr. Barbarino, and advised that although he had paid a $5.00 membership fee to the Humane Society, he had not yet received an applica- tion form. Alderman Baker advised that he would pay a $5.00 fee and deliver an application form to Mr. Barbarino. ***** It was moved by Alderman Ninsperger, seconded by Alderman Coyills, that the meeting WILL SMEATON Committee Room #1 March 4, 1985 Council met on Monday, March 4th, 1985 at 7:00 pom. in Committee of the Whole. All members of Council were present with the exception of Alderman Cummings. Alderman Somerville presided as Chairman. Following consideration of the items presented the Committee of the Whole arose to report in open Council. READ AND ADOPTED, BARBARA G. SCOTT, DEPUTY CITY SMEATON REGULAR Council Chambers March 4, 1985 Council met on Monday, March 4th, 1985 at 7:30 p.m. for the purpose of considering regular business. All members of Council were present with the exception of Alderman Gummings. His Worship Mayor Smeaton presided as Chairman. Alderman Somerville offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Baker, seconded by Alderman Coville, that the minutes of the meeting held February 25th, 1985, be adopted as printed. Carried Un_animousl_y. DEPUTATIONS MR. ALBERT KERGL - "HOLIDAY JUICE" - NON-RESIDENT LICENCE FEE/HAWKER & PEDLAR BY-LAW The Deputy Clerk advised that Mr. Albert Kergl of "Holiday Juice" had been unable to attend the meeting this evening for a discussion of the above mentioned and would contact the Clerk~s office at a later date for an alternative arrange~nent. MRS. ANNE BRIGIS - DRAINAGE PROBLEM Mrs. Anne Brigis, 7354 Scholfield Street, did not attend the Council meeting. ~ MR. & MRS. MICHAEL PYM - TROLLEY BUS Mr. and Mrs. Michael Pym, 130 Canby Street, Port Robinson, were granted permission to address Council on the motion of Alderman Puttick, seconded by Alderman Gheesman. Mr. and Mrs. Pym discussed their intention to operate a tourist trolley bus service in Niagara Falls, their meeting with Mayor Smeaton in June 1984, investigations and trips in connection with this project, and construction of the bus in a garage near their home in order to cut costs. They referred to the expenses incurred to the present time, the decision to revive a "vehicle of the past" as a novelty item in order to compete success- fully in the tourist industry, and the necessity of retaining the "element of surprise" for this venture. Mr. and Mrs. Pym expressed great disappointment with the local newspaper's recent news items relating that Mayor Smeaton was considering a trolley bus service to operate between the Clifton Hill Business District and Queen Street. Mrs. Pym advised that a .licence for the pro]ectI..had been received from the Niagara Regional Board of Commissioners of Police. -2- His Worship Mayor Smeaton advised that his idea for a trolley bus had come from the C.A.U.S.E. Report which had been adopted by City Council in April 1984. He expressed his interest in the concept of a traditional theme vehicle in relation to downtown redevelopment several months prior to his meeting with Mr. and Mrs. Pym. Mayor Smeaton discussed information he had received concerning trolley buses from members of the Transit Commission who had artended an annual event held in Washington, Md., and pictures he had on file in this regard. Mayor Smeaton referred to his request that the Transit Commission investigate costs, manufacturers, and government subsidies with respect to a trolley system for transit purposes, and his intention to submit a proposal to Council after all the information had been received. He referred further to many discussions with Mr. George Mowers, Chairman of the Transit Commission, during the past year in connection with this matter. Mayor Smeaton expressed reluctance to "hurt anyone in the private sector", suggeste~ that the project was not a unique one, and advised that he had been unaware of ~the .possible connection between the trolleys and Mr. and Mrs. Pym. Alderman Chessman reviewed the problem, pointed out the benefits of the recent newspaper coverage, the differences in the goals of the private vs. the public sector and the possibility of incorporating the plans of both. He suggested that two separate issues were being considered, transportation and tourism. Mayor Smeaton suggested that the matter was being considered prematurely~ and that he would arrange a meeting with Mr. 3.T. McMahon, Manager of the Greater Niagara Transit Commission and Mr. and Mrs. Pym in order that concerns might be reviewed. Mr. Gabe Mallouk, Chairman of the Downtown Board of Management, was granted permission to address Council on the motion of Alderman Kerrio, seconded by Alderman Hinsperger. Mr. Mallouk referred to the presentation of the C.A.U.S.E. Report, a year ago, which included the suggestion of a trolley system type of vehicle for the downtown area. He referred further to many discussions by the Board regarding a type of people mover system, with the possibility of using the Niagara Parks Commission Viewmobile for testing purposes, and advised that Mayor ~meaton and Alderman 0rr had been present. Mr. Mallouk further advised that he had not discussed the matter with Mayor Smeaton personally. COMMUNICATIONS No. 58 - Ministry of Mu~i_ciEal Affairs & Housing - Re: 'Ontario Renews Video Display. The communication discusses. the display to be placed in City Hall, Niagara Falls for viewing purposes from March llth to 19th, 1985, and, attaches information regarding the Ontario Renews Awards for the renovation of older homes and community buildings. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Baker~ that the communication be received and filed. ~arried UnanimoUsly. No. 59 - Minister of CitizenshiD & Culture - Re: "Ontario Public Library Week" - September 23rd to 29th, 1985. The communication discusses plans for the first "Ontario Public Library Week" and requests participation of the local library. ORDERED on the motion of Alderman Coyills, seconded by Alderman 0rr, that the communication be received and referred to the Library Board. Carried Unan_imousl_y No. 60 - Downtown Board of ManaGement . Re: 1985 Downtown B.I.A. Budget. The communication itemizes the 1~85 ~udg~t requirements totalling $116,000.00 for the Downtown Board of Management, and requests that all eligible Downtown members be levied for the above mentioned amount. ORDERED on the motion of Alderman Chessman, seconded by Alderman Janvary, that the communication be received and the request approved. Car~ed Unanimously. No. 61 - Frank Drea~ M.P.P., parliamentarZ Assistant to the Premier - Re: International Youth Year. The communication discusses the objective and proposed activities for the Int~rnational Youth Year~ and requests recognition. -4 - - Chief Dave Kemp - Niagara Falls Fire Department; Area Chief Fred Wills - Chippawa Area; Area Chief Tom Smith - Willoughby Area; Area Chief Maurice Demers - Crowland Area. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimou~ly.t No. 96 - Chief Administrative Officer - Re: Purchase of Fire Department Vehicles- The report recommends that Council accept the quotation from Autoland Crysler for the purchase of a 4-wheel drive 3/4-ton pick-up truck at a cost of $11,950 and the tender of Autoland Crysler for a passenger vehicle at a cost of $10,075. Both vehicles are 1985 models- ORDERED on the motion of Alderman Coville, seconded by Alderman Orr, that the report be received and adopted. Carried UnanimouSly. See Resolution No. 9. No- 97 - Finance Committee - Re: recommends the following: Finance Committee Reports. The report 1) Membership in Federation of Canadian Municipalities for 1985 - - tha~ Council endorse Membership in the Federation of Canadian Municipalities at the 1985 fee of $4,967.20; 2) 1985 Risk Management Report - 1985 Municipal Insurance P__~rogFam' - - that Council endorse the 1985 insurance coverage as outlined in the accompanying Risk Management report; Fund to cover estimated cost of deductible portion of Liabili__t~ Polij_Z - - that Council endorse the establishment of a fund of $5,000.00 with the firm of Morden & Helwig Ltd. adjusters for the City's liability policy and that the sum of $18,000.00 be provided in the 1985 budget to cover the estimated 'cost of the deductible portion of the liability policy- Alderman Puttick discussed an investigation he had made with regard to the FCM Membership Fee paid by other Municipalities in the Region, as well as that paid by the Regional Municipality of Niagara, and representation at the FCM Conferences. ORDERED on the motion of Alderman Puttick, seconded by Alderman Kerrio, that Item No. 1, Membership Fee in FCM, be tabled for further information. Carried Unanimously- Alderman Merrett declared a conflict of interest for Items No. 2 and 3 because he is a member of the insurance profession. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that Items No. 2 and 3 of the report be received and adopted. The motion Carrie~dwith Alderman Merrett abstaining from the vote on a conflict of interest previously recorded; Alderman Kerrio voting contrary on Item No. 3; and all others voting in fayour. No. 98 - Chief Administrative Officer - Re: Statement of Remuneration & Expenses ~ 1984. The report recommends that the information contained in the attached report be-noted and the report be received and filed. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Baker, that the report be received and adopted- Carried Unanimously- No. 99 - Finance Committee - Re: Tax Refund and Reduction under Section 363 of the Municipal Act. 'The report recommends that Council endorse the follow- ing action: 1) That the applications for refundsi'and reductionS-of 1984 taxes as listed below be approved; That the by-law appearing later on the agenda in respect to Section 363 of the Municipal Act be approved. ORDERED on the motion of Alderman Keighan, seconded by Alderman Coyills, that the report be received and adopted. Carried Unantm~ See By~aw No. 85-4.~ -3 - ORDERED on the motion of Alderman Orr, seconded by Alderman Somerville, that the communication be received and approved, and further that the matter be referred to the Civic Committee. C.~rried Un_animously. No. 62 - The Life Underwriters' Association of Niagara Falls - Re: "Medic Alert Month" - May 1985. The communication discusses the Community Awareness program entitled "Medic Alert" and requests that the month of May 1985 be pro- claimed '~edic Alert Month". Mr. V. Barbarino introduced Mr. Gary W. Jones, President of the local Life Underwriters' Association. Mr. 3ones reviewed information contained in the communication and the handout material at the meeting concerning this program. His Worship Mayor Smeaton expressed appreciation to the Association on behalf of Council. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that the communication be received and the request approved subject to established policy. Carried Unanimously. No. 63 - P. A. Pa~que~ - Re: The Regional Municipality of Niagara Land Division Committee. The con~nunication attaches the 1984 year-end report of the Committee. ORDERED on the motion of Alderman Merrett~ seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. No. 64 - Ontario Liquor BoarAs _Empl_oyees' Union - Re: Liquor Outlets. The communication discusses the'economic ramifications of an ~xpression of agreement of the Honourable Dennis Timbrell, Minister of Municipal Affairs & Housing, that liquor stores be sold to private business, and the task force which is currently studying the future possibilities of retailing domestic wine and beer in grocery and convenience stores. Alderman Merrett declared a conflict of interest because his brother is a member of the Association. A brief discussion followed regarding the concerns expressed in the communication and possible future problems related to unemployment, the need for additional information, and motivation behind the communication. ORDERED on the motion of Alderman Chessman, secondedby Alderman Kerrio, that_ the communication be received and filed.. The motion Carried with Aldemman Merrett abstaining from the vote on.a conflict of. intlrest previously recorded, and with the following vote: AYE: Alderm~n Baker, Chessman, Coville, Hinsperger, Kerrio, and Somerville. NAYE: Aldermen Janvary, Keighan, Orr, and PUttick~ ' REPORTS No. 93 - Loan Review Committee ~ Re: O.H.R.P. ban. The report recommends approval for assistance under the"Ontario Dome Renewal Program for Lot 39, Plan 251, as specified in the report. ORDERED on the motion of Alderman Baker, seconded by Alderman Kerrio, that the report be received and adopted. C~rrted Unanimously. No. 94 - Chief Administrative OffiCer -iRe: ontario Municipal Fire Prevention 0fficers"Association Conference,'Elliot Lake, Ontario - April 15 - 18, 1985. The report recommends that the Director of Fire Prevention 3ohn Simon be authorized to attend the Annual Conference of the ontario Municipal Fire Prevention Officers' Association to be held in Ell iot Lake~ ontario from April 15 - 18, 1985. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Coville, that the report be received and adopted. .~arried Unanimously. No. 95 - Chief Administrative Officer - Re: Ontario Association Of Fire Chiefs' Annual Conference, Thunder Bay, O~tario - May 6 ~ 10, 1985. The' report recommends that City Council authorize the following persons to attend the Annual Conference of the ontario Association of Fir~ Chiefs to be held in Thunder Bay, ontario, May 6 - 10, 1985: -5- No- 100 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $494,806.40 for the one week period ending March 4th, 1985 be approved by the passing of the by-law appearing later on the agenda. Alderman Chessman declared a conflict of interest on Cheque No. 07082 because his wife is employed with the group- Alderman Coville declared a conflict of interest on Cheque No. 07013 because she is the person involved- Alderman Hinsperger declared a conflict of interest on Cheques No. 07021 and 07127 because he is employed with the firm. Alderman Janvary declared a conflict of interest on Chequ~ No. 07005 because her husband has an interest in the profession- Alderman Merrett declared a conflict of interest on Cheque No. 07014 because he has an interest in the firm. Additional information was provided on Cheque No. 07029. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville, that the report be received and adopted- The motion Carried with Aldermen Chessman, Coville, Hinsperger, Janvary, and Merrett a~staining from the vote on conflicts of interest previously recorded on Cheques No. 07082, 07013, 07021, 07127, 07005, and 07014 consecutively; and all others voting in favour. No. 101 - Chief Administrative Officer -'Re: Statement of Revenue & Expenditure of the Steering Committee. The r'eport provides information regarding the expenditure by-law on tohight's agenda, being an account in the amount of $11,675.86 payable to Weir &IFoulds in respect to their services regarding the proposal of the OWMC to establish a hazardous waste facility in the City of Niagara Falls; and recommends that the information contained therein be noted and the report received and filed. ORDERED on the motion of Alderman Covitle, seconded by Alderman Merrett, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Cheesman, Coville, Hinsperger, Janvary, Keighan, Kerrio, Merrett, Orr, and Somerville. NAYE: Alderman Puttick. No. 102 - Chief Administrative Officer - Re: Special meeting of Council- The report recCmmends that a special meeting of City Council be held on Wednesday, March 6, 1985 at 4:30 p.m. to receive and discuss a report regarding the granting of financial'assistance to the Y.M.C.A-, as well as. Funds for Conventions. Alderman Hinsperger declared a conflict of interest as a shareholder in and employed by a company that 'could be one of the creditors.in the first item. Alderman Keighan declared a conflict of interest because one of the creditors involved is a relative in the first item. Following a brief discussion it was moved by Alderman Kerrio, seconded by Alderman Cor~ille~ that the matter be considered at the next meeting of City Council, subject to the consent of the Y.M.G.A. BOard of Directors- The motion Carried with Aldermen Dineperger, and Keighan abstaining from the vote on conflicts of interest previously recorded~ and with the following vote: AYE: Aldermen Baker, Chessman, Coyills, Kerrio, Merrett, Puttick, and Somerville. NAYE: Aldermen Janvary, and Orr. No. 103 - Chief Administrative Officer - Re: Council Meeting - Easter Monday. The report recommends that the Council meeting regularly scheduled for Monday April 8th, 1985, be cancelled· ORDERED on the motion of Alderman Coyills, seconded by Alderman Chessman, that the report be received and adopted. ~arri_ed Unauimou~ly_~ -6 - No. 104 - Director of Personnel - Re: Negotiations - Local 133, C.U.P.E. The report being recommended for approval by the Committee of the Whole requests City Council to ratify the amendments in the attached Memorandum of Settlement and pass a by-law authorizing a Collective Agreement to be signed by the Mayor and City Clerk incorporating these amendments, together with a general increase in salaries of 4.3% to be effective January 1, 1985, and a general increase in salaries of 4.25% to be effective January 1, 1986. Alderman Janvary declared a conflict of interest because her husband has an interest in the dental profession. ORDERED on the motion of Alderman Kerrio~ seconded by Alderman Coville, that the report be received and adopted. The motion Carried with Alderman Janvary abstaining from the vote oR a conflict of interest previously recorded, and all others voting in fayour. BY-LAWS ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerrio, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 85-41 - A by-law to provide for the refund of taxes. No. 85-42 - A by-law to authorize the execution of an agreement with Morrison Bentry Limited for engineering services for a Hydrogeologic Impact Study Phase III at the Mountain Road Sanitary Landfill Site. No. 85-4__3 - A by-law to provide monies for general purposes. The motion Carried with Alderman Baker voting contrary on By-law No. 85-41; Aldermen Chessman, Coville, Hinsperger, Janvary, and Merrett abstaining from the vote on By-law No. 85-43 on conflicts of interest previously recorded in Report No. 100; and all others voting in favour. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Keighan, that the following by-laws be now read a second and third time: No. 85-41 - A by-law to provide for the refund of taxes. No, 85-42 - A by-law to authorize the execution of an agreement with Morrison Beatty Limited for engineering services for a Hydrogeologic Impact Study Phase III at the Mountain Road Sanitary Landfill Site. No. 85-4~3_ - A by-law to provide monies for general purposes. The motion Carried with Alderman Baker voting contrary on By-law No. 85-41; Aldermen Chessman, Covllle, Hinsperger, Janvary, and Merrett abstaining from the vote on By-law No. 85-43 on conflicts of interest previously recorded; and all others voting in favou~. RESOLUTIONS No. 9 - COVILLE - ORR - RESOLVED that the unit prices submitted by Autoland Crysler for the purchase of a 4-wheel drive 3/4-ton pick-up truck at the low tendered price of $11,950, and the tender of Autoland C~ysler for a passenger vehicle at the low tendered price of $10,075, be accepted; AND the Seal of the ~orporation be hereto affixed. Carried Unanimously. No. 10 - JANy_ARY - MERRETT - RESOLVED that a message of condolence be forwarded to the family of'the late Mrs. Flora Diane McQuade, a highly respected .member of ~he community; AND the Seal of the Corporation be hereto affixed. ~jrrie~.Unanimousl~. - 7 - NEW BUSINESS MR. THOMAS PRUE - ,,WALK-WITH-TOM" His Worship Mayor Smeaton referred to the handout communication from ~F · Thomas Prue challenging Council to a walkathon in support of the local y.M.C.A. The event is scheduled for March 13th, 1985 from City Hall, Niagara Falls, to Queen's Park, Toronto. Mr. Prue was in attendance at the meeting to confirm the challenge. MINISTER OF MUNICIPAL AFFAIRS & HOUSING - LOCAL GOVERNMENT WEEK His Worship Mayor Smeaton referred to a communication he had recently received from the Honourable Claude F. Bennett dated February 1985 with a Citation enclosed to express appreciation to City Council and the community for their participation in Local Government Week, January 14th to 19th, 1985. HUMANE SOCIETY AGREEMENT Alderman Baker requested information concerning the Agreement being prepared between the City of Niagara Falls and the Niagara Falls Humane Society and the anticipated time of its completion- The Chief Administrative Officer advised that a report would be submitted to Council on this matter- CIVIC COMMITTEE UPDATE Alderman Janvary presented an update report on the following matters: 1) United Way; 2) Community 3ustice Week; 3) Conference at Brock University on "Niagara River during the next 10 Years" scheduled for March 8th, 1985. ORDERED on the motion of Alderman Janvary, seconded by Alderman Coville, that an upper limit of $100 be approved for the attendance of two Aldermen at the Conference. Carried Unanimously- Jr. Achievement Fund Drive Luncheon artended on March 1st, 1985. 4) REGIONAL HEALTH COUNCIL/CANCER STUDY In response to Mayor Smeaton's request for information concerning the Cancer Study being performed by the Regional Health Council, Regional Councillor E. Sherat advised that this had not yet been completed- ONTARIO GOOD ROADS CONFERENCE Alderman Puttick advised that a report would be submitted in the near future with respect to the Ontario Good Roads Conference he had recently artended. MR. MIKE LESKIW, NIAGA_RA FUTURE PROMOTIONS INCORPORATED Mr. Mike Leskiw, Director of Public Relations for Niagara Future promotions Incorporated, requested permission to address the next meeting of City Council regarding the upcoming Molson's Slo-Pitch Tournament- Mayor Smeaton advised that the matter would be considered at the next meeting of the Finance Committee and that Mr. Leskiw would he notified of the scheduled date. It was moved by Alderman Puttick, seconded by Alderman Kerrio, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, BARBARA G. SCOTT, DEPUTY CITY WILLIAM SMEATON TENTH MEETING pLANNING/REGULAR MEETING Council Chambers March 11, 1985 Council met on Monday, March llth, 1985 at 7:30 p.m. for the purpose of considering Planning Matters and general business- All members of Council were present with the exception of Alderman Cummings. His Worship Mayor Smeaton presided as Chairman. Alderman Chessman offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Coyills, that the minutes of the meeting held March 4th, 1985, he adopted as printed- Carried Unanimously. UNFINISHED BUSINESS NIAGARA FALLS FAMILY Y.M.C.A. - REPORT OF CHIEF AD_MINISTRATIVE OFFICER Report No. 105 - Chief Administrative Officer - Re: Request of Niagara Falls Family Y.M.G.A- for financial assistance. The report advises that the legal authority for making a grant to the Y.M.C.A. is found in Section 113 of the Municipal Act, R.S.O. 1980, as amended, a copy of which is attached to the report as Schedule 7; and further, that this section provides that the Council may make a grant, "on such terms and conditions as to security and otherwise as the Council may consider expedient". The report further advises that if Council considers it advisable to provide financial assistance to the "Y" based on the need of the "Y" in the community, as determined by Recreation Staff and an analysis of the "Y's" financial needs, it would appear that a grant in the amount of $200,000 will be required for the fiscal year ending December 31, 1985. No further financial commitanent can be made by Council beyond their current term without the approval of the Ontario Municipal Board. The afore- mentioned amount recognizes the total financial commitment to the "Y" which is necessary in order to remove existing liabilities save and except the outstand- ing mortgage- Financia~ assistance should be subject to the following conditions: (a) Payment of funds to the "Y" be made on a monthly basis (March to November) in such amounts as are necessary to meet their current commitments with an upset limit of $200,000 for the current year. (b) Agreement by the "Y" that an assessment will be undertaken by a professional fund raising organization prior to a public fund raising campaign to reduce or eliminate the current capital debt. (c) The establishment of a '~unicipal advisory team" o£ elected and appointed staff to assist the "Y" in such areas as programming, fiscal policy, budgetting and cash flow and maintenance facilities- (d) In conjunction with the Recreation Department, the Y.M.C.A. develop a plan to update and market the services provided by the "Y". (e) The Y.M.G.A. appoint a qualified Executive Director to co-ordinate and direct all services and operations of the "Y"- (f) The City terminate its lease with the Y.M.G.A. for C.W. Palmer Park effective April 22, 1985 and that the Recreation Commission prepare a report to Council with respect to the operation and use of the park for the current year. Alderman Hinsperger declared a conflict of interest because he is employed by and a shareholder in a .company which could be a creditor. Alderman Keighan declared a conflict of interest because members of his family have an interest in a company which is a creditor. Mr. Thomas Prue, 6531 Level Avenue, discussed historical data in connection with the "Y" and asked ~ity ~ouncil to accede to the Y.M.O.A. request for financial assistance. -2- Mr. George Kirkham, President of the Niagara Falls Family Y.M.C.A., was granted permission to address Council on the motion of Alderman Janvary, seconded by Alderman Kerrio. He advised that he had reviewed the above mentioned report of the Chief Administrative Officer, that the "Y~e" basic position was outlined in the communication attached to the report, and expressed approval of the recommendations in the report. Mr. Kirkham further advised that if the "Y" receives financial assistance from the City at this time, the "Y" should be in a position "to stand on its own in one or two years". The Chief Administrative Officer pointed out the need for securing the invesrJnent of the City in the Y.M.C.A. in the event of a future termination Of the "Y", and suggested writing off a specific amount each year over a 5 year period of time. Be discussed the advisability of establishing an Advisory Team to provide expertise in building maintenance, financing, and resources, with representation from the Buildings & Inspections, Finance, and Recreation Departments. His Worship Mayor Smeaton suggested that the aforementioned departments, together with the Chief Administrative Officer and any Aldermen who wish to participate, might serve on the Advisory Team. Fir. Kirkham replied to questions raised regarding the financial information included in the report. He stated that it was essential that a qualified Executive Director be appointed to the Y.M.C.A. A further discussion followed respecting the proposed Advisory Team, public contributions towards the "Y", a monthly payment schedule, and the possibility of "first refusal on the property' in the event of a cessation of the organiza- tion. It was pointed out that as many members of Council may be on the Board of the "Y" as wish to serve. It was suggested that the Advisory Team might be on a "short term basis for a year or two". ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary, that the report be received and adopted, subject to the following conditions: (a) Payment of funds to the "Y" be made on a monthly basis (March to November) in such amounts as are necessary to meet their current commitments with an upset limit of $200,000 for the current year. ~ (b) Agreement by the "Y" that an assessment will be undertaken by a professional fund raising organization prior to a public fund raising campaign to reduce or eliminate the current capital debt. (c) The establishment of a '~unicipal advisory team" of elected and appointed staff to assist the "Y" in such areas as progranuning, fiscal policy, budgetting and cash flow and maintenance of facilit{es. (d) In conjunction with the Recreation Department, the Y.M.C.A. develop a plan to update and market the services provided by the "Y". (e) ~ Y.M.C.A. appoint a qualified Executive Director to co-ordinate and direct all services and operations of the "Y". (f) The City terminate its lease with the Y.M.G.A. for C.W. Palmet Park effective April 22, 1985 and that the Recreation Commission prepare a report to Council with respect to the operation and use of the park for the current year. (g) The submission of a report to-Council to~include various-methods of securing the investment. The motion Garrie_____~dwith Aldermen Hinsperger, and Keighan abstaining from the' vote on conflicts of interest previously recorded, and all others voting in fayonto His Worship Mayor &neaton declared a 5 minute recess at 8:30 p.m. Following the recess,members of Council reconvened in the Council Chambers for the balance of the me~ting, ~ 3 ~ REPORTS - pLANNING MATTERS No. 106 - (pD/21/85) - Chief Administrative Officer - Re: AM-14/80 (Revised) Official Plan Amendment and Zoning By-law Amendment Applications- Applicant: Mr. J- Brigis; Location: South side of Mountain Road, east of the Q.E.W. The report recommends the following: 1) Notwithstanding the previous approval, in principle, of the Planning and Development Cor~nittee and Municipal Works Committee to facilitate amendment to the Official Plan and Zoning By-law, said amendments and resulting dev- elopment of Mr. J. Brigis be deemed premature; 2) That Council reaffirm the existing Official Plan policy statement requiring the provision of full municipal services in the Mountain Road Tourist Commercial District as a prerequisite to development; 3) That in recognition of developmental pressures being experienced within the Mountain Road Tourist Commercial District, and the general area of Niagara Sports Centre, consideration be given to the preparation of a servicing study for these areas; 4) That the applicant, Fir. J. Brigis, be advised accordingly- His Worship Mayor Smeaton advised that this was the official Public Meeting to consider the proposed amendments, and asked the Deputy City Clerk to explain the proposal and the date Notice of Public Meeting was forwarded- The Deputy Clerk advised that this application was for an Official Plan Amendment and a Zoning By-law Amendment for a restaurant and gas bar on lands situated in Part of Township LotS 27 and 34 located on the south east corner of Mountain Road and the Q.E. Way, with a frontage on Mountain Road of + 128 metres or 420 feet. She further advised that the subject property is d~signated Tourist Commercial, and the Official Plan requires development in this area to be contingent upon the provision of full municipal services- The Deputy Clerk explained that the applicant proposes to have the City amend the text of the Official Plan to enable development on a portion of the property by considering alternative servicing schemes rather than full municipal services, and further, that the development was the subject of an outstanding zoning application No'. AM/14/80 which resulted in a draft zoning by-law which was not passed by Council because an Official Plan ~mendment was required as well- She stated that the applicant is now proceeding with both amendments- The Deputy Clerk further stated that the Notice of the Public Meeting was forwarded by first class mail on February 8th, 1985. In response to Mayor Smeaton~ enquiries, Mr. 3. Brigis indicated his presence at the meeting, and an interested resident indicated that he wished to speak. Mayor &neaton advised that all persons'wishing to receive further notice of the passing of the by-law should submit their names and addresses to the Deputy Clerk prior to leaving the meeting- He reviewed the procedure of the Public Meeting and asked the Planning Director to explain the purpose and reason for the proposed by-law amendment- The Planning Director explained that the proposal would amend the text Of the Official Plan to enable development on a 0.55 hectare parcel (1.4 acres) by considering alternative servicing schemes deemed appropriate by the Municipality and other authorities rather than full municipal services- He further explained that in implementing the amendment to the Official Plan, the Zoning By-law would also be amended by introducing site specific zone regulations to govern development and restricting uses permitted on the site, as well as changing the zone category of the site from Deferred Tourist Commercial (DTC) and Automobile Service Station (AS) to a special Tourist Commercial Zone. The Planning Director demonstrated the subject property with the assistance of a posted sketch of the area, and a sketch of the 0fftcal Plan. He referred to correspondence contained in the Technical Report~ and discussed the two main issues of site servicing and prematurity.. The Planning Director stated that both the Ministry of the Environment and the Health Services Department had 'identified that a conventional subsurface sewage disposal system would not bejappropriate for the site, and the questionable plausibility of alternative systems because of the physical characterstics of the soil, financial expend- ltures required, and flows generated from the proposed land use. -4 - The Planning Director advised that the proposed change could not be recommended, and asked Council to confirm its policy, and if Council wished to consider development in this area, that full servicing be studied. In response to Mayor Smeaton~s request for comments from persons other than the applicant in support of the by-law amendment, Mr. Radonir Glisovic of the Northway Motel, 2560 Mewburn Road, discussed the lack of services in the area, and expressed support of the application. A response was not received to Mayor Smeaton's request for comments from persons opposed to the application. Mr. John Brigis, the Applicant, referred to the second recommendation in the report regarding the reaffirmation of the existing Official Plan policy statement requiring full municipal services as a prerequisite to'development, and the suggested alternative servicing which could be considered. He stated that servicing was "worthless unless you have City sewers", and referred further to Club Italia in the area having provided its own disposal system. Mr. Brigis discussed an extract from the report regarding the support of the application by the Municipal Works Department in principle subject to the private sewer system being approved by the Health Unit. Mr. Brigis submitted a communication he had received from Mr. David W. Sawicki, P. Eng., which stated that the informations~pplied to the firm had been reviewed "concerning near surface soil conditions and the sewage disposal system for the proposed restaurant-motel complex" at the subject location, and based on the review the native soils were not suitable '~for the development of a conventional inground septic system". The communication suggested that "an nerobit sewage disposal system could be designed for the proposed development.. · and . . . adequately sized to handle the anticipated volume of sewage and the tile field should be designed and constructed in conformante with the Ontario Ministry of the Environment regulations". Mr. Brigis submitted a further communication from Mr. Peter M.Ao McGlone, P. Eng., of MeGlone &.Associates Ltd. which indicated that "some form of type 6 system and built up leaching bed would be required to provide on-site sewage disposal for this property". The communication suggested a further investigation with a view to "providing a possible hydraulic connection between the surfici~-I disposal system and the more permeable layers that were encountered at depth". The Applicant referred to the comments in the Technical Report with respect to the Niagara Peninsula Conservation Authority'a lackof objections to the proposed amendments providing that appropriate measures were incorporated in the site plan to mitigate the potential post development increase in stormwater runoff. He referred further to the Regional Public Works'a..app~o.val of the development providing the appropriate approvals are received from the Niagara Region Health Unit respecting the private sewage system, and the Niagara Region Health Services Department's r~commendation that the property be developed with full municipal services. Mr. Brigls advised that he had visited the Welland office of the. Ministry of the Environment earlier today, and discussed an alteration In the proposal ~rom a capacity seating in the restaurant of 150, to 100 seats. He submitted a communication from Mr. D.R. Crump, p. Eng., District Officer of the Welland District Office of the Ministry of the Environment, which states that in view of the proposed change to a 100 seat restaurant, they are prepared to Withdraw their outright objection and take a position similar to the Regional Health Unit, that an engineering assessment of the site and system design acceptable to both the Ministry and the Health Unit be provided. ' Mr. Brigis presented a copy of a communication from Mr. W.J. Smith of Southwest Pipej Hamilton, suggesting specification8 and costs for an nerohie waste water treatment plant and.disposal field. He. also presented a copy of a communication from the Medical Officer of Health, Regional Niagara Health Unit which gives temporary approval for a subsurface sewage disposal system, and states that all tests'regarding a sewage system must be taken before construction of bullding begins, and that fezchinS of property from the City of Niagara Falls must be obtained before final approval is granted. -5 - The Planning Director advised that the information forwarded to Mr. Brigis by the Ministry of the Environment office had not been made known to City Staff, and further, that all of the recent data received by Mr. Brigis would be required, together with the proposed modifications to the seating capacity. Mr. Tim Brow~, 2621 Olden Avenue, requested information regarding the proposed hours of service for the station, as well as anticipated truck traffic. Mr. Brigis advised that there would not be sufficient space in the present site for trucks, and that the hours of operation would be To 2:00 a.m. during the summer months. Mr. Brown asked that interested residents in the subject area be informed of any further discussions. Following further discussion Mayor Smeaton declared the Public Meeting closed- ORDERED on the motion of Alderman Keighan, seconded by Alderman Puttick, that the report be received and the matter tabled to allow the Applicant an oppor- tunity to contact the Planning Department concerning the proposed modifications to the seating capacity for the restaurant and update the application, as well as receiving approval from the Ministry of the Environment and the Health Depart~nent with respect to adequate sewage services. The motion Carried with the following vote: AYE: Aldermen Coyills, Hinsperger, Janvary, Keighan, Kerrio, Merrett, 0rr~ Puttick, and Somerville. NAYE: Aldermen Baker, and Chessman- No. 107 - (PD/22/85) - Chief Administrative Officer - Re: ST-113 Guidelines for Wetlands Management in Ontario, O~tario Federation of Agriculture. The report recommends the following: 1) That the Ontario Federation of Agriculture be advised that: (a) The City of Niagara Palls on 1985 01 14, supported the basic purpose and the intent of the guidelines for Wetlands Management in Ontario, and the thrust of the Ministry in the preservation and enhancement of wetlands as ~n important resource. (b) The City of Niagara Falls did, however, express several areas of concern that the Ministry should have'regard for when developing the proposed wetlands policy statefaent if the stated purpose of the guidelines is to be achieved. 2) That a copy of the Planning Department's report PD/5/85 be supplied to the Ontario Federation of Agriculture for perusal. ORDERED on the motion of Alderman Puttick, seconded by Alderman Coyills, that the report be received and adopted. Carried Unan~_~- No. 108 - (PD/23/85) - Chief Administrative Officer - Re: AM-19/82 Dr. V. Vasic, Lots 40 & 41, 5481 Portage Road - Proposed profe;sional office building and parking. The report advises that the proponent, Dr. V. Vasic, has requested that this matter be tabled because he has purchased additional property directly adjacent to the lands which are subject of application AM~18/82; and recommends that the report be received and filed for information. ORDERED on the motion of Alderman P~ttick, seconded by Alderman Coyills, that the report be received and adopted. Carried U~animoual~ No. 109 - (PD/20/85) - Chief Administrative O~ficer -Re: 0-3 - Planning and Development Activities Report for January and F~bruary 1985. The report provides information regardin~ the Status of Planning Studies, and Development Review, and recommends that the report be received and filed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Gorilla, that the report be received and adopted. Carried Unanimously- No. ll0 - (PD/24/85) - Chief Administrative Officer - Re: 8T-93 - Legal Agreement for the 1983/84 G.A.I.P. The report Hdvises that when the approval of the Ontario Municipal Board is received, the City and Province will be in a position toexecute the legal ~greements enabling the City to implement the Queen Street/River Road Redevelopment Plan under the 1983/84 C.A.I.P., and recommends that the report be received and filed for information. ORDERED on the motion of Alderman P~ttiek, seconded by Alderman Gorilla, that the report be reqeived and adopted. Carried ~n~nim~u%l~ -6- UNFINISHED BUSINESS POSSIBLE DIVERSION OF FUNDS FOR DIRECT & INDIRECT PARTICIPATION IN CONVENTIONS Alderman Puttick discussed the promotion of tourtam through groups, individual businesses and industries, an item which had been referred to the Finance Committee in October 1984 for a review of convention promotion and policies, as well as the diversion of funds for direct or indirect partici- patlon in conventions in relation to the Niagara Falls Visitor & Convention Bureau 1984 grant and 1985 proposal. lie suggested that funds be set aside for the use of people from Niagara Falls travelling outside the area, for tourlsm promotion purposes. Alderman Puttick referred in particular to the possibility of a future Shriners' Convention coming to Niagara Falls. Alderman Chessman suggested that the matter should be referred to the Finance Committee to be given full consideration, and further, that Alderman Patrick should submit a written report of his proposal prior to the meeting. ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, that the matter be referred to the Finance Committee for consideration at the next meeting of the Committee. .Carried Unanimously. COMMUNICATIONS No. 65 - Regional Municipality of Niagara - Re: Fourth Quarter & Annual 1984 Building Permit Activity Report. The communication encloses the aforementioned report for the information of Council. ORDERED on the motion of Alderman Chessman, seconded by Alderman Baker~ that the communication be received and filed. Carried Unanimously. No. 66 - Ministry of Trans~o~tation & Communications - Re: Proposed 6Okm/h Speed Zone Extension, Highway 420 - West of Stanley Avenue. The coramunication requests the consideration of Council with respect to the extension of the existing 60km/h speed zone on Highway 420 at Stanley Avenue further west in order to encourage lower vehicle speeds approaching the Stanley Avenue traffic signal. .' ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr, that the communication be received and ~he request endorsed. Carried Unanimously. '~ See Resolution No. 16. No. 67 - Niagara Fails Review - Re: Progress '85 Edition. The communication discusses the publication of the Progress '85 edition and requests the participation of the City of Niagara Falls in this edition. t ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerrio, that the communication be received and approval be given for a one-half page advertisement in the Progress '85 edition. Carried Unanimously. No. 68 - O~tario Track & Field Association (OTFA) - Re: RUN CANADA RUN. The communication requests the'support a~d parti~ipation of the City of Niagara falls in the third National Physical Activity Week scheduled for May 25th to June 2nd, 1985. Alderman Janvary sugg~;sted that perhaps some event could be planned in conjunction with International Youth Year, to promote this event. ORDERED on the motion of Alderman Orr, seconded by Alderman Coville, that the communication be referred to the Recreation Department for promotion of the event. Carried Unanlmousl. y~ No. 69 - City of Vantar . Re: English/French rights in Ontario. The communication requests the support of Council in a resolution regarding the English/French rights in Ontario. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinspergert that the communication be received and filed. Carried U_njnimo_usl~. No. 70 - Linda M~ Wal_t~rs,_S_olicitor _ Re: Greater Niagara Association for the Mentally Retarded. The communication requests a general amendment to the zoning by-law with regard to a property owned by the above mentioned Association at 5965 Barker Street. ORDERED on the motion of Alderman Cheesman~ seconded by Alderman Merrett~ that the communication be referred to Staff. Carried Unanimp~3.1_3/~ - 7- No. 71 - The Royal Canadian Letion, Branch No. 51 - Re: 48th Annual Pilgrimage to Cenotaph- The communic~tion refers to the above mentioned Pilgrimage to the Cenotaph, Queen Victoria Park by 40 & 8 Society of the American Legion on Saturday, May 18th, 1985, and requests a parade permit. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Somerville, that the request be granted. Carried Unanimously. No- 72 - Niaaara Promotion Association - Re: Blossom Festival '85. The communicati'6~ requests permission to hold the Blossom Festival '85 parade on May 4th, 1985, and receive assistance from the Recreation Director. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Coyills, that the communication be received and the request to hold the parade and for the aasistance of the Recreation Director be approved. Cabtried Unanimou_~_~_~_~- REPORTS No. 111 - Chief Administrative Officer - Re: Tenders for the Hydraulic Cleaning of Sewers and Culverts,'and Tel~visio~ Inspection of Sewers. The report recommends that the following tenders be accepted: 1~ Hydraulic Cleaning of Sewers and Culverts by Bob Robinson Construction; 2) Television Inspection of Sewers by [~derwater Tel-Eye Sewer Services Limited. ORDERED on the motion of Alderman Baker, seconded by Alderman Coyills, that the report be received and .adopted. Carried Unanim~ See Resolution No. 11. See By-law No. 85-47& 85-48. No. 112 - Chief Administrative Officer - Re: Rental of Equipment for Landfill Site 1985. The report recommends that the tender of Nisus Construction for providing an 18 tonne crawler type bulldozer, with operator at $28.84 per hour, and a 17 t0nne crawlet tractor type front-end loader, with operator at $30.02 per hour, be accepted. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanim~uslFJ See Resolution No. 12. See ~y-law No. 85-46. NO. 113 - Municipal Parking & Traffic Committee - Re: 1985 Ontario Traffic Conference. ~The report recommends that on~ member of Staff and one member of Council attend this Conference. ORDERED on ~he motion of Alderman Kerrio, seconded by Alderman Hinsperger, that the report be received and adopted.. Carried Una~im~o~sly_.. No. 1i4 - Mun~ci_pal Parking & Traffic Committee - Re: 1985-1986 Agreement with~Canadian Corps of Commissionaires. The r~port recommends that the by-law, .appearing later on the Ageads, authorizing an A~reement with the Canadian Corps of Commissionaires for by-law enforcement purposes, be approved. ORDERED on the motion of Alderman Merrett, seconded by Alderman Coville~ that the report be received and adopted. Carried Un~n~m~usl~ See By-law N?~ 85-45. No. 115 - Chief Administrative Officer - Re: A.G.A.O. Brief to the Provincial Secretary for Resources Development on Property Taxation of Public Lands within the Minister's Niagara Escarpment Planning Area. The report discusses the concerns reviewed in the Brief and recommends that the contents of this report be noted and that it be received and filed. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unantmous_q~j~ No. 116 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends~ that the accounts totalling $1,095,873.28 for the one week period ending March llth, 1985 be approved by the passing of the by-law appearing later on.the ageads. -8 - Alderman Hinsperger declared a conflict of interest on Cheque No. 07144 because he is employed with the company. Alderman Merrett declared a conflict of interest on Cheque No. 07141 because the firm he works with is involved. Additional information was provided for Cheques No. 07185, 07235, and 07264. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville, that the report be received and adopted. The motion Carried with Aldermen Hinsperger, and Merrett abstaining from the vote on Cheques No. 07144 and 07141 consecutively, as previously recorded; and all others voting in favour. No. 117 - Chief Administrative Officer - Re: Parts 1 and 2, Plan P-1915-217, Part of Township Lot 178 at the intersection of the Q.E. Way and McLeod Road. The report recommends that the Ministry of Transportation and Communications he advised that the City of Niagara Falls is not interested in acquiring either of these two parcels of land and suggesting that the Ministry may wish to retain Parcel No. 2 for drainage of their property in this location. ORDERED on the motion of Alderman Coville, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. No. 118 - Chief Administrative Officer - Re: North ~raerican Pavement Management Conference - March'l~-21, 1985 - Toronto. The report of the Municipal Works Committee recommends that the Director of Municipal Works be authorized to attend the North American Pavement Management Conference from March 18th to March 21st, 1985. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 11 - BAKER - COVILLE - RESOLVED that the unit prices submitted by the following for Hydraulic Cleaning of Sewers and Culverts; and Television Inspection of Sewers, be accepted at the low tendered amount: - Bob Robinson Construction - Hydraulic Cleaning of Sewers & Culverts - $11,O00.00(sewers) 1,500.00 (culverts) - Underwater Tel-eye Sewer Services Limited - Television Inspection of Sewers - $10,125.00 ; AND the Seal of the Corporation be hereto affixed. Ca_r~ied Unanimously. No. 12 - CBEESMAN - HINSPERGER - RESOLVED that the unit prices submitted by Nisus Construction for an 18 tonne crawlet type bulldozer, with operator at $28.84 per hour; and a 17 tonne crawlet tractor type front-end loader, with operator at $30.02 per hour, be accepted at the low tendered amount; AND the Seal of the Corporation be hereto affixed. Carried Unanim_ou_sl_yt No. 13 - CHEESMAN - KEIGHAN - RESOLVED that pursuant to The Public Transportation and Highway Improvement Act, the Council of the Corporation of the City of Niagara Falls hereby requests a combined capital and operating allocation of provincial subsidy funds in the amount of $32,540.00; AND the Seal of the Corporation be hereto affixed. Carried Un_a_nimously. No, 14 - ~I~PERGER - KEIGHA~ - RESOLVED that pursuant to The Public Transportation and Highway Improvement Act, the Council of the Corporation -of the City of Niagara Falls hereby requests an allocation of subsidy funds for public transportation in the amount of $49,500 for the Capital Assistance Programme; and $438,192 for the Transit Operating Assistance Programme; AND the 8~al _of the Corporation be herato affixed, Carried Unanimously,_ -9 - No. 15 - JANVARY - ORR - RESOLVED that a message of condolence be forwarded to the family of the late Mrs. Elsie Elizabeth Hawkins, wife of former Mayor Ernest M. Hawkins, and well respected member of the community; AND the Seal of the ~orporation be hereto affixed. Carried Unanimously. No. 16 - KERRIO - ORR - RESOLVED that the City of Niagara Falls endorse the request of the Ministry of Transportation and Communications to extend the existing 60km/h speed zone on Highway 420 at Stanley Avenue further west to Portage Road in order to encourage lower vehicle speeds approaching the Stanley Avenue traffic signal; AND the Seal of the Corporation be hereto affixed. Ca___rried Unani,~mously. BY- LAWS ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerrio, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 85-44 - A by-law to authorize the execution of an agreement between The Corporation of the City of Niagara Falls and the Canadian Union of Public Employees. Local Union Number 133. No. 85-45 - A by-law to authorize agreements with qanadian Corps of Commissionaires (Hamilton). No. 85-46 - A by-law to authorize the execution of an agreement with Nisus Construction Limited for the supply of equipment for the City's sanitary landfill site- No. 85-47 - A by-law to authorize the execution of an agreement with 284612 ~ Ontario Limited for the hydraulic cleaning of sewers and culverts. No. 85-48 - A by-law to authorize the execution of an agreement with Underwater ' Tel-Eye Sewer Services Limited for the television inspection of sewers. 'hNo. 85-49 - A by-law to provide monies for general purposes. .... T~ mot~ ~rried' with Aldermen Hinsperger, and Me~rett abstaining from the vote on By-law No. 85-49 on conflicts of interest previously recorded in Report No. 116; and all others voting in favour. ORDERED on the motion of Alderman Htnsperger, seconded by Alderman Baker, that the following by-laws be now read a second and third time: No. 85-44 - A by-law to authorize the execution of an agreement between The Corporation of the City of Niagara Falls and the Canadian Union of Public Employees. Local Union Number 133. No. 65-4._______!5 - A by-law to authorize agreements with Canadian Corps of Commissionaires (Hamilton). No. 85-46 - A by-law to authorize the execution of an agreement with Nisus ' Construction Limited for the supply of equipment for the City's sanitary landfill site. No. 85-47 - A by-law to authorize the execution of an agreement with 284612 ' Ontario Limited for the hydraulic cleaning of sewers and culverts. No. 85-48 - A by-law to authorize the execution of an agreement with Underwater Tel-Eye Sewer Services Limited for the television inspection of sewers, - l0 - No. 85-49 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Hinsperger, and Merrett abstaining from the vote on By-law No. 85-49 on conflicts of interest previously recorded, and all others voting in favour. NEW BUSINESS NIAGARA FALLS ECONOMIC DEVELOPMENT AGENCY - MONTHLY REPORT Alderman Puttick brought to the attention of Council the aforementioned handout report and expressed the opinion that according to the report the liaison between the Agency and the Niagara Regional Development Corporation appears to be working well. NIAGARA ENVIRONMENT DAY Alderman Coyills referred to the success of Niagara Environment Day which was held March 9th, 1985 at the Coronation Centre. ORDERED on the motion of Alderman Coville, seconded by Alderman Merrett, that a letter of congratulations be forwarded to Canadians for a Clean Environment in this regard. Carried Unanimously. NIAGARA RECYCLING Alderman Coville referred to the meeting scheduled for March 13th, 1985 at 7:30 p.m. at Brock University. The speaker will be ~ir. Brian McMullan, General Manager of Niagara Recycling. It was moved by Alderman Chessman, seconded by Alderman Baker, that the meeting adjourn. READ ~aND ADOPTED, BARBARA C. SCOTT, DEPUTY CITY WILLI~ON ELEVENTH MEETING REGULAR MEETING Council Chambers March 18, 1985 Council met on Monday, March 18th, 1985 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Alderman 0rr. His Worship Mayor Smeaton presided as Chairman. Alderman Cummings offered the Opening Prayer. ADOPTION OF MINUTES Alderman Cummings declared a conflict of interest on Cheque No. 07149 in Report No. 116, Municipal accounts, which was included in the minutes of March llth, 1985. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Merrett, that the minutes of the meeting held March llth, 1985, be adopted as printed. Carried Unanimously. DEPUTATION MRS. ANNE BRIGIS - DRAINAGE PROBLEM Mrs. Anne Brigis, 7354 Scholfield Street, addressed Council regarding rearyard drainage problems at her home. She advised that she had purchased her home in 1979, and had not encountered drainage problems until a developer had recently constructed a house next door leaving the grade of the land 19" higher than Mrs. Brigis' land. She further advised that drainage pipes had not been installed by the developer. Mrs. Brigis stated that three other adjacent residents were having similar problems. She further stated that the matter had been taken to Court, and she had been advised by the Judge to refer the matter to City Council in o~der that some resolution might be found. Mr. Thomas Brigis, son of Mrs. Anne Brigia, confirmed the drainage situation and referred to the violation of the Subdivider's Agreement dealing with place- ment of the building and grading of the land. Be stated that the catch basin was not designed properly and, therefore, it was impossible for the water to be eliminated in this way. Mr. Brigis distributed pictures of the subject area for the perusal of Council. The Supervisor of Research & Special Projects advised that he had visited the site and discussed the problem with Mrs. Brigis. He expressed the opinion that the matter could be rectified with regrading, and further, that this should be done by Mrs. Brigis. In reply to questions raised, the City Solicitor stated that he was not aware of any claim being made against the City. He cautioned members of Council with respect to statements concerning the matter. Following further discussion, it was moved by Alderman Chessman, seconded by Alderman Hinsperger that the matter be referred to Staff and the Municipal Works Committee for 'investigation and report. The motion Carried with the following vote: AYE: Aldermen ~aker, Cheesman, Coyills, Cummings, Hinsperger, Janvary, Keighan, Kerrio, Merrett, and Somerville. NAYE: Alderman Puttick. UNFINISHED BUSINESS SECURITY FOR GRANT TO THE NIAGARA FALLS FAMILY Y.M.C.A. - REPORT OF CHIEF ADMINISTRATIVE OFFICER No. 119 - Chief Administrative Officer - Re: Security for Grant to the Niagara Falls Family Y.M.G.A. The report recommends that Council=: 1) Receive this report; Decide whether it wishes to obtain security for its proposed grant to the Y.M.G.A. in a form substantially the same as .outlined below; o2 - 3) Indicate whether it wishes to proceed with the advancing of its proposed grant to the Y.M.C.A. prior to the finalization and r~gistration of the security documents. Alderman Hinsperger declared a conflict of interest because he is an employee of and a shareholder in a company that could be a creditor. Alderman Keighan declared a conflict of interest because members of his family have an interest in a company which is a creditor. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the report be received and adopted. ~ae motion Carried with Aldermen Hinsperger, and Keighan abstaining from the vote on conflicts of interest previously recorded, and all others voting in fayour. - AND - No. l19(a) - (Verbal Report) - Chief Administrative Officer - Re: Interim Budget of Y.M.C.A. The Chief Administrative Officer advised that the Finance Committee, earlier today, had considered a request of the Y.M.C.A. for interim funding in the amount of $39,800.00, in conjunction with the previously recorded report. He further advised that the Finance Committee recommended approval of the request. ORDERED on the motion of Alderman Cummings, seconded by Alderman 3anvary, that the $39,800.00 interim budget request of the Y.M.C.A., approved by the Finance Committee, be granted. The motion Carried with Aldermen Hinsperger, and Keighan abstaining from the vote on conflicts of interest previously recorded, and all others voting in fayour. - AND - Ccmmunication No. 73 - Niagara Falls Family Y.M.C.A. - Re: Financial Assistance. The communication expresses appreciation to Council for providing the necessary funds to enable the organization to continue in the community. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the communication be received and filed. The motion Carried with Aldermen Hinsperger, and Keighan abstaining from the vote on conflicts of interest previously recorded, and all others voting in favour. COMMUNICATIONS No. 74 - Clifton Hill Board of Management - Re: 1985 Clifton Hill B.I.A. Budget. The communication requests that the total 1985 Budget amount of $66,665.00 be levied to all eligible Clifton Hill B.I.A. members. ORDERED on the motion of Alderman Keighan, seconded by Alderman Hineperger, that the communication be received and the request approved. Carried Unanimously. No. 75 - Canadian Corps Association - Re: 41st Annual "Pilgrimage Parade" - June 15th, 1985. The communication advises of the aforementioned event and requests approval. ORDERED on the motion of Alderman Chessman, seconded by Alderman· Somerville, that the communication be received and the request approved. Carried Unanimously. No. 76 - Regional Municipality of Niagara - Re: 1985 Interim Levy By-law. The communication encloses two certified copies of By-law No. 3837-85, being "A By-law to provide for an Interim Levy Against the Area Municipalities in the Year 1985". · ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Kerrio1%hat the communication be received and filed· Carried Unanimously. REPORTS No. lZ0 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Restaurant, Stanley Avenue and Spring Street (Northeast corner). The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed restaurant, and the site plan being drawing number A-1 dated February 18, 1984, and filed with the Buildings and Inspections Department of the City of Niagara Falls on March 18, 1985, and that such approval be subject to the conditions contained in the report· ORDERED on the motion of Alderman Kerrio, seconded by Alderman Hineperger, that the report be received and,adopted· Carried Unanimously. - 3 - No. 121 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for February 1985. The report provides information regarding permits Issued, and Highlights for February 1985, as well as March Proposals. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and filed. Carried Unanimously. No- 122 - Chief Administrative Officer - Re: 1985 Technical Operation Course "B" ~ Traffic Training Course. The report recommends that one member of the Municipal Works Department be authorized to enroll in the 1985 Technical Operation Course "B", sponsored by the Ontario Traffic Conference. ORDERED on the motion of Alderman Cummings, seconded by Aldelman Hinsperger, that the report be received and adopted. Carried UnanimoFsly- No. 123 - Municipal Works Committee - Re: Use of Calcium Chloride for Winter Road Maintenance. The report attaches an informational report to the Municipal Works Committee and recommends that the attached advisory report be received and filed for information- ORDERED on the motion of Alderman Coyills, seconded by Alderman Janvary, that the report he received and adopted. Carried Unanimously% No. 124 - Chief Administrative Officer - Re: Purchase of Decorative Poles and Light Units for Queen Street Redevelopmen% Area (C.A.I.P. No. I). The report recommends that the unit prices submitted by GOodwill Electric Supply for the poles, light fixtures and associated brackets be approved, and that the by-law appearing on tonight's agenda authorizing the purchase be passed. ORDERED on the motion of Alderman Cummings, seconded by' Alderman Hinsperger, that the report be received and adopted. Carried UnanimVusly. See Resolution No. 17. See By-law No. 85-52. No. ·125 - Chief Administrative Officer - Re: Amendment of Agreement between City of Niagara Falls and Cameco Hotels Ltd. - FOrmer Ramada Inn Site (West side of Stanley Avenue). The report recommends that the existing Agreement (Instram~nt ~363419) be amended as follows: 1) Delete the watermain and water lateral requirement; 2) Retain the requirement for sidewalk deposit of $3,900 to be paid when a Building Permit i.s issued for the site. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the report. be received and adopted. Carried Unanimousl.y..: No. 126 - Hazardous Waste Steering Committee - Re: Overtime Compensation for Research Coordinator. The report recordhands that Ms. G. daboar be compensated for the overtime accumulated by means of a bonus in the amount of $263.00 plus the payment of registration fees for 2 three-day supervisory skills courses in the amount of $450.00. ORDERED on the motion of Alderman Coyills, seconded by Alderman Keighan, that the report be received and adopted. Carried Unanimously~ ' No.' 127 - Chief Administrative Officer ~ Rei' C.W. Palmar park. The report recommends that City Staff be directe"~ to 'prepare a lease agreement between the City of Niagara Falls and the Optimist Club of Niagara Falls Incorporated for the use of C.W. Palmar Park. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the Pepor% be received and adopted. Carried Unanimously. z-· No. 128 - Chief ~x]ministrative Officer ~ Re: Application for a Pawn Broker's Licenee. The report recommends that Council approve of the issuance of a Pawn Broker Licenee to Mro (]us Ladas to operate "Gus's Pawn Shop" at 5899 Main Street subject to the deposit of satisfactory security in the sum of $2,000.00 for the due observance of the Pawn Brokers Act. During the discussion that followed, Alderman Puttick requested further information concerning the legality of Item No. 7 on Schedule 18 to By-law No· 76-102 which was attached to the report. Item No. 7 is as follows: "The City Council may refuse to approve an application for a licenee or renewal thereof without giving any causen· -4- It was agreed that the City Solicitor would investigate snd advise Council of the legality of Item No. 7. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Hinsperger, that the report be received and adoOted. Carried Unanimously. No. 129 - Chief Administrative Officer - Re: By-law to Provide for Cheque Signing Authority. The report recommends that Council pass the by-law appearing on this evening's agenda to provide for cheque signing authority. ORDERED on the motion of Alderman Merrett, seconded by Alderman Somerville, that the report be received and adopted. Carried Unanimously. See By-law No. 85-50. No. 130 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $2,722,996.61 for the one week period ending b~rch 18th, 1985 be approved by the passing of the by-law appearing later on the agenda. Alderman Chessman declared a conflict of interest on Cheque No. 7365 because his wife is employed by the Library. Alderman Hinsperger declared a conflict of interest on Cheque No. 7272 because he is an employee of the firm. Alderman Keighan declared a conflict of interest on Cheque No. 7278 because a member of his family has an interest in the company. Additional information was provided on Cheques No. 7314, 7337, and 7432. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville, that the report be received and adopted. The motion Carried with Aldermen Chessman, Hinsperger, and Keighan abstaining from the vote on Cheques No. 7365, 7272, and 727~ consecutively, on conflicts of interest previously recorded; and all others voting in fayour. No. 131 - Chief Administrative Officer - Re: Licence Agreement for an Unimproved Section of Ramsty Road. The report recommends that the City authorize the execution of a licence agreement with Washington Mills Limited for the use of that portion of Ramsty Road immediately abutting the northerly boundary of thei~ property. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 132 - Finance Committee - Re: 1985 Water Budget and Water Rates. The report recommends that the 1985 Water Budget and 'the 1985 Wate~ rates as presented be adopted. ' ' · / ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously.. No. 133 - Finance Committee - Re: Parking Fund. The report recommends .that the 1985 Parking Fund Revenue and Expenditure Forecast be approved. ORDERED on the motion of Alderman Merrett, seconded by Alderman Coyills, that the report be received and adopted. Carried Unanimously. RESOLUTION No. 17 - CU~ff4INGS - HINSPERGER _ RESOLVED that the unit prices submitted by Goodwill Electric Supplies Ltmttpd for poles, light fixtures and associated brackets for Q~een Street Redevelapment Area (C.A.1-.P. No. I) be accepted at the low tendered amount of $73,000.00; AND the Seal of the Corporation be hereto affixed. Carried Una~imously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville, that leave be granted to introduce the following by-laws, and the by-laws be read a first time; - 5 - No. 85-50 - A by-law to provide for the signatures on cheques to be issued by the Treasurer. No. 85-51 - A by-law to provide monies for general purposes. No. 85-52 - A by-law to authorize the execution of an agreement with Goodwill Electric Supplies Limited for the supply of street lighting assemblies. The motion Carried with Aldermen Cheesman, Hinsperger, and Keighan abstaining from the vote on By-law No. 85-51 on conflicts of interest previously 'recorded in Report No. 130; and all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the following by-laws be now read a second and third time: No. 85-50 - A by-law to provide for the signatures on cheques to be issued by the Treasurer. No. 85-51 - A by-law to provide monies for general purposes. No. 85-52 - A by-law to authorize the execution of an agreement with Goodwill Electric Supplies Limited for the supply of street lighting assemblies. The motion Carried with Aldermen Cheesman, Hinsperger, and Keighan abstaining from the vote on By-law No. 85-51 on conflicts of interest previously recorded; and all others voting in fayour. ' NEW BUSINESS ONTARIO GOOD ROADS ASSOCIATION (O.G.R.A.) CONFERENCE Alderman Puttick discussed a handout report he had prepared regarding the recent O.G;R.A. Conference he'had artended ~s a representative of Council. His Worship Mayor Sa]eaton expressed appreciation for the report. ORDERED on the motion of Alderman Puttick, seconded by Alderman Kerrio, that the report bereceived and adopted. Carried Unanimously. ADVISORY CO~MITTEE TO THE Y.M.C.A. His Worship Mayor Smeaton initiated a brief discussion regarding the Advisory Committee mentioned above, and requested volunteersfor the Committee. Aldermen Cheesman, Cummings, Janvary and Puttick volunteered to serve on the Committee. Mayor Smeaton advised that a further report would be forthcoming respecting the Advisory Committee. MR. THOMAS PRUE - WALKATHON Mr.~homa~ Prue who hadvcompleted a walksthan to Toronto from Niagara Falls last week was in attendance at the meeting. 'The proceeds from the Walkathon were intended for the Niagara Falls Family Y.M.C.A. '~ His Worship Mayor-Smeaton congratulated Mr. Prue for successfully completing his walk to Toronto. SPEEDING CARS/BANTING AVENUE Alderman Hlnsperger related concerns expressed by residents in the area of Banring Avenue in Chippaws, regarding the speed of cars which endanger children playing in this area where there are no sidewalks, The Chief Administrative Officer advised that he would contact the Regional Niagara Police tomorrow with the request that a Police Cruiser be situated in the area to control the speed of carS, SAFETY AWARD MEETING Alderman Somerville referred to the recent Safety Award Banquet which he had attended for Mayor Smeaton. His Worship Mayor Smeaton expressed appreciation and commended Staff recipients of the Awards. -6- ORDERED on the motion of Alderman Somerville, seconded by Alderman Cheesman, that letters of congratulations be forwarded to the recipients of the Awards. Carried Unanimously. FCM/MUNICIPAL INFRASTRUCTURE IN CANADA - BOOKLET Alderman Cheesman referred to a handout communication from the Federation of Canadian Municipalities (FCM) with an attached booklet entitled Municipal Infrastructure in Canada: Physical Condition & Funding Adequacy. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that the booklet be referred to Staff for comments to the Municipal Works Committee. Carried Unanimously. OWMC/NEWS ITEM Alderman Coyills referred to a recent news article in the St. Catharines Standard regarding the O.W.M.C., and expressed objection to remarks in the article. MR. & MRS. MIKE PYM/TROLLEY BUS Alderman Puttick referred to a handout communication from Mr. and Mrs. Mike Pym dated March 15th, igS5, which was addressed to the City Editor of the Niagara Falls Review, with copies to the City Clerk, Niagara Transit Commission, and the Ministry of Transportation & Communications. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the communication be read. The motion Carried with the following vote: AYE: Aldermen Baker, Coyills, Cummings, Hlnsperger, Janvary, Keighan, Kerrio, Puttick, and Somerville. NAYE: Aldermen Chessman, and Merrett. The Deputy City Clerk reviewed the communication from Mr. and Mrs. Pym which referred to a discussion at a recent meeting of City Council, and statements made at the meeting concerning locally built trolley buses. It was moved by Alderman Cheesman, seconded by Alderman Kerrio, that the meeting adjourn. READ AND ADOPTED, BARBARA G. SCOTT, DEPUTY CITY YOR WIL~.~SMEATON ~ELFTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 March 25, 1985 Council met on Monday, March 25th, 1985 at 6:30 p.m. in Committee of the ~ole. All members of Council were present with the exception of Alderman Kerrio. Alderman Chessman presided as Chairman. Following consideration of the anted the Committee of the Whole arose without reporting. READ AND ADOPTED, "BARBARA G. SCOTT, DEPUTY CITY S. SMEATON REGULAR MEETING Council Chambers March 25, 1985 Council met on Monday, March 25th, 1985 at 7:30 p.m. for the purpose of considering regular business. All members of Council were present with the exception of Alderman Kerrio. His Worship Mayor Smeaton presided as Chairman. Alderman Hinsperger offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the minutes of the meeting held March 18th, 1985 he adopted as printed. Carried Unanimously. DEPUTATION- MR. & MRS. MIKE PYM - TROLLEY BUSES Communication No. 77 - Mike & Petra Pym - Re: Trolley Buses. The communication expresses concern that further information regarding the trolley bus concept, and intentions of the City with respect to a trolley bus system, cannot be obtained. Mrs. Petra Pym addressed Council regarding the aforementioned matter, and requested clarification with regard to recent newspaper articles, as well as the procedure being followed by the City of Niagara Falls with respect to securing trolley bu~s for the City. His Worship Ma~or 8meaton advised that he was a representative of the Transit Commission. He further advised that there had been no change in the matter since a previous discussion at the March 4th, 1985 Council meeting, and reiterated information given to Mr. and Mrs. Pym at that time. Mayor Smeaton advised that the Ministry of Transportation and Communicatto~ had been con- tacted regarding available funding for theme vehicles, and further, that when this info~mation is received the matter will be referred to the Transit Commission. The Commission would subsequently report back to Council with a request to proceed. In response to questions raised, Mayor Smeaton stated that information respecting income from the "Shuttle" route of Niagara Transit might be obtained at the next meeting of the Transit Commission, through a request to Mr. G.H. Mowers, Chairman of Niagara Transit. He further stated that Council would be willing to hear any concerns of interested tourism and taxi operators. -2 - Following further discussion, Mayor Smeaton suggested that Mrs. Pym could contact him for further clarification on points of concern. It was pointed out that funds were not available at this time for the purchase of a vehicle. It was further pointed out that the matter had been considered at a meeting of the 'Downtown Revitalization Steering Committee, the discussion had been recorded in the minutes of the meeting, and that this information was available to the public. UNFINISHED BUSINESS OAKES PARK BASEBALL STANDS - PROGRESS REPORT The Director of Municipal Works advised that work was progressing well on the Oakes Park Baseball Stands, and the completion date should be before the end of May 1985. He stated that construction should not interfere with the playing field, and that the playing field could be used at any time, although the score board was not yet wired for use. Djring the discussion that followed, Mayor Smeaton expressed some concern that the facility would not be availble to meet the City's commitment to the Inter-County Baseball League early in May. He suggested that facilities be made available for the League games, and the possibility of utilizing portable bleachers. The Recreation Director reviewed the tentative schedule of the Inter-County Baseball League from May 12th to 29th, 1985. It was suggested that the principals of the League be contacted, and further, that the schedule might be rearranged. It was further suggested that the backstop be Pei~lvbishedo ORDERED on the motion of Alderman Puttick, seconded by Alderman Merrett, that the report be received and filed. Carried Unanimously. LE CIRQUE DU SOLEIL - REPORT OF CHIEF ADMINISTRATIVE OFFICER Report No. 134 - Chief Administrative Officer - Re: Le Cirque du Solell. The report recommends that Le Cirque du Solell be invited to perform in the City of Niagara Falls from Saturday, August 17th to Manday, September 2nd, 1985, and that the Director of Recreation be authorized to assist the representatil~e from the Province of Quebec. The Chief Administrative Officer stated that an acceptable non-municipal alternative site had been found for the circus pre- sentation. The Recreation Director advised that a meeting would be held tomorrow to finalize details for the presentation with the group, and a report ~would be subsequently submitted to Council. ORDERED on the motion of Alderman Puttick, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. PAWNBROKER'S LICENCE - REPORT OF CHIEF ADMINISTRATIVE OFFICER Report NO. 135 - Chief Administrative Officer - Re: Schedule 18 to By-law No. 76-102, ~s amended - Pawnbroker's Litante. The report recommends the following: 1 ) ~hat the contents of this report be received for the information of Council; and Z) That Council pass the by-law appearing on tonight's agenda to repeal section 7 of Schedule 18 to By-law No. 76~102, as amended.' ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker, that the repor~ be received and adopted. Carried Unanimously. See By-law No. 85-54. BILL 93 - NEW PUBLIC LIBRARIES ACT - COMMUNICATION FROM N~AGARA FALLS PUBLIC LIBRARY Communication No. 78 - Niagara Falls Public Library - Re: Provincial Bill 93. The communication attaches a copy of a communication forwarded to the Minister of Citizenship and Culture which reviewed concerns with respect to lack of recognition of members of the library profession, suggested that a member of Council should continue to participate on City library boardos and the need for further clarification of Section 24(Z) of BIll 93. 3 -3 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan, that the communication be received and referred to the Finance Committee for consideration- Carried Unanimously- COMMUNICATIONS No. 79 - Town of Fort Erie - Re: Utility Arrears - Lien Upon Lands. The communication requests that Council support a resolution to ask the Minister of Municipal Affairs and Housing to amend provisions of the Public Utilities Act to provide that utility arrears become a lien upon lands and buildings in priority to other lien claimants and collectable as property taxes; and that the support of other Ontario Municipalities and the Association of Municipal- ities of Ontario be sought. The Chief Administrative Officer advised that this has been an DugDinE issue, and A.M.O. was a suitable body to consider the matter. ORDERED on the motion of Alderman Keighan, seconded by Alderman Hinsperger, that the communication be received and the resolution endorsed. It was further recommended that the matter be referred to the Association of Municipalities of Ontario for consideration- Carried Unanimously- No. 80 - Chippaws Volunteer Firefighters Association - Re: Annual Benefit BID-Pitch Tournament - July 4th to 7th, 1985, Chippaws Fire Hall. The communication requests a special occasion permit for the event. Alderman Somerville declared a conflict of interest because a member of his family belongs to the organization- ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the request of the Chippaws Volunteer Firefighters Association for a special occasion permit for the Annual Benefit Slo-Pitch Tournament to be held on July 4th, 5th, 6th, and 7th, 1985, at Chippaws Fire Hall, Niagara Falls, be approved subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Niagara District Health Unit, and the Liquor Licensing Board of Ontario. The motion Carried with Alderman Somerville abstaining from the vote on a conflict of interest previously recorded, and all others voting in fayour- No. S1 - Chippaws Volunteer Firefighters Association -'Re: Annual Benefit Slo-Pltch Tournament - July 6th, 1985, Niagara South Arena Complex. The communication requests a special occasion permit for the event. Alderman Somerville declared a conflict of.interest because a member of his family belongs to the organization. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the request of the Chippaws Volunteer Firefighters Association for a special occasion permit for the Annual Benefit Slo-Pitch Tournament to be held on July 6th, 1985, at the Niagara South Arena Complex, Niagara Falls, be approved subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Niagara District Health Unit, and the Liquor Licensing Board of OUtafro. The 'motion Carried with Alderman Somerville abstaining from the vote on a conflict of interest previously recorded, and all others voting in fayour. No. 82 - Ontario Sewer & Watermain Contractors Association (OSWCA) - Re: New Ontario Provincial Standards. The communication refers to the new set of standards set by the Ministry of Transportation & Cormmunicattons, and the Ministry of the Environment in an effort to increase building quality, reduce costs and enhance contractual understanding~ and urges Council to consider the adoption of these standards. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the communication be received and referred to Staff. Carried Unanimousl~: No. 83 - Judy. Wade - Re: Recycling Programme in Niagara Falls - and - Anti- Scavenger By-law. The communication urges Council to financially assist the Recycling Programme in Niagara Falls, and to pass an "Anti-ScaVenger ~y-lawI' related to the Recycling Programme. ORDERED on the motion of Alderman Orr, seconded by Alderman Coyills, that the communication be received and referred to the Municipal Works and Finance Committees for consideration. Carried Unanimously. -4 - No. 84 - Historical Automobile Society of Canada Inc. - Re: 22nd Mlossom Tour. The communication requests assistance for out-of-town tour participants in the form of a "welcome meal" and suggests $100.00. ORDERED on the motion of Alderman 0rr, seconded by Alderman Covitle, that the communication be received and the request denied, and the matter be referred to the Niagara Promotion Association for consideration. The motion Carried with the following vote: AYE: Alderman Baker, Cheesman, Coyills, Hinaperger, 3anvary, Keighan, Herrerr, Orr, and Somerville. NAYE: Aldermen Cummings, and Puttick. No. 85 - Consumers' Gas - Re: Increase in rates. The communication advises that an Application has been made to the Ontario Energy Doard for an Order authorizing an increase in Consumers' Gas Company Ltd. rates to recover additional revenue in the amount of $23.9 million, and attaches a copy of the Application. A discussion followed regarding Page 3, Item (a)(ii) of the Application which discusses increased revenues required to recover "excise taxes, taxes on production or other taxes not now being recovered in rates", and the effect on people with fixed incomes. It was pointed out that that the Federal Oovernmen~ had provided grants of $800 to persons changing their heating systems from oil heat, and a request was made for clarification of the statement in the Applica- tion, Note "A" E.B.R.O. 403, Page 1, that "the revenue increase is necessary to offset the effects of declining gas requirements per customer". It was suggested that the matter should be referred to the Regional Municipality of Niagara to obtain comments from the 12 area Municipalities and prepare a brief. ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville, that the communication be received and filed. The motion was amended on the motion of Alderman Keighan, seconded by Alderman Chessman, that the document be received and the Consumers' Gas Company Ltd. he contacted and asked for clarification concerning declining gas requirements related to Government sponsored changcovers in heating systems. It was further recommended that the matter be referred to the Regional Municipality of Niagara for the preparation of a brief to include comments from the area Municipalities. Carried Unanimously. REPORTS No. 136 - Chief Administrative Officer - Re: Proposed Amendment to Willoughby and Crowland Zoning By-laws - Notice of Public Meeting. The report recommends that Staff be directed to circulate an appropriate courtesy notice of the proposed by-law amendment and public meeting by third class bulk mail/to all householders within the Willoughby and Crowland areas. ORDERED on the motion of Alderman Chessman, seconded by Alderman Coyills, that the report be received and adopted. Carried Unanimously. No. 137 - Chief Administrative Officer - Re: Surplus Municipal Property Slnnicks Avenue and Vine Street. The report recommends that Council pass the by-law appearing later on the agenda to sell Lot 102, Plan 109, on the north side of Vine Street to Fiore Vescio, at a price of $12,000.00, and that the purchaser be given the right of first refusal on the adjacent lot No. 101. Nis Worship Mayor Smeaton received a negative response to a request for comments from interested persons present. ORDERED on the motion of Alderman Cummings, seconded by Alderman 0rr, that the report be received and adopted. Carried Unanimously. See By-law No. 85-54. No. 138 - Chief Administrative Officer - Re: Contract S.8. 1-85 - Sanitary and Watermain ~nstallatton and Road Rehabilitation on Welland Street, Dock Street & Greenwood St. The report recommends that the unit price submitted by the low tendeter, Blairick Ltd., for Contract S.S. 1-85, be accepted by Council. -5- ORDERED on the motion of Alderman Hinsperger~ seconded by Alderman Coville, tt~t the report be received and adopted. Carried UnanimjuslX See Resolution No. 20. See B~-law No. 85-55- No. 139 - Chief Administrative Officer - Re: Contract R.C. 2-85 - Road Reconstruction on Buchanan Avenue from Robinson Street to Dixon Street - Stage II. The report reccmmends that the unit prices submitted by the low tenderer, Northland Bitulithic Limited, for Contract R.C. 2-85, be accepted by Council. ORDERED on the motion of Alderman Orr, seconded by Alderman Merrett, that the report be received and adopted. Carried UnanimousiX. See Resolution No. 21. See By-law No. 85-56.' No. 140 - Chief Administrative Officer - Re: Implementation Agreement between the Ministry of Municipal Affairs & Housing and the City of Niagara Falls re: C.A.I.P. #l. The report recommends the following: l) That the by-law authorizing the agreement between the Ministry of Municipal Affairs and Housing and the City be approved; 2) That Council authorize an allocation of $194,B00 from the contribution to capit~l spending in the 1985 operating budget to this project ORDERED on the motion of Alderman Ctm~nings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimouslj~_- See B~y-law No. 85-61. No. 141 - Chief Administrative Officer - Re: Licerice Agreement between City and Ontario Hydro for Emergency Snow Dumping on Ontario Hydro lsmd, Part lots 2B and 38. The report recon~nends that the by-law authorizing an agreement with Ontario Hydro to allow the City to dump snow on their property be passed. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See B~Zlaw No. 8p-~8. No. 142 - Finance Committee - Re: Finance Committee Reports. The report recommends the following: 1) Niagara Falls Museum Board - That the Curator of the Niagara Falls Museumbe allowed to participate in the City's Employee benefit plan on the understanding that the City be reimbursed in full for all costs. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinsperger, that the recommendation be received and adopted. Carried Unanimously. 2) Observance of Remembrance Day at the Niagara Falls Memorial Arena - That the City co-sponsor an indoor Remembrance Day Service on Monday, November ll, 1985 in the Niagara Falls Memorial Arena and that the normal '..costs to the City associated with this event be charged to account ~lOll7 Miscellaneous - Administration. ORDER on the motion of Alderman Herrerr, seconded by Alderman Hinsperger, that the recommendation be received and adpPted. Carried Unanimously.. 3) Interest on Overpayment of Taxes - That a by-l~w, effective for 1985, to authorize the payment of interest to persons to whom overpayments are reikmded under subsection 36(6) of the Assessment Act be adopted at the rate of9~ from the date payment is received until the refund is m~de. ORDERED on the motion of Alderman Herrerr, seconded by Alderman Coville, that the recomnendation be received and adopted. The motion Carried with Aldermen 0rr voting contrary, and all others voting in layout. -6- 4) That the request of King's Playhouse Foundation (1981) Inc., Georgetown, P.E.I., be received and filed and the request for sponsorship of a seat in the new theatre at a cost of $200.00 be denied. ORDERED on the motion of Alderman Cheesman, seconded by Aldermsn Cun~ings, that the recommendation be received and adopted. C~rried Unanimously. No. 143 - Chief Administrative Officer - Re: Municipal Accounts. The report reconsnends that the accounts totalling $6,718,324.11 for the one week period ending March 25th, 1985 be approved by the passing of the by-law appearing later on the agenda. Alderman Cheesman declared a conflict of interest on Cheque No. 7456 because his wife is employed by the organization. Alderman Hinsperger declared a conflict of interest on Cheque No. 7463 because he is employed by the finn. Alderman Merrett declared a conflict of interest on Cheque No. 7456 because his wife is employed by the Board. Additional information was provided on Cheques No. 7473, 7521, 7549, 7544, 7541, 7512 and 7552. ORDERED on the motion of Alderman Somerville, seconded by Alderman Coville that the report be received sad adopted, with a report to be brought back on cheque number 7512. The motion Carried with Aldermen Cheesman, Hinsperger and Merrett abstaining from the vote in respect to Cheques No. 7456, 7463 and 7456, on conflicts of interest previously recorded; and all others voting in favour. No. 144 - Chief Administrative Officer - Re: Sewer By-law. Recommending the passage of the by-law on the Agenda necessitated by the recent amendment of the Ontario Plumbing Regulation. ORDERED on the motion of Alderman Baker, seconded by Alderman Janvary that thereport be received and adopted. Carried Unanimously. See By-law No. 85-60 No. 145 - Chief Administrative Officer - Re: Designating the Victoria Avenue - Centre Street Business Improvement Area and to establish an area Bo~rd ._ of Msnagement. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger that the Reportbe received and adopted. Carried Unemimously. See By-law No. 85-59 Verbal Report - Director of Municipal Works - Mr. L. A. 0ates advised that the Bridge on Gender Road over the Tee Creek had been damaged and was impassable, and the road had been blocked off. A further report will be · presented to Council on this m~tter. RESOLUTIONS No. 18 - CHEESMAN . HINSPERGER - RESOLVED that the Program of Proposed Sup- plementary Expenditures for Highway Improvements for the year 1985, dated March 25th, 1985, be adopted as presented in the total estimated amount of $1,869,300 with an estimated subsidy Of $830,400; AND the Seal of the Cor- poration be hereto affixed. Carried Unanimously No. 19 - ORE - CUNMINGS . RESOLVED that the Program of Proposed Expenditures for Highway Improvenents for the year 1985, dated March 25th, 1985, be adopted as presented in the total estimated amount of $5,985,600 with an estimated subsidy of $2,319,000; AND the Seal 'of the Corporation be hereto affixed. Carried Unanimously -7- No. 20 - HINSPERGER - COVILLE - RESOLVED that the unit prices submitted by Blairick Limited for Contract S.S. 1-85 - Sanitary and Watermain Instalh- tion and Road Rehabilitation on Welland Street, Dock Street and Greenwood Street, be accepted at the low tendered amount of $346,460.57; AND the Seal of the Corporation be hereto affixed. Csrried Unanimously No. 21 - eRR _MERRETT - RESOLVED that the unit prices submitted by Northland Bitulithic Limited for Contract R.C. 2-85 - Road Reconstruction on Buchanan Avenue from Robinson Street to Dixon Street - Stage II, be accepted at the low tendered amount of $241,952-79; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-lAWS ORDERED on the motion of Aideman Cun~nings, seconded by Alderman Merrett that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 8~-~.~ - To provide for paying to persons to ~,hom overpayments are refunded under ubsection 36(6) of the Assessment Act, interest on the over- payments. No. 85-54 - To amend By-law No. 76-102, as amended, being a by-law respect- ing the issue of licenoes. No. 85-5~ - To authorize the execution of an agreement with Blairick Limited for sanitary sewer, watermaln installation and road rehabilitation. No. 85-56 - To authorize the execution of an agreement with Northland Bitulithic Limited for road reconstruction. ~o. 8~-~7 ~o. 8~-~.8 ~o. 85-59 To authorize the sale of Lot 102 according to Plan 109 for the former Township of Stamford to Fiere Vescio. To authorize the execution of a licenee agreement with Ontario Hydro. To designate gn area as an Improvement Area and to establish for such area a Board of Management. ~o. ~.~-6o No. - Respecting sewer permits. - To authorize the execution of an agreement with the Minister of Municipal Affairs and Housing respecting ~ project in the Queen Street/River Road Redevelopmerit Area under the Ontario Commercial Area Improvement Program and the expenditure of money for such project. No. 8~-62 - To provide monies for general purposes. The motion carried with Alderman Cheesman~ Hinsperger and Merrett abstaining from the vote on By-law 85-62 on conflicts of interest previously recorded in Report No. 143; and all others voting in fayour. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings that the following by-laws be now read a second and third time: No. 85-53 - To provide for paying to persons to whom overpayments are · refunded under subsection 36(6) of the Assessment Act, interest on the overpayments. No. 8~-~ - To amend By-law No. 76-102, as amended, being ~ by-law respect- ing the issue of licences. -8- No. 85-5~ To authorize the execution of an ~greement with Blairick Limited for sanitary sewer, waterm~in installation and road rehabilitation. No. 8~-~6 - To authorize the execution of an agreement with Northlsnd Bitulithic Limited for road reconstruction. No. 8~-5~ - To authorize the sale of Lot 102 according to Plan 109 for the former Township of Stamford to Fiore Veseio. No. 8~-~8 - To authorize the execution of a licerice agreement with Ontario Hydro. No. 8~-~9 - To designate an area as an Improvement Area and to establish for such area a Board of M~nagement. No. 85-60 - Respecting sewer permits. 85-61 - To authorize the execution of sa a~reement ~ith the Minister of Municipal Affairs and Nonsing respecting a project in the Queen Street/River Road Redevelopmerit Area under the Ontario Commercial Area Improvement Program and the expenditure of money for such project. No. 8~-62 - To provide monies for general purposes. The motion carried with Aldermen Cheesman, Hinsperger and Merrett abstain- ing from the vote on By-law No. 85-62 on conflicts of interest previously recorded; and all others voting in fayour. NEW BUS~VESS Y.M.C .A. Alderman Cummings inquired when the Report regarding the complement of the Y .M.C .A. Advisory Committee would be presented. The Chief Administra- tive Officer advised that this Report would be available for the Council Meeting of April 1st, 1985. CITY TELEPHONES Alderman Puttick requested Staff to investigate direct call facilities. The Chief Adm~ ntstrative Officer advised that he would look into this m~tter. ~TLANDS POLICYMEETING Alderman Coville advised that the Wetlands Policy Meeting would be held on Thursday, March 28th, 1985 at 8:00 p.m. JR. ACHIEV~24ENT PLEDGE CARDS Alderman Janvary advised that she had pledge cards for Jr. Achievement. She requested Members of Council to complete and return !the cards to her. ILLEGAL AUTO BODY SHOPS ORDERED on the motion of Alderman Baker, seconded by Alderman Cheesman that City Staff be asked to investigate and report on the advantages and dis- ;aavantages of implementing the Prc~incialOffences Act, in connection with illegal auto body shops. Carried Unanimously. It was moved by Alderman Puttick,As~Aq~ed by Alderman Orr that the meeting adjourn. . -~ '. BARBAPA G. SCOTT, DEPUTY CIT~ CLEf. MAYOR WI IAM S. SMEATON THIRTEENTH MEETING Committee Room #1 April 1st, 1985 Council met on Monday, April 1st, 1985 at 6:30 p.m. in Committee of the Whole, All members of Council were present with the exception of Aldermen Baker, Hinsperger and Somerville. Alderman Cummings presided as Chairman. Following consideration of the items presented the Committee of the Whole arose to report in open Council later in the meeting. READ AND ADOPTED, ///~ ~{E'G~EI ~,vt, l~m'l'f~ Council Chambers April 1, 1985 Council met on Monday, April 1st, 1985 at 7:30 p.m. for the purpose of considering regular business- All members of Council were present with the exception of Aldermen Hinsperger and Somerville. His Worship Mayor 8meaton presided as Chairman. Alderman Keighan offered the opening prayer. DEPUTATIONS MR. ALBERT KERGL - *'HOLIDAY JUICE" - NON-RESIDENT LICENCE FEE/HAWKER & PEDLAR BY-LAW Mr. Albert Kergl of "Holiday Juice" was unable to attend the meeting for a discussion of the above mentioned matter. MR. DON CRITELLI, NEIGMBOURHOOD ENVIRONMENTAL WATCH Mr. Don Critelli of Neighbourhood Environmental Watch addressed Council stating that during the last few weeks, patition volunteers had gone door to door getting people to sign the petition against O.W.M.C. and that the volunteers sensed a mood of distrust towards O,W.M.C. Mr. Critelli informed Council that at this point in time, 10,000 signatures were on the petition. Following further discussion, Mayor Smeaton thanked Mr. Critelli and the volunteers who were in attendance for their hard work. Mayor $meaton stated that this shows the community is rallying behind Council's position. Mayor Smeaton felt that this is the direct result of volunteers working on the streets and on Council's behalf. Alderman Puttick inquired as to how many industries in the Niagara Region are of toxic nature that could use this facility, and asked Mr. Critelli if he had ever talked to Dr. Chant on a one to one basis. Mr, Critelli informed Alderman Puttick that he has not talked to Dr. Chant, but is aware of his position, and that he is not doubting Dr. Chant but rather his Judgement. Alderman Cummings stated that he is pleased that Mr. Critelli and his volunteers are standing behind what Council has said for the past year. Alderman Coville said that no one was criticizing Dr. Chant but that O.W.M.C. has picked the wron~ site for a waste dump, IL · REPORTS. No, 146 - Chief Administrative Officer - Re: Application for Bingo Lottery Permit - The Kinotto Club of Niagara Falls. The report recommends that Council consider if it wishes to recommend to the Ministry of Consumer and Commercial Relations that a Bingo Lottery Permit be issued to the Kinette Club of Niagara Falls to conduct a single Bingo on June let, 1985, at the Niagara Falls Memorial Arena. Alderman Cummings declared a conflict of interest because he is a member of an organization which also conducts bingee. Mr. Paul Heath was in attendance and inquired as to whether or not Council had any questions about the application. Alderman Janvary inquired as to whether The Kinotto Club was experienced enough to handle large bingee. ~ ~Mr.~Heath stated that The Kinette Club is able to handle a large bingo~ and will have assistance from other charitable groups. Alderman Puttick asked the City Solicitor if he had any comments° The City Solicitor stated that he did not. ORDERED on the motion of Alderman Orr, seconded by Alderman Merrett, that Council recommend to the Ministry of Consumer and Commercial Relations that a Bingo Lottery Permit be issued to The Kinotto Club of Niagara Falls to conduct a single Bingo on June let, 1985, at the Niagara Falls Memorial Arena. The motion Carried with Alderman Cummings abstaining on a conflict of interest previously stated, and all others voting in fayour. UNFINISHED BUSINESS REGIONAL MUNICIPALITY OF NIAGARA, REMOVAL OF TREES AT NIAGARA ROAD 57 (THOROLD STONE ROAD) AND ST. JAMES AVENUE No. 86 - Regional Municipality of Niagara - Re: Removal of Trees at Niagara Road 57 (Thorold Stone Road) and St. James Avenue, City of Niagara Falls. The communication informs Council that the Council of the Regional Municipality of Niagara approved the following recommendation of its Public Works and Utilities Committee at its meeting of March 21, 1985: "That any action with respect to the removal of trees at the intersection of Niagara Road 57 (Thorold Stone Road) and t St. James Avenues City of Niagara Falls, be deferred at this time." ORDERED on the motion of Alderman Janvary, seconded by Alderman err, that the ~ommanication be received and filed. Carried Unanimously. REGIONAL MUNICIPALITY OF NIAGARA, CITY BY-LAW 84-279, PROHIBITION OF TRUCK USAGE ON MORRISON STREET No. 87 - Regional Municipality of Niagara - Re: City By-law 84-279, prohibition of heavy truck usage on Morrison Streets City of Niagara Falls. The communication informs Council that the Council of the Regional Municipality of Niagara approved the following recommendation of its Public Works and Utilities ,Committee at its meeting of March 21, 1985: "That the Director of Engineering be authorlead to erect appropriate signs at the Niagara Road 102 (Stanley Avenue)/ Morrison Street, and the Niagara Road 51 (Victoria Avenue)/ Morrison Street intersections for a six month trial period. That Report DEA 251-17 of February 5, 1985, be received and accepted." ORDERED on the sotion of Alderson Cummings, seconded by Alderson Coville~ that the communication be received and filed. Carried Unanimously, ADVISORY COMMITTEE, Y.M.C.A. - REPORT OF THE CHIEF ADMINISTRATIVE OFFICER NO- 147 - Chief Administrative Officer - Re: Establishment of a Municipal Advisory Team to Assist the Y.M.C.A. The report recommends that a MUNICIPAL ADVISORY TEAM be established by the Municipality to assist the Y.M.C.A. in accordance with the terms of reference and conditions enumerated in the report. Alderman Janvary inquired as to whether the Advisory Team would have the power to add additional members if they felt it was necessary and also if the Team would be given the power to act. Mayor Smeaton stated that they would be able to seek additional members for the Team and also they would have the power to act. ORDERED on the motion of Alderman err, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimous.ly~ COMMUNICATIONS & COMMENTS OF DEPUTY CITY CLERk.. Alderman Baker arrived at the meeting. No. 88 - Volunteer Bureau - Re: Proclamation, Volunteer Week - April 14 to 20. The communication requests that City Council proclaim the week of April 14 to 20, 1985, as "VOLUNTEER WEEK" and that a personal promotion of the recognition of Niagaraws many volunteers be made. Mrs. Lynne Savage addressed Council regarding "VOLUNTEER WEEK" and stated that there would be a community showcase at Niagara Square on April 19th and 20th, 1985. Mrs. Savage stated that there are three categories for awards this year: volunteer youth, volunteer group and volunteer citizen, and nomination forms can be picked up at the Volunteer Bureau. ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan that the request be granted sub]eat to established policy. Carried~nanimouslT.. No. 89 - Association of ~unicipalities of Ontario - Re: Local Government Week. The communication requests that the A.M.O. be advised as to how the City of Niagara Falls participated in Local Government Week in 1985, and if Council believes that this should become an annual event. Alderman Janvary stated that she would like to see more done in 1986 towards this with positive sugges~ions and that perhaps if it was brought to the Civic Committee she could get involved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coyills, that the A.M.O. be advised how the City participated in 1985, and that Council recommends that this become an annual event. Carried Unsnimousl7· NO. 90 - Regional Municipality of Niagara - Re: Public Works Department Policy4.4 - Guide Signing for Major Tourist Attractions and Policy 4.10 - Roadway Lighting, Regional Municipality of Niagara. The communication advises Council that policies of the Roadway Division will be included in the policy manual for the Public Works Department and that it was approved by Regional Council on March 21s 1985. ORDERED on the marion of Alderman Puttick, seconded by Alderman Kerrlo, that the communication be referred to the Farking and Traffic Committee, Carried Unanimously. No. 91 - Vetchere, Noel & Eddy - Re: Niagara Helicopters Limited, operation of a heliport at 3731 Victoria Avenue. The communication advises that Niagara Helicopters Limited proposes to make application to Transport Canada for a hellport licence to operate a heliport at 3731 Victoria Avenue. ORDERED on the sotion of Alderman Cummings, seconded by Alderman Merrett that a letter be forwarded to Transport Canada indicating Council~s concerns with past problems in regard to the operations of a Hellport at this location, and that a copy of this letter be sent to Hr, Rob Nicholson. Carried Unanimously. -4- No. 92 - City of Kingston - Re: Great Lakes Water Quality: The Municipal Perspective, sponsored by the Association of Municipalities of Ontario and the City of Kingston in co-operation with the International Joint Commission of the Great Lakes - June 24 to 27, 1985, in KIngston. The communication informs Council that the International Joint Commission of the Great Lakes is holding its 1985 Annual Hosting in the City of Kingston from June 24th to 27th. ORDERED on the motion of Alderman C-mmiugS, seconded by Alderman Coville, that the communication be referred to the Nunicipal Works Committee. Carried Unanimously. No. 93 - The Mariner Booster Club - Re: Mariners Baseball Club Home Games, Oakes Park and a request for a Special Occasion Permit. Alderman Janvary inquired as to whether or not the City has an agreement with this Club. The Chief Administrative Officer stated that at this point in time there is no agreement with The Mariner Booster Club. ORDBRED on the motion of Alderman Cummings, seconded by Alderman Baker, that the matter be deferred until the next meeting. Alderman Janvary stated that the next Recreation Commission meeting would not be held until April 16th, 1985. The Chief Administrative Officer stated that if tentative approval was granted he would check with the Recreation Department to see if this Club has been in touch with the Recreation Co~nission for the use of park facilities. ORDERED on the motion of tlderman Cummings, seconded by Alderman Janvary, that the request of The Mariner Booster Club for a speclal occasion permit for the home games to be held on May 129 18, 25, 26, and 29, June 1, 8, 12, 15, 16, and 29, July 3, 10, 19, 21, 24, 27 and 28, 1985, at the Oakes Park, Niagara Falls, be tentatively approved subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Niagara District Health Units and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 94 - Greater Niagara Baseball Association - Re: Molson NHL Slo-Pitch Challenge at Oakes Park - June 21, 22 and 23, Request Special Occasion Permit. The communication requests a special occasion permit for the above mentioned event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Herrerr, that the request of the Greater Niagara Baseball Association for a special occasion permit for the Molson NH~ Slo-Pitch Challenge to be held on June 21~ 22 and 23, 1985, at Oakes Park, Niagara Falls, be approved subject to the approval of the Regional Police Departmefft, the Niagara Falls Fire Departments the Niagara District Health Units and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 95 - Chatham-Kent Flood Disaster Committee - Re: Flooding disaster and request for financial contribution. The communication requests financial assistance for the individuals in those municipalities .i~vo~ved in the flood which took place in late February and early March. ORDERED on the motion of Alderman Keighan, seconded by Alderman Orr, that the communication be received and filed. The motion Carried with Aldermen theesmart, C,,mmings and Herrerr voting contrary, a~'all others voting in fayour. No. 96 - The Salvation Army, Niagara Falls Citadel - Re: Proclamation of May as Red Shield Month; and Flag Raising at City Hall on May 1, 1985. The communication requests that the month of May be proclaimed "RED SHIELD MONTH" and that a flag raisin~ ceremony be'held at City Hall on Wednesday May 1, 1985, ORDERED on the motion of Alderman Kerrio, seconded by Alderman Baker~ that the request for the proclamotion ha granted subject to established policy; and that the necessary arranSemente be made for the Fla8 Raising. Carried Unanimously. -5- No. 97 - Minister of State, Fitness and Amateur Sport- Re: National Physical Activity Week, May 25 to June 2, 1985 - Request for Proclamation. The communication requests that the week of May 25 to June 2, 1985, be proclaimed as "NATIONAL PHYSICAL ACTIVITY WEEK". Alderman Janvary requested that an inquiry be made to the Ministry to see what kind of programs will be initiated, specifically for the youth. ORDERED on the motion of Alderman Merrett, seconded by Alderman Coyills, that the request for the proclamation be granted subject to established policy. Carri~4UnanimouslY. REPp~TS' No. 148 - Chief Administrative Officer - Re: Property Standards By-law 74-204, Mr. Parker, 6540 Bellevue Street- The report recommends that under clause (a) of sub-section 7.10.4 of By-law No. 74-204 that the Corporation retain a wrecking contractor to forthwith complete the work which Mr. Parker was directed to carry out under the Order given February 6th, 1985 and that pursuant to sub-section 7.10.5 of said By-law No. 74-204 any expense incurred by the Corporation, its servants or agents in carrying out the work aforesaid be recovered in a like manner as municipal taxes. ORDERED on the motion of Alderman Coville, seconded by Alderman Cummings, that the report be received and adopted. Carried UnanimousIX% No. 149 - Chief Administrative Officer - Re: Sylvia Place Market - Refuse Facilities- The report recommends that the Council approve of the relocation and construction of the refuse facilities at the Sylvia Place Market and that a copy of the report be sent to Mr. Michael Scordino. ORDERED on the motion of Alderman Janvary, seconded by Alderman Chessman, that the report be received and adopted. Carried ~nan~mouslyL No. 150 - Chief Administrative Officer - Re: Tenders for Materials - 1985. The report recommends that tenders for materials be accepted as listed in the report and on the tender summary sheets. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the report ha received and adopted. Carried Una.nimousl~.. No. 151 - Chief Administrative Officer - Re: Old Float - "Sale" of One of The Old Floats to Niagara Falls Mentally Retarded Association. The report recommends that an old City of Niagara Falls float be sold to the Greater Niagara Association for the Mentally Retarded for the nominal fee of $1.00. ORDERED on the motion of Alderman Cnmmings, seconded by Alderman Keighan, that the report be received and adopted. Carried Unanimously. No. 152 - Chief Administrative Officer - Re: Dresser Canada, Inc. and Regional Assessment Commissioner, Region No. 18, and The Corporation of the City of Niagara Falls. The report recommends that the information be received and filed for the information of Council. Alderman Chessman stated that he would like to see representation from the City at the hearing on May 24th, 1985. The City Solicitor informed Council that he would attend. ORDERED on the motfon of Alderman Cummings, seconded by Alderman Kerrio, that the report ha received and filed. Carried Unanimous~y.. No. 153 - Chief Administrative Officer - Re: Offer to Purchase Vacant Lands - Simcoe Street and Buckley Avenue. The report recommends that Council pass a by-law appearing later on the agenda to authorize the sale of certain ]ands to Stamford Kiwanis Non-Profit Mousing Inc. Alderman Baker declared a conflict of interest because he is a member of the Stamford Kiwanis Club. Alderman Chessman suggested that a letter be forwarded to the Stamford Kiwanis Club extending best wishes to them on the initiation of this new pro3ect, and commending them for their efforts to provide affordable housing for those in need, -6- ORDERED on the motion of Alderman Orr, seconded by Alderman Keighan, that the report be received and adopted. The motion Ca~rie.d. with Alderman Baker abstaining from the vote on a conflict of interest previously stated, and all others voting in fayour. See By-law No. 85-64. NO. 154 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $111,017.87 for the one week period ending April 1st, 1985 be approved by the pasain~ of the by-law appearing later on the ageode. Alderman Cummings declared a conflict of interest on Cheque No. ?607 because a family member is involved in the program, Alderman Keighan declared a conflict of interest on Cheque No. 7598 because a family member is involved in the company, Additional Information was provided on Cheques No. 7613, 7656 and 7590. ORDERED on the motion of Aldermao Kerrio, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with Aldermen Cummings and Keighan abstaining from the vote on Cheques No. 7607 and 7598 consecutively, as previously recorded; and all others voting in fayour. See By-law No. 85-65. No. 155 - Chief Administrative Officer - Re: Appointments to the Victoria Avenue Business Improvement Area Board of Management. The report recommends that Council appoint an Aldermanic representative to the Board of Management of the Victoria Avenue Business Improvement Area, and the name of the said representative be included in the By-law appearing later on this Agenda appointing the business representatives to the Board. Alderman Orr inquired as to whether a time bed been designated when the Board would meet. The City Clerk informed Council that he had tried to contact Mr. Biamonte and spoke with his wife who thought the meetings would be held once a month and perhaps at the noon hour. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr, that the matter be tabled until more information was available. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that Alderman Dona Coville be appointed as the Aldermanic representative to the Board of Management of the Victoria Avenue Business Improvement Area. Carried Unanimously. gee By-law No. 85-63. No. 156 - Chief Administrative Officer - Re: Non-Union Salaries and Benefits for 1985, The Chief Administrative Officer stated that? at the meeting of Committee of the Whole, City Council considered a report recommending that Council authorize a 4.3% general salary increase for non-union employees and that by-law 84-119 be amended to include changes in non-union benefits as set out in the report. (Salary adjustments to be effective January 1, 1985.) Alderman Janvary declared a conflict of interest on the ODA section. The Chief Administrative Officer read the report in its entirety which was presented in Committee of the Whole. Following further discussion, it was ORDERED on the motion of Alderman Orr, seconded by Alderman Coyills, that City Council authorize a 4.31 general salary increase fo~ non-union employees and that by-law 84-119 be amended to include changes in non-union benefits as set out in this report. (Salary adjustments to be effective January 1, 1985.) The motion C. arried with Alderman Janvary abstaining from the vote on a conflict of interest previously recorded, Alderman Puttick voting contrary, and all others voting in layout. ORDERMD on the motion of Alderman Puttick, seconded by A/derman Kerrios that the data shee~ presented in Committee of the Whole be attached to the report and be made public. The motion Carried with Alderman Janvary abstainin8 from the vote on a conflict of interest previously recorded, Aldermen 0rr .and Coyills votin8 contrary, and all others voting in favour. -7- ORDERED on the motion of Alderman Puttick, seconded by Alderman Kerrio, that the Chief Administrative Officer bring a recommendation in two months respecting an alternative method of submitting non-union salary increases to Council in conjunction with the existing Regional study. The motion Carried with Alderman Janvary abstaining from the vote on a conflict of ~ntdr~st previously recorded, and all others voting in favour. No. 157 - Chief Administrative Officer - Re: Renewal of Employee Benefit Insurance. The Chief Administrative Officer stated that the recommendation in the report is that the employee benefits comprising Life Insurance, A.D. & D., HOspital, Dental and Extended Health Care, remain with Excelsior Life, our present carrier, and that the firm of Ball-Harrison Employee Benefits - our Agent of Record - continue to administer the City's employee benefits. Alderman Janvary declared a conflict of interest on the ODA section. Alderman Metfelt declared a conflict of interest because he is a member of the Insurance Brokers Association- The Chief Administrative Officer read the report in its entirety which was presented to City Council at the Finance Committee meeting. Mr. Bob Putt, representing First Niagara Insurance Brokers Incl and Mr. Ron Hansel, representing Ball-Harrison Employee Benefits Insurance Agency Ltd., were present and addressed Council and were available to answer any questions. The Director of Personnel provided additional information. Following further discussion. it was ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr, that the report be received and adopted. The motionC~ried with Aldermen Janvary and Merrett abstaining from the vote on a conflict of interest previously recorded, and Mayor Smeaton and Alderman Cummings voting contrary, and all others voting in favour. BY-LAWS ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: Alderman Baker declared a conflict of interest because he is a member of the Stamford Kiwanis Club. No. 85-63 - A by-law to amend By-law No. 85-5, as amended, providing for appointments to certain Boards, Commissions and Committees. No. 85-64 - A by-law to authorize the sale of certain lands to Stamford Kiwanis Non-Profit Housing Inc. No. 85-65 - A by-law to provide monies for general purposes. The motion Carried w~th Alderman Baker abstaining from the vote on a ~lconflict of 'interest on,By-law No. 85-64, and all others voting in ~vOU~'. ~.;,~ ~ ORDERED on the motion of Alderman Chessman, seconded by Alderman OfT, that the following by-laws be now read a second and third time: Alderman Baker declared a conflict of interest because he is a member of the Stamford Kiwanis Club. No. 85-63 - A by-law to amend By-law No. 85-5, as amended, providing for appointments to certain Boards~ Commissions and Committees. -8- No. 85.-~4 - A by-law to authorize the sale of certain lands to Stanford Kiwanis Non-Profit Housing Inc. No. 85-65 - A by-law to provide monies for general purposes. The motion Carried with Aidernun Baker abstaining from the vote on a conflict of interest on By-law No. 85-64, and all others voting in faYour. MEW BUSINESS STIMULATION EXCERCISE Alderman Cheesman stated that he had put a stimulation excercise in each Alderman's ageode envelope and hoped that they would try to complete it. REMARKS BY TOUR OPERATORS Aidernun Puttick referred to the recent remarks made by some tour operators regarding a possible trolley-like bus to be operated by Niagara Transit. Mr. Gabs Mallouk, Chairman of the Downtown Board of Management was present and stated that he was upset with the remarks that had been made. Following further discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that Mayor Smeaton write a letter to Mr. Jack McLaren stating that Council does not condone this type of comment and asking for an apology. The motion was Defeated with Aldermen Cummings, Baker, Puttick and Kerrin voting in layout, and all others voting contrary. NIAGARA PARKS COMMISSION Alderman Cummings stated that during the past week many Aldermen had the opportunity of learning what the Niagara Parks Commission does and said that Aldermen Merrett, Puttick, and Keighan have represented Council on the Niagara Parks Commission. O.W.M.C. KIOSK AT NIAGARA SQUARE Alderman Coville informed Council that the O.W.M.C. Research Team will have an information kiosk at Niagara Square on April 12th and 13th, 1985, and asked if any Aldermen would like to assist at the booth. ~ It was moved by Alderman Chessman, seconded by Aldernun Kettle, that the meeting adjourn. SPECIAL MEETING Council met in Committee Rooms 2 and 3 on Monday April 15th, 1985, for the purpose of discussing the 1985 Budget for the City of Niagara Falls. All Aldermen were present with the exception of Alderman Kerrin. Alderman Charles Chessman, Chairman of the Finance Committee, presided as Chairman. Aidernun Chessman opened the meeting by reading the following "The Finance Committee is pleased to present its Operating Budget for 1985 for the consideration today of the Council's Committee of the Whole. What you have before you represents months of meetings and deliberations both by staff and by the Finance Committee. As you know, we began this year with a substantial surplus for 1985. This came about not only by Judicious management of financial affairs, but also as an indirect and unanticipated consequence of Market Value Assessment which was instituted for the 1984 tax year. Before actually coming to the budget, I would like to make these preliminary comments: 1. This budget contains several unusually one-time expenditures. Large one-time items have a habit of turning up. year by year, but 1985 is unique: (a) You have already authorized up to $226,000 in respect of O.W.M.C. (b) You have already authorized up to $200,000 in respect of the Y.M.C,A. facilities. (c) The staff computer committee has almost completed its work and will shortly present a recommendation to Council entaillug an expenditure of some $475,000. These three item8 represent approximately 4 1/2 mills. 2. With respect to so-called "grants", in most cases the Committee recommends to Council an increase of approximately 5%. To achieve this, many requests were reduced. 3. One major request came from the Visitor and Convention Bureau. This was for $30,000 over and above the annual figure in respect of a major convention promotion in co-operation with Niagara Falls, New York. The Finance Committee was evenly divided in this matter as to how to proceed. As a consequence, no motion could pass other than that of referral to this meeting today. Later I shall be asking you to decide specifically on this particular request. Many years ago, or perhaps not so long ago as that, the principal concerns of municipal Councils were sewers, sidewalks, streets, water, public safety, zoning and development. Some of us have been on this Council long enough to see elected officials more and more concerned with what could be loosely called "social" issues and responsibilities: social planning, gearedTto-income housing, retirement and nursing homes, recreation and leisure activities, sports facilities, the arts, the needs of senior citizens, the handicapped, the disadvantaged, the unemployed, the abused, in our midst. The protection of our environment and waste management have become the hottest issues of the decade. We have begun, or rather have become increasingly visible, in our efforts to revitalize whole city blocks, where we are no longer simply reconstructin~ hard services, but are attempting to change the character and atmosphere of our community. These "social issues", as I have called them, collectively represent many mills each year - together they have helped create the community that we now enjoy and have pride in. I doubt if anybody would want to taturn only to sewers, streets and sidewalks. We have been increasingly involved in and sophisticated in a program of industrial and commercial stimulation. Witness our long-standing patternship with the Economic & Development Agency and the Visitor and Convention Bureau, Over the decades, hundreds of thousands of dollars of e, 's s s 2 -2- tax-payers' rates have been conicteed to various endearours where the aim is to stimulate business, commerce, industry of all kinds. We supply this seed money in the belief that ultimately the tax-payer benefits. I personally am prepared to believe that we all have banefired from such policies. Now a brief word about the mechanics of this meeting. At a meeting such as this it is very easy for us to get lost in the forest because of the trees. I am therefore going to ask you to use Schedule One as our agenda for the purpose of this meeting. I shall ask Collinson very briefly Co introduce each major heading one at a time (he may depart from the precise order of the schedule). Followfn~ his brief introduction, members of the Committee may put their questions, make comments, or introduce motions. When it is apparent that a genera/consensus prevails, we shall move on to the next heading. When we come Co the Section 23 called "Grants", I shall ask for a resolution regarding the Visitor and Convention Bureau~s request for $30,000.00 in respect of a major promotion activity. Representatives of the Visitor and Convention Bureau will be here in approximately one half hour. Ladies and Gentlemen, let the meeting begin. Hr. Collinson, item number one please." The Chief Administrative Officer stated that representatives of the Recreation Commission were present and the first item to be discussed would be Section 16, Schedule One. The Chief Administrative Officer said that there is an overall increase of 2.7X over 1984. Alderman Herrerr arrived at the meeting. Alderman Cummings inquired whether or not groups were encouraged to put money back into the park facilities, The Director of Recreation stated that all groups are encouraged to be self-sustaining and put the money back into the facility. Aldermen Janvary inquired whether there would be any further reductions in this area. The Director of Recreation informed Alderman Janvary that there would be a reduction if an organization were to receive a grant from Winratio. The Chief Administrative Officer stated that Item 19, regarding Stamford Jack Bell Arena, has a 17Z increase because of the purchase of a condenser. Alderman Janvary expressed the concern of safety under Section 17. Alderman Janvary felt that soma sort of repairs should be done to the tennis court on Ontario Avenue. The Maintenance & Operations Engineer stated that funding was deleted in this area because o~ the economy. Aldermen Coyills arrived at the meeting. Alderman Janvary asked whether the concrete access ramps were priority items at OakeS Park. The Maintenance & Operation~ Engineer stated that the cover on the pit at the south end of the track~ in conjunction with the stands, were prlorlty items. * Alderman Puttick inquired as to why, under Section 20, the travel and car allowance figure had Jumped from $2,800.00 to $3,500.00 The Deputy Director of Recreation stated that Ken Haaslip was doing considerably more driving, Alderman Keighan wondered if there was some way to calculate all profit bein~ generated from the Molson*s N.H,L, SZo-Pitch Tournament, -3- Alderman Chessman requested that the Director of Recreation provide periodic reports to Council on this matter. The Fire Chief stated that there is a 3.1Z increase over the Fire Departments section of the budget. The Fire Chief invited the Aldermen Co visit the Fire Station during Fire Equipment Week. The Fire Chief said that last year Council omitted the Canadian Association of Fire Chiefs Conference but he would like to attend this year. The Chief Administrative Officer stated that the next section to look at would be Section Four - Protective Inspection, which has a 6.8% increase over 1984. Alderman Cummings asked why, under Section 10, membership and training had doubled. The Deputy City Treasurer stated that it was more for training rather than membership. Alderman Puttick inquired as to what would be eliminated regarding lighting. The Maintenance & Operations Engineer said that this is the improvement section of the budget. The Maintenance & Operations Engineer said that it fluctuates depending on roads and construction needs. Alderman Coyills asked if this would include rural roads. The Maintenance & Operations Engineer said that $20,000.00 had been included in the budget and this would cover the Willoughby and Crawland area. Aiderman Keighan asked if it was really necessary to spend $53,000.00 for changin~ fluorescent lights this year. The Maintenance & Operations Engineer informed Alderman Keighan that it is necessary and that there are problems because of the age of the fixtures. Alderman Somerville arrived at the meeting. Alderman Keighan inquired whether the City recovered any money from the Niagara Parks Commission regarding the River Road rewiring. The Maintenance & Operations Engineer replied that the City had not received any money from the Niagara Parks Co.~"ission. Alderman Puttick asked if the now lights would be replaced within the next two years. ~.: The Maintenance & Operations Engineer stated that the incandescent lights will be replaced within the next two years, however, the fluorescent lights will be a ten year program. Following further discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Keighan, that the figure of $53,000.00 be increased to $100,000.00 under Section 10878 to change old fluorescent lights to sodium yapour. The motion Carried with Aldermen C~mmings, CoVille, and Orr votin~ contrary, and alT~rs voting in fayOur. The Chief Administrative Officer stated that the next section to be discussed would be Section 25 - Planning. Alderman Janvary asked whether all of the changes were priority items· The Director of Planning and Development said that he could only comment on salaries. He stated that the salary budget is a reflection on a full complement of staff. Alderman Chessman stated that Section 26 would be the next item to deal with. Alderman Puttick suggested that perhaps $50,000.00 could be put in the budget with the Niagara Falls Canada Visitor and Convention Bureau receiving $30,000.00 out of that amount and that a letter be forwarded to the Ministry of Tourism and Recreation requestin~ a rebate. Alderman Herrerr asked Mr. Gordon Paul, who was representing the Niagara Falls Canada Visitor and Convention Bureau, if he had any knowledge about receiving rebates from the Province. Mr. Paul said that he did not have any knowledge regardin~ this utter, however, he had heard that Toronto had received a considerable amount of help from the Ministry. Alderman Orr asked if this would be a one time matter. Mayor Smeaton stated that these requests have to be taken to Council each year and chat the present Council is not in a position to encumber any future Council. Alderman Keighan suggested that perhaps a Convention Policy could be established. Alderman Hinsperger stated that he had Just been on vacation in Myrtle Beach and said that the people there are actively goinE out and pursuing convention business. Alderman Chessman requested that perhaps the Niagara Falls Canada Visitor and Convention Bureau could report to Council whenever they are able to regarding conventions that members have artended. Following further discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Mayor Smeaton, that an amount of $30,000.00 be placed in the budget for the Niagara Falls Canada Visitor and Convention Bureau and that a letter be forwarded to the Ministry mE Tourism and Recreation inquirinS about a possible rebate. The motion Cgr~i~d with Aldermen Keighan, Coyills, and Orr voting contrary, and all others voting in fayour. The Chief Administrative Officer stated that there is one unscheduled item that Council should deal with and it has totdo with the Coronation Centre. Mr. George Brown, President of the Greater Niagara Senior Citizens Association, addressed Councils "Mayor and Members of Council: The Greater Niagara Senior Citizens Association have been in existence for 15 years. The last time we came to City Council for a request it was to match us dollar for dollar and together we built the Coronation Recreation Centre. This project was in excess of $800,000. but the City's share was only $165,000. as the Senior Citizens, through labour and funds, along with Government grants, raised the remainder. The Centre now serves approximately 1,400 Senior Citizen Members plus 12 Senior's Groups and a variety of eveninS Recreation Groups. At the present time we cannot accommodate our major events and we lack room for a drop-in type of lounge. We have collected in excess of $40,000 and we expect ~o have a minimum of $50~000 before the end of the year. The Recreation Commission, our Federal Member of Parliament and our Provincial Member of Parliament support our proposal and throuKh the Mayor's office ve ere seeking government grants. -5- We respectfully request City Council to support our proposal and set aside $50,000. into a reserve for 1985. Mr. Chapman has been the Architect for our proposal and is here to explain our new addition to you." Mr. Chapman, of Chapman, Murray and Associates, addressed Council and gave some details reSardin~ the proposal and invited everyone to attend the Coronation Centre on Wednesday at 2|00 p.m. see the condition of the building. to Alderman Chessman stated that the matter had not been discussed by the Finance Cormallies. Mayor Smeaton said that when he was in attendance at the Recreation Commission meeting in January, he viewed the plans in detail. Mayor Smeaton stated that Mr. Brown had asked him to contact the Federal and provincial Government and see what funding they could ~.provide. Mayor Smeaton said that Mr. Metrio and Mr. Nicholson have viewed the plans. ":~ Tha"'Chi~f Administrative Officer expressed the concern that the money will be used as a commitment of the City that will go on past the term of this Council. Alderman Cummings stated that he felt since it is a City owned building, it will be an improvement to City property. Several members of Council said that they were not aware chat this matter was going to be presented at this particular meeting. Following further discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary, that $50,000.00 be placed in a reserve account for the improvement of the Coronation Recreation Centre subject to legal advice from the City Solicitor and that a study be prepared by the Recreation Co~m~ission outlining the needs of Senior Citizens. Carried Unanimously. The Chief Administrative Officer advised Council that according to the City Solicitor, it was in order for Council to give a grant to the Niagara Falls Art Museum on Oabood Drive. Following further discussion, it was ORDERED on the motion of Alderman Janvary, seconded by Alderman Puttick, that the grant for the Niagara Falls Art Museum be approved. The motion was Defeated with Aldermen CummingS, Hinsperger, Keighan, Coyills, and Orr voting contrary, and Mayor $meaton, Aldermen Puttick, Somerville, Chessman, and Janvary voting in fayour. The Chief Administrative Officer stated that he would like this particular grant to be discussed further and asked if the matter could be tabled, ~' Alderman Keighan asked if the Budget had to be approved at Council at this particular meeting or could certain matters be discussed at another time. The Chief Administrative Officer informed Council members that the Budget could be discussed again at a later meeting. Alderman Puttick made various comments on the Administration Section. Alderman Baker arrived at the meeting. Alderman Oft said that she felt grants to the Cancer Society and Heart Foundation ware duplication as they canvass from door to door as well as request a grant from the City, Alderman Janvary questioned whether the money slotted in Section lO,100 and 10,000 was really necessary. -6- Alderman Cummings declared a conflict of interest because he is a member of an organization which conducts bingos. The Deputy City Treasurer stated that all items had been discussed with staff to see if they were priority items. Alderman Keighan inquired what air vents for City Hall were. The Chief Administrative Officer stated that when the front doors are opened in the winter time, there is cold air blowing in the vestibule and that the whole area will eventually be enclosed so that there is another set of doors. Following further discussion, it was ORDERED on the motion of Alderman Keighan, seconded by Alderman err, that the meeting adjourn and the 1985 Budget for the Cit, ~ra Falls be tabled for two weeks. Carried Unanimously. FOURTEENTH MEETING Committee Room #1 April 15th, 1985 Council met on Monday, April 15th, 1985, at 4:30 p.m. in Committee of the Whole. All members of Council were present with the exception of Alderman Kerrin. Alderman Chessman presided as Chairman. Following consideration of the items presented the Committee of the Whole arose without reportil READ AND ADOPTED, S ~ING Council Chambers · April 15, 1985 Council met on Monday, April 15th, 1985 at 7:30 p.m. for the purpose of considering Planning Matters and general business. All members of Council were present with the exception of Aldermen Puttick and Kettle. His Worship Mayor Smeaton presided as Chairman. Alderman Baker offered the opening prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman err, seconded by Alderman Cummings, that the minutes of the meetings held on March 25th, 1985, and April 1st, 1985, be adopted as printed. Carried Unanim~ousl7· REPORTS - PLANNING MATTERS No. 158 - Chief Administrative Officer - Re: Zoning By-law Amendments, Crowland By-law 1538, Willoughby By-law 395, Need for Conformity. The report recommends: 1. That Council support the proposed changes to the Crowlend By-law 1538 and Willoughby By-law 395 as contained in the Planning Department Technical Report PD/29/85. 2. That Council direct staff to prepare the required Zoning By-law Amendments for enactment at a subsequent Council meeting. - AND - Communication No. 98 - Regional Municipalit of Nia ara Re: Conformity Procedures for Regional and Local Planning {ocuments.~L~he communication discusses the history leading to the current situation, the possible problems due to the lack of conformity, and procedures for resolving the dif f erence s · - AND - Communication No. 99 - Richard and Nancy Zabor - Re: Proposed Zoning Changes to Growland and ~illoughby area by-Laws. The communication advises that Richard and Nancy Zabor fully support the changes proposed for area #2. Communication No. 100 - Preservation of Agricultural Lands 8ociet~. - Re: Zoning By-laws 395 and 1538. The communication advises tha't PALS 'supports the change however they recommend that OWMC site PI-27E be zoned Agricultural. - AND - Communication No. 101 - Mr. Dann Pietrangelo - Re: Proposed Zoning Changes to Crowland and ~4illough{y area by-laws. The communication advises that he would prefer that the land across from his be zoned agricultural rather than Deferred Industrial. Mayor 8meaten advised that this was a Public Meeting to consider zoning by-law amendments to Crowland By-law 1538 and Willoughby By-law 395. The Planning Director informed members that the purpose is to consider changes in the Willoughby and Crowland area. The Planning Director stated that notices were sent out in accordance with the provisions of the Planning Act. The Planning Director reviewed the recommendations contained in the report and etated that the proposed Zoning By-law Amendments will rovide changes to the text and map schedule of By-laws 1538 (Crowland) and E95 (Willoughby) by removing inconsistencies and ensuring conformity between the local and Regional Plans. ~ ' ' -2- Mayor Smeaton explained the procedure of the Public Meeting, and requested that all persons wishing to receive further notice of any future meeting should submit their names and addresses to the City Clerk prior to leaving the meeting. The Senior Planner, with the assistance of posted sketches, explained the proposal and demonstrated the subject lands- He discussed the information contained in the Technical Report and stated that the following uses will be deleted from the by-law: churches, cemeteries, public parks. golf courses, and camping establishments which are licensed by the Corporation of the City of Niagara Falls. The Planning Director and Senior Planner provided additional information. Mayor 8meaton'requested comments from persons in support of the ~,~mend~eat. Mr. Jerry Jones addressed Council on behalf of his mother, Edith Jones who resides at 8228 Grassy Brook Road. Mr. Jones stated that his mother feels that any industrial use would depreciate the value of her property. The City Clerk read correspondence received from Mr. Danny Pietrangelo, who resides at 8365 Bigger Road. Mr. Pietrangelo stated in his letter that a large sum of money had been invested in the area to have a rural agricultural area and not to be currounded by industrial businesses, Mr. Charles Gills President of Niagara South Federation of Agriculture, 13681 McKenny Roads addressed Council stating that he is in fayour of the zoning change and that he thought one of the main problems in the area was drainage. Mr. Hans Burger of 8731 Ridge Road, addressed Council stating that he is in fayour of the proposed zoning change. Mr. Jim Sauer of 13541 Niagara River Parkway, addressed Council stating that he is in favour of the zoning change on Sodom Road. Following further questions from Mr. Saner to the Planning Director, Mr. Saner agreed to meet with the Planning Director to discuss any further questions, Mr. Bill Henderson of 12171 Niagara River Parkway, addressed Council stating that he is in favour of the proposed zoning change, however, Mr. Henderson felt that if his property was assessed at this point in time it would not be assessed as residential. Mr. Charles 0rt of R. R. #3, Niagara Falls, Ontario, addressed Counci._l stating that he is in fayour of the proposed zoning change. Mr. Bob Robinson of 9849 Grassy Brook Road, addressed Council stating that he is in favour of the proposed zoning change, however, he stated that he has had a business in existence there for 15 yeats and wondered if he would have to leave. The Planning Director informed Mr. Robinson that since hisreparation has a lawfully established uses the operation has the right to continue to exist. Alderman Merrett arrived at the meeting, Mr. Bob Biggar of 8986 Grassy Brook Road addressed Council stating that he is in fayour of the proposed zoning change, however, he felt that something should be done about the drainage problem. Mayor Smeaton requested comments from persons against the amendment. Mr. Tiber Palatin of 10894 Willedell Road, addressed Council stating that he is against the proposed zoning change and he is upset because property had been purchased for a large sum o~ money because it was zoned Highway Commercial. Mr. Chander Puri of 5873 Brookfield Avenue, addressed Council stating chat he is opposed to the proposed zoning change. Mr. Puri felt that this change would greatly affect himself and his friends and informed Council that Mr. Brian Sinclair, his lawyer was unable to attend the meeting. Mr. Cordon Wyllte addressed Council on behalf of Hrs. Helen Pollock who resides on Biggar Road. Mr. Wyllte presented several ideas on the matter and state~ that Mrs. Pollock opposes the proposed zoning change. Mrs. Helen Pollock of Blggar Roads addressed Council stating that she would like to go on record as heine opposed to the zoning change, .3 -3- Mr. A1 MacBain addressed Council on behalf of Old Willoughby Realty Limited located at 12761 Sodom Road. Mr. MacBaln requested that the matter be tabled for two weeks so that a Planning Consultant and himself may meet with the Planning Director. Mr. Gary Gunning of 8999 Niagara River Parkway, addressed Council stating that he is opposed to the proposed zoning change. Mr. Richard Zabor of 13512 Sodom Road, addressed Council stating that he is opposed to the proposed zoning change. Mayor Smeaton asked if anyone wished to speak further for or against the application. Further discussion followed with the Planning Director and City Solicitor. ORDERED on the motion of Alderman Keighan, seconded by Alderman Baker, that the application be approved with the exception of the two parcels, one at the intersection of the Queen Elizabeth Way and Sodom Road and one in the former Township of Crowland and that these two parcels be referred back to Staff for further consideration. Carried Unanimously. ORDERED on the motion of Alderman Merrett, seconded f Alderman Cummings, that Communication Numbers 98, 99 100, and 101, be received and filed. ' Carried UnanimoUsly., No. 159 - Chief Administrative Officer - Re: Public Meeting for the Queen Street (Erie Avenue to Ontario Avenue) Redevelopment Plan. The report recommends: 1. That the input received from citizens of Niagara Falls at tonight's Public Meeting regarding the proposed Queen Street (Erie Avenue to Ontario Avenue) Redevelopment Plan be referred to the Downtown Revitalization Steering Committee for detailed review. 2. That the Downtown Revitalization Steering Committee investigate remedial actions with respect to directional signs, abuse of handicapped parking spaces and employee parking as suggested by several businesses in the project area. 3. That the Redevelopment Plan be presented to Council in its final form at a subsequent meeting for approval and submission to the Ministry of Municipal Affairs and Mousing. Mayor Smeaton explained the procedure of the Public Meeting, and requested that all persons wishing to receive further notice of any future meeting should submit their names and addresses to the City Clerk prior to leaving the meeting. The Planning Director gave detailed information regarding the proposed Queen Street (Erie Avenue to Ontario Avenue) Redevelopment Plan. Mayor Smeaton requested comments from persons in support of the proposed plan. Mr. Gabs Mallouks Chairman of the Downtown Board of Management, addressed Council stating that he was very much in fayour of the proposed plan and at the present time there was only one business which was not in fayour. Mayor Smeaton requested comments from persons opposed to the proposed plan and no such comments were received. ORDERED on the motion of Alderman Keighan, seconded by Alderman Cheesmans that the report be received and adopted. Carried Unanimousl7· No. 160 - Chief Administrative Officer - Re: CAItRO Housing Conference. The report recommends that Council approve the attendance of the Director of Planning and Development at the Hay 29, 1985 to Hay 31, 1985, CAHRO Housing Conference. ORDERED on the motion of Alderman Cunnnings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unan,imog~lY. No. 161 - Chief Administrative Officer - Re: Summer Student Assistance, Summer Employment Experience Development Program. The report recommends that Council endorse the Planning Department's application to attain wage subsidies for s,mmer student assistance under the Summer Employment/Experience Development Program. ORDERED on the motion of Aldermen Cummings, seconded by Aldermen Merrett, that the report be received and adopted. Carried Unanimously.._ -4- No- 162 - Hazardous Waste Steering Committee - Re: Response to Dr. Chant's Criticism of the City's Question and Answer Booklet, The report recommends that Council receive the attached report for information, ORDERED on the motion of Alderman Keighan, seconded by Alderman Coville, that the report be received and filed. Carried Unanimously, the fro s e the Environmental Protection Act. The report recommends that Council receive and file the attached report for information, The Co-ordiuator of the Hazardous Waste Research Team stated that a letter would be sent to the Premier of Ontario inquiring as to why the O.W,N.C, may not be required to Justify anything they propose, ORDERED on the motion of Alderman Coville, seconded by Alderman Somerville, that the report be received and filed, Carried Unanimously. No, 164 - Hazardous Waste Steering Committee - Re: Managing Hazardous Wastes Workshop. The report recommends that Alderman Dons Coyills (or alternative) and one member of the Hazardous Waste Research Team be authorized to attend the "Hauaging Hazardous Wastes Workshop", ORDERED on the motion of Alderman Coville, seconded by Alderman Somerville, that the report be received and adopted. Carried Unanimously. No. 165 - Hazardous Waste Steering Committee - Re: Niagara Falls New York City Council Resolution on OWMC. The report recommends that Council receive and file the attached Resolution, ORDERED on the motion of Alderman Cheeeman, seconded by Alderman Keighan, that the report be received and filed and that a copy of the letter be sent to the O.W.M.C. Carried Unanimously. REGULAR METING DEPUTATIONS MR. VINNY BARBARINO - REJECTION AS A MEMBER OF THE BOARD OF DIRECTORS OF THE HUNANE SOCIETY Mr. Vinny Barbarino addressed Council with respect to a letter of rejection sent to him from the Board of Directors of The Humane Society. Mr. Barbartno said that he wished to become a member of the Society and was refused. Following further discussion, it was felt by Council that Mr. Barberthe should contact the Board of Directors of The Humane Society to inquire as to why he was refused membership. COMMUNICATIONS AND COMMENTS OF CITY CLERK No. 102 - The O timist Club - Re: Proclamation, "RESPECT FOR LAW WEEK - May 5 to 11, I~). The communication requests that the week of May 5 th through May llth, 1985, be proclaimed "HESPECE FOR LAW WEEK" in the City of Niagara Palls, ORDERED on the motion of Alderman Cummings, seconded by Aldermad Coyills, that the request be approved subject to established policy. Carried Unanimously. No. 103 - Ontario Waste Management Association - Re: Residential Refuse. The communication provides information regarding refuse collection by private companies on a tendering basis. ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan, that the communication be received and filed. Carried Unanimously. No. 104 - Regional Municipalit of Niagara - Re: Report DEP-2173, Water and Sewage Flows by MunFcipality, Monthly Report for February 1985. The communication advises Council that at a meeting held March 26th, 1985, the Public Works and Utilities Committee received and accepted report DEP-2173, Water and Sewage Flows by Municipality, Monthly Report for February 1985. ORDERED on the motion of Alderman Metraft, seconded by Alderman Coyills, that the communication be received and filed. Carried Unanimously. No. 105 - Re ional Municipality of Nta arc - Re: Possible Delegation to Regional ~lagara of the Responsibility for A proving Official Flan Amendments. The com~,uication welcomes Council~s cements on the possible authority being granted to Regional Niagara to approve the official plan amendments of local municipalities. ORDERED on the motion of Alderman Marraft, seconded by Alderman Rinsperger, that the communication be referred to Staff for a report. Carried Unanimously. -5- No. 106 - Regional Munici~ality of Niagara - Re: Letter to Ontario Waste Management Corporat on - Comments on Phase 4A Factors Document. The communication advises that on April 3rd, 1985, Regional Council approved a letter to the Ontario Waste Management Corporation which contains comments on the Phase 4A Factors document which was circulated by the O.W.M.C. earlier in the year. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the communciation be received and filed. Carried U~ani~ouslX.' No. 107 - Niagara Women in Crisis - Re: Request permission to place Banner across Stanley Avenue. The communication advises that Niagara Women in Crisis will be holding a "Book Riot" at Kitchener Street United Church from May 15 to May 18, 1985, and requests permission to place a banner across Stanley Avenue. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the communication be approved subject to the approval of Regional Municipality of Niagara and Niagara Falls Hydro. Carried Unanim~usly- No. 108 - United Transportation Union - Re: Possible Loss of Caboose on Freight Trains. The communication informs Council that Canadian National Railways and Canadian Pacific Railways have been trying to obtain permission from Transport Canada to test a device which could result in the loss of the caboose on the rear of freight trains. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the communication be referred to the May 27th Council meeting. Carried Unanimously- No. 109 - Stamford Centre Volunteer Firemen's Association - Re: Request Permission to operate Carnival on June 12th, 13th, ~,and 15th, 1985, and to bring in L. E. Smith Rides and Concessions during the Carnival. Alderman Cummings declared a conflict of interest because he is a member of the organization, ORDERED on the motion of Alderman Rinsperger, seconded by Alderman Keighan, that the request be granted subject to proof of sufficient Liability Insurance coverage. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of i~as previously recorded, and all others voting in favour. No. 110 - Greater Niagara Safety Council - Re: Request to hold Bicycle Rodeo in Jack Bell Arena parking lot or in the arena on June 1st, 1985, and waive the rental fee. The communication requests permission to use the arena parking lot or if the weather does not permit, the arena, and also that the rental fee be waived. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger~ that the rental fee for the use of the arena be waived. Carried UnanimoUsly..' No. 111 - Social Plannin~ Council of Niagara Falls - Re: Alzheimer's Disease Study Committee Report, The communication and report is for information purposes- ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the communication be received and filed and that a letter be sent to the Social Planning Council thanking them for the report. Carried UnanimoUsly,. RE~0RT~. No. 166 - Chief Administrative Officer - Re: Site Plan Approval. Proposed Senior Citizen Complex, Dixon Street (south side, west of Level Avenue). The report recommends that the Council approve the site plans on display at tonight's meetinS, beinS a proposed senior citizen tom lax, and the site plan being drawing number 1 dated November 12th, 198E, as and the landscape plan being drawing number 1 of 2 revised dated April 2nd, 1985, and filed with the Buildings and Inspections Department of the City of Niagara Falls on April 2nd, 1985, and that such approval be subject to the following conditions: a) That the owner be required to provide to the satisfaction of and at no expense to the Corporation of the City of Niagara Falls (the City) the following facilities and works shown onthe said site plan. 1. One access ramp to provide ingress and egress between the property and Dixon Street which shall be iu the location and of the width shown on the landscape plan together with the . curbings shown on the landscape plan. 2. 35 off-street parking spaces and the access driveways, all -6- having dimensions and being in the locations shown on the land- scape plan and which shall be surfaced with hot mix asphalt or approved equivalent, together with all of the curbings shown on the landscape plan. 3. Sidewalks of the types and in the locations shown on the landscape plan. 4. Any facilities for lighting including floodlighting, shall be installed and maintained so that the light is deflected away from adjacent residential or institutional districts or uses and away from traffic or adJoinin~ roadways. 5. The fence, shrubs and other landscaping of the types and in the locations shown on the landscape plan to be constructed. 6. The facilities for the storage of garbage and other waste material in the location shown on the landscape plan, which shall be surfaced with concrete or asphalt to be constructed. 7. Such grading or alterations in elevation as shall be necessary to provide the elevations on the site plan together with all of the facilities and works for the disposal of storm, surface and waste water shown on the site plan. b) and that the owner be required to maintain to the satisfaction of the city and at the sole risk and expense of the owner the facilities or works mentioned in paragraphs 1, 2, 3, 4, 5, 6 and 7 of clause (a) above, including the removal of snow from access ramps and driveways, parking and loadin~ areas and_ walkways. c) and further that the owner be required to enter into a site plan agreement with the City dealing with the facilities, works and matters enumerated above. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 167 - Chief Administrative Officer - Re: Installation of Yield Signs and Stop Signs on Various Streets. The report recommends that 1. 'Yield' signs be erected - (a) on Green Boughs Road facing westbound traffic at Olden Avenue; (b) on Green Boughs Road facing easthound traffic at Lalemant Road; (c) on Pheasant Lane facing northbound traffic at Woodgate Street; (d) on Lalemant Road facing northbound traffic at Woodgate Street; (e) on Grouse Lane facing southbound traffic at Woodgate Street; (f) on Hodgson Avenue facing southbound traffic at Wayne Street; (g) on Cherrygrove Road facing eastbound traffic at Pettit Avenue. ~ and 2. That 'Stop' signs be erected - (a) on Woodgate Street facing westbound traffic at Olden Avenue; (b) on McGrail Avenue facing westbound traffic at Magdalen Street. ORDERED on the motion of Alderman Cummings, seconded by Alderman Himsperger, that the report be received and adopted. Carried Unanimously. No. 168 - Chief Administrative Officer - Re: Tenders for Broad Leaf Weed Control in Parks and Cul-de-Sacs, Grub Control on Cul-de-Sacs and Grass Cutting in Rural Cemeteries. The report recommends that: 1. The tender of BobbyLawn Spray in the amount of $13,470.00 for the control of broad leaf weeds in parks and cul-de-sacss and the control of grubs on cul-de-sace be accepted. 2. The tender of Grounds Master in the amount of $1s890.00 for grass cutting in rural cemeteries be accepted. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously, No. 169 - Chief Administrative Officer - Re: Tender for Materials 1985. The report recommends that the followinS tender for material be accepted: 1. go~ (F.O.B. Fairview Cemetery) - Robert Young Sod Farm Ltd. 2. Orass Seed - (All F.O.B. Fairview Cemetery) a) brass Seed Mixture - Otto Pick & Sons Ltd. M.nhattam p.r.nalel ,ye ore.. - otto pick, 8one Ltd. Pennlawn Red Fascue - Otto Pick & Sons Ltd. d) Overseeding Orass Mixture - Otto Pick & Sons Ltd. b d Merrett, ORDERED on the motion of Alderman Chessman, seconded y A1 erman that the report be received and adopted. Carried Unanimously. No. 170 - Chief Administrative Officer - Re: 1985 Tender for Mowing of Private Lots and for Chemical Weed Control. The report recommends that: -7- 1. The tender submitted by Adrian Van Der Wayden for the mowing of private lots be accepted. 2. and the tender submitted by Mr. Earl Murchie for chemical weed control be accepted. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously.. No. 171 - Chief Administrative Officer - Re: 1985 Tenders for the Supply of Tires, Tubes~ and Repair Service - City Fleet. The report recommends that the tender for the supply of tires, tubes and repair services submitted by Demol's, Niagara Falls, in the amount of $40,502.65 be accepted. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanlmo.us.~X~ No. 172 - Chief Administrative Officer - Re: Quotations for Rental of General Purpose Equipment - 1985. The report recommends that the attached schedule of rental rates for general purpose equipment be used starting with the lowest rental rate for equipment available and suitable when required for City operations. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that the report be received and adopted. Carried U~ani~ously. No. 173 - Chief Administrative Officer - Re: Equipment Auction 1985. The report recommends that the various pieces of equipment on the attached list of this report be auctioned off through the Regional Municipality of Niagara's Auction Sale, to be held on April 20, 1985. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the report be received and adopted. Carfled Unanimously. No. 174 - Chief Administrative Officer - Re: Main Street, Allendale Avenue, and Murray Street - Intersection Control. The report recommends that "No Right Turn on Red" symbol signs be erected at the six-leg intersection of Main Street, Allendale Avenue and Murray Street as follows: (1) on Allendale Avenue facing northbound traffic on Allendale Avenue; (2) on Allendale Avenue facing southbound traffic on Allendale Avenue; (3) on Murray Street facing eastbound traffic on Murray Street; (4) on Murray Street facing westbound traffic on Murray Street; (5) on Main Street facing northwesterly-bound traffic on Main Street; and (6) on Main Street facing southwesterly-bound traffic on Main Street. ORDERED on the motion of Alderman Cumm~ngB, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. No. 175 - Chief Administrative Officer - Re: Fertilizer Purchases. The report recommends that the firms with the low prices as indicated on the attached table be awarded the supply of fertilizer for 1985. ORDERED on the motion of Alderman Cummings, seconded by Alderman Minsperger, that the report be received and adopted. Carri.ed U.nanimously.. No. 176 - Chief Administrative Officer - Re: Purchase of Mower. The report recommends that the expenditure of $4,460.00 for a mower attachment for a "Trackless MTIII" municipal tractor be authorized. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coyills, that the report be received and adopted. Carried Unanimous!Yt No. 177 - Finance Committee - Re: 1985 City Operating Budget- The report recommends that Council review the 1985 City Operating Budget. ORDERED on the motion of Alderman Chessman, seconded by Alderman Janvary, that the report be tabled for two weeks. Carried Unanimoqsly. No. 178 - Chief Administrative Officer - Re: Finance Committee Reports. The report states that the Finance Committee recommends that Council endorse the following actions of the Committee: 1. That the admission rates to Municipal Swimming be increased and · adjusted as follows: Single Admissions Seasonal Passe% Youth $0.25 $ 3.50 gtudents 0.50 · 5.00 Adults 1.00 7.00 Family " 15.00 and further that no increase in Arena rental rates be imple.mented for the 1985-86 season. 2. That the proposed resolution, in respect to Bill 93~ as presented by the Niagara .Falls Public Library Board be directed to Council for approval. -8- 3. That the amount of $1,000.00 be allocated to the Niagara Falls Committee of Adjustment in respect to the cost of members attending the Annual Conference of the Ontarlo Committees of Adjustment to be held in Cambridge, Ontario from June 2nd to June 5th, 1985. 4. That a grant of $1,000.00 be made to the Niagara Grape and Wine Festival for 1985. 5. That $2,700.00 be provided in the 1985 Operating Budget to cover the cost of improvements to Cummtngton Square and the bandstand for 1985 Festival of Lights. 6. That an additional $5,000,000. coverage be added to the City's general liability, auto and errors and omissions policles at a cost of $14,900.00 and that the information contained in the letter from First Niagara Insurance Brokers Inc. be referred to the Recreation Commission to study the feasibility of prohibiting certain types of vehicles within the City limits. 7. That the Indian Defense League of Amerlca be granted permission to use Oakes Park, at uo cost, on July 20th, 1985 in connection with its annual Border Crossing parade, on the understanding that the League will assist with the clean-up following the ceremonies. It is also recommended that the matter of a permanent hi-annual permission to use the Park be referred to the Kecreation Commission for comment. 8. That the Director of Municipal Works be authorized to obtain quotations for the supply of an 1.B.M. Personal Computer, necessary hardware and training. Alderman Merrett declared a conflict of interest on Section No. 6 as his office is a member of the Insurance Brokers Association. ORDERED on the motion of Aldernmn Cummings, seconded by Alderman Merrett, that #1 - Admission Rates - Pools and Arenas/Arena Rental Rates be received and adopted. Carried Unanimously. ORDERED ou the motion of Alderman Keighan seconded by Alderman Baker, that #2 - Niagara Falls Public Library - Bill ~3 be received and adopted. Cartled Unanimously. ORDERED on the motion of Alderman Keighan, seconded by Alderman Coville, that #3 - Committee of Adjustment - Annual Conference be received and adopted. Carried Unantmousl · ORDERED on the motion of Alderman Merrett, seconded by Alderman Janvary, that #4 - Niagara Grape & Wine Festival - grant request be received and adopted. The motion Carried with Aldermen Cummings, Keighan and Orr voting contrary, and all others voting in layout. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ketghan, that #5 - Chlppawa Business Association - grant request be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Janvary, seconded by Alderman Chessman, that #6 - City General Liability Insurance be recelved and adopted. The~' motlon Carried with Alderman Merrett abstaining from the vote on a conflict of interest ds' previously recorded, and all others voting in favour. ORDERED on the motlou of Alderman Chessman, seconded by Alderman Coville, that #7 - Indian Defense League of America be received and adopted* Carried Unanimously- ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker, that #8 - Purchase of Micro-Computer - Engineering Department be received and adopted. Carried Unanimously. No. 179 - Chief Administrative Officer - Re: Protective Clothing for Municipal Employees - l~S~. The report recommends that the low tender of J. P. Hsmmil & Son be accepted for shirts, pants, coverails and shop coats at the prlces indicated on the attached summary. ORDERED on the motion of Alderman C,,mm~ngs, seconded by Alderman Somerville, that the report be received and adopted. Carried Unanimously. No, 180 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $282,983.96 for the two week period endlug April 15th, 1985, be approved by the passing of the by-law appearing later on the agenda, Alderman Cummings declared n conflict of interest on Cheque No. 7860 because a family member is involved in the program. Alderman Hiusperger declared a conflict of interest on Cheques N0, 7716 'and 7856 because he is a member of the Company, Additional information was provided on Cheques No, 7739 and 7776, ORDERED On the motion of Alderman Chessman, seconded by Alderman Somerville, that the report be received and adopted, The motion Carried with Aldermen Cummings and Hiuspetger abstaining from the vote on'~'~s 7 consecuttvely, as previously recorded; and all No. 7860 and 7716 and 856 others voting in.layout, See By-law No. -9- No. 181 - Mayor Smeaton - Re: Pitch-In Campaign - May 6 to 12, 1985. The report recommends t~at the City of Niagara Falls, in conjunction with businesses on Lundy's Lane, participate in the 1985 Pitch-in Campaign to be held May 6-12, 1985. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 182 - Chief Administrative Officer - Re: Ontario Municipal Personnel Association. The report recommends that the Director of Personnel, Mr. J.A. Inman, be authorized to attend the Spring Conference and Workshop of the Ontario Municipal Personnel Association to be held in Windsor, Ontario on April 17th and 18th, 1985. ORDERED on the motion of Alderman Cummings, seconded by Alderman Htnsperger, that the report he received and adopted- Carried Unanimously. No. 183 - Chief Administrative Officer - Re: Inspector - Licensed Lottery Operations- The report recommends that Council authorize staff to advertise for a person to fill the position of Inspector of Licensed Lottery operations on a contract basis for a six month trial basis at a salary of $23,380.00 per annum. Alderman Cummings declared a conflict of interest because he is a member of an organization which holds bingos. Alderman Hinsperger declared a conflict of interest because he is a member of an organization which holds bingos. ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker, that the report be received and adopted. The motion Carried with Aldermen C.mmtngs and Hinsperger abstaining from the vote on a cZonflict of interest previously recorded, and all others voting in favour. No. 184 - Chief Administrative Officer - Re: Sale of La Marsh Avenue Road Allowance- The report recommends that Council authorize the sale of the La Marsh Avenue road allowance to an adjacent owner for $13,800.00 and that the City Solicitor be authorized to proceed with the preparation of the necessary documents- ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously.. RESOLUTIONS No. 22 - CUMMINGS - RINSPERGER - RESOLVED that Alderman Norman Baker be appointed Acting ~ayor in the absence of His Worship Mayor William S. Smeaton, from Thursday, April 18, to Saturday, April 27, 1985, inclusive; AND the Seal of the Corporation be hereto affixed- CarriedU~nanimousl~. No. 23 - CHEESMAN - CUMMINGS - RESOLVED that the Program of Proposed Supplementary EXpenditures for Traffic Signal Improvements for the year 1985, dated April 15th, 1985, be adopted as presented in the total estimated amount of $69,600 with an estimated subsidy of $34,800; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 24 - KEIOHAN - BAKER - RESOLVED that WHERE~S subsection 4 of section 24 of the Public Libraries Act, 1984 provides, in part, that the council may, in its approval of the board s estimates or at any time at the board's request, authorize the board to apply a specified amount or percentage of the money paid to it by the Council otherwise than in accordance with the items of the estimates as approved; and WHEREAS the Niagara Falls Fublic Library Board has requested the Council of The Corporation of the City of Niagara Falls to authorize the variations set out below in its 1985 estimates pursuant to the aforesaid subsection of the Act; NOW THEREFORE BB IT RESOLVED that the Council of The Corporation of the City of Niagara Falls hereby authorizes the Niagara Falls Fublic Library Board to apply the following percentage of the money paid to it in the 1985 estimates otherwise than in accordance with the items of the estimates as approved: (a) 20~ of all items that are less than $5,000.00 except salary items, 10Z of all items that ate greater than $5,000.00, except salary items~ may be applied to any other item in the estimates; A~D the Seal o~ the Corporation be hereto affixed. Carried UnanimOusly., · o . · lO - 10 - BY-LAWS ORDERED on the motion of Alderman C,,mmings, seconded by Alderman Baker, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 1. 85-66 - To authorize the reconstruction of Queen Street from ' Zlmmerman Avenue to Erie Avenue- 2. 8~-67 - To authorize the execution of an agreement with Dworkin Communications Inc. 3. 85-68 - To authorize an agreement with Alan Hooper and Marine Clean Limited respecting Lots 24 and 25 in the Falls Industrial Park Extension Subdivision. 4. 85-69 - To provide monies for general purposes. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the following by-laws be now read a second and third time: 1. 85-66 - To authorize the reconstruction of Queen Street from ' Zimmerman Avenue to Erie Avenue. 2. 85-67.- To authorize the execution of an agreement with Dworkin Communications Inc. 3, 85-68 - To authorize au agreement with Alan Hooper and Marine Clean Limited respecting Lots 24 and 25 in the Falls Industrial Park Extension Subdivision, 4, 85-6~.- To provide monies for general purposes. Carried Unanimously, NEW BUSINESS ADVISORY COMMITTEE - Y.M.C.A. Alderman C'mmtngs brought to the attention of Council that the Advisory Committee for the Y.M.C.A. would be holding its first meeting on Tuesday at the Y.M.C.A. to look over the facilities and to discuss the direction of the Committee. 25TH REUNION - WESTLANE SECONDARY SCHOOL Alderman Chessman stated that Westlane Secondary School would be holding its 25th Reunion in May and all Aldermen are invited to attend." COMMUNITY JUSTICE WEEK Alderman Janvary reminded Council that this week is Community Justice Week and that posters had been distributed to schools, churches, etc... MAYOR'S PRAYER BREAKFAST ~ Alderman Janvary reminded members of Council that the Mayor's Prayer Breakfast is on Wednesday at 7:00 a.m. ACCIDENTS ON THOROLD STONE ROAD Alderman Janvary stated that she was concerned with the number of accidents that have recently occurred on Thorold Stone Road. Alderman Janvary suggested that perhaps the Region could check the signing on cross streets running north and south. COMMUNICATION NO. 112 - CHIPPAWA VOLUNTEER FIREFIGHTERS ASSOCIATION Mayor Smeaton stated that Alderman Hinsperger had brought forth correspondence from Mr. Irvin Somerville, President of the Chippawa Volunteer Firefighters Association. He stated that the correspondence requests Council to reduce the amount of rental for a fund raising dance to be held at the arena on July 6, 1985. ORDERED on the motion of Alderman Mlnsperger, seconded by Alderman Merrett~ that the communication be referred to Staff. Carried Unanimously. - 11 - It was moved by Alderman Cummings, seconded by Alderman Merrett, that the meeting adjourn, FIFTEENTH MEETING Council Chambers April 22rid, 1985 REGULAR MEETING Council met on Monday, April 22nd, 1985, at 7:30 p.m. in the Council Chambers for the purpose of considering general business. All members of Council were present with the exception of Mayor William S. Smeaton and Alderman Merrett. Acting Mayor Norman Baker presided as Chairman. Alderman Janvary offered the opening prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the.minutes of the Finance-Council meeting held at 4:30 p.m. and the Regular meeting held at 7:30 p.m. on Monday April 15th, 1985, be adopted as printed. Carried Unanimously. PPaSSNTAT~ONS ACHIEVEMENT AWARDS Acting Mayor Norman Baker presented achievement awards to Tomm~ Clute who won the gold medal representing the Shamrock Boxing Club for the Ontario Junior Provincial Championships at the Ontario Winter Games in St, Cathariness and to his coachs Pat Kelly, ACHIEVEMENT AWARDS Acting Mayor Norman Baker presented achievement awards to Ralph Setlute, Shawn Conlon, and Mike Strange who won the gold medal representing the Niagara Falls Boxing Club for the Ontario Junior Provincial Championships at the Ontario Winter Games in St. Cathariness and to their coaches, John DeGazio and Richard Bailey. DEPUTATION ORDERED on motion of Alderman Minsperger, seconded by Alderman Orr, that Regional Councillor Peter Sobol be granted permission to address Council. Regional Councillor Sobol addressed Council requesting that the following resolution be endorsed: . "RESOLVED that The Ministry of Community and Social Services has announced an eighty bed Home for the Aged for the To~n of Niagara-on- the-Lake. This was ratified by Regional Council at last Thursday's Regional Council meeting but based on the fact that a large percentage of the users would be from Niagara Falls we would strongly recommend that the location of the proposed home should be located as close as possible to our borders if not in Niagara Palls itself." Regional Councillor Sobol stated that he feels that the location of the proposed home should be located as close as possible to our border, if not in Niagara Falls itself rather than Niagara-on-the- Lake. Regional Councillor Sobol felt that it ~ould be unfair to have to move elderly people from Niagara Falls to Niagara-on-the-Lake. Alderman Orr left the meeting. Regional Councillor Ed Sherat addressed Council stating that he is not happy with what is happening, however, this is what the Health Council is proposing .... Following further discussion, it was ORDERED on the motion of Alderman Keighan, seconded by Alderman Cheesman that the Ministry of Community Servicess Premier of Ontario, Niagara District Health Councils Regional Council and Social Planning Council be contacted asking for an explanation respecting the matter of the location of the Home for the Aged. The motion Carried with Alderman Puttick voting contrary because he is opposed to the 'procedure,.Alderman Minsperger voting contrary, and all others voting in fayOur. COMMUNICATIONS & COMMENTS OF CITY CLERK No. 113 - Nta era Regional Board of Commission~rs o[ Police - Re: Licensing o{ ~edicabs. The communication requests submissions from the City of Niagara Falls in respect to the licensing of pedicabs. ORDERED on the motion of Alderman Cheesman~ seconded by Alderman Hinsperger~ that the communication be referred to Staff for comment. Carried U.nanimously.. -2- No. 114 - Chippaws Business Association - Re: Aldermanic Representative for Chippaws Business Association. The communication requests that one of the Aldermen from Chippaws attend the meetings of the Business Association as the Council representative for this area. ORDERED on the motion of Alderman Kerrio, seconded by Alderman C,,m-tngs, that Aldermen Hinsperger and Baker be appointed as Aldermanic representatives for the Chippawa Business Association. Carried Unanimously. No. 115 - Town of Fort Erie - Re: Annual Levy for Public Hospitals. The co""untcation requests that the resolution respecting the annual levy for public hospitals, passed by the Town of Fort Erie, be endorsed by the City of Niagara Falls. ORDERED on the motion of Alderman'Janvary, seconded by Alderman Chessman, that the resolution be endorsed. Carried Unanimously. No. 116 - Mr. Bill Jenkins - Re~ Proclamation - "Pepper Martin Week". The connnuntcation requests that Council proclaim the week of June 2 to June 8, 1985, as "Pepper Martin Week", OPj)ERED on the motion .of Alderman Cu~ings, seconded by Alderman Kerrio, that the week of June 2 - June 8, 1985, be proclaimed "Pepper Martin Week" in the City of Niagara Falls. Carried Unanimously. No. 117 - Niagara Concerts - Re: Proclamation - ~lusic Appreciation · Week". The communication requests that Council proclaim the week of April 29 to May 4, 1985, as 'Music Appreciation Week". ORDERED on the motion of Alderman Coville, seconded by Alderman Cumminds, that the request be approved subject to the established p¢licy. Carried Unanimously. No. 118 - The Cur oration of the City of Hamilton - Re: Amendment to Municipal Act to [~ver Overlap in Remuneration for Councillors and Trustees elected to Provincial Office, The co~snunication informs Council that the Council of the Corporation of the City of Hamilton endorsed a resolution amending the Municipal Act to Cover Overlap in Remuneration for Councillors and Trustees elected to Provincial OEfice. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the resolution be received and filed. The motion was Defeated with Aldermen Chessman, Kerrlos Hinperger, Puttick, Coyills, an~rville voting contrary and Aldermen Keighan, Janvary, and Cummings voting in fayour. ORDERED on the motion of Alderman Earrio, seconded by Aldsrman Chessman, that the resolution be endorsed. Carried Unanimously, No. 119 - Westlane Secondary School - Re: Special Occasion Permit. The com~,ntcation requests a special occasion permit to sell beer, liquor and wine at a dance to be held at the Niagara Falls Arena on May 25, 1985, in conjunction with their 25th anniversary, ORDERED on the ~otion of Alderman Coyills, seconded by Alderman Somerville, that the request be approved subject to the established policy. Carried Unanimously. No, 120 - T. Cordon Wllie Real Estate Ltd. - Re: Zoning Former To~nships of~lloughby and Cro~land. 'The Amendments, communication solicits Council's support in retaining the lands am industrial in the Former Township of Crowland, that fall within the urban boundaries, namely those in To~rnship Lots 1, 2, 3, & ~ of the Broken Front Concession, Welland River, nov the City of Niagara Falls, and bounded by Mootrose Road, Bidgar Road, Crowland Avenue and the ~elland River. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Coyills, that the communication be referred to Plannin8 Staff for. consideration. Carried Unanimously, No. 12l - ~tagaca Falls, Canada Visitor & Convention Bureau - 40~h Anniversary Victory ~elebrat~n Parade - V~ Day May 8ths 1985~ Niagara Falls, Canada. The communication.requests permission to conduct a parade and provides information regarding the route of the parade, specific starting times duration, no. of units, and sponsors, ORDERED on the motion of Alderman Cummings, seaonded by Alderman Ninsperger, that the request be approved, Carried Unanimously, kEPORTS No. 185 - Chief Administrative Officer - Re: The Buildings and Inspections Department Report forM arch 1985. The report is the monthly report for March 1985. The report is intended primarily to provide City Council with current news relative to perndt statistics..,.davelopmsnt proposals..,,and any other noteworthy data that has emerged during the period covered by the report. ORDERED on the motion of Alderman Kerrios seconded b/Alderman Hinspergers that the report be received end filed. · Carried Unanimously. 3 No. 186 - Chief Administrative Officer - Re: Time Clock at Niagara Falls Memorial Arena. The report recommends that staff be authorized · to implement essential reinforcing improveme~ts recommended by W.P. London and Associates for the purpose of ensuring the safe support of the time clock at Niagara Falls Memorial Arena. ORDERED on the motion of Alderman Cummings, seconded by Alderman Minsperger, that the report be received an~ adopted. Carrie~pnanimousl~. No. 187 - Chief Administrative Officer - Re: Fire Department Uniform Tender - l~db. The report recommends that the following tenders be accepted by Council as follows:- Complete Uniforms - Firth Bros. Ltd. Wash & Wear Trousers -Vince Audtbert Men~s Fashions Shirts -Vince AudiOerr Men's Fashions Parkas - John Marshall & Company. The City Clerk addressed Council stating that this particular item is controversial. The Clerk stated that on April 9th, the Tuesday after Easter Monday, he artended a tender opening at 1:30 p.m. The Clerk said that at 3:45 p.m. an employee of the Finance Department came over with another tender which had been placed in the night depository earlier that morning. The Clerk stated that he had to make a decision as to whether or not to open the tender, and he opened Mr. Fishman of Fishman's Men's Shop and Mr. Wince Audibert of Vince Audibert Manse Fashions addressed Council. Following further discussion, the City Clerk, provided additional information and the Chief Administrative Officer stated that the employee from the Finance Department has been instructed to open the night depository every morning. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. No. 188 - Chief Administrative Officer - Re: Contract R.C. 3-85 - Queen Street Reconstruction from Zimmerman Avenue to Erie Avenue. The report recommends that the unit prices submitted by the low tendeter, Northland Bttulithic Limited, be accepted by Council. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville, that.the report be received and adopted. Carried UnanimouslT~ Bee Resolution'No'. 2~. see No. 189 - Chief Administrative Officer - Re: Contract A,I. 4-85 - Aesthetic Improvements to Queen Street from River Road to Erie Avenue. The report recommends that the fixed sum of $234,000 submitted by the low tenderer, John Tries Construction Limited, be accepted. ORDERED on the motion of Alderman Keighan, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously, See ReSol~tlO~ No, See By-i~V'Nq~ U~T~I3j' No. 190 - Chief Administrative Officer - Re: No Parking on Oakwood Drive at Niagara ~eadows-Holiday Travel Park on Oakwood Drive, The re oft recommends that parking be prohibited on the west side of Oa~ood Drive, from 100 feet south of the north limit to property the southerly property limit of Niagara Headowe-Holiday Travel Park. ORDERED on the motion of Alderman Kerrto, seconded by Alderman Hinsperger, that the report be received and-adopted. Carried UnanimouSly. No. 191 - Chief Administrative Officer - Re: By-law to Assume Subdivision ~'treets. The report recommends that Council pass the by-law appearing on tonightss ageode that will provide for the assumption of certain subdivision streets. ORDgRED on the motion of Alderman CumminSs, seconded by Alderman Covllle,.that the report be received and adopted. No. 192 - Chief Administrative Officer - Re: By-law to Establish One-Foot Reserves and Blocks as Public Highways. The report recommends that Council pass the by-law appearing on tuniSbrae agerids that will provide for the assumption of certain blockss lots, and reserves, as public highways. ORDERED on the motion of Alderman Kerrlo, seconded by Alderman Cummings, that the report be received and adopted. -4- No. 193 - Alderman Dons Coville - Re: Hazardous t~aste Research Team Extension. The report recommends that contract extensions to the end of August, 1985 be approved for the two Hazardous Vaste R~aearch Team assistants at s rate of $10.33 per hour. ORDERED on the motion of Alderman Coyills, seconded by Alderman Keighan, that the report be received and adopted. The motion Carried with Alderman Puttick voting contrary, and all others voting in zavour. No. 194 ~ Alderman Dona Coyills - Re: Membership in Great Lakes United. The report recommends that the City take a one year membership with Great Lakes United, at a cost of $100.00. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Chessman, that the report he received and adopted. Carried Un~nimously. No. 195 - Chief Administrative Officer - Re: Summer Employmen~ - Experience Development 1)roEram (S.E.E.D.). The report recommends that Council receive and file this report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and filed. Carried Unanimously. No, 196 - Chief Administrative Officer - Re= Special Events at Niagara Falls Hemorial Arena. The report recommends that this report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be race/veal and filed. Carried Unanimously. No. 197 - Recreation Commission - Re= Parks and Athletic Fi'elds Schedule. The report recommends that the attached schedules for special events and regular use of parks, athletic fields and school grounds be approved by Council and that the Old Vienna 81o-Pitch - Tournament organleers request for the use of SloPitch diamonds be approved on an annual basis subject to there bein~ no charge in their September two weekend, Thursday to Sunday format. ORDERED on the motion of Alderman C.mfadugs, seconded by Alderman Covllle, that the report be received and adopted. Carried Unanimously. No. 198 - Recreation Coe-~iesion - Re= Athletic Field Maintenance Levels. The report reco-wends that Council take appropriate action to improve the maintenance level on both the municipal and school board athletic fields, ~hich are 'used by local recreation leagues. ORDERED on the motion of ld A erman Chessman, seconded by Alderman Hinsperger, that the matter be referred to Staff. Carried 'Unanimously No. 199 - Chief Administrative Officer - Re| Municipal Accounts. The report recommends that the accounts totallin~'$1,635,084.28 for ~he one week period ending April 22nd, 1985, be approved by the passing of the by-law appearing later on the agenda. Alderman Hinsperger declared a conflict of interest on Cheque No. 7944 because he is an employee of the company. Alderman Ct~snings declared a conflict of interest on Cheque No. 7950 because he is an employee of the company. Alderman Kerrio declared a conflict of interest on Cheque No. 7902 because the agency is doing work for his comlmny. Alderman Chessman declared a conflict of interest on Cheque 8021 because his wife is employed by the Board. Additional information was provided on Cheques 7917 and 8023.. ORDERED on the motion of Alderman Coyills, seconded by Alderman Somerville, that the report be received and adopted. The motion Carried with Aldermen ilinsperger, C,mm~ngs Kettle, and Chessman ~ ng from the vote on Cheques No. 79~4, 7950, 7902, and 8021 consecutively~ as previously recorded~ and ell others votin in layout. See B~-law No, ~5-76, No, 200- Mayor ~illiam S, Smeatou - Re~ Re-examination of the Existing Grant structure. ~he report recommends that a sub-co--ittee, composed of the Chairman of the Finance Committeed the following bodies, be established to consider a unified approach to the Frovincial Government requestin~ a re-exsmimatioaef the existing 8rant structure:. -5- City of Niagara Falls Regional Municipality of Niagara Niagara South Board of Education Velland County Separate School Board Creater Niagara Camera1 Hospital. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. No. 201 - Chief Administrative Officer - Re: Regional Niagara Surplus 'Property. The report recommends that the Regional Municipality of Niagara be advised that this Municipality has no use for a parcel of land located on the north side of Cropp Street, east of Dorchester Road, which has been declared surplus to the Region~s needs. ORDERED on ~he motion of Aldenan Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously? RESqLUT~ON~S No. 2~ - KEP~IO - SOmERViLLE - RESOLVED that the unit prices submitted by Northland Nitulithic Limited for Contract RoC. 3-8~ - Queen Street Reconstruction from timerman Avenue to Erie Aveu~e, be accepted at the low tendered amount of $115,774.75; AND the Seal of the Corporation be hereto affixed. Carried UnanimoUSly. go- 26 - KEIGHAN - JANVARY - RESOLVED that the unit 'price submitted by John Tries Construction Limited for Contract A.I. 4-85 - Aesthetic Improvements to Queen Street from River Road to Erie Avenue, be accepted at the low tendered amount of $234,000; AND the Seal of the Corporation be hereto affixed. Carried Unani.mousl~. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the followin~ by-law be read a third time.' · 1. 84-290 - To authorize the construction'of certain ~orks as local improvements under section 12 of the Local Improvement Act. Carried Unanimously. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Coyills, that leave be granted to introduce the followin~ by-laws, and the by-laws he read a first time= 1.. 85Z70 - To establish certain blocks, lots and reserves as public highways. 2. 85-71 ,- To assume certain streets as public highways- 3. 8.5-7.~ - To authorize the execution of an agreement with Northland Bitulithic L~mited for the reconstruction of queen Street. 4. 85-73 - To authorize an agreement with John Tries Construction Limited for Aesthetic Improvements C.A.I.P. One Phase One FroJect. 5. 8.~-7~ - To amend By-law No. 6340, providing for the erection of Yield Right-of-~ay signs at certain intersections in the Municipality. ~. 85-75 - To amend By-law No. 7531, being a. by-law to provide for the erection of stop signs at intersections. 7. 85-76 - To provide monies for general purposes. The mo"6~t~n Carried with Aldermen Hinsperger, Cummings, Kerrio, and Chessman abet&icing from the vo~e on BF'law No. 85-76 on conflicts of interest previously recorded in Report. No. 199; and all others votin~ in fayour. ORDERED on the motion of Alderman Hinsperger~ seconded by Alderman Cummings, that the followin~ by-laws be now read a second and third time~ 1. ~-~ - To establish certain blocks, lots and reserves as ·public highways. 2. .$5-71 - To assume certain streets as public highways. -6- 3, 85-72 - To authorize the execution of an agreement with Northland Bitulithic Limited for the reconstruction of Queen Street. 85-73 - To authorize an agreement with John Tries Construction Limited for Aesthetic Improvements C.A.I.P, One Phase One Project. 85-74 - To amend By-law No. 6340, providing for the erection of Yield Right-of-Hay signs at certain intersections in the Municipality. 6. 85-75 - To amend By-law No. 7531, being s by-law to provide for the erection of stop signs at intersections. 7. 85-76 - To provide monies for general purposes. The mot'~n Carried with Alderman Rinsperger, Cummings, Kerrio, and Chessman abstaining from the vote on By-law No. 85-76 on conflicts of interest previously recorded in Report No. 199; and all others voting in favour. NEH BUSINESS O.W.M.C, N Alderman C~mmings stated that he was glad to read in the paper chat a member of Regional Council made mention that he felt it was time Regional Council was involved in O.W.M.C. HAZARDOUS WASTE WORKSHOP Alderman Coville said that she will be unable to attend the Hazardous Waste Workshop to be held on Thursday. ORDERED on the motion of Alderman Keighan, seconded by Alderman Hinsperger, that a member of the Hazardous Waste Research Team be authorized to attend the workshop. Carried Unanimously. WALKWAY - FAIRFIELD PLACE Alderman Kerrio stated that there is a problem with the walkway located at Fairfield Place and requested that someone look into the matter. VIOLENCE IN THE HOME Alderman Janvary informed Council that there will b~ a two day. seminar in St. Catharines regardinS the above topic. ORDERED on the marion of Alderman Puttick,. seconded by Alderman Chessmans that a member of Council be authorized to attend. Carried Unanimously. LETTER FROH SOCIAL PLANNING COUNCIL Alderman Janvary stated that she received a letter in her a~enda envelope from Social Planning Council indicating that they are conducting a study on Recreation needs. Alderman Cummings said that he is opposed to this as he feels that the Recreation Commission is doing all they can. VOLUNTEER RECOGNITION NIGHT Alderman Ctun~LnSs said that he artended Volunteer Recognition Night at Niagara Square on Friday and sugEestnd that a letter be sent from the Mayor congratulating all nominees and successful applicants. ORDERED on the motion of Alderman Cummings, seconded by Aldersnan Chessman that a letter be sent from the Mayor congratulating all nominees and successful applicants. ANNUAL MEETING - HUMANE SOCIETY Acting Mayor Norman Baker informed Council ~embers that the . annual meettn~ of the, Humane Society will be held Tuesday evenin2. It was moved by Alderman K[~EA~asec0nded by Alderman Keighan, that ~he meetin8 adjourn. . SPECIAL'MEETING Council met in Committee Rooms 2 and 3 on Monday April 29th, 1985, for the purpose of discussing the 1985 Endget for the City of Niagara Falls. All Members of Council were present with the exception of Alderman Janvary. Aldermau Charles Chessman, Chairman of the Finance Committee, presided as Chairman. Alderman Chessman opened the meeting. The Chief Administrative Officer read the following letter received from Alderman Paisley Janvary: "Mr. Cheesman aud Finance Committee: I regret being unable to be present at this final perusal of the budget, especially because I feel it was my many questions last meeting which caused this extra meeting. So I felt that I must write my concerns to yon at least. I feel the purpose of this Finance Committee at budget time is to review all segments of the budget book and reduce or encourage staff to reduce all areas possible and thus present to 'the citizens a fair and necessary tax increase. If this is not correct, I would like '~o know what our mandate is. We have had some interviews, made some reductions and spent considerable time considering the entries to date. The C.A.O. and some staff have assured me that what is still in the budget are priority items. I felt strongly that all grants should have been reduced some. This was not done for all and we added extras as well, I feel there must boa better process to make the time spent studying the budget more profitable to the people. Possibly if departments and groups were to submit a list of priorities along with their budgets, we could have more and easier reductions made if necessary. Possibly if all Aldermen were included in all budget meetings, more useful input could be expressed earlier't~ the lengthy exercise. I don't have an answer. I do know we were fortunate this year to have a cushion of additional collections to fall back on and keep our percentage low. We won't have it next year. Therefore if you feel we have done our mandate to the best ereenrage increase in taxes that we can this year, vote to pass the udget tonight. I 11 be thinkinS of you. Paisley Janvary." The Chief Administrative Officer reminded Council members that the Finance Committee had given Staff guidelines to follow when putting together department estimates. Alderman Cummings stated that he felt during budget discussions, Committees request only what their particular agency requires financially. Alderman Baker arrived at the meeting. Alderman Hinsperger questioned whether the amount of $340,000.00 spent on trucks would be decreased in the next year. The Director of Municipal Works informed Alderman Hinsperger that the level of spending this year is what to expect for years to come. Alderman Somerville inquired about Section 4 regarding lights at the intersection of Lyons Creek Road. The Director of Municipal Works stated that the lighting in this area is a 3oint venture with M.T.C. and that! they have not listed the replacing of lights in this particular area as a priority item. The Director of Municipal Works said that the City'e cost is $10,000.00. Alderman Chessman stated that a resident in Crowland had talked to him about this name situation. Alderman Keighan inquired as to why the M.T.C. is not paying its share in this Joint venture. ORDERED on the motion of Alderman KeiBhan, seconded by Alderman Somerville, that the M.T.C. be petitioned for their portion of the cost of the lighting at the intersection of Lyons Creek Road. Carried Unanimou.01~· Alderman Puttick inquired when the Region and School Board would provide Council with their levy. The Deputy City Treasurer stated that the Region would be seeking approval for their levy on May 9th and the School Board on May 7th and felt that the figure would be around 6 1/2 to 7%, 2 Alderman Chessman asked Members of Council to look at the letter received from the Regional Niagara Youth Centre and Boy~s Home. Alderman Chessman stated that Mr. Don Mullan was in attendance. Alderman Keighan declared a cor~lict of interest because a family member is involved. Following further discussion with Mr. Mullan, it was ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that $20,000.00 be placed in the budget for the Regional Niagara Youth Centre and Boy~s Home. The motion Carried with Alderman 0rr voting contrary, Alderman Keighau abstainin~"~'~ the vote on a conflict of interest as previously recorded, and all others voting in layout. Alderman Keighan inquired about the reduction in the Humane Society Budget. Alderman Baker stated that they would need vehicles and informed Council that the Board was also looking into purchasin~ a computer. Alderman Puttick declared a conflict of interest because he is employed by a car dealership. Alderman Cummings inquired as to whether or not the Humane Society had looked into hooking into the City's computer system. Alderman Baker stated that the Humane Society bed looked into this with Bob Lewis and that the City would not have the necessary progrsmm~n8 function which would be useful to the Society. Alderman Coville said that $15,000.00 had been placed in the 1984 budget and bed not still not been used at this point in time. Following further discussion, it was ORDERED on the motion of Alderman Keighan, seconded by Alderman Baker, that $6,000.00 be placed in the 1985 budget for the Humane Society to be used towards the purchase of a motor vehicle. The motion was Defeated with Aldermen Keighan and Baker voting in fayour, Alderman Yuttlck abstaining from the vote on a conflict of interest as previously recorded, and all others voting contrary. Alderman Puttick inquired as to whether the $226,000.00 was in the budget in case Niagara Falls is chosen as a waste disposal site or if the money is actually being used. The Chief Administrative Officer stated that this money is being used for all expenditures of the O.W.M.C., including staff salary. Alderman Orr said that she felt all organizations should be given a 5% increase and then the Finance Committee should cut that figure down further. Alderman Orr stated that she takes exception to people coming in during the last two days of budget discussions and presenting their needs and that she would like to see the total amount of money that the Y.W.C.A. receives from other agencies, Alderman Htnsperger stated that the Y.W.C.A. receives money from the United Appeal and if they did not receive this money they would have to close the building. Alderman Orr said that she would like all groups to indicate all other sources of revenue that they receive. The Deputy City Treasurer stated that he would provide Alderman Orr with the information that she requested. Alderman Coville informed Council that the Niagara Falls Canada Visitor and Convention Bureau would like to thank Council for allowing them to be present during the budget discussion and for all the help that Council has given them. Alderman Chessman stated that the next matter to be discussed would be the grant for the Niagara Falls Art Gallery. Alderman Chessman said that it Is a charitable organization and a cultural aspect of the City, Alderman Keighan asked what direct benefit the City receives from this-facility. Alderman Chessman stated that it is the cultural aspect that the Gallery gives the City. Alderman Chessman said that this particular collection has been declared a national treasure by Ottawa. -3- Alderman Htnsperger asked what taxes they would be paying for $10,000.00. The Chief Administrative Officer stated that it is property taxes that they are paying and the grant would be used to cover approximately 2/3 of the property taxes. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the grant for the Niagara Falls Art Gallery be included in the 1985 budget. The motion Carried with Aldermen Orr, C,,mmings, Keighan, and Coville voting contrary, and all others voting in fayour. Alderman Merrett stated that one other item which was put in the budget was the additional funds for street lighting and questioned whether Council was being a little too generous. Following further discussion, it was ORDERED on the motion of Alderman Merrett, seconded by Alderman Coville, that the funds of $47,000.00 allocated in the budget for street lighting be reduced to $25,000.00. The motion Carried with Aldermen Keighan, Puttick and Orr voting contrary, and ~11 others voting in favour. Alderman Baker stated that he had Just spoken to Bob Green of the Humane Society and was informed that a new I.B.M. computer had been purchased. Alderman Merrett said that he was disappointed that the Society had not worked more with the Deputy City Treasurer regarding the purchase of a new computer. Alderman Chessman stated that Council would have to decide at this point in time whether or not to pass the 1985 Operating Budget for the City of Niagara Falls. Alderman Kerrio declared a conflict of interest on the N.P.A., E.D.A. and Niagara Falls Canada Visitor and Convention Bureau sections of the budget because he is involved with these groups. Alderman Somerville declared a conflict of interest on the Willoughby Volunteer Fire Department section of the budget because he is involved with the department and stated that he is opposed to the Niagara Falls Humane Society section of the budget. Alderman Hinsperger declared a conflict of interest on the Chippaws Lions Club section of the budget and the telephone company section of the budget because he is involved with both. Alderman Cummings declared a conflict of interest on the Stamford Center Volunteer Fire Department section of the budget because he is involved with the department. Alderman Chessman declared a conflict of interest on the Library Board section of the budget because his wife is employed at the Library. Alderman Merrett declared a conflict of interest on the Insurance section of the budget because he is a member of the Insurance Brokers Association. Alderman Keighan declared a conflict of interest on the Regional Niagara Youth Centre and Boyle Home section of the budget because a family member is involved. ORDERED on the motion of Alderman Cummings, Seconded by Alderman Merrett, that the 1985 Budget for the City of Niagara Falls be approved. The motion Carried with Aldermen Kerrio, Somerville, Rtnsperger, C"mmtngs, L~n, Herrerr, and Keighan abstaining from of interest as previously recorded aove, the vote on conflicts b Aldermen Orr and Furtick voting contrary, and all others voting in fayour. The Deputy City Treasurer stated that he would be able to give Council the total amount of the budget after the meeting of the Niagara South Board of Education a e Region May 9th, 1985. ~a on 'v · .,. ·' SIXTEENTH MEETING Committee Rooms 2 and 3 April 29th, 1985 Council met on Monday, April 29th, 1985, at 4:30 p.m. in Committee of the Whole, All members of Council were present with the exception of Alderman Janvary- Alderman Chessman presided as Chairman. Following consideration of presented the Committee of the Whole arose without repo READ AND ADOPTED, SMEATON. Council Chambers April 29th, 1985 Council met on Monday, April 29th, 1985, at 7:30 p.m. in the Council Chambers for the purpose of considering general business. All members of Council were present with the exception of Alderman Janvary. His Worship Mayor Smeaton presided as Chairman. Alderman Merrett offered the opening prayer. ADOPTION OF MINUTES Alderman Puttick requested that the motion respecting the Home for the Aged which was passed at the meeting of City Council held on April 22nd, 1985, be rescinded until such time that Council has a better understanding of the situation. Following further discussion with Regional Councillor Peter Sobol, it was ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville, that the minutes of the meeting held on Monday April 2Znd, 1985, be adopted as printed. Carried Unanimously. PRESENTATIONS RETIREMENT WATCHES Mayor Smeaton presented a retirement watch to Charles Willjams who worked a total of almost twenty-six years' for the municipality. Mayor Smeaton stated that Edward Hughes was unable to be present at the meeting to receive his watch. Mayor Smeaton stated that James Gibson was ill and unable to be present at the meeting, and that he would make the presentation to Mr. Gibson at his home on behalf of City Council. UNFINISHED BUSINESS No. 202 - Chief Administrative Officer - He: Application of Mariner Booster Club for Special Occasion Fermit. The report recommends that Council receive and file the information contained in the report. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the report be received and filed. Carried UnanimoUsly.. CO~4UNICATIONg & COMMENTS OF CITY CLERK No. 122 - Nia ara Falls Economic Development Agency - Re: 1984 Annual Report of the~iagara Falls Economic Development Agency. OREEPaD on the marion of Alderman Cum~{ngs~ seconded by Alderman Kerrio, that the report be received and filed. Carried Unanimouslyo No. 123 - Downtown Board of Management - Re: Old T~me Events - May 18. The commuT~Lcation requests permission to close and rope off Queen Street between Ontario Avenue and CryslaT Avenue leaving the cross streets open to traffic on Saturday May 18ths 19858 and to stage events in Centennial Square. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the request be approved in principle and referred to Staff to help co-ordinate events, Carried Unanimously. No. 124 - Downtown Board of ManaBement - Re: Banner Across Queen Street, The co~aunicStion requests permission to install a banner across queen Street for the Old Tyme event and antique auto show scheduled for May 18, - 2 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Hiusperger, that the request be approved subject to the approval of the Niagara Falls Nydro. Carried Unanimously. No. 125 - Niagara Future Promotions Inc.- Re: N.H.L. Slo-Pltch Challenge, Requesting a 1/Z page ad in the Souvenir Program at a cost of $450.00. ORDERED on the motion of Alderman Marfelt, seconded by Alderman Cummings, that the request be approved. The motion Carried with Alderman Orr voting contrary, and all others voting'i'n'~ur, No. 126 - Ministry of Munici al Affairs and Housing - Re; City of Niagara Palls, Ontario Neigh~ourhood Improvement Program (ONIP), ~Application for the 1985/86 Fiscal Year, The communication advises that the City of Niagara Falls has been allocated $250,000.00 under the -OntariolNeighbourhood Improvement Program for the year 1985/86. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that a letter be forwarded to the Ministry acknowledging and accepting the grant of $250,000.00. Carried Unanimously. No. 127 - Ministry of Municipal Affairs and Housing - Re: City of i Niagara Falls, Commercial Area Tmprovement Program (CAIP), Applicat on for the 1985/86 Fiscal Year. The communication advises that the City of Niagara Falls has been allocated $350,000.00 under the Commercial Area Improvement Program for the year 1985/86. ORDERED on the motion of Alderman C,mm~ugs, seconded by Alderman Hinsperger, that a letter be forwarded to the Ministry acknowledging and accepting the grant of $350,000.00. Carried Unanimously. No. 128 - The Ontario Podlarry Association - Re: "Foot Health Month" May, The communication requests that the month of May be proclaimed "Foot Health Month". ORDERED on the motion of Alderman Cummings, seconded by Alderman Metfelt, that the request be approved subject to established policy. Carried Unanimously. No. 129 - Corporation of the City of St. Thomas - Re: CN-CP Takeover of Conrail Assets. The communication requests that Council endorse a resolution which was endorsed by the Council of the City of St. Thomas requesting the support of all affected mnicipalities in registering their concern with the Federal Cabinet with regard to the acquisition of ConRail assets by CN-CP. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. REPORTS No. 203 - Chief Administrative Officer - Rel Potential Sewage Sludge Disposal Area. '- Mayor Smeaton stated that this piece of property was purchased by another company which intends to move into the area, and will be providing some new Jobs in the municipality. Regional Councillor Peter Sobel addressed Council respecting the matter and stated that Council should take a stand for monitqring P.C.B. and other toxic material before it is spread on the lands look at the application procedure of ploughing or injection method, and a condition of approval of the Health Unit be part d the entire process, Following further discussion, it was ORDERED on the motion of Alderman Metfelts seconded by Alderman Cummings, that the newspaper article on a potential sewage sludge disposal storage area be received and filed. Carried Unanimously. No. 204 - Chief Administrative Officer - Re: Purchase of Portable Bleachers. The report recommends that the quotation of Tony Arcare in the amount of $8,000.00 for twenty (20) portable bleachers be accepted, ORDERED on the motion of Alderman Cummings, seconded by Alderman Putticks that the report be received and adopted, Carried Unanimously. No, 205 - Municipal Works Committee - Re: Request of Mr, R. Wright for Larger Culverts at/~2/xalar Road, The report recommends that~ 1. This report be received and filed for the information of Council; and 2. That Council not pay to install larger culverts at the above-noted property but instead rely on its insurance coverage to protect the City against any claim for damages that may be made by Mr. Wright. ORDERED on the' motion of Alderman Kerrio, seconded by Aldermen Covilles that the report be received and adopted. Carried'Unanimously. '3' No. 206 - Municipal Works Committee - Re: (1) Annual Cleanup Campaign, (2) Ontarlo ~ood Koaas Association -- Courses and Schools, (3) Railway Crossing at Dorchester Road (near Chemacryl)- The report recommends that: (1) Annual Cleanup Campaign a) That the City~s annual cleanup campaign conmence on May 21, 1985; and b) That Staff be authorized to arrange appropriate advertising of this campaign- (2) Ontario Good Roads Association - Courses and School_~s It is recommended that one member of staff be authorized to attend the 1985 "C.S. Anderson" Road School, and that one member of staff be authorized to attend the 1985 "T.J. Mahony" Road School. (3) Railway Crossing at Dorchester Road (near Chemacryl) It is recommended that the recently obtained updated vehicular traffic counts be sent to the Canadian Transport Commission so that they may reevaluate their position on the need for additional crossing protection at this railroad crossing. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 207 - Municipal Works Committee - Re: Deletions of Sidewalks on Weyburn Circle in the Charnwood Subdivision. The report recommends that the requirement for sidewalks on Weyburn Circle (Charnwood Subdivision) be deleted, subject to Ontario Land Corporation providing acceptable indemnity for the City for future liabilities resulting from this deletion. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. No. 208 - Munici al Works Committee - Re: Financial Assistance for b Cur Side Solid ~aste Recycling Program and Solid Waste Anti-Scavenger By-law. The report recommends that: 1. This report be received and filed for information; and 2. That a copy of this report, together with a letter of appreciation for her interest, be forwarded to Mrs. Judy Wade, ORDERED on the motion of Alderman Orr, seconded by Alderman Kettle, that the report be received and adopted. Carried Unanimously. No. 209 - Municipal Works Committee - Re: Design and Operations Study - Mountain Road Sanitary Landfill Site Expansion. The report recommends that: 1. The services of Proctor and Redfern Limited be engaged to undertake a design and operations study for the proposed expansion of the Mountain Road Sanitary Landfill Site at a cost of $54,500; and that 2. A by-law be prepared and submitted to Council for the purpose of authorizing the Mayor and City Clerk to sign, on behalf of the community, an Engineering Agreement with this firm of consulting engineers. Alderman Cummings declared a conflict of interest because the firm where he is employed was interested in receiving the contract. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest as previously recorded, Alderman Keighne voting contrary, and all others voting in fayour. No. 210 - Municipal Works Committee - Re: Basement Floodlug Damage to The Rascal House Restaurant, 5515 Victoria Avenue. The report recommends that this report ba received and filed for information. ORDERED on the motion of Alderman err, seconded by Alderman Hinsperger, that the rapoft be rataired and filed. Carried Unanimously. No. 211 - Chief Administrative Officer - Re~ Zoning Amendment AM-16/84 Beechwood ~olf Course, Determination of Need for a Further Public Meeting. The report recow~nends~ 1. That Council, by resolution, and prior to the passing of the by-law determine in accordance with Section 34 (16) of the Planning Act 1983 that the change to the proposed by-law will not require the givin~ of any further notice. -4- 2. That Council approve of the amending by-law respecting the application of Beechwood Golf Course. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the recommendation contained in the report be adopted and that Council declare by resolution that in respect to Zoning Amendment AM-16/84 (Beechwood Golf Course) sufficient notice has been given in respect to the passing of the by-law that it will not be necessary to provide additional notification. Carried Unanimously. See Resolution No. 2/. No. 212 - Chief Administrative Officer - Re: AM-11/84, Proposed Westway Estates Subdivision. The report recommends that the date of the Ontario Municipal Board hearing be noted and that this report be received and filed. OKDERED on the motion of Alderman Keighan, seconded by Alderman Coville, that the report be received and filed. Carried Unanimously. No. 213 - Chief Administrative Officer - Ke: Committee of Adjustment Application A-2g/85, Niagara Drop Forge. The report recommends: 1. That the City Council endorse Staff concerns as they relate to an application of Niagara Forge for a permit to construct an addition to an existing building on Kister Road. That if the Committee of Adjustment deems it advisable to grant the proposed variance application, they include as a condition of approval that the method of equipment installsties within the proposed addition be subject to Ministry of Environment approval. Alderman Merrett declared a conflict of interest because Niagara Forge ls one of his clients. ORDEKED on the motion of Alderman Baker, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Alderman Merrett abstaining from the vote on a conflict of interest as previously recorded, and all others voting in layout. No. 214 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1s850,905-84 for the one week period endiu April 29th, 1985, be approved by the passing of the by-law appearing later on the agenda. Alderman Hiusperger declared a conflict of interest on Cheque No. 8181 and 8394 because he is employed by the company. Alderman Keighan declared a conflict of interest on Cheque No. 8185 because a member of hie family is involved in the company, Alderman Kerrio declared a conflict of interest on Cheque No. 8081 because a family member is involved. ORDERED ou the motion of Alderman Merrett, seconded by Alderman Keigha~U_u, that the report be received and adopted. The motion Carried with Aldermen Hiusperger, Keighau, and Kerrio, abstaining from t~e vote on Cheques No. 8181, 8394, 8185, and 8081 consecutively, as previously recorded; and all others voting in fayour. See By-law No. 85-84. No. 215 - Chief Administrative Officer - Re: Encroachment - 4457 Philip Street. The report recommends that the application for the assinS of a by-law to permit the continuation of the encroachment of a d~elling municipally described as 4457 Philip Street, upon a municipal laneway to the rear of the said dwelling, be approved, and the necessary by-law be enacted by Council. ORDERED on the motion of Alderman Cummingss seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. RESOLUTION No. 27 - CUMMINGS - MERRETT - RESOLVED that in respect to Zoning Amendment AM-16/84 (Beechwood Golf Course) sufficient notice has been given in respect to the passing of the by-law and that it will not be necessary to provide additional information; AND the Seal of the Corporation be hereto affixed, Qarrted Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that leave be granted to introduce the following by-laws, and the by-laws be read a first timel 1. 85-77 - To amend By-law No. 79-200, as amended. ..... {Beechwood Cell Course) 2. 85-7~ - To designate areas of land in the City of NisSara Falls as site plan control areas. -5- 3. 85-79 - To authorize the execution of an agreement with James E. ' Barnes carrying on business as Grounds Master for grass cutting and trimming of cemeteries. 4. 85-80 - To authorize the execution of an agreement with A. J. ' Vander Weyden carrying on business as Vander Weyden Landscaping for mowing weeds on private lots. 5. 85-81 - To authorize the execution of an agreement with Earl ' Murchie for chemical weed control. 6. 85-82 - To authorize the execution of an agreement with Bobby Lawn "' Spray for broad leaf weed control and grub control. 7. 85-84 - To authorize the execution of an agreement with Sharron Ann Todd. 8. 85-84 - To provide monies for general purposes. The mot~Carried with Aldermen Bfnsperger, Keighan, and Kerrio, abstaining from the vote on Cheques No. 8181, 8394, 8185, and 8081 cousecutively on conflicts of interest on By-law No. 85-84, and all others voting in fayour. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Ct~mminge, that the following by-laws be now read a second and third time: 1. 85-77 - To amend By-law No. 79-200, as amended. (Beechwood Golf Course) 2. 85-78 - To designate areas of land in the City of Niagara Falls as ' site plan control areas. 3. 85-79 - To authorize the execution of an agreement with James E. Barnes carrying on business as Grounds Master for grass cutting and trimming of cemeteries. 4. 85-80 - To authorize the execution of an agreement with A. J. ' Vendor Weyden carrying on business as Vendor Weyden Landscaping for mowing weeds on private lots. 5. 85-81 - To authorize the execution of an agreement with Earl ' Murchie for chemical weed control. 6. 85-82 - To authorize the execution of an agreement with Bobby Lawn ' Spray for broad leaf weed control and grub control- 7. 85-83- To authorize the execution of an agreement with Sharron Ann Todd. 8. 85-84 - To provide monies for general purposes. The mot"~Carried with Aldermen Hinsperger, Keighan, and Kerrio, abstaining [rOm the vote on Cheques No. 8181, 8394, 8185, and 8081 consecutively on conflicts of interest on By-law No. 85-84, and all others voting in fayour. %~ NEW BUSINESS E G- BOARD ME TIN {.M.C.A. Alderman Cummings stated that at the first board meeting of the Y.M.C.A., there was soma concern whether or not he would be in a conflict position. -' DRAINAGE PROBLEM Alderman Somerville asked the Chief Administrative Officer if any action had been taken on the drainage problem of water courses. The Director of Municipal Works stated that application for water and sewage improvements have been placed in the 1985 budget. PROVINCIAL ELECTION - RESIDENTS NOT ON VOTERS' LIS~ Alderman Somerville expressed concern that residents in the Willoughby and Crowland area, including himself, had not been enumerated for the forthcoming Provincial Election and were therefore not on the voters' list. Alderman Coyills said that she had received many complaints on the · issue and contacted the office and was informed that they would not re-enumerate the ward. Mayor Bmeaton stated that he would contact the Provincial Returnin8 Officer. -6- W][NDOWS - CiTY HALL Alderman Puttick requested that someone clean the windows at the entrance to City Hall. The Chief Administrative Officer said that this matter will be taken care of. ENVIRONMENT CANADA Alderman Puttick said that there was a letter in the agenda envelope from Environment Canada and inquired whether any action would be taken with regard to wetlands. ORDERED on the marion of Alderman Coville, seconded by Alderman Puttick, that a member of the Federation of Agriculture and the Ministry of the Environment be requested to attend a future meeting informing Council of the policy in regard to wetlands. Carried Unanimously. IMPLEMENTING PROVINCIAL ACT Alderman Baker asked the Chief Administrative Officer about implementing Part One of the Provincial Act with respect to the operation of illegal body shops. The Chief Administrative Officer stated that he would get the information respecting this matter. APPRECIATION TO MAYOR SMEATON AND STAFF Alderman Baker thanked Mayor Smeaton for giving him the opportunity of acting as Mayor during his absence. Alderman Baker said he was pleased with the co-operation of the Mayor's staff and City staff. LUNCHEON AT SKYLON Alderman Baker stated that he had the opportunity of having lunch on Saturday with Mrs. Anwar Sadat and that the hospitality they received at the Skylon was excellent. FRASER COMMISSION REPORT Alderman CumminSs said that during the past week the Fraser Commission Report had been released and he asked to be given the opportunity to peruse the report when it is received at City Hall. **** It was moved By Alderman that the meeting adjourn. seconded by Alderman Kerrio, CLERK.' WILLIAM SEVENTEENTH MEETING Committee Rooms 2 and 3 May 6th, 1985 Council met on Monday, May 6th, 1985, at 7:00 p.m. in Committee of the Whole. All members of Council were present. Alderman Keighan presided as Chairman. Following consideration of presented the Committee of the Whole arose without rope% READ AND ADOPTED, May 6th, 1985 Council met on Monday, May 6th, 1985, at 7:30 p.m. in the Council Chambers for the purpose of considering general business. All members of Council were present. His Worship Mayor William S. Smeaton presided as Chairman- Alderman Orr offered the opening prayer. ADOPTION OF MINUTES Alderman Janvary stated that there was was an error in the minutes of the Special Meeting of April 29th, 1985. Alderman Janvary said that on Page 2 it should read the Y.W.C-A. rather than the Y.M.C.A. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the minutes of the meetings held on Monday April 29th, 1985, be adopted with the correction to read the Y.W.C.A. on Page 2 of the minutes of the Special Meeting. Carried Unanimously. COMMUNICATIONS & COMMENTS OF CITY CLERK Church parade on Senday June ~W85 The communication requests permission to hold a Church parade on Sunday June 9th, 1985, at 10:30 a.m. in front of the Legion Hall on Legion Street in Chippaws- ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the request be approved. Carried Un.animously- No. 131 - Bargain Harold's, Bargain Harold's Plaza - Re: Request for Sunday store openings. The communication requests permission to remain open on Sundays- Following discussion, the City Clerk and Chief Administrative Officer provided additional information- ORDERED on the motion of Alderman Kerrio, seconded by Alderman Herrerr, that the communication be tabled for one week and that Staff determine which stores are designated to remain open on Sundays. The motion Carried with Aldermen Cummings, Hinsperger, Keighan, Janvary, Puttick, and c'ovllle voting contrary, and Mayor Smeaton, Aldermen Chessman, Baker, Herrerr, Kerrio, err, an~.~omerville voting in fayour. No. 132 - Re ional Munici alit~ of Nia are - Re: DEP-2185, Water and Sewage Flows~y Municipal~ty, ont~ly ~eport for March 1985 and DEP-2187, Reduction of Sewage Overflows. The communication informs Council that at its meeting of April 23, 1985, the Public Works and Utilities Committee received and accepted Reports DEP-2185 and DEP-2187. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously._ No. 133 - Regional Municipalit of Niagara - Re: Notification of Adjournment, Outerr6 MunicipaFBoard Hearing, May 7, 1985, Forest Glen Estates Plan of Subdivision, City of Niagara Falls. The communication informs Council that the Ontario Municipal Board Hearing which was to be held on May 7, 1985, at 10|00 a.m. in the Council Chambers of the t matter City of Niagara Falls to consider he of the Forest Glen Estates draft plan of subdivision has Been adjourned. Alderman Herrerr asked whet the reason was for the adjournment. -2- The City Clerk informed Council that this particular hearing was to deal with the subdivision but the Board would like to consider the passing of the zoning by-law at the same time. ORDERED on the motion of Alderman Merrett, seconded by Alderman Coyills, that the communication ba received and filed. Carried Unanimously. No. 134 - Workers' Compensation Board - Re: Special Occasion Permit- The communication requests permission to operate a beer tent at the annual inter-office mixed sin-pitch baseball tournament to be held June 8, 1985 at the Niagara Sports Centre, ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville, that the request be approved subject to the approval of .other authorities. Carried Unanimously. No. 135 - Greater Niagara Baseball Association - Re: L.L.B.O. Permit - 'Jun~21 ~.~22,;~985, ~ Sin-Pitch Tournament. The communication requests permission to operate a cash bar in the Niagara Falls Memorial Arena on Friday June 21st, 1985, from 11:00 a.m. to June 22nd, 1985, at 1:00 a.m. relating to the NHL SIn-Pitch Luncheon and the NHL Sin-Pitch Auction. ORDERED on the motion of Alderman Somerville, seconded by Alderman Cummings, that the request be approved subject to the approval of other authorities. Carried Unanimously. No. 136 - Fraser and Fraser Barristers and Solicitors - Re: Proposed Sale of Part of the Road Al{owance between the Former Townships of Niagara and Stamford. The communication requests the stopping up of the unopened road allowance between the former Townships of Niagara and Stamford which has not been opened as shown on Part 3 of the Reference Plan and the sale thereof to the abutting property owners. ORDERED on the motlon of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be referred to Staff for consideration. Carried Unanimously· No. 137 - Committee to Raise Funds for Ronald McDonald House - Re| proclamation - "Niagara Day for Ronald McDonald House", ~une 16th, 1985. The communication requests that Sunday June 16th, 1985, be proclaimed "Niagara Day for Ronald McDonald House". ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the request be approved subject to established policy. Carried Unanimously· No. 138 - The Canadian Hearing Society - Re: Proclamation - "May-Hearing and Speech Awareness Month"· The communication requests that the month of May be proclaimed "Hearing and Speech Awareness Month". '- ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinaperger, that the request be approved subject to established policy. Carried Unanimously. No. 139 - Chippawn Lions Club - Re: Special Occasion Permit. The communication requests a special occasion permit for the Chippawn Lions Club annual carnival on June 5, 6, 7, and 8th, 1985, at the~Chippawa Lions Park. Alderman Hinsperger declared a conflict of interest because he is a member of the organization· ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the request be approved subject to established policy. The motion Carried with Alderman Hinsperger abstaining from the vote on a conflict df ldtdrnst as previously recorded, and all others voting in layout, REPORTS No. 216 - Chief Administrative Officer - Re: Stamford Memorial Arena, Refrigeration Equipment Improvements. The report recommends that Lewis Cimco Company be requested to: 1. Supply and install one Condenser at Stamford Memorial Arena at the quoted price of $22,400.00. 2. ,Remove two existing compressors at Stamford Arena and instal! the two identical compressors we have in stock at the quoted price of $9,950.00. -3- Alderman Baker inquired as to whether or not the quotes received from Heco and Lewis Cimco Company were comparable. The Director of Recreation stated that the quotes are comparable and provided additional information. Following further discussion, it was ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously- No. 217 - Chief Administrative Officer - Re: Municipal Accounts. The reports recommends that the accounts totalling $151,106.00 for the one week period ending May 6th, 1985, be approved by the passing of the by-law appearing later on the agenda. Alderman Hinsperger declared a conflict of interest on Cheque No. 8318 because he is employed by the company· Alderman Somerville declared a conflict of interest on Cheque No. 8380 because a member of his family is involved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be received and adopted. The motion Carried with Aldermen Hinsperger and Somerville abstaining from the vote on Cheque, No. 8318 and 8380 consecutively, as previously recorded, and all others voting in favour, See By-law No. 85-87. No, 218 - Chief Administrative Officer - Re: Lot 25, Falls Industrial Park Extension. The report recommends that Council approve of the resale of Lot 25, Registered Plan M-67, from Alan Hooper to Gordon Wright subject to the purchaser entering into an agreement with the City containing the usual convenehis relating to lots in the City's Industrial Subdivisions. ORDERED on the motion of Alderman Kerrin, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 219 - Chief Administrative Officer - Re: Encroachment - 4436-4446 Queen Street. The report recommends that the application for the passing of a by-law to permit the continuation of the encroachment of a building described as 4436-4446 Queen Street, upon the municipal road allowance, be approved, and the necessary by-law be enacted by Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted· Carried Unanimously-. No. 220 - Chief Administrative Officer - Re: City Float in the Vinok Beam, villa Ukranian Festival· The report recommends that the Municipality not enter the City float in the Vinok Beamsvilla Ukranian Festival, ORDERED on the motion of Alderman Merrett, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. RESOLUTION No. 28 - CUMMINGS - JANVARY - RESOLVED that the Weed Inspector of the City of Niagara Falls be directed to cause noxious weeds or weed seeds on any subdivided portion of the Municipality and lots not exceeding ten acres, whether or not the lots are part of a plan of subdivision, to be destroyed in the manner prescribed in the regulations made under the Weed Control Act; AND the Seal of the Corporation be hereto affixed, Carried U~ani~ously_. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that leave be granted to introduce the following by-laws, and the by-laws be read a first time| 1, 85-8~ - To close portions of Queen 8treat to vehicular traffic on a temporary basis. 2. 85-~6.- To allow the maintaining and using of a building which encroaches on a lane, 3. 85-87 - To provide monies for general purposes. The mo"dYi'dn Carried with Aldermen Hinsperger and Somerville, abstaining from the vote 'on C~eques No. 8318 and 8380 consecutively on conflicts of interest on By-law No. 85-87, and all others voting in fayour. 4 ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the following by-laws be now read a second and third tlme: 1. 85-85 - To close portions of Queen Street to vehicular traffic on a temporary basis. 2. 85-8~~ To allow the maintaining and using of a building which encroaches on a lane. 3. 85-87 - To provide monies for general purposes. The motion Carried with Aldermen Ninsperger and Somerville, abstaining from the vo6e o~C~eques No. 8318 and 8380 conesentirely on conflicts of interest on By-law No. 85-87, and all others voting in fayour. NEW BUSINESS HEAVY TRUCKS - BRIDGE STREET AND VICTORIA AVENUE Alderman Herrerr asked the Chief Administrative Officer whether or not he has received any complaints about heavy trucks travelling from the Niagara Distribution Centre at Bridge Street and Victoria Avenue, south along Victoria Avenue to the Highway. The Chief Administrative Officer stated that he had only received complaints regarding trucks leaving Canadian Racing Plate. Alderman Merrett requested the Chief Administrative Officer to ascertain if there is any weight restriction on Victoria Avenue for trucks and to contact the Niagara Distribution Centre about this problem. LETTER OF CONGRATULATIONS - MR. VINCE KERRIO, M.P.P. ORDERED on the motion of Alderman Herrarts seconded by Alderman Cheesman, that a letter of congratulations be sent to Mr. Vines Kerrio, M.P-P- on his recent election victory. Carried Unanimously. Mayor Smeaton stated that he would send the letter- ENUbIERATION FOR PROVINCIAL ELECTION Alderman Orr asked the City Clerk to find out how many people were not enumerated for the last election and inquired whether or not these people would be missed in the next election. The City Clerk stated that he cannot guarantee that these people will not be missed, however, he assured Alderman Orr that they would not use the same list if there was another election. ROAD CONDITION - FOURTH AVENUE Alderman C,,mmtngs said that since he has been going to meetings at the Y.M.C.A. he has to travel down Fourth Avenue to get there and that the road is in very poor condition. Mayor Smeaton stated that Cyanamid has brought the condition of the road to his attention. The Director of Municipal Works informed Council that the reconstruction of this road is in the 1985 Budget and will probably be done in the fall. NIAGARA PROMOTION BLOSSOM PARADE ORDERED on the motion of Alderman Cummings, seconded by Alderman Covilles that a letter of congratulations be forwarded to the Niagara Promotion Association for the excellent Blossom Festival Parade held last Saturday, and made possible by the dedication of many volunteers who give so willingly of their time to promote this event. SPECIAL NIGHT HONOURING PEPPER MARTIN Alderman Cummings stated that a special night for Pepper Martin is going to be held on June 6th, 1985, at St. Patrick s stadium. Alderman Cummings said that he had tickets available for anyone who wishes to attend. 1985 F.C.M. MEMBERSHIP FEES Alderman Puttick inquired whether or not Mayor Smeaton received an answer from the Region regarding 1985 F.C.M. Membership Fees. Mayor $meaton stated that he had not pursued the matter but he will look into it. CONDITION OF BUILDINGS Alderman Chessman requested information from Staff regarding the condition of two buildings, one located on Lundy's Lane next to Niagara Lighting and the other, which is a partially completed hotel, located where Ferry Street becomes Victoria Avenue. Alderman Chessman felt that these buildings are in very poor condition and something should be done regarding their appearance- AIRPORT ON WELLAND RIVER Alderman Coyills stated that there is a small airport golng up on the Welland River, Just east of the Welland Chemical Plant, and inquired whether or not they would have approval to land the planes on the river. The Chief Administrative Officer said that this would be a Federal matter and he would inquire about it. PCBtS IN MILK Alderman Baker said that he is very concerned with the issue of PCB's in the milk, particularly how they got into the milk. Alderman Baker said that he had discussed the entire matter with his dairy and came to the conclusion that liquid sludge, which is produced by waste treatment plants, is being spread on farmland and the plants which are being grown on this land are being fed to the animals. Following further discussion, Alderman Baker stated that he would like to see a resolution endorsed by Council saying that City Council will object in the strongest terms to prevent the Region from making liquid sludge available to haulers and demand that the Reglon pursue the course of action which will show that the liquid sludge has been properly treated. Alderman Puttick stated that he thinks Council should go to the Region and request that they come to a Council meeting to explain the entire matter. Alderman Chessman said that he agreed with Alderman Puttick and he would also like to see a member of Regional Staff come down and explain in more detail what they are doing, and perhaps at that time Alderman Baker could outline his concerns. Alderman Chessman inquired whether anything different was being done in Regional Niagara compared to the rest of the Province. Alderman Keighan said that he would like the proper authorities to test the sludge coming out of the pollution Control Plant. Alderman Hinsperger stated that he agreed with Alderman Keighan that more tests are needed. Alderman Merrett suggested that perhaps the City should look at hiring their own firm to do the testing. Following further discussion, Regional Councillor Ed Sherat provided additional information. ORDERED on the motion of Alderman Keighan, seconded by Alderman Hinsperger, that officials of the Region be asked to test the affluents coming out of the pollution Control Plant for PCB~s. The motion Carried with Alderman Puttick voting contrary for the reason stated above, 'and all others voting in favour. ORDBRED on the motion of Alderman Chessman, seconded by Alderman Puttick, that Regional Staff be invited to attend a future Council meetin~ to provide more information on this whole sub]ect. 1 Carried Unanimous ~;. Alderman Coyills requested that the Design and Construction Engineer prepare a report on this matter for Council, and Mayor Smeaton stated that the City Clerk would look into this. Alderman Somerville requested that the Chief Administrative Officer get the brochures which are available from the Region on this subject. It was moved by Alderman the meeting adjourn- seconded by Alderman Orr, that EIGHTEENTH' MEETING PLANNING/REGULAR MEETING Council Chambers May 13th, 1985 Council met on Monday, May 13th, 1985, at 7:30 p.m. for the purpose of considering Planning Matters and General Business. All members of Council were present- His Worship Mayor William S. Smeaton presided as Chairman. Alderman Patrick offered the opening prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Orr, seconded by Alderman Merrett, that the minutes of the meeting held May 6th, 1985, be adopted as printed. Carried Unanimously. REPORTS - PLANNING MATTERS No. 221 - Chief Administrative Officer - Re: Official Plan and Zoning Amendment Application, AM-1/8)~ White Water Holdings (Niagara Falls) Ltd. The report recommends: 1. That Council table the proposed amendment to the Official Plan and Zoning By-law. 2. That Council direct staff to prepare an additional Technical Report in consideration of the applicantts recent submission of an "Expansion Concept Plan and Economic Feasibility Study for White- water Park" as filed with the Planning Department on 1985 05 06. 3. That Council reconvene the Public Meeting on 1985 06 10. 4. That staff be directed to provide further notice of the 1985 06 10 Public Meeting in a similar or like fashion to the former required public notice at least 21 days prior to Council's further consideration of the Official Plan and Zoning By-law Amendment. Mis Worship Mayor 8meaton advised that this was the official Public Meeting to consider the proposed amendments, and asked the City Clerk to explain the proposal and the date Notice of Public Meeting was forwarded. Alderman Janvary declared a conflict of interest because her daughter is employed by Whitewater. The City Clerk advised that this application was for an Official Plan Amendment and a Zoning By-law Amendment for Whitewater Holdings (Niagara Falls) Ltd. The City Clerk stated that the owners of the subject lands wished to expand their present Tourist Commercial use on a portion of the abutting lands to the south. Presently the 0 Whitewater Park consists of lands having a frontage of 16 m+ (333') on the south side of Lundy's Lane and a depth of 150m+ (520').' It is intended that 3.8 acres (333' x 497') immediately s~uth of the present remain Kesidentia · The City Clerk 2.41 acres . 1 explained that to achieve the establishment of a parking lot on the subject lands the Official Plan and Zoning By-law must be amended. The amendment to the Official Plan is to rudestgnats the 3.8 acres from Residential to Tourist Commercial. The Zoning By-law amendment will fezone the subject lands from Development Holding (DH) to a Forking (F) zone and provide site specific zone regulations. The Planning Director explained the proposal in full detail and provided additional information. The Planning Director stated that the Planning Department received an Economic Feasibility Study last week, showing the proposed expansion, and because this document is new and the Planning Department has not had the opportunity to view the material,-the matter should be tabled. In response to Mayor Smeaton's request for tommeats from parsons other than the applicant in support of the by-law amendment, Mr. John Moffner from Carriage House Motor Lodge stated that Whitewater has been a major asset in the tourist industry. Mr. Orsinsi from Coral Inn said that people from Whitewater have been using his property for parkin~ and felt that the proposal for additional parking spaces should be approved. Mr. Cord Paul from the Niagara Falls, Canada Visitor and Convention Bureau addressed Council stating that Whitewater are members in good standing. Mayor Smeaton stated that letters had been received from Norms and Dan Iannone and Michael and Karen Sirfermi who are not in fayour of the proposal and asked if there were any other persons present not in fayour of the proposal. -2- Mr. Claude Zorzetto inquired whether Whitewater would be willing to state their position even though the matter would be tabled. Mr. John Broderick, representative for Whitewater, stated that he would be prepared to present the facts. Mayor Smeaton stated that it would not be necessary to present any facts at this particular meeting because it would have to be done again at the meeting to be held on June 10th, 1985, however, Mayor Smeaton said that he would not refrain anyone from addressing Council at this particular time. Alderman Cummings inquired whether or not the impact study would be available to the people. Mr. John Broderick stated that there were some financial statements in the study that are confidential. The Planning Director said that he would discuss this matter with the City Solicitor. Alderman Puttick requested that the reports for the meeting to be held on June lOth, 1985, not be reprinted. ORDERED on the motion of Alderman Keighan, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried with Alderman Janvary abstaining from the vote on a conflict of interest as previously recorded~ and all others voting in favour. Communication No. 140 -Norma and Dan Iannone and Michael and Karen Sirianni - Re: White Water Moldings. The communication expresses concern regarding the parking zoning at White Water Holdings. ORDERED on the motion of Alderman Keighan, seconded by Alderman Cummings, that the eomanunication be tabled to the June lOth, 1985, meeting. The motion Carried with Alderman Janvary abstaining from the vote on a conflict of interest as previously recorded, and all others voting in layout. No. 222 - Chief Administrative Officer - Re: Zoning Amendment Application, AM-3[~), 3. Moretta Investments- The report recommends: 1. That Council support the proposed amendment to By-law 79-200 (as amended) as detailed in Planning Department Reports PD/44/85 and PD/47/85. That Council direct staff to prepare the required Zoning By-law Amendment for enactment at a subsequent Council meeting. His Worship Mayor Smeaton advised that this was the official Public Meeting to consider the proposed amendments, and asked the Cit~- Clerk to explain the proposal and the date Notice of Public Meeting was forwarded. Alderman Kerrio declared a conflict of interest because he owns the building across the street. Mayor Smeaton advised Council that correspondence had b~en received from Sylvia and Rudy Penaska and Roland Beaulieu opposing the application. The City Clerk stated that the proposal is to amend the zoning of the above referenced site from a Residential Low Density, Grouped Multiple Dwellings (R4) Zone and a General Commercial (GC) Zone to a Residential Apartment 5D Density Zone (RSD) with sons regulations teilored site specifically to accommodate an apartment complex. The apartment complex comprises two apartment towers interconnected with a varying height and roof line (10 to 12 etoreys and 12 to 14 storeye i total at respectively) and compr sea of 150 units a site density of 42.2 units per acre. The Planning Director and Senior Planner explained the application further and presented pictures ahowing the sise of the building and the effects of shadowing. A response was not received to Mayor Smeatonts request for comments from persons other than the applicant who were in fayour 'of the application. Meyor Smeaton asked if any persons were present who were oppoeed So the application. Mr. Roland Beaulieu of 3920 Orlando Drive, Mr. Kenneth gra~er of 6020 Tampa Court, Mrs. Diane Nemeth of 3879 Orlando Drive, Mr, Car! McX~ight of ]8~1 Orlando Drive~ and,Mr. Chria Long of 3780 Panama Court, addressed Council stating that they are opposed to the application. Some concerns expressed are the height of the building, increased traffic flow, possibility that existing fire equipment cannot fight a fire in such a high building, possibility that value of houses may decrease, possibility of future access onto Orlando Drive, park may be shadowed by the building, possibility that John Marshall School may not be able to accommodate the extra children, and no privacy in back yards. Following further discusssion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Alderman Kerrio abstaining from the vote on a conflidt o~ interest as previously recorded, Aldermen Janvary and Coville voting contrary, and all others voting in layout. Amendment Application J. Moretta investments. The communication objects to the proposed zoning amendment application of J. Moretta Investments. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously.. Communication No. 142 - Roland Beaulieu - Re: Request for Public Meeting. The communication requests a public meeting regarding the proposed zoning amendment application of J. Moretta Investments. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hinsperger, that the communication be received and filed- Carried Unanimously. Communication No. 143 - The Lions Club of Stamford - Re: Proposed Zoning Amendment Application AM-3/8), J. Moretta investments. The communication objects to the proposed zoning amendment application of J. Moretta Investments- ORDERED on the motion of Alderman puttick, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously.. Communication No. 144 - Residents - Re: Petition. The communication is a petition opposing the rezoning of Part Block M, Plan M-33, 3758 Portage Road. ORDERED on the motion of Alderman Puttick, seconded by Alderman Miusperger, that the communication be received and filed. Carried Unanimously. No. 223 - Chief Administrative Officer - Re: Application for Exemption from Part Lot Control, OLC Lands for tots 74 & 77 and Blocks Q, R & S, Plan M-53, Charnwood Subdivision, City of Niagara Falls. The report recommends that application from Mr. J. Perdue, on behalf of the Ministry of Municipal Affairs and Ho~sing, to exempt lots 74 and 77 and Blocks Q, R and S according to Registered Plan M-90 from Part Lot Control be approved subject to the applicant entering into an appropriate agreement with the City of Niagara Falls. ORDERED on the motion of Alderman Baker, seconded by Alderman Minsperger, that the report be received a~d adopted. Carried Unanimously. No. 224 - Chief Administrative Officer - Re: Request for Building Permit, Reference Plan )~R-Zluo, Parts 4, 5 and 6, East side of McKenny Road, South of Lyons Creek Road (Part Lot 8, Concession 4). The report recommends that the request for a Building Permit for Parts 4, 5 and 6 of Plan 59K-2700 be approved subject to an agreement being entered into with the owner of the subject lots relative to the City's requirements prior to the issuance of said Building Permit. ORDERED on the motion of Alderman Coyills, seconded by Alderman 0rr, that the report be received and adopted. Carried Unanimously.. No. 225 - Chief Administrative Officer - Re: Re uest for Extension to Draft Plan Approval Mingle Subdivision, 26T-7900~. The report 1. That a copy of this report be forwarded to the Regional Municipality of Niagara and Mr. Brian Sinclair~ golicitor of the applicant, -4- 2. That a Council resolution supporting a temporary three months extension to the Mingle draft plan of subdivision be forwarded to the Regional Municipality of Niagara and once a subdivision sign is erected to municipal requirements, a further one year extension will be supported. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted- Carried Unanimously. See Resolution No. 31. No. 226 - Chief Administrative Officer - Re: Zoning By-law Amendments, Crowland By-law 1538, Willoughby By-law 395, Need for Further Public Meeting. The report recommends: 1. That Council reconvene the Public Meeting for the Highway Commercial lands at the interchange of the Queen Elizabeth Way and Sodom Road, and those lands east of Crowland Avenue and north of BigEar Road on 1985 06 10. 2. That Council direct Staff to provide further notice of the 1985 06 10 Public Meeting for those lands which the By-law Amendment will apply and within 400 feet of same at least 21 days prior to Council's further consideration and to those persons who previously requested notification. 3. That Council direct Staff to prepare the required Zoning By-law Amendment for enactment at a subsequent Council meeting for the Crowland and Willoughby areas save and except those lands referenced in recommendation ~1 above. 4. That Council, by resolution, and prior to the passing of the By-law determine in accordance with Section 34 (16) of the Planning Act 1983 that the change to the proposed By-law will not require the giving of any further notice. Alderman Coville inquired whether the people would be notified of this meeting. The Planning Director stated that all those persons living within 400 feet of this area or who have left their names with the City Clerk would be contacted. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coyills, that the report be received and adopted. Carried Unanimously- No. 227 - Chief Administrative Officer - Re: Request for Extension to Draft Plan Approval, Drummond Park Village Extension Subdivision, 26T-80003. The report recommends: 1. That a copy of this report be forwarded to the Regional Municipality of Niagara and Group 2 Development for information.~ purposes. 2o That a Council resolution supporting a temporary three months extension to the Drummond Park Village Extension draft plan of subdivision be forwarded to the Regional Municipality of Niagara and once a subdivision sign is erected to municipal requirements, a further one year extension will be supported. ORDERED on the motion of Alderman Cummings, seconded by Alderman Keigham, that the report be received and adopted. Carried Unanimously. gee Resolution No. 32. No, 228 - Chief Administrative Officer - Re: Request to Close Fairfield Place Walkway, The report recommends that Council reaffirm its earlier decision to not permanently close and dispose of a 20 foot wide walkway extending from the easterly end of Fairfield Place to Stamford Park for the reasons outlined in the background section o~ this report, Mayor $meaton inquired whether anyone who was in attendance wished to address Council respecting this matter. Mr, Dave Leonard of 7941 Fairfield Place stated that he is interested in purchasing the 'walkway, Mr, Leonard informed Council .that the sewer runs through the centre of the walkway. The Chief Administrative Officer said that the details of the agreement would need to be worked out but at this point in time some direction is needed. ORDERED on the motion of Alderman Keighan, seconded by Alderman Orr, that the report be tabled until more information is received. The motion was De sated with Aldermen Keighan end Orr voting in fayour, and all others~ontrary. -5' ORDERED on the motion of Alderman theesmart, seconded by Alderman Cummings, that the Fairfield Place walkway be closed and conveyed to the abutting property owners. The motion Carried with Aldermen Keighan and Orr voting contrary, and all others voi'f~'~favour- No. 229 - Alderman D. Covflle - Re: The City of Niagara Falls' Symposium on the OW~MC. The report recommends that the location, speakers and expenditures be approved for the proposed symposium. ORDERED on the motion of Alderman Coville, seconded by Alderman Keighan, that the report be received and adopted. The motion Carried with Alderman Orr voting contrary, and all others voting in fa~o~r. DEPUTATION Communication No. 145 - Ci~r Clerk - Re: Use of City Laneway. The communication is a letter om the City Clerk to Mr. Michael Crocco. The City Clerk explained that Mr. Crocco lives on McGrail Avenue and Mrs. Gallo wrote to City Council asking that Mr. Crocco be requested to remove a fence which he has put up on a City owned laneway. The City Clerk stated that Mr. Crocco has been using this laneway as a garden for 31 years and Mrs. Gallo is requesting to use 3 feet of that laneway to square off her back yard. Mr. Michael Crocco addressed Council stating that he did not feel it was fair that his father would have to remove this fence at this point in time. Following further discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Keighan, that the communication be received and filed and that Mr. Crocco be permitted to continue to use the City owned laneway. The motion Carried with Alderman Cheesman voting contrary, and all others voting in favo~r. UNFINISHED BUSINESS Communication No. 146 - Niagara District Health Council - Re: Location of Extended Care Beds. The communication clarifies the Niagara District Health Council's position on this matter. Regional Councillor Peter Sobol addressed Council and presented a resolution to Council. Mr. Bill Payne, Vice-President of the Greater Niagara General Hospital, provided additional information for City Council and stated that at the present time extended health care beds are not needed but rather chronic care beds, Alderman Chessman inquired as to what the difference is between extended health care beds and chronic care beds and whether extended care beds facilities can be easily modified to deal with chronic care. Mr. Payne stated that extended care is determined by the number of nursing hours required, usually between 1 to 2 1/2 hours, residential care is determined if the number of nursing hours is below this amount of time, and chronic care is determined if the number of nursing hours is above this time- Mrs. Diane Shepherd, representing the Social Planning Council, and Regional Councillor Ed Sherat, provided additional information. Following further discussion, it was ORDERED on the motion of Alderman Keighan, seconded by Alderman Chessman, that the following resolution be endorsed and that the commnnication be received and filed: -. WHEREAS the Ministry of Community and Social Services has announced the placement of extended care and residential facility in the Town of Niagara-on-the-Lake, AND WHEREAS the Niagara District Health Council in its findings has recommended that Niagara Falls be second in priority to Fort Erie in the need for extended care beds within the Regional Municipality of Niagara, THEREFORE BE IT RESOLVED THAT the City Council oppose the placement of the above facility in the Town of Niagara-on-the-Lake, AND FURTHER that City Council meet with the Minister of Health and the Minister of Community and Social Services, including · re resentatives from the City, the Social Planning Council, the Niagara District Health Council and the Greater Niagara General Hospital, to discuss the apparent lack of concern regarding the bed shortage in Niagara Falls. The motion Carried with Alderman Puttick voting contrary to procedure, and all others votin~ in fayour. See Resolution No, 29. -6- Communication No. 147 - Mayor Smeaton - Re: Homes for the Aged Facilities iu the Towns nf Fort Erie and Niagara-on-the-Lake. The communication is a letter from Nayor Smeatou to the Honourable Robert Elgie, Minister of Community & Social Services, ORDERED ou the motion of Alderman Keighan, seconded by Alderman Chessman, that the communication be received and filed. Carried Unanimously. Communication No. 148 - Social Planuin Council of Nia are Falls - Nursing Care Beds- The communication ~ntorms Council t~at the 1982 report regarding Nursing Care Beds outlines some of the problems iu Niagara Falls and makes recommendations aimed at alleviating the bed shortage in this community. ORDERED on the motion of Alderman Keighan, seconded by Alderman Chessman, that the communication be received and filed. Carried Unanimously. CObtMUNICATIONS No. 149 - The Niagara Peninsula Conservation Authority - Re: Niagara Peninsula Conservation Authority's 1984 Annual Report and 25th Anniversary Publication. The communication is respecting the Niagara Peninsula Conservation Authority's 1984 Annual Report and 25th Anniversary Publication. ORDERED on the motion of Alderman Cumm{ngs, seconded by Alderman Kerrio, that the communication he received and filed. Carried Unanimously. No. 150 - The Niagara Peninsula Conservation Authority - Re: Niagara Peninsula Conservation Authority - Flood Warning System. The communication advises Council that the Authority has reviewed its flood contingency procedures and this resulted in the preparation of a comprehensive manual. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the two requests contained in the letter be referred to Staff for reply. Carried Unanimously. No. 151 - The Regional Municipality of Niagara - Re: Municipal Licensing. The communication informs Council that the Regional Niagara Health Services Inspection Department wishes to support the continuation of the municipal licensing system. ORDERED on the marion of Alderman Orr, seconded by Alderman Cummings, that the communication be received and filed and that a copy be forwarded to the Association of Municipalities of Ontario and the Chamber of Commerce. Carried Unanimously. No. 152 - Fan-Air Helicopters Ltd. - Re: Temporary Location of Hellport- The communication informs Council that Pan-Air Helicopters Ltd. will be carrying out operations from the aerodrome located on Detenbeck Road, south of Chippaws. The City Clerk advised that Pan-Air has Just recently sold the Hellport and they are still trying to retain the license to/operate the hellport. ORDERED on the marion of Alderman 0rr, seconded by Alderman Baker, that the communication be received and filed. Carried Unanimously. REPORTS No. 230 - Chief Administrative Officer - Re: Long Term Disability Benefit - Insurance Policy Renewal. The report recommends that Canada Life continue to provide Long Term Disability Insurance coverage to the Corporation for the policy year commencing June 1, 1985. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted, Carried Unanimously. No. 231 - Chief Administrative Officer - Re: 5943 Victoria Avenue, The report recommends that this .report be received and filed, ORDERED on the motion of Alderman Coyills, seconded by Alderman CumminSs~ that the report be received and filed. Carried Unanimously, -7- No. 232 - Chief Administrative Officer - Re: Site Plan Approval, Proposed Public Garage - 6644 Lundy's Lane. The report recommends that Council a prove in principle the site plan on display at tonight's mechanical, and the site plan meeting, ~eing a proposed public garage being drawing number 1A dated May 8th, 1985, and filed with the Buildings and Inspections Department of the City of Niagara Falls on May 9th, 1985, and that such approval be subject to the following conditions: a) That the owner be required to provide to the satisfaction of and at no expense to the Corporation of the City of Niagara Falls (the City) the following facilities and works shown on the said site plan. 1. Two access ramps to provide ingress and egress between the property and Lundy's Lane and Carlton Avenue which shall be in the Iocation and of the width shown on the site plan together with the curblugs shown on the site plan. 2. Two off-street parking spaces and the access driveways, all having dimensions and being in the locations shown on the site plan and which shall be surfaced with hot mix asphalt or approved equivalent, together with all of the curbings shown on the site plan. 3. Concrete sidewalks of the dimensions and in the locations shown on the site plan. 4. Any facilities for lighting including floodlighting, shall be installed and maintained so that the light is deflected away from adjacent residential or institutional districts or uses and away from traffic or adjoining roadways. 5. The trees, shrubs and other landscaping of the types and in the locations shown on the site plan to be constructed- 6. The facilities for the storage of garbage and other waste material within the buildings to be constructed- 7. Such grading or alterations in elevation as shall be necessary to provide the elevations on the site plan together with all of the facilities and works for the disposal of storm, surface and waste water shown on the site plan. b) and that the owner be required to maintain to the satisfaction of the City and at the sole risk and expense of the owner the facilities or works mentioned in paragraphs 1, 2, 3, 4, 5, 6 and 7 of clause (a) above, including the removal of snow from access ramps and driveways, parking and loading areas and walkways. e) and further that the owner be required to enter into a site plan agreement with the City dealing with the facilities, works and matters enumerated above. Alderman Puttick declared a conflict of interest because he is employed by a local car dealership. ORDERED on the motion of Alderman Orr, seconded by Alderman Baker, that the report be approved in principle. The motion Carried with Alderman Puttick abstaining from the vote on a conflict o~' f~terest as previously recorded, and all others voting in fayour. No. 233 - Chief Administrative Officer - Re: Contract G.C. 9-85 - Underground Services in Moretta Subdivision - Stage II. The report recommends that the unit prices submitted by the low tendeter, Greenwood Contracting Limited~ for Contract G.C. 9-85s be accepted by Council, ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio~ that the report be received and adopted. Carried Unanimously.~.. See ResolUtion NO.'3 · No. 234 - Chief Administrative Officer - Re: Pipe Crossing Agreement with C.P. Rail for Installation ot a 300 mm Diameter Watermain and a 375 mm Diameter Sewer at Queen Street, The report recommends that the by-law appearing on tonight~e Council agenda be given the necessary readings to authorize the execution of a Pipe Crossing Agreement with C.P. Rail for the above-referenced works. ORDERED on the motion of Alderman OfT, seconded by Alderman Merrett, that the report be received and adopted, Carried Unanimous1 . -8- No. 235 - Chief Administrative Officer - Re: Drainage Problem at 7354 Scholfleld Street - Mrs. Anne Brigis- The report recommends that: 1. the information in this report be considered in conjunction with the report considered by Municipal Works Committee on 1985 05 06 (attached); 2, the responsibility for resolving the rear lot drainage problem at this location be that of the property owner(s); 3, Staff provide technical advice and field grades as required to solve this problem. ORDERED on the motion of Alderman Earrio, seconded by Alderman Somerville, that the report be tabled· Carried Unanimously. No. 236 - Munici al Works ComiCtee - Re: (1) Mr. J. Brigis - Proposed Restaurant and ~as Bar at Mountain Road and Q.E,W. - Sanitary Sewage Disposal. (2) Sanitation Department - Handout Notice to Mouseholders- The report recommends that: (1) the proposed restaurant/gas bar development at Mountain Road and Q.E.W. by Mr. 3. Brigis, not be permitted to discharge sanitary sewage to the existing Olden Avenue sanitary sewer system- (2) that this advisory report be received and filed. ORDERED on the motion of Alderman Orr, seconded by Alderman Eerrio~ that the report be received and adopted. Carried Unanimously. No. 237 - Munici al Parkin and Traffic Committee - Re: Parking Restrictions on ~ritannia ~rescent. The report recommends that existing no-parking restrictions on Britannia Crescent remain unchanged* ORDERED on the motion of Alderman Merrett, seconded by Alderman 0rr, that the report be received and adopted* Carried Unanimously. No. 238 - Chief Administrative Officer - Re: Floor Tiling - Stamford Memorial Arena. The report recommends that Tuflex floor tiling be installed in Stamford Memorial Arena and Crystaplex Limited of Mississauga be requested to supply 3,502 squats feet at a total price of 17 415.00. ~RD~RED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously, go, 239 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $2,066,028.09 for the period ending May 13th, 1985, be approved by the passin~ of the by-law appearing later on the agenda. Alderman Minsperger declared a conflict of interest on Cheque 8399 because he is an employee of the company· Alderman Cummings declared a conflict of interest on Cheque No. 8443 because a member of his family is involved. Alderman Keighan declared a conflict of interest on Cheque No. 8406 because a member of his family is involved. Alderman Chessman declared a conflict of interest on dheque No. 8506 because hie wife works for the organization. Additional information was provided on Cheque No. 8458. ORDERED on the motion of Alderman Coyills, seconded by Alderman Somerville, that the report be received and adopted. The marion Carried with Aldermen NinsperBer, Cummings, Keighan~ and Chessman abstain nEtS' from the vote on Cheques No. 8399~ 8443, 8406~ and 8506 consecutively~ as previously recordads and all others votin~ in fayour. See By-law No. 85-92. No. 240 - Chief Administrative Officer - Re| Request of Bargain Harold~s Plaza tot gunday Store Opening. The report recommends that this report be received and filed for the information of Council. ORDERED on the marion of Alderman Cumminge~ seconded by Alderman Hinsperger~ that the report be received and filed. The motion Carried with Aldermen Keighan, Kerr~o~ and. Somerville voting contrary, others votin~ in fayour. 'No. 241 - Chief Administrative Officer - Re~ Ontario Hunieipal ' Administrator'e AssociatiOn. T~e report recommends that the Chief Administrative Officer be authorized to attend the Annual Conference of the Ontario Municipal Administrator~s Association to be held in Sault Ste. Marie, Ontario from June 5th to 8th, 1985, ORDERED on the motion of Alderman Cummings, seconded by Alderman Mettart, thaC the report be received and adopted. Carried Unanimously. -9- No. 242 - Chief Administrative Officer - Re: Summer Schedule of Council Meetings. The report recommends that the schedule of Council meetings listed in the report be approved. ORDERED on the marion of Alderman Keighan~ seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously.. No. 243 - Chief Administrative Officer - Re: 6621 Lundy's Lane. The report recommends that the intormation be received and filed. ORDERED on the motion of Alderman Cummings~ seconded by Alderman Kerrio, that the report be received and filed. Carried UnanimousiF. No. 244 - Chief Administrative Officer - Re: 6629 Lundy's Lane. The report recommends that the information be received and filed. ORDERED On the motion of Alderman Cummings seconded by Alderman Kerrio, that the report be received and filed. Carried UnanimouslYt No. 245 - Research Co-ordinator - Re: OWMC Meeting on Facilities Design. The report is for information purposes. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and filed. Carried Unanimously.. Communication No. 152 - Gareth Green 2nd Lieutenant~ AdJ. 126th Squadron - Re: Landing of Military ~elicopter at Optimist ParK/ T e commanfaation requests permission to land a military helicopter at Optimist Park at 1:30 p.m. on Sunday May 26th, 1985, for the annualh inspection of the 126th Squadron- ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the communication be received and adopted- Carried Unanimously. Bo's .. Communication No. 153 - Greater Niagara Minor y Fastball Association - Re: Special Occasion Permit. The communication requests permission to operate a small concession at Niagara Sportsworld Batting Cages and Driving Range on May 25th and 26th, 1985. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the request be approved subject to the approval of other authorities. Carried UnanimouslYt RESOLUTION No. 29 - KEIGHAN - CREESMAN - RESOLVED that WHEREAS the Ministry of Community and Social Services has announced the placement of extended care and residential facility in the Town of Niagara-on-the-Lake, AND WHEREAS the Niagara District Health Council in its findings has recommended that Niagara Falls be second in priority to Fort Erie in the need for extended care beds within the Regional Municipality of Niagara, THEREFORE BE IT RESOLVED THAT the City Council oppose the placement of the above facility in the Town of Niagara-on-the-Lake, AND FURTHER that City Council meet with the Minister of Health and the Minister of Community and Social Services, including representatives from the City, the Social Planning Council, the Niagara District Eealth Council and the Greater Niagara General Hospital, to discuss the apparent lack of concern regarding the bed shortage in Niagara Falls; AND the Seal of the Corporation be hereto affixed. The motion Carried with Alderman Puttick voting contrary to procedure~ and all othe[s vo6ing in layout- No. 30 - CUMMINGS - RERRIO - RESOLVED that the unit prices, submitted by the low tendeter, Greenwood Contracting Limited, for Contract G.C. 9-85s be accepted by Council; AND the Seal of the Corporation be hereto affixed. -'~ Carried Unanimously. No. 31 - CUMMINGS - HINSPEKGER - RESOLVED that the Council of the City of Niagara Fails supports n tufther 3 month extension of draft plan approval for the Mingle Subdivision - (File No. 26T-79006)~ and that once a subdivision sign is erected to municipal requirementsT a further one year extension will be supported; AND the Seal of the Corporation be hereto affixed. Carried Unan.imouely.: No. 32 - CUMMINGS - KEIGHAN - RESOLVED that the Council of the City of Niagara Falls supports a further 3 month extension of draft plan approval for the Dr,,nn~ond Park Village Extension Subdivision - (File No, 26T-80003)~ and that once a subdivision sign is erected to municipal requirements~ a further one year extension will be supported, AND the seal of the Corporation be hereto affixed, Carried UnanimOUslY. - 10 - BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Coyills, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 1. 85-88 - To allow the maintaining and using of a building which '" encroaches on Queen Street. Z. 85-89 - To authorize the execution of an agreement with Greenwood ' Contracting Ltd. for Underground Services in the Moreits Subdivision - Stage 3. 85-90 - To authorize the execution of an agreement with C.P. Rail ' (Case) Railway Company. 4. 85-91 - To amend By-law No. 3790, being a by-law for the regulation ~ · of traffic. (Oakwood Drive) 5. 85-92 - To provide monies for general purposes. The mo'~n Carried with Aldermen Hinsperger~ Cummings, Keighan, and Chessman abstaining from the vote on Cheques No. 8399, 8443, 8406, and 8506 ceaseentirely on conflicts of interest on By-law No. 85-92, and all others voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Rinsperger, that the following by-laws be now read a second and third time: 1. 85-88 - To allow the maintaining and using of a building which "" encroaches on Queen Street. 2. 85-89 - To authorize the execution of an agreement with Greenwood " Contracting Ltd. for Underground Services in the Moreits Subdivision - Stage II. 3. 85-9.0 - To authorize the execution of an agreement with C-P- Rail (Case) Railway Company. 4. 85-91 - To amend By-law No. 3790, being a by-law for the regulation of traffic. (0akwood Drive) 5. 85-92 - To provide monies for Seneral purposes. The motfdn Carried with Aldermen Hinsperger, Cummings, Keighan, and Chessman absta~g from the vote on Cheques No. 8399, 8443, 8406, and 8506 consecutively on conflicts of interest on By-law No. 85-92, and all others voting in fayour, NEW BUSINESS PROPERTY AT THE CORNER OF DRUMMOND ROAD, PORTAGE ROAD, AND THOROLD STONE ROAD Alderman Cummings inquired as to what the property located at the corner of Drummond Road, Portage Road, and Thorold Stone Road would be used as. Alderman Cummings stated that a few buildings had been torn down and that four gas pumps still remained there. / The Chief Administrative Officer stated that he would find out what will be done with the property. DRAG STRIP - MONTROSE ROAD Alderman Somerville said that a concerned resident had contacted him regardinS cars using Montrose Road as a drag strip. Alderman Somerville stated that the proper authorities had been contacted and said that they cannot do anything about the situation. The Chief Administrative Officer will check into this matter. SLUDGE ISSUE Alderman Puttick informed Council that there had been material in the agenda regarding the sludge issue and said that everything is under control. ADVERTISING ON SIGNS BY TOURIST OPERATORS Alderman Puttick requested that a report regarding advertising on signs by tourist operators be prepared for the Council meetin~ in two weeks. CROSSING GU~h~D8 Alderman Puttick asked if there was a problem with a crossing guard at the corner of Dorchester Road and McLeod Road. 11 - 11 - The Chief Administrative Officer informed Council that the matter had been resolved. Alderman Patrick etated that he felt the crossing guards were not doing their Job as they should be, and their duties should be reviewed. The Chief Administrative Officer said that he would look into the matter. CANADA DAY PICNIC Alderman Janvary informed Council that the Civic Committee has organized the Canada Day picnic which will be held on July lst~ 1985. OHIO BRASS Alderman Janvary requested that a letter be forwarded to Mr. Henry Mullet who just recently purchased Ohio Brass stating that it will be a great advantage to the City. NATIONAL FOREST WEEK Alderman Jabvary asked that National Forest Week be brought to the attention of the Region. It was moved by Alderman Put that the meeting adjourn. seconded by Alderman Merrett, SMEATON. Committee Room ~1 May 27t h, 1985 Council met on Monday, May 27th, 1985, at 7:00 p.m. in Committee of the Whole. All members of Council were present with the exception of Aldermen Orr and Somerville- Alderman Baker presided as Chairman. Following consideration presented the Committee of the Whole arose without / Council Chambers May 27th, 1985 Council met on Monday, May 27th, 1985, at 7:30 p.m. for the purpose of considering General Business. All members of Council were present with the exception of Aldermen Orr and Somerville. His Worship Mayor William S. Smeaton presided as Chairman- Alderman Coville offered the opening prayer. ADOPTION OF MINUTES ORDERED On the motion of Alderman Cummings, seconded by Alderman Hinaperger, that the minutes of the meeting held on May 13th, 1985, be adopted as printed. Carried Unanimously. pRESENTATIONS ACHIEVEMENT AWARDS Mayor Smeaton presented achievement awards to Michael Cotlie who placed first in the Karate Open Division at the Canadian Nationals held in Toronto and to his coach, Harold Howard, who placed first in the Karate Open Division at the Canadian Nationals held in Toronto and also placed second in the Men's Karate Black Belt Heavy Weight Division at the Canadian Nationals° ACHIEVEMENT AWARDS Mayor Smeaton presented achievement awards to Allan Calder and Brad Warren who won the Ontario Doubles Handball Championships for the 12 Year 01de and Under, and also to their coaches, Ivan Elliott and Bill Gross, DEPUTATIONS Communication No. 153 - Mr. T.S. Secord, Secretary/Treasurer Local 537, United Transportation Union - Re: Cabooseles~ communication requests permission for members of this local to make a presentation to Council ex lainlug the effects on public safety that would exist if the RailwayVs proposals to Transport Canada are allowed to be implemented. Mr, T.S. Secord, Secretary/Treasurer, of Local 537, United Transportation Union, addressed Council and introduced Messrs. Paul Gallagher, Marry Gregotski, Carl Carew and Don Cole. Mr. Secord gave Council the opportunity to view a video tape presentation which showed the effects cabooseless trains could have on public safety. Mr. Carl Carew expressed hie concerns to Council and stated that this is riot a Job issue but rather public safety. Alderman Keighan inquired why the railroads would present this proposal if there is a question of public safety involved and requested that a representative of the railroad be invited to attend a Council meeting. Mayor Smeaton stated that this would be included~.fnthe correspondence. Alderman Puttick asked that the Chief Administrative Officer contact the AoM.O. and draft soma form of resolution for Council's consideration. FollowinS further discussion with the Fire Chief, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Herrerr, that Mr. Don Masankowski, Federal Minister of Transport~ the Chairman of the Transport Commission~ and Mr. Rob Nicholson, M.P., be contacted and requested to have a representative address City Council on the issue of taboosales8 trains, and request that more public hearings be held regarding this matters and ask for a hearing to be held here· Carried Unanimously· Communication No. 154 - Mr~ John Chitira -Rel Refusal of Cityv8 Insurance Company to pay claim tar damages. Mr. Chitira read the comments outlined in the communication to City Council regarding the refusal of the Cityvs Insurance Company to pay claim for damages to his restaurant due to a sewer backup. Alderman Herrerr declared a conflict of interest batJose his firm is a member of the Insurance Brokers Association. Hayor Smeaton etated: that there is no question about believing or not ~h~lie~lng Mr. Chitira but that all municipalities rely on their Insurance Adjusters to determine if the municipality is negligent- The Chief Administrative Officer informed Council that the Insurance Adjuster had been invited to attend the Council meeting, however, he was advised that he should not attend. Alderman Cummings inquired whether or not the previous history regarding this matter was submitted to the Insurance Adjuster- The Chief Administrative Officer stated that the Insurance Adjuster would speak to the Superintendent of the Sanitation Department and he would provide all the information that they would need· Mayor Smeaton said that there is really only one course for Mr. Chitira to takes and that is to So to court if he ao chooses. Alderman Cummings inquired whether the Insurance Adjuster would come to a Committee-of-the-Whole meeting or not. ORDEKED on the motion of Alderman Kerrio, seconded by Alderman Herrerr, that the Insurance Adjuster, Mr. Roy Kennedy, and the Staff who were involved in both occurrences be asked to attend a Committee of the Whole meeting· The motion Carried with Alderman Coyills voting contrary, Alderman Herrerr absta'Tat'~'from the vote on a conflict of interest as previously recorded, and all others voting in fayour. COMMUNICATIONS AND COMMENTS OF CITY CLERK No. 155 - Mini,it of Munici al Affairs and Housing - Re: 1984 Summary of Legislation A~{ectln Municipalities. The communication advises that the 1984 Summary o~ Legislation Affecting Municipalities i8 enclosed. ORDERED on the marion of Aldermen Cummings, seconded by Alderman Baker, that the communication be received and filed. Carried-Unanimousiy~ No, 156 - Mr, Derek R. Costella - Re: Request to Change City of Niagara City ado ted as its official logo in 19 5. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ja~ary, that the communication be referred to Staff for a report. 1 Carried Unanimous y. No. 157 - Ontario'Good'Roads Association - Re: Combination Loader/Backhee Operator UpSfading ~rograme. The communication advises that a course on Loader/Backhoe Operator UpSfading will be sponsored by the Ontario Good Roads Association with co-operation from ~heridan College of Applied Arts and Technology at the Regional Municipality of Niagara Thorold Yard near ~alker gram. Quarry on July 8th, 9th, and lOth, 1985. ORDEPJ~.D on the marion of Alderman Coyills, seconded by Alderman Kerrio, that the communication be referred to Staff, Carried Unanimously. No. 158 - Hastfield Community Court Association - Re| Canada Day - Nelghbourhood Get-Together. The communication invites Council to participate in Canada Day celebrations. Alderman Janvary asked if anyone had the time of this event because the Civic Committee is also holding celebrations that same day. The City Clerk stated that he would inquire as to what time the event would be held. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinspergers that the Association be thanked for the invitation and as many members of Council as possible attend, Carried Unanimously. No. 159 - Re ions1 Niajara PlaneinS and Develo ment Department - Re: CantrollinS ~e Ettects at Non-Farm Developmen~ on FarmDrainage. The communication requests that Council review report DPD 1862 and forward comments to the Region as soon as possible. FOllo~In~ further discussion,' it was ORDERED on the motion of Alderman' C-msings, seconded by Alderman Hinsperger, that the co~unication be referred to the Munici al ~orks Committee and that staff consider site plan contro! on a selected ~sis in rural areas, Carried Unanimously. -3- No. 160 - Re tonal Nia ara Planning and Development Department - Re: Report DPD l~bOs O~tar~o Waste~lanagement torporatlaS. The ' communication advises Council that the 1985 Regional Council approved Report DPD 1860 dealing with the Ontario Waste.Management Corporation. Alderman Cummings expressed the concern that the Region is not taking a stand on the location of OWMC facilities. The Planning Director provided additional information on the tourism study and explained that the second part would be dealt with only if the City of Niagara Falls was chosen as a preferred site. Alderman Coyills stated that all municipalities are opposed to having OWMC facilities in their area. Following further discussion, it was ORDERED on the motion of Alderman Coville, seconded by Alderman Cummings, that the communication be referred to the O.W.M.C. Steering Committee. Carried Unanimously. No. 161 - Regional Municipality of Nia ara- Re: 1985 Regional Tax Levy. The communication advises Council that one certified true copy of By-law 3908-85 entitled "A By-law to Levy Against the Area Municipalities for the Sums of Money Required During the year 1985 for the General Furposes of the Regional Corporation" was passed by Regional Council at its meeting on May 9, 1985. ORDERED on the motion of Alderman Baker, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. No. 162 - National Grocers Employees - Re: Special Occasion Permit. The communication requests a special occasion permit for the non-profit slo-pitch tournament to be held on June 22nd and 23rd, 1985, at Palmet Park. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the request be granted subject to approval of other authorities. Carried Unapimously, No. 163 - John Tennier Dance Chairman, Citizens Group for Ronald - Re: pecial Occasion Permit. The communication McDonald House requests a special occasion permit for a dance to be held on Sunday June 16th, 1985, at the Optimist Mall. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the request be granted subject to approval of other authorities. Carried Unanimousix· No. 164 - Niagara Falls Review - Re: Special Occasion Permit. The communication requests a special occasion permit for the Fourth Annual Niagara Falls Review Media Slo-Pitch Tournament to be held on August 24th and 25th, 1985, at Houck and Palmet Parks. ORDERED on the motion of Alderman Cummings, seconded by Aldermen Hinsperger, that the request be approved subject to approval of other authorities. Carried Unanimously. No. 165 - Charles Wood Realtor - Re| Chippawn Business Association Requesting Council'8 Approval to Use CumminSton Square. The communication requests Council's approval to use Gummington Square in Chippawn for a flea market on Saturday June 22rid, 1985. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the request be granted. Carried Unanimously. No. 166 - Stamford Kiwanis Non-Profit Homes Inc. - Re: City Owned Property - Buckley Ave. & Simcoe St. The commu~cation advises that Stamford Kiwanis Non-Profit Homes Inc. have been informed by Canada Mortgage and Housing Corporation, that their application for the allocation of 32 units on the above mentioned property, under Section 56,1 of the Social Housing Program, has not been accepted at this time. Mayor Smeaton informed Council that he had contacted Central Mortgage and Rousing in St. Catharines and that it was explained that Stamford Kiwanis did not submit all criteria that was requested. Mayor Smeaton stated that he had contacted Mr, Rob Nicholson, M.P., with regard to what happened. Alderman Chessman suggested that perhaps in the future organizations should find out what criteria be submitted, and if they cannot obtain the City will assist them. The Chief Administrative Officer stated that he would like the Stamford Kiwanis Non-Profit Homes Inc. to be contacted to see how long they would like their offer extended. The Chief Administrative Officer said that he would meet with the club, and inform them that Council is enthusiastic about this program, Alderman Puttick asked if Council could commit themselves past the forthcomin~ election. The City Solicitor advised that since this is not a future expenditure, Council would not be committing themselves. -4- ORDERED on the motion of Alderman CumnELngs, seconded by Alderman Cheesmsn~ that the commuuication be received and filed, that a copy of the communication be forwarded to the Social Planning Council, that the Chief Administrative Officer prepare a report'for Council regarding this matter, and that a letter of encouragement be forwarded to the Stamford Kiwanis Non-Profit Homes Inc., indicating that the City will be of assistance to them. Carried Unanimously. No. 167 - Kiwanis Club of Stamford Inc. - Re: Resolution to Kiwanis International regarding Euvironment in Ontario, Canada and the World. The cou~un~catlon advises that a resolution regarding the current status of the environment in Ontario, in Canada and throughout the World, was submitted to the Resolution Comittee of Kiwanis laternational. Mayor Smeaton seated that he had been contacted by Mr. Mac McCla~y and Mr. McClary stated that this resolution will be going to The Kiwanis International Convention. ORDERED on the motion of Alderman Cummings, seconded by A~derman Baker, that the communication be received and filed and that a resolution of thanks be forwarded to the Kiwanis Club of Stamford Inc. Carried Unanimously. No. 168 - Order of Sons of Italy of Ontario - Re: Request to Fly the Italian Flag on June let, 1~, in Front of City Hall, The communication requests permission to raise the Italian Flag in front of the City Hall on Saturday June 1st, 1985. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coyills, that the request be granted. Carried Unanimously. Social Planning Council - Re: Alzheimer*s Disease. Mayor Smeaton stated that this matter would be deleted for one week. REPORTS No, 246 - Chief Administrative Officer - Re: 1985 Operating Budgets and Tax Rates, The report recommends that: 1. Council pass the following by-laws appearing on this evening's agenda, (a) A by-law to provide for the appropriations for the year 1985, (b) A by-law to fix the rates of taxation for 1985 and to provide for the levying of taxes. (c) A by-law to provide for the collection of taxes for the year 1985. 2. That Council adopt the 1985 estimates inclusive of the Regional and education levies, Alderman Chessman presented the 1985 Operating Budgets and Tax Rates. Aldermen Keighan declared a conflict of interest on the Y.M.C,A';' budget because a family member is involved. Alderman Rinsperger declared a confiict of interest on the Y.M.C.A, budget because his company does work for the Y.M.C.A. Aldermun Kerrio declared a conflict of interest on the Niagara Fromotion Association budget and the Niagara Falls Canada Visitor and Convention Bureau budget because he purchased property in the tourist area. Alderman Cummings declared a conflict of interest on section grants equal to taxes because he is a mumbar of the Stamford Centre Volunteer Fire Department, Aldermun Cheesmun declared a conflict of interest on the Social Piannin8 Council budget because his son may be employed by the Social Planning Council. Following further discussion, it was ORDERED on the motion of Alderman Cheesmun, seconded by Alderman Kerrio, that the report be received and adopted. The motion Carried with Aldermen Keighan, Hinsperger, Kerrio, Cummings and Chessman abstaining from the vote on certain sections of the report on conflicts of interest as previously recorded, Aldermen Cumings and Merrett voting Uontrar~ to the Economic Development Agency section of the budget, Alderman Janvary voting contrary to the Niagara Falls ~anada Visitor and Convention Bureau budget and the grants equal to taxes, Alderman Coyills voting contrary to the Niagara Falls Women in Crisis · section, Hayor Smeaton, Aldermen Chessman and Janvary voting contrary to the denial of the Niagara Symphony ReQuest, Aldermen Cummings, Coville and Keighen voting contrary to $X,O00 being provided to the Niagara Grape and Mine Festival Aldermen Cummings, Coyills and Orr voting contrary to the spending of ~{00,000 on the changing of fluorescent lights to sodium yapour, Aldermen Keighnn, Coyills and err vetin contrary to $30,000 being . pieced in the budget for the Niagara Falls Canada Visitor and Convention Bureau, and Alderman Puttick voting contrary to the 1985 budget. · See By-law Numbers 85-93, 85-94 and 85-95. - 5 - No. 247 - Chief Administrative Officer - Re: 1985 Water Rate By-law. The report recommends that Council adopt the by-law appearing on this eveningts agenda to set the water rates for 1985. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Coville, No. 248 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $6,664,295.43 for the two week period ending May 27th, 1985, be approved by the passing of the by-law appearing later on the agenda- Alderman Cummings declared a conflict of interest on Cheques No. 8593 and 8718 because a member of his family is involved, Alderman Hinsperger declared a conflict of interest on Cheques No. 8558 and 8570 because he is employed by the company- Alderman Merrett declared a conflict of interest on Cheque No. 8738 because his firm is a member of the Insurance Brokers Association. Additional information was provided on Cheques No. 8653, 8667, 8753, and 8627. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Baker, that the report be received and adopted. The motion Carried with Aldermen Cummings, Ninsperger, and Herrerr, abstaining from th~ ~ote on Cheques No. 8593, 8718, 8558, 8570, and 8738, consecutively. as previously recorded, and all others voting in favour. See Byelaw Nq' 85-106. No. 249 - Chief Administrative Officer - Re: The Buildings and Inspections Department Report for April 1985. The report is the monthly report for April, 1985. The report is intended primarily to provide City Council with current news relative to permit statistics... development proposals...and any other noteworthy data that has emerged during the period covered by the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hineperger, that the report be received and filed. Ca[tied ~nan~mously. No. 250 - Chief Administrative Officer - Re: Cash in Lieu Agreement Between The Corporation of the City ot Niagara Falls and Henry A. Swain, 4691 Ontario Avenue. The report recommends that Council pass the by-law on tonight's agenda authorizing the cash-in-lieu agreement with Henry A. Swain for the above referenced property. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hineperger, that the report be received and adopted. No. 251 - Chief Administrative Officer - Re: Ontario Neighbourhood Improvement Program (O.N.1.P.) tot ~hippawa. The report recommends that the $250,000 funding allocated to the City of Niagara Palls from the Ministry of Municipal Affairs and Housing be allotted to Chippawa for the completion of the re-development area. ORDERED on the motion of Alderman Baker, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimoual~.. No. 252 - Chief Administrative Officer - Re: Site Plan Approval, Proposed Commercial Development, Thorold Stone Road and Drummond Road, (s/w corner). The report recommends that the Council approve the site plans on display at tonight~s meeting, being a proposed commercial development, and the site plan being drawing number A-1 dated April 26th, 1985 as revised, and the site servicing plan being drawing number S1 dated May 1985, and filed with the Buildings and Inspections h Department of the City of Niagara Falls on May 27th, 1985, and t at such approval be subject to the followin~ conditions; n) That the owner be required to provide to the satisfaction of .and at no expense to the Corporation of the City of Niagara Falls (the City) the following facilities and works shown on the said site plan. 1. Two access ramps to provide ingress and egress between the property and Thorold Stone Road and one access ramp to provide ingress and egress between the property and Drummond Road which shall be in the location and of the width shown on the site plan together with the curhinge shown on the site plan. 2. 35 off-street parking spaces and the access driveways, ell having dimensions and being in the locations shown on the site plan and which shall be surfaced with hot mix asphalt or approved equivalent, together with all of the curbings shown on the site plan. 3. Concrete sidewalks of the dimensions and in the locations shown on the site-plan. 4. Any facilities for lighting including floodlighting, shall be installed and maintained so that the light is deflected away from adjacent residential or institutional districts or uses and away from traffic or adJoinin~ roadways· 5. The fence, shrubs and other landscaping of the types and in the locations shown on the site plan to be constructed- 6. The facilities for the storage of garbage and other waste material in the location shown on the site plan, which shall be surfaced with concrete or asphalt to be constructed. 7. Such grading or alterations in elevation as shall be necessary to provide the elevations on the site servicing plan together with all of the facilities and works for the disposal of storm, surface and waste water shown on the site servicing plan. b) and that the owner be required to maintain to the satisfaction of the City and at the sole risk and expense of the owner the facilities or works mentioned in paragraphs 1, 2, 3, 4, 5, 6 and 7 of clause (a) above, including the removal of snow from access ramps and driveways, parking and loading areas and walkways- c) and further that the owner be required to enter into a site plan agreement with the City dealin~ with the facilities works and matters enumerated above. Alderman Cummings stated that he felt there should have been some kind of contact with the people of the area regarding the site plan and said that residents of the area were in attendance. The Director of Buildings and Inspections said that the land was zoned commercial in 1979 and the requirements placed on the land at that time still apply. Alderman C-mmtnge felt that one concern is the ingress and egress to the property. Alderman Puttick inquired whether the owner will operate the business or lease The Developer stated that the property would be leased and that the corner area of the property will be landscaped. The Director of Buildings and Inspections stated that the owner can only control his property and not the small portion that belongs to the Region. Alderman Janvary requested that site plans be part of the ageads material so that the Aldermen can view them before the Council meeting. Alderman Puttick stated that he felt there will be a problem with parking in the area· Alderman Cummings said that he would like the developer to meet with the people and discuss the matter and perhaps the meeting ~ould be co-ordinated through Mr, Caswell who will inform the people in the area· OKDEBXD on the motion of Alderman Cummings, seconded by Alderman Keighan, that the report be tabled for one week. The marion Carried with Aldermen Puttick and Coyills votin~ contrary, and all other v[n fayour. No. 253 - Chief Administrative Officer - Re: Contract S.R. 5-85 - 1985 Sidewalk Repairs. The report reconnnende that the unit prices submitted by the low tendeter, Stephens & Rankin Inc. he accepted and that the by-law appearing on tonight's ageads be passed. ORDERED on the marion of Alderman Janvary~ seconded by Alderman Herrerr, that the report be received and adopted. Carried Unanimously. · gee Resolution No. See By-law No. 8)-100. No. 254 - Chief Administrative Officer - Re: Contract A.C. 8-85 - 1985 Hot Mix Asphalt Overlays. The report recommends that the unit rites submitted by Northland Bitulithic Limited for Contract A.C. 8-82 be accepted by Council, and that the by-law appearing on tonight's ngenda be passed. ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerriot that the report be received and adopted. Carried Unanimously. ~ee Resolution No· See By-law NO. 85-101. No. 255 - Chief Administrative Officer - Rez Contract S.T. 7-85 - Surface Treatment oi aoads. The report recommends that the unit prices Submitted by NorJohn Contracting Ltd.t for ~h· above contract, be -7- accepted and that the by-law appearing on tonight's agenda be passed, ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerris, that the report be received and adopted. Carried Unanimouslyt See ResSldtion No. 35. See'By-Iaw ~o. No. 256 - Chief Administrative Officer - Re: Public Laneway between Buckley Avenue and St. Lawrence Avenue. The report recommends that a no-standing zone be established on the public laneway located at the rear of the properties on the south side of Queen Street from St. Lawrence Avenue to Buckley Avenue for the full width of this laneway from the westerly limit of the roadway on St. Lawrence Avenue westerly for a distance of 36 metroe (118 feet). Communication No. 169 - Re: No Standing or Parking Signs on Laneway. The communication states that it is impossible for representatives from Farr Lumber to attend tonight's Council meeting and requests a postponement. Mr. Greco addressed Council stating that Mr. Farr stockpiles wood that will be needed in the spring in the laneway. Mr. Greco expressed many concerns and felt that emergency vehicles would not be able to enter the laneway because it is blocked. Following further discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Kerrio, that the report be received and filed and that Mr- Farr be notified when the By-law is coming to Council. The motion Carried. with Alderman Merrett voting contrary, and all others voting in fayour, No. 257 - Chief Administrative Officer - Re: Repair to Water Department Crane - Truck Wl)O. The report recommends that staff be authorized to purchase the necessary replacement units of a crew cab and utility body for the crane truck ~150 for Water Department. The purchase be made from Wilcox Bodies Limited, Mississauga, Ontario, for the total amount of Sixteen Thousand, Pour Hundred and Thirty-Five Dollars ($16,435.00) plus all necessary F.S.T. and P.S.T. as required. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hineperger, that the report be received and adopted. Carried U. nanimeusl~.. No. 258 - Chief Administrative Officer - Re: Maintenance of Athletic Fields, The report recommends that this report be received and filed for information- ORDERED on the motion of Alderman Kettle, seconded by Alderman Coyills, that the report be received and adopted. Carried.'U.fiahimous.17.. No. 259 - Alderman Dona Coyills - Re: OWMC's Exemption from The Environmental Assessment Act and the Court Decision on Milton's Action Against OWMC. The report recommends: 1. That the letter to the Premier from the Mayor (as directed by Council on 1985 04 15) be reconsidered. 2. That the report be received and filed for information. ORDERED on the motion of Alderman Coyills, seconded by Alderman Keighan, that the report be received and adopted. Carried Unanimqusl~. No. 260 - Alderman Done Coyills - Re: Symposium on Environmental Health Risks. The report recommends that the Council approve the expenditure of $310.00 for registration and expenses to send one member of the Hazardous Waste Research Team to this symposium. ORDERED on the motion of Alderman Janvary, seconded by Alderman Baker, that the report be received and adopted. Carried Unan. imousl~.. No. 261 - Alderman Dons Coyills - Re: OWHC Meeting on Facility Design. The report recommends that the attached report be received and filed for information. ORDERED on the motion of Alderman Kerrlos seconded by Alderman Coyills, that the report be received and filed· Carried Unanimously. No. 262 - Chief Administrative Officer - Re: C.A.I.P. 3: Formation of a Clifton Hill Improvements Steering Committee. The report recommends: 1. That the membership of a Clifton Hill Improvements Steering Committee with membership from Council and the Clifton Hill B.I.A. be formslated by Mayor Smeaton and be brought back to Council for enderection. That the Clifton Hill Technical Committee commence preparation of an appropriate Clifton Hill Community Improvement' Project Area By- law and Improvement Plan for the purpose of implementinS the Province'e 1985/86 Commercial Area Improvement Program (C.A.I.P. 3). -8- ORDERED on the motion of Alderman Kerrin, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously, No. 263 - Chief Administrative Officer - Re: C.W. Palmet Park. The report recommends that approval be given for the By-law appearing on tonight*s ageads to authorize an agreement between the City of Niagara Falls and the Optimist Club of Niagara Falls Incorporated, ORDERED on the motion of Alderman Kerrin, seconded by Alderman Hinsperger, No, 264 - Chief Administrative Officer - Re: Recreation Master Plan. The report recommends that the Recreation Master Plan Update revised recommendation in the attached Executive Report be approved, ORDERED on the motion of Alderman Puttick, seconded by Alderman Kerrin, that the report be tabled for two weeks. Carried Unanimously. No, 265 - Chief Administrative Officer - Re: Agreement with Mariner Iuter-County~Baseball Team. The report recommends that Council pass the by-law appearing on tonight's agenda authorizing the execution of an agreement with the Mariner Inter-County Baseball Team for the use of Oakes Park. ORDERED on the motion of Alderman Cu=mings, seconded by Alderman Hinaperger, that the report be received and adopted. No. 266 - Chief Admiuistrative Officer - Re: Pool Chemicals, The report recommeuds that approval be given to place au order with Flexo Products Limited of Niagara Falls for the purchase of chloriue for the operation of the City swimming pools· The cost for this order is approximately SIn,000.00 which has been included in the 1985 pool budgets, ORDERED on the motion of Alderman Kerrin, seconded by Alderman Coville, that the report be received and adopted, Carried Unanimously. No. 267 - Chief kdmiuistrative Officer - Re; Sandblasting Stamford Centre Volunteer [iremen'a 4ool and Wading Pool. The report recommends that approval be given to request Kan-Du Pools of Niagara Falls to complet? the necessary work to sandblast Stamford Centre Volunteer Firemen 8 Pool and the adjoining wading pool. ORDERED on the motion of Alderman Cbeesmau, seconded by Alderman Kerrin, that the report be received and adopted. Carried Unanimously. No, 268 - Recreation Commission - Re: Summer Ice Schedule- The report recommends that the attached schedule for the use of summer ice hours at Stamford Memorial Arena be approved by City Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrin, that the report be received and adopted, Carried Unanimously· No, 269 - Chief Administrative Officer - Ks: Attendance at A,M,O, ' Conference. The report recommeude that one member of Council and one member of staff be authorized to attend the Association of Municipalities of Ontario Conference to be held in Ottawa from August 25th to 28th, 1985, Alderman Janvary requested to see the ageads for the conference, ORDEBED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be tabled for one week until more information is received, Carried Unanimously, No, 2FO - Chief Administrative Officer - Re: Weaver Homestead and Lots 15 and 18~ Registered P~an N,S,-Z~, The report recommends| l, That Council approve the extension for a period of six year8 of the right of first refusal granted to the o~nera of the Weaver Homestead located on Lot 18, Registered Plan N,S,-25 to purchase City-o~ned Lot 15~ Registered Plan N,S,-2~ at its appraised .market value subject to compliance with the other provisions in the subdividerag agreement dated Pebruary 22nd~ 1973 ~eSarding the ~se of both Iota, 2. That Council pass th~ by-law listed on tonight's a~enda to authorize an agreement providing for such extension. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, t~at the report be received and adopted. Carried Unanimousl ', . ' " ' See Byelaw No, 8~8. No. 271 - Chief Administrative Officer - Re: Licensin~ of Pedicabs. The report recommends C~at the Niagara Regional Board of Commissioners of Police be notified that the City of Niagara Fails will not be in fayour of the litchainS of pedicabs in the Municipality unless the Commission and the Regional Municipality of Niagara a ow Nla8ara Parks 11 Chair operation on those toadways under the Jurisdiction of .the Parks Commission and the Region, ORDERED on the motion of Alderman theeamen, S~conded by Alderman Puttick, that the City of Niagara Palls decline approval of the licensiug of pedicabs and that the Niagara Parks Commission and Regional Municipality of Niagara be informed of City Council's decision. Carried Unanimously.% No. 272 - Chief Administrative Officer - Re: Request to Purchase Part of N.S. & T. Right-of-Way. The report recommends that the Municipality not consider selling a portion of the former N.S. & T. right-of-way located east of Moatrose Road, south of Daltons Nursery. ORDERED on the motion of Alderman Kerrin, seconded by Alderman Keighan, that the report be received and adopted. Carried Unan~mouslX· No. 2F3 - Chief Administrative Officer - Re: Appointment to Transit Commission. The report recommends that Couucil appoint a representative to the Transit Commission to fill the unexpired term of the late Mr. George Mowers. Alderman Jauvary inquired whether or not more information regarding what the duties would entail could be placed in the advertisemeut. Mayor Smeaton stated that a report will be submitted to Council outlining what happened last time. Aldermau Chessman stated that the date of the public meeting when the appointment will be made should also be placed in the advertisement- ORDERED on the motion of Alderman Merrett, secouded by Alderman Hinsperger, that an advertisement be placed in the local newspaper regarding the position available on the Niagara Transit Commission and that the duties of the position he included and the date of the Council meeting when the appointment will be made. Carried Unanimously. ORDERED oa the motion of Alderman Puttick, seconded by Alderman Cummings, that the appointment of a representative to the Transit Commisetou be done by ballot. Carried Uuauimously. No. 274 - Chief Administrative Officer - Re: Tourist Establishment Signs cud Relereace to Prices Charged for Accommodation. The report recommends that Staff be requested to review the provisions of by-law 524~, 1955 and submit to Council recommendations to remove the contra- dictions that presently appear therein. Alderman Kerrin declared a conflict of interest because he has a business in the tourist industry. ORDERED on the motion of Alderman Baker, seconded by Alderman Janvary, that the report be received and adopted. The motion Carried with Alderman Kerrin abstaining from the vote oU a conflict o~st as previously recordeds and all others votin~ in fayour. No. 275 - Chief Administrative Officer - Ks: Provincial Offsates Act. The report recommends: 1. That this report be received and filed for the iuformation of Council; 2. That the City continue to utilize the procedure set out under Part llI of the Provincial Offsates Act for the laying of charges against persons illegally operating auto-body shops in residentislly zoned areas contrary to the City's Zoning By-law rather than utilizing the procedure set out under Part I of the Act for such an offonce. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimous. iX.' No. 276 - Chief Administrative Officer - Re: Closing of part of LaMatab Drive~ according to Registered Plan 183 for the former Township of Stamford under Section 82 of the Registry Act and Sale Thereof to Giuseppe Settanni and Nancy Betfermi. The report recommends that Council pass: 1. the by-law appearing on tonight's agenda to authorize an agreement with Gtuseppe Settanni and Nancy Ann Settani, and Caroline Justins Mottolo respecting the sale of part of LaHarsh Drive according to Registered Plan No. 183 for the former Township of Stamford; 2. the by-law that appears on tonight's ageadd to authorize an application for the closin~ of part of LaMatab Drive; 3. the resolution appearing on tonight*e ageadd to authorize an application to the Minister of Housing for consent to an Order being made amending Registered Plan No. 183 for the former Township of Stamford. ORDERED on the motion of Alderman Cheesmans seconded by Alderman Keighan, i that the report be received and adopted, Carried Unan mously. Bee By'ldw Numbers 83-103 and 85~104 & Resolution No, 37. .% - i0 - No. 277 - Alderman Paisley Janvary - Re: Free Swimming. The report recommends that City Council agree to free swimming st the four Municipal Pools on Monday, July 1st as part of the celebrations planned for Canada's llSth Birthday. ORDERED on the motion of Alderman Cummings, seconded by Alderman Herrerr, that the report be received and adopted. Carried Unanimously, No. 278 - Alderman Paisley Janvary - Re: Canada Week Celebrations - Proclamation. The report recommends that Council approve of the printing of the proclamation in the local newspaper, respecting events to be held from June 29th to July 1st, 1985, to henour Canada's llSth birthday. ORDERED on the motion of Aiderman Janvary, seconded by Alderman Cummings, that the report be received and adopted. 'Carried Unanimously. RESOLUTIONS No. 33 - JANVARY - MERRETT - RESOLVED that the unit prices submitted by the low tendeter, Stephens & Rankle Inc,, for Contract S.R. 5-85 - 1985 Sidewalk Repairs, in the amount of $97,991.50 be accepted by Council. AND the Seal of the Corporation be hereto affixed. Carried Unanimously, No. 34 - CHEESMAN - KERRIO - RESOLVED that the unit prices submitted by the low tendeter, Northland Bitultthic Limited, for Contract A.C. 8-85 - 1985 Hot Mix Asphalt Overlays, in the amount of $88,594.28 be accepted by Council. AND the Seal of the Corporation be hereto affixed. Carried Unanimously, No. 35 - CHEESMAN - KERRIO - RESOLVED that the unit prices submitted by the low tendeter, Nor]she Contracting Ltd., for Contract S.T. 7-85 - Surface Treatment of Roads. in the amount of $138,383.50 be accepted by Council. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 36 - JANVARY - MERRETT - RESOLVED that a message of condolence be forwarded to the family o~ the late Mr. George H. Mowers, the first and only Chairman of the Greater Niagara Transit Commission, a former Alderman, and a highly respected member of the community. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 37 - CREESMAN - HINSPERGER - RESOLVED that pursuant to subsection 3 of section BZ of the Registry Acts R.S.O. 1980, Chapter 445, the Minister of Housing be requested to consent to an Order being made' amending the plan of subdivision registered in the Land Registry Office for the Registry Division of the County of Welland, now Niagara South, on the 31st day of May, 1954 as Plan No. 183 for the former Township of Stamford, by permanently closing that part of LaMsrsh Drive (formerly St. James Avenue) lying south of the southerly limit of Burdette Drive, as shown on the said plan, AND the Seal of the Corporation be hereto affixed. t Carried Unanimously. BY-LAW~ ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that leave be granted to introduce the following by-laws, and the by-laws be rend a first time: 1. 85-93 - To provide for the appropriations for the year 1985. 2. 85-94 - To fix the rate of taxation for 1985 and to provide for the levying of taxes. 3. 85-95 - To provide ~or the collection of taxes for the year 1985. 4, ~5-96 - To amend By-law 75-20 as amended to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of water rates. 5. 85-~7 - To authorize an agreement with the Optimist Club of Niagara ' Falls Incorporated respecting the use of C.W. Palmar Park · for slo-pitch baseball. - 11 - 6. 85-98 - To authorize an agreement with Fred G. Bull and Eleanor ' · ' J. Bull respecting.the Weaver Romestead and Lots 15 and 18 in Registered Plan N.8.-25. 7. 85-99 To authorize the execution of an agreement with NorJohn Contracting Limited for surface treatment of roads. 8. 85-100 - To authorize the execution of an agreement with Stephens ~ and Rankin Inc. for 1985 sidewalk repairs. 9. 85-101 - To authorize the execution of an agreement with Northland ' Bitulithic Limited for 1985 hot mix asphalt overlays- 10. 85-102 - To authorize the execution of an agreement with Henry A. ' ' Swain respecting parking facilities- 11. 85-103 - To authorize an application for the closing of part of LaMarsh Drive on Registered Plan 183 for the former Township of Stamford- 12. 85-104 - To authorize an agreement with Giuseppe Settanni and Nancy Ann Settanni and Caroline Justins Motrole respecting the sale of part of LaMarsh Drive. 13. 85-105 - To authorize an agreement with the Niagara Falls Mariners --- Baseball Club, 14. 85-.1R - To provide monies for general purposes. 15. 85-107 - To authorize the execution of an agreement with Dr. Allan ' ' Yade and Donna Yade. The motion Carried with Aldermen Cummings, Hinsperger, and Merrett , 87 abstaining fred 'e~e vote on Cheques No. 8593, 8718, 8558 8570, and 38, consecutively on conflicts of interest on By-law No. 85-106 as previously recorded, Alderman Puttick voting contrary to By-law No. 85-94, and all others voting in layout. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the following by-laws be now read a second and third time: 1. 85-93. - To provide for the appropriations for the year 1985. 2. 85-9~ - To fix the rate of taxation for the 1985 and to provide for the levying of taxes. 3. 85-95 To provide for the collection of taxes for the year 1985. ,,4. 85-96 - To amend By-law 75-20 as amended to regulate the supply of water and to provide for the maintenance and management of · ~.. ,~. ~ ~., ,the waterworks and for the imposition and collection of 5. 85-97 - To authorize an agreement with the Optimist Club of Niagara ' Falls Incorporated respecting the use of C.W- Palmar Park for sis-pitch baseball, 6. 85-98 - To authorize an agreement with Fred G. Bull and Eleanor " J. Bull respecting the Weaver Romestead and Lots 15 and 18 in Registered Plan N.8.-25. 7. 85-99 To authorize the execution of an agreement with Nor]she " Contracting Limited for surface treatment of roads. 8. 85-100 - To authorize the execution of an agreement with Stephens ' and Rankin Inc, for 1985 sidewalk repairs. 9, 85-101 - To authorize the execution of an agreement with Northland Bitulithic Limited for 1985 hot mix asphalt overlays. 10. 85-102 - To authorize the execution of an agreement with Henry A. "" Swain respecting parking facilities. ll. 85-103 - To authorize an application for the closing of part of " LaMarsh Drive on Registered Plan 183 for the former Township of Stamford. 12. 85-104 - To authorize an agreement with Giuseppe Settanni and Nancy " ' Ann Settanni and Caroline Justins Motrole respecting the sale of part of LaMarsh Drive. 13. 85-105 - To authorize an agreement with the Niagara Falls Mariners .... Baseball Club, 14. 85-106 - To provide monies for general purposes, - 12 - 15. 85-107- To authorize the execution of an agreement with Dr. Allan Yade and Donna Yade. The motion Carried with Aldermen Cummings Hinsperger, and Merrett abstainingt~e vote on Cheques No. 8593, 8718, 8558, 8570, and 8738 consecutively on conflicts of interest on By-law No. 85-106 as previously recorded, Alderman Puttick voting contrary to By-law No. 84-94s and all others voting in favouro NEW BUSINESS Communication No, 170 - Thomas"Prueand Jd~e'~"Jo~ S'Re: Niagara Fakls Ontario Ratepayers and Consumers Protection ~roup. The City Clerk read a letter received from Thomas Prue and Joseph Joy, informing Council that on May 22nd, 1985, an organization was formed under the name of Niagara Falls Ontario Ratepayer8 and Consumers Protection Group. SITE PLAN APPROVAL Alderman Cummings requested that the City Clerk forward a copy of the site plan approval regarding the proposed commercial development on Thorold Stone Road and Drummond Road (s/w corner) to Mr, Caswell who lives on Elberta Street. MEETING WITH REGION REGARDING DISPOSAL OF SLUDGE Alderman Baker inquired whether City Council would be meeting with the Region regarding the disposal of sludge. The City Clerk stated that this would be on the a~enda for the next Council meeting. RECREATION MASTER PLAN The City Clerk requested that members of Council bring their copies of the Recreation Master Plan to the next meeting. It was moved by Alderman seconded by Alderman Cummingd, that the meeting adjourn. BEAD AND ADOPTED, ~ILLIAM TWENTIETH MEETING Council Chambers June 3, 1985 Council met on Monday, June 3rd, 1985, at 7:30 p.m. for the purpose of considering general business- All members of Council were present. His Worship Mayor Smeatou presided as Chairman. Alderman Kerrio offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger that the minutes of the meeting held May 27th, 1985 be adopted as printed. Carried Unanimously. UNFINISHED BUSINESS TESTING AFFLUENTS FROM POLLUTION CONTROL PLANT In response to Council's request to the Regional Municipality of Niagara regarding the testing of affluents for PCB's emitting from the Pollution Control Plant~ Mr. Stan Pettit, Chairman of the Regional Public Works Committee; Mr. Con Eidt, Director of Engineering, and Mr. Mel Holenski, Projects Division Engineer for the Regional Municipality of Niagara; and Mr. Dave Crump from the Ministry of the Environment artended the meeting. Mr, Pettit reviewed the results of testing by the Region, in terms of PCB concentration in dry weight, from pollution control plants in various locations throughout the Regional Municipality of Niagara. He replied to guestions raised regardinE the spreading of sludge on farmlands in the area on a contractural basis through the tender process. Mr. Con Eidt discussed the tests for toxics and heavy metals, as well as the time required for the tests, and referred to guidelines set by the Frovines- Me replied to concerns raised and advised that the Ministry of the Environment and Ministry of Agriculture & Food are responsible for the testin~ of residue in sludge being spread on local farmlands. Mr. Eidt advised, however, that he would make a recommendation to the Regional Public Works Committee that tests be taken for PCB's and other chemicals when identified- Me further advised that no action is permitted which could be considered harmful or detrimental, and that sludge is diverted if a problem is suspected. Mr. Eidt discussed the costs of various methods of pollution control* Mr. Mel Molenski replied to questions raised regarding the testing of affluents, spreading of sludge on farmlands in the areas and crops grown on the subject lands. He referred to the guidelines concerning metals, PCB's, and other chemicals. Mr. Holenski presented a sketch of a proposed site for a lagoon to be located in the area of the Chippaws Creek Road as an extension to the Niagara Falls Pollution Control Plant, stated that the permission of home- owners would be required to enter the land, discussed zoning requirements, and further stated that a Public Hearing would be scheduled subsequent to investigation of the subject land for the stated purpose. In response to questions raised Mr. Dave trump discussed the guidelines concerning limitations for animals grazing on lands where sludge spreading has occurred- He referred to testlugs by the Ministry of Agriculture & Food since the early 1970's and stated that the Ministry is satisfied, and further, that the previously discussed milk contamination may have occurred through proximity to electrical farm equipment or during transportation. His Worship Mayor 8meaton suggested that interested residents in attendance might wish to discuss concerns, with the officials present, after the meeting. Regional Councillor E, Sherat expressed his appreciation of the information received, and was advised by Mr. Eidt that the Region did not have the facilities for VCB testing but anticipated advice from the Ministry of the Environment with regard to requirements for future testing facilities, His Worship Mayor 8meaton expressed the appreciation of Council respecting the response to the request for information concerning the subject matter. ,.~,'..'r' -2- ENVIRONMENT WEEK JUNE 2 TO 8, 1985 - WETLANDS AWARENESS Mr. Daryl Cowell from the Ontario Region of Environment Canada, and Mr. Dale Ferns representing the Ontario Federation of Agriculture artended the meeting to discuss Wetlands Awareness. Mr. Cowell discussed the declining presence of wetlands in Ontario, the value of wetlands in terms of education, economics, protection, recreational uses, wildlife habitation, hydrogeological functions, erosion buffers as well as sediment and chemical traps. He responded to questions raised with regard to the "recapturing" or "substitution" of wetlands, the need for public education and support, land use and zoning, and disucssed "Federal policy" and "Provincial guidelines". Mr. Dale Ferns, Ontario Federation of Agriculture, expressed agreement with the need to protect wetlands, but was concerned with the guidelines to be imple- mented and the lack of policies in the guidelines as well as solutions to the problems. He stated that the Federation is opposed to the Ministry of Natural Resources~ plan and seeks assurance that agriculture will not be affected~ and that land owners would not be responsible for additional costs. The Planning Director discussed the guidelines of the Province of Ontario with respect to the subject, and the reports forwarded to the Province outlining the position of the City of Niagara Falls. Miss Jean Grandoni was granted permission to address Council on the motion of Alderman Chessman, seconded by Alderman Baker. She discussed the reduction of agricultural lands through urban development~ as well as the efforts of local residents to preserve urban area boundaries and lands downstream. Mr. Jim Hasler. President of P.A.L.S., was granted permission to address Council on the motion of Alderman Coyills, seconded by Alderman Chessman. He discussed efforts made to preserve the wetlands, and suggested the designation of creek property as parkland which could preserved as wetland. Further discussion followed and the suggestion was made that a resolution be considered at the next meeting of City Council, to be addressed at the upcoming A.M.O. Conference. His Worship ~ayor Smeaton expressed appreciation to Federal and Provincial representatives. DEPUTATION PAVENENT POUNDgaS RICKSHAW SERVICE Mr. Dean Albrecht addressed Council with the request for approval of a "Rick,haw Service" being established in the City of Niagara Falls. He distributed a folder containing information regarding this service and discussed the service in Halifax, St. John, Ottawa, Calgaryt St. Augustine, Florida, as well as its anticipated inception in Toronto. He further discussed his contacts with the Niagara Parks Commission and the Police Department. Following a discussion regarding the safety problems in connection with such a service on Clifton Hill, it was moved by Alderman Cuuunings, seconded by Alderman Hinsperger that the request be denied. Carried Unanimously. COMMUNICATIONS No. 171 - Regional Niagara Public Works Department - Re: Report DEP-2197, Water & Sewage Flows by Municipality. The communication attaches the aforementioned Monthly Report for April 1985. ORDERED on the motion of Alderman Merretts seconded by Alderman Kerrlos that the communiCatiOn be received and referred to Staff for a report concernin~ the percentage differences between St. Cathartnes and Niagara Falls. Carried Unanimously. No. 172 - Regional Niagara Office of the Clerk - Re: 911 Emergency Telephone Service. The comsunlcation attaches a report of the Regional Administrator with in!ormation concerning the 91l Emergency Telephone Service· Alderman Hineperger declared a conflict of interest because the company he is employed by has an interest in this matter, -3- ORDERED on the motion of Alderman Cummings, seconded by Alderman Coyills, that the communication be received and filed. The motion Carried with Alderman Hinsperger abstaining from the vote on a conflict of interest previously recorded and all others voting in fayour. No. 173 - The Regional Municipality of Peel - Re: 911 Telephone Service, ReSion of Peel's Application to the CRTC. The communication requests support of a re- quest that Bell be permitted to charge for 911 service by adding a charge to the monthly bills of telephone subscribers rather than by directly billing the municipality to whom the service is provided. Alderman Hinsperger declared a conflict of interest because he is employed by a company involved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the commonication be referred to the Regional 911 Committee- The motion Carried with Alderman Hinsperger abstaining from the vote on a conflict of intereAt previously recorded, and all others voting in fayour. No. 174 - Niagara Falls Public Library - Re: "Public Library Week". The communication requests that the week of September 23 to 29, 1985 be proclaimed Public Library Week in Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the request be approved subject to established policy. Carried Unanimously. No. 175 - Mr. John Brigis - Re: Proposed restaurant at Q.E.W. and Mountain Road. The communication requests permission to allow sewage from the proposed restaurant at the Q.E.W. and Mountain Road location to flow into the City sewer system. Mr. John Brigis advised that he had discussed the matter with City Staff last week. Mr. Norman Paterson, Wainmann Electric Ltd., was granted permission to address Council on behalf of Mr. Brigis on the motion of Alderman Chessman, seconded by Alderman Baker. The motion Carried with Alderman Orr opposed and all others voting in fayour. Mr. Paterson advised that it was a technical matter and suggested that a meeting be scheduled with the Municipal Works Departmast as soon as possible. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the communication be referred to Staff for consideration- Carried Unanimously- No. 176 - Council for Franco-0ntarian Affairs - Re: Promotion of Btlingualism in Ontario. The communication reviews activities to improve French-language services in Municipalities in Ontario, sad requests support. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coyills, that the communication be received and filed- Carried UnanimousiT.' No. 177 - Felix Pin,us, Multicultural Niagara Presides! - Re: Multicultural Niagara Picnic - June 141hs 1985. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Somerville, seconded by Alderman Hinsperger, that the request of Multicultural Niagara for a special occasion permit for the outdoor picnic on June 14th, 1985, on the Club Iralid grounds, Kalar Roads be approved sub'Ject to the approval of the Regional Police Department, the Niagara Falls Fire Departments the Niagara District Health Units and the Liquor LIcens- ing Board of Ontario. Carried Unanimously. No. 178 - Club Iralid - Re: Annual outdoor picnic - July 14, 1985. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the request of Club ltalia for a special occasion permit for the Annual Outdoor picnic on July 14ths 1985 at the Club Itslid on Kalar Roads be approved subject to the approval of the Regional Police Departments the Niagara Falls Fire Departments the Niagara District Health Unit, and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 179 - Canada Employment Centre for Students - Re: "Hire A Student Week". The communication requests that the week of June 23rd to 291hs 1985 be proclaimed Hire A Student Week. . . . . 4 -4- ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the request be grantad subject to established policy. Carried Unanimously. No. 180 - The Chamber of Commerce Niagara Falls, Canada - Re: Business Conduct- ing Going Out of Business Sales. The communication expresses concern regarding Going Out of Business Sales as a "tool to dump slow moving products in an area, or purely as a loss leader to attract unsuspecting patrons" and requests that City Staff be instructed to investigate the use of a by-law restricting the aforementioned action. ORDERED on the motion of Alderman Coville, seconded by Alderman Cu~nnings, that the communication be received and referred to Staff for a report. Carried Unanimously. No. 181 - The Chamber of Commerce Niagara Falls, Canada - Re: Market Value Assessment. The communication requests that the Municipality petition the new Provincial Government to establish actual market value assessment uniformly across the Province as soon as possible. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the communication be received and filed, and further that Mayor Smeaton draft a letter outlining the concerns of the Municipality, to be forwarded to the Provincial Government at the appropriate time. Carried Unanimously. No. 182 - Ontario Waste Management Corporation - Re: Candidate Site LF-2N. The communication advises that the aforementioned site in Mtssissauga has been eliminated from further consideration as a possible site for OWMC's liquid industrial waste treatment and disposal facilities, attaches a copy of the press release and technical report~ and advises that the selection of a preferred site or sites is anticipated for the Fall of 1985. ORDERED on the motion of Alderman Kerrlo, seconded by Alderman Coyills, that the communication be referred to the Waste Management Steering Committees and a copy forwarded to the Regional Municipality of Niagara for information. Carried Unanimously. No. 183 - Social Planning Council - Re: Alzheimer's Disease Study Report. The communication discusses the aforementioned report and attaches copies of recommendations to the Ministry of Health, Ministry of Community & Social Services, Niagara Regional Health Services Department, the City of Niagara Palls, and the Niagara Regional Alzheimer's Society. Mrs. Cathy Christopher, Secretary of the Board, Social Planning CoAAncil discussed the specific care required by Alzheimer'e patiostag excluding them from programs designed for senior citizens. She stated that there is a need for investigation into this matter. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the communication be received and the recommendations endorsed. It was further recommended that the matter be referred to the appropriate au~horities for action. Carried Unanimously. REFORT~ No. 279 - Chief Administrative Officer - Re: Site Plan ApprovaX, Proposed Commercial Development, Thorold Stone Road and Drummond Road (s/w corner)- The report recommends that the site plans as revised be approved by the Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No, 280 - Chief Administrative Officer - Proposed Boat-Plane Facility - North Side of Welland l~ver, John Belme. The report recommends that the Ministry of Natural Resources be advised that this Muatcipality has no objection to the developmast of a facility for the servicing and storage of boats and planes on the north side of the WellandRlver providing the proposal does not evolve into a commercial operation. Mr. John Balms replied to questions raised regarding the above mentioned proposed development on a lO acre parcel of property owned by him~ and the adjacent propspry owned by Mr. Lloyd Wilson. -5- Mr. Jack Stifling, a resident in the neighbourhood, expressed his concerns regarding the need to protect the marshland in the area which is inhabited by wildlife. He referred to digging and burning at the subject lands. Mrs. J. Stifling advised that City Staff had been contacted previously regarding the aforementioned concerns. The City Clerk stated that it was his understanding that the lands were to be landscaped into a parklike atmosphere with slips for boats and aircraft. The Director of Planning advised that the Niagara Peninsula Conservation Authority had commented favourably with respect to the proposal- ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, that the matter be tabled for further information. The motion Carried with the following vote: AYE: Aldermen Bakers Chessman, Hinsperger, Janvary, Keighan, Merrett, Puttick, and Somerville- NAYE: Aldermen Coyills, Cummings~ Kerrio, and Orr. No- 281 - Chief Administrative Officer - Re: Site Plan Approval, Proposed Public Garage Mechanical, 6644 Lundy'e Lane. The report recommends that the Council approve the site plan on display at touight's meeting, being a proposed public garage mechanicsis and the site plan being drawing number 1A dated May 8th, 1985, and filed with the Buildings and Inspections Department of the City of Niagara Falls on May 22nd, 1985, and that such spproval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville, that the report be received and adopted. Carried UnanimouslY. BY-LAW It was agreed that this matter be moved forward to accommodate interested residents- No. 85-115 - A by-law to amend By-law 3790, being a by-law for the regulation of traffic- Mr. Ralph Greco, 4666 Queen Street; Mr. and Mrs. Larry Farr, Farr Lumber Ltd., 4680 Queen Street; and Mr. Gabs Mallouk~ Chairman of the Downtown Board of Management, artended the Council meeting. Mr. Gabs Mallouk described Farr Lumber Ltd. ae an "anchor on Queen Street" which employs 14 full time personnel, and a major advertiser and promoter, which brings many people into the downtown area. He stated that he had visited the site at St. Lawrence and Buckley Avenues during the past week, described the subject property, and advised that the problem appeared to have been corrected. Mr. Ralph Greco reviewed the problems he has encountered with the transports being parked in the laneway while unloading at Farr Lumber Ltd. He described actions he had taken without the desired result of resolvin~ the situation. During the discussion Mr. Parr advised that at the time of unloading the trucks there was sufficient space for cars to pass in the laneway, and explained his viewpoint concerning the problem. Communications No. 184(a) & (b) - Rudy Tychynski & R.J. Music - Re: Laneway between St. Lawrence and Buckley Avenues. The communication""'~expresa opposition to any by-law which allows obstruction to and blocking the laneway. A discussion followed regarding the possibilities of amendin~ the by-law and alternative actions. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Chessman, that the communications be received and filed, and further, that the matter be tabled to the next meeting of Council to enable the City Solicitor to investigate possible amendments to the by-law. It was further recommended that Council members should visit the site. Carried Unani~ -6- REPORTS No. 282 - Chief Administrative Officer - Re: Fire Department Annual Report for the Year 1984. The report reco~mleuds that the Fire Chici'm Annual Report be received and that he be commended for his report and the excellent reputation our Department has achieved among fire fighting forces in the Province. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 283 - Chief Administrative Officer - Re: 1985 Tender for Extermination of Rats, Groundhogs, Skunks & Bees. The report recommends that the tender of P.C.O. Services Ltd. in the amount of $6,478.50 for the elimination of rats, groundhogs, skunks, a~d bees, commencing July 1, 1985, be accepted. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See Resolution No. 38. See By-law No. 85-110. No. 284 - Chief Administrative Officer - Re: 1985 Tender for the Supply & Application of Traffic Marking Paint. The report recommends that the tender of Modern ~hite Lines Ltd. in the amount of $12s951.65 for the supply and applica- tion of traffic marking paint be accepted. ORDERED on the motion of Alderman HerraCt, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See Resolution No. 39. See By-law No. 85-111. No. 285 - Chief Administrative Officer - Re: Oakes Park Baseball Diamond Stands Opening Ceremonies. The report recommends the following: 1) That the opening ceremonies for the Oakes Park Baseball Diamond Stands be held on Saturday June 15, 1985, immediately preceding the Niagara Falls Mariners home game, and 2) That the Mayor, on Behalf of City Council, invite all citizens of Niagara Palls Co participate in these opening ceremonies. His Worship Mayor Smeaton advised Chat the opening ceremonies would commence at 7:15 p.m. '- ORDERED on the motion of Aldermn Cummings, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. No. 286 - Municipal Works Committee - Re: Combination Loader/Backhoe Operator UpSradiuS Program. The report recommends that two members of Staff be authorized to attend the Combination Loader/Backhoe Operator ]~pgrading Program sponsored by the Ontario Good Roads Association in cooperation with Sheridan College. ORDERED on the motion of Alder~n Kerrio, seconded by Alderman Somerville, that the report be received and adopted. Carried Unanimously. No. 287 - Municipal Works Commitsee - Re: Parks & Cemeteries Lawn Mowers. The report recommends that one 52 inch diesel riding mower be purchased from Turf Care Products Limiteds from Markham, Ontario, at a total cost including taxes of $14,198.90; and that two 25 inch rotary mowers be purchased from Plc's Motor Clinic in Fenwick, at a total cost of $3,306.30, texes included. ORDERED on the motion of Alderman Kerrto, seconded by Alderman Somerville, that the report be raceload and adopted. Carried Unanimously. See Resolution No. 40. No. 288 - Chief Administrative Officer - Re| Zoning Amendment Am-7/83, St. George Serbian Orthodox Church, 6085 Montrose Road. The report recommends that Council approve of the By-law respecting the application of St. George Serbian Orthodox Church, ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the repor~ be received and adopted. The sotion Carried with the followin~ AYE: NAY E -7- Aldermen Baker, Chessman, Cummings, Hinsperger, Janvary, Keighan, KerrIn, Merrett, Orr, Puttick, and Somerville. Alderman Coyills. See By-law No. 85-108 and By-law No. 85-109. No. 289 - Alderman Norman Puttick - Re: Ontario Arenas Association Conference. The report advises that Alderman Norman Puttick and the Recreation Director will be attending the O.A,A.C. in Coilingwood on June 20 to 23, 1985, that a special invitation will be issued to the delegates at the Coilingwood Conference to visit Niagara Falls in 1986, and recommends that the report be received and filed. ORDERED on the motion of Alderman Coyills, seconded by Alderman Kerrin, that the report be received and adopted. Carried Unanimously. Verbal Report - Alderman Patrick Cummings - Re: Megg Nets Donation. It was reported to Council that a communiation had been received from The Niagara Palls Oldtimers Hockey League submitting a donation in the amount of $1,000.00 as the groups' collective contribution towards the cost of the new Megg Nets- His Worship Mayor Smeaton expressed appreciation of the donation and advised that he would respond to the communication- No. 289 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $281,676.93 for the one week period ending June 3, 1985, be approved by the passing of the by-law appearing later on the ageadd. Alderman Hinsperger declared a conflict of interest on Cheques No- 8791, and 8961, because he is employed with the company. Alderman Keighan declared a conflict of interest on Cheque No. 8795 because members of his family have an interest in the company. Alderman Somerville declared a conflict of interest on Cheque No. 8959 because he is a member of the Association. Additional information was provided for Cheques No. 8835, and 8855. ORDERED on the motion of Alderman Chessman, seconded by Alderman Somerville, Chat the report be received and adopted. The mation ~arri,e~ with Aldermen Hinsperger, Keighan, and Somerville abstaining from the vote on Cheques No. 8791, 8961, 8795, and 8959, consecutively, as recorded above, and all others voting in fayour. No- 290 - Chief Administrative Officer - Re: Hot Water Boiler and Storage Tanks ac Niagara South Arena. The report recommends that Conway's Plumbing, 6770 Culp Street, Niagara Falls, Ontario, install a new hot water boiler, storage tanks, rectrculating pump, and piping at their quoted price of $5,168.00. ORDERED on the motion of Alderman Somerville, seconded by Alderman Kerrin, that the report be received and adopted. Carried Unanimou~ly.. No. 291 - Chief Administrative Officer - Re: Unopened Road Allowance Between Lots 8 and 9, Concession 7, Former Township of Willoughby. The report recommends that a portion of the unopened road allowance between Lots 8 and 9, Concession 7~ of the Former Township of Willoughby be conveyed to Mr. Jean-Marie Maurice for legal and survey costs. ORDERED on the motion of Alderman Coyills, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimouslyt No- 292 - Chief Administrative Officer - Re: Extension of Offer to Purchase Municipally Owned Lands - Bucklay Avenue and SAmcos Street. The report recommends that Council authorize a one-year extension of the closing date contained in an Offer Co Purchase lands at the corner of Bucklay Avenue and Simcoe Street as received from the Stamford Kiwanis Non-Profit Homes Inc. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Hinsperger, that the report be received and adopted, Carried Unanimously. -8- RESOLUTIONS No. 38 - CHEESMAN - CU~4INGS - rESOLVED that the unit prices submitted by P,C.O. Services Ltd., for the eliminatiou of rats, grouudhogs, skunks, aud bees, commeucing July 1, 1985, be accepted at the low teudered amount of $6,478.50; AND the Seal of the Corporation be hereto affixed, Carried Unanimously, No. 39 - MERRETT - CUMMINGS - RESOLVED that the unit prices submitted by Modern White Lines Ltd. for the supply and application of traffic marking paint, be accepted at the low tendered amount of $12,951.65; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 40 - KERRIO - SOMERVILLE - RESOLVED that the unit prices submitted by Turf Care Products Limited for one 52 inch diesel riding mawer be accepted at the low tendered amount of $14,198.90; AND the unit prices submitted by Pic's Motor Clinic for two 25 inch rotary mowers be accepted at the low tendered amount of $3,306.30; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kettle, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 85-108 - A by-law to amend By-law No. 79-200, as amended. (St. George Serbian Orthodox Church). No, 85-109 - A by-law to designate an area of land in the City of Niagara Falls as a site plan control area,(As No* 85-108), No. 85-110 - A by-law to authorize the execution of an agreement with PCO Services Limited for rodent control services, No, 85-111 - A by-law to authorize the execution of an agreement with Modern White Lines Limited for the supply and application of traffic marking paint, '- No. 85-112 - A by-law to authorize the execution of an agreement with Proctor and Redfern Limited to carry out a landfill design and operations study at the Mountain Road Waste Disposal Site. No. 85-113 - A by-law to authorize the execution of a licens~ agreement with Washington Mills Limited. No. 85-114 - A by-law respecting sick leave credits, pensions and other benefits ' for employees. No. 85-115 - TABLED, No. 85-116 - A by-law to provide monies for general purposes. The motion Carried with Alderman Coville votin~ contrary on By-laws No. 85-108 and No. 85-[lderman Kefghan voting contrary on By-law No. 85-112;. Alderman Janvary abstainin~ from the vote on a conflict of interest on By-law No. 85-114 because a member of her family has an interest; Aldermen Hinsperger, Kefghan, and Somerville abstainfn~ from the vote on By-law No. 85-116 on conflicts of interest previously recorded in Report No. 289; and all' others votln~ in fayour, ORDEF, ED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the following by-laws be now read a second and third timel No. 85-108 - ~' by-law to amend By-law No. 79-200, as amended. INo. 85-109 - A by-law to designate an area of land in the City of Niajara Fails as a site plan control area, -9- No- 85-110 - A by-law to authorize the execution of an agreement with PCO Services Limited for rodent control services. No. 85-111 - A by-law to authorize the execution of an agreement with Modern White Lines Limited for the supply and application of traffic marking paint. No. 85-112 - A by-law to authorize the execution of an agreement with Proctor and Redfern Limited to carry out a landfill design and operations study at the Mountain Road Waste Disposal Site. No. 85-113 - A by-law to authorize the execution of a license agreement with ~. %~.~ashi~gtonMills Limited. No. 85-114 - A by-law respecting sick leave credits, pensions and other benefits for employees. No. 85-115 - TABLED- No. 85-116 - A by-law to provide monies for general purposes. The motion Carried with Alderman Coville voting contrary on By-laws No. 85-108 and No. 85-10~; ~lderman Keighan voting contrary on By-law No. 85-112; Alderman Janvary abstaining from the vote on By-law No. 85-114 on a conflict of interest previously recorded; Aldermen Hinsperger, Keighan, and Somerville abstaining from the vote on By-law No. 85-116 on conflicts of interest previously recorded; and all others voting in fayour. NEW BUSINESS WELCOME BACK His Worship Mayor Smeaton welcomed the Council Secretary back to Council after a lengthy absence, and stated that the substitute Secretary had given excellent service. Y.M.C.A. MUNICIPAL ADVISORY TEAM Alderman Cheesman referred to a memo recently received from the Chief Administrative Officer which provided information regarding funds requested from by the YMCA and authorized for payment by the City of Niagara Falls, TORNADO DISASTER IN ONTARIO Alderman Chessman referred to the recent Tornado which had crossed the Province and created disaster areas. Alderman Puttick advised that a disaster relief fund had been set up to receive private donations. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Orr, that the matter be referred to the Finance Committee for consideration. Carried Unanimously. MR. JOHN CHIRICO Alderman Cummings requested that the City Clerk look into the matter of Mr. ChiriCo's Insurance Claim which had previously been denied by the City. KER PAP .. Following a brief discussion it was moved by Alderman Cummings, seconded by Alderman Chessman, that Staff be asked to investigate the replacement of the Canadian Flag, bumpers for two light standards on the first and third base lines, and further, that the top of the fence extendin~ alon~ both base lines have protective material installed. Carried Unanimously.. TRAFFIC - FIRST AVENUE & BRIDGE ~TRERT Aldermen Baker discussed the traffic congestion near the NiaSara Distribution Centre at First Avenue and Bridge Street and asked Staff to investigate the situation. .... 10 - 10 - It was moved by Alderman Coyills, seconded by Alderman Kerrio, that the meeting adjourn. READ AND ADOP. jl~D, TWENTY-FIRST MEETING Committee Room #1 June i0, 1985 Council met on Monday, June lOth, t985, at 7:15 p.m. in Committee of the Whole. All members of Council were present with the exception of Aldermen Baker and Kerrio · Alderman Janvary presided as Chairman- Following consideration of the i e snted the Committe of the Whole arose without reporting. READ , 'PTED, PLAN~,~ .~'FiNG Council Chambers June 10, 1985 Council met on Monday, June lOth, 1985 at 7:30 p.m. for the purpose of considering Planning Matters and general business. All members of Council were present with the exception of Aldermen Baker, and Kerrio. His Worship Mayor Smeaton presided as Chairman. Alderman Somerville offered the Opening Prayer. ADOPTION OF MINUTES Alderman Puttick discussed an Information for Council item with respect to the expenses of Dworkln Communications Inc. in connection with the O.W.M.C. and requested that Staff contact Dworkin Communications Inc. for a detailed state- ment of expenditures. ORDERED on the motion of Alderman Merrett, seconded by Alderman Oft,that the minutes of the meeting held June 3rd, 1985, be adopted as printed. Carried Unanimously; MR. PEPPER MARTIN Mr. Pepper Martin did not attend the meeting. REPORTS - PLANNING MATTERS No. 293 - (PD/66/85) - Chief Administrative Officer - Re: AM-l/85 Official Plan and Zoning By-law Amendments - Whitewater Holdings (Niagara Falls) Ltd., 7430 Lundy's Lane. The report recommends the following: 1) That Council not support the application to amend the Official Plan and Zoning By-law as applied for by Whitewater Moldings (Niagara Falls) Ltd.; 2) That Council consider an amendment to the Official Plan and Zoning By-law that would provide: (a) Official Plan - The creation of a site specific Official Plan designation and accompanying policies that would recognize water recreational uses on the ironring 3.97 acres and accessory parking on the southerly 3.8 acres. This would provide for the continued operation of the existing Whitewater Water Parks the installation of the 10,000 square foot wave pools and the creation of a parking lot. ~ The establishment of other water recreational uses on the frosting lands may be permitted subject to satisfying policies respecting noise, saturation and parking; (b) Zoning By-law - The creation of a site specific zone and regulations that would permit the existin8 land use on the frontlug lands plus the wave pools and a parking lot on the southerly 3.8 acres. This zone will not permit other types of Tourist Commercial uses and the intro- duction of additional water recreational uses on the frosting lands will be by By-law Amendment after the required policy statements regulatinz expansion have been satisfied; 3) That Staff be directed to prepare the necessary Official Plan Amendment and Zoning By-law Amendment based upon the principles contained in Recommenda- tion No. 2 above; 4) That prior to Counetl's consideration of the Official Plan Amendment and Zoning By-lawAmendmentt Staff be directed to give due Public Notice. - 2 - Communications No. 184 A,B,C, D & E - Mr. & Mrs. Marin DeVellis, Mr. Jules 1 Vetmotto, Mr. & Mrs. Dan Iannone, Miss Joan Howarson, and Mrs. Wllson-korzetto. The communications express objections to the application in terms of proximity to residential property and deflation of market value; infringement of citizens' rights; traffic, noise and language problems; decreased quality of life; possible decrease of trees in the subject property; as well as future saturation caused by further expansion. Questions were raised regarding the lack of a berm at the southern end of the parking lot and proposed future crescent, as well as landscaping- - AND- Communication No. 185 - Ministry of the Environment - Re: Amendment to the Official Plan and Zoning By-law - Whitewater Holdings (Niagara Falls) Ltd. The co~munication advises of complaints received by the Ministry from area residents regarding auditory and visual deterrents to the quality of life, that the expansion ddesnot require approval from the Ministry, and suggests that consid- eration be given to minimizing the impact on adjacent properties, as well as strict site plan control, and possible reinenrich of the attraction. - AND- Communication No. 186 - Re ional Niagara Planning & Develo merit Department - Re: Preliminary Application AM-~/85(Revised) - Expansion of Wh~etwater Park. The communication refers to previous recommendations; suggests orientsting any new attractions towards the Q.E.W., and advises that the Ministry of the Environment Noise Pollution Control Section, should be contacted for information concerning possible noise abatement measures for the proposed and existing operations. Alderman Janvary declared a conflict of interest because a member of her family ls employed with the applicant. His Worship Mayor Smeaton advised that this was an official Public Meeting, explained the procedure set down by the Province of Ontario, and requested the City Clerk to explain the details of the proposal as well as the method and date of public notification. The Clerk explained that the applicant wishes to extend their present Tourist Commercial use to a portion of the abutting lands to the south compris- ing 3.8 acres; that the subject land is to be used for parking lot purposes to alleviate the present parking problems and to provide sufficient parking area to accommodate the expansion of activities on the fronting lands for a wave pool, inner tube ride, and speed slide. He advised that the information had been published in the local newspaper on April 12th, 1985, and the Notice of Public Meeting mailed to interested residents on April 10th, 1985. The Clerk further advised that at the meeting on May 13th, 1985 the matter was tabled to this date and the Notice of Public meeting was mailed on May 17th, 1985. Mr. John Broderick, Solicitor, indicated his presence on behalf of the applicant, and a number of interested residents indicated their presence. His Worship Mayor Smeaton advised that any person wishing to make a submis- sion would be given the opportunity and all persons doing so should leave names and addresses with the Clerk. In response to Mayor Smeaton's request the Director of Planning explained the purpose and reason for the proposed by-law amendment with the assistance of a posted sketch of the subject land. He advised that the matter had been tabled on May 13th because of an Economic Feasability Study by Whitewater Holdings regarding parking facilities, and further, in order that ample notice of the application might be given by the Municipality. He explained in detail the application and details of expansion, discussed information contained in the Technical Report with respect to Demonstrated Need, Neighbourhood Plan, Mitigat- ing Features, Official PlanAmendment, and Zoning By-law, Mr. Ray Thompson, General Manager of The gkylon Tower, addressed Council {n support of the application, Me referred to the cessation of growth in the City of Niagara Falls, and expressed the opinion that the Whitewater facility was critical to the growth of Niagara Falls and the Lundyts Lane area of the City. Mr. Thom son discussed the hours of operation and days per year of the facility~s operation; referred to the tourism industry as the future of Niagara Falls and expressed support; of the Whitewater Holdingst application,' Mr. Costanzo(Stan) Orsini, Coral Inn, 7429 Lundy's Lane, advised that the Coral Inn was located directly opposite Whitewater, that the lack .of parking facilities had been recognized, togethsr with the inconvenience and health hazard caused by traffic congestion. He discussed the attraction of visitors to the Whitewater facility ~ith increased benefits to other businesses in the area. Mr. Orsini suggested that Bambi Subdivision was located "too close", and that the amusement facility was well located close to two main highways. Mr. Glands Zorzetto, 6187 Delta Drive, addressed Council as spokesman for concerned residents in Bambi and other nearby subdivisions. He distributed. a brief outline of his presentation, which reviewed the diverse interests of tourist operators and groups as opposed to the concerns of residents; Identified the problems iuvolvedZ discusssd the Credibility Gap, Whitewater Feasibility - 3 - Study, and similar amusements in Kitchener; referred to City planning Documents, i.e., the Lanmer Fenco Report of 1981, and Official Plan; and expressed opinions that the Whitewater proposal be rejected; that "No Parking" signs be installed on Belmont Avenue across from Whitewater; that the parklug needs for the present site be studied by the City Flanning Department for action after the '85 summer season; and submitted the personal recommendation that temporary parking be granted to Whitewater on their existing property prior to the aforementioned studyts completion. It was further suggested that no mature trees he cut down. The Planning Director replied to questions raised with respect to the number of parking spaces required by the by-law and currently available, the activities which are allowable on the subject lands- Further concerns were expressed By Mrs. Alexandra Sheridan, 7441 Bambi Crescent; and Mrs. Elizabeth Wilson-Zorzetto, regarding future applications to amend the by-law to Tourist Commercial to allow for expansion of the facility, and the requirement of increased parking spaces, etc. Mr. John Broderick, Solicitor, addressed Council on behalf of the applicant. Me discussed the efforts of Whitewater Holdings to resolve past problems, and advised that his client had no intention of changing the zoning from Residential because of the close proximity to the Q.E.W. Mr. Broderick discussed the impact of the tourist industry on the City of Niagara Falls; his client's "quality family" orientsted amusement facility which draws tourists to the community; and the operation of the attraction for approximately 100 days out of year with restricted hours- He expressed the concern of his client regarding the proposal of the City Planning Department with respect to a "site specific zone" as a form of control that removes the "decision making process from the owners and places it in the hands of the Planning Department". Mr. Broderick advised that his client was prepared to remove the 'go-cart track" from the useage as well as other entitled uses. He requested that Zoning By-law 79-200 (as amended) be amended by: a) Changing the zone category for the site from Development Holding to Parking Zone; b) Introducing site specific zone regulations to govern development and restrict the use to a parking lot as present Parking zone requirements would not provide an adequate buffer for adjacent Residentially zoned lands. Mr. Broderick stated that the parking lot would be a stone surface which would absorb moisture, and further that his client was prepared to conform to City drainage policy. He replied to questions raised regarding paving of the parking lot, and other concerns. Following further discussion it was moved by Alderman Orr, seconded by Alderman Chessman that the report be received and adopted. The motion Carried. with Alderman Janvary abstaining from the vote on a conflict of interest pre- viously recorded, and the following vote: AYE: Aldermen Chessman, Coyills, Herrsit, Orr, and Somerville. HARE: Aldermen Cummings, Mlnsperger, Keighan, and Puttick. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that the comm~nications be received and filed. The motion Carried with Alderman Janvary abstaining from the vote on a previously recorded con'~of interest, and all others voting in fayour. His Worship Mayor Bmeaton declared a 5 minute break at 10:00 p.m. Following the 5 minute recess Council reconvened to consider the following items. REPORTS - PLANNING MATTERS No. 294 - (PD/65/85) - Chief Administrative Officer - Re: AM-2/85 Zonin~ Amendment Application - Ritz Motel Ltd., 5b)9 Victoria Avenue. The amended report recommends the following: 1) That Council support the proposed amendment to By-law 79-200 as detailed in the Technical Report, subject to provision for a front yard whereby no new buildings or structures be permitted between 0 to 3 m of the Victoria Avenue road allowance in staggered setbacks, the details of which will be finalized at the time Council considers the passage of the amending by-law; 2) That Council direct Staff to prepare the Zoning By-law Amendment for enact- ment at a subsequent Council meeting. In response to the request of Mayor 8meaton, the Deputy Clerk advised that the proposal was being made to amend Zoning By-law 79-200 to permit the development of a 7 storey 58 unit hotel re uiring site specific by-law regula- tions as well as recognizing the location o~ an existing motel havin~ a front yard on Ellen Avenue. The Deputy Clerk further advised that the Notice of Fublic ~eetin8 had been forwarded by first class mail on May 6th, 1985, l - 4 - Alderman Janvary declared a conflict of interest because a member of her family is employed by the applicant, His Worship Hayor Smeaton explained the procedure to be followed under the new Planning Act, and declared the Public Meetin~ open. The Planning Director explained the proposal and purpose of the by-law amendment with the assistance of a posted sketch. He reviewed information contained in the Technical Report; advised that the major change is in the height of the building; and referred to the Lanmer Fenco Study as well as the physical constraints regarding the 3 metre setback. The Planning Director discussed the recommended staggered setbacks of 0 to 3 moires. His Worship Mayor Smeaton did not receive a response to his request for an indication of persons present for or against the proposal other than the applicant or his agent, Mr. D. Marineill, Solicitor, represented the applicant. He advised that the aforementioned setback recommendation was discussed earlier on this date, and that the applicant felt that the recou=aendation could be met. Mr. MarineIll expressed confidence that the development could proceed, and advised that the 129 parking spaces would exceed the requirements of the by-law. Mayor Smeaton received a negative response to his request for further comments or questions, and declared the Public Meeting closed. ORDERED on the motion of Alderman Hineperger, seconded by Alderman 0rr, that the amended report be received and adopted. The motion Carried with Alderman Janvary abstaining from the vote on a previously recorded conflict of interest, and all others voting in favour. No. 295 - (PD/65/85) - Chief Administrative Officer - Re: Zoning By-law Amend- meat, Willoughby By-law 39b - Highway Commercial Lands, Sodom Road and The report makes the following recommendations. 1) That Council support the proposed amendment to Willoughby By-law 395 (1966) by rezoning those lands situate at the Sodom Road and Q.E.W. interchange from Highway Commercial to Rural, and as detailed in Planning Department 0 Reports PD/29/85, PD/37/85, PD/6/85, and PD/65/85. 2) That Council direct Staff to prepare the required Zoning By-law Amendment for enactment at a subsequent Council meeting. In response to Mayor Smeaton's request, the City Clerk advised that the application was tabled to this date on Hay 13th, 1985, and explained that the proposal was to amend the zoning of the above referenced site from Highway Commercial to Rural, whereby only existing lawfully established uses~ agricul- tural uses and residences on existing lots of record are to be permitted, He further advised that the proposed amendment was to brim the area's zoning into conformity with the Regional Official Plan and the City~s draft Offi~lisl Plan. The Clerk advised that the Notice of Public Meeting had been forwarded by first class mail to interested residents on Hay 17th, 1985. His Worship Hayor Smeaton requested a show of hands of persons in attendance for or against the proposed change and requested that names and addresses be left with the Clerk prior to leaving the meeting. He explained the procedure of the Public Meeting. The Planning Director explained the proposal with the assistance of a posted sketch of the subject area, referred to the recommendations in the report, and discussed the conformity with the Good General A~ricultural designation of the Regional Official Plan and the Provincial Foodland Guidelines outlined on page 2 of the report, The Planning Director referred to the information contained in the Technical Repor~ and advised that the proposed change was "logical at this His Worship Mayor $meaton received a negative response to his request for comments from persons in support of the by-law amendment. In response to Hayor Smeaton's request for comments from persons opposed tO the amendment, Mr, A.A, MacBain, Solicitor, discussed the purchase of 120 acres of the subject land by his client 20 years ago, "in good faith', as Highway Commercial and requested that the designation remain in order that the investment of his client might be protected, He aug sated that nothing con be taxes paid to the City over the past 20 yearst and his client s.iute~Cion to develop a Highway Commercial business on the subject property. Mr. Macgain asked that the current designation of Highway Commercial be retained. Mr. Tibor Palstin, 10894 Willo-Dell, discussed his purchase of a portion of the sobJect lauds 5 months ago because of the Highway Commercial zonin$, He referred t~ the difficulty in draininS the low-lying land, and advised that' the p~operty was not good for farming and should remain as .Highway Commercial° - 5 - Mr. John Simon, Youngstown. N.Y., Officer & Director of Old ~llloughby Realty, and owner of 230 acres of the lands under consideration. He stated that Mr. HacBaiu, Solicitor, was representing him, that 239 acres of the land had formerly been an R,A.F. airport. Mr. Simon referred to governmental policies which restricted foreign ownership and development in Canada, and discussed a resolution to the sewer problem in connection with the subject lands. He dis- cussed the taxes paid over the past years for the property. Mr. Tom Prue, 6514 Ash Street, President of the Niagara Falls Ratepayers Consumer Protection Group addressed the issue and asked Council to turn down the recommendations. He submitted a written presentation of the group's concerns. Mr. Brian Sinclair, Solicitor, spoke on behalf of his client, Mr. Chander Purl who purchased an 11 acre parcel on the subject site in 1980, has made application for a building permit, and has an engineer working on plans- Mr. Sinclair advised that the City had halted action because the Official Plan was not being followed. He advised that his client is prepared to bring in an application to amend the Official Plan, and asked that Council defer the matter. Mr. Gabs Mallouk, 7856 Rysdale Street, advised that he represented ownership of 16 acres on the subject lands, discussed the substantial expense of purchas- ing the property, and expressed opposition to the rezoning. Following further discussion a motion was made by Alderman Puttick, seconded by Alderman Somerville, that the report be received and the recommendations denied. Carried Unanimously. It was moved by Alderman Chessman, seconded by Alderman Cummings, that leave be granted to proceed past 11:00 p.m. REPORTS - PLANNING MATTERS. No. 296 - (PD/67/B5) - Chief Administrative Officer - Re: Zoning By-lawAmend- meat, Crowland By-law #1)3) - Industrial Lands, East of Crowland Avenue, North of Bigger Road. The report makes the following recommendations: 1) That Council support the proposed amendment to Crowland By-law No. 1538 (1958) by rezoning those lands situate east of Crowland Avenue, north of Bigger Road, and west of Moatrose Road from Rural Agricultural to Deferred and as detailed in Planning Department Reports PD/29/85, PD/37/85, PD/61/85, and ~D/67/85; 2) That Council direct Staff to prepare the required Zoning By-law Amendment for enactment at a subsequent meeting of Council- The City Clerk advised that this was a proposal to amend the zoning of the above referenced site from Rural Agricultural to Deferred whereby only existing lawfully established uses, agricultural uses, and single family dwellings on existing lots of record are to be permitted. He advised that in addition zone regulations shall be provided such as minimum lot area of 3 acres, minimum lot frontage of 100 feet, maximum lot coverage of 15%, and necessary yard requirements- The Clerk further advised that the Notice of Public Meeting was mailed by first class mail on Hay 17th, 1985 to interested residents. His Worship Hayor Smeaton requested an indication of persons wishing to make comments and requested that names and addresses be left with the Clerk. He explained the procedure of the Public Meeting. The Planning Director discussed fully the purpose and reason for the proposed amendment, with the assistance of a posted sketch of the subject area, discussed the information contained on page 2 of the report, and reviewed details included in the Technical Report. He advised that the removal of the subject 420 acres for industrial purposes by zoning the property Deferred was a temporary measure to ensure that indiscriminate development did not occur and provided an' opportunity to undertake a detailed planning analysis of the area, during which time the Municipality could consider development of the lands by By-law Amendment. Mr. V.F. Muratori~ Solicitors St. Catharines, advised that the outstanding difference between this proposal and the property in Willoughby previously dis- cussed was that this property was within the urban boundary of the City of Niagara Falls as it relates to land use, and further, that Section 106 of the Regional Policy plan has no effec~ in this instance. He discussed the historic- al background of the land uses in the Subject area, as well as the extensive acreage involved being held for industrial usage. Mr. Muratori stated that this would be a "permanent soninS by-law until it is rezoned temporary"~ referred to the commitment of the Municipality, and discussed the long term effect of the Official Plan. Alderman Somerville retired from the meeting. -8- CITY OF NIAGARA FALLS RECREATION MASTER PLAN UPDATE - FINAL REPORT 'No. 264 (Tabled from 1985 05 27) - Chief Administrative Officer - Re: Recreation Master Plan. The report recommends that the Recreation Master Plan Update revised recommendations in the attached report ~e approved. The Recreation Director discussed the actions taken prior to the preparation of the Master Plan Update, used an overhead projector to demonstrate the recommenda- tions in the report with statistical data in counection with park standards, park needs and acquisition, and park development policy. A discussion followed with regard to the possible integration of the Recreation and Parks Departments with centralization of services~ maintenance, and events. The Recreation Director advised that the 5 year plan would provide ~uidance in providing factual information with respect to policies and amendments to the Official Plan. ORDERED on the motion of Alderman C-v~mtngs, seconded by Alderman theeamen, that the report be received and adopted. It was further recommended that the Chief Administrative Officer prepare a report regarding the integration of the Parks and Recreation Departments. Carried Unanimously. COMMUNICATIONS No. 189 - tit of Toronto - Re: Appointment of Municipal Representatives to George Brown lollego Board of Governors. The communication attaches a report of the Nominating Committee with respect to appointments of Municipal representa- tives to George Brown College Board of Governors. ORDERED on the motion of Alderman Cummings, seconded by Aldermau Somerville, that the com,,,ntcation be received and filed. Carried Unautmonsly. No. 190 - Canada Em lo eat Centre for Studeats - Re: "Hire A Student Week" - June 23rd to ZPth, [~. The communication requests permission to fly a "Hire A Student" flag at City Mall during the aforementioned week. OREDERED on the motion of Alderman Cummin~s, seconded by Alderman Janvary, that permission be granted to fly the Flag. Carried Unanimously. His Worship Mayor Smeaton advised that additional facilities for flying flags at City Hall should be available. ORDERED on the motion of Alderman C,,mmings, seconded by Alderman Cheesman, that the matter be referred to Staff for investigation of costs and report. Carried Unanimously. No. 191 - Town of Lincoln - Re: OWMC Candidate Sites, The communication attaches a report to the OWMC and discusses concerns regarding the transporta- tion of toxic Wastes. ORDERED on the motion of Alderman C,,mmtngs, seconded by Alderman Metfelt, that the matter he referred to the Waste Management Steering Committee. Carried Unanimously. No. 192 - Regional Nia are Social Services Department - Re: Model Seco'hd Level Lodging Homes By-law. ~he communication expresses concern regardin~ the physical standards of buildings being used as rest homes, retirement homes, etc., and the quality of life in the aforementioned homes, attaches reports in this matter, and suggests that the mutter be referred to Council or the Solicitor for enactment of the by-law. ORDERED on the motion of Alderman C~mm{ngs, seconded by Alderman Somerville, that the communication be received and referred to Staff for ~onstderation. Carried Unanimously. No. 193 - G.N.B.A, - Re: Oldtimers Baseball Club Three Pitch Tournament August iYth &rid l~ths 1985, Houck Park. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan, that the request of the G.N.B.A. for a special occasion permit for the Oldtimers Baseball Club Three Pitch Tournament at Houck Park, Arthur Street Falls, be approved subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Niagara District Health Unit, and the Liquor Licensing Board of OntariO.. Carried Unanimously. No. 194 - Canadian Canine Services Association - Re: 1985 Walk-a-Do~-a-Thon- The communication requests permission to hold a Walk-a-DoE-a-Thou on October 6, ... 1985 with the proceeds to be donated to Canine Vision Canada. ORDERED on the motion of Aldermmn Cummings, seconded by Alderman Chessman, that -the co~saunication be received and the request approved in principles and referred to Staff to secure more detailss Niagara Parks approvals use..of roadss or sidewalks, etc. Carried Unanimously. No. 195 - Downtown Board of Management - Re: Centennial Square Hamburger Sale. The communication requests permission to hold a hamburger sale on June 29th, 1985 at Centennial Square in conjunction with the Festival of Values Sidewalk Sale. ORDBKED on the'motion o[ Alderman Cummings, seconded by Alderman Somerville, ~that the request be approved in principle and referred to Staff to work with the 1 Carried Unanimously. Downtown Board d Management on the detai s. - 9 - No. 196 - Molson SIc-Pitch Challenge - Re: Chevy Hot Air Balloou ride. The communication requests permission or Chevrolet of Canada to sponsor Rot Air Balloon rides on June 21st to 23rd, ~985, during the Molson N~L SIc-Pitch Challenge. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the request be approved in principle, subject to any required approvals. Carried Unanimously. No. 197 - Willoughb Volunteer Fire Department - Re: 35th Annual Carnival - July 27th, 1~85. ~e communication requests a Special Occasion Permit for the event. Alderman Somerville declared a conflict of interest because a member of his family is a member of the Department. ORDERED ou the motion of Alderman Cummings, seconded by Alderman Keighan, that the request of the Willoughby Volunteer Fire Department for a special occasion permit for their 35th Annual Carnival ~o be held on July 27th, 1985, at the Willoughby Volunteer Fire Department Recreation Hall, Niagara Falls, be approved subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Niagara District Mealth Unit, and the Liquor Licensing Board of Ontario. The motion Carried with Alderman Somerville abstaining from the vote on a conflict of interest previously recorded, and all others voting in fayour. No. 198 - Untcef Ontario - Re: 1985 Untcef ~alloween fund-raising campaign- The communication requests financial support from the City for the aforementioned. ORDERED On the motion of Alderman Janvary, seconded by Alderman Keighan, that the communication be received and a grant Of $100.00 be approved. Carried Unanimously. REPORTS No. 299 - Chief Administrative Officer - Re: Fire Department sale of Surplus Equipment. The report recommends that the highest bidder for each piece of equipment be accepted and the monies received for the two tractors be used towards the purchase of a snow plow attachment, cap and emergency llghtin~ for the Fire Department four-wheel drive pick-up truck. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 300 - Munici al Works Committee - Re: Committee Reports. The report recommends the FOllowing: 1) Street Lightin - L one Creek/QEW Interchange - It is recommen]ed t~at the lighting of this intercheeSe be referred to the 1986 Operating Budget. ORDERED on the marion of Alderman Cummings, seconded by Alderman Janvary, that the report he received and adopted. Carried Unanimously. 2) MArineland Daily Garbage Collection Fee - It is recommended that (a) the daily Earhags collection fee for Marineland be established at $225.00 per month subject to review of the fees as set out in the Sanitation By-law and (b) daily garbage collection be provided for months of July and August, plus any additional period mutually deemed necessary. ORDERED on the marion of Alderman Cummings, seconded by Alderman Keighan, that the matter be tabled, Carried Unanimously~ 3) Engineering De artmeat - Canada Limited and that "Lotus 1-2-3" be included with this purchase. ORDERED on the marion of Alderman Cummings, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. 4) Ontario Provincial Standards - Adoption - It is recommended that this report be received and filed for information. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. 5) Reversible Dum Box Two-Wa S reader Replacement ~nl'~ - It is recommended that Staff ~e authorized to purchase one reversible two-way dump box, model Friuk GI-85 from Frink Canada Ltd. as per specifica- tions for the total sum of $11~415.00. ORDERED on the motion of Alderman Somerville~ seconded by Alderman Cummings~ that the report be received and adopted. Carried Unanimousl . 6) Pro osed Closing of Walkway No. 81(3) from CatCall Drive ~o ~r'amore Cr. - It Is recommended t~at the owners oE the propertfes Known as jzz~ an~ 3~16 CatCall Drive be authorized to enter into an agreement to liceace the lands to be used for s walkway until such time as ~he land is required for the installation of a sanitary sewer. ORDERED on the motion of Alderman Janvarys seconded by Alderman Merrett, that the report be received and adopted. Carried Unan.imousl~. · , o . l0 - 10 - No. 301 - Chief Administrative Officer - Re: Contract R.C. 10-85 - Curb & Gutter Base Asphalt Construction in Parkway Gardens Subdivision- The report recommends that the unit prices submitted by the low tendeter, Hard Rock Paving Ltd** be accepted by Council, and that the by-law appearing on touight's agenda be passed- ORDERED on the motion of Alderman Somerville, seconded by Alderman Herrerrs that the report be received and adopted, Carried Unanimously. See Resolution No* 41. See Byelaw No. No. 302 - Chief Administrative Officer - Ke: Property Standards By-law 74-204, Mr. J. Lupia, ~9~3 Buchanan Avenue, The report recommends that under Clause (a) of sub-section 7.10.4 of By-law No. 74-204, that the Corporation retain a tow truck to forthwith complete the work which Mr. J. Lupia was directed to carry out under the Order given August 31st, 1984, and that pursuant to sub-section 7.10,5 of said By-law No. 74-204, any expense incurred by the Corporation, its servants or agents in carrying out the work aforesaid be recovered iu a like manner as municipal taxes. ORDERED ou the motion of Alderman Cummings, seconded by Alderman Keighan, that the report be received and adopted, Carried Unanimously. No. 303 - Chief Administrative Officer - Re: Energy Conservation - Stamford Arena, The report refers to the former approval of the installation of an Aluma-Zorb ceiling at a cost of $16,000.00s that the Ministry of Energy has qualified the project for a maximum grant of 25% of the cost, $4,000.00~ and recommends that the report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett~ that the report be received ned adopted. Carried Unanimously. No. 304 - Chief Administrative Officer - Re: Roof Repairs at Stamford Arena, The report recommends that Council accept the quoted price of $5,975.00 submitted by Rrown-Jarvis Roofing Ltd, to replace the built-up roof at Stamford Arena over the dressing room areas. ORDERED ou the motion of Alderman Cummings, seconded by Alderman Cheesman~ that the report be received and adopted, Carried Unanimously, See Resolution No. 42. No. 305 - Chief Administrative Officer - Re: Tender for Propane Fuel. The report recommends that the tender for the supply of propane fuel for 1985 be awarded to ithe low bidder, Monarch Propane Limited. ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan, that the report be received and adopted. Carried Unanimously- See Resolution No. 43. No. 306 - Chief Administrative Officer - Re: Municipal Accounts- The report recommends that the accounts totalling $804,034.93 for the one week period ending June lOth, 1985~ be approved by the passing of the by-law appearing later on the ageuda. Alderman Chessman declared a conflict on Cheques No. 9047 and 904g'because he is employed by the Board- Aldermmn Cummings'declared a conflict of interest on Cheque No. 8970 because he is employed by the company. Additional information was provided for Cheque No. 9076. d ORDERED on the motion of Alderman Merrett, seconds by Alderman Somerville, that the report be received and adopted. The motion Carried with Aldermen Chessman and Cummings abstaining from the vote on Cheques'[r~'{~47, 9048, and 8970 consecutively, on conflicts of interest previously recorded; and all others voting in layout. RESOLUTIONS No. 41 - SOMERVILLE - MERRETT - RESOLVED that the unit prices submitted by Hard Rock Paving Company Ltd., for Contract K.C. 10-85 - Curb & Gutter and Base Asphalt Construction in Parkway Gardens Subdivision, be accepted at the low tendered amount of $50,463.85; AND the Seal of the Corporation be hereto affixed, Carried Unanimously. No. 42 - Ct~414INGS - CREESHAN - KESOLVED that the unit prices submitted by Brown-Jarvis Kootlng Lta, for. roof repairs at Stamford Arena, be accepted at the low tendered amount of $5,975.00; .AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 43 - CUMHINGS - KEICHAlq - KESOLVED that the unit prices submitted by Monarch Propane Limited for the su pl of propane fuel for 1985 be accepted at the low tendered amount of $398,37[,6~; AND the Seal of the Corporation be hereto dfixed,. Carried Unanimously. 'f , . . , ll - 11 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 85-115 - A by-law to amend By-law No. 3790, being a by-law for the regula- tion of traffic. (St. Lawrence & Buckley Avenues). No. 85-117 - A by-law to authorize the execution of an agreement with Hard-Rock Paving Company Limited for curb and gutter and base asphalt construction in Parkway Gardens Subdivision- No. 85-118 - A by-law to amend By-law No. 395, 1966 of the former Township of Willoughby, as amended, and By-law No. 1538 (1958) of the former Township of Crowland, as amended. No. 85-119 - A by-law to adopt a Redevelopment Plan for the Niagara Falls City Centre Redevelopment Area. No. 85-120 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cheesman and Cummings abstaining from the vote on By-law No. 8)-lZ0 on conflicts of interest previously recorded in Report No. 206, and all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the following by-laws be now read a second and third time: No. 85-115 - A by-law to amend By-law No. 3790, being a by-law for the regula- tion of traffic. No. 85-117 - A by-law to authorize the execution of an agreement with Hard-Rock Paving Company Limited for curb and gutter and base asphalt construction in Parkway Gardens Subdivision. No. 85-118 T_A by-law to amend By-law No. 395, 1966 of the former Township of Willoughby, as amended, and By-law No. 1538 (1958) of the former .... .~ ~,Township of Crowlands as amended. No. 85-119 - A by-law to adopt a Redevelopment Plan for the Niagara Falls City Centre Redevelopment Area. No. 85-120 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Chessman and Cummings abstaining from the vote on By-law No. ~-fzO on conflicts of interest previously recorded~ and all others voting in layout. NEW BUSINESS KER PAR~. Alderman Cummings requested information regarding a previously requested investigation into a new flag, bumpers for light standards, and protection on the base line fence at Ker Park. The City Clerk advised that this matter had been referred to Municipal Works for consideration- DORCHESTER ROAD/TRACKS Alderman Cummings referred to the poor condition of Dorchester Road over the railway tracks at Brights and requested Staff to investigate the matter, WHIRLPOOL ROAD CONDITION His Worship Mayor Smeaton referred to the condition of the Whirlpool Road at the golf course and was advised by the Director Of Municipal Works that prepara- tions were being made to make repairs, PROPERTY - NIAGARA LIGHTING Alderman Metfelt referred to a previous request to investigate the condition of the property at Niagara Lighting on Lundy*s Lane, and asked that the matter be referred to Staff for further investigation, FROPEKTY - VICTORIA AVENUE & FERRY STREET Alderman Cheesman discussed the condition of the property with construction taking place at the Junction of Victoria Avenue and Ferry Street, and asked that the matter be investigated further. , , , , 12 FLAG PROTOCOL -.' ..,' In response to Alderman Cheesman's discussion in connection with flag proto- col, the City Clerk advised that a flag may be flown overnight. However, with respect to the condition of the flag at Ker Park the Clerksadvised that the flag had flown over the winter months. Alderman Cheesman subgeared that the flag might be taken down in the fall. CANADA DAY CELEBRATIONS - CIVIC COMMITTEE Alderman Janvary discussed the financial aspect of the Canada Day Celebra- tions and advised that financial assistance in the amount of $500.00 may be required. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that a grant be approved to the Civic Committee for Canada Day Celebrations to an upper limit of $500.00, if required. Carried Unanimously. LENGTHY COUNCIL MEETING Alderman Keighan discussed the particularly lengthy Council meeting and asked the Chief Administrative Officer to arrange that this be avoided in the future- It was moved by Alderman Cummings, seconded by Alderman Cheesman, that the meeting adjourn. a t ~: READ AND ADOPTED, , i TWENTY-SECOND MEETING Committee Room #1 June 24, 1985 Council met on Monday, June 24th, 1985, at 6:15 p.m. in Committee of the Whole. All members of Council were present with the exception of Aldermen Keighan and Somerville. Alderman Merrett presided as Chairman- Following consideration of the ~u~ r~sented the Committee of the Whole ~ · arose without reporting. Council Chambers June 24th, 1985 Council met on Monday, June 24th, 1985, at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Aldermen Keighan and Somerville. His Worship Mayor William S. Smeaton presided as Chairman- Alderman Chessman offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the minutes of the meeting held June 10th, 1985, be adopted as printed. Carried Unanimously. ACHIEVEMENT AWARDS MARK NELSON His Worship Mayor Smeaton offered congratulations on behalf of Council to Mark Nelson on achieving the Ontario College Athletic Association, Men's Doubles Badminton Championship as well as the Canadian Colleges Athletic Association, Men's Doubles Badminton Championship; and presented him with an Achievement Award on behalf of the City of Niagara Falls. CORD WADE His Worship Mayor Smeaton advised that Mr. Cord Wade, Coach of the winning Badminton Associations' Team, was not in attendance at the meeting and would he presented with an Achievement Award at a later date. UNFINISHED BUSINESS MARINELAND DAILY GARBAGE COLLECTION FEE - REPORT OF MENICIPAL WORKS COMMITTEE Report No. 299(Tabled from June 10, 1985) - Municipal Works Committee. - Re: Committee Reports. The report recommends the following: Item No. 2 - Marineland Daily Garbage Collection Fee - It is recommended that (a) the daily garbage collection fee for Marineland %e established at $225.00 per month subject to review of the fees as set out in the Sanitation By-law and: (b) daily garbage collection be provided for the months of July and August plus any additional period mutually deemed necessary. Following a brief discussion it was moved by Alderman Coyills, seconded by Alderman Baker, that the report be received and adopted. The motion Carried. on the following vote: AYE: Aldermen Baker, Cheesman, Coville, Cummings, Hinaperger, Janvary, Kerrio, Merretts and Puttick. NAYE: Alderman Orr. A , -2- CONMUNICATIONS No. 199 - Regional Niagara Plannin & Development Department - Re: Seminar on Environmental Hearings - July 8, 1~85. The communication provides information concerning the Seminar, scheduled for July 8th, 1985 in the Regional Municipal Building, which will focus on general rules and procedures for environmental hearings in Ontario- ORDBRED on the motion of Alderman Cummings, seconded by Alderman Coville, that the communication be received and filed. Carried Unanimously- No. 200 - Regional Niagara Planning & Development Department - Re: Ontario Waste Management Corporation. The communication attaches Report No. DPD 1865, 'with regard to the OWMC. ORDERED onethe motion ofAlderman Cummings, seconded by Alderman Kerrio, that the c~mmunication be received and filed. Carried Unanimously- No. 201 - Unemployed Workers Coalition - Re: Rickshaw Service. The communica- tion requests Council to reconsider its decision not to approve the above mentioned service within the City of Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. No. 202 - Niagara Falls Ratepayers & Consumer Protection Group - Re: Freeze of Funds - O.W.M.C. The communication asks Council to "put a freeze on all monies allocated to oppose the Ontario Waste Management Corporation". ORDERED on the motion of Alderman Coyills, seconded by Alderman Baker, that the commnication be received and filed- The motion Carried with the following vote: AYE: Aldermen Baker, Coville, Hinsperger, Janvary, Kerrio, and Merrett. NAYE: Aldermen Cheesman, CvmmtngS, 0rr, and Puttick. No. 203 - William A- Bean - Re: Drainage Problems - Lot 136 former Township of Stamford. The communication includes background data in connection with drain- age problem in the subject area, and asks that the matter be given early consideration. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the communication be received and referred to Staff for a report. Carried Unanimously. No. 204 - Fred Rieser - Road condition - Main and Sarah Streets, Chippaws. The communication expresses concern regardir~ the condition of the above named streets. Alderman Hinsperger advised that he had discussed the concer~na of Mr. Rieser with the Regional Municipality of Niagara and the Chief Administrative Officer, and advised that Main and Sarah Streets were scheduled for paving. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the communication be received and filed, and further, that Mr. Rieaer be formally advised of the anticipated paving of the two streets. Carried Unanimously. ~ No. 205 - Town of Valley Bast - Re| Resolution to Minister of Education- The communication requests that Council support a resolution to the Minister of Education that the method of assassin8 and collecting education taxes be amended. ORDERED on the motion of Alderman Coyills, seconded by Alderman Kerrio, that the communication be received and filed. Carried Unanimously. No. 206 - Ministry of Transportation & Communications - Re: 1985 Supplementary Sudsidy Allocation. The communication discusses the above mentioned subsidy which has been authorized to the City of Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Oft, Chat the communication be received and filed. Carried Unanimously. No. 207 - Ontario ConservatiSm Officer*s Association - Re= North American Wildlife Officer*e Association Convention - July 25th to 27th, 1985. The com- munication requests a Special Occasion Permit for the Event. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Kerrio, that the request of the Ontario Conservation Officer*s Association for a special occasion permit for their North American Wildlife Officerim Association Convention to be held on July 25th - 27th, 1985, in the Sheraton-Brock Rotel, Niagara Falls, be approved subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Niagara District Health Unit, .and .the Liquor Licensing Board of Ontario, Carried Unanimously, 3 -3- No. 208 - Cyanamid Canada Inc. - Re: Retirement Party - August 9, 1985. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Kerrio, that the request of the employees of Cyanamid Canada Inc. for a special occasion permit for a retirement party to be held on Friday, August 9th, 1985, at Stamford Centre Firemens' Park. Niagara Falls, be approved subject to the approval of the Regional Police Department~ the Niagara Falls Fire Department, the Niagara District Health Unit, and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 209 - Niagara Fastball Association - Re: Fastball Tournament - July 18 - 21, 1985. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Rinsperger, seconded by Alderman Kerrio, that the request of the Niagara Fastball Association for a special occasion permit for their annual Fastball Tournament to be held on July 18th, 19th, 20th, and 21st, 1985, at Ker Park, Niagara Falls, be approved subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Niagara District Health Unit, and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 210 - Niagara Regional Police Fastball Tournament - Re: 14th Annual Invitational All Police Fastball Tournament - September 6 - 8, 1985. The com- munication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Hingperger, seconded by Alderman Kerrio, that the request of the Niagara Regional Fastball Team for a special occasion permit for their 14th Annual Invitational All Police Fastball Tournament to be held on September 6th, 7th, and 8th, 1985, at Ker Park, Niagara Falls, be approved subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Niagara District Health Unit, and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 211 - Niagara Falls Family Y.M.C.A. - Re: Walk-a-Thon - September 28, 1985. The communication requests permission of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the request be approved subject to the approval of the Regional Municipality of Niagara. Carried Unanimously. No. 212 - Operation Blessing - Re: 4617 Erie Avenue. The communication requests information regarding the aforementioned premises. The City Clerk advised that the City owned building on the subject land had been leased to the Salvation Army as a Thriftshop for $225.00 per month, however, on January 1, 1985, the rental rate was reduced to $1.00 per year at the request of the Salvation Army and has since been used as a Drop-In Centre. The Clerk further advised that the operation had become too expensive and had closed several weeks ago, but that a new Captain was expected in the area, was interested in a Centre, and might wish to re-open it. ORDERED on the motion of Alderman Cummings, seconded by Alderman 0rr, that the communication be tabled until July 15th, 1985. Carried Unanimously. No. 21~ - Downtown Board of Management - Re: Children's Festival - July 20, 1985. The communication requests permission to use the Centennial Square for the event. ORDERED on the matron of Alderman Merrett, seconded by Alderman Orr, that the request be approved in principle and referr~ to Staff to work out the details. Carried Unanimously. No. 214 - Student Administrative Council, Niagara College - Re: Shinerams for Cystfc Fibfoals. The communication requests that Saturday, September 28th, 1985 be proclaimed "ShineramaDay" in the City of Niagara Falls. Alderman Orr declared a conflict of interest because she is employed by the College. It was moved by of Alderman Cummings, seconded by Alderman January, that the request be granted subject to established policy. The motion C~rri.~d with Alderman Orr abstaining on a previously recorded conflict d interest, and all others voting in fayour. No 215 - Town of Deep River - Re: Proposed funding cuts to A.E.C.L. Research. The commuunication discusses the funding cuts to the A.E.C.L. Research at Chalk River and elsewhere, and asks that the local Member of Parliament be apprised of the concerns expressed therein, , . . , 4 -4- ORDERED on the motion of Alderman Cheesman, seconded by Alderman Puttick, that the communication be received and referred to the Economic Development Agency, the Minister of Finance and Mr, Rob Nicholson, M.P., for comments. Carried Unanimously. REPORTS No. 307 - Chief Administrative Officer - Re: Grow Rich Recycling Systems Application for a Certificate of Approval for a Waste Disposal Site - Northeast Intersection of Garner & Chippaws Creek Roads, City of Niagara Falls. The report recommends the following: In response to the request of the Ministry of the Environment dated June 6, 1985, to comment on the above-referenced proposal, the City of Niagara Falls re- quests that any approvals granted by the Ministry of the Environment for the tomposting/recycling of by-product feed stocks from agricultural operations and Ontario Paper for the manufacture of fertilizer be confined to that area of the subject property zoned Heavy Industrial. Mr. Pierre Philippe, President- and Mr. Carl Gloss, Vice-President of Grow Rich Recycling Systems Ltd., were in attendance at the meeting and responded to questions raised regarding the type of material used, ditching of the site and the installation of a lagoon. Mr. Gloss advised that any run-off would be con- tained within the site. A discussion was held with respect to a similar facility owned by the company in Windsor, Mr. Gloss stated that he has letters from the City of Windsor ~hich could respond to questions raised. Mr, Charles Chataway, Director of Economic Development, Niagara Falls Economic Development Agency, advised that he had not been in verbal contact with officials in Windsor regarding the recycling operation in that City. However, he stated that information had been received from the Ministry of the Environ- ment, the Ministry of Agriculture, and the Mayor's office in Windsor advising that "they have no concerns regarding the operation". Following further discussion it was moved by Alderman Hinsperger, seconded by Alderman Chessman, that the report be received and adopted, subject to a favourable report being received from Windsor in connection with the operation of the Gro~-Rich Recycling Systems' operation in that city. The marion Carried _ with the followitlg vote: AYE: Aldermen Baker, Chessman, Coville, Binsperger, Janvary, Kerris, Merrett, Orr, and Puttick. NAYB: Alderman Cummings. No. 308 - Finance Committee - Committee Reports. The report recommends the following: 1) Banking Services for the City of Niagara Falls - That Banking Services for the City of Niagara Falls remain with the Canadian lmperial Bank of Commerce for a three year period from November let, 1985, at the terms and conditions submitted in their quotation. ORDERED on the marion of Alderman Rineperger, seconded by Alderman Chessman, that the report ha received and adopted. Carried Unanimously. 2) Rental Charges for Niagara South Arena - That the Director of Recreation be requested to review the Special Event Rental Rate Policy for all Arena facilities and to report back to the next meeting of the Finance Committee. The Chief Administrative Officer advised that the recommendation should be amended as follows: "that the reduced rate be adopted for the Miagara South Arena only and that n study be made of the other arenas with respect to this policy". A brief discussion followed regarding the implementation of the policy at all four arenas. The Recreation Director advised that the recommendation referred to "non-ice facilities". · ORDERED on the motion of Alderman Oft, seconded by Alderman Cheesman, that the amended report be received and adopted. The motion Carrind. with the following votes AYE1 Aldermen Baker, Chessman, Covllle, Htnspergers Janvary, Kerrio, Merrett, Orr, and Puttick. NAYEl Alderman Cummings. 3) 4> -5- Fitness & Health Appraisal - That the proposal to provide a fitness and health appraisal for City Employees be received and filed and that the City not participate in the program at the present time. ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. Sponsorship of students in The Terry Fox Canadian Youth Centr~ - That the request of The Terry Fox Canadian Youth Centre for sponsorship of students at the Centre be received and filed. ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the report be received and adopted. Carried UnanimouslZ~ 5) Conferences and Conventions - That the report of the Chief Administrative Officer recommending participa- tion in Conferences and Conventions for 1985 be accepted and that the per diem rate as stated in the Conference and Convention policy be reviewed by Staff in relationship to other Municipalities. ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimousl7· No. 309 - Finance Committee - Re: New Electronic Data Processing System. The report recommends that Council approve the purchase of the following: 1) A Data General Eclipse MY/8000 2 2MB mini computer with an additional 2MB of expanded memory and other peripheral equipment as follows: - 600 line per minute line printer; - 354 MB disc subsystem; - Tape drive for backup; - Battery backup; - 21 terminals; - 8 near letter quality printers; - 2 letter quality printers; P-) A CEO (office automation - word processing) software package; 3) A 4th generation language called "powerhouse"; The first two items would be purchased from the Data General Corporation and the language from Cognos Inc. Alderman Chessman commended Staff on their efforts concerning the Study of the System, advised that the purchase of the equipment would update the City's computer equipment, and further, that the present equipment would be no longer serviceable by the end of 1986. He discussed the recommendations in detail. A further discussion followed regarding the Municipal Action '85 grant and the possibility of other grants being available to assist in the purchase of the equipment · ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with the following Vote: AYE: Aldermen Baker, Chessman, Coyills, Cummings, Hinsperger, Janvary, Kerrio, .Merrett, and 0rr. NAYE: Alderman Puttick. No. 310 - Chief Administrative Officer - Re: Municipal Accounts. The report recomends that the accounts totalling $7,905,423.56 for the one week period ending June 24th, 1985s be approved by the passing of the by-law appearing later on the ageads. Alderman Chessman declared a conflict of interest on Cheque No. 9124 because his wife is employed with the organization; and on Cheque No. 9365 because he is employed by the Board. Alderman Cummings declared a conflict of interest on Cheque No. 9278 because a member of his family is involved in the program. Alderman Ninsperger declared a conflict of interest On Cheques No. 9146 and 9258 because he is employed by the Company, -6- Alderman Herrerr declared a conflict of interest on Cheque No. 9160 because he is employed in the industry. Additional information was provided on Cheque No. 9334. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Coyills, that the report be received and adopted. The motion Carried with Aldermen Chessman, Cummings, Hinsperger, and Merrett abstaining from t'he vote on Cheques No. 9124, 9365, 9278, 9146, 9258 and 9160 consecutively on conflicts of interest previously recorded; and all others voting in fayour. No. 311 - Chief Administrative Officer - Re: B.R.I.C. Application - David Stuart, 3011 Portage Road. The report recommends that Council authorize the payment of $437.50 to David W. Stuart which represents one-half the cost of restoration for the designated property known as 3011 Portage Road. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 312 - Chief Administrative Officer - Re: Lot 21 - Falls Industrial Park. The report recommends that Council authorize the sale of Lot 21, Registered Plan 243, to Can Mar Manufacturing Inc. at the purchase price of $52,264.00 subject to the conditions outlined in the report. Alderman Kerrio declared a conflict of interest because he is owner of the company involved- ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Coyills, that the report be received and adopted. The motion Carried with Alderman Kerrio abstaining from the vote on a conflict of interest previously recorded, and all others voting in favour. See By-law No. 85-121. No. 313 - Chief Administrative Officer - Re: Robinson Street Pedestrian Access to Queen Victoria Park. The report recommends that the consulting firm of Del Can Limited, be retained to produce a conceptual design for improvements to the Jolley Cut pedestrian way. ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 314 - Chief Administrative Officer - Re: Contract S.W- 12-85 - Sidewalk Construction in Moretta Subdivision - Stage I. The report recommends that the unit prices submitted by the low tendeter, Sacco Construction Compan4~Limited, for Contract S.W. 12-85, be accepted. ORDERED on the motion of Alderman CvmminSs, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 44. ~ee By-law No. 85-126. No. 315 - Recreation Commission - Re: 1985-1986 Winter Ice Schedules for Municipal Arenas. The report recomoends that the 1985-1986 Winter Schedule for the use of Municipal Arenas be approved by City Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinaperger, that the report be received and adopted. Carried Unanimously. No. 316 - Chief Administrative Officer - Re: The Buildings and Inspections Department Report for May 1985. The report provides information regarding Permits Issued and HiShlights for May 1985, as well as June Proposals. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the report be received and filed. Carried Unanimously. No. 317 - Chief Administrative Officer - Re: Site Plan Approval - Proposed 8 Unit Condominium - Portage Koad & 8wayze Drive (south east corner); The report recommends that the Council approve the site plans on display at touight's meeting, being a proposed condominium and the site servicing and 8tadinS plan being drawing number 5015-862 and the site and landscape plan, both dated June 19th, 1985, and filed with the Buildings and Inspections Department of the City of NiaSara Falls on June 20th, 19851 and that such approval be subject to the conditions outlined in the report. ORDERED on the motion Of Alderman tlerrettl seconded by Alderman Orr, that the report be received and adopted. Carried UnanimouslY. -7- No. 318 - Chief Administrative Officer - Re: Sign By-law No. 5245. The report recommends the following: 1) That Sign By-law No. 5245, 1955, be rescinded; 2) That Sign By-law No. 6661, 1964, be amended to provide that certain Tourist Establishments may only advertise on the site of the establishment. The Chief Administrative Officer and Director of Buildings & Inspections replied to questions raised with regard to the intent of the recommendations, and Section 5 of By-law No. 5245. ORDERED on the motion of Alderman Orr, seconded by Alderman Coville~ that the matter be tabled for a report from the Visitor & Convention Bureau- The motion was Defeated. on the following vote: AYE: Aldermen Coyills, Cummings, and Orr. NAYE: Aldermen Bakers Cheesman, Minsperger, Janvary, Kerrio, Merrett, and Puttick. Following further discussion it was moved by Alderman Chessman, seconded by Alderman Kerrio, that the report be received and adopted. It was further recommended that the matter be referred to Staff for a survey of industry, the publics and the Visitor & Convention Bureau for comments, and a report- Carried Unanimously. No. 319 - Chief Administrative Officer - Re: By-law No. 85-118 - Former Town- ships of Willoughby and Crowland. The report recommends the following: 1) That Council repeal By-law 85-118, and enact the supplanting by-law listed on the 1985 06 24 agenda; 2) That Council adopt the Resolution appearing on the 1985 06 24 agenda respecting the giving of any further public notice pursuant to the pro- visions of Section 34(16) of The Planning Act. Mr. Gordon Wyllie, of T. Gordon Wyllie Real Estate, expressed his concerns to Council and was assured that the matters previously discussed were still being considered. ORDERED on the motion of Alderman Coville~ seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. See Resolution No. 45. See BX-la~ No. 8'5-129., No. 320 - Chief Administrative Officer - Re: Appointment to Transit Commission. The report recommends that Council appoint a representative to the Transit Com- mission to fill the unexpired term (1985-86) of the late Mr. George Mowers. ORDERED on the motion of Alderman Cummings~ seconded by Alderman Merrett, that the application of Mr. W.W. Neeset, I.C.I.A,, be included in the list of applicants for the above mentioned position- Council was advised that ballots had been prepared with the names of the applicants for the vacant position, would be distributed, the vote taken, and by elimination the applicant with the majority vote would be appointed to the Transit Commission. After the sixth ballot His Worship Mayor Smeaton announced that Mr. Ken E. Dubois would be the new member on the Transit Commission. ORDERED on the motion of Alderman Orr, seconded by Alderman Kerrio~ that the ballots be destroyed. Carried Unanimously. ORDERED on the marion of Alderman Cummings, seconded by Alderman Kerrio, that the report be received and Mr. Ken E. Dubois be appointed to the Transit Comoiesion, Carried Unanimously. No. 321 - Chief Administrative Officer - Re: A.M.O. Conference. The report recommends that members of Council provide an indication of those wishing to attend the annual conference of the Association of Municipalities of Ontario to be held in Ottawa from AuSust 25 to 28, 1985 and also indicate if any of those planning to attend would be willing to serve on the Board of Directors. Aldermen Chessman, Janvary, and Merrett indicated a desire to attend the conference, , , , , 8 8 ORDERED on the motion of Alderman Coville, seconded by Alderman Orr, that the report be approved and appropriate revisions be made to the report on Con- ferences and Conventions to suitably accommodate the additional expenses incurred by the the two delegates provided for in the Convention report. Carried Unanimously. Alderman Chessman indicated his willingness to serve on the 1985-86 Board of Directors. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinsperger, that Alderman Cheesman be nominated for the 1985-86 Board of Directors. Carried Unanimously. No. 322 - Chief Administrative Officer - Re: Dog Control Agreement with Niagara Falls Humane Society. The report recommends that Council approve the proposed new agreement for dog control with the Niagara Falls Humane Society and pass the by-law listed on tonight*s agenda to authorize the execution of the agreement. ORDERED on the motion of Alderman Janvary, seconded by Alderman Kerrio, that the report be received and adopted. The motion Carried with the foliowinE vote: AYE: Aldermen Baker, Cheesman, Coville, Cummings, Hinsperger, Janvary~ Kerrio, Merrett, and Patrick. NAYE| Alderman 0rr. See By-law No, 85-127. RESOLUTIONS No. 44 - CUMMINGS - HINSPERGER - RESOLVED that the unit prices submitted by Sacco Construction Company Limited, for Contract S.W. 12-85 - Sidewalk Construc- tion in Moretie Subdivision - Stage I, be accepted at the low tendered amount of $49,640.50; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 45 - COVILLE - KERRI0 - RESOLVED that this Council does determine, in accordance with Sub-section 16, Section 34 of the Planning Act, 1983, that the changes in the proposed by-law to amend By-law No. 395, 1966 of the former Township of Willoughby, as amended; and By-law No. 1538 (1958) of the former Township of Crowland, as amended, do not require giving any further notice; AND the Seal of the Corporation be hereto affixed. Carried Urmnimously. No. 46 - KERRIO - BAKER - RESOLVED that a message of condolence be forwarded to the family of the late Mrs. Dorothy MacLean, a former Public Health Nurse for many years, and a highly respected member of the community; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that leave be granted to introduce the following by-laws, and the by-laws be read s first time: No. 85-121 - A by-law to authorize the sale of land in the Falls Industrial Park. (Lot 21). No. 85-122 - A by-law to authorize the execution of an agreement with Gretchen De Boer, No. 85-123 - A by-law to authorize the execution of an agreement with Michael Parrell. No. 85-124 - A by-law to authorize the execution of an agreement with Mary L. Simpson, No. 85-125. ~ A by-law to authorize the execution of an agreement with Peter. Bubic and Milissa Bubic. -9- NO. 85-126 - A by-law to authorize the execution of an agreement with Sacco Construction Limited for sidewalk construction in Moretta Subdivision - Stage I. No. 85-127 - A by-law to authorize an agreement with Niagara Falls Humane Society respecting dog control services. No. 85-128 - A by-law to amend By-law No. 3790, being a by-law for the regulation of traffic.(Public Lane/St.Lawrence & Bucklay Avenues). No. 85-129 - A by-law to amend By-law No. 395, 1966 of the former Township of WillOughby, as amended and By-law No. 1538 (1958) of the former Township of Crowland, as amended. No. 85-130 - A by-law to amend By-law No. 79-200, as amended. (Moretta Apt, building). No. 85-131 - A by-law to provide monies for general purposes, The motion Carried with Alderman Kerrio abstaining from the vote on By-law No. 85-121 on a conflict of interest previously recorded in Report No. 312; Alderman Orr voting contrary on By-law No- 85-127; Aldermen Chessman, Cummings, Hinsperger, and Merrett abstaining from the vote on By-law No. 85-131 on conflicts of interest previously recorded in Report No. 310; and all others voting in fayour. ORDERED on the motion of Alderman Covtlle, seconded by Alderman Baker, that the following by-laws be now read a second and third time: No. 85-121 - A by-law to authorize the sale of land in the Falls Industrial Park. No. 85-122 - A by-law to authorize the execution of an agreement with Gretchen De Boer. No. 85-123 - A by-law to authorize the execution of an agreement with Michael Farroll- No. 85-124 - A by-law to authorize the execution of an agreement with Mary L. Simpson. No. 85-125 - A by-law to authorize the execution of an agreement with Peter Bubic and Miliasa Bubic. No. 85-126 - A by-law to authorize the execution of an agreement with Sacco Construction Limited for sidewalk construction in Moreits Subdivision - Stage I. No. 85-127 - A by-law to authorize an agreement with Niagara Falls Humane Society respecting dog control services. No. 85-128 - A by-law to amend By-law No. 3790, being a by-law for the regulation of traffic. No. 85-129 - A by-law to amend By-law No. 395, 1966 of the former Township of Willoughby, as amended and By-law No. 1538 (1958) of the former Township of Growland, as amended. No. 85-130 - A by-law to amend By-law No, 79-200, as amended. No. 85-131 - A by-law to provide monies for general purposes. The motion Carried with Alderman Kerrio abstaining from the vote on By-law No. 85-121 on a conflict of interest previously recorded; Alderman Orr voting contrary on By-law No. 85-127; Aldermen Chessman, Cummings, Hinsperger, and Merrett abstaining from the vote on By-law No. 85-131 on conflicts of interest previously recorded; and all others voting in fayour. - l0 - NEW BUSINESS ST. CATHARINES PARACHUTE CLUB His Worship Mayor Smeaton advised that the St. Catharines Parachute Club has requested permission to stage another Parachute Jump, for the Norton Company family picnic on July 13th, 1985, over the Oaklands Trailer Park grounds. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Baker, that the request be granted subject to the approval of other authorities. Carried Unanimously, THE OPTIMIST CLUB OF NIAGARA FALLS, INC. A handout communication was received from The Optimist Club of Niagara Falls, Inc. requesting a Special Occasion Permit for the upcoming Sic-Pitch Tournament on July 26th to 28th, 1985, and the O.V. Sic-Pitch Tournament on September 5th to 8th, and 12th to 15th, 1985. ORDERED on the motion of Alderman Merrett, seconded by Alderman Chessman, that the request of the Optimist Club for a special occasion permit for their Sic-Pitch Tournament to be held on July 26th, 27th, and 28th, 1985, and their O.V. SIc-Pitch Tournament to be held on September 5th, 6th, 7th, and 8th, 1985, and September 12th, 13th, 14th, and 15th, 1985, at Palmet Park, Niagara Falls, be approved subject to the approval of the Regional Folice Department, the Niagara Falls Fire Department, the Niagara District Health Unit, and the Liquor Licensing Board of Ontario. Carried Unanimously. DWORKIN COMMUNICATIONS INC. His Worship Mayor Smeaton referred to a handout communication from Dworktn Communications Inc. which reviewed the agreements in the contract signed by the City to assist it with the May 9th press conference in Toronto, to deal with the Ontario Waste Management Corporation. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the communication be received and filed. The motion Carried with the following vote; AYE: Aldermen Baker, Cheesman, Coville, Cumm{ugS, Hinsperger, Janvary, Kerrio, Merrett, and NAYE: Alderman Puttick. OLD MONROE FRUIT STAND/THOROLD STONE ROAD Alderman Merrett discussed the condition of the property of the old Monroe Fruit Stand which had burned some time ago. The Chief Administrative Officer advised that Staff vould investigate and report. BLUE LINE ROOM FOR HALL OF FAME Alderman C.mmings referred to the possibility of the Biue Line Room at the Niagara Fails Memorial Arena being utilized for a "Hall of Fame" and advised that the matter had previously been discussed and referred to the Civic Committee for investigation. Alderman Janvary advised that additional assistance was required for this matter. His Worship Mayor Smeaton, and Alderman Cummings volunteered t?aseiet In the investigation, ~aENAS CONFERENCE/COLLINGWOOD Alderman Puttick advised that the Recreation Director would be submitting a report on the Arenas Conference recently held in Coilingwood, Ontario. Me dis- cussed the 1986 Arenas Conference to be held in Niagara Falls with the partici- pation of Your Host Motor Hotel, and an anticipated capacity attendance, ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the Recreation Director be asked to co-ordinate the applications. and arrange- ments for the 1986 Conference, Carried Unanimously, ROADS/CROWLAND TOWNSHIP Alderman Covllle requested information regarding the tarring of the roads in Crowland Township, The Director of Municipal Works advised that he would investigate the matter and report. . . , . ll - 11 - VISIT TO BERLIN, GERMANY Alderman Cheeeman advised that he would be visiting Berlin, Germany in connection with the Ministry of Education and with several other teachers. He requested the permission of Council to take a few mementoes and a gift for the Mayor. His Worship Mayor Smeaton advised that he would be happy to provide a letter and the requested gifts from his office. CANADA ~aY EELEBRATIONS Alderman Janvary reviewed the schedule of events for the Canada Day Celebrations on Monday, July let, 1985, and requested volunteers for the occasion. PEOPLE MOVER SYSTEM Alderman Cummings discussed the expressions of concern he has received with respect to the People Mover System. Alderman Merrett advised that he has dis- cussed the concerns with the Niagara Parks Commission who intend to do an evaluation of the system after the July 1st week-end. Alderman Merrett further advised that he would be submitting a report on the matter. Aldermen Kerrio, and err retired from the meeting. CONGRATULATIONS TO ORGANIZERS OF MOLSONS SLO-PITCH - AND - NIAGARA PARKS COMMISSION PICNIC In response to Alderman Janvary*s suggestion, Mayor Smeaton advised that he would be forwarding letters of congratulations to the aforementioned organiza- tions for the successful events of the past week-end. ****** It was moved by Alderman Chessman, seconded by Alderman Kettle, that Council adjourn to Committee of the Whole. Carx s~. Committee Room #1 June 24, 1985 Council met on Monday, June 24th, 1985, at 9:30 p.m. in Committee of the Whole following a regular meeting. All members of Council were present with the exception of Aldermen Keighan, Kerrio,-Orr, and Somerville. Alderman Merrett presided as Chairman. Following consideration of the arose withou~ reporting. ~ented, the Committee of the Whole SMEATON Council Chambers June 24, 1984 Council reconvened in formal session on Monday, June 24th, 1985, following a meeting in Committee of the Whole, All members of Council were present with the · . , , 12 - 12 - exception of Alderman Keighan, and Somerville. presided as Chairman. The meeting adjourned. RE, OPTED, TWENTY-THIRD MEETING His Worship Mayor Smeaton SPECIAL MEETING Council Chambers July 8, 1985 Council met on Monday, July 8th, 1985, at 4:30 p.m. for the purpose of passing a resolution. All members of Council were present with the exception of His Worship Mayor William Smeaton, and Aldermen Baker, Cheesman, Kerrio, Puttick, and Somerville. The City Clerk requested a motion for the appointment of an Acting Mayor in the absence of His Worship Mayor Smeaton. RESOLUTION No. 47 - MERRETT - HINSPERGER - RESOLVED that Alderman Paisley Janvary be appointed Acting Mayor in the absence of His Worship Mayor William S- Smeaton, from Sunday, July 7th, 1985, to Saturday, July 13th, 1985, inclusive; AND the Seal of the Corporation be hereto affixed, Carried Unanimously. READ AND ~ADOPTED, . ~/~/~/' CLERK 5c./ It was moved by Alderman Merrett econded by Alderman Cummings, that Council adjourn to Committee of ~~~Carried Unanimously. .... ACTING MAYOR PAISLEY JANVARY / , .W~OLE Council Chambers July 8, 1985 Council met on Monday, July 8th, 1985, at 4:35 p.m. in Committee of the Whole following a Special Meeting. All members of Council were present with the exception of His Worship Mayor Smeaton, and Aldermen Baker, Cheesman, Kerrio, Puttick, and Somerville. Her Worship Acting Mayor Paisley Janvary presided as Chairman. arose without reporting. ,- m CLERK _. Following consideration of the_~N~m~en_ted, the Committee of the Whole ACTING MAYOR Council Chambers July 8, 1985 Council reconvened in formal session on Monday, July 8th, 1985, following a meeting in Committee of the Whole. All members of Council were present with the exception of His Worship Mayor Smeatons and Aldermen Bakers Chessman, Coville, Kerrio, Puttick, and Somerville. Her WoEship Acting Mayor Paisley Janvary presided as Chairman. ~& A4 The meetin8 adjourned. ~ READ AND PTED, ERE TWENTY-FOURTH MEETING Committee Room ~1 July 15, 1985 Council met on Monday, July 15th, 1985, at 7:15 p.m. in Committee of the Whole. All members of Council were present with the exception of Aldermen Chessman, and Hinsperger, Alderman Orr presided as Chairman. Following consideration of the t e resented the Committee of the Whole arose without reporting. ~ READ_AND:ADO D, 7 , I,., . L~ PLAN~I,N. ~ -~ETING Council Chambers July 15, 1985 Council met on Monday, July 15th, 1985, at 7:30 p.m. for the purpose of considering Planning Matters and regular business. All members of Council were present with the exception of Aldermen Cheesman, and Hinsperger. His Worship Mayor Smeaton presided as Chairman. Alderman Cummings offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the minutes of the meetings dated June 24th, and July 8th, 1985, be adopted as printed. Carried Unanimously. PRESENTATIONS FRIENDS OF HERITAGE AWARDS His Worship'Mayor Smeaton discussed the Friends of Heritage program wherein approximatly 300 municipal governments have nominated community residents, businesses and organizations to receive Friends of Heritage certificates for their contributions to local natural, historic or artistic heritage. The ~ecognition of 'local contributiens to heritage conservation is part 0f:t~e ': celebration for Canada's National'Parks Centennial'year. His Worship Mayor SmeatOn congratulated hnd presented a Friends of Heritage Certificate and pin to Mrs. Margaret A. Tabaka, who represented the Lundy's Lane Historical Society. His Worship Mayor ~meaton presented a Friends of Heritage Certificate and' =pin to MrS~ Ursula M.'lBienzeisler, representative of the Willoughby Historic?l Museum, with congratulations. REPORTS - PLANNING MATTERS ' No. 323 - (PD/77/85) - Chief Administrative Officer - Re: AM-6/85 Zoning Amendment Application; Pilgrim Motor Inn, 4~b Clifton Hill and Lot 1361R.P. 1002, North side of Ellen Avenue. The report recommends the following: 1) That Council support the proposed amendment to By-law 79-200 as detailed in Planning Department Reports PD/73/85 and PD/77/85; 2) That Council direct Staff to prepare the required Zoning By-law amendment for enactment at a subsequent Council meeting; 3) That a Site Plan Agreement be prepared for Council's approval for the Ellen Avenue parking lot, prior to the enactment of the Zoning By-law amendment. Hi~'Worship Mayor'Smeaton' declared the PubliC.Meeting open 'and exp'lained the procedure under the new Planning Act. ' The City Clerk advised that the proposal to amend By-law 79-200 was respecting two parcels of land, one being located on Clifton Hill, and the other on Ellen Avenue. 'He further advised that By-law 79-200 provides that all of the required parking be provided for on site, whereas the amending by-law proposes that the provision of parking not be provided for on the same site as the development (i.e., the Pilgrim Motor Inn), and further, that the zoning amend- ment is to provide site specific standards respecting parking space dimensions and maneuverability regarding aisle width~ for the parking area on Ell n Avenue, The Clerk stated that the NotiCe~ 'o~the ~ublic Meetin~ had' ~eeh forwarded by first class mail on Jnne 12th, 1985. I n response to Mayor gmeaton's request Mr, D- Marineill, Solicitor, indicated his presence on behalf of the applicant, and other persons indicated their interest in this matter. His Worship Mayor Smeaton requested that any interested persons should leave their names and addresses with the Clerk prior to lea:.~g t~he,~ng. ~ · The Senior Planner explained the purpose of the proposed amendment, indicating the subject property with the assistance of posted sketches. He discussed infor~tion contained in the Technical Report regarding conformity with the Official Plan, and the Tourjam Study, as well as the Zoning Review, the existing land uses, the Application Assessment and Site Plan Review. The Senior Planner discussed the proposed exchange of lands with the City respecting the parking lot on Ellen Avenue. Mr. Marineill, Solicitor, stated that this was a "housekeeping situation" and offered to answer any questions- There was no response to Mayor Smea~0n'S request for questions and comments. His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Kerris, seconded by Alderman Herrerr, that the report be received and adopted. Carried Unanimously. No. 324 - (PD/76/85) - Chief Administrative Officer - Re: AM-7/85 Zoning Amendment Application. Applicant: J. & P. Calabrese, 5438,..~0~.~ 5~qS,.and 5510 Lewis Avenue. The report ~ecommends'the following:I ' 1) That Council support the proposed amendment Its .By-law-7~-200 as detailed in Planning Department Reports PD/74/85, and PD/76/84; 2) That Council direct Staff to prep'are 'the required Zoning By-lawAmendment and Site Plan Control By-law for enactment at a .SUbsequent ~o~ncil meeting. His Worship Mayo~ Smeaton declared the. P~b~iq,~eting,°P~n,,a~d exp~,tned the procedure under the new Planning Act. ,, .... The City Clerk advised that the intent and purpose of the By-law amendment was, by site spectftd *Z'0ning ~ro~st0ns, to permit 'an bnlargement of th~ la'nd~ to facilitate an addition to expand the existing food store (Geppt~ 8) and, to extend a second storey dwelling unit. He further advised that site specific regulations respecting a front yard setback and interior side yards would be provided as well as on-site parking provisions. The Senior Planner explained the purpose of the Public Meeting, and reviewed ~he proposal with the assistance of posted sketches. Me iscussed the Official Plea conformity, zeaing, surrounding a.d ses, and additLnal informatio rained in the Technical Report. His Worship Mayor Seeston received a negative response to a request for an indication of the presences at the meetings of persons other than the applicant in support of. or opposed to. the proposal, M~.' Olno Romeo, advised.-ths~. he 'V~$? ~F~ese~t~r~ the. ,;pp~a~ .an~,'~ to reply to any questions raised- Since no further discussion yes required Mayor~Smeaton d~cla~ the ~ublic Meeting closed. ORDERED on the motion of Alderman Kettle, seconded by ~derman Somer~ille, that the report be received and adopted., Carried Unanimously. No. 325 - (PD/75/85) - Chief Administrative Officer - Re: AM-17/8~ Zoning By-lay ~mendment~ Forest Glen Estates ~Niagera) htd. The report recommends the '1) iThat Council support the proposed amendment to By-law 79-200 (as amended) as detailed in Planning Departsent Report pD/13/85, and PD/16/85; 2) That Council enact tile By-law listed on the 1985 07 15 agenda. -3- The Clerk explained that this application had been considered previously at a Public Meeting, and that the by-law was listed on the current agenda for approval. His Worship Mayor Smeaton reviewed the recommendations in the report. ORDERED on the motion of Alderman Keighan, seconded by Alderman Somerville, that the report be received and adopted. Carried Unanimou~M- "' S~e By-l~w No. 8~-133, No. 326 - (PD/72/85) - Hazardous Waste Steering Committee - Re: Letter and Report from Town of Lincoln. The report recommends that Council endorse the re- commendations of the attached Hazardous Waste Steering Committee report, namely that Council: t) acknowledge receipt of the letter and report from the Town of Lincoln and offer a statement of support regarding our common concerns for transports- ion risks and incinerator stack air pollution; 2) further support the Town of Lincoln by also asking the OWMC for answers to the mine questions listed in the Lincoln report; and 3) forward copies of the Committee report, along with the City's reply to the Regional Municipality of Niagara, the local municipalities of Niagara, the OWMC and the Minister of the Environment. ORDERED on the motion of Alderman Coville, seconded by Alderman err, that the report be received and adopted. Carried Unanimous~.. DEPUTATION HAWKER & PEDLAR LICENCE Mr. A1 MacBain, Q.C., advised that his client, Mr. Joe Moretta, who owns the former Beaver Lumber building on Drummond Road presently assessed residential for tax purposes, proposes to establish a Flea Market in the building on week-ends. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coyills, that the matter be referred to Staff fur an investigation and report in two weeks. Carried Unanimously. UNFINISHED BUSINESS THE SALVATION ARMY - NIAGARA FALLS CITADEL - -'OPERATION 'BLESSING - 4617 'ERIE AVENUE Communication No- 216 - Niagara Falls Citadel, 'The Salvation ArmX - Re: Operation Blessing. The communication advises that the city dwn~'d building at 4617 Erie Avenue w~ll probably not be required by the Salvation Army, but that Operation Blessing, a ministry of the 700 Club, might be able to make good use of the building. ORDERED on the motion of Alderman C,,mmings, seconded by Alderman Kettle, that the matter be referred to Staff for a report, Carried Unan, tmously, .ONTARIO ARENAS ASSOCIATION CONFERENCE - REPORT OF ALDERMAN'PUTTICK& RECREATION DIRECTOR Report No. 327 - Alderman Puttick & Recreation Director - Re: Ontario Arenas Association Conference, June ZO, 1985, in ColIingwoo,~Ontarto. The report discusses Seminars held at the Conference in connection with "Granttam", and "Risk Management"; reviewed information regarding a display for the 1986 Conference in Nlagara Falls; and recommends that the report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted with thanks. Carried ~nantmoq~ly.. CO~g~jNICATIONS No. 217 - Nta are'Falls'Economic'DeveloPment Agency - Re: Annual Recognition Procedure. ~e communication requests the support and endorsement of City Council w~th respect to an annual recognition procedure for the economic community, Mr, William G, Brooks, President of the Niagara Falls Economic Development Agency, discussed the mandate glveu to the Agency~ and its responsibility for development of Niagara Falls in all areas. He explained the purpose of an annual recognition evening which has been tentatively scheduled for October, ORDEKED on the motion of Alderman Cumaings, seconded by Alderman Herrerr, that the communication be received and the request approved in principle. Carried Unanimously. No. 218 - Club Italic - Re| Property Taxes. The communication requests Council in Club Itslid s property taxes. tO consider a reducefen ' ORDERED on the marion of Alderman Cummings, seconded by Alderman Coyills, that the communication be received and referred to the Finance Committee for consideration, Carried Unanimously. o , . , 4 -4- Monthly Report for 5 communication attaches report DEP-2206 containing the aforementioned data. Alderman Cummings requested that the information concerning the comparative statistics between Niagara Falls and St. Catharines, discussed at a former meeting, be submitted as soon as possible. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Merrett~ that the communication be received and filed. Carried Unanimously. No. 220 - RegionalNiagara'Public-Works'Department - Re: First Quarter 1985 Building Perm/t Activity. The communication attaches Report DF85-54 regarding the above mentioned Activity. ORDERED on the motion of Alderman Coyills, seconded by Alderman Orr, that the communication be received and filed, and further, that this matter be referred to the Niagara Falls Economic Development Agency for comments. Carried Unanimously. No. 221 - Minister of Municf aI'Affairs &Housing - Re: Municipal Energy Audit Program. The communication ~tscusses the aforementioned 3 year program to help municipalities off-set the costs of employing energy auditors and administering their audit programs. ORDERED on the motion of Alderman C~mmtngs, seconded by Alderman Merrett, that the communication be referred to Staff for comments. Carried-Unanimously. No. 222 - Danny D'Addio - Re: Terry Fox Run - September 15, 1985. The commun- ication requests the support and approval of City Council with respect to the aforementioned event. ORDERED on the motion of Alderman C-mminge, seconded by Alderman Somerville, that the communication be received and the request approved, and further~ that the matter be referred to SCarf to assist in co-ordinating the event. Carried Unanimously. No. 223 - Indian Defense League of America - Re: Annual Border Crossing Parade - July 20th, 19~5. The communication requests a Parade FormiC. ORDERED on the motion of Alderman Cummingss seconded by Alderman Janvarys that the communication be received and the request granted subject to the approval of the Regional Municipality of Niagara. Carried Unanimously. No. 22~ - Niagara Falls Ladies Fastball Lea ue - Re: Annual Tournament - July 26th to 28th, ~Bb at Ker Park. The commun~cation requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Merrett, seconded by Alderman C-...tnge, that the request of the Niagara Falls Ladies Fastball League for a special occasion permit for their Anus1 Tournament to be held ou July 26th~ 27th, and 28th, 1985, at Ker Park~ Niagara Pallea be approved subject to the approval of the Regional Police Department, the Niagara Falls Fire Department~ the Niagara District Health Unit, and the Liquor Licensing Board of Ontario. Carried Unanimously. No- 225 - Local 114 - Letter Carrier'Unionof Thorold - Re: Slo-Pitch Tournament - August Z~th, and Zbth, ~Ogb. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman C-mmtnge, seconded by Alderman Orr, that the request of Local 114 Letter Carrier Union of Thorold, for a special occasioo permit for their Slo-Pitch Tournament to be held on August 24th and 25th, 1985, at the Niagara Sports Centre, Niagara Falls, be approved~subJect to the approval of the Regional Police Department, the Niagara Falls Fire Departments the Niagara District Health Unite and the Liquor Licensing Board of Ontario. Carried'Unanimously. No. 226 - Central Ontario Disaster Relief Committee - Re: Tornado in South Central Ontario. The communication requests the support of City Council in its fund raising efforts for the tornado victims. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, Chat the communication be received and referred to the Finance Comm~ttee for consideration. Carried Unanimously. No. 227 - Cit ofeloucester - Re: Donation by Gloucester to Canadian Red Cross for tornado cv[ctims. The communication requests suppor~ of its resolution to make a donation regardinS the above named. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the communication be received and referred to the Finance Commit~.ee for consideration. Carried'Unanimously. · No. 228 - Essex Count Flood Disaster Relief Co~mittee - - communication requests financial OIU)BRED o~ the motion of Aldermsn Merrett, seconded by Alderman Cumminge, that the communication be received and referred to the Fimamce Committie for consideration. CarriedUnanimously; - . - 5 - No. 229 - City of Sudbury - Re: proposed Amendments to The Off-Road Vehicles Act. The communication attaches a copy of a Resolution concerning the above mentioned and requests the endorsement of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and referred to Staff and the Recreation Commission for comments. Carried Unanimously. No. 230 - Buffalo/Niagara Palls International Marathon - Re: "Niagara Palls Marathon Week". ~[he communication requests that Cou~il proclaim the week of September 15th to 21st, 1985, "Niagara Palls Marathon Week". ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the request be granted subject to established policy. Carried Unanimously. No. 231 - The Muscular Dystro hy Association of Canada - Re: Jerry Lewis Labour Day Telethon- ~fhe communicat~on requests that the lg~5 Labour Day Week-end of August 3let to September 3rd, 1985, be proclaimed "Muscular Dyetrophy Week-end" in Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan, that the request be granted subject to established policy. Carried Unanimously% No. 232 - John P. Morrissoy - Re: Toronto-Niagara Ferry. The communication requests the support of Council with respect to a request to the Canadian Government for "Special Permission" to operate a U.S. Passenger Ferry between Toronto and Niagara-on-the-Lake, Ontario, with a shuttle bus service to Niagara Falls, Ontario. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the request be approved. Carried Unanimously- No. 233 - Downtown Board of Management - Re: Flea Market - August 3, 1985. The communication requests the approval oi Council for a Flea Market on Saturday, August 3rd, 1985, in the Farmer's Market stalls. During the discussion, concern was expressed that the names of participating organizations be eubmitted, and further+ that only local people be involved in the event. ORDERED on the motion of Alderman Coville, seconded by Alderman Kerrio, that the communication he received and the request approved. It was further recommended that the Downtown Board of Management co-ordinate the event with City Staff. Carried Unanimously. B.I.A. PRIDE Awards. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the communication be received and referred to Staff to co-ordinate with the B.I.A.s. Carried Unanimously. No. 235 - John Broderick, Solicitor - Re: Henri's Motel - 4671 River Road. The communication advises that Mr. and ~rs. Edward Mulligan, clients of the law firm are disturbed regarding the height of the wall being constructed between the 'Motel and Queen Street ~nd asks that Council considerreduciRB the height of the wall. His Worship Mayor Smeaton discussed a visit to the site earlier this evening which had been artended by the owners of the motel, Council and City Staff- He advised that a meeting is being set up between the owners of that motel and an adjacent motel, the Contractor, the Architect, Council, and appropriate City Staff, for an early resolution to the problem. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Cummings, that the communication be tabled. Carried Unanimously. REPORTS No. 328 - Chief Administrative Officer - Re: Application from the Y.M.C.A..The report recommends Chat Council approve the attached application from the Y.M.C.A. to the Ontario Government for an Ontario Youth Opportunities Grant. ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan, that the repor~ be received and adopted. Carried Unanimously. .No. 329 - Chief Administrative Officer - Re: Crossing Guard for Lions Club Pool "at Drummond Road and Scott Street. The report recommends that a crossing guard be posted at Drummond Road and Scott Street during the daytime only, for the s~mmer. Alderman C,,mmtngs declared a conflict of interest because a member of his family is involved in the program. 6 ORDERED on the motion of Aidemort Merrett, seconded by Alderman Coyills, that the report be received and adopted. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interTpreviously recorded, and all others voting in fayour. No. 330 - Chief Administrative Officer - Re: Pipe Crossing Agreement with Rail for the Installation of a 3UU mmDiameter Watermain at Victoria Avenue and Bridge Street, The report recommends that the by-law appearing on tonight's Council agenda be given the necessary readings to authorize the execution of a Pipe Crossing Agreement with C.P. Rail for the above referenced works. ODERED on the mot'ion of Alderman Cummings, seconded by Aidernun Janvary, that the report be received and adopted? Carried Unanimously. See By-law No. 85-135. No. 331 - Chief Administrative Officer - Re: 1985 New Equipment Purchases - Vehicles. The report recommends that Staff be authorized to purchase the various pieces of equipment described in Appendix "A", and having a total value of $811,618.46, from the bidders also shown on Appendix "A" of this report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville, that the [sport be received and adopted. Carried Unanimously. See Resolution No. 48. No. 332 - Chief Administrative Officer - Re: Taxi Stand - Greater Niagara General Hospital. The report recommends that a one-vehicle taxi stand be established on the east side of Portage Road from a point 56.5 metres north of the north curb line of North Street to a point 61.5 metrag north of the north curb line on North Street, and further, since this portion of Portage Road is a Regional Road, that this recommendation be forwarded to the Regional Municipal- ity of Niagara for approval. ORDERED on the motion of Alderman Merrett, seconded by Alderman Coyills, that the report be received and adopted. Carried Unanimously. No. 333 - Chief Administrative Officer - Re: Residential Rehabilitation Assist- ance Program CR.N-K-P-). The report recommends that no further homeowner R.R.A.P. applications be accepted at this time. ORDERED on the motion of Alderman Co~ille~ seconded by Alderman Cummi,ngs, that the report be received and adopted. Carried Unanimously. No. 334 - Chief Administrative Officer - Re: Site Plan Approval - Proposed St. Mar's y Ukrainlan Catholic Church Bull~ing, 6248 Main Street. The report recom- mends that the Council approve the site plan on display at tonight's meeting, being a proposed church building, and the site plan being a drawing number'1 dated March, 1985 as revised, and filed with the Buildings and Inspections Department of the City of Niagara Palls on July 12th, 1985, and that such. approval be subject to the conditions outlined in the report. ORDERED on the motion of AIdernun Merrett, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously, No. 335 - Chief Administrative Officer - Re: Site Plan Approval - Propose~d 35 Unit Apartment Building, Kalar Road (east side south of Westwood Street). The report recommends that the Council approve the site plan on display at tOnight's meeting, being a proposed apartment building, and the site plan being drawing number A1 dated March 19th, 1985, and the site plan being drawing .number SP-M-1 and the landscape plan being drawing number L1, and filed with the Buildings and Inspections Department of the City of Niagara Palls on July llth, 1985, and that such approval be subject to the conditions outlined in the report. Alderman Kerrio declared a conflict of interest because he recently sold the property and is holding financing on it. ORDERED on the mmtion of Alderman Cummings, seconded by Aldernun January, that the report be received and adopted, The motion Carried with Alderman Kerrio abstaining from the v~te qna conflict o~ interest previously recorded, and all others voting in fayour. . . . . No. 336 - Chief Administrative Officer - Re: Proposed Sale of Walkway 74(4) between Fairfield Place and the-Easterly Limit of Plan M-61, The report recommends that Council take the following action With .respect to the proposed sale of the above walkway which Was closed last year by By-law No. 84-212; and, · 1) Faes theby-law appearing on t~night's 'agenda to authorize' an agreemen the abutting owners respecting the sale of parts of the walkway; 2) Authorize the Cit Solicitor to proceed with the publication in the Niagara Falls Review of t~e required notice of 'a by-law to authorize the sale of the ,w~lkw~y · 3) Authorize the City Solicitor to instruct Matthews & Cameron Ltd., Ontario Land Surveyors, to undertake the preparation and deposit of a reference plan in the Land Registry Office showing the walkway divided into two parts. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimousl,~. See B~-law No. 85-134. No. 337 - Chief Administrative Officer - Re: Proposed Sale of Property to Bell Canada, The report recommends that Council authorize the sale of a 60 foot by 100 foot parcel of land located on the east side of Montrose Road, south of the Welland River, to Bell Canada for $600.00 and provide a 10 foot easement to the Q.E.W. During the discussion questions were raised with respect to a no charge number between City Hall and the former Township of Crowland, It was suggested that this matter be explored further. ORDERED on the motion of Alderman Kerrto, seconded by Aldermen Coyills, that the report be received and adopted. Carried Unanimously_-.. No. 338 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $9,427,835.84 for the three week period ending July 15th, 1985, be approved by the passing of the by-law appearing later on the agenda. Alderman Cummings declared a conflict of interest on Cheque No. 9401 because he is employed by the company; and on Cheque No. 9559 because a member of his family is involved in the program. Alderman Keighan declared a conflict of interest on Cheque No. 9403 and 9698 because family members have an interest. Additional information was provided on Gheques No. 9434, 9468, 9614, and 9725. ORDERED on the motion of Alderman Janvary~ seconded by Alderman Kerrio, that the report be received and adopted. The motion Carried with Aldermen Cummings, and KeiShau abstaining from the vote on Cheques No. 9~dl, 9559, 9403, and 9698, consecutively, on conflicts of interest previously recorded; and all others voting in favour. the sib of recognizing the important contribution made to the community by the late Alonzo B. Robertson, and recommends that the request of Mr. A. Blake Robertson to change the name of the unopened road allowance in Plan 9 (New Plan 342) from Ussher Street to Robertson Place, be approved, and that our Legal Department commence with the preparation of a by-law and the advertising that is required by legislation with respect to the changing of street names. It was further recommended that Council express their commendation to Mr. A. Blake Robertson for the excellent manner in which he has placed in print the accom- plishments of his father, and our commendation and appreciation to the family for the contribution made by the late Mr. Alonzo B. Robertson. His Worship Mayor Smeaton expressed appreciation on behalf of Council to Mr, A. Blake Robertson who was in attendance at the meeting. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously- No. 340 - Chief Administrative Officer - Re: Inspector, Licensed Lottery Operation. The report recommends that Council approve the by-law appearing on tonight's agenda, to authorize a six month employment contract with Mr. Arthur Clark as Inspector, Licensed Lottery Operations. Aldernun Cumminss declared a conflict of interest because he is a member of an Association which nuy be affected. ORDERED on the mmtion of Alderman Kerrio, seconded by Alderman January, that the report be received and adopted. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interes'~'F~iouslY recorded, and all others voting in favour. See B~-law No. 85-136. No. 341 - Chief Administrative Officer - Re= Town of Niagara-on-the-Lake and Maintenance of the Four Mile Creek Drain. The report recommends the following| 1) That members of Council note that the Town of Niagara-on-the-Lake proposes to undertake maintenance work on the Four Mile Creek Drain this year and to charge part of the cost against lands and roads in Niagara Falls; F -8- 2) That this report be received and filed. ORDERED on the motion of Aldermau err, seconded by Alderman Janvary, that the report be received and adopted- Carried Unanimously. No. 342 - Alderman Keighan - Re: Ontario Waste Managemeut Corporation. The report recommends that Council favourably consider the following proposed resolution: THAT the uewly created Provincial Government of Ontario be requested to put a hold on the proceedings surrounding the establishment of toxic waste dis- posal facilities and site selection processes for a period of time sufficient to allow the new Government to completely re-assess this whole matter of toxic industrial waste, and determine what it is that we are' trying to accomplish, and establish the direction that must be taken to arrive at a successful conclusion to this most important question in the best interests of all concerned; AND PUKTHEH, should Couucil support this resolution, that the Hnnourable Viucent Kerrin, M.P-P. be requested to submit this resolution to the Premier of Ontario aud the Ministry of the Environment- A discussion followed Alderman Keighan's submission of additional comments in connection with the aforementioned, which included the suggestion that research be made of alternative methods possible for the O.W.N,C. to carry eat its undertaking; as wall as available funding to cover legal expenses. Alderman puttick suggested that an additional two weeks be taken to give the new Provincial Government opportunity to consider the matter, and to allow Council time'to consider the resolution. ORDERED on the motion of Alderman Keighan, seconded by Alderman Cummings, that the recommendation be adopted, The motion Carrie~ with the following vote: AYE: Aldermen Baker, Coyills, C,mminge~ Janvary, Keighan~ Kettle, Netfelt, Orr, and Somerville. NAYE: Alderman Puttick. - ' ' ' ' Resolution No. 49. , RESOLUTIONS No. 48 - CUMMINGS - SOMERVILLE - RESOLVED that the unit prices submitted for 1985 new equipment purchases - vehicles, and having a total value of $811,618.46, be accepted as specified on Appendix "A" attached hereto; AND the Seal of the Corporation be hereto affixed- Carried Unanimously. "'.ORDERED on the motion of Alderman Baker, seconded by Alderman Keighan, that leave be granted to introduce the following by-laws, and the by-laws be read, a first timel · ? · · 9 No. 49 - KEIGHAN - CUMMINGS - RESOLVED that the newly created Provincial Govern- ment of Ontario be requested to put a hold on the proceedings surrounding the establishment of toxic waste disposal facilities and site selection processes for a period of time sufficient to allow the new Government to completely re-assess this whole matter of toxic industrial waste, and determine what it is that we are trying to accomplishs and establish the direction that must be taken to arrive at a successful conclusion to this most important question in the best interests of all concerned; AND BE IT FURTHER RESOLVED that the Honourable Vincent Kettle, M.P.F- be requested to submit this resolution to the Premier of 0ntario~ and the Ministry of the Environment; AND the Seal of the Corporation be hereto affixed. The motion Carried with Alderman Puttick voting contrary, and all others voting in layout. No. 50 - CU~4INGS -ORR - RESOLVED that Alderman Thomas Somerville be appointed Acting Mayor in the absence of His Worship Mayor William S. gmeaton, from Sunday, July 21st, 1985, to Saturday, July 27ths 1985, inclusive; 'AND the, Seal of the Corporation be hereto'affixed, .... ' ....... Carried Unanimously. -9- No. 85-132 - A by-law to amend By-law No. 85-5, as amended, to provide for appointments to certain Boards, Commissions and Committees. No. 85-133 - A by-law to amend By-law No. 79-200, as amended. (Forest Glen Estates). No. 85-134 - A by-law to authorize an agreement with the owners of land abutting the public walkway between Fairfield Place and the easterly ~imit of Registered Plan Fr61. No. 85-135 - A by-law to authorize the execution of a pipe crossing agreement with C.P. Rail (CA~O) Railway Company. No. 85-136 - A by-law to authorize the execution of an agreement with Arthur Clark. No. 85-137 - A by-law to provide monies for general purposes. The motion Carried with Alderman Cummings abstaining from the vote on By-law No. 85-136, on a conflict of interest previously recorded in Report No. 340; Aldermen Cummings, and Keighan, abstaining from the vote on By-law No. 85-137, on conflicts of interest previously recorded in Report No. 338; and all others voting in fayour. ORDERED on the motion of Alderman Marfelt, seconded by Alderman Janvary, that the following by-laws be now read a second and third time: No. 85-132 - A by-law to amend By-law No. 85-5, as amended, to provide for appointments to certain Boards, Commissions and Committees. No. 85-133 - A by-law to amend By-law No. 79-200, as amended. No. 85-134 - A by-law to authorize an agreement with the owners of land abutting the public walkway between Fairfield Place and the easterly limit of Registered Plan M-61. No. 85-135 - A by-law to authorize the execution of a pipe crossing agreement with C.P. Rail (CASO) Railway Company. No. 85-136 - A by-law to authorize the execution of an agreement with Arthur Clark. No. 85-137 - A by-law to provide monies for general purposes. The motion Carried with Alderman Cummings abstaining from the vote on By-law No. ~5-136 on a conflict of interest previously recorded; Aldermen Cummings and NEW BUSINESS CHIPPAWA HERITAGE CLUB - YE OLDE CHIPPAWA DAYS His Worship Mayor Smeaton referred to a handout communication from Ye Olde Chippaws Days advising that the dates for the festival this year are July 31st to August 4th, 1985, and requesting a Special Occasion Permit for August 3rd. ORDERED on the motion of Alderman Janvary, seconded by Alderman 0rr, that the request of the Chippaws Heritage Club for a special occasion permit for their Ye Olde Chippawn Days festival to be held on August 3rd, 1985, at Cummington Square, Niagara Falls, be approved subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Niagara District HealthUnit, and the Liquor Licensing Board of Ontario. Carried Unanimously.. N.H.L. SLO-PITCH T.V. SPECIAL His Worship Mayor Smeaton referred to the handout memo to members of Council advising that Channel 11 will carry an N.H.L. Slo-Pitch Special on Wednesday evening, July 17th, 1985, from 9:00 p.m. to 10:30 p,m. PEOPLE MOVER SYSTEM Alderman Metfelt provlded a verbal report regarding the survey of the People Mover System recently completed by the Niagara Parks Commission. He referred to the inadequacy of guide signing at the top of Fraser Hill and requested that Staff take immediate temporary action to remedy the situation until a permanent solution has been arranged, · · . . 10 - IO - VARIOUS MATTERS OF CONCERN Alderman Merrett initiated a discussion regarding the street lighting problem in the Rolling Acres Subdivision, complaints he has received regarding dead skunks, and the answering service in off-duty hours at the Service Centre. The Chief Administrative Officer advised that it was his understanding the street lights were working last evening, and because of break-ins in the area he 'had contacted the police for additional protection- He further advised-that'he would investigate the matter of the answering service. Alderman Merrett referred to the Information for Council oommunication from the Director of Engineering at Regional Niagara, which states that funds-were not allocated for the purchase of paint, and therefore, the painting of the guard rails on the Victoria Avenue Bridge may be done.at the expense of th~ City of Niagara Falls. KER PARK MAINTENANCE .. Alderman Cummings referred to the recently completed improvements to Ker Park facilities, which included a new steel door for the concession. He advised that the diamond at Keg, Park required attentio~ and asked. that Staff incest!gate this matter. -. OLD POLICE BUILDING Alderman Cummings requested an investigation into improvements to the old Police Building, with particular attention to safety features. He advised that transients were still occupying the building. The Chief Administrative Officer will investigate this matter. · .... CONVENTIONS FOR NIAGARA FALLS Alderman Puttick referred to the previous request for an investigation into the financing and promoting of conventions in Niagara Palls, and the possibility of setting aside funds to an upper limit of $1500 for this purpose; and further, requested that the A.M.O. Convention for 1989 should be pursued for the City of Niagara F~lls ........ .! ;-.. ; · .... · **** · It was moved by Alderman Orr, seconded by Alderman Coyills, that the meeting adjourn· SMEA~ON TWENTY-FIFTH MEETING Con~nittee Room July 29, 1985 Council met on Monday, July 29th, 1985, at 7:15 p.m. in Committee of the Whole. All members of Council were present with the exception of Aldermen Chessman and Janvary. Alderman Puttick presided as Chairman. Following consideration of the item presented the Committee of the Whole arose without reporting. READ ~ ~OPTED, ..... LR REGULAR MEETING Council Chambers July 29, 1985 Council met on Monday, July 29th, 1985, at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Aldermen Cheesman and Janvary. His Worship Mayor William S. Smeaton presided as Chairman. Alderman Hinsperger offered the Opening Prayer. ADOPTION OF MINUTES Alderman Puttick referred to a resolution of Council requesting a hold on the proceedings surrounding the establishment of a toxic waste site. It was agreed that the report from the Chamber of Commerce regarding the matter would be reviewed at the next meeting of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker that the minutes of the meeting held July 15th, 1985 be adopted as printed. Carried Unanimously. PRESENTATIONS RETIREMENT WATCH - MR. WILLIAM CRABBE His Worship Mayor Smeaton presented William Crabbe with a Retirement Watch on behalf of City Council and expressed best wishes for his retirement. Mr. Crabbe began working for the City of Niagara Falls in April 1948, and retired as Equipment Operator with the Parks & Cemeteries after over thirty-six years. RETIREMENT WATCH - MR. ROSS SIMON ANGLERS His Worship Mayor Smeaton presented Ross Anglers with a Retirement Watch on behalf of City Council and expressed congratulations and best wishes. Mr. Anglers retired on June 30th, 1985 as Lead Hand at the Niagara Falls Arena, having worked in the Arenas for thirty-one years. 25 YEAR PLAQUE - MR. FRANK McGOWAN His Worship Mayor Smeaton expressed congratulations and presented Frank McGowan with a 25 Year Plaque on behalf of Council with appreciation for his many years of service. 25 YEAR PLAQUE - MR. GILBERT MEUFELD Mr. Neufeld was not in attendance at the meeting to receive his 25 Year Plaque. 25 YEAR PLAQUE - MR. JOHN SIMON His Worship MAyor Smeaton presented John Simon with a 25 Year Plaque on behalf of City Council, offe~inE congratulations and appreciation of his years of service with the City· 1 -2- DEPUTATIONS 911 EMERGENCY TELEPHONE SYSTEM IN NIAGARA Communication No. 236A - Dr. Doug Munkley, Chairman, EHS Committee - Re: 911. The communication attaches a Regional Niagara 911 Committee Report and requests permission to address Council. Communication No. 236B - Regional Niagara Office of the Clerk - Re: 911 Emergency Telephone System in Niagara- The communication attaches a Preliminary Report regarding the aforementioned, and requests comments. Communication No. 236C - Dr. Stafford W. Dobbin - Re: 911. The communication endorses Dr. Munkley's requ.est to adopt the 911 system in Niagara Falls. Alderman Hinsperger declared a conflict of interest because he is employed with ',B~ll C~had~.~.'-'~-* ~" Dr. Mucklay reviewed historical data regarding the Regional Niagara Emergency Health Services Committee, discussed the inception of the system in Great Britain, the United States, and various Cities in Ontario, and reviewed the analysis of the Committee- He recommended that the 911 system be approved. Deputy Chief J. parkhouse of the Regional Niagara Police Force advised that Chief of Police J- Gayder was in support of both the enhanced and basic 911 emergency systems. The Fire Chief discussed his participation on the EHS Committee, and his concerns with regard to the differences in the boundaries of Bell Canada and the Municipalities in the Regional Municipality of Niagara. He indicated his pre- ference for an enhanced system, and suggested a further study with all involved agencies participating. Regional Councillor E. Sherat advised that the survey concerning the 911 system had not been available at the time of the meeting of Regional Council- ORDERED on the motion of Alderman Puttick, seconded by Alderman Keighan, that the communications be received and filed and the Regional Municipality of Niagara be advised that Council is in support of a letter of intent being forwarded to Bell Canada to proceed with a feasibility study in connection with a Regional 911 Emergency Telephone System in Niagara. The motion Carri.,ed. with Alderman Hineperger abstaining from the vote on a conflict of interest previously recorded, and all others voting in fayour. 36 UNIT APARTMENT BUILDING/KALAR ROAD The Chief Administrative Officer explained the problems with respect to a non-profit 36 unit apartment building being constructed on Kalar Road by Kenmere Construction- He advised that although the area is properly zoned for the purpose, the City by-law requires a total ares of 200 square metrag for each dwelling unit, and that the the available property will contain only 35.67 units. Council was further advised that the applicationt for Federal funding is based on the construction of 36 units. The Chief Administrative Officer further stated that Mr. J. Kaufman, Kenmore Construction, wishes to have the endorsement of Council concerning the application to the Committee of Adjustment for approval of a minor variance. Aldermen Kerrio declared a conflict of interest because he has a financial interest in the subject property. Mrs. Betty Ann Baker, representing the developer, reviewed the succession of events which led to the current shottage of time available to pursue the matter, the need for financing, and the necessity of an application being submitted to CMEC immediately. She stated that CMHC would not make a commitment concerning the project unless Council endorses the application to the Comm{ttee of Adjustment. During the discussion Council was apprised of the closing of the CMItC office in St. Catharines on August 1st, 1985, and opening of its office in . Hamilton in January 1986, and further, that the transfer would have some influence on this matter. ORDERED on the motion of Alderman Puttick, seconded by Alderman Herrerr, that the proposed building of the 36 Unit apartment building on the subject property be supported and the proposed application to the Committee of Adjustment endorsed- The motion Carried with Alderman Kerrio abstaining from the re.re on a previously recorded cod"Ti~ctof interest, and with the following voter 3 The motion Carrte__d with Alderman Kerrto abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Baker, Coville, Merrett, Puttick, and Somerville. NAYE: Aldermen Cummings, Minsperger, Keighan, and err. UNFINISHED BUSINESS HAWKER & PEDLAR LICENCE - REPORT OF CHIEF ADMINISTRATIVE OFFICER Report No. 343 - Chief Administrative Officer - Re: Hawker & Pedlar Licence for Flea Market. The report reviews Section 230 (1) (iv) of the Municipal Act in connection with the proposal to open a flea market in the former Beaver Lumber building on Drummond Road, and recommends that the information contained therein be noted and the report received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously.. PROPOSED AF~NDMENTS TO THE OFF-ROAD VEHICLES ACT A memorandum from the Director of Recreation regarding the communication from the City of Sudbury with respect to the aforementioned supports the comments made by Superintendent J. Moody, of the Niagara Regional Police Office, and suggests that if further information is required the matter might be referred to AMO for comments. ORDERED on the motion of Alderman Baker, seconded by Alderman Coyills, that the information be received and filed. Carried UnanimousiX- COMMUNICATIONS No. 237 - The Royal Canadian Legion, Branch 479 - Re: Royal Canadian Legion Diamond Jubilee Drumhead - September 9-1, 1985. The communication requests a Parade Permit for the event. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville, that the communication be received and the request approved subject to the approval of the Regional Municipality of Niagara and notification to emergency organiza- tions. Carried Unanimously. No. 238 - Federation of Canadian Municipalities (FCM). - Re: Resource Centre for Municipal Economic Development. The communication advises that the above named Resource Centre is being established by the FCM, with the support of the Depart- ment of Regional Industrial Expansion, and requests that economic development material be forwarded to Mr. John Hastings, Director of the Municipal Economic Development Program. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the communication be received and referred to the Niagara Falls Economic Devel- opment Agency for comments. The motion Carried with the following vote: AYE: Aldermen Baker, Coyills, Cummings, Ninsperger, Keighan, Kerrio, Merrett, Orr, and Somerville. NAYE: Alderman Puttick. No. 239 - City of North York - Re: Assessments on Residential Properties. The communication requests support of a resolution to be forwarded to the Province of Ontario in connection with increases in assessments on residential properties as a result of improvements made by owners. ORDERED on the motion of Alderman Orr, seconded by Alderman Puttick, that the communication be referred to Staff for a report. Carried Unanimous17. No. 240 - The Chamber of Commerce Niagara Falls, Canada - Re: John A. Kalaehian complaint regarding Niagara Clifton Scenic Tours. The 'communication outlines difficulties encountered by the Kalashtan family through Niagara Clifton Scenic TOurs. ORDERED on the motion of Alderman Merrett, seconded by Aldermun Orr, that the communication be referred to the Niagara Regional Board of Commissioners, and further, that a copy be forwarded to Mr. Marie Cardinals, The motion Carried with the following vote: AYE: Aldermen Baker, Coville, Cummings, Ninsperger, Keighan, Kettle, Herrerr, Orr, and Somerville. NAYE: Alderman Puttick. '1 U -4- No. 241 - Downtown Board of Hanagement (DBH) - Re: Boy Scout Barbecue - Centennial Square - August 3, 1985. The communication requests approval of Council for the aforementioned* ORDERED ou the motion of Alderman Orr, seconded by Alderman Coyills, that the communication be received~ and the request approved. Carried Uuaufmously. No. 242 - The Royal Canadian Legion, Branch 396 - Re: Annual Family Picnic - August 25th, 1985. The communication requests a Special Occasion Permit for the occasion. ORDERED on the motion of Alderman Merrett, seconded by Aldermau Hinsperger, that the request of The Royal Canadian Legion, for a special occasion permit for their annual family picnic to be held on August 25th, 1985, at the Chippaws, (Out, No. 396) Branch, 3860 Legiou Street, Niagara Falls, be approved subject to the approval of the Regional Police Department, the Niagara Fall8 Fire Department, the Niagara District Health Unit, and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 243 - Niagara Falls Umpires Association - Re% Annual Sic-Pitch Tournament - August 16 18, 1985. The communication requests a Special Occasion Permit for - the event. ORDERED on the motion of Alderman Nerrett, seconded by Alderman Hinsperger, that the request of the Niagara Fails Umpires Association, for a special occasion permit for their Annual Sic-Pitch Tournament to be held on August 16th, 17th and 18th, 19g5, at Palmet Park, Niagara Falls, be approved subject to the approval of the Regional Police Departmeat~ the Niagara Falls Fire Departmeut, the Niagara District Health Unitm and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 244 - Ministry of Municipal Affairs & Housing - Re: Shorelines Property Assistance Program. The communication reviews the provisions of the shorelines property assistance program and suggests that the details be made available to ratepayers and, the required authorizing by-laws be passed if necessary. ORDERED on the motion of Alderman Merrettm seconded by Alderman Coyills, that the communication be received and filed. Carried Unanimously. No. 245 - Social Planning Council of Niagara Falls - Re: Homes for the Aged. The communication reviews information regarding the aforementioned, ORDERED on the marion of Alderman Merrett, seconded by Alderman Baker, that the communication be received and filed. Carried Unanimously. No. 246A - Social Planning Council of Niagara Falls - Re: Greater Niagara General Hospital Proposal for Funding of Free-Standing Chronic Care Facility. The co~mnunication advises that the Social Planning Council continues to support a free-standing chronic care facility in Niagara Falls, advises of a proposed meeting with the Minister of Health to discuss the matter, and requests endorse- ment of the efforts of the Niagara District Health Council's recommendations to the Minister of Health in this connection. No, 246B - Greater Niagara General Hospital (GNGH) - Hospital. The communication advises of the unanimous approval of the Board regarding the proposed 160 bed, free-standing, off-site chonic care hospital, and requests the support of Council, No. 246C - Regional Niagara Senior Citizens Department - Re: Chronic Care Hospital. The communication attaches a letter from the GNGH and supports the need for the facility in the City of Niagara Falls, His Worship Hayor Smeaton referred to handout information which included an excerpt from the Council Minutes of Hay 13th, 1985 regarding the subject mutter, and resolution regarding a proposed meeting with the Ministry of Health and other involved agencies, Nayor Smeaton discussed the recent transfer of the provincial Government, the proposal of the Board of the GNGtt for a Chronic Care Hospital in Niagara FallS, his decision to delay the request for a meeting with the former Ministry officialsm and discussed the advantages of attending a meeting being scheduled with the new l4inistry and involved agencies, ORDERED on the motion of Alderman Puttick, seconded by Alderman Merretts that the motion of Hay 13ths 1985 proposing a meeting with the Ministry of Health be rescinded· .The motion w~ Defeate~ with the following vote: AYE: Aldermen Hinepergers Kerrice Herrerr, Puttick, and Somerville. · NAYE: Hayor Smearohm and Aldermen Bakers Covilles Cummings, Keighans and Orr. -5- ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the communications be received and filed, and the proposal of the Greater Niagara General Hospital for a Chronic Care Hospital be endorsed. Carried Unanimously. No. 247 - Budbury Region Disaster Relief Fund Committe.~e- Re: Flooding in the Sudbury Region. The communication advises of flooding in the municipalities of Oneping Falls, Rayside-Balfour, and Walden during the weak of April 22nd, 1985, and requests financial assistance. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the communication be referred to the Finance Committee. Carried Unanimously. No. 248 - York Hannover Amusements - Re: Kodak Tower (formerly the Oneida Tower). The communication requests the approval of Council to erect a sign. Mr. A. Douglas Bittell, Vice-President of Marketing, York Hannover Amusements was in attendance to reply to any questions raised. ORDERED on the motion of Alderman Somerville, seconded by Alderman Kerrio, that the communication be received and referred to Staff for a report. Carried Unanimously. REPORTS No. 344 - Chief Administrative Officer - Re: O.H.R.P. Loans. The report provides information regarding applications for assistance under the Ontario Home Renewal Program. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and filed. Carried UnanimRusl~. No. 345 - Chief Administrative Officer - Re: The Buildings and Inspections Department Report for June 1985. The report provides information regarding Permits Issued, and Highlights for June 1985, as well as July Proposals. ORDERED on the motion of Alderman Cummings, seconded by Alderman Covllle, that the report be received and filed. Carried Unanimously- Alderman Kerrio retired from the meeting. No. 346 - Chief Administrative Officer - Re: Former Police Building - Ztmmerman and Park. The report provides information regarding the status of the former police building, and recommends that the report be received and filed. During the discussion concern was expressed regarding the condition of the building. The Property Standards Officer replied to questions raised regarding action taken to date with respect to the subject property- The Chief Administrative Officer advised that the owners of the property had been contacted regarding the condition of the building and Council's concern, and they had advised of the result of an application for Heritage funding. The Chief Administrative Officer suggested delaying action until the end of September, as well investigating possible action for safety precautions. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that Staff proceed with action under the Property Standards Act. The motion was D~fea. t. ed. with the following vote: AYE: Aldermen Coville, Cummings, and Herrerr. NAYE: Aldermen Baker, Hinsperger, Keighan, Orr, Puttick, and Somerville. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received and filed, and that further action be delayed until the end of September 1985. The marion Carried with the following vote: AYE: Aldermen Baker, Cummings, Hinsperger, Ketghan~ Merrett, Orr, Puttick, and Somerville. NAYE: Alderman Coville. No. 347 - Chief Administrative Officer - Re: Contract G.C. 13-85 - Underground Services in Charnwood Subdivision - Stage II. The report recommends that the uuit prices submitted by the low tenderer, Provincial Construction Limited~ for contract G.C. 13-85~ be accepted by Council, subject to a subdivision agreement lu a form acceptable to the City being executed by the City and the owner of those parts Of Lots 7~ and 76, and all of Lots 77 and 81 to 88 inclusive, end Blocks Q, R and S on Plan M-53, in the City of Niagara Falls, and ell monies required to be paid by the owner to the City upon execution of the subdivision Lm . 'L -6- agreement having been paid, and nothing in this condition shall be construed to create any obligation on the City to enter into a Subdivision Agreement. ORDERED on the motion of Alderman Keighan, seconded by Alderman err, that the report be received and adopted. Carried Unanimously. See By-law No. 85-140. No. 348 - Chief Administrative Officer - Re: Water and Sewage Flows - City of Niagara Falls. The report provides information regarding a comparison between the City of St. Catharines and the City of Niagara Falls in connection with the aforementioned, and recommends that the report be received and filed. ORDERED on the motion of Alderman Coyills, seconded by Alderman Somerville, that the report be received and adopted. Carried Unanimously. No. 349 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $4,733,204.52 for the two week period ending July 29th, 1985 be approved by the passing of the by-law appearing later on the ageads. Alderman Cummings declared a conflict of interest on Cheque No, 9849 because a member of his family is involved in the program. Alderman Hinsperger declared a conflict of interest on Cheques No. 9784, 9954, and 10055 because he is employed with the company. Additional information was provided for Cheques No. 9793, 9794, 9804, 9823, 9828, 9839, 9884, and 10037. ORDERED on the motion of Alderman Coyills, seconded by Alderman Somerville, that the report be received and adopted. The motion Carried with Aldermen Cummings and Hineperger abstaining from the vote on Cheques No. 9849, 9784, 9954, and 10055 consecutively, on conflicts of interest previously recorded; and all others voting in favour. No. 350 - Chief Administrative Officer - Re: Encroachment - 4699-4709 Queen Street. The report recommends that the application for the passing of a by-law to permit the continuation of the encroachment of a building upon Queen Street road allowance be approved, and the necessary by-law be enacted by Council- ORDERED on the motion of Alderman CumminSs, seconded by Alderman Hirmperger, that the report be received and adopted. Carried Unanimously. See By-law No. 85-139. No. 351 - Razardous Waste Steering Committee - Re: The Region's Re~orts on OWMC Activities and The Role of the Region. The report recommends the following: 1) That the City of Niagara Palls commend the Region for their recent position on the OWMC matter; 2) That Council provide this report to the Region, as requested, providing comments on their DPD reports 1860 and 1865, and suggesting action the Region moy wish to pursue in their opposition to the OWMC and in the spirit of co-operation with the local municipalities. ORDERED on the marion of Alderman Coyills, seconded by Alderman err, that the report be received and adopted. The motion Carried, with the following vote: AYE: Aldermen Baker, Coville, C,,mm{ngs, Hinsperget, KeiShan~ Merrett, errs and Somerville. : NAYE: Alderman Puttick. .r 7 ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimous~7. See Resolution No. 51. No. 353 - Chief Administrative Officer - Re: Designation of British Methodist Episcopal Church under the provisions of the Ontario Heritage Act. The report recommends that Staff be authorized to commence the procedure for designating the property known as the British Methodist Episcopal Church as an architectur- ally and historically significant property, under the provisions of the Ontario Heritage Act. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimouslye. No- 354 - Chief Administrative Officer - Re: Guide Signing. The report recommends that the Regionfs Municipal Works Committee take direction with regard to a sign being posted "Food, Lodging, Attractions" at their meeting scheduled for Tuesday, July 30, 1985. It was further recommended that an attempt be made to get improved guide signing, resulting from traffic pattern changes around Queen Victoria Park, which is consistent with existing Regional policies and practices. ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously- RESOLUTION No. 51 - CUMMINGS -ORR - RESOLVED that the Council of the City of Niagara Falls supports a further one year extension of draft plan approval for the former Desson Subdivision (File No. 26T-76101), and that the Ministry of Municipal Affairs and Housing be so advised; AND the Seal of the Corporation be hereto affixed. Carried UQanimouslT. - AND- Communication No. 249 - The Chamber of Commerce Niagara ~alls, Canada - Re: O.W.M.C. Phase 3 Technical Reports. The handout communication attaches a copy of the aforementioned repo~t for information. Council was advised that copies of the report would be distributed to the members prior to the next meetinS. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the communication be received and filed. Carried Unanimously. No. 352 - Chief Administrative Officer - Rez Extension of draft plan approval Former Dessert Subtivision. Owner: Mr. Zenon Konopka - File~ 26T-76101. The report recemmends that a Council resolution supporting a further one year ' extension of draft plan approval for the above subdivision be forwarded to the Ministry of Municipal Affairs and HousinS. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 85-138 - A by-law to amend By-law No. 3790, being a by-law for the regula- tion of traffic.(Portage Road). No. 85-139 - A by-law to allow the maintaining and using of a building which encroaches on Queen Street- No. 85-140 - A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for sewermains, watermains and base road construction in Charnwood Subdivision- Stage II. No. 85-141 - A by-law to authorize the execution of an agreement with The Regional Municipality of Niagara. No. 85-14~ - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cummings and Hinsperger abstaining from the vote on By-!sw No'.' 85-142, on conflicts of interest previously recorded under Report No. 349; and all others voting in layout. ORDERED on the motion of Alderman Cummings, seconded by Alderman Minepatter, that the following by-laws be now read a second and third time: No. 85-138 - A by-law to amend By-law No. 3790, being a by-law for the . regulation of, traffic. No, ~s~39 e~law ~o allo~ the maintaining and using of a building which encroaches on Queen Street. No. 85-140 - A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Fells) Limited for sewermains, watermains and base road construction in Charnwood Subdivision- Stage II. -8- No. 85-141 - A by-law to authorize the execution of an agreement with The Regional Municipality of Niagara. No. 85-142 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cummings and Hinsperger abstaining from the vote on By-law Noj' 85-142, on conflicts of interest previously recorded; and all others voting in favour. NEW EUSINESS MONROE pROpERTY/THOROLD STONE ROAD Alderman Merrett requested information regarding the Monroe property on Thorold Stone Road. The Property Standards Officer advised that a Hearing had been scheduled for Wednesday, August 7th, 1985, and further, that the okmers would not take action to improve the property because the fire had been an act of vandalism, and there was no insurance. pROPERTY CONDITION/6611 LUNDY'S LANE In response to Alderman Merrett's request for information with respect to the above named property, the property Standards Officer stated that a letter bed been forwarded to the Real Estate people and the owners have been given permission to demolish the Building. Alderman Merrett asked that the truck be removed from the front yard. PYRAMID PLACE Alderman Cummings requested information regarding the current status of Pyramid Place and the Chief Administrative Officer advised that a report would be submitted at the next meeting of City Council. TOYOTA FACILITY Alderman C.mmtngs initiated a discussion with respect to the possibility of the Toyota firm establishing a facility in the City of Niagara Falls. His Worship Mayor Smeaton advised that the Director of the Niagara Falls Economic Development Agency, and the Chief Administrative Officer had discussed the matter in his office, and further, that an appropriate communication would be forwarded to the Toyota company from his office. ~-~ TOURISM IMPACT STUDY - BY PANNELL, KERR, FORSTER, CAMPBELL, & SItAP, P Alderman Puttick referred to the above mentioned Tourism Impact Study, and requested that copies of the document be forwarded to al~ members of Council by the City Clerk. WASTE MANAGEMENT STEERING CODDIITTEE In response to Mayor Smeaton's request for two additional volunteers to ..~ participate on the Waste Management Steering Committee, Alderman Puttick offered , his services· It was moved by Alderman Merrett, seconded by Alderman Orr~ that the meeting MEAD . ?' ' FTED, .~~ .~ B , CITY CLEBK TWENTY-SIXTH MEETING Committee Room #1 August 12, 1985 Council met on Monday, August 12th, 1985, at 6:45 p.m. in Committee of the Whole. All members of Council were present with the exception of Alderman Orr. Alderman Coville presided as Chairman. Following consideration of the items presented the Committee of the Whole arose without reporting, PLANNING/REGULAR MEETING. Council Chambers August 12, 1985 Council met on Monday, August 12th, 1985, at 7:30 p.m. for the purpose of considering Planning Matters and regular business. All members of Council were present with the exception of Alderman Orr. t His Worship Mayor Smeaton presided as Chairman. Alderman Keighan offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the minutes of the meeting dated July 29th, 1985, he adopted as printed. Carried Unanimously. REPORTS - PLANNING MATTERS No. 355 - (PD/79/85) - Chief Administrative Officer - Re: ST-144 Six Month Report on Residential Development. The report provides information regarding Dwelling Unit Construction, Plans of Subdivision, Residential Development, Rental Apartment Vacancy Survey, Ontario Housing Market Report, Housing Demand, and Mortgage Rates, and recommends that the report be received and filed for informational purposes. The Planning Director reviewed the highlights in the report. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimousl~L No. 356 - (PD/80/85) - Chief Administrative Officer - Re: 26T-74143 Request for Extension to Draft Plan Approval - Rainbow Gardens. The report recommends the following: 1) That a copy of this report be forwarded to the Ministry of Municipal Affairs and th~ Bank of Nova Scotia. 2) That a Council resolution supporting a one year extension to the Rainbow Gardens,draft plan of subdivision be forwarded to the Ministry of Municipal Affairs. In reply to questions raised, the Planning Director advised that all requirements would be met. ORDERED on the motion of Alderman Cummings~ seconded by Alderman Hinsperger that the report be received and adopted. Carried Unanimously... gee Resolution No. 52. No. 357 - (PD/81/85) - Downtown Revitali~ation Steerin Committee - Re: ST-81 Queen Street - Victoria Avenue Entranceway. The report'recommends that Council approve the acquisition of a small daylighting triangle, free of charge, located on the southeasterly corner of Queen Street and Victoria Avenue, with the cost of the necessary survey to be shared equally with the Queen Street B.I.A. ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan, that the report be received and adopted· Carried Unanimousl~. -2- No. 358 - (pD/84/85) - Downtown Revitalization Steering Committee - Re: Queen Street/River Road Redevelopmerit Plan, The report recommends the following: ST-82 1) That City Council not agree to the rental of the former Salvation Army building on Erie Avenue as requested by Operation Blessing and that Operation Blessing be advised accordingly; 2) That the former Salvation Army building be demolished and the lot cleared and graded for parking purposes; 3) That the owner of the building on the southwest corner of Erie Avenue and Park Street be instructed to tear down the attached garage which is encroaching on the Park Street road allowance. Reverend M.'Radowsky, St., Operation Blessing, was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Chessman. He introduced Mr. Dan Statham, a Canadian Director of the 700 Club, who was in attendance to provide additional information. Reverend Radowsky referred to the benefits of having a facility in the downtown area, and discussed his recent contacts with City Staff in this regard. Rev. Radowsky stated that the 700 Club was willing to work with Operation Blessing, and invest in the facility. Mr. Dan Starham discussed the involvement of the 700 Club in establishing facilities and assisting young people in various cities in Ontario and across the country. Alderman Puttick declared a conflict of interest because he had a business interest. During the discussion reference was made to the poor condition of the building and to the probability of a long term lease being required on a large investment in the building. It was suggested that City Staff negotiate with representatives of Operation Blessing to secure an appropriate facility. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and Recommendations No. 1 and 2 be tabled for two weeks. The motion Carried with Alderman Puttick abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Baker, Coyills, C,,mmings, Hinspe~ger, Keighau, Kerrio, Herrerr, and Somerville. NAYE: Aldermen Chessman, and Janvary. ORDERED on the motion of Alderman Keighan, seconded by Alderman Hinspe~ger, that Recommendation No. 3 be adopted- The motion Carried with Alderman Puttick abstaining from the vote on a conflict of interestpre~usly recorded, and all others voting in fayour. No. 359 - (PD/82/85) - Clifton Hill Im rovements Steering Committee - Re: ST-93(a) Com~,uity Improvement Plan - ~lifton Mill. The report recommends the following: 1) That Council approve of the $1,190,000 planned expenditures for Clifton Rill based on the cost sharing proposal detailed in this ~eport; 2) That the firm of Moorhead, Fleming, Cotban, McCarthy, Bruce D, Robinson Associates Inc., originally hired by the B.I.A., be retained as consultants for implementation of the aesthetic components of the Clifton Mill Community Improvement Plan; 3) That a Public Heating be held on September 9, 1985, for the presentation of the final "Clifton Hill Community Improvement Plan". Following a discussion regarding the sources of funding, it was moved by Aldermen Cummings, seconded by Alderman Metraft, that the report be received and Carried Unanimous y. adopted* 1 No. 360 - (PD/83/85) - Chief A~ministrative Officer - Re: ST-115 Official Plan Amendment No. 147 - Communit~ Improvement Policies- The report recommends the £ollowing~ I) That Council support the proposed amendment to the Official Plan as detailed ~ ~u the Community Improvement Policy Study, City of NiaSara'FalIs, August 1985. 2) That Council enact the By-law listed on the 1985 08 12 agenda adopting the Official Plan Amendment for the Niagara Falls Planning Ares, -3- 3) That Council, by resolution, and prior to the passing of the By-law adopting the Official Plan Amendment, determine in accordance with the provisions of the Planning Act 1983 that the change to the proposed amendment will not re- quire the giving of any further notice. The Planning Director reviewed the purpose of the Community Improvement Planning Policies, as well as the participation of residents. ORDERED on the motion of Alderman Ketghan, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimousl~. See Resolution No. See By-laws ~o. BS-lbl and No. 85-152. REGULAR MEETING DEPUTATIONS DRAG RACING - MONTROSE ROAD NEAR NETHERBY ROAD - MR. BRYAN MCILNEY The City Clerk advised that this matter had been withdrawn from the Agenda. RELOCATION OF HYDRO POLE - MARINELAND The City Clerk advised that the matter had been withdrawn from the Agenda. UNFINISHED BUSINESS O.W.M.C. PHASE 3 TECHNICAL REPORTS - LETTER FROM CHASER OF COMMERCE NIAGARA FALLS, C~AqADA Communication No. 250 - Chamber of Commerce - Re: O.W.M.C. Phase 3 Technical Reports. The com~,nication attaches the aforementioned for the information of Council. Handout =sport was received from the Research Co-Ordinator with the following recommendations to the Hazardous Waste Steering Committee: 1) That copies of the Research Team's Report be sent to the Chamber of Commerce, the Group of Bight, the OWMC, the Regional Municipality of Niagara and the Town of West Lincoln~ the City Council and the Visitor and Convention Bureau; 2) That a letter be sent to the Chamber of Commerce requesting the names of those who actually reviewed the various Phase 3B reports for future discussion purposes. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the co~,uication and report be received and recommendations adopted. Carried Unanimously. BUILDING PERMIT ACTIVITY REPORT - LETTER FROM NIAGARA FALLS ECONOMIC DEVELOPMENT AGENC.~Y Communication No. 251 - Director of Nia ara Falls Economic Development Agency - Re: Building Permit Activity Report. ~he communicdtion comments on t~e a~0re- mentioned report submitted by the Regional Municipality of Niagara. ORDERED on the motion of Aldermen Cummings, seconded by Alderman Keighan, that the communication be received and filed. Carried Unan~lmoueLv- TERRY FOX RUN- LETTER FROM DANNY D'ADDIO, ORGANIZER Communication No. 252 - Danny D'Addio, Organizer - Re; Terry Fox Run. The communication invites memoere of Council and their families to be in attendance at the Terry Fox Run on September 15th, 1985, at Oakes Park. 1 ORDERED on the motion of Alderman Cummings, seconded by Aldermen Somervil e, that the communication be received and filed, and further~ that as many members as possible attend· Carried Unanimously. PROPOSED SALE OF WALKWAY 74(4) - REPORT OF CHIEF ADMINISTRATIVE OFFICER Report No, 361 - Chief Administrative Officer - Re: Proposed Sale of Walkway 74(4) between Fairfield Place and the Easterly Limit of Plan M-61. The report recommends the following; - 4 - 1) That Council hear, at tonight's meeting, any person who claims that his or her land will be preJudlcially affected by the proposed by-law to authorize the sale and conveyance of the above walkway, and who applies to be heard. 2) That if there are no such claims, the Council pass the by-law listed on tonightis agenda. There was a negative response to Mayor Smeatou's request for comments from interested persons in attendance at the meeting. ORDERED on the motion of Alderman Merrett, seconded by Alderman Coville, that the report be received and adopted, Carried Unanimously. See By-law No. 84-144. CITY OF NORTH YORK - REPORT OF CHIEF ADMINISTRATIVE OFFICER Report No. 362 - Chief Administrative Officer - Re: Resolution from City of North York. The report provides information regarding the possible results of the proposed resolution in the City of Niagara Falls, and recommends that the resolution received from the City of North York be received and flled. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. COP~iUNIOATIONS No. 253 - Regional Niagara Public Works Department - Re: Water & Sewage Flows - Monthly Report tar June i~S). The communication attaches Report DEP-2218 as indicated above. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the communication be received and filed. Carried Unanimously. No. 254 - The Royal Canadian Le ion, Branch 51 - Re: Veterans from Sunnybrook Hospital - September 22, 1985. ~he communication requests a Parade Permit for the above event. ORDERED on the motion of Aldermmn Cummings, seconded by Aldermau Merrett, that the communication be received and the request approved. Carried Unanimously. No. 255A - Main & Ferry Business Association - Re: 1985 Peach Festival. The communication requests the closing of Main Street on August 24th, 1985, during the crowning of the Peach Queen and Dance. - AND - No. 255B - Main & Ferry Business Association - Re.' 1985 Peach Festival. The communication requests approval regarding facilities outlined therein. The Chief Administrative Officer advised that a grant in the amount of $2500 had previously been approved for expenses incurred during the Peach FeStival. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that permission be granted as in previous years, and the matter referred to Staff to make the necessary arranSemants. Carried Unanimously. See By-law No. 85-150. No. 256 - Federal Business Development Bank - Re: Small ~usiness Information Week - October 2Oth to 2bth, 1~). The communication requests. Council to proclaim the aforementioned week "Small Business Week". ORDERED on the motion of Alderman C,mmtngs, seconded by Alderman Janvary, that the request be granted subject to established policy. Carried Unanimously. No. 257 - Downtown Board of Management - Re: Harvest Festival - September 21, 1985. The com~,nication requests a Special Occasion Permit for the event. ORDERBD on the motion of Alderman C,,mmtngs, seconded by Alderman Coyills, that the request of the Downtown Promotion Committee for a special occasion permit for their Harvest Festival to be held on September 21st, 1985, at Centennial Square, Niagara Falls, be approved subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Niagara District Health Units and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 258 - United Way of Nta ara Falls - Re: Campaign Kick-Off - September 28th, 1985, at the Niagara gouth eecreation Centre* The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderm~n Cummings, seconded by Mderman Herrerr, that the request of the United Way of Niagara Falls for a special occasion permit for their Campaign Kick-Off to be held on September 28th, 1985, at the Niagara South Recreation Centre, Niagara Falls, be approved subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Niagara District Health Unit, and the Liquor Licensing Board of Ontario. Carried Un~nimously. -5- REPORTS No. 363 - Chief Administrative Officer - Re: Proposed Closing and Sale of Walkway 15 between Wiltshire Boulevard and Valour Park. The report recommends the following: 1) That Council hear any persons who wish to address Council in support of or in opposition to the closing and sale of the above walkway- 2) That Council then decide whether it wishes to confirm or withdraw its previous tentative approval of the closing and sale. Mr. and Mrs. Fred Meredith, 3464 Wiltshire Boulevard, were granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Hinsperger. They submitted a petition, signed by a number of residents in the area, expressing objection to the closing and sale of Walkway 15. The petition states that since June 1983 there have been "no occurances of rowdlness or other types of disturbances whatsoever", and requests that the walkway remain open as a convenience. Mr. Dennis Hare, 3416 Baker Crescent, referred to a previous Council meeting when the matter had been discussed and no objections had been raised. Mr. Hare further stated that maintenance of the walkway was a burden to the City and the taxpayers, and that there are a number of accesses to the park. He discussed a number of misuses of the walkway. Following further discussion it was moved by Alderman Cummings, seconded by Alderman Coville, that the report be received and the walkway closed. The motion Carried with the following vote: AYE: Aldermen Baker, Chessman, Coville, Cummings, Hinsperger, Janvary, Keighan, Kerris, Merrett, and Somerville. NAYE: Alderman Puttick. No. 364 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $597,476.09 for the two week period ending August 12th, 1985, be approved by the passing of the by-law appearing later on the agenda. Alderman Hinsperger declared a conflict of interest on Cheques No. 10058 and No. 10248 because he is employed by the company. Alderman Keighan declared a conflict of interest on Cheque No. 10073 because family members have an interest. Additional information was provided on Cheques No. 10062, 10079, 10181, and 10230 · ORDERED on the motion of Alderman Kerris, seconded by Alderman Somerville, that the report he received and adopted. The motion Carried with Aldermen Hinsperger and Keighan abstaining from the vote on Cheques No. 1OO)8, 10248, and 10073 consecutively, on conflicts of interest previously recorded; and all others voting in fayour. No. 3~5 - Chief Administrative Officer - Re: Youth Hockey School. The report recommends that Burkholder Sports Inc. be given the exclusive rights at the Stamford Memorial Arena to operate a youth hockey school during July and August 1986 · His Worship Mayor Emeaton advised that this report had been withdrawn, and further, that another group had made a submission to the Recreation Commission. No. 366 - Chief Administrative Officer - Re: Contract S.S. 14-85 - Sanitary Sewer Installation on Lyon's Creek Road, from Sodam Road to Lyon's Creek Parkway. The report recommends that the unit prices submitted by the low tendeter, Provincial Construction Limited, for contract S.S. 14-85, be accepted by City Council subject to the Regional Municipality of Niagara approvtng the funding allocation for their portion of the work included in this contract. ORDERED on the motion of Alderman Somerville, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No* 54. S'ee B~-la, w'Nq; ~-U4). No. 367 - Chief Administrative Offleer - Re: Contract S.L. 11-85 - Cleaning, Group RelampiuEs General Maintenance, ~ole Replacement and Installation of New Street Lighting Fixtures· The report recommends that the prices submitted by L - 6 - Sylvania Canada Ltd. for Section 'A', washing and relamping be a~c?pted; andnc that unit prices submitted by Bill Kennedy Electric for Section B Maintena e, and Section 'C' New Installations be accepted. The Maintenance and Operations Engineer replied to questions raised regarding the contract, and advised that work will commence as soon as the contract is signed. ORDERED on the motion of Alderman Kerrin, seconded by Aldermen Merrett, that the report be received and adopted. Carried Unanimously. See Resolution No. 55. See By-lawNo~ B~-149. No. 368 - Chief Administrative Officer - Re: Construction of Services for part of Phase 1I oi Charnwood Subdivision Plan l+-53 - AND - Exemptions of certain Lots and Blocks from Part Lot Control. The report recommends that Council pass the following 3 by-laws on tnnight's agenda: 1) A by-law to authorize an agreement with Ontario Land Corporation amending a subdivision agreement with Ontario Housing Corporation (H.O.M.E. Project); 2) A by-law to authorize the execution of an agreement with Ontario Land Corporation for the develnpment and conveyance of land in the Charnwood Subdivision in accordance with a reference plan; 3) A by-law to designate certain land not to be subject to part lot control. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. See By-laws No. 85-146, 85-147, and 85-148. No. 369 - Chief Administrative Officer - Re: Water Meter Purchase. The report recommends that the Chief Administrative Officer be authorized to purchase a new 8" water meter at a cost of $10,000.00- A brief discussion followed with respect to the accuracy of the meter, and a request was made for a report in 3 to 4 months on these items. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cu""n{ngs, that the report be received and adopted. Carried Unanimously. No. 370 - Chief Administrative Officer - Re: The Buildings and Inspections Department Report for July 1985. The report provides information regarding Permits Issued and Highlights fPr July, as well as August Proposals. ORDERED on the motion of Alderman Cummings, seconded by Aldermen Hinsperger, that the report be received and filed. Carried Unanimously. No. 371 - Chief Administrative Officer - Re: Site Plan Approval -.Froposed Commercial Development, Kalar Road and Coventry Road (Southeast corner). The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed commercial development, and the site plan dated June 16th, 1985, and.filed with the Buildings and Inspections Department of the City of Niagara Falls on August 1st, 1985, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Aldermen Merrett, seconded by Aldermen Somerville, that the report be received and adopted. Carried Unanimously. No. 372 - Chief Administrative Officer - Re: Site Plan Approval - Proposed 18 Unit Townhouse Development, Kalar Road (East side South of Coventry Road). The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed townhouse development, and the site plan being drawing sheet I of 5 dated June 16th~ 1985, and filed with the Buildings and Inspections Department of the City of Niagara Falls on August 1st, 1985, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Aldermen Cummings, seconded by Alderman HinsperSer~ that the report be received and adopted. Carried Unanimously. No, 373 - Chief Administrative Officer - Re: Site Plan Apprnval - Froposed Mini Golf Development, Stanley Avenue and Murray Street (8outhwest corner). The report recommends that Council approve the site plan on display at tonight's meeting, being a proposed mini golf development, and the site plan being drawing number S. P-1 dated March '12th, 1985, and filed with the Buildings and Inspections Department of the City of Niagara Falls on August 7th, 1985~ and .that such approval be subject to the conditions outlined in the. report, The City Clerk reviewed a handout communication from Tony Roberio, Case D'Oro Restaurant, and Victor Menechella, Howard Johnson Victoria Place and Alamo Steak House indicating that no complaints have been received regarding the present Mini Golf location. The Director of Buildings and Inspections stated that the proposal is for another and separate development, -7- ORDERED on the motion of Alderman Cummings, seconded by Alderman Msrrett, that the report be received and adopted. Carried Unanimously% Cit' No. 374 - Chief Administrative Officer - Re: Proposed Amendment to the y s Sign By-law - Erection of Billboard Type Sign at Maple Leaf Village, 5705 Falls Avenue. The report recommends that Council approve an increase in the maximum area for a wall sign at Maple Leaf Village, 5705 Falls Avenue, from 150 square feet to 600 square feet. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried UnanimousiT.' NO. 375 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Auto Repair Garage, Drummond ~oad (East side, North of Gallinger Street)- The report recommends that Council approve the site plan on display at tonight's meeting, being a proposed auto repair garage, and the site plan being drawing number A-1 dated July 12th, 1985, and filed with the Buildings and Inspections Department of the City of Niagara Falla on August 8th, 1985, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously.. No. 376 - Chief Administrative Officer - Re: Restricted Area By-law 85-30 - J. Moretta - Proposed Apartment Buildings (East side of Portage Road). The report recommends that Council determine if it wishes to seek O.M.B. approval of the by-law, and if so, that the Clerk be directed to forward the by-law, along with the letter of objection, to the Board with the request for a hearing. The City Clerk explained that if an objection is received it is mandatory that the matter be again reviewed by Council for a further decision. ORDERED on the motion of Alderman Ketghan, seconded by Alderman Hinsperger, that the matter be referred to the O.M.B. The motion Carrie~ with the following vote: AYE: Aldermen Baker, Cheesman, Cummings, Hinsperger, Keighan, Kerrin, Merrett, Puttick, and Somerville. NAYE: Aldermen Coyills, and 3anydry. No. 377 - Chief Administrative Officer - Re: Tile Drainage Act Loan, Applica- tion of Mr. & Mrs. Bethune. The report recommends that the Resolution appearing on this Ageodd approving of the application of Mr. & Mrs. George Betbuns, of 9556 Warner Road, for a loan under The Tile Drainage Act to construct tile drainage works on their property, in an amount not to exceed $6,000.00, be passed by City Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted, Carried UnanimousIF.. See Resol~tion No. 56. No. 378 - Chief Administrative Officer - Re: Remuneration for D.R.O.~s and Poll Clerks - Municipal Election - November 12th, 1985. The report recommends that the rates outlined in the report be paid for Election workers and polling places for the Novemver 12th, 1985 Election. ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville, that the report be received and adopted. Carried Unanimously. No. 379 - Chief Administrative Officer - Re: Staging of Transportation of Dangerous Goods Incident in Niagara Falls - August 23, 1985. The report provides information regarding the aforementioned proposal, and recommends that this report be received and filed for information. ORDERED on the motion of Aldermen Kerrin, seconded by Alderman Minsperger~ that the report be received and adopted. Carried Unanimo__usl7· RESOLUTIONS No. 52 - CUMMINGS - HINSPERGER - RESOLVED that the Council of the City of Niagara Falls supports a further one year extension of draft plan approval for the Rainbow Gardens Subdivision (Pile No. 26T-74143), and that the Ministry of Municipal Affairs be so advised; AND the Seal of the Corporation be hereto affixed. Carried Unaoimousl~. No. 53 - KEIGHAN - CNEESMAN - RESOLVED that this Council does determine, in accordance with the provisions of the Planning Act, 1983, that the changes to the proposed amendment to the Official Plan No. 147 for the Niagara Falls Planning Area do not require Siring any further notice; AND the Seal of the Corporation be hereto affixed. Carried Unan. imou.el~.. -8- No. 54 - SOMERVILLE - HINSPERGER - RESOLVED that the unit prices submitted by provincial Construction Limited for Contract S.S. 14-85, for sanitary sewer installation on Lyon*s Creek Road from Sodom Road to Lyon's Creek Parkway. be accepted at the low tendered amount of $250,268.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 55 - KERRIO - MERRETT - RESOLVED that the unit prices submitted by the following for Contract S.L- 11-85 - Cleaning, Group Relamping, General Mainten- ance, Pole Replacement and Installation of New Street Lighting Fixtures, be accepted at the low tendered amounts indicated below: GTE Sylvania Canada Limited Section 'A' - Washing & Relamping - Bill Kennedy Electric - Section 'B' - Maintenance Section 'C' - New Installerions ; AND the Seal of the Corporation be hereto affixed. 13,592.20; 89,550.00; 5,500.00; Carried Unanimously. No. 56 - CUMMINGS - JANVARY - RESOLVED that WHEREAS an application for loan under the TiLe Drainage Act has been received from Mr. & Mrs. George Bethone, owners of property municipally described as 9556 Warner Road, in that section of the City which was formerly in the Township of Stamford; AND WItEREAS an inspection of the works proposed by Mr. & Mrs. Bethone has been carried out by Mr. Ben Redekopp, O.L.S., the Inspector of Drainage for the City of Niagara Falls, and he has confirmed that sufficient outlet facilities are available; NOW THEREFORE BE IT RESOLVED that the application of Mr. & Mrs. George Bethone for a loan in an amount not to exceed $6,000.00 to construct tile drainage works on their property as described in an application dated March 21st, 1985, be approved; AND the Seal of the Corporation be hereto affixed. CarriedUnanimously, BY-LAWS ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 85-143 - A by-law to provide for the notification of resident electors of the date and time of polling, including advance polishand the location of the polling places. No. 85-144 - A by-law to authorize the sale and conveyance of the public walkway between Fairfield Place and the easterly limit of Registered Plan M-61 · No. 85-145 - A by-law to authorize the execution of an aF~reement with Provincial Construction (Niagara Falls) Limited for sanitary sewer installation on Lyon's Creek Read from 8odom Road to Lyon's Creek Parkway. No. 85-146 - A by-law to authorize the execution of an agreement with Ontario Land Corporation for the development and conveyance of land in the Charnwood Subdiv~sion in accordance with a reference plan. No. 85-147 - A by-law to authorize an agreement with Ontario Land Corporation amending a subdivision agreement with Ontario Rousing Corporation (M.O.M.E. proJect).(Charnwood Subdivision}- No. 85-148 - A by-law to designate certain land not to be subject to part lot control.(Charnwood Subdivision) No. 65-149 -A by-law to au[horize the execution of agreements with OrE Sylvania Canadm Limited and 495514 Ontario Limited carrying on business as Bill Kennedy Bloctrio for cleanings group relamping~ general main- tenance, pole replacement and installation of new.s~reet lighting f ixtures, No. 85-150 - A by-law to close a portion of Main Street to vehicular traffic on a temporary basis, (Peach Festival), No. 85-151'- A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area, -9- No. 85-152 - A by-law to designate the City of Niagara Falls Commercial Area Improvement Program Area No. 1 (Clifton Hill) as a Community Improvement Project Area. No- 85-153 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Hinsperger, and Keighan abstaining from the vote on By-~.85-153, on conflicts of interest previously recorded in Report No. 364; and all others voting in favour. OPd)ERED on the motion of Alderman Rinsperger, seconded by Alderman Cummings, · that the following by-laws be now read a second and third time; NO. 85-143 - A by-law to provide for the notification of resident electors of the date and time of polling, including advance polls, and the location of the polling places. No. 85-144 - A by-law to authorize the sale and conveyance of the public walkway between Fairfield Place and the easterly limit of Registered Plan M-61. No. 85-145 No. 85-146 - A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for sanitary sewer installation on Lyon's Creek Road from Sodom Road to Lyon's Creek Parkway. - A by-law to authorize the execution of an agreement with Ontario Land Corporation for the development and conveyance of land in the Charnwood Subdivision in accordance with a reference plan. NO. 85-147- A by-law to authorize an agreement with Ontario Land Corporation amending a subdivision agreement with Ontario Housing Corporation (H.O.M.E. Project). No. 85-148 - A by-law to designate certain land not to be subject to part lot control. No. 85-149 - A by-law to authorize the execution of agreements with GTE Sylvania Canada Limited and 495514 Ontario Limited carrying on business as Bill Kennedy Electric for cleaning, group relamping, general main- tenance, pole replacement and installation of new street lighting fixtures. No. 85-150 - A by-law to close a portion of Main Street to vehicular traffic on a temporary basis. No. 85-151 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. No. 85-152 - A by-law to designate the City of Niagara Falls Commercial Area Improvement Program Area No. 1 (Clifton Hill) as a Community Improvement Project Area. N~. '85-153 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Hinsperger, and Keighan abstaining from the vote on By-la~No. 85-153, on conflicts of interest previously recorded; and all others voting in favour. NEW BUSINESS TRUCKS ON MORRISON STREET Mr. Richard B. Mall, 5315 Morrison Street, was granted permission to address Council on the motion of Aldermen Cummings, seconded by Alderman Coyills. Mr. Hall submitted a petitions containing 135 signatures, protesting the use of Morrison Streets bounded by Stanley and Victoria Avenuess as a route for tractor trailer trucks. Mr. Hall related several incidents and asked that some action be taken to resolve the problem- ORDERED on the motion of Alderman Cummtngss seconded by Alderman Kerrio, that the matter be referred to Staff to contact the Regional Municipality of Niagara and the concerned citizens, and provide a verbal report at the next meeting of Council, Carried Unanimously, FCM - MUNICIPAL INFRASTRUCTURE Aldermen Chessman referred to the FCM Information for Council material w~tch included a report on The Macroeconomic Impact of Accelerated Spending on Municipal Infrastructure. .... 10 - 10 - ORDERED on the motion of Alderman Cheesman, seconded by Alderman Puttick, that the matter be referred to Staff for comments with respect to action which might be taken. Carried Uuanimo~sly~ PROSTITUTION PROBLEM Alderman Cummings expressed concern regarding the prostitution problem in the City of Niagara Falls, and made particular referears to a recent homicide in the area where the aforementioned problem exists. His Worship Mayor Smeaton advised of his recent discussions with Superinten- dent Moody of the Niagara Falls Regional Police Force regarding the homicide; explained the postponement of his meeting with the Minister of Justice; referred to his discussion with Mr. Rob Nicholson, M.P., and his intention of writing the Minister of Justice enclosing press reports related to the recent happening. CHAMBER OF COMMERCE - PANNELL KERR FORSTEK REPORT/O~4C Alderman Patrick referred to reports prepared by Pannell Kerr Forster and asked the City Clerk to forward copies of a report dated June lOth, 1985 to members of Council. ORDEI~ED on the motion of Alderman Coville, seconded by Alderman Herrerr, that the Chamber of Commerce, the Niagara Falls Cauada Visitor & Convention Bureau and the Ministry of Tourjam and Recreation be requested to attend the next meeting of Council for a discussion on the matter. Carried Unanimously. PROPOSED VIDEO TAPE The City Clerk advised that a request had been received from Mr. Allen Kool, Director of Future Films of Toronto, to make a presentation to Council this evening regarding the temporary closing of Centre and Park Streets for the purpose of filming a Rick Rose rock video production. Mr. Keel was granted permission to speak on the motion of Alderman C,mmings, seconded by Alderman Merrett. Mr. Keel discussed the proposal in detail and replied to questions raised. ORDERED on the motion of Alderman C,mmtngs, seconded by Alderman Merrett, that the request be approved in principle, subject to the submission of a Certificate of Insurance, further information, and satisfactory answers concerning possible problems to Senior Staff. Carried Unanimously. **** It was moved by Alderman Herrerr, seconded by Alderman Janvary, that the meeting adjourn. Carried Unanimously. READ AND ADOP YOR WILL S. SHEATO TWENTY-SEVENTH MEETING REGULAR MEETING Council Chambers August 26, 1985 Council met on Monday, August 26th, 1985, at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Mayor William S. Smeaton, Aldermen Chessman, Janvary, Merrett, and Puttick. RESOLUTION No. 57 - RINSPERGER-CUMMINGS - RESOLVED that Alderman Judy err be appointed Acting Mayor in the absence of His Worship Mayor William S. Smeaton, from Saturday, August 24th, 1985 to Sunday, September let, 1985, inclusive; AND the Seal of the Corporation be hereto affixed. Acting Mayor Judy err presided as Chairman. ed the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the minutes of the meeting dated August 12th, 1985, be adopted with a correction being made on Page 10 under Chamber of Commerce - Pannell Kerr Foster Report/OWMC. It should read that the Chamber of Commerce, the Niagara Palls Canada Visitor & Convention Bureau and the Ministry of Tourjam and Recreation be requested to attend the next meeting of Council for a discussion on the matter. qarKied UnanimOUsly. PRESENTATIONS ACHIEVEMENT AWARDS -- Acting Mayor Judy err presented an achievement award to Mr. Kevin Knight who is Christins Collee's coach. Christlea, who was unable to be present, won the 11 - 12 year old girls high Jump in the National Championships of the Arco Jesse Owens games at Drake Stadium on the U.C.L.A. campus in Los Angeles, California. DEPUTATIONS Communication No. 259 - Mr. William A. Amadio, Barrister and Solicitor - Re: Proposed Addition, 4914 Victoria Avenue, Niagara ~alls, The communication requests that the City enter into a cash-in-lieu of parkin agreement pursuant to Section 39 of The Planning Act with Becker~s Appliance and TV Centre. Mr. William A. Amadio addressed Council on behalf of his client, Mr. Don Miskow. Mr. Amadio stated that when Mr. Miskow presented his plans to expand his business to the Building Department, he did not meet the parking requirements in By-law 79-200. Mr. Amadio inquired whether or not Council would enter into a cash-in-lieu of parking agreement with Mr. Miskow. The Chief Administrative Officer asked Mr. Amadio if there was a time.period that he was working with. Mr, Amadio stated that he would not like to see the matter deferred for an indefinite length of time but one or two weeks would be fine. The Chief Administrative Officer stated that he would prepare a report for the Council meeting to be held in two weeks and list any concerns that Staff may have. Following further discussion, it was ORDERED on the motion of Alderman 'Keighan, seconded by Alderman Kettle, that the matter be referred to staff to negotiate a cash-in-lieu of park!n8 agreemen~t with Mr. Don M~skow. Carried Unanimousl]. Communication No. 260 - Mr. John B. Hopkins Barrister and Solicitor - Re; DiCosimo property - Glenview Drive. T~e communi'~ation reque~[~ that Council delay action requiring the immediate removal of a fence by Mr. DiCosimo on his property located on Glenview Avenue and which encroaches on a city road allowance. -2- Mr. John B. Hopkins addressed Council on behalf of his client, Mr. DiCosimo. Mr. Hopkins stated that what he is asking Council to do is to defer the nattar for approximately one year as there ~ould be a considerable amount of expense for his client to take the fence down at this point in time- Alderman Baker inquired as to whether or not the..~ty has had any similar problems with Mr. DiCosimo in the past. The Director of Buildings and Inspections stated that there had · been problems in the past regarding building permits. ORDERED on the motion of Alderman Keighan. seconded by Aldermau Kerrio, that Staff prepar~ an encroachment by~law to allow the fence to remain on City property for one year and that the City be covered by Liability Insurance. The motion was Defeated with Aldermen Keighan, Kettle, and Somerville voting in layout, and Aldermen C,mmtugs, Hinsperger, Orr, and Coville voting contrary, DNFINISHED'BUSINESS FEDERATION OF CANADIAN MUNICIPALITIES OF NIAGARA - REQUEST FOR INFORMATION Communication No. 238 - Re: Niagara Falls Economic Development Agency. The communication advises that the Niagara Palls Economic Development Agency is in agreement that certain promotional material from their office should be supplied to the F.C.M. for their Resource Centre. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that Mr. Chataway be requested to forward the material which he has on hand to the F.C.M. Carried Unanimously. COMPLAINT - KALASMIAN VS. NIAGARA CLIFTON SCENIC TOURS ce unicationNo. -J ;E IgRegional Ssard of Commissioners'of Police - Re: John A. K complaint regarding Niagara Clifton ~'a~Tours. The communication outlines the results of an interview conducted with Mr. Marie Cardinal, his ticket seller and his tour driver. ORDERED on the marion of Alderman Cvmmings, seconded by Alderman Hinsperger, that the communication be received and filed. -- Carried Unanimously. COMMUNICATIONS No, 261 - Regional Niagara Planning andDevelopment Department - DPD 1883 concerning the Ontario Waste ~anagement Corporation The communication outlines a 9 point program relating to 0WMC, ORDERED on the motion of Alderman Coyills, seconded by Alderman Kerrin, that the communication be received and filed. Carried Unanimously. No. 262 - City of Windsor - Re: Adoption of resolution by Windsor City Council. The co2nunication requests Countills endorsation of a resolution asking the Province to expedite the installation of power lines from the Bruce Nuclear Power Development. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the resolution .be endorsed. CarriedUnanimouslY. No. 263 - The Ontario Plumbing 'InspeCtorS Association - The O.P.I.A. Conference. The communication requests that a representative from the Plumbing Inspection Department attend the conference. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coyills, that one member of Staff be authorized to attend. CarrledTUnanimouely. No. 264 - Rec cling of Ontario - Re: Sixth Annual Recycling Conference - ~ctober 4 - 3, 1985. The con~unication requests that the conference brochure be forwarded to all members of Council. ORDERED on the motion of Alderman Cv-~ings, seconded by Alderman Kerrion that one member of the-Municipal Works gtaf~ and one-member .o~ Council be..a~tho~ized to attend. C~rried Unanimously .... No. 265 - The Niagara Peninsula Conservation Authorit~ - Re~ Authority 'and Council Tour - Sundays September 1), 1~8~. The con~snication invites members of Council and senior staff to visit some of the Authorityss escarpment properties and water menaSment projects on a bus tour. 0RD. the =tien of.econd.d Alderman Sometrine, that mornbar.to atte.d co.tact Niagara Peninsu!a.Conservation Authority, CAr~led Unanimousl~, -3- No- 266 - Town of Fort Erie - Re: Level of Ambulance Service in Niagara Region. The communication requests endorsation of a resolution respecting the level of ambulance service. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the resolution be endorsed. The motion Carried with Alderman Keighan voting contrary, and all others voting~vour. No. 267 - eT ~O e Amendment h e communication requests endorsation of a resolution respecting off-road vehicles. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kettle, that the resolution be received and filed, as the matter will be considered by the A.M.O. Carried Unanimously. No. 268 - CNCP Telecommunications - Re: Long Distance dialing proposal. The communication provides in~ormation on CNCP's long distance dialing proposal. ORDERED on the motion of Alderman Coville, seconded by Alderman Kerrio, that the communication be tabled for two weeks for further information. The motion Carried with Alderman Hinsperger abstaining from the vote on a conflict of interest as he is employed by the company, and all others voting in favour. No. 269 - Re ional Niagara Office of - · Rational PolLy lan- naformity of By-laws. The communication requests that Council inform Regional Council of its intentions regarding the passing of by-laws to initiate conformity procedures and that Council act on the recommendation which was added to DPD 1876. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be referred to Staff for a report. Carried Unanimously. No- 270 - City of London - Re: 1991 Pan American Games. The communication requests support for the Pan American Games being hosted in London. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that Council indicate its support of the games to the Prime Minister of Canada. Carried Unanimously; No. 271 - T. Gordon W 1lieReal'Estate Limited - Re: Proposed Amendments to the InZstrial & Commercla£ Sections of Zoning By-law No. 79-200. The communication requests that the Director of Buildings and Inspections review the proposed amendments to the Industrial and Commercial Sections of Zoning By-law No. 79-200. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coyills, that the communication be referred to Staff for a report. Carried ~nanimously.. No. 272 - Canadian Foundation for Caribbean Development & Cooperation ~e; Re: "Caribbean International Youth Year observance Uay" - 30, 1985. The communication requests that September 30th, 1985, be proclaimed "Caribbean International Youth Year Observance Day." ORDERDD on the motion of Alderman Cummings, seconded by Aldermon Htnsperger, that the request be approved subject to established policy. Carried Unnni. mously. No. 273 - Dann D'Addio - Re: "Terry Fox Day" - September 15, 1985. The communication requests that September 15th, 1985, be proclaimed "Terry Fox Day" and that His Worship Mayor William S. Smeaton participate in the flag raising ceremony to be held at City Hall on September 6th, 1~85. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the request be approved subject to established policy. · Carried Unanimouslyt .o. - Arthritis - Anneal residential campaign, September W, l~gb. The cat n requests that the month of September be proclaimed "Arthritis Month" and that Mis Worship Mayor William S. 8meaton participate in a flag raising ceremony at City Hall on August 30th, 1985. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrto, that the campsign be endorsed and the Mayor participate in the flag raising ceremony, Carried Unanimously, -4- communication advises that a seminar on the municipal role in economic development will be held on September 13th, 1985. ORDEKED on the motion of Alderman Coyills, seconded by Alderman Kettle, that a Council representative on the Niagara Falls Economic Development Agency be invited to participate. Carried Unanimously. No. 276 - Pro-Star Niagara - Re: Proposal to operate 1986 summer hockey school at Niagara Fails Memorial Arena. The communication requests permission to operate a 1986 summer hockey school at the Niagara Falls Memorial Arena. ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighans that Mr. Steve Ludzik be granted permission to address Council. Carried Unanimously. Mr. Steve Ludzik addressed Council respectin~ a proposal of Pro- Star Niagara to operate s 1986 hockey school at the Niagara Falls Memorial Arena. Mr. Ludzik presented information which was submitted in a brief to Council. Following further discussion with members of Council and the Supervisor of Recreation Programs, it was ORDERED on the motion of Alderman Cummings~ seconded by Alderman Baker, that the City of Niagara Falls enter into an agreement with Pro-Star Niagara. Carried Unanimously. - AND - Report No. 380 - Chief Administrative Officer - Re: Operation of Hockey School. The report recommends that this report be reviewed by Council in conjunction with Mr. Don HcLean*a request to operate a hockey school. ORDERED on the motion of Alderman Baker, seconded by Alderman Cummings, that the report be received and filed. Carried Unanimously. No. 277 - Niagara Palls, Canada Visitor & Convention Bureau - Re: Third Annual "Winter Festival of Lights". The communication requests permission to mount a lighting pole display unit to a pole in front of the Visitor & Convention Bureau office on Ontario Avenue in order to observe it and make any alterations or modifications which may be required. ORDERED on the motion of Alderman Kerrin, seconded by Alderman Baker, that the request be approved. Carried Unanimously. No. 278 - Social Planning Council of Niagara Falls - Re: prostitution. The communication requests that Council endorse the recommendations on Page 2 of the Fraser Committee Report, regarding Section 195.2 and 195.3 of the Criminal Code. ORDERED on the motion of Alderman Cummings, seconded by Alderman Rlnsperger, that the resolution of Social Planning Council be endorsed. Carried Unanimously. No. 381 - Chief Administrative Officer - Re: Encumbering of Highways By-law No. B3-1~6, Farr Lumber, 46BU queen Street- The report reconnends that under clause (if) of sub-section (4) of By-law No. 83-146 that ~he Corporation retain a disposal service to forthwith complete the work which Mr. Parr was directed to carry out by registered letter on July 23rd, 1985, and that under sub-section (if) of said By-law No. 83-146, any expense incurred by the Corporation, its servants or agents in carrying out the work aforesaid be recovered in a like manner as municipal taxes. ORDERED on the motion of Alderman Kerrin, seconded by Alderman Coyills, that the report be received and adopted. Carried'UnanimouslY. No. 382 - Finance Committee - Re= Finance Committee Reports. 1. Policy for Insurance Coverage re Use of City Property 2. Ontario Schoolboy Curling Championships 3. 0 V Provincial Sin-Pitch Championships The report recommends that Council endorse the following action| 1, That Council establish a policy requiring oraanizations wishing to schedule events on municipal property other than parks and athletic fields royida proof of insurance coverage in the amount of $1,000,~00.00 and that the policy n~me the City as an additional insured party. ' 2, That the request rot funds for the Ontario Schoolboy Curling Championships be referred to the incoming City Council6 3, That Council approve of the advertisement in the 0 V Provincial Slo-Fi~eh magazine in the amount of ~350,00, ORDERED on the motion of Alderman Cummings~ seconded by Alderman Kerrins .that the report be received and adopted, Carried Unanimously,. r m Lm -5- NO. 383 - Chief Administrative Officer - Re: 1985 Debenture Issue. The report recommends that Council approve the resolution appearing on this evening's agenda requesting the Regional Municipality of Niagara to issue debentures in accordance with the terms and the amounts as set out in the attached schedule. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimousl~. See ResOlurlod~No~ No. 384 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $2,248,376.51 for the two week period ending August 26th, 1985, be approved by the passing of the by-law appearing later on the agenda. Alderman Hinsperger declared a conflict of interest on Cheques No. 10352 and 10507 because he is employed by the Company. Additional information was provided on Cheques No. 10412, 10505, 10506,10528, 10540, 10597, and 10599. ORDERED on the motion of Alderman Somerville, seconded by Alderman Baker, that the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on Cheques No, 10352 and 10507 consecutively, on conflicts of interest previously recorded; and all others voting in favour. See B~-law No. 8,5-165.. No. 385 - Chief Administrative Officer - Re: 1985 Tender for Crack Sealing, Contract R.H. 1)-8). The report recommends that the unit prices submitted by Tykes Road Preservers, A Division of Stevensville Lawn Service, be accepted for the above-referenced contract. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See ~sol~tlon No; bO. See B~-la~ No. 386 - Chief Administrative Officer - 1985 Capital Budget "Miscellaneous"- C.A.I.P. III- ~4atermmin on Clifton Hill from Falls Avenue to Victoria Avenue. The report recommends that the by-law appearing later on tonight's agenda be passed by Council. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Baker, that the report be received and adopted. No. 387 - Chief Administrative Officer - Re: Parking Controls - Regional Road ~51 (Victoria Avenue). The report recommends= 1. That the Regionsl Municipality of Niagara be requested to exteud the existing no-parking zone on the wes~ side of Regional Road #51 (Victoria Avenue) from a point 42 metrag south of Kitebauer Street to a point 54 mettea south of Kitebauer Street; 2. That the appropriate by-laws be amended; and 3. That the City arrange to eliminate the two parking spaces in question, providing this request is granted. ORDERED on the marion of Alderman Coyills, seconded by Alderman Keighan, that the report be recelved and adopted. Carried Unanlmous17. No. 388 - Chief Administrative Officer - Re= Two-Way Radio Licenee for Vehicle Communication - Genrechattel Investigation for Underground Services on Clifton Hill. The report recommends that= 1. Two-way Radio Licenee for Vehicle Communication - that staff be granted permission to make formal application to the Ministry of Transportation & CommuniCations for a duplex frequeecy radio system licenee. 2. Geotechnical investigation for Underground Service8 on Clifton Hill - a) thst the Consulting Engineering firm of L.J. Rak Engineering Ltd., Rexdsle~ Ontario, he engaged to carry out the necessary sub-soil investigation for the above- noted pro3ect. ORDERED on ~he motion of Alderman Kerrin, seconded by Alderman Cummings, that for the two-way radio licenee for vehicle communication, staff be granted perm/ssion to make formal application to the Ministry of Transportation & Communications for a duplex frequency radio system licenee. The motion Carried with Alderman BinBperger abstaining from the vote on s conflict of Yetcrest as he is employed by the Company competing, and all others voting in fayour. -6- ORDERED on the motion of Alderman Kerrin, seconded by Alderman Somerville, that the matter of geotechnical investigation for underground services on Clifton Hill be tabled for two weeks so additional quotes may be obtained. Carried Unanimously. No. 389 - Chief Administrative Officer - Re: Youth Hockey School - Stamford Memorial Arena- The report recommends that Burkholder Sports Inc. be given permission to operate a youth hockey school at Stamford Memorial Arena from August 18th until August 30th, 1986. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 390 - Chief Administrative Officer - Re: Purchase of a Fire Department Pumper Truck. The report recommends that the tendered price of $140,000 from Superior Emergency Equipment Ltd. of Red Deer, Alberta, be accepted for a 1986 Fire Department Pumper Truck. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrins that the report be received and adopted. Carried Unanimously. No. 391 - Chief Administrative Officer - Re: Zoning Amendment AM-2/85, Ritz Motel Ltd., 5657 Victoria Avenue- The report recommends that: 1. Council, prior to the passing of amending by-law 85-154 for the Ritz Motel Ltd., determine by resolution, in accordance with Section 34 (16) of the Planning Act 1983, that the changes to the proposed by- law will not require the giving of further public notice. 2. That Council approve by-law 85-154 in accordance with Section 34 (17) requiring written notice to be given. ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan, that the report be received and adopted. Carried Unanimously- See ResolutlonNo. b9. See By-law No. 85-154. No. 392 - Chief Administrative Officer - Re: Proposed Closing and Sale of Walkway between ~iltshire Boulevard and Valour Park. The report recommends that Council pass the following by-laws on tonight's agenda with respect to the proposed closing and sale of the public walkway between Wiltshire Boulevard and Valour Park: 1. A by-law to authorize an agreement with the owners of land abutting the public walkway between Wiltshire Boulevard and Valour Park. 2. A by-law to assume the above walkway. ORDERED on the motion of Alderman Kerrin, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 393 - Chief Administrative Officer - Re: Lot 25, Falls Industrial Park Extension. The report recommends that Council approve of the resale of Lot 25, Registered Plan M~67 from the Canadian Imperial Bank of Commerce to George Gordon Wright, Jr. subject to the purchaser entering into an agreement with the City containing the usual covenants relating to lots in the City's Industrial Subdivisions. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried'Unanimously, No, 394 - Chief Administrative Officer - Re: Former Police Building - Zimmerman & Park. The report recommends that this report be received and filed. Alderman Cummings stated that he would like to know if Mr. and Mrs. Guggolz have insurance on the property and if sos what kind of insurance. The Chief Administrative Officer said that he would inquire as to what type of insurance Mr. and Mrs. Guggolz have on the property. ORDEPaD on the motion of Alderman Kerrin, seconded by Alderman Somerville, that the report be received and filed, subject to Alderman C,,mmings questions being answered, Carried Unanimousl,v, No. 395 - City Clerk - Re: Provision for Advance Polls - 1985 Municipal Election. The report recommends that the contents of this report be noted, that it be received and filed and that the By-law appearing later on the agenda to provide for an additional Advance Poll for the 1985 Municipal Election be passed, ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrto,. th,t report be reoeived and adopted. -7 - No. 396 - Chief'Administrative Officer - Re: Extension of draft plan approval - Drummond }ark Village Extension subdivision, File No. 26T-80003. The report recommends that a Council resolution supporting a further one year extension of draft plan approval for the Drummond Park Village Extension subdivision be forwarded to the Regional Municipality of Niagara. ORDERED on the motion of Alderman Kerrin, seconded by Alderman Cummings, that the report be received and adopted. Carried UnanimousiT. See ~olutlon N6~ 61.. No. 397 - Chief Administrative Officer - Re: Restricted Area By-law 85-133, Forest Glen Estates, Proposed Subdivision, North Side Thorold Stone Road. The report recommends that Council reaffirm its approval of the By-law and direct the Clerk to forward the By-law and letter of objection to the Ontario Municipal Board with the request for a public hearing. ORDERED on the motion of Alderman Kerrin, seconded by Alderman Keighan, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 58 - CUMMINGS-KERRIO - RESOLVED that the Council of the Corporation ot the City of Niagara Falls hereby requests the Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts set out below, and further that the City confirms that it has entered into a contract for or authorized the commeacement of all works herein listed: By-law O.M.B. Financing Retirement Nu~.be~ Nu}be~ Re~u.est. Term 80-218 E801590 $300,000 10 83-263 E831331 lqO~O00 10 $400~000 ;AND the Seal of the Corporation be hereto a~fixed. Ca[tied UnanimOUsly. No. 59 - CUMMINGS-KEIGHAN - RESOLVED that in accordance with Section 34 (16) of the Planning Act 1983, changes to the proposed By-law 85-154 will not require the giving of any further public notice; AND the Seal of the Corporation be hereto affixed. Carried Un}nimousl]. No. 60 - RERRIO-CUMMINGS - RESOLVED that the unit prices submitted by Tykes Preservers, Division of Stevensville Lawn Service for contract R.M. 15-85, for 1985 tender for Crack Sealing, be accepted at the low tendered amount of $13,400.00; AND the Seal of the Corporation be affixed. Carried Unanimously. No. 61 - KERRIO-CUMMINGS -RESOLVED that the Council of the City of Niagara Falls hereby supports a further one year extension of draft plan approval for the Drummond Park Village Extension Subdivision (File No. 26T-80003), and that the Regional Municipality of Niagara be so advised; AND the Seal of the Corporation be hereto affixed. C~rrie~,Un~nim~usl7. ~Y-LAW~ ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 1. 85-154 - A by-law to amend By-law No. 79-200, as amended. (Ritz Motel) 2. 8%%I55 - A by-law to amend By-law No. 79~200, as amended. (Calabrese) 3. 85-156 - A by-law to designate an area of land in the City of ' ' Niagara Falls as a site plan control area. 4. 85-157 - A by-law to authorize the installation of watermains as an improvement to the water supply system in the Urban Service Areas of the City. 5. 85-158 - A by-law to authorize the execution of an agreement with ' Tyke's Road Preservers a division of Steveusville Lawn Service Ltd- for crack sealing on various road surfaces in the City of Niagara Falls. .: -8- 6. 85-159 - A by-law to authorize an agreement with Canadian Imperial " Bank of Commerce and George Gordon Wright, Jr. respecting Lot 25 in the Falls Industrial Park Extension Subdivision. 7. 85-160 - A by-law to authorize an agreement with owners of land abutting the public walkway between Wiltshire Boulevard and Valour Park. 8. 85-161 - A by-law to assume a public walkway between Wiltshire ' Boulevard and Valour Park. 9, 85-162 - A by-law to provide for the holding of an additional advance poll for the 1985 municipal election. 10.85-163 - A by-law to authorize the execution of an agreement with Cognos. 11.85~164 - A by-law to authorize the execution of an agreement with Data General. 12.85-165 - A by-law to provide monies for general purposes. The motion Carried with Alderman Hiusperger abstaining from the vote on By-law Noj ~)-165, on conflicts of interest previously recorded in Report No. 383; and all others voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the following by-laws be now read a second and third time: 1, 85-154 - A by-law to amend By-law No. 79-200, as amended. (Ritz Notel) 2- 85-15__5- A by-law to amend By-law No, 79-200, as amended, (Calabrese) 3, 85-156 - A by-law to designate an area of land in the City of Niagara Palls as a site plan control area. 4. 85-157 - A by-law to authorize the installation of watermains as an improvement to the water supply system in the Urban Service Areas of the City. 5. 85-158 - A by-law to authorize the execution of an agreement with Tyke's Road Preservers a division of Stevensville Lawn Service Ltd. for crack sealing on various road surfaces in the City of Niagara Palls. 6. 85-159 - A by-law to authorize an agreement with Canadian Imperial Bank of Commerce and George Gordon Wright, Jr. respecting Lot 25 in the Falls Industrial Park Extension Subdivision. 7. 85-160 - A by-law to authorize an agreement with owners of laud abutting the public ~alkway between Wiltshire Boulevard and Valour Park. 8. 85-1A1 - A by-law to assume a public walkway between Wiltshire Boulevard and Valour Park. 9. 85-162 - A by-law to provide for the holding of an additional advance poll for the 1985 municipal election. 10.85~16~ - A by-law to authorize the execution o£ an agreement with Coghoe. 11.85~164 - A by-law to authorize the execution of an agreement with ' Data General. 12.85-165 - A by-law to provide monies for general purposes. The motion Carried with Alderman Hinsperger abstaining from the vote on By-law No. ~5-165, on conflicts of interest previously recorded in Report No. 383; and all others voting in favour. NEW BUSINESS " TOUR OF Y.M.C.A. FACILITIES Alderman C"~mlags encouraged all members of Council to tour the Y.M,C.A. facilities during the week of their Open House from September 3rd to 7th, 1985. The su ested time for Council is 4x30 p,m. on Thursd~X September 5th, L -9- **** It was moved by Alderman Kerrio, seconded by Alderman Cummings, that the meeCing adjourn. CarriedUnanimously. READ AND ADOPTED, TWENTY-EIGHTH MEETING Committee Room #1 September 9, 1985 Council met on Monday, September 9th, 1985, at 7:15 p.m. in Committee of the Whole- All members of Council were present with the exception of Alderman Somerville. Alderman Kerrio presided as Chairman. Following consideration of the items presented the Committee of the Whole arose to report in open Council. PLANNING/REGULAR MEETING Council Chambers September 9, 1985 Council met on Monday, September 9th, 1985, at 7:30 p.m. for the purpose of considering Planning Matters and regular business, All members of Council were present with the exception of Alderman Somerville. His Worship Mayor Smeaton presided as Chairman. Alderman Janvary offered the Opening Prayer. "DAREDEVIL" CHILI CHALLENGE Mr. Ken Scott, Chairman of the 1985 United Way Campaign, issued a "Daredevil" Chili Challenge to His Worship Mayor Smeaton, which was accepted. The Challenge is scheduled for September 28th, 1985, and "kicks off" the 1985 United Way Campaign. A visual aid slide demonstration was presented to promote the event. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the minutes of the meeting dated August 26th, 1985, be adopted as printed. Carried Unanimously. ~nCp~ His Worship Mayor Smeaton welcomed Mary and Beth Ann Bateman of the 15th Niagara Girl Guides to the Council meeting. REPORTS -'PLANNING MATTER.~S No. 398 - (PD/95/85) - Chief Administrative Officer - Re: Am-4/85 Zoning Amend- ment Application, Mr. M- Karachi., North Side Yokum Road. The report reconnnends the following: 1) That Staff be directed to prepare the necessary by-law amendment for enactment at a subsequent Council meeting; 2) That the various setback provisions recommended in Technical Report PD/91/85 be incorporated into the by-law amendment. His Worship Mayor Smeaton declared the Public Meeting open and explained the =pFgcedure under the Planning Act of Ontario- The City Clerk advised that the application proposes a change to existing by-law provisions for RA (Rural Agricultural) gone as they apply to the subject lands by restricting the use of the land to a cemetery with no buildings or structures accessory thereto. Me stated that the Notices of Public meeting were mailed to interested persons on August 7th, 1985 by First Class mail. In response to Mayorts Smeatones request, the Applicant, Mr. Karachi, and his Agent, Mr. Joe Montgomery, Industrial Co~issioner, indicated their attendance at the meeting. Mayor Smeaton asked that all persons wishing to receive further notice of the passing of the by-law should leave their names and addresses with the Clerk prior to leaving the meeting. He reviewed the procedure of the meeting, and requested that all persons who wished to speak ~hoUld. submit their names and addresses to the Clerk prior to speaking. ' -2- The Planning Director explained the purpoae~of the proposed amendment, indicating the subject property with the assistance of posted sketches. He dis- cussed the information contained in the Technical Report regarding the Location, Property Description, Proposal, Official Plan, and the Planning Review. Doctors A. F. Sahin, and E. Sayed, addressed Council in support of the proposal. They discussed the spiritual needs of the people of the Islamic faith and the necessity of a cemetery to meet those needs. Mr. Joe Montgomery discussed the difficulties encountered by the people involved, the reasons for a cemetery divided from residential property, and re- viewed past actions taken to resolve the situation. He stated that the group had met all requirements, and were presently negotiating with adjacent landowners for additional property. Mr. Montgomery asked for support of the -,proposal. Mr. Charles Gill, Chairm~n of the Niagara South Federation of A~riculture, expressed opposition to the application. He advised that the matter had been turned down at a Sub-Committee meeting as contrary to the Official Plan of the Region, although at a second meettr~ of the Regional Planning Committee, approval had been given. He suggested that another parcel owned by Mr. Karachi might be more appropriate. Mr. Jim Hasler, representative of the Society for the Preservation of Agri- cultural Land, expressed opposition to the application because it was considered to be good farmland, and presented an aerial photograph as confirmation of this statement- Mr. Karachi discussed efforts made to find a suitable site, the former use of the land by Mr. Gills the subsequent lease of the,land, and his decision-to donate 5 acres for the proposed purpose. Mr. Bill Morris referred to the procedure for burial in India. He stated that the land had been used as farmland. " The Planning Director advised that the present Niagara Palls Official Plan does permit the proposed use. He further advised that the Regional Official Plan which takes precedence over the Niagara.Falls. Official Plan does not,permit a cemetery on the subject lands. Following further discussion on the matter, His Worship Mayor Smeaton declared the Public Meeting cl6sed. ORDERED on the motion of Alderman Keighan, seconded by Alderman Orr~ that the report be received and adopted~ with the additional requirement that a storage structure for maintenance equipment be approved. The motion Carried with the following vote: AYE: Aldermen Baker, Cheesmanj C,~mlug8, Hinsperger~ Keighan, Kerrio, Merrett, Orr, and Puttick. NAYE: Alderman Coville. No. 399 - (PD/93/85) - Chief Administrative Officer - Re: AM-5/85 Zoning Amendment Application, D~. V.'VaSic, Northwest corner Portage Road and Prospect Street, Lots 40~ 41, and 42, .Registered Plan.~2.. .The report recommends, the following: ' "" ' ....... ~ 1) That Council support the proposed amendment to By-law 79-200 as detailed in Planning Department Report PD/92/85; 2) That Council direct Staff to prepare the required zoning by-law amendment '!'! and Site Plan Control byTlaw.for enactmeDt,at a. Subsequent Council meeting. In response to the request of Mayor Smeaton, the City Clerk advised that this is an application to permit a change in zoning on the lands to NC (Neighbeurhood Commercial) with a special provision limiting the use of the land for a parking lot and a clinic for not more than 6 practitioners, and to provide for increased parking standards. He further advised that notification of the meeting was forwarded by First Class mail on A~gUst 2nd~ 1985. · Dr. V. Vasin advised that he was representing himself at the meeting, and a 'number of persons present.indicated their interest in the utter, His Worship Mayor Smeaton requested that all persons wishing further notice of the passage ~f the by-law. should Submit their names and addresses to the Clerk prior to leavingl the meeting,. H~ .~xR~a~ned thePrOce.dur~,gf the Public'~eetinS. ,, The Planning Director explained the purpose and'reason for the proposed amendment, and demonstrated the subject lands with the assistance of posted sketches. He referred ~o ~he. original application, advised that Dr. Vasic had purchased additional property f.or the creation of further parking spaces, and landscaping purposes. The Planning Director reviewed information contained in ~he Te~hnical Report, discussing in detail the Planning Review, -3- His Worship Mayor Smeaton requested comments from persons present, other than the applicant, in support of the proposal, and received a negative response. Mrs, Robert Campbell~ 5919 Britannia Crescent, responded to Mayor Smeaton's request for comments from persons opposing the application. She referred to her previous submissions on this matter, pointed out the traffic problems presently in the area, the crossing of school children, discussed the lease to the store owner on the subject lands, and future plans for the proposed clinic. She expressed the opinion that the City of Niagara Falls did not require another medical or professional building, and asked that the application be denied. Mr. E. Greco, 5912 Britannia Crescent, stated that parking facilities in the area were insufficient for another clinic, and referred to Dr. Vasic's plans for the subject lands and the possibility of future applications for re-zoning. Mrs. Nancy Golfi, 5971 Britannia Crescent, submitted a communication from Nancy and Giacomo Golfi in support of the application. Dr. Vasic advised that he did not prospose to make future applications for re-zoning of the property in question. He expressed his disagreement with the comments of Mrs. Campbell, and his intention to cooperate with the facilities for parking in connection with the Greater Niagara General Hospital. He referred to information he had received that the proposal would ensure a more favourable traffic flow. Since there was no response to a request for further comments, Mayor Smeaton declared the Public Meeting closed. Following a brief discussion, Mayor Smeaton declared the meeting closed. ORDERED on the motion of Alderman Puttick, seconded by Alderman 0rr, that the report be received and adopted. The motion Carrie~ with the following vote: AYE: Aldermen Baker, Chessman, Coville~ Minsperger, 3anvary, Keighan, Merrett, Orr~ and Puttick. NAYE: Aldermen Cummings, and Kerrio. No. 400 - (PD/90/85) - Chief Administrative Officer - Re: AM-9/85 Zoning and Official Plan Amendment, Greycliff Inn Inc., Blb~ fundy's Lane. Agent: Reid, McNaughton. The report recommends the following: 1) That Council not support the proposed Official Plan and Zoning By-law amend- ment applicatot~s by Greycliff Inn Inc. for a senior citizens' residence in the Lundy's Lane Tourist Commercial area; 2) NOTE: Should Council approve the proposed application, that Staff be ~Irected to prepare a by-law and Official Plan amendment for enactment at a subsequent Council meeting, subject to the following conditions: (a) that a parking provision of .6 spaces per unit be applied to the proposed development; (b) that the subject lands be placed under Site Plan Control; (c) that the provision of sidewalks across the frontage of the site be a requirement of site plan approval; (d) that the proposed development comply with the Institutional Zone requirements set out in By-law 79-200 with the exception of increased parking provisions and building setbacks for Lundy's Lane. His Worship Mayor Smeaton declared the Public Meeting, for consideration of this matter, open. The Clerk advised that the application proposes a change in the Official Plan land use designation from Tourist Commercial to Residential and a zoning by-law amendment from Tourist Commercial to Institutional, in order to permit the subject lands to be used for a senior citizens' residence having not more than 45 units and ~0 single beds. He advised that Notice of the Public Meeting was forwarded by First Class mail on August 7th, 1985s and notice respecting the Official Plan Amendment was placed in the Niagara Falls Review on August lOth, 1985. In response to the query of Mayor Smeaton, Mr. Joseph A. Zabek~ Solicitor, indicated his presence on behalf of the applicant. Several persons indicated an interest in the matters and Mayor Smeaton asked that persons wishing to receive further notice of the passage of the by-law should submit their names and addresses to the Clerk prior to leaving the meeting. The Planning Director explained the purpose and reason for the proposal~ and demonstrated the subject lands with the assistance of a posted sketch. He referred to a similar application which had previously been spproved by Council and then withdrawn by the applicant. The Planning Director discussed the information contained in the Technical Report, and reviewed the concerns on page two of Report PD/90/85 with respect to isolation from community facilitiess lack of sidewalks, residential amenities and community services, and the possibility of conflicts being created by the introduction of a residential land use in the midst of a tourist commercial area. . · · · 4 -4- Mrs. Goldie Lovasi, 8161 Catalina Street, expressed no objection to the proposal, but asked that a fence be constructed around the property for privacy purposes. The City Clerk advised that 24 identical letters in support of the applica- tion had been received on September 5the 1985. A negative response was received to a request for further comments from persons present in support of, or opposed to, the proposal. Mr. Zabek, on behalf of his client, pointed out the growing need for senior citizens' housing in this community, He discussed the size of the building, area for exercising and walking, transportation facilities, easy accessibility to residents as well as inhabitants, and the "year-round" accom- modation. He stated that the project would provide employment for 20 people on a year-round basis, and further discussed the amenities available for the purpose. Mr. Zabek advised that Council had previously recommended increased parking facilities, and that there was "more than sufficient space", and stated that the request for fencing would be included in the site plan. He suggested that this proposal would be "an asset to the area and to the City". A discussion followed regarding methods of transportation, government subsidized rates, recreational facilities, the possibility of a future request for sidewalks, transportation, etc. Following further discussion, Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman C,~mings, seconded by Alderman Hinsperger, that the application be approved. The motion was ~efe.~ted with the following vote: AYE: Aldermen C,n~mings, Hinsperger, Keighan, Kerrin, and Puttick. NAYE: Aldermen Baker, Chessman, Coville, Janvary, Herrerr, and Orr. ORDERED on the motion of Alderman Puttick, seconded by Alderman C~mmtngs, that the matter be tabled for further information. The motion Car.tied with the following vote: AYE: Aldermen Chessman, C,,mmings, Hinsperger, Keighan, Kerrin, Orr, and Puttick. NAYE:Aldermen Baker, Coyills, Janvary, and Herrerr. No. 40i - (PD/89/85) - Chief Administrative Officer - Re: Application for Exemption from Part Lot Control, Lots 2, 1O, 1~, i), 19, 31, & 32, Registered Plan M-78, Post Road (Ascot Woods Extension). The report recommends that the request from Slovak, Sinclair, Crows, Manns Stockton & Henderson, on behalf of J. Mikulcic, Verona Homes and Wedgewood Homes. to exempt Lots 2, 1O, ll, 15, 19, 31, and 32, according to Registered Plan M-78, from Part Lot Control be approved and that Council pass the appropriate by-law to designate certain land not to be subject to Part Lot Control. ORDERED on the motion of Alderman Coyills, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. 'S~eBy-law No. 85-167. No. 402 - (PD/97/85) - Chief Administrative'Officer - Re: ST-93(a) Public Meeting: Clifton Hill Community-Improvement Plan. The report recommends the following: 1) That input received from citizens of Niagara Falls at tonlSht's Public Meeting regarding the proposed Clifton Hill Community Improvement Plan b~ referred to Staff and the Clifton Hill Improvements Steering Committee; 2) That Staff be authorized to make appropriate modifications and refinements to the Plan, based on public input and agency comments; 3) That the Clifton Hill Steering Committee present the final Clifton Hill Community Improvement P~an at a subsequent Council meeting for Council approval and adoption, His Worship Mayor Sme~ton advised that this was an official PUblic Meeting. The Planning Director explained the proposed plan for Clifton Hill with the 'assistance of posted sketches, and advised that Notice of the meatinS was given 31 days ago. He explained the details of the proposal. His Worship Mayor Smeaton requested a show of hands from persons for or i the pro osal, and asked that any persons wishinS further not ce of the a~a nst i passing of~the ~y-law to leave names and addresses with the Clerk prior to' leavinS the meetinS, He .reviewed.the procedure of the Public NeetinS. .h_ -5- The Planning Director explained the purpose of the program, using the posted sketch of the subject area, provided background details, and reviewed the recom- mendations in the report. He discussed the information contained in the report, including the funding program. Mr. Dudley Burland, and Mr. Harry Oakes, members of the Clifton Hill Board of Management, expressed optimism for the plan, and with the replacement of trees in the area. Mayor Smeaton received a negative response to a request for further comments from persons in opposition to the proposal. He declared the Public Meeting closed. Further discussion followed regarding the underground services, and improved parking for tourists, as well as the possibility of a pedestrian walkway under the railway tracks at the top of Clifton Hill. The Director of Municipal Works agreed to provide a cost estimate of the suggested walkway. ORDERED on the motion of Alderman Keighan, seconded by Alderman Hinsperger, that the report be received and adopted. Carried UnanimoUSly., No. 403 - Chief Administrative Officer - Re: Geotechnical Investigation Propos- als for Underground Services - dlifton Hill. The report recommends that the firm of Peto MacCullum Ltd. be engaged to carry out the necessary subsoil investigation for the above project. Alderman Cummings declared a conflict of interest because the firm he is employed with was involved. ORDERED on the motion of Alderman Keighan, seconded by Alderman Herrerr, that the report be received and adopted. The motion Carried with Alderman Ctunmings abstaining from the vote on a conflict of interest previously recorded, and all others voting in layout. No. 404 - Chief Administrative Officer - Re: Minniti and Official Plan Amend- ment No. 133 (B.~.X. Track). The report recommends that Council pass the by-law on tonight's agenda to authorize the execution of an agreement with Joseph Minniti. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. The motion q, rried with the following vote: AYE: Aldermen Baker, Chessman, C,,mmi~gs, Hinsperger, Janvary, Kerrin, Merrett, Orr, and Puttick. NAYE: Aldermen Coville, and Keighan. Se~ By-law No. 85-168. No. 405 - (PD/86/85) - Hazardous Waste Steerin~ Committee - Re: OWMC's Phase 4A Factors and Site Selection Workshops. The report ihcfud~s recommendations submitted by the Steering Committee and recommends that Council receive the attached report for information- ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried U~animouslF.. No. 406 - (PD/87/85) - Hazardous Waste Steerin~ Committee - Re: Group of Eight Review of the OWMC Phase 3~ Technical Reports. The' report includes the Research Team report with the recommendation that it be forwarded to the Group of Eight, the Chamber of Commerce, the OWMC, the Regional Municipality of Niagara, the Township of West Lincoln and to Council; and recommends that Council receive and file the attached report for information. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the report be received and adopted, and a letter of thanks be forwarded to the Group of Eight. Carried Unanimously. No. 407 - (pD/85/85) - Hazardous Waste Steering Committee - Re: Status Report on the City's OWMC Activities and Expenses lot the rIP[Half of 1985. The report attaches the aforementioned Status Report, and reco~nends that the information contained therein be noted and the report be received and filed. ORDERED on the motion of Alderman C,,mmtngs, seconded by Alderman Puttick, that the report be received and adopted. Carried UnanimoUsly. No. 408 - (PD/98/85) - Hazardous Waste Steering Committee - Re: Hazardous Waste Research Team Extension. The report recommends tha~"~present contracts of the three members of the Hazardous Waste Research Team be extended until December 31st, 1985. ORDERED on the motion of Alderman Chessman, seconded by Alderman Keighans that the report be received and adopted. Carried Unsnimously~ -6- UNFINISHED 'BUSINESS CNCP TELECOMMUNICATIONS Report No. 409 - Chief Administrative Officer - CNCP Telecoum~unications. The report advises that the C.R.T.C. turned down the C.N.CoP. proposal that would have broken the public long distance monopoly and revamped phone rates; and recommends that the contents of this report be noted and it be received and filed. Alderman Hinsperger declared a conflict of interest because he is employed with the company involved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on a conflict of lnteres~iouely recorded~ and all others voting in fayour. CASH-IN-LIEU POLICY - VICTORIA AVENUE Report No. 410 - Chief Administrative Officer - Re: Cash-in-Lieu Policy, Victoria Avenue. The report recommends the ~ollowing: 1) That Council consider the appropriateness of enacting the cash-in-lieu by-law in light of Staff concerns as detailed in this report. 2) That, if following a review of Staff concerns, Council is in fayour of approving the request for a cash-in-lieu agreement as a single exception to established policy, and recognizing that the application has confirmed a need to examine and clarify existing policy as well as determine present and future parking requirements in the Victoria Avenue area. Staff be directed to proceed with the preparation of Terms of Reference for a consultant's study respecting the review and update of the existing cash-in-lieu policy and its applicability to Victoria Avenue and other commercial areas. Following a brief discussion, it was moved by Alderman Merrett, seconded by Alderman C,,mmtngs, that the matter be referred to Staff and the Parking & Traffic Committee for further study. The marion Ca.~ried.with the following Vote| AYE: Aldermen Baker, theesmart, Coville, C,,mm{ngS, Hinsperger, Keighan, Kerrin, Merrett, and Puttick. NAYE: Aldermen Janvary, and Orr. OPERATION BLESSING Report No. 411 - Chief'Administrative'Officer - Re: Operation BleSsing - Former Salvation Army Building. The report recommends that Council again consider recommendations (1) and (2) in the report of August 12~ 1985 (copy attached) together with the information contained herein. The City Clerk advised that a call had been received from Mr. Doug Embleton, D. & L. Antiques~ with an offer to rent the building for $200.00 per month, or to purchase the property for $20,000.00. Rev. M. Radowsky, St., Operation Blessing, entered the discussion with respect to the building, and stated that hie group would be willing to renovate the building in order that it m~ght be used by them on an interim basis until it is due to be demolished. During the discussion it woe pointed out that the subject property is included in a large project which has been scheduled for some time, and it is considered to be an integral part of the whole plan. It was suggested that an alternative site within the area be located for Operation Blessing. ORDERED on the motion of Alderman Orr, seconded by Alderman C,,mminge, that the matter be tabled for 2 weeks in order that the Social Planning Council, Rev. Radowsky, and Staff might. arrange an alternative site. Carried'Unanimously- TRUCK TRAFFIC - MORRISON'STREET Report No. 412 - ChiefAd~inistrat£ve'0fficer - Re= Truck Traffic on Morrison Street. The report recommends that no change be made to the Cityts heavy truck by-law and that heavy trucks not be prohibited from using Morrison Street, between Stanley Avenue and Victoria Avenue. Mr. Richard B. Bell, 5315 Morrison Street, referred to his previous address to Council and submission of a petition signed by 125 concerned residents in the area on this matter. He stated that concerned residents would be trevelli~S to Toronto t~morrow in order to address their concerns to the Minister of Transport. -7 - During the discussion it was suggested that the Region might be approached with a request to install signs restricting traffic to half load limits and indicating fines for infractions. ORDERED on the motion of Alderman Kerrin, seconded by Alderman Coville, that the matter be referred to Staff for consideration of the suggested alternatives, and a report. Carried Unanimously. Alderman Orr retired from the meeting. ROYAL CANADIAN LEGION DRUMHEAD SERVICE Report No. 413 - Chief Administrative Officer - Re: Royal Canadian Legion Drumhead Service. The report recommends that City Council consider financial participation in the Drumhead Service ceremonies to be held on September 21st, 1985. ORDERED on the motion of Alderman Puttick~ seconded by Alderman Hinsperger, that the report be received and the request for financial assistance be approved. The motion Ca, rrie, d with the following vote: AYE: Aldermen theeamen, Covtlle~ Hlosperger, Keighan, Kerrio~ Merret=, and Puttick. NAYE: Aldermen Baker, Cummings~ and Janvary. COMMUNICATIONS No. 279 - Re ional Niagara Planning & Development Department - Re: Report on OWMC Activit~es. The communication attaches reports respecting the 0WMC Site Selection Workshop held in July 1985; a Response from OWMC to Regional Niagara's comments on Phase 4A factors; and a Statement to the Legislature by the Minister on Environmental Assessment of waste facilities. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the communication be received and filed. Carried U. nanimously.. No. 280 - Regional Niagara Plannin~ & Development Department - Re: DPD 1890 - Niagara Escarpment Plan. The communication attaches a report on the afore- mentioned. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the communication be received and filed. Carried U~,n, animousl~. Parking fo Handicapped. The conunu~tCation attaches a report on the aforementioned. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the communication be received and referred to Staff and the Parking Committee for a report. It was further recommended that a copy of the communication be forwarded to the Social Planning Council. Carried Unanimously. No. 282 - Regional Niagara Office of the Clerk - Re: Second Quarter 1985 - Building Permit Activity. The communication attaches a report on the above mentioned. ORDERED on the motion of Alderman Cummings~ seconded by Alderman Kerrin, that the communication be 'received and filed. Carried U,nan, imousl~., No. 283 - Minister of ~riculture & Food - Re: "World Food Day" - October 16th, 1985. The communication asks Council to approve a Proclamation for "World Food Day". ORDERED on the motion of Alderman C,,mmtngs, seconded by Alderman Coville~ that the communication be received and the request approved subject to established 'policy. Carried Unanimously. No. 284 - The 1R~2.1 Canadian Le ion Branch 51 - Re: "Legion Week" - September 15th to 21st, The communication asks Council to approve a Proclamation of "Legion Week" · ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the communication be received and the request approved subject to established policy. Carried Uanaimously. No. 285 - Mayor Robert M. Morrow Hamilton - Re: FCM/Infrastructure Program. :The communication invites Counci~ to attend an FCM meeting on September 13th, 1985 in connection with the Infrastructure Program. During the discussion, Alderman Chessman volunteered to attend the meeting, if possible, and report to Council. ORDERED on the n~)tion Of Alderman Cummings, seconded by Alderman Baker~ that any members of Council planning to attend the evening advise the Clerk by September 10th~ 1985. Carried Unanimously. 'No, 286 - Rec clin~ Council of Ontario - Re: Recycling Week - September 30th to October 5th, ~6~. T~e communication invites the City of Niagara Falls to ' participate. OPaERED on the motion of Alderman Merrett~ seconded by Alderman Kerrin, that the communication be referred to Staff for a report. Carried Unanimously. J No. 287 The Royal Canadian Legion, Branch 396 - Re: Church Parade - September 22rid, 1985- The co~nunication requests a Parade Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerr~o~ that the request be granted subject to the approval bf other authorities. Carried Unanimously. No. 288 - Re, Dual Municipality of Peel - Re: Pension Provisions for Elected Officials. e communication asks Council to endorse a Resolution to resolve the matter of a pension plan for Elected Officials. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the communication be received and flied. The motion Carried vith the following Vote: AYE: Aldermen Baker, Chessman, Cummings, Coville, Hinsperger, Janvary, Keighan, Kerrio, and Merrett. NAYE: Alderman Puttick. No. 289 - Regency Hockey Club - Re: Hockey Tournament - December 1, 1985. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that the request of the Regency Hockey Club for a special occasion permit for their Hockey Tournament to be held ou November 28th through December let, 1985, at the 'Stanford and Jack Bell Arenas, Niagara Falls be approved subject to the appFoval of the Regional Police Departmeut~ the Niagara Falls Fire Department, the Niagara District Health Unit, and the Liquor Licensing Board Of Ontario, Carried Unanimously. REPORTS No. 414 - Municipal'Works'Committee - Re: Purchase of Daylighting Triangle - North Easterly Corner of Murray Street & Buchanan Avenue. The report recommends the following: 1). That the owners of the Holiday Inn on Murray Street be advised that the City does not wish to sell a four-foot strip of the Buchanan Avenue road allo~r- ance abutting the hotel property; 2) That they be offered $4,300 as the purchase price of a right angled triangu- lar shaped parcel of land, located on the north/easterly corner of Murray . Street and Buchanan Avenue, containing approximately 344.45 square feet of space; and 3) That they be advised that the City will also pay any expenses associated with the transfer of the ownership of their property to the City. o, ERED o. the motinn of derman .errio. aeconded Alderma - oville. that the report be received and adopted. Carried Unanimously. No. 415 - Chief Ad~Ltnistrative Office~ - Ks: Contract R.C. 16-85 - Road Construction-Valley View Subdivision. The report recommends that the unit prices submitted by the low tendeter, Hard-Rock Paving Company Ltmlted, for contract R,R, 16-85 be accepted. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Chessman, that the report be received and adopted, Carried Unanimously, See Resolution No, 62, see 'By-la~'N0; No, 416 - Chief Admiuistrative-Offiee~ - Re: 1985 Cold Nix Resurfaciug Program - Contract C,M, 18-8~. The report recommends that the unit prices submitted by .the onlyTenderer, NorJohn Contractig Limited, be accepted. ORDERED on the motion of Alderman Cheesmau, seconded by Alderman Kerrio, that the report be received and adopted, Carried Unanimousl~. See Resolution No.'63. . .. ' . see .o. 4v - chief Adminiat ative 'Officer - Sewer Repair - .ell Ave.ee. The the report be ~eceived and adopted, Carried Unanimous1]. .o. 4xs -,chief ^dmin,.trativa- ..: Arena Servic. Attwndaat acket.. School lo$o on the Arena Service Attendant Jackets, ": ' -9- Following a brief discussion, it was moved by Alderman Merrett, seconded by Alderman Cummings, that the request be denied. The motion Carried with the following vote: AYE: Aldermen Baker, Cheesman, Coville, Cummings, Hinsperger, Janvary, Keighan, Kerrio, and Merrett. NAYE: Alderman Puttick. No. 419 ~ Chief Administrative Officer - Re: Site Plan Approval - Proposed 3 Storey Hotel Addition - 7429 Lundy's Lane. The report recommends that the Council approve the site plan on display at tonlght's meeting, being a proposed hotel addition, and the site plan being drawing number T1 dated September 6th, 1985 and prepared by Venerino Panici Architect, and filed with the Buildings and Inspections Department of the City of Niagara Falls on September 6th, 1985, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. No. 420 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $4,387,522.55 for the two week period ending September 9th, 1985, be approved by the passing of the by-law appearing later on the agenda. Alderman Hinsperger declared a conflict of interest on Cheques No. 10609, 10799, and 10819 because he is employed by the company; and on Cheque No. 10793 because he is a member of the Club. Alderman Keighan declared a conflict of interest on Cheque No. 10838 because members of his family have an interest. Alderman Puttick declared a conflict of interest on Cheque No. 10818 because he is the person involved. Additional information was provided on Cheques No. 10620, and 10698. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Baker, that the report be received and adopted. The motion Carried with Aldermen Hinsperger, KetChart and Puttick abstaining from the vote on Cheques No. 10609, 10799, 10818, t0793, 10838, and 10818 consecutively on conflicts of interest previously recorded; and all others voting in fayour. No. 421 - Chief Administrative Officer - Re: Representation on School Boards. The report provides information regarding the aforementioned, and recommends that the contents of the report be noted and that it be received and filed. ORDERED on the motion of Alderman Kettle, seconded by Alderman Keighan, that the report be received and adopted. Carried Unanimooely. No. 422 - Chief Administrative Officer - Re: Incentive Program for Civic Employees - United Ray. The report recommends that Council approve an extra five days' vacation for the winners of the two draws of the City's 1985 United Way Incentive Program. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kettle, that the report be received and adopted. Carried Unanimousl~., No. 423 - Chief Administrative Officer - Re: Council Meeting - Election Eve. The report recommenda that tSe ~ounciI meeting scheduled for Monday, November llth, 1985, be cancelled. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Hinsperger, that the report be received and adopted, Carried Unanimousl~. No. 424 - Chief Administrative Officer - Re: Sale of Lot - Sinnicks Aven~e & Vine Street. The report recommends that Council authorize the sale of Lot 101, Registered Plan 109, for $11,O00.00. Thin report was considered in Committ.ee of ~he Whole p~ior to the meeting, Alderman Coyills declared a conflict of intereat for businesa reasons. ORDERED on the motion of Alderman Merrett, seconded by Alderman Janvary, that Council ride and report, and ratify the decision in Committee of the Whole that the report be received and adopted. The motion Carried with Alderman Coville abstaining from the vote on a conflict of lntere'~revioosly recorded, and all others votir~ in favour. RESOLUTIONS No. 62 - KERRIO - CHEESMAN - RESOLVED that the unit prices submitted by Hard-Rock Paving Company ~imited for Contract R.C. 16-85 - Road Construction in Valley View Subdivision, be accepted at the low tendered amount of $27,967,50; AND the Seal of the Corporation be hereto affixed, qarr.ie.d ~animously. - 10 - No. 63 - CHEESMAN - KERRIO - RESOLVED that the unit prices submitted by NorJohn Contracting Limited for 1985 Cold Mix Resurfacing Program - Contract C.M. 18-85, be accepted at the only tendered amouut of $82,062.75; ~ the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAW~ The City Clerk advised that By-law No. 85-166 was advertised in the local newspaper and concerned persons were invited to attend the meeting. There was no response to Mayer Smeaton's request for an indication of the presence of interested persons at the meeting. ORDERED on the motion of Alderman C.mmtngs, seconded by Alderman Kerrio, that leave be granted to Introduce the following by-laws, and the by-laws be read a first time: No. 85-166 - A by-law to change the name of Ussher Street according to Plan 342 to Robertson Place. No. 85-167 - A by-law to designate certain land not to be subject to part lot control. (Ascot Woods Extension). No. 85-168 - A by-law to authorize the execution of an agreement with Joseph Minniti. No- 85-169 - A by-law to authorize the execution of an agreement with Mtskow T.V. and Appliances Ltd. respectir~ parking facilities. No. 85-170 - A by-law to authorize the execution of an agreement with Hard-Rock Paving Company Limited for road construction in Valley View Subdivision- No. 85-171 - A by-law to authorize the execution of an agreement with NorJohn Contracting Limited for the 1985 cold mix open graded resurfacing program. No. 85-172 - A by-law to authorize an agreement for emergency sewer repairs on Dell Avenue. No. 85-173 - A by-law to provide monies for general purposes. No. 85-174 - A by-law to authorize the sale of Lot 101 accordin~ to Plea 109 for the former Township of Stamford to Rick Smolarski and Rose 8molarski. The motion Carried with Aldermen Coyills, and Keighan voting contrary on By-law No. 85-168;"A~men Minsperger, Keighanm and Puttick, abstatnin~-from the vote on By-law No. 85-173 on conflicts of interest previously recorded in Report No. 420; Aldermen Coyills abstainin8 from the vote on By-law No. 85-174 on a conflict of interest previously recorded in Report No. 424; and all others voting in fayour. ORDERED on the motion of Alderman Hinsperger, seconded by Aldermen C,,mmtngs, that the following by-laws be now read a second and thirdstime: No. 85-166 - A by-law to change the name of Ussher Street according to Plan 342 to Robertson Place. - A by-law to designate certain land not to be subject to part lot control. '(Ascot Woods Extension). - A by-law to authorize the execution of an agreement with Joseph Mlnnttt. - A by-law to authorize the execution of an agreement with Mtskow T .V. and Appliances Ltd. respecting parking facilities. - A by-law to authorize the execution of an agreement with Hard-Rock Paving Company Limited for road 'construction in Valley View. Subdivision, * - A by-law to authorize the execution of an agreement with NorJohn Contracting Limited for the 1985 cold mix open graded resurfacing program. - A by-law to authorize an agreement for emergency sewer repairs on Dell Avenue, " '--A by-la~ to provide monies £or general purposes· · , . . 11 No. 85-167 No. 85-168 No. 85-169 No. 85-170 No. 85-171 No. 85-172 No~ 85.-173 - 11 - No. 85-174 - A by-law to authorize the sale of Lot 101 according to Plan 109 for the former Township of Stamford to Rick Smolarski and Rose Smolarski. The motion Carried with Aldermen Covtlle, and Keighan voting contrary on By-law No. 85-168;"'K~men Hinsperger, Keighan, and Puttick, abstaining from the vote on By-law No. 85-173 on conflicts of interest previously recorded; Alderman Coyills abstaining from the vote on By-law No. 85-174 on a conflict of interest previously recorded; and all others voting in fayour. NEW BUSINESS COMMENDATION TO CITY CLERK Alderman C,mmings refered to an Information for Council letter from the Social Planning Council, and congratulated the City Clerk on his 30 years of service with the City. SAFETY EQUIPMENT IN P~RKS Alderman Merrett initiated a discussion regarding the need for safety equipment being made available in the City Parks~ and asked that Staff investigate this matter and report back to Council. NIAGARA FALLS ECONOMIC DEVELOPMENT AGENCY COMPUTER Alderman Puttick referred to the recent disappearance of a computer from the Niagara Falls Economic Development Agency office. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that Staff investigate this matter and submit a report. Carried Unanimously, ANNOUNCEMENTS Mayor Smeaton provided the following information on upcoming events: 1) Saturday, September 14th, 1985 - One-Half Century Grandtimers Slo-Pitch League Exhibition Game at Ker Park. (Organized by Mrs. Lucille Hilston). 2) OWMC Steering Committee requires an additional volunteer because of the resignation of Alderman Puttick from the Committee. Alderman Janvary volunteered to participate whenever possible. Alderman Janvary advised that September 15th, 1985 is Niagara Falls Day at the Niagara Regional Exhibition in Welland and requested representation from the City of Niagara Falls. It was moved by Alderman Cummings, seconded by Alderman Hinsperger, that the meeting adjourn. Carried Unanimously. READ AND OPTED~ TWENTY-NINTH MEETING, Committee Room ~1 September 16, 1985 Council met on Monday September 16th, 1985, at 6:45 p.m. in Committee of the Whole. All members of Council were present with the exception of Alderman Somerville who was absent on a conflict of interest. His Worship Mayor Smeaton presided as Chairman. Following consideration of the items presented the Committee of the Whole arose without reporting. uncil met on Monday September 16th, 1985, at 7:30 p.m. for Chairman. Alderman Merrett offered the opening prayer. ADOPTION OF MINUTES ORDERED on the mation of Alderman Cummings, seconded by Alderman Hinsperger, that the minutes of the meeting dated September 9th, 1985, be adopted with a correction to the motion regarding Greycliff Inn on Page 4 so that the motion now reads 'that the application he approved'. Carried Unanimous~., DEPUTATIONS Communication No. 290 - Mr. Joe Hueglin, Chairman; Niagara Coalition for Public Education - Re: ques~ion on MuniCipal ~alfot - Separa~'e School Funding. The communication requests permission to address Council respecting the question on the municipal ballot regarding Separate School Funding. Report No. 425 - City Clerk - Re: Question on Municipal Ballot - Separate School Funding. The report recommends that Council consider the contents of this report in conjunction with the submission being made by the Niagara Coalition for Public Education. Mr. Joe Hueglin addressed Council on behalf of the Niagara Coalition for Public Education requesting that an appropriate by-law be prepared authorizing the placement of a question concerning attitudes to separate school funding on the Municipal Ballot for 1985, and that the City Clerk present the proposed by-law to Council at a scheduled meeting by way of a motion in such time that the by-law may be advertised no later than one month prior to the election; the question to be placed on the ballot, subject to amendment by Council, to read: I favour the Mayor and Council writing a letter to the Premier of Ontarlo stating the majority of the voters of the Municipality of Niagara Falls favour :(a) the extension of public funding to Roman Catholic secondary schools, OR (b) the continuance of public funding only to Public High Schools. Following further discussion by Members of Council, the City Solicitor stated that a municipal question in law is one over which Council has some control, however, Council has no authority over the issue of funding for education. The City Solicitor also advised that it is unlikely, but it is possible, that the whole election could be challenged if the question was placed on the bellot. ORDERED on the motion of Alderman Merrett, seconded by Alderman 0rr, that the request be received and filed and that Mr. Hueglin be thanked for makin8 his presentation to Council. The motion Carried wlth Alderman Puttick voting contrary and all others voting in layout. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that the report be received and filed, C~rr.i.ed UnanimousiX.. -2- UNFINISHED BUSINESS Report No. 426 - Chief Administrative Officer - Re: Loss of Computer - Economic Development Agency. The report recommends that the information contained heroin be noted and the report received and filed. ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the report be received and filed. Carried Unanimously. ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, that a report be prepared for Council regarding how many computers the Agency has and where the $26,000.00 which has been placed in the budget for computers has been spent. Carried Unanimously. ~'.~ ~" ~:'~' COMMUNICATIONS No. 291 - Arts & Processing Co. Lid. - Re: Selling of Property - 4601 Erie Avenue. The communication informs Council that the property at 4601 Erie Avenue is presently listed with A. J. Hatper Realty at the sum of $42,300.00, and inquires whether or not the City would be interested in purchasing it. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Coyills, that the request be referred to the Social Planning Council and Downtown Revitalization Committee. Carried Unanimously. No. 292 - Mr. Kon Dinelie, General Mana or, Niagara Square - Re: Request to hand Helicopter. The commun~cation ~equests permission to land a helicopter with Santa Claus in it on November 6th, 1985. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings~ that the request be granted subject to approval of the Minister of Transport. Carried Unantmoaaly. No. 293 - Regional Niagara Tourist Council - Re: Request for Assistance in the preparation of "lg~6 Niagara Seasons" Brochure. The communication requests $100.00 to assist with the preparation of "1986 Niagara Seasons" Brochure. Alderman Merrett inquired as to who makes representation on the Niagara Regional Tourist Council. Alderman Coyills informed Alderman Herrerr that Gordon Paul is on the executive of that Committee and Alderman Puttick is Council's representative. ORDERED on the motion of Alderman 3anydry, seconded by Alderman Coyills, that the request be granted. Carried Unanimously. REPORTS No. 427 - Chief Administrative Officer - Re: Request for Extension to Draft Plan ApprovalI Westway Estates 26T-25013. The report recommends that: 1. That a copy of this report be forwarded to the ~inistry of1 Municipal Affairs & Housing and River Realty Development (976) Inc. That a Council resolution supporting a one year extension to the Westway Estates draft plan of subdivision be forwarded to the Ministry of Municipal Affairs & Housing. Alderman Chessman stated that it is no longer the Ministry of Municipal Affairs and Housing but rather the Ministry of Municipal Affairs. ORDERED on the marion of Alderman C,-~mlngs, seconded by Alderman Einsperger, that the report be received and adopted. Carried Unanimousl]. See'~eso~ution-No~'b4. No. 428 - Chief Administrative'Officer - Re: Taxi Stand - Clifton Hill. The report recommends that a one-vehicle taxi stand be established on the south side of Clifton Rill from a point 172 metrag east of Victoria Avenue to a point 181 metrag east of Victoria Avenue. ORDERED on the marion of Alderman Merrett, seconded by Alderman Kerrio, that the report be received ap~ adopted. Carried Unanimously. -3- No. 429 - Chief Administrative Officer - Re: Contract R.C. 17-85 Curb and Gutter and Sidewalk Construction in Charnwood Subdivision, Stage I. The report recommends that the unit prices submitted by the low tendeter, Steed & Evans Limited, for contract R.C. 17-85, be accepted. ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See Resolution N'O. 55. No. 430 - Chief Administrative Officer - Re: Contract R.C. 19-85 - Road Rehabilitation on Sarah Street from Main Street to Nordic Gate. The report recommends that the unit prices submitted by the low tendeter, Hard-Rock Paving Co. Ltd., for contract R.C. 19-85, be accepted by City Council. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Orr, that the report be received and adopted. Car. tied Unanimously. See ResSIdtlon No. 66. No. 431 - Chief Administrative Officer - Re: Installation of Stop Sign on McGrail Avenue at Walnut Street. The report recommends that a "Stop" sign be erected on McGrail Avenue facing eastbound traffic at Walnut Street. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 432 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $6,470,704.99 for the one week period ending September 16, 1985, be approved by the passing of the by-law appearing later on the agenda. Alderman Chessman declared a conflict of interest on Cheque No. 10922 because Alderman 10957 because Alderman 10922 because he is employed by the School Board. Chessman declared a conflict of interest on Cheque No. his wife is employed by the Library. Herrerr declared a conflict of interest on Cheque No. his wife is employed by the School Board. Alderman Cummings declared a conflict of interest on Cheque No. 10970 because he is employed by the company. Alderman Hinsperger declared a conflict of interest on Cheque No. 10920 because he is employed by the company. Additional information was provided on Cheques No. 10983, 11034, 11037, and 11085. The Director of Municipal Works stated that he would report to Council regarding Cheque No. 11034. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville, that the report be received and adopted- The motion Carried with Aldermen Chessman, Merrett, Cummings, and Hinsperger, abstainn"~g from the vote on Cheques No. 10922, 10957, 10922, 10970, and 10920, consecutively on conflicts of interest previously recorded; and all others voting in layout. See By-law No. 85-177_~. No. 433 - Chief Administrative Officer - Re: Business Appreciation Evening. The report recommends that Council authorize the purchase of sufficient tickets to enable the Members of Council and their wives or husbands to attend the first Business Appreciation Evening to be held Tuesday, October 1, 1985. ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerrio~ that the report be denied and that as many members of Council h own .... as possible attend and purchase t sir tickets. Carried UnanimousIX. No. 434 - Chief Administrative Officer - Re: Request to Sell Grapes from Trailers Located in the Niagara Falls Memorial Arena Parking Lot. The reports recommends that Council consider the request of Mr. Phil Calebrage to park two trailers in the Niagara Falls Memorial Arena Parking Lot and, providing there are no objections, grant approval subject to the conditions outlined in this report. ORDERED on the motion of Alderman Chessman, seconded by Alderman Minsperger~ that the report be received and adopted. Ca. tried Unanim. ousl~. -4- RESOLUTIONS No. 64 - CUMMINGS - HINSPERGER - RESOLVED that the Council of the City of Niagara Fails supports a further one year extension of draft plan approval for the Westway Estates (File No. 26T-25013), and that the Ministry of Municipal Affairs be so advised; AND the Seal of the Corporation be hereto affixed. Carried UnanimouSly. No. 65 - MERRETT- 'ORR - RESOLVED that the unit prices submitted by Steed and Evans Limited for Contract R.C. 17-85 - Curb and Gutter Sidewalk Construction in Charnwood Subdivision, Stage I, be accepted at the low tendered amount of $172,490.80; AND the Seal of the Corporation be hereto affixed. Carried Unanimously; No. 66 - HINSPERGER -ORR - RESOLVED that the unit prices submitted by Hard-Rock Paving Co. Ltd. for Contract R.C. 19-85 - Road Rehabilitation on Sarah Street from Main Street to Nordic Gate, be accepted at the low tendered amount of $177,622.84; AND the Seal of the Corporation. be hereto affixed. Carried-Unanimously. BY-LAWS ORDERED on the motion of Alderman C,,mmtngs, seconded by Alderman Baker, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 85-175 - To authorize the execution of an agreement with Steed and ' Evans Limited for curb and gutter, sidewalks and top asphalt construction in the Charnwood Subdivision. 85-1Z6 - To authorize the execution of an agreement with Hard-Rock Paving Company Limited for road rehabilitation on Sarah Street from Main Street to Nordic Gate. 85-177 - To provide monies for general purposes. T~a motion Carried with Aldermen Chessman, Merrett, C,,mmtngs, and Hinsperger abstaining from the vote on By-law No. 85-177 on conflicts of interest previously recorded in Report No. 432; and all others voting in fayour. ORDERED on the motion of Alderman C-mmings, seconded by Alderman Baker, that the following bF-laws be now read a second and third time: 85-175 - To authorize the execution of an agreement with Steed and Evans Limited for curb and gutters sidewalks and top asphalt construction in the Charnwood Subdivision. 85-176 - To authorize the execution of an agreement with Hard-Rock ' Paving Company Limited for road rehabilitation on Sarah Street from Main Street to Nordic Gate. 85-177 - To provide monies for general purposes~ T~a ~dtion Carried with Aldermen Chessman, Herrerr, Cummings, and Hinsperger abstal~ing from the vote on By-law No. 85-177 on conflicts of interest previously recorded in Report No, 432; and all Others voting in layout,. NEW'BUSINESS WATER ON RIALL STREET Alderman Merrett stated that he Ms noticed water on the road on Riall Street av~ that the road is cut up, Alderman Merrett requested that the matter be referred to the Municipal Works Committee for a report back to Council, EDITORIAL REGARDING SIDEWALK'CAFES Alderman Cheesman stated that while he was at A.M.O- there was an editorial regardinS sidewalk cares. ' ..ORDERED on the motion of Alderman Cheesmmn seconded by Alderman Baker, that the editorial regardin~ sidewafk cares be forwarded to the C,A.I,P. Committee and Planning staff. Carried 'Unanimousl]~ -5- AUDIT COMMITTEE Alderman Cheesman informed members of Council that the Audit Committee met this afternoon to discuss the Ctty's accounting procedures and controls. Alderman Cheesman said that he artended an important meeting at A.M.O. regarding how to put more life into your Audit Co~ittee. CITY OF NIAGARA DjuLS FINANCE ARRANGEMENTS Alderman C,,mmings stated that he called the City Treasurer this week to inquire about the City's financial arrangements. Alderman C,~mtngs said that he sympathizes with the City of St. Catharines and he would like to compliment our City staff for investing the City's money well. PROSTITUTION PROBLEMS Alderman C,,mmlngs inquired whether there would be a report to Council from the meeting held with the Police Commission regarding prostitution. Mayor Smeaton stated that the meeting was held in-camera because there was other business to be dealt with that was confidential. Mayor Smeaton advised that the police support Council's concerns totally. Regional Councillor Ed Sherar stated that the police will be increasing foot patrols. COMMITTEE DEALING 'WITR'OAKES PARK FACILITY Alderman C,,mmings stated that a Committee had been established to deal with the Oakes Park facility. Alderman Cummings said the initial meetisg was held last week with the various organizations using the facility. Alderman Cummings said that another meeting has been scheduled with the G.N.B.A. and the Mariners. PROGRAMME AT HERITAGE VILLAGE Alderman Janvary stated that the programme at Heritage Village on September 15th, 1985, was a great success and outlined the events that took place. Mayor Bmeaton thanked Alderman Janvary for her hard work in making the day a success and stated that the Terry Fox Fun was also a success and said that Mr. Dan DrAddio should be congratulated on his hard work- ***** It was moved by Alderman Puttick, seconded by Alderman C,.r~ings, that the meeting adjourn. Carried Un~nimousl~, READ AND ADOPIED, TRIRTIETH MEETING Committee Rooms 2 & September 23, 1985 Council met on Monday, September 23rd, 1985, at 4:30 p.m. in Committee of the Whole. All members of Council were present with the exception of Alderman Somerville who was absent on a conflict of interest, and Alderman Kerrio. His Worship Mayor Smeaton presided as Chairman. Following consideration of the items presented the Committee of the Whole arose without reporting. READ~AND OPTED, 'i REGULAR MEETING Council Chambers September 23, 1985 Council met on Monday, September 23rd, 1985, at 7:30 p.m. for the purpose of considering general business- All members of Council were present with the exception of Alderman Kerrio. His Worship Mayor William S. Smeaton presided as Chairman. Alderman Merrett offered the Opening Prayer. ADOPTION OF MINUTES. Alderman Somerville stated that he was absent from the Committee of the Whole meeting on Monday, September 16th, 1985 on a conflict of interest, and did not preside as Chairman. The minutes should be amended to read that His Worship Mayor Smeaton presided as Chairman. ORDERED on the motlon of Alderman Cummings, seconded by Alderman Merrett, that the minutes of the meeting held September 16th, 1985, be adopted as amended. Carried Unanimously. DEPUTATION Y.M~C.A. - MR. GEORGE KIRKHAM Communication No. 294 - Mr. George Kirkham, Presidentt YMCA - Re: Progress Report. The communication includes a brief report on developments. Mr. Kirkham advised Council that the communication outlined recent developments and activities of the Y.M.C.A. He expressed appreciation to Council and City Staff for their assistance. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cheesman, that the communication be received and filed. Carried Unanimously. O~W;M.C. - MR. DON 'CRITSLLI Mr. Don triteill, Chairman, Neighbourhood Environmental Watch (NEW), was granted permission to address Council on the motion of Alderman Orr, seconded by Alderman Keighan. He referred to the site selection process of the Ontario Waste Management Corporation, discussed the Justification of the citizens of Niagara Falls who are opposing the selection of a site in this area, and expressed agreement with Dr. Chant, that there is "no safe, known threshold existing for toxic substances. Mr. Critelli further referred to the need for controls, recycling, funding and mechanisms for transporting industrial waste, and stated that a petition signed by 15,000 concerned citizens would be submitted, at the appropriate time, to Members of Parliament. His Worship Mayor Smeaton expressed appreciation to Mr. Critelli for ILia efforts and support in this matter. UNFINISHED BUSINESS ERIE AVENUE pROpERTIES/OPERATION BLESSING Communication No. 295 - Downtown Board of Management - Re: Erie Avenue Proper- ties. The co~munication requests the City to ente~ into immediate negotiations to acquire the denturist'e property at the best possible prices and further, that the Downtown Board is willing to fund the acquisition. . . . . 2 ! -2- - AND - Communication No. 296 - Social Planning Council of Niagara'Falls - Re: Salvation Army Building, Erie Avenue. The conm~unication advises that the correspondence regarding the aforementioned has been reviewed, and further, that the Social Planning Council is recommending that the buildin~ be demolished. Mr. Doug Embleton, D. & L Antiques, was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Baker. He offered to rent the property at 4601 Erie Avenue, for $200.00 per month; or purchase it for $20,000.00 in cash. Rev. M. Radowsky,,Sr., Operation Blessing, was granted permission to address CoUncil on the motion of Alderman Cummings, seconded by Alderman Hinsperger. He re~t~rat~d~s pre~ous request to be granted approval to use the subject p~ope~ty ~r 12 ~o'15 months providing it was available. The Planning Director referred to the recommendations of the Downtown Board of Management and the Social Planning Council with respect to the Erie Avenue properties and suggested that the nmtter should be referred to the Downtown Revitalization Committee for comments. A motion made by Alderman Chessman, seconded by Alderman Orr, to refer the correspondence to the Downtown Reviatliz- ation Committee was withdrawn. Mr. Gabe Mallouk, Chairman of the Downtown Board of Management, advised that the denturist's office was available for $42,900, and the Board was asking Council to negotiate on its behalf. ORDERED on the motion of Alderman Keighan, seconded by Alderman Orr, that the recommendations of the Social Planning Council and Downtown Board of Management be approved, and further that the matter be referred to the Treasurer and Finance Committee. to proceed immediately to negotiate a price, and collect the cost over 5 years as suggested. Carried Unanimously. RECYCLING WEEK - REPORT OF CHIEF ADMINISTRATIVE 'OFFICER Report No. 435 - Chief Administrative Officer - Re: Recycling Week. The report recommends the following: 1) That City Council, by resolution, declare the week of September 30 to October 6, 1985, as Recycling Week; 2) That Staff be authorized to distribute recycling information material to primary schools; and ~" 3) That authorization be granted to Niagara Recycling's pilot program, using recycling containers. The Director of Municipal Works presented a recycling container to Alderman Janvary who commended Staff for their prompt action in this matter. ORDERED on the motion of Alderman Janvary, seconded'byAlderman Herrerr, that the report be received and adopted. Carried'Unanimously. COMMUNICATIONS No. 297 - Niagara'Falls'Public 'Library - Re: Bill 93. The communication outlines the provisions of a new Act respecting Public Libraries. Miss Dorothy Van glyke, Chief Librarian, and Mr. Carmen Dix, Chairman of the Niagara Falls Public Library Board artended the meeting. Mr. Dix reviewed the requests of the Library Board that Council approve the appointment of the Mayor or his nominee to the Board; that Council appoint 3 other members to the Board; and further, that 3 members of the Board be recommended to Council by the Board of Education and 2 by the Separate School Board. Be stated that the Board is comprised of 9 members and asked that this number be continued. Mr. Dix explained that, under the new Act, Miss Van Slyke becomes the Chief Executive Officer and a new by-law is required to make the title official. -3- No. 298 - Regional Niagara Public Works Department - Re: Water/Sewage Flows Monthly Report for July 1985. The communication ~ttaches report No. DEP-2227 containing information concerning the aforementioned. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hlnsperger, that the communication be received and filed. Carr. i.~d Unanimousl7. No- 299 - Law Enforcement Tournament - Re: Fifth Annual Tournament - October 5, 1985. The conmaunication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coyills, that the request of the Law Enforcement Sin-Pitch Tournament Committee for a special occasion permit for their Fifth Annual Tournament to be held on October 5th, 1985, at the Niagara Sports Complex on Montrose Road, Niagara Falls, be approved subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Niagara District Health Unit, and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 300 - Social Planning Council of Niagara Falls - Re: National Family Week October 7 - 13, 1985. The communication encourages Council to support the project. ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan, that the request be approved subject to established policy. Carried Unanimously. No. 301 - Director of Recreation - Re: Annual Man-A-Mile Relay Race. The communication provides information regarding the aforementioned Race scheduled to be held Thanksgiving Day, October 14th, 1985. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and the request approved subject to the approval of other Authorities, and notification of Emergency Organizations and Niagara Transit. Carried Unanimously. No. 302 - Ontario Waste Management Corporation (OWMC) - Re: Evaluation of Candidate Sites. The communication advises of the imminent announcement by the OWMC respecting the selected preferred site or sites for liquid industrial and hazardous waste treatment, and further advises that a pre-announcement briefing in Hamilton has been scheduled for September 26th, 1985. During the discussion that followed, Alderman Coyills, Chairman of the Hazardous Waste Steering Committee~ and her Committee, as well as the Staff Research Team were commended for their efforts to subvert a decision for Niagara Falls as a hazardous waste treatment site. Following further discussion it was moved by Alderman Keighan, seconded by Alderman Orr, that the correspondence be received and the recommendations approved, and further, that the suggested by-laws be enacted. Carried 'Unan. imously · His Worship Mayor Smeaton advised that further action would depend upon the results of the upcoming meeting, and further, that it was "grossly unfair for the Province to enter into this thing without helping us". Regional Councillor E. Shetar stated that over the past 6 months funds have been set aside, and further, that a Committee of Eight from the Regional Planning, Public Works, and Health Department will co-ordinate material. Following further discussion it was moved by Alderman Coville, seconded by Alderman Janvary, that the communication be received and filed. Carried Unanimously. REPORTS No. 436 - (PD/105/85) - Chief Administrative Officer - Re: Whitewater Holdings (Niagara Falls) Ltd.~ Official Plan Amendment No. i'KS, Zoning By-law Amendment AM-l/85. The report recommends the following: 1) That Council support the proposed amendment to the Official Plan and Zoning By-law as detailed in Planning Department reports PD/99/85 and PD/105/85; 2) That Council enact the By-law listed on the 1985 09 23 agenda adopting Amendment No. 145 to the Official Plan for the Niagara Falls Planning Area; 3) That Council enact the By-law listed on the 1985 09 23 agenda amending Zoning By-law ~9-200; 4) That Council enact the Si~e Plan Control By-law listed on the 1985 09 23 agenda. His Worship Mayor Smeaton declared the Public Meeting open to consider the above mentioned application, and explained the procedure under the PlanninH Act. -4- The City Clerk stated that the owners of the subject lands wish to intensify their present water recreational Tourist Co~mercial use on the fronting lands, and establish the required parking immediately south of the present Whitewater Park on lands, and further, that the most southern lands will remain residential. He advised that Notice of the Public Meeting was forwarded to area residents on August 22, 1985 by first class mmil, and the Official Plan Amendment was advertised in the Niagara Falls Review on August 24, 1985. In response to Mayor Smeaton's query, Mr. John Broderick, Solicitor, indicated hie presence at the meeting on behalf of the Applicant. A positive response was received to Mayor Smeaton's request for a "show of hands" by those persons present "for or against" the application. His Worship Mayor Smeaton asked that all persons wishing further notice of the passing of the by-laws should submit their names and addresses to the Clerk prior to leaving the · meeting. The Planning Director explained the purpose and reason for the proposed amendment with the assistance of s posted sketch of the subject lands. He advised that by-laws have been prepared, as well as site plan amendments, for consideration. Me advised that this meeting was to deal with "specifics". Alderman Janvary declared a conflict of interest because a member of her family was very recently employed by the Applicants. A negative response was received to Mayor Smeaton*s request for comments from persons, other than the Applicant or hi8 Agent, in favour of the application. Mr. Claude Zorzetto, 6187 Delta Drive, questioned the intent of this meeting ., since he understood that a decision had been previously made. The City Solicitor stated that this was a Public Rearing, on a different application than : the previous one, and that both sides would have an opportunity to be heard. t Mr. Zorzetto expressed opposition to the application, and referred to two recommendations being submitted from numerous residents; that the designation for the expanded parking lot should remain as a Development Holding for residential purposes, and the special policy designation should be fixed. He asked that a decision be delayed until an environmental impact study could be conducted during the summer season, and Niagara Falls Realtors be asked to determine the impact on nearby residences. The Planning Director replied to questions raised regarding the Tourist Commercial designation, with the rear lot being used for Parking only. Re discussed the precedent setting situation which would be created by a special provision for parking being applied. The Planning Director explained that the Official Plan has directed that the lots would be for Tourist Commercial purposes, and parking only in the rear lots. r L Mr. Daniel Innnone, 6084 Moatrose Road, and M s. aila DoVeIlls, 6186 Delta Drive, expressed their concerns respecting the proposed application, and referred to possible future applications. Mr. Broderick stated that the proposal was a compromise in which his client had "given a great deal". Me discusse.d Tourist Commercial privileges which would not be used, the Site Plan control, and the special designation of Parking only. Mr. Broderick further stated that his client had agreed to all the recommendations made at the previous meeting, and referred to the "buffers" between the parking lot and nearby residences. He stated that the proposal had been pending for soma time, and that the aforementioned impact study could have been completed prior to this time. Mr. Broderick responded to .questions raised regarding parking requirements. A discussion ensued w~th respect to the possibility of a rest'fitting covenant to run with the land. The City Solicitor explained that a future owner could return to Council with a request to have the restriction 'removed. Following further discussion, it was moved by Alderman Puttick, seconded by Alderman Orr, that the report be received and the recommendations approved, The motion Carried with Alderman Janvary abstaining from the vote on a conflict of iaterest.'V~ously recorded,.. and with the following vote~ . 5 - 5 - AYE: Aldermen Baker, Chessman, Coville, Hinsperger, Merrett, Orr, Puttick, and Somerville. NAYE: Aldermen Cummings, and Keighan. No. 437 - Municipal Works Committee - Re: The report recommends that: See By-laws No. 85-185, No. 85-1861 & No. 85-187. Gonder Road Bridge over Tee Creek. 1) Gonder Road Bridge over Tee Creek be repaired at the necessary cost; 2) Gonder Road, between Willodell Road and Montrose Road, be simultaneously improved; and Staff review further the repairs necessary and the extent of Engineering Consultant design/analysis necessary for Staff to report further on funding of the bridge repair. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Somerville, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Cheesman, Coville, Cummings, Hinsperger, Janvary, Keigban, Merrett, Puttick, and Somerville. NAYE: Alderman Orr. No, 438 - Chief Administrative Officer - Re: Land Use Planning for Energy Conservation, Ministry of Municipal Affairs & Housing, 1984. The report reviews the principles of land use planning for energy conservation applying to the Official Plan, discusses Neighbourhood and Secondary Plans, Zoning, Site Plan Control, and Subdivision Control, and recommends that Council receive this report for information. ORDERED on the motion of Alderman Cemmings, seconded by Alderman Merrett, that the report be received and adopted. Carried UnanimouslU. No. 439 - Chief Administrative Officer - Re: Clifton Hill Community Improvement Plan. The report recommends the following: 1) That the Clifton Hill Community Improvement Plan be approved and adopted by by-law and submitted to the Province in fulfilment of the 1985/86 CAIP requirements. (Note: A by-law has been prepared for Councilts adoption of the Clifton Rill Community Improvement Plan). 2) That Council endorse and forward the attached letter requesting pro-implementation approval from the Province in order to proceed with the 1985 staging of work identified in the Plsn. ORDERED on the motion of Alderman Keighan, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-la.~ No. 85-179. No. 440 - Chief Administrative Officer - Re: Planner II Position. The report recommends that Council ratify the September 16, 1985 decision of the Committee of the Whole to create a new Planner II position in the long range section of the Planning & Development Department as part of the City's ongoing reorganiza- riohal plans and that Ms, Gretchen de Boer be appointed to said position. There was a lengthy discussion regarding this met~er with respect to the completion of s reorganizational study, interdepartmental transfers, advertising of the position, and the approved extension of Me. de Boer's contract to December 31, 1985. His Worship Hayo~ Smeaton declared a 10 minute recess at 10:00 p,m. Alderman Patrick retired from the meeting. -6- Council reconvened in the Council Chambers at 10:10 p.m. for the balance of the meeting, and proceeded with the discussion regarding Report No. 440, the Planner II Position* The Planning Director responded to questions raised regarding information contained in the report. ORDERED on the motion of Alderman Coville, seconded by Alderman Keighan, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Cheeaman, Coyills, Hinaperger, Janvary, Keighan, Herrett, and Somerville. NAYE: Aldermen C,~mfng8~ and Orr. No. 441 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for August 1985. The report provides information regarding Permits Issued, and Righlights for August 1985, as well as September proposals. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and filed. Carried Unanimously- No. 442 - Chief Administrative'Officer - Re: Flagpole at the Provincial Court Rouse. The report recommends that City Council authorize an expenditure of $540.00 to supply and install all hardware and accessories to modify the flagpole at the Court House as illustrated in the attached sketch. ORDERED on the motion of Alderman Chessman, seconded by Alderman Somerville, that the report be received and adopted. Carried Unanimously. No 443 - Chief Administrative Officer - Re: Account 11034 - Long Distance Call Restrictor. The report provides information regarding a long distance call restrictor at the Landfill site, and recommends that this advisory report be received and filed. Alderman Hinsperger declared a conflict of interest because he is an employee of the company involved. During the discussion it was suggested that name of persons placing long distance calls might be traced by Bell Canada through the receiver. ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville, that the matter be tabled and referred to Staff for investigation and a report. The motion Carried with Alderman Hinsperger abstaining from the vote on a conflict of interest previously recorded, and with the following v~ote: AYE: NAYE: ~ayor Smeaton, and Aldermen Coyills, Cummings, Janvary, Oft, and Somerville- Aldermen Baker, Chessman, Keighan, and Merrett. No. 444 - Chief Administrative Officer - Re: Contract C.R. 20-85 - Culvert Reconstruction on Kalar Road at W-5-3. The report recommends that the unit prices submitted by the low tendever, Ernie Damore & Son Limited, be accepted by Council, and that the by-law appearing on tonight's agenda be passed. ORDERED on the motion of Alderman Keighan, seconded by Alderman Rinsperger, that the report be received and adopted. Carried Unanimously. See'Resolution'NO;'67. See'By-law-No;-~S-182; No. 445 - Chief'Administrative'Officer - Re: Contract R.C. 21-85 - Finished Road Construction in Monroe Subdivision Extension. The report recommends that the unit prices submitted. by the low tendever, Stephens & Rankin Inc., be accepted by Council. ORDERED on the motion of Alderman C,..mings, seconded by Alderman Merrett, that the report be received amt adopted. Carried Unanimous1]. See ResolucionNo. 68~ See-BT-iav'No;'85'183~ 446 - Municipal Works Committee - Re: Committee Reports as follows: l) Sanitary 8ever Separation by'C ana~id .&'Fourth-Avenue 'Road-Reconstruction The report recommends that th~e report be received and filed. 2) -7 - Dell Avenue Sewer Re~air - The report recommends that the information contained in the report be received and filed. 3) Grader Repairs - The report recommends that authorization be granted to proceed with the necessary repairs to Grader #219 at an estimated cost of $7,O00.00. ORDERED on the motion of Alderman Orr, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 447 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $3,026,779.63 for the one week period ending Monday, September 23, 1985 be approved by the passing of the by-law appearing later on the agenda. Alderman Hinsperger declared a conflict of interest on Cheque No. 11096 because he is employed by the company. Additional information was provided on Cheque No. 11142. ORDERED on the motion of Alderman Somerville, seconded by Alderman Baker, that the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on Cheque No. 11096 on a conflict of interest previously recorded, and all others voting in favour. No. 448 - Chief Administrative Officer - Re: Imposition of special annual drainage rates under the Tile Drainage Act, R.C.O. 1980. The report recommends that Council pass the By-law appearing on tonight's agenda imposing a special annual drainage rate under the Tile Drainage Act, 1980, upon the lands owned by Mr. & Mrs. George Betbune, said lands being described as Part Lot 9, on the south side of Warner Road, in the former Township of Stamford, now City of Niagara Falls. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried UnanimouslZ- Se.e BFlaw'No._85-181~. RESOLUTIONS No. 67 - KEIGHAN - HINSPERGER - RESOLVED that the unit prices submitted by Ernie Damore & Son Lfmlted for Contract C.R. 20-85 - Culvert Reconstruction on Kalar Road at W-5-3, be accepted at the low tendered amount of $43,634.63; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 68 - CUMMINGS - MERRETT - RESOLVED that the unit prices submitted by Stephens & Rankin Inc. for Contract R.C. 21-85 - finished Road Construction in Monroe Subdivision Extension, be accepted at the low tendered amount of $64,880.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Hinaperger, seconded by Alderman Coville, that have.be granted to introduce the following by-laws, and the by-laws be read a first time:' No. 85-178 - A by-law to amend By-law No. 3790, being a By-law for the regulation of traffic. (Clifton Hill). No. 85-179 - A by-law to adopt a Redevelopment Plan for the City of Nigara Falls Commercial Area Improvement Program Area No. 1. (Clifton Hill). No. 85-180 - A by-law to amend By-law No. 7~31, being a by-law to provide for the erection of stop signs at intersections. (McGrail Ave. and Walnut St.). No. 85-181 - A by-law to impose a special annual drainage rate upon land in respect of which money is betrowed under the Tile Drainage Act, 1980. -8- No. 85-182 - A by-law to authorize the execution of an agreement with Ernie Demote & Son Limited for culvert reconstruction on Kalar Road. No. 85-183 - A by-law to authorize the execution of an agreement with Stephens and Rankin Inc. for finished road construction in Monroe Extension Subdivision. NO. '85'184 - A by-law to authorize an agreement with George Gordon Wright, Jr. respecting Lot No. 25 in the Palls Industrial Park Extension Subdivision. NO. 85-185 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Palls Planning Area. (Whitewater). No. 85-186 - A by-law to amend By-law No. 79-200, as amended. (Whitewater). No. 85-187 - A by-law to designate an area of land in the City of Niagara Palls as a site plan control area. (Whitewater). No, 85-188 - A by-law to provide monies for general purposes. The motion Carried with Alderman Janvary abstaining from the vote on By-laws No. 85-185, 85-186, and 85-187 on a conflict of interest previously recorded in Report No. 436; Aldermen Cummings and Keighan voting contrary on By-laws No. 85-185, 85-186, and 85-187; Alderman Hissporter abstaining from the vote on By-law No. 85-188 on a conflict of interest previously recorded in Report No. 447; and all others voting in fayour, ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker, that the following by-laws be now read a second and third time: No. 85-178 ~ A by-law to amend By-law No. 3790, bein8 a By-law for the regulation of traffic. No. 85-179 - A by-law to adopt a Redevelopmerit Plan for the City of Niagara Palls Commercial Area Improvement Program Area No. 1. No. 85-180 - A by-law to amend By-law No. 7531, being a by-law to provide for the erection of stop signs at intersections- No. 85-181 - A by-law to impose a special annual drainage rate upop land in respect of which money is borrowed under the Tile Drainage Act, 1980. No. 85-182 - A by-law to authorize the execution of an agreement with Ernie Damore & Son Limited for culvert reconstruction on Kalar Road. No. 85-183 - A by-law to authorize the execution of an agreement with Stephens and Rankin Inc. for finished toad construction in the Monroe Extension Subdivision. No. 85-184 - A by-law to authorize an agreement with George Gordon Wright, Jr. respecting Lot No. 25 in the Palls Industrial Park Extension Subdivision. No. 85-185 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. No. 85-186 - A by-law to amend By-law No- 79-200, as amended. No. 85-187 - A by-law to designate an area of land in the City of Niagara F~lls as a site plan control area. No. 85-188 - A by-law to provide monies for general purposes. The motion Carried with Alderman Janvary abstainin8 from the vote on By-laws No. 85-185, 85-1'F~'~and 85-187, on a conflict of interest previously recorded; Aldermen CumminSs and Keighan voting contrary on By-laws No. 85-185, 85-186, and 85-187; Alderman Hinsperger abstaining from the vote on By-law No. 85-188 bn a conflict of interest previously recorded; and all others voting in fayour. { m NIAGARA FALLS ECONOMIC DEVELOPMENT AGENCY/COMPUTER A handout communication was received from the Niagara Falls Economic Development Agency in response to Alderman Puttick's request for information regarding a computer which had been stolen from the home of John Cotfield, had been fully covered by insurance, and had been replaced. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the matter be tabled to the next meeting of Council. Carried Unanimousl , NEWS ITEM - TUNA Alderman Baker referred to a recent news article with respect to the release of one million cans of tuna to the public which had been braaded unfit for human consumption by Federal Inspectors. ORDERED on the motion of Alderman Eaker, seconded by Alderman Cummings, that a letter be forwarded to the Prime Minister of Canada requesting the Federal Government to state its position with respect to Job preservation versus safety of the public in connection with the standards and quality of food for consumers, as well as its priority in this regard. Carried Unanimousl~. SLEDGE SPREADING Alderm~ Baker' ~iscussed the distribution of sludge on farmland, ~d referred to a fine being levied in the Ancaster area for spreading sludge too close to Ten Mile Creek. He stated that the same hauler for the Regional Municipality of Niagara had been fined for having dumped sludge too close to a watercourse in this area. Alderman Baker discussed the concerns raised by this illegal distribution. ORDERED on the motion of Alderman Baker, seconded by Alderman Hinsperger, that a letter be forwarded to the Regional Municipality asking that the whole process of sludge spreading be reviewed, and further, requesting the Region to investigate the possibility of a more suitable contractor being found. Carried Unanimously. GREENWOOD MANOR Alderman Hissporter discussed concerns raised by residents adjacent to Greenwood Manor in Chippaws, and requested that an investigation be made regarding the discharge of psychiatric patients to Greenwood Manor, from Ramilton, which is not qualified to handle the situation. The Clerk indicated that the Municipality was not responsible for licencing the home. He asked Staff to submit a report, and include information regarding the permission required to operate this type of facility. MINISTER OF JUSTICE - PROSTITUTION PROBLEM Alderman Cheesman referred to a handout communication from the Minister of Justice with reference to the continuing problem caused in Niagara Falls by the street activities of prostitutes, and Bill C-49 which proposes an amendment to the Criminal Code in this regard. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that an invitation be forwarded, through the local Member of Parliament, to the Special Committee on Prostitution and Pornography, to visit the area of concern in Niagara Falls, and its access to the international border. Carried Unanimously. ORDEREDon the motion of Alderman Chessman, seconded by Alderman Baker, that the communication be received and filed. Ca. Fried .qnanimousl~. ROYAL CANADIAN LEGION DRUMHEAD SERVICE Alderman Janvary discussed the success of the 60th Anniversary Drumhead Service of the Royal Canadian Legion on September 21st, 1985. CRIME STOPPERS OF NIAGARA INC. A handout communication was received from Crime Stoppers of Niagara Inc. requesting that Council approve a Public Notice designating September 27th, 1985 as "Crime Stoppers Day", and to cover the cost of publishing the notice. ORDERED on the motion of Alderman Nerrett, seconded by Alderman Coville, that the request be approved subject to established policy, Ca~.~ Unanimously, - 10 - NIAGARA FALLS-FORT ERIE REAL ESTATE ASSOCIATION His Worship Mayor Smeaton referred to the handout communication from the Niagara Falls - Fort Erie Real Estate Association requesting Council to proclaim the week of October 6th to 14th, 1985, "Private Property Week". ORDERED on the motion of Alderman C-mmtngs, seconded by Alderman Janvary, that the request be approved subject to established policy. Carried Unanimously. It was moved by Alderman Janvary, seconded by Alderman Merrett, that the meeting adjourn. READ AND ADOPTED, /  TY CLERK · S. SMEATON THIRTY-FIRST MEETING Committee Rooms 2 & 3 September 30, 1985 Council met on Monday, September 30th, 1985, at 5:30 p.m. in Committee of the Whole. All members of Council were present. Alderman Somerville presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open Council. REGULAR ~EETING Council Chambers September 30, 1985 Council met on Monday, September 30th, 1985, at 7:30 p.m. for the purpose of considering general business. All members of Council were present. His Worship Mayor Smeaton presided as Chairman. Alderman Orr offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the minutes of the meeting held September 23rd, 1985, be adopted as amended. Carried Unanimously. TORONTO BLUE JAYS ORDERED on the motion of Alderman Cheesman, seconded by Alderman Baker, that Council rise and report, and ratify a decision made in Committee of the Whole to approve recommendations regarding the Blue Jays proposal for a Class "A" Farm Team. Carried Unanimoosly. Alderman Cummings expressed opposition to the recommendations and announced his retirement from the ad hoc committee. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Kerrio, that Council adopt the following recommendations: 1) That Council endorse the concept of the Joint use of Oakes Park by the Blue Jay organization and the Mariners' Baseball Team; 2) That the special ad hoc committee be authorized to negotiate the contents of an agreement with the Blue Jays subject to approval by City Council. 3) That Staff be requested to prepare a report on the provision of alternate baseball facilities required by the G.N.B.A. as a result of the possible use of Oakes Park by the Blue Jay organization. The motion Ca.r, ried with the following vote: AYE: "Aldermen Baker, Cheesman, Covtlle, Hinsperger, Janvary, Keighan, Kerrio, Merrett, Orr, Puttick, and Somerville. NAYE: Alderman C,..mings. ORDERED on the motion of Alderman Coyills, seconded by Alderman Orr, that the communication received from the Toronto Blue Jays Baseball Club, enclosing a recommended agreement regarding the Glub's projected franchise in the New York Penn League, be made public knowledge, with the understanding that this was not a contractural agreement. Carried Unanimously. Mr, Bob Lavelie, Director~ Hariners Inter-County Baseball Team, discussed his concern with respect to "time factors", aud stated that the requiremeuts Ja Ss "totally out of line". He asked that the outlined in the Blue y letter were proposal and discussions concerning the matter be publicized. Mr. Lavelle referred to the scheduled meeting of the Inter-County Baseball League in Kitchener, Ontario, on October 1st, 1985, and expressed the opinion that the proposal would not be favourably accepted by either this group or the Mariners. -2- -3- Communication No. 303 - Toronto Blue Jays Baseball Club - Re: Projected Franchise in the New York Penn League. The communication attaches a recommended agreement regarding the aforementioned, and advises that it is hoped a decision on the matter will be made by Blue Jays, respecting a location of the franchise, by November I, 1985. Mr. Pat DeFoe, G.N.B.A-, indicated concern with respect to the recommendations, and referred to a previous request for improvements to the ball park in terms of lights to accommodate the travel teams. Mr. Jack Domenico, Maple Leaf Inter-County Baseball Team, referred to the difficulty encountered in getting the franchise to the Inter-County Baseball Assqe~atfom, and further, that the Blue Jays' proposal could "put the Mariners in a bit of Jeopardy". He discussed the support received from fans, and referred further to immigration procedures. His Worship Mayor Smeaton advised that Council would proceed as quickly as possible to make a decision on the matter- He further advised that the Blue Jays had been in agreement with priority being given to the NHL Sic-Pitch Tournament. During further discussion the suggestion was made for a 2 week time frame with respect to the submission of a report, and a decision on the matter. It was pointed out that Council was attempting to accommodate both the Mariners and the Blue Jays. Mayor Smeaton advised that a detailed report would be submitted as soon as possible, and that consideration would be given to the needs of the G.N.B.A. UNFINISHED BUSINESS GREYCLIFF INN INC. - AM-9/85 Communication 304 - Social Planning Council of Niagara Falls - Re: Greycliff Inn, 8158 Lundy's Lane. The communication advises that, based on the informa- tion provided by the owner~s representative, and on concerns regarding the possibility of insufficient programming, isolation of the facility, and lack of sidewalks, the proposal would "have some drawbacks as a residence for senior citizens". Mr. John P. Veenhoven, owner of Greycliff Inn Inc., distributed and reviewed a brochure with detailed information regarding transportation; si~dewalks; professional services; points to look for %then selecting a home, compiled by the Discharge Planners at the Greater Niagara General Hospital; and further informa- tion respecting retirement homes in other areas. He discussed letters of recommendation from the Niagara Falls Ratepayers Protection group, and the Unemployed Workers Coalition of Niagara Falls. Mr. Veenhoven referred to the great need for this type of facility in the area; the years of operating experience; the previous proposal approved by Council; dud asked Council to consider the application favourably. Following a brief discussion it was moved by Alderman Puttick, seconded by Alderman Cummings, that the application be approved, subject to the conditions outlined in the original Planning Report. The motion Carried with the following vote: AYE: Aldermen Cheesmmn, Cummings, Hinsperger, Janvary. Keighans Kerrio, Orr, Puttick, and Somerville. NAYE: Aldermen Baker, Coyills, and Herrerr. ORDERED on the motion of Alderman Puttick, seconded by Alderman Baker, that a Public Hearing be held at the ,passing of the proposed by-laws. Carried Unanimously. ALZREIMER'S DISEASE - LETTER FROM MINISTER OF hEALTH Communication No. 305 - Ninister of Health - Re: Alzhetmer's Disease. communication encloses responses to the recommendations of the Social Planning Council or Niagara Palls regarding the aforementioned. ORDERED on the motion of Alderman Cuz~ings, seconded by Alderman Somerville, ~that the .communication be recelved and filed..carried*Unanimously. NIAGARA FALLS ECONOMIC DEVELOPMENT AGENCY/COMPUTER Communication No. 306 - Niagara Falls Economic De~elopme,~ A~ncy - Re: Computer. The communication provides information wltb respect to the computer being in the home of John Corfield, the subsequent theft of the computer, and its replacement through insurance coverage. Alderman Pnttick requested further information regarding a surplus in the account, possible overlapplug froin 1984, and whether or not the matter was reported to the Regional Police Force. ORDERED on the motion of Alderman Cummings, seconded by Alderman CovilIe, that the communication be received and filed, and further information submitted as requested. Carried Unanimously. COMMUNICATIONS No. 307 - Downtown Board of Management - Re: Downtown BIA Levy. The communication refers to concerns raised regarding the rising levies imposed by the Board on the membership and requests the implementation of a $250.00 annual minimum and a $5,000.00 annual maximum levy in January 1986. ORDERED on the motion of Alderman C.mm~ngs, seconded by Alderman Kerrio, that the communication be received and referred to Staff for a report. Carried Unanimously. No. 308 - DOwntown Board of Management - Re: Board Members 1986 - 1988. The communication provides the names of persons elected by the General Membership for Council~s endorsement. ORDERED on the motion of Alderman Cummings, seconded by Alderman Herrart, that the communication be received and the recommendations endorsed. Carried'Unanimously. No. 309 - Township of Onondaga - Re: English/Frencb Language. The communication asks Council to endorse a resolution that English language alone is sufficient to meet the need of most local Councils, and that in areas ~ere French or another language is required to correctly service a municipality, that the Municipal Council may, if they so desire, supply such information by passing a By-law in Council. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Coville, that the communication be received and filed. Carried UnanimouslZ· No. 310 - Niagara Falls Fire Department - Re: "Fire Prevention Week" - October 6 - 12, 1985. The communication requests the approval of Council for the afore- mentioned Proclamation. ORDERED on the motion of Alderman Cummings, seconded by Alderman HlnsperSer, that the communication be received and the request approved. Carried Unanimously. No. 311 - Social Planning Council of Niagara Falls - Re: Provincial Emergency Assistance Funding. The communication provides information regarding actions taken in connection with the above mentioned funding, and recommends that the Municipality make formal application for Provincial funding for C.O.E.S. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the City of Niagara Falls make application to the Province of Ontario for funding for C.O.E.S. Carried ~nanimously. REPORTS No. 449 - Chief Administrative Officer - Re: Application froln the Y.M.C.A. The report recommends that Council approve the attached application from the Y.M.C.A. to the Ontario Government for an Ontario Youth Opportunities Grant. ORDERED on the motion of Alderman Orr, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimousl~ No. 450 - Chief Administrative Officer - Re: Railway Crossing on Dorchester Road at Brights 'Wines. The report recommends that Canadian National Railways be requested to undertake major improvements to tbe railway crossing on Dorchester Road at Brights Wines as soon as possible. During the discussion Regional Councillor E. Sherat pointed out that this was a Ke~ional road~ but that the railway tracks were maintained by the railroad. Alderman Puttick requested an update report re~ardiug grade separation works at this location. -4- ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville, that the report be received and adopted. Carried'Unanimouely~ No. 451 - Chief Administrative'Officer - Re: Parking on Queen Street - From River Road to Erie Avenue. The report recommends the following: 1) That parking be prohibited on the north and south sides of Queen Street from River Road to Zimmerman Avenue; 2) That parking be prohibited on the north side of Queen Street from Zimmerman Avenue to a point 32 mettee east of Erie Avenue; 3) That parking be prohibited on the south side of Queen Street from Erie Avenue to a point 37 mettea west of Zimmerman Avenue. ORDERED on the motion of Alderman Orr, seconded by Alderman Keighan, that the report be received and adopted. Carried Unanimously. No. 452 - Chief Administrative Officer - Re: 1986 M.T.C. & MOE/MEA Training Courses. The report recommends that ten (10) members of Staff be authorized to attend training courses sponsored by the M.T.C. and the MOE/MEA. ORDERED on the motion of Alderman Cummings, seconded by Alderman Einsperger, that the report be received and adopted. Carried Unanimously. No. 453 - Chief Administrative Officer - Re: Dedication of Blocks L, M, and 0 to Abutting Owners of Lots 72, 73, and 74 respectively, NS-42. The report recommends that the by-law on tonight's agenda that authorizes the conveyance of the above blocks to abutting property owners be approved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. See By-law No. 85-193. No. 454 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,357,907.93 for the one week period ending September 30th, 1985, be approved by the passing of the by-law appearing later on the agenda. Alderman Hinsperger declared a conflict of interest on Cheque No. 11369 because he is employed with the company. Additional information was provided for Cheques No. 11366, 11569, and 11390, and a report was requested on Cheque No. 11376. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville, that the report be received and adopted, and Cheque No. 11376 held until additional information is received. The motion Carried with Alderman Hinsperger abstaining from the vote on Cheque No, 11369 on a conflict of interest previously recorded; and all others voting in favour. ~ Verbal Report No. 1 - Mayor Smeaton - Re-' O.W.M.C. Final Decision on Candidate Sites. His Worship Mayor Smeaton expressed appreciation to Alderman Coville who has been Chairman of the Hazardous Waste Steering Committee for the pest 18 months, and to Aldermen Keighan and Janvary, as well as City Staff~ for their efforts. Re advised that the Committee wnuld continue to exist for the balance of this Countills term, and would conduct a detailed review of its past actions. Mayor Smeaton further advised that should West Lincoln not be suitable as a hazardous waste site, the process mould be evaluated. He stated that the Committee was of the opinion the matter should be given "watchful" consideration. Mayor Smeaton pointed out that the City could be involved in an Environmental Rearing in the future and the maw Council would need to be kept informed · Alderman Coyills expressed appreciation for the efforts of individuals and groups who had given active support to the Committee. -A~- Communication No. 312 - OWMC - News Release. The communication announces the preferred site for the industrial waste treatment facility as the Township of West Lincoln.. ORDERED on the motion of Alderman C,"~mtngs, seconded by Alderman Janvary, that the communication be received and filed, Carried 'UnanimouslJf. - 5- Verbal Report No. 2 - City Clerk - Re: Thanksgiving Day. The Clerk advised that Monday, October 14th, 1985 was Thanksgiving Day, and recommended that the Council meeting for that week be cancelled. ORDERED on the motion of Alderman Coville, seconded by Alderman Kerrio, that the recommendation be adopted. Carfled Unanimously. Verbal Report No. 3 - Mayor Smeaton - Re: Special Project. ltis Worship Mayor Smeaton advised that a Big Brothers Night had been held at Council in previous years, and recommended that Council approve the event for 1985. ORDERED on the motion of Alderman Orr, seconded by Alderman Merrett, that a Big Brothers and Big Sisters Night be approved. Carried Unanimously. BY-LA~ ORDERED on the motion of Alderman Cheesman, seconded by Alderman Kerrio, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 85-189 - A by-law to change the size of the Niagara Palls Public Library Board. No. 85-190 - A by-law to authorize the Chief Executive Officer to call the first meeting of the Niagara Palls Public Library Board. No. 85-191 - A by-law to authorize an agreement with James Wallace, Steven Widema and Christine Widema respecting the proposed Dell-Park Extension No. 1 Subdivision. No. 85-192 - A by-law to authorize the execution of an agreement with DeLCan, De Leuw Cather, Canada Ltd. for engineering services respecting Robinson Street pedestrian access to Queen Victoria Park. (Jolley Cut). No. 85-193 - A by-law to authorize the conveyances of Blocks "L", "M", and "0", Registered Plan N.S. 42. No. 85-194 - A by-law to provide monies for general purposes. The motion Carried with Alderman Hinsperger abstaining from the vote on By-law No. 85-194 on 'a ~nflict of interest previously recorded in Report No. 454; and all others voting in layout. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the following by-laws be now read a second and third time. No. 85-189 - A by-law to change the size of the Niagara Falls Public Library Board. No. 85-190 - A by-law to authorize the Chief Executive Officer to call the first meeting of the Niagara Falls Public Library Board. No. 85-191 - A by-law to authorize an agreement with James Wallace, Steven Widema and Christine Widema respecting the proposed Dell-Park Extension No. 1 Subdivision. No. 85-192 - A by-law to authorize the execution of an agreement with DeLCan, De Leuw Cather, Canada Ltd. for engineering services respecting Robinson Street pedestrian access to Queen Victoria Park. ~k.. "(Jolley Cut). No. 85-1g~AbY~,~aw eo authorize the conveyances of Blocks "L", "M", and "O"~ Registered Plan N.S. 42. No. 85-194 - A by-law to provide monies for general purposes. The motion Carried with Alderman Hinsperger abstaining from the vote on By-law No. 85-194 on a c&nflict of interest previously recorded; and all others voting in layout, -6- NEW BUSINESS ARTS IN NIAGARA His Worship Mayor Smeaton referred to a handout communication from Arts in Niagara, which provides information regarding the group, and invites Council to participate in a meeting to be held October 4th, 19858 at the Niagara Centre for The Arts, E. L. Crosslay School in Fonthill, when a report on the group will be presented. ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the communication be received and filed. Ca~tied'Ufi~fifmoo~ly; THE NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS The Chief Administrative Officer advised that a report had been provided in Committee of the Whole which states that a Memorandum of Settlement, setting out changes of the Collective Agreement and providing for a two-year agreement with wage increases summarized in the report, had been signed by both parties. The report recommends that Council ratify these changes and pass a by-law authoriz- ing a Collective Agreement to be signed by the Mayor and City Clerk incorporat- ing agreed upon amendmentss together with a general salary increase as set out therein. The Chief Administrative Officer further advised that the Fire Fighters had ratified the Memorandum of Settlement with the aforementioned changes. Alderman Somerville declared a conflict of interest because he has a relative who is involved. ORDERED on the motion of Alderman C.mmings, seconded by Alderman Hinsperger, that the report on the negotiations, approved in Committee of the Whole, be adopted. The motion Carried with Alderman Somerville abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Baker, Chessman, Coyills, Cummings, Hinspergers Janvary~ Keighau, Merrett, and Puttick. NAYE: Alderman Orr. REPORTS ON EVENTS Alderman Cummings reported on the following: l) 2) 3) Great Chili Contest; Information for Council letter from Jennifer Mossop regarding the City Clerk. i The Houck Award being presented to the Niagara Palls Mariners by the Greater Niagara Baseball Association on September 29th, 1985. It was moved by Alderman Cummings, seconded by Alderman Puttick, that the meeting adjourn. Carried Unanimously; BEAD AND ADOP D, THIRTY-SECOND b~ETING Committee Rooms 2 & 3 October 7, 1985 Council met on Monday, October 7th, 1985, at 6:30 p.m. in Committee of the Whole. All members of Council were present with the exception of Aldermen Hinsperger, and Orr. Alderman Chessman presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. RE,AI)~_~TED, ~/ //~ REGULAR MEETING Council Chambers October 7, 1985 Council met on Monday, October 7th, 1985, at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Aldermen Hinsperger, and Orr. His Worship Mayor Smeaton presided as Chairman. Alderman Puttick offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville, that the minutes of the meeting held September 30th, 1985, be adopted as printed. Carried Unanimously. PRESENTATIONS RETIREMENT WATCH - MR. JACK M~SHALL His Worship Mayor Smeaton extended congratulations, and presented a Retirement Watch to Mr. Jack Marshall on behalf of Council. Mr. Marshall began work with Willoughby Township in May, 1963, and joined City forces January 1, 1970, as a Foreman at the South End Depot in Chippawa. He retired on July 31, 1985. RETIREMENT WATCH - MR. TOM MUCICKq On behalf of Council, His Worship Mayor Smeaton extended congratulations, and presented a Retirement Watch to Mr. Tom Mucicko. Mr. Mucicko began employment on August 7th, 1953, at the Filtration Plant in Chippawa, and Joined the Sanitation Department as Foreman, later became Shift Poreman at the Service Centre, and subsequently Foreman in the Streets Depart- ment. He retired September 30th, 1985. RETIREMENT WATCH - ~LR. JULIUS NALEZINSKI His Worship Mayor Smeaton congratulated, and presented a Retirement Watch to Mr. Julius Nalezinski on behalf of City Council. Mr. Nalezinski commenced work with the Stamford P.U.C. on March 20, 1947, and Joined City forces on january 1, 1966, as a Foreman in the Water Distribution Section of the Service Centre. He retired on August 31, 1985. 'f ! years. RETIREMENT WATCH - MR. LUIGI VESCI0 His Worship Mayor 8meaton presented a Retirement Watch to Mr. Luigi Vescios and extended congratulations to him on behalf of City Council. Mr. Vescio began work with the City of Niagara Falls on January 9, 1967~ and has been with the Parks and Cemeteries Department as a Labouter for 18 -2- DEPUTATIONS THE 'NIAGARA FALLS 'ECONOMIC DEVELOPRENT AGENCY Mr. Charles Chataway, Director of Economic Development, Niagara Falls Economic Development Agency, introduced and presented an audio visual program promoting Industry and Tourism Working Together in Niagara Falls, which he advised would be distributed internationally. He stated that the City had been highlighted through the Business and Finance Magazine which has been distributed throughout Ontario. '. His Wdrship Hayor, Smeaton expressed appreciation for the presentation, and iq~eonn cti~.o,u with the first Business Appreciation and Awards night held rear~dtl~.c~'~ ~'~ ...... . , UNFINISHED BUSINESS REREDIAL WORK TO C,N,R, CROSSING - DORCHESTER ROAD REPORT OF CHIEF EXECUTIVE OFFICER ' Report No, 455 - Chief Administrative Officer - Re: Railway Crossing on Dorchester Road (Brights Wines) - Remedial Works and Traffic Detour. The report advises that on October 4th, 1985, Regional Staff advised the City that the Railway requested permission to close Dorchester Road on October 9th to llth, 1985, in order to undertake major repairs to the subject crossing. The report further advises that a detour route during the closure would facilitate traffic, and recommends that the report be received and filed. ORDERED ou the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. COI~QJNICATIONS No. 312 - Regional Niagara Public Works Department - Re: Water/Sewage Flows by Municipality Monthly Report, August 1985. The communication attaches Report DEP-2236 regarding the above mentioned. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville, that the communication be received and filed. CarriedlUnanimoo~lY· No. 313 - Niagara Falls, Canada, Visitor & Convention Bureau - Re: Third Annual tWinter Festival of Lights* - November/3rd, 1985 to February 22nd, 1986. The communication requests free ice time for a figure skating exhibttien at the Niagara Falls Memorial Arena on January 4th, 1986, from 4:00 p.m. to 6:00 p.m. ORDERED on the motion of Alderman C.rmmtngs, seconded by Alderman Coyills, that the communication be received and the existing policy be adhered to. Carried Unanimously. REPORTS No. 456 - Chief Administrative Officer - Re: Proposed Amendment to the Industrial and Commercial Sections of Zoning By-law 79-200, Cord Wyllie Real Estate Ltd. The report recommends that a copy of this report be forwarded to Mr. Cord Wyllie and that an invitation be extended to him to participate directly in the Official Plan update process regarding industrial and commercial areas. Mr. Wyllie indicated his attendance at the meeting. ORDERED on the motion of Alderman C.,,ntngs, seconded by Alderman Merrett, that the report be received and adopted. Carried-Unanimously; No. 457 - Hazardous Waste Steering Co-w{ttee - Re: Blueprint for Action: A Working Conference on Hazardous Waste Problems. The report recommends that Council authorize one member of Council and one Staff parson to attend the work- ing conference on hazardous waste problems. Alderman Coville advised that she would be unable to attend the Conference and asked for volunteers.' ORDERED on the motion of Alderman Janvary, seconded by Alderman Cheesman~ that the report be received and adopted. CarriedUnanimously. No. 458 - Downtown'Revitaltzation Steering Committee - Re: Victoria Avenue and Queen Street Entrance Improvements. The report recommends that Council endorse the recommendations of the Downtown Revitalization Steering Co-wnittee as follows~ -3- 1) That Council authorize the survey, acquisition aad first phase of the Victoria Avenue/Queen Street Triangle Improvemeuts shown on the attached sketch. 2) That Council approve the cost sharing and phasing of the project identified in this report and authorize the Engineerlug Department to coumence implementation. His Worship Mayor Smeaton expressed appreciation to the firm of Slovak, Sinclair, and Crows for the donation of the subject property, and to Charles Antonio for the design. Mr. W. Slovak, and Mr. C. Antonio were in attendance. ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 459 - Chief Administrative Officer - Re: Site Plan Approval - Proposed 45 Unit Housing Project, Niagara Falls Non-Profit Housing Corporation, Prospect Street. The report recommends that Council approve the site plan on display at tonight's meeting, being a proposed housing project, and the landscape plan being drawing number L-1 dated September 1985; and the site plan being drawing number X-I, dated September 10th, 1985; and the site grading plan being drawing number X-2, dated September 20th, 1985; and the site servicing plan being drawing number X-3 dated September 21st, 1985; and all prepared by Grant R. Sauder, Architect, and filed with the Buildings and Inspections Department of the City of Niagara Falls on October 4th, 1985, and that such approval be subject to the conditions outlined in the report. A discussion followed with respect to ingress/egress, and notification to adjacent residents concerning tbe above recorded report. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Coville, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Cheesman, Coville, Janvary, Keighan, Kerrio, Merrett, Puttick, and Somerville. NAYE: Alderman Cummings. No. 460 - Downtown Steering Committee - Re: Commercial Area Improvement Program - C.A.I.P.I. The report attaches a Financial Report from the Director of Buildings & Inspections ~rlth respect to the aforementioned, and recommends that the report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimousl.y... No. 461 - Chief Administrative Officer - Re: Proposed Closing and Sale of Walk- way 15 between Wiltshire Boulevard and Valour Park. The report recommends the following: 1) That Council hear, at tonight's meeting, any person who claims that his or her land ~rlll be prejudicially affected by the proposed by-law to close the above walkway, and who applies to be heard. 2) That, if there are no such claims, the Council pass the by-law listed on tonight's agenda to stop up and close and to authorize the sale and conveyance of the walkway. Mr. Fred Meredith, 3464 Wiltshire Boulevard, expressed opposition to the closing of the walkway, and referred to a petition presented previously to this effect. ORDERED on the motion of Alderman C,mmings, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. See By-law No. ~5-1.95. No. 462 - Chief Administrative Officer - Re: Lot 15, Falls Industrial Park Extension. The amended report recommends the following: 1) That Council authorize the sale of Lot 15, Registered Plae M-67, to Peter Yon Trnkoczy in Trust at the purchase price of $22,600.00, subject to the purchaser entering into the City'e Standard Agreement of Purchase and Sale for lots in the Falls Industrial Park to be prepared by our Legal Department; -4- the report be received and adopted* 2) That Council enact the by-law which appears later on tonight's agenda to authorize the sale of Lot 15, Registered Plan F~67 to Peter von Trnkoczy in Trust; 3) That approval be subject to the condition that the soil is of satisfactory compaction to permit construction of the proposed plan. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Baker, that Carried'Ufianimously; See-By~law No. 85-197. Street in Industrial Park. The Chief Administrative Officer advised that the matter had been considered st the Municipal Works Committee meeting earlier today, and the Committee recommends that the M.O.E. be advised the City has no comments on the application by Marine Clean Limited for a certificate of approval for a waste disposal (transfer) site for Lot 24 Falls Industrial Park. ORDERED on the motion of Alderman Chessman, seconded By Alderman Keighan, that the report be received and adopted. Carried Unanimoasly; No. 464 - Chief Administrative Officer - Municipal Accounts. The report recommends that the accounts totalling $228,281.84 for the one week period ending October 7th, 1985, be approved by the passing of the by-law appearing later on the agenda. Alderman Coyills declared a conflict of interest on Cheque No. 11507 because she is the person involved. Alderman C,~mtngs declared a conflict of interest on Cheque No. 11535 because a member of his family is involved in the program; and expressed opposi- tion reSarding Cheque No. 11551. ORDERED on the motion of Alderman Merrett, seconded by Alderman Somverille, that the report be received and adopted. The motion Carried with Aldermen Coyills, and C,3mmings abstaining from the vote on Cheques N~. 11507, and 11535 conseeutively, on conflicts of interest previously recorded; Alderman Cummings voting contrary on Cheque No. 11551; and all others voting in fayour. No. 465 - Chief AdministrativeOfficer - Re: p. p. & P. Hotels Limited - Swimming Pool. The report recommends that the application of P. P- & P. Hotels Limited for permission to use a portion of City owned land for th~'construction of a deck for an above ground pool be approved, and that a By-law to amend the License Agreement be prepared for the next meeting of Council to be held on October 21, 1985. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the report be received and adopted· Carried'UnanimoesI. y;t No. 466 - Municipal Works Committee - Re: City Loader #217. The report recommends that the Chief Administrative Officer be authorized to have preventa- tive maintenance work done on loader #217 at an estimated cost of $11,000.00. ORDERED on the motion of Alderman Somerville, seconded by Alderman Cummings, that the report be received and adopted. Carried'UnanimouslY; BY-LAWS ORDERED on the motion of Alderman Cheesmmn, seconded by Alderman Keighan, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 85~1~ - A by-law to stop up and close and to authorize the sale and convey- ance of the public walkway between Wiltshire Boulevard and Valour .... Park in Registered Plan 227. No. 85-196 - A by-law to authorize the purchase of 4601 Erie Avenue for parking "' purposes. No. 85-197 - A by-law to authorize the sale of land in the Falls Industrial Park Extension.(Lot 15). No. 85-198 - A by-law to amend By-law No. 3790, being a by-law for the regulation of trafflc.(queen Street). , , · . 5 -5- No. 85-199 - A by-law to provide monies for general purposes. No. 85-200 - A by-law to authorize an agreement with the Niagara Falls Professional Fire Fighters Association. The motion Carried with Aldermen Coville, and Cummings abstaining from the vote on By-law No. 85-199, on conflicts of interest previously recorded in Report No. 464; Alderman Cummings voting contrary on By-law No. 85-199 as previously recorded in Report No. 464; Alderman Somerville abstaining from the vote on a conflict of interest on By-law No. 85-200 because a member of his family is involved; and all others voting in fayour. ORDERED on the motion of Alderman C,,mmlngs, seconded by Alderman Kerrio, that the following by-laws be now read a second and third time: No. 85-195 - A by-law to stop up and close and to authorize the sale and convey- ance of the public walkway between Wiltshire Boulevard and Valour Park in Registered Plan 227. No. 85-196 - A by-law to authorize the purchase of 4601 Erie Avenue for parking purposes. No~'85-197 - A by-law to authorize the sale of land in the Falls Industrial Park Extension. No.'85'I98 - A by-law to amend By-law No. 3790, being a by-law for the regula- tion of traffic. No. 85-199 - A by-law to provide monies for general purposes. No. 85-200 - A by-law to authorize an agreement with the Niagara Falls Professional Fire Fighters Association. The motion Carried with Aldermen Coville, and Cummings abstaining from the vote on By-law No. 85-199, on conflicts of interest previously recorded; Alderman C,.~mtngs voting contrary on By-law No. 85-199 as previously recorded; Alderman Somerville abstaining from the vote on By-law No. 85-200, on a conflict of interest previously recorded; and all others voting in favour. NEW BUSINESS ITZMS'OF Alderman Puttick reviewed matters of concern, and requested that the Region be asked to provide an update report regarding Flood Plain Mapping, in response to Counctl's request in February 1985. Alderman Puttick discussed the need for a complete Job description being made available with regard to the recently filled Planner II position. Alderman Chessman expressed concern regarding the inspection and maintenance of newly created site plans, and suggested that the Planning Depart- ment be more involved in this matter. LINCOLN & WELLAND REGIMENTAL DINNER In response to a request by His Worship Mayor Smeaton, Alderman Cheesman volunteered to attend the Aenual General Brock Dinner of the Lincoln & Welland Regiment, on behalf of Mayor 8meatoa. The dinner is scheduled for October 13th, 1985. SOLICITING BY-LAW discussions, [_ His Worship Mayor Smeaton discussed the Judgment handed down by Judge Wallace earlier today with respect to the Ctty's By-law on Soliciting. He advised that he had been asked by the Minister of Justice to attend a meeting in Ottawa, with representatives from the Regional Police Force and City Staff, and further, that the Judgment on the by-law would be helpful during the proposed -6- MOLSONS'SLO-PITCH TOURNAMENT & BLUE JAYS PROPOSAL Alderman C~mmings expressed concern regarding the future of the Nolsons Slo-Pitch Tournament in the City of Niagara Falls, and recent publicity with respect to matters discussed in Committee. He requested that the financial data that was made available to the newspaper, by an uukuown individuals be made a public document, and available to any interested residents who may wish to ORDERED on the motion of Alderman C,mmings, seconded by Alderman Puttick, that the statistics in the report be made public- The motion was Def~ted on the following vote: AYE: NAYE: Aldermen Cheesman, Cummings and Puttick. Aldermen Baker, Coville, Janvary, Keighan, Kerrio, Merrett, and Somerville. A further discussion ensued respecting the Slo-Pitch Tournament being put on hold. In response to a request, Mayor Smeaton advised that he would call Molsons on October 8th, 1985, regarding this matter. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman, that Mayor Smeaton send a telegram of congratulations to the Blue Jays Team for their recent winning of the East Division Championships- Carried Unanimously. VIA RAIL SESQUICENTENNIAL UELEBRATION/1986 Alderman Cheesman referred to an Information for Council communication from Via Rail advising of its upcoming Sesquicentennial Celebration, and suggested that an invitation be forwarded to residents to participate in this event. It was moved by Alderman Cheesman, secondedby Alderman Baker, that the meeting adjourn. RN~OPTED, THIRTY-THIRD MEETING Committee Rooms #1 October 21, 1985 Council met on Monday, October 21st, 1985, at 7:15 p.m. lu Committee of the Whole- All members of Council were present with the exception of Aldermaa Keighan. Alderman Cummings presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open Council. REGULAR MEETING Council Chambers October 21, 1985 Council met on Monday, October 21st, 1985, at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Alderman Keighan. His Worship Mayor Smeaton presided as Chairman. Alderman Coville offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, the minutes of the meeting held October 7th, 1985, be adopted as printed. Carried Unanimously. that WELCOME BIG AND LITTLE BROTHERS His Worship Mayor Smeaton welcomed the Little Brothers, and their Big Brothers to the Council meeting. He introduced Mr. John Prentice, Executive Director; Mr. Don Wallace, President; and Mr. Hans Schonewille, First Vice-President of the Big Brother Association. Mr. Wallace expressed appreciation to Council for its cooperation with the organization, and for hosting the Little Brothers this evening. He presented an overView of the activities of the group, and invited interested persons to Join. - AND - Communication No. 314 - Big Brother Association - Re: "Big Brother Week" - October 20th to 261h, 1985. The communication requests a proclamation for Big Brother Week. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the request be approved subject to established policy. Ca.r. ried. Unan. i.moqsly.I CITY CORPS/14TH SCOUT TROUP His Worship Mayor Smeaton welcomed Mr. Vincent Barbarino, Scout Leader, and representatives of the 14th Scout Troup to the meeting. DEPUTATION PETITION/4 WAY STOP - CARLTON AVE. & BARKER ST. AREA COMMUNICATION FROM ~S. C. JOSE ._ Communication No. 315A- Mrs. C. Jose - Re: petition for 4-Way Stop. The communication attaches the aforesaid petition concerning the Carlton Avenue/Barker Street Area, and requests permission to address Council. - AND - Communication No. 315B- Mrs. C. Jose - Re Petition signed by Residents of Carlton Avenne/Barker Street neig~Boorhood. The communication refers to previous correspondence and to the construction of s gas station on the subject land, as well as traffic congestion, end requests that she be informed when the matter ~11 be coneidered again at Council. The Clerk advised that Mrs. Jose was in attendance but did not wish to speak at this time. . . . . 2 -2- ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the communication be received and referred to Staff for investigation and a report. Carried Unanimously. UNFINISHED BUSINESS ACCOUNT NO. 11034 - LONG DISTANCE CALL RESTRICTOR REPORT OF CHIEF ADMINISTRATIVE OFFICER Report No. 467 - Chief Administrative Officer - Re: Account 11034 - Long Distance Call Restric~or. The report discusses unauthorized long distance and directory assistance calls from the landfill building, advises that restricting the calLs at..t~ source is a more cost-effective solution than tracking calls a~ter the'fact; and recommends that the report be received and filed for information. The Director of Municipal Works explained that an unsuccessful attempt had been made to obtain information concerning the caller through Bell Canada. Alderman Hinsperger declared a conflict of interest because he is employed by the firm involved. ORDERED on the motion of Alderman Coville, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on a conflict of interest previously recorded, and all others voting in favour. COMMUNICATIONS No. 316 - Alzheimer Society of Canada - Re: "Alzheimer's Awareness Month" - November 1985. The communication requests a proclamation for the month of November. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the request be approved subject to established policy. Carried Unanimously. No. 317 - Downtown Board of Management - Re: Gazebo Christmas Decorations- The communication requests permission to install Christmas lighting in the new Gazebo located at Queen Street/Valley Way, at the Board's expense. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the request be approved from November 14th, 1985 to the first week of January, 1986, Carried Unanimously. ~ No. 318 - Niagara Regional Native Centre - Re: Sunday Bingo Application. The communication requests permission to conduct Bingo on Sundays. A discussion followed regarding the existing policy of the City which was determined in conjunction with the Lotdis Day Alliance Act. Aldermen Cummings and Hinsperger declared conflicts of interest because they are each a member of an organization which conducts Bingo. ORDERED on the motion of Alderman Somerville, seconded by Alderman Kerrio, that the communication be received and referred to Staff for a report, and further, that a copy be forwarded to the Social Planning Council for comments. The motion was Defeated with Aldermen Cummings, and Hinsperger abstaining from the vote on conflicts of interest previously recorded, and with the follo~ng vote: AYE: Aldermen Baker, Kerrio, Orr, and Somerville. NAYE: Aldermen Cheesman, CSvllle, Janvary, Merrett, and Puttick. Mr. Jo~ Heater, Executive Director, was in attendance, and advised that the organization was not prepared to comment at this time. ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary, that the communication be received and filed. The motion Carrie__d with Aldermen Cummings, and Hinsperger abstaining from the vote on conflicts of interest previously recorded, and with the following vote: AYE: Aldermen Cheesman, Coville, Janvary, Merrett, and Puttick. NAYE~ Aldermen Baker, Kerrio, 0rr, and Somerville. -3- No. 319 - Ministry of the Environment - Re: Ontario Water Resources Act. The communication advises that a proposal has been umde whereby certain of the approvals responsibilities associated with Sections 23 and 24 of the OWR Act would be delegated to the Municipality, and requests Council to submit comments on the matter. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be referred to Staff for a report. Carried Unanimously. No. 320 - The Royal Canadian Legion~ Branch 396 - Re: Annual Remembrance Day Parade and Service, November 10th, 1985, from Legion Street to Cunning|on Square. The communication requests the approval of Council. ORDERED on the motion of Alderman Somerville, seconded by Alderman Hinsperger, that the request be granted subject to the approval of emergency agencies and Niagara Transit. Carried Unanimously. No. 321 - Mr. Brian Sinclair, Solicitor - Re: Pietrangelo split of lots. The communication requests the approval of Council to divide three 20 acre parcels of land into 10 acre parcels. Mr. Sinclair indicated his presence at the meeting, and reviewed historical events in this matter. He expressed approval that the matter be referred to Staff for a report prior to a decision being made by City Council. ORDERED on the motion of Alderman Coville, seconded by Alderman Merrett, that the communication be received, and the matter referred to Staff for a brief report at the next meeting of Council. Carried Unanimously. No. 322 - Mr. Alan N. Kelso, Tournament Co-Chairman - Re: 9th Annual A1 Reid Memorial Oldtimers Hockey Tournament - January 16 ~ 19, 1986. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hlnsperger, that the request of the A1 Reid Memorial Oldtimers Tournament Committee for a special occasion permit for their Ninth Annual Tournament to be held on January 16, 17, 18, and 19, 1986, at the Stamford Arena; and on January 17, and 18, 1986, at the Niagara South Complex and the Nigara Falls Memorial Arena; be granted, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Niagara District Health Unit, and the Liquor Licensing Board of Ontario. Carried Unanimously. REPORTS It was generally agreed that Item No. 4 on the Finance Committee report appearing later on the agenda, "Canada: From Sea Unto Sea" Publication, be brought forward. No. 468 - Finance Committee - Re: Committee Report - "Canada: From Sea Unto Sea" Publication. The report recommends that the City not participate in the "Partners in Growth" section of the publication. Mr. Gordon Holmes, Business Researcher for The Loyalist Press Ltd., in Mississanga, Ontario, explained the publication as a pictorial history of Canada for world-wide distribution, and stated that the approach to Niagara Falls was a pilot program in terms of municipalities being approached for material to be included. He referred to the proposed avenues of distribution for the publication, Federal and Provincial Government, interest and discussed the cost to the City. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman, that the requeat be approved. The motion was Defeate____._~dwith the followix~ vote: AYE: Aldermen Chessman, Janvary, and Pottick. NAYE| Aldermen Baker, Coville, Cummings, Hinsperger, Kerrio, Merrett, Orr, and Somerville. During the discuasion, it was suggested that the matter should be referred to the Niagara Falls, Canada, Visitor & Convention Bureau, and the Niagara Falls Economic Development Agency for consideration. ORDERED on the motion of Alderman Coville, seconded by Alderman Orr, that the report be received and adopted, and further, the aforementioned agencies be contacted regarding the matter, The motion Carried with the followix~ vote: -4- AYE: Aldermen Baker, Coville, Cummings, Hinsperger, Janvary, Kerrio, Herrerr, Orr, and Somerville. NAYE: Aldermen Cheeaman, and Puttick. No. 469 - Chief Administrative Officer - Re: AM-12/83, Sunoco Inc., Northeast corner Dorchester and McLeod Roads. The report recommends that the Council give two readings to the by-law appearing on tonight's agenda to amend Zoning By-law No. 79-200, as amended. ORDERED on the motion of Alderman Orr, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. See By-law No. 85-206. No. 470 - Chief Administrative Officer - Re: First Aid Equipment at Athletic Fields. The report recommends that the City provide a basic first aid kit for the Ker Park and Oaken Park Concession. It is further recommended that the Recreation Department continue to notify all groups acquiring a Parks and Athletic Field Special Event Permit, that the group is responsible to have the first aid support personnel available (e.g-, trained volunteers - St. John Ambulance, Heart Niagara, etc.). During the discussion, it was pointed out that first aid equipment was required at the Optimist Park, Palmer Park, and other parks in the City, and should be supplied "at the City's expense". ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted, with an additional recommendation that the Optimist Park, Palmet Park, and other appropriate parks be included. Carried Unanimously. No. 471 - Chief Administ~ative Officer - Re: Niagara Falls Memorial Arena Concession Operation. The report advises that the upstairs main concession of the aforesaid Arena has been changed to a cafeteria-type on a trial basis, and recommends that the report be received and filed for information. During the discussion, Alderman Puttick was commended on his suggestion that the method be implemented, having learned of the program at the Arena Convention. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 472 - Recreation Commission - Re: Chippawa Volunteer Firefighters' Association Playground. The report recommends that Council authorize the Chippawn Volunteer Firefighters' Association to develop the attached proposed playground at the Niagara South Recreation Centre with the assistance of the Parks and Recreation Departments' Staff. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Baker, that the report be received and adopted. CarriedUnanimously. No. 473 - Chief Administrative'Officer - Re: The Building and Inspections Department Report for September 1985. The report provides information with regard to Permits Iasued during September 1985. ORDERED on the motion of Alderman C.mmtngs, seconded by Alderman Orr, that the report be received and filed. CarriedUnanimously~ No. 474 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Arby's Restaurant, 6624 Lundy's Lane. The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed restaurant, and the site plan being drawing number A1 and the landscape plan being drawing number L1, and the site plan being drawing number EM-3, and all dated September 1985, and filed with the Buildings and Inspections Department of the City of Niagara Falls on October 21st, 1985, and that such approval be subject to the conditions outlined in the report. The Zoning Administrator reviewed the subject lands and proposal with the assistance of a posted sketch, and responded to questions raised regarding ingress/egress to the property. Concern was expressed with respect to addition- al traffic congestion in the area, and suggestions for a resolution to the problem were considered. Regional Councillor E. Sherat advised that he had previously discussed the concern with Regional representatives, and suggested a solution which is being used in other areas~ that the posting of a "no left turn" sign might resolve the problem. -5- ORDERED on the motion of Alderman Kerrio, seconded by Alderman Merrett, that the report be received and adopted, and further, that Staff be directed to consult with representatives of the Regional Municipality of Niagara for comments with respect to traffic control in the subject area. Carried Unanimously. No. 475 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Addition to Geppinofs Grocery Store, 5510 Lewis Avenue. The report recommends that the Council approve the site plan on display at tontght's meeting, being a proposed grocery store addition, and the site plan being drawing number 1 dated October 5th, 1985, and filed with the Buildings and Inspections Department of the City of Niagara Falls on October 17th, 1985, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 476 - Chief Administrative Officer - Re: Extension of Urban Service Area Boundaries, Grow Rich Organic Recycling Systems Incorporated - Garner Road, Part Twp. Lot 205. The report recommends that Council pass the by-law appearing on this Agenda to extend the boundaries of Urban Service Area No. 1 to include the property located on the East side of Garner Road, in Twp. Lot No. 205, as shown on the attached sketch. ORDERED on the motion of Alderman Baker, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 85-209. No. 477 - Municipal Works Committee - Re: Remedial Measures for Welland River Contamination. The report attaches a report and letter from the Ministry of Natural Resources providing information with respect to proposed remedial measures to be undertaken by the Ministry of the Environment in the Welland River; and recommends that the report be received and filed for information purposes. ORDERED on the motion of Alderman Baker, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 478 - Chief Administrative Officer - Re: Revised Agreement for Railway Crossing behind former Kimberly Clark Building. The report recommends that Council authorize a revised litonce agreement for the level railway crossing behind the former Kimberly Clark building (formerly Pine Street) providing for an annual rental of $1.00 and the Railway being responsible for future mainten- ance works and costs subject to the City being responsible for immediate repair costs estimated at $1500.00. ORDERED on the motion of Alderman Janvary, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. No. 479 - Chief Administrative Officer - Re: 1985 Tree Planting Programme - Contract No. T.P. 24-85. The report recommends that the unit rates submitted by Mr. Gardener Inc. be accepted by Council. ORDERED on the motion of Alderman Somerville, seconded by Alderman Kerrio, that the report be received and adopted. Carried UnanimousIX.' See Resolution No. 71. ~a ST-'law NO. 85-207~ No. 480 - Chief Administrative Officer - Re: Supply and Erection of Fences and Backstops - Contract F.C. 23-85. The report recommends that the unit prices submitted by Lundy Steel, Division of Ivaco Inc. for Peninsula Fence & Land- scaping Inc., be accepted by Council. During the discussion, questions were raised regarding the need for replacement fencing at Ker Park, and the possibility of maintenance in the form of painting the fences at Oakes Park if replacement of the fences is not really necessary. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Kerrio, that the report be received and adopted, and that a further report be submitted with information regarding the maintenance of fences in Ker Park. C_arried Unanimously. See Resolution No. 72. See B~-law NO. 85'208. -6- T No. 481 - Municipal Parking & Traffic Committee - Re: Revision of Parking By-laws. The report recommends that Council pass the five proposed By-laws Nos. 85-201 to 85-205, inclusive, relating to the parking of vehicles, which are listed on tonight's agenda. ORDERED on the motion of Alderman Metfelt, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. See By-law No. 85-201, No. 85-202, No- 85-203, No; 85-204, and No. 85-205. No. 468 - Finance Committee - Re: Committee Reports.(Item No. 4 was considered and recorded previously on this Agenda). The report makes the following recommendations for the items listed herein: l) 2) Information Niagara Request for Additional Funding - - that additional funding be granted to Information Niagara during the remainder of 1985 on a shared basis with the City of St. Catharines - 50% of $8,300.00, or $4,150.00. Study on reduced rental rates for non-ice, non-profit users of Arena facilities - - that the policy on reduced rental rates for non-ice, non-profit users at the Niagara South Arena previously approved by Council remain in effect. 3) Requests for fundins for Disaster Relief from: a) Essex County Flooding Disaster Relief, b) Sudbury Region Disaster Relief, c) City of Gloucester/Central Ontario Relief Fund/Battle Disaster Relief - that the requests for funding for disaster relief received from Essex County, Sudbury Region, and City of Gloucester be received and filed, and a direct contribution from the City not be made. 5) Tax Relief re,nest of Club Iralie - - that the report of the Administrator, together with the request from Club Italia for assistance for the current year, be received and filed. 6) Seven Month Statement of Revenues'andExpenditures - - that the Seven Month Statement of Kevenues and Expenditures be received and filed for information. 7) Meal Allowances for Municipal Employees - - that Council approve the proposed increase in daily meal allowance for Municipal employees attending training courses out of town to a maxim~un of $30.00, effective January 1, 1986. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Minsperger, that the report be received and recommendations numbers 1, ~, 3, 5, 6, and 7, be adopted. Carried Unanimously. No. 482 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $4,316,242.40 for the two week period ending October 21st, 1985, be approved by the passing of the by-law appearing later on the agenda. Alderman Chessman declared a conflict of interest on Cheque No. 11658 because a relative is employed with the organization. Alderman C,,mmings declared a conflict of interest on Cheque No. 11671 because a member of his famil, y is involved in the program. Alderman Rinsperger declared a conflict of interest on Cheques .No. 11629, 11724, and 11814 because he ks employed by the company. Additional information was provided on Cheques No. 11620, 11637, 11818, and No. 11910. ORDERED on the motion of Alderman Kerrto, seconded by Alderman Somerville, that the report be received and adopted, The motion Carried with Aldermen Cheesmans Cummings, and Minsperger abstaining from the vote on Cheques No. 11658, 11671, 11629, 11724,,and 11814, consecutively, on conflicts of interest previously recorded; and all others voting in fayour, No. 483 - Chief Administrative Officer - Re: Termination of Parking Lot Agreement, 5651 Lewis Avenue. The report recommends that the Municipality acknowledge the termination of an agreement dated the 30th day of November, 1953 regarding the use of lands owned by Nabisco Brands Limited. In response to the request of Alderman Cummings, His Worship Mayor Smeaton advised that a letter of appreciation would be forwarded to Nabisco Brands Limited for the parking privileges received in the past. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 484 - Chief Administrative Officer - Re: Appointments to Library Board. The report recommends that Council determine the composition of the new Library Board so that the appropriate notices may be placed in the newspaper. The City Clerk reviewed information contained in the report, and responded to questions raised. ORDERED on the motion of Alderman Chessman, seconded by Alderman Puttick, that the report be received and the recommended composition of the Library Board be adopted. It was further recommended that the Clerk, and Boards of Education, be authorized to advertise for the positions. Carrie~ ~nanimously. RESOLUTIONS No. 69 - CHEESMAN - CUMMINGS - RESOLVED that pursuant to The Public Transporta- tion and Highway Improvement Act, the Council of the Corporation of the City of Niagara Falls hereby requests an interim payment on expenditures made in the year 1985, in the amount of $3,351,600.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 70 - CUMMINGS - COVILLE - RESOLVED that a message of condolence be forwarded to the family of the late Mr. William W. Scott, a highly respected member of the community; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl . No. 71 - SOMERVILLE - KERRIO - RESOLVED that the unit rates submitted by Mr. Gardener Inc. for 1985 Tree Planting Programme - Contract No. T.P. 24-85, be accepted at the low tendered amount of $8,624.00; AND the Seal of the Corporation be hereto affixed. Carri?d Unanimously. No. 72 - HINSPERGER - KERRIO - RESOLVED that the unit prices submitted by Lundy Steel, Division of Ivaco Inc. for Peninsula Fence & Landscaping Inc., - for the supply and erection of fences and backstops - Contract F.C. 23-85, be accepted at the low tendered amount of $20,696.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 73 - CHEESMAN - JANVARY - RESOLVED that approval be given by City Council that Alderman Patrick Cummings be named presiding officer for the Council meeting scheduled for October 28th, 1985, in the absence of His Worship Mayor William S. Smeaton; AND the Seal of the Corporation be hereto affixed. C~arried Unan.imousl7.. BY-LAWS, ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that leave be granted to introduce the following by-law, and the by-law be read a first and second time: No. 85-206 - A by-law to amend By-law 79-200, as amended. (McLeod and Dorchester Roads). Carried Unanimously. .,. - 8 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 85-201 - A by-law to provide for the issuing of permits in respect of vehicles that are operated by or that carry a physically handi- capped person and to provide the manner by which such vehicles shall be identified and to exempt from certain provisions of other by-laws of the Corporation the owners and drivers of vehicles so identified and to prohibit the improper use or acquisition of such permits or other identifylag markers issued in connectlos with such permits. No. 85-202 - A by-law to require the provisions of designated parking spaces for the sole use of vehicles operated by or conveying a physically handicapped person and in respect of lalich a permit has been issued under By-law No. 85-201. No. 85-203 - A by-law to provide for the voluntary payment of penalties for contravention of parking and certain other by-law provisions. No. 85-204 - A by-law to provide for the use of parking meters on streets. No. 85-205 - A by-law to provide for establishing parking lots in the City of Niagara Falls, and for regulating, supervising and governing the parking of vehicles thereon and charging a fee for such parking. No. 85-207 - A by-law to authorize the execution of an agreement with Gardener Inc. for the 1985 tree planting program. No. 85-208 - A by-law to authorize the execution of an agreement with Lundy Steel a division of Ivaco Inc. for fences and back,tops. No. 85-209 - A by-law to alter the boundaries of the Urban Service Area of the City. No. 85-210 - A by-law to provide monies for general purposes. No. 85-211 - A by-law to authorize the purchase of 4601 Erie Avenue for parking purposes. The motion Carried with Aldermen Chessman, Cummings, and Hinsperger ~bstaining from the vote on By-law No. 85-210, on conflicts of interest previously recorded in Report No. 482; and all others voting in layout. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings~ that the following by-laws be now read a second and third time: No. 85-201 - A by-law to provide for the issuing of permits in respect of vehicles that are operated by or that carry a physically handi- capped person and to provide the manner by which such vehicles shall be identified and to exempt from certain provisions of other by-laws of the Corporation the owners and drivers of vehicles so identified and to prohibit the improper use or acquisition of such permits or other identifying markers issued in connection with such permits. No. 85-202 - A by-law to require the provisions of designated parking spaces for the sole use of vehicles operated by or conveying a physically handicapped person and in respect of which a permit has been issued under By-law No, 85-201. No. 85-203 - A by-law to provide for the voluntary payment of penalties for contravention of parking and ~ertain other by-law proyisions. No. 85-204 - A by-law to provide for the use of parking meters on streets. No. 85-205 - A by-law to provide for establishing parking lots in the City of Niagara Falls, and for regulating, supervising and governing the. ~ ~arkinS of vehicles thereon and charging a fee for such parking. -9- No. 85-207 - A by-law to authorize the execution of an agreement with Mr. Gardener Inc. for the 1985 tree planting program. No. 85-208 - A by-law to authorize the execution of an agreement with Lundy Steel a division of Ivaco Inc. for fences and back, tops. No. 85-209 - A by-law to alter the boundaries of the Urban Service Area of the City. No. 85-210 - A by-law to provide monies for general purposes. No. 85-211 - A by-law to authorize the purchase of 4601 Erie Avenue for parking purposes. The motion Carried with Aldermen Cheesman, Cummings, and Hinsperger abstaining from the vote on By-law No. 85-210, on conflicts of interest previously recorded; and all others voting in favour. NEW BUSINESS UPCOMING ELECTION His Worship Mayor Smeaton referred to Alderman Keighan's decision not to run for re-election, and discussed the Alderman's valuable service to this community for a number of years. Mayor Smeaton advised that Alderman Kerrto had decided not to seek re-election, and expressed appreciation to Alderman Kerrio for his valuable contribution to City Council. His Worship Mayor Smeaton expressed good wishes to Alderman Merrett, who is seeking election to the Regional Municipality of Niagara; and to all Aldermen seeking re-election. FERN PARK PLAYGROUND Alderman Cummings referred to a handout memorandum with respect to the removal of unsafe playground equipment from Fern Park. He suggested that a letter of appreciation be forwarded from Mayor Smeaton's office to Mr. Robert R. Blanchfield, 7412 Jordan Avenue, for his efforts in connection with the Fern Park Playground over the years. CO-ORDINATED EMERGENCY SERVICES (COES) Alderman Cummings discussed the successful drive for food last Saturday, 0ctober 19th, 1985, by volunteers from the nOES program, and suggested that a letter of appreciation and offer of future assistance be forwarded to the group. TORONTO BLUE JAYS Alderman Cummings referred to the anticipated report regarding the proposal from the Blue Jays that a farm team be established in Niagara Palls, and to the effect of the proposal on the Mariners team and their plans for next year. His Worship Mayor Smeaton advised that he had been in recent contact with the Blue Jay reB~esent~tives, and that a decision on the matter was expected after a further ~isit° had" ~ee~ made to all parks involved. CONGRATULATIONS/MR. & MRS. FRED BRUNNING In response to Alderman Somerville's request that a letter of congratulations be forwarded to Mr. and Mrs. Fred Brunning on their 50th Wedding Anniversary, His Worship Mayor Smeaton advised that this action had been taken. COMMITTEE OF ADJUSTMENT APPOINTEES Alderman Puttick referred to The Planning Act, 1983s and to appointments to the Committee of Adjustment. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that a verbal report be submitted containing factual information with respect to Citizens and Council appointees to the Committee of Adjustment. Carried Unanimously. - o . . . l0 - 10 - MAJOR GENERAL SIR ISAAC BROCK DINNER Alderman Chessman referred to his recent attendance at the Annual Major General Sir Isaac Brock dinner as a representative of Mayor Smeaton, and submitted two plaques depicting the Coat of Arms of Major General Sir Isaac Brock, and Brock of Guernsey, which had been presented to him. He suggested that the plaques be suitably framed and hung in City Hall. KALAR ROAD/THOROLD STONE ROAD INTERSECTION Alderman Merrett discussed recent contacts he had received which expressed renewed concern regarding traffic conditions at the aforementioned intersection. ORDERED on the motion of Alderman Merrett, seconded by Alderman Kerrio, that the matter be referred to Staff for consultation with representatives of the Region- al Municipality of Niagara, in order that a full investigation might be made with consideration being given to improvements. Carried Unaaimously. Alderman Kerrio retired from the meeting. INDUSTRY IN AGRICULTURAL AREA Miss Jean Grandoni was granted permission to address Council on the motion of Alderman Chessman, seconded by Alderman Cummings. She discussed her concerns with respect to the illegal building of an industry in an area zoned for agricultural use at 9903 Uppers Lane. Miss Grandoni referred to trucks being allowed to use the country road, the stripping of topsoil, and the environmental aspects of the situation, as well as land which is capable of fruit production being used illegally. Alderman Chessman discussed his visit to the site with Miss Grandoni and the Director of Buildings & Inspections three weeks ago, and the registered letter which had been subsequently sent to the company by the City, to which no response had been received. The Zoning Administrator advised that the communication had been forwarded under the City's Zoning By-law, and further, that action had been taken earlier today through an Order under the Building Code. MESSAGE OF CONDOLENCE ORDERED on the motion of Alderman Cummings, seconded by Alderman Ninsperger, that a messae of condolence be forwarded to the family of the late Mr. Joseph Elmer Arsonaunt. Unanimously. Carried - ***** It was moved by Alderman Puttick~ seconded by Alderman Orr~ that the meeting adjourn. ~ READ AND ADOPTED, S- SMEATON THIRTY-FOURTH MEETING Committee Room #1 October 28, 1985 Council met on Monday, October 28th, 1985, at 7:15 p.m. in Committee of the Whole. All members of Council were present with the exception of His Worship Mayor Smeaton, and Alderman Kerrfo. Alderman Hfnsperger presided as Cbairman. Following consideration of the items presented the Committee of the Whole arose without reporting. READ AND OPTED, L /<~ PLANNING/REGULAR MEETING Council Chambers October 28, 1985 Council met on Monday, October 28th, 1985, at 7:30 p.m. for the purpose of considering Planning Matters and regular business· All members of Council were present with the exception of His Worship Mayor Smeaton. Alderman Patrick C~,mmtngs presided as Chairman. Alderman Kerrio offered the Opening Prayer. ~RESID~NG OF~ICE~ ~L~C~I~G~ ADOPTION OF MINUTES ORDERED on the motion of Alderman Somerville, seconded by Alderman Baker, that the minutes of the meeting dated October 21st, 1985, be adopted as printed. Carried Unanimously. DEPUTATION FUTURE PLANS/MAPLE LEAF VILLAGE Communication No. 323 - James D. Powers, York Harmover Amusements Ltd. - Re: Future Plans for Maple Leaf VIIiage. T~e communic~i6~ ~fi~ ~ission to address Council. Mr. W. Gullett, Solicitor for York Hannover Amusements Limited advised that the following representatives were in attendance: Mr. Don Chapman, Chapman Murray Associates; Mr. Larry Griffiths, Architect with Chapman Murray Associates; and Mr. Jim Powers, Vice-President of Corporate Development with York Harmover. A handout brochure of the Maple Leaf Village Master Plan was distributed. Mr. Gullerr reviewed the proposal for Maple Leaf Village, being a diverse toursit operation consisting of 3 Hotels containing 850 rooms, a Three Level Themed Shopping Complex, Amusement Park, and parking for 1,100 cars. A slide demonstration on the proposed Master Plan for Maple Leaf Village was presented, with descriptive narration by Mr. Chapman· Mr. Chapman replied to questions raised regarding the ferrts wheel, an over- head walkway across the tracks to Victoria Avenue, and the C.A.I.P. III project. ORDERED on the motion of Alderman Keighan, seconded by Alderman Merrett, that the commnnication be received, and the proposed conceptual development plan, as presented by York Henhover Amusements Ltd., be approved in principle· It was further recommended that Council support the Developer's application for a Canada/Ontario Subsidiary Agreement for Tourism Development. Carried 'Unanimously. See Resolution No. 77A. Presiding Officer Alderman Cummings declared a 5 minute recess to enable Council members to view the posted sketches of the proposed plans. Following the recess, Council reconvened for the balance of the meeting. REPORTS- PLANNING MATTER__S NO. 485 - (PD/lll/85) - Chief Administrative Officer - Re: AM-lO/85 Zoning Amendment Application, M~. J. Basfle, 8114 Culp Btr~et; Location: Southwest corner Culp Street and Pine Grove Avenue. The report recommends the following: 1) That Council support the proposed amendment to By-law 79-200 as detailed in the Technical Report for 3. Basile and this Recommendation Report PD/l11/85; 2) That Council direct Staff to prepare the zoning by-law amendment for enact- ment at a subsequent Council meetinS conditional upon the applicant agreeing to having a site plan approved by Council and entering into a Site Plan A~reement with the Municipality. .... 2 -2- - AND- Communication No. 324 - Lester B.'&Stella Anthog - Re: AM-lO/85 Zoning Amendment Application. The communication expresses opposition to the proposed amendment because of congestion, land use overcrowding, as wall as traffic and parking difficulties. Alderman Cummings, Presiding Officer, declared the Public Meeting open and explained the procedure under the Planning Act of Ontario. The City Clerk advised that the application proposed to amend the zoning on the lands from R2 and having a special provision permitting a nursing home, to RSA permitting the conversion of an existing building, which was a former nurs- ing home, to a 9 unit apartment. Re further advised that Notices of the Public Meeting were forwarded by first class mail on September 25th, 1985. In response to the Alderman Cummings' query, Mr. D. Waterhouse indicated his presence at the meeting as Agent for the Applicant. A show of hands was requested for persons in attendance who were for, or against, the application. Alderman Cummings advised that any persons wishing to receive further notice of the passing of the by-law should submit their names and addresses to the Clerk prior to leaving the meeting, and further, that all interested persons would be given an opportunity to speak. The Director of Planning explained the proposal, with the assistance of posted sketches. He reviewed the subject lands, being on the southwest corner of Culp Street and Pine Grove Avenue, and reviewed information contained in the Technical Report in terms of reports received from the Buildings & Inspections Department, Municipal Works Department, Regional Planning & Development Department, and Regional Public Works Department. The Director of Planning discussed the proposed parking, landscaping and buffering provisions, as well as the Application Assessment, and recommended that Council support the proposed amendment conditional upon the applicant agreeing to having a Site Plan approved by Council and entering into a Site Plan Agreement with the Municipality. The following residents living in the subject area expressed opposition to the application: Mr. G. Foley, 6162 Pine Grove Avenue; Mr. A- Rovert, 6212 Pine Grove Avenue; Mrs. Mary Jane Domik, 6156 Pine Grove Avenue; Mr. R.A. Owens, 6128 Culp Street; Mr. M. Evans, 6193 Culp Street; and Mrs. Ruth Lotimer, 6037 Culp Street. The residents discussed the possible deterioration in the quality of life in terms of unacceptable behaviour patterns connected with apartments; the possibility of inadequate water supply and sewage services; lower property values; and additional parking problems. Mr. Waterhouse, Solicitor, discussed the former use of the property, being a 37 bed nursing home, and referred to other multi-family dwellings in the area. Re advised that the proposal was for 1 and 2 bedroom apartments, and that floor plans were available for the perusal of interested persons. Mr. Waterhouse stated that the proposed parking would accommodate 16 off-street parking spaces, which was more than the required number. He responded to questions raised regarding monthly rental, rent subsidy, visitor parking, lands and buildings owned by his client, the anticipated standard of the proposed apartment building, and the convert-to-rent fumding program. The Director of Planning and Director of Municipal Work~ replied to questions raised with respect to water services, replacement of watermain, water drainage, and the existing zoning regulations. Presiding Officer Alderman Cummings received no response to a request for further comments, and therefore, declared the Public Meeting closed. ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the communications be received and filed, and further, that the report be received and adopted. The motion Carried ~ith the following vote: AYE: Aldermen Baker, Cheesman, Coville, Ninsperger, Janvary, Keighan, Kerrio, Merrett, Orr, and Somerville. NAYE: Alderman Puttick. No. 486 - (PD/114/85) - ChiefAdministrative-Officer - Rel AM-11/85 Zoning Amendment Application, Mrs. C. BasIIe, 6344 Drummoncf Road; Location: Northeast Corner of Drummond Road and Murray Street. The report recommends the following: 1) That Council support the proposed amendment to By-law 79-200 as detailed in the Technical Report for C. Basile and this Recommandation Report PD/114/85; 2) That Council direct Staff to prepare the zoning by-law amendment for enactment at a subsequent Council meeting and that the site be placed under gite Plan Control. Presiding Officer Alderman C-mmtngs declared the Public Meeting open and ' reviewed the ~rocedure under the Planning Act. 3 The City Clerk explained the proposal to amend the zoning on the lands from TRM to R3 and amending standard regulatory provisions, and applying site specific ones respecting lot frontage, front yard, interior side yard, and exterior side yards for the purpose of constructing a two storey triplex dwelling in the form of on-street townhouses. He advlsed that the Notices of Public Meeting were forwarded by first class mail on September 25th, 1985. The Planning Director reviewed the proposal with the assistance of a posted sketch, discussed the location, property description, Application Assessment and Site Planning Principles. He stated that the lands were located within a Resid- ential land use designation of the City's Official Plan, Amendment No. 28, whereby the predominant use of the lands shall be for residential purposes of varying dwelling types, and that the proposed amendment to the Zoning By-law conforms with the general purpose and intent of the Official Plan. -AND - Communication No. 325 - Mrs. G. White - Re: Zoning Amendment Application AM-11/85. The communication expresses objection to the proposed development because of the blocking out of morning sun, and a possible decrease in property value of adjacent property, and further, that the lot is too small. Mr. Brian White, son of Mrs. G. White, advised Council that his mother is opposed to the application. He stated that there was very little privacy for his mother's property. The Applicant, Mrs. C. Basile, advised that the development would allow for increased privacy for Mrs. White. The Planning Director responded to questions raised regarding the size of the subject lands, density land use, and the number of variances requiring change. Following further discussion, Presiding Officer Alderman Cumminga declared the Public Meeting closed. ORDERED on the motion of Alderman Merrett, seconded by Alderman Keighan, that the matter be tabled to the next Planning Meeting, in order that the Developer, Mrs. G. White, Mr. Brian White, and Staff might consider the matter further. Carried Unanimously. No. 487 - (PD/llO/85) - Chief Administrative Officer - Re: 26T-76098 Request for Extension to Draft PIan ApprovaI, Kefner (Augurusa) Subdivision. The report recommends the following: 1) That copies of this report be forwarded to the Ministry of Municipal Affairs and Matthews & Cameron Limited; 2) That a Council resolution supporting a one year extension to the Kelner draft plan of subdivision be forwarded to the Ministry of Housing. ORDERED on the motion of Alderman Keighan, seconded by Alderman Janvary, that the report be received and adopted. Carried Un~i~ous!y. see Resolution No. 77. No. 488 - (PD/112/85) - Chief Administrative Officer - Re: ST-IO5(d) Proposed Regional Policy Plan Amendment. The report recommads the following: 1) That the Regional Municipality of Niagara be informed that the City of Niagara Falls is in general agreement with the contemplated Official Plan Amendment; 2) That the Regional Municipality of Niagara consider the comments of the City of Niagara Falls as detailed in this report. ORDERED on the motion of Alderman Coville, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimou. s. lZ.' No. 489 - (PD/113/85) - Chief Administrative Officer - Re: P-3 Possible Delegation to Regional Niagara of Responsibility fo~ Municipal Official Plan Approval and Condominium Approval. The report recommends the following: 1) That Council is not adverse to the possible transfer of the approval process for Condominium Plans of Subdivision from the Ministry of Municipal Affairs to Regional Niagara. 2) That the Region be requested to postpone the possible delegation of the approval process of Official Plan amendments from the Ministry of Municipal Affairs to Regional Niagara until such time as other Regional priorities are achieved; 3) That the Ministry of Municipal Affairs and the Regional Municipality of Niagara be advised accordingly, ORDERED on the motion of Alderman Cheesman, seconded by Alderman Baker, that the report be received and adopted. Carried'Unanimousl~.. - 4 - No. 490 - (PD/115/85) - Chief Administrative Officer - Re: Request for Support - Proposed Severances,, Pt. Lots 1 and Z, Cone. 1, North Side Carl Road. The report reconmends the following: 1) That Council not support the request for severance to create three (3) additional building lots for the above reference plan; 2) That Mr. B. Sinclair, Solicitor for the Pietrangelos', be advised accordingly. Mr. Sinclair reviewed the historical background with respect to the lands in question, and the inability of the homeowners on the property to sell the property or obtain a mortgage because the land is registered under different names. He advised that even if severance was approved by Council, it would be necessary to apply to the Land Division Committee. Aldermen Coville, and Somerville expressed opposition to the request because other persons in the area are unable to obtain severances. The Planning Director explained that because of the shortage of time, the Region had not been contacted regarding the matter. ORDERED on the motion of Alderman Coville, seconded by Alderman Somerville, that the matter be tabled to the next Planning Meeting. The motion was Defeated with the following vote: AYE: Aldermen Coville, and Somerville. NAYE: Aldermen Baker, Cheesman, Hinsperger, Janvary, Keighan, Kerrio, Merrett, Orr, and Puttick. ORDERED on the motion of Alderman Puttick, seconded by Alderman Merrett, that the report be denied, and support be given to the applicant at the Land Division Committee- The motion Carried with the following vote: AYE: Aldermen Baker, Cheesman, Hinsperger, Keighan, Kerrio, Merrett, Orr, and Puttick. NAYE: Aldermen Coville, Janvary, and Somerville. No. 491 - (PD/116/85) - Chief Administrative Officer - Re: Niagara Escarpment Commission Development Permit Application N/B/B4-Mb/146 (M. Grano), Pine Tree Village Mobile Home Park, Request for Council's Bupport. The report recommends the following: 1) That Staff be directed to convene a public meeting and the giving of public notice to area residents and public agencies of Council's intent to consider the proposed expansion of the Pine Tree Mobile Home Park pursuant to Niagara Escarpment Commission Application N/B/84-85/146; 2) That the Niagara Escarpment Commission be advised accordingly. Mr. Malcolm Brockton, Solicitor for the applicant, submitted and reviewed a handout brief to Council. The brief included information regarding the applicant's request that Council support the expanded use of their facilities from 45 to 54 units, and further that the Niagara Escarpment Commission ~ould not recommend the issuance of a permit until the City of Niagara Falls supports the application. Mr. Stockton responded to questions raised with respect to the Certificate of Approval(Sewage), and stated that the sewage problem met the approval of the Ministry of the Environment.. The Chief Administrative Officer reviewed the historical background with regard to sewers on the subject lands. During the discussion it was pointed out that at the Niagara Escarpment Commission Hearing, only written submissions are allowed, and further, that verbal presentations could be made only at an Appeal. The Planning Director discussed the concerns of Staff in terms of the environment, i.e., edour caused by sludge spreading, and stated that a Public Hearing in order that concerns might be circulated to the public and to the Health Unit, ~ould be advisable. ORDERED on the motion of Alderman Orr, seconded by Alderman Baker, that the report be received and adopted. The motion Carried with the following vote: AYEz Aldermen Baker, Chessman, Coyills, Hinsperger, Keighan, Kerrio, Merrett, Orr, and Puttick. NAYE| Alderman Somatrills. No. 492 - (PD/117/85) - Chief'Administrative'Officer - Re~ Regiona~ Conformity - Urgent Zoning Changes. The report recommends the following: 1)' That Staff be directed to prepare an appropriate land use plan for the 8odom Road/Q.E .W, interchange which responds to the issue of Regional conformity and non-farm development at the interchange; ' 2) That the Regions1 Municipality of Niagara be advised according y. ORDERED on the motion of Alderman Orr, seconded By Alderman Chessman, tha~ th~ report be received and adopted, The motion Carried with the following vote: - 5 - AYE: Aldermen Baker, Cheesman, Coville, Hinsperger, Janvary, Keighan, Kerrio, Merrett, Orr, and Somerville. NAYE: Alderman Puttick. DEPUTATION SIDEWALK PLOWING POLICY - MR. DENNIS DELANEY The Clerk advised that Mr. Delaney was unable to attend the meeting because of illness. ORDERED on the motion of Alderman Janvary, seconded by Alderman Baker, that the matter be tabled for one week. Carried Unanimously£ UNFINISHED BUSINESS SITE PLAN APPROVAL PROPOSED ARBY'S RESTAURANT, 6624 LUNDY'S LANE REPORT OF CHIEF ADMINISTRATIVE OFFICER Report No. 493 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Arby's RestauranC, 6624 Lundy's Lane. The report attaches letters from the Regional Municipality of Niagara advising that two driveways to support two- way traffic movement are being considered to service the site, and further, that road widening on Lundy's Lane as a condition of site plan and development control processes are considered essential for effective long range planning; and from Nicol & Johnston, Architects for the applicant, advising that an addi- tional lane is not considered necessary, and objecting to "no left turns" signs. The report recommends that the information be received and filed. ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. COMMUNICATIONS No. 325 - The Niagara Falls Pirates - Re: 4th Annual Hockey Tournament - March 20th to 23rd, 1986. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Somerville, seconded by Alderman Coville, that the request of The Niagara Falls Pirates for a special occasion r2 Fourth Annual ltockey Tournament to be held on March 20th, 21st, 1986, at the Stamford Arena, be granted, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Niagara District Health Unit, and the Liquor Licensing Board of Ontario. Carried. pnanimously. No. 326 - Regional Niagara Planning & Development De artment - Re: Ontario Waste Management Corporation. The communication ateports DPD 1912 and 1914 containing information regarding future steps of the OWMC, and suggesting possible courses of action for Regional Niagara. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Baker, that the communication he received and filed. Carried Unanimously. No. 327 - Regional Niagara Public Works Department - Re: Water/Sewage Flows by Municipality -MonthIy Report for September 1985. The communication attaches Report No. DEP-2246 regarding the aforementioned. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Baker, that the communication be received and filed. Carried UnanimouslZ.' Alderman Kerrio retired from the meeting. No. 328A - Nicholas Minov- Re: Boys' & Girls' Club of Niagara - Lease for Club premises on Carlton Avenue. The communication attaches a copy of the Lease Agreement dated January 12, 1959 between the Optimist Club of Niagara Falls and +The Corporation of the Township of Stamford, advises that the lease had expired on January 12, 1984, had never been renewed, and asks Council's approval of a renewal of the lease retroactively for a further 25 years. - AND - No. 328B - Nicholas Minor - Re: Boys' & Girls' Club of Niagara - Lease for Club premises on CuSp Street. The communication suggests that a lease be completed between the Club and the City of Niagara Falls. The Chief Administrative Officer discussed the former lease arrangement, the recent application for Provincial funding and subsequent realization that the lease had expired. He recommended that a new lease be drawn up between the Boys' and Girls' Club, and the City of Niagara Falls for $1.00 per year. ORDERED on the motion of Alderman Ketghan, seconded by Alderman Janvary, that the communications be received, and that a lease be constituted between the Boys' and Girls' Club and the City of Niagara Falls for $1.00 per year. Carried Unanimous ly. No. 329 - Bible Bspttst Church - Re: 9th Anniversary. The communication requests permission for the group to erect a banner across Uppers Lane, at the corner of Beechwood Road, between October 29th and November 19th, 1985, in conjunction with the 9th Anniversary of the Chvrch. ORDERED on the motion of Alderman Chessman, seconded by Alderman Somerville, ~hnt t~e re est ~e granted subject to the approval of the Niagara Falls Hydro. arrie 'Unanimous y. · . . . 6 6 No. 330 - P.'D.'SUllivan~ Solicitor - Re: 6068 Dixon Street. The communication refers to complaints from neighbouts regarding a single family dwelling at the aforementioned address. Mr. Sullivan stated that he had been advised of action taken by the City on this matter. The Director of Buildings & Inspections explained previous actions taken respecting the property, that the offending tenants had moved during the sununer, but had returned to the residences and that legal action had been taken earlier today. ORDERED on the motion of Alderman Orr, seconded by Alderman Baker, that the communication be received and the action of Staff endorsed. Carried Unanimously. No. 331 - Andy Brandtt M.P.P. Sarnia - Re: Spills Bill. The communication discusses concerns over the implementation of Bill 24, An Act to Amend the Environmental Protection Act (Spills Bill 24), and its effect on Municipalities. ORDERED on the motion of Alderman Kefghan, seconded by Alderman Coyills, that the communication be received and referred to Staff for a report. Carried Unanimously. No. 332 - Chip awe Lions Club - Re: Santa Claus Parade - December 14, 1985. The communication requests permission to conduct a Santa Claus Parade on Saturday, December 14ths 1985 commencing at 10:00 a.m. from the Niagara Parks Park and Ride Depot to the Chippaws Lions Park. Alderman Hinsperger declared a conflict of interest because he is a member of the Club. ORDERED on the motion of Alderman Somerville, seconded by Alderman Baker, that the request be granted subject to the approval of the Niagara Parks Commission and the Regional Municipality of Niagara. The motion Carried ~rlth Alderman Hinsperger abstaining from the vote on a conflict of interest previously recorded, and all others voting in fayour. REPORTS No. 494 - Chief Administrative Officer - Re: Tender for Supply, Treat, and Stockpiling of Winter Sand - I985-1986 Winter Season. The report recommends that the tender for supply and delivery of winter sand, including the mixing of salt with this sand, and remixing of the existing stockpile, be awarded to Walker Brothers Quarries Limited for the unit prices tendered by this company. ORDERED on the motion of Alderman Keighan, seconded by Alderman Baker , that the report be received and adopted. Carried Unanimously; SeeResolution'No; 75; No. 495 - Chief Administrative Officer - Re: Tenders for Rental of Snow Removal Equipment - l~M)-l~Sb Winter Season. The report recommends that the tenders received from the following for the purpose of snow removal during th~ 1985-1986 winter season be accepted at the hourly rates shown on the tender summary sheet: 1) Modern Crane Rentals Ltd. for the rental of one (1) 4-wheel drive front-end loader and one (1) truck with plow; Montgomery Bros. Construction for the rental of two (2) 4-wheel drive front- end loaders; / Modern White Lines Ltd. for the rental of one (1) 4-wheel drive front-end loader; 2) 3) 4) 5) Hlnsperger, that the report be received and adopted. L. Walter & Sons Excavating Ltd. for the rental of one (1) 4-wheel drive front-end loader, and one (1) grader; Pizzi General Contracting for the rental of two (2) graders. ORDERED on the motion of Alderman Somerville, seconded by Alderman .CarriedUnanimously. 8ee'ResolutlonNo.'76. No. 496 - ChiefAdministrattve~Officer - Re: Niagara Falls Memorial Arena - Exterior Finis~ Coating. The repor~ recommends that City Council authorize an expenditure of $16,577.00 for the purpose of carrying out necessary maintenance and repairs to the exterior finish coating at Niagara Falls Memorial Arena. The Director of Buildings & Inspections replied to questions raised reg~rding the cost of remedial work being done by the original applicator at no cost to the City, advised that the matter was being pursued, and that remedial'work prior to the winter season was imperative. .ORDERED on the motion of Alderman Baker, seconded by Alderman Merrett, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen.Baker, Cheesman, Coville, Hinsperger, Janvary, Keighan~ Merrett, .Orr, and Somerville? NA~E~-. Alderman Puttick, '. - 7 - No. 497 - City Clerk - Re: AM-17/84, Restricted Area By-law No. 85-153~ Proposed Forest Glen Estates Subdivision. The report recommends that the date of the Ontario Municipal Board Hearing respecting the above zoning by-law and proposed subdivision be noted and that this report be received and filed. ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker, that the report be received and adopted. Carried UnanimoUsly. No. 498 - Chief Administrative Officer - Re: Surplus Property, Nortbeast Corner Allendale Avenue & Robinson Street. The report recommends that Council pass the By-law appearing later on the ageode to authorize the sale of Part of Lot 1, Plan 653, located at the northeast corner of Robinson Street and Allendale Avenue, for $2,300 plus survey costs. ORDERED on the motion of Alderman Keighan , seconded by Alderman Hinsperger, that the report be received and adopted. Carrie~ Unanimously. See By-law No. 85-213. No. 499 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that t~e accounts tota~ling $1,293,810.77 for the one week period ending October 28th, 1985 be approved by the passing of the by-law appearing later on the agenda. Alderman Hinsperger declared a conflict of interest on Cheque No. 11948 because he is employed by the company. Additional information was provided on Cheques No. 12002, and 12024. ORDERED on the motion of Alderman Coville, seconded by Alderman Somerville, that the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on Cheque No. 11948, on a d6fi~lict of interest previously recorded; and all others voting in favour. No. 500 - Chief Administrative Officer - Re: Constitution of Committee of Adjustment. The report attaches a report submitted to City Council in 1983 regarding the above mentioned; advises that the present members of the Committee will hold office for the term of the Council that appointed them and new appointments will be required when the new Council takes office; and recommends that the information be noted and the composition of the Committee of Adjustment be considered by the incoming Council. ORDERED on the motion of Alderman Puttick, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 75 - KEIGHAN - BAKER - RESOLVED that the unit prices submitted by Walker Brothers Quarries Limited for Supply, Treat, and Stockpiling of Winter Sand for the 1985-1986 Winter Season, be accepted at the low tendered amount of $85,080.00; AND the Seal of the Corporation be hereto affixed. Carried U~animouslF. No. 76 - SOMERVILLE - HINSPERGER - RESOLVED that the unit prices submitted by the following companies for the rental of snow removal equipment for the 1985-1986 Winter Season, be accepted as listed below: 1) Modern Crane Rentals Ltd. - one (1) 4-wheel drive front-end loader one (1) truck with plow 2) Montgomery Bros. Construction - two (2) 4-wheel drive front-end loaders - $58.00/hr.(one unit) 78.00/hr.(two units) - $45.00/hr.(one unit) - 55.00/hr.(one unit) 3) 4) 5) Modern White Lines Ltd. - one (1) 4-wheel drive front-end loader L. Walter & Sons Excavating Ltd. - one (1) 4-wheel drive front-end loader one (1) grader Pizza General Contracting - two (2) graders ; AND the Seal of the Corporation be hereto affixed. - $57.00/hr.(one unit) - $47.00/hr.(one unit) - 50.00/hr.(one unit) - $48.00/hr.(two units) Carried Un~ni.mo. Usly. No. 77 - KEIGHAN -.JANVARY - RESOLVED that the Council of the City of Niagara Falls supports a further one year extension of draft plan approval for the gelnet (Augurusa) Subdivision (File No, 26T-76098), and that the Ministry of Municipal Affairs be so advised; AND the Seal of the Corporation be hereto affixed. Carried UnanimoUsly. .j__ -8- No. 77A - KEIGHAN- 'MERRETT - RESOLVED that the proposed conceptual development plan, as presented by York Hannover Amusements Ltd., be approved in principle. It was further recommended that Council support the Developer'e application for a Canada/Ontario Subsidiary Agreement for Tourism Development. Carried Unanimously. BYeLAWS ORDERED on the motion of Alderman Merrett, seconded by Alderman Cheesman, that leave be granted to introduce the following by-laws, and the by-laws be read a flrst time: No. 85-212 - A by-law to authorize a Grant of Easement to the Regional Municipality of Niagara. (Pt. Twp. Lot 114, former Twp. of Stamford). No. 85-213 - A by-law to authorize the sale of certain lands in the City of Niagara Falls. (Pt. Lot 1, RP 653) No. 85-214 - A by-law to authorize an agreement to amend a license agreement. (P. P. & P. Hotels Ltd.). No. 85-215 - A by-law to provide monies for general purposes. The motion Carried with Alderman Hinsperger abstaining from the vote on By-law No. 85-215 on a conflict of interest previously recorded in Report No. 499, and all others voting in layout. ORDERED on the motion of Alderman Orr, seconded by Alderman Baker, that the following by-laws be now read a second and third time: No. 85-212 - A by-law to authorize a Grant of Easement to the Regional Municipality of Niagara. No. 85-213 - A by-law to authorize the sale of certain lands in the City of Niagara Falls. No. 85-214 - A by-law to authorize an agreement to amend a license agreement. No. 85-215 - A by-law to provide monies for general purposes. The motion Carried with Alderman Hinsperger abstaining from the vote on By-law No. 85-215 on a conflict of interest previonaly recorded, and all others voting in favour. NEW BUSINESS CROSSING 'GUARD/JAMES 'MORDEN'SCHOOL Alderman Orr advised that she had received complaints regarding the Crossing Guard at the James Motden School, 7112 Dorchester Road, and requested that the matter be investigated. BERNARD MUELLER - COMPLAINT Alderman Puttick referred to a contact from Mr. Bernard Mueller, 5613 Dorchester Road, regarding Staff, and asked that the matter be considered at the next meeting of City Council. The Chief Administrative Officer advised that he would contact Mr. Mueller tomorrow mornin8 regarding the concern. It was moved by Alderman Merrett, seconded by Alderman Baker~ that the meeting adjourn. Carried Unanimousl~ THIRTY'FIFTH'MEETING Committee Room #1 November 4, 1985 Council met on Monday, November 4th, 1985 at 7:00 p.m. in Committee of the Whole. All members of Council were present with the exception of Alderman Kerrio. Alderman Keighan presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ~DPTED, ~ ~ L~ .... ~ REGULAR MEETING Council Chambers November 4, i985 Council met on Monday, November 4th, 1985 at 7:30 p.m. for the purpose of considering general business. All members of Council were present. His Worship Mayor Smeaton presided as Chairman. Alderman Somerville offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the minutes of the meeting held October 28th, 1985, be adopted as printed. Carried Unanimously. PRESENTATIONS FREEDOM OF THE CITY - THE ROYAL CANADIAN LEGION His Worship Mayor Smeaton welcomed representatives of the four branches of The Royal Canadian Legion, and presented to the President of each branch, a replica of a commemorative plaque, to be unveiled this evening, conferring "Freedom of Entry" to The Royal Canadian Legion which is celebrating its Diamond Jubilee, and in memory of those who served in World War I, World War II, and the Korean conflict. The Presidents receiving the replicas were: Mr. William Soper, Branch 51; Mrs. Mary Winterton, A.C. McCallum Branch 479; Mr. Leo Dopke, General W. Sikorski Branch 590; and Mr. Russ Stewart, Branch 396. The Council convened in the foyer of the Council Chambers where the aforemen- tioned commemorative plaque was unveiled, and the City was presented with The Royal Canadian Legion Banner, and the Canadian Flag. Following the unveiling ceremony, Council reconvened in the Council Chambera for the balance of the meeting. WELCOME His Worship Mayor Smeaton welcomed representatives of the Fourth Niagara Pathfinders Group, and their Leader, Miss Vicky Turner, to the meeting. DEPUTATIONS READ AND ADO , APPLICATIONS 'TO CANADIANRADIO-TELEVISION COMMISSION (CRTC) Mr. James Rocca addressed Council on behalf of Mr. Domenic Morabito, principal shareholder of CHOW Radio 1470, who has made application to the CRTC to operate a Multicultural Radio Station in the Niagara Peninsula with head offices in the City of Niagara Falls. He discussed Mr. Morabito~s activities in Niagara Falls, as yell as the benefits of this application in terms of local employment, ethnic cultural pursuits, and advertising funds remainin8 in the community, He referred to interested supportive groups and requested Council*s endorsement of the application, Mr. Morabito ~as in attendance to respond to questions raised, -2- Mr. Keith Dancy, President of CJKN 710, reviewed his application to the CRTC for a new FM station to service the City of Niagara Fails and the Niagara Peninsula. He reviewed his past association with the City, and replied to questions raised regarding the proposal. A lengthy discussion followed regard- iug Council's mandate to make a decision in the matter. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cunnnings, that the matter be tabled for further information. The motion was Defeated with the following vote: AYE: Aldermen NAYE: Aldermen Orr, and Cummings, Merrett, and Puttick. Baker, Cheesman, Coville, Hinsperger, Janvary, Keighan, Kerrio, Somerville. Following further discussion it was moved by Alderman Kerrlo, seconded by Alderman Hinsperger, that Council support the applications of Mr. Morabito and Mr. Dancy, both of whom are good corporate citizens, to the C.R.T.C. Hearing scheduled for December 16, 1985. The motion Carried with Alderman Orr abstaining from the vote, and with the following vote: AYE: Aldermen Baker, Chessman, Coville, Hinsperger, Janvary, Keighan, Kerrio, and Somerville. NAYE: Aldermen Cummings, Merrett, and Puttick. SIDEWALK SNOW PLOWING '-'MR; DENNIS 'DELANEY Mr. Dennis Delaney, 4518 Ryerson Crescent, reviewed a written submission to Council containing his suggestion that the snow removal from sidewalks in the City "be kept to only heavy traffic areas, main streets and around public buildings (which include schools and churches)". He listed reasons for the suggestion in terms of technical, economic, safety hazards, and the inclination of many people to walk on the roads. Mr. Delaney discussed his opposition to the idea of sidewalk snow removal by individual homeo%~lers. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the matter be referred to the Municipal Works Committee for consideration. Carried'Unanimously. REAR YARD FLOODING - MR. PAUL PRICE Mr. Paul W. Price, 7246 Freeman Street, addressed Council, expressing his concerns regarding an ongoing problem of rear yard flooding during "spring run- off and heavy rainfall. He advised that the situation had been the result of residential construction and the higher grading of land in the neighbo~rhood. Mr. Price discussed previous contacts with the City and unsuccessful attempts to have action taken to resolve the problem. Mr. S. Kaufmann, 7266 Freeman Street, advised that the problem of rear yard flooding in the area had first occurred in 1981 when the Meadowvale Extension was created. He discussed a meeting on site with the former Mayor and City Staff to view the problem, and a meeting in September 1985 with Mayor Smeaton when pictures of the area were shown. Mr. Kaufmann discussed the retention of an attorney and subsequent contacts with City Staff, without success, and asked that the matter be rectified. ORDERED on the motion of Alderman Coville, seconded by Alderman Orr, that the matter be referred to the Chief Administrative Officer, and his office, for an investigation, and report in two weeks. Carried Unanimously. DRAINAGE PROBLEM - MR...BERNARD'MUELLER Mr. Bernard D. Mueller, 5613 Dorchester Road, reviewed correspondence he had recently received from the Chief Administrative Officer in response to a communication he had previously forwarded to Mayor 8meaton, problems of concern which included construction on a neighbouring property which resulted in a water problem on his property and unsuccessful attempts to resolve the problem through City Staff. A number of concerns were referred to by Mr. Mueller, and these had been included in the communication from the Chief Administrative Officer. The Chief Administrative Officer advised that Mr. Mueller had contacted him earlier today for additional information. He stated that notice had been received from the Committee of Adjustment that the appeal with respect to approval of minor variance in connection with the property at 5697 Dorchester Road, would be heard on December 9th, 1985. -3- Following further discussion, it was moved by Alderman Cummings, seconded by Alderman Cheesman, that the matter be referred to the Chief Administrative Officer for a report on all pertinent information at the next meeting of Council. The motion C.arried with the following vote: AYE: Aldermen Baker, Chessman, Covllle, Cummings, Hinsperger, Keighan, Kerrio, Merrett, Puttick, and Somerville. NAYE: Aldermen Janvary, and Orr. COMMUNICATIONS No. 333 - Niagara Peninsula Conservation Authority.- Re: Proposed Authority Membership Revision. The communication requests that Council approve the recommendations attached. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ninsperger, that the proposed membership policy be approved, and further, that the Authority he complimented for their efforts in this regard. qa. rr~e.d Unanimously. No. 334 - The Optimist Club - Re: "Youth Appreciation Week". The communication requests that Council proclaim the week of November 10 to 16, 1985, "Youth Appreciation Week" ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the communication be received and the request approved subject to established policy. Carried Unanimously. REPORTS No. 501 - (PD/119/85) - Chief Administrative Officer - Re: Application for Exemption from Part Lot Control, Lot 27, Rag. Plan~-78, Post Road (Ascot Wood Ext.). The report recommends that the request from Schneider Construction Co. Ltd. to exempt Lot 27 according to Registered Plan M-78 from Part Lot Control be approved and Council pass the appropriate by-law appearing on tonight's agenda. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanl~q~S!y. See By-law No. 85-224. No. 502 - (PD/120/85) - Hazardous Waste Steering Co..m~.ittee - Re: The City's Strategy for the OWMC Hearing. The report makes the following recommendations: 1) That Council adopt a strategy to establish a monitoring role regarding the OWMC matter, as outlined in this report; 2) That the Hazardous Waste Steering Committee be maintained as a Standing Committee of Council; 3) That the mandate of the Committee be expanded to not only monitor the OWMC issue, but also to respond to other environmental matters; 4) That Staff be directed to prepare draft Terms of Reference for this Committee for further consideration by Council; 5) That the Research Team contracts be allowed to expire at the end of their present term; 6) That M. McQuaid's services be retained to perform work only on the direction of the Committee; 7) That the balance of grants for the Tourism Impact Study from the Visitors & Convention Bureau, and the Ministry of Tourism and Recreation be refunded; 8) That the residual finances from the 1985 budget be retained as a reserve for 1986. The Chief Administrative Officer, and the Director of Planning & Develop- ment replied to questions raised regarding fees for Mr. McQuaid's services; the recommended reserve for 1986 of the resideal financing from the 1985 budget; the responsibilities of Planner II; and the need for a Standing Committee to deal with environmental issues. ORDERED on the motion of Alderman Coville, seconded by Alderman Keighan, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Cheesman, Coville, Cummings, Hinsperger, Janvary, Ketghan, Kerrto, Merrett, and Somerville. NAYE: Aldermen Orr, and Puttick, ,! -4- No. 503 - ChiefAdministrative'OffiCer - Re: Proposed Cryslat Place Condominium Conversion Application, 4692 Cryslat Avenue. Owner: William Slovak. File No. 26 CDM-85001. The report recommends that the application for the proposed con- version to Condominium of the existing residential apartment at 4692 Crysler Avenue be approved in principle, subject to the conditions outlined in the report. Mr. Brtan Sinclair, Solicitor, indicated his attendance on behalf of the applicant. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimousl]. No. 504 - Chief Administrative Officer - Re: Employee Benefits Insurance Renewal. The report provides information with respect to the Employee Benefits Insurance Policy which is subject to renewal effective January 1, 1986, and current premium rates which are guaranteed by Aetna/Excelsior until March 1, 1986; advises of requests made to represent the Corporation as Agent of Record; and ~rfitten submissions to be received no later than December 1, 1985. Alderman Merrett declared a conflict of interest because he is involved in the insurance industry. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the report be received and filed. The motion Carried with Alderman Merrett abstaining from the vote on a conflict of interest previously recorded, and all others voting in favour. Alderman Kerrio retired from the meeting. No. 505 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Two Storey DiCarlo Motel (61 Units), Lundy's Lane (south side, east of Kalar Road). The report recommends that the Council approve the site plans on display at tonight's meeting, being a proposed two storey motel, and the site plan being drawing number M-1 dated October 1985, and the site plan landscape grading plan being drawing number A1, and filed with the Buildings and Inspections Department of the City of Niagara Falls on October 31st, 1985, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 506 - Chief Administrative Officer - Re: Contract S.S. 25-85, Storm & Sanitary Sewer Installation on Dell Avenue, Margaret Street and Heximer Avenue. The report recommends that the unit prices submitted by the low tenderer,-. Provincial Construction (Niagara Falls) Limited, for Contract S.S. 25-85, be accepted by City Council. ORDERED on the motion of Alderman Chessman, seconded by Alderman C,,mmings, that the report be received and adopted. Carried Unanimously. See Resolution No; 78. See'By-law-No;'85~219; No. 507 - Chief Administrative'Officer - Re: Installation of a Yield Sign on Orlando Drive at Keith Street. The report recommends that a '~ield" sign be erected on Orlando Drive facing northbound traffic at Keith Street. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimou~ly. No. 508 - Chief Administrative Officer - Re: Contract G.C. 26-85 - Underground Services on Clifton Hill - Victoria Avenue to Falls Avenue. The report recom- mends that the unit prices submitted by the low tendeter, Delmar Contracting Limited, be accepted by Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman 0rr, that the report be received and adopted. Carried Unanimously. See ResolutionNo.'79, SeeB~-law'No;'8~223~ No. 509 - Chief AdministrativeOfficer - Rez 1985 Capital Budget Projects. The report recommends'that the by-laws appearinS on tonight~s agenda be passed by Council. -5- ORDERED on the motion of Cummings, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. See By-laws No. 85-216, No. 85-217, No. 85-218, No. 85-220, No. 85-221, and No. 85-222. No. 510 - Chief Administrative Officer - Re: Parking Lots - Snow Plowing. The report recommends that quotations received from Dominion Paving Company, United Contracting, and Warden Construction Ltd., for parking lots' snow plowing for the Winter of 1985-86, be accepted. ORDERED on the motion of Alderman Somerville, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Uq~nlmously. No. 511 - Municipal Works Committee - Re: the following recommendations: See Resolution No. 80. Committee Reports. The report makes 1) Installation of Overhead Crane - Municipal Service Centre - - that authorization be granted to allow the f~brication and installation of an overhead crane in the Municipal Garage area at the Municipal Service Centre for an estimated cost of $19,760.00, subject to competitive bids being obtained. 2) Purchase of Snow Blower C/W Truck Chute, Power Sweeper & Straight'Blade Plow - - that the expenditure of $10,964.00 plus all necessary F.S.T. and P.S.T. where applicable, for attachments for the Trackless MTIII Municipal Tractor be authorized. The funds are available from net revenue received from the Municipal equipment auctions held April 20/85 and October 5/85. 3) Street Lights on River Road - - that this advisory report be received for the information of Council. ORDERED on the motion of Alderman Orr, seconded by Alderman Somerville, that the report be received and adopted. Carried Un~ No. 512 - Municipal Works Committee - Re: Street Light Pole Repair. The report recommends that Polymeric Engineering Limited be awarded repair work for 15 concrete poles on Lundy's Lane at a total cost of $10,150.00. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. No. 513 - Chief Administrative Officer - Re: Perimeter Fence at Oakes Park. The report advises that the former report recommending that the chain link fencing at Oakes Park be replaced in the 1985 budget, completes the refencing at Oakes Park; advises that funds to replace the outfield fencing at Ker Park would be included in the 1986 Parks budget; and recommends that this report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. CarriedUnanimously~ No. 514 - Chief'Administrative'Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $696,455.08 for the one week period ending November ~th, 1985, be approved by the passing of the by-law appearing later on the agenda. Alderman C,~mings declared a conflict of interest on Cheque No. 12097 because a member of his family is involved in the program; and on Cheque No. 12181 because he is a member of the Association. Alderman Hinsperger declared a conflict of interest on Chequee No. 12050 and 12216 because he is employed by the company, Additional information was provided on Cheque8 No. 12043, 12064, 12073, 12110, 12129, 12149, 12150, and 12170. ORDERED on the motion of Alderman Janvary, seconded by Alderman Somerville, that the report be received and adopted. The motion C.a.r. ried with Aldermen Cummings, and Hinsperger abstaining from the vote on Cheques No. 12097, 12181, 12050, and 12216 consecutively, on conflicts of interest previously recorded; and all others voting in fayour. 6 No. 515 - Mayor'Smeaton - Re: Request for Remedial Legislation, Solicitation for the Purpose of Prostitution. The report attaches the written submission of the City of Niagara Falls to the Legislative Committee for Bill C-49 regarding Prostitution on October 29, 1985; and expresses appreciation to the City Solicitor, and Superintendent James Moody of the Niagara Regional Police Force for a Job well done. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received and filed. Carried 'Unanimously. No. 516 - Chief Administrative Officer - Re: AM-l/85, Restricted Area By-law No. 85-186, Proposed Expansion - Whitewater Holdings - Lundy's Lane. The report recommends that the City Clerk be directed to forward a copy of By-law No. 85-186, along with the letters of objections, to the Ontario Municipal Board, requesting a hearing date. Alderman Janvary declared a conflict of interest because a member of her family is employed with the applicant. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and adopted. The motion Carried with Alderman Janvary abstaining from the vote on a conflict of interest previously recorded, and all others voting in layout. No. 517 - Chief Administrative Officer - Re: Request for Lighting Boccie Ball Court. The report recommends that the persons who petitioned for flood lights at the Boccie Ball Court in Weaver Park be advised that the request can not be considered for 1985, but will be reviewed in the 1986 Recreation Commission Budget, along with other requests on a priority needs basis. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 78 - CHEESMAN - CUMMINGS - RESOLVED that the unit prices submitted by Provincial Construction (Niagara Falls) Limited, for Contract S.S. 25-85, Storm and Sanitary Sewer Installation on Dell Avenue, Margaret Street and Heximer Avenue, be accepted at the low tendered amount of $152,222.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 79 - CUMMINGS -'ORR - RESOLVED that the unit prices submitted by Del~ar Contracting Limited, for Contract G.C. 26-85, Underground Services on Clifton Hill, from Victoria Avenue to Falls Avenue, be accepted at the low tendered amount of $726,903.20; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 80 - SOMERVILLE -HINSPEROER - RESOLVED that the unit prices submitted by Dominion Paving Company, United Contracting, and Warden Construction Ltd., for parking lotst snow plowing for the winter of 1985-86, be accepted at the low tendered amounts on the attached S,,mmary of Tenders; AND the Seal of the Corporation be hereto attached. Carried Unanimously. No. 81 - CUMMINGS -HINSPERGER - RESOLVED that ~HEREAS the 1985 Capital Expenditure Quota for the City of Niagara Falls established by the Ontario Municipal Board includes net expenditures iu the total amount of $695,000.00 for the followinS works: - Parking Ramps - Tourist Area $ 150,000,00 - Westlane and Westwood Flood Relief Works 250,000.00 - Watermains on River Road and O~Neil Street 295,000.00 Total $ 695,000.00 AND ~IEREAS it is deemed expedient to defer the construction of the above works to a subsequent year or years and, in lieu thereof, to proceed with the under- takinS of the followin8 work shown in the Capital Budget forecast for 1986 at an expenditure of $380,000.00 but now estimated at $325,000.00~ - Watermain on Montrose Road from Thorold Stone Road to Scholfield Road; .7 -7- NOW THEREFORE BE IT RESOLVED: 1) That the construction of the parking ramps in the tourist area, the Westlane and Westwood Flood Relief Works and the watermains on River Road and O'Neil Street for a total estimated cost of $695,000.00, be deleted from the 1985 capital works programme; 2) That the Ontario Municipal Board and the Regional Municipality of Niagara be requested to approve the re-allocation of $325,000.00 of the unused 1985 Capital Expenditure Quota to the proposed construction of a watermain on Montrose Road from Thorold Stone Road to Scholfield Road at an estimated cost of $325,000.00; ; AND the Seal of the Corporation be hereto affixed. qarr~ed Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 85-216 - A by-law to authorize the reconstruction of O'Neil Street and part of Fourth Avenue from Bridge Street to the North limit of Fourth Avenue. No. 85-217 - A by-law to authorize the rehabilitation of the roads on parts of Dixon Street, Simcoe Street, Third Avenue, Second Avenue, Fifth Avenue, and Huggins Street. No. 85-218 - A by-law to authorize the construction of certain works as local improvements under section 12 of the Local Improvement Act. No. 85-219 - A by-law to authorize an agreement for storm and sanitary sewer installation on Dell Avenue, Margaret Street and Heximer Avenue. No. 85-220 - A by-law to authorize the construction of storm sewermains as improvements and extensions to the sewage system in the Urban Service Areas of the City. No. 85-221 - A by-law to authorize the reconstruction and rehabilitation of com- bined sanitary and storm sewermains as improvements to the sewage system in the Urban Service Areas of the City. No. 85-222 - A by-law to authorize the installation of a watermain on Montrose Road as an improvement and extension to the water supply system in the Urban Service Areas of the City. No. 85-223 - A by-law to authorize an agreement with Delmar Contracting Limited for underground services on Clifton Hill, from Victoria Avenue to Falls Avenue. No. 85-224 - A by-law to designate certain land not to be subject to part lot control. (Lot 27, RP M-78). No. 85-225 ' A by-law to provlde monies for general purposes. The motion Carried with Aldermen Cummings and Hinsperger abstaining from the vote on By-law No. 85-225, on conflicts of interest previously recorded in Report No. 514; and all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the following by-laws be now read a second time: No. 85-216 - A by-law to authorize the reconstruction of Of Neil Street and part of Fourth Avenue from Bridge Street to the North limit of Fourth Avenue. No. 85'217 - A by-law to authorize the rehabilitation of the roads on parts of Dixon Street, Slmcoe Street, Third Avenue, Second Avenue, Fifth Avenue, and Huggins Street, 8 No. 85-218 - A by-law to authorize the construction of certain works as local improvements under section 12 of the Local Improvement Act. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the following by-laws be now read a second and third time: No. 85-219 - A by-law to authorize an agreement for storm and sanitary sewer installation on Dell Avenue, Margaret Street and Heximer Avenue. No. 85-220 - A by-law to authorize the construction of storm sewermains as improvements and extensions to the sewage system in the Urban Service Areas of the City. No. 85-221 - A by-law to authorize the reconstruction and rehabilitation of combined sanitary and storm sewermains as improvements to the sewage system in the Urban Service Areas of the City. No~85-222 - A by-law to authorize the installation of a watermain on Montrose Road as an improvement and extension to the water supply system in the Urban Service Areas of the City. No. 85-223 - A by-law to authorize an agreement with Delmar Contracting Limited for underground services on Clifton Hill, from Victoria Avenue to Falls Avenue. No. 85-224 - A by-law to designate certain land not to be subject to part lot control. No. 85-225 - A by-law to provide monies for general purposes. 4) -9- Flea Market/Drummond Road - Alderman Janvary discussed the urgent need for additional parking space at the new Flea Market on Drummond Road. She further discussed the need for a clean-up of the litter, by the owners of the Flea Market, on the day of the event, rather than the day after the Flea Market takes place, and requested that Staff take action on this matter. It was moved by Alderman Chessman, seconded by Alderman Merrett~ that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, ~RENNAN, CITY CLERKJ '~~TON The motion Carried with Aldermen Cummings, and Htnsperger abstaining from the vote on By-awFo. 85-225, on conflicts of interest previously recorded; and all others voting in fayour. NEW'BUSINESS FLOODING/CHIPPAWA Alderman Hinsperger discussed flooding in Chippawa as a result of recent heavy rainfall; the checking of holdtn8 tanks; as well as overflows at th~ end of Greenwood Street to the Welland River, and the "Little Mississippi" being systematically checked. The Maintenance & Operations Engineer explained the alarm system in the Regional Pumping Stations, the City's response to the alarms, and legislation under the Ministry of the Environment regarding diluted sewage h~ing released from overflows to the water courses. He discussed the need for reviewing, with the Ministry, the criteria for action; the possibility of lowering the water level in connection with the alarms; and the earlier pumping of diluted sewage into the water courses. The Chief Administrative Officer referred to the need for further consideration of the matter at the Municipal Works Committee, and the priority of installing a storm sewer system on Stanley Avenue. ITEMS 'OF CONCERN 1) Floodin~ - Sodom Road - Alderman Somerville discussed recent complaints he had received regardin~ flooding on Sodom Road, and explained that the road had been cut to have tile installed by the Region, but improvements-had been delayed because of the need for fundin~ elsewhere in the .Region. 2) 1) Cleaningof'Ditches - Willou~hb~/Crowland Townships - Alderman Somerville referred to the need for the cleanin~ of ditches which had been requested some time ago. He stated that this action was urgently required, Foreign Matter/City Dump - Alderman Somerville discussed complaints he had received concerning the dumping of foreign matter in the City Dump, and requested a report with respect to charges being laid under the by-law which prohibits this action. THIRTY~SIXTH MEETING REGULAR 'MEETING Council Chambers November 18, 1985 Council met on Monday, November 18th, 1985 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Alderman Kerrfo. His Worship Mayor Smeaton presided as Chairman. Alderman Chessman offered the Opening Prayer. ADOPTION 'OF ~MINUTES ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the minutes of the meeting held November 4th, 1985, be adopted as printed. Carried Unanimously! ACHIEVEMENT AWARDS His Worship Mayor Smeaton gave a brief historical and current overview of Archery as a sport, and presented Mr. Randy Sheldon with an Achievement Award on behalf of the City. Mayor Smeaton expressed congratulations for Mr. Sheldon's Canadian Field Archery, "A' Class, Free Style Championship, as well as placing third in the North American Archery Championships. COMMUNICATIONS No. 335 - M~;'AlbertJ; Seg~ln - Re: 35' strip of land south of 6922 Allanthus Avenue. The communication expresses concerns regarding damage caused by motor- cycles, snowmobiles, bicycles and pedestrians, and requests permission to purchase the land, or have signs or fencing erected. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the communication be received and referred to Staff for the preparation of a report. Ca~ried-u~ntmou~ly; No. 336 - Lynda Hendry;'Block'Pareat'Pfiblidity-Chatrman - Re: Block Parent Signs. The communication requests approval for theerection of 4 Block Parent signs at the entrances to the City, with full or partial sponsorship by the City. The Chief Administrative Officer suggested that the City assume the cost. ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville, that Council approve the concept with the understanding that the location and erection of the signs be carried out in cooperation with City Staff, and that costs be assumed by the City. Carried Unanimously~ No. 337 - Regional Niagara Office of the Clerk - Re: Pedestrian Crossing - Niagara Road 49 (McLeod Road) near Niagara Road 104 (Dorchester Road). The communication advises that additional traffic signals are not Justified at this time, and that pedestrians should be encouraged to use pedestrian signals at the intersection. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the matter be tabled for one week in order that the data regarding the Regional Municipality of Niagara's traffic count might be made available. Carried Unanimously. No. 338 - Niagara Rec~elin~ - Re: Fall Advertising Campaign. The communication provides a progress report on recycling in the City of Niagara Falls subsequent to the Fall advertising campaign, and expresses appreciation to Council and City Staff. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the communication be received and filed, and a letter of appreciation be forwarded to Niagara Recycling. CarriedUnanimously.~. No. 339 - Town of Vaughan - Re: Federal Railways Act. The communication advises of'~n anticipated application by the CNR to the CRTC to construct an intermodal railway marshalling yard in the immediate area and the Town of Vaughan is opposing the development; and requests that Council support a resolution asking for a review of the Federal Railways Act in order to involve Municipalities when railway development is proposed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Merrett, that the communication be received and filed, and further, that a suggestion be forwarded to the Town of Vaughan that the Association of Municipalities of Ontario be advised of action taken. Carried'Unanimously, 2 No. 340 - Ontario Human Rights 'Commission - Re: "International Human Rights Day". The communication asks Council to proclaim December 10th, 1985, as "International Human Rights Day". ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that the communication be received and the request approved subject to existing policy. Carried Unanimously. No. 341 - Canada Safety Council - Re: "National Safe Driving Week". The communication requests that Council proclaim the week of December let to 7th, 1985, "National Safe Driving Week". ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the communication be received and the request approved subject to existing policy, and further, that the City Clerk follow-up the City's participation in the competition. Carried Unanimously. REPORTS No. 518 - Hazardous Waste Steering Committee - Re: Blueprint for Action: A Working Conference on Hazardous Waste Problems. The report attaches information regarding the aforementioned Conference artended by Planner II on October 20th to 22rid, 1985; and recommends that Council receive the report for information. During the discussion suggestions were made that a liaison be maintained with Niagara Falls, New York, for an exchange of information; and that Mayor Smeaton schedule a previously recommended meeting with the Mayors of Municipalities along both sides of the Niagara River for a discussion to alleviate pollution problems. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. No. 519 - Chief Administrative Officer - Re: AM-6/85, Pilgrim Motor Inn, Proposed Exchange of Property - Ellen Avenue. The report recommends that the owners of the Pilgrim Motor Inn and the City exchange parcels of land being parts of Lot 136, Plan 1002, located on the northerly side of Ellen Avenue between Centre and Walnut Streets; AND that Council authorize the surveying of the lands, with the Pilgrim Inn paying the survey costs and legal costs for preparation of the deeds. The Chief Administrative Officer advised that an amendment should be made to the recommendations providing that if the one adjacent owner does not want the 5' strip of land, the Pilgrim Motor Inn my acquire the whole 10' of land. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the amended report be received and adopted. Carried Unanimously. No. 520 - Chief Administrative Officer - Re: Am-ll/84, River Realty Development (1976) Inc. - Proposed Westway Estates Plan of Subdivision. The report recommends that this report be received and filed for the information of Council and that the by-law appearing on this evening's agenda to amend Zoning By-law No. 79-200, as amended, be passed. ORDERED on the motion of Alderman Orr, seconded by Alderman Somerville, that the report be received and adopted. Carried Unanimously. See B~-law No. 85-226. No. 521 - Chief Administrative Officer - Re: Wall Encroachment - Glenview Avenue. The report advises that Mr. DICosimo, owner of the above named property, has removed the wall which encroached on the road allowance and replaced it with a wall located entirely on private property; end recommends that the report be received and filed for information. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 522 - Chief Administrative Officer - Re= The Buildings & Inspections Department Report for October 1~85~ The report provides information respecting Permits Issued, and Highlights for September and October 1985. ORDERED on the motion of Alderman Cummings, secoded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 523 - Chief Administrative Officer - Re| Topsoil Preservation. The 'report recommends that the Regional Mumieipality of Niagara be requested to 'assume responsibility for the regulation of topsoil removal in rural areas, and that they amend their Of[icial Plan accordingsly. -3- Following a discussion which included a legal opinion with respect to the position of the Region, it was moved by Alderman Cummings, seconded by Alderman Janvary that the City of Niagara Falls prepare a by-law for topsoil preservation and the Region be encouraged to adopt a nniform policy for topsoil preservation, and to amend the Regional Official Plan accordingly. It was further recommeoded that the Cityts by-law be published in the local newspaper for publicity purposes, and a copy of thls report be forwarded to Miss Jean Grasdoni. TIle motion ~arried with the following vote: AYE: NAYE: Aldermen Baker, Chessman, Coyills, Cu~nings, Hinsperger, Janvary, Keighan, Merrett, Puttick, and Somerville. Aldermen Orr. No. 524 - Chief Administrative Officer - Re: Illegal Dumping of Wastes at Sanitary Landfill Site. The report recommends that tile matter of control of dumping of wastes at our Landfill Site be referred to the new Municipal Works Committee for discussion and resolution early in 1986. ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville, that the report be received and adopted. Carried~Unani. m. ously. No. 525 - Chief Administrative Officer - Rainstorm Event - November 2sd to 6th, 1985. The re~ort provides information respecting actions taken duriug and subsequent to the aforementioned rainstorm; and recommends that tbls advisory report be received and filed. A brief discussion followed regarding causes and alternatives which might resolve the flooding problems. ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that the report be received and filed, and further, that the matter be referred to the Municipal Works Committee meeting scheduled for December 9th, 1985. It was further recommended that the Director of Municipal Works prepare an updated report for the Committee meeting, to include suggested alternatives to resolve the problem, as well as information with respect to a meeting to be held with concerned residents of Chippawa. Carried Unanimgup.ly. No. 526 - Chief Administrative Officer - Re: Backyard Dralnage Problem at Rear of 7246, 7256, and 7266 Freeman Street. The report recommends the following: 1) That two additional rear yard catchbasins be installed at locations shown on the attached plan; 2) That a meeting be arranged with all the parties involved for the purpose of apportioning the costs. Mr. P. Price, 7246 Freeman Street, and Mr. S. Kaufmann, 7266 Freeman Street, were in attendance, and indicated that they were not in favour of cost sharing in the matter of rear yard catchbasins. Mayor Smeaton advised that he would like to be a participant at the proposed meeting. ORDERED on the motion of Alderman Cummigs, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. No. 527 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the account~ totalling $2,047,549.88 for the two week period ending Monday, November 18, 1985, be approved by tile passing of the by-law appearing later on the agenda. Alderman Cummings declared a conflict of interest on Cheque No. 12500 because a member of his family is involved in the program. Alderman Hinsperger declared a conflict of interest on Cheques No. 12233 and 12441 because he is employed with the company. Alderman Somerville declared a conflict of interest on Cheques No. 12465 because a relative is involved. Additional information was provided on Cheques No. 12269, 12249, 12327, 12332, 12335, 12458, and 12502. ORDERED on the motion of Alderman Somerville, seconded by Alderman Baker, that the report be received and adopted. The motion Carried with Aldermen Cummings, Htneperger, and Somerville abstaining from the vote on Chequee No. 12500, 12233, 12441, and 12465 consecutfvely, on conflicts of interest previously recorded; and all others voting in fayour. -4- No. 528 - Chief Administrative Officer - Re: Municipal Law Enforcement Officers. The report recommends that Council enact the by-law on tonight's agenda to amend By-law No. 83-149 to revise the names of the Municipal Law Enforcement Officers. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimousl.,v. See By-law No. 85-227. No. 529 - Chief Administrative Officer - Re: ~A~-12/84, Sunoco Inc., Northeast Corner Dorchester and McLeod Roads. The report recommends that proposed By-law No. 85-206, to amend the zoning by-law, be given a third reading and passed at tontght's meeting of Council. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried-Unanfmously~ See By-law No~ 85-206. No. 530 - Chief Administrative Officer - Re: Concerns re 5597 Dorchester Road. The report provides information regarding the concerns outlined by Mr. Bernard Mueller, 5613 Dorchester Road, and an update report on action taken; and recommends that the information contained therein be noted and the report received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 531 - Chief Administrative Officer - Re: Bentley Building, 4755 First Avenue. The report contains an updated report regarding the above named property and recommends that the information contained therein be noted and the report received and filed. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Janvary, that the report be received and adopted, and further, that a copy of the report be forwarded to Mrs. Madeline Pietrolusti, 4741 First Avenue. Carried Unanimously. No. 532 - Chief Administrative'Officer - Re: Discharge of OHRP Rental Loan Lien 294791. The report recommen4s that the lien registered on title regarding the OHRF rental loan for Mr. J. McLaren, 3865 Main Street, Niagara Falls, Ontario be discharged. A discussion followed including explanations from Staff concerning OHRP loans. ORDERED on the motion of Alderman Coyills, seconded by Alderman Baker~ that the report be received and adopted. Carried Unanimously. BY LAWS ORDERED on the motion of Alderman C,mmings, seconded by Alderman Hinsperger, that the following by-law be now read a third time: No. 85-206 - A by-law to amend By-law 79-200, as amended. (Pt. Lots 51, 52, & 53, and Lot 54, RP 101). CarriedUnanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 85-226 - A by-law to amend By-law No. 79-200, as amended.(Westway Subdivision)· No. 85-227 - A by-law to amend By-law No. 83-149, being a by-law to appoint municipal law enforcement officers· No. 85-228 - A by-law to amend By-iaw No. 6340, providing for the erection of Yield Right-of-Way signs at certain intersections in. the -. Municipality. (0rlando Dr. & Keith St,). No. 85-229 - A by-law to provide monies for general purposes. The motion Carried with Aldermen C..r~ings, Hinsperger, and Somerville abstaining from the vote on BFlaw No. 85-229, on conflicts of interest previously recorded in Report No. 527| and all others voting in layout. - 5 - ORDERED on the motion of Alderman Cummings, seconded by Alderman ltinsperger, that the following by-laws be now read a second and third time: No. 85-226 - A by-law to amend By-law No. 79-200, as amended. No. 85-227 - A by-law to amend By-law No. 83-149, being a by-law to appoint municipal law enforcement officers. No. 85-228 - A by-law to amend By-law No. 6340, providing for the erection of Yield Right-of-Way signs at certain intersections in the Municipality. No. 85-229 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cummings, Hinsperger, and Somerville abstaining from the vote on B"~y-law No. 85-229, on conflicts of interest previously recorded; and all others voting in favour. NEW BUSINESS TE~ORARY ROAD CLOSURE - STANLEY AVENUE Alderman Cummings referred to the handout communication received from the Regional Niagara Public Works Department, advising that Niagara Road 102 (Stanley Avenue) between Whirlpool Road and Church's Lane, would be temporarily closed to through traffic from Monday, November 18, 1985 until Monday, December 2, 1985. He suggested that the notice be published in the local newspaper for 'public-awareness. CITY HALL CHRISTMAS TREE Alderman Cummings advised that a call had been received from a resident with the offer of a spruce tree, which is too large for the owner's lawn, to be donated to the City for the display Christmas Tree in front of City Hall. He asked that the Chief Administrative Officer direct a member of the Parks Depart- ment to check into the matter. FLEA MARKET Alderman Orr initiated a discussion regarding concerns with respect to the recently opened Flea Market on Drummond Road, i.e., limiting the number of people who visit the market at one time, and the selling of fresh meat. A lengthy discussion followed regarding the operation of the Flea Market, which the Chief Administrative Officer advised was permitted under the Retail Business Holidays Act, 1980. The Act allows for certain types of businesses to open on Sundays, under certain restrictions, and is administered by the Solicitor General, not the Municipality. He discussed the tax revenue antici- pated from the Flea Market; the regulations under the Act; the necessity of licence applications being approved by the Fire Department and Health Unit, as well as inspections by both organizations; arrangements made for litter pick-up on Mondays; and the owner's intention to provide parking in the field behind the Market faciiity. 'The Chief Administrative Officer advised that contact had been made with the Fire Department, and Health Unit, and further, that the owner had adhered to suggestions for improvements at the facility. The Chief Administra- tive Officer was requested to monitor the facility for fire safety. COM~RCIAL PROPERTIES - HEAT TURN-ON Alderman Puttick discussed the date for turning on the heating in commercial buildings, and his understanding that there is no policy for this action, which is a responsibility of the Province. The Solicitor advised that the Municipality may only pass s by-law respecting heating for residential units, and suggested that two alternatives were, general Provincial legislation, or by means of a private bill. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman, that the Solicitor investigate the matter, and submit a report with respect to heating in commercial units. Carried Unanimousl~. -6- ITEMS OF CONCERN 1) Niagara Falls Economic Development Agency - Alderman Puttick suggested that the minutes of the Executive meetings should be made available to members of Council. Mayor Smeaton agreed to arrange a meeting with the Economic Development Agency, the Niagara Regional Development Corporation, City Council, and City Staff, as early as possible after the Inaugural Meeting of Council, in order that matters of concern might be discussed. 2) Grants to Organizations - Alderman Puttick suggested that a grant review committee be formed to discuss policy concerning grants. During the dis- cussion it was noted that the Finance Committee was designed for this purpose. Mayor Smeaton stated that individual departments are responsible for required guidelines, and that problem areas should be discussed with the appropriate Staff at an early date. The Chief Administrative Officer advised that an orientation meeting was being scheduled immediately, and priority items would be established at that time. It was moved by Alderman Herrerr, seconded by Alderman Keighan, that the meeting ad3ourn. S .. SMEATON THIRTY-SEVENTH MEETING Cormnittee Room #1 November 25, 1985 Council met on Monday, November 25th, 1985 at 7:00 p.m. in Committee of the Whole. All members of Council were present with the exception of Aldermen Keighan, and Kerrio. Alderman Baker presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. ..READ AND AD~PTED ....  REGULAR MEETING Council Chambers November 25, 1985 Council met on Monday, November 25th, 1985 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Aldermen Keighan, and Kerrio. His Worship Mayor Smeaton preslded as Chairman. Alderman Cummings offered the Opening Prayer. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Ninsperger, that the Special Opening Prayer be included in the Minutes. Carried Unanimously. "Our Dear Heavenly Father: As we begin the final meeting of the current term of Council, we pause in our deliberations to offer our heartfelt gratitude for the opportunity granted to each one of us to serve others. Grant unto all of us the ability to recognize the accomplishments of both ourselves and others with whom we serve in public life, the wisdom to set aside the differences raised in political debates, and comfort in the friendships gained. Dear God, we thank you for the lives and dedication of those Members of Council who will not be with us during the next term of office. Grant to them many years of good health, happiness, and the satisfaction of seeing the fruits of their labour in the growth and prosperity of the City they served so well. ADOPTION OF MINUTES ORDERED on the motion of Alderman Orr, seconded by Alderman Hfnsperger, the minutes of the meeting held November 18th, 1985, be adopted as printed. Carried Unanimously. COMMUNICATIONS that No. 342 - Minister of the Environment - Re: Spills Bill. The communication discusses the communication from Andrew Brandt, M.P.P., regarding the afore- mentioned, and states that the information contained therein was "misleading". ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the communication be received and filed. Carried Unanimously. No. 343 - Minister of Municipal Affairs - Re: Community Planning Grant Program. The communication a~vfses that the Community Planning Grant Program, which provides funds for Municipal initiatives in land use planning, is now being extended to all Municipalities in the province. ORDERED on the motion of Alderman C,,mmtnge, seconded by Alderman Hinsperger, that the communication be received and referred to Staff for consideration. Carrled Unanimously. mmmsmm No. 344 - Victoria Avenue Business Association - Re: Festival of Lights. The communication requests financial assistance in connection with the 1985-86 Festival of Lights program. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the communication be received and referred to the Finance Committee, and further, that the Association be invited to the Finance Committee meeting when the request is to be considered. Carried'Unanimously. No. 345 - RegionalNiagara Plannin~ & Development Department - Re: Appointments to Regional Niagara Land Division Committee for 1986 to 1988. The communication attaches report DPD 1917 containing background information, and requests Council to nominat~.,o~e.person for appointment, or re-appointment, to the aforementioned CommiL~tee pri~ to January 3, 1986. ORDERED on the motion of Alderman Coville, seconded by Alderman Cummings, that the matter be tabled, and the City Clerk be directed to advertise for applicants for the position. Carried Unanimously; No. 346 - Cyanamid Canada Inc. - Re: Industrial Accident Prevention Association "Safety Month". The communication discusses the Annual Kick-off Campaign in January, under the sponsorship of the Industrial Accident Prevention Associa- tion, and requests Council to proclaim the month of January 1986 as "Safety Month", and approve a flag raising ceremony with local members present. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the communication be received and the requests approved subject to established policy. CarriedUnanimously~ No. 347 - Regional Niagara Public WorksDeeartment - Re: Water/Sewage Flows by Municipality, Monthly Report for October. The communication attaches Report DEP-2254 mentioned above, for the information of Council. ORDERED on the motion of Alderman Merrett, seconded by Alderman Covtlle, that the communication be received and filed. Carried Unanimously. REPORTS No. 533 - Hazardous Waste'Research'Team - Re: Information Report on The Spills Bill. The report recommends the following: 1) That Council receive and file the attached Staff report for informational purposes; 2) That Staff be directed to continue to monitor developments regarding the Spills' legislation, and to have regard for the precautions, and suggested actions listed on pages 11 and 12 of the attached report. During the discussion it was pointed out that this report had been first considered by the Hazardous Waste Steering Committee. ~ ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted· The motion Carrie~ with the following vote: AYE: Aldermen Baker, Cheesman, Coville, C,mmings, Janvary, Hinsperger~ Merrett, Orr, and Somerville. NAYE: Alderman Puttick. No. 534 - Chief Administrative Officer - Re: Property Standards By-law 74-204, Mrs. F. Rysdale, 4620 Lee Avenue· The report recommends under clause (a) of sub-section 7.10.4 of By-law No. 74-204, that the Corporation retain a disposal service to forthwith complete the work ~hich Mrs. Rysdale was directed to carry out under the order given January 9th, 1985, and that pursuant to sub-section 7.10.5 of said By-law No. 74-204, any expense incurred by the Corporation, .its servants or agents in carrying out the work aforesaid be recovered in a like manner as Municipal taxes· In response to questions raised, the Chief Administrative Officer advised that Mrs. Rysdale was aware that the item was on the agenda for this meeting. ORDERED on the motion of Alderman C,mw~tngs, seconded by Alderman Hinsperger, that the report he received and adopted. Carried 'Unanimously; - 3 - NO. 535 - Chief Administrative Officer - Re: Hydraulic Impact Hammer. The report recommends that an Atlas Copco Model TEX 301HM hydraulic impact hammer be purchased from Battlefield Equipment Limited at an installed cost of $14,300.30 plus applicable taxes. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried U~nimously. No. 536 - Chief Administrative Officer - Re: Ballast Transfer & Storage. The report recommends that one Hy-Grade concrete building be purchased at a delivered price of $5,075.00. In response to questions raised, the Maintenance & Operations Engineer described the proposed building. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 537 - Chief Administrative Officer - Re: Provincial Emergency Assistance Funding Grant. The report recommends that Council approve the attached applica- tion for Emergency Assistance Program funds for the Niagara Falls Co-Ordinated Emergency Service (C.O.E.S.). It is further recommended that a copy of the sub- mission to the Ministry of Community & Social Services be forwarded to the Honourable Vince Kerrio, M.P.P., the Regional Municipality of Niagara, and the C.O.E.S. Committee of the Social Planning Council. Alderman Cheesman declared a conflict of interest because a member of his family is involved in the C.O.E.S. program. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with Alderman Cheesman abstaining from the vote on a conflict of interes't previously recorded, and all others voting in favour. No. 538 - Chief Administrative Officer - Re: Acquisition of Unopened Portion of Hamilton Street. The report recommends that the unopened section of Hamilton Street shown hatched on the attached sketch be conveyed to Farr Lumber, subject to the following conditions: 1) That Easements be retained by the City to accommodate several combined sewers presently located on the portion of the road allowance to be closed and conveyed; a) 3) 4) That Farr Lumber grant to the City an easement over Lots 23 and 24 to accommodate an existing i0-inch combined sanitary sewer; That the survey costs involved in preparing the necessary easement and road closing be apportioned between Farr Lumber and the Municipality; That Farr Lumber assume the legal costs involved in the closing of the unopened section of Hamilton Street. Mr. Larry Farr indicated his presence at the meeting, and advised that he was in agreement with the recommendations. The Chief Administrative Officer explained the intent of the proposed survey, and cost-sharing. He stated that costs in connection with the road allowance were not included. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the report be received and adopted~ Carried Unanimousl~., No. 539 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $5,330,613.97 for the one week period ending Monday, November 25th, 1985, be approved by the passing of the by-law appearing later on the ageads. Alderman C,~m~ng8 declared a conflict of interest on Cheque No. 13053 because a member of his family is involved in the program; and Cheque No. 10115 because he is a member of an organization involved. Alderman Hinsperger declared a conflict of interest on Cheque No. 13002 because he is employed by the company. -4- Additional information was provided on Cheques No. 12585, 13027, and 13043. ORDERED on the motion of Alderman Somerville, seconded by Alderman Coville, that the report be received and adopted. The motion Carried with Aldermen Cummings, and Hinsperger abstaining from the vote on Cheques No.'13053, 10115, and 13002 consecutively, on conflicts of interest previously recorded; and all others voting in favour. No. 540 - Chief Administrative Officer - Re: Proposed Schedule of Meetings - December '85. The report recommends that Council meetings not be held during the weeks of Christmas and New Year's. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. CarriedUnanimously. No. 541 - City Clerk & Returning Officer - Re: Preparation of Voters' List for Municipal Election. The report provides information regarding the preparation of the Voters' List, the cost savings of $3,700 as a result of using the City's printing facilities, and recommends that the contents of this report be noted, and that it be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted, and that Staff be complimented on their effort. Carried Unanimously. No. 542 - Chief Administrative 'Officer - Re: Bill Prl0, 1985, An Act Respecting the City of Niagara Falls - Leg-hold Traps. The report recommends that the by-law appearing on tonight's agenda to prohibit the use of leg-hold traps, and other similar devices within the urban area boundaries of the City, be passed. In response to questions raised, the City Solicitor advised Alderman Coyills that the by-law did not relate to her Ward. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and adopted, and further, that a copy of the report be forwarded to the Niagara Frontier Humane Society. Carried Unanimously; See By-law No. 85-230. Verbal Report - Chief Administrative 'Officer - Re: Orientation Session. The Chief Administrative Officer advised that an Orientation Session for Members of Council has been scheduled for Saturday, December 7th, 1985, from 10:00 a.m. to 1:00 p.m. in City Hall. BY-LAWS ORDERED on the motion of Alderman C,mmings, seconded by Alderman Chessman, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: t No. 85-230 - A by-law to prohibit the using, setting and maintaining of leg-hold traps, killer traps and snares within the urban area boundaries of the City of Niagara Falls. NO. 85-231 - A by-law to provide monies for general purposes. The motion Carried vlth Aldermen C,mmings, and Hinsperger abstaining from the vote on By-~85-231 as previously recorded in Report No. 539; and all others voting in favour. ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker, that the following by-laws be now read a second and third time: No. 85-230 - A by-law to prohibit the using, setting and maintaining of lea-hold traps, killer traps and snares within the urban area boundaries of the City of Niagara Falls· No. 85-231 - A by-law to provide monies for general purposes. The motion Carried with Aldermen C,,mmtngs, and Hinsperger abstaining from the vote on By-law No. 85-231 as previously recorded; and all others votihS in -5- NEW BUSINESS COb~4ENTS OF MAYOR SMEATON His Worship Mayor Smeaton expressed his appreciation to Members of Council for the assistance he has received during the past 22 months. He indicated his regret that Alderman Keighan was unable to attend this meeting, and referred to Alderman Keighan's many years of service in the Municipality. Mayor Smeaton extended best wishes to Alderman Somerville, and referred to his personal friendship with Alderman Somerville. His Worship Mayor Smeaton discussed Alderman Kerrio's valued service as Chairman of the Public Works Committee. He advised Alderman Merrett that he would be welcome at future meetings of City Council, as a Regional representative. His Worship Mayor Smeaton extended a welcome to the Aldermen-Elect in attendance this evening. PROPERTY ASSESSMENT Alderman Chessman referred to a letter he bad recently received regarding a property assessment, as well as the tax base. He advised that a copy had been forwarded to the Accounts Supervisor. ORDERED on the motion of Alderman Chessman, seconded by Alderman Puttick, that the matter be referred to Staff for investigation and comments. Carried Unanimously. OAKES PARK FENCE Alderman Cummings raised questions concerning the completion schedule of the fence at Sakes Park. The Maintenance & Operations Engineer advised that a contract had been awarded, and further, that the fence should be constructed in the next two weeks. PARKING TICKETS IN U.S. Alderman Cummings advised that he had received calls from citizens expressing concern regarding a problem with parking tickets being issued in the United States, and the concern that cars would be impounded at the border for non-payment of the tickets. He asked that the matter be dicsussed through Mayor Smeaton's office with Mayor 0'Laughlin, Niagara Falls, New York. His Worship Mayor Smeaton advised that a meeting had been arranged for 10:00 a.m. tomorrow, November 26th, 1985, at which time this matter, and other concerns, would ~e discussed with Mayor O'Laughlin. NIAGARA RIVERaPOLLUTION Following a brief discussion, it was moved by Alderman Cummings, seconded by Alderman Puttick, that a meeting be scheduled with the Mayors of Municipalities along beth sides of the border, to discuss problems of pollution, and attempt to achieve a solution through a unified appeai to State, Provincial, and Federal Governments. Carried Unanimously. MARKET VALUE ASSESSMENT Alderman Puttick asked the Chief Administrative Officer if he could conflrm, through the Minister of Revenue, if Market Value Assessment would be initiated throughout the Province. It was noted that the City of Niagara Falls would continue to fall within the guidelines of Market Value Based Assessment, and would be re-assessed every 5 years. MRS. SHIRLEY CARR ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary, that Mayor'Smeaton forward a letter to Hrs. Shirley Carr, wishing 'her success in her bid L r the Presidency of the Canadian Labour Congress. Carried Unanimously. .... .{' -6- REGIONAL COUNCILLOR E; SHERAR Hie Worship Mayor Smeaton expressed appreciation to Regional Councillor E. Shetar for his interest and cooperative efforts during his term of office, and on behalf of City Council, extended "best wishes" to him in his future eadeavours. Regional Councillor Sherar thanked Mayor Smeaton and Council for their cooperation in resolving mutual concerns, and referred to the importance of the presence of the Regional Councillors at Municipal Council meetings. CHIEF ADMINISTRATIVE OFFICER/APPRECIATION The Chief Administrative Officer expressed appreciation to Council, on behalf of City Staff, and advised that much had been accomplished through cooperative effort. It was moved by Alderman Merrett, seconded by Alderman Somerville, that the meeting adjourn to Committee of the Whole. Carried Unanimously. READ AND AJ)OPTED, ~ COMMITTEE OF 'THE WHOLE S. SMEATON Committee Room ~1 November 25, 1985 Council met on Monday, November 25th, 1985, at 8:15 p.m. in Committee of the Whole following a Regular Meeting. All members of Council ware present with the exception of Aldermen Keighan, Kerrio, and Somerville. Alderman Baker presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose without reporting. READAND/ADOPTED, .... S~~'L/I~ SMEATON Council Chambers November 25, 1985 Council reconvened in formal session on Monday, November 25th, 1985, following a meeting in Committee of the Whole. All members of Council ware present with the exception of Aldermen Keighan, Kerrio, and Somerville. His Worship Mayor Smeaton presided as Chairman. The meeting adjourned. READ AI~ADOPrED, S, SMEATON FIRST MEETING Council Chambers December 2, 1985 INAUGURAL MEETING The Inaugural Meeting of the 1986-87-88 Council was held on Monday, December 2nd, 1985, at 5:00 p.m. in the Council Chambers at City Hall. The Council included His Worship Mayor William S. Smeaton, Alderman Norman Baker, Alderman Wayne Campbell, Alderman Charles Chessman, Alderman Dona E. Coville, Alderman Patrick C,,mmings, Alderman Richard J. Harrington, Alderman W.A. Hinsperger, Alderman G. Mark Hopkins, Alderman Paisley Janvary, Alderman Judy Orr, Alderman Jim Pay, and Alderman Norman Puttick. All members of Council were present. The Statutory Declarations of Office and Qualifications were filed with the City Clerk when the Oaths of Office had been administered by His Honour Judge Donald Wallace. It was then Ordered on the motion of Alderman Cheesman, seconded By Alderman Cummings, that a vote of thanks be extended to His Honour Judge Wallace for administering the Oaths of Office to His Worship, Mayor Smeaton, and the members of City Council. Carried Unanimously. Reverend Paul Grassie offered the following Prayer of Invocation: "Almighty God, our Heavenly Father, we give You thanks on this day for the blessings of life we enjoy, for health and prosperity, for happiness, and the love of family and friends, for all the things in life we enjoy and take so much for granted. We also thank you, Father, for the trust which the people of Niagara Falls have placed in these men and women who, as City Council, will govern the affairs of this City. We ask for Your guidance and Your wisdom as they attempt to carry out their responsibilities in the days ahead. Forgive them when they make mistakes or govern badly, when they become lazy in their duties, or too committed to the wrong cause. Forgive them when they serve for personal gain or glory, when they close their minds and allow no new thoughts to be considered. Forgive them when self-interests slow the pace of their work, when they forget that they serve all people equally, in honesty and fairness. Give them time for thought. Grant them courage to act, and strength to make decisions. Help them to be able to discriminate between what is important and what is trivial. Give them patience when questions are hard, and answers unclear. Give them humour to be able to laugh at their mistakes, and not take themselves too seriously. Give them humility to admit when they are wrong and the courage to make that admission. Be with them in the coming days. Be with all of us because we all need the guidance and help that only You can give, and may the character of our living be the thanks and the praise we offer to You for Your blessings, Your guidance and Your presence in our lives. In Christ's Name we pray, Amen." Following the Invocation, it was Ordered on the motion of Alderman Baker, seconded by Alderman Janvary, that Reverend Paul Grassie, the Officiating Clergyman, be thanked for his presentation of the Prayer of Invocation and soliciting Divine Guidance for the 1986-87-88 Council. Carried Unanimousl~. His Worship, Mayor William S. Smeaton then delivered his Inaugural ~d,ress: His Honour, Judge Wallace, Reverend Sirs, Members of Council, Ladies and Gentlemen: I wish to give sincere thanks to those residents of our City who participated in the due process of democracy by casting their ballots as they saw fit in our recent Municipal election. My special thanks, of course, to those who supported me at the polls. It is an honour indeed to be Mayor of this Municipality. I do not take this public trust lightly. ~2- I would also like to thank all those in attendance this evening. This is a most important occasion for all residents of our Community, and one which I am sure the new Members of Council will particularly remember. That you have taken the time to share this happy occasion with us is very much appreciated. During my Inaugural Address of March 5, 1985, I chose the phrase "Team Work" as the central theme of my address and stated that a team approach at City Hall would be the main objective of my Administration. Upon reflection, I am convinced that the one single factor that has had a major impact in bringing harmony, purpose, and new enthusiasm to City Hall has been the team approach, and the spirit of co-operation shown by Members of Council and Municipal Staff. It is most encouraging to me personally that the Members of our previous Council recognized their role as part of a unit rather than individuals attempting to attain personal goals. My previous Administration, working together, accomplished a great deal. We won the fight against the location of any toxic waste facility in Niagara Falls; we pushed for tougher Federal Laws against street solicitation for the purpose of prostitution, and Bill C-49 will soon become law, giving Canadian law enforcement agencies the power to rid our streets of this blight; we developed a program of Downtown Revitalization, completing the new entranceway to Queen Street, utilizing the C.A.U.S.E. team to analyze our problems, and initiating C.A.I.P. projects which breathe new life into the key business districts within our Municipality; we developed closer ties between major industry and City Hall, and we initiated a Recognition Night for Niagara Falls Industrial and Commercial establishments; we encouraged a closer working relationship than had previously existed between the Tourism Industry, the Niagara Parks Commission, and City Hall; we developed new and complete emergency plans for City, and we elevated environmental planning to the priority that it deserves in protecting our and future generationst safety. I congratulate the Members of my previous Administration for their accomplishments. You will note my use of the word twet in this address rather than tit. The veteran politicians in this room will agree that very little is accomplished in life by ousts efforts alone; only working together succeeds in the long run. Four Members of our previous Council will not be returning this year. They will be missed. Robert Keighan has served this Municipality for sixteen years, serving the former Township of Stamford as Councillor and Deputy Reeve, and the City of Niagara Falls as Alderman and Regional Councillor, and as Mayor for the years 1965-66. During these years, he has, I believe, been a very fine example of what a Municipal politician should be; kind, knowledgeable, and dedicated to helping his fellow citizens. I have personally learned a great deal from watch- ing and listening to him these past years, and I thank him for hisigood counsel. Vincent Kerrio, Jr., has served as Chairman of the Municipal Works Committee for three years. Having a businessman with first-hand knowledge of the construction industry, particularly as it relates to Municipal Works, has been a big asset to my Administration, and to those who preceded it during the years of Mr. Kerriots service on Council. I thank him and wish him every success in his future endearours. Thomas Somerville, representing the Willoughby Ward of our Community, has quietly and very effectively served his constituents, and all the citizens of · our Community. He has made many f~nds, and his dedicated service will not soon be forgotten. Regional Councillor Brtan Herrerr has directed our Parking & Traffic ' Committee, and has been a constant strength to me personally during the past two years. He successfully achleved election to Regtomal Counctl~ and I am confi- dent that he w~11 become a hader in that political arena. I am delighted to imlcome the new Members of Council to our table. 'I have now had a chance to meet with Alderman Campbell, Alderman Harrtngton, Alderman Hopkins, and Alderman.Pay, and I am certain that this Municipality w11~ be very ~ell served by their efforts. -3- This Council will have many new goals to achieve and many new problems to face. The setting of priorities, I believe, will be the first major task that Council must address. Tax dollars can only be stretched so far. Certain areas of Municipal expenditure will have to take a lower priority than others. This Municipality has progressed very well in recent years in providing social and recreational benefits to our citizens. We possess fine park and recreational facilities. Now is the time to re-examine priorities in order to best determine where the tax dollar is to be spent. Our "level of Municipal service" is generally very high in comparison to many neighbouring communities, but I personally see some dark clouds on the horizon with the providing of essential services. The key word is 'essential' and we must ensure that the highest level of essential services be provided. If it means cutbacks in non-essential areas, then Council should consider doing so in order to serve all citizens who have the right to expect full and proper essential Municipal services. For example, this Administration must solve the flooding problems that exist in certain areas of our Comunity, both in residen- tial areas and in rural areas. We have already taken steps to ensure that this will happen. Council will receive detailed reports very soon as to proposed remedial action. There will be other Municipal works matters, of considerable concern, needing to be addressed, and I am pleased to announce that Alderman Hinsperger has agreed to take the reigns of our Municipal Works Committee for the coming term. With regards to Municipal financial matters, to provide the best possible City Government at the lowest possible cost will again be my priority as Head of Council. To do this, strong leadership will be necessary from all Members of Council, and I am pleased to say that Alderman Charles Chessman has agreed to continue as Chairman of the Finance Committee. The Municipal Parking and Traffic Committee has traditionally served our Municipality by co-ordinating vehicle traffic and parking matters throughout all our Municipality. This year they will have an expanded role. I feel that this Committee is the best Committee to address a long-standing major Municipal problem in Niagara Falls; the attaining of a unified signing policy. This will require close co-operation between the Region, the City, and The Niagara Parks Commission. Alderman Patrick Cummings has agreed to Chair this Committee. Although their assigned task will not be an easy one, I am sure they will be successful. The Civic Committee, under the Chairmanship of Alderman Paisley Janvary, has been a very important Standing Committee of Council, dealing with various matters involving Municipal pride, whether they be special events, dedications, or whatever business of the day needs special attention. This year, I am pleased to announce a new assignment for this Committee. Several inquiries have come to my office from around the world asking for close affiliations between our Municipality and other world Cities. The previous Council instructed me to pursue twinning matters and, I believe, this is a matter that the Civic Committee can address very carefully and properly. We are a world City, and we should share the magnificent Jewel, "The Falls", with all who are interested. Alderman Paisley Janvary has kindly agreed to continue to Chair this Committee for the coming term. In addition to these traditional Standing Committees of Council, two new ones have been added: the Environmental Steering Committee, and the Downtown Revltaltzation Committee. The Environmental Steering Committee has evolved from a Committee formed to stop the location of any toxic waste treatment facility in our Municipality. We formed the Committee in March, 1984, and I assigned Alderman Dona Coville to Chair it. As I have mentioned, we were successful in our fight against the Ontario Waste Management Corporation locating here, and a decision has been made to have this Committee stand as an Environmental Steering Committee addressing itself to all matters involving the environment as deemed necessary by Council. Alderman Dons Covtlle has agreed to continue as Chairman of this Committee. The Downtown Revitalization Committee was formed at my request early in 1984 to co-ordinate revitalization of our central core area. Under the guidance of Alderman Judy 0rr, this Committee has flourished and has accomplished a great deal. I am pleased that she has agreed to continue to Chair this important Committee. -4- I have mentioned the setting of priorities as being an important early task of the new Council. One of the most difficult things for any individual to do, whether at home or at work, whether to colleagues or children, is the task of saying no. Because of the pressure on Municipal taxpayers in the years ahead, elected officials are going to have to be very selective in their funding appor- tionment of tax dollars. We shall have to say no to many individuals and organizations who, although their requests are reasonable and for good causes, will simply not rate high enough on the priority list for us to give all that they request in terms of funding. Benjamin Franklin once said, "If a man could have half of his wishes, he would double his troubles". I believe this to be essentially true, and over the years collectively Municipal Councils have granted requests for monetary support, and in the granting of these wishes, have doubled the troubles of many of the organizations because a program of funding was initiated that is difficult to sustain. I am personally an optimists but I am also a realist, and we shall have to say no on occasions in order to protect this Municipal systems and ensure it is responsible and credible to the majority of Municipal taxpayers. On a happier note, may I say that our Municipality appears to be on the verge of a very rapid tourist comercial expansion. I will continue to serve as a community salesman, selling the many attributes of this City as a destination point for the travelling public. New manufacturing starts in our Community over the past two years have been slower than I had hoped for, and the Niagara Falls Economic Development Agency must continue to strive for new industrial development. Close and co-operative relationships with the Regional Development Corporation are a must. Working with Council, I shall attempt to ensure this co-operative spirit exists. My program of regularly scheduled meetings with existing area industries at City Hall will continue in order to ensure that existing industry may prosper. Good inter-governmental relationships are absolutely essential for any area Municipality todays and I am pleased to say that the lines of communication between our Citys the Regional Municipality of Niagara, the Provincial and the Federal Governments are open, and a fine co-operative spirit does exist. Our Federal M.P., Mr. Rob Nicholson, and our Provincial Member of the Legislature, Minister Vincent Kerrio, and I have worked as a team over the ~st two years, and I am certain shall continue to do so. We now have a new Regional Chairman, Wilbert Dick, and he will, of course, have my complete co-operation, as.will our Regional Councillors representing the City of Niagara Falls. .: Very brieflys some ms]or goals for this Administration are as follows: - Continued tourJam development programs; - New stepped up Industrial development programs; - Complete signing policy addressing vehicular signing requirements for our Municipality as they relate to local and visiting motorists alike; - In depth environmental planning so that future generations will have the benefit of our stewardship; - A review of exlstlng regulatory legislation. If changes are necessary, then Council should initiate the same. If existing legislation is to continue without change, it must be enforced. No legislation is written in stone, and a review of all exlsting regulatory by-laws~ I feel~ is an absolute necessity. -5- The trust that the electors have placed with us for the next three years is indeed a great responsibility. It is a sacred trust; one that requires the complete dedication of purpose. I am confident that each member of Council will be totally dedicated to the service of others and through this dedication realize personal satisfaction. Together with Council, I shall endeavour to maintain the high principles of this office, and work toward the provision of the best possible government for all the citizens of our City. With God's help, we shall succeed. It was Ordered by Alderman Hinsperger, seconded by Alderman Orr, that Mayor Smeaton's Inaugural address be included in the minutes of the meeting. Carried Unanimously. NEW BUSINESS NIAGARA FALLS HYDR0 COMMISSION APPOINTMENT His Worship Mayor Smeaton advised, with regret, that Mr. William (Soup) Campbell, Hydro Commissioner for the 1986, 1987, 1988 term had recently passed away, and that the position requires a replacement. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that Mr. F. John Prentice be appointed as a replacement to the position of Hydro Commissioner. Carried Unanimously. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Janvary, that a message of condolence be forwarded to the family of the late Mr. William Campbell. Carried Unanimously. It was then Ordered by Alderman Puttick, seconded by Alderman Coville, that the meeting adjourn. Carried Unanimously. :AM S. SMEATON I believe in one cardinal rule regarding decision making - have all pertinent facts available for scrutiny before a decision is made, I will ptrive to ensure that Council have all the facts on all issues before them, It is indeed a privilege to serve as Chief Magistrate of this Municipality, I intend to give a complete personal and full-time commitment to the duties.of the office of Mayor, and I intend to uphold the high principles that are necessary for any good government through the office of Mayor. SECOND MEETING PLANNING/REGULAR MEETING Council Chambers December 9, 1985. Council met on Monday, December 9th, 1985, at 7:30 p.m. for the purpose of considering Planning Matters and regular business. All members of Council were present with the exception of His Worship Mayor Smeaton. RESOLUTION No. 82 - CHEESMAN - HINSPERGER - RESOLVED that Alderman Paisley Janvary be appointed Acting Mayor in the absence of His Worship Mayor William Smeaton, from Sunday, December 8th, 1985, to Wednesday, December llth, 1985, inclusive; AND the Seal of the Corporation be hereto affixed. Alderman Pafsley Janvary presided as Chairman. the Opening Prayer. Carried Unanimously. Alderman Hinsperger offered ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the minutes of the meetings dated November 25th, and December 2nd, be adopted as printed. Carried Unanimously. REPORTS - PLANNING MATTERS No. 543 - (PD/131/85) - Chief Administrative Officer - Re: AM-t5/85 Proposed Official Plan and Zoning By-law Amendment; Applicant - A. Cserpes - Commercial Plaza, McLeod Road. The report recommends the following: 1) That Council support the proposed amendment to the Official Plan and Zoning By-law as detailed in Planning Department Reports PD/123/85 and PD/131/85; 2) That Staff be directed to prepare the appropriate Official Plan amendment and Zoning By-law amendment for enactment at a subsequent Council meeting; 3) That the Regional Municipality of Niagara and the applicant be advised accordingly. Acting Mayor Janvary explained the procedure under the Planning Act, and declared the Public Meeting open. The City Clerk advised that the proposed Official Plan and Zoning By-law amendments would facilitate the development of the site for a 2,790 square metre (30,000 sq. ft.) retail con~nercial plaza, and that the plaza is intended to aerve the commercial needs of the surrounding residential community, as well as respond to the needs of the travelling public. He further advised that the Notices of Public Meeting were mailed on November 8th, 1985; and the Notice appeared in the Niagara Falls Review on November 8th, 1985. In response to the request of Acting Mayor Janvary, Mr. Bob OtDell indicated his presence on behalf of the applicant. There was a show of hands of persons present for, and against, the proposal. Acting Mayor Janvary requested all persons wishing to receive further notice of the passage of the by-law to submit names and addresses to the Clerk prior to leaving the meeting. She advised that all persons wishing to address Council would be given the opportunity to do so. The Senior Planner explained the purpose of the Public Meeting, that the subject lands are designated Residential in the Niagara Fall8 Official Plan Amendment No. 28 (Niagara Fall8 Section), and in order to accommodate commercial development upon the lands the Official Plan must be amended, redesignating the lands from Residential to Commercial. He reviewed the subject property with the assistance of posted sketches. The Senior Planner discussed the market analysis resulting from the City of Niagara Falls Retail Market Demand & Facilities Distribution Study by Larry Smith, and adopted by Council in September 1982, in terms of increased demand for department store spaces by 1986, vacancy rates, and the recommendations contained in the Study. He referred to the size of the facility, the proposed fencing and berm, and the recommendation of the Planning Department that there is a need for the facility. There was a negative response to Acting Mayor Janvary's request for comments from persons present, other than the applicant, in support of the amendment. Iu response to a request for comments from those opposed to the application, Mr, P.D. Sullivan, Barrister, addressed Council on behalf of a concerned resident of the subject area. He discussed the proximity of the development to the residential neighbourhood, the similarity of the development to nearby Niagara Square, and other "strip plazas" in the area. The Director of Planning discussed compatability features of the development as well as Regional shopping at Niagara Square versus the proposed neighbourhood shopping facility. Mr. Bob O'Dell, Planning Consultant with Miller O'Dell& Paul, and agent for the applicant, stated that his clients concur with the recommendations in the report of the Planning Department with respect to limited overall space, limita- tion on the retail floor space, as well as controls under the Planning Act. Mr. O'Dell advised that Mr. and Mrs. Cserpes were in attendance to respond to any questions. He discussed the Larry Smith Study in connection with higher order uses associated with a Regional shopping centre and the proposed plaza intended for a residential neighbourhood population. Mr. O'Dell referred to the information received from the Regional Public Works Department which did not anticipate traffic problems related to the proposed development. Alderman Puttick declared a conflict of interest because he is employed in the immediate area. Following a further brief discussion with respect to buffering, a green area, harm, service road along the south side, and landscaping, Acting Mayor Janvary declared the Public Meeting closed. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Alderman Puttick abstaining from the vote on a conflict of interest previously recorded, and all others voting in favour. No. 544 - (PD/128/85) - Chief Administrative Officer - Re: AM-14/85 Official Plan Amendment No. 149 and Zoning By-law Amendment; Canada, Niagara Falls Ltd., south side Dawson Street, east of Dorchester. The report recommends the following: l) That Council support the proposed amendments to the Official Plan and Zoning By-law aa detailed in PD/125/85 in order to permit the subject lands to be utilized for single family subdivision purposes; 2) That Staff be directed to prepare the necessary Official Plan and Zoning By-law amendments for enactment at a subsequent Council meeting; 3) Further, that an interim control by-law, pursuant to Section 37 of the Planning Act, be enacted for the 6 acre remnant parcel of land ironring Dorchester Road. Acting Mayor Janvary explained the procedure under the Planning Act, and declared the Public Meeting open. The City Clerk advised that the proposal was to redesignate the ~ubJect ' lands according to the Official Plan from Industrial to Residential, and fezone the lands from PI (Prestige Industrial) to R1B (Residential Single Family) permitting a reduced front yard setback of 6m from 7.5m. He further explained that the amendments, once approved, will facilitate the circulation, review and eventual draft approval of a subdivision application which has been submitted to the Region, The Clerk stated that the Notices of the Public Meeting had been mailed to interested persons on November 8, 1985, and the Notice respecting the Official Plan amendment had been placed in the Niagara Falls Review on November 8the 1985. Aldermen Cummings declared a conflict of interest because he is employed by a company which is situated n~arby. Mr. Brian Sinclair, Solicitor, indicated his presence on behalf of the applicant. Acting Mayor Janvary requested a Show of hands from persons for, or against, the proposal, and received a positive response. She advising that all persons, wishing to receive further notice of the passage of the b -law, should submit their names and addresses to the Clerk prior to leaving t~e meeting. Acting Mayor Janvary advised that all persons wishing to speak would be given the opportunity to do so. -3- The Planning Director explained the proposal with the assistance of posted sketches of the subject lands. He advised that the proposed Official Plan and Zoning By-law Amendment would permit the subject lands to be developed for the purpose of a residential plan of subdivision. He discussed the Planning Overview and Summary, outlined in report PD/128/85, and referred to an anticipated acoustical study to be completed by the Ministry of the Environment. The Planning Director stated the the proposal is being recommended with the provision for the setback. Mr. Joe Cuviello indicated his attendance in support of the by-law. There was a negative response to Acting Mayor Janvary's request for a show of hands of those persons opposed to the by-law. Mr. Brian Sinclair addressed Council on behalf of the applicant, and expressed approval with the technical report and its summary. lie discussed the adjacent subdivision, and benefits of the proposed subdivision to the City of Niagara Falls. He stated that his client "does not object to holding the property for a year". Mr. Sinclair referred to the shortage of residential lots in the north end of the City and offered to respond to any questions raised. The Planning Director replied to questions raised pertaining to the concerns of the Ministry of the Environment with respect to appropriate noise attenuation measures, and referred to the necessity of a holding by-law. Following a further brief discussion regarding points raised in the Planning Overview and Summary, Acting Mayor Janvary declared the Public Meeting closed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded, and all others voting in favour. No. 545 - (PD/130/85) - Chief Administrative Officer - Re: Greycliff Inn In~., Official Plan Amendment No. 148, and Zoning By-law Amendment AM-9/85. The report recommends the following: 1) That Council approve proposed Official Plan Amendment No. 148 and Zoning By-law amendment as detailed in Planning Department report PD~126/85; 2) That Council, prior to the passing of the amending by-law for Greycliff Inn Inc., determine by resolution, in accordance with Section 34 (16) of the Planning Act 1983, that the changes to the proposed by-law will not require the giving of any further public notice. That Council enact the By-law listed on the 1985 12 09 agenda adopting Amendment No. 148 to the Official Plan for the Niagara Falls Planning Area; That Council enact the By-law listed on the 1985 12 09 agenda amending Zoning By-law 79-200. 3) 4) Acting Mayor Janvary explained the procedure under the Planning Act, and declared the Public Meeting open. The City Clerk reviewed the background information in the report respecting the application to construct a 50 bed senior citizens' residence on Lundy's Lane; Council's direction that the appropriate Official Plan and Zoning By-law Amendments be prepared for enactment at a subsequent Council meeting; and that Staff notify the public of Council's forthcoming consideration of the content of the Official Plan and Zoning By-law amendments. The Clerk advised that the Notices of the Public Meeting were mailed on November 5th, 1985, and a Notice was published in the Niagara Falls Review on November 8th, 1985. Acting Mayor Janvary requested a show of hands to indicate the presence of the applicant or his agent and received a positive response; and a show of hands of persons present in fayour of, or opposed to, the proposal and received a positive response, She advised that persons wishing further notice of the passage of the by-law should submit their names and addresses to the Clerk prior to leaving the meeting, The Planning Director explained the purpose and reasons for the proposed by-law amendment, and referred to information outlined in the Technical Report, as well as the communication received from Nick Zitano, and handout information for Council. He discussed the Unit Count, Parking Spaces, and Definition of Senior Citizens' Residence information contained in report PD/130/85. Acting Mayor Janvary requested comments from persons other than the application in support of the by-law and received no response· -4- Communication No. 348A - Nick Zitano, Zitano Holdings Inc. - Re: Proposed Official Plan Amendment No. 148, Proposed Zoning Amendment Application A~-9/85. The com~unication from owners of lands immediately to the west of the subject lands expresses strong objection to the proposals because of the incompatibility the operation of the Senior Citizens' Residence with future plans of gitano Holdings Inc., in terms of noise, traffic, and conflicting requirements. Proposed Official Plan Am N n a t Application AM-9/85, Greycliff Inn Inc., Lundy's Lane. The communication expresses concern with the proposed residential facility for senior citizens being "embedded within a commercil area"; referred to the incompleteness of the function for independent seniors; inaccessibility to required services; and encouraged a more thorough review. Acting Mayor Janvary requested comments from persons, other than the applicant, in support of the by-law and received no response. She did not receive a response to her request for comments from persons opposed to the by-law. The representative of the developer was asked for comments. Mr. John Veenhoven, the applicant, discussed the proposed development; referred to letters he had received from 24 adjacent residents in support of the proposal; discussed his former presentation to Council, and the submission of a brochure containing pertinent information with respect to the proposed facility, He responded to questions raised regarding the aforementioned letters from adjacent residents; explained the extent of the subject property, and proposed erection of fences as well as other requirements being met. ORDERED on the motion of Alderman Campbell, seconded by Alderman Herrington, that the matter be tabled to allow time for a response to the communication from the Social Services Department, The motion was Defeated with the following vote: AYE: Aldermen Baker, Campbell, Coville, Herrington, and Hopkins. NAYE: Aldermen Chessman, Cummings, Hinsperger, Orr, Pay, and Puttick. Following further discussion, it was moved by Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Chessman, Cummings, Hinsperger, Orr, Pay, and Puttick. NAYE: Aldermen Baker, Campbell, Coville, Harrington, and Hopkins. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman,~. that the communication from Nick Zitano be received and filed. Carried Unanimously. ORDERED on the motion of Alderman Orr, seconded by Alderman Herrington, that the communication from the Regional Social Services Department be received and filed, Carried Unanimously, See By-law No. 85-232, and By-law No, 85-233. No. 546 - (PD/129/85) - Chief Administrative Officer - Re: Proposed Offical Plan Amendment No. 143, Site Plan Control Provisions. The report recommends the following: 1) That Council support the proposed amendment to the Official Plan as detailed in Planning Department Report PD/124/85; 2) That Council enact the By-law listed on the 1985 12 09 agenda adopting Amendment No. 143 to the Official Plan for the Niagara Falls Planning Area; 3) That the Regional Municipality of.Niagara be advised accordingly. Acting Nayor Janvary reviewed the procedure under the Planning Act 1983, ~nd requested the Planning Director to explain the proposal, The Planning Director advised that the City of Niagara Falls has, for many years, utilized Site Plan Control to ensure an acceptable standard of site development associated with development and redevelopment projects, and referred to the Muniaipalityts Site Plan Control Policy and By-law 79-204. Re explained that the new Planning Act now requires that the local Official Plan contain policies respecting Site Plan Control, if the Municipality intends to utilize zeme, · - 5 - The Planning Director advised that interested persons were notified by a newspaper advertisement in the Niagara Falls Review on November 8th, 1985. Acting Mayor Janvary reviewed the procedure. She requested a show of hands from persons in attendance for, or opposed to, the proposal, and received no response. Acting Mayor Janvary advised that any persons wishing to receive further notice of the passage of the by-law should submit their names and addresses to the City Clerk prior to leaving the meeting. She advised that any person wishing to speak would be given opportunity to do so. No response was received to a request by Acting Mayor Janvary for comments from persons wishing to speak. The Planning Director replied to questions raised, and advised that the intent of the proposal is to satisfy a legislative requirement of the Act, and provide for the continued utilization of Site Plan Control, and existing practices in Niagara Falls. He responded to questions raised regarding the property at Sodom Road and the Q.E.W. Mr. Gordon Wyllie, T. Gordon Wyllie Real Estate, requested information with respect to any effect this procedure might have on Crowland Township. Following further discussion, Acting Mayor Janvary declared the Public Meeting closed. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the report be received and adopted. The motion Carfled with the following vote: AYE: Aldermen Baker, Campbell, Chessman, Coville, Cummings, Harrington, Hinsperger, Hopkins, Orr, and Pay. NAYE: Alderman Puttick. See By-law No. 85-236. No. 547 - Chief Administrative Officer - Re: Proposed Crysler Place, Condominium Conversion Application, 4692 Crysler Avenue. Owner: William Slovak. File: 26 CDM 85001. The report recommends that the Questionnaire received from the Ministry of Municipal Affairs respecting the Crysler Place Condominium Conversion Application be completed and returned, along with an accompanying letter setting out the one condition to be imposed. Mr. Brian Sinclair, Solicitor for the owner, indicated his presence and offered to respond to any questions. He advised that the applicant is in agreement with the condition "that cash-in-lieu of park purposes be imposed as a condition of approval". Mr. Sinclair stated that the tenants had been notified on several occasions and had been given 4 months notice as specified in the Condominium Act, and further, that the tenants had received information that the units could be sold to them with the owner assisting respecting moving expenses. He advised that a call had been received from only one tenant with no definite objection to the proposal. ORDERED on the motion of Alderman Cummings, seconded by Alderman ltinsperger, that the report be received and adopted. Carried Unanimously. DEPUTATION KINGBRIDGE THEATRE ON THE SQUARE Communication No. 349 - Don Keppy, President, Kingbridge Theatre on the Square - Re: Proposed Professional Theatre. The communication attaches a brochure containing information regarding the organization, and drawings of the proposed project for Chippaws; and requests permission to address Council. Mr. Don Keppy reviewed plans for the proposed theatre for Cummington Square in Chippawa; advised of the interest being generated concerning the project; the funds raised; and requested that Council endorse an application to the Ministry of Citizenship and Culture for the funding of a Feasibility Study. The Deputy Recreation Director responded to questions raised regarding the application to the Ministry. The City Solicitor suggested that before making application, City Staff could check with the Ministry that the application is not to be construed as a liability for payment, Alderman Baker advised that he had been attending the meetings of the group, and referred to the interest and response to the project, He expressed approval of the group. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that City Staff be authorized to assist in making application to the Provincial -6- Government for the funding of a Feasibility Study, with the understanding that the City's involvement is not to be construed as a guarantee of financial participation at a later date. It was further recommended that the communication be received and filed. Carried Unanimously. UNFINISHED BUSINESS TRAFFIC AND PEDESTRIAN COUNTS - NIAGARA ROAD 49 COMMUNICATION FROM REGIONAL NIAGARA PUBLIC WORKS DEPARTMENT and Pedestrian Counts - Niagara Road 49 (McLeod unt rio responds to the City's enquiry regarding the above mentioned, and provides copies of the summaries of traffic counts taken at McLeod/Dorchester, McLeod/Drummond, and McLeod/Dell. ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, that the communication be received and filed. Carried Unanimously. NIAGARA FALLS FLEA MARKET BUILDING COMMUNICATION FROM MR. AL MacBAIN Communication No. 351 - Mr. A1 MacBain Solicitor - Re: Flea Market Building. The communication requests assurance that a Public Hall licence will be issued if his client meets all requirements. The City Clerk advised that when approvals have been received from various organizations, he could be challenged if a license was not issued. A discussion followed regarding the intended use of the building for elec- tronic bingo. Mr. MacBain advised that his client is prepared to meet all requirements of the Buildings & Inspections Department, Regional Health Services, Fire Department and Ontario Hydro, however, because of the financial outlay of $35,000.00 in this regard, he requested some assurance that a licenee would be issued. The City Solicitor advised that, on the basis of the comments made by the Clerk and Mr. MacBain, the applicant "is entitled to a licenee if he meets all the requirements". Aldermen C-mmings, and Hinsperger declared a conflict of interest because they are members of organizations which conduct bingos. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the communication be received and filed. The motion Carried with Aldermen Cummings, and Hinsperger abstaining from the vote on conflicts of interest previously recorded, and all others voting in fayour. COMMUNICATIONS No. 352 - Regional Nia are Planning & Develo merit Department - Re: OWMC Steering Committee. T~e conununication attac[es the minutes of the Committee meeting held October 31, 1985, and advises of a proposed extension of contract for an additional Staff member. In response to Acting Mayor Janvary's query, Council members indicated that they wished to receive the complete contents of communications concerning the OWMC Steering Committee. ORDERED on the motion of Alderman Covflle, seconded by Alderman .Cunmaings, that the communication be received and referred to the Environmental Planning Committee. Carried Unanimously. No. 353 - City of Niagara Falls, Board of Museums - Re: Financial Assistance. The communication requests a one time grant of $2500.00 in conjunction with Winratio, for the purchase of two display cases and a computer. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the communication be received and referred to the Finance Committee for considera- tion. Carried Unanimously. information regarding Federal Government approval to fund Municipal contingency planning through the Joint Emergency Planning Program (JEPP), and encourages Municipal contribution to supplement the funds. ORDERED on the motion of Alderman C,m-wings, seconded by Alderman Minsperger, that the communication be received and filed. Carried Unanimously. No. 354B - Ministry of Ener - Re: Municipal Contingency Planning Update. The communication advises that g. John Kirby will coordinate the aforementioned on behalf of the Regional Municipality of Niagara, and will be forwarding document- ation to the Municipality. ORDERED on the motion of Alderman C-mmings, seconded by Alderman Minsperger, that the communication b~ received and filed. Carried Unanimously. - 7 - No. 355 - Ministry of Municipal Affairs - Re: New Councillors' Seminars, 1986. The communication advises that the aforementioned Seminars will be held in Welland on January 17, and 18, 1985, and attaches registration forms. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the communication be received and filed, and any Council members who wish to attend should contact the Chief Administrative Officer. Carried Unanimously. No. 356 - George T. Wallace - Re: International Joint Commission - Canadian Members. The communication requests Council to support a resolution to the Prime Minister that the two vacant Canadian Members' positions on the Commission be filled as soon as possible, and further, that consideration be given to appoint at least one Commissioner with a scientific background. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that the resolution be endorsed. Carried Unanimously__. No. 357 - Charles J. Humher, Editor, Canada: From Sea Unto Sea - Re: Publications. The communication expresses appreciation for Council's interest in the publication, Canada: From Sea Unto Sea, and advises that "Partners In Growth" is available at a cost of $50.00. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that one copy of the "Partners In Growth" section be purchased to be available at City Mall. Carried Unanimously. REPORTS No. 548 - Chief Administrative Officer - Re: Site Plan Approval - Proposed 99 Unit, 7 Storey Hotel, The Ritz Motor Inn (former Angotti property), 5943 Victoria Avenue. The report recommends that the Council approve the site plans on display at tontght's meeting, being a proposed 99 unit, 7 storey hotel, and the site plan being drawing number A-1 dated as revised December 3rd, 1985, and the site services and grading plan being drawing number A-2 dated as revised November 2nd, 1984, which was approved by Council on November 5th, 1985, and which will remain the same and filed with the Buildings and Inspections Department of the City of Niagara Falls on December 5th, 1985, and November 2nd, 1984 respectively, and that such approval be subject to the conditions outlined in the report. Acting Mayor Janvary declared a conflict of interest because a member of her family has an interest in the matter, and asked Alderman Chessman to preside as Chairman for the discussion of this report. ORDERED on the motion of Alderman Puttick, seconded by Alderman Coville, that the report be received and adopted. The motion Carried with Acting Mayor Janvary abstaining from the vote on a conflict of interest previously recorded, and all others voting in favour. Acting Mayor Janvary returned to the Chair. No. 549 - Chief Administrative Officer - Re: Lot 5, Plan 653, East Side of Allendale Avenue. The report recommends that Lot 5, Plan 653, located on the east side of Allendale Avenue, north of Robinson Street, be sold to 640520 Ontario Limited for $33,000.00 with a closlng date of July 31, 1986; AND that the By-law appearing later on the agenda to authorize the sale, be passed. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law No. 85-239. No. 550 - Chief Administrative Officer - Re: Downtown B.I.A. Levy - Maximum/Minimum. The report recommends that Council pass the by-law appearing later on this evening's agenda to specify maximum/minimum yearly special charges in the Downtown Business Improvement Area; and that this report be received and filed. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 85-241. No. 551 - Chief Administrative Officer - Re: Payment to Regency Hockey Club - November 25, l~Bb. The report advised that Cheque No. 13027 in the amount of $125.00 to the Regency Hockey Club represented the registration of a City Employee hockey team in the Regency Motor Hotel Hockey Tournament, that C.U.P.E. Local 133 had made a contribution to the fee which totalled $225.00, and further, it is recommended that the report be received and filed for the information of Council. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. -8- No. 552 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $6,007,386.06 for the two week period ending Monday, December 9th, 1985, be approved by the passing of the by-law appearing later on the agenda. Alderman Campbell declared a conflict of interest on Cheques No, 13470 and 13567 because the organization is a client; and on Cheque No. 13452 because:his wife is employed by the Board. Aldermen Cheesman and Harrington declared conflicts of interest on Cheque No. 13452 because they are employed by the Board. Alderman Cummings declared a conflict of interest on Cheque No. 13606 because a member of his family is involved in the program. Alderman Hinsperger declared a conflict of interest on Cheques No. 13442, 13558, and 13690 because he is employed by the company. Additional information was provided on Cheques No. 13459, 13479, 13487, 13490, 13529, 13556, 13604, 13615, and 14672. Alderman Baker requested that Cheque No. 13651 be held until the clock in Chippawa was in good working order. ORDERED on the motion of Alderman Coville, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with Aldermen Campbell, Cheesman, Harrington, Cummings, and Htnsperger a~'~ng from the vote on Cheques No. 13470, 13567, 13452, 13606, 13442, 13558, and 13690, on conflicts of interest recorded previously; Alderman Harrington voting contrary on Cheque No. 13459; and all others voting in favour. No. 553 - Chief Administrative Officer - Composition of New Library Board. The report recommends that CounciI consider the attached applications and appoint members to the new Library Board. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Baker, that approval be given to proceed with the election of 3 persons to the new Library Board, by paper vote, and ratify the election unanimously. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, C.mmtngs, Herrington, Htnsperger, Hopkins, Pay, and Puttick. NAYE: A]dermen Coyills, and Orr. Alderman Chessman declared a conflict of interest because his wife is employed by the Board. Following a paper vote Acting Mayor Janvary advised that Frank Lewis, Harry Rustida, and Barbara Olaves, had been elected to the Board. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that Barbara Glares, Frank Lewis, and Harry Rustida be authorized to represent~ Council on the Library Board. The motion Carried with Alderman Cheesman abstaining from the vote on a conflict of interest previously recorded, and all others voting in fayour. No. 554 - Chief Administrative Officer - Re: Designation of the "Marshall/Doran" Residence & Coach House, 4851 River Road. The report recommends that Staff be authorized to commence the procedure for designating the property knownas the "Marshall/Doran" Residence & Coach Itouse as~an architecturally and historically significant property, under the provisions of the Ontario Heritage Act. ORDERED on the motion of Alderman C,,mmtngs, seconded by Alderman Coville, that the report be received and adopted, Carried Unanimously. No. 555 - Chief Administrative Officer - Re: Heat in Commercial Premises. The report provides background information respecting Provincial legislation under the Municipal Act wherein Councils of Municipalities are authorized to pass by-laws requiring the maintenance of adequate and suitable heat for leased dwellings but not for leased commercial premises; advises that under the Health Protection and Promotion Act, 1983, there are wide powers available to Health Inspectors to abate circumstances in any type of premises that are a health hazard, including lack of heat; and recommends that this report be received and filed for the information of Council. Alderman Puttick requested that Staff be authorized to take action under.the Health Protection and Promotion Act, and that the Clerk notify interested persons, and forward a copy to the Alderman. ORDERED on the motion of Alderman Baker, seconded hy Alderman Pay, that the report be received and adopted. Carried Unanimously. Verbal Report - Alderman Chessman - Re: LACAC Endorsement of Proposal by Ontario Hydro to utilize Toronto Fower Station as a Museum, Alderman Chessman referred to a recent meeting of L.A.C,A.C, and a presentation by the Ontario Hydro regarding the utilization of the Toronto Power Station as a museum. He explained the proposal in detail, and advised that the Ontario Hydro desires a positive respons. e from the comwaunity before proceeding, Miss Dorothy Van Slyke was in attendance. She advised that a model of the proposal was on display at the Library. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Harrington, that the matter be tabled for one week to enable Council members to visit the Library and view the model. Carried Unanimously. RESOLUTION No. 83 - CHEESMAN - CUMMINGS - RESOLVED that this Council does determine, in accordance with the provisions of the Planning Act, 1983, that the changes to the proposed Zoning By-law Amendment respecting the application of Greycliff Inn Inc. (AM-9/85) to operate a Senior Citizens Residence at 8158 Lundy's Lane, are minor in nature and do not require giving any further notice; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Orr, seconded by Alderman Baker, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 85-232 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (Greycliff Inn Inc., former Birchcliffe Application, 8158 Lundy's Lane, Site Plan 148). NO. 85-233 - A by-law to amend By-law No. 79-200, as amended. (kM-9/85 Greycliff Inn Inc.). No. 85-234 - A by-law to amend By-law No. 79-200, as amended. (AM-lO/85 6114 Culp St., former Grace Abbey Nursing Home). No. 85-235 - A by-law to designate an area of land in the City of Niagara Falls as a site plan control Area. (AM-10/85 6114 Culp St., former Grace Abbey Nursing Home). No. 85-236 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls PIanning Area. (Amendment 143). No. 85-237 - A by-law to designate certain areas of the City of Niagara Falls as site plan control areas. No. 85-238 - A by-law to define classes of development that may be undertaken in site plan control areas without the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 40 of the Planning Act, 1983. No. 85-239 - A by-law to authorize the sale of certain lands in the City of' Niagara Falls. (Allendale Avenue). No. 85-240 - A by-law to provide monies for general purposes. No. 85-241 - A by-law to specify maximum and minimum yearly charges in the Downtown Business Improvement Area. The motion Carried with Aldermen Baker, Campbell, Coville, Harrington, and Hopkins voting contrary on By-laws No. 85-232 and 85-233; Alderman Puttick voting contrary on By-law No. 85-236; Alderman Herrington voting contrary on By-law No. 85-240, as previously recorded in Report No. 552; Aldermen Campbell, Cheesmau, Barrington, C,,m~ings, and Hinsperger abstaining from the vote on By-law No. 85-240 as previously recorded in Report No. 552; and all others voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the following by-laws be now read a second and third time: No. 85-232 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. No. 85-233 - A by-law to amend By-law No. 79-200, as amended. No. 85-234 - A by-law to amend By-law No. 79-200, as amended. No. 85-235 - A by-law to designate an area of land in the City of Niagara Falls as a site plan control Area. No. 85-236 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. No. 85-237 - A by-law to designate certain areas of the City of Niagara Falls as site plan control areas. . 0 ° ° 10 - 10 - No. 85-238 - A by-law to define classes of development that may be undertaken in site plan control areas without the approval of plans and drawings otherwise required under subsection 4 or subaction 5 of section 40 of the Planning Act, 1983. No. 85-239 - A by-law to authorize the sale of certain lands in the City of Niagara Falls. No. 85-240 - A by-law to provide monies for general purposes. No. 85-241 - A by-law to specify maximum and minimum yearly charges in the Downtown Business Improvement Area. The motion Carried with Aldermen Baker, Campbell, Coville, Harrington, and Hopkins voting contrary on By-laws No. 85-232 and 85-233; Alderman Puttick voting contrary on By-law No. 85-236; Alderman Harrtngton voting contrary on By-law No. 85-240; Aldermen Campbell, Cheesman, Herrington, Cummings, and Hinsperger abstaining from the vote on By-law No. 85-240 as previously recorded; and all others voting in favour. NEW BUSINESS APPOINTMENTS TO BOARDS, COMMISSIONS & COMMITTEES The City Clerk advised that a special meeting has been scheduled for Tuesday, December 17th, 1985, at 7:00 p.m. for consideration of appointments to Boards, Commissions, and Committees. EVENTS OF INTEREST Alderman Cummings advised that he had artended the following events: 1) Winter Festival's Wine & Cheese Party, Saturday, December 7th, 1985, when the Miss Teen Niagara Contestants were presented; 2) December 7th, 1985 - let Annual Mariners Awards' Banquet; 3) December 8th, 1985 - Holy Family Centre. Ald. Cummings was presented with an award for the City of Niagara Falls, which he submitted to the Clerk to be appropriately displayed. Be advised that Reverend Mullan was named Assistant to the Bishop for Ontario. NEWSPAPER ADVERTISEMENT Alderman Cummings expressed concern regarding a recent item in the local newspaper which suggested that news and views of the Soviet Union might be obtained by completing an application form. Alderman Cummings stated that he intends to relay his concerns, in this connection, to Rob Nicholson, M.P. GREEN OAKS MOBILE HOMES LTD. Alderman Baker discussed his concerns regarding the continuing operation of the Green Oaks trailer park, and its non-improved conditions, and requested a report respecting the current status of this park. A verbal report was submitted by the Chief Administrative Officer~with the suggestion that the matter be referred to Staff because it involves the Legal Department, By-law Enforcement Officers, and the Clmrk's Department, for the submission of a written report. It was indicated that the report should include the current status of the park, any public information which might be available in connection with the sale of the park, any options Council might have in resolving the matter on a more permanent basis, and actions which might be taken when a continuing violation of the law is noted. ORDERED on the motion of Alderman Baker, seconded by Alderman Hinsperger, that the matter be referred to Staff for investigation and a report which should include clarification on existing rules and possible action. Carried Unanimously. MESSAGE OF CO~rDOLENCE It was Ordered on the motion of Alderman Orr, seconded by Alderman Cheesman, that a message of condolence be forwarded to the Director of Buildings and Inspections on the loss of his sister, Mrs. Leona telden, Carried UnanimouSly~ LANDFILL SITE PLA~INO Alderman Pay initiated a discussion regarding the aforementioned and requested additional background on this matter. The Director of Municipal Works advised that the information would be. available to Alderman Pay through..the . Municipal Works. Committee. o, o..11 DERELICT BUILDING - 11 - Alderman Pay requested information regarding the "derelict building" across from American Can Canada Inc., in the Centre Street area. The Chief Administra- tive Officer advised that the building was registered under the Municipal Sales Tax Act on AuRust 19th, 1985, and that it was necessary to wait one year before further action might be taken to sell the building at a Public Auction. He further advised that the Property Standards Inspector had visited the site and determined that the building, although unsightly, was safe, and further, that the owner lived in Toronto. VISITS TO SENIOR CITIZENS Alderman Pay expressed his concerns regarding the visiting of senior citizens residing in local senior citizens' homes, and encouraged increased visiting of the seniors. WILLOUGHBY DITCIIES Alderman Hopkins made reference to the construction on the main communications line of Bell Canada in Willoughby Township, and requested that the Municipal Works Department investigate the matter to ensure that ditches and watercourses were returned to their former depth, and submit a report. It was moved by Alderman Coville, seconded by Alderman Baker, that the meeting adjourn. Carried Unanimously. THIRD MEETING Committee Room #1 December 16, 1985 Council met on Monday, December 16th, 1985 at 7:15 p.m. in Committee of the Whole. All members of Council were present. Alderman Janvary presided as Chairman. Following consideration of the items presented, the Committee of the I~ole arose without reporting. REGULAR MEETING Council Chambers December 16, 1985 Council met on Monday, December 16th, 1985 at 7:30 p.m. for the purpose of considering general business. All members of Council were present. His Worship Mayor Smeaton presided as Chairman. Alderman Coyills offered the Opening Prayer. PRESENTATIONS RECOGNITION OF EFFORTS TO PROTECT TME ENVIRONMENTAL CLIMATE IN THE CITY OF NIAGARA FALLS Mr. Don Critelli, Petition Chairman, Neighbourhood Environmental Watch (N.E.~.), was presented With a plaque By His Worship Mayor Smeaton, on behalf of the City of Niagara Falls, in recognition of his outstanding efforts, and the N.E.W. group's achievements to protect the environmental climate of the City of Niagara Falls. Mr. John Hoffner, Past-President of the Niagara Falls Canada, Visitor and Convention Bureau, was presented with a plaque, by His Worship Mayor Smeaton, on behalf of the community, in recognition of the major role he had played in supporting the City's efforts with respect to the O.W.M.C. issue. Mr. Gordon Paul~ immediate Past-President of the Niagara Falls Canada, Visitor and Convention Bureau, was presented with a plaque, by his Worship Mayor Smeaton, on behalf of the City of Niagara Falls, in recognition of the Bareau's efforts to protect the environmental climate in this community. Mr. Frank Massard was presented with a plaque, by His Worship Mayor 8meaton, in recognition of his tnvolvement~ and the efforts of his son, Mr.-Meal Massard, in the O.W.M.C. issue. Mr. A10leksuik, Canadians for a Clean Environmen. E, was recognized for the contribution he and his organization have made through the media and public meetings, to provide information concerning the O.W.M.C. issue to the people of Niagara Falls. His Worship Mayor Smeaton expressed appreciation and presented Mr. Oleksuik with a plaque on behalf of the City of Niagara Falls. Mr. A1 Sams, Chairperson, Niagarans Against Toxins (N.A.T.), received the appreciation of His Worship Mayor.~m~a~on, on behalf of the citizens of the community, for the contribution the group has made to successfully oppose the O.W.M.C. in Niagara Falls. Mayor Smeaton presented Mr. Sams with a recognition plaque on behalf of the City of Niagara Falls. Mrs. Margaret MacLeod~ Our Lady of Peace Catholic Women's League was unable to attend the meeting to receive the plaque in recognition of the efforts made by the group. His Worship Mayor Smeaton advised that the plaque would be presented at a later date. -2- UNFINISHED BUSINESS L.A.C.A.C. - UTILIZATION OF TORONTO POWER STATION AS MUSEUM - Alderman Cheesman stated that the aforementioned matter had been deferred to this date in order that members of Council might view the model of the proposed project at the Niagara Falls Public Library. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that approval be given to support the proposed project of the Ontario Hydro to utilize the Toronto Power Station as a museum. Carried Unanimously. COMMUNICATIONS No. 358 - Regional Niagara Office of the Clerk - Re: Third Quarter 1985 Butldi~ Permit Activity. The communication attaches Report DF85-144, being the third quarter 1985 Building Permit Activity report for the information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and filed. Carried Unanimousl7· No. 359 - Tim Masterson, Niagara Farms Canucks - Re: Special Occasion Permit. The communication requests a Special Occasion Permit for December 20th, 1985, and January 3, 10, 24, and 31, 1986. :,,ORDERED. on the motion oftAlderman Chessman, seconded by Alderman Cummings, that the request of the Niagara Farms Junior B Canucks, for a special occasion permit for their home games to be held on Friday, December 20, 1985, 3anuary 3, 10, 24 and 31, 1986, at the Niagara Falls Arena Blueline Room,, be granted subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Niagara District Health Unit, and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 360 - Philip Dunnett, Niagara Farms Canucks - Re: Street Banner. The Club requests permission and cooperation in raising a street banner to welcome teams for the game between the U.S.A., and'team Switzerland, at the Niagara Falls Memorial Arena on January 2nd, 1986. ORDERED on the motion of Alderman Pay, seconded by Alderman Coville, that the communication be received and the request granted subject to the approval of the Regional Municipality of Niagara, and the Niagara Falls Hydro. Carried Unanimously. No. 361 - Niagara Falls Unemployed Help Centre - Re: Invitation to Visit. The communication invites Council to visit the Unemployed Help Centre. ORDERED on the motion of Alderman C,mmtngS, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. No. 362 - Provincial Crane - Re: Traffic - Victoria Avenue & Buttrey Street. The communication asks that the traffic situation at the corner of Victoria Avenue and Buttrey Street be reviewed, and suggests that the Victoria ~venue overpass be made a reduced speed ,zone. :" ORDERED on the motion of Alderman Orr, seconded by Alderman Mineperger, that the communication 'be received ands,referred to the Parking and Traffic Com~ittee. Carried Unanimously. No. 363 - Canadian Cancer Society - Re: "Canadian Cancer Society Month" - April 1986. The communication requests a letter of endorsement for campaign purposes, and asks that the month of April 1986 be proclaimed "Canadian Cancer Society Month". ORDERED on the motion of Alderman Janvary, seconded by Alderman Marrington, that the communication be received and the request approved subject to established policy. Carried Unanimously. REPORTS No. 556 - Chief Administrative Officer - Re: Application for Exemption from Part Lot Control, ~ots 29, & 30, 33 & 34, RP M-78, Post Road, Ascot Wood Extension (PD/132/85). The report recommends that the request from B. Sinclair, Solicitor, on behalf of Mikulcic Construction Ltd. and the request from A. Selftied, to exempt Lots 29, 30, 33, and 34 according to Registered Plan H--78, from Part Lot Control be approved and that Council pass the appropriate by-law to designate certain land not be subject to Part Lot Control. ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the report be receiyed and adopted, Carried Unanimously. See By-law No. 85-243. -3- No. 557 - Chief Administrative Officer - Re: Application for Exemption from Part Lot Control, Block F, RP M-53, Charnwood Subdivision. The report recommends that the request from Ontario Land Corporation to exempt Block F, according to Registered Plan M-53, from Part Lot Control be approved and that Council pass the appropriate by-law and the applicant enter into a servicing agreement with the City of Niagara Falls. ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the report he received and adopted. Carried Unanimously~ See By-law No. 85-244. No. 558 - Chief Administrative Officer - Re: Christmas Holiday Period. The report advises that December 25th, and 26th, 1985, and January 1st, 1986 will'be observed as Christmas holidays, and recommends that the report be received for the information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 559 - Chief Administrative Officer - Re: Ontario Netghbourhood Improvement Program (O.N.I.P.) for Leeming/Balmoral. The report reconmends that the City of Niagara Falls make application to the Ministry of Municipal Affairs for an "Ontario Neighbourhood Improvement Program" (O.N.I.P.); the total works recommended to be carried out under the Program is $1,452.000.00, the City's share being $726,000.00. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 84. No. 560 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for November 1985. The report provides information regarding Permits issued, and Highlights for November 1985. ORDERED on the motion of Aldermen Cummings, seconded by Alderman Cheesman, that the report be received and filed. Carried Unanimously. No. 561 - Chief Administrative Officer - Re: 6068 Dixon Street. The report provides background information regarding the concerns expressed by owners of properties adjacent to 6068 Dixon Street, and recommends that the report be received and filed. ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No. 562 - Chief Administrative Officer - Re: Sign Application - Goodyear Auto Service, Morrison Street. The report recommends that City Council approve an application for a wall sign having an area of 429 square feet for the Goodyear Auto Service building on the south side of Morrison Street between Drummond and Dorchester. Mr. Randy Patton, Agent for Cummings Signs, was in attendance to respond to questions raised. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. No. 563 - Chief Administrative Officer - Re: Site Plan Approval, Proposed One Storey Commercial Building Addition - Union Dry Cleaners (Chippawa), 3822-3830 Main Street. The report recommends the following: 1) That a copy of this report be sent to the Region; 2) That Council approve the site plan for the proposed commercial building on display at tonight's meeting subject to Council's consideration to the 'lcoflcerns outlined in the background below; the site plan being drawing number I dated October 22nd, 1985, and filed with the Buildings and Inspections Department of the City of Niagara Falls on December 11th, 1985, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously.. No. 564 - Chief Administrative Officer - Re: Ontario Home Renewal Program. The report recommends that the Ontario Home Renewal Program be altered to allow a forgivehie portion of the loan based on income. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the report be received and adopted, and fur her that a cop of ~he report be forwarded to the Social Planning Council. ~arried Unanimous y.... . . . . 4 -4- No. 565 - Municipal gorks Committee - Re: Pavement Management System for City Streets. The report recommends that the City initiate the development of a network pavement management system through the purchase of the applicable pave- ment management computer program from Infrastructure Management Services Ltd., at a cost of $25,000.00 in 1985; and further, that funds be placed iu the City*s 1986 Streets budget to cover the cost of having this company undertake laser and deflection testing required to complete the implementation of this program, ORDERED on the motion of Alderman Janvary, seconded by Alderman Pay, that the report be received and adopted, Carried Unanimously, No. 566 - Chief Administrative Officer - Re: Agreements between The City of Niagara Falls and Bolus-Revelas-Bolus Limited. The report recommends the by-law authorizing releases of certain conditions in the above agreements be approved. In response to questions raised, the City Solicitor advised that the agreements would have no effect on future development in the subject area. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See by-law No. 85-252. No. 567 L Chief Administrative Officer - Re: Rating By-law for Debenture Charges. The report recommends that Council pass the by-law appearing on this evening's agenda that will provide the levying of rates to pay the principal and interest charges on the $400,000.00 debenture issue dated October 31, 1985. ORDERED on the motion of Alderman Chessman, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. See By-law No. 85-250. No. 568 - Chief Administrative Officer - Re: 1986 Short Term Borrowing for Current Purposes. The report recommends that Council pass the by-law appearing on this evening's agenda to authorize the borrowing to an upset limit of $10,000,000.00 for current expenditures for the year 1986. ORDERED on the motion of Alderman Pay, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. See By-law No. 85-246. No. 569 - Chief Administrative Officer - Re: Municipal Action '85 Grant. The report recommends that Council pass the by-law appearing on this evening's agenda to authorize a contract between the City of Niagara Falls and the Province of Ontario regarding the Municipal Action '85 Grant. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coyills, that the report be received and adopted. Carried Unanimously. See By-law No. 85-247. 'No. 570 - Chief Administrative Officer -'Re: Municipal Accounts, The report recommends that the accounts totalling $879,315,29 for the one week period ending Monday, December 16, 1985, be approved by the passing of the by-law appearing later on the agenda. Alderman Campbell declared a conflict of interest on Cheque.No. 13747 because the organization is a client. Alderman Binsperger declared a conflict of interest on Cheque No. 13726 because he is employed by the company· Alderman Mopkin, declared a conflict of interest on Cheque No. 13819 because a relative i8 employed by the firm. Additional information was provided on Cheques No. 13741, 13745, 13767, 13770, 13780, 13804, 13807, 13812. ORDERED on the motion of Alderman Janvary, seconded by Alderman Baker, that the report be received and adopted, The motion Carried with Aldermen Campbell, Ninsperger, and Hopkins abstaining from the vote on Cheques No. 13747, 13728, and 13819 consecutively, on conflicts of interest previously recorded, and all others voting in favour. 5 No. 571 - Chief Administrative Officer - Re: Agreement - Niagara Falls Illumination Board. The report recommends that Council enact the by-law to authorize the execution of an agreement dated as at September 1st, 1984, regard- ing the Niagara Falls Illumination Board. In response to questions raised, it was noted that Mayor Smeaton; Alderman Cheesman, Chairman of the Finance Committee; and the Chief Administrative Officer, represent the City on the Board. ORDERED on the motion of Alderman Chessman, seconded by Alderman Htnsperger, that the report be received and adopted. Carried Unanimously. ~ No. 85-245. No. 572 - Chief Administrative Officer - Re: Renewal of Rental Payable to Ontario Hydro for Renewal of Stanley Avenue Storm Sewer Easement. The report recommends that the Council approve the revised renewal rental for the easement granted by Ontario Hydro for the Stanley Avenue storm sewer. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 573 - Chief Administrative Officer - Re: Dog Control Agreement with Niagara Falls Humane Society. ORDERED on the motion of Alderman Baker, seconded by Alderman Pay, that the report be received and adopted, and further, that a copy of the report be forwarded to Mr. Donald Dilts, 3240 Harleyford Crescent. Carried Unanimously. No. 574 - Chief Administrative Officer - Re: Cancellation of Bingo Licences. The report recommends that all licensed bingo operations at the Roman Court Ballroom be cancelled immediately and not reinstated until the owners of the buildings meet the requirements of Ontario Uydro and the Fire Department. Aldermen Cummings, and Hinsperger declared conflicts of interest because they are members of organizations which are involved in Bingo. The City Clerk responded to questions raised concerning requirements for the issuing of licences to bingo halls; and information contained in the Background data of the report. Mr. Mario Pingue, and his son, discussed circumstances which had contributed to the delay in meeting the requirements of Ontario Hydro and the Fire Department. Following a discussion regarding the matter, it was moved by Alderman Orr, seconded by Alderman Coville, that the report be received and adopted, subject to action against the Roman Court Ballroom be deferred until December 20th, 1985 to allow time for compliance with the requirements. The motion Carried with Aldermen Cummings, and Hinsperger abstaining from the vote on conflicts of interest previously recorded, and all others voting in favour. ORDERED on the motion of Alderman Pay, seconded by Alderman Puttick, that Staff be instructed to submit a report regarding future discretionary guidelines, current problems which are causing a delay in issuing of bingo licences, and enforcement procedures. The motion Carried with Aldermen Cummings and Hinsperger abstaining from the vote on conflicts of interest previously recorded, and all others voting in fayour. No. 575 - Chief Administrative Officer - Re: Benches at Bus Stops. The report recommends the following: 1) That City Staff, in cooperation with representatives of the Greater Niagara Transit Commission, prepare information necessary to permit service organizations submit a proposal for the supply and maintenance of approxi- mately 150 bus stop benches for the City of Niagara Falls; 2) Once the above information has been prepared, service organizations be invited to submit to the City quotations for the supply of the above service; 3) Following receipt of proposals for the service, City Council decide which service organization(s) be permitted to perform the service. ORDERED on the motion of Alderman Janvary, seconded by Alderman Baker, that the report be received and adopted, and further, that action be taken as quickly as possible· Carried Unanimously. 6 No. 576 - Chief Administrative Officer - Re: Clock - Former Chippawa Town Hall. The report recommends that City Council authorize payment be made to Neon Products Ltd. for the clock which was installed in the tower at Peterson's Work- shop (former Chippaws Town Hall). ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. RESOLUTION No. 84 - JANVARY - PAY - RESOLVED that WHEREAS notification has been received from the Ministry of Municipal Affairs regarding the allocation of funds to be used in connection with the Ontario Neighbourhood Improvement Programme fiscal year 1986 - 1987: AND WHEREAS March 31st, 1986, has been established as the deadline for allocation of funds for the said Ontario Neighbourhood Improvement Programme, for the period May 1st, 1986 to March 31st, 1987; NOW THEREFORE BE IT RESOLVED that the City of Niagara Falls submit an applica- tion to the Minister of Municipal Affairs, for the approval of the projects to an estimated cost of $1,452,000.00 with the Provincial Government to pay 502 of the cost and the City to pay 50% of the costs for the purposes of the Ontario Neighbourhood Improvement Programme for the period May 1st, 1986 to March 31st, 1987; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion that leave be granted read a first time: of Alderman Cummings, seconded by Alderman Hinsperger, to introduce the following by-laws, and the by-laws be No. 85-242 - A by-law to provide for the composition of the Niagara Falls Public Library Board. No. 85-243 - A by-law to designate certain land not to be subject to part lot control. (Lots 29, 30, 33, & 34, RP M-78, Ascot Woods Extension). No. 85-244 - A by-law to designate certain land not to be subject to part lot control. (Block F, RP M-53, Charmwood Subdivision). - No. 85-245 - A by-law to authorize the execution of an agreement respecting the Niagara. Falls. Illumination Board. , No. 85-246 - A by-law to authorize the borrowing of $10,000,000.00 for current expenditures for the year 1986. ~ No. 85-247 - A by-law to authorize an agreement with Her Majesty The Queen, in right of the Province of Ontario as represented by the Minister of Municipal Affairs, under the "Municipal Action '85" Grant Program, No. 85-248 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (Amendment 149). No. 85-249 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (Amendment 150). No. 85-250 - A by-law to provide for the levy of rates to pay the principal and interest on debentures of The Regional Municipality of Niagara and the principal amount of $400,000.00 issued for the purposes of The. Corporation of the City of Niagara Falls. No. 85-251 - A by-law to authorize the continuation of an agreement with Niagara Falls Numane Society respecting dog control services. No. 85-252 - A by-law to authorize releases in favour of Bolus-Revelas-Bolus Limited and others. No. 85-253 - A by-law to provide monies for general purposes. -7- The motion Carried with Aldermen Campbell, Hinsperger, and Hopkins abstaining from the vote on By-law No. 85-253, on conflicts of interest previously recorded in Report No. 570; and all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the following by-laws be now read a second and third time: No. 85-242 - A by-law to provide for the composition of the Niagara Falls Public Library Board. No. 85-243 - A by-law to designate certain land not to be subject to part lot control. No. 85-244 - A by-law to designate certain land not to be subject to part lot control. No. 85-245 - A by-law to authorize the execution of an agreement respecting the Niagara Falls Illumination Board. No. 85-246 - A by-law to authorize the borrowing of $10,000,000.00 for current expenditures for the year 1986. No. 85-247 - A by-law to authorize an agreement with Her Majesty The Queen, in right of the Province of Ontario as represented by the Minister of Municipal Affairs, under the "Municipal Action '85" Grant Program. No. 85-248 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. No. 85-249 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. No. 85-250 - A by-law to provide for the levy of rates to pay the principal and interest on debentures of The Regional Municipality of Niagara and the principal amount of $400,000.00 issued for the purposes of The Corporation of the City of Niagara Falls. No. 85-251 - A by-law to authorize the continuation of an agreement with Niagara Falls Humane Society respecting dog control services. No. 85-252 - A by-law to authorize releases in fayour of Bolus-Revelas-Bolus Limited and others. No. 85-253 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell, Hinsperger, and Hopkins abstaining from the vote on By-law No. 85-253, on conflicts of interest previously recorded; and all others voting in favour. NEW BUSINESS TRILLIUM AIR Mayor Smeaton referred to a handout communication from Trillium Air which requests support of its application to the Air Transport Committee to operate a high frequency air commuter service between Niagara Regional and Downtown '(Island), and Toronto International Airports. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the application be endorsed. Carried Unanimously~ .EM~RGENCY. PLAN ~\,~-ldev~a,,a,JeBvary initiated a discussion regarding the Emergency Action Plan ' which ~as demonstrated on December 12th, 1985, and the critique meeting scheduled for December 17th, 1985, regarding the results of the emergency action in connection with the Health Services Department. Deputy Fire Chief Don Shapton, who was in attendance, advised that the exercise was a highly successful one. Alderman Janvary requested that a written report be submitted with respect to the critique meeting. -8- OLD POLICE BUILDING Alderman Cummings requested information with respect to the Old Police Building. The Chief Administrative Officer advised that repairs are currently being made on the roof, that he had been in telephone contact with the owners of the building who live in Toronto, and that information had been received that the owners would be coming to Niagara Falls early in the new year with architectural drawings. The Director of Buildings & Inspections advised that Staff is checking on the building for safety purposes, and that the repairs to the roof are temporary in order to protect the renovations within. DR. PHIL DOWNIE Alderman C,,mmings welcomed Dr. Downie to the meeting and referred to Dr. Downie's involvement with the Social Planning Council. His Worship Mayor Smeaton stated that Dr. Downie was a representative of the Stamford Kiwanis Club which had recently celebrated the completion of its 30th renovation of "geared to income family units in this municipality", that Dr. Downie had made a "tremendous contribution" to this co~ununity, and was always welcome at Council meetings. AFGHANISTAN Alderman Harrington referred to the anniversary of the Soviet invasion of Afghanistan, and the thousands of casualties suffered over the past 6 to 7 years. ORDERED on the motion of Alderman Harrington, seconded by Alderman Cummings, that Mayor Smeaton draft a letter for the approval of Council, to be forwarded to Rob Nicholson, M.P., and presented to the Canadian Government, expressing the concern of Council with respect to the civil war in Afghanistan, and suggesting that withholding measures be taken, i.e., wheat sales, to encourage a cessation of this invasion. The motion Carried with the following vote: AYE: NAYE: Aldermen Baker, Chessman, Coville, Cvmm~gs, Harrington, Hinsperger, Hopkins, Janvary, Pay, and Puttick. Aldermen Campbell, and Orr. TREE REMOVAL Alderman Hopkins expressed his concern regarding the removal of mature trees on construction sites, and in particular at the Union Dry Cleaners in Chippawa. Mayor Smeaton advised that both the City of Niagara Falls and the Regional Municipality of Niagara have set policies regarding the remove.1 of trees, and further, that he would obtain a copy of these procedures for the information of Alderman Hopkins. ***** It was moved by Alderman Cummings, seconded by Alderman Hinsperger, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED , ITY 'CLE~ ' ' ' · · ., '~y~'~*' . . S · SMEATON ~'uURTH MEETING SPECIAL MEETING Council Chambers December 17, 1985 Council met on Monday, December 17th, 1985 at 7:30 p.m. for the purpose of considering general business. All members of Council were present. His Worship Mayor Smeaton presided as Chairman. WELCOME His Worship Mayor Smeaton welcomed the Boy Scouts, and Leader, Mr. V. Barbarino, of the 14th Niagara Troop to the meeting. APPOINTMENTS TO BOARDS, COMMISSIONS, & COMMITTEES Report No. 577 - Chief Administrative Officer - Re: Appointments to Boards, Commissions & Committees. The report recommends that Council consider the necessary appointments to various boards, commissions and committees, the terms of which expired at the end of 1985, and that the appointments be confirmed by By-law at the meeting to be held on January 6, 1985. Report No. 578 - Chief Administrative Officer - Re: Constitution of the Committee of Adjustment. The report recommends that Council consider the contents of this report when considering appointments to the Committee of Adjustment. It was the consensus of opinion that a ballot be used to determine appointments, where necessary. ORDERED on the motion of Alderman Orr, seconded by Alderman Herrington, that all ballots be destroyed. Carried Unanimously. Chamber of Commerce - It was moved by Alderman Cummings, seconded by Alderman Cheesman, that Mayor William S. Smeaton be appointed to the Chamber of Commerce, and Alderman James Pay as an alternate representative, for the 1986-87-88 term. Carried Unanimously. Committee of Adjustment - Following a decision by ballot, Mr. Gordon Goulty, Mr. E. Ted Mangoff, Mr. Guy Prate, Mr. Ed Sherat, and Mr. Wayne Thomson were appointed to the Committee of Adjustment for the 1986-87-88 term. Community Resources Centre Management Committee - Alderman Wayne Campbell, Alderman W.A. Hinsperger, and Alderman Judy Orr were appointed to the Community Resources Centre Management Committee, by consensus of opinion, for the 1986-87-88 term. It was moved by Alderman Cummings, seconded by Alderman Orr, that Mr. Hap Hague, Mr. Norm Tubbe, and Mr. Roy Webb be appointed to represent the Community aL Large on the Community Resources Centre Management Committee for the 1986-87-88 term. Carried Unanimously. Court of Revision - It was moved by Alderman Harrington, seconded by Alderman Pay that Mr. John I. Brucato, Mr. Eli Jonovich, and Mr. Harold Vesely be appointed to the Court of Revision for the 1986-87-88 term. Carried Unanimously. Greater Niagara General Hospital Hoard of Governors - Following a decision by ballot, Alderman Wayne Campbell, Alderman Charles Chessman, and Alderman Patrick Cummings were appointed to the Greater Niagara General Hospital Board of Governors for the 1986-87-88 term. Greater Niagara Transit Commission - Following a decision by ballot, Mr. Hugh Hart, and Mr. Rudolph N. Meuser were appointed to the Greater Niagara Transit Commission, and Mayor William S. Smeaton was appointed to the Commission by consensus, for the 1986-87-88 term· -2- Livestock & Poultry Valuers - It was moved by Alderman Janvary, seconded by Alderman Orr, that Mr. J. Bouw, and Mr. L. McRae be appointed as Livestock & Poultry Valuers in the City of Niagara Falls for the 1986-87-88 term. Carried Unanimously. Local Architectural Conservation Advisory Committee - Alderman G. Mark Hopkins was appointed to the Local Architectural Conservation Advisory Committee, by consensus of opinion, for the 1986-87-88 term. Local Council of Women - Alderman Judy Orr was appointed to the Local Council of Women, by consensus of opinion, for the 1986-87-88 term. Niagara District Airport Commission - It was moved by Alderman Coville, seconded by Alderman Orr, that the appointment of Mr. Jack Merrett to the Niagara District Airport Commission for the 1986-87-88 term be confirmed. Carried Unanimously. Alderman Norman Baker, Alderman Done E. Coville, and Alderman Richard J. Herrington were appointed as Council representatives to the Niagara District Airport Commission, by consensus of opinion, for the 1986-87-88 term. Niagara Falls Board of Museums - Alderman G. Mark Hopkins, Alderman Norman Baker, Mr. Charles Oft, Mr. W. Parks, and Mr. Meril Willtck, were appointed to the Niagara Falls Board of Museums, by consensus of opinion, for the 1986-87-88 term. Niagara Falls Community Centre Board - It was moved by Alderman Janvary, seconded by Alderman Chessman, that Mayor William S. Smeaton, Alderman Norman Baker, Alderman Wayne Campbell, Alderman Charles Chessman, Alderman Done E. Coville, Alderman Patrick Cummings, Alderman Richard J. Herrington, Alderman W.A. Hinsperger, Alderman G. Mark Hopkins, Alderman Paisley Janvary, Alderman Judy Orr, Alderman James Pay, and Alderman Norman Puttick be appointed to the Niagara Falls Community Centre Board for the 1986-87-88 term. Carried Unanimously. Niagara Falls Economic Development Agency - Alderman Richard J. Herrington, Alderman James Pay, Mayor William g. Smeaton, and the Chief Administrative Officer were appointed to the Niagara Falls Economic Development Agency by consensus of opinion, for the 1986-87-88 term. Niagara Falls Humane Society - Alderman Norman Baker was appointed to the Niagara Falls Humane Society Board as Council representative, and Alderman Done E. Covllle was appointed as an alternate Council representative, by consensus of opinion, for the 1986-87-88 term. Following a decision by ballot, Mr. Vincent Barbarino, and Mrs. Pam Stewart were appointed as citizen representatives to the Niagara Falls Humane Satiety Board for the 1986-87-88 term. Niagara Falls Visitor & Convention Bureau - Following a decision hy ballot, Alderman Done E. Coville, and Alderman James Pay were appointed as Council representatives to the Niagara Falls Visitor & Convention Bureau, and Alderman Judy Orr, as an alternate representative, for the 1986-87-88 term. Niagara Parks Commission - Following a decision by ballot, Mayor William S. 8meaton was appointed to the Niagara Parks Com~ission for the 1986 term. Niagara Peninsula Conservation Authority - Following a decision by ballot, Mr. Lorne E. Biggs, and Mrs. June Gardner were appointed as citizen representatives to the Niagara Peninsula Conservation Authority, for recon~nendation to Regional Council for the 1986-87-88 term.' Niagara Promotion Association - Following a decision by ballot, Alderman Patrick Cummings, and Alderman W.A. Hinsperger were appointed as Council representatives and Alderman Norman Puttick as alternate Council representative to the Niagara Promotion Association for the 1986-87-88 term. People Mover Steering Committee - Mayor William S. Smeaton, Chairman, Regional Councillor Brian Merrett,,Alderman Norman Bakers Alderman Charles Cheesman; Alderman Patrick Cummings, Alderman W.A. Ninsperger, Alderman James Pay, and Alderman Norman Puttick were appointed to the People Mover Steering Committee, by consensus of Opinion~ for the 1986-87-88 term. . . . . 3 -3- Plumbers Examining Board - It was moved by Alderman Chessman, seconded by Alderman Janvary, that Mr. Cec Amadto be appointed to the Plumbers Examining Board for the 1986-87-88 term, and further, that efforts be made to secure a second representative. Carried Unanimously. Project Trillium - Alderman Paisley Janvary was appointed as Council representative to Project Trillium, by consensus of opinion, for the 1986-87-88 term. Property Standards Committee - Following a decision by ballot, Mr. John B. Anstruther was appointed as a citizen representative to the Property Standards Committee for the 1986-87-88 term. Recreation Commission - Following a decision by ballot, Alderman Richard J. Harrlngton, end Alderman Paisley Janvary were appointed as Council represent- atives; and Jennifer L. Clarkson, Michael G. Farrell, Kathy Pierson, Fred Sacco, and Ronald N. Sunstrum were appointed as citizen representatives to the Recreation Commission for the 1986-87 term; and Irene Luba Ploszczansky was appointed to the Recreation Commission to complete the 1986 term of the late Mr. W. Campbell. Regional Land Division Committee - Following a decision by ballot, Mr. Pierre A. Pasquet was appointed as the City's nominee to the Regional Land Division Committee for the 1986-87-88 term. Region Niagara Tourist Council - Alderman James Pay was appointed as Council representative to the Region Niagara Tourist Council, by consensus of opinion, for the 1986-87-88 term. Social Planning Council - Follo~tng a decision by ballot, Alderman Charles Chessman, and Alderman Patrick Cummings were appointed as Council representa- tives to the Social Planning Council for the 1986-87-88 term. Tourism Niagara Co-Ordination Board - Mayor William S. Smeaton was appointed as Council representative, and Alderman Norman Baker, as an alternate Council representative on the Tourism Niagara Co-Ordination Board, by consensus of opinion, for the 1986-87-88 term. United Way Board of Directors - Alderman Wayne Campbell was appointed as Council representative to the United Way Board of Directors, by consensus of opinion, for the 1986-87-88 term. Weed Inspector - It was moved by Alderman Puttick, seconded by Alderman 0rr, ~hat Mr. Vito Scaringi be appointed as Weed Inspector for the year 1986. Carried Unanimously. Y.M.C.A. Board of Directors - Alderman Paisley Janvary was appointed as Council representative to the Y.M.C.A. Board of Directors, by consensus of opinion, for the 1986-87-88 term. Y.W.C.A. Board of Directors - Alderman W.A. Hinsperger was appointed as Council representative to the Y.W.C.A. Board of Directorss by consensus of opinion, for the 1986-87-88 term. BUSINESS ASSOCIATION & BOARDS OF MANAGEMENT: Chippaws Business Association - Alderman Norman Baker, and Alderman W.A. 'Hinsperger were appointed as Council representatives to the Chippaws Business Association, by consensus of opinion, for the 1986-87-88 term. Clifton Hill Board of Management - Alderman Wayne Campbell was appointed as Council representative, and Alderman Done E. Coyills was appointed as alternate Council representative, to the Clifton Hill Board of Management, by consensus of opinion, for the 1986-87-88 term. Downtown Board of Management - It was moved by Alderman Covtlle, seconded b~' Alderman Baker, that Alderman Judy Orr be appointed, as Council representative, to the Downtown Board of Management for the 1986-87-88 term; and that the appointment of the following citizen appointees be confirmeds Mr. J. Bell, Chairman, Mr. Barry Brady, Mr. Don Cartel, Mrs. Anna Cotfield, Mr. Rose Durdan, Mr. Ernie FuSco, Mr. Ralph Gallens Mr. Harvey Roll, Mr. Paul Sottile, and Mr. Gabe Mallouk. Carried Unanimously, , , , , 4 -4- Main & Ferry Board of Management - Alderman G. Mark Hopkins was appointed as Council representative to the Main and Ferry Board of Management, by consensus of opinion, for the 1986-87-88 term. Victoria Avenue Business Improvement Area Board of Management - Alderman Richard J. Harrington was appointed as Council representative to the Victoria Avenue Business Improvement Area Board of Management, by consensus of opinion, for the 1986-87-88 term. STANDING CO~U4ITTEES: Civic Committee - Alderman Paisley Janvary, Chairman, Alderman Richard J. Herrington, and Alderman James Pay were appointed, by consensus of opinion, to the Civic Conunittee for the 1986-87-88 term. Finance Committee - Alderman Charles Cheesman, Chairman, Alderman Wayne Campbell, Alderman Dona E. Coville, Alderman Patrick Cummings, Alderman Richard J. Harrington, Alderman G. Mark Hopkins, Alderman Paisley Janvary, and Alderman James Pay were appointed, by consensus of opinion, to the Finance Committee for the 1986-87-88 term. Municipal Works Committee - Alderman W.A. Hinsperger, Chairman, Mayor William S. Smeaton, Alderman Norman Baker, Alderman Wayne Campbell, Alderman Dons E. Coville, Alderman Richard J. Harrington, Alderman G. Mark Hopkins, Alderman Paisley Janvary, Alderman Judy Orr, Alderman James Pay, and Alderman Norman Puttick were appointed, by consensus of opinion, to the Municipal Works Committee for the 1986-87-88 term. Municipal Parking & Traffic Committee - Alderman Patrick Cummings, Chairman, and Alderman W.A. Hinsperger were appointed, by consensus of opinion, to the Municipal Parking & Traffic Committee for the 1986-87-88 term. Environmental Planning Committee - Alderman Dons E. Coyills was appointed Chairman of the Environmental Planning Committee for the 1986-87-88 term. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the aforementioned appointments to Boards, Commissions, and Committees be ratified. Carried Unanimously, NEW BUSINESS NURSERY - G.N.G.H. Alderman Orr discussed complaints she had recently received, from a visiting grandmother at the Greater Niagara General Hospital, regarding the temporary transfer of the Nursery at the Greater Niagara General Hospital, and the odor of gas fumes being inhaled by 16 newborn babies. Alderman Orr reviewed actions she had taken to rectify the situation, without success, and expressed real concern that the matter be resolved immediately. The Chief Administrative Officer was asked to contact Mr. John H. Carter, Chief Executive Officer of the G.N.G.H. tomorrow morning with a request for an immediate solution to the problem, and report back to Council. POSSIBLE PERSONNEL COMMITTEE Alderman Puttick discussed the many issues involving City Personnel and suggested that a Personnel Committee be formed to discuss areas of concern in conjunction with Mayor Smeaton, the Chief Administrative Officer, and Director of Personnel, and subsequently submit reports to Council, ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that a . meeting be scheduled between Mayor Smeaton, Aldermen Puttick and Orr, the Chief Administrative Officer, and Personnel Director, in order to draft guidelines for a possible Personnel Committee, such guidelines to be brought back for Council's consideration. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Coville, Harrington, Hinsperger, Hopkins, Janvary, Orr, Pay, and Puttick. . NAYE: Alderman Cummings,' ~ - 5- It was moved by Alderman Janvary, seconded by Alderman Baker, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, CLERK