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Minutes1986FIFTH MEETING REGULAR MEETING Council Chambers January 6, lq86 Council met on Monday, January 6th, 1986 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 Baker offered the Opening Prayer. · ACHIEVEMENT AWARDS INTERMEDIATE & SENIOR BOXING CHAMPIONSHIPS - SHAMROCK BOXING CLUB, NIAGARA FALLS - BILL JOHNSTON - His Worship Mayor Smeaton presented Bill Johnston with an Achievement Award on behalf of the City of Niagara Falls, By proxy, through Coach Pat Kelly. He advised that Mr. Johston had won best fighter award in the novice calls class, at the Ontario Boxing Championships in Bellevilla, Ontario, and had been selected for the Ontario Boxing team for competition at Glace Bay, Nova Scotia. BILL IRWIN - His Worship Mayor Smeaton presented Bill Irwin with an Achievement Award behalf of the community, congratulated him on winnin~ the open class goldsmedal in the intermediate class, and his selection to the Ontario Boxing team. COACHES - PAT KELLY, HARVEY SBERREN, JENE TORTORICE, & JOE MASALLA - His Worship Mayor Smeaton presented Achievement Awards to Coaches Pat Kelly, Harvey Sherren, Jane Tortorice, and Joe Masalla, and congratulated them on their efforts at the Shamrock Boxing Club. Coach Pat Kell has been selected as Team Ontario Coach by Boxing Ontario Officials. he Club [as won three other T Provincial Championships. ADOPTION OF MINUTES Alderman Coville asked that the minutes of December 17, 1985 be amended with respect to the Non-Profit Housing Committee on page 13. She advised that Tony DiGiocomo is Chairman of the Committee. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the minutes of the meetings dated December 9, and 16, 1985, be adopted as printed; and the amended minutes dated December 17, 1985 be adopted. Carried Unanimously. COMMUNICATIONS No. 1 - Regional Niagara Public Works Department - Re: Water/Sewage by Municipality, Monthly Report for November 1985. The corm~nnication attaches Report DEP-2270 regarding the aforementioned for the information of Council. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the communication be received and filed. Carried Unanimously. No. 2 - Regional Niagara Planning & Development Department - Re: Farm-Related Businesses in Agricultural Areas. The communication attaches Report DPD 1932 related to the aforementioned, for consideration and comment. ORDERED on the motion of Alderman Cummings, seconded by Alderman Minsperger, that the comanunication be received and referred to Staff for a professional opinion and the submission of a report, with participation from residents in rural wards. Carried Unanimously. No. 3 - Regional Niagara Planning & Development Department - Re: Ontario Waste Management Corporation. The report attaches the minutes of Regional Niagara's OWMC Steering Committee for information. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. - 2 - No. 4 - Regtonl Niagara planning & Development Department ' Re: City of Niagara Falls Revisions to Handicapped Parking By-laws. The communication discusses concerns regarding recently adopted by-laws, and the recommended approach agreed to Jointly by municipalities in Niagara and representatives of the handicapped. Alderman Janvary advised that she wished to work with Staff on this matter. ORDERED on the motion of Alderman Janvary, seconded By Alderman Cummings, that the communication be received and referred to Staff for consideration, that the Rotary Club and Crippled Children's Centre be contacted for comments, and further, that a copy of the communication be forwarded to the Social Planning Council. Carried Unanimously. No. 5 - City of Windsor - Re: Resolution to Amend Municipal Act. The communication asks Council to endorse a resolution recommending to the Provin- cial Legislature an amendment to the Municipal Act, and other applicable Statutes, that the word "Councillor" be substituted for "Alderman/men". Following a brief discussion it was moved by Alderman Cheesman, seconded by Alderman Orr, that the communication be received and filed. The motion Carried with the following vote: AYE: Aldermen Baker, Cheeeman, Coville, Bineperger, Hopkins, Janvary, Orr, Pay, and Puttick. NAYE: Aldermen Campbell, Cummings, and Herrington. No. 6 - City of Windsor - Re: Resolution to Minister of Natural Resources. The communication asks Council to endorse a resolution to make funds available for temporary construction of shoreline protection along the Canadian shore of the Great Lakes on an emergency basis. ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that the matter be tabled for two weeks for additional information. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Coville, Cummings~ ltarrington, Hinsperger, Hopkins, 3anysty, Orr, Pays and Puttick. NAYE: Alderman Chessman. No. 7 - 3ohn Howard Society - Re: Bingos- The communication requests that Council address the problems of High Prizeboards; Non-compliance with Regulations, e.g., charities not making 20%1 and Discussion of New Approaches- Aldermen Cummings and Hinsperger declared conflicts of interest because they are members of organizations which are involved in bingos. 0RDERED on the motion of Alderman Cheesman, seconded by Alderman Janvarys that the communication be referred to Staff for a report. It was further recommended that the report include info~mation regarding the successful approaches adopted by the City of St. Catharines. The motion Carried with Aldermen Cummings, and Hinsperger abstaining on conflicts of interest previously declared, and all others voting in fayour. No. 8 - Township of London - Re: Resolution to Minister of Labour. The communication requests Council to endorse s resolution petitioning the Minister of Labour and the Provincial Government to take steps to provide that Workers' Compensation benefits be extended to cover heart problems associated with stress generated by fire calls, and fire responses, in order that the benefits will include volunteer firemen as well as full-time paid firemen. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the communication be tabled for two weeks for further information which should include details concerning present coverage of volunteer firemen in this Municipality. Carried Unanimously. No. 9 - A.F. Shoppard, Solicitor - Re: Appointments to Humane Society Board of Directors. The communication advises that Mr..Vincent Barbarino is not eligible for appointment to the Board under the constitution and by-laws of the Society. Mr, Sheppard was granted permission to speak on the motion of Alderman Cummings, seconded by Alderman Coville. Me reviewed background details regard- ins the status of qualifications for the City appointees to the Humane Society and suggested a meeting between members of the Humane gociety, Council or Staff in an attempt to resolve the matter, and submit recommendations to Council for a decision, o . . . 3 Alderman Baker discussed the details concerning Mr. Barbarino's previous altercation with the Humane Society which had been satisfactorily resolved. He stated that Mr. Barbarino would subscribe to the ideals and objectives of the Society; referred to the appointment of Mr. Barbarino to the Board by a majority vote of Council; and strongly urged that Council give Mr. Barbarino an opportun- ity to serve on the Board. Following further discussion, it was moved by Alderman Baker, seconded by Alderman Campbell, that the communication be received and filed. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Coville, Cummings, Harrington, Hinaperger, Hopkins, Janvary, Orr, and Pay. NAYE: Alderman Puttick. No. 10 - Ukranian Canadian Community of Niagara Falls - Re: 68th Anniversary of Freedom of the Ukraine. The communication requests permission for a Ukrainian flag raising ceremony on Saturday, January 18th, 1986; and asks that the week of January 18th to 25th, 1986 be proclaimed "Ukrainian Independence Week". ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the request for a flag raising ceremony be approved. It was further recommended that the request for a proclamation be granted subject to established policy. Carried Unanimously. No. 11 - The Niagara Falls & District Labour Council - Re: Unemployed Help Centre. The communication requests emergency funding from the City of Niagara Falls for the Unemployed Help Centre. Alderman Orr declared a conflict of interest because the organization' with which she is employed, has similar clientele. Mr. William Cooper, immediate Past-President of The Niagara Falls & District Labour Council, was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Harrington. He referred to the high unemployment rate in the City of Niagara Falls, plant closures and layoffs in this community, and the statistical date regarding persons who have been assisted by the Unemployed Help Centre. Mr. Cooper introduced Mr. Kim Craitor, President of The Niagara Falls & District Labour Council. Mr. Craitor discussed the imminent closing of the Unemployed Help Centre on January 31st, 1986 unless financial assistance is received. He stated that a total budget of $84,000.00 is required to continue the operation; and advised that the Labour Council was prepared to contribute $10,000.00, a United Way grant has been projected in the amount of $16,000.00, the City is being asked to provide a grant in the amount of $16,000.00, and the Provincial Government is being approached to match the total revenue of $42,000.00. Mr. Craitor responded to questions raised regarding the projected funding, and stated that he would be meeting with representatives of the Ministry this week for a discussion on the matter, and required a letter of support from Council for the Ministry. Following further discussion, it was moved by Alderman Chessman, seconded by Alderman Cummings, that the request be approved in principle, and the matter referred to the Finance Committee for consideration. The motion Carried with Alderman Orr abstaining from the vote on a conflict of interest previously recorded, and all others voting in fayour. No. 12 - The Canadian Red Cross Society - Re: Mayor's Clinic. The communication suggests that February 18th, 1986 be scheduled for the Mayor's Clinic for blood donors. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the communication be received and the suggested date approved, and further, that as many persons as possible be encouraged to participate. Carried Unanimously. No. 13 - William A. Amadio, Solicitor - Re: Martin Sale to Casciano. The communication attaches legal documents and a cheque in the amount of $50.00, and asks that the aforementioned matter be considered at the Council meeting on January 6, 1986. The City Clerk reviewed the background information regarding the property, and recommended that the request be approved, and further~ that the by-law which had been distributed for this meeting be passed. ORDERED on the motion of Alderman Cheesman~ seconded by Alderman Baker, that the communication be received, and the recommendation of the Clerk approved. Carried Unanimously. See By-law No. ~6T6~ . 4 -4- REPORTS No. 1 - Chairman ' Special Advisory Committee ' Re: Request for Financial Assistance ' Niagara Falls Family y.M.C.A. The report recommends that Council endorse the following recommendations of the Municipal Advisory Team to assist the y.M.C.A.: 1) That City Staff, in conjunction with representatives of the Y.M.C.A., investigate and report on the feasibility of acquiring the property of the Y.M.C.A. on Fourth Avenue and leasing all or part of the facilities back to the "Y". The said report to include an evaluation of the need for the existing Y.M.C.A. facilities in the City. 2) As part of the above report, that consideration be given to the possibility of relocating the City's Recreation Department offices in the "Y" building- 3) That Staff be authorized to obtain an appraisal of the "Y" property. 4) That pending a decision by Council on the possible purchase of the "Y" property, the Council authorize interim financing to the Y.M.C.A. to be drawn as and if required, up to hut not exceeding an amount of $25,000.00. The aforesaid amount being the suggested requirements of the "Y" until March 1, 1986. Alderman Campbell declared a conflict of interest because the organization is a client. The following representatives of the Y.M.C.A. Board of Directors were in attendance at the meeting: Mr. G.A. Kirkham, President; Mr. Tom Buchanan, Executive Director; Mr. Tony Sagat, Marketing Director; as well as Mr. Rob Long, and Mrs. Carol Bielawski, Board Members. A lengthy discussion followed regarding the request for financial assist- ance- Mr. Kirkham discussed the financial requirement of $150,000.00 per year for the next three years, and the alternate route recommended by the Special Advisory Committee. He referred to the funding received by the "Y" in 1985, the employment of a Director on a full time basis, major improvements nmde on the huilding, the encouragement of individuals to use the "Y", and discussed advertising publicity. Following further discussion respecting the recommendations, it was moved By Alderman Cummings, seconded by Alderman Cheesman, that the report be received and adopted. The motion Carried with Alderman Campbell abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Alderman Baker, Chessman, Covtlle, Cummings, Marrington, Minsperger, Hopkins, Janvary, Orr, and Puttick. NAYE: Alderman Pay. No. 2 - (PD/2/86) - Chief Administrative Officer - Re: Terms of Reference for the Environmental Planning Committee. The report recommends the following: 1) That Council adopt the attached Terms of Reference for the Environmental Planning Committee; 2) That Council appoint two (2) additional members to the Co~mittne. Alderman Puttick requested that the word 'Environmental" be inserted before the word "subjects" in the Terms of Reference, Item 4(f), line 2. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that recommendation number 1 be adopted. It was further recommended that Aldermen Richard J. Herrington, and Alderman Paisley Janvary be appointed to the Committee for the 1986-87-88 term with Alderman Dona,E. Coyills as Chairman. Carried Unanimously. No. 3 - (FD/4/86) - Chief Administrative Officer - Rex Downtown Revitalization Steering Committee - Appointment of Council Members. The report recommends that elected representatives be appointed to the Downtown Revitalization Steering Committee. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that Alderman Wayne Campbell, Alderman Charles Chessman, Alderman Richard J. Herrington, and Alderman James Pay be appointed to the Downtown Revitalization Steering Committee for the 1986-87-88 tern, with Alderman Judy Orr as Chairman. Carried Unanimously. - 5- No. 4 - Chief Administrative Officer - Re: Contract G.C. 27-85 - Underground Services in Moretta Estates Subdivision - Phase III. The report recommends that the unit prices submitted by the low tenderer, Provincial Construction (Niagara Falls) Limited, for Contract G.C. 27-85, be accepted. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously--. See Resolution No. 1. See By-law No. 86-2. No. 5 - Municipal Works Committee - Re: Committee Reports. The report makes the following recommendations: 1) Level of Service - Street Light Maintenance - - that the revised policy for the level of service for street light maintenance, attached to this report, be adopted. 2) Winter Control Niagara Transit - - that this advisory report be received and filed. 3) M.T.C. Subsidy Allocation - - that this report be received and filed. 4) Sarah Street Road Rehabilitation - - that 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. No. 6 - Municipal Works Committee - Re: Alerting Device - Station No. 2 (McLeod Road). The report recommends that the Regional Municipality of Niagara be requested to install some type of alerting device, such as a full traffic signal, a sign indicating fire vehicles turning (illuminated by a flashing light), or a flashing light that may be controlled from within the station, etc., in order that fire vehicles exiting from and returning to Station No. 2 (McLeod Road) may do so under safer conditions than those existing at present. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. No. 7 - Finance Committee - Re: Committee Reports. The report recommends the following: 1) Request for Funding from Niagara Falls Satellite Chapter Ontario Association of Children with Learning Disabilities (O.A.C.L.D.) - - that the request be denied and that the City address the concern of this group by contacting both Boards of Education, the Y.W.C.A., and senior levels of government to make them aware of our recognition of this need in our Community, and our desire to have this program continued. 2) Terms of Reference for the Finance Committee - - that the Terms of Reference for the Finance Committee be referred to all members of Council for their comments. 3) Request of the Mount Carmel Festival - - that the request of the Mount Carmel Festival be received and filed. 4) Request of the Niagara Falls Curling Club and the Schoolboy Committee for financial support - - that an advertisement be placed in the Ontario Schoolboy Curling Championship program in accordance with the established policy. 5) Request of the Niagara Falls Minor Hockey Association for Advertising in Program - - that the City purchase an advertisement in the amount of $150.00 in the program for the "3rd Annual Past Presidents House League Tournament" sponsored by the Niagara Falls Minor Hockey Association· 6) Council Remuneration By-law - - that an appropriate by-law be passed, similar to By-law No. 84-218, to provide for an increase of 4.2% to the remuneration of members of Council effective December 1, 1985. -6- ORDERED on the motion of Alderman Coyills, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. Mo. 8 - Chief Administrative Officer - Re: Municipal Accounts. The report reco~nends that the accounts totalling $1,230,580.81 for the 3 week period ending Monday, January 6th, 1986, be approved by the passing of the by-law appearing later on the agenda. Alderman Campbell declared a conflict of interest on Cheque No. 13876 because the organization is a client. Alderman Harrington declared a conflict of interest on Cheque No. 14000 because a member of his family is involved in the organization. Additional information was provided on Cheques No. 13839, 13841, 13895, 13923, and 13993; and further information was requested on Cheque No. 13891. ORDERED on the motion of Alderman Janvary, seconded by Alderman Coville, that the report be received and adopted. The motion Carried with Aldermen Campbell, and Herrington abstaining from the vote on Cheques No. 13876, and 14000 consec- utively, as recorded previously, and all others voting in favour. Mo. 9 - Chief Administrative Officer - Re: Weight of Vehicles - Mewburn Road Bridge. The report recommends that the By-law appearing later on the agenda to restrict the weight of vehicles on the Mewburn Road Bridge, be passed, AND that this report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. See By-law No. 86-4. RESOLUTION No. 1 - CUMMINGS - HINSPERGER - RESOLVED that the unit prices submitted by Provincial Construction (Niagara Falls) Limited, for Contract G .C. 27-85 - Underground Services in Moretta Estates Subdivision - Phase III, be approved at the low tendered amount of $370,701.10; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS The City Clerk advised that two additional applicants are interested in being appointed to the Plumbers Examining Board, Mr. Ted Canham, and Mr. Cy McGuigan, in connection with By-law No. 86-1. ORDERED on the motion of Alderman C,n~mings, seconded by Alderman Baker, that application forms be completed by both persons in order that a decision may be made. Carried Unanimously. It was generally agreed that Item No. 42, Non-Profit Housing Committee, should be deleted from By-law No. 86-1, and additional information regarding the Environmental Planning Committee, and the Downtown Revttalization Steering Committee should be added to By-law No. 86-1. ORDERED on the motion of Alderman Cummings, seconded by Alderman Htnsperger, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 86-1 - A by-law to provide for appointments to certain Boards, Commissions, and Committees. No. 86-2 - A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for sewermains, watermains and base road construction in Moretta Estates Subdivision - Phase III. ~o, 86-3 - A by-law to authorize the execution of an agreement with Her Majesty the Queen in Right of the Province of Ontario as represented by the Minister of Transportation and Communications. ~o. 86-4 - A by-law restrictin8 the weight of vehicles passing over a bridge on Mewburn Road, - 7 - No. 86-5 - A by-law to provide monies for general purposes. No. 86-6 - A by-law to allow the maintaining and using of a building which encroaches on Ferguson Street. The motion Car.__rie__dwith ~ldermen Campbell, and Harringtou abstaining from the vote on By-law No. 86-5, on conflicts of interest previously recorded in Report No. 8; and all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the following by-laws be now read a second and third time: No. 86-1 - A by-law to provide for appointments to certain Boards, Co~nissions and Committees. No. 86-2 - A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for sewermains, watermains and base road construction in Moretta Estates Subdivision - Phase III. No. 86-3 - A by-law to authorize the execution of an agreement with Her Majesty the Queen in Right of the Province of Ontario as represented by the Minister of Transportation and Communications. No. 86-4 - A by-law restricting the weight of vehicles passing over a bridge on Mewburn Road. No. 86-5 - A by-law to provide monies for general purposes. No. 86-6 - A by-law to allow the maintaining and using of a building which encroaches on Ferguson Street. The motion Carried with Aldermen Campbell, and Harriugton abstaining from tile vote on By-law No. 86-5, on conflicts of interest previously recorded; and all others voting in favour. NEW BUSINESS COMMITTEES During a discussion with respect to Committees of Council, the Chief Administrative Officer agreed to review the files on Committees, and submit a report to Council. The Audit Committee, and Special Needs Committee for tile Handicapped were discussed. FIRE LANES IN PLAZAS Alderman Cheesman discussed Fire Lanes in the City being difficult to recognize during winter months, and suggested that this matter be referred to Staff for consideration and attention if required. NIAGARA FALLS ECONOMIC DEVELOPMENT AGENCY - MONTHLY REPORT Alderman Puttick initiated a discussion regarding the Monthly Report of the Economic Development Agency, for December 1985, with particular attention to the items Toyota, and Existing Businesses. The Chief Executive Officer will submit a report on this matter. During the discussion a question arose concerning a scheduled meeting between Council, the Economic Development Agency, and the Niagara Regional Development Corporation. Mayor Smeaton advised that a report would be submitted regarding this matter. OUTSTANDING COUNCIL MATTERS Aidenan Covtlle referred to a handout report on outstanding Council matters, and requested a report on Farm Drainage, and the Cleaning of Ditches in Willoughby/Crowland Townships. The Director of Municipal Works advised that a report ~9~uld he forthcoming 'on January ZTth, 1986. -8- ITEMS OF INTEREST Alderman Janvary discussed the following items of interest: 1) The Regional Niagara Public Works Department communication regarding Water/Sewage Flows - a report was requested for the next meeting of Council respecting budget estimates on sewers, and whether this was "over budget". 2) Appreciation Night/John E. Campbell. It was suggested that the City of Niagara Falls should be represented at this event. 3) Firemen's Park Christmas Tree Burning. Alderman Janvary suggested that a letter of appreciation be forwarded to the Stamford Volunteer Firemen's Association regarding the success of the event. Alderman Cunmings expressed appreciation to the Fire and Engineering Departments for their assistance. 4) Mr. William 'Soup" Campbell/Recognition- The matter of recognition for the late Mr. Campbell, and the possibility of naming the Running Track at Oakes Park in his honour, is being referred to the Civic Committee for consideration. NIAGARA FALLS WATER TREATMENT pLANT/CHIPPAWA Alderman Pay initiated a discussion with respect to the proposed Provincial pilot project of installing a carbon treatment program at the Niagara Palle Water Treatment Plant in Chippaws. ORDERED on the motion of Alderman Pay, seconded by Alderman Coville, that the matter be referred to Staff to contact the Regional Municipality of Niagara and the Province in order to ensure that sufficient funding is available, and that the project is installed and followed-up at an early date. Carried Unanimously. POSSIBLE PERSONNEL COMMITTEE The Chief Administrative Officer suggestdd that the reports for submission to Council regarding the aforementioned be taken in two steps: 1) A report dealing with the concept of a Personnel Committee, and possible shortcomings of the present system; 2) A report to establish guidelines. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the recommendations of th~ Chief Administrative Officer be endorsed. Carried Unanimously. MENECHELLA BUILDING/VICTORIA AVENUE Alderman Orr requested that a report be submitted regarding the aforementioned building, the information to include the result of the fire inspection, landscaping, and the second storey. CY McGUIGAN Mr. McGutgan questioned the wording of the advertisement in the local newspaper regarding applications for the Plumbers Examining Board, The matter was referred to Staff to obtain the required information for Mr. McGuigan. It was moved by Alderman Puttick, seconded by Alderman Hinsperger, that th ~ meeting adjourn· Carried Unanimously. R~AO ~ AI~PTED, MAYOR S · SMEATO~ ~,, Mr. Parisi stated that in order to expand the motel the parking area would ~ also need expansion, and this would require additional land. SIXTH MEETING PLANNING/REGULAR MEETING Council Chambers January 13, 19~6 Council met on Monday, January 13th, 1986, at 7:30 p.m. for the purpose of considering Planning Matters and regular business. All members of Council were present. 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 January 6th, 1986, be adopted as printed. Carried Unanimously. REPORTS - PLANNING MATTERS No. 10 - (PD/6/86) - Chief Administrative Officer - Re: OPA 151 & AM-13/85 Official Plan and Zoning By-la~ Amendments; Applicant - Harold Parist - Rex Motel, 6247 McLeod Road. The report recommends the following: 1) That Council support the proposed amendments to the Official Plan and Zoning By-law as detailed in Planning Department Reports PD/1/86. 2) That Staff be directed to prepare the appropriate Official Plan and ZOning By-law Amendments and Site Plan Control By-law for enactment at a subsequent Council meeting; His Worship Mayor Smeaton stated that this was a Public Meeting to consider the proposed Zoning By-law Amendments, and asked the City Clerk to explain the proposal. The Clerk advised that the proposal would amend the Official Plan by applying a Special Policy area designation on the lands to permit the consideration of a Zoning By-law which would recognize an existing motel use and zone the lands from TRM to NC (Neighbourhood Commercial) permitting it, and the building thereon, to be used for the retailing of video cassette movies. He further explained that the by-law would also permit other l~mited Neigbbourhood Uses to be developed in the future. The Clerk advised further that the Notices of the Public Meeting had been mailed, and notification had been published in the Niagara Falls Review, on December 13th, 1985. His Worship Mayor Spaeaton asked if the Applicant, or his A~ent, was present, and received a positive response. He requested a show of hands from persons present for, or against, the application, and received a positive response. Mayor Smeaton requested that all persons wishing to receive further notice of the passing of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. He advised that all interested persons would have an opportunity to speak. - AND - Communication No. 14 - Regional Nia ara Planning & Development Department - Re: Preliminary Application AM-I3/gb, ~otel & Video Outlet, McLeod Road, west of Drummond Road. The communication advises that the site was "too small to permit any significant expansion of the existing motel" and "the use of these lands for local commercial purposes would be preferable to an expanded motel" and stated that the Regional Planning staff was not opposed to this proposal. The Planning Director reviewed the proposal, and discussed the subject lands with the assistance of a posted sketch. He explained the Existing Land Use; Comments from the Notification Process; Official Plan; Zoning, Assessment of the Site Plan and of Neighbourhood Commercial Development; as outlined in the Technical Report. Mr. Robert E. Jackson, 6465 Wendy Drive, referred to a number of video outlets being located in the area, and expressed his concerns with respect to the future use in terms of the commercial aspect should the proposed video use not become a viable use. The Planning Director reviewed the 6 permitted uses for which the proposed amendment provides. Mr. Jackson expressed no objection to these uses. The Planning Director responded to questions raised regarding regulations with respect to non-conforming uses, and available parking. - 2 - Mayor Smeaton received a negative response to his request for further con~nents, and therefore declared the Public Meeting closed. ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No. 11 - (PD/7/86) - Chief Administrative Officer - Re: OPA 126 & AM-16/85 Official Plan and Zonlng Bv-Iaw Amendments; Applicant - J. Brigis, South Side of Mountain 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's Report PD/21/85; 2) That Staff be directed to prepare the appropriate amendments for enactment at a subsequent Council Meeting; 3) That as a condition of approval and an agreement with the Municipality, the applicant/owner of the lands be required to connect to municipal services when they become available. -~ND- Co~nunication No. 15 - Regional Niagara Planning & Development Department - Re: Preliminary Application AM-16/85, Proposed Restaurant & Gas Bar, Mountain Road & the Q.E.W. The communication discusses the amendments required to permit the application; the municipal services required under the Official Plan, and the intention of the Applicant to install a septic tank and tile bed system; and advises that the Regional Planning Staff is not opposed to the proposed Official Plan and Zoning By-law Amendments to allow the proposed development without full municipal services, and the Regional Public Works staff have no objections. His Worship .Mayor Smeaton explained the procedure under the Planning Act of 1983, and declared the Public Meeting open. The City Clerk stated that the proposal would amend the Official Plan by replacing an existing Official Plan Policy requiring developments within the Mountain Road area to be serviced by municipal systems, a statement allowing servicing considerations by alternative schemes. He further stated that the Official Plan and Zoning By-law Amendments would permit and limit a 2.91 hectare site to be developed for a 50 seat restaurant and gas bar. The Clerk advised that the Notices of the Public Meetlng had been mailed to interested residents and notification placed in the Niagara Falls Review on December 13th, 1985. In response to Mayor Smeaton's inquiry, Mr. Brigis indicated his presence, and stated that he was not represented by legal counsel. There was a negative response to ,Mayor Smeaton's request for an indication of persons present who were for, or against, the proposal. His Worship Mayor Smeaton advised that all 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 proposal and the subject lands with the assistance of a posted sketch. Be reviewed the information contained in the Technical Report respecting the Official Plan Amendment, Zoning By-law Amendment, Background information, and the Planning Review. Mr. Brigis advised that he had received approval from the Ministry of the Environment. He indicated that he was agreeable to the third reco~nendation in Report No. PD/7/86, which is to connect to the municipal services ~hen they become available. Following a Brief discussion it was Ordered on the motion of Aldemnan Orr, seconded by Alderman Pay, that the report ~e received and adopted. Carried Unanimously. No. 12 - (PD/8/86) - Chief A~ministrative Officer - Re: N/C/84-85/146 Niagara Escarpment DevelopsonE'Permit Application - Pine Tree Village Mobile Home Park. The report recommends the following: I) That Council not support NEC application N/C/84-85/146; 2) That the applicant, Mr. Cian~attolo, and the' Niagara Escarpment Comission be advised accordingly. His Worship Mayor Sineaton advised that this was a Public Meeting to consider the Application. The Clerk stated that the Niagara Escarpment Commission Development Permit Application was to facilitate the expansion of the existing mobile home park by 9 units, from 45 to 54 mobile ho~e lots, and to enlarge the existing sewage lagoon system. He advised that Notice of the Public Meeting had been mailed on December 13th, 1985. ' - 3- - AND - Con~nunication No. 16 - Regional Niagara Plannin & Development De artment - Re: N.E.C. Development Permit Application N/S/84-85Y146, Pine Tre~bile Home Park, Mewburn Road, south of the C.N.R. The communication advises that the Regional Planning Department cannot support an expansion of the Mobile Home Park. In response to Mayor Smeaton's request for an indication of persons present who were interested in the application, Mr. Malcolm A. Stockton, Solicitor, advised that he was representing the applicants; and a number of persons indicated their interest. Mayor Smeaton asked persons wishing to receive further notice of passage of the by-law to submit their names and addresses to the Clerk prior to leaving the meeting. The Planning Director discussed the location of the subject lands with the assistance of a posted sketch; reviewed the information included in the Technical Report in terms of Background, Existing Land Use, Official Plan, Zoning by-law, Regional Policy Plan, Services, and the Provincial Guidelines for Mobile Homes. He stated that one formal response to notification had been received, from Mr. A. Iseppon. The Planning Director discussed the inadequacy of the water supply system, and recommended that the application not Be proceeded with. Mrs. Ken Yates, Unit 52 spoke in favour of the application. She stated that there had been no water problems in the past 3 years. In response to Mayor Smeaton's request for comments from persons opposed to the application, Mr. Tom Domonkos, Unit 10, advised that he represented a number of families in the trailer park who were opposed. He discussed highly chlorinated water, and lot sizes. Other persons opposed to the application were Dr. and Mrs. D.L. Chew represented by Mr. Barr, Solicitor; Mr. A. Iseppon; Dr. Robert Martin; Mrs. 3can LaFrenler, Unit 45; and Mr. Keyin Novak, Unit 21, and others. Mr. Iseppon discussed the "over-spraying" of the effluent in the sewage lagoon, and the unpleasant odour emitting from the site. He referred to the regulations of the Ministry and suggested that an expansion to the trailer park would increase the present problem. Mr. Stockton, Solicitor for the applicant, agreed that problems do exist, and that one of the reasons to expand is to increase the income from the park in order to sustain a more viable operation. He referred to increased taxes, as well as maintenance problems, and suggested that improvements at the site would be beneficial to all. Mr. Stockton stated that the only other alternative is to increase the rent. He referred to a certificate received from the Ministry of the Environment in July 1985, which approves of an expansion subject to certain specifications which have not been made, pending approval by Council. Mr. Stockton stated that the lot sizes meet the requirements of the Province. He further stated that "certain aspects of the City Staff report are a little fuzzy regarding' the adequacy of the water system. Mr. Stockton discussed a report dated January 2rid, 1986 which referred to the "acquafirm in relation to the landfill site' on the northern side of the property. He stated that this was a concern for the existing facility. He suggested that the matter be tabled untll assessments are completed, and problems are resolved. Mr. A1 Giammattolo, and Mr. Vince Grano, owner and operator of the Pine Tree Village Mobile Home Park, responded to questions raised regarding the sewage lagoon, the intended expansion, and the quality of the water, Alderman Puttick expressed opposition to the fifth paragraph, page 5 of the Technical Report, being included. The Report states "that the City has been assessing the existing sanitary landfill site and the opportunities for vertical expansion and resulting impacts upon the environs. This assessment is not complete hut will be available in the near future". It was requested that this objection be recorded. ORDERED on the motion of Alderman Orr, seconded by Alderman Campbell, that the matter be tabled until problems concerning the adequacy of the water supply system, the sewage system, and sanitary landfill site are completed. The motion Carried with the following vote: AYE: NAYE: Aldermen Campbell, Cheesman, Coville, Hinsperger, Hopkins, Janvary, Orr, Pay, and Puttick. Aldermen Baker, O~ings, and Harrington. No. 13 - (PD/9/86) - Chief Administrative Officer - Re: ST-93 - 1986-87 Commercial Area Improvement Program. 'fne report recommends the following: 1) That Staff commence the preparation of a 1986-87 CAIP Application for funding assistance from the Ministry of Municipal Affairs for improvements in a three block area in the Downtown Central Business District; - 4 - 2) That Staff investigate what impact participation in this program may have on the City~s Budget; 3) That a special meeting of the Downtown Revitslization Steering Committee be convened on Wednesday, January 22, 1986 at 4:30 p.m., Rooms 2 & 3, City Hall with all Council members, to consider the proposed application and financial impacts- The Planning Director replied to questions raised regarding the time frame required to prepare the CAIP Application, the procedure followed in these instances, and informational participation from business people. The Chief Administrative Officer advised that the suggested meeting time should be 5:00 p.m. Following further discussion, it was moved by Alderman Pay, seconded by Alderman Cheesman, that the second recommendation in the report be amended to read: "That Staff investigate what impact participation in this program may have on the City's Budget, and identify all the projects in the entire City which may be affected by this application". Carried UnanimouslY. ORDERED on the motion of Alderman Herrington, seconded by Alderman err, thai the amended report be received and adopted- Carried Unanimously. No. 14 - (PD/9/86) - Chief Administrative Officer - Re: Implementation of the Queen Street (Erie Avenue to Ontario Avenue) Redevelopment Plan: C.A.I.P- 2. The report recommends the following: 1) That Council give early budget approval to C.A.I.P- 2 financing as follows: (a) a specific allocation of $150,000.00 in the 1986 current operating budget; and (b) a $100,000.00 specific allocation from the "1986 contribution to capital spending" that is included in the 1986 current operating budget; 2) That Council authorize Staff to engage the services of an engineering consultant to design and administer the contract for hard services identified in the approved Queen Street (Erie Avenue to Ontario Avenue) Redevelopment Plan; 3) That the necessary by-laws authorizing the agreement between the Ministry of Municipal Affairs and the City be prepared for Council approval at a subsequent meeting. A discussion followed regarding the possibility of Staff personnel being available to design and administer the contract for hard services specified in the recommendations. The Director of Municipal Works advised that resources are not available at the present time. ORDERED on the motion of Alderman Chessman, seconded by Alderman err, that the report he received and adopted. C~rried Unanimou~ly! UNFINISHED BUSINESS PROPOSED AMENDMENT TO ZONING BY-LAW NO. 79-200 COM~UNICATION FROM CHAMBER OF COP~4ERCE Communication No. 17 - The Chamber of Commerce Nia are Falls, Canada - Re: T. Gordon Wyllie - Proposed Amendment to Industrial & Commercial Section of Zoning By-law No. 79-200. The communication supports the comments of Mr. Wyllie that Staff be directed to review the proposed amendments, and asks that the City's Planning Staff be given the necessary instructions to clarify and resolve the problems referred to by Mr. Wyllie. Mr. Wyllie was in attendance at the meeting, and stated that his request was for a "housekeeping" action, and suggested the Director of Buildings and Inspections was responsible for interpreting the context of By-law No. 79-200. The Planning Director referred to a previous report on this matter, and stated that zoning by-laws are not to be lntrepreted with any discretion. He advised that the guidelines of the Ministry, which had been reviewed, clarified what would be permitted in this matter. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman, that the matter be referred to Staff for an explanation to the Chamber of Commerce, and the preparation of a report. Carried Unanimously. SOVIET INVASION OF AFGHANISTAN- DECEMBER 27, 1978 COMMUNICATION TO ROB NICHOLSON, M.P. FROM MAYOR SMEATON Communication No. 18 - Mayor Smeaton - Re: Soviet Invasion of Afghanistan. communication to Rob Nicholson, M.P. expresses the concerns of Council with 5 respect to the apparent violation of an existing Nation's right to self government and its right to long established boundaries, and rights to live under a Government structure of their own choice; and requests the Parliament of Canada to impose economic sanctions against the Soviet Union to the extent necessary to return self government to the people of Afghanistan. Alderman Harrington requested that the fifth paragraph be amended to read: "Although Soviets are calling the current onEninE conflict within Afghanistan boundaries as a Civil War, it seems evident that Soviet military intervention has intensified the conflict through the use of modern military warfare". Following a brief discussion it was moved by Alderman Puttick, seconded by Alderman Cummings, that Mayor Smeaton's letter, amended as aforementioned, be forwarded to Mr. Rob Nicholson, M.P., for his comments. It was further recommended that upon receipt of Mr. Nlcholson's comments, the matter be reconsidered by Council. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Coville, Cummings, Harrlngton, Hinsperger, Hopkins, Janvary, Pay, and Puttick. NAYE: Alderman err. COMMUNICATIONS No. 19 - Kidney Foundation of Canada - Re: 1986 Campaign - March lq86. The communication asks Council to endorse the 1986 Campaign. ORDERED on the motion of Alderman Pay, seconded by Alderman Janvary, that the request be approved. Carried Unanimously- ~ No. 20 - Niagara Falls Satellite Cha tar OACLD/YWCA of Niagara ~alls - Re: "Public Awareness Days". The commun~cation request that February'?~'ITth to 28th, 1986 be proclaimed "Public Awareness Days" for the Niagara Falls Chapter of the Association for Children & Adults with Learning Disabilities. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the request be approved subject to established policy. Carried Unanimously. No. 21 - Chamber of Commerce of Niagara Falls, Canada - Re: Flea Markets. The communication expresses concern regarding the Flea Market on Drummond Road, and requests information with respect to Jurisdiction related to issuing of the licence. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that a written explanation be prepared for Council's perusal. Carried Unanimously. No. 22 - P.D. Sullivan, Solicitor - Re: 6068 Dixon Street. The communication reviews the background, and concerns regarding the aforementioned property. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and referred to Staff for comments to Mr. Sullivan. Carried Unanimously- REPORTS No. 15 - Chief Administrative Officer - Re: Ontario Neighbourhood Improvement Program - Chippaws. The report recommends that Council pass the by-law which is on tonight's Council agenda, to amend the redevelopment plan for the Chippawa area. ORDERED on the motion of Alderman Hinspsrger, seconded by Alderman Baker, that the report he received and adopted. Carried Unanimously. See By-law No. 86-8. No. 16 - Chief Administrative Officer - Re: City Construction on Continuous Upswing - Buildings & Inspection's Department Report for December 1985. The report provides information regarding Permits issued, and Highlights for December 1985, as well as January proposals. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the report be received and filed. Carried Unanimously. No. 17 - Chief Administrative Officer - Re: Roof Improvements to Niagara Falls Memorial Arena. The report recommends that funds up to an amount of $12,000.00 which were to be proposed for the 1986 Budget, be approved for carrylag out immediate roof improvements to ensure the safe operation of the exit doors at Niagara Falls Memorial Arena. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Baker, that the report be received and adopted, Carried Unanimously- - 6 - No. 18 - Municipal Works Committee - Committee Reports- The report recommends the following: 1) 1986 Ontario Good Roads Association Conference - February 23-26, and Municipal Engineers Association Annual Meeting ' February 24, 1986 - It is recommended that: 1) One member of Council and two members of Municipal Works Staff be authorized to attend the 1986 Ontario Cood Roads Association Conference from February 23-26, in Toronto, at a total estimated cost of $1,300.00; 2) One member of Municipal Works Staff be authorized to attend the Municipal Engineers Association Annual Meeting on February 24, 1986, at an estimated cost of $350.00; 2) C.A.I.P. 2 - Queen street from Erie Avenue to Ontario Avenue Engineering Consultant - It is recommended that authorization be granted to engage DeLCan, De Leuw Cather (Canada) Ltd. to provide engineering services, to include design and contract administration, for the hard services portion of the C.A.I.P. 2 - Queen Street from Erie Avenue to Ontario Avenue project- 3) Snowplowing Difficulties - It is recommended that approval be given to place newspaper advertisements reminding the parking public that it is contrary to the Highway Traffic Act to park to block snowplowing; and to inform the public that vehicles parked contrary to these regulations may be towed at the owners' expense. ORDERED on the motion of Alderman Puttick, seconded by Alderman Minsperger, that the report be received and adopted. Carried Unanimot~sly- No. 19 - Chief Administrative Officer - Re: 1985 Sewage Flows. The revised report provides background information regarding the 1985 Sewage Flows and recommends that the informational report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No. 20 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $487,012.78 for the one week period ending Monday, January 13, 1987, be approved by the passing of the by-law appearing later on the agenda. Alderman Campbell declared a conflict of interest on Cheques No. 14049, 14067, and 14182 because the organization is a client. Alderman Chessman declared a conflict of interest on Cheques No. 14080 and 14182 because msmbers of his family are involved in the organizations. Alderman Cummings declared a conflict of interest on Cheque No. 14144 because a member of his family is involved in the program. Alderman Marrington declared a conflict of,interest on Cheque No. 14227 because he is employed by the Board. Alderman Hinsperger declared a conflict of interest on Chequea No. 14060 and 14068 because he is employed by the company. Additional information was provided on Cheque8 No. 14050, 14071, 14087, 14088, 14137, 14168, 14220, 14221, and 14227; and further information was requested on Cheque8 No. 14104, 14109, and 14199. ORDERED on the motion of Alderman Janvary, seconded by Aideman Baker, that the report be received and adopted. The motion Carried with Aldermen Campbell, Chessman, Cummings, Herrington, and Hin8perger abstaining from the vote on 0 Cheque8 No. 14049, 14067, 14182, 14 80, 14182, 14144, 14227, 14060, and 14068, consecutively, on conflict8 of interest previously recorded. No. 21 - Chief Administrative Officer - Re: Municipal Handbook. The report recommends that Coundil determine if it wishes to have the Municipal Handbook updated and reproduced at an estimated cost of $2,250.00 for five hundred (500) or $3,250.00 for one thousand (1,000) copies. ORDERED on the motion of Alderman Cummings, secondedby Alderman Cheesman, that the report be received and adopted. The motion was Defeate~ with the following vote: AYE: Alderman Baker, Cheesman, Coyills, Cummings, Janvary, and Orr. NAYE: Mayor 8meaton, and Aldermen Campbell, Harrington, Hln8perger, Hopkins, Pay, and Puttick. 7 Following a brief discussion, it was moved by Alderman Pay, seconded by Alderman Puttick, that the report be referred to the Finance Committee for consideration- The motion Carried with the following vote: AYE: Aldermen Baker, Cummings, Harrington, Hinsperger, Hopkins, Janvary, Pay, and Puttick. NAYE: Aldermen Campbell, Cheesman, Coville, and Orr. Nov. 22 - Chief Administrative Officer - Re: Appointment to Plumbers' Examining Board. The report recommends that a person be appointed to the Plumbers' Examining Board for the years 1986, 1987 and 1988. ORDERED on the motion of Alderman Orr, seconded by Alderman Puttick, that Mr. E. "Ted" Canham be appointed to the Plumbers' Examining Board for the years 1986, 1987, and 1988. The motion Carried with the following vote: AYE: Aldermen Baker, Cheesman, Covtlle, Harrington, Hinsperger, Hopkins, Janvary, Orr, Pay, and Puttick. NAYE: Aldermen Campbell, and Cummings. No. 23 - Chief Administrative Officer - Re: Appointments to Non-Profit Housing Corporation. Aldermen Coville, Ninsperger, and Orr volunteered to continue serving on this Corporation. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that Aldermen Coville, Hinsperger, and Orr be appointed to the Non-Profit Housing Corporation for the years 1986, 1987, and 1988. Carried Unanimously. No. 24 - Mayor William S. Smeaton - Re: Aldermenlo Appointees - Economic Development Agency. The report reviews the background information with respect to appointees to the Economic Development Agency, and recommends that Council authorize its representatives to the Agency to request that any revisions to the by-laws of the Organization retain provisions for appointees of the Municipality as currently p ovided: namely, the Mayor, 2 representatives of Council and the Chief Administ~ativ~ Officer. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report he received and adopted, and the status quo maintained. Carried Unanimously. Verbal Report - Fire Chief Dave Kemp - Re: Emergency Plan. The Fire Chief presented a report ~ith respect to the emergency exercise which took place in December 1985, with coordinated participation by 4 hospitals, ambulance service, Niagara Regional Health Unit, the Fire Department, Police Department, and City Staff. The Fire Chief was commended for his efforts in the emergency exercise. BY-LAWS ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 86-7 - A by-law to provide for the remuneration of members of the Council. No. 86-8 - A by-law to amend the Redevelopment Plan for the Chippaws Redevelop- ment Area. No. 86-9 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell, Chessman, Cummings, Marrington, and Hinsperger a"~[e~ing from the vote on By-law No. 86-9, on conflicts of interest previously recorded in Report No. 20; 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. 86-7 - A by-law to provide for the remuneration of members of the Council. No. 86-8 - A by-law to amend the Redevelopment Plan for the Chippaws Redevelop- ment Area. No. 86-9 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell, Cheesman, Cummings, Marrington, and Hinsperger abstaining from the vote on By-law No. 86-9, on conflicts of interest previously recorded; and all others voting in favour. NEW BUSINESS STAFF SPEAKERS AT SCHOOLS Alderman Cummings referred to the Clerk's recent participation and lecture at A,N, Myer School and encouraged all Senior Staff to participate in this manner when the opportunity arisea ..... 8 -8- NIAGARA RIVER pOLLUTION Alderman Cummings referred to action taken in November 1985 recommending that a meeting be scheduled with Mayors of Municipalities along both sides of the Niagara River, to discuss problems of pollution, and attempt to achieve a solution through a unified appeal to State, provincial and Federal authorities. Mayor Smeaton advised that meetings have been held with Mayor O'Laughlin of Niagara Falls, N.Y-, and Staff has been assigned to work through this community and conmunities across the River. He further advised that another meeting has been scheduled, that mechanical problems were anticipated in coordinating the communities and agencies, and further, that Council will be made aware of progress in the matter. POLICY FOR GRANTS Alderman Harrington initiated a discussion regarding the possibility of setting up a formal policy to be followed by organizations and groups requesting grants from the City. It was suggested that this procedure be initiated. It was moved by Alderman Puttick, seconded by Alderman Hopkins, that the meeting adjourn. Carried Unanimously. s. SEVENTH ~FTI~G Committee Room January 20, lq86 CO~9[ITTEE OF T~E WHOLE Council met on Monday, January 20th, 1986 at 6:30 p.m. in Committee of the Whole. All members of Council, with the exception of Aldermen Orr, and Puttick, were present. Alderman Pay presided as Chairman. Following consideration of the arose without reporting. ~ ~ ~PTED, ff RE ,resented, the Committee of the Whole YOR WILL S. SN. EATON TING Council Chambers January 20, lq86 Council met on Monday, January 20th, 1986 at 7:30 p.m. for the purpose of considering general business. All members of Council with the exception of Aldermen Orr, and Puttick, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Pay offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the minutes of the meeting dated January 13th, 1986, be adopted as printed. Carried Unanimously. DEPUTATIONS NIAGARA TRANSIT - COMMUNICATION - PROPOSED OFFICES No. 23 - Niagara Transit - Re: Proposed Offices. The communication asks Council's approval to proceed with construction of an office wing to be attached to the present Niagara Transit terminal, and requests funding for the balance of the capital cost in the amount of $87,000 as outlined. Niagara Transit was represented by Mr. Hugh Hart, Chairman; Mr. Kenneth E. Dubois, Mr. Rudolph Meuser, and Mr. Guy Prata, Members of the Commission; Mr. J.T. McMahon, Manager, and other members of the Niagara Transit Staff. Mr. Hart reviewed the communication and responded to questions raised regarding the immediacy of the need for financial assistance in connection with the proposal, the present office facilities in City Hall, and projected require- ments. -.' Mr. D.N. Chapman, Chapman Murray Associates, replied to questions raised with respect to the anticipated completion date of the project, as well as required furnishings, and estimated cost. The Chief Administrative Officer indicated that the present office facilities of the Niagara Transit were required for City Staff. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that approval be given to proceed with funding, as requested, for the proposed construction of offices for Niagara Transit. Carried Unanimously, SUMMER OLYMPICS IN NIAGARA FALLS Mr. Donald B. Clark, 293 East 31st Street, Hamilton, discussed the depressed economy in the Niagara Region and submitted a proposal to reverse the economic trend with the possibility of the 1996 Summer Olympics being held - 2 - Jointly in thi~ area, ar~ across r~e P!ver. ~ Statted t~'~t ~ -" at ~ eariT ~te. ~r- C!~rk respo~d~ to queBtfo~ raiser re~ar~f~ f~e!~e~ of other muni~tp~fftfet, ~ fu~f~ of reeufre~ fecf!itfe~- O~E~D o~ t~ ~otf~ of Alders'PaY, secon~ ~ ~lde~ C~f~g~, approval ~ ~iven to su?port the proposal, ~d ~t~ctin~ the ~e~r~tio~ Depart~nt to assist wtE~ r~uir~ i~o~tioa- ~ ~otioa w~ Defea[ef the foldwing vote: AYE: Alleges ~r, C,~ing~, ~opkin~, ~d PaY. HAYE: Aldermen C~ll, Chee~, ~villa, Rarrington, ~perger, Janvary- No. 24 - Niagara Falls ~ig ~ister Association - Ee: 'Ei~ ~ister ~eek'- c~lnicatfon requests ~u~cil to procl~ t~ we~ of Febr~rF 9th to ~986, ~ 'Big Sister Week'. OBEP~D on the ~otion of ~de~n ~ees~n, ~conded ~Y ~de~n C~in~s, that the co~nicati~ ~ received aM t~ request approv~ subject to establishe~ policy. Carried U~nim~usly- No. 25 - Mrs. Grace Patrick - ~e: Garden Eros. Circus. The co~unication expresses concerns regarding the Circ~ ~hich is sche~ul~ for April 2~th to 26th, 1996 in the Niagara Palls Memorial Are~. 0P~E~D on the motion of Alde~an C~in~s, seconded ~F Alde~an Pay, that a suitable reply ~ forwarded to Mrs. Patrick, ~ that her concerns ~ conveye~ to the H~ne Society. Carried UnaMmo~l~. No. 26 - City of Toronto - Re: Voting Hours in Municipal Elections. ~e conmntcatton advises of a resolution to the Provincial Oove~ent requesting that the ~cessar~ legislation ~ passed to alter votin~ hours in Municipal elections from 9:00 a.m. to 8:00 p.m., and suresis that a similar resolution passed. ~e Clerk explained the differences in work hours ~tween the various urban centrex, d fifefences in Federal, Provinci~ and Municip~ remuneration to polling station personnel, as well ~ the work requirements, and reco~ended that the resolution ~ received and filed. O~E~D on the motion of ~der~n C,,~{ngs, seconded ~y ~der~n Pay, that the commnication ~ received and filed. Carried Unanimously. No. 27 - Howard Phee, Kinsmen National President - Re: Advertising in KIN ~gazine. ~e co~aication requests Council's approval of an advertisement the KIN Bgazine. 0PSE~D on the motion of ~de~n C,,~ings, seconded ~y ~de~n Pay, that the commnication ~ received and filed. Carried Unanimously- No. 28 - ~icMrd Allen, P~., M.P.P. - Re: Viewing of ~lley's Comet. The eommnlcation advises of an appeal to Premier Peterson that a worki~ group ~e convened to coordinate a~Jor reduction in lighting of Ontario's ~]or urban areas on ~elected ~ghts in mid-Mare~ and mid-April in order to facilitate the viewing of Halley'~ Co~t, and suggesting that local arrangements ~ O~E~ on the motion of Alder~n C,,~tngB, ~eeonaed ~y Alde~an Hinspe~ger, tMt the ~eation ~ received add filed. Carried Unanimously. No. 29 - Ernest J. Weber - Re: Nuclear Weapons Escalatfon. ~e eo~unication O~E~D on the motion of Alders Pay, seconded ~y ~deman Hinsperger, that thef ~o~u~catioa ~ received and filed. Carried Unanimously. REPORTS No. 25 - Municipal Works Committee - Re: Basement Flooding. The report recommends the following: 1) That funds be placed in the appropriate City budget in 1986 to cover the City's portion of the cost of the storm sewer works required to disconnect nine catchbasins presently connected at various locations to a section of the combined sewer system located at Stanley Avenue from the intersection of Stanley Avenue and Ramsey Road to the intersection of gtanley Avenue and~ HcLeod Roadl 2) 3) 4) That Niagara Parks C_~I~mission ~e recues~,ed to disconnect c-':-tc~-~si?s -{n-= perforated pipes located on Oakes Hail lands fr,'m the Citv's co-bin~= sewer system; 5) _'fnat the sanitary or combined sewer system in ChiD~kqwa !k- s,u-~ke tested: 6) _~'h. at the City - (a) implement a program for the mxrpose of reJecing the nu-ber ~ private minor sources of extraneous flows into the Chippaw~.' sanitary sever system; (b~ under~Tite the cost of this program; (c) undertake the work required to eliminate this private source extraneous flows with City forces: (d) limit the initial progra- to alterations to existirkc do~ms~ov. ts to eliminate drainage problems related to outside k~semen[ stairwe!is. to eliminate drainage problems related to ~indow wells. and capoi?~e items such as cleanouts, and attempt to eliminate drainage from sunken garage entrances to the sanitaD' sewer system: (e) develop a public program to gain the interest of local property (f) extend this program to other areas of the City if proven successful in this area; 7) That an engineering technician be hired for a one-year rk~riod on a contract basis for the purpose of providing technical input into, and coordinate. the sanitary sewer extraneous flow reduction program recommended in this report; 8) That the registration of plans of subdivisions and the processing of major rezoning applications be held in abeyance in the Chippaws area until substantial reductions in sewage flows in this system have been achieved or other means have been developed to dispose of sanitary sewage from this area. Alderman Hlnsperger pointed out that particular attention should be ~id to Recommendation No. 8, in terms of future subdivision applications. ORDERED on the motion of Alderman Hinsperger, seconded hv Alderman J anvary~ thai the report be received and adopted. Carried Unanimously, No. 26 - Chief Administrative Officer - Re: Repairs to Grader ~21°· The report provides background information regarding repairs approved and completed on Grader ~219, and recommends that this advisory report be received and filed. ORDERED on the motion of Alderman Baker, seconded hv Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 27 - Municipal Parking & Traffic Committee - Re: Membership - Municipal Parking and Traffic Committee. The report recommends that a letter be forwarded to the various organizations listed in this report requesting that each organi- zation appoint representatives to serve on the Municipal Parking and Traffic Committee for the full term of this Council, and that a list of appointed members be made available to Council at a future meeting. Alderman Chessman advised that a complaint regarding the routine parking of vehicles on streets overnight was being referred to the next meeting of the Parking & Traffic Committee. ORDERED on the motion of Alderman Cummings, seconded hy Alderman Hinsperger, that the report be received and adopted. Carried Unanimously- No. 28 - Chief Administrative Officer - Re: Site Plan Approval, Proposed Souvenir Store wlth Second Floor Apartment - Lundy's Lane (north side, across from "U" Haul). The report recommends that the Councll approve the site plan on dlsplay at tonlght's meeting, beln8 a proposed souvenir store, and the site plan being drawing number 1, and filed with the Buildings and Inspections Department of the City of Niagara Falls on January 17th, 1986, and that such approval be subject to the conditions outlined in the report, , . , , 4 The Deputy Buildings and Development Coordinator responded to questions raised concerning the adequacy of buffering for the proposed parking facility- ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried UnanimouslY. No. 29 - Chief Administrative Officer - Re: Site Plan Approval, Proposed 11 Unit Apartment Building, Drummond Road (south west corner of Morrison Street). The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed apartment building, and the 8its plan being drawing number S1, and filed with the Buildings and Inspections Department of the City of Niagara Falls on January 17th, 1986, and that such approval be subject to the conditions outlined in the report- Mr. Michael DiCenzo, the owner, was in attendance, and advised that he was in agreement with the recommendations in the report. ORDERED on the motion of Alderman Chessman, seconded by Alderman Janvary, that the report be received and adopted. Carried UnanimouslY. No. 30 - Chief Administrative Officer - Re: Lot 39, Plan 28, West Side of Glenholme Avenue North of High Street. The report recommends that Council authorize the sale of Lot 39, Registered Plan No. 28, located on the west side of Glenholme Avenue, for $8,000.00 plus survey costs, if a survey is required- Alderman Coyills declared a conflict of interest because she is a member of the Niagara Falls - Port Erie Real Estate Association- ORDERED on the motion of Alderman Cummings, seconded by Alderman Rinsperger, that the report be received and adopted. The motion Carried with Alderman Coville abstaining from the vote on a conflict of interest ~reviously recorded, and all others voting in favour. See By-law No- 86-12. No. 31 - Chief Administrative Officer - Re: Bingo Lottery Operations- The report provides background information regarding the hiring of a Lottery Licensing Inspector in July 1985, and his subsequent resignation from the position in October 1985; the concern of the Inspector regarding high prize boards offered by many groups; the meeting with representatives of bingo operations, hall owners, managers, press, Council and Staff, and the upcoming meeting scheduled for February 2, 1986; and recommends that the contents of this report be noted and that it be received and filed. Mr. Wayne Fowler, Staff Worker with the Holy Family Niagara Youth Centre, expressed concerns regarding the present lack of a Lottery Licensing Inspector, and subsequent lack of scrutiny of bingo operations in the City of Niagara Falls, except for visits by the City Clerk. He discussed his concerns in connection with the 15% allowance for expenses, and recommended that this should include promotional advertising, an honorartum to cover the expenses of volunteers, the $35.00 license fee, payment for'a "caller", and in fact all expenses. Mr. Fowler suggested that an Advisory Board be initiated through the Clerk's Department. He conveyed his concern that the operation would be managed by persons without knowledge of the bingo business, and without representation at Council. Mr. Fowler discussed the unique problems with respect to holding bingos in a "border city" in terms of exchange rates. He expressed the 'opinion that an Inspector should be a local resident, involved in charities, and with some knowledge of local bingo halls. ORDERED on the motion of Alderman Janvary, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No. 32 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $966,057.91 for the one week period ending Monday, January 20th, 1986, be approved by th~ passing of the by-law appearing later on the agenda. Alderman Campbell declared a conflict of interest on Cheque Nos. 14270, and 14434 because the organization is a client; and a conflict of interest on Cheque No. 14290 because he is a member of the organization. -5- Alderman Cummings declared a conflict of interest on Cheque No. 14293 because a member of his family is involved in the program. Alderman Hinsperger declared a conflict of interest on Cheque No. 14241 because he is employed with the company. Additional information was provided on Cheque Nos. 14239, 14240, 14265, 14301, 14308, 14316, 14325, 14352, 14369, 14431, and 14432, ORDERED on the motion of Alderman Cummings, seconded by Alderman Covtlle, that the report be received and adopted. The motion Carried with Aldermen Campbell, Cummings, and Hinsperger abstaining from the vote on Cheque Nos. 14270, 14434, 14290, 14293, and 14241, consecutively, on conflicts of interest previously recorded, and all others voting in favour. No. 33 - Chief Administrative Officer - Re: Encroachment - 5275 Duns Street (Garrett Mtg. Geddes). 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 Dunn Street road allowance be approved, and the necessary by-law be enacted by Council. ORDERED on the motion of Alderman Chessman, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See By-law No. 86-11. No. 34 - Chief Administrative Officer - Re: Inquiry re Operation of Flea Markets. The report attaches a copy of a letter to the President of the Chamber of Commerce in response to his inquiry regarding the aforementioned subject. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report he received and adopted. Carried Unanimously- 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. 86-10 - A by-law to amend By-law No. 86-1, providing for appointments to certain Boards, Commissions and Committees. No. 86-11 - A by-law to allow the maintaining and using of a building which encroaches on Dunn Street. No. 86-12 - A by-law to authorize the sale of Lot 39 according to Registered Plan 28 for the former Township of Stamford, now in the City of Niagara Falls. No. 86-13 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell, Cummings, and Hfnsperger abstaining from the vote on by-law No. 86-13, on conflicts of interest previously recorded in Report No. 32; 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. 86-10 - A by-law to amend By-law No. 86-1, providing for appointments to certain Boards, Commissions and Committees. No. 86-11 - A by-law to allow the maintaining and using of a building which encroaches on Duns Street. No. 86-12 - A by-law to authorize the sale of Lot 39 according to Registered Plan 28 for the former Township of Stamford, now in the City of Niagara Falls. No. 86-13 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell, Cummings, and Hinsperger abstaining from the vote on By-law No. 86-13, on conflicts of interest previously recorded, and all others voting in fayour. rm -6- -8- NEW BUSINESS PLAZA - CORNER/THOROLD STONE & DRUMMOND ROADS Alderman Cummings requested information regarding the present status of the Plaza being constructed at the corner of Thorold Stone Road and Drummond Road. The Chief Administrative Officer advised that the matter would be Investigated and a report forwarded to Alderman Cummings. NIAGARA PROMOTION ASSOCIATION - MISS TEEN NIAGARA Alderman Cummings advised that he had artended the Miss Teen Niagara competition on Saturday, January lath, 1986, and suggested that a letter of congratulations be forwarded, through Mayor Smeaton's office, to Miss Teen Niagara and Niagara Promotion, with respect to this successful event. BILL 79 - MUNICIPAL ACT Alderman Cheesman referred to the aforementioned Information for Council item included in the Agenda envelopes· The City Solicitor responded to questions raised regarding the possibility of small businesses, or proposed businesses, receiving assistance from the Planning and Engineering Departments of the City. NON-PROFIT HOUSING CORPORATION Alderman Cheesman initiated a discussion regarding the Provincial Government Program, "Convert to Rent"· Alderman Hinsperger advised that the Non-Profit Housing Corporation had been asked to investigate the legislation regarding this matter, and the program's applicability within the City of Niagara Falls. NIAGARA SOUTH BOARD OF EDUCATION Alderman Hopkins discussed the communication from the Niagara South Hoard of Education which had been included in the Ageads envelopes, and which referred to "liaison with the Municipal Council". His Worship Mayor Smeaton advised of previous contacts with the Board, recent enquiries in his office, ~nd advised that a group of parents would be attending a future Council meeting with respect tO matters of concern. Following consideration of the items presented, arose without reporting. the Committee of the Whole READ AND.J~DOPTED, CLERK Council Chambers January 20, 1986 Council reconvened in formal session on Monday, January 20th, 1986, following a meeting in Committee of the Whole. All members of Council, with the exception of Aldermen Orr, and Puttick, were present. His Worship Mayor Smeaton presided as Chairman. The meeting adjourned. A.M.O. SEMINAR FOR NEW COUNCILLORS Alderman Hopkins discussed the recent Seminar for New Councillors sponsored by the Minister of Municipal Affairs and A.M.O., which he had artended. He referred to items reviewed at the Seminar, and to the drainage problems in the rural wards of the City, and Chippaws, as well as the City's obligation which had been inherited with the amalgamation of the aforementioned areas a number of years ago. Alderman Hopkins further discussed the legislation under the Ontario Drainage Act, the City's responsibility, and his intention 6f asking Council to consider this matter further at a future date. The Director of Municipal Works advised that the matter of drainage in the rural areas would be considered at the next meeting of the Municipal Works Committee, and would he the subject of future reports to Council. Alderman Hopkins discussed a new government program for industrial purposes which was similar to O.N,I,P. and C.A.I.P., and requested that Staff investigate this matter further. Alderman Pay referred to his attendance at the Seminar, and the Speaker, Tony Vastano, who is employed by the City in connection with the Energy Audit Program. He requested that an up-to-date report be submitted to Council concerning action taken in this community with regard to the program. ENVIRONMENTAL DEGRADATION Alderman Harrington referred to complaints he had received from concerned citizens, and responsibilities of 8overnments and industries in connection with environmental problems caused by industries in the area, ~ith particular mention of the Norton Company plant in Chippawa, He referred further to the transporta- tion of hazardous material· -7- His Worship ~Layor Smeaton stated that a complaint had been received in his office in connection with the environmental situation referred to. He stated further that he had contacted the Ministry of the Environment earlier today, that they were aware of the complaint, and would be reporting back after investigating this matter. His Worship Mayor Smeaton advised that the trucks which transport hazardous material are licensed under the Highway Transport Board of the Provincial Government: He advised further that a report would be submitted to Council with respect to the ~atters'of concern. POTHOLES ON QUEEN STREET Alderman Pay expressed his concern regarding the potholes on Queen Street. Mayor Smeaton requested that any roads requiring attention be referred to Staff for immediate repair. THIRD BRAKING LIGHT Alderman Baker discussed the installation of an additional braking light on City vehicles, and the possibility of a coet reduction with respect to the City's fleet insurance when this has been accomplished- He requested that a report he submitted to the Municipal Works Committee in this regard. MR. ROBERT KEIGHAN - POLICE COMMISSION Alderman Baker referred to the recent appointment of Mr. Robert Ketghan, former Alderman, to the Police Commission, and suggested that a letter of congratulations be forwarded by Mayor Smeaton on behalf of City Council. OLD POLICE BUILDING Alderman Cummings requested an up-to-date report on the status of the old Police Building. The Chief Administrative Officer advised that renovations had been made to the roof, and the owners had intended coming to Niagara Falls early in the new year with proposed plans for the building. He further advised that he would contact the owners, in Toronto, tomorrow concerning 'the matter. At the request of Alderman Cummings, the Chief Administrative Officer stated that en investigation would he made concerning regular safety checks on the building. REGIONAL COUNCILLOR BRIAN MERRETT Regional Councillor Merrett referred to the Chippawa Flood Report, and the meeting of the Regional Public Works Committee, which had approved cost-sharing in connection with Stanley Avenue sewers. It was moved by Aldet~nan Chessman. seconded by Alderman Cummings, that the meeting adjourn to Committee of ~e~~arried Unanimously. O~ W OLE . · · r Committee Room #1 JanUary 20, 1986 Council met on Monday, January 20th, 1986, at 9:55 p.m. in Committee of the Whole following a Regular Meeting. All members of Council~ with the exception of Aldermen Orr, and Putticks were present· Alderman Pay presided as Chairman. _.1 EIGHTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 January 27, 1986 Council met on Monday, January 27th, 1986 at 6:30 p.m. in Committee of the Whole. All members of Council, with the exception of Aldermen Hopkins, Orr, Puttick, and Janvary were present. Alderman Campbell presided as Chairman. arose without reporting. · ~ WILLI SMEATON Council Chambers January 27, 1986 Council met on Monday, January 27th, 1986 at 7:30 p.m. for the purpose of considering general business. All members of Council with the exception of Aldermen Hopkins, Orr, Puttick, and Janvary were present. 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 dated January 20th, 1986, be adopted as printed. Carried Unanimously. DEPUTATIONS SHAW FESTIVAL THEATRE Communication No. 3i - Shaw Festival - Re: Festival'e 25th Anniversary Campaign. The communication asks Council to support the above mentioned campaign with a $5,000.00 one-time pledge, and attaches the campaign brochure. The following representatives of the Shaw Festival Theatre were in attendance: Mary Bull, Development Associate, and Chairman, Niagara Region Capital Campaign; Valentine geLcod, Governor; Ed Arnold, President of T.G. Bright & Co. Ltd.; Elaine Jackson, Marketing Co-ordinator; nnd Paul Reynolds, Producer, Mr. Paul Reynolds reviewed information contained in the communication, and responded to questions raised. ORDERED on the motion of Alderman Pay, secodQd by Alderman Campbell, that a grant request form be forwarded to the group to be completed and returned. It was further recommended that the request be forwarded to the Finance Con~ntttee for consideration during the 1986 Budget deliberations. Cartled Unanimously. COMMUNICATIONS No. 32 - John Broderick, Solicitor - Re: Milchberg sale to Cameron - 4680 Queen Street. The communication advises that the subject lands, formerly leased by Farr Lumber, will be purchased subject to the purchaser acquiring a public hell licerice; and requesting that part of the lane between lots 2 and 11, 3 and 10, and 4 and 9 he closed to allow sufficient perking for the proposed purpose. Aldermen Cummings, and Hinsperger declared conflicts of interest because they are members of organizations which are involved in binSos, and the Clerk advised that this was the intended use for the building being purchased. A discussion followed regarding a previous request to close the laneway, the present parking ares, and Council's former decision that the laneway should remain open· _2 - Mr. Ralph Greco, Mr- Gabs Mallouk, and Mr. Vince gurgle expressed opposition to the proposal because the laneway is required for accessibility to their properties. ORDERED on the motion of Alderman Baker, seconded by Alderman Coville, that the Solicitor for the owners of the subject lands b~ advised that Council is not going to consider the closing and sale of the laneway. The motion Carried with Aldermen Cummings, and Hinsperger abstaining from the vote on conflicts of interest previously recorded, and all others voting in layout. No. 33 - Heart & Stroke Foundation of Ontario - Re: "Heart & Stroke Month". The communication requests that Council proclaim the month of February 1986 as "Heart and Stroke Month". ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the request be approved subject to established policy. Carried Unanimously. No. 34 - Niagara Falls Cataracts Oldtimers Hockey Association - Re: Hockey Tournament - March 20th to 23rd, 1986. The communication requests that Council approve a Special Occasion Permit for the aforementioned event. ORDERED on the motion of Alderman Pay, seconded by Alderman Baker, that the request of the Niagara Falls Cataracts Oldtimers Hockey Association, for a special occasion permit for their hockey tournament to be held on March 20, 21, 22, and 23, 1986, at the Niagara 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. No. 35 - Niagara Flames Hockey Club - Re: Bruce Gamble Hockey Tournament - March 28th to 30th, 1986. The communication asks that Council approve a Special Occasion Permit for the above mentioned event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the request of the Niagara Flames Hockey Club for a special occasion permit for their Bruce Gamble Hockey Tournament to be held on March 28, 29, and 30, 1986, at Jack Bell and Stamford Arenas, 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. 36 - Downtown Board of Management - Re: Antique & Collectible Show & Sale. The communication requests permission to use the Market Parking Lot on May 31st, 1986, for an Antique & Collectible Show and Sale. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the request be approved in principle, and the matter referred to Staff to coordinate the event in cooperation with the Downtown Board of Management. Carried Unanimously. No. 37 - Ministry of Municipal Affairs - Re: Bill 79 - Amending the Municipal Act. The communication attaches a copy of Bill 79, and provides information with respect to a proposed amendment to the Act, to assist in the establishment of small business incubator facilities under the Community Small Business Centres program. ORDERED on the motion of Alderman Cummings, seconded by Alderman Herrington, that the communication be received and referred to Staff for comments. Carried Unanimously. No. 38 - Greater Niagara Sealer Citizens Association - Re: Expanding Facilities. The communication explains the need to expand the facilities at the Coronation Recreation Centre, and requests financial assistance from the City in the amount of $400,000,00. ORDERED on the motion of Alderman Cummings, seconded hy Alderman Einsperger, that the communication be received and referred to the Finance Committee for consideration. It was further recommended that a grant request application form be forwarded to the Association to be completed and returned. Carried Unanimously. No. 39 - La Residence Jole de Vivre Inc. - Re: Financial Assistance. The communication asks Council to consider financial assistance to the 8reap. ORDERE, D on the motion of Alderman Cummings, seconded by Aldmrman Fay, that the communication be received and referred to the Finance Committee, and further, that a 8rant request application form be forwarded to the group to be completed and returned. Carried Unanimously. REPORTS No. 35 - Chief Administrative Officer - Re: 1986-87 C.A.I.P. Application for Downtown. The report recommends that Council approve the attached 1986-87 CAIP Application outlining a Downtown Revttalization Project for submission to the Province no later than January 31, 1986. Mr. Jack Bell, Chairman, Downtown Board of Management responded to questions raised, and expressed appreciation for consideration and assistance. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See Reaolution No. 2. See Ey-law No. 86-15. No. 36 - Chief Administrative Officer - Re: The Economic Impact of a Short-Term Recreational Event- The report attaches the Economic Impact Study of the 1985 A1 Reid Memorial Oldtimers Hockey Tournament and recommends that the report be received and filed. Mr. Alan Kelso, Recreation Conunission Member, and Mr. Berry Clarke, Researcher, and student at Brock University were in attendance. The Deputy Recreation Director reviewed the report and replied to questions raised. Alderman Baker congratulated the Deputy Recreation Director and persons involved in tourism and preparation of the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the report be received and adopted, and further, that a copy be forwarded to the Visitor & Convention Bureau. Carried Unanimously. No. 37 - Chief Administrative Officer - Re: Letter of Agreement with Ministry of Tourism and Recreation - People Mover Study. The report recommends that the by-law authorizing an agreement with the Ministry of Tourism and Recreation be approved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 86-16. No. 38 - Chief Administrative Officer - Re: Request for Encroachment - Oneida Lane. The report recommends that the request of Beefeater (Niagara) Ltd. to encroach upon the Oneida Lane road allowance be approved subject to: 1) The applicant entering into an appropriate agreement with the Municipality; 2) Payment of $50.00 to cover legal costs; 3) The applicant providing an O.L.S. survey showing the location and extent of the encroachmeats upon the municipal road allowance; 4) A description suitable for registration of the applicant's property; 5) 6) A description, in writing, of the propose~ encroachment; That the applicant work with City Staff in order to ensure that the installation of the ornamental concrete pavers will compliment the work being done on Clifton Hill under the C.A.I.P. III Program. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 39 - Chief Administrative Officer - Re: Site Plan Approval, Proposed 92 Bed Retirement Lodge (former Falls View School) - 5781 and 5839 Dunn Street. The report recommends that the Council approve the site plan on display at tonigbt's meeting, being a proposed retirement lodge, and the site plan dated April 1985, and filed with the Buildings and Inspections Department of the City of Niagara Falls on January 22rid, 1986, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted· Carried Unanimously.. - 4 - No, 40 - Chief Administrative Officer - Re: Lots 18 & 19 - Falls Industrial Park. The report reco~nends that Council approve of the resale of Lots 18 and 19, Registered Plan 243, from GBS-Gioca Binder Systems Ltd. to Anthony Mancuso. ORDERED on the motion of Alderman Cummings, seconded by Alderman Marrington, that the report be received and adopted, subject to the condition that the the new owner will be carrying on the same kind of business as GBS-Gioco Binder Systems Ltd. was engaged in at this location- Carried UnanimouslY. No. 41 - Chief Administrative Officer - Re: Surplus School Property - Allanthus Avenue- The report recorm~ends that the Welland County Roman Catholic Separate School Board be advised that the City of Niagara Falls has no use for a 26.3 acre parcel of surplus School Board property. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried UnanimouslY. No. 42 - Finance Committee - Re: Committee reports. The report recommends the following: Bo s~ 1) Holy Family Regional Youth Centre & Y Home - - It is reco~nended that the funding be continued to the Holy Family Bo s' Regional Niagara Youth Centre and y Home during the first part of 1986 at the monthly rate of $1,700.00, and that the balance of any grant be subject to the 1986 Budget deliberations, and that copies of their financial report be submitted to the City. 2) Niagara Symphony Association - - It is recommended that Council approve the City's purchase of a half-page advertisement, at a cost of $265.00, in Niagara Symphony Association's program and that the Association request for a grant be considered in conjunction with the 1986 Budget discussions. s) 4) Status of Taxes - - It is recommended that the report on the Status of Taxes as at December 31st, 1985 be referred to Council for their information- Victoria Avenue Business Association - - It is recommended that a grant in the amount of $2,000.00 be approved for the Victoria Avenue Business Association to assist in their Festival of Lights program and that the Association, and all other business areas~ be notified that future fnnding requests of this nature are to be handled by the Visitor & Convention Bureau. It is further recommended that a communi- cation be forwarded to the Visitor & Convention Bureau relative to this. 5) Niagara Falls Board of Museums - - It is recommended that Council approve of the request of the Niagara Falls Board of Museums for a one-time grant in the amount of $2,500.00 to assist in its application for a Winratio grant subject ~o the amount being considered as part of their 1986 Budget allocation, 6) Ten Month Statement - Revenue & Expenditures - - It is recommended that the Ten Month Statement of Revenue and Expenditures be received and filed for information. 7) Audit Committee - - It is recommended that Council approve the complement of the Audit Committee as being comprised of representatives of the Audit firm, present Staff members, Mayor Smeaton, Alderman Chessman, Alderman Pay, and that one additional neutral member be appointed. g) The Municipal Handbook - - It is recommended that Council approve of the printing o{ 1,900 copies of the Municipal Handbook subject to quotations being received.' 9)¸ Convention & Promotion Policies - - It is recommended that Council approve of the establishment of a special "ad hoc" committee comprised of Mayor Smeaton, Aldermen Chessman, Puttick and Janvary, and the Chief Administrative Officer to meet ~ith representa- tives of the Visitor & Convention Bureau, to review current convention policies, the possible diversion of funds for direct or indirect participa- tion by the City in conventions, and the establishment of Jointly administered accounts for directing conventions to Niagara Falls· lo) -5- A.M.O. Membership - - It is recommended that Council approve the 1986 membership fee of $3,625.48 to the Association of Municipalities of Ontario (A.M.O.). 11) Tax Roll Adjustment - - It is recommended that Council approve the amounts in the Tax Roll Adjustment report be written off the tax rolls as submitted. The City Treasurer responded to questions raised regarding the collection of taxes. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that an advertisement be placed in the local newspaper for applicants to the Audit Committee. The motion Carried on the following vote: AYE: Aldermen Baker, Campbell, Coyills, Cummings, Harrington, Minsperger, and Pay. NAYE: Alderman Cheesman. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No, 43 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,128,882.67 for the one week period ending Monday, January 27th, 1986, be approved by the passing of the by-law appearing later on the agenda. Alderman Campbell declared a conflict of interest on Cheque No, 14478 because the organization is a client. Aldermen Cheesman, and Marrington, declared conflicts of interest on Cheque No. 14481 because they are employed by the Board. Alderman Cummings declared a conflict of interest on Cheque No. 14520 because a member of hie family is involved in the program. Alderman Hinsperger declared a conflict of interest on Cheque No. 14459 because he is employed by the company; and a conflict of interest on Cheque No. 14555 because he is a member of the executive. Additional information was provided on Cheque No. 14536. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and adopted. The motion Carried with Aldermen Campbell, Cheesman, Marrington, Cummings, and Hinsperger abstaining from the vote on Cheque Nos. 14479, 14481, 14520, 14459, and 14555 consecutively, on conflicts of interest previously recorded; and all others voting in favour. No. 44 - Chief Administrative Officer - Re: Designation of "British Methodist Episcopal Church" under the provisions of the Ontario Heritage Act. The report recommends that the By-law appearing on this Agenda, to designate the British Methodist Episcopal Church as an architecturally and historically significant property under the provisions of the Ontario Heritage Act, be passed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, 'that the report be received and adopted. Carried Unanimously, See By-law No. 86-14. No. 45 - Chief Administrative Officer - Re: Municipal Licensing Procedures. The report provides background information regarding a discussion concerning the subject matter at the meeting of Council held in December 1985, reviews the current procedure, and recommends that the contents of this report be noted for information purposes, and that it be received and filed. ORDERED on the motion of Alderman Coyills, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. RESOLUTION No. 2 - CHEESMAN - HINSPEROER - REgOLVED that the Council of the Corporation of the City of Niagara Falls hereby approves the 1986/87 CommercialArea Improvement Programme (C.A.I.P.) Application for submission to the Ministry of Municipal Affairs; AND the geal of the Corporation be hereto affixed. Carried Unanimously. -6- BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Uinsperger, that leave be granted to introduce the following By-laws, and the hy-laws be read a first time: No. 86-14 - A by-law to designate the British Methodist Episcopal Church at 5658 ~ Peer Street of architectural value and of historic interest. No. 86-15 - A by-law to authorize the execution of an agreement with the Minister of Municipal Affairs 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. 86-16 - A by-law to authorize an agreement with the Ministry of Tourism and Recreation. No. 86-17 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell, Cheesman, Herrington, and Hinsperger abstaining from t~e vote on By-law No. 86-17, on conflicts of interest previously recorded in Report No. 43; 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. 86-14 - A by-law to designate the British Methodist Episcopal Church at 5658 Peer Street of architectural value and of historic interest. No. 86-15 - A by-law to authorize the execution of an agreement with the Minister of Municipal Affairs respecting a project in the Queen Street/River Road Redevelopment Area under the Ontario Commercial Area Improvement Program and the expenditure of money for such project. No. 86-16 - A by-law to authorize an agreement with the Ministry of Tourism and Recreation. No. 86-17 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell, Cheesman, Herrington, and Hinsperger abstaining from the vote on By-law No. 86-17, on conflicts of interest previously recorded in Report No. 43; and all others voting in favour. 7 regarding the owners of the Old Police Building. Apparently the owner is still interested in renovating the building, beginning in the late spring. He expressed concern respecting safety features in connection with the building. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the matter be referred to the Director of Buildings & Inspections for a report regarding the security, and public safety factor in connection with the building. Carried Unanimously. GREEN OAKS MOBILE HOMES LTD. Alderman Baker referred to the report on the status of the Mobile Homes Park which he had requested some time ago. The Chief Administrative Officer stated that the report would include information with respect to the charge which has been laid against Mr. Malcolm Gibson, owner of the Park. OVERNIGHT PARKING/ARMOURY STREET Alderman Campbell initiated a discussion regarding the lack of parking space for overnight parking in the Armoury Street area. His Worship Mayor Smeaton advised that parking space was available behind the Hydro Building. The Chief Administrative Officer stated that the matter was under consideration as part of the study to provide cash-in-lieu of parking. ENVIRONMENTAL ISSUES Alderman Uarrington referred to a discussion at a former meeting of Council, and recently publicized information respecting pollution from an incinerator across the Niagara River. He advised that he would be investigating the matter, and would report back to Council. His Worship Mayor Smeaton advised that he had been in contact with Mr. Gordon Kinney, Plant Manager of the Norton Company, who wished Council to be made aware of actions taken by the company to contain the white ash material from the Norton furnaces. Mayor Smeaton explained the procedure, and stated that Mr. Kinney would be arranging a plant tour for all members of Council to view the plant program of pollution abatement, and be made aware of the company's wish to be cooperative. NIAGARA PARKS COMMISSION Alderman Pay expressed appreciation for the report he had received in response to concerns related to possible expansion plans by the Niagara Parks Commission, and referred to their "genuine concern over all the people in the community". He advised that the Commission does not have plans for expansion at the present time. Alderman Coyills referred to previous contacts regarding Canadian Racing Plate, and requested a status report on the matter. The Chief Administrative Officer advised that the company had not adhered to their agreed upon noise abatement program, and further, that because of personnel changes within the local office of the Ministry of the Environment personnel in that office are unaware of the situation. NEW BUSINESS CANADIAN RACING PLATE pOLUTION/CHIPPAWA CREEK Alderman Cheesman referred to a communication from the Regional Niagara Health Services Department which had been included in the Information for Council items, advising that "a bathing location in the Chippaws Creek area wilZ~ be posted as unsafe for swimming this coming recreational season". Alderman Baker provided information regarding a meeting scheduled for Wednesday, January 29th, 1986 at 8:00 p.m. in the upstairs room at Chaplin's Restaurant & Tavern. He discussed recent contacts with Al Oleksuik, rePresent'i lug Canadians for a Clean Environment, and the lack of communication by the Ministry of the Environment. A Liaison Committee was suggested by Mr. Oleksuik~ Alderman Baker suggested that Aldermen Minsperger, Harrington, and himself,· as well as City Staff should be involved in the above mentioned .meeting. His Worship Mayor Smeaton advised that Staff would attend the meeting, andt further information regarding the matter would he obtained'through the Chief Administrative Officer, and the Mayor's office. · ! READ AND ADO , OLD POLICE BUILDING - Alderman Cummings discussed a memorandum he had received from the Chief Administrative Officers in response to his inquirys which contained informargo ' . ~, .' · '_ . , ~, LERK His Worship Mayor Smeaton advised that he would contact Honourable Jim Bradley, Minister of the Environment, in order to resolve the situation. It was moved by Alderman Baker, seconded by Alderman Cummings, that the meeting adjourn. NINTH MEETING REGULAR MEETING Council Chambers February 3, 1986 Council met on Monday, February 3rd, 1986 at 7:30 p.m. for the purpose of considering general business. All members of Council wlth the exception of Alderman Orr, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Harrington offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cum~aings, seconded by Alderman Hinsperger, that the minutes of the meeting dated January 27th, 1986, be adopted as printed. Carried Unanimously. WELCOME GIRL GUIDES His Worship Mayor 8meaton welcomed Girl Guides from the 15th Niagara Palls Girl Guide Company, and their leader, Mrs. Josie WoJciechowska, to the meeting. PRESENTATIONS ACHIEVEMENT AWARDS - NIAGARA FALLS BOXING CLUB MR. MIKE STRANGE His Worship Mayor 8meaton congratulated Mr. Mike Strange for his recent win lof the Gold Medal at the Roddy MacDonald Provincial Championships in Toronto, and presented him with an Achievement Award on behalf of the City. MR. BRAWN CONLON His Worship Mayor Smeaton presented Mr. Shawn Conlon with an Achievement Award for his recent winning of the Cold Medal at the Roddy MacDonald Provincial 'Championships in Toronto, and congratulated him on his achievement. ~MR. CHRIS THOMPSON ~ His Worship Mayor Smeaton congratulated Mr. Chris Thompson on his recent :~winning of the Gold Medal at the Roddy MacDonald Provincial Championships in ;Toronto, and presented him with an Achievement Award. !MR. RICH BAILEY & ME. JOHN DEGAZIO - COACHES !i i His Worship Mayor Smeaton offered congratulations, and presented !Achievement Awards to Mr. Rich Bailey, and Mr. John DeGazio, Coaches at the iNiagara Falls Boxing Club. RETIREMENTS DONALD S. IRWIN- Mr. Donald 8. Irwin was presented with a retirement watch by His Worship ~Mayor Smeaton. Mr. Irwin commenced work with the City on January 2nd, 1949, and Crook an early retirement on October 31st, 1985 after 36 years of service, due to {ill health. THOMAS SHAPTON - ! His' Worship Mayor Smeaton presented Thomas 8hapton with e retirement gift ~and wished him well in his retirement. Mr. Shapton commenced work with the City of Niagara Falls on November 22nd, 1947, and retired on January 31st, 1986 after serving with the Fire Department for 38 years, -2- DEPUTATION C.N. RAIL - OPERATIONAL CHANGES Communication No. 40 - John Sturgess, Vice-President, CN Rail - Re: Operational Changes. The communication advises of "CN's decision to streamline its methods of operation in the Niagara peninsula, which will affect staff levels at Niagara Falls. Mr. John H.D- Sturgess, Vice-President of C.N. Rail, introduced Mr- Mike Matthews, Manager of Public Relations, Toronto; and Mr. Pat Drew, Trainmaster in Niagara Falls, and Acting Superintendent at Hamilton, who were in attendance at the meeting- Mr. Sturgese reviewed the historical background of C.N. Rail, and discussed a slide presentation entitled "Operational Changes", which explained the need for the proposed changes, and responded to questions raised with the assistance of Mr. Drew. Mr. Tim Secord, 5554 Lewis Avenue; Mr. Ronald Sones, Local Chairman of the Brotherhood of Railway Car Men, 8550 Furlong Avenue; Mr. Joe Gasgorini, Niagara Falls; and Mr. Bill Story, Fort Erie, expressed their concern in connection with the proposed changes. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. REPORTS No. 46 - Finance Committee - Re: Renewal of Employee Benefit Insurance. The report recommends that the employee benefits comprising Life Insurance, A.D. & D., Extended Health Care and Dental remain with Excelsior Life, our present carrier, and that the firm of Ball-Harrison Employee Benefits - Agent of Record - continue to administer this segment of the employee benefit program. The Personnel Director distributed the above mentioned report which had been considered earlier in the day by the Finance Committee. Alderman Cheesman advised that a decision had not been reached by the Finance Committee regarding this matter. Alderman Janvary declared a conflict of interest because her husband has a business interest. Following a brief discussion, it was moved by Alderman Cummings, seconded by Alderman Pay, that submissions be received from Ball-Harrison and the three other interested companies, and that the Personnel Director submit a report on the matter as soon as possible to the Finance Committee for consideration. The motion was Defeated with Alderman Janvary abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Cummings, Hopkins, and Pay. NAYE: Aldermen Baker, Campbell, theesmart, Coville, Harrington, Hlnsperger, and Puttick. ORDERED on the motion of Alderman Puttick~ seconded by Alderman Campbell, that 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 with the following vote: AYE: Aldermen Baker, Campbell, Chessman, Coyills, Harrington, Hinsperger,. and Puttick. NAYE: Aldermen Cummings, Hopkins, and Pay. No. 47 - Municipal Works Committee - Committee Reports. The r~port recommends the following: 1) Storm Sewer Oversizing in West Meadow Subdivision - It is recommended that the normal storm sewer oversizing policy contained in the Declaration of Policy for Development of Subdivisions apply to this subdivision. - AND - Communication No. 41 - Miss Jean Crandoni - Re West Meadow Plan of Subdisivion. The communication requests permission to address Council. Miss Jean Orandoni expressed her concerns regarding the proposal, and encouraged the preservation of the W-5-3 waterway to prevent downstream flooding. She referred to information she had received from the Ministry of Transportation and Communications; discussed comments of a soil specialist from Guelph who had visited the site; and a Study respecting Shriner's Creek. Miss Grandoni expressed opposition to the piping of the W-5-3 waterway, requested an update report on the waterway, and that the matter be referred to the Environmental Committee. Mr. W.S. Waiters, Developer, advised that approval had been given to the West Meadow Subdivision, and to piping the subdivision, in 1975. He referred to the large sum he had expended for Shriner's Creek, and for West Meadow Subdivi- sion, and stated that basement flooding in the subdivision is the responsibility of the developers and they would "stand behind it". The Director of Municipal Works, and Planning Director responded to questions raised with regard to approved planning fnr the subject lands. Following further discussion concerning the matter, it was moved by Alderman Chessman, seconded by Alderman Harrington, that the matter be referred to the Environmental Committee for further study regarding the W-5-3 channel. It was further recommended that Miss Grandoni, and Mr. Waltera, be invited to attend the meeting, and that complete information be available for consideration. The motion Carried with the following vote: AYE: Aldermen Chessman, Coyills, Harrington, Hopkins, Janvary, and Puttick. NAYE: Aldermen Baker, Campbell, Cummings, Hinsperger, and Pay. COMMUNICATION No. 42 - Kingsbridge Theatre on the Square - Re: Casino Night. The communication requests exemption from the policy, which specifies a 5 year time limit before qualifying for a lottery licence, in order that the organization might hold a Casino Night to raise funds. Mr. A.C. Nieuwesteeg, Director of the Kingsbridge Theatre on the Square, stated that the group has a deadline for financial commitments, and further, that the application would be once only. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hinsperger, that the request for exemption be granted. The motion was Defeated with the following vote: AYE: Aldermen Chessman, Harrington, Hinsperger, Hopkins, and Puttick. NAYE: Aldermen Baker, Campbell, Coville, Cummings, Janvary, and Pay. REPORTS No. 47A - Chief Administrative Officer - Re: Zoning Amendment AM-4/85 Islamic 'Cemetery, H. Karachi, North side Yokum Road, Pt. Lot 7, Concession 4, (former Crowland To~nship) - Determination of Need for further Public Notice. The report recommends the following: 1) l) That City Council, prior to the passing of the amending by-law for the Islamic Cemetery, 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 amending by-law respecting the application AM-4/85 in accordance with Section 34(17) requiring written notice be given; 3) That Council also enact the Site Plan Control By-law respecting the lands of the application. ~r. James Haslet, President of Preservation of Agricultural Lands Society, (P.A.L.S.) stated that, although the Sroup is not in fayour of this proposal, the Regional Council has given approval, and the matter would go before the Ontario Municipal Board at an early date. The Planning Director reviewed the background information in the report and discussed the recommendations of the Planning Department· -4- 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, Campbell, Cheesman, Cuanmings, Herrington, Hinsperger, Hopkins, Janvary, Pay, and Puttick. NAYE: Alderman Coville- See Resolution No. 3. See By-law No. 86-22, and By-law No. 86-23. No. 48 - Chief Administrative Officer - Re: Mountain Road Sanitary Landfill Site - Off-Site Migration of Leathers. The report provides Historical data, information regarding the Migration of Leachate Contamfnants Off-site, Remedial Measures and Monitoring, as well as Extension of Landfill, and recommends that this report be received and filed. Alderman Cummings declared a conflict of interest because he is a member of an association with property in the area- Alderman Herrington requested information concerning the results of the testings of the wells by the Ministry of the Environment. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, 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. UNFINISHED BUSINESS CO~4UNICATIONS RESOLUTION FROM TOWNSHIP OF LONDON/BENEFITS FOR VOLUNTEER FIRE FIGHTERS REPORT OF CHIEF ADMINISTRATIVE OFFICER Report No. 49 - Chief Administrative Officer - Re: Reso.lution from Township of London and Benefits for Niagara Falls Volunteer Fire Fighters- The report refers to the communication from the Township of London, and the request that Council support the resolution concerning Workers' Compensation benefits for Volunteer Fire Fighters who develop heart problems associated with stress generated by responding to fire calls; provides information pertaining to benefits coverage of Niagara Falls Volunteer Fire Fighters; and recommends that this report be considered by Council. ORDERED on the motion of Alderman Puttick, seconded by Alderman Pay, that the report be received and filed, aed the resolution forwarded to the Workers' Compensation Board. Carried Unanimously. OLD POLICE BUILDING - REPORT OF CHIEF ADMINISTRATIVE OFFICER Report No. 50 - Chief Administrative Officer - Re: Former Police Building - Northeast Corner Zimmerman & Park. The report provides background information concerning the aforementioned; states that the City has been "keeping the building under surveillance to ensure" compliance with the Property Standards By-law; advises that the owners have indicated that construction plans are bein~ prepared, and that it is their intention to commence construction in the Spring of 1986; and recommends that the report be received and filed. ORDERED on the motion of Alderman Chessman, seconded by Alderman Pays that the report be received and adopted· Carried Unanimously. No. 43 - Regional Niagara Office of the Clerk - Re: 1986 Water Rates. The communication attaches a copy of By-law 4139-86 entitled, "A By-law to Fix the Rates to be Charged for Water Supplied to Area Municipalities During the Year 1986". As requested, the Chief Administrative Officer provided additional information with respect to comparison rates for water and sewage for the previous year. - 5 - ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the communication be received and filed. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Chessman, Coville, Cummings, Harrington, Hinsperger, Hopkins, Pay, and Puttick. NAYE: Alderman Janvary. No. 44 - Regional Niagara Office of the Clerk - Re: 1986 Sewage Rates. The communication attaches a copy of By-law 4140-86 entitled, "A By-law to Fix the Rates to be Charged for Sewage Received from Area Municipalities During the Year 1986". ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously~ No. 45 - Regional Niagara Office of the Clerk - Re: t986 Interim Levy By-law. The communication encloses a copy of By-law 4143-86 entitled, "A By-law to provide for an Interim Levy Against the Area Municipalities in the Year 1986". ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the communication be received and filed. Carried Unanimously- No. 46A - Regional Niagara Office of the Clerk - Re: Provincial Emergency Assistance Funding Grants. The communication advises that a Seminar has been scheduled for January 22, 1986 at Linhaven Home for Senior Citizens to consider the aforementioned- Alderman Cummings pointed out that the information had been forwarded to the City of Niagara Falls, after the date of the Seminar. No. 50 - -AND - No. 468 - Ministry of Community & Social Services - Re: Request for Funding, C.O.E.S. The communication advises that the MinistrYts Emergency Shelter and Assistance Program requires Municipal participation, provides subsidy to Regional Social Services Departments, and therefore, requires the approval of the Regional Municipality of Niagara prior to any consideration of funding- ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the communications be received and filed. Carried Unanimously../.. No. 47 - Niagara South Board of Education - Re: Annual Report on Community Use of Schools. The communication advises of the policy to maximire the use of school buildings and properties by allowing community organizations access to the facilities. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be received and filed. Carried Unanimously. No, 48 - Bulgarian National Front, Inc. - Re: "Bulgarian Independence Day". The communication asks that Council proclaim March 3rd, 1986, as "Bulgarian Independence Day". ORDERED on the motion of Alderman Chessman, seconded by Alderman Baker, that the communication be received and the request granted subject to established policy. Carried Unanimously. No. 49 - Statistics Canada - Re: "Census Day". The communication requests Council to proclaim June 3rd, 1986, as "Census Day", and further, that encouragement and cooperation be practised in connection with Census of Population and Census of Agriculture. ORDERED on the motion of Alderman Chessman, seconded by Alderman Baker, that the communication be received and the request granted subject to established policy. Carried Unanimously. No. 50 - Andrew Douglas Henderson, Solicitor - Re: "World Marriage Day". The communication attaches documentation and requests the City of Niagara Falls approve a proclamation of "World Marriage Day" at a future date. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Baker, that the communication be received and the request granted subject to established policy. Carried Unanimously. REPORTS No. 51 - Chief Administrative Office~ - Re: Tendering Fire Department Clothing (Uniforms, Shirts, Ties, Reefer Coats, and Fatigue Pants). The report recom- mends that tenders be called as soon as possible for 1986 Fire Department clothing.. - 6 - ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted- Carried Unanimously. No. 52 - Chief Administrative Officer - Re: Report of the Employee Suggestion Committee. The report recommends that awards in the amount of $50.00 each be approved for Bob Dartall, Albert Smith, Mary pugliege, and Bee Bailey, for suggestions submitted. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. The report No. 47 - Municipal Works Committee - Re: Committee Reports, recommends the following, 1) Storm Sewer Oversizing in West Meadow Subdivision - (This item was considered previously this evening). -7- 2) Municipal Works Committee - Terms of Reference - - It is recommended that the Terms of Reference for the Municipal Works Committee be approved; 3) Transportation Safety Association Awered - 1985 - - It is recommended that: (i) 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 15, 1986, at a coat of $12.0(i per ticket; (ii) 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; Highway 420 Bridge Rehabilitation - Palmar Avenue & Ontario Avenue - - It is recommended that this report be received and filed; Quotations - Tree Trimming - - It is recommended that Council authorize Staff to obtain quotations for tree trimming in various areas of the City. ORDERED on the motion of Alderman Cummtngss seconded by Alderman Hinspergev See Ey-law No. 86-21. 5) that the report be received and adopted. Carried Unanimously. No. 53 - Chief Administrative Officer - Re: River Road from Ferguson Street to Bridge Street - Quit Claim Deed. The report recormnends that the by-law, on tonight's ageode be passed, which authorizes execution of a Quit Claim Deed in fayour of The Niagara Parks Commission for Parts 1, 2 and 3 on Reference Plan 59R-4645 on River Road from Ferguson Street to Bridge Street. ORDERED on the motion of Alderman Cummings~ seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 54 - Chief Administrative Officer - Re: Sign Application, DAYS INN - Ferry~! Street/Victoria Avenue. The report recommends that City Council approve an application for a wall sign havin~ a combined area of 2?2 square feet for the Days Inn building on the west side of the ~uilding on Ferry Street. · ORDERED on the motion of Alderman Cummings~ seconded by Alderman Hlnqperger~ that the report be receive~ and adopted. Carried Unanimously. No. 55 - Chief Administrative Officer - Rel Closin~ and Sale of Part of the Unopened Road Allowance between Lots 8 and 9, Concession.7, Former Township of Willoughby. The report recommends that the by-law appearing'on tonight's agend~ to authorize the closing of part of the unopened road allowance between Lots 8 and 9s Concession 7s for the former Township of Willoughby, and the conveyance thereof, be passed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. See By-law No. 86-18. No. 56 - Chief Administrative Officer - Municipal Accounts. The report od recommends that the accounts totalling $280,345.17 for the one week peri lending Monday, February 3rd, 1986, be approved by the passing of the by-law appearing later on the ageode. Alderman Campbell declared a conflict of interest on Cheque No. 14617 because the organization is a client. Alderman Hinsperger declared a conflict of interest on Cheque No. 14661 because he is employed by the company. ORDERED on the motion of Alderman Janvary, seconded by Alderman Herrington, that the report be received and adopted- The motion Carried with Aldermen Campbell, and Hinsperger abstaining from the vote on Cheque Nos. 14617, and 14661 on conflicts of interests previously recorded; and all others voting in fayour. No. 57 - Chief Administrative Officer - Re: Encroachment - Laneway Behind 3648 Main Street (Former Village of Chippawn). The report recommends that the application for the passing of a by-law to permit the continuation of the encroachment of a garage upon a laneway behind 3648 Main Street be approved, and the necessary by-law be enacted by Council- ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted- Carried Unanimously. See By-law No. 86-24. No. 58 - Chief Administrative Officer - Re: By-law Prohibiting the Removal of Topsoil in the City of Niagara Falls* The report recowamends the following: 1) That the by-law appearing on tontght's ageode to prohibit the removal of topsoil in the City of Niagara Falls be given two readings; and ~ 2) That notice of the by-law be published in the Niagara Falls Review- Mr. James Healer, P.A.L.S. advised that the organization supports the by-law. ORDERED on the motion of Alderman Cummings, seconded by Alderman Covilles that the report be received and adopted. Carried UnanimouslY__L See By-~aw No. 86-19. RESOLUTION No. 3 - CUMMINGS - HINSPERGER - RESOLVED that this Council does determine, in accordance with the provisions of the Planning Act, 1983, that the changes to the proposed amendment to Zoning By-law No. 1538 (1958) of the former Township of Crowland, now in the City of Niagara Falls (AM-4/85, Karachi-Islamic Cemetery), are minor in nature and do not require giving any further notice; AND the Seal of the Corporation be heret~ affixed· Carried UnanimouslY. BY-LAWS ORDERED on the motion of Alderman Cu~mingss seconded by Alderman Hinsperger, that leave be granted to introduce the following hy-laws~ and the by-laws be read a first time: No. 86-18 - A by-law to authorize the stopping up, closing and sale of part of the original unopened road allowance between Township Lots 8 and 9~ Concession 7, in the former Township of Wtlloughbys now in the City of Niagara Falls. No. 86-19 - A by-laW to prohibit the removal of topsoil in.the City of Niagara Falls. No. 86-20 - A by-law to authorize an agreement with Canadian Corps of Commissionaires (Wamilton). - 8 - - 9 - He. 86-21 - A by-law to authorize the execution of a Quit Ciaim Deed. (River Road from Ferguson Street to Bridge Street). ~N, LAVER/RENTAL APARTMENT VACANCY SURVEY No. 86-22 - A by-law to amend By-law No. 1538 (1958) of the former Township of 1 Crowland, now in the City of Niagara Falls.(Karachi). Alderman Chessman referred to the handout conmunication from N. Layer of Hamilton, Ontario, which contained a Rental Apartment Vacancy Survey, taken in No. 86-23 - A by-law to designate an area of land in the City of Niagara Falls " as a site plan control area.(Karachi). No. 86-24 - A by-law to allow the maintaining and using of a building which encroaches onto a Lane in the former Village of Chippawa. (D.Witt). No. 86-25 - A by-law to provide monies for general purposes. The motion Carried with Alderman Campbell, and Hinsperger abstaining from the vote on By-law No. 86-24, on conflicts of interest previously recorded in Repor~ No. 56; Alderman Coville voting contrary on By-law Non. 86-22 and 86-23; and all others voting in fayour. ORDERED on the motion of Alderman Chessman, secoded by Alderman Harrington, thai the following by-law be now read a second time: No. 86-19 - A by-law to prohibit the removal of topsoil in the City of Niagara Falls. 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. 86-18 - A by-law to authorize the stopping up, closing and sale of part of the original unopened road allowance between Township Lots 8 and 9, Concession 7 in the former Townahip of Willoughby, now in the City of Niagara Falls. N~..86-20 - A by-law to authorize an agreement with Canadian Corps of Commissionaires (Hamilton). ~o. 86-21 - A by-law to authorize the execution of a Quit Claim Deed. (River Road from Ferguson Street to Bridge Street). No. 86-22 - A by-law to amend By-law No. 1538 (1958) of the former Township of Crowland, now in the City of Niagara Falls. )October 1985 at St. Catharines- Alderman Puttick Questioned the accuracy of some of the information in the report. 'ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman, that Staff be directed to submit a report reg~rding the validity of comments in the report. Carried Unanimously. Y.M.C.A. Alderman Cummings requested information regarding the anticipated Y,M.C,A. status report. The Chief Administrative Officer advised that a meeting has been scheduled with the Director of Recreation this week, and following that meeting, as well as the receipt of an appraisal report on the property, an up-to-date report on the status of the Y.M.C.A. will be submitted. ANNUAL MEETING/SOCIAL PLANNING COUNCIL Alderman Cummings advised that the Annual Meeting of the Social Planning Council was scheduled for February 4th, 1986, and encouraged all members of Council to attend. HUMANE SOCIETY MEETING Alderman Cummings initiated a discussion regarding a recent meeting of the Humane Society which was artended by Alderman Coville- Alderman Baker expressed apologies for the situation which had developed at the meeting, and stated that he would discuss the matter with the Humane Society Board, and ask that Alderman Coville be reconsidered for appointment as an alternative Council representative to the Board. It was moved by Alderman Puttick, seconded by Alderman Hinsperger, that the meeting adjourn. N.o. 86-~3 - A by-law to designate an area of land in the City of Niagara Falls i READ AND AD ED, as a site plan control area. awhich o . * CLERK No 86 25 A by law to provide monies for general purposes Coyills votin8 contrary on By-law Nos, 86-22 and 86-23; and all others votir~ faYour, BrEW BUSINESS ' CANADIkN CORPS OF COHMISSIONAIRES ~~ATON Alderman Cheesman referred to a handout report reg~r~ing'Security Servlcesj - City Hall which had been considered In the Finance Cowanlttee meeting earlier today. The report recommends that Council authorize a 4% increase in payment t~ the Canadian Corps of Conunissionaires for the provision of City Hall Security services for the period commencing April 1, 1986, through March 31, 1987. ORDERED on the motion of Alderman Cheeemant seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. A.M,O/PREFERRED RATES PLAN Alderman Cheesman referred to a handout communication from A.M.O., ~ntch advised that the/040 ~Otel "Preferred Rates" Plan was being offered to its membership. The Clerk was requested to obtain these cards. TENTH MEETING PLANNING/REGULAR MEETING Council Chambers February 10, 1986 Council met on Monday, February 10th, 1986, at 7:30 p.m. for the purpose of considering Planning Matters and regular business. All members of Council were present. His Worship Mayor Smeaton presided as Chairman. Alderman Hopkins offered the Opening Prayer. ADOPTION OF MINUTES Alderman Janvary requested that her name be removed from the vote of 'NAYE' under Report No. 46, since she abstained from the vote on a conflict of interest; and Alderman Harrington advised that he had voted in favour of the motion regarding Kingsbridge Theatre on the Square, Communication No. 42; and asked that the minutes of February 3rd, 1986 be so amended. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the minutes of the meeting held February 3rd, 1986, be adopted, as amended. Carried Unanimously. REPORTS - PLANNING MATTERS No. 59 - Chief Administrative Officer - Re: Proposed Plan of Subdivision, "Dorchester Village Phase III", File No. 26T-85008, Canadia, Niagara Falls, Limited. The report recommends that the City Clerk be authorized to process the application for the Dorchester Village Phase III Subdivision, and that a report be prepared for Council's further consideration of this plan based on technical information received, public input, etc. Alderman Cummings declared a conflict of interest because he is employed by a firm in the area. Mr. Brian Sinclair, Solicitor for Mr. L. Penechetti the developer, referred to the Public Meeting which was held December 9th, 1985, at which time he stated there had been no objections. He referred to the information contained in the Technical Report, and to the beneficial effects of this proposal. He advised that Mr. Penechetti, and Mr. R.J. Matthews, O.L.S. were in attendance. A discussion followed regarding the construction of a berm west of the westerly limit to act as a screen from the remaining prestige industrial lands. Mr. A. MacBain, Solicitor for Mr. Joe Moretta of Moretta Investments, expressed opposition to the application "for the purpose of having an opportunity to object before the Ontario Municipal Board". He reviewed the difficulties his client had encountered in developing lands east of the Q.E.W. in the St. Paul area, and referred to the inequitable competition of this proposal. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hinsperger, 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. 60 - Chief Administrative Officer - Re: Proposed Plan of Subdivision, "Marina Park Estates", File No. 26T-85017, Cornwill Investments- The report recommends that the City Clerk be authorized to process the application for the "Marina Park Estates" Subdivision, and that a report be prepared for Council's further consideration of this plan based on technical information received, public input, etc. The Director of Municipal Works advised that the purpose of this report was to give the public, and Council, the opportunity to become aware of the proposal, and to receive comments. During the discussion, concern was expressed with regard to the drainage from Willoughby Township affecting Runter's Drain which is subject to the Niagara Peninsula Conservation Authority flood and fill lines; basement flooding; the development of parklands; and adeeuate watermains. The Director of Municipal Works advised that the sewermains which had been installed on Lyons Creek Road would accommodate these lands. Mr. Gabs Mallouk discussed the historical background of the proposal, contacts with the Mr. Con Eidt, Director of Engineering for the Regional Municipality, and the Planning Department; and stated that the new sewer lines on Lyon's Creek Road appeared to be large enough to service both the South Park and West Park Estates. Mr. Ray Matthaws, O.L.S.~ stated that this proposal was a small portion of the originally proposed subdivision; that an attempt has been made to integrate the proposed plan into the existing neighbourhood; discussed the application having been made to the Regional Municipality of Niagara prior to the policy respecting drainage in the Chippawa area; and r~viawed the proposal. - 2 - 3 The Planning Director discussed the cul de sacs in the nroposed subdivisionI DEPUTATIONS and the development of parklands, and replied to questions raised. The Director of Municipal Norks expressed the desire to review the proposa3 SUNDAY BINGOS/NIAGARA REGIONAL NATIVE CENTRE "from a basement flooding standpoint", and Alderman Puttick requested a copy of' a PenoPt on this matter. His Worship Mayor Sineaton suggested that clarificatio.lCommunication No. 52 - Niagara Regional Native Centre - Re: Sunday BinSos. The should be made with respect to sewermains for the subdivision. communication requests permission to address Council on the Centre's application to conduct Sunday BinSos. Members of Council related concerns regarding the flooding problems in Chippawa, and the possibility of a decision on the matter being premature in this respect. It was suggested that a "check list", of chronological steps to be taken in the development of subdivisions, would be helpful to Council, the Developers, and Solicitors. ORDERED on the motion of Alderman Cheesman, seconded by Alderman HarPington, that the report be received and adopted. Carried Unanimously. No. 61 - Chief Administrative Officer - Re: Proposed Plan of Condominium Subdivision, "3060 Portage Road", File No. 26-CD-85008(1), Cameo Homes Niagara Ltd. The report recommends that the City Clerk be authorized to process the application for the "3060 Portage Road" Condominium Subdivision, and that a report be prepared for Council's further consideration of this plan based on technical information received, public input, etc. Mr. Glen Barr, Upper Canada Consultants, advised that this was a "technical. administrative process", that the details of the site plan agreement have been "in place since July 1985", and that this was an approval process to register the condomintum in its present form. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 62 - (PD/15/86) - Chief Administrative Officer - Re: Zoning Amendment Application AM-5/SS, Dr. V. Vasic, Northwest corner Portage Road & Prospect Street, Lots 40, 41, & 42, Registered Plan 42. The report recommends that Council adopt the Zoning By-law Amendment appearing on tonight's ageride Aldermen Cummings, and Hlnsperger declared conflicts of interest because they are members of organizations that conduct binSos. Mr. Peter Janzen, Solicitor, referred to the previous discussion of this matter at the Council meeting held on October 21, 1985 and the existing unwritten policy of the City being determined in conjunction with the Lord's Day Act; the Lord's Day Act being ruled "unconstitutional" by the Supreme Court of Canada; and requested that his client's application be reconsidered. The City Solicitor advised that certain legal issues were raised, and suggested that the matter be referred to the Legal Department for a report. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the matter be tabled pending receipt of a report from the City Solicitor. The motion Carried with Aldermen Cummings, and Hinsperger abstaining from the vote on conflicts of interest previously recorded, and with the following vote: AYE: Aldermen Baker, Campbell, Chessman, HarPington, Hopkins, Janvary, Orr, Pay, and Puttick. NAYE: Alderman Coville. COMMUNICATIONS No. 53 - Regional Niagara Public Works De artmerit - Re: Water/Sewage Flows. The communication attaches Report DEP-228~, Water and Sewage Flows by Munici- pality, Monthly Report for December 1985 and Year End. In response to a query respecting the rezoning of lands situated on the northwest corner of Portage from Alderman Janvary, His Worship Mayor Smeaton advised that meetings might be Road and Prospect Street, for netghbourhood commercial purposes (parking lot an~ arranged with the Regional Municipality at any time to discuss the reports. a clinic). ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that th~ the communication be received and filed. Carried Unanimously__. report be received and adopted. AYE: NAYE: The motion Carried with the following vote: Aldermen Baker, Campbell, Cheesman, Covtlle, HarPington, Minsperger, ltopktns, Janvary, Orr, Pay, and Puttick. Alderman Cummings. See By-law No. 86-27 and By-law No. 86-28. No. 63 - (PD/14/86) - Chief Administrative Officer - Re: Proposed Provincial "Industrial Area Improvement Program". The report provides an Overvlew of information regarding the aforementioned, and recommends that this report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ninsperger, that the report be received and adopted. Carried Unanimously. No. 64 - (PD/ll/86) - Chief Administrative Officer - to Draft Plan Approval, Bright's Subdivision, 26T-16060. the following: Request for Extension The report recommendsl 1) 2) · No. 54 - Niagara District Airport Commission - Re: Proposed 1986 Budget. The communication attaches a copy of the proposed 1986 Budget and Financial Statements for consideration. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the communication be referred to the Finance Committee for consideration during the 1986 Budget deliberations. Carried Unanimously. No. 55A- Social Planning Council of Niagara Falls - Re: Child Care Report - Phase II. The communication attaches a copy of the aforementioned report for the information of Council. -AND - No. 55B- Social Planning Council of Nia are Falls - Re: Victim/Offender Reconciliation Program. The communication attaches a copy of the above named report for the information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the communications he received and filed, and further, that letters of appreciation be forwarded from Mayor Smeaton's office to the Social Planning · Council and to the volunteers responsible for preparing the reports. That a copy of this report be forwarded to the Ministry of M~nicipal Affair~ Carried Unanimously. and River Realty Development (1976) Inc.; ~,7 That a Council resolution supporting a one year extension to the Bright's t~ No. 56 - Niagara Falls H dro Electric Commission - Re: Commission Remuneration. The communication asks ~ouncil to authorize the Commission to use the same draft plan of subdivision be adopted and forwarded to the Ministry of ~ formula as the one currently being used by Council to determine Commission Municipal Affairs. ';' remuneration. Alderman Pay referred to cul de sacs in the subdivision, and requested that refers to the Planning & Development Committee, should be revised to c change since this Committee no longer exists. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that report be received and adopted. Carried Unanimously. See Resolution No. 5. UNFINISHED BUSINESS SHORELI~ PROTECTION ALONG ~ GREAT LAKES Communication No. 51 - Association of Municipalities of Ontario fARO) - Re: Shoreline Protection along the Great Lakes. The communication advises that AgO has not received an official copy of the resolution from the City of Windsor, but that when it is received it ~rlll be considered at the annual conference. ORDERED on the motion of Alderman Pay, seconded by Alderman Baker, that the connunication be received and filed. Carried Unanimously. . . . . Following a brief discussion, it was moved by Alderman Cummings, seconded by Alderman Orr, that the matter be tabled and referred to Staff for a legal opinion regarding guidelines of responsibility of the Hydro Commission. The motion Carried with the following vote: AYE: - Aldermen Baker, Campbell, Coville, Cummings, HarPington, Hinsperger, Hopkins, Janvary, Orr, Pay, and Puttick. NAYE: Alderman Chessman. No. 57 - The Corporation of the City of Brampton - Re: Date of Municipal Elections. The communication requests support of Brampton's resolution to the Provincial Government to hold Municipal Elections on the last Monday of September to improve voter turnout. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the communication be recelved and filed. Carried Unanimously. No. 58 - Ministry of Municipal Affairs - Re: Municipal Advisory Committee - ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, Nta sra Escar ent Plan Amendments. The communication proposes that the afore-~ he recommendation be received and adopted. Carried Unanimously. mentioned Committee be established, composed of the Head of Council, County lthat t Planning DIrectors and Regional Planning Commissioners. Revision of Polt~e for Re uests for Sponsorship of Advertising - tt ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the ~) - ~t is recommen d that ~ouncil approve the revisions to t"~eexls ng communication he received and the recommendation of the Ministry of' MunicipaI policy on requests for sponsorship of advertising as outlined in the Affairs approved. Carried Unanimously. attached report with an aggregate upset limit of $2,000.00 in any one No. 59 - NisEara Falls Black Hawks Hockey Club - Re: Hockey Tournament. The year. communication requests s Special Occasion Permit for its Hockey Tournament ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that schsdnled for March 6th to 9th, 1986. ORDERED on the motion of Alderman Pay, seconded by Alderman Coville, that the the recommendation be received and adopted. Carried Unanimously. request of the NIagara Falls Black Hawks Hockey Club for a special occasion i5) Security Services - City Hall - permit for their Hockey Tournament to be held on March 6th, 7th, 8th, and 9th, ] - It is recommended that Council authorize a 4% increase in payment to the 1986 at the Niagara Falls Memorial Arena and the Niagara South Recreation Complex, be granted sub.)ect to the approval of the Regional Police Department, Canadian Corps of Commissionaires for the provision of Security Services the Niagara Falls Fire Department, the Niagara District Health Unit, and the at City Hall for the period commencing April 1, lq86 through March 31, Liquor Licensing Board of Ontario. Csrrted Unanimously. 1987. f s Underage Drinking in City Facilities & ORDERED on the motion of Alderman Pay, seconded by Alderman Harrington, that resolution to the Association of Municipalities of Ontario to reduce the incidence of underage drinking. No. 67 - Chief Administrative Officer - Re: Statement of Remuneration & ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the Expenses - 1985. The report attaches the aforementioned itemized statement of communication be received and filed. Carried Unanimously. the remuneration and expenses paid to each member of Council, and to those members of local boards appointed by City Council; and recommends that the REPORTS information contained in the attached report be noted and the report be received and filed. No. 65 - Chief Administrative Officer - Re: Proposed Sale of Lands to Niagara ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the 1 the sale o{t report be received and adopted. Carried Unanimously. Falls Hydra Commission. The report recommends that Counci approve property located east of Dorchester Road, north of the Ontario Hydra Canal at the appraised value plus survey costs. His Worship Mayor Smeaton advised that ~ No. 68 - Chief Administrative Officer - Re: Municipal Accounts. The report the report had been withdrawn. recommends that the accounts totalling 9227,895.09 for the one week period ending Monday, February 10th, 1986 be approved by the passing of the by-law No. 66 - Finance Committee - Re: Committee Reports. The report recommends the appearing later on the ageode. following: Alderman Cheesman declared a conflict of interest on Cheque No. 14689 1) Niagara Falls & District Labour Council - because a member of his family is employed by the organization. - It is recommended that a grant in the amount of $16,O00.00 be made to the Niagara Falls & District Labour Council as emergency funding for the Alderman Cummings declared a conflict of interest on Cheque No. 14724 Unemployed Help Centre and that a letter, through the Mayor's office, be because a member of his family is involved in the program. sent to the Federal Government expressing this Municipality'a opinion tha.~ the funding of this group should be the responsibility. of the Senior ~ Alderman HarrisStart declared a conflict of interest on Cheque No. 14785 Government. because a member of his family is involved with the group. Alderman Hinaperger declared a conflict of interest on Cheque No. 14678 Alderman Orr declared a conflict of interest because she is employed by an organization with a similar exchange of clients. ' because he is employed with the firm. Mr. Ktm Craftor, President of The Niagara Falls & District Labour Council, Additional information was provided on Cheque Nos. 14665, 14726, 14740, and Mr. William Cooper, Past-President of the Labour Council, were in attend- 14754, 14772, 14804, and 14818. ance. They submitted information with respect to'the services provided by the li ORDERED on the motion of Alderman Baker, seconded by Alderman Pay, that the Unemployed Help Centre, and its purpose; and responded to questions raised report be received and adopted. The motion Carried with Aldermen Chessman, ' Cummings, Herrington and Hinsperger abstainT~'~m the vote on Cheque Nos. regarding the possible duplication of services. ii 14689, 14724, 14785,'and 15678 consecutively, on conflicts of interest ORDERED on the motion of Alderman Cummings, seconded by Alderman Herrington, : previously recorded; with Alderman Orr voting contrary on Cheque Nos. 14664, and that the recommendation be adopted. The motion Carried with Alderman Orr abstaining from the vote on a conflict of tnterest"C'~iously recorded, and wit~ i4668; and all others voting in favour. the following vote: No. 69 - Chief Administrative Officwr - Re: Closing and Sale of Part of the AYE; Aldermen Baker, Campbell, Chessman, Coville, Cummings, Herrington, Hinsperger, Janvary, and Puttick. NAYE: Aldermen Hopkins, and Pay. 2) ~eneral Insurance & RIsk Management Report 1986 - - It Is reco~w~ended that the recommendations contained in the Risk Unopened Portion of Hamilton Street Road Allowance. The report recommends that the by-law appearing on tontght'a agenda, to authorize the closing of part of the unopened Hamilton Street road allowance, and the conveyance thereof, be presented by the Insurance Brokers Association, be accepted. ORDERED on the motion of Alderman Janvary, seconded by Alderman Pay, that the recommendation he received and adopted. Carried Unanimously. 3) United Handicapped Group of Ontario - - It is recommended that the request for a donation to the United Handicapped Croups of Ontario be declined with. regret, and that they be encouraged to approach area service clubs for funding. Management ReSort (on pages 8 through 11) presented by the Insurance Brokers Association of Niagara Falls be referred to Staff for action and follow up report; and that the costs of the 1986 ~naurance coverage, as passed. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See B -law No. 86-26. RESOLUTIONS No. 4 - CUMMINGS - HINSPERGER - RESOLVED that the Councll of the Corporation of the City o~ Niagara Falls hereby petitions for subsidy under the provisions of the Public Transportation and Highway Improvement Act on expenditures made during the year 1985 in the amount of $4,757,876.71; AND the Seal of the Corporation be hereto affixed, ~ar~ -6- No. 5 - PAY - HINSPERGER - RESOLVED that the Council of the City of Niagara Falls supports a further one year extension of draft plan approval for the Bright's Subdivision ' File No. 26T-76060, and that the Ministry of Municipal Affairs be so advised; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. -7- DIVERSION OF TRAFFIC Alderman Campbell discussed the possibility of an investigation being made into Conrail phasing traffic around the City. His Worship Mayor Smeaton suggested that representatives of Conrail might be invited to a meeting in order that the matter of d~version of traffic could be discussed, and advised that he would make the necessary arrangements with the Area Superintendent. BY-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: No. 86-26 - A by-law to authorize the stopping up, closing and sale of part of ' Hamilton Street (formerly Walnut Street) as shown on Registered Plan 632 for the former Town, now City of Niagara Falls, now known as Plan 284. No. 86-27 - A by-law to amend By-law No. 79-200, as amended. " (Lots 40-42 and Prospect St., R.P. 42). No. 86-28 - A by-law to designate an area of land in the City of Niagara Falls as a site plan control area. (Lots 40-42 and Prospect St., R.P.42). No. 86-29 - A By-law to provide monies for general purposes. The motion Carried with Aldermen Cheesman, Cummings, Herrington, and Minsperger abstaining~rom the vote on By-law No. 86-29, on conflicts of interest previously recorded in Report No. 68; Alderman Orr voting contrary on By-law No. 86-29, as previously recorded in Report No. 68; 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. 86-26 - A by-law to authorize the stopping up, closing and sale of part of Namilton Street (formerly Walnut Street) as shown on Registered Plan 632 for the former Town, now City of Niagara Falls, now known as Plan 284. No. 86-27 - A by-law to amend By-law No. 79-200, as amended. No. 86-28 - A by-law to designate an area of land in the City of Niagara Falls ' as a site plan control area. No. 86-29 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cheesman, Cummings, Marrington, and Hineperger abstaining [rom the vote on By-law No. 86-29, on conflicts of interest previously recorded; Alderman Orr voting contrary on Byelaw No. 86-29, as previously recorded; and all others voting in favour. NEW BUSINESS REGIONAL CHAIRMAN WILBERT N. DICK Alderman Puttick referred to the membership of Regional Chairman Wilbert N. Dick in the St. Catharines Club, and expressed the desire for assurance that the! membership was being used appropriately. Mayor Smeaton advised that a report would be submitted on the mattyro ' SPRING CLEAN-UP Alderman Pay discussed the need for a follow-through on spring clean-up as previously considered by the Municipal Works Committee. His Worship Mayor Smeaton stated that he had written the President of the T.H.. &' B. Railway regarding the litter beside the tracks from the bridge to the Moutrose railway yard, and had recaived a positive response in this matter. Mayor 8meaton suggested that the matter be coordinated between Staff and the Civic Com~ittee, for a program of concentrated, City-wide effort to clean up the City for the visiting public. Alderman Puttick suggested that the Director of Buildings & Inspections be contacted for leadership in this matter. It was moved by Alderman Coville, seconded by Alderman Baker, that the meeting adjourn. Carried Unanimously. SPECIAL MEETING Committee Room #1 February 14, 1986 Council met on Friday, February 14th, 1986 at 4:00 p.m. in Committee Room #1 for the purpose of considering special business. All members of Council, with the exception of Aldermen Campbell, and Orr, were present. His Worship Mayor Smeaton presided as Chairmac. Following a brief discussion, it was moved by Alderman Baker, seconded by Alderman Puttick that the possible reorganization of departments, and salaries, should be considered in Committee of the Whole. The motion Carried with the following vote: AYE: Aldermen Baker, Coville, Herrington, Hinsperger, Hopkins, Pay, and Puttick. NAYE: Alderman Cummings. Aldermen Chessman, and Janvary were not in attendance during the time of the vote. His Worship Mayor Smeaton advised that the Reorganization, and Salaries issues would be dealt with in Committee of the Whole. POSSIBLE ESTABLISHMENT OF AN ADDITIONAL PERSONNEL COMMITTEE Report No. 69B - Chief Administrative Officer - Re: Possible Establishment of an Additional Personnel Committee. The report advises that members of Council sitting in Committee of the whole discuss three subject matters, nameiy, property, legal and personnel; that the City has made full use of its Committee of the Whole for personnel matters requiring confidentiality; and recommends the continuing use of the existing structure with reasons outlined in the report. Alderman Cheesman entered the meeting. During the discussion, Aldermen Cummings, Herrington, and Hinsperger expressed the opinion that there was no need for a Personnel Committee. It was pointed out that any decision made in Committee must be ratified in open Council. Alderman Pay suggested a Personnel Committee comprised of five, Mayor Smeaton, the Chief Administrative Officer, Personnel Director, Solicitor, and one Alderman, with a mandate to assess and completely reorganize all staff, to identify needs and efficiencies, define Job descriptions of each employee and prepare ~ prefer employee evaluation process, to identify problems earlier, determine proper management techniques in specific problem areas, soften the barrier between employees and Management Staff, review and make recommendations to Council. He referred to a letter he had forwarded to the Chief Administrative Officer concerning the matter. The Chief Administrative Officer advised that very serious consideration had been given the communication. He further advised that there is already a Personnel Committee of thirteen members of Council. Alderman Puttick advised that if a Committee was formed he did not want to be on it, but wanted to have the opportunity to relay any concerns to it. He referred to an article in an American magazine regarding personnel practises, and referred also to a report received by Council members in December 1985. Alderman Janvary entered the meeting. Alderman Puttick suggested that a Personnel Committee was necessary to have a consensus of opinion, and build on constructive ideas~ and agreed with Alderman Pay that a "small Committee of 5 would suffice"· The Chief Administrative Officer referred to the incentive program which had been submitted to Council~ and turned down. He stated that the Personnel Dirqator ¥,a~..employed.. to handle staff problems. In a discussion of the reorgan- ization process, the Chief Administrative Officer pointed out that this was a slow process l~ecause of the inter-relatedness of departments, He expressed some concern that there miEht be a "barrier" that he was unaware of, - 2 - The Personnel Director expressed appreciation to Council members for their interest in the employees, and referred to the importance of a developing a better relationship between Council and Staff- He discussed the progress of the reorganization program, the behaviour modification and development of some management staff, management skills, and constantly changing legislation, and stated that more responsibility is being required of employees. The Personnel Director reviewed the present system of employee evaluation, suggested the recommendation of improvements to the system, and stated that this was an organization that was changing and developing. Aldermen Baker, Coville, indicated that they were in favour of the recommendations in the report, and suggested that more frequent discussions should be held in Committee of the Whole. Alderman Hopkins expressed agreement with the recommendations, and suggested further discussion on the matter in 6 months if necessary. Alderman Cheeaman commended the Personnel Director, and pointed out the cyclical process involved in the formation of a small Personnel Committee which would have to report back to the entire Council. He expressed the view that personnel matters should be considered by all members of Council, but during the afternoon, with a "more relaxed approach"- Alderman 3anvary, and Hopkins indicated agreement with the recommendations in the report. ORDERED on the motion of Alderman Coville, seconded by Alderman Cunmings, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Cheesman, Coville, C,,mmings, Harrington, Hinsperger, Hopkins, and Janvary. NAYE: Aldermen Pay, and Puttick- It was moved by Alderman Cheesman, seconded by Alderman Hinsperger, [hat the meeting adjourn to Committee of the Whole. The motion Carried with Alderman Cummings voting contrary, and all others voting in fayour. -3- COUNCIL MEETING Council Chambers February 14, 1986 Council reconvened in formal session on Monday, February 14th, 1986, following a meeting in Covmnittee of the Whole. All members of Council, with the exception of Aldermen Campbell, and Orr, were present. His Wetship Mayor Smeaton presided as Chairman. The meeting adjourned. READ AND ~OPTED, WILLi SMEATON READ AND ADOPTI~D, ]: S. SMEATON THE WHOLE Council Chambers February 14, 1986 Council met on Friday, February 14th, 1986 in Committee of the Whole following a Special Meeting. All members of Council, with the exception of Aldermen Campbell, and Orr, were present. HIs Worship Mayor 8meaton presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose to report in open session. READ AND,ADdPTED, 8MEATON ELEVENTH MEETING REGULAR MEETING Council Chambers February 17, 1986 Council met on Monday, February 17th, 1986 at 7:30 p.m. for the purpose of considering general business. All members of Council, with the exception of Alderman Puttick, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Cheesman offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the minutes of the meeting dated February lOth, 1986, be adopted as printed. Carried Unanimously. DEPUTATIONS NIAGARA TRANSIT - AND - NIAGARA CHAIR-A-VAN His Worship Mayor Smeaton referred to the recent passing of Mr. Hugh Hart, Chairman of Niagara Transit, and called for one minutets silence in hononr of the late Mr. Hart. Mr. K.E. Dubois, Vice-Chairman, and presently Acting Chairman of the Commission; Mr. R. Meuser and Mr. Guy Prata, Members of the Commission; Mr. J. McMahon, Manager; Mr. R. Hawes, Superintendent of Operations; Mr. Hector LaPierre, President of St. John Ambulance and Member of the Management Board; and Mr. Terry Librock, Accountant, were in attendance. Communication No. 61A - Greater Niagara Transit - Re.' Statement of Affairs. The communication attaches the financial statement for the Greater Niagara Transit Commission for the year ended December 31, 1985. ORDERED on the motion of Alderman Cumminga, seconded by Alderman Htnsperger, that the communication be received and filed. Carried Unanimously. - AND - Communication No. 61B - Niagara Chair-A-Van - Re.' Statement of Affairs. The communication attaches the financial statement for the Niagara Chair-A-Van for the year ended December 31, 1986. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. Report No. 70 - Finance Committee - Re.' Finance Committee Report - Greater Niagara Tranait Commission. The report recommends that Council approve the rate increases proposed by the Greater Niagara Transit Commission, effective March 1st, 1986, as outlined in the report. Mr. Dubois responded to questions raised regarding the proposed increase in fares, ridership promotion, transportation arrangements for students, and ticket discounts. Some concern was expressed regarding the increased fare for seniors. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Cheesman, Coville, Cummings, Htnsperger, Hopkins, and Orr. N~YE: Aldermen Campbell, Marrington, Janvary, and Pay. APPLICATION FOR MONTE CARLO LICENCE Communication No. 62 - Greater Niagara General Hospital (GNGH)- Re: Monte Carlo Night. The communication attaches an application to Manage and Conduct a Monte Carlo Event on March 16, 1986, at the Optimist Hall. Mr. John Hind, 5982 Dunn Street, replied to questions raised on behalf of the G.N.O.H. He advised that the proceeds from the Monte Carlo Casino Night were pledged to the Hospital for Neonatal Equipment, and explained the necessity for holding the event on Sunday rather than an alternative night. ORDERED on the motion of Alderman Herrington, seconded by Alderman Hinsperger, that the application be denied. The motion Carried with the following vote: AYE: NAYE: Aldermen Baker, Cheesman, Coville~ Cummings, Harrington, Hinepergert Janvary, Orr, and Pay. Aldermen Campbell, and Hopkins. . · . . 2 UNFINISHED BUSINESS GREENWOOD MANOR RETIREMENT HOME Report No. 71 - Chief Administrative Officer - Re: Greenwood Manor Retirement Home, 8570 Greenwood Street. The report recommends the following: 1) That the report be received and filed; 2) That a copy of this report be forwarded to Mr. Done Rapelie, Director of Senior Citizens Department of Regional Niagara and to Judy Hubert of the Ministry of Health, Nursing Home Inspections Branch, to advise them of our concern. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Orr, that the report be received and adopted, and further, that a copy be forwarded to the Social Planning Council for information. Carried Unanimously. NIAGARA FALLS HYDRO-ELECTRIC COMMISSION - COMMISSIONERS' SALARIES Report No. 72 - Chief Administrative Officer - Re: Niagara Falls Hydro-Electri¢ Commission - Commissioners' Salaries. The report advises that Council has the authority to fix the salaries of commissioners by virtue of section 43(1) of the Public Utilities Act, R.S.O. 1980, as amended, which reads as follows: "43.(1) The salary, if any, of the commissioners shall from time to time be fixed by the council and no member of the council, except the head thereof, shall at the same time be a member of the commission". The report recommends that this report be received and filed for the information of Council. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. SHORELINE PROTECTION Communication No. 63 - Minister of Natural Resources . Re: Shoreline Protection, The communication attaches a copy of a typical response to Municipalities in support of the City of Windsor's resolution urging that funds be made available for temporary construction of shoreline protection along the Great Lakes. The communication outlines short-term measures which have been approved as an emergency program; and advises that representatives of the Federal Government have been contacted for information. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the communication be received and filed. Carried Unanimously. COMMUNICATIONS _ No. 64 - Regional Niagara Planning & Development Department . Re: OWMC Steering Committee. The communication attaches the minutes of the January 16th, 1986 Committee meeting for the information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be received and filed. Carried Unanimously. No. 65 - Niagara Presbytery - Re: Petition - One Pause Day in Seven. The communication requests support of a Petition to the Parliament of Canada to enact legislation "requiring employers to arrange their scheduling of beth full- time and part-time employees' working periods so that all Canadians are guaranteed an opportunity for the worship of God within a religious community through one pause day in seven". Mrs. Viola Summers, 5708 Dorchester Road; and Mrs. Margaret Osborne, 6376 Marands Street, were in attendance. Mrs. Summers advised that the Niagara Pres- bytery had been asked to consider the subject matter by the Hamilton Conference of the United Church of Canada, and that the decision of the Niagara Presbytery had been to petition the Federal Government, and request the support of Council. ORDERED on the motion of Alderman Harrington, seconded. by Alderman .Janvary'that the request of the Niagara Presbytery be endorsed. The motion was D~efeated kith the following vote: AYE: Aldermen Herrington, and Janvary. NAYE: Aldermen Baker, Campbell, Cheesman, Coville, Cummings, Hinsperger, Hopkins, Orr, and Pay. ORDERED on the motion of Alderman Cummings seconded h AId rman that the com, nicatioa teeaired and filed. eartied Unsn{mous y. · orlp , No. 66 - Niagara Falls Economic Development Agency - Re: NRDC Joint Meeting with EDA. The communication invites Council to attend a Joint liaison meeting between the Niagara Reglonal Development Corporation and the Niagara Falls Economic Development Agency, on February 27th, 1986. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and filed, and that as many members as possible attend the meeting. Carried Unanimously. No. 67 - Ontario Hydro - Re: Proposed Preservation of Toronto Power Station. The communication advises of the high degree of public support with respect to the above mentioned subject, and that the matter will be considered by the Board of Directors in March or April, 1986. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be received and filed. Carried Unanimously. No. 68 - City of North York - Provincial Government - Legislation/Special Constables. The communication requests support of a resolution endorsed by the City of North York concerning the "policy of continuation of the 'Special Constable~ status and that the Provincial Government be so informed". ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the matter be tabled for further information of the Police Commission and the Solicitor's Department, the information to include "the rationale for change". Carried Unanimously. No. 69A - The Canadian Federation of Independent Grocers (CFIG)- Re: Beer and Wine Sales in Grocery Stores. The communication attaches recommendations of the C.F.I.G. regarding the sale of beer and wine through grocery stores. - AND - No. 69B - Regional Councillor Peter Sobol - Re: Beer and Wine Sales in Grocery Stores. The communication asks Council to "examine the numerous reports from the Addiction Research Foundation and from other independent researches" before making a decision on the request of the C.F.I.G. The City Clerk advised that Mr. David G. Diston, Vice-President and General Manager of T.G. Bright & Co., had been in contact to state that the position of the Wineries is that they support the sale of wine in grocery stores, providing it is in all grocery stores, not Just independent ones, and further, that only Ontario wines are sold. ORDERED on the motion of Alderman Campbell, seconded by Alderman Pay, that the communications be received and filed. Carried Unanimously. REPORTS No. 73 - Municipal Works Committee - Re: Rural Drainage Problem. The report recommends that Staff investigate the engaging of a consultant or consultants to undertake preliminary engineering reports on the watercourses, streams, and drains in Willoughby and C wland and report back to the Municipal Works Committee in approximately ten weeks. ORDERED on the motion of Alderman Coville, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 74 - Environmental Planning Committee - Re: West Meadow Subdivision. The report recommends the following: 1) That the report presented to the Environmental Planning Committee on 1986 02 10 be considered by Council in conjunction with the report to the 1986 02 03 meeting of Council on "Storm Sewer Oversizing in West Meadow Subdivi- sion"; 2) That the Environmental Planning Committee recommend to Council that the state of the W-5-3 watercourse through West Meadow Subdivision, being piped be confirmed; 3) That Staff be directed to prepare design and land acquisition parameters for open drainage channels through residential areas in the Shriner's Creek watershed within the urban area boundaries; 4) That the normal storm sewer oversizing policy contained in the Declaration of Policy for Development of Subdivisions apply to this subdivision. Miss Jean Grandoni again reviewed her concerns regarding the W-5-3 watercourse; referred to previous reports concerning the subject are~;.d{s~u~sed t~. curfeet re~ort of t~e Environments.! Planning c/_~m~ittae; the PJ~nn~ng Act in con~ectiom wltb the c~n~e~'at!c2 and ~eP.e~ t~t the ~ watercourse re~m cof~tecte ~ b~ ~d~ w~th a fi~herv'~ expert ~pu]at~o~ ~n the ~hr~er'~ Creek a~ ~verd~ w~tar~e~ a~ the %bri~r'~ Cr~k tribu~rie~. Following a brief discussion it was ~Jove~ by ~1~_-~_: Aidearn Orr, that the report be received an~ adopted. the following vote: , AYE: A]dermen Baker, Campbell, Chees~n, c~ville, Ct~gs, ~-~-'nsperger, Hopkins, Janvary, Orr, and Pay. NAYE: Alderman Harrington. No. 75 - Chgef Administrative Officer - ~e: All-Way Stem Signs - Carlton Avenue and Barker Street. The report recommends the following: l) That the City adopt the criteria of four accidents ~er year for three con- secutive years for the establishment of all-way stop intersections; 2) That this intersection not be established as an all-~ay Stop intersection at this time; 3) That Staff continue to monitor this intersection, reporting back to Council if the accident trend continues to increase during 1986. The Clerk advised that Mrs. C. Jose had requested that the matter be postponed in order that she and other nearby residents might ~e in attendance. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report he tabled for 2 weeks. Carried Unanimously. No. 76 - Chief Administrative Officer - Re: Site Plan Approval, Proposed Commercial Building, 6144 McLeod Road. The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed commercial building, and the site plan being drawing mumher 1 of 4 dated February llth, 1986, and filed with the Buildings and Inspections Department of the City of Niagara Falls on February llth, 1986, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinaperger, that the report be received and adopted. Carried Unanimously. ~ No. 77 - Chief Administrative Officer - Re: Energy Conservation - City Properties. The report provides information regarding the Municipal E~erRy Audit Program (M.E.A.P), and hiring of an Energy Auditor for one year on a contract basis; discussed the implementation of improvements to r~duce energy consumption, referred to the inciusion in the 1986 Operating Budget of a request for general funds to carry out energy conservation work; and recommends that this report be received and filed. It was suggested that the cost savings should he Riven publicity. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No. 78 - Chief Administrative Officer - Re: The Buildings and Inspections Department Report for January 1986. The report provides information regarding Permits issued, and Highlights for January, as well as Proposals for February 1986. - ORDERRD on the motion of Alderman Pay, seconded by Alderman Cheesman~ that the report be received and filed. Carried Unanimously. ~oo 79 - Chief Administrstive Officer - Re~ Municipal Accounts. The.report recommends that the accounts totalling $208,327,85 for the one week period ending Monday, February 17, 1986, be approved by the passlng of the.by-law app~aring later on the agendao Alderman tiinsperger declared a conflict of interest on Cheque No. 14853 because he Is employed with the company. te 5 ~ Alderman Hopkins declared a conflict of interest on Cheque No. 14846 because a family member is under contract with the firm. Additional information was provided on Cheque Nee. 14849, 14856, 14858, 14896, 14909, and 14913; and a report was requested on Cheque No. 16869. ORDERED on the motion of Alderman Janvary, seconded by Alderman Pay, that the report be received and adopted. The motion Carried with Aldermen Htnsperger, and Hopkins abstaining from the vote on Cheque Nee. 14846 and 14853 consecutive- ly,on conflicts of interest previously recorded; and all others voting in favour- No. 80 - Chief Administrative Officer ~ Re: Appointment to Audit Committee. The report recommends that Council consider an appointment of a person to the Audit Committee- ORDERED on the motion of Alderman Cummings, seconded by Alderman Hopkins, that the matter be referred to the Finance Committee for comments, and further, that only the applications received by the deadline date be considered. The motion Carrie~ with the following vote: AYE: Aldermen Baker, Campbell, Chessman, Covflle, Cummings, Harrington, Hinsperger, Hopkins, err, and Pay. NAYE: Alderman Janvary. No. 81 - City Clerk & Returning Officer - Re: Municipal Election - November 12, 1985, Statement of Expenses and Contributions- The report provides information regarding By-law No. 84-10 respecting the regulation of election contributions and requiring the reporting of expenses and contributions under the provisions of Section 121 of the Municipal Elections Act, 1980; attaches a list of candidates and candidates{ reports; and recommends that the contents of this report be noted and that it he received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously- - AND - Communication No. 70 - Regional Councillor Peter Sobel - Re: Election Expenses and Contributions- The communication asks Council for a resolution supporting a Regional by-law regulating expenses and donations. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the request be approved. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Coville Cummings, Harrington, Hopkins, and Pay. NAYE: Aldermen Chessman, Hinsperger, Janvary, and err. No. 82 - Finance Committee - Re: 1986-90 Capital Budget- The report attaches the 1986 to 1990 Capital Budget for the City of Niagara Falls, and recommends that the report be received and adopted. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 83 - Finance Committee - Re: Interim Tax Levy. The report recommends that Council approve the recommended Interim Tax levy for 1986 with two installments. ORDERED on the motion of Alderman Coville, seconded By Alderman Cheesman~ that the report be received and adopted. Carried Unanimously- See Byelaw No. 86-33. No. 84 - Chief Administrative Officer ~ Re: Non-Union salaries and Benefits for 1986. The report reco~nends that City Council authorize a 4.25% salary increase for non-union employees and that By-law 85-114 be amended to include a benefit change as set out in this report. (salary adjustment to be effective January t, 1986). Alderman Janvary declared a conflict of interest with regard to the O,D.A. fee schedule because her husband has a business interest. ORDERED on the motion of Alderman Cheesmans seconded by Alderman Htnsperger that the repor~ be received and adopted. The motion Carried with Alderman Janvary abstaining from the vote on the second sectfo~h applies to the O.D.A. fee schedules on a conflict of interest previously recorded; and with the following vote: ] T AYE: Aldermen Baker, Chessman, Coville, Hinsperger, Hopkins, Janvary (salary section only), Orr, and Pay. NAYE: Aldermen Campbell, Cummings, and Herrington. See By-law No. 86-35. RESOLUTIONS No. 6 - JANVARY - CUMMINGS - RESOLVED that a message of condolence be forwarded to the family of the late Mrs. Elisabeth Jurkiewtcz, a highly respected citizen, and the first woman to be employed by the City as a Crossing Guard, and who maintained a perfect record of attendance in this position for over 23 years; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 7 - CUMMINGS - PAY - RESOLVED that a message of condolence be forwarded to the family of the late Mr. Hugh Hart, a well known member of the community and highly respected businessman, who was Chairman of the Greater Niagara Transit Commission, and throughout the years bad served on the boards of many charitable and business organizations; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 8 - PAY - CUMMINGS - WHEREAS the City of Niagara Falls, Ontario, and the City of Niagara Falls New York, share a conmort international frontier, the Niagara River; and WHEREAS the Mayors of both Jurisdictions have identified common concerns regard- ing the Niagara River; and WHEREAS the Mayors of both Jurisdictions have identified possible roles for the City Governments to facilitate the clean up and protection of the Niagara River; THEREFORE BE IT NOW RESOLVED that the Mayors of Niagara Falls, New York and Niagara Falls, Ontario agree that they will (1) invite representatives of the respective City Councils to discuss the concerns and potential roles identified; and (2) encourage Municipal participation in the solution of the Niagara River issues; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 9 - CREESMAN - CUMMINGS - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby authorizes and directs the establishment of reserves for projects and purchases as described on Schedule "A" attached hereto; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Coyills, seconded by Alderman Chessman, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 86-3.______~0- A by-law to authorize a transfer of easement in fayour of the Niagara Falls Hydro-Electric Commission. No. 86-3.__.____L1- A by-law to authorize a subdivision agreement with River Realty Development (1976) Inc. respecting the proposed Westway Estates Subdivision. No. 86-3______/2- A by-law to provide monies for general purposes. No. 86-3~- A by-law to provide an interim levy of taxes. No. 86-3_._____!4. A by-law to provide for the collection of interim taxes for the year 1986. No. 86-3______~5 - A by-law respecting sick leave credits, pensions and other benefits for employees. The motion Carrie.____~d with Aldermen Rinsperger, and Hopkins abstaining from the vote on By-law No. 86-32 on conflicts of interest previously recorded in Regort No. 79; Aldermen Janvary abstaining from the vote on By-law No. 86-35 on a conflict of interest previously recorded in Report No. 84; Aldermen Campbell, Cummings, and Herrington voting contrary on By-law No. 86-35; and all other8 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. 86-30 - A by-law to authorize a transfer of easement in favour of the Niagara Falls Hydro-Electrtc Commission- No. 86-31 - A by-law to authorize a subdivision agreement with River Realty ' Development (1976) Inc. respecting the proposed Westway Estates Subdivision. No. 86-32 - A by-law to provide monies for general purposes. ---------' No. 86-33 - A by-law to provide an interim levy of taxes. """"- No. 86-34 - A by-law to provide for the collection of interim taxes for the year ' 1986. No. 86-35 - A by-law respecting sick leave credits, pensions and other benefits """" for employees. The motion Carried with Aldermen Hinsperger, and Hopkins abstaining from the vote on By-law No"""786-32 on conflicts of interest previously recorded; Alderman Janvary abstaining from the vote on By-law No. 86-35 on a conflict of interest previously recorded; Aldermen Campbell, Cummings, and Herrington voting contrary on By-law No. 86-35; and all others voting in fayour. NEW BUSINESS SUPERMALL Alderman Cununings discussed an article which had appeared recently in the "Toronto Sun" regarding the possible development of a Supermall by the Ghermezian brothers in Niagara Falls, New York; the previous contacts of the brothers with Niagara Palls, Ontario respecting this project; and suggested that a visit should be made to Edmonton, Alberta, for a further discussion on behalf of this City- ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that Mayor Smeaton be authorized to visit Edmonton, Alberta, with additional informa- tion concerning the advantages of establishing the Supermall in Niagara Palls, Ontario, for the consideration of appropriate persons. The motion was Defeate__d with the following vote: AYE: Aldermen Chessman, Cummings, Marrington, and Janvary. NAYE: Aldermen Baker, ~ampbell, Coville, Hinsperger, Hopkins, Orr, and Pay. · .~ ~;~... CAT CONTROLg Alderman Pay discussed recent calls he had received from concerned citizens regarding cats in the community, and suggested that this matter be considered at the next meeting of the Humane Society, with suggestions respecting possible licensing and neutering of cats, and cat controls. CITY BEAUTIFICATION/SPRING CLEAN-UP Alderman Pay referred to a previous discussion on the matter of a spring clean-up, advised that the matter had been considered at a recent meeting of the Downtown Hoard of Management which intends to participate; and advised that he would raise the concern at the next meeting of the Visitor & Convention Bureau. He stated that a report would be submitted to Council following a meeting of the Civic Committee on February 26th, 1986, when the matter will be considered. Alderman Pay discussed the need for the Falls Industrial Park to be included in the beautification activities, and stated that this would be discussed at the next meeting of the Economic Development Agency. He urged members of Council to raise the subject during attendance at Boards, Committees, and Commissions. AD HOC COMMITTEES A discussion was initiated by Alderman Pay with regard to the report on Ad Hoe Committees which had recently been submitted to Council members by the Chief Administrative Officer. , . . . 8 The Chief Administrative Officer replied to questions raised respecting various Committees, and advised that a further report would be submitted with regard to a major tenant for the Arena. He stated that information was available for perusal with respect to the 1977 Special Committee respecting a by-law to prohibit smoking in public places, and further, that a central registry of the Committees would be placed in the computer file for reference purposes. TWELFTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 February 24, 1986 Council met on Monday, February 24th, 1986 at 6:00 p.m. in Committee of the ~Whole. All members of Council, with the exception of Alderman Campbell, were _present- Alderman Orr presided as Chairman. STATUS OF MARINERS BASEBALL CLUB ~ Following consideration of ~resented, the Committee of the Nhole Alderman Hinsperger requested information regarding the status of the ~arose to report in open Council~ Mariners Baseball Club and was advised by Mr. Ed Desson, President of the iREAD AND ADOPtfED, respecting the Mariners. The Chief Administrative Officer stated that a reporr~ would be submitted to Council concerning this matter. ~/~ ~ · . .... SCHOOL CLOSING/PRINCESS ELIZABETH SCHOOL RK S. SMEATON In response to Alderman Hopkins' request for information regarding theLE ~L ~I~E possible closure of the Princess Elizabeth School, His Worship Mayor Smeaton stated that his office had been contacted regarding the matter, but that official information had not been forwarded to Council. Council Chambers February 24, 1986 VACANCY ON TRANSIT COMMISSION The City Clerk advised that it would be necessary to fill the vacancy on ~ Council met on Monday, February 24th, 1986 at 7:30 p.m. for the purpose of the Greater Niagara Transit Conmission. considering general business. All members of Council, with the exception of Alderman Campbell, were present- His Worship Mayor Smeaton presided as ORDERED on the motion of/Llderman Janvary, seconded by Alderman Chessman, that Chairman. Alderman Cummings offered the Opening Prayer. the Clerk be authorized to re-advertise for applicatl~ns for the position, and to phone the previous applicants to ascertain their interest. ADOPTION OF MINUTES Carried Unanimously. Aldermen Baker, Cummings and Orr requested that the minutes of the meeting · · , , , held February 17th, 1986, be amended, under the application for a Monte Carlo licenee, to read that they were in fayour of the motion to deny the licenee. It was moved by Alderman Coyills, seconded by Alderman Hinsperger, that the · ORDERED on the motion of Alderman Pay, seconded by Alderman Baker, that the meeting adjourn. minutes of the meeting dated February 17th, 1986, be adopted as amended- Carried Unanimously. READ AND ~D, Alderman Puttick referred to Report No. 81, Municipal Election - November 12, 1985, Statement of Expenses and Contributions, which was received and adopt- ////. "' ed on February 17, 1986. He advised that he had converged with a few persons that there was no legal restriction on unused donations; and suggested reopening ~-'-~j~, · , . . ~r~ ~ a discussion under Section 28 of the Municipal Elections Act 1980. He further ITYCLERK ATO.~ suggested that retroacttvely, the surplus election donations be deposited with R the Clerk, and if not used in subsequent elections, be appropriately used by the .' ' City. Mayor Smeaton asked the Clerk if his Statement of Expenses and Contribu- tions had been submitted in accordance with the provisions of By-law 84-10. The Clerk replied that the statement had conformed to the provisions of the by-law. ORDERED on the motion of Alderman Putticks seconded by Alderman Pay, that the matter be tabled pending a report from the Provincial Tank Force. The motion Carrie~ with the following vote: AYE| Aldermen Baker, eoville, Cummings, Herrington, Hinsperger, Hopkins, Janvary, Pay and Puttick. NAYE| Aldermen theeamen, and Orr. UNFINISHED BUSINESS BINGO LOTTERY OPERATIONS - REFORT OF CHIEF ADMINISTRATIVE OFFICER ~ AND - COMMUNICATIONS & APPLICATIONS FROM ORGANIZATION Report No. 31 ~ Chief Administrative Officer - Re: Bingo Lottery Operations. The report which was received and filed January 20, 1986, provides background information regarding the hiring of a Lottery Licensing Inspector in July 1985, his subsequent resignation in October 1985; the concern of the Inspector regarding high prize boards; and the meeting with concerned persops, Councils gta~f, and the press, -AND ~ Communication No. 70A ~ Social Planning Council of Niagara Falls - Re: Bingo Inspector, The communication supports the re-hiring of a B'ingo 'Inspector. j. ~ AND - Cormnunication No. 70B - Steve Pfiffer, Chairman, St. Thomas More Bingo - Re: Binfog. The communication submits the following recommendations: to preserve and maintain smaller, regular binfog: $3,000 or less prize limit; licenoes to be limited to present holders for at least 2 years and then reviewed; Bingo Halls not be limited; Isspector is needed, with more authority; the necessity o2 preserving charity dollars from small as well as large operators, without concern regarding profits to hall owners. - AND~ Communication No. 70C - W.T. Grant, Chairman, Niagara Bingo Association - Re: Binfog. The communication provides information regarding meetings of the Association, and submits recommendations to limit the number of bingo licenoes; re-hire a Bingo Inspector; maximum payout at $3,500, bingo licences to be approved for charitable org~nizations at City Hall; all problems concerning irregularities to Be brought to the attention of the Niagara Bingo Association by the B)ngo I~spec~or; Gity Hall to review all existing licencees for validity; bingo reports to indicate "Dollar for Dollar" related to Canadian and U.S. funds; and total operating costs not to exceed 15% per bingo. Aldermen Cummings, and Hinsperger declared conflicts of interest because they are members of organizations which are involved in binfog. The City Clerk reviewed the background information in the report; referred to the meetings of interested groups and citizens; outlined the recommendations in the communications; and advised that Mr. Tom McLeod, member of the Task Force of the Lotteries Branch of the Ministry of Consumers and Commercial Relations, and Mr. Art Clark, former Bingo Inspector in Niagara Falls, were in attendance. He advised that 2 applicications had been received for public hall licenoes, and approvala had Been received from various inspectors for the public hall licenee for the former Beaver Lumber building on Drummond Road, and further, that unless concerns were expressed this evening, he would be issuing the license within the next few days. The Clerk reviewed a report concerning Bingo Revenue from July to December 1985, and referred to applications for two new public halls, and to the report which was considered in Committee of the Whole. - AND - Report No. 86 - City Solicitor - Re: APplication of Niagara Regional Native Centre to Conduct a Bingo Lottery on Sundays. The report reviews and attaches background data regarding bingo aPPlications; states that "the Lotdis Day Act (Canada) is no longer in force and, hence, the aforementioned opinior~upon which Council has based its refusal to issue bingo licenoes on Sundays is no longer legally valid"; and recommends the following: 1) That this report be received By the Committee and referred to Council's consideration of this matter as it appears on the agenda of the public meeting later this evening; and 2) That the request for a license for the operation of bingo lotteries on Sundays contained in the above noted application be approved and a licenee issued therefor, in the event that an application with corrected informa- fion and in satisfactory form is received by the Lottery Licensing Officer. Mr. Steve Pfiffer stated that the communication from St. Thomas More Bingo is self-explanatory~ and reaffirmed the recommendations in the commluntcation. Mr. McLeod, representative of the Ministry of Consumers and Commercial Relations, stated that each community deals with its own local problems By the imposition of a by-law or by mutual agreement, and further, that binfog as well as problems encountered are unique to each area, and should be resolved between the community and the organizations. He stated that Sunday bingos had been licensed for some time in other areas with limited hours to respect religious. worship on Sunday. Mr. McLeod further stated that the Provincial Task Force had investigated bingo operations throughout the Province and hoped to make recommendations to curtail or resolve the problems. Me advised that the eeport should be submitted by the middle of this year. Me responded to questions raised· The City Clerk advised that the recommendations of Staff were as follows; 1) That a Lottery Licensing Inspector be hired as soon as possible; and 2) That the prize structure be reduced from $3,500.00 to $3,000.00. - 3 - Mr. Wayne Fowler, St. Luke's Bingo, and Mrs. Leann Kinghorn, Canadian Corps .adies AuxilltarY, expressed objection to the reduction of the prize hoard from $3,500.00 co $3,000.00, and stated that a large majoritY of organizations do not want the prize board reduced. Mr. Paul Heath, Solicitor, representing the Kinsmen Club, expressed the opinion that Council should consider hiring a Bingo Inspector to become knowledgable about binfog in order to make recommendations to Council; referred to the 15% allowed for expenses and 20% given to charities; and discussed administration of bingos on an equitable basis- Mr. Art Clark referred to his former position as Bingo Inspector, the monitoring of bingo operations and the recommendations in his report to t~e City Clerk. He referred further to his former operation of binfog in Windsor and in Ottawa, where prize boards were reduced, and suggested the possibility of btngos being run on alternate weeks rather than weekly. Mr. William Cooper discussed the uncertainty of successful bingo seasons, and the difficulties encountered with reduced prize boards. Mr. John Gill discussed the solutions to problems encountered in St. Catharines, and discussed the family type versus the gambling type bin~o operation which is electronic. ORDERED on the motion of Alderman puttick, seconded By Alderman Chessman, that the reports and communications be received, and Staff be authorized to hire a Bingo Inspector. The motion Carried with Aldermen Cummings, and Hitspuffer abstaining from the vote on c~s of interest previously recorded, and all others voting in fayour. A further discussion ensued regarding the recommendation to reduce the prize board from $3,500.00 to $3,000.00, with emphasis being placed on equality. Mr. Clark discussed the different licenoes issued for different purposes in St. Oathurines- It was suggested that a trial period be approved- Mr. Mario Pingue expressed the opinion that the reduction of prize boards would he detrimental to the organizations, and deter American players from attending local binfoe- Following a brief discussion, it was moved by Alderman Puttick, seconded by Alderman Chessman, that the prize Board be reduced from $3,500.00 to $3,000.00, on a 6 month trial basis, and the submission of a report at that time. The motion Carried with Aldermen Cummings, and ginspuffer abstaining from the vote on confer interest previously recorded, and all others voting in favour. ~ AND - Communication No. 71A - Niagara Regional Native Centre - Re: Bingo Application- The group requests a license to conduct lotteries on February 16th and 23rd, and ohM arch 2rid, 9th, 16th, 23rd, and 30th, 1986. A brief discussion followed regarding Item Nos. 3 end 4, in the application, which request information with respect to the incorporation of the group as a charitable organization- Mr. McLeod responded to questions raised in connection with the application form. Mr. Wally Scott, a member of the Board of the Native Centre, advised that the documentation regarding the registration number would be provided. ORDERED on the motion Of Alderman Chessman, seconded by Alderman Orr, that the application be approved, subject to a registration mumher. The motion Carrie._____~d with Aldermen Cummings, and Minsperger abstaining from the vote on conflicts of interest previously recorded, and with the following vote: AYE: Aldermen Baker, Cheesman, Mopking, Orr, Fay, and Puttick. NAYE| Aldermen Coyills, Marrington, and Janvary. ~ AND - Communication No. 71B - The Optimist Club - Re: Bingo Application. The Club requests a special bingo licenee with a limit of $5,000.00 rather than $3,500.00 to be held each Saturday night, to support the youth work in the community. It was noted that a registration number had not been included in the application information. ORDERED on the motion of Alderman Baker, seconded by Alderman Chessman, that the applicat'ion be denied. The motion Carried with Aldermen Cummings, and Minsperger abstaining from the vote on conflicts of interest previously recorded~ and all others voting in favour. ~ 4 - ~r. ~y r;z,,~,/i~,~, President of the Associa~ion, advised r_ha: a _~.~--~bar cf t,/t},~ HJagara ar~. }. discussion followed re~ardlna denial on ~he ~sis of OPDKFED off the ~;~on Of AJder~ Puttick, ~con~ed by ~der~n ~ees~n, {-at tb~ appJ~r:at~on ~ appfoved~ eubiect to the Association produci~ a re,is[ration f~umb. r. '[%e viaties Carried with Aldermen Clients, and Hlnsper~er abstainrig tr',~m ,.1~ vote o~ conflicts of ineeresL pfevio~ly recorded, a~ wl~h the ~OIJOwisg VOLe: AYg~ Aidaryan Baker, Cneesm~n, Hopkins~ 0rr, Pay, and Puttick. NAYE: Aldermen Covil]e, Harrington, and Janvary. Co~uldc. t]on ~to. 7)D - T. Denis LaPage School of Fine ArL & Design - Re: Bingo ].o~rle~. The School requests a licenee to hold a series of bingee on ~onday n~Zh[s to ~ubsidiz. its ~bqn-profit community service preparatory art school. ~r. LeP~ge advised chat the School works for tourism an~ cultural pursuits, and ~o~e.d~d to offset its "overhead with hinges, at this point hein~ the difference ~e[we~n failure aM success". A discussion followed with respect to r,~f,traLIon mr, ber a~ charitable function. OFDEPED on the motion of Alderman Or~, seconded by Mde~n Pay, Eha~ the appI~s[Ion he denied, subject to the receipt of a reais~ra~fon number as a charitable or~an~zation. The motion Carried with Aldemen Cu~tnas, a~d }{~e~per~er abMLa]nin~ from Lhe vote on conflicts of inreres~ previously r~ecor~ed, aM all ochers vetinE in fayour. - ArID - Co~,In]naL~on He. 71E - Double Dome - Re: BluEs Application. The mihmIc~ ~n al>9].~cation for a licenee to conduct a series of ~ 5in~os on al~e~ naL~n~ Thur.day and Friday niah[s. ~o support sport for youth. Mr. Tony Goes staled CbaL he had understood there was no legal requirement for a charitable reE~tcation ~umher~ Mwever, ~he organization would ~ prepared ~o acquire this ~u~bef If neeagency. Ire reviewed the historical info~cion of Double Dome which ~erves Niagara Falle as well as other cities. The CILy SoitctLor advised that By-law 83-109 requires that a licenee 'be tesued only Lo charitable or religious organizations and two of the criteria wlLh respect Lo that are the items covered in Questions 3 and 4 on the ~lH+lfcaLlon: that the group 18 incorporated as a non-profit organizations and that the group has a number. Following further discussion regarding the requirements, it was moved by Alderman Orr, seconded by Alderman theeamen, that the application be denied. The motion Curried with Aldermen Cummings, and Htnsperger abstaining from the vote on non'filets of interest previously recorded, and all others voting in fayour. - ANti - Cnlmnoefestion No. 71F ~ United Nations Association - Re: Bingo Application. The commonicntion requests a licenee to hold a eerie8 of 4 hinges on alternating Thursday and Friday nights to support the foundation and expansion of an inter~ hallseal ehildren~s centre in Niagara Palls. Nr. James Nicholas, Director of time laneclarion advised that the group had recently moved to 4343 Queen Street {n NIagara PsLls~ reviewed the purpose of the Association and its historical background, and stated that funds were required for the foundation of an hlLernationsl Childroofs Center in Niagara Palls. Alderman .fanvary advised that a folder on the International Children~s Centre had been received and would be considered at a future Civic Committee meeting, A,Idet'rnas~ IlarrinBton declared a conflict of interest because he is a membeL of the Association, It was moved by Alderman Puttick, seconded by Alderman Chessman, that the request be denied, ORDERED on the motion of Alderman 0rr, seconded by Alderman Janvary, that the matter be tabled for further information. The motion to table took prece- dence and Carried with Aldermen Cummings, Hartlotion, and Himspatter abstaining from the ~ote on conflicts of interest previously recorded, and with the following vote: AYE: Aldermen Baker, Coville~ Hopkins, Janvary, Orr, and Pay. NAYE: Alderman theesmart, and Puttick. ~ AND ~ Communication No. 71G ~ Ontario March of Dimes ~ Re: Bingo Application. The communication requests a licenee to conduct hinges on Tuesday evenings, to support a Community and neighbourhood support services program. ORDERED on the motion of Alderman theesmart, seconded by Alderman Baker, that the application he approved. The motion Carried with Aldermen Cummings and Hinsperger abstaining from the vote on conflicts of interest previously recorded and with the following vote: AYE: Aldermen Bakers Cheesman, Hartlotion, Hopkins, err, Pay, and Puttick. NAYE: Aldermen Coville, and Janvary. COMMUNICATIONS No. 72 - P.D. Sullivan, Solicitor - Re: Vattovaz Rezoning Application, 6068 Dixon Street. The communication requests that the application be adjourned to a future date. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hfnsperger, that the communication be received and referred to the Council meeting of March 10th, 1986 for consideration. Carried Unanimously. No. 73 ~ Regional Niagara Planning & Development Departmen__t~ Re: Residential Lots. The communication provides information regarding available lots for various types of residential development in subdivisions in the Niagara Region. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay~ that the communication be received and filed. Carried UnanimouslyL REPORTS No. 87 ~ Chief Administrative Officer ~ Re: Ctty~s share of Stanley Avenue Storm Sewer ~ Ramsay Road to 700 m. north. The report recommends the following: 1) That the Ci~y's share of this storm sewer be paid from the Expansion and Renewal Fund; 2) That the Region be advised of our concurrence with chair award of this contract. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinaperger, that the report be received and adopted. Carried Unanimously. No. 88 ~ Chief Administrative Officer ~ Re: Zoning Amendment AM?13/85, Rex Motel (Ho Parist), 6247 McLeod Road ~ Withdrawal of Official Plan Amendment and Determination of Need for Further Public Notice. The report recommends the following: 1) That City Council, prior to the passing of the amending byelaw for the Rex Motel, determine by Resolution, in accordance with Section 34(16) of the Planning Act 1983, that the changes to the proposed byelaw will not require the giving of any further notice; 2) That Council enact the amending byelaw respecting the application, in accordance with Section 34(17), requiring written notice be given; 3) That Council also enact the Si~e Plan Control Byelaw respecting the lands of the application. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the report be received and adopted, Carried Unanimously~ See By-law No, 86~36 and B~-law No. 86~37. No. 89 ~ Chief Administrative Officer ~ Re: Proposed Amendment No. 143 ~ Site Plan Control Policies ~ Proposed Modifications, The report recommends the following: . . . , 6 1) That Council support the proposed modifications to Amendmen; No. 143, as detailed in this P~port; 2) That Council adopt the Resolution listed on the 1986 02 24 ageride; 3) That the Ministry of Municipal Affairs be advised accordingly. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 90 ~ Finance Co~mittee ~ Re: Committee Reports. The report recommends the following: 1) Lundy's Lane Historical Museum ~ It is recon~mended that Council approve in principle the request of The Lundy's Lane [{~storical Museum for a commitment of S10,000.00 to cover oneshalf of the cost of a feasibility study for redisigning the museum with the request that the Board of Museums investigate the possibility that the study would encompass both The Lundy's Lane and Willoughby Museums. Additional background information was provided regarding the two museums noted above. Alderman Hopkins advised that the feasibility study could not cover both museums at the same time. ORDERED on the motion of Alderman Pay, seconded by Alderman Baker, that the request be approved. The motion Carried with the following vote: AYE: Aldermen Baker, Cheesman, Coville, Herrington, Hinsperger, Hopkins, Janvary, Orr, Pay, and Puttick. NAYE: Alderman Cummings. 2) Niagara Falls Museum Board ~ ? It is recommended that the condition attached to the approval on January 27, 1986, of a grant for $2,500.00 to assist in the Board of Museums' Winratio grant, namely that the amount granted to be considered as part of their 1986 Budget allocation, be removed and that it now state that this grant will not result in a decrease to the current or future level of support provided by the City, and in addition to the ongoing funding normally provided. ORDERED on the motion of Alderman Chessman, seconded by Alderman Pay, that the recommendation be received and adopted. The motion Carried with the follows, tng vote: -- AYE: Aldermen Baker, Chessman, Coville, Marrington, Hinsperger, Hopkins, Janvary, Orr, Pay, and Puttick. NAYE: Alderman Cummings. 3) Niagara Falls Memorial Arena Special Event ~ ~ It ia recommended that Council approve of the departure from the existthE policy with respect to the use of the Niagara Falls Memorial Arena for a seven day concert series produced by "Rock 'N In The Falls Incorporated" and that the charge for this engagement be $500.00 per day plus expenses from Jnne 24th through July 5th, 1986. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, ~bat the recommendation be received and adopted. Carried Unanimously. No. 91 ~ Chief Administrative Officer ~ Re: Municipal Accounts. The report recommends that the accounts totalling $4,275,827.96 for the one week period ending February 24cb, 1986 be approved by the passing of the byelaw ap~earing later on the agenda. ' Alderman Cummings declared a conflict of interest on Cheque No.'15012 because a member of his family is involved in the program. Alderman Hinsperger declared a conflict of interest on Cheque No, 14951 because he Is employed with the company· Alderman Janvary declared a conflict of interest on Cheque No. 14936 because her husband has a business interest. Alderman Orr declared a conflict of interest on Cheque No. 15062 because she is the person involved. Following a brief discussion, it was moved by Alderman Puttick, seconded by Alderman Cununings, that Cheque No. 15003 to the Association of Municipal Clerks & Treasurers of Ontario be denied. The motion was Defeate.______~don the following VOte% AYE: Aldermen Cummings and Puttick. NAYE: Aldermen Baker, Chessman, Coyills, Earrington, Hinsperger, Hopkins, Janvary, Orr, and Pay. Additional information was provided on Cheque Nos. 14919, 14930, 14931 to 14936 inclusive, 14971, 14876, 14984, 15003, 15013, 15059, 15076, and 150q3. 0RDERED on the motion of Alderman theeamen, seconded by Alderman Coville, that the report be received and adopted. The motion Carried with Aldermen Cummings, Hinsperger, Janvary, and Orr abstaining from the vote o"""n Cheque Nos- 15012, 14951, 14936, and 15062 conaecutively, on conflicts of interest previously recorded; Alderman Orr voting contrary on Cheque No. 14944; and all others voting in fayour. No. 92 - Loan Review Committee ~ Re: O.H.R.P. Loans- The report advises that the Loan Review Committee established to examine applications received for assistance under the Ontario Home Renewal Program has reviewed the applications in the report, and recommends their approval. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report he received and adopted. Carried Unanimously. No. 93 ~ Chief Administrative Officer ~ Re: By-law Prohibiting the Removal of Topsoil in the City of Niagara Falls. The report recommends that Byelaw No. 96~19, appearing later on the agenda, be given a third reading and that this report be received and filed. ORDERED on the motion of Alderman Orr, seconded by Alderman Coyills, that the report be received and adopted. Carried Unanimously. See By-law No. 86719. No. 94 - Chief Administrative Officer ~ Re: Easter Holidays. The report recommends that no meeting of Council be scheduled for the week commencing March 31, 1986. ORDERED on the motion of Alderman Orv, seconded by Alderman Pay, that the report be received and adopted. Carried UnanimouslY, RESOLUTIONS No. 10 - CUMMINGS ~ BAKER ~ RESOLVED that this Council does determine, in accordance with the provisions of the Planning Act, 1983, that the changes to the proposed amendment ~o Zoning By-law No. 79-200 (AM. 13/85, Parisi, Rex Motel, McLeod Road) are minor in nature and do not require giving any further notice; AND the Seal of the Corporation be hereto affixm. d. Carried Unanimously. No. 11 ~- CUMMINGS - BAKER - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby requests the Ministry of Municipal Affairs to modify Amendment No. 143 as follows: 1) Policy 2.4(a) is hereby modified with the addition of the word "heavier" before the words "industrial activity"; 2) Policy 2.5 is hereby modified with the deletion of the numeral "4" and replacing it with "6"; 3) Policy 2.8 is hereby modified with the addition of the following sentence: "However, in such cases only one half of the road widening described in Section 2.7 and Schedule "A" will be taken through site plan control." ; AND~ the Seal of the Corporation be hereto affixed. Carri~' BY-LA~S ORDERED on the motion of Alderman Covllle, seconded by Alderman Cummings, that the following byelaw be now read a third time: .Np. 86-19 - A by-law to prohibit the removal of topsoil in the City of Niagara Falls. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 86-36 - A by-law to amend By-law No. 79-200, as amended.(AM-13/85, Parisi). No. 86~37 ~ A by-law to designate an area of land in the City of Niagara Falls as a site plan control area.(AM-13/85, Parisi). Ghermezian brothers, and the Ministry of Consumer and Commercial Relations' staff. He referred to the political difference between the Province of Ontario and New York State, and discussed a recent press article indicating the opinion of the Honourable Monte Kwinter, Minister of Consumer and Commercial Relations, on the matter. ENVIRONMENT CANADA/POLLUTIO REPORT Alderman Cummings referred to a recent news item regarding the holdup of a report on pollution of the Niagara River by Environment Canada. ORDERED on the motion of Alderman Curamings, seconded by A/derman Harrington, that Environment Canada he asked to release the pollution report respecting the Niagara River. Carried Unanimously. No. 86~38 ~ A byelaw to provide monies for general purposes. The motion Carried with Aldermen Cummings, Hineperger, Janvary, and art abstain- ing from the vote on By-law No. 86-38, on conflicts of interest previously recorded in Report No. 9 I; Alderman art voting contrary on By-law No. 86-38 as previously recorded in Report No. 91; 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. 86-36 . A by-law to amend By-law No. 79-200, as amended. No. 86-37 - A by-law to designate an area of land in the City of Niagara Falls as a site plan control area. No. 86~38 ~ A byelaw to provide monies for general purposes. The motion Carried with Aldermen Cummings, Hinsperger, Janvary, and art abstain- ing from the vote on By-law No. 86-38, on conflicts of interest previously recorded; Alderman art voting contrary on By-law No. 86738 as previously recorded; and all others voting in favour. NEW BUSINESS ,Y...M · C · A · Alderman Baker requested that information regarding the Y.M.C.A. should be forwarded to all Council members. He requested and received approval to participate in the upcoming Finance Coramittee meeting during the'discussion of the Y.M.C.A. MARKET VALUE BASED ASSESSMENT Alderman Baker suggested that the Assessment Commissioner be contacted arrange an update on assessment figures. The City Treasurer advised that he bad been in discussion with the Chairman of the Finance Committee and the Chief Administrative Officer regarding this matter, and further, that the Assessment Branch was willing to prepare another impact study based on 1984 figures, at request of Council. The Treasurer further advised that the matter would be considered by the Finance Committee in the near future. FAIRVIEW CEMETERY FENCE Alderman Cummings referred to the Fairview Cemetery fence on Morrison Street, adjacent to St. Androwe Churchs which had apparently been damaged during snow removal operations. He asked that the matter he investigated· SPPERMALL In response to a query from Alderman Cummings, His Worship Mayor Smearart stated that he had been in telephone contact with Nader Chermeztan in Edmonton, who was aware of the former enquiry regarding the proposed supermall, Mayor Smeaton further discussed this, and other contacts with former employees of the It was moved by Alderman Puttick, seconded by Alderman Chessman, that the meeting adjourn. THIRTEENTH MEETING COMMITTEE OF TBE ~IOLE Council met on Monday, March 3rd, 1986, Whole. All members of Council were present. Chairman. Following consideration of the arose without reporting. Committee Room #1 March 3, 1986 at 7:15 p,m. in Committee of the Alderman Cheesman presided as the Committee of the Whole CLERK SMEATON ~ING Council Chambers March 3, 1986 Council met on Monday, March 3rd, 1986 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 Hinsperger offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the minutes of the meeting dated February 24th, 1986, be adopted as printed. Carried Unanimously. DEPUTATIONS NIAGARA FALLS HUMANE SOCIETY Mr. Vincent BarbarinG, Council representative on the Humane Society, advised that animal care, and the operation of the Humane Society were "A-l". He suggested that improved public relations might improve the Society's image- PROPOSED SLUDGE STORAGE/CHIPPAWA CREEK PARKWAY, EAST OF GARNER ROAD COmmUNICATION FROM REGIONAL NIAGARA PUBLIC WORKS DEPARTMENT Communication No. 74 - Regional Niagara Public Works Departmen~ - Re: Proposed Sludge Storage - Chippaws Creek Parkway, East of Garner Road. The communication advises that the matter would be presented to City Council March 3rd, 1986, and further, that a public meeting has been scheduled for March 25th, 1986 at 3:00 p.m., at Dorchester Manor. The following persons were in attendance for the presentation from the Regional Municipality of Niagara: Mayor Stan Pettit, Township of Wainfleet; Regional Councillors William J. Marshall~ and Brian Merrett; Mr. Blair Hanslet, Ministry of the Environment, Hamilton; Mr. John Neamtz, Ministry of the Environ- merit, Welland; Con Eidt, Director of Engineering; Mel Holensk], Deputy Director and Transportation Services Engineer; Bill Molman, Engineering Services Division; Larry Bousfield, Properties Supervisor; Grant Bagshaw, Water & Pollution Control Engineer; and Rick Brady, Regional Planner. His Worship Mayor Pettit discussed th~ need for a sludge storage site in the area in order that material might be stored prior to distribution as fertilizer on farmland. He stated that environmental concerns would be addressed~ that an environmental study associated with the project would be completed, and requested the support of Council with respect to the chosen proposed site. -- I -2- Mr. Con Eidt advised that this was an informational meeting and that an application for a building permit would be submitted at a later date. He further advised that a 5 year proposal of funds has been included in the Reglonal Capital budget to cover the cost of acquiring a site for a sludge stor- age site in the south end of Niagara Fells; that developers bad shown interest in development in the south end of the City, and might consider participation in the project; and referred to the upcoming public meeting at Dorchester Manor. Mr. Eidt advised that a copy of the Environmental Study Report (E.S.R.) had been submitted to City Staff for review, and requested that comments be forwarded to the Region prior to the public meeting. He discussed the desirability of the proposed method of disposal, as well as other, more expensive procedures which would increase costs throughout the area. Messrs. Bill Holman, and Larry Souafield offered the slide presentation and explained the proposed production and disposal of sludge, the proposed facilltv, as wetl as the approval process. - MayOr P~ttft~ 'Mr. Ei'dt, and Mr. Souafield, Mr. Holman, and Mr. Hanslet res- ponded to questions raised regarding the cost factor; compactlug clay for liners in the cells; suitability of the sludge for crop fertilizer; odour at the site; metal content in the sludge and its disposal in other areas; monitoring and testing at the site by the Ministry of the Environment; and haulage by a contractor. Regional Councillor Merrett stated that this was the first informational meeting outlining the proposal, and discussed the necessity of obtaining a disposal site for the City within the area. His Worship Mayor Smeaton expressed the appreciation of Council for the presentation. Y.M.C.A. STUDY, APPRAISAL, ECONOMIC OVERVIEW, REPORT & CHATTEL MORTGAGE REPORT OF CHIEF ADMINISTRATIVE OFFICER TO THE FINANCE COMMITTEE Alderman Campbell declared a conflict of interest because the Y.M.C.A. is a client. Mr. George Kirkham, President of the Y.M.C.A., referred to the report presented to the Finance Committee earlier on this date, reviewed background details with respect to contacts with and former funding by the City, and. discussed his concerns regarding the need for funding, referred to the valuable service given by the "Y" in the past, and suggested deferring the matter for a week. tie compared funding of the "Y" with the funding of other groups; suggested that the largest problem of the "Y" was its image; and requested funding in the amount of $150~000,00 per year for 3 years. During the discussion it was suggested that the City purchase the "y" building for the outstanding amount of the mortgage, and lease it back to the "Y" for $1.00 per year. It was pointed out that the CIty owes a great deal of gratitude for the service rendered to the community over many years. A comparison was made with other services in the community which own buildings. A suggestion was made that In its present form the "y" building was too large to maintain, and further that it would not make "good economic sense" for the City to purchase the building. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that no further financial aasistanc. e be provided in the Municipal Budget for the Y.M.C.A. of Niagara Falls. The motion Carried with Alderman Campbell abstaining from the vote on e conflict of interest'~revi~usly recorded; and with the follo~tn8 vote| AYE: Aldermen Baker, Chessman, Coyills, Herrington, Htnsperger, Hopkins, Orrm Pay, and Puttick. NAYE: Aldermen Cummings, and Janvary. ORDERED on the motion of Alderman Chessman, seconded hy Alderman Janvary, that Staff be directed to submit a report regarding the Purchase of pool time at the Y.M.C.A. The motion Carried with Alderman Campbell abstaining from the vote on a eonfllct of tnterest'~reviouely recorded; and with the following vote: AYE: Aldermen Baker, Cheesman, Cov~lle, Gumminds, Rarrlngton, Hlnsperget, Hopklns, Janvary, and Pay. NAYE: Aldermen Orr, and Puttick. -3- KINGSBRIDGE THEATRE ON TFE SQUARE Mr. Don Keppy, President, and Mr. Bruce Peters, Treasurer, of the Kingsbridge Theatre on the Square artended the meeting- Mr. Keppy submitted a brief review, and a projected statement of income and revenue for consideration. He requested a "$200,000.00 interest free loan for 5 years to enable" the group to "purchase the Kaumeyer Block" on Gummington Square in Chtppawa. He discussed the recently publicized need of the Theatre Department at Niagara College for new facilities, and the gronp's contact in this respect; and referred to the formal feasibility study being completed. During the discussion that followed Mr. Keppy and Mr. Peters replied to questions raised regarding the interest of Niagara College; contacts with the Ministry of Citizenship and Culture respecting grants and subsidies, as well as information contained in the financial statements. The Chief Administrative Officer, City Solicitor, and Recreation Director responded to questions raised regarding the Ctty's position with regard to the requested loan, ownership of the building and subsidies for its purchase, grants from the Ministry, and a required mortgage. ORDERED on the motion of Alderman Curamings, seconded By Alderman Barrington, that the request for funding be approved in principle, and the matter referred to Staff for submission of a report, regarding the mechanics of the loan procedure, at the next meeting of Council. The motion ~arried with the following vote: AYE: Aldermen Baker, Chessman, Coville, Cummings, Herrington, Hinsperger, Hopkins, Janvary, and Puttick. NAYE: Aldermen Campbell, Orr, and Pay. UNFINISHED BUSINESS REPORT OF CHIEF ADMINISTRATIVE OFFICER Report No. 75 - Chief Administrative Officer - Re: Avenue and Barker Street. (TABLED from 1986 02 17). following: ALL-WAY STOP SIGNS - CARLTON AVENUE AND BARKER STREET - All-Way Stop Signs - Carlton The report recommends the I) That the CIty adopt the criteria of four accidents per year for three consecutive years for the establishment of all-way stop intersections; 2) That this intersection not he established as an all-way stop intersection at this time; That Staff continue to monitor this Intersection, reporting hack to Council If the accident trend continues to increase during 1986. Mrs. C. Jose, 5990 Carlton Avenue, represented concerned citizens of the area, and stated that the residents were not in favour of the recommendations in the report. She referred to the seasonal traffic flow; recreational, business end educational facilities in the area; the running of atop signs by vehicles on Barker Street, the.numerous accidents which she could personally attest to, and had Itemized; discussed the petition signed by 91 persons and submitted to Council at a previous meeting; and reviewed contacts with City Staff in an attempt to resolve the situation. During the discussion that followed, Alderman Pay discussed the different categories of accidents: the under $700.00 occurrence accidents, other report- able types of accidents, over $700,00 perceived by the Police Officer, and accidents that deal with fatalities. It was suggested that recommendation number one should be amended to include the words 'occurrence and reportable accidentsm· The Director of Municipal Works rssponded to questions raised regarding the possible liability position of the City if the concerns of the residents were not recognized. He explained that four-way stops basically impede traffic flow. · , o 4 -4- Regional Councillor Merrett discussed the standards set down by the Ontario Traffic Conference for four-way stops being designed for energy control purposes. He advised that the Regional Public Works Con~nittee had recommended four-way stops regardless of criteria. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the requested four-way stop signs be installed. Carried Unanimously. ORDERED on the motion of Alderman Baker, seconded by Alderman Pay, that the report be received, and the first recommendation, amended to read "that the City adopt the criteria of four nccurrence and reportable accidents per year for three consecutive years for the establishment of all-way stop intersections", be adopted. Carried Unanimously. MEMBERSHIP OF REGIONAL CHAIRMAN IN ST. CATMARINES CLUB REPORT OF MAYOR WILLIAM S. SMEATON Report No. 95 - Mayor William S. Smeaton - Re: Membership of Regional Chairman in St. Catbarines Club. The report responds to Alderman Puttick's query regard- ing the above mentioned, and advises that the previous Chairman and our present Chairman, Wilbert Dick, have been and will be totally responsible in their use of this facility as they are and have been in all matters related to the use of public funds. Alderman Puttick discussed a recent contact with the Region in connection with the aforementioned, stated that this was the first year of membership in the St. Catharines Club, and further, that the required funds are budgetted and used by receipt only. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the report he received and filed. Carried Unanimously. WARNING SIGNAL, FIRE STATION NO. 2, NIAGARA ROAD 49, (MCLEOD ROAD) COMMUNICATION FROM REGIONAL NIAGARA PUBLIC WORKS DEPARTMENT Communication No. 75 - Regional Niagara Public Works Department - Re: Warning Signal, Fire Station No. 2, Niagara Road 49, (McLeod Road). The communication attaches a copy of a letter to the Niagara Falls Fire Department dated June 1979, and advises that subject to the usual approvals, the City would be free to proceed with the flasher installation, or the work could be undertaken by NiaSara forces. His Worship Mayor Smeaton advised that the communication had been withdrawn at the request of ReSional Cormelliot Merretts since the matter was to he considered by the Regional Public Works Committee. ~ COMMUNICATIONS No, 76 - Regional Niagara Public Works Department - Re: Water/Sewage Flows Report for January 1986. The communication attaches the aforementioned report for the information of Council. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the communication be received and filed. Carried Unasimously. No. 77 - Regional Niagara Plan.ins & Development Department - Re: OWMC Steering Committee meeting. The communication attaches the minutes of the OWMC Steering Committee held February 3, 1986. ORDERED on the motion of Alderman Pays seconded by Alderman Covtlles that the communication be received and filed. Carried Unanimously. No. 78 - The Royal Canadian Legion, Branch 51 - Re: 49th Annual Pilgrimage to Cenotaph. The communication requests a parade permit for the 49th Annual Pilgrimage to the Cenotaph at Queen Victoria Park~ on May 17ths 1986. ORDERED on the motion of Alderman CummfnSs, seconded by Alderman Hinsperger, that the request be approved subject to approval from the Regional Municipality of Niagara. Carried Unanimously No. 79 - Chippawn Lions Club - Re: Annual Carnival. The communication requests approval of the Club~s Annual Carnival on June 4th to 7th, 1986 at the Chippawn Lions Community Centre. Alderman Htnsperger declared a conflict of interest because he is a member of the organization. ORDERED on the motion of Alderman Pay, seconded by Alderman Baker, that the request be approved subject to the Municipality being provided with proof of adequate insurance coverage. The motion Carried with Alderman Hinsper~er abstaining from the vote on a conflict or interest previously recorded, and all others voting in favour. No. 80 - Chippawn Volunteer Firefighters Association - Re: Annual Benefit Slo- pitch Tournament. The Association requests a Special Occasion Permit for its Tournament, July 12 and 13, 1986 at Niagara South Arena Complex. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the request of the Chippawa Volunteer Firefighters Association for a special occasion permit for their Annual Benefit Slo-Pitch Tournament to be held on July 12th, and 13th, 1986, at the Niagara South Arena Complex, be granted 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- No. 81 - Chippawa Volunteer Firefighters Association - Re: Carltng-O'Keefe Slo- Pitch Tournament. The Association requests a Special Occasion Permit for its Tournament, 3uly lOth to 13th, 1986 at the Chippawn Fire Hall. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the request of the Chippaws Volunteer Firefighters Association for a special occasion permit for the Carling-O'Keefe Slo-Pttch Tournament to be held on July 10th, llth, 12th, and 13th, 1986, at the Chippawn Fire Hall, 8696 Banring Avenue, be granted 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. Carrie~ Unanimously. No. 82 - Greater Niagara General Hospital - Re: Community Mental Health Day Care Program. The communication attaches a copy of the Third Programme Review dated September 1985, and requests Council's continued support of the programme. ORDERED On the motion of Alderman Janvarys seconded by Alderman Pay, that the communication be received and the programme endorsed. Carried UnanimouslY. No. 83 - William A. Amadio, Solicitor - Re: Barbisan/Sptronello Application. The communication requests the approval of land severance with respect to the aforementioned application- Mr. Amadio was in attendance, and discussed the urgency of th~ situation. He requested that the subject property be exempted "humanitarian Cit ' from the y s policy supporting one severance per parcel on grounds", and explained the situation. In response to questions raised, the Planning Director advised that this was not an Official Plan policy, but a policy of Council, and at the present time Council is at liberty to waive or amend the policy. He further advised that the Planning Department would be able to make a recommendation to the Land Division Committee without prejudice to the present policy. ORDERED on the motion of Alderman Cummings, seconded hy Alderman Hinsperger, that the communication be received and the request for exemption from the City's policy of one severance per parcel be approved. The motion Carrte.______~dwith the following vote: AYE: Aldermen Baker, Campbell, Chessman, Cummings, Harrington, Hinsperger, Hopkins, Janvary, Orr, Pay, and Puttick. NAYE: Alderman Coyills. No. 84 - The Honourable Ian Scott, Attorney General - Re: Community Justice Week 1986. The communication requests participation in Community Justice Week from April 13th to 19th, 1986 ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the the week of April 13th, to 19th, 1986 be proclaimed "Community Justice Week" and the matter referred to the Civic Committee for consideration. Carried Unanimously. REPORTS No. 96 - Chief Administrative Officer - Re: AM-11/85, Applicant: C. Basilel Agent: A. Henderson; 6344 Drummond Road at Murray Street. The report recommends that Council support the proposed amendment of Mrs. C. Basile to By-law 79-200 and Staff prepare the Zoning By-law Amendment for enactment at a subsequent Council meeting, and the development.be subject to Site Plan approval, , . . , 6 -6- The City Clerk advised that the matter was tabled October 28, 1985 in order to allow all ~nterested persons the opportunity to consider the matter further. He stated that the proposal was to amend the zoning on the lands from TRM to R3 for the purpose of constructing a two storey 3 unit dwelling in the form of on- street townhouses, and amendments to other by-law provisions were required respecting minimum lot frontage, minimum exterior side yard and minimum interior side yard. The Clerk stated that the Notices of Public Meeting were mailed on January 30th, 1986. His Worship Mayor Smeaton received a positive response to a request for a show of hands of those present for or against the application. Be advised that any persons wishing to receive further notice of the passing of the by-law to submit their names and addresses to the Clerk prior to leaving the meeting. Mayor Smeaton explained the procedure of the Public Meeting. The Planning Director discussed the background information in the report, reviewed the data contained in the Technical Report, and discussed the improve- ments over the original proposal to be included in the site plan process. There was a negative response to Mayor Smeaton's request for comments from persons present in support of, or opposed to the application. Mr. A.D. Henderson, Solicitor and Agent for the Applicant, advised that the obJector's son, Mr. BrianWhite, had attended the meeting this evening and had indicated that he was in favour of the revised proposal. Mr. Henderson requested that the application be granted. He responded to questions raised with respect to trees on the property, as well as additional parking. Mayor Smeaton did not receive a response to a request for further comments, and therefore, declared the Public Meeting closed. ORDERED on the motion of Alderman Harrington, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. No. 97 - Chief Administrative Officer - Re: Canadian Institute of Planners Conference. The report reeommends that Council approve the attendance of the Director of Planning & Development at the National Conference of the Canadian Institute of Planners on the understanding that the costs incurred will be accommodated in the 1986 approved allocation for conferences and conventions. Following a brief discussion, it was moved by Alderman Puttick, seconded by Alderman Cummings that the matter be tabled for further information. The motion was Defeated on the following vote: AYE: Aldermen Cummings, Orr, and Puttick. NAYE: Aldermen Baker, Campbell, Cheesman, Coville, Harrin~ton, Hinsperger, Hopkins, Janvary, and Pay. . ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Pay, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Coville, Harrington, Hfnsperger, Hopkins, Janvary, and Pay. NAYE: Aldermen Cummings, Orr, and Puttick. No. 98 - Chief Administrative Officer - Re: O.A.F.C. Annual Conference, Scarborough, Ontario - May 4-8, 1986· The report recommends that City Council authorize the following persons to attend the Annual Conference of the Ontario Association of Fire Chiefs to be held in Scarborough, Ontario, May 4th to 6th, 1986: Chief Dave Kemp - Nigara Falls Fire Department; Area Chief Fred Wills - Chippawa Area; Area Chief Addonis Somerville - Willoughby Area; Area Chief Maurice Damera - Crowland Area. ORDERED on the motion of Alderman Coville, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. -7- No. 99 - Chief Administrative Officer - Re: Amalgamation of Parks and Cemeteries with Recreation Department. The report recommends that City Council approve the recommendations contained in this report to amalgamate the Parks and Cemeteries with the Recreation Department. 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, Campbell, Cheeaman, Coville, Cummings, Harrington, Hinsperger, Hopkins, Janvary, and Pay. NAYE: Aldermen Orr, and Puttick. No. 100 - Chief Administrative Officer - Re: Sign By-law No. 5245. The report recommends that the by-law appearing on tonight's Council Agenda be approved- The by-law will rescind By-law No. 5245, 1955, and amend By-law No. 6661, 1964, to provide that certain tourist establishments may only advertise on the site of the establishment. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See By-law No. 96-39. No. 101 - Municipal Works Committee - Re: recommends the following: Committee Reports. The report 1) Basement Flooding at the Waldorf - Kitchener St. at Stanley Ave. - - It is recommended that this advisory report be received and filed for information and appropriate consideration be given in future budgets to remedy the basement flooding problems being experienced. 2) 1986 Technical Operations Course "B" - Traffic Training Course - - It is recommended that one member of the Municipal Works Department be authorized to enroll in the 1986 Technical Operations Course "B", sponsored By the Ontario Traffic Conference- 3) Revisions to the Declaration of Policy for Development of Subdivisions - - It is r~commended: (i) That Item 3.5(b) regarding payment by the subdivider for up to 50% of an existing watermain be deleted; (ii) That Item 4.5(b) regarding payment by the subdivider for up to 50% of an existing sanitary sewermain be deleted; (iii) That Item 6.5(b) regarding payment by the subdivider for up to 50% of an existing storm sewermain be deleted. 4) Basement Flooding - Chippaws - - It is recommended that this report be received and filed. ORDERED on the motion of Alderman Janvary, seconded hy Alderman Pay, that the report be received and adopted· Carried Unanimously.. No. 102 - Chief Administrative Officer - Re: Pilot Pro~ect at Niagara Falls Water Plant. The report provides background information regarding the project, and advises that the equipment for the pilot plant is presently being manufac- tured~ and further, that the plant should be installed and operational by the end of March 1986; and recommends that the report be received and filed for information· ORDERED on the motion of Alderman Cummings, seconded by Alderman Htnsperger, that the report be received and adopted. Carried Unanimously. No. 103 - Chief Administrative Officer - Re: Contract G.C. 2-86 - Underground Services in the Westway Estates Subdivision - Phase I. The report recommends that the unit prices submitted by the low tenderer~ Provincial Construction (Niagara Falls) Limited~ for Contract G.C. 2-86, be accepted, and the contract be awarded subject to the Westway Estates plan being registered· -8- ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. See Resolution No. 12. See By-law No. 86-40. No. 104 - Chief Administrative Officer - Re: Municipal Parking and Traffic Committee Membership 1986-1988. The report provides information regarding various organizations to be represented on the Committee, together with names of individuals representing each organization; and recommends that this report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 105 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $301,367.93 for the one week period ending Monday, March 3rd, 1986, be approved by the passing of the by-law appear- ing later on the agenda. Alderman Cheesman declared a conflict of interest on Cheque Nos. 15116, and 15137 because his wife is employed with the organization. Alderman Hinsperger declared a conflict of interest on Cheque Nos. 15121, and 15211 because he is employed by the company. Additional information was provided on Cheque Nos. 15117, 15194, 15203 and 15206. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Baker, that the report be received and adopted. The motion Carried with Aldermen Cheesman, and Hinsperger abstaining from the vote on Cheque'~os. 15116, 15137, 15121, and 15211 consecutively, on conflicts of interest previously recorded; and all others voting in layout. No. 106 - Chief Administrative Officer - Re: D.J. Turner Holdings Limited Sale to Hetherington & Deans Limited. The report recommends that Council approve of the removal of certain restrictions contained in a deed for 5156 Victoria Avenue being purchased by Hetherington & Deans Limited. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 107 - Chief Administrative Officer - Re: Appointment to Transit Commi~ion. The report recommends that Council appoint a person to the Transit Commission to fill the vacancy created by the death of Mr. Hugh Hart, such appointment to be effective until November 30, 1987. Following a paper ballot, it was moved by Alderman Cummings, seconded by Alderman Hinsperger, that the report be received, and Donald H. Pierson be appointed to the Transit Commission. The motion Carried with the following Vote: ' AYE: Aldermen Baker, Campbell, Covllle, Cummings, Marrington, Hinsperger, Hopkins, Janvary, Orr, Pay~ and Puttick, NAYE: Alderman Cheesman. ***** It was moved by Aideman Cunmings, seconded by Alderman Baker, that approval be given to proceed past 11:00 p.m. The motion Carried with the following vote: AYE: Aldermen Baker, Cheesman, Cummings, Herrington, Hinsperger~ Hopkins/ Janvary, Orr, Pay, and Puttick. NAYE: Aldermen Campbell, and Coyills. REPORT No. 108 - Chief Administrative Officer - Re: PurchaSe of Street Lights and Poles - Queen Street C.A.I.P. 2. ORDERED on the motion of Alderman Janvary, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. -9- RESOLUTION No. 12 - CUMMINGS - BAKER - RESOLVED that the unit prices submitted by provincial Construction (Niagara Falls) Limited, for Contract G.C. 2-86 - Underground Services in the Westway Estates Subdivision - Phase I, be accepted at the low tendered amount of $693,979.40; AND the Seal of the Corporation be hereto affixed- Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cunnnings, seconded by Alderman Cheesman, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 86-39 - A by-law to amend By-law No. 6661, as amended, being a by-law with respect to siggs in the City of Niagara Falls. No. 86740 -.f~.. b~law to authorize the execution of an agreement with Provincial · ' do~t'ru~t~o~ (Niagara Falls) Limited for sewermains, watermains and base road construction in the Westway Estates Subdivision - Phase I. No. 86-41 - A by-law to authorize the execution of an agreement with DeLCan, De Leuw Cather, Canada Ltd. for engineering services respecting the reconstruction of Queen Street from Erie Avenue to Ontario Avenue under C.A.I.P. 2 Redevelopmerit Plan. No. 86-42 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cheesman, and Hinsperger abstaining from the vote on By-law No.' 86-42, on conflicts of interest previously recorded in Report No. 105; and all others voting in favour. 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. 86-39 - A,by-law to amend By-law No. 6661, as amended, being a by-law with respect to signs in the City of Niagara Falls. No. 86-40 - A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for sewermains, watermains, and base road construction in the Westway Estates Subdivision - Phase I. No. 86-41 - A by-law to authorize the execution of an agreement with DeLCan, De Leuw Cather, Canada Ltd. for engineering services respecting the reconstruction of Queen Street from Erie Avenue to Ontario Avenue under C.A.I.P- 2 Redevelopment Plan. No. 86-42 - A by-law to provide monies for general purposes. The motion Carried With Aldermen Chessman, and Hinsperger abstaining from the vote on By-law No.' 86-42, on conflicts of interest previously recorded; and all others voting in layout. NEW BUSINESS ITEMS OF INTEREST Aldermen Cummings, Pay, Harrington, and Janvary conunented on the following events they had artended: Easter Seal Auction, Club Itslid Pageant~ Annual St. John Ambulance meeting, Junior Achievement of the Niagara Peninsula meeting, Morrison Street United Church Youth Appreciation Dinner, and Citizenship Court. Alderman Pay referred to the activities, for under and over age 20, at the diamonds in the major parks in the City. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the Recreation Department prepare a report regarding the use of the major hall diam- onds in the City, specifically at, Oakes Park, Ker Park, and Palmet Park. Carried Unanimously. . . . . 10 - 10 - P~OTHOLES Alderman Pay requested that the Municipal Works Department prepare a report regarding the repair of potholes. The Chief Administrative Officer advised that the requested report would be submitted at an early date. It was moved by Alderman Pu~tick, seconded by Alderman Baker, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, WILL~O~ FOURTEENTH MEETING pLANNING/REGULAR MEETING Council Chambers March 10th, 1986 Council met on Monday, March 10th, 1986, at 7:30 p.m. for the purpose of considering Planning Matters and regular business. All members of Council, with the exception of Aldermen Campbell, Chessman, Cummings, and Harrington, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Coville offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsper~er, that the minutes of the Special Meeting held February 14th, 1986, and the meeting held March 3rd, 1986, be adopted as printed. Carried Unanimously._ REPORTS - PLANNING MATTERS No. 108 - (PD/28/86) - Chief Administrative Officer - Re: Zoning Amendment Application AM-l/86, S. & M. Dose. The report recommends the following: 1) That Council support the' proposed Zoning By-law amendment as detailed in PD/22/86 and PD/28/86; 2) That Staff be directed to prepare the necessary Zoning By-law Amendment for enactment at a subsequent Council meeting. The City Clerk advised that the proposal would amend the zoning of the subject site from a Residential RSA Density Zone to an RSB Density Zone to accommodate an apartment development with an increased density and an exterior side yard tailored to acconnnodate a balcony encroachment, and further that the existing single family structure would be removed for the purpose of construct- ing a 3 storey, 15 unit apartment building. The Clerk stated that the Notices of Public Meeting had been mailed to interested persons on February 7, 1986. In response to an enquiry from Mayor Smeaton, Mr. Grant Sander, Architect, indicated his presence and that of his clients, Messrs. Maurizto and Sergio Dosa. A p~sitive response was received to Mayor Smeaton's request for a show of hands indicating the presence of interested persons. His Worship Mayor Smeaton advised that any persons wishing to receive further notice of the passage of the hy-law should submit their names and addresses to the Clerk prior to leaving the meeting. He explained the procedure of the Public Meeting. The Planning Director explained the proposal and discussed the subject lands with the assistance of a posted sketch- He advised that the current zoning of Residential Apartment 5A Density permits the lands to he used primarily for apartment dwellings or any existing lawfully established use, and that in order to proceed with the proposed development, the applicant requires au amendment to Zoning By-law 79-200, as amended. The Planning Director reviewed the following information contained in the Technical Report: Official Plan, Surrounding Land Use~ Comments from the Public Notification Process, and the Planning Review. There was a negative response to Mayor Smeaton~s request for comments from persons present, other than the applicant, in support of the application. Dr. William Leskiw, 5143 Portage Road, addressed Council in opposition to the project. He requested additional information regarding the proposed side- walk construction on Portage Roads the intended buffering of the apartment from existing residential areas, and requested permission to comment further at a later date. The Planning Director explained that the sidewalk would be with respect to the spplicant's property only, at the present time. However~ further sidewalk construction would be included at a later date, He explained that the apartment had been designed to "fit into the grading" with no difference in height respecting the existing buildings, The Planning Director referred to the necessity of the passage of a site plan agreement with respect to fencing, further buffering, and tree planting. He responded to questions raised regard- ing drainage of the parking lot. -2- In response to questions raised regarding storm drainage on the site, the Director of Municipal Works stated that the drainage would be accommodated on site by catch basins, and would not affect adjacent properties. Mr. John DeSoto, 5157 Portage Road, requested information regarding the Planning Director's comment with respect to the desirability of higher density in the area. Mr. Sauder advised that the majority of the units would be 2 bedroom units of 850 square feet, and that 15 apartments were required to make the project viable. He advised that apartments are expensive to build and rent, and discussed the compatible topography of the area, as well as the need for rental accommodation in Niagara Falls. His Worship Mayor Smeaton received a negative response to his enquiry for further comments, and therefore, declared the Public Meeting closed. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsparger, that the report be received and adopted. It was further recommended that Dr. Leskiw be notified of the date of the site plan meeting in order that he might attend. Carried Unanimously. No. 109 - (PD/25/86) - Chief Administrative Officer - Re: AM-2/86, Applicant: T.J. Vattovaz; Agent: B. Sinclair, Solicitor; Location: 6068 Dixon Street. The report recommends the following: 1) That application AM-2/86 proposing the conversion of an existing single family home located at 6068 Dixon Street to a triplex dwelling unit be denied; 2) That consideration be given to a rezoning of the property for duplex purposes subject to a revised application being submitted and further public notice. Communication No. 85 - P.D. Sullivan, Solicitor - Re: Vattovaz Rezoning Application, 6068 Dixon Street. The communication requests that the matter be adjourned to the next available date because a number of clients, opposing the application, would be out of town since the hearing date occurs during the March school break. The City Clerk referred to the information received from Mr. Sullivan,~ advised that Mr. Sinclair, the Solicitor for the Applicant was in attendance, and was in agreement with deferring the matter. It was generally agreed that the matter be tabled to a future date. No. 110 - (PD/29/86) - Chief Administrative Officer - Re: Proposed Official Plan and Zoning By-law Amendment, Office Complex, ~outh Side of Morrison Street. 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/23/86 and PD/29/86; 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 Council not consider further applications to amend the Official Plan to accommodate office developments until such time as Council has considered the recommendations of an "office facilities study". The City Clerk advised that the applicant proposes to develop the site for a 7500 square foot, two storey office building, intended for use as general office purposes, including the applfcant's consulting and construction companies. He advised further that the applicant was Joe Cuviello. The Clerk stated that the Notices of the Public Meeting had been mailed on February 7th, 1986, and further, that the Notice had been published in the Niagara Falls Review on February 8th, 1986 respecting the Official Plan Amendment. -3- His Worship Mayor Smeaton received a positive response to his request for a show of hands from persons present for or against the application. He requested that persons wishing to receive further notice of the passage of the by-law should submit names and addresses to the Clerk prior to leaving the meeting. Mayor Smeaton explained the procedure of the Public Meeting. The Planning Director explained the proposal, and discussed the subject property with the assistance of a posted sketch, with particular emphasis on the front and side yard requirements under the standards of the Official Plan. He explained that the Planning Department was concerned about the requested variances to the front yard and interior side yard requirements, and did not support the reduction to the standards. The Planning Director discussed the possible saturation on the market of office facilities in the City, and reviewed the recommendations in the report. There was a negative response to Mayor Smeaton's request for comments from persons present, other than the developer or his agent in fayour, or opposed to the application. Mr. Brian Sinclair, Solicitor for the applicant, advised that Mr. Cuviello, and Mr. Venerino V.P. Panici, Architect, were in attendance. Mr. Sinclair advised that Mr. Cuviello intended to occupy 1500 square feet, and if his application was successful, had rented all of the 7500 square feet. He discuss- ed the high quality of the proposed building, his cltent's unsuccessful attempt to purchase the land owned by the Regional Municipality of Niagara, which is adjacent on the west side 'of the subject property, and the compatibility of the land use. Mr. Sinclair advised that the parking space was required, and that if necessary, it would be preferable to vary the frontal setback rather than the side yard. A discussion followed regarding the front and side yard requirements. The Planning Director stated that by allowing the requested variances, a precedent would be created, and suggested flexibility in the side yard rather than the front yard setback. He responded to questions raised regarding the adequacy of the parking space, and building height. Mr. Venerino Panici discussed the anticipated major tenant who would occupy the top floor, and desired a central core office plan, which according to Mr. Panici was the most ideal layout for an office. He explained that this plan requires a square building, which necessitates a carport underpass, and further, that any variation would increase costs. ORDERED on the motion of Alderman Pay, seconded by Alderman Puttick, that the report be received and recommendation numbers 1 and 2 be adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Coville, Hinsperger, Janvary, Pay, and Puttick. NAYE: Aldermen Hopkins, and Orr. A discussion ensued regarding the recommendation for an office facilities study, with a moratorium on further applications to amend the Official Plan. Mr. Gordon Wyllie, Wyllie Real Estate, asked that as few restrictions as possible be placed on presently zoned land. He encouraged acceptance of the proposed application, and requested that no restrictions be placed on future developments. Following further discussion, it was moved by Alderman Baker, seconded by Alderman Janvary, that Staff be directed to consider terms of reference regard- ing office facilities in the City, and submit a report as soon as possible. The motion Carried with the following vote: AYE: Aldermen Baker, Coville, Hinsperger, Hopkins, Janvary, Pay, and Puttick. NAYE: Alderman Orr. No. 111 - (PD/24/86) - Chief Administrative Officer - Re: Request for Building Permit, Reference Plan )~R-2/OO, Part/, Corner ot McKenny Road and Lyons Creek Road (Part Lot 8, Concession 4). The report recommends that the request for a Building Permit for Part 7 of Plan 59R-2700 be approved subject to an agreement being entered into with the owner of the subject lot relative to the Cttyts re- quirements prior to the issuance of said Building permit. -4- - 5- the ORDERED on the motion of Alderman Coville, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No. 112 - Chief Administrative Officer - Re: Proposed Plan of Subdivision, "Marina Park Estates", File No. 26T-~bO17 Cornwill Investments. The recommends that the "Marina Park Estates"'Subdtviston not be approved report at this time, since this development is deemed premature until substantial reductions in sanitary sewage flows in the system in the Chippaws area have been achieved, or other means have been developed to dispose of sanitary sewage from this area. In addition, the matter of the Munter's Drain as it affects this subdivision, will also have to be resolved to the satisfaction of the City. Mr. Gabs Mallouk addressed Council on behalf of the applicant. He referred to the many months of working with the City and Regional Planning Departments with respect to this subdivision; the substantial decrease from 850 lots formerly approved, to the current application for 36 lots; the need for this subdivision in Chippaws; and flooding in the Chippaws area being caused by storm drains into the sanitary sewer system. He distributed a chart showing sanitary flows for this subdivision being directed away from the Chippaws area. Mr. Mallouk discussed the historical background of the subdivision; referred to the financial expenditure; and discussed the remedial action being taken by the Regional Municipality in order to eliminate flooding in the Chippaws area. He urged Council to approve the application, and stated that housing would not be available for a year. Mr. Mallouk further stated that they are Prepared to work with ~he Planning Department to resolve any concerns. The Director of Municipal Works advised that the Region had undertaken construction of a storm sewer on Stanley Avenue, which is a sewer separation program to reduce thefr°m Ramsey Road northerly, water flowing into the sewer system. He stated that construction was scheduled for March 24th, 1986 with a 6 week construction period. A discussion followed regarding the problem of flooding in Chippaws, and the Hunter's Drain. The Planning Director stated that the utilization of the water- course would require investigation in an attempt "to secure sufficient lands for drainage Purposes", and further, that it would be necessary to contact the Niagara Peninsula Conservation Authority in this respect. ORDERED on the motion of Alderman Janvary, seconded by Alderman Pay, that the report be received and the matter tabled for 3 to 6 months for further information. The motion Cjrried with the following vote: AYE: Aldermen Coville, Hopkins, Janvary, Orr, and Pay. NAYE: Aldermen Baker, Hlnsperger, and Puttick. No. 113 - Chief Administrative Officer - Re: Proposed Plan of Subdivision "Dorchester Village Phase III", Pile 9o. 26T-85008, Canadia, Niagara Falls, Limited. The report recommends the following: 1) That the "Dorchester Village Phase III" Subdivision be given Preliminary approval subject to the conditions enumerated in this report; 2) That Council pass the resolution appearing on tonfght's agenda respecting the review or study of land use policies to be undertaken by the Director of Planning & Development and also pass the zoning by-law amendment and interim control by-law listed on the agenda. ORDERED on the motion of Alderman Pay, seconded by Alderman that report be received and adopted. Carried Unanimously. Hinsperger, See Resolution No. 13. See By-law 90. and By-law No. 86-44. No. 114 - Chief Administrative Officer - Re: Proposed Plan of C Subdivision - "3060 Portage ~oad" I ' ' Ltd. The report recommends that ~h t~ No. 26 CD-85008(I), Cameo°nHd~}minium 0 .. me be given Preliminary approval subject to the conditions enumerated in this 60 Portage Road Condomfnium SZb report. Mr. Glen Barr, Upper Canada Consultants, and Mr. Mike Colenari, n President 'of Cameo Homes, were in attendance. Mr. Barr expressed concern with respect to the report because their request was for approval to register the condominium. He stated that in "other municipalities this is a rubber stamp process". Mr, Barr provided a background overview of the proposal, advised that the building has been completed in accordance with the site plan agreement, that prices have been established, and the applicant now finds "another agreement is required, and another $15,500.00 will be imposed". Mr. Barr expressed the view that the imposition was unfair because the sanitary sewers and watermains had already been constructed and payment made. He expressed objection to the imposed cost of "possible reconstruction of Portage Road", as well as storm sewers, and questioned the legality of the imposed costs. In response to questions raised, the City Solicitor expressed the opinion that the required services must "relate to the subdivision itself" and suggested that the matter be investigated further. The Director of Municipal Works advised that the items referred to were requirements of the Declaration of Policy for Subdivisions, but that some amend- ments had recently been made and the requirements have been "deleted". Following further discussion regarding additional requirements, it was moved by Alderman Pay, seconded by Alderman Janvary, that the matter be tabled for one week. The motion Carried with the following vote: AYE: Aldermen Baker, Coyills, Hinsperger, Hopkins, Janvary, Orr, and Pay. NAYE: Alderman Puttick. REGULAR MEETING DEPUTATIONS PUBLIC HALL LICENCE - MR. DUNCAN CAMERON The City Clerk advised that the issuance of Public Hall Licenets was a function of the Clerk's Department, however, with one exception, Council had asked that this matter be brought to its attention. He further advised that Regional Councillor Brian Merrett and indicated that residents in the area had expressed concerns in this regard. Mr. Duncan Cameron stated that all requirements had been met and expressed willingness to reply to questions raised. There was no response to Mayor Smeaton's request for con~ments from interested persons. CLOSED WARREN AVENUE ROAD ALLOWANCE - REPORT OF CHIEF ADMINISTRATIVE OFFICER Report No. 115 - Chief Administrative Officer - Re: Assignment of Lease of the Closed Warren Avenue Road Allowance. The report recommends the following: 1) That the consent of the Council be given to the further assignment of the lease by the City of the closed Warren Avenue road allowance to 656508 Ontario Limited and Gruyich Services Inc., carrying on business in partner- ship as The Skylon Tower; 2) That Council consider the request of Canadian Imperial Bank of Commerce (the Bank) for a letter from the City in which the City consents to a mortgage or charge of the lease by the Skylon Tower partnership to the Bank and agrees to certain actions being taken by the Bank in the event of default including the sale or assignment of the lease without the prior consent of the City; 3) That if the Council approves the assignment and letter, the by-law on tonight's agenda be given 3 readings and he passed. ORDERED on the motion of Alderman Orr, seconded by Alderman Hopkins~ that the report he received and adopted. Carried Unanimously. See BT-law No. 86-54. -6- UNFINISHED BUSINESS KINGSBRIDGE THEATRE-ON-THE-SQUARE (NIAGARA) INC. - REPORT OF CHIEF ADMINISTRATIVE OFFICER Report No. 116 - Chief Administrative Officer - Re: Loan to Kingsbridge Theatre-on-the-Square (Niagara) Inc. The report provides background information on the subject matter, and recommends that this report be received and filed for the information of Council. His Worship Mayor Smeaton advised that Ms. Sue Morrison, representative of the Ministry of Citizenship and Culture, was unable to attend the meeting, and the matter was being tabled for one week at the request of the Ministry. COMMUNICATIONS No. 86 - Regional Niagara Planning &DeveIopment Department - Re: OWMC Steering Committee meeting. The communication attaches the minutes of the February lOth, 1986 meeting of the OWMC Steering Committee for the information of Council. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that the communication be received and filed. Carried Unanimously. No. 87 - Ontario Waste Management Cot oration - Re: OWMC. The communication outlines the anticipated activities o~ the Corporation over the next several months, for the information of Council. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Pay, that the communication be received and filed. Carried Unanimously. No. 88 - Regional Niagara Office of the Clerk - Re: Submission to Ontario Task Force on Insurance. The communication attaches a brief regarding the afore- mentioned, for the consideration of Council. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. No. 89 - Canadian National - Re: Proposed Reductions. The communication explains the recent decision for reductions in equipment inspection, and resin- tenants personnel in Niagara Falls. ORDERED on the motion of Alderman Pay~ seconded by Alderman Hfnsperger, that the communication be received and filed. Carried Unanimously. No. 90 - The Greater Niagara General Hospital (GNGH) - Re: "Physfotherapy ~ Week". The communication asks Council to declare the week of March 17th to 23rd, 1986, "Physiotherapy Week". ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinsperger, that the request be granted subject to established policy. Carried Unanimously. .REPORTS No. 117 - Chief Administrative Officer - Re: Proposed Plan of Subdivision "Charnwood Phase lI Subdivision", File No. 26T-85013, Ontario Land Corporation. The report reconmmnds that the City Clerk be authorized to process the applica- tion for the °'Charnwood Phase II Subdivision", and that a report be prepared for Couneil's further consideration of this plan based on technical information received, public input, etc. Mr. Richard Kuchynsky, representative of the Ontario Land Corporation, advised that this proposal was an "internal re-subdivision of an existing block", that this would be in conformity with the Official Plan use and the existing neighbourhood. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Coville~ that the report be received and adopted. Carried Unanimously. No. 118 - Chief Administrative Officer - Re: Site Plan Approval, Proposed Conversion ot former Grace Abbey Nursing Home to 9 Unit Apartment Building, 6114 Culp Street. The report recommends that Council approve the site plan on display at tonight's meeting, being a proposed apartment building, and ~he site plan being sheet number 1 dated February llth, 1986 as revised February 27th, 1986, and filed with the Buildings and Inspections Department of Niagara Pall. om Merch 5th, 1986 and that .uch approval be subJee oC ; conditions outlined in the report. ORDERED on the motion of Alderman err, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. -7- No. 119 - Chief Administrative Officer - Re: Proposed Amendment No. 145, Whitewater Water Park, Proposed Modifications. The report recommends the following: 1) That Council support the proposed modifications to Amendment No. 145 as detailed in this Report; 2) That Council adopt the Resolution listed on the 1986 02 24 Agenda; 3) That Council approve the site plan on display at tontght's meeting, being the expansionary program of the Whitewater Water Park, and the site plan being number 1 dated March 10, 1986, and filed with the Buildings and Inspections Department of the City of Niagara Falls on March 10, 1986, and such approvai be subject to the conditions detailed in this report; 4) That the Ministry of Municipal Affairs be advised accordingly. On behalf of interested residents of the subject area, a representative indicated that no one was objecting to the changes. Alderman Janvary indicated that she no longer had a conflict of interest with respect to this matter. Mr. Don Martin, Designer, responded to questions raised regarding construction materials. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 14. No. 120 - Chief Administrative Officer - Re: Tenders for Hydraulic Cleaning of Sewers and Culverts, and Television Inspection of Sewers. The report recommends that the following tenders be accepted: 1) Hydraulic Cleaning of Sewers and Culverts - Thuro Sewer Services (Niagara) Ltd.; 2) Television Inspection of Sewers - Underwater Tel-Eye Sewer Services Limited. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously~ See Resolution No. 15. See By-law No. 8~-52, and By-law No. 86-53. No. 121 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $421,888.52 for the one week period ending March 10th, 1986 be approved by the passing of the by-law appearing later on the agenda. Alderman Hinsperger declared a conflict of interest on Cheque No. 15233 because he is employed with the company. Alderman Hopkins declared a conflict of interest on Cheque No. 15301 because he is employed by the firm. Additional information was provided on Cheque Nos. 15230, 15261, 15272, and 15355. ORDERED on the motion of Alderman Janvary, seconded by Alderman Pay, that the report be received and adopted. The motion Carried with Aldermen Hinsperger, and Hopkins abstaining from the vote on Cheque Nee. 15233 and 15301 consecu- ttvely, on conflicts of interest previously recorded; and all others voting in fayour. No. 122 - Chief Administrative Officer - Re: Pro-Star Niagara. The report recommends that the By-law regarding Pro-Star Niagara, which is on tonight's Council agenda, be approved. ORDERED on the motion of Alderman Htnsperger, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See B~-law No. 86-51. -8- RESOLUTIONS No. 13 - JANVARY - BAKER - WHEREAS an application has been made by Canadia Niagara Falls Limited for amendments to the Official Plan of the City of Niagara Falls Planning area and Zoning By-law No. 79-200 to permit a single family residential subdivision development on part only of lands owned by it which are designated Industrial in the said Official Plan and are within a Prestige Industrial Zone established by the said Zoning By-law; and WHEREAS it is deemed desirable that a study be undertaken in respect of the land use planning policies for those lands which are designated and are zoned industrial and lie between the proposed residential subdivision and Dorchester Road; NOW THEREFORE BE IT RESOLVED: 1) That the Director of Planning and Development is hereby directed to undertake a review or study in respect of the land use planning policies for the area of the City of Niagara Falls frosting on the easterly side of Dorchester Road between Dawson Street and Highway 420 and now designated and zoned industrial; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 14 - PAY - COVILLE - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby requests the Ministry of Municipal Affairs to modify Part 2, the Body of Amendment No. 145 as follows: 1) Section 1. is modified with its deletion; 2) Subsection (b) is modified to include the words "official plan amendment and" before the word "zoning"; 3) Subsection (d) is modified as follows: "The remainder of those lands designated 'Special Policy Area No. 5' shall be used 8olely for parking purposes. Any change in use shall require an official plan amendment and zoning by-law amendment"; Subsection (e) is modified as follows: "The parking area referenced in clause (d) above and the driveway access to it will be fenced and buffered with trees such that noise, light or undesir- able visual impacts are mitigated"; Subsection (h) is modified with its deletion; Schedule 'A' is modified with the deletion of the phrase "Lands Redesignated from Residential to Tourist Commercial" and replacing it with "Lands Desig- nated 'Residentlair" and used for parking Purposes only; 4) 5) 6) AND the Seal of the Corporation is hereto affixed. Carried Unanimously. No. 15 - HINSPERGER - PAY - RESOLVED that the unit prices submitted by Thuro Sewer Services (Niagara) Ltd. for Hydraulic Cleaning of Sewers and Culverts, be accepted at the low tendered price of $12,235.00; AND the unit prices submitted by Underwater Tel-Eye Sewer Services Limited for Television Inspection of Sewers be accepted at the low tendered amount of $12,555,00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. B_Y-LAWS ORDERED on the motion of Alderman Baker, seconded by Alderman Hinsperger, that leave be granted to introduce the following by-laws, and the by-laws be read a first timex No. 86-43 - A by-law to amend By-law No. 79-200~ as amended,(AM-14/85~ Cansdis). No. 86-44 - No. 86-45 - A by-law to prohibit certain uses of land in the PI(Prestige Industrial Zone) on the east side of Dorchester Road south of Dawson Street. (Canadia). A by-law to amend By-law No. 79-200, as amended.(AM-15/85 Cserpes). No. 86-46 - No. 86-47 - A by-law to amend By-law No. 85-238 respecting classes of development that may be undertaken in site plan control areas with- out the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 40 of the Planning Act, 1983.(Cserpes). A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area.(AM-16/85 J. Brigis). No. 86-48 - No. 86-49 - A by-law to amend By-law No. 79-200, as amended.(J. Brigis). A by-law to amend By-law No. 85-238 respecting classes of development that may be undertaken in site plan control areas with- out the approval of plans or drawings otherwise required under subsection 4 or subsection 5 of section 40 of the Planning Act, 1983.(J. Brigis). No. 86-50 - A by-law to authorize the execution of a development agreement with John Brigis. No. 86-51 - A by-law to authorize an agreement with Pro-Star Niagara for the use of the Niagara Falls Memorial Arena for a hockey school. No. 86-52 - A by-law to authorize the execution of an agreement with Thuro Sewer Services (Niagara) Ltd. for the hydraulic cleaning of sewers and culverts. No. 86-53 - A by-law to authorize the execution of an agreement with Underwater Tel-Eye Sewer Services Limited for the television inspection of sewers- No. 86-54 - A by-law to authorize the assignment of a lease of the closed Warren Avenue road allowance and a letter to Canadian Imperial Bank of Commerce. No. 86-55 - A by-law to amend By-law No. 86-1, as amended, to provide for appointments to certain Boards, Commissions and Committees. No. 86-56 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Hinsperger, and Hopkins abstaining from the vote on By-law No. 86-56, on conflicts of interest previously recorded in Report No. 121; and all others voting in favour. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Baker, that the following by-laws be now read a second and thir~,,time: No. 86-43 - A by-law to amend By-law No. 79-200, as amended. NO. 86-44 - A by-law to prohibit certain uses of land in the PI(Presttge Industrial Zone) on the east side of Dorchester Road south of Dawson Street. No. 86-45 - ~o. 86-46 - A by-law to amend By-law No. 79-200, as amended. A by-law to amend By-law No. 85-238 respecting classes of development that may be undertaken in site plan control areas with- out the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 40 of the Planning Act, 1983. ~o. 86-47 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area, - 10 - No. 86-48 - A by-law to amend By-law No. 79-200, as amended. .~o. 86-49 - A by-law to amend By-law No. 85-238 respecting classes of development that may be undertaken in site plan control areas with- out the approval of plans or drawings otherwise required under subsection 4 or subsection 5 of section 40 of the Planning Act, 1983. ~o. 86-50 - A by-law to authorize the execution of a development agreement with John Brigis. No. 86-51 - A by-law to authorize an agreement with Pro-Star Niagara for the use of the Niagara Falls Memorial Arena for a hockey school. ~o. 86-52 - A by-law to authorize the execution of an agreement with Thuro Sewer Services (Niagara) Ltd. for the hydraulic cleaning of sewers and culverts. No. 86-53 - A by-law to authorize the execution of an agreement with Underwater Tel-Eye Sewer Services Limited for the television inspection of sewers. No. 86-54 - A by-law to authorize the assignment of a lease of the closed Warren Avenue road allowance and a letter to Canadian Imperial Bank of Commerce. N_o. 86-55 -'A by-law to amend By-law No. 86-1, as amended, to provide for aPPointments to certain Boards, Commissions and Committees. N~o. 86-56 - A by-law to provide monies for general Purposes. The motion Carried with Aldermen Hfnsperger, and Hopkins abstaining from the vote on By-law No. 86-56, on conflicts of interest previously recorded; and all others voting in favour. NEW BUSINESS NIAGARA FALLS ECONOMIC DEVELOPMENT AGENCY Alderman Puttick referred to an article in the local newspaper regardin~ funding for the Niagara Regional Development Committee(NRDC), and expressed concerns regarding the roles of the Economic Development Agency(EDA) and NRDC, possible duplication of the two agencies, and funding of the EDA. Hn expressed criticism of the brochure Produced by the EDA, and discussed the possible cessation of the EDA and integration of its personnel into the NRDC. Alderman Puttick suggested that the matter of funding for the EDA be considered by Council prior to the budget deliberations in the Finance Committee. Alderman Pay expressed concern regarding costs; suggested that 'the the organizations, community groups, should be considered. referred to need of , recent meeting between Council, the NRDC, and EDA, and the NRDC'S the the 2 tier system in some communities; and expressed the view that the EDA agreement with should concentrate on Present industries with the NRDC concerning itself with industry from outside the area. MEETING WITH SLO-PITCH Alderman Pay referred to Mayer Sme , ntario representative8 on March 17t aton s upcoming meeting with Slo- to the impact of ineomiug s o_ t 8 .a esu e"ted that eonaldeJ 3 be ' P sent slo-pitch groups in the REGIONAL BUDGET Mayor Smeaton advised that he shared th gara. His ~or · proposed budEets - 11 - DUPLICATION OF SERVICES Alderman Puttick initiated a discussion regarding the possible duplication of services between the Municipality and the Region, and requested information with respect to the possibility of the Provincial Government funding a study in this regard. The Chief Administrative Officer advised that he would check with the Provincial Government to ascertain if funds were available for an in depth study regarding duplication of services. PUBLIC MEETING/YMCA Alderman Janvary advised that a Public Meeting has been scheduled on Sunday, March 16th, 1986, at 2:00 p.m., at the Y.M.C.A. It was moved by Alderman Baker, seconded by Alderman Orr, that the meeting adjourn. READ AND ADO -ED, CITY  LERK ^ FIFTEENTH MEETING REGULAR MEETING Council Chambers March 17, 1986 Council met on Monday, March 17th, 1986 at 7:30 p.m. for the purpose of considering general business. All members of Council, with the exception of Aldermen Cummings, Hinsperger, and Puttick. were present. His Worship Mayor Smeaton presided as Chairman. Alderman Pay offered the Opening Prayer, in Gaelic for St. Patrick's Day. PRESENTATION ME. HENRY MULLER His Worship Mayor Smeaton presented a City of Niagara Falls Plaque to Mr. Henry Muller, of Mullerrs Meats Limited, on behalf of City Council and the citizens of Niagara Falls, in recognition of his many years of service to the community. Mayor Smeaton discussed the firmrs new trailors with advertising slogans and videos promoting the City of Niagara Falls. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pay, seconded by Alderman Baker, that the minutes of the meeting dated March lOth, 1986, be adopted as printed. Carried Unanimously. DEPUTATIONS PROPOSED HOSPITALITY CENTRE/NIAGARA COLLEGE Mr. Hans van der Slagt, Dean of Hospitality for Niagara College, accompanied by Mr. Nell McGregor, Chairman of the Hospitality Division of the College artended the mseting. Mr. van der Slant submitted a slide presentation to Council respecting a Feasibility Study, by Marshall Macklem & Monaghan, with respect to the need for increased levels of training in the field of tourtsm and hospitality. The Study recomanended that the City of Niagara Falls should be the location of the new Tourism Hospitality Training Centre, and recommended the purchase of land rather than the renovation of existing property. Mr. van der Slagt stated that the College Board approved the recommendation in principle, and presented a plan of action. Mr. van der Slagt expressed appreciation to Council for financial assistance received in connection with the Study, and advised that further contacts would be made regarding this matter. WELCOME His Worship Mayor Smeaton welcomed Mr. Ed Mitchelson, former Reeve of Stamford Township and former member of City Council; and Mr. Walter Scott, former member of Stamford Township Council and City'Council. UNFINISHED BUSINESS UNITED NATIONS ASSOCIATION - BINGO APPLICATION Communication No. 91A - James Nicholas, Director, United Nations Association - Re: Application for Bingo Licerice. The communication advises that the Welland Chapter of the Association will operate the Hospital Medical Centre at 4343 Queen Street, and the proceeds from the proposed bingo operation will support, expand and rennovate the project. A Brochure containing background information, and further information concerning the United Nations Association were attached to the communication. - AND - Communication No. 91B- J. Walter Thomas, Niagara Falls Braneh~ United Nations Association - Re: Bingo Application. The communication advises that the Niagara Falls Branch of the United Nations Association does not support the application of Mr. Nicholas. -2- - AND - Co~nunication No. 91B - Dr. P.F. Gibney - Re: United Nations Bingo Application. The communication supports Mr. Nicholas' efforts to sstablish and fund an Inter- national Children's Centre, and asks that favourable consideration be given the application. Mr. Nicholas asked that the application be considered on its merits and referred to the benefits to the City of Niagara Fails. Mr. Ed Mitchelson, representing the Niagara Falls United Nations Associa- tion reviewed the background history of the local Association, and stated that each group was an autonomous body within each area. He further stated that the local group was concerned about the United Nations application for a bingo licence to support activities of the Welland/St. Catharines group. ORDERED on the motion of Alderman Janvary, seconded by Alderman Coville, that because of current policy, the application be denied. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Chessman, Coville, Herrington, Janvary and Pay. NAYE: Aldermen Hopkins and Orr. LOAN TO KINGSBRIDGE THEATRE-ON-THE-SQUARE - REPORT OF CHIEF ADMINISTRATIVE OFFICER Report No. ll6iTABLED 1986 03 10) - Chief Administrative Officer - Re: Loan to Kingsbridge Theatre-on-the-Square (Niagara) Inc. The report provides an overview regarding actions taken with respect to the request for a $200,000.00 interest free loan for 5 years to the Kingsbridge Theatre-on-the-Square, attaches an Offer to Purchase, sketch of the subject property, Statement of Disclosure, Amendment to Agreement, and recon~nends that the report be received and filed for the information of Council. - AND - Communication No. 92 - Petition of Residents - Re: Theatre-on-the-Square. The petition asks that Council not allocate any public funds for the purchase of buildings or land for the proposed Kingsbridge Theatre in Chippaws. Mr. Gordon McNabb, Solicitor representing the Theatre group, advised that he had discussed the report with the City Solicitor. He replied to questions raised, and provided information respecting funds raised in support of the project. Mr. MeNebb referred to the aesthetic improvements to the subject ' property, as well as the increased property values in the Village of Chippaws. Mr. John R. Virgin, 8541 Bell Crescent, was granted permission to address Council on the motion of Alderman Orr, seconded by Alderman Baker. He expressed the concerns of many citizens regarding the funding of the Theatre, and referred to a handout circular containing unanswered questions in connection with the funding. Miss Sue Morrison, Ministry of Citizenship and Culture, responded to questions raised regarding the fundlug of non-profit arts organizations eligible for various grant programs, depending upon various criteria in existence. Mr. Don Keppy was in attendance and stated that a full presentation would be made to the Board of Niagara College, in order to have the theatre program for the College accommodated in the Kingsbridge Theatre, and that representa- tives of the Provincial and Federal Governments would be at the meeting. Mr. Bryan Moore, 3747 Welland Avenue, and Kim McGraw, Chtppawa, raised questions regarding funding, and the purchase of the building. ORDERED on the motion of Alderman Orr, seconded by Alderman Campbell, that the request for funding be denied. The motion was Defeated with'the following vote: , AYE: Aldermen Campbell, Orr, and Pay. NAYE: Aldermen Baker, Cheesman, Coville, Harrington, Hopkins, and Janvary. ORDERED on the motion of Alderman Chsesman, seconded by Alderman Herrington, that the request of the Kingsbridge Theatre-on-the-Square for a $200,000.00 interest free loan for 5 years to enable it to Purchase the Kaumeyer block at CumminSton Square in Chippawa, be approved, and that no funds be advanced under'the loan until: 3 1) 2) A trust agreement between Darlene J. Armstrong and the Theatre, in a form satisfactory to the City Solicitor, has been delivered to the City; and The City Solicitor has satisfied himself that the Theatre (or its trustee) will be obtaining a good and marketable title to the property from the Vendor, free and clear of all encumbrances. The motion Carried with the following vote: AYE: Aldermen Baker, Cheesman, Coville, Harrington, Hopkins, and Janvary. NAYE: Aldermen Campbell, Orr, and Pay. PROPOSED PLAN OF CONDOMINIUM SUBDIVISION - 3060 PORTAGE ROAD Communication No. 93 - Upper Canada Consultants - Re: 3060 Portage Road. The communication advises that Cameo Homes is agreeable to placing the required securities, signing the appropriate agreement and resolving the issue at a later date, and requests Council's authorization to permit Staff to proceed. - AND - Report No. ll4(TABLED 1986 03 10) - Chief Administrative Officer - Re: Proposed Plan of Condominium Subdivision, "3060 Portage Road", File No. 26-CD-85008(1), Cameo Homes Niagara Ltd. The report recommends that the "3060 Portage Road" Condominium Subdivision be given preliminary approval subject to the conditions enumerated in this report. ORDERED on the motion of Alderman Pay, seconded by Alderman Janvarv, that the communication be received, and further that the report be received and adopted. Carried Unanimously. SOVIET OCCUPATION OF AFGHANISTAN Communication No. 94 - Rob Nicholson, M.P. - Re: Soviet Occupation of Afghanistan. The communication responds to Council's concerns regarding the above mentioned; advises of problems associated with the imposition of economic sanctions which if placed against the Soviet Union at this time would hurt the agricultural industry in this country; and further, states that Council's resolution has been forwarded to the Secretary of State for External Affairs. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the communication be received and filed. Carried Unanimously: NIAGAjRA FALLS CHAPTER OF THE ASSOCIATION FOR ADULTS & CHILDREN WITH LEARNING DISABILITIES (ACLD) Communication No. 95 - Minister of Community & Social Services - Re: A.C.L.D. The communication replies to Counctl's concern regarding funding for the afore- mentioned; advises that any previous funding by the Ministry to Niagara Falls for the Association is not known; that the funds were previously received through a one-time grant from the YMCA; and that the Ministry would attempt to facilitate a working arrangement between the Association, local Boards of Educa- tion, and the Ministry. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the communication be received and filed. Carried Unantmously~ COMMUNICATIONS No. 96 - The Niagara Peninsula Conservation Authority - Re: N.P.C.A. Fill, Construction and Alteration to Waterways Regulation. The communication advises that the Authority will now regulate filling along the noted watercourses within the City of Niagara Falls in addition to its former responsibilities; and advis- ing of an Open House on April 3, 1986, at the Niagara Falls Public Library for informational purposes. ORDERED on the motion of Alderman Pay, seconded by Alderman Chessman, that the communication be received and filed, and as many members of Council and Staff as possible, attend the meeting. Carried Unanimously. No. 97 - Regional Niagara Office of the Clerk - Re: Fourth Quarter & Annual 1985 Building Permit Activity. The communication attaches Report DF86-25 con- taining the aforementioned information. ORDERED on the motion of Alderman Coville, seconded by Alderman Pay, that the conmunication be received and filed. Carried Unanimously_. -4- No. 98 - Regional Niagara Office of the Clerk - Re: Emergency Shelter and Assistance Program. The communication advises that the request from the City of Niagara Falls for funding under the aforementioned program is deferred until the 1986-1987 winter season. ORDERED on the motion of Alderman Pay, seconded by Alderman Harrington, that the communication be received and filed. Carried Unanimously. No. 99 - P.A. Pasquet, P. Eng. - Re: The Regional Municipality of Niagara Land Division Committee. The communication submits the 1985 year-end statistical report of the Committee. ORDERED on the motion of Alderman Janvary, seconded by Alderman Pay, that the communication be received and filed, and a letter of thanks be forwarded to Mr. Pasquet. Carried Unanimously. No. 100 - Attorney General - Re: Drinking & Driving. The connnunication outlines initiatives being undertaken regarding drinking and driving; requests assistance from the Municipality in updating information on activities in this community; and expresses appreciation to those who have helped reduce the problem. ORDERED on the motion of Alderman Pay, seconded by Alderman Herrington, that the communication be received and referred to the Niagara Safety Council for consid- eration. Carried Unanimously. No. 101 - Minister of Education - Re: Financing of Elementary & Secondary Education in Odtario. The communication attaches a copy of the Report of the Commission on the Financing of Elementary and Secondary Education in Ontario, and invites comments to be forwarded before August 1, 1986. ORDERED on the motion of Alderman Pay, seconded by Alderman Coyills, that the communication be received and filed. Carried Unanimously. No. 102 - Nancy Edmonds - Re: Y.M.C.A. The communication supports the Y.M.C.A., outlines its services, and stresses its importance in the community. ORDERED on the motion of Alderman Harrington, seconded by Alderman Chessman, that the communication be received and filed, and further, that a letter of thanks be forwarded to Nancy Edmonds. Carried Unanimously. No. 103 - The Niagara District Chiropractic Society - Re: "Spinal Health Week". The communication asks Council to proclaim the week of May 1st to 7th, 1986 as "Spinal Health Week". ORDERED on the motion of Alderman Coville, seconded hy Alderman Baker, that the request be approved subject to established policy, and further, that Mayor Smeaton sign the proclamation. Carried Unanimously. No. 104 - Donna Taylor, Promotions Manager, McDonald's Restaurant - Re: "McHappy Day VI". The communication requests Councfl to proclaim April 2rid, 1986 as "McHappy Day VI", and further, that the City pay the cost of'printing the proclamation in the Niagara Falls Review. ORDERED on the motion of Alderman Pay, seconded by Alderman Janvary, that the proclamation be approved subject to established policy..Carried Unanimously. No. 105 - Co-Ordinatsd Emergency Services - Re: "Help Thy Neighbout Week". The communication asks Councll to proclafm the week of April 21st, to 26th, 1986 as "Help Thy Neighbout Week". ORDERED on the motion of Alderman Chessman, seconded by Alderman Baker, that the request be approved subject to established polfcy. Carried Unanfmously. No. 106 - Canadian Corps Association - Re: 42rid Annual Pilgrimage Parade. The communication requests a Parade Permit for the Annual Pilgrimage Parade on June 21st, 1986. ~ ORDERED on the motion of Alderman Harrington, seconded by Alderman Pay, that the request be granted subject to the approval of the Region. Carried Unantmonsly. No. 107A - Niagara Promotion Association - Re: Blossom Festival ~86. The communication advises that the month of April 27th to May 3let, 1986 has been scheduled for the '86 Blossom Festival and requests a reduced rental rate for the Nlagara Falls Memorial Arena on May 2rid, and 3rd, 1986, for competitive events. ORDERED on the motion of Alderman Chessman, seconded by Alderman Pay, that the communication be referred to Staff for a discussion with the Association. Cartled Unanimously. 5 No. 107B - Niagara Promotion Association - Re: Blossom Festival Parade. The communication requests a Parade Permit for the Blossom Festival Parade to be held on May 3rd, 1986, and further, requests the assistance of Staff in co-ordinating the event. ORDERED on the motion of Alderman Pay, seconded by Alderman Janvary, that the request be granted subject to the approval of the Region, and Staff be authorized to assist. Carried Unanimously. No. 108 - City of Chatham - Re: Liability Insurance. The communication requests the support of Council in a resolution to the Minister of Municipal Affairs and the Association of Municipalities of Ontario (A.M.O.) regarding the high cost of Liability Insurance. ORDERED on the motion of Alderman Pay, seconded by Alderman Janvary, that the resolution he endorsed. Carried Unanimously. No. 109 - Niagara Falls Hydro Electric Commission - Re: Commissioners' Remuneration. The communication asks that Council approve of a 4.06% increase in Niagara Falls Hydro Commissioners' remuneration for the period of December 1, 1985 to November 30, 1986. ORDERED on the motion of Alderman Chessman, seconded by Alderman Pay, that the communication be received and the new remuneration figures approved. Carried Unanimously. No. 110 - G.N.B.A. - Re: Molson NHL Slo-Pitch Challenge. The communication requssts a Special Occasion Permit for the Slo-Pltch Challenge to be held June 13th to 15th, 1986 at Oakes Park. ORDERED on the motion of Alderman Pay, seconded by Alderman Coville, that the request of the Greater Niagara Baseball Association for a special occasion permit for the Molson NHL Slo-Pitch Challenge to he held on June 13th, 14th, and 15th, 1986, at Oakes Park, be granted subject to the approval of the Regional Pollce Department, the Niagara Falls Fire Department, the Niagara District Health Unit, and the Liquor Licensing Board of Ontario. Carried Unanimously. REPORTS No. 123 - Chief Administrative Officer - Re: Request for Extension to Draft Plan Approval, West Meadow Subdivision 26T-74083. The report recommends the following: l) That a Council resolution supporting a two year extension to the West Meadow draft plan of subdivision be adopted and forwarded to the Ministry of Municipal Affairs; 2) That a copy of this report be forwarded to the Ministry of Municipal Affairs and Matthews and Cameron Ltd.; 3) That the developer and his agent be requested to submft a detailed revised draft plan to the Ministry of Municipal Affairs for recirculation. Alderman Coyills declared a conflict of interest because of a business involvement. ORDERED on the motion of Alderman Chessman, seconded by Alderman Pay, that the report be recelved and adopted. The motion Cartled with Alderman Coville abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: NAY E: Aldermen Baker, Campbell Chessman, Hopkins, Janvary, Orr, and Pay. Alderman Herrington. See Resolution No. 16. No. 124 - Chief Administrative Officer - Re: Ontario Municipal Fire Prevention Officerst Association, Annual Conference, North Bay, Out. - Apt. 14-17/86. The report recommends that the Director of Fire Prevention, John Simon, be authorized to attend the Annual Conference of the Ontario Municipal Fire Preven- tion Officers' Association to ~e held in North Bay, Ontario, from April 14-17, 1986. Mr. Simon is Past President of the Association. ORDERED on the motion of Alderman Pay, seconded by Alderman Coyills, that the report be received and adopted. Carried Unanimously. !1 No. 125 - Loan Review Committee - Re: O.H.R.P. Loans. The report advises that the Ontario Home Renewal Program has been reviewed on Property Nos. 785, and 792, and recommends their approval. ORDERED on the motion of Alderman Janvary, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No. 126 - Chief Administrative Officer - Re: Site Plan Approval, Proposed 30 Unit Apartment Building, Swayze Drive (east of Portage Road). 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 A-1 dated March llth, 1986, and the site services plan being drawing number A-2 dated March llth, 1986, and both filed with the Buildings and Inspections Department of the City of Niagara Falls on March 13th, 1986, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Janvary, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No. 127 - Chief Administrative Officer - Re: Site Plan Approval, Proposed Commercial Apartment Building, McLeod Road (south side, east of Provincial Gas). The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed commercial/apartment building, and the site plan being drawing number 1 dated March 12th, 1986, and filed with the Buildings and Inspections'Department of the City of Niagara Falls on March 14th, 1986, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Baker, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No. 128 - Chief Administrative Officer - Re: Bus Stop Benches. The report recommends that in accordance with the recommendations approved in a report submitted to Council on December 16th, 1985, the City Council decide which organization(s) be awarded a contract to supply benches at bus stops. Alderman Baker declared a conflict of interest because of his involvement in an organization in the Stamford area. Mr. H.A. "Mac" McLeary, immediate Past President of the Kiwanis Club of Stamford, and Lieutenant Governor of Kiwanis, advised that the matter had been at a Club meeting earlier this evening, and suggested that the matter might cause many problems. He stated that after a decision has been reached, a contract must he negotiated within the Club, and many details worked out. ORDERED on the motion of Alderman Campbell, seconded by Alderman Pay, that a decision be reached through a draw. The motion was Defeated with Alderman Baker abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Campbell, Hopkins, Orr, and Pay. NAYE: Aldermen Chessman, Coville, Harrington, and Janvary. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Janvary, that the Kiwanis Club of Stamford be awarded the contract. The motion Carried with Alderman Baker abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Chessman, Coville, Harrington, Hopkins, and Janvary. NAYE: Aldermen Campbell, Orr, and Pay. No. 129 - Chief Administrative Officer - Re: The Buildings and Inspections Department Report for February 1986. The report provides information regarding Permits Issued for January, and Highlights for February 1986. ORDERED on the motion of Alderman Coyills, seconded by Alderman Pay, that the report be received and filed. Carried Unanimously. No. 130 - Chi__ef Administrative Officer - Re: 1986-1987 Agreement with Canadian Corps of Commissionaires. The report recommends that the by-law appearing later on the agenda, authorizing an Agreement with the Canadian Corps of Cormhis,ion- aires for by-law enforcement purposest be approved. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Harringtons that the report be received and adopted. Carried Unanimously. gee By-law No. 86-57. -7- No. 131 - Chief Administrative Officer - Re: Parking of Heavy Trucks on Carroll Avenue. The report provides background information regarding complaints received from residents on Carrol Avenue with respect to heavy trucks being parked on the street while waiting to unload cargo at Bright's Food Inc.; advises of a meeting with the President and Plant Supervisor of Bright's Foods, as well as two residents in order to resolve the problem; and recommends that the report be received and filed. Mr. Boris Zima, 4097 Carroll Avenue, and Mr. Joseph Palin, 4083 Carroll Avenue artended the meeting, and reviewed their concerns regarding the non-enforcement of 'no parking' signs, the parking of trucks in front of the hydro pole, and the conditions of the road in the subject area. Mayor Smeaton advised that he would meet with the Engineering Department Staff on March lath, 1986 in an attempt to resolve the concerns. ORDERED on the motion of Alderman Pay, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 132 - Chief Administrative Officer - Re: Contract R.C. 1-86 - Queen Street Redevelopmerit, Erie Avenue to Ontario Avenue. The report recommends that the unit prices submitted by the low tendeter, Hard Rock Paving Company Limited, for Contract R.C. 1-86, be accepted by Council. ORDERED on the motion of Alderman Pay, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. See Resolution No. 17. See By-law No. 86-59. No. 133 - Chief Administrative Officer - Re: Contract R.C. 3-86 - Road Reconstruction and Streetscape Improvements on Clifton Hill, Victoria Avenue to Falls Avenue. The report recommends that the unit prices submitted by the low tender, Stephens and Rankin, Inc., be accepted by Council. Mr. Harry Oakes was in attendance at the meeting. ORDERED on the motion of Alderman Coville, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See Resolution No. 18. See By-law No. 86-60. No. 134 - Chief Administrative Officer - Re: Equipment Rental Landfill Site. The report recommends that Nisus Construction Limited be awarded the tender for the rental of one Crawler bulldozer at $30.57 per hour and one Crawler loader at $31.82 per hour. ORDERED on the motion of Alderman Chessman, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See By-law No. 86-58. No. 135 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $6,911,675.30 for the one week period ending March 17th, 1986 be approved by the passing of the by-law appearing later on the agendat Alderman Campbell declared a conflict of interest on Cheque No. 15510 because his wife is employed by the Board; Aldermen Chessman and Herrington declared a conflict of interest on Cheque No. 15510, because they are employed with the Hoard; and Alderman Hopkins declared a conflict of interest on Cheque No. 15488 because a member of his family is involved. ORDERED on the motion of Alderman Pay, seconded by Alderman Coyills, that the report be received and adopted· The motion Carried with Aldermen Campbell, Cheesman and Herrington abstaining from the vote on Cheque No. 15510 on conflicts of interest previously recorded; Alderman Hopkins abstaining from the vote on Cheque No. 15488, on a conflict of interest previously recorded; and all others voting in fayour. No· 136 - Chief Administrative Officer - Re: AM-4/85, Restricted Area By-law No. 86-22s Proposed Cemetery, North Side of Yokum Road. The report recommends that Council reaffirm its approval of By-law No· 86-22 and direct the Clerk to forward the By-law along with the four letters of objection to the Ontario Hun- icipal Board with the request for a public hearing· -8- ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Chessman, Marrington, Hopkins, Janvary, Orr, and Pay. NAYE: Alderman Coville. RESOLUTIONS No. 16 - CHEESMAN - PAY - RESOLVED that the Council of the City of Niagara Falls supports a further two year extension of draft plan approval for the West Meadow Subdivision - (File No. 26T-74083), and that the Ministry of Municipal Affairs be so advised; AND the Seal of the Corporation be hereto affixed. The Motion Carried with Alderman Coville abstaining from the vote on a conflict of interest previously recorded; Alderman Harrington voting contrary; and all others voting in favour. No. 17 - PAY - CHEESMAN - RESOLVED that the unit prices submitted by Hard Rock Paving Company Limited for Contract R.C. 1-86 - 0ueen Street Redevelopment, Erie Avenue to Ontario Avenue - be accepted at the low tendered amount of $212,331.34; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 18 - COVILLE - PAY - RESOLVED that the unit prices submitted by Stephens and Rankin, Inc., for Contract R.C. 3-86 - Road Reconstruction and Streetscape Improvements on Clifton Hill, Victoria Avenue to Falls Avenue, be accepted at the low tendered amount of $608,031.70; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Coville, seconded by Alderman Baker, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 86-57 - A by-law to authorize an agreement with Canadian Corps of Commissionairs (Hamilton). No. 86-58 - 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. 86-59 - A by-law to authorize an agreement with Hard-Rock Paving Company Limited for the reconstruction of Queen Street from Erie Avenue to Ontario Avenue under the C.A.I.P. 2 - Queen Street Redevelopment Plan. No. 86-60 - A by-law to authorize an agreement with Stephens and Rankin Inc. for road reconstruction and streetscape improvements on Clifton Hill from Victoria Avenue to Falls Avenue. No. 86-61 - A by-law to amend By-law No. 7531, being a by-law to provide for the erection of stop signs at intersections. No. 86-62 - A by-law to amend By-law No. 83-147, being a by-law to provide for the appointment of municipal officials. ' No. 86-63 - A by-law to authorize the execution of an agreement with the Minister of Municipal Affairs respecting a project in the Clift0n ,Hill Community Improvement Project Area under the Ontario Co~nnercial Area Improvement Program and the expenditure of money for such project, The motion Carried with Alderman Orr voting contrary on By-law No. 86-62; Aldermen Campbell, Chessman, Herrington, and Hopkins, abstaining fr~ the vote on By-law No. 86-63, on conflicts of interest previously recorded in Report No. 135; and all ethers voting in fayour. -9- ORDERED on the motion of Alderman Baker, seconded by Alderman Herrington, that the following by-laws he now read a second and third time: No. 86-57 - A by-law to authorize an agreement with Canadian Corps of Commissionairs (Hamilton). No. 86-58 - A by-law to authorize the execution of an agreement with Nisus Construction Limited for the supply of equipment for the Ctty's sanitary landfill site. No. 86-59 - A by-law to authorize an agreement with Hard-Rock Paving Company Limited for the reconstruction of Queen Street from Erie Avenue to Ontario Avenue under the C.A.I.P. 2 - Queen Street Redevelopment Plan. No. 86-60 - A by-law to authorize an agreement with Stephens and Rankin Inc. for road reconstruction and streetscape improvements on Clifton Hill from Victoria Avenue to Falls Avenue. No. 86-61 - A by-law to amend By-law No. 7531, being a by-law to provide for the erection of stop signs at intersections. No. 86-62 - A by-law to amend By-law No. 83-147, being a by-law to provide for the appointment of municipal officials. No. 86-63 - A by-law to authorize the execution of an agreement with the Minister of Municipal Affairs respecting a project in the Clifton Hill Community Improvement Project Area under the Ontario Commercial Area Improvement Program and the expenditure of money for such project. The motion Carried with Alderman Orr voting contrary on By-law No. 86-62; Aldermen Campbell, Chessman, Herrington, and Hopkins, abstaining from the vote on By-law No. 86-63, on conflicts of interest previously recorded; and all others voting in favour- NEW BUSINESS ADVISORY COMMITTEE ON MUNICIPAL ELECTIONS Alderman Chessman discussed an Information for Council letter from the Ministry of Municipal Affairs, and suggested that an ad hoe committee of Council be selects4 t~.;'fOrm~late comments, advertise in the newspaper for external opinions, and ?fief information to the Advisory Committee on Municipal Elections. ORDERED on the motion of Aldermen Cheesman~ seconded by Alderman Baker, that Staff be directed to formulate a report containing external opinions for submission to Council. Carried Unanimously. -- ECONOMIC UPDATE/REGIONAL NIAGARA Alderman Chessman initiated a discussion on the economic update provided by Dominion Securities Pitfield Limited, and asked Mayor Smeaton, as a member of Regional Council, to ensure that action is taken on this matter. His Worship Mayor Smeaton advised that the recommendations had been approved last week, and that the information included in the handout had been submitted to Council from his office. INTERNATIONAL ADVERTISING/CITY OF NIAGARA FALLS Alderman Campbell discussed the lack of advertising of the City of Niagara Falls internationally through Federal and Provincial Governments. His Worship Mayor Smeaton advised that the matter would be considered by the Visitor & Convention Bureau during the budget deliberations with the Finance Committee, and that information would be submitted to Council at a later date. Alderman Pay stated that the concern had been discussed at a recent meeting of the Visitor & Convention Bureau, and that action was an~icipated through the afore- mentioned governments· · o , , 10 - 10 - Alderman Harrington referred to Can-AmWeek activities which had taken place at Myrtle Beach, South Carolina, recently and suggested that similar activities might be organized through the Visitor & Convention Bureau, perhaps in connection with the July 1st, 1986 celebrations. DIOXIN Alderman Herrington initiated a discussion regarding the information recently published in the local newspaper concerning dioxin in Chippawa Creek. Me suggested that the Ministry of the Environment might be asked to monitor and evaluate the dioxin level around the water intake for Niagara Falls. Alderman Baker proposed that the Environmental Committee should investigate this matter for further information, and keep Council appraised of the situation. His Worship b~yor Smeaton suggested that the Committee might gather information and invite representatives of the Ministry of the Environment, and the Regional Municipality to attend a meeting to consider the matter. ORDERED on the motion of Alderman Harrington, seconded by Alderman Campbell, that the Ministry of the Environment be requested to test the water near the intake to the Niagara Filtration Plant, for levels of dioxin. Carried Unanimously. LOCAL GOVERNMENT WEEK Alderman Janvary referred to the Information for Council communication from the Ministry of Municipal Affairs regarding Local Government Week, and suggested that the information be published in the local newspaper. His Worship Mayor Smeaton advised that the matter had been referred to the Civic Committee, and would be considered at the next meeting of the Committee. It was moved by Alderman Pay, seconded by Alderman Baker, that the meeting adjourn. Carried Unanimously. '~WWW ,&, ,,m~'* SIXTEENTH MEETING Council Chambers March 24, 1986 Council met on Monday, March 24th, 1986 at 7:30 p.m. for the purpose of considering general business. All members of Council, with the exception of Alderman Orr, were present- His Worship Mayor Smeaton presided as Chairman. Alderman Baker offered the Opening Prayer. ADOPTION OF MINUTES Alderman Cummings referred to the meeting of March lOth, 1986, held during his absence, and the minutes which had been adopted during his absence. He declared a conflict of interest on Report No. 113, Proposed Plan of Subdivision - "Dorchester Village Phase III", File No. 26T-85008, because he is employed with a firm in the immediate area; and further, declared a conflict of interest on Cheque No. 15388 in Report No. 121, because a member of his family is involved in the program. ORDERED on the motion of Alderman Pay, seconded by Alderman Baker, that the minutes of the meeting held March 17th, 1986, be adopted as printed. Carried Unanimously. WELCOME 24TH NIAGARA SCOUT TROOP His Worship Mayor Smeaton welcomed representatives of the 24th Niagara Scout Troop, and Scout Leader Dan Walker to the meeting. DEPUTATIONS Y.M.C.A. Alderman Campbell declared a conflict of interest because the Y.M.C.A. is a client. The following concerned citizens artended the meeting, submitted comments in support of the Y.M.C.A. programs, and discussed the Benefits of these activities to the community: Mr, Fred Poland, Niagara Falls Y's Men's Club; Mrs. Ann Bird; Mr. Tim Lambert, Niagara Falls "Y" Swim Team; Mr. Ollte Proulx; Mr. Ivan Elliott; Mr. Carmen DiMizio; and Mrs. Nancy McDonald. Mr. Rob Long, member of the Y.M.C.A. Board of Directors, reviewed letters of support from the Big Sister Association; the John Howard Society; the Family & Children's Services of Niagara; the Niagara Falls Boys' and Girls' Club; the Big Brothers Association of Greater Niagara; the Niagara South Board of Education; and the Chamber of Commerce. Dr. Stafford Dobbin, Heart Niagara, spoke in support of the 'T", submitted comments regarding the recreational use of leisure time as preventive medicine, and advised that a Federal grant had recently been received by Heart Niagara. He discussed health maintenance, and stated that the "control of health care dollars is a responsibility of the City". Mr. Rob McCulloch, Physical Director, Y.M.C.A., submitted a slide presentation, and reviewed "Y" programs for Pre-school Children, Children & Youth, Senior Citizens, Associations and Agencies. Mr. James Van Slyke, Royal Life Saving Society, discussed the need for the 25 metre pool, as well as the need for swimming and life-saving instruction offered by the "Y", to continue in this community. Mr, Tom Buchanan, Executive Director, Y.M.C.A., usin~ a slide presentation discussed the priorities set in July 1985, planning of programs, financial status, sanitation standards, and new memberships. He discussed the purchase of pool time by the City in the amount of $75,000.00 per year for the next 3 years, and a $25,000.00 grant subject to a matching $25,000.00 being raised by the "Y". 2 Mr. Buchanan recommended the following conditions: (1) In 1986 the "Y" proposes to raise $25,000.00 minimum by May 31, 19861 (2) and in 1987 and 1988 the "Y" would raise $25,000.00 minimum by March 31st of each year, prior to the City's budget approval. He suggested that the $25,000.00 from City Council be made available and be monitored by the Finance Department, and further, that the funds raised by the "Y" be confirmed and documented for the benefit of City Council. Following further discussion, it was moved by Alderman Puttick, seconded by Alderman Cummings, that Council approve of a $100,000.00 payment to the Y.M.C.A. for the year 1986; broken down as $75,000.00 for pool rental, and $25,000.00 as a Municipal grant; subject to the Y.M.C.A. raising $25,000.00 minimum through memberships, etc., by May 31st, 1986. The motion Carried with Alderman Campbell abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Mayor Smeaton, and Aldermen Cummings, Janvary, Herrington, Hopkins, and Puttick. NAYE: Aldermen Baker, Cheesman, Coyills, Hinsperger, and Pay. His Worship Mayor Smeaton declared a five minute recess at 9:45 p.m. Following the b~eak, members of Council, with the exception of Alderman Campbell, reconvened in the Council Chambers for the balance of the meeting. Y.M.C.A. - AND - Con~unication No. 111 - Chamber of Commerce - Re: Y.M.C.A. The communication advises that the "YMCA has played a large and important part in the growth of Our co~anunity and its citizens", and further, that the facilities should be an "added inducement to attract growth in our community". ORDERED on the motion of Alderman Janvary, seconded by Alderman Hopkins, that the communication be received and filed. Carried Unanimously. COF~fONICATIONS No. 112 - Downtown Board of Management - Re: Naming of Queen Street/River Road Entrance. The communication suggests a public contest to name the subject area. Mr. J. Bell, President, Downtown Board of Management, responded to questions raised. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hin~perger, that the communication be received and the concept approved. The motion Carried with the following vote: AYE: Alderman Baker, Cheesman, Coville, Cummings, Marrington, Hinsperger, Hopkins, Janvary, and Pay. NAYE: Alderman Puttick. No. 113 - Volunteer Bureau - Re: "Volunteer Week". The communication requests Council to approve the week of April 13th to 19th, 1986 as "Volunteer Week". Mrs. Lynn Savage, Co-Ordinator, Volunteer Bureau, was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Pay. She introduced Mrs. Margaret Megannety, President; Mrs. Mary Stewart and Mrs. Lydia Kitchen, members of the Board; reviewed the information contained in the communication; and discussed the valuable contribution made by volunteers in 'the community. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Covllle, that the communication ba received and the request approved subject to established policy. Carried Unanimously. No. 114 - Niagara Falls City Employees Hospital Fund - Re: C.N.O.H. Equipment Campaign. The communication asks that Council approve of a fireworks display to be held at Marineland on May 19th, 1986, with the proceeds going towards the G.N.O.H. Equipment Campaign. ORDERED on the motion of Alderman Chessman, seconded by Alderman Pay, that the request be granted subject to the approval of other authorities, and proof of sufficient liability insurance coverage. Carried Unanimously. -3- No. 115 - Willoughby Volunteer Fire Department - Re: Annual Carnival. The communication requests a Special Occasion Permit for the Annual Carnival of the Willoughby Volunteer Fire Department scheduled for July 26th, 1986. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the request of Willoughby Volunteer Fire Department for a special occasion permit for its Annual Carnival to be held on July 26th, 1986, on the firehall grounds at 12208 Sodom Road, Niagara Falls, 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. 116 - Niagara Falls Black Hawks Hockey Club - Re: Annual Easter Party. The communication requests a Special Occasion Permit for the Club's Annual Easter Party scheduled for March 29tb, 1986. ORDERED on the motion of Alderman Puttick, seconded by Alderman Pay, that the request of the Niagara Falls Black Hawks Hockey Club for a special occasion permit for its Annual Easter Party to be held on March 29th, 1986, at the Niagara 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. Carrled Unanimously. No. 117 - Martin, Sheppard - Re: Mr. & Mrs. Weaver. The communication asks Council to waive exemption of its policy in the Official Plan for Willoughby area which allows only one severance, and approve the severance of a 2 acre parcel of land on Sodom Road, owned by Mr. and Mrs. Weaver. Mr. Boyce, Solicitor, artended the meeting and indicated his willingness to reply to questions. In response to questions raised, the Planning Director advised that the City normally provides comments to the Land Division Committee regarding Council's policy with respect to the Official Plan, as well as Regional comments. He advised further that the comments of the Region would prevail in this situation. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hinsperger, that the communication be received, and the request for exemption approved. The motion Carried with the following vote: AYE: NAYE: Aldermen Baker, Chessman, Cummings, Herrington, Hinsperger, Hopkins, Janvary, Pay, and Puttick. Alderman Coville. No. 118 - Trillium Air - Re: Air Service Proposal, Niagara Regional Airport and the points Oshawa & Ottawa/Montreal. The communication requests the support of Council with respect to the proposed new services. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and the requested supported. Carried Unanimously. Alderman Campbell returned to the meeting. No. 119 - The Welland Canals Foundation Inc. - Re: Welland Canals Parkway. The communication advises of a proposed Welland Canals Parkway, as well as a series of organized urban trails, and requests Council's advice regarding procedure. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the matter be referred to Staff for recommendations. Carried Unanimously. REPORTS No. 137 - (PD30/86) - Chief Administrative Officer - Re: ST-5-7. The Region's Proposed Sludge Transfer Facility. The report recommends: 1) That Council support the establishment of a Sludge Transfer Site by the Regional Municipality of Niagara in the City's southwest Industrial District as outlined in this report| , b 4 2) -4- That Council request the Region to consider the following modifications to this proposed sludge site monitoring programme by: (a) Adding water well samples to the program; (b) Sending copies of test results to the City; and (c) Maintaining files for public access. - 5- ORDERED on the motion of Alderman Hopkins, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously_.. See By-law No. 86-68. ORDERED on the motion of Alderman Cununings, seconded by Alderman Pay, that the report be received and adopted. The motion Carried with the following vote: Regional Councillor Brian Merrett referred to the public meeting scheduled for March 25th, 1986, in the afternoon, at Dorchester Manor. No. 144 - Chief Administrative Officer - Re: Tenders for Materials - 1986. The report reconnnends that tenders for materials be accepted as outlined in the report and on the attached summary sheets. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. AYE: Aldermen Campbell, Cheesman, Covtlle, Cummings, Harrington, Hinsperger, Hopkins, Janvary, Pay, and Puttick. NAYE: Alderman Baker. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that information be forwarded to the Regional Municipality of Niagara requesting that meetings be scheduled at a more convenient time, during evenings and week-ends. Carried Unanimously. No. 138 - Recreation Commission - Re: Chairman's Annual Report - 1985. The report provides information regarding achievements in 1985, and expressing appreciation for cooperation and assistance received. ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, that the report be received and filed. Carried Unanimously. No. 139 - Recreation Commission - Re: Leisure Buddy Program. The report recommends that Council accept the principle of a Leisure Buddy Program in Niagara Falls, and request Staff to prepare a report regarding the implementa- tion of such a program. ORDERED on the motion of Alderman Pay, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. No. 140 - Chief Administrative Officer - Re: Amendment to By-law No.,71-200, Recruitment of Fire Fighters. The report recommends that City Council approve the by-law amendment that appears later on tonight's ageode. ORDERED on the motion of AIderman Cummnlngs, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See By-law No. 86-67. No. 141 - Chief Administrative Officer - Re: Fire Department Uniform Tender - 1986. The report recommends that the tenders be accepted by Council as follows: - Complete Uniforms - Wash & Wear Trousers - Shirts - Parkas - Ties - Firth Bros. Ltd.; - Muller Dry Goods; -Vince Audibert Menss Fashions; - John Marshall & Company; - Sainthill Layice. ORDERED on the motion of Alderman Pay, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. See Resolution No. 19. No. 142 - Chief Administrative Officer - Re: Demolition of City-owned buildings at 4601 and 46i7 Erie Avenue. The report recommends that City Council accept the low quotation of $2600.00 from United Contracting for the demolition of the above buildings formerly identified as the Denturist and Salvation Army Buildings. ORDERED on the motion of Alderman Pay~ seconded by Alderman Barrington, that the report be received and adopted. Carried Unanimously. No. 143 - Chief Administrative Officer - Re: Temporary Road Closing of Palmar Avenue from College crescent to Cookman Crescent. The report recommends that the by-la~ which appears on tonight~s uganda authorizing the closure of Palmet Avenue on a temporary basis from College Crescent to Cookman Crescent from March 25~ 1985 to June 26, 1985, be passed, See Resolution No. 20. No. 145 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $920,093.41 for the one week period ending March 24th, 1986 be approved by the passing of the by-law appearing later on the agenda. Alderman Cummings declared a conflict of interest on Cheque No. 15550 because a member of his family is involved in the program. Alderman Hinsperger declared a conflict of interest on Cheque No. 15513 because he is employed wlth the company. Additional information was provided on Cheque Nee. 15529, 15579 and 15585. ORDERED on the motion of Alderman Cummings, seconded by Alderman Covtlle, that the report he received and adopted. The motion Carried with Aldermen Cummings, and Hinsperger abstaining from the vote on Cheque Nee. 15550 and 15513 consec- utively, on conflicts of interest previously recorded; and all others voting in favour. No. 146 - Chief Administrative Officer - Re: Designation of the 'Marshall/Doran" Residence & Coach House, 4851 River Road under the provisions of the Ontario Heritage Act. The report recommends that the by-law appearing on this Agenda to designate the Marshall/Doran Residence & Coach House as an architecturally and historically significant property under the provisions of the Ontario Heritage Act, he passed. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously_. No. 147 - Alderman Puttick - Re: 1986 Ontario Arena Association Conference Update. The report advises that arrangements have been completed for the use of the Skyleo as the exhibition area for business displays relating to Arenas; that Honourable John Eakins, Minister of Touriam & Recreation will he the guest speaker; and anticipates a good attendance at the Conference. ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that the report he received and filed. Carried Unanimously. No. 148 - Chief Administrative Officer - Re: Proposed Changes - Provincial Electoral Boundaries. The report recommends that Council convey any concerns it may have to the Province relative to the proposed changes in the Provincial Electoral Boundaries. ORDERED on the motion of Alderman Fsy~ seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimously. No. 149 - Chief Administrative Officer - Re: Temporary Road Closing of Queen Street from Erie Avenue to Ontario Avenue. The report recommends that the by-law appearing on tonight's agenda authorizing the closure of Queen Street~ from Erie Avenue to Ontario Avenue, from April 2, 1986 to Nay 2, 1986, be passed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Covil~e, that the report be received and adopted. Carried Unanimously_.. See SF-law Nq.. 86-71. '1 I -6- RESOLUTIONS No. 19 - PAY - CAMPBELL - RESOLVED that the unit prices submitted for Fire Department Uniforms for 1986 be accepted at the low tendered amounts as follows: - Firth Bros. Ltd. Complete Uniforms - $ 10,313.09; - Mullet Dry Goods Wash & Wear Trousers - 2,288.25; -Vince Audibert Men's Fashions Shirts - 6,225.02; - John Marshall & Company Parkas - 1,738.22; - Sainthill Levine Ties - 312.98; ; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 20 - CHEESMAN - PAY - RESOLVED that the unit prices submitted by Triangle Plumbing & Heating, J.R. Ferguson Company, and Emco Supply for Tenders for Materials - 1986, be accepted at the low tendered amounts shown on the attached Tender Summaries, Schedules "A", "B", "C", "D", and "E"; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 21 - CUMMINGS - HINSPERGER - RESOLVED that the Program of Proposed Expenditures for Highway Improvements for the year 1986, dated March 24th, 1986, be adopted as presented in the total estimated amount of $5,278,300.00 with an estimated subsidy of $2s367~000.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 22 - CHEESMAN - CUMMINGS - RESOLVED that the Program of Proposed Supplementary Expenditures for Highway Improvements for the year 1986, dated March 24th, 1986, be adopted as presented in the total estimated amount of $5,217,300.00, with an estimated subsidy of $2,272,150.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 23 - JANVARY - PAY - RESOLVED that a message of condolence be forwarded to the family of the late Mr. Wesley R. Johnston, a highly respected member of the 'community and father of Murray J. Johnston, the Director of Buildings & Inspec- tions; AND the Seal of the Corporation be hereto affixed. 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. 86-65 - A by-law to designate the "Marshall'Doran" Residence & Coach House at 4851 River Road of architectural value and of historic interest. No. 86-66 - A by-law to authorize a grant to the Kingsbridge Theatre on the Square (Niagara) Inc. its Trustee. No. 86-67 - A by-law to amend By-law No. 6683, 1964 being a by-law to establish and regulate a Fire Department. No. 86-68 - A by-law to temporarily close part of Palmer Avenue. No. 86-69 - A by-law to authorize the execution of an agreement with Luigi Parise and Josephine Parise. No. 86-70 - A by-law to provide monies for general purposes. -7- No. 87-71 - A by-law to temporarily close part of Queen Street. The motion Carried with Aldermen Campbell, and Pay voting contrary on By-law No. 86-66; Aldermen Cummings, and Hinsperger abstaining from the vote on By-law No. 96-70, on conflicts of interest previously recorded in Report No. 145; and all others voting in favour. ORDERED on the motion of Alderman Baker, seconded by Alderman Cheesman, that the following by-laws be now read a second and third time: No. 86-65 - A by-law to designate the "Marshall'Doran" Residence & Coach House at 4851 River Road of architectural value and of historic interest. No. 86-66 - A by-law to authorize a grant to the Kingsbridge Theatre on the Square (Niagara) Inc. its Trustee. No. 86-67 - A by-law to amend By-law No. 6683, 1964 being a by-law to establish and regulate a Fire Department. No. 86-68 - A by-law to temporarily close part of Palmet Avenue. No. 86-69 - A by-law to authorize the execution of an agreement with Luigi Partse and Josephine Parise. No. 86-70 - A by-law to provide monies for general purposes. No. 86-71 - A by-law to temporarily close part of Queen Street. The motion Carried with Aldermen Campbell, and Pay voting contrary on By-law No. 86-66; Aldermen Cummings, and Hinsperger abstaining from the vote on By-law No. 86-70 on conflicts of interest previously recorded; and all others voting in fayour. NEW BUSINESS PUBLIC MEETING/NIAGARA RIVER His Worship Mayor Smeaton referred to the Information for Council communication from Canadians for a Clean Environment which stated that Honourable Jim Bradley, Minister of the Environment would attend a Public Meet- ing of the group on March 31, 1986 at 7:30 p.m. in the Senior Citizens Recrea- tion Centre, and discuss "efforts to clean up the Niagara River". PUBLIC NOTICE/MUNICIPAL ELECTIONS The Clerk advised that the Ministry of Municipal Affairs had placed a Public Notice in the local newspaper with respect to Municipal Elections, inviting the public to submit written comments and suggestions on the procedure. The Clerk was authorized to have an advertisement published in the Niagara Falls Review, inviting citizens to submit comments and recommendations to the Clerk's Office. It was moved by Alderman Puttick, seconded by Alderman Chessman, that the meeting adjourn. READ AND ADOP' S, SMEATON SEVENTEENTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 April 7, 1986 Council met on Monday, April 7th, 1986 at 7:00 p.m. in Committee of the Whole. 'All members of Council, with the exception of Alderman Hinsperger, were present. Aldermen C,,mmlngs, and Hopkins presided as Chairmen. Following consideration of the items presented, arose without reporting. READ AND ADOPTED, ~. the Committee of the Whole REGULAR MEETING Council Chambers April 7, 1986 Council met on Monday, April 7th, 1986 at 7:30 p.m. for the purpose of considering general business. All members of Council, with the exception of Alderman Hinsperger, were present. 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 Baker, that the minutes of the meeting held March 24th, 1986, be adopted as printed. Carried Unanimously. DEPUTATIONS CLIFTON HILL BOARD OF MANAGEMENT - 1986 BUDGET Communication No. 120 - Harry N. Oakes, Chairman, Clifton Hill B.I.A. - Re: 1986 Clifton Hill B.I.A. Budget. Mr. Oakes submitted and ~eviewed a written communication respecting the 1986 Clifton Hill B.I.A. Budget, which indicated a total expenditure of $165,385.00. and indicated that the funding was not the responsibility of the City. ORDERED on the motion of Alderman Cummingss seconded by Alderman Coville, that the communication be received and approved. Carried Unanimously. FLEA MARKET AT OPTIMIST CLUB, DORCHESTER ROAD Comunication No. 121 - Ron Fansolato - Re: Flea Market. The communication requests permission to address Council and submit a proposal to operate a flea market at the Optimist Club on Dorchester Road, with business tax being charged to Mr. Fansolato rather than to each individual vendor. Mr. Fansolato was not in attendance at the meeting. The Clerk advised that investigation of the subject area indicated that the land was zoned open space which does not permit the proposed operation. He further advised that the information had been relayed to Mr. Fansolato with the suggestion that he should contact the Buildings & Inspections Department regarding the matter. -2- COMMUNICATIONS No. 122 - Regional Niagara Office of the Clerk - Re: Construction and Reconstruction, Niagara Road 39 (Clifton Hill). The communication approves a maximum contribution to storm sewer construction, and road reconstruction in the gross amonnt of $207,000.00, for Clifton Hill, together with conditions outlined in the communication. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the communication be received and filed. Carried Unanimously. No. 123 - Regional Niagara Office of the Clerk - Re: Municipal Election Expenses & Contributions. The communication advises that information regarding the subject matter, received from the City Clerk, has been received and filed by the Regional Finance Committee. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that the communication be received and filed. Carried Unanimously. No. 124 - R~gion~.~N~gara Public Works Department - Re: Water/Sewage Flows by Mnnicipalit~.~ The~a~mmudication attaches the aforementioned report, No. DEP-2313, for the month of February 1986. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that the cowanunication be received and filed. Carried Unanimously. No. 125 - Minister of Municipal Affairs - Re: Toronto Resolution - Voting Hours of Municipal Elections. The communication refers to the above mentioned resolution, and attaches a copy of the Terms of Reference from the Advisory Committee. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. No. 126 - Minister of Natural Resources - Re: "Forest Fire Prevention Week". The communication asks Council to proclaim the week of April 20th to 26th, 1986, as "Forest Fire Prevention Week" and suggests that some activities, during Local Government Week, be focused on the forests of Ontario. It was suggested that the annual tree planting by the Boy Scouts might be synchronized with this event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the request be approved subject to established policy. Carried Unanimously. ~- No. 127 - Niagara Falls Public Library - Re: "Public Library Week In Niagara Falls". The communication requests that Council proclaim the week of October 20th to 26th, 1986 as "Public Library Week In Niagara Falls". ORDERED on the motion of Alderman Pay, seconded by Alderman Barrington, that the request be approved subject to established policy. Carried Unanimously. No. 128 - Regional Assessment Commissioner - Re: Annual Report for the 1985 Assessment Year. The communication attaches the aforementioned report and offers to meet with Council for a review of the report· ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be received and filed. Carried Unanimously. ORDERED on the motion of Alderman Harrington, seconded by Alderman Orr, that the Regional Assessment Branch representative be invited to attend a mest- ing of the Finance Committee to respond to comments with respect to Market Value Assessment versus Site Value Assessment. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Chessman, Coville, Cummings, Herrington, Hopkins, Janvary, Orr, and Pay. NAYE: Alderman Puttick. No. 129 - City of Burlington - Re: Transportation of Hazardous Goods. The communication requests support of a resolution to A.M.O. petitinning the Ontario Government to reconsider its position regarding the transportation of hazardous goods, and to enact specific legislation enabling Municipalities to control routes and hazardous materials within Municipal boundaries. Attached to the communication, the recommendations of City of Niagara Falls Fire Chief Dave Kemp suggest the following: 1) That trucks carrying dangerous goods be legislated to follow established truck routes to as-close-to their final destination as poesible; 2) That it is too restrictive and almost impossible to enforce legislation that allows a Municipality to control the types of hazardous materials that come within its Municipal boundaries, and further, that the Province should be encouraged to strictly enforce the legislation already in place, that governs the transportation of dangerous goods, especially placarding, driver education, and proper documentation of contents of the trucks. ORDERED on the motion of Alderman Pay, seconded by Alderman Hopkins, that the resolution not be endorsed, and that the Fire Chief's comments be sent to the City of Burlington and A.M.O. Carried Unanimously. No. 130 - Niagara Women in Crisis - Re: "Book Riot". The communication advises of a "Book Riot" at Niagara Industrial Mall from May 14th to 19th, 1986, and requests permission to hang a banner across Stanley Avenue, south of Morrison Street; and attaches a certificate of liability insurance coverage- ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the request be granted subject to the approval of the Regional Municipality of Niagara, and Niagara Falls Hydro. Carried Unanimously- No. 131 - The City of Peterborough - Re: Site Value Assessment. The communication requests Council to support a petition to the Ontario Government requesting that a pilot study of Site Value Assessment be completed in Peterborough. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and referred to the Regional Assessment Branch for comments. Carried Unanimously- No. 132 - United Towns Organization - Re: "United Towns Day". The communication advises that April 27th, 1986 is the anniversary of the foundation of the United Towns Organization, and invites Council to organize and partici- pate in events to provide information about the Third World. ORDERED on the motion of Alderman Pay, seconded by Alderman Coville, that the communication be received and filed. Carried Unanimouslyt REPORTS No. 150 - Mayor Smeaton - Re: Niagara River Environment. The report provides information regarding the meeting of the City Councils of Niagara Falls New York and Niagara Falls, Ontario, to discuss the Niagara River Environment, on April 15th, 1986. Mayor Smeaton reviewed the proposed agenda of the aforementioned meeting, and advised that invitations have been forwarded to the media. He further stated that Honourable Jim Bradleyis aware of the upcoming meeting, Alderman Harrington stated that further meetings should include all of the Municipalities along the Great Lakes system. No. 151 - Chief Administrative Officer - Re; Conversion of Rental Housing/Bernard Grandmalife- The report recommends that Council adopt the guidelines outlined in the Minfster's letter of February 10, 1986, for the purposes of reviewing applications for the conversion of rental units to condominium. ORDERED on the motion of Alderman Pay, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimously. No. 152 - Chief Administrative Officer - Re: Interim Housing Directions- The report recommends the following: 1) That Planning Staff be directed to prepare Terms of Reference for the preparation of the Municipal Housing Statement update and make application to the Ministry of Municipal Affairs for funding. 2) That Staff be directed to initiate discussions with the Region with respect to the coordination and provision of the necessary servicing infrastructure in our suburban growth areas, particularly in the Northwest and Chippawa Communities. The Planning Director reviewed the contents of the report. ORDERED on the motion of Alderman Janvary, seconded by Alderman Coville, that the report be received and adopted, and a copy forwarded to the Social Planning Council. Carried Unanimously. -4- No. 153 - Chief Administrative Officer - Re: T.O.P.S. Convention. The report reconm~ends that Staff be directed to reserve June 1, 2, and 3, 1989 at the Niagara Falls Memorial Arena for the T.O.P.S. Convention. ORDERED on the motion of Alderman Coyills, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. No. 154 - Chief Administrative Officer - Re: Site Plan Approval, Stamford Presbyterian Church, West side St. Paul Ave., south of McMicking St. The report reconunends that the Council approve the site plan on display at tonight's meeting, being a proposed expansion to an existing church use, and the site plan being the drawing having the latest revision date of December 16, 1985 filed with the Buildings and Inspections Department of the City of Niagara Falls on December 16th, 1985, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See gy-law No. 86-75. No. 155 - Chief Administrative Officer - Re: Minolta Tower - Signs. The report recommends that City Council approve the request to place three wall signs on the Minolta Tower as applied for. Ms. Sylvia. White, Advertising Manager for Minolta Canada Inc. artended the meeting, and responded to questions raised. ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No. 156 - Chief Administrative Officer - Re: Cash-in-lieu Agreement between The Corporation of the City of Niagara Palls and the owner of 4967 Clifton Hill. The report recommends that Council approve the preparation of a by-law authoriz- ing a Cash-in-lieu Agreement between Beefeater Niagara Limited and the City. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 157 - Chief Administrative Officer - Re: Revised Site Plan - Whitewater Park, Lundyfs Lane. The report recommends that the revised Site Plan for the Whitewater Park be approved. - AND - Communication No. 133 - A.F. Sheppard, Solicitor - Re: Whitewater Park. The communication refers to a further change relocating the wave pool and driveway to a more westerley location, and states that Mr. Sheppard will attend the meeting of Council to delay proceedings until proper notification has been complied with. Mr. Sheppard artended the meeting and exoressed objection to the lack of public notice regarding the report on this evening's agenda.. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the matter be tabled. The motion was ,Defeated with the following vote: AYE: Aldermen Campbell, Cummings, Herrington, Hopkins, and Oft. NAYE: Aldermen Baker, Cheesman, Coyills, Janvary, Pay, and Puttick. Mr. Thomas J. Salter, Supervisor Operations, Whitewater, was in attendance, and replied to questions raised. He advised that he had recently been retained by Whitewater, in connection with the wave pool, and explained the need for expansion of the pool and the proposed changes. Mr. Salter suggested that the proposal was an improvement, and expressed willingness to discuss any concerns. The Planning Director, and Director of Buildings & Inspections responded to questions raised regarding the intended changes. Council was advised that the Regional Municipality of Niagara had requested the alteration in the driveway to improve traffic flow. ORDERED on the motion of Alderman theseaman, seconded by Alderman Cummings; that the report be referred to Staff for revision, and returned to Council for consideration. It was further recommended that the concerned residents be notified of the meeting. Carried UnanimousiF. No. 158 - Chief Administrative Officer - Re: Y.M.C.A. A~reement. The report recommends that the By-law appearin8 on toniShire agenda authorizing an agree- ment between the Young Men's Christian Association and the City of Niagara Falls be approved, Alderman Campbell declared a conflict ~of interest because the Y .M,C,A. is e client· -5- The Recreation Director responded to questions regarding the proposed number of hours for public swimming; lack of public knowledge regarding public swimming at the "Y"; and the intended mailing system to resolve the problem. He discussed the controlled entrance and access for the facility, and the attendant on duty. A discussion followed regarding the intent of the motion approved by Council on March 24th, 1986, with respect to funding for the "Y". It was generally agreed that the $25,000.00 grant from the City is subject to the "Y" raising $25,000.00 by May 31st, 1986, through membership fees and other methods, and that the $75,000.00 payment for pool time is not dependent upon this condition. Mr. Tom Buchanan, Executive Director of the Y.M.C.A., expressed agreement with the above mentioned conditions. Following further discussion regarding the agreement, it was moved by Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. The motion Carried with Alderman Campbell abstaining from the vote on a conflict of interest previously recorded, and with the foliowing vote: AYE: Mayor Smeaton, and Aldermen Cheesman, Cummings, Harrington, Hopkins, and Janvary. NAYE: Aldermen Baker, Covllle~ Orr, Pay, and Puttick. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that a letter be forwarded to the Social Planning Council, requesting suggestions and comments regarding increasing the use of the Y.M.C.A. pool. The motion Carried with Alderman Campbell abstaining from the vote on a conflict of interest previously recorded, and all others voting in favour. See By-law No. 86-76. No. 159 - Chief Administrative Officer - Re: 1986 Tenders for Broad Leaf Weed Control in Parks & Cul-de-sacs, Grub Control on Cul-de-sacs, and Grass Cutting in Rural Cemeteries. The report recommends that the tender of Bobby Lawn Spray in the amount of $13,175.00 for the control of broad leaf weeds in parks and cul-de-sacs and the control of grubs on cul-de-sacs be accepted; and the tender of Grounds Master Cor~nercial Lawn & Tree Service in the amount of $1,876.00 for grass cutting in rural cemeteries 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. 24. See By-law No. 86-77. and By-law No. 86-80. No. 160 - Chief Administrative Officer - Re: 1986 Tenders for the Supply of Grass Seed & Sod. The report recommends that the following tenders for grass seed and sod be accepted: l) -Grass Seed - (All F.O.B. Fairview Cemetery) ~- a) Grass Seed Mixture - Oseco Limited; h) Fiesta Perennial Ryegrass - Oseco Limited; c) Pennlawn Red Fescue- 0seco Limited; d) Overseeding Grass Mixture - F.R. Smith Seeds Ltd. 2) Sod - (F.O.B. Fairview Cemetery) Young Sod Supply. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously_. See Resolution No, 25 No. 161 - Chief Administrative Officer - Re: 1986 Tender for Mowing of Private Lots and for Chemical Weed Control. The report recommends that the tender sub- mitted by Adrian Vander Wayden for the mowing of private lots be accepted; and that the tender submitted by Mr. Marl Murchie for chemical weed control be accepted. ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the report be received and adopted· Carried Unanimously. See Resolution No.26. See By-law No. 86-78, and By-la~ .No, 86-79. -6- No. 162 - Chief Administrative Officer - Re: 1986 Quotations for Rental of General Purpose Equipment. 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 ou the motion of Alderman Orr, seconded by Alderman Pay, that the report be received and adopted, Carried Unanimously- See Resolution No, 27, No. 163 - Parking & Traffic Committee - Re: Committee Reports. The report recommends the following: 1) Intersection Control - Yield Sign at Pettit Avenue & Dawson Street - It is recommended that a yield sign be erected on Dawson Street facing eastbound traffic at Pettit Avenue- 2) Parking on North Street frontinS the Greater Niagara General Hospital - It is recommended that the existing "No Parking" signs located on the north side of North Street between Main Street and Gladstone Avenue be replaced with "No Standing" signs. 3) Parking on Queen Street, and on Valley Way Near the Queen Street/ Valley Way Intersection It is recommended that as a result of Niagara Transit*s proposal for the relocation of their Bus stop in the vicinity of Queen Street/Valley Way intersection, it is recommended that the proposal be approved, and that five (5) additional parking spaces be established at the vacated bus stop location on Oueen Street and four (4) parking spaces be deleted at the Vailey Way/Queen Street intersection for the establishment of the proposed new Bus stop location. ORDERgD on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. No. 164 - Chief Administrative Officer - Re: North American Snow Conference, April 13-16, 1986 - Rochester, New York. The report recommends that one member of Staff be authorized to attend the North American Snow Conference to be held in Rochester, New York, from April 13th to 16th, 1986. ORDERED on the motion of Alderman Pay, seconded by Alderman Puttick, that th& report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Coyills, Cummings, Herrington, Hopkins, Janvary, Pay, and Puttick. NAYE: Alderman Orr. No. 165 - Chief Administrative Officer - Re: Protective Clothing for Municipal Employees - 1986. The report recommends that the low tender of Security Clothing Mfg. Co., be accepted for shirts, pants, coverails and shop coats at the prices indicated on the attached summary. ORDERED on the motion of Alderman Cum~ings, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. See Resolution No. 28. No. 166 - Finance Committee - Re: Committee Reports. The report recommends the following: l) Swimming Pool Admission Fees - It is recommended that single admission fees to Municipal swimming pools be not increased for 1986, but that the season passes be increased as follows: Childss Season Pass from $ 3.50 to $ 5.00 Studentss/Senior~s Season Pass from 5.00 to 7.00 Adult Student Pass from 7.00 to 14.00 Family Season Pass from 15.00 to 25.00 ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. The motion Carried with the following vote: AYEt NAYEt Aldermen Baker, Campbell, Chessman, Cu~ings, Harrington, Hopkins, Janvary, Orr, Pay, and Puttick. a .Aldermen Coville. 2) -7- Municipal Arenas Hourly Rental Rates - It is recommended that an increase in the hourly rental rate for the use of the Municipal Arenas in the amount of $5.00 per hour be approved as out- lined in Appendix I of the attached report, and that Appendix I be amended by adding a non-resident rate of $76.00 per hour, as an increase of $10.00 from the previous rate. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Coville, Cummings, Herrington, Hopkins, Janvary, Orr, Pay, and Puttick. NAYE: Alderman Cheesman. 3) Appointment to the Audit Committee - It is recommended that the matter of an appointment to the Audit Committee be referred to full Council for consideration with the suggestion that the appointment be made in the same manner as other Council appointments. ORDERED on the motion of Alderman Cummings, seconded by Alderman Covtlle, that the names of appltcatton~ received be helloted on, and the applicant with the majority of the votes receive the appointment. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Coyills, C,,~nmtngs, Harrtngton, Hopkins, Janvary, and Pay. NAYE: Aldermen Cheesman, Orr, and Puttick. Following a paper ballot, it was moved by Alderman Chessman, seconded by Alderman Herrington, that David C. McCalmont be appointed to the Audit Committee. Carried Unanimously. 4) 1986 Water Budget, Water Rates & Service Charges - It is recommended that Council adopt the 1986 Water Budget and the Water Rates and Service Charges as presented. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously.. No. 167 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $4,614,067.16 for the two week period ending April 7th, 1986 be approved by the passing of the by-law appearing later on the agerids. Alderman Campbell declared a conflict of interest on Cheque No. 15823 because his wife is employed with the Board. Alderman Cheesman declared a conflict of interest on Cheque No. 15820 because his wife is employed with the organization. Alderman C,mmtngs declared a conflict of interest with Cheque No. 15842 because a member of his family is involved in the program. Alderman Harrington declared a conflict of interest with Cheque No. 15823 because he is employed with the Board. Additional information was provided on Cheque No,. 15688, 15706, 15721, 15753, 15816, 15824, 15861, 15865, 15877, 15891, and 15907. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried. with Aldermen Campbell, Chessman, Cummings, and Earrington abstaining from the vote on conflicts of interest on cheque, recorded previously; Alderman Orr voting contrary on Cheque No,. 15794, and 15855; and all others voting in fayour. No. 168 - Civic Committee - Re: Civic Committee Events. The report recommends that in addition to proclaiming "Con~unity Justice Week", Council also proclaim "Local Government Week" and Census Day". ORDERED on the motion of Alderman Cm~etngs, seconded by Alderman Pay, that the report 'be received and adopted. Carried Unanimously. -8- No. 169 - Chief Administrative Officer - Re: Appointment to Board of Museums. The report reconnnends that Mr. Walter N. Neeset be appointed to the Board of Museums to complete Mr. Ray Wilson's term which expires at the end of 1987, ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr~ that the report be received and adopted. Carried Unanimously. No. 170 - Chief Administrative Officer - Re: Appointment to Niagara Falls Hydro Commission. The report recommends that Council appoint a person to the Rydro Commission to fill the vacancy created by the death of Mr. Ambrose Somerville on March 26, 1986. ORDERED on the motion of Alderman Campbell, seconded by Alderman Coville, that the report he received, and Joseph Cuviello be appointed to the Hydro Commission. Carried Unanimously. No. 171 - Chief Administrative Officer - Re: Municipal Handbook. The report recommends that the 1986 revised edition of the Municipal Handbook be used for reference purposes; AND that it be considered as part of our "Local Government Week" activities which commences on Monday, April 21, 1986; AND that this report be received and filed. The City Clerk was commended on taking action to obtain a refund of sales tax paid on the 1985 handbooks, as outlined in the Background information of ~he report. ORDERED on the motion of Alderman Harrtngton, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No. 172 - Chief Administrative Officer - Re: Proposed Sale of Rose Street Road Allowance. The report recommends that City Council authorize the closing and sale of the remaining portion of the Rose Street Road Allowance. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No. 173 - Chief Administrative Officer - Re: Part of Portage Road - Public Highway. The report recommends that the By-law to establish part of Portage Road North as a public highway he passed; AND that this report be received and filed. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law No. 86-74. RESOLUTIONS No. 24 - CHEESMAN - CUMMINGS - RESOLVED that the unit prices submitted by Bobby Lawn Spray, for the 1986 control of broad leaf weeds in parks and cUl-de~sacs, and the control of grubs on cul-de-sacs, he accepted at the low tendered amount of $13,175.00; AND that the unit prices submitted by Grounds Master Commercial Lawn & Tree Service for grass cutting in rural cemeteries in 1986 be accepted at the low tendered amount of $1,876.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 25 - PAY - CUMMINGS - RESOLVED that the unit prices submitted by the following be accepted at the low tendered amounts; 1. GRASS - (All F.O.B. Fairview Cemetery) - a) Grass Seed Mixture - Oseeo Limited - $ 3,229.60 b) Fiesta Perennial Ryegrass - Oseco Limited - 311.11 c) Pennlawn Red Fescue - Oseco Limited - 316.00 d) Overseeding Grass Mixture - F.R. Smith Seeds Ltd. - 1s493.00 2. SOD - (All F.O.B. Cemetery) YOung Sod Supply - $ 0,80 per roll ; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. -9- No. 26 - ORR - PAY - RESOLVED that the unit prices submitted by Adrian Vander Wayden for the mowing of private lots he accepted as per attached summary; AND that the unit prices submitted by Mr. Earl Murchie for chemical weed control be accepted as per attached summary; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 27 - ORR - PAY - RESOLVED that the rental rates for general purpose equipment for the year 1986, be accepted, beginniog with the lowest rental rate for equipment available and suitable when required, as per attached schedule; AND the Seal of the Corporation be hereto affixed. Carried Unani~ously. No. 28 - CUMMINGS - COVILLE - RESOLVED that the unit prices submitted by Security Clothing Mfg. Co., for shirts, pants, coverails and shop coats, be accepted at the low tendered amounts as per attached schedule; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 29 - CHEESMAN - ORR - RESOLVED that a message of condolence be forwarded to the family of the late Mr. J. Ambrose Somerville, a well known and highly respected member of the community, who was Chairman of the Niagara Falls Hydro Electric CommissioB; AND the Seal of the Corporation be hereto affixed. Carried Unanimously, NO. 30 - HOPKINS - CUMMINGS - RESOLVED WHEREAS the Supplementary report of the Ontario Electoral Boundaries Commission dated March, 1986 has recommended the redistribution of the existing Electoral Districts of Niagara Falls and Niagara South; AND WHEREAS the proposed redistribution removes a large area of the City of Niagara Falls and includes the same in the Electoral District of Niagara South which includes the City of Port Colborne, Town of Fort Erie and Township of X~infleet; AND WHEREAS the Council of the City of Niagara Falls and the members of the Provincial Parliament representing both the Electoral District of Niagara Falls and Niagara South are adamantly opposed to the redistribution; NOW THEREFORE BE IT RESOLVED that the Province of Ontario be requested to revise the Draft Bill to implement the proposed redistribution of electoral districts in order that the electoral districts of Niagara Falls and Niagara South remain as they are at present; AND BE IT FURTHER RESOLVED that the Nonourable Vincent Kerrio, M.P.P., and Mr. Ray Haggerry, M.P.P.s be asked to present the City's objections to the Ontario Legislature; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 31 - JANUARY - ORR - RESOLVED that a message of condolence be forwarded to the family of the late Mr. Charles H. "Chuck" Willlama, a well known and highly respected member of the community, and former City employee; AND the Seal of the Corporation he hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheeaman, that leave he granted to introduce the following by-laws, and the by-laws be read a first time: ~o. 86-72 - A by-law to amend By-law No. 79-200, as amended. (AM-11/85 Carmelina Sasile), No. 86-73 - A by-law to amend By-law No. 85-238 respecting classes of development that may be undertaken in site plan control areas without the approval of plans and drawings otherwise required in subsection 4 or subsection 5 of section 40 of. the Planning Act, 1983. No. 86-74 - A by-law to. establish certain lands as part of Portage Road. · o · o lO e k j - 10 - No. 86-75 - A by-law to authorize a site plan agreement with the Trustees of Stamford Presbyterian Church. No. 86-76 - A by-law to authorize an agreement with The Young Men's Christian Association of Greater Niagara. No. 86-77 - A by-law to authorize the execution of an agreement with Bobby Lawn Spray for broad leaf weed control and grub control. No. 86-78 - A by-law to authorize the execution of an agreement with A.J. Vander Weyden carrying on business as Vander Wayden Landscaping for mowing weeds on private lots. No. 86-79 - To authorize the execution of an agreement with Earl Murchie for chemical weed control. No. 86-80 - To authorize the execution of an agreement with James E. Barnes carrying on business as Grounds Master for grass cutting and triw~ing of cemeteries. No. 86-81 - A by-law to provide monies for general purposes. The motion Carried with Alderman Campbell abstaining from the vote on By-law No. 86-76, on a conflict of interest previously recorded in Report No. 158; Aldermen Baker, Coville, Orr, Pay, and Puttick voting contrary on By-law No. 86-76; Aldermen Campbell, Chessman, Cummings, and Herrington abstaining from the vote on By-law No. 86-81 on conflicts of interest previously recorded in Report No. 167; Alderman Orr voting contrary on By-law No. 86-81 as previously recorded in Report No. 167; and all others voting in favour. 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. 86-72 - A by-law to amend By-law No. 79-200, as amended. (AM-11/85 Carmelina Basile). No. 86-73 - A by-law to amend By-law No. 85-238 respecting classes of development that may be undertaken in site plan control areas without the approval of plans and drawings otherwise required in subsection 4 or subsection 5 of ssction 40 of the Planning Act, 1983. No. 86-74 - A by-law to establish certain lands as part of Portage ~oad. No. 86-75 - A by-law to authorize a site plan agreement with the Trustees of Stamford Presbyterian Church. No. 86-76 - A by-law to authorize an agreement with The Young Men's Christian Association of Greater Niagara. No. 86-77 - A by-law to authorize the execution of an agreement with Bobby Lawn Spray for broad leaf weed control and grub control. No. 86-78 - A by-law to authorize the execution of an agreement with A.J. Vander Wayden carrying on business as Vander Weyden Landscaping for mowing weeds on private lots. No. 86-79 - A by-law to authorize the execution of an agreement with Earl Murchfe for chemical weed control. No. 86-80 - A by-law to authorize the execution of an agreement with James E. Barnes carrying on business as Grounds Master for grass cuttin8 and trimming of cemeteries. No. 86-81 - A by-law to provide monies for general purposes. The motion Carried with Alderman Campbell abstaining from the vote on By-law No. 86-76, on a conflict of interest previously recorded; Aldermen Baker, Coyills, Orr, Pay, and Puttick voting contrary on By-law No. 86-76J Aldermen Campbell, theesmart, Cummlngs~ and ltarring~on abstai~ln8 from the vote on By-law No. 86-81 · , · . 11 - 11 - on conflicts of interest previously recorded; Alderman Orr voting contrary on By-law No. 86-81 as previously recorded; and all others voting in favour. NEW BUSINESS ECONOMIC DEVELOPMENT AGENCY Alderman Puttick referred to the transfer of the Niagara Transit Commission from City Hall to their expanded building, and suggested the possibility that the Chamber of Cowsnares might be interested in relocating in the vacated office. ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that Staff investigate the role of the Chamber of Commerce in economic development, and that comments from the Chamber of Commerce regarding their willingness to relocate in the former Transit offices at City Hall, how the transfer might be achieved, and the cost factor, be considered at an upcoming Finance Committee meeting. Carried Unanimously. ITEM6 OF INTEREST Alder~an'Ilarr.in~ initiated a discussion regarding the location of a proposed Supermall being constructdd by the Ghermezian Brothers from Edmonton. Mayor Smeaton provided an status report on this matter, and advised that he had been told "there was nothing further we can do". Knights of Columbus Opening - Alderman Cummings discussed his attendance at the opening of the Knights of Columbus Hall on North Street on April 5th, 1986, and referred to a letter which had been forwarded to the City requesting a Parade Permit for June 7th, 1986. Potholes on City Roads - Alderman Cummings discussed a phone call he had received regarding damage to a resident's vehicle caused by potholes on the roads, advised that the City has liability insurance, and asked that the matter be investigated. Fencing at Ear Park - Alderman Cummings referred to the need for fencing at Ker Park, and asked the Chief Administrative Officer to ascertain whether this item has been included in the 1986 Budget for the Parks & Recreation Department. Rates for C~setery Plots - Alderman Cummings requested that Staff investigate the policy regarding the rates for Cemetery Plots to former residents of the City of Niagara Falls, and submit a report to the Finance Committee. Concession Space at Oakes Park - Alderman Cummings discussed his concern that the Mariners Baseball Club was having difficulty acquiring concession space at Oakes Park to sell Jackets and other articles. Alderman Baker requested that a meeting be arranged expeditiously to consider an agreement with the Mariners. Chip Wagon - Queen Street - In response to Alderman GunminEs' enquiry concerning the absence of the Chip Wagon from the corner of Queen Street and Cryslat Avenue~ Alderman Pay stated that the owners were on vacation. SloPitch Toun~a=ents - Alderman Janvary asked when the information regarding slo-pttch tournaments would he discussed by the Finance Committee. His Worship Mayor Smeaton advised that if information was not available for the next meeting of the Finance Committee, a meeting would be scheduled to consider an agreement. Niagara Escarpment Plan - His Worship Mayor Smeaton referred to the handout information regarding the Niagara Escarpment Plan, advised that the plan has been duly constituted, and that as a member of the Niagara Escarpment Commission, he would assist in obtaining any required information. Condition of BuildinS Across from American Can Co. - Alderman Coville referred to the condition of the building across from the American Can Co, and asked that this matter be invest~gated. - 12 - Parking Oyeznight on Boulevards - Alderman Harrington referred to the ticketing of cars temporarily parked overnight on boulevards. His Worship Mayor Smeaton suggested that s phone call of explanation to the local Police office might obviate the situation. Ie was moved by Alderman Puttick, seconded by Alderman Orr, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, 1 EIGHTEENTH MEETING PLANNING/REGULAR MEETING Council Chambers April 14th, 1986 Council met on Monday, April 14th, 1986, at 7:30 p.m. for the purpose of considering Planning Matters and regular business. All members of Connell, with the exception of Alderman Einsperger, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Pay offered the Opening Prayer. ADOPTION OF MINUTES Alderman Puttick requested that the motion regarding the Economic Development Agency, New Business, in the minutes of the meeting held April 7th, 1986, be amended to include the agency in the motion. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the amended minutes of the meeting held April 7th, 1986, be adopted. Carried Unanimously. WELCOME 126TH SQUADRON, ROYAL CANADIAN AIR CADETS His Worship Mayor Smeaton welcomed Captain Gareth Green, Officer Cadet John Theftcult, Civilian Instructor Anne Delaney, and representatives of ~he 126th Squadron, Royal Canadian Air Cadets to the meeting. Captain Green addressed the meeting regarding She meaning of "Armistice", as well as the aims and programs of the Royal Canadian Air Cadets. 6TH NIAGARA SCOUT TROOP His Worship Mayor Smeaton welcomed the leaders and members of the 6th Niagara Scout Troop to the meeting. PRESENTATIONS NIAGARA FALLS PLAQUES His Worship Mayor Smeaton expressed appreciation, and presented City Citations and gifts, to the following persons for services rendered to the City of Niagara Falls in the organization of the Annual Remembrance Day Service: Dick Allman, James W. Bailey, Les Blackburn, Dave Davies, Lionel B. Denison, William F. Diamond, Leo Dopke, Don Evans, Ross Fisher, Walter Homes, Joseph A. Lorimer, Harry McCue, Russ McKinnon, Gregory Michowicz, Owen Oliver, M.N. "Nick" Ross, Russ Stewart, Nowte Watt, and Jack Winterton. Mr. Dennis Gordon, and Larry J. Wright were unable to attend and will receive their Citations at a later date. Mr. Russ Stewart, Chairman of the Central Veterans Committee of the City of Niagara Falls expressed appreciation on behalf of the veterans. CITIZENSHIP BADGES - 15TH NIAGARA FALLS GIRL GUIDE COMPANY His Worship Mayor Smeaton welcomed Guide Leader Mrs. Josie WoJciechowska, and the following members of the 15th Niagara Falls Girl Guide Company to the meeting, offered congratulations, and presented them with Citizenship Badges: Paula Booth, Poppy GillJan, Tracy Sullivan, Joleene Bateman, Leanne Gaston, Jackie Long, and Brenda Vaughan. REPORTS - PLANNING MATTERS No. 109 - (PD/25/86) - Chief Administrative Officer - (TABLED FROM 1986 03 10). Re: Zoning Amendment Application AFr-2/M6, Applicant: T.J. Vattovaz; Agent: B. Sinclair, Solicitor. Location: 6068 Dixon Street. The report recommends the following: 1) That application AM-2/86 proposing the conversion of an existing single family home located at 6068 Dixon Street to a triplex dwelling unit be denied; 2 -3- 2) That consideration be given to a rezoning of the property for duplex purposes subject to a revised application being submitted and further public notice. - AND - Communication No. 134A - Mr. L. Belliveau, 6553 Ralph Avenue - Re: 6068 Dixon Street rezoning. The communication reviews problems caused by construction on the adjacent property, and expresses opposition to the rezoning of By-law No. 79-200 because of traffic congestion, noise and decreased property values. Communication No. 134B - E. & H. DesJardins, 6062 Dixon Street - Re: 6068 Dixon Street rezoning. The communication expresses objection to the proposed amend- ment because of property devaluations increased noise due to traffic, and lack of population control in the area. Communication No. 134C - Mr. & Mrs. David Fioravantt, 6040 Dixon Street - Re: rezoning of Dixon Street. The communication indicates opposition to the rezon- ing in terms of increased noise, devaluation of property, and aesthetic values. Communication No. 134D - Mary Ungaro, 6063 Dixon Street - Re: Rezoning 6068 Dixon Street. The communication opposes multiple family dwellings and any changes in the heighbourhood. Communication No. 134E - Petition from Residents - Re: 6068 Dixon Street. The petition, signed by 15 concerned residents, expresses objection to the applica- tion for rezoning. His Worship Mayor Smeaton declared the Public Meeting open, and asked the Clerk to explain the proposal. The City Clerk advised that the proposed Zoning By-law amendment application would rezone the lands at 6068 Dixon Street from a single family zone, R1E to a multiple family zone, Pd in order to permit the conversion of a single family residence into a triplex dwelling unit. He stated that a regulation of the R3 zone respecting minimum lot frontage would also require an amendment as the property has 18.1 metroe (59') of frontage, whereas the By-law requires a minimum frontage of 21 mettea (69') for a triplex dwelling. The Clerk advised that the Notices of Public Meeting were forwarded By first class mail on March 12th, 1986. His Worship Mayor Smeaton requested and received an indication that the Applicant and his Agent were present; received a positive response to his request for a show of hands of those persons for or against the application; advised that persons wishing to receive further notice of the passage of the by-law should submit names and addresses to the Clerk prior to leaving the meeting; and explained the procedure under the Planning Act 1983. The Planning Director demonstrated and discussed the subject property with the assistance of posted sketches. He reviewed information contained in the Technical Report with respect to the Developmental Proposal, Zoning By-law Amendment, Planning Considerations, stated that the facility would be more suitable as a duplex dwelling, and advised that the Planning Department would not support the application. There was a negative response to Mayor Smearouts request for conmerits from those persons, other than the applicant or hi8 agent, in favour of the application. Mr. P.D. Sullivan, Solicitor, represented three families who were opposed to the amendment. He advised that the property had been acquired within the last two years and City Staff had been contacted in February of this year with regard to the concerns of neighbouts, that the property had been purchased as a single family house and construction materials were being moved into the property.. The applicant had been requested to cease and desist, had been visited by Building Inspectors and had been obliged to remove cooking units from two apartments in the building. Mr. Sullivan expressed the opinion that the applicant had · intended to convert the property without using the proper channels. He referred to the petition mentioned above. Mr. Brian Sinclair, Solicitor, advised that prior to and in 1972 the subject property had been a triplex, although it had been purchased as a single family residence, He stated that he, and his clisnt, would concur with Staff that the property should be utilized as a duplex rather than a triplex, and further, that the suggested duplex would be more amenable to the concerned residents. Mr. Sinclair stated that he would like to amend the application, and that his client would submit plans for extra parking space which is all that would be required. Mr. Walter Stewart, 6083 Dunn Street, discussed his lengthy term of residence in the area, the previous use of the subject property, and nearby homes, as a single family residences, and the market gardening utilization of the immediate area. His Worship Mayor Smeaton declared the public meeting closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the appIication he denied. Carried Unanimously. No. 174 - (PD/41/86) - Chief Administrative Officer - Re: AM-6/86 Zoning Amendment Application, D.A. Crowe, 6250 Ker Street. Agent: B. Sinclair, Solicitor. The report recommends the following: 1) That application AM-6/86 proposing the conversion of an existing single family home located at 6250 Ker Street to a triplex dwelling unit be denied. 2) That, in view of the information provided in this report, consideration be given to a rezoning of the property for duplex purposes subject to a revised application being submitted and further public notice. His Worship Mayor Smeaton declared the Public Meeting open, and asked the City Clerk to explain the proposal. The Clerk stated that the proposed Zoning By-law Amendment application would fezone the subject lands from a single family zone, to a residential mixed zone, in order to permit the conversion of a single family residence into a three unit dwelling. He explained that two regulations of the R3 zone would also require amendments as the property has a lot area of 7,950 sq. ft., whereas a minimum lot area of 7,965.4 sq. ft. is required, and the minimum floor area of a dwell- ing unit would have to be reduced from the required 699.7 sq. ft. to 450 sq. ft. The Clerk advised that Notices of the Public Meeting had been mailed on March 14th, 1986. The Planning Director discussed the subject property with the assistance of posted sketches; reviewed information contained in the Technical Report, i.e., the Official Plan, Zoning, Existing Land Uses, and the Impact of the conversion on the residential appearance of the area; and responded to questions raised with respect to the required size of one and two bedroom units. Mr. Brian Sinclair, Solicitor, indicated his presence on behalf of the applicant. Mayor Smeaton explained the procedure and requested all persons wishleg to receive further notice of the passage of the by-law to submit names and addresses to the Clerk prior to leaving the meeting. Mr. Sinclair, discussed the proximity of the proposal to a Transition Residential Multiple Zone (TRM); referred to its present use as a duplex; and expressed the opinion that the change would have no impact on the area. He replied to questions raised regarding the location, the size of the lot, and his firm's connections with, and future plans for the property. Since no further questions or comments were forthcoming, Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the application for a triplex be approved. The motion Cartled with the following vote: AYE: Aldermen Baker, Campbell, Chessman, Cummings, Janvary, Orr, Pay, and Puttick. NAYE: Aldermen Coville, Marrington, and Hopkins. No. 175 - (PD/40/86) - Chief Administrative Officer - AM-8/86 Zoning Amendment Application - J. Smith. The report recommends the following: 1) That Council support the proposed Zoning By-lawAmendment as detailed in PD/33/86 and PD/40/86; 2) That Staff he directed to prepare the necessary Zoning By-law Amendment for enactment at a subsequent Council meeting; -4- 3) That the applicant and Regional Municipality of Niagara be advised accordingly. Connnunication No. 135 - Julius Klein Construction Ltd.- Re: Proposed Zoning Amendment Application AM-8/86. The communication expresses concerns regarding the location of the main building entrance, lack of fencing along the easterly boundary, and lack of curb parking barrier or landscape buffer- Alderman Campbell entered the meeting- The Public Meeting was declared open, by Mayor Smeaton who explained the procedure under the Planning Act, 1983. The City Clerk explained that the proposal would amend the zoning of the subject site from an Institutional Zone to an RSB Residential Zone, and provide for a minimum lot frontage of 26 metres and rear yard of 7.5 mettea, thereby accommodating an apartment development- He further explained that the applicant proposes to remove the existing single family dwelling from the property and construct a two storey, 7 unit apartment building. The Clerk advised that Notices of the Public Meeting were mailed on March 14th, 1986. Mayor Smeaton received a positive response to his enquiries regarding the presence of the Applicant or her Agent, persons for or against the proposal other than the applicant in layout, or against, the application, and requested that anyone wishing to receive further notice of the passage of the by-law to submit their names and addresses to the Clerk prior to leaving the meeting. The Planning Director discussed the subject property with the assistance of posted sketches; and reviewed information contained in the Technical Report regarding the Official Plan, Surrounding Land Use, Comments from the Public Notification Process, and the Planning Review. Mr. Grant Sauder, Architect for the developer, discussed the proposal in terms of protecting mature trees on the property; the retention of the character of the development in keeping with nearby properties; responded to questions raised regarding the location of the parking area; and discussed proposed buffering. His Worship Mayor Smeaton received a negative response to his request for further comments, and therefore, declared the Public Meeting closed. ORDERED on the motion of Alderman Pay, seconded by Alderman Cheesman, that the report be received and adopted, and further, that Mr. Klein's concerns be addressed on the site plan. Carried Unanimously. Nn. 176 - (PD/39/86) - Chief Administrative Officer - Re: AM-5/86 Zoning Amendment Application, D. Armenti. The report recommends the following: 1) That Council support the proposed Zoning By-law Amendment as detailed in PD/35/86 and PD/29/86; 2) That Staff be directed to prepare the necessary Zoning By-law Amendment for enactment at a subsequent Council meeting; 3) That the applicant and Regional Municipality of Niagara be advised accordingly, Communication No. 136(A) - Mr. & Mrs. Van Alstine, 6030 Dunu Street - Re: AM-5/86, Proposed Zoning Amendment Applicant, The communication expresses opposition to the application because of traffic congestion in terms of vehicular traffic, and parking problems~ as ~ell as increased noise. Communication No. 136(B) - Antonio Chiovitti~ 5959 Dunn Street - Re: Proposed Zoning Amendment Application AM-5/86. The communication expresses strong opposition to the proposal because of shortage of space, lack of perking area, problems caused by tenants, and increased noise, Mayor Smeaton declared the Public Meeting open and explained the procedure to be followed under the Planning Act, 1983. -5- In response to the request of Mayor Smeaton, the Clerk explained that the application proposes to amend the Residential zoning of the subject site to allow construction of a 5 unit apartment building by providing for a reduced minimum lot area per apartment unit, a reduction in the minimum frontage requirement, and a reduction in the minimum exterior side yard requirement. He further advised that the site can presently accommodate a 4 unit apartment building with a minor variation to the frontage and side yard setbacks, that the owners are requesting approval for 5 units, and intend to remove the existing single family dwelling on the 836.1 sq. metre parcel, for the purpose of con- strutting a two storey, 5 unit apartment building. The Clerk further stated that Notices of the Public Meeting were mailed to interested persons on March 14th, 1986. His Worship Mayor Smeaton explained the procedure of the Public Meeting. He requested a show of hands of those persons present for or against the proposal, and received a positive response. The applicant indicated his presence at the meeting. Mayor Smeaton asked that all persons wishing to receive further notice of the passage of the by-law to submit their names addresses to the Clerk prior to leaving the meeting. The Planning Director explained the purpose and reason for the proposed amendment, and discussed the subject lands with the assistance of posted sketches. He reviewed information contained in the Technical Report in terms of the Official Plan, Surrounding Land Uses, Comments from the Public Notification Process, and the Planning Review. The Planning Director expressed the opinion that the proposal would not impact on the neighbourhood, referred to the size of the lots, and the high densities in the area, and recommended support of the application. Mr. Morley Van Alstine; Mr. Walter Stewart, 6083 Dunn Street; Mrs. Pat Millington, 6046 Dunn Street; Ms. Colleen Lundy, 67 Munsee Street, Cayuga, Ontario, and property owner at 6615 Orchard Avenue; Ms. Billie Atkinson, No. 37, Rainbow Village, 5982 Dunn Street; as well as Desmond Clayton and Gary Gold,borough, 6620 Orchard Avenue; opposed the application. They discussed the present parking problems on Dunn Street; the inadequacy of parking facilities; traffic congestion caused by buses and trucks; sewer problems; and the numerous multiple dwellings already in the area. Concern was expressed regarding exhaust fumes, as well as lights at night affecting adjacent residents, and it was pointed out that many residents in the area are retired people. Questions were raised regarding the size of the units, playground area for children, and the mailing address of the building. Mr. Brian F.J. Warkin,on, Architect, represented the applicant at the meeting. He referred to the Planning Report and the Technical Report, discussed the number of multiple dwellings in the area, and the movement toward high densities. Mr. Watkinson referred to the size and materials of construction, as well as the adequacy of parking, and landscaping. He replied to questions raised with respect to visual screening, and Regional requirements for l0t road widening purposes, as well as a 15' X 15' day lighting triangle. In response to a statement made by Mr. Walter Stewart, His Worship Mayor Smeaton advised that the rights of the objectors were "equal to but not greater than the applicant's", that "he has the right to request, and Council will make a decision". He further advised that "there is no contravention of any law in these proceedings". Following further discussion, Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Harrington, that the application be denied. The motion Carried with the following vote: AYE: Aldermen Campbell, Coyills, Cummings, Harrington, Hopkins, and Puttick. MAYEr Aldermen Baker, Chessman, Janvary, Orr, and Pay. No. 177 - (PD/42/86) - Chief Administrative Officer - Re: AM-7/86 Zoning Amendment Application, D. Marineill, Stanley Avenue (between Peer Lane and Robinson Street), The report recommends the following: 1) That Council support the proposed amendment to Zoning By-law 79-200 permitting a hotel building with a height limitation of 22m (or 7 storeys) to be erected on the subject lands, -6- 2) That the proposed hotel building be set hack 15.24m (50') from the centre line of the original road allowance of Stanley Avenue; 3) That the applicant provide a land dedication to the Region for the purpose of widening the Stanley Avenue (Regional Road 102) road allowance; 4) That Council direct Staff to prepare an appropriate Zoning By-law Amendment for enactment at a subsequent Council meeting. His Worship Mayor Smeaton declared the Public Meeting open, and explained the proceedings under the Planning Act, 1983. Communication No. 137 - Mary Dychtiar, 6070 Allendale Avenue - Re: Zoning By-law Amendment. The communication expresses objection to the proposal in terms of living next to a "noisy parking lot" with continual traffic, lack of privacy, and restricted air circulation because of the height of the building, as well as a repetition of these problems. In response to Mayor Smeaton's request, the Clerk advised that the application proposes to amend Zoning By-law No. 79-200 to permit the development of a 7 storey, 106 unit hotel, requiring site specific by-law regulations. He further advised that Notices of the Public Meeting were mailed to interested residents on March 14th, 1986. Mayor Smeaton requested an indication of the presence of persons for or against the application and received a positive response. He asked that persons wishing to receive further notice of the passage of the by-law to submit their names and addresses to the Clerk prior to leaving the meeting. The Planning Director explained the proposal and discussed the subject property with the assistance of posted sketches. He reviewed .information contained in the Technical Report in terms of the Zoning By-law Amendment, Official Plan, Surrounding Land Uses, Comments from the Public Notification Process, and Planning Review. There was a negative response to Mayor Smearouts request for comments from persons, other than the applicant or his agent. Mr. William Leekiw, 6671 Stamford Green Drive, expressed objection to the application on behalf of his grandparents who own the property at 6046 Allendale Avenue. He stated that the proposal would "box in" his grandparents property, and that the offer made to purchase his grandparents' property was "ridiculous". Mr. Leskiw discussed previous unsuccessful attempts made by his grandparents to purchase the vacant land adjacent to the south boundary of theirsproperty, and stated the he was unaware that the sale of the subject property had been advertised · The Clerk explained that the vacant land had been held for many years because it had been designated by by-law to be held for Regional purposes. Me further explained that upon receipt of a recent request by Mr. Marineill to purchase the land, the Regional Municipality of Niagara had been contacted, and since the property was us longer required an appraisal was obtained the property sold for the appraised value without advertising. A discussion followed respecting the procedure followed in connection with the sale of City owned property, Mr. Pete Dychtiar, 6070 Aliendale Avenue, advised that his father, and other persons, had approached the City on a number of occasions with respect to the sale of the subject property. The Clerk advised that these lands had been "frozen for many years". Mr. D. Marineill, agent for the applicant, discussed the proposed development, and stated that all departments were in fayour of the application. He reviewed action taken to acquire the property at the appraised value. Mr. MarineIll referred to the property owned the Leskiwe, and the unsuccessful attempt made to acquire it. He advised that efforts would still be made to negotiate with the owner of the property, and purchase it for an fairly appraised amount. Mr. Marineill replied to questions raised regarding the design. -7 - Mr. Charles Zarafonitis, owner of the Klng's Inn, advised that he was ~n support of the application. Since no further comments were made, Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Pay, seconded by Alderman Cheesman, that the communication be received, and the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Chessman, Coville, Cummings, Hopkins, Janvary, Orr, Pay, and Puttick. NAYE: Alderman Harrington. No. 178 - (PD/38/86) - Chief Administrative Officer - Re: AM-4/86 Zoning Amendment Application and Official~lan Amendment for 488745 Ontario Ltd., south side Morrison Street - Proposed Office Building on Industrial Lands and Deter- mination of Need for Further Public Notice. The report recommends the following: 1) That City Council, prior to the passing of the amending by-law for 488745 Ontario Ltd., determine by Resolution in accordance with Section 34(16) of the Planning Act, 1983, that the change to the proposal will not require the giving of any further notice. 2) That Council enact the amending by-law respecting the application, in accordance with Section 34(17) of the Planning Act. The Planning Director reviewed the information contained in the Background section of the report, i.e., the Building Setback and Side Yard Requirements. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Chessman, Coyills, Cummings, Harrington, Hopkins, Janvary, Pay, and Puttick. NAYE: Alderman err. See Resolution No. 32. See By-law NO. 8b-83 and By-law No. 86-84. No. 179 - Chief Administrative Officer - Re: Proposed Plan of Subdivision "Charnwood Phase II", File No. 26T-85013, Ontario Land Corporation. The report recommends the following: 1) That the Charnwood Phase II Subdivision be approved subject to the conditions enumerated in this report; 2) That the Municipality initiate an appropriate zoning by-law amendment respecting the provisions found in the by-law for zero lot line housing as described in the Planning report. Mr. Richard Kuehyneky, representing the Ontario Land Corporation, expressed agreement with the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. UNFINISHED BUSINESS WHITEWATER PARKs 7430 LUNDYIS LANE Report No. 180 - Chief Administrative Officer - Re: Revised Site Plan - Whitewater Park, ?430 Lundy's Lane. The report recommends that City Council approve the recommendation of the Staff report which was considered by Council on April 7th, 1986, a copy of the report is attached. Communication No. 138 - A.F. Sheppard Solicitor - Re: Whitewater Site Plan. The communication advises that Mr. J.~. Boyce of the firm Martin, Sheppards will be in attendance at the Council meeting on their clientts behalf. Mr. J.R. Boyce, Solicitor, representing Miss Jean Lundy, discussed information recently received that some of Miss Lundy's lands might be required to facilitate the change proposed by Whitewater Park. He further discussed Regional requirements with respect to her property. Mr. Boyce asked that the application be deferred until further information is available. Mayor Smeaton advised that the Region would be contacted tomorrow to obtain clarifying information- Mr. Thomas J. Salter, Operations Supervisor for Whitewater, discussed actions taken in the past with respect to the proposed changes, and referred to Lundy's Lane as a Regional Road. He advised that he intended to keep Council and Miss Lundy appraised when additional information becomes available. The Chief Administrative Officer reviewed the original, and the revised, Site Plan. ORDERED on the motion of Alderman Puttick, seconded by Alderman Pay, that the report be received and adopted. The motion was Defeated with the following vote: AYE: Aldermen Campbell, Chessman, Pay, and Puttick. NAYE: Alderm~n Baker, Coville, Cummings, Harrington, Hopkins, Janvary, and Orr. It was moved by Alderman Cummings, seconded by Alderman Hopkins, that the matter be deferred until further information is available from the Region. The motion Carried with the following vote: AYE: Aldermen Baker, Coville, Cummings, Herrington, Hopkins, Janvary, and Orr. NAYE: Aldermen Campbell, Chessman, Pay, and Putticko COMMUNICATIONS No. 139 - Knights of Columbus - Re: Fourth Degree, 2rid Ontario District - Exemplification. The communication requests a Parade Permit for June 7th, 1986, in connection with the aforementioned. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the request be granted subject to the approval of other authorities. Carried Unanimously. No. 140 - Consumerst Gas - Re: Increase in Rates. The communication attaches the Notice of Application to the Ontario Energy Board requesting an increase in rates. ORDERED on the motion of Alderman Campbell, seconded by Alderman Chessman, that the communication be received~ and further, that a letter be forwarded to the Ontario Energy Board Secretary expressing Council's concerns, an~ opposition to the proposed increase in Consumers' Gas rates. The motion Carried with the following vote: AYE: Aldermen Baker, Campbells Chessman, Covilles Harrington~ Hopkins, Janvary~ 0rr, Pay~ and Puttick. NAYE: Alderman Cummings. No. 141 - William Geor e Dunscombe - Re: Lots 14, 15, and 16, Reixinger Road, Part Lot 3, Conc. B.F.~.R. The communication requests a reduction in assessment and taxes on the subject property, and further, that the lands be abasessod as one property instead of a house and 2 individual lots. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that a letter of explanation be forwarded to Mr. Dunscombs, end further, that a representative of the Regional Assessment Branch~ and Staff member~ ~isit the communicant in response to hie concerns. Carried Unanimously, requests that of May 4th to 10th, 1986 be proclaimed "Respect For Law Week". ORDERED on the motion of Alderman Cummingss seconded by Alderman Pays that the request be approved. subject to established policy. Carried Unanimously. · _ No. 143 - Mr. Eno Amadio, President ~UPE Local 1317 - Re: "Day of Recognition". The communication as~s that Council proclaim April 28th, 1986 as "Day Of Recognition", ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the request be approved subject to established policy. Carried Unanimously. -9- REPORTS No. 181 - Chief Administrative Officer - Re: Cash-in-Lieu Agreement between the Corporation of the City of Niagara Falls and Beefeater Niagara Limited (Burger King Restaurant), 4967 Clifton Hill. The report reconLmends that Council pass the by-law on tonight's agenda authorizing the cash-in-lien agreement with Beefeater Niagara Limited. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Chessman, Coville, Cummings, Herrington, Hopkins, Janvary, Orr, Pay, and Puttick. NAYE: Alderman Campbell. See By-law No. 86-86. No. 182 - Chief Administrative Officer - Re: Cash-in-Lieu Agreement between the Corporation of the City of Niagara Falls and 653927 Ontario Limited (King Edward Hotel), 4200 Queen Street. The report recommends that Council pass the by-law on tonight's agenda authorizing the cash-in-lieu agreement with 653927 Ontario Ltd. The Chief Administrative Officer advised that the recommendation should include the condition that the agreement is subject to payment in full of outstanding business taxes on the subject property. During the discussion that followed, the City Solicitor provided a legal opinion with respect to payment by insraiment. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that Staff be authorized to advise the applicant that upon payment in full of outstanding business taxes, the City would enter into a cash-in-lieu agreement over a 5 year period. The motion Carried with the following vote: AYE: Aldermen Campbell, Coville, Herrington, Hopkins, Janvary, Orr, Pay, and Puttick. NAYE: Aldermen Baker, Chessman, and Cummings. See By-law No. 86-87. No. 183 - Chief Administrative Officer - Re: Green Oaks Mobile Home Park, 8223 Stanley Avenue. The report provides up-to-date information on the status of the aforementioned, and recommends that this report be received and filed. ORDERED on the motion of Alderman Cummings, seconded hy Alderman Herrington, that the report be received and adopted. Carried Unanimously.. No. 184 - Municipal Parkin & Traffic Committee - Re: Reinstallation of Parking Meters in Downtown Area. ~he report recommends that the City purchase 290 rebuilt mechanisms from Kilpatrick Parking Systems Limited for $107.00 each plus applicable Provincial Sales Tax. ORDERED on the motion of Alderman Herrington, seconded By Alderman Cummings, that the report he received and adopted. Carried Unanimously. co o 1) Truck Traffic on Morrison Street - Stanley Ave. to Victoria Ave. - It is recommended that heavy trucks not be prohibited from using Morrison Street between Stanley Avenue end Victoria Avenue. Mr. Richard Halls 5351 Morrison Street, addressed Council on behalf of the concerned residents in the area~ and expressed serious concerns regarding the heavy truck traffic~ itemizing specific users and routes. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that signs be posted restricting heavy truck traffic from Morrison Streets between Stanley Avenue and Victoria Avenues and further, that Mr. Hall be notified when the matter is scheduled for consideration at the Regional Municipality of Niagara. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Chessman, Coyills, Cummings~ Herringtons Hopkins, Janvary, Pay~ and Puttick. NAYE: Alderman Or~. - 10 - It was moved by Alderman Cummings, seconded by Alderman Hopkins, that approval be granted to proceed past 11:00 p.m. The motion Carried on the following vote: AYE: Aldermen CampbelI, Cheesman, Coville, Cummings, Hopkins, and Pay. NAYE: Aldermen Baker, Rarrington, Janvary, Orr, and Puttick. REPORTS No. 185 - Municipal Works Committee - Re: Committee Reports. The report recommends the following: 2) Potholes - It is recommended that this advisory report be received and filed. 3) Annual Cleanup Campaign - It is recommended that: (a) The City's Annual Cleanup Campaign commence on May 20, 1986; (b) Staff be authorized to arrange appropriate advertisin~ of this campaign. 4) Annual Tender Calls Prior to Operating Budget Approval - It is recommended that Staff be authorized to proceed with tender adver- tisements for the following contracts: (a) Surface Treatment Program; (b) Dust Control Program; (c) Cold Mix Paving Program; (d) Sidewalk Repair Program; (e) Asphalt Overlays Program; (f) Pavement Line Painting Program. It was moved by Alderman Puttick, seconded by Alderman Baker, that Item Nos. 2, 3, and 4 in the report be received and adopted. Carried Unanimously. No. 186 - Recreation Commission - Re: Parks & Athletic Fields 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. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 187 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $275,733.43 for the one week period ending April 14th, 1986 be approved By the passing of the by-law appearing later on the agenda. Alderman Chessman declared a conflict of interest on Cheque No. 15962 because his wife is employed with the organization. Additional information was required on Cheque Nos. 15948, 15999, 16023 and 16045. ORDERED on the motion of Alderman Chessman, seconded by Alderman Baker, that-the report be received and adopted. The motion Carried with Aldermen Chessman abstaining from the vote on Cheque No. 15962 on a donflict of interest previously recorded; and all others voting in fayour. No. 188 - Chief Administrative Office~ - Re: Conveyance to Fox Holdings Limited. The report recommends that the by-law appearing on tonightss agenda to authorize the above noted conveyance 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. 86-89. No. 189 - Chief Administrative Officer - Re: Sunmet Schedule of Council Meetings. The report recommends that no Council Meeting be held during the week commencing May 19, 1986(Victoria Day)| AND that the attached. proposed "Summer 1 Schedule of Counci Meetings" be adopted by City Council. - 11 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be tabled for one week, and referred to Staff for a revision. Carried Unanimously, RESOLUTION No. 32 - 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 amendment AM-4/86 - 488745 Ontario Limited (J. Curielie) for property located on the south side of Morrison Street, east of Dorchester Road, are minor in nature and do not require giving of further notice; AND the Seal of the Corporation be hereto affixed. The motion Carried with Alderman err voting contrary, and all others in favour. BY-LAWS ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that leave be granted to introduce the following by-Iaws, and the by-laws be read a first time: No. 86-82 - A by-law to amend By-law No. 79-200, as amended. (AM-I/86). No. 86-83 No. 86-84 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (AM-4/86 488745 Ontario Ltd. J. Curielie). - A by-law to amend By-law No. 79-200, as amended. (AM-4/86 J. Curielie). No. 86-85 - Withdrawn. No. 86-86 No. 86-87 - A by-law to authorize the execution of an agreement with Beefeater Niagara Limited, respecting parking facilities. - A By-law to authorize the execution of an agreement with 653927 Ontario Ltd. respecting parking facilities. No. 86-88 No. 86-89 - A by-law to provide monies for general purposes. - A by-law to authorize the conveyance of lands to Fox Holdings Limited. The motion Carried with Alderman err voting contrary on By-law Nos. 86-83 and 86-84; Alderma~ Campbell voting contrary on By-law No. 86-86; Aldermen Baker, Chessman, and Cummings voting contrary on By-law NO. 86-87; Alderman Chessman abstaining from the vote on By-law No. 86-88 on a conflict of lnterest previously recorded in Report No. 186; and all others voting in layout. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, the following by-laws be now read a second and third time: No. 86-82 - A by-law to amend By-law No. 79-200, as amended. No. 86-83 No. 86-84 No. 86-85 No. 86-86 No. 86-87 No. 86-88 No. 86-89 that A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. A by-law to amend By-law No. 79-200s as amended. Withdrawn. A By-l~w to'authorize the exe~u~ion of an agreement with Beefeater Niagara Limited, respecting parking facilities. A by-law to authorize the execution of an agreement.with 653927 Niagara Ltd. respecting parking facilities. A by-law to provide monies for general purposes. A by-law to authorize the conveyance of lands to Fox Holdings Limited. - 12 - The motion Carried with Alderman Orr voting contrary on By-law Nos. 86-83 and 86-84; Alderman Campbell voting contrary on By-law No. 86-g6; Aldermen Baker, Cheesman, and Cummings voting contrary on By-law No. g6-87; Alderman Cheesman abstaining from the vote on By-law No. 86-88 on a conflict of interest previonsly recorded; and all others voting in favour. NEW BUSINESS MESSAGE OF CONDOLENCE/FRED BRUNNING ORDERED on the motion of Alderman Cheesman, seconded by Alderman Coville, that a message of condolence be forwarded to the family of the late Mr. Fred Brunning. Carried Unanimously. SALE OF CITY LANDS ORDERED .on the motion of Alderman Harrington, seconded by Alderman Cummings, that the CIty Solicitor be directed to draft a resolution providing that the sale of municipally owned lands be advertised, subject to the exception of lots in the Falls Industrial Park. Carried Unanimously. THIRD BRAKING LIGHT ORDERED on the motion of Alderman Baker, seconded by Alderman Herrington, that Staff be directed to purchase 9 brake lights, to an upper limit of $225.00, and that the lights be installed by the City*s mechanics at the Service Centre. Carried Unanimously. ITEMS OF INTEREST ~ariners' Club A~reement - Alderman Baker made enquiries regarding the result of the discussion of an agreement with the Mariners' Club by the Finance Committee. Mayor Smeaton advised that the Finance Committee had approved the agreement, and further, that the matter would be referred to Council for approval- · amada Inn/Parking Spaces - Alderman Baker referred to the parking space deficiency at the Ramada Inn, and the result of the Committee of Adjustment hearing. The Chief Administrative Officer stated that the situation was a complicated one. ORDERED on the motion of Alderman Baker, seconded by Alderman Chessman, that the matter be referred to Staff for a report. Carried Unanimously. Increased Building Activity - Alderman Baker referred to the increased activity in the Building Department, and requested a report on this matter. Mayor Smeaton advised that a report would be submitted. Sridge/Park Street - Alderman Puttick requested a report with respect to the bridge of the railway tracks on Park Street which requires paint. Regional Finance Cosmittee/Vote on Municipal Zlection~xpenses & Contributions - Alderman Puttick referred to his previous request for the voting data respecting the aforementioned matter. Mayor Smeaton stated that he would obtain this information. Meeting of Couucils/Niagara Falls, N.Y., & Niagara Falls, Ont. - Mayor Smeaton referred to the meeting of the two Councils at Table Rock Restaurant, scheduled for Tuesday, April 15th, 1986, at 7z30 p.m, ConSratulations/Alderssn Janvary - Congratulations and Best Wishes were offered to Alderman Janvary who is celebrating her birthday today. - 13 - It was moved by Alderman Cummings, seconded by Alderman Janvary, meeting adjourn. Carried Unanimously. that the READ AND ADOPTED, ~YOR NINETEENTH MEETING SPECIAL MEETING Table Rock Restaurant April 15, 1986 Council met on Tuesday, April 15th, 1986 at 7:30 p.m. with Council members from Niagara Falls, New York, to consider Niagara River Pollution. Councilmen Lso M. Martel, Anthony F. Quaranto, Michael V. ReddinS, and Frank A. Soda, of Niagara Falls, New York, were present. All Members of Council, Niagara Falls, Ontario, with the exception of Aldermen Campbell, Hinsperger, and Puttick, were present. The Honorable Michael C. O'Laughlln, Mayor of Niagara Falls, New York, and His Worship Mayor Smeaton presided as Chairmen. His Worship Mayor Smeaton welcomed the Mayor and Members of Council to the meeting, and referred to this "historic meeting" as the first Joint meeting of the two Councils. The Honorable Mayor O'Laughin introduced Members of his Council and expressed pleasure with respect to the meeting. Mayor 8meaton advised that he and Mayor O'Laughlin had met on January 29th, 1986 to explore the feasibility of Joint municipal action on environmental problems along the Niagara River, and identified numerous concerns in conunon to both the Ontario and New York Cities of Niagara Falls. It was noted that both municipalities participated in past activities to protect and clean up the Niagara River environment, and based on past actions and common concerns, explored possible future roles for the two municipalities. Mayor Smeaton stated that it was resolved to bring the two Councils together to discuss these concerns and potential roles, and to encourage municipal participation in the solution of the Niagara River problems. Mayor O'Laughlin discussed concerns regarding the Niagara River environment, related to toxic waste buried in the ground, waste water plant, and rivers and streams leading into the Niagara River. He referred to attempts made to correct the problem with the assistance of State and Federal Governmentss as well as industry, and the increased ability of chemists sad engineers to measure toxic chemicals and provide valuable information. Mayor O'Laughlin discussed the problem areas on the American side of the Rivers i.e., Love Canals 102nd Street Dump, and the waste water treatment plant which is now capable of handling industrial as well as residential effluent; and the problems of excavation in terms of the cost factor, and site location, as well as excavation and transportation. Re stated that all of the problem areas were being addressed. Mayor Smeaton referred to tremendous problems on the Canadian side of the River. The common concerns, and actions taken by both municipalities, as outlined in the report, were reviewed. Concern was expressed regarding the whole Great Lakes water system, the need to re-evaluate priorities in terms of Jobs vs. cost to the environment, as well as the cost of pollution being borne by the polluter- It was suggested that action taken by the Joint Councils would attain more significant results. Mayor O'Laughlin co~nended the Fire Chiefs of both Cities for the emergency action plan. In response to questions raised, he stated that industry pays about 65% for the operation of the water treatment plant. He reviewed the historical background, and actions taken with respect to the Love Canal. There was reference made to the City of Niagara Falls, N.Y., during World War II, as the "largest chemical City in the world", and the direction received to "get rid of any chemicals not up to standard". It was pointed out that both government and industries created the problem, and further, that "some of it comes from Canada", Mayor Smeaton reviewed Potential Municipal Roles regarding the Niagara River Environment, and the items included in the report under Indirect and Direct Influence. He discussed Municipal Policies for the Niagara River Environment, Mayor O'Laughlin discussed s plan for improvement in the restriction of the transportation of hazardous materials from Canadian Cities~ by re-routing the vehicles, · · · , 2 k -2- Mayor Smeaton stated that the Councils may wish to proceed with further initiatives, to consider future avenues for continued communication and action, and the possibility of meeting again or forming a committee of Councils with their Chief Administrative Officers. He further stated that the Committee or the Councils may wish to consider meetings with outside professionals~ citizens, and other levels of government to increase knowledge and understanding of possible municipal contribution to solutions. He suggested the adoption of a resolution that the City of Niagara Falls, New York, and the City of Niagara Falls, Ontario continue to discuss avenues of cooperation for strengthening efforts to protect and enhance the Niagara River environment. In response to questions raised, the Director of Municipal Works stated that the Ministry of Transportation and Communications for the Province of Ontario sets standards of controls for transporting hazardous material. During further discussion, Mayor O'Laughlin suggested that the transportation of hazardous material or toxic waste which could cause a problem should be addressed; and further, that with cooperative effort transporting vehicles could be diverted to the Lewiston Bridge, and away from Cities. Fire Chiefs Bowset, and Kemp replied to questions raised regarding the identification of dangerous goods fn tankers and trucks. Further discussion followed regarding the possibility of notifying the City when hazardous goods might be expected to pass through the City. Mayor Smeaton advised that this matter would be investigated- It was suggested that a Committee of Council should occasionally meet with the Environmental Protection Agency, (E.P.A.), inside and outside the areas of both municipalities, for the purpose of providing information. It was further suggested that an environmental master plan be provided with the cooperative effort of the Environmental Planners of both municipalities, in order that environmental problems may he defined and policy determined; end that both governments should be sensitive to this cooperative effort, and offer latitude to produce the document. During further discussion, it was suggested that an important function of the Council Committee should be the periodical submission of an up-to-date report on actions taken. A proposal was offered, that senior levels of the American and Canadian Governments be asked to allow representatives of the Council Committee to participate as "accredited observers with the power to submit questions", at meetlugs of environmental interest. Mayor Smeaton advised that the Honourable Jim Bradley, Minister of the Environment, had shown interest in the meeting of the two Councils. Mayor O'Laughlin stated that"Mr. John Anderson, E.P.A., was in attendance and would ensure that notices of the meetings were forwarded to the Council Committee. In reply to questions raised, Mayor Smeaton explained the possible difficulties of including all municipalities, on both sides of the border, in this initial meeting. He stated that following e resolution this evening, other municipalities, who wish to do so, may be involved. It was suggested that a week-end seminar to consider environmental problems might be artended by political and staff representatives of municipalities along both sides of the. River. It was pointed out that a semi-annual meeting might be scheduled to calibrate and determine the status of the situation. A further suggestion was presented and discussed regarding budgetary requirements, and concern was expressed regarding the source of financial funding. Mayor Smeaten discussed the cost factor in te~ms of Staff time. Mayor OtLsughlin indicated his desire to have representatives on the Committee from major industries for informational purposes. ORDERED on the motion of Alderman Cummings, seconded by Councilman Redding, that the City of Niagara Falls~ New York, and the City of Niagara Falls, Ontario continue to discuss avenues of cooperation for strengthening efforts to protect and enhance the Niagara River environment. Carried Unanimously. 3 JOINT RESOLUTION OF COUNCILS NIAGARA FALLS, ONTARIO AND NIAGARA FALLS, NEW YORK RESOLUTION ON THE NIAGARA RIVER ENVIRONMENT No. 33 - CUMMINGS - REDDING - RESOLVED that WHEREAS, the City of Niagara Falls, Ontario and the City of Niagara Falls, New York share a common international frontier, the Niagara River; and I~EREAS, both Jurisdictions are concerned with the protection of environmental quality in the Niagara River for the health and welfare of their citizens; and WHEREAS, both cities rely upon the Niagara River for drinking water, agriculture, fishing, wildlife conservation, tourism, recreation, industrial, and other uses; and WHEREAS, both cities wish to continue to address shared environmental concerns in a cooperative manner; THEREFORE BE IT RESOLVED, that the City of Niagara Falls, New York and the City of Niagara Falls, Ontario continue to discuss avenues of cooperation for strengthening efforts to protect and enhance the Niagara River environment; and BE IT FURTHER RESOLVED, that both City Councils adopt a joint municipal environmental policy. Carried Unanimously. It was moved by Alderman Cum~nings, seconded by Alderman Baker, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, MAYOR S. SMEATON TWENTIETH MEETING COMMITTEE OF THE WHOLE Committee Room #1 April 21, 1986 Council met on Monday, April 21st, 1986 at 7:00 p-m. in Committee of the Nbole. All members of Council were present. Alderman Coville presided as Chairman. Following consideration of the item arose without reporting. , the Committee of the Whole REGULAR MEETING S. SMEATON Council Chambers April 21, 1986 Council met on Monday, April 21st, 1986 at 7:30 p.m. for the purpose of considering general business. All members of Council, with the exception of Alderman Puttick, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Orr offered the.Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the minutes of the meeting held April 14th, 1986, be adopted as printed. Carried Unanimously. WELCOME His Worship Mayor Smeaton welcomed Mr. Vines Kettle, Jr., former Alderman, to the meeting. PRESENTATION PAUL BAlLLIE, TOWN CRIER - CITATION His Worship Mayor Smeaton expressed appreciation to Mr. Paul Baillie, Official Town Crier for the City of Niagara Falls during the Centennial Year and 1985, on behalf of City Council and the citizens of Niagara Falls. Mr. Baillie thanked Council~ Alderman Janvary for her assistance, and the June Jarrett Costume Shop. .' COMMUNICATIONS No. 144 - Regional Niagara Planning & Development Departmen_.t- Re: OWMC. The communication attaches the minutes of Regional Ntagara's OWMC Steering Comittee meetings for March 10th, 14th, and 17th, 1986. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the communication he received and filed. Carried Unanimoual_72. No, 145 - City of St, Catharines - Re: Niagara Region Development Corporation, N.R,D,C. The communication requests support of a resolution asking the Regional Municipality of Niagara to grant the City of St. Catharines its share of the Regional levy which is now alloted to the N,R,D,C., It was moved by Alderman Cheesman, seconded by Alderman Alderman Harrington that the communication be received and .filed. ~ - 2 - Regional Councillor Brian Merrett advised that the Chamber of Commerce is studying the question of economic development locally, and the function of the Economic Development Agency. He stated further, that the role of the N,R.D.C. is being investigated, and expressed the opinion that Council should not support the resolution. It was moved by Alderman Cummings, seconded by Alderman Orr, that the matter be tabled for information from the Chamber of Commerce regarding its internal study. The motion to table, which took precedence, Carried with the following vote: AYE: Aldermen Baker, Campbell, Coville, Cummings, Harrington, Hinsperger, Hopkins, Janvary, Orr, and Pay. NAYE: Alderman Cheesman. VNFINISBED BUSINESS Report No. 1801- Chief Administrative Officer - Re: Revised Site Plan - Whitewater Park, 7430 Lundy's Lane. (TABLED FROM 1986 04 14). The report recommends that City Council approve the recommendation of the Staff report which was considered by Council on April 7th, A copy of the report is attached. The Chief Administrative Officer advised that Mr. A.F. Shoppard, Solicitor for Miss Jean Lundy, had been contacted, and stated that he would not attend the meeting. Council was informed that there had not been contacts from nearby residents. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. REPORTS No. 190 - Chief Administrative Officer - Re: Proposed Plan of Subdivision, Miller Oakes Estate Subdivision, File No. 16T-86003, Welland Securities (1964) Limited - (Harry N. Oakes). The report recommends that the City Clerk be authorized to process the application for the "Miller Oakes Estate Subdivision", and that a report be prepared for Council's further consideration of this plan based on technical information received, public input, etc- The City Clerk advised that Notice had been placed in the Niagara Falls Review; that the developer is present; and further, that Staff has not had an opportunity to investigate this proposal. Mr. Stewart Branscomha was available to respond to questionsl. Mr. nicksulk, owner of an adjoining property requested and received a copy of the report. Mayor Smeaton advised that the formal hearing would be held in one month. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 191 - Chief Administrative Officer - Re: Proposed Plan of Subdivision "Stamford Heights Condominium", Pile No. 26-CD-86003(1), Joe Moretta Invest- ments Limited. The report recommends that the City Clerk be authorized to process the application for the "Stamford Heights Condominium Subdivision" and that a report Be prepared for Council's further consideration of this plan based on technical information received, public input, etc. The Clerk advised that a Notice had bean published in the local newspaper. It was noted that the proponent, Joe Moretta was in attendance. The Planning Director provided background details regarding the rezoning application, and traffic flow. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report Be received and adopted. Carried Unanimously. No. 192 - Chief Administrative Officer - Re: Proposed Plan of Subdivision Portage Ovaart Village Condominium Subdivision, File No. 26-CD-86005(1), 642217 Ontario Limited - (Herman Demote). The report recommends that the City Clerk be authorized to process the application for the "Portage Cream Village Condominium Subdivision", and that a report be prepared for Councilis {urther consideration of this plan Based on technical information reeoived, public input, etc. The City Clerk advised that a Notice of the meeting had been published in the local newspaper,. , , o o ~ -3- The Planning Director responded to questions raised regarding the procedure for this type of development. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 193 - Chief Administrative Officer - Re: Application for Exemption from Part Lot Control, J. Moretta, Lots 94 - 101, and Lots 105 - 114 inclusive, Plan M-90, Moretta Estates Subdivision. The report recommends that the By-laws appearing on this Agenda to authorize the execution of an agreement with Joe Moretta Investments Limited and to designate certain land not to be subject to part lot control, be enacted by Council. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law No. 86-91, and By-law No. 86-92. No. 194 - Chief Administrative Officer - Re: %oningAn~endment Application A14-7/86 for 640520 Ontario Ltd., west side Stanley Avenue - Proposed 7 Storey Hotel Building and Determination of Need for Further Public Notice. The report recommends that: l) City Council, prior to the passing of the amending by-law for 640520 Ontario Ltd., determine by Resolution in accordance with Section 34(16) of the Planning Act 1983, that the change to the proposal will not require the giving of any further notice. 2) That Council enact the amending by-law respecting the application, in accordance with Section 34(17) of the Planning Act. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See Resolution No. 36. See By-law No. 86-90. No. 195 - Chief Administrative Officer - Re: AM-4/B5, Restricted Area By-law No. S6~22, Proposed Islamic Cemetery. The report recommends that the date of the Ontario Municipal Board Hearing be noted; AND that this report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coyills, that the report be received and adopted. Carried Unanimously. No. 196 - Chief Administrative Officer - Re: AM-14/85, Restricted Area By-law No. 86-43, Canedin, E.S. Dorchester Road. The report recommends that Council reaffirm its approval of By-law No. 86-43 and direct the Clerk to forward the By-law along with the letter of objection and other required documents to the Ontario Municipal Board with the request for a public hearing. - AND - Co;~munication No. 146 - A1 MacBain, Q.C. - Re: By-law No. 86-43(A by-law to amend By-law No. 79-200). The communication advises that "any and all objections" are withdrawn with respect to the aforementioned by-law or any amendments to the Offiolal Plan required to change the use of the Canedin property on Dorchester Road from industrial to residential. ORDERED on the motion of Alderman Coville, seconded by Alderman Pay, that the communication be received and filed, and further, that the report be received and adopted. Carried Unanimously. No. 197 - Chief Administrative Officer - He: Bikeways. The report recommends that all bicycle route signs be removed and the lease agreement with the Ontario Rydro for the properties extending from (a) Dixon Street through Dunn Street to MeLeod Road to Stanley Avenue, and (b) Mamilton Street between Homewood Avenue and Sixth Avenue, Be cancelled. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 198 - Chief Administrative Officer - Re: Site Plan Approval, Proposed Kentucky Fried Chicken, 5127 Victoria Avenue, (north side of Miracle Food Market). The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed fast food outlet, and the site plan being drawing number 1 dated April lOth, 1986, and filed with the Buildings and Inspsctions Department of the City of Niagara Falls on April 14th, 1986, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted, Carried Unanimously. .. I - 4 - No. 199 - Chief Administrative Officer - Re: Site Plan Approval, Proposed 30 Unit Motel Addition, (Marco Polo Restaurant), 5553 Ferry Street. The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed motel addition, and filed with the Buildings and Inspections Department of the City of Niagara Palls on April 17th, 1986, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Coville, seconded by Alderman Hinsperger, that the report be received and adopted. Carried UnanimouslY- No. 200 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for March 1986. The report provides information regarding Permits Issued, and Highlights for March 1986, as well as April proposals. ORDERED on the motion of Alderman Janvary, seconded by Alderman Pay, that the report be received and filed. Carried Unanimously. No. 201 - Chief Administrative Officer - Re: Bus Stop Benches Agreement- The report recommends that City Council approve the by-law appearing on tonight's agenda authorizing an Agreement between the City of Niagara Falls and the Kiwanis Club of Stamford Inc. for placing benches at bus stops throughout the City. Alderman Baker declared a conflict of interest because he is a member of the organization involved. ORDERED on the motion of Alderman Orr, seconded by Alderman Hopkins, that the report be received and adopted. The motion Carried with Alderman Baker abstaining from the vote on a conflict of interes"~'~previouslY recorded, and all others voting in layout. See By-law No. 86-95. No. 202 - Chief Administrative Officer - Re: Lot 28, Registered Plan 160 - Kent Avenue. The report recommends that Council authorize Staff to call for tenders for the sale of Lot 28, Registered Plan 160, Kent Avenue, subject to the City retaining a 25 foot easement along the southerly boundary of said lot. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 203 - Chief Administrative Officer - Re: 1986 Tender for the Supply & Application of Traffic Marking Paint. The report recommends that the tender of Provincial Maintenance in the corrected amount of $10,942.80 for the supply and application of traffic marking paint be accepted. ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the report be received and adopted. Carried UnanimouslY. See Re~olution No. 34. See By-law No. 86-85. No. 204 - Chief Administrative Officer - Re: 1986 Tender 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 service submitted by DeMolss Tire Sales & Service Limited in the amount of $27,324.14 be accepted. ORDERED on the motion of Alderman Janvary, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See Resolution No. 35. No. 205 - Chief Administrative Officer - Re: Committee Reports. The report recommends the following: 1) Long Term Disability Benefit Renewal - It is recommended that the Agent of Record for employee benefits for the Citys Richardson and Associates, be authorized to go to market on behalf of the City in regards to L.T.D. benefit renewal rates; ORDERED on the motion of Alderman Pay, seconded by Alderman Coyills, that the report be received and adopted, Carried Unanimously. 2) Niagara Falls Mariners Baseball Club Agreement - It is recommended that the City enter into an agreement with the Niagara Falls Mariners Baseball Club for the use of Oake8 Park at a charge of $50,00 per home game during 1986~ plus $10.00 per game for the use of the Athletic Field lights when required; and that the team be given the right to operate a concession bOoth for the sale of souvenirs· 5 ORDERED on the motion of Alderman Orr, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. a) Federation of Canadian Municipalities (FCM) Membership - It is recommended that the City of Niagara Falls not become a member of the Federation of Canadian Municipalities for the year 1986. It was moved by Alderman Janvary, seconded by Alderman Hopkins, that the City become a member of the F.C.M. for the year 1986. The motion was Defeated with the following vote: AYE: Aldermen Chessman, Hinsperger, Hopkins, and Janvary. NAYE: Aldermen Baker, Campbell, Coville, Cummings, Herrington, Orr, and Pay. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Coyills, Cummings, Herrington, Orr, and Pay. NAYE: Aldermen Chessman, Hinsperger, Hopkins, and Janvary. 4) Municipal Grants Equal to Taxes - It is recommended that the system of approvtng grants equal to taxes, to those groups or individuals who provide recreational or cultural facilities for public usage, be eliminated, and that starting with the 1986 Budget deliberations, each request from these groups be Justified in the same manner as all other requests and no longer be automatically geared to the tax rate. Aldermen Campbell, and Cummings declared conflicts of interest because they are members of Associations which may be involved. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the report be received and adopted. The motion Carried with Aldermen Campbell, and Cummings abstaining from the vote on conflicts of interest previously recorded, and all others voting in favour. No. 206 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $803,799.43 for the one week period ending April 21st, 1986, be approved by the passing of the by-law appearing later on the agenda. Alderman Campbell declared a conflict of interest on Cheque No. 16057 because the group is a client. Alderman Cummings declared a conflict of interest on Cheque No. 16117 because a member of his family is involved in the program. Alderman Herrington declared a conflict of interest on Cheque No. 16100 because his wife is president of the organization. Alderman Hinsperger declared a conflict of interest on Cheque No. 16075 because he is employed by the company. Alderman Hopkins declared a conflict of interest on Cheque No. 16088 beeaunt a member of his family has an employment contract with the firm. Additional information was provided on Cheque Nos. 16151, and 16193. ORDERED on the motion of Alderman Pay, seconded by Alderman Chessman, that the report be received and adopted. The motion Carried with Aldermen Campbell, Cummings, Herrington, Hinsperger, and Hopkins abstaining from the vote on Cheque Nos. 16057, 16117, 16100, 16075, and 16088 consecutively, on conflicts of interest previously recorded; Alderman Orr voting contrary on Cheque No. 16057; and all others voting in layout. No. 207 - Chief Administrative Officer - Re: Summer Schedule of Council Meetings· The report recommends that the attached proposed "Summer Schedule of Council Meetings" be adopted by City Council. ORDERED on the motion of Alderman Pay, seconded by Alderman Hlnoperger, that the report be received and adopted· Carried Unanimously. -6- -7 - RESOLUTIONS No. 34 - 0RR - PAY - RESOLVED that the unit prices submitted by Provincial Maintenance for the supply and application of traffic marking paint, be accepted at the low tendered (corrected) amount of $10,942.80; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 35 - JANVARY - PAY - RESOLVED that the unit prices submitted by DeMol's Tire Sales & Service Limited for the supply of tires, tubes and repair service for the City Fleet, he accepted at the low tendered amount of $27,324.14; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 36 - PAY - CUMMINGS - RESOLVED that this Council does determine, in accordance with the provisions of the planning Act, 1983, that the changes to the proposed zoning amendment AM-7/86 - 640520 Ontario Limited for property located on the west side of Stanley Avenue between Peer Lane and Robinson Street, are m'inor in nature and do not require giving of further notice; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 86-85 - A by-law to authorize the execution of an agreement with 649799 """' Ontario Limited for the supply and application of traffic marking paint- No. 86-90 - A by-law to amend By-law No. 79-200, as amended. (640520 Ontario Limited AM-7/86). No. 86-91 - A by-law to designate certain land not to be subject to part lot control. (Lots 94-101 & 105-114, Plan M-90, Moreira Estates). No. 86-92 - A by-law to authorize the execution of an agreement with Joe Moreira " Investments Limited for the development and conveyance of land in the Moretie Estates Subdivision in accordance with ~ reference plan. No. 86-93 - A by-law to amend By-law No. 3790, being a by-law for the regulation of traffic.(North Street). No. 86-94 - 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. (Dawson St. & Pettit Ave.). No. 86-95 - A by-law to authorize an agreement with The Kiwanis Club of Stamford "' Ontario Inc. for a license to place benches throughout the City at bus stops. No. 86-9~ - A by-law to authorize the execution of an agreement with Brett Eelaire and Ltnda McGtll. No. 86-97 - A by-law to amend By-law No. 85-5 as amended, providing for .... appointments to certain Boards, Commissions and Conmittees. No. 86-98 - A by-law to provide monies for general purposes. The motion Carried with Alderman Baker abstaining from the vote on By-law No. 86-95 on a conflict of interest previously recorded in Report No. 201; Aldermen Campbell, Cummings, Harrington, Hinsperger, and Hopkins abstaining from the vote on By-law No. 86-98 on conflicts of interest previously recorded in Report No. 206; Alderman Orr voting contrary on By-law No. 86,98 as previously recorded in RepOrt No. 206l'and all others votin~ !n 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. 86-85 - A by-law to authorize the execution of an agreement with 649799 Ontario Limited for the supply and application of traffic marking paint. No. 86-90 - A by-law to amend By-law No. 79-200, as amended. No. 86-91 - A by-law to designate certain land not to be subject to part lot control. No. 86-92 - A by-law to authorize the execution of an agreement with Joe Moretta Investments Limited for the development and conveyance of land in the Moretie Estates Subdivision in accordance with a reference plan. No- 86-93 - A by-law to amend By-law No. 3790, being a by-law for the regulation of traffic. No. 86-94 No. 86-95 - A hy-law to amend By-law No. 6340, providing for the erection of Yield Right-of-Way signs at certain intersections in the Municipality. - A by-law to authorize an agreement with The Kiwanis Club of Stamford Ontario Inc. for a license to place benches throughout the City at bus stops- No. 86-96 - A by-law to authorize the execution of an agreement with Brett Belaire and Linda McGtll. No. 86-97 - A by-law to amend By-law No. 85-5 as amended, providing for appointments to certain Boardss Commissions and Committees. No. 86-98 - A by-law to provide monies for general purposes. The motion Carried with Alderman Baker abstaining from the vote on By-law No. 86-95 on a conflict of interest previously recorded; Aldermen Campbell, Cummings, Harrington, Hinsperger, and Hopkins abstaining from the vote on By-law No. 86-98 on conflicts of interest previously recorded; Alderman 0rr voting contrary on By-law No. 86-98 as previously recorded; and all others voting in fayour, NEW BUSINESS ITEMS OF CONCERN: Prostitution Legislation - Alderman Chessman related his concerns with respect to recent articles in the press regarding prostitution legislation, and derogatory remarks concerning politicians made by a Vancouver Solicitor. In response to questions raised, the City Solicitor referred to the Supreme Court of Canada ruling on prostitution legislation, and stated that ~he "passage of Bill C-49 by the Federal Government for~ifies 't~e fact that the Federal Government" is responsible. Hi. wo hip or Sm aton disc.ssed his site.dance at a reee.t reception, given by the Premier of Ontario, which was artended by Chiefs of Police across Ontario. He referred to the great concern expressed by the Police Chiefs regarding the recent actions taken in western Canada. Mayor Smeaton reviewed the activities taken hy Police Chief Gaydot, in an attempt to deal with the prostitution problem in Niagara Palls. Vandaliss/Oakes Park - Alderman Cummings discussed recent vandalism at Oakes Park, and expressed his concerns regarding the public safety aspect, and levelling of the ground in front of the dugout at 3rd base, as well as the readiness of the Park for the opening of the baseball season. He asked that these concerns be taken care of as soon as possible, -8- Old Police Building - Alderman Cummings requested an up-to-date status report respecting the Old Police Building for the next meeting of City Council. Ramada Inn, 6455 Duchanan Avenue - Alderman Campbell requested information regarding the decision of the Co~nnfttee of Adjustment with respect to the Ramada Inn. The Chief Administrative Officer stated that the decision of the Committee of Adjustment was final, but that there is an appeal period. He further stated that a report would be submitted to Council with respect to the parking problem, and a resolution to the situation. Exchange Rates to American Visitors - Alderman Harrington expressed his concern regarding a problem encountered by some visitors to the City. He stated that a few businesses on Clifton Hill were not paying exchange rates to American visitors. Mayor Smeaton stated that the Visitor & Convention Bureau was interested in this situation, and that the matter would ~e brought to attention of the Bureau. ITEMS OF INTEREST: Rendezvous Canada/Montreal - His Worship Mayor Smeaton discussed the invitation he had received from the Visitor & Convention Bureau to attend Rendezvous Canada, in Montreal, early in May 1986. He stated that the week-long Conference was one of the largest Canadian meetings of tourjam individuals, and further, that the Bureau would be absorbing the expenses incurred. C.O.g.S. F~od Drive - His Worship Mayor Smeaton referred to a handout memorandum regarding the upcoming COES Food Drive, scheduled for Saturday, April 26th, 1986. Meeting of Niagara South Board of Education - His Worship Mayor Smeaton stated that an invitation has been extended to himself and one other elected official to attend a meeting of the Board on Friday, April 25th, 1986, at 10:O0 a.m. at the Education Centre in Welland. Main & Ferry Business Association - Alderman Hopkins discussed his attendance at a recent meeting of the Association and the events related to the upcoming Peach Festival. He referred to the anticipated display of antique automobiles. It was moved by Alderman Cummings, seconded by Alderman Hinsperger, that the meeting adjourn. Carried Unanimously. ._ ...... READ AND ADOPTED, S, SMEATON TWENTY-FIRST MEETING COMMITTEE OF THE WHOLE Committee Room #1 April 28, 1986 Council met on Monday, April 28th, 1986 at 6:45 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Baker, were present. Alderman Puttick presided as Chairman. Following consideration of the arose without reporting. resented, the Committee of the Whole READ AND ADOPTED, 'ING S. SMEATON Council Chambers April 28, 1986 Council met on Monday, April 28th, 1986 at 7:30 p.m. for the purpose of considering general business. All members of Council, with the exception of Alderman Baker, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Puttick offered the Opening Prayer. ADOPTION OF MINUTES The Council Secretary was commended for the innovative format in the minutes under "New Business". ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the minutes of the meeting held April 21st, 1986, be adopted as printed. Carried Unanimously. DEPUTATION THE NIAGARA REGION CHAPTER OF RETINITIS PIGMENTOSA - REPORT OF CHIEF ADMINISTRATIVE OFFICER Report No. 208 - Chief Administrative Officer - Re: The Niagara Region Chapter of Retinitis Pigmentosa. The report recommends that Council consider the material submitted with the application for a Bingo Lottery Permit from the above organization and decide if it wishes to grant a licenee to this group. Aldermen Cummings, and Hinsperger declared conflicts of interest because they are members of organizations which hold hinges. Mr. Ray Gouthro, President, Niagara Region Chapter of Retinitis Pigmentosa (R.P.), was in attendance to respond to questions raised. ORDERED on the motion of Alderman Puttick, seconded by Alderman err, that the request for a licenee to conduct bingee be denied. The motion Carried with Aldermen Cummings, and Minsperger abstaining from the vote on conflicts of interest previously recorded, and all others voting in fayour. UNFINISHED BUSINESS N.P.A. BLOSSOM FESTIVAL - ARENA RENTAL - REPORT OF CHIEF ADMINISTRATIVE OFFICER Report No. 209 - Chief Administrative Officer - Re: N.P.A. Blossom Festival - Arena Rental. The report reviews the request of the Niagara Promotion Associa- tion that Council consider a reduced rate for the rental of the Niagara Falls Memorial Arena for competitions, refers to the special events policy of Council, and recommends that the information contained in this report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. °2- COMMUNICATIONS No. 147 - Reglonal Niagara Office of the Clerk - Re: Waste Management Master Plan, Draft Stage 3 Report - Public Participation - Approval Process. The com- munication attaches a copy of report DEA-278, Item 5 regarding the above named. ORDERED on the motion of Alderman Pay, seconded by Alderman Htnsperger, that the communication be received and filed. Carried Unanimously- No. 148 - Petition - Local Retail Florists - Re: Sale of Fresh Flowers at Farmers' Market. The petition protests the wholessling of fresh flowers at Sylvia Market Place. Mr. Dennis Sunstrum, Town & Country Florist, discussed his concerns, responded to questions raised with respect to the person concerned, and reviewed the costs of local florists. Mr, Bill Hoses addressed Council as a merchant at Sylvia Place Markets and stated that the florist is ap asset to the Market, and in fact, during his The Directst of Buildings & Inspections confirmed the legality of the operation, the payment of licenat fees, and the service offered to local residents at the market. Mrs. Roseann Stewart, Corbys Flowers, explained the difference between a wholesaler and a farmer offering produce at the market, and particularly with respect to this instance. It was moved by Alderman Puttick, seconded hy Alderman Hinsperger that the matter be received and filed. It was moved by Alderman Hopkins, seconded by Alderman Cummings, that the matter be tabled for a report from Staff. The motion to table took precedence. The motion was Defeated on the following vote: AYE: Aldermen Campbell, Cummings, and Hopkins. NAYE| Aldermen Chessman, Coyills, Herrington, Hinsperger, Janvary, err, Pay, and Puttick. ORDERED on the motion of Alderman Pnttick, seconded by Alderman Hinsperger, that the communication be received and filed. The motion Carried with the following vote: AYE: Aldermen Chessman, Coyills, Earrington, Hinsperger, Janvary, Orr, Pay, and Puttick. NAYE: Aldermen Campbell, Cummings, and Hopkins. ~ No. 149 - Niagara Falls Family Y.M.C.A. - Re: Walk-A-Then, May 17, 1986. The communication requests permission of Council to hold a Walk-A-Then on May 17ths 1986 to generate funds for the continued operation of the "Y". Alderman Campbell declared a conflict of interest because the "Y" is a client. ORDERED on the motion of Alderman Cummings, seconded by Alderman Htnsperger, that the communication Be approved subject to the approval of other authorities. The motion Carried with Alderman Campbell abstaining from the vote on a conflict of interest previously recordeds and all others voting in fayour. No. 150 - David Warmer, MPP, Searborough-Ellsmere - Re: Elderly in Institutions. The communication requests Council's support of a private member'e bill entitled "Seniorst Independence Act". ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman. that the communication be received and referred to Staffs and the Social Planning Council for comments. Carried Unanimously. REPORTS No. 210 - Environmental Planning Committee - Re: Welland River Cleanup. The report.recommends the following: 1) That the Ministry of the Environ~ent ~ adviaed that City Council has no objection to the proposed remedial measures for the Welland River cleanup '.as decided upon at the 1986 04 10 Liaison Committee meetings subject to concerns ex teased in the report with respect to disposal of the excavated materials (Both solid liquid); and · · . . 3 and -3- 2) That the Ministry of the Environment be advised that City Council has no objection to an exemption from an Environmental Assessment Act Hearing. Alderman Cummings declared a conflict of interest because he is employed with the firm involved. Mr. A10leksuik, 4083 Front Street, representing Canadians for a Clean Environment, was in attendance. ORDERED on the motion of Alderman Coville, seconded by Alderman Hinsperger, 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 fayour. No. 211 - Chief Administrative Officer - Re: Supply of Fertilizer - Parks & Cemeteries. The report recommends that companies with the lowest bids indicated on the attached table be approved to supply the fertilizer required for the Parks & Cemeteries for 1986. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See Resolution No. 37. No. 212 - Chief Administrative Officer - Re: Niagara Falls Mariners Contract. The report recommends that the by-law on Council's agenda regarding the Niagara Falls Mariners Baseball Club's use of Sakes Park, be approved. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law No. R6-99. No. 213 - Chief Administrative Officer - Re: Personnel Policy - U.I.C. Premium Reduction Refund. The report recommends that City Council confirm and adopt the Personnel Policy entitled Unemployment Insurance Commission Premium Reduction Refund - Non-Union and Management. ORDERED on the motion of Alderman Cummings, seconded by Alderman Rinsperger, that the report be received and adopted. Carried Unanimously. No. 214 - Chief Administrative Officer - Re: Challenge '86 - Summer Employment/ Experience Development (SEED) Program. The report recommends that Council authorize participation in the Challenge '86 Program and approve $6,400.00 as the municipality's contribution to the program. ORDERED on the motion of Alderman Marrington, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimously. No. 215 - Chief Administrative Officer - Re: Low Rise Rehabilitation Program. The report recommends that the City of Niagara Falls participate in the Province's new Low Rise Rehabilitation Program and that City Council approve of the Resolution authorizing the municipality to enter into an operating agreement with the Ministry of Housing. ORDERED on the motion of Alderman Orr, seconded by Alderman Pays that the report be received and adopted. Carried Unanimously. See Resolution No. 39. No. 216 - Chief Administrative Officer - Re: Ramada Inn Parking Status, 6455 Buchanan Avenue. The report provides information respecting background actions taken regarding the above mentioneds and recommends that the report be received and filed. ORDERED on the motion of Alderman Ct~nmings, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 217 - Finance Committee - Re: Committee Report - Bill 93, The report recommends that a resolution with regard to Bill 93, similar to that passed by Council in 1985, be considered in 1986 on behalf of the Niagara Palls Public Library Board, authorizing the Board to apply the percentages of the money paid to it in the 1986 estimates otherwise than in accordance with the items of the estimates as approved, and outlined in the report~ Alderman theesmart declared a conflict of interest Because his wi,~e is employed with the organization. · t -4- ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger that the report be received and adopted. The motion Carried with Alderman Cheesman abstaining from the vote on a conflict of i~terest previously recorded, and all others voting in layout. See Resolution No. 38. No. 218 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $961,323.79 for the one week period ending April 28th, 1986 be approved by the passing of the by-law appearing later on the agenda. Alderman Cummings declared a conflict of interest on Cheque No. 16235 because a member of his family is involved in the program. Alderman Hinsperger declared a conflict of interest on Cheque No. 16200 because he is employed with the firm. Additional information was provided on Cheque Nos. 16227, 16271, and 16308. ORDERED On th~ motion of Alderman Pay, seconded by Alderman Puttick, that the report he received and adopted. The motion Carried with Aldermen Cu~nings, and Hinsperger abstaining from the vote on Cheque Nos. 16235 and 16200 consecutively on conflicts of interest previously recorded; and all others voting in fayour. No. 219 - Chief Administrative Officer - Re: Surplus School Property. The report recommends that the Welland County Roman Catholic Separate School Board be advised that the Municipality is not interested in purchasing surplus school property at Pettit Avenue north of the C.N. tracks. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and filed. Carried Unanimously. RESOLUTIONS No. 37 - CHEESMAN - PAY - RESOLVED that the unit prices submitted for the supply of fertilizer required for the Parks & Cemeteries for 1986, by the companies with the lowest bids indicated on the attached summary~ be accepted; AND the Seal of the Corporation he hereto affixed. Carried Unanimously. No. 38 - CUMMINGS - HINSPERGER - RESOLVED that WHEREAS subsection 4 of section 24 of the Public Libraries Act, 1984 provides, in part, that the Council may in its approval of the goard'e 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 Public Library Board has requested the Council of The Corporation of the City of Niagara Falls to authorize the variations set out below in its 1986 estimates pursuant to the aforesaid subsection of the Act; NOW THEREFORE BE IT RESOLVED that the Council of The Corporation of the City of Niagara Falls hereby authorizes the Niagara Falls Public Library Board to apply the following percentages of the money paid to it in the 1986 estimates other- wise 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; (b) 10% of all items that are greater than $5s000.00, except salary items; (c) 2% of all salary items; may be applied to any other item in the estimates; AND the Seal of the Corporation he hereto affixed. The motion Carried with Alderman Chessman abstaining from the vote on a conflict of intere~u~ly raoorded in Report No. 217; and all others voting in fayour, No. 39 - CREESMAN - CUMMINGS - RESOLVED that WHEREAS the City of Niagara Falls has been invited to participate in the FrQvlnce's new Low-Rise Rehabilitation Program; and WHEREAS the Program will provide up to $5,000.00 per unit to rehabilitate older low-rise rental units; and -5- WHEREAS the Program will reimburse participating municipalities for their administrative duties; and WHEREAS April 30th, 1986 has been established as the deadline for applications for the said Program; NOW THEREFORE BE IT RESOLVED that the City of Niagara Falls make an application to participate in the Province's Low Rise Rehabilitation Program; ; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 40 - HINSPERGER - HOPKINS - RESOLVED that Alderman Patrick Cummings he appointed Acting Mayor for the period from Sunday, May 4th to Thursday, May 8th inclusive; and that Alderman Judy 0rr be appointed Acting Mayor for the period from Sunday, May llth to Friday, May 16th, 1986 inclusive; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 41 - JANVARY - COVILLE - RESOLVED that a message of condolence be forwarded to the family of the late Mrs. Eveline Rosa Chessman, a respected member of the City of Newmarket, and mother of Alderman Charles Chessman; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings , seconded by Alderman Htnsperger, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 86-99 - A by-law to authorize an agreement with the Niagara Falls Mariners Baseball Club. No. 86-100 - A by-law to establish rental rates for City arenas and swimming pools. No. 86-101 A by-law to amend By-law No. 72-163, being a By-law to prohibit heavy traffic on certain highways in the City of Niagara Falls. (Morrison Street). No. 86-102 - A By-law to provide monies for general purposes. The motion Carried with Alderman Orr voting contrary on By-law No. 86-101; Aldermen Cummings, and Uinsperger abstaining from the vote on By-law No. 86-102, on conflicts of interest previously recorded in Report No. 218; 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~ 86-~9'~- A byelaW to authorize an agreement with the Niagara Falls Mariners club. No, 86-100 - A by-law to establish rental rates for City arenas and swi~ning pools. No. 86-101 - A by-law to amend By-law No. 72-163, being a By-law to prohibit heavy traffic on certain highways in the City of Niagara Falls. No. 86-102 - A by-law to provide monies for general purposes. The motion Carried with Alderman Orr votin8 contrary on By-law No. 86-I01; Aldermen Cummingss and Hinsperger abstaining from the vote on By-law No. 86-102, on conflicts of interest previously recorded; and all others votir~ in fayour. - 6- NEW BUSINESS ITEMS OF CONCERN; Fenetng/Ker Park - In response to questions raised, the Chief Administrative Officer advised that fencing would be installed at Ker Park, around the diamond at first base, and in the outfield. ~eholan Street/Curbs & Gutters - Mrs. Pat Speck, 5848 Coholan Street, expressed her concerns regarding the condition of Cobclan Street, stated that improvements had been planned, hut that she had recently received a letter advising that the work could not he accom- plished in the immediate future. The Director of Municipal Works stated that the City's share of the cost had been budgetted, however, the M,T.C. subsidy had not been received. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the matter be referred to Staff for investigations and a report submitted as quickly as possible. Carried Unanimously- ITEMS OF INTEREST C.O.E.S. Feed Drive - Alderman Marrington discussed the succussful C.O.E.S. food drive on April 26th, 1986, and suggested that if another such program is required in 1986, a challenge might he issued to service clubs in the City. Clean~p Mtagara Falls - Alderman Janvary referred to a poster encouraging a clean up of Niagara Falls which was exhibited in the Council Chambers. She stated that copies have been posted in bus shelters throughout the City, and discussed the interest shown By the media, business associations, tourist establishments, etc. Alderman Janvary provided the following information: - First week of May, 1986 - Second week - Third and Fourth weeks - "paint up week"; - "planting"; - "general clean-up". The Director of Buildings and Inspections was commended for his involvement in the City-wide program, and congratulations were expressed to Alderman Puttick for his initiation of it. ~ It was moved by Alderman Puttick, seconded by Alderman Orr, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, MAYOR S.. SMEATON TWENTY-SECOND MEETING COMMITTEE OF THE WHOLE Committee Room #1 May 5, 1986 Council met on Monday, May 5th, 1986 at 6:45 p.m. in Committee of the Whole. All members of Council, with the exception of Mayer Smeaton, and Alderman Orr, were present. Alderman Baker presided as Chairman. Following consideration of the arose without reporting. RE,OPTED, ~G the Committee of the Whole ACTING MAYOR P~X'~ CUMMINGS Council Chambers May 5, 1986 Council met on Monday, May 5th, 1986 at 7:30 p.m. for the purpose of considering general business. All members of Council, with the exception of Mayor Smeaton, and Alderman Orr, were present. Acting Mayor Patrick Cummings presided as Chairman. Alderman Marrington offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the minutes of the Special Meeting held April 15th, 1986, and the Regular Meeting of April 28th, 1986, be adopted as printed. Carried Unanimously. DEPUTATION THE NIAGARA FALLS & DISTRICT LABOUR COUNCIL - Communication No. 151 - Kim Gary Craitor, President, The Niagara Falls & District Labour Council - Re: Free Trade. The communication asks permission to address Council to request support and endorsement of the Labour Council's stand against free trade. Mr. Greg Rudge, President of U.A.W. at Ford Glass, and Executive Member of the Labour Council, addressed Council. He reviewed information contained in the Brochure of the Labour Council, and requested that Council approve the following resolution: that "this Council urge the Government of Canada to halt any bilateral talks on free trade with the United States, and further that this resolution he forwarded to the Prime Minister, the local Members of Parliament, the local Members of Provincial Legislature, and the Association of Municipali- ties of Ontarioo" Following a brief discussion, it was moved by Alderman Baker, seconded by Alderman Hinsperger, that the communication be received and filed. The motion .q~rried with the following vote: AYE: Aldermen Baker, Campbell, Chessman, Coyills, Hinsperger, Hopkins, Janvary, Pay, and Puttick. NAYE: Alderman Harringtan. COMMUNICATIONS No. 152 - Regional NiaSara Office of the Clerk - Re: Emergency Shelter & Assistance Program. The communication attaches Report SSR 17 containing program guidelines. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the communication be received and filed. Carried UnanimouslyL J No. 153 - Regional Niagara Flanntng& Development Department - Re: Housing in a Changing Environment. The communication attaches Memo 1213, summarizing the aforementioned conference. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the communication be received and filed, and a copy forwarded to the Social Planning Council. Carried Unanimously. No. 154 - Regional Niagara Public Works Department - Re: Water/Sewage Flows Monthly Report. The communication attaches Report DEP 2338, the monthly report on Water/Sewage Flows for March lq86. ORDERED on the motion of Alderman Pay, seconded by Alderman Rinsperger, that the communication be received and filed. Carried Unanimously. No. 155 - Young Drivers of Canada - Re: "Young Drivers" Championships. The communication advises that the "Young Drivers" Championships are scheduled for Sunday, l'4a.y 26th, 1986. ORDERED on the motion of Alderman Coville, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously- No. 156 - Minister of Natural Resources - Re: Emergency Assistance Programs - Great Lakes shoreline areas. The communication provides information regarding the Shoreline Property Assistance Act, as well as the establishment of a Shore- line Management Review Committee. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. No. 157 - The Canadian Hearing Society - Re: "Speech & Rearing Awareness Month"- The communication requests Council to proclaim the month of May 1986, as "Speech and Hearing Awareness Month. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hopkins, that the request be approved subject to established policy. Carried Unanimously. No. 158 - Huntington Society of Canada, Niagara Chapter - Re: "Runtington's Disease Awareness Month". The communication asks that Council proclaim the month of May, 1986 as "Huntington's Disease Awareness Month". ORDERED on the motion of Alderman Puttick, seconded by Alderman Hopkins, ~hat the request be approved subject to established policy. Carried Unanimously. No. 159 - Niagara Chapter Denturist Association - Re: "Denture Awareness Month". The communication requests that the month of May, 1986 be proclaimed "Denture Awareness Month". ORDERED on the motion of Alderman Puttick, seconded by Alderman IHopkins, that the request be approved subject to established policy. Carried Unanimously. No. 160 - Greater Niagara Baseball Association (GNBA) - Re% Niagara Falls Oldtimers Baseball Club - 3rd Annual Three Pitch Tournament. The communication requests a Special Occasion Permit for the occasion. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hopkins, that the request of the Greater Niagara Baseball Association for a special occasion permit for its 3rd Annual Three Pitch Tournament to be held August 16th and lTth, 1986, at Honck 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. No. 161 - Niagara Falls Cataracts Oldtimers Hockey Club - Re: 6th Annual Slo-Pitch Tournament. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Aidenan Puttick, seconded by Alderman Hopkins, that the request of the Niagara Falls Cataracts Oldtimers Hockey Club for a special occasion penit for its 6th Annual Slo-Piteh Tournament to be held July 19th, and 20th, 1986, at the Chippawa Lions Club, 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. 162 - N.H.L. Sis-Pitch Challenge - Re: N.H.L. SIs-Pitch Tournament. The communi~atioa requests a Special Occasion Permit fOr the occasion. 3 ORDERED on the motion of Alderman Puttick, seconded by Alderman Hopkins, that the request of the N.H.L. SIs-Pitch Committee for a special occasion permit for the N.H.L. Sis-Pitch Tournament to be held June 12th and 13th, 1986, at the Niagara Fails Memorial Arena, 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. REPORTS No. 220 - Municipal Works Committee - Re: MW-86-O1, Two-Way Radio System for Vehicle Communications. The report recommends that Staff be granted permission to call quotations for the installation of a new multi-channel repeater type radio system for vehicle communications. ORDERED on the motion of Alderman Hfnsperger, seconded by Alderman Coville, that the report he received and adopted. Carried Unanimously. No. 221 - Chief Administrative Officer - Re: MW-g6-06, 1986 Ontario Section AWWA/OMWA Conference, Niagara Falls, May 11-14, 1986. The report provides back- ground information regarding the aforementioned conference, and recommends that the report be received and filed for information. ORDERED on the motion of Alderman Chessman, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No. 222 - Chief Administrative Officer - Re: Former Police Building, 4582 Zimmerman Avenue. The report advises that plans are being finalized for the restoration of the building, that construction will begin in the late spring of this year, and recommends that the contents of this report be received and filed. ORDERED on the motion of Alderman Pay, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 223 - Finance Committee - Re: Committee Reports. The report recommends the following: 1) Niagara Falls ~riners Request for Advertisement - It is recommended that Council approve of a 1/2 page advertisement in the official game program of the Niagara Falls Mariners baseball team at a cost of $225.00; 2) N.H.L. SIs-Pitch Tournament Request for Advertisement - It is recommended that Council approve of a 1/2 page advertisement in the Sixth Molson N.H.L. SIs-Pitch Challenge magazine at a cost of $500.00. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously_, No. 224 - Chief Administrative Officer - Re: 1986 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 amounts as set out in the attached schedule. ORDERED on the motion of Alderman Pay, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. See Resolution No. 42. No. 225 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $2,702,438.74 for the one week period ending Monday, May 5th, 1986, be approved by the passing of the by-law appearing later on the agenda. Alderman Chessman declared a conflict of interest on Cheque No.. 16335 because a member of his family is employed with the organization. Alderman Rineperger declared a conflict of interest on Cheque No. 16318 because he is employed with the firm, Additional information was provided on Cheque Nos. 16358,.16364, 16385, and 16410. - 4 - ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the report be received and adopted, The motion Carried with Aldermen Cheesman, and Hinsperger, abstaining from the vote on Cheque Nos"""716335, and 16318, on conflicts of interest previously recorded; and all others voting in favour- No. 226 - Mayor Smeaton - Re: Waste Management Municipal Advisory Committee. The report recommends that Alderman Paisley Janvary be named as the City's representative on the Regional Niagara Waste Management Municipal Advisory Committee for the year 1986. ORDERED on the motion of Alderman Coville, seconded by Alderman Pay, that the report be received and adopted, and further that Alderman Coville act as an alternate representative, Carried UnanimouslY. No- 227 - City Clerk - Re: Method of Electoral Representation. The report recommends that the existing ward representation for the City of Niagara Falls continue in its present form. ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, that the report be received and adopted. Carried UnanimouslY. RESOLUTION No. 42 - CHEESMAN - COVILLE - RESOLVED tat the Council of the Corporation of 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 commencement of all works herein listed- Financing Retirement Construction O.M.B. ~ Term By-law No. No.____/__. 84-295 E850021 $ 65,000 10 83-263 E831331 250,000 I0 84-294 E850019 140,000 10 83-258 E831333 50,000 I0 81-308 E811679 45,000 10 82-247 E821512 75,000 10 $625,00. 0 ; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Puttick, seconded by Alderman Pay, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 86-103 - A by-law to authorize a renewal of the lease of the old City Hall. No. 86-104 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Chessman, and Hinsperger abstaining from the vote on By-law No""'786-104, on conflicts of interest previously recorded,in Report No. 225; and all others voting in layout. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Bakers that the following by-laws be now read a second and third time: No. 86-103 - A by-law to authorize a renewal of the lease of the old City Hall. No. 86-104 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cheesman, and Hinsperger abstaining fro~ the vote on Sy-~86'I04, on conflicts o~ interest previously recorded; and all others voting in fayour. -5- NEW BUSINESS ITEM OF INTEREST: D~pac Pavement Patchar - Alderman Hinsperger referred to an article in the April 1986 issue of "Municipal World" regarding a Dynapac Pavement Patchar- The Maintenance & Operations Engineer advised that the Streets Superintendent was cognizant of the Dynapac, and further, that the Ministry of Transportation & Communications would be able to supply additional data to the municipalities. ITEM OF CONCERN: Adverse Publicity - Alderman Herrington referred to recent articles in the local newspaper concerning criticisms made against the Finance Committee and its decisions with respect to requested grants, and other budgetary issues, and suggested that attendance at the Finance Committee might help resolve the situation. It was moved by Alderman Puttick, seconded by Alderman Campbell, that the meeting adjourn. Carried Unanimously. mAD DOFTED, ACTING MAYOR PAT] ~MINGS %~ENTY-THIRD MEETING SPECIAL MEETING WITH FINANCE COMMITTEE Committee Rooms 2 & 3 May 12, 1986 Council met on Monday, May 12th, 1986, at 4:30 p.m. in a Special Meeting with the Finance Committee. All members of Council, with the exception of Mayor Smeaton, were present. Alderman Chessman presided as Chairman. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the minutes of the Finance Committee meetings held Aprll 28th, and 29th, 1986 be adopted as printed. Carried Unanimously. FINANCE COMMITTEE ITEMS CANADIAN CANCER SOCIETY Mr. Robert Keens, Campaign Chairman, Greater Niagara Unit, Canadian Cancer Society discussed the increase in patient services in the Area, and replied to questions raised. It was agreed that the grant request of the Canadian Cancer Society would be considered later in the evening during the discussion on the 1986 Operating Budget. OLDEN PARK PLAYGROUND EQUIPMENT Mr. Joseph Feor, 7367 Woodgate Street, discussed the need for playground equipment in Olden Park; referred to high taxes being paid in the area, lack of equipment within walking distance; distributed a plan for the park; and referred to s petition submitted to the Recreation Department a number of years ago in thls respect. He discussed a proposal made to the residents of the area in 1982 for recreational facilities in 4 to 5 years, and stated that no action had yet been taken. The Director of Parks & Recreation stated that the prime concern this year was a study of the safety aspects of playground equipment, and the removal of unsafe equipment. He discussed improvements made to playgrounds on a priority basis only, because of current economics. The possibility of participation by resident groups was considered, and it was pointed out that a lower incident of vandalism would occur if there was neighbourhood participation, but cautioned that the equipment would have to be inspected and liability coastdered. It was generally agreed that the establishment of playground equipment is a lengthy process, and further, that the matter weuld be reconsidered during the discussion of the 1986 Operating Budget. COHOLAN STREET LOCAL IMPROVEMENT - CURBS & GUTTERS Alderman Hinsperger referred to Report MW-86-12, Coholan Street Local Improvement, Curbs and Gutters. The report recommends that $85,000.00 be added to the Operating Budget to permit the construction of Local Improvement curb and gutter works on Coholan, Cherrywood, Maplewood and Dianne Streets. Mrs. Pat Speck, 5848 Coholan Street, and Mrs. Grace Baiano, 5872 Cobolan Street, artended the meeting. Mrs. Speck referred to the petition from residents in 1984 requesting the aforesaid improvements, the contact with the City in 1985 at which time a commitment to take action was made~ and a communication received by Mrs. Speck in January 1986 stating that the improve- ment would be completed. However, since that time, notification has been received that no immediate action would be taken in the matter. The Director of Municipal Works explained the outstanding priorities and advised that the request for local improvement on Coholan Street was one of the items that did not make the 1986 list of priority items. It was generally agreed that this matter would be considered again during a later discussion of the 1986 Operating Budget. RESTORATION OF OLD ST. JOHN'S CHURCH Mr. R. Jack Hall, President, Old St. John's Stamford Heritage Association addressed Council on behalf of the grant request for Old St. John's Church in the amount of $20,000.00. He responded to questions raised regarding the expiration date of the Provincial grant, and stated that further funding was required for furnishings, and interior renovations. It was generally agreed that the request would be considered later, during discussions on the 1986 Operating Budget. NIAGARA CLASSIC BICYCLE STAGE RACES A discussion was held regarding the request from Niagara Classic, for financial assistance in the amount of $800.00 to cover costs for the Niagara Classic Bicycle Stage Races. The Director of Parks & Recreation advised that the Chippaws Business Association is being contacted to review the proposed route for the races. It was moved by Acting Mayor err, seconded by Alderman Herrington, that the request be denied. Following further discussion, it was moved by Alderman Coville, seconded by Alderman Janvary, that the matter be tabled for further information. The motion to table took precedence. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Coville, Cummings, Herrington, Himspotter, Hopkins, Janvary, Pay, and Puttick. NAYE: Acting Mayor err. CONFERENCES & CONVENTIONS Alderman Cheesman referred to the report regarding Participation in Conferences, Conventions & Seminars - 1986, which recomanends approval of the amount of $21,866.00 for use by members of Council, representatives of the Recreation Coi~ission, Committee of Adjustment and Staff for participation in 1986 conferences, conventions and seminars. ' Following a brief discussion, it was moved by Alderman Janvary, seconded by Acting Mayor err, that the budgetted amount for Conferences, Conventions & Seminars be reduced by $1,866.00, to an upper limit of $20,000.00. The motion was Defeated with the following vote: AYE: Acting Mayor Orr, and Aldermen Baker, C0ville, Cummings'; HartluCian, and Janvary. NAYE: Aldermen Campbell, Chessman, Hinsperger, Hopkins, Pay, and Puttick. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Herrington, Himspotter, Hopkins, and Puttick. NAYE: Acting Mayor Orr, and Aldermen Coyills, Cummings, Janvary, and Pay. 1986 OPERATING BUDGET Alderman Chessman referred to the report with respect to the 1986 Operating Budget which recommends that all members of Council review the foregoing pre- liminary 1986 budget information. The Deputy Dlreetor of Finance provided an overview of the proposed budget end replied to questions raised regarding the mill rate, as well as estimates for the City, Educational and Regional levies, During the discussion, Alderman Puttick raised a concern that the Mayor's contingency fund be supported by receipts, and the car allowance be supported by mileage reports. He suggested that the actual car allowance be set at $35.00 per month. It was suggested that the Alderman submit available information, and that Staff be instructed to present a report on the matter, and further, that the matter be considered at a future meeting, -3- Street Lighting - ORDERED on the motion of Alderman Coyills, seconded by Alderman Hinsperger, that the proposed budget for Street Lighting be increased by $3,500.00 to an upper limit of $16,000.00. The motion Carried with Alderman Puttick absent during the vote, and with the following vote: AYE: Acting Mayor Orr, and Aldermen Baker, Campbell, Coville, Cummings, Marrington, Himspotter, Hopkins, and Janvary. NAYE: Alderman Pay. Gramts -- Greater Niagara Transit Commission - It was moved By Alderman Janvary, seconded by Alderman Puttlck, that the request of the Transit Commission be reduced in the amount of $20,000.00. Following a brief discussion regarding the matter, the motion was withdrawn. Niagara Falls Humane Society - Following a short discussion regarding the proposed budget for the Humane Society, it was moved by Alderman Coville, seconded by Alderman Cummings, that the Niagara Falls Humane Society budget be reduced By $4,000.00, to an upper limit of $206,000.00. The motion C~rried with the following vote: AYE: Acting Mayor err, and Aldermen Chessman, Coville, Cummings, Hlnsperger, Hopkins, and Janvary. NAYE: Aldermen Baker, Campbell, Herrington, Pay, and Puttick. Niagara Falls Art Gallery - ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the request for a grant to the Niagara Falls Art Gallery be denied. The motion Carried with the following vote: AYE: Acting Mayor err, and Aldermen Campbell, Cunnnings, Harrington, Hinsperger, Pay, and Puttick. NAYE: Aldermen Baker, Chessman, Coville, Hopkins, and Janvary. Holy Family Centre - Mr. Lynn Jones, 7086 Jill Drive, addressed Council on behalf of Reverend Donald W. Mullan, 6190 Barker Street, and reviewed a communication from Reverend Mullan suggesting that the financial funding requested By the Centre be approved, and that Council appoint representatives to meet with people from the Centre, and report back to the Finance Committee. Mr. William Delzell, 6090 Collins Drive, submitted a communication referring to the 1985 audit, and supporting the need for the Centre in the community. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the matter be tabled for further information. The motion Carfled with the following vote: AYE: Aldermen Baker, Campbell, Coville, Cummings, Marrington, Hopkins, Janvary, and Pay. NAYE: Acting Mayor Orr, and Aldermen Hinsperger, and Puttick. Old St. Jahn's Church- ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that a grant of $10,000.00 be approved for Old St. John's Church. The motion was Defeated with the following vote: AYE: Aldermen Chessman, Cummingss Marrington, and Janvary. NAYE: Acting Mayor 0rr, and Aldermen Baker, Campbell, Coyills, Himspotter, Hopkins, Pay, and Puttick. Y,W,C,A. - Alderman Harrington declared a conflict of interest because his wife has an interest in the Y.W.C.A. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinsperger, that $4,000.00 be added to the Y.W.C.A. grant, to a total amount of,$49,800.00. -4- The motion Carried with Alderman Herrington abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Baker, Campbell, Chessman, Coville, Cummings, Hlnsperger, Hopkins, and Janvary. NAYE: Acting Mayor err, and Aldermen Pay and Puttick. ~anadian Cancer Society - ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that a grant be approved to the Canadian Cancer Society in the amount of $1,200.00. The motion was Defeated with the following vote: AYE: Aldermen Cummings, and Janvary. NAYE: Acting Mayor Orr, and Aldermen Baker, Campbell, Coville, Harrington, Hinsperger, Hopkins, Pay, and Puttick. Kconoidc Development Agency - ORDERED on the motion of Alderman Janvary, seconded by Alderman Coville, that the grant to the Economic Development Agency be reduced by $6,600.00. The motion Carried with the following vote: AYE: Acting Mayor err, and Aldermen Baker, Campbell, Coville, Cummings, Hinsperger, Janvary, and Puttick. NAYE: Aldermen Cheesman, Barrington, Hopkins, and Pay. Niagara Promotion Association - ORDERED on the motion of Alderman Janvary, seconded by Alderman Baker, that the grant to the Niagara Promotion Association be reduced by $1,500.00. The motion was Defeated with the ~ollowing vote: AYE: Acting Mayor Orr. and Aldermen Baker, Herrington, Hopkins, and Janvary. NAYE: Aldermen Campbell, Chessman, Coyills, Cummings, Hinsperger, Pay, and Puttick. Niagara Falls, C~nada, Visitor & Cemvention Bureau - ORDERED on the motion of Alderman Janvary, seconded by Alderman Barrington, that the grant to the Visitor & Convention Bureau be reduced by $26,900.00. to a total of $200,000.00. The motion Carried with the following vote: AYE: NAYE: Acting Mayor err, and Aldermen Baker, Marrington, Hinsperger, Hopkins, Janvery, and Puttick. Aldermen Campbell, Chessman, Covilles Cummingss and Payl Olden Park Playground - A brief discussion was held concerning this matter. It was pointed out that other areas in the City should be considered. ORDERED on the motion of Alderman C,,mmtngs, seconded by Alderman Hinsperger. that the request be denied. and Staff directed to submit a report regarding Park Reserve Funds, as well as a list of perk priorities. The motion C~rried with the following vote: AYE: Acting Mayor err, and Aldermen Baker, Campbell, Coyills, C,mmings, Hinsperger, Hopkins. Janvary, Pay, and Puttick. NAYE: Alderman Herringten. Coholan Street - ORDERED on the motion of Acting Mayor err, seconded by Alderman Putticks that the recommendation of the Municipal Works Committee that $85,000.00 be added to the Operating Endget to permit the construction of Local Improvement curb and gutter works on Coholan, Cherrywood, Maplewood and Dianne Streets, be adopted. The motion Carried with the following votes AYEs Acting Mayor Orr, and Aldermen Campbell, Cummings, Harrtngton, HinsperSers Janvary, Pay, and Puttick. NAYE: Aldermen Bakers Cowllie, and Hopkins. Van and Sseper - Alderman Binsperger referred to Section ll, Item 11436, Garage and Equipments and discussed the need fur budgettfdg$52,000.O0 to replace a Sweepers and Van, ~ ;'- ~- '-: :!~w,~n~:~' :~:v~'~,~:~,~~,','l~l,,x~.'~ -5- It was moved by Alderman Hinsperger, seconded by Alderman Puttick, that $52,000.00 be included in the budget for the replacement of a Van and Sweeper. The motion was .~feated with the following vote: AYE: Acting Mayor Orr, and Aldermen Campbell, Chessman, Cummings, Hinsperger, and Puttick. NAYE: Aldermen Baker, Coville, Harrtngton, Hopkins, Janvary, and Pay. Following further discussion, it was moved by Alderman Hlnsperger, seconded by Alderman Harrtngton, that $25,O00.00 be budgetted for the purchase of one piece of equipment. The motion Carried with the following vote: AYE: Acting Mayor err, and Aldermen Campbell, Coville, Cummings, Herrington, Hinsper~er, Janvary, and Puttick. NAYE: Aldermen Baker, Hopkins, and Pay. Grants Based on Municipal Taxes - A brief discussion followed with respect to grants based on Municipal taxes. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that grants based on Municipal taxes would not exceed those Municipal taxes. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the 1986 Operating Budget, as discussed and considered at this meeting, be approved at the Regular Meeting of Council. Carried Unanimously. It was moved by Alderman Puttick, seconded meeting adjourn. Carried Unanimously. ~&~ READ AND ADOPTED, ' ~~CITY CLE by Alderman Hinsperger, that the TWENTY-FOURTH MEETING PLANNING/REGULAR MEETING Council Chambers May 12, 1986 Council met on Monday, May 12th, 1986, at 7:30 p.m. followin~ a Special Meeting, for the purpose of considering Planning Matters and regular business. All members of Council, with the exception of His Worship Mayor Smeatom, were present. Acting Mayor Judy Orr presided as Chairman. Alderman Hopkins offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Htnsperger, that the minutes of the meeting held May 5th, 1986, be adopted as printed. Carried Unanimously. REPORTS - PLANNING MATTERS No. 228 - (PD/48/86) - Chief Administrative Officer - Re: Zoning Amendment Application AM-9/86,502/bH Onterio Ltd., 48bD-48/O Roberts Street at Victoria Avenue. The report recommends the following: 1) That Council support the proposed amendment to Zoning By-law 79-200 permitting the subject lends to be used in conjunction with the existing Tourist Commercial property to permit a 3 storey Hotel to he erected, as outlined in PD/44/86. That Council direct Staff to prepere an appropriate zoning by-law amendment for enactment at a subsequent Council meeting. - AND - Prelimtnery Applicetion AM-9/Sb, Proposed b2 Unit o d Robevts Street. The communication states that the proposed rezoning would conform with the Regional and the Niagara Fells Official Plans, that the Regional Planning Staff have no objection, and further, that consideration should be given to whether the amount of parking to be provided, and the vehicular accesses to the hotel are adequate. Acting Mayor Orr declared the Public Meeting open, and requested the City Clerk to explain the details of the proposed application. The Clark explained that the property was located on the south side of Roberrs Street, approximately 60 me~res (197') west of Victoria Avenue, and advised that the proposal was to amend Zoning By-law 79-200 from Deferred Tourist Commercial to Tourist Commercial in order to permit development of a 3 storey hotel. He stated that the Notices of Public Meeting were forwarded by first class mail on April llth, 1986. Acting Mayor Orr requested a show of hands from persons in fayour, and opposed to the application, and received a positive response. She requested that persons wishing to receive further notice of the passage of the by-law submit names and addresses to the Clerk prior to leaving the meeting. Acting Mayor Orr explained the procedure of the Public Meeting. The Planning Director discussed the subject property with the assistance of posted sketches. He explained that the subject land currently abuts a variety store and office building on the southwest corner of Robert's Street and Victoria Avenue. He reviewed information contained in the Technical Report in terms of Property Description, Development Proposal, Zoning by-law Amendment, Official Plan, Surrounding Land Use, Comments from Public Notification Process~ and Planning Review. Mrs. Frances Boulton, 4911 Kitchener Street; Mr. Dan Ferro~ 4946 Stamford Street; Mr. Rado Mackit, 4899 Kitchener Street; and Mr. Greg Black, 4899 Kitchener Street; expressed opposition to the application in terms of inadequate parking, present traffic congestion, increased traffic problems with danger to neighbourhood children, loss of residences~ and devaluation of property. Mr. Ferro sohmitted a copy of a letter to the Regional Director, M.T.C. requesting accident and traffic counts in the area, together with former comparable studles; as well as a petition signed by 29 concerned residents. -2- Mr. Joseph Mingle, the applicant, was in attendance and responded to guestions raised regarding parking, and the location of the egress ramp. Since no further comments and questions were forthcoming, Acting Mayor Orr declared the Public Meeting closed. ORDERED on the motion of Alderman Coyills, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carrie__dwith the following vote: AYE: Aldermen Baker, Campbell, Chessman, Coville, Cummings, Minsperger, Hopkins, Janvary, Pay, and Puttick. NAYE: Alderman Harrington. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. No. 229 - (PD/47/86) - Chief Administrative Officer - Re: Zoning Amendment Application AM-11/g6, 61412~ Ontario Inc., 6240 Thorold Stone Road. The report recommends the following: 1) That Council support the proposed Zoning By-law Amendment as detailed in PD/45/86 and pD/47/86; 2) That Staff be directed to prepare the necessary Zoning By-law Amendment for enactment at a subsequent Council meeting; 3) That site plan improvements noted in PD/45/86 be addressed prior to site plan approval; 4) That the applicant and Regional Municipality of Niagara be advised accordingly. Acting Mayor Orr declared the Public Meeting open, and requested the Clerk to explain the proposal. The City Clerk advised that the proposal would amend the zoning of the subject site from a Transition Residential Multiple Zoned (TRM) to a Parking Zone (P), thereby permitting the lands to be developed for parking purposes only, and as an accessory use to the new commercial plaza to the north. He further advised that the additional parking would also permit a building addition to the existing plaza on the lands currently zoned General Commercial. The Clerk stated that Notices of the Public Meeting were forwarded by first class mail on April llth, 1986. Acting Mayor err received a positive response to a request. for a show of hands of those persons present who were in fayour, or opposed to the application. She explained the procedure of the Public Meeting, and asked that persons wishing to receive further notice of the passage of the by-law submit their name8 and addresses to the Clerk prior to leaving the meeting- The Planning Director explained the proposal with the assistance of posted sketches, and reviewed information contained in the Technical Report, in terms of Property Description, Development Proposal, Zoning By-law Amendment, Official Plan, Surrounding Land Use, Comments from the Public Notification Process, and Planning Review. Mr. George 01esevich, 4036 Elberta Avenue, advised that he was in favour of the proposal, because there was a shortage of parking in the ares. Ms. Brenda Hamilton, 4064 Elberta Avenue; Ms. Judith Ann Chimenil, 6239 Crawford Street; Bruce, and Kathy Sharp, 4095 Drummond Road; Cordon Ea~mer and Daisy Hatmet, 4056 Elberta Avenue; expressed opposition to the application because there appeared to be sufficient parking; the parking extension would increase traffic flow and compound the current traffic congestion problem on the one way section of Drummond Road; increase noise and accidents; devalue adjacent residential properties; create a precedent for further rezoning on Drummond Road| and the suggested landscape buffer zone mas termed "unrealistic". Concern was expressed regarding the present condition of the subject lands; as well as the possibility of future expansion of the plaza. A petition of opposition, signed hy 13 area residents, was submitted, -3- Communication No. 164 - Regional Niagara Planning & Development De artment - Re: Preliminary Application AM-11/86, Parking for Plaza, Drummon~of Thorold Stone Road. The communication advises that the Regional Planning Staff are not opposed to this application, and Regional Public Works Staff would have no objection to the proposed rezoning, but have requested conditions with respect to the proposed development. Mr. J.Wm.J. Gullett, Solicitor, 1 Church Street, St. Catharines, addressed Council on behalf of Mr. Joe Viele, the applicant, expressed approval of the report submitted by the Planning Department; and addressed the concerns raised by the adjacent residents. He suggested that a method of alleviating traffic congestion was to provide adequate, and successful parking; stated steps would be taken to resolve the problem of garbage disposal in future; and responded to questions raised regarding a dedication of a 10' strip of land for roadway purposes, as well as the proposed 20' addition to the existing structure. He stated that all conditions proposed by the Planning Department were acceptable to the developer. Following further discussion, Acting Mayor err declared the Public Meeting closed. ORDERED on the motion of Alderman Harrington, seconded by Alderman Cununings, that the. application be denied. The motion Carried with the following vote: AYE: NAYE: Aldermen Baker, Campbell, Coville, Cummings, ltarrington, Hinsperger, Janvary, and Puttick. Aldermen Chessman, Hopkins, and Pay. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the communication he received and filed. Carried Unanimously. No. 230 - (PD/46/86) - Chief Administrative Officer - Re: Convert to Rent Up-Date. The report provides background information regarding Convert to Rent programmes introduced by the Ministry of Municipal Affairs and Housing in 1983, as well as the expanded programme, and recommends that this report be received for Council's information. In response to questions raised regarding the actions being taken by the City of Niagara Falls in this matter, the Planning Director stated that this was a programme of the Ministry of Municipal Affairs and Housing, and action was being taken by the Ministry. A request was made for information regarding the similarity of advertising the programme throughout the Province of Ontario. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. It was further recommended that Staff be directed to submit a report with respect to the question on advertising. Carried Unanimously. DEPUTATIONS CAMPAIGN TO SAVE NIAGARA Alderman Harrington introduced Mr. A10leksuik, 4083 Front Street, and Mr. Tony Luppino, Citizens Action group, Niagara Falls~ New York, as representatives of the newly established group known as "The Campaign For A Clean Niagara". Mr. Lupine discussed the formation of a group of 10 local, National, and International citizens, and distributed factual information in connection with dioxin which advises that no technology exists to completely destroy certain chemical waste products, that the incineration of dioxin wastes from Hyde Park be discontinued, and further, that 0zy should remove the dioxin wastes from the landfill and temporarily contain them off,its in an above ground, monitored, and ecologieally appropriate storage facility. The submission suggests that "a fully safe method be found so that wastes can be destroyed without reshuffling contamination to new areas and endangering the public". Mr. Oleksuik referred to former action taken by the City in connection with the O.W.M.C., and requested that Council refer the matter to the Environmental Committee for further involvement, ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the matter be referred to the Environmental Committee. Car~ -4- NEW FILL REGULATED AREAS - MS. GAYLE HALL Ms. Gayle Hall, Director, Water and Resources Planning, Niagara Peninsula Conservation Authority, introduced Mrs- June Gardner, and Mr. Lorne Biggs, members of the Conservation Authority- She discussed the regulation of diverting water courses, and the regulation regarding construction; floodplain management; flood fringe; and floodline Ms. Hall advised that Council would he approached in 1986 respecting tha recognition of flood and fill lines within the Official Plan. During the discussion it was noted that the report of the Municipal Works Department regarding drainage problems in the southern area of the City was anticipated, and further, that a proposed subdivision which would affect the fill lines had been tabled for further information. The Niagara Peninsula Conservation Authority was commended for its efforts. PROPERTY TAXES - MR. MALCOLM GIBSON Co~nunication No. 165 - Malcolm G. Gibson, President, Green Oaks Mobile Homes Limited - Re: Property Taxes- The com~unication discusses the Market Value Assessment system in the payment of property taxes, and attaches a copy of a lengthy communication forwarded to the Ontario Municipal Board requesting reconsideration of an appeal decision. Mr. Gibson was in attendance at the meeting. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the communication be referred to Staff for submission of a report as soon as possible. Carried Unanimously- COMMUNICATIONS No. 166 - Regional Niagara Planning & Development De artmerit - Re: O.W.M.C. The communication advises of the public forum scheduled by Regional Nlagaraws OWMC Steering Con~ittee for June 18th, 1986, to discuss the OWMCts plans to establish a hazardous waste management facility in West Lincoln. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be referred to the Environmental Committee. Carried Unanimously. qu an t for Municipal Elections, to 9:00 a.m. to 7:00 p.m. The Clerk advised that the Province of Ontario had formed an Advisory Committee to do a study, with comments from elected and appointed persons, an advertisement for suggestions had been placed in the local newspaper, and that this communication was received as a result of the ad, ORDERED on the motion of Alderman Cummings, seconded by Alderman Hopkins, that a communication bs forwarded to the Advisory Committee supporting the suggestion. Carried Unanimously. No. 168 - Niagara Promotion Association - Re: Blossom Festival '86 Parade. The communication discusses the lack of a City Float in the Blossom Festival 1986 Parade. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. REPORTS No. 231 - Chief Administrative Officer - Re: Proposed Plan of Subdivision - "Portage Green village Gondominium", File No. 26-CD-86003 (1). The report recommends that the 'Portage Green Village Condominium" Subdivision be given preliminary approval subject to the conditions enumerated in this report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington~ that the report be received and adopted. Carried Unanimously. -5- No. 232 - Chief Administrative Officer - Re: Proposed Plan of Subdivision - "Miller Oakes Estates", File No. 26T-86003, Welland Securities (1964) Ltd. The report recommends that the "Miller Oakes Estates" Subdivision be given prelim- inary approval subject to the conditions enumerated in this report. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 233 - Chief Administrative Officer - Re: Proposed Plan of Subdivision - "Stamford Heights Cundominium", File No. 26-CD-86003 (1), Joe Moretta Invest- ments Limited. The report recommends that the "Stamford Heights Condominium" Subdivision be given preliminary approval subject to the conditions enumerated in this report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No. 234 - Chief Administrative Officer - Re: Site Plan Approval, Proposed Surface Parking Area, Portage Road and Prospect Street (N/W corner). The report recommends that the Council approve the site plan on display at tontght's meeting, being a proposed surface parking area, and the site plan being drawing number 1 dated June 24th, 1985, as amended, and filed with the Buildings and Inspections Department of the City of Niagara Falls on May 9th, 1986, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Pay, seconded by Alderman Hlnsperger, that the report be received and adopted. The motion Carried with the following vote: AYE: NAYE: Aldermen Baker, Campbell, Cheesman, Coville, Harrington, Hinsperger, Janvary, Pay, and Puttick. Aldermen Cunnnings, and Hopkins. No. 235 - Chief Administrative Officer - Re: Site Plan Approval, Proposed 3 Unit On Street Townhouse Dwelling, Drummond Road and Murray Street (N/E corner). The report recommends that the Council approve the site plan on display at tontght's meeting, being a proposed on street townhouse dwelling, and the site plan being drawing number A3 dated April 19th, 1986, as amended, and filed with the Buildings and Inspections Department of the City of Niagara Falls on May 6th, 1986, and that such approval be subject to the conditions outlined in the report. The Clerk stated that two objections to the by-law had been received and recommended that the matter be tabled, ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be tabled. The motion Carried with the following vote: AYE: NAYS: Aldermen Baker, Campbell, Chessman, Covllle, Cummings, Hlnsperger, Hopkins, Janvary, Pay, and Puttlck. Alderman Harrington. No. 236 - Chief Administrative Officer - Ew: MW-86-11, Contract R.C. 5-86, Finished Road Construction in Calaguiro Estates Subdivision - Phase I. The report recommends that the unit prices submittedby the low tendeter, Northland Bitullthic Limited be accepted by Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously- See Resolution No. 43, See By-law No. 8b-lOb. No. 237 - Municipal Works Committee - Re: MW-86-14, Committee Reports. The report recommends the following: 1) Microcomputers - En tneerin Department - It is recommended t[at the ~lrector of Municipal Works be authorized to purchase two (2) Xerox XPC 6064 computers complete with net working system, hardware and software as outlined in .this report~ for the amount of $13,567.00. 2) 1986 New Equipment Purchases - It is recommended that: (1) The attached proposed new vehicle and equipment replacements subject to approval of the 1986 Operating Budget by Council, be approved; and that (2) Staff be authorized to call tenders for purchase of new and replacement vehicles, subSect to approval of the 1986 Operating Budget by Council. -6 - 3) III Annual Cleanup Campaign It is reco~mnended that the advisory report be received and filed. ORDERED on the motion of Alderman Pay, seconded by Alderman Hiusperger, that the report be received and adopted. The motion Carried with Alderman Hopkins voting contrary on Item No. 1, and all others voting"~vour. No. 238 - Munici al Works Committee - Re: MW-86-15, Basement Flooding at the Waldorf Motel, K~tchener Street at Stanley Avenue. The report recommends the following: 1) That flow restricting devices be placed at storm sewer discharge points into the combined sewer system at the intersections of Stanley Avenue and Ferry Street, and Stanley Avenue and Robinson Street; and 2) That flow restricting devices be installed in catchbasin leads at each catchbasin. ORDERED on the motion of Alderman Cummings, seconded by Aldermen Hinsperger, that the report be received and adopted. Carried Unanimously. No- 239 - Chief Administrative Officer - Re: Fences Athletic Fields. The report recommends that Start be given authority to extend the 1985 fencing contract (at the 1985 rate) with Lundy's Steel. The purpose of this extension is to complete the required work at Ker Park and Niagara South Recreation Centre. The estimated cost is $12,795.00. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. VERBAL REPORT - Chief Administrative officer - Re: 1986 Operating Budget. The Chief Administrative Officer advised that reports with respect to Participation in Conferences, Conventions & Seminars, 1986, and Coholan Street Local Improve- ment, Curbs and Gutters, had been included in the 1986 Operating Budget. He stated that the Finance Committee recommends to Council that the 1986 Operating Budget, as approved at an earlier meeting on this date by the Finance Committee and all members of Council, be approved, and a by-law be passed at the next meeting of City Council. Alderman Chessman, Chairman of the Finance Committee, expressed appreciation of the Finance Committee, and all members of Council, for their cooperative 1 effort in finaliztng the 986 Operating Budget. Members of Council commended Staff on the preparation of the budget, and suggested that budget considerations should begin at an earlier date for 1987. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hlnsperger, that the report be received and adopted. Carried Unanimously. - AND - Communication No. 169 - Mayor Smeaton - Re: Finance Meeting - May 12, 1986. The communication requests that it be recorded that Mayor Smeaton is "fully in fayour of the existing Budget as reviewed on April 29th, 1986". ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the connunication be received and filed. Carried Unanimously. No. 240 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $3,355,143.10 for the one week period. ending Monday, May 12th, 1986, be approved by the passing of the by-law appearing later on the agenda. Alderman Campbell declared a conflict of interest on Cheque No.'16440, because the organization is a client. Alderman Chessman declared a conflict of interest on Cheque No. 16471 because his wife is employed with the organization. Alderman Binspatter declared conflicts of interest on Cheque No. 16452 because he is employed with the firm, and on Cheque No. 16486 because he is a member of .the Association. -7- Additional information was provided on Cheque Nos. 16441, 16488, and 16500, ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and adopted. The motion Carried with Aldermen Campbell, Chessman, and Hinsperger abstaining from th~ vote on Cheque Nos. 16440, 16471, and 16452, and 16486 consecutively, on conflicts of interest recorded above; and all others voting in favour. No. 241 - 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 from Sunday, August 24th, to Wednesday, August 27th, 1986, at the Royal York Hotel in Toronto. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be tabled for two weeks to allow Aldermen who are interested in attending the conference an opportunity to contact the Clerk's office. It was further recommended that reservations be made for 5 delegates. Carrled___Unanimously. No. 242 - Chief Administrative Officer - Re: Appointment of an Inspector, Licensed Lottery OperationS. The report recommends that Council authorize a six-month employment contract between the Corporation and Angels Arntz, as set out in the attached document. Aldermen Cummings, and Hinsperger declared conflicts of interest because they are members of organizations that conduct hinges. ORDERED on the motion of Alderman Herrington, seconded by Alderman Baker, that the report be received and adopted. The motion Carried with Aldermen Cummings, and Hinsperger abstaining from the vote on conflY~ interest previously recorded, and all others voting in favour. A discussion followed regarding the recent increase in applications for a licence to conduct bingos, and the possible limiting of the number of licences. ORDERED on the motion of Alderman Baker, seconded by Alderman Chessman, that the matter be referred to Staff for a report as soon as possible, with comments from the Social Planning Council, the new Bingo Inspector, and bingo hall owners and operators. It was further recommended that the applications on hand, and any new applications, be held in abeyance until the report has been submitted to Council. The motion Carried with Aldermen Cummings, and Hinsperger abstaining from the vote on conf~f interest previously recorded, and all others voting in favour. RESOLUTIONS No. 43 - CUMMINGS - HINSPERGER - RESOLVED that the unit prices submitted by Northland Bitulithic Limited for Contract R.C. 5-86, finished road construction in Calaguiro Estates Subdivision - Phase I, at the low tendered amount of $24,044.85, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously~ No. 44 - CUMMINGS ~ PAY - 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 Unanimousl · BY-LAWS ORDERED on the motion of Alderman Janvary, seconded by Alderman Pay, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: -8- No. 86-105 - A by-law to authorize the execution of a Quit Claim Deed respecting the meet southerly one-half of Lot 94A Registered Plan No. 37 for the former Town, now City of Niagara Falls, now known as Plan 298. No. 86-106 - A by-law to authorize the execution of an agreement wlth Northland Bltulithic Limited for finished road construction in Calaguiro Estates Subdivision - Stage I. No. 86-107 - A by-law to provide monies for general purposes- The motion Carried with Aldermen Campbell, Chessman, and Hlnsperger abstaining from the vote~y-law No. 86-107, on conflicts of interest previously recorded in Report No. 240; and all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hlnsperger, that the following by-laws be now read a second and third time: No. 86-105 - A by-law to authorize the execution of a Quit Claim Deed respecting the most southerly one-half of Lot 94A Registered Plan No. 37 for the former Town, now City of Niagara Falls, now known as Plan 298. No. 86-106 - A by-law to authorize the execution of an agreement with Northland Bitullthic Limited for finished road construction in Calaguiro Estates Subdivision - Stage I. No. 86-107 - A by-law to provide monies for general purposes. The motion Carrled with Aldermen Campbell, Cheesman, and Hinsperger abstaining from the vote"~ony-law No. 86-107, on conflicts of interest previously recorded; and all others voting in favour. NEW BUSINESS ITEMS OF INTEREST: Backstreet Productions/Teen Danes - Alderman Chessman discussed his concern regarding the posting of promotional handbills, by Backstreet Productions, on trees and posts throughout the City. ORDERED on the motion of Alderman Chessman, seconded by Alderman PayJ that the matter be referred to Staff for investigation and a report. Carried Unanimously, ~anadia Property - Alderman Cummings discussed complaints he had received regarding the Canadia Property. He referred to concerns with respect to a high level of dust raised last week, as well as the condition on the front part of the property- Super~ll/Ohermesiau Brothers - Alderman Cummings expressed concern respecting an item in the local newspaper with statements attributed to the Honourable Monte Kwinter, Minister of Consumer and Commercial Relations, to the effect that funding from the Provincial Government might be more forthcoming if the Supermall was located outside the Golden Horseshoe. Alderman Cummings discussed his concern regarding unfair competition. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that a letter be forwarded from the office of Mayor Smeaton, expressing the concern ~f City Council with regard to unfalr competition, and suggesting that any avail- able incentives should ~e applied equally across the Province. The motion Carrie__~dwith the following vote: AYE: Aldermen Baker, Campbell, Cheesman~ Covllle, Cummings, Harrington, Hinsperger, Hopkins, and Janvary. NAyE: Alderman Puttick. Granny FIsts - Alderman Pay referred to the modules, funded by the Provincial Government, ~slled ~Granny Flats", and used as teside~tiel homes by grandparents in need of he.using facilitieS. -9- ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the matter be referred to the Social Planning Council for comments. Carried Unanimously. ITEMS OF INTEREST: GaleIs Gas Bars/Y,M.CoA, - Alderman Campbell advised that during Saturday, May 17th, and Sunday, May 1Sth, 1986, between the hours of 9:00 a.m. and 5:00 p.m., Gale's Gas Bars throughout the City of Niagara Falls would offer to the Y.M.C.A., .04~ on each litre of gas sold. Painting of Bridges/~allway - Alderman Puttick referred to a former request that the railway bridge at Park and Zimmerman Streets be painted, and the subsequent response from The Toronto, Hamilton and Buffalo Railway Company that the matter was being progressed. Alderman Puttick suggested that the Company be asked to use a complimentary paint colour for the bridge. Intotic T~ Levy- In reply to a suggestion, made by Alderman Harrington, that a tax discount might be initiated as an incentive for the early payment of taxes, the Treasurer stated that this practise had been in effect a number of years ago, and further, that the discount had not been advantageous to the homeowner. He suggested that if Council wished to consider reinitiating the practise, the matter should be discussed In October or November. Nlagarm Fells Firecrackers - At the request of Alderman Janvary, the Deputy Clerk presented an overview of the upcoming fireworks planned for the Victoria Day weekend. She advised that the celebration was scheduled for ~bnday, May 19th, 1986, beginning at 7:00 p.m., and the display would begin at approximately 9:15 p.m., on the Mountain at Marineland. The Deputy Clerk referred to the cooperative assistance of Mr. John Holer, the Niagara Parks Commission, the Niagara Parks Police, and the Regional Niagara Police Force. It was moved by Alderman Cummings, seconded by Alderman Puttick, that the meeting adjourn. Carried Unanimously. / MAYOR'J D 6RR TWENTY-FIFTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 May 26, 1986 Council met on Monday, May 26th, 1986 at 6:00 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Orr, were present. Alderman Hinsperger presided as Chairman. Following consideration of ~.~&A' AA~%sented, the Committee of the Whole arose to report in open Counc~ READ ~'ADOPTED, v~'V ' WW'~ Council Chambers 1 May 26, 986 Council met on Monday, May 28th, 1986 at 7:30 p.m. for the purpose of considering general business. All members of Council, with the exception of Alderman Orr, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Chessman offered the Opening Prayer. ADOPTION OF MINUTES Alderman Puttick asked that the Minutes of the meeting held May 12th, 1986 be amended, under New Business - Supermall/Ghermezian Brothers, to show that he was opposed to the motion. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the minutes of the Special Meeting held May 12th, 1986 be adopted as printed; and the amended minutes of the Planning/Regular Meeting held May 12th, 1986, be adopted. Carried Unanimously. DEPUTATIONS NIAGARA FALLS CANADA, VISITOR & CONVENTION BUREAU - 1986 Mr. Mike Halle, President, and Mr. Gordon Paul, Past-President were in attendance to represent the Visitor & Convention Bureau. Mr. Ralle discussed the reduction by Council of the Bureau's 1986 proposed budget hy $26,900.00; the efforts made by the Bureau to reduce 1986 budget costs, and its success in remaining within the 4.5% Inflationsty increase; requested specific items that Council wished to see eliminated from the Bureau's proposed budget; expressed concern that no prior knowledge of the redaction had been received; and requested information regarding the rational used in making the decision. The City Clerk referred to Council's procedural by-law, It was moved by Alderman Coyills, seconded by Alderman Cummings, that the proposed 1986 Budget submitted by the Visitor & Convention Bureau be re-considered. The motion Carried with the following vote: AYE: NAYE: Aldermen Campbell, Chessman, Covllle, Cummings, Herrington, Hinsperger, Janvary, and Pay. Aldermen Baker, Hopkins, and Puttick. A lengthy discussion followed regarding the different rational used by Council in making its decision. The need for equipment replacement was discussed, as well as Council's mandate with respect to maintenance of the Municipal infrastructure. The beneficial impact of tourJam on the City of Niagara Falls was discussed, and the Bureau was commended on its efforts to reduce the requested funding. ORDERED on the motion of Alderman Cummings, seconded By Alderman Campbell, that a grant in the amount of $226,900.00 be approved for the Visitor & Convention Bureau. The motion was Defeated with the following vote: AYE: Aldermen Campbell, Chessman, Coville, cummings, and Pay. NAYE: 'Aldermon Baker, Hsrrington~ Hinsperger, Hopkins, Janvary, and.P~t~i~k~ -2- NIAGARA FALLS ART GALLERY Mrs. Ola Kolankiwsky, 8058 Oakwood Drive, represented the Niagara Falls Art Gallery & Museum at the meeting. It was moved by Alderman Cheesman, seconded by Alderman Hopkins, that approval be granted to reconsider the grant request made by the Niagara Falls Art Gallery. The motion Carrte~ with the following vote: AYE: Aldermen'Chessman, Cummings, Harrlngton, Hopkins, Janvary, and Pay. NAYE: "'Al~ermen Baker, CampBell, Coville, Hinsperger, and Puttick. Mrs. KolankIwsky dis~ussed, with regret, the decision of Council to grant the 1986 Budget request of the Niagara Falls Art Gallery. She invited Councll to visit the Gallery. A discussion was held regarding the aesthetic and cultural value of the Gallery to the CIty of Niagara Falls. ORDERED on the motion of Alderman Chessman, seconded by Alderman Bopklns, that the next meeting of the Finance Committee be held at the Niagara Falls Art Gallery, and further that the 1986 Budget request of the Gallery be placed on the Ageode. The motion was Defeated with the following vote: AYE: Mayor Smeaton, and Aldermen Chessman, HarrinRton, Hopkins, and Janvary. NAYE: Aldermen Baker, Campbell, Coyills, Cummings, Htnsperger, Pay, and Puttick. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the next meeting of the Finance Committee be held at the Niagara Falls Art Gallery. The motion Carried with the following vote: AYE: Aldermen Baker, Chessman, Coyills, Cummings, Herrington, Htnsperger, Hopkins, Janvary, and Pay. NAYE: Aldermen Campbell, and Putticko COMMUNITY RESOURCES CENTRE Communication No. 170 - John B. Prentice, Chairman, Management Committee - Re: Community Resources Centre. The communication attaches a copy of the Centre's Annual Report and 1986 Budget. Mr. Prentice was not in attendance at the meeting. ORDERED on the motion of Alderman Chessman, seconded by Alderman Coyills, that the communication be deferred. Carried Unanimously. NIAGARA FALLS FAMILY Y.M.C.A. Mr. Chris Cristelli, Chairman of the Board, and Mr. Tom Buchanan, Executive Director of the "Y" were in attendance at the meeting. Mr. Cristelli discussed the recent fund raising efforts of the "Y", and requested that since the organ- ization has been successful in reaching its objective of $25,000.00, that the City release to the ..y. its matching $25,000.00, as stated by Council in a resolution made at the March 24th, 1986 meeting of City Council. Alderman Campbell declared a conflict of interest because the Y,W.C.A. is a client. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that a grant to the Y.M.C.A. in the amount of $25,000.00 be approved. The motion Carried with Alderman Campbell abstaining from the vote on a conflict of interest previously recorded~ and with the following vote: AYE: ' Aldermen Baker, Covllle, Cummings, Barrington, Hinaperger, Hopkins, Janvary, Pay, and Puttick. NAYE| Alderman Chessman, , -3- UNFINISHED BUSINESS PARTICIPATION IN CONFERENCES, CONVENTIONS, SEMINARS, 1986 Report No. 243 - Chief Administrative Officer - Re: Participation in Conferences, Conventions, Seminars, 1986. The report recommends that Council approve the schedule of Participation in Conferences, Conventions and Seminars as adopted by the Joint meeting of Council and the Finance Committee held on May 12th, subject to an increase necessary to accommodate the attendance of Members of Council at the annual A.M.O. Conference. ORDERED on the motion of Alderman Pay, seconded by Alderman Hlnsperger, that the report be received and adopted. Carried Unanimously. COMMUNICATIONS No. 171 - The Chamber of Commerce Niagara Falls, Canada - Re: Economic Development Report for The City of Niagara Falls. The communication provides information regarding the economic development study requested by the Chief Administrative Officer on the direction of Conncil. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Pay, that the communication be referred to the Environmental Committee, and further, that a copy be forwarded to the Niagara Region Development Corporation. Carried Unanimously. No. 172 - Regional Niagara Planning & Development Department- Re: Regional Niagara OWMC Steering Committee. The communication attaches the minutes of the Committee dated April 3rd, and 14th, 1986. ORDERED on the motion of Alderman Baker, seconded by Alderman Coville, that the communication be referred to the Environmental Committee. Carried Unanimously. No. 173 - Regional Niagara Planning & Development Department- Re: Regional Niagara OWMC Steering Committee. The communication attaches the minutes of the Committee dated April 17th, 21st, and 28th, 1986. During the discussion it was agreed that the minutes of the Regional Niagara OWMC Steering Committee would be forwarded directly to the Environmental Committee, with copies to Aldermen Campbell, Coyills, Cummings, Marrington, and Hinsperger. ORDERED on the motion of Alderman Baker, seconded by Alderman Coville, that the communication be referred to the Environmental Committee. The motion Carried with the following vote: AYE~ Aldermen Baker, Campbell, Cheesman, Covi~e, Cummings, Marrington, Mtnsperger, Hopkins, Janvary, and Pay. NAYE: Alderman Puttick. No. 174 - Regional Niagara Office of the Clerk - Re: 1986 Regional Tax Levy. The communication encloses a copy of By-law No. 4235-86 entitled, "A By-law to Levy Against the Area Municipalities for the Sums of Money Required During the Year 1986 for the General Purposes of the Regional Corporation". ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously.. No. 175 - Welland County Roman Catholic Separate School Board - Re: Lester B. Pearson Park, Mary Ward School. The communication requests permission to allow four portable classrooms to be located at the school site for one year, to August 31st, 1987, until the addition to the school has been completed. ORDERED on the motion of Alderman Herrington, seconded by Alderman Cummings, that the request be approved subject to review by the Recreation Department, and the Buildings & Inspection Department. Carried Unanimously. No. 176 - Regional Niagara Office of the Clerk - Re: Niagara Regional Development Corporation (NRDC), The comunication attaches correspondence from the NRDC to the Region with respect to the request of St. Catharines for a refund of their share of the levy to the NRDC and suggesting a Joint meeting of all mayors tn the a~ea to review NRDC pMogress and.address individual concerns. -4- ORDERED on the motion of Alderman Pay, seconded by Alderman Cununings, that the communication be received and that Mayor Smeaton participate in the suggested Joint meeting. Carried Unanimously. No. 177 - Joe Charlebois, Life DIrector, Humane Society - Re: Leg Hold Trap Bill PR 10. The communication expresses appreciation to Council and the City Solicitor for their support tn the passing of the BIll. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the commenication be received and filed. Carried Unanimously- No. 178 - Consumerst Association of Canada - Re: Bell Canada. The communication advises that CRCT Hearing is scheduled for June 2nd, 1986, in Hull, Quebec, to review Bell Canada~s financial position, and request for an interim 2% rate increase, as well as a discussion of major areas of concern respecting Bellts revenues; and requests comments. Alderman Hlnsperger declared a conflict of interest because he is employed by the firm involved. ORDERED on the motion of Alderman Pay, seconded by Alderman Baker~ that a letter be for be forwarded to the Consumerst Association advising that Council approves in principle, but not financially. The motion C._arried with Alderman Rinsperger abstaining from the vote on a conflict of interest ~reviously recorded, and with the following vote: AYE| Aldermen Baker, Campbell, Cheesman, Coville, Herrington, Hopkins, Janvary, and Pay. NAYE: Aldermen Cummings, and Puttick. No. 179 - Molson NHL Slo-Pitch - Re: Molson NNL Slo Pitch Tournament. The communication requests permission to fly a Hot Air Balloon from June 13th, to 15th, 1986 at Oakes Park. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the request be granted subject to submission of the required insurance~ Carried Unanimously. No. 180 - NIagara Fastball Association - Re: Annual Fastball Tournament. The communication requests a Special Occasion Permit for the Assocfation~s Fastball Tournament scheduled for July 16th to 20th, 1986, at Ker Park. ORDERED on the motion of Alderman Curmmings, seconded by Alderman Pay, that the request of the Niagara Fastball Association for a special occasion permit for its Annual Fastball Tournament to be held July 16th, 17th, lath, 19th, and 20th, 1986, at Ker Park, Niagara Falls, be approved subject to the approval of the Regional Police Department, the Niagara Falls FIre Department, tbe Niagara District Health Unit, and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 1S1 - Acres International Limited - Re| Acres 60th Anniversary Reception- The communication requests a Special Occasion Permit for the reception scheduled for June 20th, 1986 at 5259 Dorchester Eoad, Niagara Falls. Alderman Cummings declared a conflict of interest because he is employed with the firm involved. ORDERED on the motion of Alderman Eiusperger, seconded by Alderman Pay, that the request of Acres International Limited for a special occasion permit for its 60th Anniversary Reception to be held June 20th, 1986 at 5259 Dorchester Road, NIagara Falls, be approved subject to the approval of the Regional Police Department, tbe Niagara Falls Fire Department, the Niagara District Health Unit, and the Liquor Licensing Board of Ontario. The motion Carried with Alderman Cummings abstaining from the vote en a conflict uf intere'~T'~eviously .recorded, and all ethers voting in fayour. No. 1~2 - Chippaws Llnns Club - Re~ Annual Carnivai. The communication requests a Special Occasion Permit for its Annual Carnival scheduled for June 4th, to 7th, 1986, at Chippaws Lions Community Centre, Niagara Fails, Alderman Hinsperger declared a conflict of interest becaus~ he is a member of the organization. -5- ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the request of the Chippaws Lions Club for a special occasion permit for its Annual Carnival to be held on June 4th, 5th, 6th, and 7th, 1986, at the Chlppawa Lions Community 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. The motion Carried with Alderman Hlnsperger abstaining from the vote on a conflict of interest previonsly recorded, and all others voting in favour. No. 183 - Ministry of Housing - Re: Assured Housing for Ontario. The communication invites members of Council to attend a Workshop on June 8th, 1986, to review housing initiatives announced by the Honourable Alvin Curling in December 1985. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the communication be referred to Staff for participation. Carried Unanimously- No, 184 - Minister Without Portfolio for Disabled Persons - Re: May is Family Month. The communication requests participation in Family Month, and comments on activities. It was pointed out that the month of May was almost expired. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously______L No. 185 - Robert B. Adams, and Petition From Residents - Re: Canadian Racing Plate. The communication refers to the loud and repetitive noise from the large drophammer In operation at the Canadian Racing Plant, and asks that the Honourable Jim Bradley, Minister of the Environment; the Honourable Vines Kettle, Minister of Natural Resources; and Mayor Smeaton "put an end to this problem as soon as possible". Alderman Baker declared a conflict of interest because Canadian Racing Plate is served by his company. Mr. Adame addressed Council regarding the length of time this problem has been affecting the neighbourhood, previous contacts with Council and the Ministry of the Environment, and requested that the situation he resolved, He referred to the Hearing scheduled for June 2nd, 1986 at the Niagara Falls Public LIbrary, to consider the situation. Mr. Adams referred to the noise problem causing a loss of potentiel tenants in his rental housing on Hamilton Street. The Chief Administrative Officer discussed his unsuccessful attempts to contact the Ministry of the Environment, and referred to 6 charges having been laid against the firm. The City Clerk referred to a call, earlier on this date, from Mr. Bud Bushy, Controller of Canadian Racing Plate, advising of the upcoming Hearing and requesting Council to take no action prior to the Hearing. In response to questions raised, the City Solicitor expressed the opinion that since Charges have been laid under the Environmental Protection Act, the City would not be involved; that lawyers for the Ministry of the Environment would have the right to call witnesses, and representatives of the City to put documents on record, but otherwise, the City would have no standing. ORDERED on the motion of Alderman Cummings, seconded by AIderman Coville, that the matter be referred to Staff to be observors at the Hearing. The motion Cartie__d with Alderman Baker abstaining from the vote on a conflict of interest previously recorded, and all others voting in favour. REPORTS No. 244 - Chief Administrative Officer - Re; Pool Chemicals. The report recommends that approval be given to place an order with Naltbu Pools Limited of Niagara Falls for the purchase of chlorine and other chemicals for the opera~ion of the swimming pools. The cost for this order is approximately $17,000.00 which has been Included in the 1986 Budgets. ORDERED on the motion of Alderman Pay, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously, -6- No. 245 - Chief Administrative Officer - Re: The Welland Canals Foundation Inc. Request. The report reconunends that Council request the minutes from The Welland Canals Foundation Inc., and further, that the City not become involved at this time. ORDERED on the motion of Alderman Pay, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 246 - Chief Administrative Officer - Re: Public Swimming - Y.M.C.A. The report provides background information regarding public swimming for the past month at the Y.M.C.A., and recommends that Council receive and file the information. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 247 - Chief Administrative Officer - Re: Pool Painting and Sandblasting- The report recommends that Area Property Maintenance be awarded the contract to sandblast and paint Prince Charles Swimming Pool, also to sandblast the adjoin- ing wading pool. The cost for this cottact is $13,000.00. ORDERED on the motion of Alderman Pay, seconded hy Alderman Cheesman, that the report be received and adopted. Carried Unanimously. No. 248 - Chief Administrative Officer - Re: Lighting Niagara Falls Arena. The report recommends that Council authorize the purchase of a "Wide-Light Signal Mate Dlm{ning System" for the Niagara Palls Memorial 'Arena from Nedco for a total price of $24,752.00 plux tax. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 249 - Chief Administrative Officer - Re: Universal Skate Sharpening Limited Agreement. The report recommends that the by-law on City Council's agenda authorizing that an agreement with Universal Skate Sharpening Limited be approved- ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See By-law No. 86-117. No. 250 - 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 Hlnsperger, that the report be received and adopted. Carried Unanimously. No. 251 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for April 1986. The report provides information regarding Permits Issued and Highlights for April, as well as May proposals. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay~..~hat the report be received and filed. Carried Unanimously. No. 252 - Chief Administrative Officer - Operation of Grow Rich, Garner Road. The report provides information regarding a Staff investigation concernir~ the storage of manure at the aforementioned location, and recommends that the infor- mation be received and filed. ORDERBD on the motion of Alderman Covllle, seconded by Alderman Htnsperger, that the report be received and adopted· Carried Unanimously. No. 253 - Chief Administrative Officer - Re: M~-86-16, Contract R.C. 6-86, 1986 Sidewalk Repairs. The report recommends that the unit prices submitted by the low tendeter, Alfidome Construction Limitads be accepted and that the by-law appearing on tonight's ageads be passed· ORDERED on the motion of Alderman C.-,mlngs, seconded by Alderman Hlnspergers that the report be received and adopted. Carried Unanimously. See Resolution No. 45. See B~-law No. 86=118. No, 254 -~b~,~r3i~i91r4?I1vzm,~'~4 --"~-1 %Tf=9~-~l_}2_rp.~.n.t for R~ilwsv Crossing Behind Foner ~ Clark Building. The report recomends that the b~law authorizi~ execution of a revised Agreement for ~;~:~' Crossing behind the foner Kimberly Clark ~ildinS ~ approved, , , . , 7 7 ORDERED on the motion of Alderman Cummings, seconded by Alderman Covlllem that the report be received and adopted. Carried Unanimously. See BX-law No. 86-115. No. 255 - Chief Administrative Officer - Re: MW-86-18, Pavement Management System for City Streets. The report recommends that Council approve the by-law appearing on this evenlng's agenda authorizing an Agreement with Infrastructure Management Services Ltd., to undertake the necessary testing required to provide the City with a Pavement Management System. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously__. See BX-law No. 86-110. No. 256 - Municipal Parking & Traffic Committee - Re: MW-86-19, Guide Signing - City of Niagara Falls. The report makes the following recommendations: 1) That the Regional Municipality of Niagara be requested to install oversized adoanted street identification signs at the thirteen (13) intersections listed on Schedule 'A' attached, at an estimated cost of $4,000.00. 2) That the Regional Municipality of Niagara be requested to review the Regional budget for the purpose of attempting to find funds to reimburse the City for the cost of these signs. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger~ that the report be received and adopted. Carried Unanimousl7· No. 257 - Chief Administrative Officer - Re: MW-86-20, Contract A.C. 7-86, 1986 Hot Mix Asphalt Overlays. The report recommends that the unit prices submitted by Steed & Evans Limited for Contract A.C. 7-86 be accepted by Council, and that the by-law appearing on tonight's agenda be passed, and that Harvard Avenue from Oxford Street to MeGill Street, and Stamford Street from Stanley Avenue westerly (past Tourist Information building) receive an asphalt overlay through the 1986 Asphalt Overlay Program. ORDERED on the motion of Alderman Chessman, seconded by Alderman Htnsperger, that the report be received and adopted. Carried Unanimously__=. See Resolution No. 46. See BT-law No. 86-119, Alderman C,,mmings retired from the meeting. No. 258 - Chief Administrative Officer - Re: MW-86-21, Easement Agreement for the Montrose Road Watermain from Thorold Stone Road to Scholfteld Road. The report recommends that Councll approve the terms proposed for the Easement Agreements as set in this report. ORDERED on the motion of Alderman Pay, seconded by Alderman Rinsperger, that the report be received and adopted· Carried Unanimously. See By-law .No. 86-114. No. 259 - Chief Administrative Officer - Re: M~-86-23, Contract D.C. 8-86, Tenders for Dust Control. The report recommends that the unit price received / from NorJohn Contracting Limited for supplying and applying emulsified asphalt primer to various rosa surfaces in the amount of $0.476 per litre, be accepted; and that the amount of $40,0OO.00 which is contained in the 1986 Operating Budget, not be exceeded. ORDERED on the motion of Alderman HinsperSers seconded by Alderman 'Chessman, that the report be received and adopted. Carried Unanimously.' Bee Resolution No. 47. Bee ST-law No. 86-120, No, 260 - Chief Administrative Officer - Re: Df~-86-24, Establishing of One-Foot Reserve to a Public Highway (St. Anthony Crescent)· The report recommends that the by-law appearing on tonight's ageads establishing Block 5 (one-foot reserve) as a Public Nighways be approved. -8- ORDERED on the motion of Alderman Pay, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. See By-law No. 86-122. No. 261 - Chief Administrative Officer - Re: Downtown Board of Management Reserve Fund. The report recommends that Council pass the by-law, appearing later on tonight's agenda, to establish a reserve on behalf of the Downtown Board of Management. ORDERED on the motion of Alderman Harrington, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. See By-law No.86-121. 1) 2) 3) report be received and adopted. No. 262 - Chief Administrative Officer - Re: Photocopier for City Clerk's Department. The report recommends that Council approve of the purchase of a Canon NP 7550 console model photocopier for the City Clerk's Department at a cost of $14,320.00 plus P.S.T. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. No. 263 - Chlef Administrative Officer - Re: 1986 Operating Budgets and Tax Rates. The report recommends that Council adopt 'the following by-laws appearing on this evening's agenda: A by-law to provide for the appropriations for the year 1986; A by-law to fix the rates of taxation for 1986 and to provide for the Levying of taxes; A by-law to provide for the collection of taxes for the year 1986. ORDERED on the motion of Alderman Baker, seconded by Alderman PayL that the Carried Unanimously. See By-law No. 86-108, · No. 86-109, and By-law No. 86-110. No. 264 - Chief Administrative Officer - Re: 1986 Water RateiBy-law. The report recommends that Council adopt the by-law appearing on this evening's agenda to set the water rates for 1986. ORDERED on the motion of Alderman Coville, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See By-law No. 86-111. No. 265 - Chief Administrative Officer - Re: Financing of Owners' Share of Local Improvements. The report recommends that the City finance the owners' share of completed Local Improvements in the amount of $31 s971.14 for a term of ten years at an interest rate of 9.75%. ORDERED on the motion of Alderman Chessman, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. Alderman Cummings returned to the meeting. No. 266 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $2,745,869.17 for the two week period ending May 26th, 1986, be approved by the passing of the by-law appearing later on the agenda. Aldermen Cheesman declared a conflict of interest on Cheque No. 16854 herauSe his wife is employed with the organization. Alderman Cummings declared a conflict of interest on Cheque Nos. 16598 and 16887, because a member of his family is involved in the program, Alderman Harrington declared a conflict-of interest on Cheque No. 16857 because he is employed by the Board, 9 Alderman Hinsperger declared a conflict of interest on Cheque Nos. 16582 and 16708 because he is employed with the company. Alderman Hopkins declared a conflict of interest on Cheque No. 16630 because he is involved; a conflict on Cheque No. 16734 because he is employed with the company; and on Cheque No. 16766 because a family member is employed with the organization. Additional information was provided on Cheque Nos. 16567, 16591, 16654, 16675, 16685, 16687, 16711, 16714, 16892, and 16940. ORDERED on the motion of Alderman Coyills, seconded by Alderman Chessman, that the report be received and adopted. The motion Carried with Aldermen Cheesman, Cummings, Harrtngton, Hinsperger, and Hopkins abstaining from the vote on conflicts of interest on Cheque Numbers recorded above; and all others voting in favour. No. 267 - Chief Administrative Officer - Re: AM-f1/85 - Restricted Area By-law No. 86-72, C. Baslle- The report recommends that Council reaffirm its approval of By-law No. 86-72 and direct the Clerk to forward the By-law along with the two letters of objection to the Ontario Municipal Board with the request for a public hearing. ORDERED on the motion of Alderman Baker, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No. 268 - Chief Administrative Officer - Re: Surplus Property Allanthus Avenue Park. The report recouunends that Block C. Registered Plan MS-2 he declared surplus to the City needs and the subject land be publicly advertised for sale. ORDERED on the motion of Alderman Coville, seconded by Alderman Hlnsperger, that the report be received and adopted. Carried Unanimously. No, 269 - Chief Administrative Officer - Re: Advertising the Sale of Surplus Municipal Lands. The report recommends that all surplus municipal lands being made available for sale be publicly advertised except where: 1) there are contrary statutory requirements or restrictive covenants; or 2) special circumstances, as determined by Council on a case by case basis, exist so as not to warrant public advertisement. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No. 270 - Chief Administrative Officer - Re: Extension of Offer to Purchase Municipally-Owned Lands - Buckley Avenue and Simcoe Street. The report recommends that Council authorize a one-year extension of the closing date contained in an Offer to Purchase City-owned property at the corner of Buckley Avenue and Stmcoe Street as received from the Stamford KIwanis Non-Profit Homes Inc. The Chief Administrative Officer recommended that the recommendation be amended to include the recommendation that the Offer to Purchase be increased by the rate of inflation from March 18, 1985, to the present time. Alderman Baker declared a conflict of interest because he is a member of the Stamford Kiwanis Club. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the amended report be received and adopted. The motion Carried with Alderman Baker abstaining from the vote on a conflict of interest previously recorded, and all others voting iu fayour. No. 271 - Chief Administrative Officer - Re: Stamford/Jack Bell Arena Refrigeration Control System. The report recommends that Council authorize Lewis Cimeo Ltd. to supply and install a complete refrigeration control system for Stamford/Jack Bell Arena for a price of $16j00.00. ORDERED on the motion of Alderman Cummingss seconded by Alderman Htnsperger, that the report be received and adopted. Carried Unanimous1F· - 10 - VERBAL REPORT - Chief Administrative Officer - Re: Holy Family Centre - Grant, The Chief Administrative Officer advised that a decision had been made in Committee of the Whole to recommend approval of a grant in the amount of $1,600.00 for the month of May, 1986, to the Holy Family Centre. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the grant of $1,600.O0 to the Holy Family Centre, for the month of May, 1986, be approved. The motion Carrie_____~dwlth the following vote: AYE: Aldermen Baker, Campbells Chessman, Cummings, HarrinStons Hlnsperger, Janvary, and Pay. NAYE: Aldermen Covilles Hopkins, and Puttick. RESOLUTIONS No. 45 - CUMMINGS - HINSPERGER - RESOLVED that the unit prices submitted by Alfidome Construction Limited, for Contract R.C. 60-86, 1986 Sidewalk Repairs, be accepted at the low tendered amount of $96.790.98; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 46 - CHEESMAN - HINSPERGER - RESOLVED that the unit prices submitted by Steed & Evans Limited for Contract A.C. 7-86, for 1986 Hot Mix Asphalt Overlays, be accepted at the low tendered amount of $183,202.98; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 47 - HINSPERGER - CHEESMAN - RESOLVED that the unit price submitted by Nor John Contracting Limited for supplying and applying emulsified asphalt primer to various road surfaces in the amount of $0.476 per litre, a total amount of $38,080.00, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAW~ ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that leave he granted to introduce the following by-laws, and the by-laws he read a first time: ~ No. 86-108 - A by-law to provide for the appropriations for the year 1986. No. 86-109 - A by-law to fix the rate of taxation for 1986 and to provide for the Levying of taxes. No. 86-110 - A by-law to provide for the collection of taxes for the year 1986. No. 86-111 - A By-law to amend My-law No. 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, No. 86-112 - A by-law to amend By-law No. 79-200, as amended. (AM-6/86, Crowes 6250 Ker Street). No. 86-113 - A by-law to amend By-law No. 79-200, as amended. (AM-8/86, Smith, 6381 Dunn Street), No. 86-114 - A by-law to authorize an agreement with J. William A. 8cholfield for the acquisition of an easement for a watermain. No. 86-115 - A by-law to authorize an agreement with Canadian Pacific Limited for a private crossing. No. 86-116 - A by-law to authorize the execution of anagreement with IMS Infrastructure Management Services Ltd. - 11 - No. 86-117 - A by-law to authorize the execution of an agreement with Universal Skate Sharpenors Limited. No. 86-118 - A by-law to authorize the execution of an agreement with Alfidome Construction Limited for 1986 sidewalk repairs, No. 86-119 - A by-law to authorize the execution of an agreement with Steed and Evans Limited for 1986 hot mix asphalt overlays. No. 86-120 - A by-law to authorize the execution of an agreement with NorJohn Limited for dust control on certain roads within the City of Niagara Falls. No. 86-121 - A by-law to establish a reserve fund on behalf of the Downtown Board of Management. No. 86-122 - A by-law to establish a one foot reserve as a public highway. No. 86-123 - A by-law to provide menlea for general purposes. The motion Carried with Aldermen Cheesman, Cummings, Herrington, Hinsperger, and Hopkins abstaining from the vote on By-law No. 86-123, on conflicts of interest previously recorded in Report No. 266; and all others voting in favour. ORDERED on the motion of Alderman Hlnsperger, seconded by Alderman Cummings, that the following by-laws be read a second and third time: No. 86-108 - A by-law to provide for the appropriations for the year 1986. No. 86-109 -- A by-law to fix the rate of taxation for 1986 and to provide for the Levying of taxes. No. 86-110 - A by-law to provide for the collection of taxes for the year 1986. No. 86-111 - A by-law to amend By-law No. 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. No. 86-112 - A by-law to amend By-law No. 79-200, as amended. (AM-6/86, Crows, 6250 Ker Street). No. 86-113 - A by-law to amend By-law No. 79-200, as amended. (AM-8/86, Smith, 6381Dunn Street). No. 86-114 - A hy-law to authorize an agreement with J. William A. Seholfield : for the acquisition of an easement for a watermain. No. 86-115 - A by-law to authorize an agreement with Canadian Pacific Limited for a private crossing. No. 86-116 - A by-law to authorize the execution of an agreement with 1MS Infrastructure Management Services Ltd. No. 86-117 - A by-law to authorize the execution of an agreement.with-Universal Skate Sharpenere Limited. No. 86-118 - A by-law to authorize the execution of an agreement with Alfidome Construction Limited for 1986 sidewalk repairs. No, 86-119 r A by-law to authorize the execution of an agreement with Steed and Evans Limited for 1986 hot mix asphalt overlays. No. 86-120 - A by-law to authorize the execution of an agreement with NorJohn Limited for dust control on certain roads within the City of Niagara Falls· · 0 · · 12 - 12 - No. 86-121 - A by-law to establish a reserve fund on behalf of the Downtown Board of Management. No. 86-122 - A by-law to establish a one foot reserve as a public highway. No. 86-123 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Chessman, Cummings, Harrington, Hlnsperger, and Hopkins abstaining from the vote on By-law No. 86-123, on conflicts of interest previously recorded; and all ethers voting in favour. NEW BUSINESS ITEMS OF CONCERN: Condition of let Park - Alderman Cummings referred to a newspaper item concerning the condition of Ker Park on Wednesday, May 21st, 1986, when the Men's Fastball and Minor Softball teams were playing. He referred to a report forwarded from the Recreation Department regarding improvements being made to the Park, as well as the wet weather conditions prior to the event. Mr. Art Ferguson, President, Men's Fastball League, advised that earlier notification might have allowed the event to be cancelled- He referred to the excellent facilities at Ker Park in the past. The Director of Parks & Recreation advised that Ker Park had been closed on Tuesday, and opened on Wednesday, May 21st, in response to a request from Minor Softball. He stated that the responsibility of a team playing, in conditions such as these, is with the Umpire. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the Director of Parks & Recreation meet with the Park users and others, to set up a policy regarding cancellation of park facilities dne to unfavourable weather conditions. Carried Unanimously. General Cosnell Procedures - Alderman Chessman referred to Alderman Htnsperger's communication to Council members regarding General Council Procedures; and discussed budget procedure. Me suggested that a meeting be held in mid-June for a discus~ton of items of concern. St. John's Columbarium- Alderman Chessman discussed the service performed by the Columbarium, and the long term benefits to the City of Niagara Falls. ORDERED on the motion of Alderman Chessman, seconded by Alderman Harrlngton, that the matter he referred to Municipal Works to investigate the impsot of the Columbarlum on the City, in terms of the cost factor over the next few years, and as an available facility for cost saving to the City. The motion Carried with the following vote: AYE: Aldermen Baker, Cheesman, Covtlle, Cummings, Herrington, Hinsperger, Hopkins, and Janvary. NAYE: Aldermen Campbell, Pay, and Puttick. 8umer Olympics 1996 - Alderman Pay referred to information that the City of Toronto, through private enterprise, is bidding for the Summer Olympic Games, 1996, and intends to use facilities outside the City of Toronto, i.e., London and Windsor. His Worship Mayor gmeaton offered to write the City of Toronto~ and contact the Niagara Parks Commission in regard to this matter. . ORDERED on the motion of Alderman Pay, seconded by Alderman Cheesmen, that a letter be forwarded to the City of Toronto from the office of Mayor Smeaton, suggesting that facilities in the City of Niagara be considered, Carried Unanimously. F - 13 - NESSAGE OF CONDOLENCE His Worship Mayor Smeaton announced that Mrs. Anna Marie Brackenridge, the mother-in-law of former Alderman, Robert Orr, and that a letter of condolence had been forwarded to the family from the Mayor's office. It was moved by Alderman Puttick, seconded by Alderman Campbell, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, CLERK S. SMEATON · IWEN'rY-SIXTH MEETING REGULAR MEETINC Council Chambers June 2, 1986 Council met on Monday, June 2nd, 1986 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 Cummings offered the Opening Prayer, ADOPTION OF MINUTES Aldermen Janvary, and Pay asked that the minutes of the meeting held May 26th, 1986 be amended to read under Niagara Falls Canada, Visitor & Convention Bureau, that they voted in favour of the motion to re-consider the Budget; Alderman Harrington pointed out that the motlon to grant $226,900.00 was Defeated and asked that the amendment be made; and Alderman Hopkins stated that under Communication No. 173, he did not wish to receive a copy of the minutes of the OWMC Steering Committee. ORDERED on the motion of Alderman Pay, seconded by Alderman Janvary, that the amended minutes of the meeting held May 26th, 1986, be adopted. Carried Unanimously. PROCLAMATION MR. PAUL BAILLIE, TOWN CRIER - "CENSUS DAY" Mr. Paul Balllie, Town Crier, read a proclamation that "Census Day in Canada was June 3rd, 1986. DEPUTATION MR. ED SHEPAR & ORGANIZATION OF CONCERNED CITIZENS Mr. Ed Sherat addressed Council on behalf of the Organization of Concerned Citizens. He advised that Messrs. Lou Saddler, Trustee, and Jack Saddler, Teacher, were in attendance. Mr. Sherat expressed concern with respect to the "lack of education autonomy and identity within the Niagara South Board of Education". He stated that serious problems were becoming more serious and evident across the Province, and no one was taking action to resolve them. Mr. Sherat asked that a letter be forwarded by Mayor Smeaton to the Honourable Scan Conway, Minister of Education, requesting him to meet with the trustees from the City of Niagara Falls, Mayor Smeaton and representatives of Council, and community representatives in order to resolve the dilemma. Aldermen Chessman, and Harrington, declared conflicts of interest because they are employed with the Board of Education. Mr. Jack Saddler advised that the Concerned Citizens want a procedure established to improve the proses8 of representation for this City. ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that a letter be forwarded from the Mayor'e office to the Monourable Seen Conway, Minister of Education, asking him to meet with the Trustees of the City of Niagara Falls, Mayor Smeaton, the Chief Administrative Offieer~ and community representatives, to consider setting up a procedure to provide for appealing decisions of the Board of Education, ff desired. The motion Carried with Aldermen Chessman, and Harrfngton, abstaining from the vote on conflicts of interest previously recordad~ and all others voting in fayour. ME. VENANZIO D'APRILE- EMPLOYMENT Communication No. 186 - Venanzio D'Aprile - Re: Employment. The communication discusses employment applications made to the City since 1983, without result. Mr, D'Aprlle reviewed his unsuccessful attempt8 to gain employment with the City during the past three years. His Worship Mayor Smeaton referred to a statement in the correspondence, and advised that a promise had been made to seek work for Mr. D'Aprile but that no promise of work had been made. He referred to the numerous citizens who had visited his office during the past two years seeking employment, and the attempts made to assist them. Mayor Smeaten stated that, to his knowlades, -2- there is no political interference in this Municipality with respect to influencing the hiring of an individual- The Personnel Director discussed the large number of applications submitted on an annual basis and the panel of three who considered 500 to 600 applications, of which 50 applicants best suited for the Sobs were interviewed, and 18 were hlred. He stated that there has never been a promise of employment. During the discussion that followed it was suggested that Mr. D'Aprile should contact the Unemployed Workers Coalition for assistance. COMMUNICATIONS No. 187 - Regional Niagara Public Works Department - Re: Water/Sewage Flows. The communication attaches Report DEP-2335, Water/Sewage Flows Monthly Report for April 1986. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the communication be received and filed. Carried Unanimonsly. No. 188 - Regional Niagara Office of the Clerk - Re: Sign By-law Revision, Electronic Message Boards. The communication approves the draft amendments to the Sign By-law. ORDERED on the motion of Alderman Harrington, seconded by Alderman Hinsperger, that the communication be received and filed.. Carried Unanimously- No. 189 - Stamford Centre Volunteer Firemen's Association - Re: Annual Carnival. The communication asks the permission of Council to operate the Association's Annual Carnival on June llth, to 14th, 1986, and 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 Association. ORDERED on the motion of Alderman Htnsperger, seconded by Alderman January, that the request be approved subject to the provision of adequate insurance coverage. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded,. and all others voting in favour. No. 190 - Tony Vacca & Petition from Interested Citizens - Re: Flood Lights and Washrooms for Bocci Courts. The communication attaches a petition requesting reconstderation of flood lighting and washrooms for the Bocct Ball Courts at Weaver Park. ORDERED on the motion of Alderman Pay, seconded by Alderman Baker, that the communication be referred to the Recreation Department for consideration. Carried Unanimously. No. 191 - K. Wendy Pallow, T.S.& V. Kennels - Re: Canine Vision Canada*s Walk- A-Dog-A-Then. The communication seeks permission to hold the event, and requests that the week of October 6th, 1986, be proclaimed "Walk-A-Dog-A-Then Week". ORDERED on the motion of Alderman Cummings, seconded by Alderman Hiueperg~r, that the proclamation be approved subject to eatablished policy. Carried Unanimously. No. 192A - Canada Employment Centre for Students - Re: "Hire A Student Week". The communication asks Cuancil to proclaim the week of June 16th to 23rd, 19~6, as "Hire A Student Week". ORDERED on the motlon of Alderman Pay, seconded hy Alderman Cummings, that the request be approved subject to established policy. Carried Unanimously. No. 1923 - Canada Employment Ceutre for Students - Re| "Mire A Student" Flag. The communication requests the approval of Council to fly the aforementioned Flag at City Hall during "Hire A Student Week". ORDERED on the motion of Alderman Cheesmans seconded by Alderman Hiuspergers that ~he request be approved. Carried Unanimously. No. 193 - Mr. & Mrs. George Starre - Re~ 3329 Sinnicks Avenue, M.'Marcinknwekt. The communication expresses concer~ regarding the rental of an apartment, and auto body work being done in the driveway, st the above mentioned address. During the discussion, Mayer 8meaton etated that the matter had been referred to gtaff about four weeks ago, and the Director of Buildings & Inspections advised that the complaint had been withdrawn earlier today, , . . . 3 ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the matter be tabled for a clarification report. Carried Unanimously. No. 194 - Minister of Housing - Re: Low Rise Rehabilitation Program. The communication advises that the proposal, from the City of Niagara Falls, for allocation under the aforementioned Program has been approved, and further, that an informational session has been scheduled for May 30, 1986 at the Royal York Hotel in Toronto. It was pointed out that the date had been changed to June lOth, 1986. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the communication be received, and further that a member of Staff be present at the scheduled informational session. Carried Unanimously. No. 195 - Ministry of the Environment - Re: 1984 Niagara Region Air Quality Report. The communication attaches a copy of the aforementioned report. During the discussion an enquiry was made regarding air dispersion at the Norton Company. His Worship Mayor Smeaton advised that he would contact the Ministry regarding this matter. ORDERED on the motion of Alderman Covllle, seconded by Alderman Pay, that the communication be referred to the Environmental Committee for informational purposes. Carried Unanimously. No. 196 - Margaret Matthews & Dabble Miller - Re: Clancy's Too & Ashflash Mixed SIn-PItch Tournament. The communication requests a Special Occasion Permit for the Tournament to be held July 26 and 27, 1986, at Lions Field, Chippawa. ORDERED on the motion of Alderman Pay, seconded by Alderman Hlnsperger, that the request of Clancy's Too and Ashflash for a special occasion permit for their Mixed Sin-Pitch Tournament to be held on July 26th, and 27th, 1986, at Lions Field, Chtppawa, 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. REPORTS No. 272 - Chief Administrative Offleer - Re: Rent Controls. The report provides information regarding the History of Rent Regulation in Ontario, Rent Control and Its Effect on the Rental Market (Supply and Demand), Niagara Falls Market Place, and Municipal Housing Statement, and recommends that the report be received and filed. During the discussion, Staff was compllmented on the preparation of the report. ORDERED on the motion of Alderman Covtlle, seconded by Alderman err, that the repo~t be received and adopted. Carried Unanimously. No. 273 - Chief Admlnistratlve Offlcer - Re: Hotel Study, Interim Guidelines. The report recommends that in view of the recommendations made in the Lanmer Fence Study for the accommodation sector, and the growing trend towards high rise hotel development, the interim guidelines contained in the report are recommended by the Planning Department, in order to guide the development of new high rise hotel accommodations in the City until such time as appropriate Official Plan policies are formally adopted by Council. The Planning Director, and the Senior Planner, submitted an overview and explanation of the report, with the assistance of a slide presentation. The Planning Director responded to questions raised regarding applications to build in specific areas, provided an interpretation of the statements regarding the Lanmer Fence study, and advised that these are guidelines only. During the discussion it was suggested that the Provincial Government should be approached regarding room tax, as well as funding and subsidies to offset costs. ORDERED on the motion of Alderman Chessman, seconded by Alderman ~ay, that the report be received and adopted. Carried Unanimously. No. 274 - Chief Administrative Officer - Re: Commercial/Office Opportunities Study for Niagara Falls, Terms of Reference (PD/55/86). The report makes the following recommendations: 1) 2) That the Terms of Reference appended hereto for a Commercial/Office Opportunities Study for NIagara Falls be adopted; That Staff be directed to proceed with obtaining "expressions of interest" from consulting firms, . . . . 4 .-4- 3) That the Resolution listed on the agenda requesting 50% funding for the undertaking of the Study from the Ministry of Municipal Affairs he adopted; 4) That the Council of the Regional Municipality of Niagara be requested to support the Municipality's Community Planning Grant Application; 5) That the Ministry of Municipal Affairs be advised accordingly. During the discussion, it was suggested that there should be no restriction of areas regarding the building of offices, and that each area should "stand on its own". ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. See Resolntion No. 48. No. 275 - Chief Administrative Officer - Re: Security System Stamford/Jack Bell Arena. The report recommends that Staff be authorized to hire Dumont Enter- prises Ltd. to install a security system at the Stamford/Jack Bell Arena for a cost of $3,521.88. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No. 276 - Chief Administrative Officer - Re: Niagara Falls Memorial Arena Concert Dates. The report provides information regarding Concert Dates requested by Rock N' In The Falls Incorporated in conjunction with Carling O'Keefe Breweries, Niagara Falls Optimist Club's Old Vienna SIc-Pitch Tournament, and the Niagara Falls Visitor and Coventlon Bureau] and recommends that Council recelve and file the information- ORDERED on the motion of Alderman Covtlle, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No. 277 - Chief Administrative Officer - Re: Site Plan Approval, Proposed 15 Unit Apartment Building, Portage Road and Valleyway (N/E corner). The report recommends that the Council approve the site plans on display at tonfgbt's meeting, being a proposed apartment building, and the site plan being drawing number I dated April 22nd, 1986, and the site servicing plan being drawing number 1A dated April 22nd, 1986 and both filed with the Buildings and Inspec- tions Department of the City of Niagara Falls on May 15tb, 1986, and that such approval be subject to the conditions outlined in the ~eport. ORDERED on the motion of Alderman Chessman, seconded by Alderman Pay, that the report he received and adopted. Carried Unanimously. No. 278 - Municipal Works Committee - Re: MW-86-10, Residential Garbage Routing Study. The report recommends that authorization be granted to engage the Proctor and Redfern Oreup for a heuristic routing study of our residential garbage collection. ORDERED on the motion of Alderman Hlnsperger, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. No. 279 - Chief Administrative Officer - Re: MW-86-25, Contract S.T. 10-86, Surface Treatment of Roads. The report recommends that the unit prices submitted by NorJohn Contracting Ltd. for the above contract, be accepted and that the by-law appearing on tonlght~s Council agenda be passed. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See By-law No. 86-124. No. 280 - Chief Administrative Officer - Re: MW-86-27, 1986 Tender for Broad Leaf Weed Control in Parks and Cul-de-Sacs; and Grub Control on Cul-de-Sacs. The report recommends that authorization be granted to execute the contract with Bobby Lawn Spray for the above contract on the basis of provision of a Liability Insurance Certificate only. Mr. John Langendoen, Bobby Lawn Spray addresssad Council, expressing surprise that there had been a problem with the insurance, The ~irector of Municipal Works advised that the ~lnistry of Consumer & Commercial Relations is working with the Insurance industry to provide formal documentation, He ~urther advised that as of this date the successful tendeter has insurance coverage, and the documentation required, , , · , 5 -5 - Mr. Tom Stokoe, The Weed Man, discussed the length of time that has elapsed since awarding the tender; the environmental clause which is now required to validate the licehoe, and which is not included by most insurance companies. Following further discussion regarding the insurance requirements, it was moved by Alderman Janvary, seconded by Alderman Cbeesman, that the report be received and adopted. Carried Unanimously. See Resolution No. 49. No. 281 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts iotafling $2,129,677.O7 for the one week period ending 3une 2nd, 1986, be approved by the passing of the by-law appearing later on the agenda. Alderman Campbell declared a conflict of interest on Cheque No. 17066 because the organization is a client. Alderman Cheesman declared a conflict of interest on Cheque No. 17015 because his wife is employed with the organization. Alderman Hinsperger declared a conflict of interest on Cheque No. 16990 because he is employed by the company. Additional information was provided on Cheque Nos. 16992, 17030, and 17040. ORDERED on the motion of Alderman Coyills, seconded by Alderman Pay, that the report be received and adopted. The motion Carried with Aldermen Campbell, Chessman, and Hinsperger abstaining from the vote on Cheque Nos. 17066, 17015, and 16990 consecutively, on conflicts of interest previously recorded; Alderman Chessman voting contrary on Cheque No. 17066; Alderman Orr voting contrary on Cheque Nos. 16988, and 17066; and all others voting in favour. RESOLUTONS No. 48 - CHEESM_AN - COVILLE - RESOLVED that whereas notification has been received from the Ministry of Municipal Affairs regarding the Community Planning Grant Program] AND WHEREAS the Municipality is desirous of participating in said program for the purpose'of undertaking a land use planning study; BE IT RESOLVED that the City of Niagara Falls submit an application to the Ministry of Municipal Affairs for the approval of Terms of Reference entitled "Commercial/Office Opportunities Study for Niagara Falls", and the retention of a qualified consulting firm to assist the Municipality in the Study to an estimated cost of $30,O00.00 with the Provincial Government to pay 50% of the cost and the City to pay 50% of the cost; AND the Seal of the Corporation be heroic affixed. Carried Unanimously. No. 49 - JANVARY - CHEESMAN - RESOLVED that the unit prices submitted by Bobby Lawn Spray, for the contract for 1986 broad leaf weed control in Parks and Cul-de-Sacs; and grub control on Cul-de-Sacs, be accepted at the low tendered amount of $13,175.00; AND the Seal of the Corporation be hereto affixed. Cartled Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 86-124 - A by-law to authorize the execution of an agreement with NorJohn Limited for surface treatment of roads. No. 86-125 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell, Cheesman, and Mlnsperger, abstaining from the vote on conflicts of interest on By-law No. 86-125, as previously recorded in report No. 281] Aldermen Chessman and 0rr voting contrary on By-law No. 86-125 as previously recorded in Report No. 2811 and all others voting in fayour, .. - 6 - ORDERED on the motion of Alderman Cum~ings, seconded by Alderman Hinsperger, that the following by-laws be read a second and third tlme: No. 86-124 - A by-law to authorize the execution of an agreement with NorJohn Limited for surface treatment of roads. No. 86-125 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell, Cheesman, and Hinsperger, abstaining from the vote on conflicts of interest on By-law No, 86-125, as previously recorded; Aldermen Cheesman and err voting contrary on By-law No. 86-125 as previously recorded; and all others voting in favour. NEW BUSINESS ONTARIO ASSOCIATION OF FIRE CHIEFS Alderman Cheesman referred to the Information to Council communication from the Ontario Association of Fire Chiefs, advising that Fire Chief Dave Kemp was elected 1st Vice President of the Association- ORDERED on the motion of Alderman Cheesman, seconded by Alderman Coville, that a letter of congratulations be forwarded to Chief Kemp from Mayor Smeaton's office- Carried Unanimously. ITEMS OF CONCERN: Chemical Clean-~p - Alderman Cummings discussed recent radio publicity regarding Clean-up Campaigns in other Municipalities who have a drop-off point for paint and chemicals. He stated that the activity had been tested in this area at one time, and wondered if it should be reinstituted. Alderman Cummings requested that Staff investigate the matter for future action. Alderman Pay advised that two companies in the area now deal with the disposal of chemicals, and expressed reluctance to have the City become involved in the disposal of "chemicals of any kind". Freecede fromLotteries - ~ Alderman Cummings discussed proposed changes by the Provincial Legislature, whereby the proceeds from Provincial lotteries may be directed towards hospitals and cancer research. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the matter be referred to the Recreation Commission, and Staff for comments re- garding the continuation of funds from the lotteries being directed to recreat- ional projects. The motion Carried with Alderman Hopkins voting c~p~ary, and all others in favour. Fatschute Jump from Skyion Toeer - Alderman Cummings expressed concern regarding the lack of action taken by the Police Department following their investigation into a recent Jump from the Skylon Tower by a man using a parachute. He expressed further concern that this action might be repeated by others. As requested, Mayor gmeaton advised that he would contact the Police Department regarding this matter. Council & City Drags Code - Alderman Cummings referred to comments received from Staff regarding a more relaxed dress protocol during the summer months for Members of Council and Staff. Mayor Smeaton advised that the procedural by-law prescribes the proper wearing apparel, discussed his personal preference for Officials and Senior Staff, and referred to the standards followed by the majority of the communities. He stated that there appeared to be no problems in this regard, Weeds/Q.S,W. & Stanley Avenue - Alderman Cummings referred to the growth of weeds at the corner of the Q.E.W. end Stanley Avenue~ the adverse a~fect on visitors to the City, and requested action to resolve the problem. Mayer Smeaton advised that the matter would be brought to the attention of the M.T.C. It was pointed out that if apprised of the p~oblQm, Staff would take appropriate action. . . , ,7 Litter/Oneida Lane - Alderman Hopkins expressed concern regarding garbage and rubbish littering Oneida Lane during the past week-end. Mayor Smeaton advised that the matter would be taken care of. ITEMS OF INTEREST Recreation Department/Tour of Parks - Alderman Janvary referred to the informative tour of the Parks held last week, which was sponsored by the Recreation Department. May 1986/Pitch-In C~mpaigm- Alderman Janvary commended the Director of Buildings & Inspections, and his Committee, as well as all citizens who participated in the month of May Pitch-In Campaign to clean up the City of Niagara Falls. Light Up The Night/Fireworks - Alderman Janvary expressed appreciation to all who assisted in the Fireworks display at Marineland last Saturday, May 31st, 1986, and particularly to the Deputy City Clerk and her Committee. It was moved by Alderman Puttick, seconded by Alderman Baker, that the meeting adjourn. Carried Unanimously. RE~ A~ ~OPTED, / S. SMEATON TWENTY-SEVENTH MEETING COMMITTEE OF THE WHOLE Committee Room ~;1 June 9, 1986 Councll met on Monday, June 9th, 1986, at 6:45 p.m. in Connnittee of the Whole. All members of Council, with the exception of Alderman Campbell, were present. Alderman Coville presided as Chairman. Following consideration of the arose to report in open Council. the Committee of the Whole READ AND ADOPTED, MEETING Council Chambers June 9, 1986 Council met on Monday, June 9th, 1986, at 7:30 p.m. for the purpose of considering Planning Matters and regular business. All members of Council, with the exception of Alderman Campbell, were present, His Worship Mayor Smeaton presided as Chairman. Alderman Hinsperger offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motlon of Alderman Cummings, seconded by Alderman Hinsperger, that the minutes of the meeting held June 2nd, 1986, be adopted as printed. Carried Unanimously. REPORTS - PLANNING MATTERS Report No. 282 - (PD/58/86) - Chief Administrative Officer - Re: Zoning Amendment Application AM-10/86 - 594480 Ontario Inc., B.'~erro, 5815 Victoria Avenue. The report recommends that Council not support the subject application. - AND - Communication No. 197 - Dante F. Marineill, Solicitor - Re: Zoning Amendment Application No. AM-lO/86, 594480 Ontario Inc., 5815 Victoria Avenue. The com- munication advises that several property owners in the vicinity of the subject lands have retained Mr. Marineill to make representation to Council.. His Worship Mayor Smeaton declared the Public Meeting open, and requested the Clerk to explain details of the proposed application. The City Clerk advised that the proposal is to'amend Zoning By-law No. 79-200 (as amended), to permit construction of a 9 storey, 88 unit hotel complex with a 110 seat restaurant. He stated that Notices of the Public Meeting were mailed to interested residents on May 8th, 1986. In response to Mayor Smeatonts query, Mr. A.A. MacBain, Solicitor, indicated his attendance on behalf of the applicant; and Mr. Dante Marineilia Solicitor, indicated his presence on behalf of persons opposed ~o the application. Mayor Smeaton reviewed the procedure under the Planning Act 1983, and asked that persons dealtin8 further notice of the passage of a by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Planning Director discussed the subject property with the assistance of posted sketches. He explained the concerns of the Planning Department in terms of the subject location not being conducive to a high-rise hotel development of the proposed intensity; and discussed information contained in the Technical Reports i.e.s the Official Plan, Surrounding Lend Use, Comments from Public Notification and Planning Review. The Planning Director referred to the Lanmer Fenco Study, , . , · 2 -Z- the Hotel Study recently adopted by Council, Building Setbacks, and suggested Landscaping standards. He responded to questions raised regarding the number of hotels in the "main corridor", hotel guidelines adopted by Council, adjacent buildings, and "intended density". Mr. MarineIll reviewed the concerns of his clients in terms of the the size of the proposed development and its impact on surrounding lands. He stated that the "development is too large for the lands in question". Mr, MarineIll further stated that if there ls no setback on the south side of the development, the neighboers to the south side would have to provide a setback for these lands as well as their own. Mr. MacBain, acting on behalf of the applicant, Bruno Ferro, discussed the negatlve impact of the Planning report, and a decision being made on "proposed guidelines". ~e stated that he was not in favour of "retroactivity" in ,.legiSlOtion. Mr. MacBale advised that in order to use this parcel, his client must hq.~!d a~9~torey hotel. Mayor Smeaton pointed out that the proposed guide- lines were ado t d Counci last week. p e y Following further discussion, His Worship Mayor Smeaton deciared the Public Meeting closed- ORDERED on the motion of Alderman Harrington, seconded by Alderman Hopkins, that the communication be received and filed; and the report be received and adopted, and the application denied. The motion Carried with the following vote: AYE: Aldermen Baker, Chessman, Covllle, Cummings, Harrington, Rlnsperger, Hopkins, Janvary, Orr, and Pay. NAYE: Alderman Puttick. Report No. 283 - (PD/59/86) - Chief Administrative Officer - Re: Proposed Official Plan Amendment No. 154, and Zoning By-law Amendment, AM-14/86, River Realty, Stanley Avenue. The report recommends the following: 1) 2) That Council support the proposed amendment to the Official Plan and Zoning By-law as detailed in the Planning Report, PD/54/86; 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 applicant and the Regional Municipality of Niagara be advised accordingly. His Worship Mayor Smeaton declared the Public Meeting open and explained the procedure under the Planning Act, 1983. The City Clerk stated that the application to amend the Official Plan and Zoning By-law proposes to recognize the existing 2,235 sq. metre (24,000 sq. ft.) Stanley Avenue Plaza. He further stated that the Notices of the Public meeting were forwarded by first class mail on May 8th, 1986, and an advertise- ment was published in the Niagara Falls Review concerning the Official Plan Amendment, on May 9th, 1986. Alderman Cummings declared a conflict of interest because his family owns a property in the vicinity of the subject lands, His Worship Mayor Smeaton received a negative response to his request for'a show of hands from persons present in fayour of, or against~ the application. He requested any persons wishing to receive further notice of the passage of the by-law to submit their names and addresses to the Clerk prior to leaving the meeting. The Planning Director explained the details of the proposal with the assistance of posted sketches; reviewed information contained in the Technical Report in terms of the Official Plan Amendment~ Zoning By-law Amendment~ Surrounding Land Use, Co~waents from the Public Notification Process, Planning Review, and Market Feasibility Study, Mr. 5. A. Branscombe, Applicsnt, discussed the initial application of River Realty for a building permit Just prior to By-law No. 79-200 being adopted; referred to contacts with the Building Department regarding intended uses~ and the Planning Dtrector's suggestion that a feasibility stady be completed. He referred to the recommendations in the study, and expressed agreement with them. Mr. Branscombe replied to questions raised with respect to commercial development change, office facilities, and anticipated expansion. He advised that Mr. Bob O'Dell, Solicitor, was in attendance to reply to questions. His Worship Mayor Smeaton 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. Report No. 284 - (PD/56/86) - Chief Administrative Officer - Re: Zoning Amendment Application AM-15/86, Zap Inc., Oakes Drive. Th"'e report recommends the following: 1) That Council support the proposed amendment to Zoning By-law 79-200, permitting an hotel building with a height limitation of 18 storeys (53m); 2) That the Applicant provide the necessary land dedications for the daylighting triangles; 3) That Council direct Staff to prepare an appropriate Zoning By-law Amendment which reflects the application submitted, and the detailed consideration contained in the Technical Report; 4) That the Applicant and the Regional Municipality of Niagara be advised accordingly. His Worship Mayor Smeaton declared the Public Meeting open, and reviewed the procedure under the Planning Act, 1983. The City Clerk advised that the proposed application is intended to amend Zoning By-law No. 79-200 to permit the development of an lg storey, 216 unit hotel. He stated the the Notices of the Public Meeting were forwarded by first class mail on May 8th, 1986. In response to a query from Mayor Smeaton, Mr. Tony Zappitelli, Applicant, and Mr. Gunther Sommerfeldt, Architect, indicated their attendance. Mayor Smeaton received a positive response to his request for a show of hands to indicate the presence of persons in favour of, or opposed to the application. He asked that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Planning Director explained the purpose and reason for the proposed amendment, and the subject lands with the assistance of posted sketches. He discussed information contained in the Technical Report in terms of Property Description, Development Proposal, Zoning By-law Amendment, Official Plan, Surrounding Land Use, Comments from the Public Notification Process, Planning Review, Lanmer Fenco Study, and Hotel Study, Sister Carmen Diston, on behalf of Loretto Academy, expressed concern regarding the height of the hotel, and the possibility of a noise problem, as well as well as concern with respect to anticipated entertainment and attractions. Mr. Gunther Sommerfeldt~ Architect, working with Steelcon Engineering Consultants, discussed the surrounding land uses, and advised that there would not he a noise problem. He stated that the proposal was for a "luxury hotel enclosed by rooms on all four sides" with Just a swimming pool and parking in the outdoor area. In response to questions raised, Mr. Zappitelli advised that construction would begin in the spring of 1987, or earlier. · Since there were no further comments, His Worship Mayor Sineaton declared the Public Meeting closed. 0RD~RED on the motiou of Alderman Cummings, seconded by Alderman tlineperger, that the report be tensired and adopted. Carried Unanimously. -4- Report No. 285 - (PD/57/86) - Chief Administrative Officer - Re: Zoning Amendment Application AM-16/86, 189900 Ontario Ltd. (Betty's Restaurant). 8911 Sodom Road. The report recomends the following: 1) That Council support the proposed Zoning By-law Amendment as detailed in PD/51/86); 2) That Staff be directed to prepare the necessary Zoning By-law Amendment for enactment at a subsequent Council meeting; 3) That site plan improvements (i.e., adequate buffering noted in PD/51/86) be addressed prior to site plan approval; 4) That the Applicant and the Regional Municipality of Niagara be advised accordingly. His Worship Mayor Smeaton declared the Public Meeting open, and explained the procedure under the Planning Act, 1983. The City Clerk stated that the proposal is to amend the zoning of the subject site from Rural to Highway Commercial limiting the use of the lands for parking purposes only, and further, that the additional parking will be directly associated with the existing restaurant- He advised that the added parking will also permit a buiIdtng addition to the existing restaurant on the lands currently zoned Highway Commercial. The Clerk stated that the Notices of the Public Meeting had been forwarded to interested persons on May 8th, 1986. HI8 Worship Mayor Smeaton received a negative reponse to a request for a show of hands from persons for or against the proposal, He received indication that the Applicant or Agent was in attendance, and asked that all 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 of the proposed by-law amendment, with the assistance of posted sketches. He reviewed information included in the Technical Report in terms of the Property Description, Development Proposal, Zoning By-law amendment, Official Plan, Secondary Plan, Surrounding Land Use, Comments from the Public Notification Process, and Planning Review. Mayor Smeaton received no response to a request for comments from persons in support of, or opposed to the by-law. Mr. P.D. Sullivan, Solicitor, demonstrated the proposal with the assistance of sketches, discussed the advantages of additional space, and exterior as well as interior design of the restaurant. He replied to questions raised regarding drainage from the parking lot. The Planning Director reviewed an Engineering report regarding identification of storm sewers, and drainage, and advised that these details will be considered further in the approval of the Site Plan. There was further discussion respecting drainage, in relation to a proposed subdivision to the west which was previously tabled by Councll. His Worship Mayor Smeaton declared the Public Meeting Closed. ORDERED on the motion of Alderman Hlnsperger, seconded by Aldermen report be received and adopted. Carried Unanimously. that'the Report No. 286 - Chief Administrative Officer - Re: Proposed Plan of Subdivision, "Ascot Woods (Extn. 2) Subdivision", File No. 26T-86015. Owner: G. Schneider et el. The report recommends that the City Clerk be authorized to process the application for the "Ascot Woods (Extn. 2) Subdivision" and that a report be prepared for Council~s further consideration of this plan based on technical information received, public input~ etc. The Clerk requested that this matter be rescheduled to June 23, 1986. ORDERED on the motion of Alderman Coyills, seconded by Alderman Cummings~ that the report be referred to the Council meeting scheduled for June 23rd, 1986, Carried Unanimously. -5- Report No. 287 - Chief Administrative Officer - Re: Proposed Plan of Subdivision, "King's View Estates Subdivision", File No. 26T-86012, J.B. Kendall Homes Ltd. The report recommends that the City Clerk be authorized to process the application for the "King's View Estates Subdivision" and that a report be prepared for Countills further consideration of this plan based on technical information received, public input, etc. Alderman Puttick stated that he would not declare a conflict although he is employed within 400' of the subject lands. The City Clerk advised that 2 advertisements had been published in the local newspaper Inviting the presence of local residents at the meeting. He stated that Mr. Kendall was in attendance. Mr. A. Cameron, Matthews & Cameron, O.L.S., advised that the report was "basically the re-submission of a draft plan approved" previously. He reviewed the proposal, and responded to questions raised regarding access to the proposed subdivision. Mrs. Lynne Savage, 7340 Fern Avenue, expressed a number of concerns respect- ing the proposal. The Director of Engineering, and Planning Director responded to questions raised with respect to rear yard drainage problems, lot sizes, and col-de-sacs. During the discussion, concern was expressed that interested residents should be notified of the scheduled date for re-consideration of the matter at a Council meeting. The Clerk advised that the matter would be scheduled for June 23rd, 1986 ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report he received, and the matter referred to Staff to proceed. Carried Unanimously. UNFINISHED BUSINESS DEPUTATION MR. MARIO RICCI, 6987 VENUS CRESCENT - FENCE Mr. Marlo Ricci submitted a written presentation, and a petition signed by 31 neighhours, requesting that By-law No. 77-75 be amended to allow the construction of a 6' fence along his side yard facing Sunhaven Drive. He explained the detalls concerning this matter, and distributed a poster with snapshots of the subject property. He reviewed, in detail, the contents of the fence by-law, the affect of the fence in terms of vehicular traffic approaching the corner of Venus Crescent and Sunhaven Drlve, and actions he had taken to resolve his problem. The Director of Buildings & Inspections responded to questions raised regarding the fence by-law, and reviewed past contacts with Mr. Riect. He stated thet the requested exception to the by-law "would be a disaster", in terms of the rest of the City. In reply to questions raised, the Director advised that the records Indicate Mr. Rtcct was aware of the fence restrictions before he commenced construction of the fence. Mrs. Murfel Sokach, 7062 Venus Crescent, expressed opposition to the height of the fence~ referred to lack of sidewalks on the Crescent, and the number of young children in the area. Following further discussion, it was moved by Alderman Puttick, seconded by Alderman Cummings that the matter ba referred to Staff for purpose of e review of By-law No. 77-75. The motion was persated with the following vote: AYE: Aldermen Chessman, Cumz~tngs, Hinsperger, Janvary, and Puttick, NAYE~,. Aldermen B~ker, Cov!lle, Herrington, Hopkins, Orr, and Pay. UNFINISHED BUSINESS GREEN OAKS MOBILE HOMES - REPORT OF CHIEF ADMINISTRATIVE OFFICER Report No. 288 - Chief Administrative Officer - Re': Submission of Green Oaks Mobile Homes Ltd, The report recommends that the submission of Mr. Malcolm Olbson~ President of Green Oaks Mobile Homes Ltd. be received and flle~... · 6 -6- Mr. Malcolm Gibson was in attendance and received a copy of the report. ORDERED on the motion of Alderman Cuu~ings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. COMMUNICATIONS No. 198 - Regional Niagara Planning & Development Department - Re: OWMC. The communication advises that a public forum, in connection with the OWMC, has been scheduled for June lath, 1986, at Prudhomme's in Vineland. Alderman Coville advised that the Environmental Committee had dealt with the matter. ORDERED on the motion of Alderman Chessman, seconded By Alderman Cummings, that the communication be referred to the Environmental Committee. Carried Unanimously- No. 199 - The Optimist Club - Re: Slo-Pitch Tournament. The communication requests a Special Occasion Permit for the Slo-Pltch Tournament scheduled for August let to 4th, and September 4th to 7th, and llth to 14th, 1986, at Palmar Park. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the request of The Optimist Club for a special occasion permit for its Slo-Pitch Tournmant to be held on August 1st, 2nd, 3rd, and 4th; and September 4th, 5th, 6th, and 7th; and llth, 12th, 13th, and 14th, 1986, at Palmer 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. 200 - Niagara Falls Jr. B Canucks - Re: Invitational Slo-Pitch Tournament. The communication requests a Special Occasion Permit for an Invitational Slo- Pitch Tournament scheduled for June 20, 21, and 22, 1986, at the Niagara Sports Complex (Cupolo Park), Niagara Falls. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the request of the Niagara Falls Jr. B Canucks, for a special occasion permlt for their Invitational Slo-Pitch Tournament to be held on June 20th, 21st, and 22nd, 1986, at the Niagara Sports Complex, Cupolo Park, Niagara Palls, be granted subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Niagara District Health Unit, and tbe Liquor Licensing Board of Ontario. Carried Unanimously. No. 201 - Club Italic - Re: Outdoor Picnic. The communication requests a Special Occasion Permit for the Club~s outdoor picnic on July 13, 1986. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the request of Club Italic, for a special occasion permit for its outdoor picnic, to be held on July 13th, 1986, at Club Italic, Kalar Road, Niagara Falls, 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. 202 - Corporation of the Town of Wallaceburg - Re: "Extra/Balance Billing". The communication requests support of a resolution to the Federal and Provincial Governments, and the Ontario Medical Association, regarding "extra-billing" or "balance-billing". ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. REPORTS No. 289 - Chief Administrative Officer - Re: Site Plan Approval, Proposed 25 Unit Building, McLeod Road (North Side, West of Alex Drivs). The report recommends that the Council approve the cite plan on display at tonightts meeting, being a proposed apartment building, and the site plan being drawing number 1 dated May 1986g and filed with the Buildings and Inspections Department of the City of Niagara Falls on June 6, 1986, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Pay, seconded by Alderman Baker, that the report be received and adopted, Carried Unanimously. No, 290 - Chief Administrative Officer - Re~ Site Plan Approval+ Proposed 58 Unit Apartment Buildinga~ Moatrose Road/Watson Street (n/w corner). The report recom~aends that the Council approve the Site plan on display at tonlSht~s meeting, being a proposed apartment building, and the site plan being drawing number A-1 dated February 21st, 1986, as revised and the site plan mechanical being drawing number M-1 dated June 1986 and both filed with the Buildings and Inspections Department of the City of Niagara Falls on June 6th, 1986, and that such approval be subject to the conditions outlined in the report. Alderman Puttick requested that the weeds on the property be cut. ORDERED on the motion of Alderman Coville, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously_L. No. 291 - Municipal Parking & Traffic Committee - Re: ~-86-30, Committee Reports: 1) Parking on First Avenue - It is recommended: (a) That a "No Parking" zone be established on the west side of First Avenue between the hours of 8:00 a.m. to 5:00 p.m. from a point 168 feet north of the intersection of Morrison Street and First Avenue to a point 222 feet north of this intersection; (b) That the appropriate by-law be amended to cover the above mentioned recommendation. It was pointed out that some residents had expressed concern regarding the matter, and had been advised that they would be informed of the scheduled date that this item would be considered by Council. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings that the matter be tabled to June 23, 1986. Carried Unanimously. 2) Parking on Main Street - It is recommended: (a) that a 20-minute parking meter zone be established on the east side of Main Street from a point 25 feet south of the intersection of Main Street and Peer Street to a point 59 feet south of this intersection. (b) That the appropriate by-law be amended to cover the above mentioned recommendation. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Pay, that the recommendation be received and adopted. Carried Unanimously. No. 292 - Chief Administrative Officer - Re: MW-86-34, Contract R.C. 9-86, Road Rehabilitation on Dell Avenue, Margaret Street & Heximer Avenue. The report recommends that the unit prices submitted by Stephens and Rankin Inc. be accepted and that the by-law appearing on tonlght's agenda be passed. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resoiution No. 50. See By-law No. 86-126. No. 293 - Chief Administrative Officer - Re: Part Lot 54, Falls Industrial Park. The report recommends the following: 1) That Council authorize the sale of Part Lot 54, Registered Plan 243, to Mr. Anthony Bolgar, in Trust, at the purchase price of $18,800.00, subject to the Purchaser entering into the Citygs Standard Agreement of Purchase and Sale. ORDERED on the motion of Alderman Coville, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously_. No. 294 - Chief Administrative Officer - Re: Financing of Owners' Share of Local Improvements. The report recommends that Council pass the by-law appear- ing on this evenfngws ageads to impose special rates to provide for the payment of the owners~ portion of the cost of local improvements to be financed by the City. ORDERED on the motion of Alderman Cummings~ seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. S~e By-law No. 86-127. No. 295 - Chief Administrstive Officer - Re$ 1985 Financial Information Return. The report recommends that Council review the annual Financial Information Return for 1985. ORDERED on the motion of Alderman Pay, seconded by Aldcrman Cummings+ that the report be received and adopted. Carried Unanimously. -8- No. 296 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $216,899.00 for the one week period ending June 9th, 1986s be approved by the passing of the by-law appearing later on the agenda. Alderman Chessman declared a conflict of interest on Cheque No. 17158 because his wife is employed by the organization. Alderman Hinsperger declared conflicts of interest on Cheque Nos. 17109, and 17174 because he is employed with the firm. Additional information was provided on Cheque Nos. 17125, 17141, 17146, 17151, 17167, and 17169. ORDERED on the motion of Alderman Coville, seconded by Alderman Pay, that the report be received and adopted. The motion Carried with Aldermen Chessman, and Hlnsperger abstaining from the vote on Cheque Nos. 17158, 17109, and 17174, consecutively, on conflicts of interest previously recorded; and all others voting in layout. No. 297 - Chief Administrative Officer - Re: Claim by 485459 Ontario Limited for Compensation under the Expropriations Act. The report recommends that the above noted claim be referred to the Legal Department to respond. OPd)ERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No. 298 - Chief administrative Officer - Re: Bingo Operations in Niagara Falls. The report makes the following recommendations: 1) That effective July 1, 1986 the practice of busing patrons to the commercial halls be cancelled. Commercial halls are halls operating more than one event a week; 2) That all licencees paying out American and Canadian prizes be required to maintain two separate bank accounts, one for each currency; 3) That the American bank account be maintained at the maximum limit of $1,000.00. The purpose of the American account would be to supplement the American float in the event of an evening where the American prizes exceed the American funds received; 4) That all organizations use provincial forms, and that they be filled out as instructed by the Clerk's Department; ~ 5) That all organizations conform with the "Terms and Conditions', with respect to Nos. 15 and 16. These deal with the 15% administration and the 20% net proceeds; 6) That the organizations on the waiting list be licensed when openings occur; 7) That where an organization and its auxiliary are both licensed for weekly bingos, they be licensed for alternate weeks. Aldermen Cummings, and Hinsperger declared conflicts of interest because they are members of organizations which conduct hinges. - AND - Communication No. 203 - F.C. Pared|s, Ministry of Consumer & Com~aercial Relations. The communication advises that evidence indiaares that "all or some charitable or religious organizations licensed to operate hinges" "have misdirected charitable proceeds", and the "practice must stop Immediately"; and directs a "complete accounting of all receipts and ali expenses relating to the conduct of a bingo occasion". The communication suggests action to be taken by the City of Niagara Falls once the aforementioned practice has ceased, His Worship Mayor Smeatou pointed out that the Churches holding one bingo per week are not affected in any way, end that the commercial houses only were · affected, Members of Council discussed the recommendations of the Ministry, and the possible participation of the Social Planning Council regarding the report. It was noted that the Social PlanninS Council had already foiltiled its mandate, and that further actions should be of s political nature. -9- The City Clerk, Lottery Licensing Officer, and Lottery License Inspector responded to questions raised regarding the discontinuance of busing at the major halls; the definition of "Auxiliary" groups; the practise of the Uoly Family Centre, St. Frances and St. Lukets using one registered charitable number; and the number of evening events; The Clerk advised that the Lottery License Inspector would be contacting each organization with a view to having them amend reports and adjust accounts. It was pointed out that "everything must be paid in Canadian funds". Mr. Wayne Fowler, Manager, Monte Carlo Bingo Hall; DIck Kemeny, Niagara Strings; Martin Goyetche, B.C.V.A.; Scott Furthey, Manager, Diamond Bingo Hall; and Lea Kinghorn of the Canadian Corps Unit No. 104, participated in the discussion, and replied to questions of concern, i.e., busing. Mr. Kemeny stated that the accusation of "skimming money off is not true because we are reporting dollar for dollar". He stated further that the buses were transporting American people and the exchange was used to pay the buses. The City Solicitor read a quotation from Section No. 17 of the Order in Council regarding the transportation of patrons. Following further discussion, it was moved by Alderman Orr, seconded by Alderman Herrington, that the communication be received and filed, and the report be received and adopted, as written. The motion Carried with Aldermen Cummings, and Hinsperger, abstaining from the vote on conflicts of interest previously recorded, and with the following vote: AYE: Aldermen Baker, Chessman, Coville, Herrington, Hopkins, Janvary, Orr, and Puttick. NAYE: Alderman Pay. No. 299 - Municipal Works Committee - Re: MW-86-33, Resolution Concerning Increased M.T.C. Subsidy for Road Maintenance and Construction Programs. The report recommends that the Resolution appearing on the same agenda as this report, which requests the Provincial Government to increase the Ministry of Transportation and Communications road maintenance and construction budgets, allowing increased subsidies to Municipalities, be endorsed. ORDERED on the motion of Alderman err, seconded by Alderman Einsperger, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 50 - PAY - HINSPERGER - RESOLVED that the unit prices submitted by Stephens and Rankin Inc. for Contract R.C. 9-86, Road Rehabilitation on Dell Avenue, Margaret Street, and Heximer Avenue, be accepted at the low tendered amount of $97,992.50; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 51 -ORR - HINSPERGER - RESOLVED WHEREAS the Ministry of Transportation and Communications subsidy allocations to Municipalities for road maintenance and construction programs in recent years have not kept pace with inflation and rising construction costs; AND WHEREAS this situation is resulting in erosion of road maintenance and construction programs to inadequate levels; AND WHEREAS this situation is also resulting in the decline in the condition of streets in Niagara Falls; AND WHEREAS deterioration of our streets directly influences the cost of transporation and results in a negative impact on our economy; AND WHEREAS deterioration of our streets results in increased cost for motorists; NOW THEREFORE BE IT RESOLVED that the City of Niagara Falls petitions the Provincial Government to increase the Ministry of Transportation and Communica- tions road budgets for the purpose of increasing subsidies to Municipalities for road maintenance and construction programs; AND BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to the Premier of Ontario, the Minister of Transportation and Communications, the Honourable V. Kerrio, St., and to the Association of Municipalities of Ontario; AND the Seal of the Corporation be hereto affixed.. ~arr.ied Unanimously. - 10 - BY-LAWS 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. 86-126 - A by-law to authorize the execution of an a~reement with Stephens and Rankin Inc- for road rehabilitation on Dell Avenue, Margaret Street, and Heximer Avenue. No. 86-127 - A by-law to impose special rates to provide for the payment of the owners' portion of the cost of certain local improvements. No. 86-128 - A by-law to authorize a subdivision agreement with A.N. Contracting Limited respecting the proposed Carol Subdivision (formerly Desson Subdivision). No. 86-129 - A by-law to authorize the sale of land in the Falls Industrial Park. No. 86-130 - A by-law to authorize an agreement with Cameo Homes Niagara Ltd. respecting the proposed Condominium Subdivision at 3060 Portage Road. No. 86-131 - A by-law to provide monies for general purposes. No. 86-132 - A by-law to authorize a subdivision agreement with Canadia, Niagara Falls Limited et al respecting the proposed Dorchester Village - Part III Subdivision. No. 86-133 - A by-law to authorize an extension agreement under the Municipal Tax Sales Act, 1984. The motion Carried with Alderman Janvary voting contrary on By-law No. 86-128; Aldermen Chessman, and Minspergar abstaining from the vote on By-law No. 86-131, on conflicts of interest previously recorded in Report No. 296; 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: No. 86-126 - A by-law to authorize the execution of an agreement with Stephens and Rankin Inc. for road rehabilitation on Dell Avenue, Margaret Street, and Mextmer Avenue. No. 86-127 - A By-law to impose special rates to provide for the payment of the ownerst portion of the cost of certain local improvements. No. 86-128 - A by-law to authorize a subdivision agreement with A.N. Contracting Limited respecting the proposed Carol Subdivision (formerly Desson Subdivision). No. 86-129 - A by-law to authorize the sale of land in the Falls Industrial Park. No. 86-130 - A by-law to authorize an agreement with Cameo Homes Niagara Ltd. respecting the proposed Condomintum Subdivision at 3060. Portage Road, No. 86-131 - A by-law to provide monies for general purposes, No. 86-132 - A by-law to authorize a subdivision agreement with Canedie, Niagara Falls Limited et al respecting the proposed Dorchester Village - Phase III Subdivision. No. 86-133 - A by-law to authorize an extension agreement un4er ~he Municipal Tax Sales Act, 1984, J - 11 - The motion Carried with Alderman Janvary voting contrary on By-law No. 86-128; Aldermen Chessman, and Hlnsperger abstaining from the vote on By-law No. 86-13t, on conflicts of interest previously recorded; and alI others voting in favour. NEW BUSINESS ITEMS OF INTEREST: Canada Day Celebrations - Alderman Janvary advised that an invitation was being forwarded to Mayor Smeaton and Members of City Council to attend the Canada Day celebrations. She stated that a request for a proclamation would he forthcoming In about 2 weeks. ITEMS OF CONCERN: Fountain/Centennial Square - Alderman Orr referred to children playing In the pool of the Fountain at Centennial Square in front of City Hall, and requested information regarding liability insurance. His Worship Mayor Smeaton advised that there is liability insurance for the property in general. Senior Cltizens/~ntitleents - Alderman Cummings referred to a poster in the Council Chambers regarding the month of June 1986 being Senior CItizens Month. He referred further to the lack~.~ b~e~rem all levels of government regarding available services to Senior Citizens, and suggested that the matter be referred to the Social Planning Council for the compilation of a list of entltlements to Senior CItizens, and a recommendation concerning any funds required. Alderman Pay advised that he had recently seen an audio visual presentation, and brochures containing information for seniors, and suggested that Mr. Doug Rapelie, Director, Senior Citizens Department, Regional Municipality of Niagara, might be approached for further information. It was suggested that the Clerk acquire the required information. Standardized Testing/Employment Applications - Alderman Puttick referred to receipt of the Revisions to the Procedural Manual and Employment, and requested information regarding the standardized testing of applicants for employment, particularly in connection with the qualifications of the firefighters. Me requested information regarding aptitude and other tests required. The Chief Administrative officer explained that a standard set of tests were utilized, and Alderman Chessman suggested that care should be taken in the evaluation of the tests. It was moved by Alderman Hinsperger, seconded by Alderman Cummings, that the meeting adjourn to Committee of the Whole. Carried Unanim. ousl~. COMMITTEE OF THE WHOLE Committee Room #1 June 9, 1986 Council met on Monday, June 9th, 1986 in Committee of the Whole, following a Planning/Regular Meeting. All members of Council, with the exception of Alderman Campbell, were present. Alderman Coyills presided us Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting, - 12 - READ AND ADOPTED, COUNCIL MEETING MAYOR WILLIAM S. SMEATON Council Chambers June 9, 1986 Council reconvened in formal session on Monday, June 9th, 1986, following a meeting of Committee of the Whole. All members, with the exception of Alderman Campbell, were present. His Worship Mayor Smeaton presided as Chairman. The meeting adjourned. READ AND TWENTY-EIGHTH MEETING SPECIAL MEETING Committee Room #1 June 18, 1986 Council met on Wednesday, June 18th, 1986, in a Special Meeting to consider the Budgetting Process. All members of Council, with the exception of Alderman Baker, were present. His Worship Mayor Smeaton presided as Chairman. REPORT No, 30OA - Mayor Smeaton - Re: Budgetting Process. The report attaches a copy of a communication from Alderman Hinsperger suggesting an informal meeting to establish Council's mandate, as well as priorities and allocation of City funds; and to review the budget procedure, prepare next year's budget, and publicize a non-crisis management system. Co=munication No. 204 - Alderman Puttick - Re: Revisions to the Budgetting Process. The communication suggests eliminating the Finance Committee and establishing a "Board of Finance" comprised of all members of Council; and further suggests that all receivers of City grants "be advised that no funds will be forthcoming as of January let(of any year)", and if the budget does include some grants, that the funds be retroactive. - AND - Comunicatlon !~o. 205 - Alderman Pay - Re: Budget Process. The communication suggests identifying: "that the existing method of dealing wish the budget can he improved"; re-examination of the whole process; assessment of the committee structure; and recommends ~'improvements to the present manner in dealing with budgetary matters". - AND - No, 300B - Chief A&ministra~ive Officer - Re: Policies & Procedures on Requests for Financial Assistance for the 1986 Budget Year. The brief provides the following information: Goals & Objectives, Definition, Background, Policy Duration, General Statements & Principles, Assessment Criteria, Eligibility and Guidelines, as well as a sample of Funding Request to the City of Niagara Falls which must be completed by organizations requesting funding. The Chief Administrative Officer stated that this Special Meeting was being considered as an exploratory meeting to consider the above mentioned informa- tion, respond to questions raised, and request further verbal and written ~comq~s from members of Cguucil. %~A~ma~Q~ ~ntered the meeting. Alderman ~insperger expressed the belief that the mandate of Council was to provide streets, sewers and hard services to the community, and to a lesser degree, industrialJ tourism and promotional needs. Re suggested the establish- ment of priorities, and a discussion to improve the budgetary process. Aldermen Cheesman, and Harrington discussed the necessity of considering social needs, as well as hard services in connection with budgetary distribution, Alderman Puttick referred to the need for written submissions from members of Council, He suggested that the matter be discussed at a future meeting, Aldermen Cummings, and Janvary expressed the opinion that the handout information should be studied prior to further consideration, Alderman Cu~aings referred to the need to assist all organizations as much as possible, Alderman Campbell stated that Staff should "play a far more important role" in setting priorities and guidelines for the budgettinS process, -2- Alderman Orr discussed the inequalities in pay vs. budget increases. She snggested dispersion of funds in order of priorities first, and then amenities. Alderman Pay reviewed his written submission in detail, and expressed the view thet Council should have a guidebook which could be reviewed and revised on a regular basis if necessary. Alderman Herrington was in agreement with suggestions made in the submission, and remarked that there was "room for improvement in any organization". Mayor Smeaton expressed appreciation of all written presentations and verbal comments, and referred to the-positive aspect of this meeting. In order to attend prior commitments, Mayor Smeaton retired from the meeting. Alderman Cheesman presided as Chairman. Alderman Janvary requested comments from Staff who were in attendance. The Chief Administrative Officer explained the use of a reserve fund by the Fire Department, and for maintenance costs to City Buildings, and suggested that a similar method could be activated at the Service Centre. He discussed the co-ordinated discussions of department heads regarding requirements and possible expenditures for recommendation to Council. The importance of the initial meeting to consider the budget was stressed as well as priorities for the budget year. The Chief Administrative Officer explained the proposed procedure for budget discussions and decisions in terms of timing, with a proposed target completion date of December 31st. He suggested that criteria "kits" to be completed by those requiring financial assistance be forwarded by November 15th. It was generally agreed that a Special Meeting to discuss the matter further would be scheduled for July 7th, 1986. It was moved by Alderman Hinsper~er, seconded by Alderman Orr, meeting adjourn. Carried Unanimously. that the READ AND ADOPTED, MAYOR S. SMEATON TWeNTY-NINTH MEETINC COMMITTEE OF THE WHOLE Committee Room June 23, 1986 Council met on Monday, June 23rd, 1986, at 7:15 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Chessman, were present. Alderman Baker presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. REGUL TING SMEATON Council Chambers June 23, 1986 Council met on Monday, June 23rd, 1986, at 7:30 p.m. for the purpose of considering general business. All members of Council, with the exception of Alderman Chessman, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Covilte 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 9th, 1986, be adopted as printed. Carried Unanimously. UNFINISHED BUSINESS PARKING ON FIRST AVENUE Report No, 301 - Municipal Perking & Traffic Co~mittee- Re: Parking on First Avenue. The report recommends the following: 1) That a "No Parking" zone be established on the west side of First Avenue between the hours of 8:00 a.m. to 5:00 p.m. from a polnt 168 feet north of the intersection of Morrison Street and First Avenue to a point 222 feet north of this intersection. 2) That the appropriate by-law be amended to cover the above mentioned recommendation. The Director of Municipal Works advised that the Clerk's office had invited interested residents to attend the meeting, There was a negative response to Mayor 3meaton~a request for comments from persons present. On behalf of the concerned residents, Alderman Janvary suggested that a decision be deferred for the present time, since the users of the property for Storage purposes had moved from the site. ORDERED on the motion of Alderman Janvary, seconded by Alderman Puttick, that the matter be tabled for further clarification. Carried Unanimousl~. BINGO OPERATIONS Report No. 302A - ClLtef blllnZstratlve Officer - Re: Bingo Operetlons in Nlugara Falls. The report provides background information regarding questions previously raised in connection with an auxiliary organization, disposition of charitable dollars, and licensing of afternuos ut~ late night bingos; and recommends that the report be received and filed for informational purposes. -2- Aldermen Cummings, and Hinsperger, declared conflicts of interest because they are members of organizations which conduct hinges. ORDERED on the motion of Alderman Puttick, seconded by Alderman err, that the report be received and adopted. The motion Carried with Aldermen Cummings, and Hinsperger abstaining from the vote on conflicts of interest previously recorded, and all others voting in favour. - AND - Report No, 302B - Chief Administrative Officer - Re: Niagara Falls Optimist Club. The report recommends that the request of the Niagara Falls Optimist Club to conduct weekly BiaSes with a total prize board of $5,000.00 per event, or a monthly Bingo with a total prize board of $10,000.00 per event he denied. Mr. Fred Martin, Bingo Chairman, Optimist Club, discussed requests made for a weekly license with a limit of $5,000.00, or a special permit for 1 bingo per month with~ a ~imit of $10,000.00, and no more than three hinges during a three mont~ peri~."'He replied to question8 raised regarding the decline in Bingo income subsequent to the lowered prize money. The City Clerk, Deputy Clerk and Lottery Licensing Officer, and the Lottery License Inspector responded to questions raised with respect to the effect of the $10,000.00 price limit on other groups holding bingem, and the number of other organizations which might be affected. The Deputy Clerk pointed out that if approved by City Council, the licenee to operate a bingo with either a $5,000.00 or $10,000.00 prize limit would he issued by the Province, and the results of the bingo would be reported directly to the Province. Mr. Dan Delaney, Rainbow Cadets, supported the request of the Optimist Club. Mr. Wayne Fowler, Monte Carlo Bingo~ expressed willingness to discuss, with the Kinsmen Club, Kinetics, and the Boys' & Girls' Club, closing on the night on which this special bingo is scheduled. ORDERED on the motion of Alderman Janvary, seconded by Alderman Pay, that the matter be tabled for 2 - 3 months to allow The Optimist Club to arrive at a solution to the problem. The motion Carried with Aldermen Cummings, and Binsperger abstaining from the vote on c~nflicts of interest previously recorded, and with the following vote: AYE: Aldermen Baker, Campbell, Herrington, Hopkins, Janvarys and Pay. NAYE: Aldermen Coville, Orr, and Puttick. - AND - ~eport No, 302C - Chief Adlinlstrmtive Officer - Re: Requests for Bingo Lottery Liceaces. The report recommends that Council decide if Bingo Lottery liceaces should be issued to the following organizations; Canadian-Hungarian Old Timers of Niagara, Stamford Skating Club, and The Cadets of Niagara Junior Rainbow and Bugle Corps. The report states that Staff is not prepared to issue licenoes to these organizations as they do not fully meet the criteria set down by City Council. Mr. Deszo "Dick" gemsay, stated that the Canadian-Hungarian Old Timers of Niagara, were unable to qualify for a licenses and were not represented at the meeting. He advised that the members had accepted the decision. Mr. Dan Delaney, Cadets of Niagara Junior Rainbow and Bugle Corps addressed Council with regard to the Corps' need for funding. ORDERED on the motion of Alderman Patrick, seconded by Alderman Orr, that the report he received, and the requests for liceaces by groups included in the report be denied. The motion Carried with Aldermen Cummings, and Hlnsperger abstaining from the vote on conflicts of interest previously recorded~ and all others voting in fayour. - AND - Communication No. 20~A- ~he Optimist Club - Re: Bingo Operations. The communication discusses the revenues derived from the operation of blngos~and requesting a faycurable reply to the Club's request for a licenee. -3- - AND - Co~unlcation No. 206B - Greater Niagara Baseball Association (O.N.B.A.) - Re: Optimist Club request for Bingo License. The communication supports the request of the Optimist Club for a Bingo licenee. ORDERED on the motion of Alderman Janvary, seconded by Alderman err, that the communications 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 favour. - AND - Communication No, 206C - Social Planning Council of Niagara Falls - Re: Operation of Bingo Games. The communication discusses concerns regarding funding and support of the Bingo Inspector; Terms and Conditions for a Bingo lottery licenee; and the percentage of gross receipts being used for the operation of the bingo lottery and the donation being made to a charitable or religious purpose. The Deputy Clerk advised that a report would be submitted, as requested by City Council, in September 1986. ORDERED on the motion of Alderman Janvary, seconded by Alderman err, that the con~nunication be received and referred to Staff. The motion Carried with Aldermen Cummings, and Hinsperger abstaining from the vote on conflicts of interest previously recorded, and all others voting in favour. DEPUTATION COMMUNITY RESOURCES CENTRE Communication No. 170 ~ John Prentice, Chairman, Management Committee - (Tabled from May 26, 1986) - Re: Community Resources Centre Annual Report. The communication attaches a copy of the aforementioned Report, and 1986 Budget. Mr. Prentice reviewed the report in detail, discussed the excellent condition of the Community Resources Centre building, and the numerous groups and activities in the Centre. ORDERED on the motion of Aldermen Pay, seconded by Alderman err, that the communication be received and filed with appreciation. Carried Unanimously. CO~4UNICATIONS No. 207 - Regional Niagara Office of the Clerk - Re: First Quarter 1986 Building Permit Activity Report. The communication attaches the aforementioned Report DF86-76, dated May 12, 1986. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimossly. No. 208 - Niagara Falls Economic Development Agency - Re: 1985 Annual Report. The communication attaches the above named report. Mr. Bruce Ward, President, and Mr. Charles Chataway, Director of the E.D.A. artended the meeting. Mr. Ward reviewed specific items in the report and responded to questions raised regarding the similarity of activities between the E.D.A.~ and the Niagara Region Development Corporation (N.R.D.C.); and the program of a local firm in connection with the Parole Board. He agreed that information would he submitted to Council at a later date respecting a recent NRDC appointment. The E.D.A. was commended on their efforts and the presentation of an excellent report. ORDERED on the motion of Alderman Coyills, seconded by Alderman Marrington, that the report be received and filed. Carried Unanimously.. Nee 209 - Indian Defense League of Auer~ca- Re: Annual Border Crossing Parade. The communication requests a Parade Permit for the event scheduled for July 19th, 1986. ORDERED on the motion of Alderman Pay~ seconded by Alderman Cummings, that the request be approved subject to the approval of the Region. Carried UnanimouslF. No, ~lO -The City of Nepean - Re: Canada Post Co~nunity Mail Box Program, The communication attaches a resolution denying Municipal Consent for the Program proposed by Canada Post for new growth areas within the Municipality. ORDERED on the motion of Alderman Harrlngton, seconded by Alderman Baker, that the communication be received and flled. Carried UnanimoUsly. -4- -5- No. 211 - Anthony DiCiacoso, President, Niagara Palls Non-Profit Housing Corporation - Re: Status of Family Housing Project. The communication provides a status report regarding the Family Housing Project on the former Drummond Road School Site. ORDERED on the motion of Alderman Coville, seconded by Alderman Pay, that the communication be received and filed. Carried Unanimously. No. 212 - Shoreline Management Review Committee- Re: 1985 High Water Levels in Great Lakes- The communication advises of short-term initiatives to assist private landowners and public agencies in connection with flooding and erosion damages in Ontario. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the communication he received and filed. It was further reco~~nended that a member of Staff be authorized to attend the public meeting to he held at Port Colborne, on July 22, 1986. Carried Unanimously. No. 213 - Austin Repath, A Peel for Peace Canada - Re: "International Day of Peace". The communication requests Council to proclaim September 16th, 1986, the "International Day of Peace", and to participate in the event. ORDERED on the motion of Alderman Pay, seconded by Alderman Herrington, that the request be approved subject to established policy. Carried Unanimously. No. 214A - Saint Paul High School - Petition - Re: Niagara Falls Art Gallery. The communication supports the Gallery's request for funding- ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be received and filed. Carried Unanimously. - AND - No. 214B - Niagara Falls Art Gallery - Re: Request for Funding. The communication discusses the need of the Gallery for financial assistance, invites members of Council to visit the Art Gallery, and refers to a proposal to invite a representative from the City to Join the Board of Directors. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. No, 215 - Chippawa Lions Club - Re: R.C.M.P. Musical Ride. The communication requests approval to hold the event at Oakes Park on August 3rd to 6th, 1988, and to rent the Niagara Falls Arena. Alderman Hinsperger declared a conflict of interest bqcause he is a member of the organization. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the request be approved in principle, and referred to Staff to assist in arranging details- The motion Carried with Alderman Hinsperger abstaining from the vote on a conflict of interest previously recordode and all others voting in fayour. No. 216 - SloPitch Ontario - Re: gIG-Pitch Complex Site Selection Process. The communication advises that the preliminary choices for the above named site are in North Welland, Niagara Falls, and Thorold; and submits proposed recom- mendations regarding the site selection. Council members were generally agreed that the matter should be investigated and information submitted regarding the impact of the facility, with input from all users. ORDERED on the motion of Alderman Campbell, seconded by Alderman Oft, that the matter be tabled for further information; and that Mayor Smeaton contact Slo-Pitch Ontario to explain Council's position, and requesting!t, hat a final decision be deferred. Carried Unanimously. REPORTS !o. 303 - t~tnf Administrative Officer - Re: R-86-25, Request for Lighting - Bocci Ball Court. The report recommends that the request of T. Vecca for 'the installation of flood lights and washrooms at the Bocci Courts at Weaver Park be received end filed and a copy of this report be supplied to the applicant. ORDERED on the motion of Aldermad Coville, seconded by Alderm~n Pay, that the report be received and adopted. Carried Unanimously. No. 304 - Recreation Cossission - Re: R-86-26, 1986-1987 Winter Ice Schedules for Municipal Arenas. The report recommends that the 1986-1987 Ice Schedule for the municipal arenas be approved hy City Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. No. 305 - Chief Administrative Officer - Re: R-86-27, Niagara Falls Memorial Arena - Installation of Lights. The report recommends that Pointview Electric Limited he awarded the contract to install the new lighting system at the Niagara Falls Memorial Arena, for a total cost of $11,621.00. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No. 306 - Chief Administrative Officer - Re: Employee Appreciation Night. The report recommends that Council authorize an Employee Appreciation Night to be held on November 14, 1986 with an expenditure up to $1,500.00 for operating funds. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. No, 307 - Chief Administrative Officer - Re: No Smoking Policy - City Hall. The report reconnnends that City Hall be designated a NO SMOKING BUILDING with the exception of the cafeteria. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No, 308 - Chief Administrative Officer - Re: Staff Adjustments, Buildings & Inspections Dept. The report recommends that Council authorize the Staff changes and reclassifications as set out in this report, to take effect July 1, 1986. ORDERED on the motion of Alderman Orr, seconded by Alderman }larrington, that the report be received and adopted. The motion Carried with Alderman Cummings voting contrary on Items "A" and "B", and all others voting in fayour. No. 309 - Chief Administrative Officer - Re: Site Plan Approval, Proposed 47 Unit Senior Citizens' Residence (By-law 85-233), 8158 Lundy's Lane. The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed senior citizens' residence, and the site plan being drawing number A-1 dated April 1st, 1986, as revised and the site plan being drawing number M-1 and filed with the Buildings and Inspections Department of the City of Niagara Falls on June 20th, 1986, and that such approval be subject to the conditions outlined in the report. The owners Mrs. Sobottka was in attendance. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No, 310 - Chief Adm~nistrative Officer - Re: Implementation Agreement - Chippawa, Ontario Neighbourhood Improvement Program (O.N.I.P.). The report recommends that Council pass the by-law on tonight's agenda to authorize the implementation agreement with the Minister of Municipal Affairs and Housing. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See By-law No. 86-136. No, 311 - Chief Administrative Officer - Re: Property Standards By-law 74-204, Forest Glen Estates (Niagara) Limited, 7797 Thorold Stone Road. The report recommends that under clause (a) of sub-section 7,10.4 of By-law No. 74-204, the Corporation retain a wrecking contractor to forthwith complete the work which Forest Glen Estates (Niagara) Limited was directed to carry out under the Order given November 27, 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 Puttick, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously, Lss -6- No. 312 - Chief Adm~ntatrative Officer - Re: Residential Rehabilitation Assistance Program (R.R.A.P.). The report recommends that the City once again begin accepting R.R.A.P, applications. ORDERED on the notion of Alderman Puttick, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 313 - Chief Administrative Officer - Re: The Building & Inspections Department Report for May 1986. The report provides information regarding Permits Issued and Highlights for May, 1986, as well as June Proposals. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received and filed. Carried Unanimously. Non 286 - Chief Adslnistrat~ve Officer - (DEFERRED FROM JUNE 9, 1986) Re: Proposed Plan of Subdivision, "Ascot Woods (Extn. 2) Subdivision", File No. 26T-86015, Owner: G. Schneider et el. The report recommends that the City Clerk be authorized to process the application for the "Ascot Woods (Extn. 2) Subdivision"~ and that a report be prepared for Councll's further consideration of this plan based on technical information received, public input, etc. The Clerk advised that 2 advertisements had been placed in the Niagara Falls Review regarding this matter. Mr. Brian Sinclair, Solicitor for the applicant, referred to the previous plan of subdivision for 100 acres, lnclodlng the subject lands, and Conncll'S approval of the plan. He stated that the proposal is complimentary to the existing subdivision on the west and north sides of the lands; referred to the availability of schools and parklands; and discussed the need for additional homes in this area. Mr. Sinclair further stated that the next stage would be commercial on Montrose Road. The Planning Director replied to questions raised with respect to future proposals in the area, commercial development along Montrose, Beaverdams and Kalar Roads, as well as the proposed highway. Re discussed specifications contained in the Secondary Plan regarding commercial development, and advised that the total plan was now being altered in terms of density and housing mix, and further advised that the Ministry of Transportation & Communications was obligated to preserve the proposed highway. Mr. John HodS,on, Hodgson's Steel & Ironworks Ltd., 5580 Kalar Road; Mr. John Grimo, President of Niagara Block Inc., 5000 Montrose Road; Mr. Berry Dzurban, 7972 Paddock Trail; Mrs. D. Kelly, 5004 Montrose Road; and others submitted the following concerns regarding the proposal: future industry west of Montrose and Kalar Roads in close proximity to resident~l development; dust, noise and increased traffic heavy truck traffic which feeds industry; storage; an additional number of school children in an area with the increased truck traffic; the present drainage problems on Paddock Trail; as well as storm and sanitary sewers required for the new subdivision. Mr. Grimo submitted a written presentation containing details of the concerns of industry respecting the proposed subdivision, requested a covenant on the lands indicating to possible home buyers the close proximity to industries, and discussed the need for barriers in terms of trees, earth berms, and a wall to reduce noise levels, Mr, Grtmo asked that he be informed of any further action concerning this matter. ORDERED on the motion of Alderman 0rr, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No, 314 - Chief Adsdnistrativa Officer - Re~ Sale of Surplus City owned lands to Canadia, Niagara Falls, Limited and the Niagara Falls Hydro-Electrtc Commission. The report recommends that the City sell the lands shown bordered in black on Plan Schedule "A", attached thereto to the Offer to Purchase, to Canedie Niagara Falls, Limited for the sum of $45,000.00, upon the terms and conditions of the Offer to Purchase. During the discussion regarding the recommended sale price and cost of survey, Mr, Joe Curtails, developer, referred to the verbal agreement that the City would be responsible for a survey and reference plan. ORDERED on the motion of Alderman Einsperger, seconded by Alderman Baker, that the 'report be received and adopted. The motion Carried with the following vote| AYE: Aldermen Baker, Cturanings, ~insperger, Hopkins, Pay, and Puttick, NAYEl Aldermen Campbell, Covllle, Herringtons Hopkins, and Orr. See By-law No. 86-138. -7- No. 315 - Chief Administrative Officer - Re: Rainbow Gardens Subdivision. The report recommends that the revisions to the above draft plan of subdivision be approved and the Ministry of Municipal Affairs be notified. ORDERED on the motion of Alderman Pay, seconded by Alderman Puttick, that the report be received and adopted. Carried Unanimously. No. 316 - Municipal Parking & Traffic Committee - Re: MW-86-39, Parking East Side of Ontario Avenue, Queen Street to Park Street. The report recommends that a "Parking Zone" be established on the east side of Ontario Avenue from a point 9 metre, north of the northerly curb line on Queen Street at the intersection of Queen Street and Ontario Avenue, northerly for a distance of 24.4 metre, to provide four parking places. Further, at the time meters are re-installed in the downtown area, four electronic meters with half-hour time limits will be installed in these parking places. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No · 317 - Municipal Works Comsittee - Re: MW-86-41, Committee Reports: Mountain Road Sanitary Landfill Site - Ksergency CertifiCate of Approval: -It is recommended that this report be received and filed. 2) Sidewalks In the Dorchester Village Phase III Subdivision: - It is recommended that the sidewalk requirements contained in the Declaration of Policy for Development of Subdivisions be amended to require construction of sidewalks only on the east and south sides of Woodside Drive and on the west side of Southgate Avenue. 3) Servicing Costs - Parkway Cardens Subdivision - Phase II: - It is recommended that Sunnylea Construction Limited be advised that the special lot levy of $275 per lot imposed on development in the Chippawn area will not be applicable to Phase II of Parkway Gardens Subdivision. Alderman Cummings declared a conflict of interest on Item No. 1 because his family owns property in the area. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Alderman Cummings abstaining from the vote on Item No. 1, on a conflict of interest previously recorded, and all others voting in favour. No. 318 -Municipal Works Co~eaittee - Re: MW-86-49, Niagara Classic Bicycle Races. The report recommends the following: 1) That approval be granted to Niagara Classic Bicycle Races Inc. (583180 Ontario Limited) to hold two (2) bicycle race events - (i) Niagara Classic Bicycle Stage Races (August 6 & 7, 1986); and (ll) Grape & Wine Festival Bicycle Races (September 26, 1986) - subject (a) provision of a $5 Million liability insurance policy naming the City as an additional insured in a form satisfactory to the City; (b) execution of agreement between the City and Niagara Classic Bicycle Race Inc.; (c) each participant being required to sign a waiver satisfactory to the City which indemnifies the City against any liability claims; and (d) Downtown Board of Managementts support for the August 7, 1986 Downtown crlterium. 2) That the City absorb the cost associated with arrangements for the races with an upset limit of $2,000,00. ORDERED on the motion of Alderman Pay, seconded by Alderman Herrington, that the report be received and adopted. Carried Unanimo. qsly. No, 319 - Chief Administrative Officer - Re: MW-86-43, Construction of Sanitary Sewer on Thompson Road. The report recommends that the construction of the sanitary sewer on Thompson Road, from Portage Road to 300 mettea casts be included in the Local Improvement By-law No, 85-218~ and that application for the same by-law be made to the Ontario Municipal Board for approval. -8- A number of concerned residents from the area were in attendance to express their concerns regarding the cost of installation of the sanitary sewer construction. Following a brief discussion, it was moved by Alderman Puttick, seconded by Alderman Cummings, that the report be received and adopted, and further that a covenant be initiated to run with the lands, requiring that the purchasers of properties in the area pay for the installation of the sanitary sewers. Carried Unanimously. No. 320 -~kief Ad~teistrative Officer - Re: ~q-86-44, Contract G.C. 12-86, Underground Services for Parkway Gardens Subdivision - Phase II. The report reconmends that the unit prices submitted by the low tendeter, Volsci Construc- tion Limited be accepted and this contract be awarded. ORDERED on the motion of Alderman Baker, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See Resolution No. 53. See By-law No. 86-139. No, 321 - ~hief Adm~uistrative Officer - Re: MW-86-50, Extension of Contract G.C. 2-86, Sewermains, Watermains and Base Road Construction in Westway Estates Subdivision - Stages II &III. The report recommends that the by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for sewermains, watermains, and base road construction in the Westway Estates Subdivision - Stages II and III, be approved. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. See By-law No. 86-141. Me. 32l - ~ief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $10,640,310.90 for the two week period ending June 23rd, 1986 be approved by the passing of the by-law appearing later on the agenda. Alderman Campbell declared a conflict. of interest on Cheque No. 17180 because the organization is a client. Alderman Cummings declared a conflict of interest on Cheque No. 17336 because a member of his family is involved in the program. Alderman Herrington declared a conflict of interest on Cheque No. 17309 because he is employed by the Hoard. Alderman Hinaperger declared conflicts of interest on Cheque Nos. 17185 and 17276 because he is employed with the firm. Additional information was requested on Cheque Nee. 17182, 17270, and 17324. ORDERED on the motion of Alderman Payt seconded by Alderman Hopkins, that the report be received and adopted. The motion Carried with Aldermen Campbell, Cummings, Herrington, and Minsperger, abstaining from the vote on conflicts of interest as designated above; Alderman Orr voting contrary on Cheque No. 17~80; and all others vetin8 in fayour. Me. 323 - Civic Committee- Re: Canada Day Celebrations - Proclamation. The report requests approval of a proclamation respecting Canada Day, July lst~ 1986. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No, 324 - Civic CoRalties - Re: Canada Day - Free Swimming. The report recommends that City Council agree to free swimming at the four Municipal Pools on Tuesday~ July 1st, as part of the celebrations planned for Canada's llOth Birthday, ORDERED on the motion of AldermsnaCoville, seconded by Alderman Hinsperger, that the report be received and adopted.. Carried Unanimously. /, f -9- RESOLUTIONS ~o. 52 - CUM4INGS - JANVARY - RESOLVED that a message of condolence he forwarded to the family of the late Mr. Robert Snyder, of the Canadian Armed Forces, who passed away last week as the result of an accident in Germany; Robert was the son of Mr. Don Snyder, of our Municipal Works Department; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 53 -BAKER - PAY - RESOLVED that the unit prices submitted by Volsci Construction Limited for Contract G.C. 12-86, Underground Services for Parkway Gardens Subdivision - Phase II, for the low tendered amount of $222,658.03, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on be granted time: the motion of Alderman Cummings, seconded by Alderman Pay, that leave to introduce the following by-laws, and the by-laws be read a first No, 86-134 - A by-law to authorize the execution of an agreement with Angels Arntz. No. 86-135 No. 86-136 - A by-law to authorize the execution of an agreement with Sunnylea Construction Limited. - A by-law to authorize the execution of an agreement with The Minister of Municipal Affairs for the Province of Ontario for the Chippaws Redevelopment Area - Phase III. No. 86-137- A by-law to authorize the sale of land to Bell Canada. No, 86-138 - A by-law to authorize the sale of land to Canadia, Niagara Falls Limited. No. 86-139 - A by-law to authorize an agreement with Volsci Construction Co. Ltd. for sewermains, watermains and base road construction to Parkway Gardens Subdivision - Phase II. No. 86-140 - A by-law to provide monies for general purposes. 1~o. 86-141 - A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for sewermains, watermains and base road construction in the Westway Estates Subdivision - Stage II and Stage III. The motion Carried with Alderman Minsperger abstaining from the vote on By-law No. 86-137 on a conflict of interest because he is employed with the firm; Aldermen Campbell, Coville, Harrington, Hopkins, and Orr voting contrary on By-law No. 86-138; Aldermen Campbell, Cummings, Marrington, and Hinsperger abstaining from the vote on By-law No. 86-140, on conflicts previously recorded in Report No. 322; Alderman err voting contrary on By-law No. 86-140, as preViouSly recorded in Report No. 322; and all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the following by-laws be now read a second and third time: No. 8~-134 - A by-law to authorize the execution of an agreement with Angela Arntz. No. 86-135 - A by-law to authorize the execution of an agreement with Sunnylea Construction Limited. - 10 - No. 86-136 - A by-law to authorize the execution of an agreement with The Minister of Municipal Affairs for the Province of Ontario for the Chippawa Redevelopment Area - Phase III. No. 86-137 - A by-law to authorize the sale of land to Bell Canada. 86-138 - A by-law to authorize the sale of land to Canadia, Niagara Falls Limited. No. 86-139 - A by-law to authorize an agreement with Volsci Construction Co. Ltd. for sewermains, watermains and base road construction to Parkway Gardens Subdivision - Phase II. 86-140 - A by-law to provide monies for general purposes. 86-141 - A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for sewermains, watermains and base road construction in the Westway Estates Subdivision - Stage II and Stage III. The motion Carried with Alderman Hinsperger abstaining from the vote on By-law No. 86-137 on a conflict of interest previously recorded; Aldermen Campbell, Coville, Harrington, Hopkins, and Orr voting contrary on By-law No. 86-138; Aldermen Campbell, Cummings, Harrington, and Hinsperger abstaining from the vote on By-law No. 86-140, on conflicts of interest previously recorded; Alderman 0rr voting contrary on By-law No. 86-140; and all others voting in favour. - 11 - It was moved by Alderman Puttick, seconded by Alderman Campbell, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, NEW BUSINESS ITEMS OF CONCERN: Superstall - Alderman Cummings referred to the Information to Council letter dated May 30th, 1986 from the Honourable Monte Kwinter, Minister of Consumer & Commercial Relations, regarding the Triple 5 Corporation project in Ontario, the Supermall sponsored by the Ghermezian brothers. He expressed exception to press state- ments with respect to the government's commitment to encouraging development outside the provincets industrial core in the Golden Horseshoe. ~!ult Entertain~ent I~118 - Alderman Pay referred to problems caused by an influx of Adult Entertainment Halls in Windsor, Ontario, and the possibility of the trend occurring in Niagara Falls. Me discussed contacts made with the Regional Police Department, and the Chamber of Commerce respecting this concern. The City Solicitor stated that any by-laws being considered as a deterrent to unwanted establishments should be considered on zoning rather than moral grounds~ and addressed via the Planning Department. Alderman Pay suggested that the matter be referred to the Planning Department to study actions which might be taken. ORDERED on the motion of Alderman Cummingsj seconded by Alderman Orr~ .that approval Be. granted to proceed past 11:00 p.m. Carried Unanimously. Petition frm residents/MeKinlmyPmrk- Alderman Orr referred to complaints and a petltion received from residents in the McKinley Park area, regarding the lack of litter receptaclesj and benches to be used by seniors; boys setting bonfires; and signs posted concerning dogs. Alderman Orr asked that Staff investigate the matters of concern~ and contact both herself, and Mrs, Mary Lawrence, 4455 Ellis Street, concerning the results of.the tnvestiSat~on, I.. /, r THIRTIETH MEETING SPECIAL MEETING Committee Rooms 2 & 3 July 7, 1986 Council met on Monday, July 7th, 1986 at 5:15 p.m. in a Special Meeting to consider the Budgetting Process- All members of Council, with the exception of Aldermen Harrington, and Puttick, were present. His Worship Mayor Smeaton presided as Chairman. REPORT His Worship Mayor Smsaton requested that the following report, which had been approved by the Municipal Works Committee earlier today, be considered: No. 325 - Chief Administrative Officer - Re: MW-86-57, One-foot Wide Encroachment on City-owned Easements on Lots 29 and 33, Swan Street, Registered Plan M-106, Westway Subdivision. The report recommends the following: 1) That a one-foot wide encroachment for the length of the garage he allowed to take place on Lots 29 and 33, Registered Plan ~106; 2) That a suitable Reference Plan be prepared by Pinewood Homes (Niagara) Ltd., and that this Reference Plan be registered on Title of these two properties showing the encroachment; 3) That a building permit be issued for the above-referenced lots upon Council's concurrence with the above recommendations. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously~ ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the minutes of the Special Meeting held June 18th, 1986, and the meeting held June 23rd, 1986 be adopted as printed. Carried Unanimously. REPORT go. 326 - Chief Administrative Officer - Re: Preparation of Annual Operating Budget. The report attaches a report with respect to the Budget Process, provides background information regarding the timing and make-up of the annual budget process; procedures for handling the various requests for financial assistance; and the funding and use of reserves for the orderly replacement and upkeep of City owned buildings and equipment. The Chief Administrative Officer reviewed information contained in the report. In reply to questions raised, he stated that Staff, particularly the Recreation Department, had been asked to comment. Re suggested that the procedure would be helpful to organizations participating in budget deliberations by providing prior knowledge of the Cityts expectations. A lengthy discussion followed regarding the report. It was generally agreed that the proposed procedure was "a step in the right direction". Alderman Campbell suggested the possibility of modification being required regarding Schedule 2, Item 8, in connection with funding from other sources. The Deputy Recreation Director responded to questions raised regarding grants from Council through the Recreation Commission budget, as well as Staff assistance respecting the OV Slo-Pitch Tournament. Alderman Cummings referred to the provision of small grants to organizations such as Niagara Promotion Association in connection with festtvals:-and its ~inancial .involvement with other organizations. Alderman Chessman prq~sed ~at Item 8 be reworded to allow for exceptions to the stated criteria, i.~'"~f~%ne~'~i~rmally act as a funding body u~less specifically permitted by Council". The Chief Administrative Officer suggested that the matter may be one of '"lnternaf'bookkeeping", -2- THIRTY-FIRST MEETING Questions were raised with respect to the method of paying out grants, and it was suggested that the method is the prerogative of the Municipality. It was further suggested that "hopefully, decisions will be made prior to the beginning of the year". Alderman Cheesman pointed out that even if decisions were made before December 31st, the budget by-law could not be passed prior to May of the following year, and Council may wish to alter some decisions. His Worship Mayor Smeaton stated that decisions regarding grants remain with the Council, and further, that this schedule provides improved guidance in the decision-making process. and the decisions would be recorded by the organ- izatione. He responded to questions raised regarding budget discussions during the year of a newly elected Councll. Alderman Pay etated that budget deliberations should be according to a specified time-table and criteria, and that the newly elected Council must proceed as scheduled. The Budget Director replied to qnestlone raised with respect to payment of grants, General Statements and Principlea, Item 2; and the need to distinguish between a grant and a service in connection wlth the Humane Society. Alderman Baker stated that Council should have the opportunity to be cognizant of the revenue generated by enforcement of the City by-law regarding animal control. He discunsed the possibility of credit being given to organizationa that create revenue for the City through specific activities. Alderman Cummings mada reference to the Study completed by the Recreation Director in thin respect. A discussion followed regarding the replacement of vehicles, and listing of priorities to be reviewed by Council. Alderman Baker pointed out difficnltien which could occur in attempting to activate decisions during the month of December. The Chief Administrative Officer suggested the need for flexibility. Alderman Pay suggested that, if necessary, additional meetings might be scheduled in order to maintain the proposed time-table. The Budget Director responded to further questions raised regarding reserve funding for equipment replacement. The Design & Construction Engineer explained that the Ministry of Transport & Communications subsidizes road maintenance and construction specifying the allowable rental rate for equipment, and further, that the rental rate includes operating and maintenance costs. He stated that a similar approach is followed by the City concerning M.T.C. subsidies. The Chief Administrative Officer suggested that the proposed policy be forwarded to the Recreation Commission, in order that they might re-evalutate and correlate their policy. Alderman Pay initiated a discussion regarding zero based budgetting. It was suggested that each organization have a zero-based budget, and further, that in order to have a complete understanding of the budget of each organiza- tion, these might be divided up and reviewed by the Aldermen, who would subsequently submit a report to Council respecting the need for financial assistance. Following further discussion, it was moved by Alderman Cummings, seconded by Alderman Orr, that the report be amended to include the suggested budget review process; that the report be received and adopted, and further, that Staff be asked to adhere to the schedule as closely as possible. Carried Unanimously. It was moved by Alderman Pay, seconded by Alderman gaker, that the meeting adjourn. Carried Unanimously. READ AND ADOPTEDs ./ S, SMEATON COMMITTEE OF THE ~|OLE Committee Room #1 July 14, 1986 Council met on Monday, July 14th, 1986, at 7:00 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Coville, were present. Alderman Janvary presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, .AR MEETING WIL S. SMEATON Council Chambers July 14, 1986 Council met on Monday, July 14th, 1986, at 7:30 p.m. for the purpose of considering Planning Matters and regular business. All members of Council, with the exception of Alderman Coville, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Baker offered the Opening Prayer. REPORTS - PLANNING MATTERS No. 327 - (PD/86/86) - Chief Administrative Officer - Re: Zoning Amendment Application AM-12/86, A, De Giorgio, Location: Pt. Twp. Lot 70, Thorold Stone Road. The report recommends the following: 1) That Council support the proposed amendment to Zoning By-law 79-200 to permit construction of a 3 storey apartment building; 2) That the applicant provide a minimum landscaping provision of 35% in accordance with the Zoning By-law; 3) That the applicant provide a minimum floor area for each dwelling unit of 100 sq. m. (1,100 sq. it.); 4) That all surfaces, with the exception of the building, be of either a permeable surface or utilize engineering techniques to ensure that the principles of the Shriner's Creek Environment Impact Study respecting storm water/recharge management are broached; 5) That Council direct Staff to prepare an appropriate zoning by-law amendment which reflects the application submitted, and the detailed considerations contained in the Technical Rmport (PD/Tg/S6); 6) That Staff be directed to undertake the appropriate amendments to the Secondary Plan; 7) That the applicant provide the necessary land dedications for the. future road widening of Thorold Stone Road; 8) That the applicant and the Regional Municipality of Niagara be advised accordingly. His Worship Mayor Smeaton declared the Public Meeting open, and asked the City Clerk to explain the proposal. -2- The Clerk advised that the proposal would amend Zoning By-law 79-200 to permit the construction of a 3 storey, 24 unit apartment building. He stated that the Notices of Public Meeting were forwarded by first class mail on dune 12th, 1986. His Worship Hayor Smeaton explained the procedure of the Public Meeting. He received a positive response to his request for an indication that the applicant or his agent were present. He received a negative response to his request for a show of hands from persons present who were in favour of, or opposed to, the proposal. Mayor Smeaton advised that 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- The Planning Director reviewed the details of the proposal and subject property ~with.~h~.assistance of posted sketches. He reviewed the following information conta[r~edTZin4t~.Iechnical Report: Zoning By-law Amendment; Official Plan; Surrounding Land IUs~s;~ Xgency Comments; and Planning Review, in terms of the Secondary Plan, Phasing, ReSidential Infilling, Medium Density Housing, Site Plan, Shriner's Creek, and Vacancy Rates- -3- 3) That the applicant remove part of the existing gravelled parking area and rehabilitate this area with sod to the satisfaction of the Municipality prior to formal by-law approval by Council; 4) That the applicant and the Regional Municipality of Niagara be advised accordingly. His Worship Hayor Smeaton declared the Public Meeting open, and explained the procedure to be followed under the Planning Act 1983. The City Clerk stated that the proposal was to amend Zoning By-law 79-200 to permit the conversion of an existing residence, zoned for single family purposes, to R2 permitting the conversion of the existing building to a two- family residential dwelling. He advised that the notices of the Public Meeting were forwarded by first-class mail on June 12th, 1986. His Worship Mayor Smeaton received positive responses to his enquiries for an indication of the presence of the applicant or his agent, and persons present who are in favour of, or opposed to, the proposal. He requested all persons wishing to receive further notice of the passage of the by-law to submit their names and addresses to the Clerk before leaving the meeting. -AND - Communication No. 217 - Regional Niagara p18nn~lg & Development Department - Re: Preliminary Application AM-12/86, Proposed 24 Unit Apartment, Thorold Stone Road, west of Montrose Road. The communication advises that the Regional Planning Staff considers the proposed apartment building to he acceptable in terms of compliance with planning regulations and compatibility with surrounding uses; and further advises, that the Regional Public Works Staff have no objec- tions to the proposed rezoning, however, they have comments respecting the need for a road widening and entranceway permits, and have requested the submission of a cite plan. In response to Mayor Smearonce request for comments from those in fayour of the application other than the applicant or his agent, a neighbout indicated that he was in favour of the proposal. There was a negative response to Mayor Smeaton~s request for comments from persons opposed to the application. Mr. Brian Sinclair, Solicitor for the applicant, advised that a meeting had been held with neighbouts in the area of the subject landsl that the residents had expressed agreement and were in support of the application. He reviewed details of the proposed apartment, and indicated agreement with requirements concerning the environmental impact area in the Shriner'e Creek Study. Mr. Sinclair indicated understanding of the need for a larger watermain. Since no further questions or comments were forthcoming, Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Pay, seconded by Alderman Minsperger, that the report be received and adopted. Carried Unanimously. The Planning Director responded to questions ralsed regarding engineering solutions to storm water, widening and deepening of the watercourse, ORDERED on the motion of Alderman Cummings, seconded by Alderman H!nsperger, that the communication from the Regional Public Works Department regarding road widening and entranceway be referred to Staff for a response· Carried Unanimously. leo. 328 - (PD/gl/86) -Chief Administrative Officer - Re: Zoning Amendment Application AM-17/86, T.J. Vattovaz, 6068 Dixon Street· The report recommends the following: 1) -That Council support the proposed amendment to Zoning By-law 79-200 as detailed in Planning Report PD/76/86; 2) That Staff be directed to prepare the appropriate Zonin8 By-law amendment for enactment at a subsequent Council meeting; The Planning Director reviewed the subject lands with the assistance of posted sketches, and discussed the following information contained in the Technical Report: Development Proposal; Zoning By-law Amendment; and Planning Considerations in terms of the Official Plan, Zoning, Existing Land Uses, Impact, Departmental and Agency Comments. Alderman Orr declared a conflict because she is dealing with an applicant with a similar problem. His Worship Mayor Smeaton received a negative response to his request for an indication of persons present, other than the applicant or his agent, in favour of the proposal, and those opposed to the application. - AND - Commmication No. 218 - Petition from Concerned Residents - Re: Rezoning application for 6068 Dixon Street. The Petition, which was signed by a number of residents in the area of Dixon/Ralph Street, expressed opposition to the application. Mr. Brian Sinclair, Solicitor for the applicant, referred to a previous application several months ago which had not been approved. He stated that the applicant was in agreement with the conditions outlined in the report, and requested support of the proposal. A discussion followed regarding the condition of the property, and renovations having been made without a permit. His Worship Mayor Smeaton declared the Public Meeting closed. Alderman Puttick requested a report, in 2 weeks time, regarding cleaning-up of the present single family dwelling. ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary, that the application be denied. The motion Carried with Alderman Orr abstaining from the vote on a conflict of interest previously recorded, and all others voting in fayour. No. 329 - (PD/83/86) - Chief Administrative Officer - Re: Zoning Amendment Application AM-19/86, Vommero Enterprises Ltd., Royal Manor Drive. The report recommends the following: 1) That Council support the proposed amendment to Zoning By-law 79-200 as detailed in Planning Report PD/77/86; 2) That Staff be directed to prepare the appropriate Zoning By-law amendment for enactment at a subsequent Council meeting; 3) That the applicant and the Regional Municipality of Niagara be advised accordingly. -4- His Worship Mayor Smeaton declared the Public Meeting open, and advised that the procedure under the Planning Act 1983 would be followed. He explained the procedure- The City Clerk advised that the proposal was to amend Zoning By-law 79-200, to permit the construction of a single family residence. He stated that the Notices of Public meeting had been mailed by first class mail on June 12th, 1986. His Worship Mayor Smeaton received a positive response to his request for an indication of the presence of the applicant or his agent; and a positive response to a request for a show of hands of those persons present in favour of or opposed to the application. He asked that all persons present wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Planning Director discussed the subject lands with the assistance of posted sketches, and provided details of the proposed amendment- He reviewed the following information included in the Technical Report: Development Proposal; Zoning By-law Amendment; Official Plan; Surrounding Land Use; Comments from the Public Notification Process; and Planning Review. Mayor Smeaton received a negative response to hie request for comments from persons, other than the applicant, who were in favour of the by-law- Mr. Edward Horsley, 7135 Windsor Crescent, questioned the validity of the meeting since the Building Department had granted a permit, and construction has begun, on a building on the undersized piece of property. Mr. Horsley expressed concern that a walkway across Hydro lands, which has been used traditionally for many years, would no longer he available for public use. The City Solicitor expressed the opinion that it was doubtful if land could be obtained from the Ontario Hydro simply by use, and further, that it would have to he approved by the Court. Mr. Vommero, the applicant, stated that the building under construction, referred to by Mr. Morsley, is on lands purchased from the Region, and is a separate piece of land. The subject lands in the report were purchased by the applicant. Since no other comments were received, Mayor Smeaton declared the Public Meeting closed. rega g The Planning Director responded to questions raised rdin the concern raised by Mr. Horsley in connection with construction of a building on adjoining lands. Mr. Horsley requested that he be notified of the date that this matter is agaln scheduled on a Council ageride. ORDERED on the motion of Alderman Herrington, seconded by Alderman Cheesmau, that the report be received and adopted, and the application approved, subject to clarification regarding the construction referred to above. Carried Unanimously. No. 330 - (PD/61/86) - Chief Administrative Officer - Re: Convert to Rent. Our Pile No. H-1. The report provides background information regarding the changes the Ministry of Housing has introduced in the Convert to Rent Programme, and recommends that the report be received for Councilts information. ORDERED on the marion of Alderman Cummings, seconded by Alderman. Pay, that the report be received and adopted. Carried Unanimously. No. 3~1 - (PD/68/86) - Chief Administrative Officer - Rez Proposed City Initiated Land Use Studies and Zoning Amendments for Charnwood Subdivision, Lyons Creek Road near Sodom Road, Allanthus Park Subdivision, and Portage Road in the Vicinity of the G.N.G.S. The report recommends that Municipal Staff be directed to advertise the holding of a Public Meeting for the consideration of zoning by-law amendment revisions and updates on lands described in the report. ORDERED on the motion of Alde~mah Janvary, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. - 5 - No. 332 - (PD/73/86) - Environmental Planning Committee - Re: Provincial Policy Statement: Foodland Preservation. The report recommends that: 1) Based upon the concerns expressed in this report, Council endorse the attached letter to the Foodland Preservation Branch of the Ministry of Agriculture and Fond; 2) A copy of this report be attached to said correspondence as the City of Niagara Falls comments on "Policy Statement: Foodland Preservation". ORDERED on the motion of Alderman Janvary, seconded by Alderman Pay, that the report be received and adopted. Carried UnanimouslyL No. 333 - (PD/74/86) - Environmental Planning Committee - Re: MOE 1984 Air Quality Data Summary. The report provides information regarding the routine monitoring of the air quality in Niagara Region since the early 1970's by the Ministry of the Environment, and recommends that this report be received and filed for information. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 334 - (PD/79/86) - Chief Administrative Officer - Re: Reduced Standards for Flood Protection, File ST-113. The report recommends that a copy of this report and Council Report dated 1985 02 06 (with relevant attachments) be forwarded to the Region in response to their request for comments. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No. 335 - (PD/80/86) - Chief Administrative Officer - Re: Application for Exemption from Part Lot Control, Lot 37, Rag. Plan M-78, Post Road, Ascot Woods Extension. The report recommends that the request from J. Rocca, on behalf of Sisino and Carmelina Stante to exempt Lot 37 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 be subject to Part Lot Control. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously_. See B~-law No. 86-147. leo. 336 - (PD/82/86) - Chief Administrative Officer - Re: 1986-87 Provincial Allocation for C.A.I.P/O.N.I.P. The report recommends the following: 1) That Council accept the Province's $350,000.00 allocation for the 1986/87 Commercial Area Improvement Program conditional upon receiving confirmation in writing from the Queen Street B.I.A. stating that they will be respons- ible for the repayment of the loan portion of the C.A.I.P. 4 project. (Note: A resolution will be placed on Councilts agenda after receiving the written confirmation). Should the Queen Street B.I.A. not formally accept the debt, Council will be requested to approve a resolution accepting the Province's $350,000.00 allocation for the 1986/87 O.N.I.P. project for the Balmoral/Leeming Residential Neighbourhood. ORDERED on the motion of Alderman Herrington, seconded by Alderman Hinsperger, that the report be received and adopted. CarriedUnanimousl · REGULAR MEETING DEPUTATIONS IMAX THEATRE Mr. Creg Stone, representative of the Cinema Group Venture from Los Angeles, California, submitted a 10 minute Video presentation depicting the Grand Canyon, - 6 - The Hidden Secrets' production. Mr. Stone distributed brochures concerning the Niagara Falls Imax Theatre, 6170 Buchanan Avenue; newspaper publicity regarding lmax in the Grand Canyon; and Grand Canyon, The Hidden Secrets. He reviewed the handout material, and discussed a future picture entitled Niagara: Miracle, Myths and Magic, advising that pro-production will begin in Niagara Falls next week, and production will begin in September. Mr. Stone further advised that the picture will be shown in June 1987. He stated that the Mayor of Tuscan, Arizona has proposed that Tuscan and Niagara Falls become "Sister Cities". His Worship Mayor Smeaton expressed appreciation on behalf of Council and the community, and wished success to the business venture. UNITED NATIONS pROCLAMATION - 1986 - INTERNATIONAL YEAR OF PEACE Communication No- 219 - United Nations Association of Canada - Re: United Nations proclamation declaring 1986 as International Year of Peace. The conmunication requests Council to proclaim 1986 as "International Year of Peace"- Mr. James Nicholas, President of United Nations Association of Canada, Welland-St. Catharines Chapter, reviewed information contained in the communica- tion and asked Council to endorse the request. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the request be approved subject to established policy. Carried Unanimously. MONTE CARLO EVENT - CHIPPAWA LADIES SLO-PITCH LEAGUE Two representatives from the Chippawa Ladies Slo-Pitch League requested approval of a liceace to sponsor a Monte Carlo Event, the proceeds to cover costs, and the balance to be forwarded to the Niagara South Recreation Commission for improvement to parks in Chippaws, as well as sponsorship for a Minor Girls Slo-Pitch team. The Clerk advised that this was the first application for a Monte Carlo liceace from a sports* organization, and reviewed the names of previous appli- cants for this type of event. The Lottery Liceace Inspector discussed a telephone contact with the Ministry of Consumer & Commercial Relations regarding the classification of the Chippaws Ladies Slo-Pitch League. She expressed the opinion that the group should be "self-supporting". ~ Alderman Chessman referred to a recent visit to the Ministry with the Lottery Licence Inspector, and suggested that approval of the request would create a precedent. He stated that the Ministry would approve the request if the League involved children. In response to questions raised, the Recreation Director stated that the Recreation Commission and Staff were concerned that funds should be.derived from outside independent sources whenever possible. Following further discussion, it was moved by Alderman Bakers seconded by Alderman Pay, that Council recommend, to the Ministry of Consumer & Commercial Relations that the request for a Monte Carlo event be approved, subject to the proceeds being donated solely to the Niagara South Recreation Commission. The motion Carried. with the following vote: AYE: Aldermen Baker, Campbell, Cummings, Hinsperger, Hopklns, and Pay, NAYE: Aldermen Chessman, Harrington~ Janvary, Orr, and Puttick, LOTS IN ASCOT WOODS SUBDIVISION Mr. Brian Sinclair, Solicitor, advised that Ascot Woods Limited owns 14 lots in the Ascot Woods Subdivision, and wishes to proceed to service the lots as soon as possible· He discussed the financial requirements, and arrangements, In response to questions rai~eds the Design & Construction Engineer stated that this matter was not a public tender· The City Solicitor advised that a by-law would authorize a contract for work o be done ~J~ct ~ ~ ?ecessarY funds being available, and in a contract 7 ~orm accepts o t Y * ' ' ' -7- The Chief Administrative Officer suggested that the matter be deferred to the next scheduled meeting of Council. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the matter be deferred for 2 weeks. The motion Carried with the following vote: AYE: Alderman Baker, Campbell, Chessman, Cummings, Harrtngton, Hopkins, Orr, and Janvary. NAYE: Alderman Hinsperger, Pay and Puttick. UNFINISHED BUSINESS KING'S VIEW ESTATES SUBDIVISION Report No. 337 - Chief Administrative Officer - Re: Proposed Plan of Subdivision, King's View Estates, Kendall Homes - 26T-86012. The report recommends that the King's View Estates Subdivision be given preliminary approval subject to the conditions enumerated in this report. Mr. John Kendall was in attendance. ORDERED on the motion of Alderman Herrington, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. INITIATIVES FOR EMPLOYMENT DEVELOPMENT IN NIAGARA REGION & ITS MUNICIPALITIES Communication 220 - Niagara Falls Economic Development Agency - Re: Report: Initiatives for Employment Development in Niagara Region and its Municipalities; and Report: Role of Ontario Municipalities on Economic Growth & Development - Jack Young. The communication attaches the aforementioned reports. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the communication be forwarded to the Regional Niagara Planning & Development Department in response to their enquiries. Carried Unanimously. CHAMBER OF COMMERCE REPORT - ECONOMIC DEVELOPMENT Coemumication No. 221 - Niagara Falls Economic Development Agency - Re: Chamber of Commerce Report on Economic Development for the City of Niagara Falls, May 1986. The communication responds to Council's request for comments concerning the aforementioned report. Mr. Bruce Ward, President, and Mr. Charles Chataway, Director, E.D.A.; Mr. John Cotfield, Treasurer of the E.D.A., Waters, Corfield & Meredith; Mr. Jim Powers, Past President, Corporate Development, York Henhover; Mr. Menry Mullet, President of Muller's Meats; Mr. Arn Steed, Manager, Canada Manpower Centre; and Mr. Gabs Mallouk, Past President, Downtown Board of Management were in attendance. Mr. Ward expressed appreciation of the report from the Chamber of Co~nerce. However, he stated that the Agency was not in agreement with some aspects of the report. Mr. Ward advised that the E.D.A. was prepared to provide an "exclusive vehicle to promote economic development in Niagara Falls", and asked Council to continue its support of the organization. Mr. Mullet discussed the importance of the E.D.A. in pursuing specific opportunities in Niagara Palls in conjunction with existing businesses- Ne expressed concern with the recommendation made in the report regarding a Junior person, and spoke highly of Mr. Chataway*s work with the Agency. In response to Mayor Smeatonws request for comments, Mr. Ken Lindsay stated that he was in attendance at the Chamber of Commerce meeting when this matter had been considered. ORDERED on the notion of Alderman Cummings, seconded by Alderman Baker, that the communication be received, and further, that a copy be forwarded to the Chamber of Commerce. Carried Unanimously. BINGO OPERATIONS IN NIAGARA FALLS lelmrt lie. 338 - ~ldetman Charles Cheesean - Re: Bingo Operations in Niagara Falls· The repor~ recommends that Council consider the following report and determine the policy it wishes to approve regarding busing to binSos. Alderman Cummings, and Hinsperger declared conflicts of interest because they are members of organizations which conduct binSos. .S -S- Alderman Wayne Campbell retired from the meeting. Alderman Chessman discussed his visit to the Ministry of Consumer & Commercial Relations, with the Lottery Licenee Inspector, during the past week. He reviewed the issue of busing to hinges, and the alternatives, and recommended that the City maintain a total ban with the exception of two particular licencees- The Lottery Licence Inspector replied to questions raised regarding a lottery branch office in the City. - AND - Comes,niceties No. 222 - Wayne Fewlet - Re: Busing to Bingo,- The communication discusses 4 proposals with respect to busing to hinges. The Clerk advised that this handout information had been received late this afternoon- ORDERED on the motion of Alderman Janvary, seconded by Alderman Chessman, that the report and communication be deferred for 2 weeks. The motion Carried with Aldermen Cummings, and Hinsperger abstaining from the vote on conflicts""~f interest previously recorded, and with the following vote: AYE.' Aldermen Chessman, Herrington, Janvary, Orr, and Pay. NAYE: Aldermen Baker, Hopkins, and Puttick. Following further discussion, it was moved by Alderman Herrington, seconded by Alderman Chessman, that a Special Meeting be scheduled for Monday, July 21st, 1986, in Committee Rooms No. 2 and 3, to discuss the matter. It was further recommended that Mr. Ted McKenna, and Mr. Ray Paradis from the Ministry of Consumer & Commercial Relations, hall owners and bingo operators be invited to attend and participate. 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 Baker, Chessman, ltarrington, Janvary, and Pay. NAYE: Aldermen Hopkins, Orr, and Puttick. MCKINLEY PARK PETITION Report No. 339 - Chief Administrative Officer - Re: McKinley Park Petition. The report provides background information regarding the installation of lights, loitering of young people, and Staff investigation regarding vandal proof picnic tables and benches; and recommends that the information contained herein be noted and a copy of the report provided to a representative of the petitioners. Mrs. Mary Lawrence, 4455 Ellis Street, was in attendance and received a copy of the report. Alderman err stated that residents in the area had expressed concern with respect to cleaning-up after dogs, and requested temporary signing- His Worship Mayor Smeaton stated that the matter would be considered. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman err, that the report be received and adopted. Carried Unanimously. . COMMUNICATIONS !1o, 223 - Regional Niagara Public Works Department - Re: Water/Sewage Flows Report DEF-2353 for May 1986. The communication attaches the afgrementioned report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fay, that the communication be received and filed. Carried Unanimously. ~o. 224 - ~gioBal Niagara PXlnntm8 & Development Department - Re: Residential Development gites. The communication attaches Memo 1233 regarding the number of available sites for various types of residential development in subdivisions. ORDERED on the motion of Alderman Cu~.ings, seconded by Alderman communication ~e received and filed, 'Carried Unanimously. -9- No. 225 v Minister eliteusing - Re: Ontario Renews Awards - 1986. The communication advises of the eligibility of Niagara Falls for the aforementioned awards. ORDERED on the motion of Alderman Cummings, Seconded by Alderman Pay, that the communication he referred to Staff. Carried Unanimously. No. 226 - Niagara Falls Hydro Electric Comsission - Re: City Debenture. The communication advises that the City debenture in the amount of $800,000.00 be used to retire the Hydro debt. ORDERED on the motion of Alderman Chessman, seconded by Alderman Janvary, that the request be approved and referred to Staff for processing. Carried Unanimously. No. 227 ~ Niagara Falls Family Y.M.C.A. - Re: OV Provicial Slo-Pitch Tournament. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the request of the Nlagara Falls Family Y.M.C.A. for special occasion permits for its OV Provincial Slo-Pitch Tournament, to be held on September 5th, 6th, 12th, and 13th, 1986, at the Niagara Sports Complex on Mentress Road, Niagara Falls, be granted subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Niagara District Health Dnit, and the Liquor Licensing Board of Ontario. Carried Unanimously. No, 228A - Chippawn Business Association - Re: Ye Olde Chippawa Days. The communication invites Council to attend the program to be held August 2nd, 1986, and requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the request of the Chippawn Business Association for a special occasion permit for its "Ye 01de Chippawa Days" Festival, to be held on August 2nd, 1986, at the Hydro Property, Lyons Creek Road at Sodom Road, Niagara Falls, 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, 228B ? Chippawa Business Association - Re: Ye Olde Chippawa Days. The communication requests permission to erect a banner across Portage Road in the area of Legion Street~ in conjunction with "Ye Olde Chippawn Days" to be held on August 2nd, 1986. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the request be approved. Carried Unanimously. No. 229 v United Way of Niagara Falls - Re: 5th Annual Slo-Pitch Tournament. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the request of the United Way of Niagara Falls for a special occasion permit for its Fifth Annual Slo-Pitch Tournament, to be held on August 22nd, 23rd, and 24th, 1986, at the Niagara Sports Park, Mountain Road at Mentress Road, Nfagara Falls, 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. 230 v The Royal Canadian Legion, (Branch 51) - Re: Picnic & Outdoor Games. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the request of The Royal Canadian Legion, (Branch 51), for a special occasion permit for its Outdoor Picnic, to be held on July 19th, 1986, at 5743 Valley Way, Niagara Falls, be granted subject to the approval of the Regional Police Depart- merit, the Niagara Falls Fire Departments the Niagara District Health Unit, and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 231 ~ UNICKF Ontario - Re: 1986 UNICEF Hallows'an fund raising campaign. The communication requests a donation from the Municipality. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be referred to the Finance Committee for consideration. The motion Carried with the following vote: AYE: Aldermen Baker, Cheesman, Cummings, Narrington, Hinsperger, Hopkins, Orr, Pay, and Puttick. NAYEz Alderman Janvary. - 10 - No, 232 ~ CNI~il - Re: Speed of Trains & Condition of Crossing- The communication responds to a letter from Mayor Smeaton regarding an accident at the Stamford Subdivision, and advising of a 60 mph allowable speed limit; and states that the brush encroaching on track area at the MortCross Road crossing will be cleared. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, chat the communication be received and filed. Carried Unanimously. No. 233 ~The Corporation of The Town of Oakvilla - Re: Sale of Beer & Wine in Corner Stores. The communication requests support of a resolution to the Minister of Consumer & Commercial Relations opposing the aforementioned proposal. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the resolution be supported. The motion Carried with the following vote: AYE: Aldermen Baker, Chessman, Cummings, Harrington, Hinsperger, Hopkins, Janvary, Orr, and Pay. NAVE: Alderman Puttick. It was moved by Alderman Cummings, seconded by Alderman Chessman, that approval be granted to proceed past 11:00 p.m. Carried Unanimously. No. 234 v Niagara Regional Police Force - Re: Parachuting Incident. The communication attaches a report outlining reasons why charges were not processed in connection with the parachuting incident at the Skylot Tower. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be referred to Staff. Carried Unanimously- leo. 235 ~ Federal Business Development Bank- Re: "Small Business Week". The communication requests Council to approve the week of October 19th to 25th, 1986, as "Small Business Week". ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the request be approved subject to established policy. Carried Unanimously. No. 236 - Dan DmAddio, Terry Fox Com~Ettee Chairperson - Re: Terry Fox Run. The communication requests the permission of Council to host the Terry Fox Run on September 14th, 1986. ORDERED on the motion of Alderman Pay, seconded by Alderman Herrington, that the request be granted subject to the approval of other authorities. Carried Unanimously. No. 237 ~ MAizEstry of Rnalth - Re: Emergency Health Services, Ambulance Services Branch - Proposed Satellite Ambulance Station. The communication attaches documentation regarding a proposed Central Ambulance Communication Centre in the Kalar Road area, for the consideration of Council. ORDERED on the motlon of Alderman Chessman, seconded by Alderman Cummings, that the communication be referred to Staff for commence- Carried Unanimously. N~. 238 - ~hippawa Business Asseciatien - Re: Band Concert. The communication asks the permission of Council to temporarily close Cummington Square east on Monday, July 28th, 1986, to accommodate seating for a Band Concert to be held in conjunction wlth "Ye Olde Chippaws Days". ORDERED on the motion of Alderman Hineperger, seconded by Alderman Baker, that ~he. requesC be approved. Carried Unanimously. - See By-law No. 86-154 REPORTS No. 340 ~ Chief A~ministrative Officer - Re: R-86-28 - Monthly Public Swimming - Y.M.C.A. The report provides information regarding public swimming from May 22nd co June 21st, 1986, and recommends thaC Council receive and file the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orrm that the report be received and adopted,' Carried Unanimously. Ns, 3~1 ~ le~reation COmmission - Re{ R1-86-29 - provincial Lottery Funding. The report recommends thac City Council endorse the attached resolu- tion regarding the lottery fu~dss and further~ that this resolution be forwarded '.. · . . . ll - 11 - to the Premier of Ontario, the Treasurer of Ontario, and Vince Kerrto, our local M.P.P. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the report be received and adopted. The motion Carried with the following vote: AYE: NAYE: Aldermen Baker, Chessman, Cummings, Harrington, Janvary, Orr, Pay, and Puttick. Aldermen Hinsperger, and Hopkins. See Resolution No. 57. No. 342 -LoanReview Committee - Re: O.H.R.P. Loans. The report recommends approval of applications for assistance under the Ontario Home Renewal Program, for Properties No. 800, and 795. ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, the report be received and adopted. Carried UnanimouslyL that No. 343 - Chief Admfinistrative Officer - Re: Operating Agreement Low Rise Rehabilitation Program. The report recommends that Council pass the By-law on tonight's agerids to authorize the operating agreement with the Ministry of Housing. ORDERED on the motion of Alderman Harrington, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See By-law No. 86-151. No. 344 - Nunicipal Works Committee - Re: MW-86-51, 4 Committee Reports. The report recommends the following: 1) MW-86-48, Kingsway Motel - Drainage Problem - - That the drainage problem at the Kingsway MOtel be held in abeyance until the City has received the preliminary drainage report being recommended today through report MW-86-40 - Preliminary Report Rural Drainage Prob- lems. However, if Mr. C. Batchclot is of the view that time is the essence, he should petition the City forthwith to proceed with a solution to this drainage problem, through Section 4 of the Drainage Act. 2) MW-86-40, Preliminary Report - Rural Drainage Problems - - That the services of J. Bryon Wiebe Limited, Consultant Engineers and Planners be engaged for the upset limit of $6,000.00 to provide a prelim- inary drainage report on "Rural Drainage Problems". 3) MW-86-46 - Quotation for Tree Trimming, G~psy MOth Control, and Street Light Pole Repairs - a That Davy Tree Experts be retained at a price of $66.00 per burs for tree trimming services; b)Davy Tree Experts be retained at a cost of $72.00 per hour for spraying of Gypsy Moths; c)Polymeric Engineering Limited be retained at a cost of $13~987.00 for the repair of 20 street light poles. 4) MW-86-47 - Service Centre Planning - - That the firm of Chapman Murray Associates be retained at an upset limit of $3,000.00 to do a preliminary report on better use of space at the Service Centre site. ORDERED on the motion of Alderman Harrington, seconded by Alderman 0rr, that the report be received and adopted. Carried UnanimouslyL No. 345 - Chief Administrative Officer - Re: MW-86-53, Repairs to Railway Crossing on Lundy'e Lane~ Between Beechwood and Garner Roads. The report provides background information regarding repairs to the aforementioned railway crossing, that temporary repairs will be made in mid-July with permanent repairs to start in mid-September; and recommends that the report be received and filed. ORDERED on the motion of Alderman Baker. seconded by Alderman Orr, that the report be received and adopted. Carrled Unanimously.. NO, 346 - Chief Administrative Officer -Re$ Wd-86-59, Contract G.C. 13-86 - UnderSround Services in the Carol Subdivision. The report recommends that the uni= prices submitted by the low tendeter, DeRose Brothers General Contracting be accepted and this contract be awarded. ORDERED on the motion of Alderman Baker, seconded.by Alderman Pay, that the report be received and adopted. Carried Unanimously. See Resolution No. 54. See By-law No. 86-148. - 12 - No. 347 - Chief Administrative Officer - MW-86-61, Reduction of 15-Foot Wide Easement on Lots 5 and 6, Registered Plan M-16, Bell Crescent- The report recomends the following: 1) That the 7 1/2-foot wide easement that is presently registered on Lots 5 and 6 individually be reduced to five feet in width on each lot; 2) That a suitable reference plan be prepared by the builder, Mr. Ken Liddiard, and that this reference plan be registered on Title of these two properties, and that a new Transfer of Easement be given by the owner, Mr. Liddiard, to the City of Niagara Falls; 3) That a building permit be issued for the above two lots (Lots 5 & 6), upon Council's concurrence with the above representations. ORDERED on the motion of Alderman Curmntngs, seconded by Alderman Hinsperg~r, that the report be received and adopted. Carried Unanimously. No. 348 - Chief Administrative Officer - Re: MW-86-63, Contract G.C. 15-86, Sewermains, Watermains & Base Road Construction, Dorchester Village III Subdiv- ision. The report recommends that the unit prices submitted by the low tender, Alfred Beam Excavating, be accepted, and this contract be awarded. ORDERED on the motion of Alderman Pay, seconded by Alderman C-mmings, that the report be received and adopted. Carried Unanimously. See Resolution No. 55. See By-law No. 86-149. No. 3&9 - Chief Administrative Officer - Re: MW-86-67, Exchange of City-Owned Laneway for Road Widening on MeGrail Avenue. The report recommends the following| 1) That the City exchange the laneway at the rear of Lot 120 and Part of Lot 121 for a 10-foot wide road widening on MeGrail Avenue across the frontage of Lot 120, and Part of Lot 121; 2) That the City exchange the laneway at the rear of Part Lot 41, Lot 42, and Part of Lot 43, for a 10-foot wide road widening on MeGrail Avenue across the frontage of Part Lot 41, and Part Lot 42; 3) That City Staff he authorized to proceed with the formal closing of this laneway, including the necessary advertisingm etc. ~ ORDERED on the motion of Alderman Puttick, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. Bo, 350 - Chief Ads~t~strative Officer - Re: Lot 28, Plan 160, Kent Avenue. The report recommends that Council approve of the sale of Lot 28, Registered Plan No. 160, located on the west side of Kent Avenue, north of Industrial Street, to Dominion Auto Body, for the tendered amount of $25,800.00. His Worship Mayor Smeaton recelved a negative response to his request for comments from persons present. It was noted that Mr. Jan Jaluvka, Solicitor, was in attendance. ORDERED ou the motion of Alderman Puttick, seconded by Alderman Cummings, that the report he reeelved and adopted, (This matter had been brought forward to an earllet part of the meeting when Alderman Campbell was in attendance). The motion Carried with the following vote: AYE: Aldermen Campbell, theeamen, Cummingss Herrington, Hinsperger, Hopkinss Janvary, Orr, Pay, and Puttick. NAYE: Alderman Baker. See By-lewNo. 86-146. No, 351 - Chief Administrative Officer - Re: 4 Committee Reports, The report recommends the followingz 1) Downtown Board of Managementts Request for Financial Assistance - Downtown Fashion Show - - That the City contribute $600.00 to the Downtown Board of Management to assist in the presentation of the Downtown Fashion Show "New Views" to he held at Centennial 8quare July 26, 1986. That Staff determine whether or not these monies can be recovered from CAIP II funds· · o . · 13 - 13 - 2) Purchase of Additional Computer Equipment - - That additional equipment be purchased to facilitate the expansion of the office automation and data processing system at a cost of $95,615.00 as outlined in the attached report; 3) Request for Reception for Ontario Youth Concert Band - - That the Ontario Youth Concert Band Inc. be notified that hosting a reception for the Kent Schools Symphonic Wind Band is contrary to Council Policy. However, the Mayor will be available to meet with the band and extend welcome to the City; 4) Canadian Institute of Public Health Inspectors Request for Advertisement - - That the City purchase a 1/4 page ad, at a cost of $225.00, in the programme for this year's Joint National/Provincial Education Conference of the Canadian Institute of Public Health Inspectors to be held in Niagara Falls September 16 - 18, 1986. ORDERED on the motion of Alderman Pay, seconded by Alderman Chessman, that the report be received and adopted. The motion Carried with Alderman Puttick voting contrary on Item No. 1, and all others voting in favour. No. 352 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $16,884,873.34 for the three week period ending July 14, 1986, be approved by the passing of the by-law appearing later on the agenda. Alderman Cheesman declared a conflict of interest on Cheque No. 17568 because a member of his family is employed with the organization. Alderman Coamnings declared a conflict of interest on Cheque No. 17739 because a member of his family is involved in the program. Alderman Harrington declared conflicts of interest on Cheques No. 17432 because he is employed by the Board, and on No. 17531 because his wife is President of the organization. Alderman Hinsperger declared conflicts of interest on Cheques No. 17422, 17536, and 17673 because he is employed with the company. Additional information was provided on Cheque No. 17434. ORDERED on the motion of Alderman Pay, seconded by Alderman Baker, that the report be received and adopted. The motion Carried with Aldermen Cheesman, Cummings, Harrington, and Rinsperger abstaining from the vote on Cheques No. 17568, 17739, 17432, 17531, 17422, 17536, and 17673 consecutively, on conflicts of interest previously recorded; and all others voting in favour. 1%). 353 -Kayor Smeaton - Re: Implementation of Remedial Measures, Niagara Falls - Welland Line, Canadian National Railways. The report recommends that the City of Niagara Falls petition the Canadian Transport Commission for the approval of an order reducing the speed limit of trains using that section of the subject line within the urban limits of the City of Niagara Falls and the installation of railway barriers at the Mootrose Road crossing of the Niagara Falls - Welland Line of the Canadian National Railway. Members of Council expressed concern regarding the speed of trains passing though the expanded urban areas of the City, and suggested that the speed limit should be reduced from 60 mph to 40 mph within the City. ORDERED on the motion of Alderman C,,mmtngs, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously__. leo, 354 - Chief Administrative Officer - Re: W.C.R.C. Separate School Board - Proposed Addition to Mary Ward School, The report recounends that the reqnest of the W.C.R.C. Separate School Board for permission to move four portable class rooms to the Lester B. Pearson Park for one year be approved. ORDERED on the metion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No. 355 - Chief Administrative Officer - Rez ReqUest to Lift Covenants - 4564 Mantrose Road. The report recommends that the request of Mr. A.F. Sheppard to remove three covenants from the attached deed be approved. · . . . 14 J - 14 - - 15 - ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 356 - Chief A~nistrative Officer - Re: Request from Slo-Pitch Ontario for Funding. The report recommends that the request of Slo-Pitch Ontario for Municipal funding in the amount of $6,000.00 to assist in a site selection study be denied on the basis that it is premature. ORDERED on the aptton of Alderman Puttick, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. lio. 55 - PAY - CLMNCS - RESOLVED that the unit prices submitted by Alfred Beam Excavating for Contract G.C. 15-86, Sewermains, Watermains & Base Road Construction, Dorchester Village III Subdivision, be accepted at the low tendered amount of $268,293.12; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 56 - CUMNGS - HINSPERGER - RESOLVED that Alderman Richard Harrington be appointed Acting Mayor for the period from Saturday, July 19th, to Saturday, July 26th, 1986, inclusive; - AND - Cm~unication No, 239A - Slo-Pitch Ontario - Re: Slo-Pitch Complex Site Selection Process. The communication requests that the Slo-Pitch Ontario letter dated June 20, 1986, be withdrawn and any action precipitated by it be withheld from future Departmental and Council Meetings- that Alderman Charles Cheesman be appointed Acting Mayor for the period from Sunday, July 27th, to Saturday, August 2nd, 1986, inclusive; and that Alderman James Pay be appointed Acting Mayor for the period from Sunday, August 3rd, to Sunday, August 10th, 1986, inclusive; -AND - Co~municationBo. 239B - ~"ne Optimist Club - Re: Slo-Pitch Complex. The communication strongly opposes public funding of a feasibility study in this regard. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communications be received and filed. Carried Unanimously. No. 357 - MunicipalWorks Comdttee - (HANDOUT REPORT) MW-86-68, 4 Committee Reporte. The report recon~nends the following: 1) MW-86-54, 1986 New Equipment Purchases of City Vehicles - a) That Staff be authorized to purchase the various pieces of equipment described in Appendix 'A' from the bidders outlined, having a total value of $721,752.53; b) That purchase of additional attachments for the two municipal tractors for sidewalk plowing and sweeping in the amount of $10,487.00 be authoriaed. 2) Mw-86-55, Heuristic Routing - - It is recommended that this advisory report be received and filed. 3) MW-86-56, Two-Way Radio System for Vehicle Communications - a) That Staff be authorized to purchase and install a new multi-channel repeater type radio system for vehicle communications from Central Com- munications as quoted for a total price of $88,617.00 including F.S.T. (P.S.T. extra); b) That Staff be authorized to make payment in two installments consisting of $40,000.00 upon completion of installation and approval by D.O.C., the balance of $54,820.19 to be paid in January 1987 as set out in the quota- tion specifications; and c) That Staff be authorized to review the current radio system service contract and report hack to the Municipal Works Committee on ~ecommenda- tions to be approved by the Committee. 4) MW-86-58, Waste Management Improvement Program Ministry of the Environment Financial Assistance - - That the Mayor and Clerk be authorized to sign on behalf of the Municipality the Ministry of the Environment form entitled "Appendix A" requesting financial assistance for works planned at the Mountain Road Sanitary Landfill Site. ORDERED on the motion of Alderman Binsperger, seconded by Alderman Pay, that the ~eport be received and adopted. Carried Unanimously. RESOLUTIONS ~o. 54 - Igl - PAY - RESOLVED that the unit prices submitted by DeRose Brothers General Contracting for Contract C.C. 13-86 - Underground gervices in the Carol Subdivision, be accepted at the low tendered amount of $98,273.12; AND the Seal of the Corporation be hereto affixed. ..~ i,:,~ '/w~!"'C rri d Unanimously. a · AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 57 - ORR- JANUARY - RESOLVED that WHEREAS on May 13th, 1986, The Treasurer of Ontario announced and received first reading for Hill 38 to amend Section 9 of the Ontario Lottery Corporation Act by striking out "to be available for the promotion and development of physical fitness, sports, recreational sad cultural activities and facilities"; AND WHEREAS this amendment is considered to be detrimental to the provision of essential activities and facilities necessary for the recreational pursuits of the citizens of Niagara Falls; AND WHEREAS Provincial Government priority and funding for fitness, sports recreational and cultural activities and facilities is presently inadequate and not in keeping with the needs and priorities at the local level; AND THEREFORE BE IT RESOLVED that the Government of Ontario be petitioned to rescind proposed Bill 38 which would remove designation of Winratio and Lotratio profits from physical fitness, sports~ recreational and cultural activities and facilities; AND FURTHER BE IT RESOLVED that the Provincial Government reconfirm its support for recreational activities and facilities by allocating all profits from Wintario and Lottario for such activities and facilities on an annual and reliable basis to enable municipalities and agencies to carry out the appro- priate planning and development. The motion Carried with Aldermen Hinsperger and Hopkins voting contrary, and all others in favour. 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: 86-142 - A by-law to amend By-law No. 79-200, as amended. (502759 Ontario Ltd., AM-9/86, Mingle). NO. 86-143 - A by-law to amend By-law No. 85-238 respecting the 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.(AM-9/86). 86-144 - A by-law to amend By-law No. 395, 1966 of the former Township of Wllloughby~ now in the City of Niagara Falls, as amended. (AM-16/86, 289900 Ontario Ltd.~ Betty's Restaurant, 8911Rodom Rd.) ~. 8i-145 - A by-law to amend By-law No. 85-238 respecting 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.(AM-16/86), . . . · 16 - 16 - No. 86-145 - A by-law to authorize the sale of Lot 28, Registered Plan No. 160 to Angelo Marino and Robert Petfence- No. 86-147 - A by-law to designate certain land not to be subject to part lot control. (Lot 37, R.P. M-78). Me. 86-14g - A by-law to authorize the execution of an agreement with DeRose Bros. General Contracting Ltd. for sewermains, watermains and base road construction in the Carol Subdivision. Meo 86-149 - A by-law to authorize the execution of an agreement with Alfred Beam Excavating Limited for sewermains, watermains and base road construction in the Dorchester Village Phase III Subdivision. No. 86-150 - A by-law to authorize the execution of an agreement with Proctor & Redfern Limited for consulting services respecting an Heuristic Routing Study of Garbage Collection Routes in the City of Niagara Falls. No. 86-151 - 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 Housing respecting the Low-Rise Rehabilitation Program. No. 86-152 - A by-law to temporarily close part of Church's Lane. ~o g6-153 - A by-law to provide monies for general purposes. No. 86-154 - A by-law to close Cummington Square East to vehicular traffic on a temporary basis. The motion Carried with Alderman Baker voting contrary on By-law No. 86-146; Aldermen Chessman, Cummings, Herrington, and Hinsperger abstaining from the vote on By-law No. 86-153 on conflicts of interest previously recorded in Report No. 352; and all others voting in layout. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the following by-laws be now read a second and third time: Mo. 86-142 - A by-law to amend By-law No. 79-200, as amended. Me. 86-143 - A by-law to amend By-law No. 85-238 respecting the 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. Me. g6-144 - A by-law to amend By-law No. 395, 1966 of the former Township of Willoughby, now in the City of Niagara Falls, as amended. NO. 86-145 - A by-law to amend By-law No. 85-238 respecting 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, 86-146 - A by-law to authorize the sale of Lot 28~ Registered Plan No. 160 to Angelo Marino and Robert Petrecca. leo, 86-147 - A by-law to designate certain land not to be subject to part lot control. No, 86-148 - A by-law to authorize the execution of an agreement with DeRose Bros. Ceneral Contracting Ltd. for sewermains, watermains and base road construction in the Carol Subdivision. Noo 86-149 - A by-law to authorize the execution of an agreement with Alfred' Beam Excavating Limited for sewermains, watermains and base road construction in the Dorchester Village Phase III Subdivision, - 17 - 86-150 - A by-law to authorize the execution of an agreement with Proctor & Redfern Limited for consulting services respecting an Heuristic Routing Study of Garbage Collection Routes in the City of Niagara Falls. No. 86-151 - 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 Housing respecting the Low-Rise Rehabilitation Program. 86-152 - A by-law to temporarily close part of Church's Lane. 86-153 - A by-law to provide monies for general purposes. No. 86-154 - A by-law to close Cummington Square East to vehicular traffic on a temporary basis. The motion Carried with Alderman Baker voting contrary on By-law No. 86-146; Aldermen Chessman, Cummings, Herrington, and Hinsperger abstaining from the vote on By-law No. 86-153 on conflicts of interest previously recorded; and all others voting in favour. NEW BUSINESS ITEM OF INTEREST: Canada Day Celebrations - Alderman Herrington expressed appreciation to Alderman Janvary, and her Committee, for their efforts towards successful Canada Day Celebrations. ITEM OF CONCERN: NoneyMart - Alderman Cheesman referred to the new "Money Mart" business operating in this community, which offers a needed service respecting the cashing of cheques for persons with a low level of identification. The Money Mart charges a 6% fee for the service. He discussed the specifics of the identification policy followed by banks when cashing cheques, and stated that in some cases government cheques are issued to persons who are unable to provide sufficient identification. His Worship Mayor Smeaton suggested that the matter should be referred to Staff for a background report, a draft resolution to the Minister of Consumer & Commercial Relations, as well as a draft letter to banks recommending the adoption of a policy for persons wishing to cash these cheques. It was moved by Alderman Baker, seconded by Alderman Puttick, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, MAYOR S, 8MEATON THIRTY-SECOND MEETING SPECIAL MEETING Committee Room #1 July 21, 1986 Council met on Monday, July 21st, 1986 at 6:30 p.m. for the purpose of considering Niagara Classic Bicycle Races Inc. All members of Council, with the exception of His Worship Mayor Smeaton, and Aldermen Campbell and Orr were present. Alderman Pay presided as Chairman. Following a brief discussion of the matter in qoestion, it was moved by Alderman Cummings, seconded by Alderman Hinsperger, that the meeting should be an open session of Council, and the press advised accordingly. Carried Unanimously. REPORT No. 158 - Chief Ad~nistrative Officer - Re: Niagara Classic Bicycle Races Inc. The report advises that the Municipal Works Committee has recommended that permission be granted to Niagara Classic Bicycle Races Inc. to hold a Niagara Falls criterium in the Queen Street area on August 7th, I986; and attaches a letter from the Downtown Board of Management regarding the event held in 1984. Mr. Jack Bell, Chairman, Downtown Board of Management, referred to the Niagara Classic Bicycle Races held in 1984, the comments included in the letter from the Downtown Board of Management and attached to the report, and discussed the reasons for the Board's reluctance to approve holding the event in the downtown area. Mr. Ted Goldhawk, representing the Niagara Classic Bicycle Races Inc., explained the problems associated with the 1984 races held in Niagara Falls, the successful running of the event in other locations in the Niagara Peninsula where rescheduling is anticipated. He discussed the uncertainty of the location of the races in Niagara Falls this year, the advertising which has already been completed, and the advantages to this tourist City in approving the event. Following further discussion, it was moved by Alderman Janvary, seconded by Alderman Chessman, that the recommendation of the Municipal Works Committee to have the Niagara Classic Bicycle Races in the Queen Street area on August 7th, 1986, be approved. The motion Carried with the following vote: AYE: Aldermen Baker, Cheesman, Coville, Harrington, Hinsperger, Janvary, Pay, and Puttick. NAYE: Alderman Cummings, and Hopkins. Members of Council adjourned to Committee Rooms #2 & 3 for a Special Meeting respecting Bingo Operations in the City of Niagara Falls. READ AND AD ED, , rTY CLER _ACTING MAYOR RICHARD~RRINGTON THIRTY-THIRD MEETING SPECIAL bIEETING Committee Rooms #2 & 3 July 21, 1986 Council met on Monday, July 21st, 1986, at 7:00 p.m. for the purpose of considering Bingo Operations in Niagara Falls. All members of Council, with the exception of His Worship Mayor Smeaton, and Alderman Orr, were present. Acting Mayor Harrington presided as Chairman. REPORT Report No. 358 - Chief Administrative Officer - Re: Bingo Operations in Niagara Falls. The report provides background information regarding a meeting between Mr. Ted Paradis, Acting Director, Lotteries Branch of the Ministry of Consumer & Commercial Relations, Alderman Chessman, and the Lottery Licensing Inspector; as well as information regarding Busing, Lottery Reporting, Task Force Report, Committees, and Raffles and Nevada Tickets; and recommends that Council consider the information in the report and determine the policy it wishes to approve regarding busing to bingo. - AND - Communication Bo. 239 - Mi~z[stry of Consumer & Commercial Relations - Re: July 7, 1986 Meeting Concerning Busing & Bingo Operations in Niagara Falls. The communication advises that the Lotteries Branch is not in favour of busing, but that each municipality must make its own decision based on the best interests of the community and charitable groups, and that the operation of the event remains within the terms and conditions for Bingos in Ontario. - AND - Cosmmnication No. 222 - Wayne Fowler (DEFERRED 1986 07 14) - Re: Busing to BinBog. The communication discusses 4 proposals with respect to busing to binBog. -AND - Cosmunieations No. 240A - Larry Ignace, 126th Squadron Air Cadets Parents Au~lliaryBingo; - No, 240B - Bill Muir, Bingo Chairman, Stamford Centre Volunteer Firmmeu's Association; - No. 240C - D. Kameny, Vice-Presidents Niagara Strings Inc.; -NO. 240D - D. Kamen~, Chairman, Niagara Peninm,l~ Canadian- Hungarian Cultural & Sport Centre; - No. 240E - Marg Ballam, Presidents Navy League of Canada, and Terry Welch, Lieut., Commanding Officer, Royal Canadian Sea Cadet Corps Niagara. The communications request Council to authorize busing to binBog. Aldermen Cummings, and Hinsperger declared conflicts of interest because they are members of organizations which conduct bingos. Mr. Ted Paradis, Acting Director, and Mr. Ray McKenna, Lotteries Branch, Ministry of Consumer & Commercial Relations were in attendance to provide information and support to the Municipal Council and the Mayor, as well as to respond to questions raised. Mr. Parsdis stated that the Terms and Conditions had been designed to establish a "framework for bingo" across the Province, and explained that the Provincial licence is issued, to charitable groups and service groups, by the Municipality for raising funds as a benefit for community and religious purposes. He etated that any deviation from this policy would be illegal under the Criminal Code. Mr. Wayne Fowler, Monte Carlo Club; Mr. Dominic Leone, Sertoma Club, Roman Court; Mr. Joe Vigna, St. Patrick's Church; Mr. Kim Craitor, Labour Council; Mr. Larry Ignace, Optimist Club; Mr. Dick Kemeny, Niagara Strings and the Canadian- Canadian-Hungarian Culture & Sports Centre; Mr. John Himes, Kinsmen Club; Lena Kinghorn, Canadian Corps, Roman Court; Mr. Rink Carpenter, Golden Nugget; Mr. William Cooper; Margaret Ballam, Navy League, Monte Carlo; Martin Coyetche, on behalf of a number of Clubs; Lila DeVilleg, CarmelSchool Parents' Auxiliary; and others were in attendance. - 2- The Provincial representatives, and the Lottery Licensing Inspector replied to questions raised regarding the Provincial Order in Council dealing with bingo guidelines; expenses incurred in the administration of binSos; rental versus ownership of Club halls; loss of profits during the sunLmer season; busing to binSos; transfer of location; reporting on binSos; and the anticipated date of distribution of the Provincial Task Force report on binSos. Appreciation was expressed to Mr. Parsdis and Mr. McKenna for their attendance and participation at the meeting. It was moved by Alderman Puttick, seconded by Alderman Janvary, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, -, .--.,, / ' ACTING MAYOR RICHARD J~RRINGTON THIRTY-FOURTH MEETING COMMITTEE OF THE W}IOLE Committee Rooms #1 July 28, 1986 Council met on Monday, July 28th, 1986 at 7:15 p.m. in Committee of the Whole. All members of Council, with the exception of His Worship Mayor Smeaton, and Aldermen Campbell, Orr, and Puttick, were present. Alderman Janvary presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose without reporting. READ AND ~/OPTED, ~ETING ACTING MAYOR CHARLES CHEESMAN Council Chambers July 28, 1986 Council met on Monday, July 28th, 1986 at 7:30 p.m. for the purpose of considering general business. All members of Council, with the exception of His Worship Mayor Smeaton, and Aldermen Campbell, Orr, and Puttick, were present. Acting Mayor Charles Chessman presided as Chairman. Alderman Janvary offered the Opening Prayer. )i ADOPTION OF MINUTES Alderman Pay stated that the minutes of the Special Meeting held July 7th, should be amended to read that he, rather than Alderman Campbell, had initiated a discussion regarding zero based budgetting. ORDERED on the motion of Alderman Cummings, seconded by Alderman Htnsperger, that the amended minutes of the Special Meeting held July 7th, 1986, and the minutes of the meeting held July 14th, 1986 be adopted as printed. Carried Unanimously. DEPUTATION PROCLAMATION - "UNION LABEL WEEK" - AND - UNEMPLOYED CARBORUNDUM EMPLOYEES Cosmunication lqo. 241 - Klm Gary traitor, President, The Niagara Falls & District Labour Council - Re: "Union Label Week". The communication asks that Council proclaim the week of September 1 to 6, 1986, as "Union Label Week". Mr. Craitor was in attendance, and explained the benefits of this proclamation to communities. ORDERED on the motion of Alderman Cummings, seconded by Alderman ginsperger, that the request be granted subject to established policy. Carried Unanimously. Mr. Craitor discussed the situation with respect to the unemployed, former employees of Carborundum Abrasives Inc. who lost their Jobs last year through the plant shutdown. He stated that of the 110 workers affected, some took early retirement with a full pensions others were entitled to a reduced pension~ and the remainder were entitled to a cash settlement or R.R.S.P. Following a discussion on the matter, it was moved by Alderman Pay, seconded By Alderman Janvary, that a letter be forwarded to Carborundum Abrasives Inc. asking that cheques be sent to the former employees as soon as Possible; and that the Ontario Pension Commission be advised of Councfl's concern regarding this situation. It was further recommended that a letter be sent to the Honourable Vince Kerrio's office requesting that the concerns of Council be relayed to the Ontario Pension Commission in Toronto, and further details obtained concerning the delay. Carried Unanimausl7. L -2- NEAR DROWNING - WELLAND RIVER The City Clerk explained the details regarding the near drowning of Cathy Weaver, on Friday, July 25th, 1986, in the Welland River. She had been rescued L on' by Mr. Tim Quinn, 4336 Lyon'e Creek Road, and Mr. Ross Simpson, 4326 y s Creek Road. The submission of the Area Deputy Chief, Station 4, Niagara Falls Fire Department, recommended that the efforts of Messrs. Quinn and Simpson be recognized by the co~mnunity and its officials. ORDERED on the motion of Alderman Hinsperger, seconded hy Alderman Harrington, that the written submission he forwarded to the Honourable Vince Kerris, M.L.A., and Rob Nicholson, M.P., for recognition; and further, that the Mayor'e office recognize the heroic efforts of the two citizens. Carried Unanimously- UNFINISHED BUSINESS "NO PARKING RESTRICTION" - FIRST AVENUE - Report No. 360.- Municipal Parking & Traffic C~mmfttee - Re: MW-86-70, "No Parking Restriction" - First Avenue. The report recommends the following: 1) That a "No Parking" zone be established on the west side of First Avenue between the hours of 8:00 a.m. and 5:00 p.m., from a point 168 feet north of the intersection of Mortises Street and First Avenue, to a point 222 feet north of this intersection; and 2) That the appropriate by-law he amended to cover the above-mentioned recommendation. Alderman Janvary stated that the neighbouts were still concerned about the No Parking. 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, Covllle, Cummings, Herrington, Hinsperger, Hopkins, and Pay. NAYE: Alderman Janvary. ASCOT WOODS/INDUSTRIAL CONCERNS - AND - PROPOSED PLAN OF SUBDIVISION, "ASCOT WOODS (EXTN. 2) SUBDIVISION" - Report Re. 361A - CMef Admltttstratfve Offfear - Re: Ascot Woods/Industrial Concerns (PD/84/86). The report provides historical information regarding the aforementioned; discusses Secondary Planning Considerations, and Interface Considerations; and recommends that the report be received and filed for the information of Council. Report !~o. 361B - Chief Administrative Officer - Re: Proposed Plan of Subdivision, "Ascot Woods (Extn. 2) Subdivision", File No. 26T-86015. The report recommends that the Ascot Woods (Extn. 2) Subdivision he given preliminary approval subject to the conditions enumerated in this report. Mr. John Gritno, Niagara Block Inc., referred to his written report which had been submitted to Council on June 23, 1986, expressing concerns respecting the proposed plan of subdivision, and stated that the recommendations in the report would help to alleviate the situation. Be discussed the increased traffic problems on Mostrose Road in conjunction with an additional entry, and suggested extending Highway 420 with an entry to it from Kalar Road. Mr. Grime pointed out that a covenant regarding noise from nearby induetr~es should he included in deeds to lots in the proposed subdivision. Mr. Treat Hodgson, HodSson's Steel & Ironworks Ltd., advised that this company ~orks 24 hours per day; that Hodgson's Steel was represented at the Ontario Municipal Board Hearing in 1979, and have on file a letter from Peter S. Mann, Solicitor, which includes the findings and recommendations regarding the Ascot Woods development, and submitted this communication for the information of Council. II -3 - The Senior Planner responded to questions raised with respect to the suggested extension of Highway 420 and entry from Dorchester Road, as well as the need for the submission of a plan of subdivision and an acoustical study. The Maintenance & Operations Engineer discussed the traffic flow in conjunction with the proposed entry to Highway 420 from Montrose Road, and the desirability of having fewer collector roads. He further discussed the additional traffic generated by residential development necessitating the widening of Montrose Road, which is a Regional responsibility and therefore, would be a cost sharing venture. ORDERED on the motion of Alderman Pay, seconded by Alderman Janvary, that the reports be received and adopted, and the submissions be received and filed. Carried Unanimously. BINGO OPERATIONS IN NIAGARA FALLS - Report No. 362 - Chief Administrative Officer - Re: Bingo Operations in Niagara Falls. The report provides information regarding the conslderatlon of Btngo Operations in Niagara Falls, at recent meetings, and recommends that the contents of this report be noted and that it be received and filed. Aldermen Cummings and lIinsperger declared conflicts of interest because they are members of organizations which conduct bingee. The Lottery Licensing Inspector replied to questions raised regarding the anticipated date of distribution of the Task Force report on Bingo operations in Ontario. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hopkins, that the report be received and adopted. The motion Carried with Aldermen Cummings, and Hinsperger abstaining from the vote on conflicts of interest previously recorded, and with the following vote: AYE: Aldermen Baker, Covtlle~ Harrington, Hopkins, and Janvary. NAYE: Alderman Pay. COMMUNICATIONS No. 242 - F. Jack ffpton - Re: Insurance Companies Charges for Impaired Drivers. The communication requests consideration of the high increases in insurance rates for impaired drivers, and requests adjustment to more reasonable levels. During the discussion, concern was expressed with respect to the current policy of insurance companies placing unjust restrictions upon the families of driving offenders; the recent increase in accidents, and large settlements granted by the Courts. Acting Mayor Chessman discussed the need for this legislation. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be referred to the Honourable Vince Kerris, M.L.A., and to Mr. Mel Swartz, M.L.A,, N.D.P. Task Force on Insurance, Welland. The motion Carried with the following vote: AYE: Aldermen Baker, Coville, Cummings, Harrtngton, Htnsperger, Hopkins, Janvary, and Pay. NAYE: Acting Mayor Chessman. So. 243 - Steve & Mary ekelacy - Re: Britannia Crescent/Condition of Sidewalk. The communication asks Council to consider improvements to the sidewalk on Britannia Crescent at an early date. ORDERED on the motion of Alderman Pay, seconded by Alderman Harrington, that the communication be received and referred to Staff for a report. Carried Unanimously. No, 244 o C.W. Cater, Chairman, Ontsrlo LeSleZattve Comalttee, Canadian Railway Labour Association - Re: Cabooseless Freight Trains In Canada. The communication requests that Council contact the Minister of Transport, and Secretary of the Railway Transport Commission asking that Public Hearings be called across the country regarding Cabooseless Tralns. ORDERED on the motion of Alderman Herrington, seconded by Alderman Baker, that the request be supported· Carried Unanimously. L -4- Me. 245 - Doris J. Msran Nigu8 - Re: Reduction & Recycling. The communication requests consideration of, and comments, regarding maximizing reclamation, reduction, reuse, and recycling; and minimizing disposal. ORDERED on the motion of Alderman Coville, seconded by Alderman Hinsperger, that the conmmnication be referred to the Environmental Committee for comments. Carried Unanimously. No. 246 - Niagara Grape & Wine Festival - Re: Festival Events. The communication requests the approval of Council regarding the Niagara Classic Bicycle races on September 26, 1986; the Niagara Falls Flea Market on September 21, and 28, 1986; and the Niagara Falls United Way chili cook-off scheduled for September 20th, 1986. ORDERED on the motion of Alderman Pay, seconded by Alderman Harrington, that the communication be received and the events approved. Carried Unanimously. No. 247 - Regional Niagara Senior Citizens Department - Re: Committee of Adjustment Denial of Satellite Group Home in Niagara Falls. The communication outlines specific qualifications, and concerns regarding the aforementioned. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Harrington, that the communication be referred to the Committee of Adjustment, with a copy to the Social Planning Council, and further, that the Regional Niagara Senior Citizens Department be advised of the action taken. Carried Unanimously. Me. 248 - United Transportatlen U-~on - Re: "International Day of Mourning". The communication requests Council to proclaim April 28th, 1987 as the official day of mourning. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the request be approved subject to established policy. Carried Unanimously. No. 249 - Multiple Sclerost8 Society, Niagara - Re: "Multiple Sclerosis Awareness Day". The communication asks that Council proclaim August 15th, 1987 as "Multiple Sclerosis Day". ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the request be approved subject to established policy. Carried Unanimously. No. 250 -K sin & Ferry BusinseeAssociatian - Re: "Annual Peach Festival". The communication requests Council to approve the temporary closing of part of Main Street on August 16th, 1986; and to proclaim the week of August 16th, to 23rd, 1986, as "Peach Festival Week". ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the request for the temporary road closing be approved; and further, that the request for the proclamation be approved subject to established policy. Carried Unanimously. See By-law No. 86-158. IWo. 251 - Law Enforcement Tournament - Re: International Law Enforcement Slo-Pitch Tournament - September 28 - 29, 1986 at the Niagara Sports Complex on Montrose Road. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Pays seconded by Alderman Hinsperger, that the request of the Law Enforcement Tournament for a special occasion permit for its International Law Enforcement Slo-Pitch Tournament to be held September 28th, and 29the 1986, at the Niagara Sports Complex on Montrose Road, Niagara Fallas be granted subject to the approval of the Regional Police Department, the Niagara Falls Fire Departments the Niagara District Health Units and the Liquor Licensing Board of Ontario. Carried Unanimously .... ,. !~o. 252 - Creek-Canadian Cosaunity Association of Niagara - Rel Annual Greek Festival - October 17 - 19, 1986, Greek Cultural Centre. The communica- tion requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Pays seconded by Alderman Ninspergers that the request of the Greek-Canadian Community Association of Niagara for a special occasion permit for its Annual Greek Festival to be held October 17th, 18th, and 19th, 1986, at the Greek Cultural Centre, 2349 Stanley Avenue, Niagara Falls; be granted subject to the approval of the Regional Police Departments the Niagara Falls Fire Department, the Niagar~ District Health Unit, and the Liquor Licensing Board of Ontario. Carried Unanimously. So. 253 - The Royal Canadian Legion - Re: Annual Family Picnic - September 27th, 1986 at 3860 Legion Street. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the request of The Royal Canadian Legion for a special occasion permit for its Annual Family Picnic to be held September 27th, 1986, at the Legion Hall on 3860 Legion Street, 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. 254 - Niagara Falls Canucks - Re: Slo-Pftch Tournament - August 15 - 17, 1986 at Cupolo Park. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Pays seconded by Alderman Hinsperger, that the request of the Niagara Falls Canucks for a special occasion permit for its Slo-Pitch Tournament to be held August 15th, 16th, and 17th, 1986, at Cupolo Park, be granted subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Niagara District Health Unit, and tile Liquor Licensing Board of Ontario. Carried Unanimously. No. 255 - The Optimist Club - Re: Slo-Pitch Tournaments - September 4 - 7, and 11 - 14, 1986, at the Optimist Park - AND - September 6 and 13, 1986 at the Jack Bell Arena. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the request of The Optimist Club, for special occasion permits for its Slo-Pitch Tournaments to be held on September 4th, 5th, 6th, 7th, and llth, 12th, 13th, and 14 ths 1986, at the Optimist Park; and on September 6th, and 13th, 1986, at the Jack Bell Arena, Niagara Falls, 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. 256 - Club Aloneits - Re: Club Alouette Picnic - August 24, 1986, at Firemen's Park. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the request of Club Alonetie, for a special occasion permit for the Club Alonetie Picnic, to be held on August 24th, 1986 at Firemen's Park, Niagara Falls, be granted subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Niagara District Health Unit, and the Liquor Licens- ing Board of Ontario. Carried Unanimously. So. 257 - Niagara Regional Police Force - Re: 15th Invitational All Police Fastball Tournament - September 19 - 21, 1986, Ker Park. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the request of the Niagara Regional Police Force for a special occasion permit for its 15th Invitational All Police Fastball Tournament, to be held on September 19th, 20th, and 21st, 1986, at Ker Parks Niagara Falls, be granted 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 go. 363 - Chief Adainistrative Officer - Re: R-86-30, Diesel Power Riding Mower. The report recommends that the quote submitted by Turf Care R.M.C. Equipment Limited for one 1986 TORO Groundsmaster Diesel Mower for a price of $11,585.00 be accepted. ORDERED on the motion of Alderman Cummingss seconded by Alderman Hinsperger, that the report be received and adopted. Carried UnaE Me. 364 - Chief Administrative Officer - Re: PD/85/86, Planning Department Annual Report 1985, The report provides an overview and summary of activities during 1985; describes the role and function of municipal planning; and serves as a reference for community grouper service organizations, developers and the business community. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and illads with appreciation to the Planning Department. Carried Unanimously. , . . . 6 - b - No. 365 - Chief Administrative Officer - Re: Moving of house from 6039 Stanley Avenue to 6074 Village Crescent. The report provides background infor- mation regarding the moving of a house from one location to another, discusses compliance with the Zoning By-law and Building Code, and recommends that the report be received and filed. A discussion followed regarding the awareness of residents in the area in connection with the proposed move. ORDERED on the motion of Alderman Janvary, seconded by Alderman Harrington, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Coville, Herrington, Hinsperger, Hopkins, and Janvary. NAYE: Aldermen Cummings, and Pay. No. 366 - Chief Administrative Officer - Re: Site Plan Approval, Proposed Parking Area for Bettyss Restaurant (By-law No. 86-144), 8911Sodom Road. The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed parking area, and the site plan being drawing number 1A dated July 8th, 1986, and filed with the Buildings and Inspections Department of the City of Niagara Palls on July 18th, 1986, and that such approval be subject to the conditions contained in the report. ORDERED on the motion of Alderman Janvary, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. leo. 367 - Chief Administrative Officer - Re: Edland Building Systems Inc. vs Can Mar Manufacturing Inc. and The Corporation of the City of Niagara Falls - Lot 21, Palls Industrial Park Plan 243. The report recommends that Council authorize the giving of the acknowledgemania and assurances requested in the attached letter dated July 7th, 1986 from Messrs. Dingle, Charlebois and Swybrous, subject to the comments noted in the report with respect to Item 1, and subject to the condition that all parties consent to the discontinuance of the court action against the City of Niagara Falls. ORDERED on the motion of Alderman Pay, seconded by Alderman Janvarys that the report be received and adopted. Carried Unanimously. No. 368 - People Mover Steering Coselites - Re: MW-86-OS, Tourist Impact Study. The report recommends that Council authorize an expenditure of $6,500.00 towards the cost of an economic impact study being carried out by the Niagara Falls Tourist Industry. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. No. 369 - Chief Administrative Officer - Re: MW-86-62, Contract W.I. 14-86 - Watermain Installation on Mentress Road from Thorold Stone Road to Scholfield Road. The report recommends that the unit prices submitted by the low tendeter, Alfred Beam Excavating, be accepted and that this contract be awarded. ORDERED on the motion of Alderman Pay, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimously. See Resolution No. 59. See By-law No. 86-161. · o. 370 - Municipal Works Committee - Re: ~f~-86-69, Committee Reports. The report recommends the following: l) MW-86-60, Municipal Float - It is recommended that City Employees, through C.U.P.E. Local 133 be authorized to operate the City Float on the terms set out in the attached letter; It is further recommended that the Executive and Membership of Local 133 of the Canadian Union of Public Employees be thanked for their offer and assistance, 2) t~-86-64, Portage Road Slope Stability - It is recommended that Staff be authorized to engage the services of R.V. Anderson & Associates Ltd. at an estimated cost of $1,500.00, and the services of Trow Ontario Ltd. at an estimated cost of $6,000.00 to investi- gate remedial action required in relation to slope stabilization on the east bank of Portage Road o~posite Mount Carmel, -7- 3) MW-86-66, Maintenance Works on Garner Road As a Result of Not Awarding Contract C.M. 11-86 - It is recommended: a) That $45,000.00 of the budgeted $90,000.00 for cold mix pavement be used to carry out road repairs on Garner Road from McLeod Road to Lundy's Lane; and b) That the remaining $45,000.00 be set aside to defray part of the cost of the repairs anticipated on Portage Road in the area of Mount Carmel. Alderman Cummings questioned the recommendation in Item No. 2, withoct tenders being called, The Director of Municipal Works explained that this case had been recommended "on its own merits, and in the best interests of the City". ORDERED on the motion of Alderman Pay, seconded by Alderman Hopkins, that the report be received and adopted. The motion Carried with Alderman Cummings voting contrary on Item No. 2, and all others in favour. No, 371 - Chief Administrative Officer - Re: MW-86-73, (1) Sewer System Agreement Between the City and Cyanamid Canada Inc., and (2) Pipe Crossing Agreement Between the City and Canadian National Railway Company. The report recommends that the by-law appearing on tonight's Council ageads be given the necessary readings to authorize the execution of: 1) Sewer System Agreement between the City and Cyanamid Canada Inc.; and 2) Pipe Crossing Agreement between the City and Canadian National Railway Company. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 86-155. No, 372 - Chief Administrative Officer - Re: NW-86-74, Underground Servicing of Lots 63 to 76 Inclusive, Ascot Woods Subdivision, Plan NS-39 - Removal of Existing Retention Pond. The report recommends that the unit prices submitted by Provincial Construction (Niagara Palls) Limited be accepted for the above ~ork, and that the by-law authorizing the agreement be approved. ORDERED ou the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 86-162. No, 373 - Chief Administrative Officer - Re: MW-86-75, Request for Sanitary Sewer Extension to 4600 Mentress Road - Fidelity Leather & Vinyl Products Ltd. The report recommends the following: 1) That the City extend a sanitary sewermain on Mentress Road from its present location at Moatrose Road and Chorozy Street southerly, a distance of 113 meters; 2) That the cost of this extension be shared with Fidelity Leather & Vinyl Products Ltd., the City*s share being for 65 m of sewermain at an estimated cost of $14,000.00 and Fidelityts share being for 48 m of sewermain at an estimated cost of $9,000.00; 3) That the City's share of this work be charged to the current budget contribution to capital projects account. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted, Carried Unanimously. No, 374 - Chief Administrative Officer - Re: ~-86-76, Rearyard Grading Inspection and Closing of the Account for Monroe Extension Subdivision, Registered Plan M-91, The report recommends that the Finance Department proceed with the final accounting of this subdivision. A discussion followed regarding the notification to homeowners regarding rearyard grading. ORDERED on the motion of Alderman Coyills, seconded by Alderman Cummings, that the report he received and adopted. Carried Unanimously. - 8- ORDERED on the motion of Alderman Janvary, seconded by Alderman Pay, that the matter of notification to homeowners respecting compliance with the rearyard lot grading policy be referred to Staff. Carried Unanimously. No. 375 - Chief Administrative Officer - Re: W~-86-77, Contract S.L. 16-86 - General Maintenance, Pole Replacement, and Installation of New Street Lighting Fixtures. The report recommends the following: 1) That the tenders submitted by Ground Aerial Maintenance Services and Bill Kennedy Electric be opened; and 2) That Staff present a report to the next meeting of Council with respect to award of the contract. Mrs. Bill Kennedy, Mr. Larry Vaughan, and Mr. P. Weinmann, who were in attendance at the meeting, declined to comment. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 376 - Chief ~m~nistrative Officer - Re: 1985 Consolidated Financial Statements. The report recommends that Council receive, review and file the attached consolidated statements for 1985. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. Boo 377 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $4,900,695.04 for the two week period ending July 28th, 1986 be approved by the passing of the by-law appearing later on the ageads. Alderman Cheesman declared a conflict of interest on Cheque No. 17835 because his wife is employed with the organization. Alderman Cummings declared a conflict of interest on Cheque No. 17850 because a member of his family is involved with the program. Alderman Hfnsperger declared a conflict of interest on Cheques No. 17820, and 17940 because he is employed with the company. Additional information was provided on Cheque8 No. 17815, 17860, 17915, and 17939. ORDERED on the motion of Alderman Pay, seconded by Alderman Janvary, that the report be received and adopted. The motion Carried with Aldermen Cheesman, C~mfngs, and Hinsperger, abstaining from the vote on Cheques No. 17835, 17850, 17820, and 17940 consecutively, on conflicts of interest previously recorded; and all others voting in fayour. go. 378 - Chief Administrative Officer - Re: AM-11/85, Restricted Area By-law No. 86-72, C. Basile. The report recommends that the date of the Ontario Municipal Board Hearing be noted, AND that this report be received and filed. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. go, 379 - Chief Adainietrativm Officer - Re: Application for Provincial Bingo Licenee -Kinette Club. The report recommends: 1) That the application of the Kinerrs Club of Niagara Falls for permission to conduct a Bingo Lottery at the Monte Carlo Bingo Hall on October 4, 1986, with prizes amounting to $7,000.00, be approved in principle and forwarded to the Provincial Authorities requesting issuance of the licenee; and 2) That the policy respecting Provincial Bingo Lottery Liceaces outlined in the report be adopted. Alderman Cummings, and Hinsperger declared conflicts of interest because they are members of organizations which conduct bingos. Mr. Paul Heath, Kinette Club, discussed the 3 Provineially approved bingos which the Club had sponsored during the past one and one-half years, the initial bingo having been approved by City Council. Me stated that this matter was 9 submitted to Council for consideration because of a change in the location of the bingo hall. Mr. Heath further stated that the two bingos which did not meet Provincial requirements had been reviewed, and a decision had been made to reduce the prizes, and reduce expenses. He expressed agreement with (a), (b), and (d) of the proposed policies, however, conveyed his concern respecting number (c) which states: "No organization which has received a licence for any other bingo lottery in the preceding twelve months may receive approval for this The City Clerk, and the Lottery Licensing Inspector, responded to questions raised regarding the proposed policy guidelines, and the number of mammoth bingos which had taken place in the past. Mr. Wayne Fowler, Manager, Monte Carlo Hall, stated that this proposal was to move from the Arena into a Hall. Mr. Kim traitor, President of the Niagara Falls Labour Council, expressed concern regarding the prematurity of mammoth bingos at this time. ORDERED on the motion of Alderman Baker, seconded by Alderman Coville, that the report be received and adopted, subject to deletion of the proposed policy guidelines at this time. The motion was Defeated with Aldermen Cummings, and Hinsperger abstaining from the vote on conflicts of interest previously recorded, and with the following vote: AYE: Aldermen Baker, Coville, and Janvary. NAYE: Aldermen Herrington, Hopkins, and Pay. Following further discussion, it was moved by Alderman Hopkins, seconded by Alderman Herrington, that the report be received and adopted, and the proposed policy guidelines followed for the period of one year. The motion Carried with Aldermen Cummings, and Hinsperger abstaining from the vote on conflicts of interest previously recorded, and with the following vote: AYE: Aldermen Coville, Herrington, Hopkins, and Janvary. NAYE: Aldermen Baker, and Pay. No. 380 - Chief Administrative Officer - Re: Green Oakes Mobile Home Park Ltd. The report provides an up-to-date report on actions taken respecting the Green Oakes Mobile ttome Park Ltd., and recommends that the contents of this report be noted and that it be received and filed. ORDERED on the motion of Alderman Baker, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. RESOLUTIONS Noo 58 - CI~4I!IGS - HINSPER~KR - RESOLVED that the following Aldermen be appointed as voting delegates at the Annual Conference of the Association of Municipalities of Ontario, to be held at the Royal York Hotel in Toronto, from August 24th, to 27th, 1986: Cheesman, Charles; Harrington, Richard; Pay, Jim; Puttick, Norm; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. Boo 59 - PAY - HOPKINS - RESOLVED that the unit prices submitted by Alfred Beam Excavating for Contract W.I. 14-86, Watermain Installation on Nontrose Road from Thorold Stone Road to ScholfieldRoad, be accepted st the low tendered amount of $276,321t65; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl~. - 10 - BY-LAWS ORDERED on the motlon of Alderman Cummings, seconded by Alderman Pay, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 86-155 - A by-law to authorize the execution of agreements with Cyanamld Canada Inc. and Canadian National Railway Company respecting the installation of a sanitary sewerage system on part of Fourth Avenue and its northerly extension. No. g6-156 - A by-law to authorize the execution of an agreement with J. Bryon Wlebe Ltd. for consulting services respecting a report on rural drainage problems and possible solutions in the City of Niagara Falls. Noo 86-151 - A by-law to authorize an agreement with 583180 Ontario Limited, carrying on business as The Niagara Classlc Bicycle Races. Noo 86-158 - A by-law to close a portion of Main Street to vehicular traffic on a temporary basis. Noo 86-159 - A by-law to close portions of Queen Street, Huron Street, St. Lawrence Avenue, Zimmerman Avenue, Crysler Avenue, St. Clair Avenue, Ontario Avenue, Erie Avenue, Park Street and Morrison Street. No. 86-160 - A by-law to provide monies for general purposes. No. 86-161 - A by-law to authorize the execution of an agreement with Alfred Beam Excavating Limited for watermain installation on Montrose Road from Thorold Stone Road to Scholfield Road. No. 86-162 - A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for sewermains, watermains and base road construction in the Ascot Woods Extension Plan of Subdivision. The motion Carried with Aldermen Chessman, Cummings, and Hinsperger, abstaining from the vote on By-law No. 86-160 on conflicts of interest previously recorded in Report No. 367; and all others voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hlnsperger, that the following by-laws be now read a second and third tlme: No, 86-155 - A by-law to authorize the execution of agreements with Cyanamid Canada Inc. and Canadian Natlonal Railway Company respecting the installation of a sanltary sewerage system on part of Fourth Avenue and its northerly extension. Boo 86-156 - A by-law to authorize the execution of an agreement with J. Bryon Wiebe Ltd. for consulting services respecting a report on rural drainage problems and possible solutions in the.City of Niagara Falls. leo, 86-157 - A by-law to authorize an agreement with 583180 Ontario Limlted, carrying on business as The Niagara Classic Bicycle Races. No, 86-158 - A by-law to close a portion of Main Street to vehicular traffic on a temporary basis, No, 88-159 - A by-law to close portions of Queen Street, Huron Street, St. Lawrence Avenue, Zl~maerman Avenue~ Crysler Avenue, St, Clalr Avenue, Ontario Avenue, Erie Avenue, Fark Street and Morrison Street. , 86-160 - A by-law to provide monies for general purposes. - 11 - No, 86-161 - A by-law to authorize the execution of an agreement with Alfred Beam Excavating Limited for watermain installation on Montrose Road from Thorold Stone Road to Scholfleld Road. No, 86-162 - A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for sewermains, watermains and base road construction in the Ascot Woods Extension Plan of Subdivision. The motion Carried with Aldermen Cheesman, Cummings, and Hlnsperger, abstaining from the vote on By-law No. 86-160 on conflicts of interest previously recorded; and all others voting in favour. NEW BUSINESS ITEMS OF CONCERN: Mail Box/Stanley Avenue & MoRse Street - Alderman Cummings discussed the traffic congestion, and near accidents, fn the area of the Mail Box at the aforementioned location, and advised that the Manager of the Avondale Store at the Plaza across the street was in agreement with locating the box there. He asked the Chief Administrative Officer to investigate the situation and submit a report. Gasoline Prices/Niagara Palls - Alderman Pay discussed the hlgh prlce of gasoline in Niagara Palls, in comparison with other areas in the Province of Ontario. ORDERED on the motion of Alderman Pay, seconded by Alderman Janvary, that a letter of concern be forwarded to the price-setting authority respecting gasoline prices. and advising of the inequity of the situation, and unfairness to local residents and tourists in the area. Cartled Unanimous17. By-lavNo. 73/BIcycles - Alderman Cummings reviewed and discussed the aforementioned by-law, and suggested that there were other, out-dated by-laws still in effect in the Clty, which should be deleted, or amended. ITEMS OF INTEREST: Lubrizol Landscaping - ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that a letter of recognition and appreciation be forwarded to Lubrizol of Canada Ltd., 5800 Thorold Stone Road, respecting the floral display on their property. Carried Unanimously. Appreciation - Alderman Harrington referred to a recent visit from American relatives who were very favoursbly impressed with the City of Niagara Falls, and the area cared for by the Niagara Parks Commission, as well as with helpfulness of City Staff. Canada Day Celebration - ORDERED on the motion of Alderman Janvary, seconded by Alderman Pay, that the report regarding the evaluation of the Canada Day Celebration be received and submitted to Council. Carried Unanimously. It was moved by Alderman Hinsperger, seconded by Alderman Coville, meeting adjourn. that the READ AND THIRTY-FIFTH MEETING CO~4ITTEE OF THE WHOLE Committee Room #1 August 11, 1986 Council met on Monday, August llth, 1986, at 7:15 p.m. in Committee of the Whole. All members of Council were present with the exception of Alderman Chessman. Alderman Pay presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose to report in open session. READ AND ADOPTED, BARBARA G. SCOTT, DEPUTY CLERK S. SMEATON PLANNING/REGULAR MEETING Council Chambers August 11, 1986 Council met on Monday, August llth, 1986, at 7:30 p.m. for the purpose of considering Planning Matters and regular business. All members of Council, with the exception of Alderman Chessman, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Pay offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the minutes of the two special meetings held July 21st, 1986, and the minutes of the meeting held July 28th, 1986, be adopted as printed. Carried Unanimously. REPORTS - PLANNING MATTERS Mo. 381 - Chief Adminiatrative Officer - Re: PD-90-86, Zoning Amendment Application AM-20/86, B. Sinclair, C. Antonio, G. Fester, Southeast corner Lyons Creek Road and Stanley Avenue. The report recommends that Council not support the proposed Zoning By-law Amendment as detailed in PD/87/86. - AND - Communication No. 258A - Mr. & Mrs. Jerry Griffin - Re: AM-20/86. The communication expresses objection to the rezoning application for the property located at Stanley Avenue and Lyons Creek Road. - AND - COmmunication NO. 258B - Mr. William Dunscombs- Re: Proposed Zoning Amendment AM-20/86. The communication support8 the proposed amendment. -AND - COmmunication NO, 258C - Regional Hlagara Planning & Development Department ' Re: Preliminary Application-20/86, Proposed Single Family Dwelling, Lyons Creek Road & Stanley Avenue. The communication advises that Regional Planning Staff have serious reservations concerning the proposed development because the minimal area above the floodline does not appear large enough to support the dwelling and the septic tank system, and further that this should be approved only if the Niagara Peninsula Conservation Authority and the Regional Health Services Department indicate that environmental limitations of the site can be resolved satisfactorily. The communication further advises that the Regional Public Works Staff are not opposed to the proposal, but have requested the dedication of a daylighting triangle. · - AND - Communication No- 258D - Brian Sinclair, QoC. - Re: Proposed Zoning Amendment, AF~20/86, Pt. Lot 3, B.F. Conc. (Willoughby). The communication advises that the applicants would be willing to proceed without the boathouse, and further, that they would be in agreement with meeting all requirements of the Health Department and the Conservation Authority. His Worship Mayor Smeaton declared the formal Public Meeting open, and advised that the item to be considered was a proposed by-law amendment. The Deputy City Clerk explained that the application is for a rezoning to permit the construction of a single family dwelling and boat house which is not permitted under the present zoning of Conservation and Open Space. She stated that the property is located on the southeast corner of Lyons Creek Road and Stanley Avenue and has a lot frontage on Lyons Creek Road of 23.75 metres (77.93'), and a depth of 114.3 metres (375'), comprising a total area of 0.238 hec[ares (0.59 acres). The Deputy Clerk further stated that the Public Notices for this a~Rllcat~o~.~re ~ent by first class mail on July 9th, 1986. His Worship Mayor Smeaton explained the procedure to be followed under the Planning Act, 1983. He received a positive response to a request for a show of hands of those persons present who were interested in the application. Mayor Smeaton asked that persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Deputy Clerk prior to leaving the meeting. The Planning Director discussed the subject lands with the assistance of posted sketches. He reviewed the following information contained in the Techni~ cal Report: Zoning By-law Amendment; Official Plan; Surrounding Land Use; Departmental & Agency Comments; and the Planning Review, including the Niagara Falls Official Plan, the Regional Policy Plan, and Site Restrictions- The Planning Director stated that the Planning Department cannot support approval of the application- Mayor Smeaton received a negative response to his request for comments from persons, other than the applicant, in fayour of or against the application- Mr. Brian Sinclair, Solicitor, representing the applicants, provided historical background regarding the subject lands; advised that permits had heen received from the Conservation Authority in 1983 to build a boat house, and a house; and suggested that the matter be tabled to allow the applicants an opportunity to satisfy the Niagara Peninsula Conservation Authority and the Regional Health Services Department. His Worship Mayor Smeaton stated that a deformcut would require additional notices to be forwarded to all residents of the area advising of a future Public Meeting. The Planning Director replied to questions raised regarding fill being added to a wetlands area, as well as current construction in the area. Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinspergers that the matter be tabled. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Covilles Cummings, Hinsperger, Hopkiuss Janvarys Orr, Pay, and Puttick. NAYE: Alderman Harrington. ORDERED on the motion of Alderman Puttick, seconded by Alderman Baker, that the communications be received and filed. Carried Unanimously. Me. 382 ' Chief A~niatrative Officer - Re: PD-88-86, C.A.I.P. 4, Downtown Improvement Project. The report recommends the following: 1) That the appended letter of commitment from the Queen Street BIA to contribute financially towards.the C.A.I.P. 4 Downtown Improvement Project be accepted and filed; -3- 2) That the Ministry of Municipal Affairs be informed by Council resolution of this Municipality's acceptance of the $350,000.00 allocation for the 1986-1987 Commercial Area Improvement Program; 3) That the City of Niagara Falls commit an equivalent amount of $350,000.00 for a 3 year period to provide for an overall budget of $700,000.00 for a C.A.I.P. 4 Downtown Improvement Project; 4) That Staff, in conjunction with the Downtown Revitalization Steering Committee, commence preparation of a Community Improvement Plan for C.A.I.P. 4 purposes, to be submitted to the Province by December 1986. The following representatives of the Downtown Board of Management were in attendance: Mr. J. Bell, Chairman; Mrs. Margaret Nagy, Secretary; and Ms. Llnda Perry, summer student. Mr. Bell expressed appreciation of Council's support on behalf of the B.I.A.; stated that the next phase is improvements to building facades and attempting to create a "better mix of retail on the street"; and stated that people in the downtown area have recognized the rewards of improvements made. The Planning Director reviewed the report, and replied to questions raised with respect to government funding, as well as snow ploughing and sweeping on Queen street, and advised of a scheduled meeting for the consideration of ideas, concepts, and concerns. ORDERED on the nDtion of Alderman Orr, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 60. REGULAR MEETING UNFINISHED BUSINESS CANADA DAY CELEBRATION No. 383 - Civic Cosmittee - CD-86-2, Canada Day Celebration. The report includes an evaluation of the aforementioned Celebration, and attaches a Financial Statement. Alderman Janvary and her Committee were commended for their efforts. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coyills, that the report be received and filed. Carried Unanimously. FORMER CARBORUNDUM EMPLOYEES No. 384 - Acting Malor Chessman - M-86-2, Former Employees of Carborundum. The report advises that the above mentioned company is in the process of issuing cheques to former employees of Carborundum, and reconnnends that the 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. BINGO OPERATIONS IN NIAGARA FALLS No. 385 - Chief Administrative Officer - Re: CD-86-3, Bingo Operations in Niagara Falls. The report recommends that Council endorse a plan to set up group committees and a co-ordinatinS committee for bingo licencees in Niagara Falls. Aldermen Cummings and Hlnsperger declared a conflict of interest because they are members of organizations which operate binSos. ORDERED on the motion of Alderman Janvary, seconded by Alderman Harrington, that the report be received and adopted. The motion Carried with Aldermen Ct~anings and Hinsperger abstaining from the vote on conflicts of interest previously recorded~ and all others voting in fayour. j_ -4- COMMUNICATIONS No. 259 - R~egional Niagara Public Works Department - Re: Water/Sewage Flows Monthly Report. The communication attaches Report DEP-2389 for June 1986. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously- No. 260 - Greater Niagara Safety Council - Re: Parking on City Streets- The communication asks Council to amend City By-laws, with respect to overnight parking on City streets, to allow the parking of vehicles on one side only of the street in older areas of the City, and to increase parking fines- ORDERED on the moLlon of Alderman Cummings, seconded by Alderman Hinsperger, that the communication he referred to the Parking & Traffic Committee for a report. Carried Unanimously. No. 261 - Niagara Falls Black lta~ks Hockey Club - Re: Sis-Pitch Tournament, September 25 - 28, 1986, Niagara Sports Complex, Cupolo Park. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Pay, seconded by Alderman Coyills, that the request of the Niagara Falls Black Hawks Hockey Club, for a special occasion permit for its Sis-Pitch Tournament to be held on September 25, 26, 27, and 1986, at Niagara Sports Complex (Cupolo Park), QEW and Mountain Road, Niagara Falls, 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. RO. 262 - Niagara Falls Psaily Y.N.C.A. - Re: Professional Wrestling & Fun Day, August 24, 1986, Sakes Park. The communication requests a Special Occasion Permit for the event. Alderman Cummings reviewed the schedule of events. His Worship Mayor Smeaton challenged Alderman Puttick to a match. ORDERED on the motion of Alderman Pay, seconded by Alderman Coville, that the request of the Niagara Falls Family Y.M.C.A., for a special occasion permit for its Professional Wrestling and Fun Day to be held on Sunday, August 24, 1986 from 1:30 p.m. to 6:00 p.m., at Sakes Park, 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. i No. 263 - The Royal Canadian Legion (Branch 51) - Re: Family Comradeship & Corn Roast, September 13, 1986 (or October 11, 1986), 5743 Valleyway. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Pay, seconded by Alderman Coyills, that the request of The Royal Canadian Legion (Branch No. 51), for a special occasion permit for its Family Comradeship & Corn Roast to be held on Saturday, September 13, 1986, at 5743 Valleyway, Niagara Falls, 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. go. 264 - City of Windsor - Re: Bill C-75, Assessment of User Fees. The communication askes Council to endorse a resolution opposing Clause 4, Bill C-75 regarding the assessment of user fees to cover the costs of Coast Guard services · ORDERED on the motion of Alderman Pay, seconded by Alderman Janvary, that 'the communication be received and filed. Carried Unanimously. Ro. 265 - Minister of Education - Re: Decision-making Processes of the Niagara South Board of Education. The communication responds to a communication regarding the Organization of Concerned Parents· ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the communication be received and filed· Carried Unanimously. Ro, 266 - The Family Education Centre of the Niqars Region - Re: "National Family Week", The communication asks Council to proclaim the week of October 6th to 12th, 1986 as "National F&mily Week"· ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the reques.t be granted subject to established policy, Carried Unanimously. -5- No. 267 - Downtown Board of Management - Re: Niagara Classic Bike Race. The communication submits the view of the Board regarding the Bike Race. ORDERED on the motion of Alderman ttarrington, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously.. REPORTS No. 386 - Chief Administrative Officer - Re: R-86-32, Monthly Public Swimming - Y.M.C.A. The report provides information regarding the "Y" pool attendance from June 22nd to July 20th, 1986, and recommends that Council receive and file the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously_. No. 387 - Chief Administrative Officer - Re: R-86-33, Fire Alarm System for Stamford/Jack Bell Arenas. The report recommends that the lowest quote submit- ted by Peninsula Communications for a Fire Alarm System in the Stamford/Jack Bell Arenas for a price of $11,620.38, be accepted. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No, 388 - Chief Administrative Officer - Re: R-86-34, Recreation Department Annual Report. The report recommends that the 1985 Annual Report of the Recreation Department be received and filed. The Recreation Staff was commended for an excellent report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No. 389 - Chief Administrative Officer - Re: R-86-35, Concession Agreement for Oakes Park. The report recorranends that Council approve the By-law appearing on this evening's agenda to authorize the execution of a five year agreement for 0ekes Park concession. ORDERED on the motion of Alderman Orr, seconded by Alderman Coyills, that the report be received and adopted. Carried Unanimously. See By-law No. 86-168. ~o. 390 - Chief Administrative Officer - Re: P-86-01, Marketing Report: Long Term Disability Benefit. The report recommends that the existing long term disability insurance policy be renewed with the Canada Life Assurance Company at $3.45 per $100.00 of benefit for the 1986/87 policy year commencing June 1, 1986. The Deputy Clerk advised that the report has been deleted from the Agenda because it appears in part of the Finance Committee report. go. 391 - Chief Administrative Officer - Re: ~-86-78, Agreement for Walker Bros. Quarries Limited, Leachate Disposal Sewer System. The report recommends that Council approve the by-law authorizing execution of an agreement between Walker Bros. Quarries Limited, the Regional Municipality of Niagara, the Town of Niagara-on-the-Lake, and the City of Niagara Falls for a leachate disposal sewer system. His Worship Mayor Smeaton, the Chief Administrative Officer, and the Director of Municipal Works responded to questions raised regarding abutting property owners, and prior approval from the Regional Municipality of Niagara and Niagara-on-the-Lake. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Coville, Cummings, Herringtons Hinsperger, tlopkins, Janvary, Orr, and Puttick. NAYE: Alderman Pay, See g~-law No. 86-167. No, 392 - Chief Administrative Officer - Re: MW-86-81, Contract S.L. 16-86, General Maintenance, Pole Replacement and Installation of New gtreet Lighting Fixtures. The report recommends that the unit prices submitted by Ground Aerial Maintenance Services for Contract S.L. 16-86 be accepted by Council and that this contract be awarded, ORDERED on the motion of Alderman Cummings, seconded by Alderman IlinsperSer, that the report be received and adopted· Carried Unanimousl~, See Resolution No. 60. -6- Be. 393 - Chief Administrative Officer - Re: MW-86-82, Condominium Charges for 3060 Portage Road - Cameo Homes Niagara Limited; and Portage Green Village Condominium - Herman Demote Builders. The report recommends the following: l) That the agreement between the City and Cameo Homes be approved and that the by-law appearing on tonight's ageads also be approved; 2) That the same guidelines used in the Cameo Homes Niagara Limited agreement be used for the Portage Green Village Condominium (Swayze Drive - Herman Demote Builders Ltd.). ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, Carried Unanimously- that the report be received and adopted. See By-law No. 86-171. No. 394 - Chief Administrative Officer - Re: F-86-1, Shamrock Boxing Club Grant - 1986. The report recowa~ends that Council approve of the action of the Finance Committee in granting $1,000.00 to the Shamrock Boxing Club for 1986. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. No, 395 - Finance Comstittee - F-86-2, Finance Committee Reports. The report recommends the following: l) Extension of Long Term Disability Insurance - - It is recommended that the existing long term disability insurance policy be renewed with the Canada Life Insurance Company at the rate of $3.45 per $100.00 of benefit for the 1986/87 policy year commencing June 1, 1986. ODERED on the motion of Alderman Coville, seconded by Alderman Hinsperger, that the recommendation be received and adopted. Carried Unanimously. 2) Peterborough Site Value Assessment Committee - - It is recommended that Council support the request of the City of Peterborough to the Premier of Ontario to arrange with the Minister of Revenue to do a pilot study of Site Value Assessment in the City of Peterborough. t Following a discussion, it was moved by Alderman Cummings, seconded by Alderman Pay, that the matter be deferred until after the Association of Munici- palities Convention in August 1986. The motion was Defeated with the following vote: AYE: Aldermen Cummings, and Pay. NAYE: Aldermen Baker, Campbell, Coville, Herrington, Hinsperger, Hopkins, Janvary, Orr, and Puttick. Following further discussion, it was moved by Alderman Coville, seconded by Alderman Minsperger, that the recommendation be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Coville, Harrington, Hinsperger, Hopkins, Janvary, Orr, and Puttick. NAYE: Aldermen C~mmtngs, and Pay. 3) 1985 Annual Report of the Regional Assessment Commissioner - - It is recommended that the Annual Report - 1985 - of the Regional Assessment Commissioner be received and filed· ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, the recommendation be received and adopted· 'Carried Unanimously, that 4) UNICEF Ontario - - It is recommended that the,City donate the sum of $100.00 to UNICEF Ontario in support of the 1986 UNICEF Hallowsten fund raisinS campaign. -7- Following a brief discussion it was moved by Alderman Cummings, seconded by Alderman Janvary, that the recommendation be received and adopted. The motion was Defeated with the following vote: AYE: Aldermen Baker, Cummings, Harrtngton, Hopkins, and Janvary. NAYE: Aldermen Campbell, Coville, Hinsperger, Orr, Pay, and Puttick. ORDERED on the motion of Alderman Puttick, seconded by Alderman Pay, that the recommendation be received and filed. The motion Carried with the following vote: AYE: Aldermen Campbell, Coville, Hinsperger, Orr, Pay, and Puttick. NAYE: Aldermen Baker, Cummings, Harrington, Hopkins, and Janvary. 5) Niagara Falls Humane Society - - It is recommended that the request of the Humane Society for credit for the revenue raised by fines, for dogs running at large and for failing to have a dog licenee, he granted and that it be reflected as a bookkeeping entry without actual transfer of funds. ORDERED on the motion of Alderman Harrington, that the recommendation be received and adopted. following vote: seconded by Alderman Baker, The motion Carried with the AYE: Aldermen Baker, Campbell, Coville, Harrington, Hinsperger, Hopkins, Janvary, Pay, and Puttick. NAYE: Aldermen Cummings, and Orr. 6) Statement of Revenue & Expenditure - Six month report - - It is recommended that the Statement of Revenue and Expenditure - six month report, be received and filed. ORDERED on the motion of Alderman Pay, seconded by Alderman Harrington, that the recommendation be received and adopted. Carried Unanimously. 7) Niagara Falls & District Labour Council - - It is recommended that the request of the Niagara Falls & District Labour Council for the City's participation in the "Labour Review" magazine be denied. ORDERED on the motion of Alderman Coville, seconded by Alderman Cummings, that the recommendation be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Coville, Cummings, Hinsperger, Hopkins, Orr, and Pay. NAYE: Aldermen Herrington, Janvary, and Puttick. 8) Ontario Provincial Slo-Pttch - - It is recommended that the City purchase a 1/2 page advertisement, at the cost of $350.00, in the official program of the O.V. Provincial Slo-Pitch Championships. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the recommendation be received and adopted. The motion Carried with the following votel AYE: Aldermen Baker, Campbell, Coville, Cummings, Herrington, Hinsperger, Hopkins, Orr, and Puttlck· NAYE: Alderman Pay. 9) Ontario Fire Chiefs' Convention - 1987 - - It is recommended that the Niagara Falls Memorial Arena be made available for the 1987 Ontario Fire Chiefs' Conference at no charge, except any extra costs for additional staff or tenant requirements such as chairs, tables, etc., and the dates of May 4th through May 7th, 1987 are reserved for this occasion· ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the recommendation be received and adopted. Carried Unanimously. -8- No. 396 - Chief Administrative Officer - Re: F-86-3, Municipal Accounts. The report reconnends that the accounts totalling $6,311,308.07 for the period ending August llth, 1986 be approved by the passing of the by-law appearing later on the agenda. Alderman Hinsperger declared conflicts of interest on Cheques No. 18056, and 18179 because he is employed with the company. Additional information was provided on Cheques No. 18055, 18078, 18163, and 18271. ORDERED on the motion of Alderman Janvary, seconded by Alderman Pay, that the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on Cheques No. 18056, and 18179, on conflicts of interest previously recorded; and all others voting in favour. No. 397 - Chief Administrative Officer - Re: Request of Ministry of Health - Proposed Ambulance Centre- The report recommends that the Ministry of Health be advised that the Municipality does not have property available in the Kalar Road, Montrose Road area to lease to the Ministry of Health for a proposed satellite ambulance station. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously- No. 398 - Chief Administrative Officer - Re: PD-98-86, Niagara Parks Commission Controlled Access Highways. The report recommends the following: 1) That City representatives be authorized to meet with and investigate the intent of the Niagara Parks Commission's utilization of the statutory pro- visions respecting controlled access highways; 2) That the other affected Municipalities be supplied with a copy of this report for perusal, and invited to attend the forthcoming meeting. - AND - Communication No. 268 - Nayor Smeaton - Re: M-86-3, Niagara Parks Commission Controlled Access Highways. The communication provides background information regarding legislation with respect to the above mentioned matter, refers to its effect on the Municipality, and urges that a meeting be held as soon as possible, and further, that an attitude of co-operation with the Niagara Parks Commission be maintained. The Chief Administrative Officer provided a summary of the report, and in response to questions raised, stated that, prior to March 1986 when the new legislation was enacted, the Niagara Parks Commission have had some authority under the Public Transportation and Highway Improvement Act, as well as the Niagara Parks Act, but did not necessarily exercise the authority granted to them. He pointed out that under the new legislation the Niagara Parks Commission could exercise control on all properties within specified limits of designated areas, as outlined in the report. His Worship Mayor Smeaton reviewed the communication, referred to the effect of the legislation on the Falls View area, and expressed his concern respecting this matter. He expressed the belief that the matter should be considered by Council whenever necessary until a "working relationship with this legislation' has been established. During the discussion that followed, it was suggested that there should be discussions between the Provincial Government, the office of the Honourable Vince Kerrio, M.L.A,, and Mayor Smeatons with questions being raised regarding the concerns of Council. ORDERED on the motion of Alderman Janvary, seconded by Alderman Baker, that the communication and report be received, and recommendation number 1 in the report adopted. The motion Carried with the following vote: AYE~ Aldermen Baker, Cummings, Harrington, Hinsperger, Janvary, Orr, and Puttick. NAYEZ Aldermen Campbell, Govill¢, Hopkins, and Pay. -9- RESOLUTIONS NO. 60 - C~NCS -HINSPER~ER - RESOLVED that the unit prices submitted by Ground Aerial Maintenance Services for Contract S.L. 16-a6 be accepted at the low tendered amount of $90,200.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. Noo 61 - CU~NGS - HINSPHRGER - RESOLVED that the Corporation of the City of Niagara Falls accept the Province of Ontarto's 1986-1987 Commercial Area Improvement Program allocation of $350,000.00, and having received confirmation from the Queen Street B.I.A. regarding their commitment to assist in the finan- cing of a downtown improvement project, that Council commit an equivalent amount of $350,000.00 for an overall $700,000.00 C.A.I.P. project; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 62 - !~NG~rON - COVILLE - RESOLVED that the Council of the City of Niagara Falls supports the request of the City of Peterborough to have the Province of Ontario arrange to conduct a pilot study of Site Value Assessment In the City of Peterborough through the Ministry of Revenue, and that the City of Peterborough be so advised; ~ the Seal of the Corporation be hereto affixed. The motion Carried with Aldermen Cuunnings, and Pay voting contrary, and all others voting in favour. BY LAWS 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. 86-163 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (O.P.A. 154, River Realty). No. 866164 - A by-law to amend By-law No. 79-200, as amended. (APt-14/86, River Realty). No, 86-165 - A by-law to amend By-law No. 85-238 respecting the 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. (AM-14/86). No. 86-166 - A by-law to amend By-law No. 79-200, as amended. (Vommero, AM-19/86). No. 86-167 - A by-law to authorize an agreement with Walker Brothers Quarries Limited and others. No. 866168 - A by-law to authorize a concession agreement with the Greater Niagara Baseball Association Ladies' Auxiliary for concession rights at Oakes Park. No. 86-169 - A by-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (First Avenue). No. 86-170 - A by-law to provide monies for general purposes. 866171 - A by-law to authorize an agreement with Cameo Homes Niagara Ltd. respecting the proposed Condominium Subdivision at 3060 Portage Road. The motion Carried with Alderman Pay voting contrary on By-law No. 86-167; as Previously recorded in Report No. 391; Alderman Hinsperger abstaining from the vote on By-law No. 86-170, on conflicts of interoat previously recorded in Report No. 396; and all others voting in favour. - 10 - ORDERED on the motion of Alderman Cun~nings, seconded by Alderman Pay, that the following by-laws he now read a second and third time: 8o. 86-163 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (O.P.A. 154, River Realty). No. 86-164 - No. 86-165 - No. 86-166 - No, 86-167 - No. 86-168 - A by-law to amend By-law No. 79-200, as amended. (AM-14/86, River Realty). A by-law to amend By-law No. 85-238 respecting the 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. (AM-14/86). A by-law to amend By-law No. 79-200, as amended. (Vommero, AM-19/86). A by-law to authorize an agreement with Walker Brothers Quarries Limited and others. A by-law to authorize a concession agreement with the Greater Niagara Baseball Association Ladies' Auxiliary for concession rights at Oakes Park. Ho. 86-169 - A by-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (First Avenue). No. 86-170 - A by-law to provide monies for general purposes. lt}. 86-171 - A by-law to authorize an agreement with Cameo Homes Niagara Ltd. respecting the proposed Condominium Subdivision at 3060 Portage Road. The motion Carried with Alderman Pay voting contrary on By-law No. 86-167; Alderman Hinsperger abstaining from the vote on By-law No. 86-170, on conflicts of interest previously recorded; and all others voting in fayour. NEW BUSINESS ITEMS OF INTEREST: Japanese/Niagara Falls Baseball Game- Alderman Cummings referred to his representation on Behalf of Mayor Smeaton aC the ball game which had been held at Oakes Park on August lOth, 1986, between representative8 of Japan and Niagara Palls, and to the impressive gift-giving of the Mapsnest visitors. Re stated that this was an excellent game. His Worship Mayor Smeaton expressed appreciation to all members of Council who had acted on his behalf during the period of time he was on vacation. Outario~xeuas C~nvention - Alderman Puttick discussed the success of the Ontario Arenas Convention which had been held in Niagara Falls in June 1986; the hospitality offered to visitors by the General Manager and Staff of Your Host Motor Hotel; and the willingness of the Chairman of the O.A.C. to return to Niagara Falls for the 1988 Convention. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings that a letter of appreciation be forwarded from the Chief Administrative Officer to the Parks & Recreation Department Staff, with a copy to the Recreation Commission. Carried Unanimously. Nursl-l~klo Intarnstionsllirport - Alderman Pay discussed a vail mMral depicting Niagara Falls at the Tokyo International Air~rts as well as a ~niature of Niagara Falls at an outdoor garden in Tokyo. He asked that a letter of recognition and appreciation be forwarded to the Air~rt officials from Mayor Smearones office. - 11 - Hr. Hally Clark/Super Stock Car Racer - Alderman Pay discussed the activites and reputation of Wally Clark as a Super Stock Racer, and the subsequent promotion of Niagara Falls through the publicity of Mr. Clark in international magazines. He asked that Mr. Clark be officially recognized by the City of Niagara Falls. ITEMS OF CONCERN: Holy F~mily Centre - The Chief Administrative Officer referred to the Holy Family Centre, information received regarding concerns of the Centre, and suggested that funds be released to the end of August 1986. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that cheques be released to the Holy Family Centre to the end of August 1986, and farther, that Mayor Smeaton inves rigate possibility of Regional funding for this facility. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Coville, Cummings, Harrington, Hinsperger, Hopkins, Janvary and Pay. NAYE: Aldermen Orr, and Puttick. Supermall - Alderman Cummings expressed concern that the Minister of Consumer & Commercial Relations, the Honourable Monte Kwiter, was in favour of funding being released for the Supermall to be located in the vicinity of Toronto, but was not in favour of funding if the location was in the Niagara Falls area. Disaster/Niagara-on-the-Lake - ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary, that the Minister of Municipal Affairs be asked to declare the area of Niagara-on- the-Lake, which was adversely affected by a recent hailstorm, a disaster area in order that government funding might be obtained. Carried Unanimously. Adult Entertaimnt Halls - Alderman Pay discussed his concern regarding the subject matter, which had been brought to the attention of Council at a former meeting. ORDERED on the motion of Alderman Pay, seconded by Alderman Harrington, that the Planning and Legal Departments be instructed to prepare and submit, in one month, a preliminary report regarding an investigation and resolution concerning the above matter. Carried Unanimously. 5965 Mrker Street - Alderman Puttick discussed complaints and concerns regarding the noise and undesirable behaviour, in the early hours of the morning, of strippers living at the above mentioned address. He asked that the matter be referred to Staff for investigation and a report. Dangerous lntersection/Thorold Stone & Dorchester Roads - Alderman Barrington discussed the vehicular activity at the above named intersection, and the danger to children and adult pedestrians. He requested that the Regional Niagara Police Force be asked to investigate this matter. It was moved by Alderman Orr, seconded by Alderman Puttick, that the meeting adjourn. Carried Unanimously READ AND ADOPTED, BARBARA G. SCOTT, DEPUTY CLERK S. 8MEATON THIRTY-SIXTH MEETING COMMITTEE OF THE ~tOLE Committee Room #1 August 18, 1986 Councll met on Monday, August lgth, 1986, at 7:15 p.m. in Committee of the Whole. All members of Council, with the exception of Aldermen Orr, and Puttick, were present. Alderman Campbell presided as Chairman. Following consideration of the Its arose to report in open session. the Committee of the Whole ~ ~/~ ITY CLERK //~ August 18, 1986 Conncil Chambers , Council met on Monday, August lath, 1986, at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of Aldermen Orr, and Puttick, were present. His Worship Mayor Smeaton presided as Chairman, and offered the Opening Prayer. S. SMEATON ADOPTION OF MINUTES ills Worship Mayor Smeaton advised that he had been in contact with the Director of Social Services, Mr. Maurice Fraser, respecting the Holy Family Centre, who is awaiting a letter of compliance from the Niagara Regional Health Unit, as well as a letter of compliance, from the Niagara Falls Buildings & Inspections Department, regarding By-law No. 79-200. Mr. Fraser stated that upon receipt of the aforementioned information, a meeting will be arranged for discussion of the Centre's budget and programs, and that if specifications are met, the Province will be contacted for per diem funding. Mayor Smeaton further stated that Mr. Fraser anticipated October 1st as a funding date if require- ments were satisfied immediately. The City Clerk advised that under New Business, Items of Concern, the tloly Family Centre, the motion that cheques be released to the end of August 1986, had been revised to indicate that Aldermen Orr, and Puttick were opposed. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the revised minutes of the meeting held August llth, 1986, be adopted as revised. Carried Unanimously. COMMUNICATIONS No. 269 - The Kidney Foundation of Canada - Re: Kidney Foundation Funding. The communication requests a donation to support the Kidney Foundation- ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the communication be referred to the Finance Committee for consideration. The motion was Defeated with the following vote; AYE: Aldermen Baker, Cummings, Sinsperger, and Hopkins. NAYE: Aldermen Campbell, Cheesman, Coville, Harrington, Janvary, and Pay. ORDERED on the motion of Alderman Campbell, seconded by Alderman Pay, that the communication be received and filed. The motion Carried with the following vote~ AYEi Aldermen Campbell, Chessman, Coville, Harrington, Hinsperger, Hopkins, and Pay. NAYEl Aldermen Baker, Cummings, and Janvary. lo. 270 - The Arthritis Society - Re~ '*Arthritis Nonth". The communication requests Council to proclaim September 1986 as '*Arthritis Honth"; and participa- tion in a flag raising ceremony at City Hall. ORDERED on the motion of Alderman Cummings~ seconded by Alderman Janvary, that the requests be spproved subject to established policy. Carried Unanimously., -2- leo. 271 - Niagara Falls-Fort Erie Real Estate Association - Re: "Private Property Week". The communication asks Council to proclaim the week of October 5th to 13th, 1986 as "Private Property Week". ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the request be approved subject to established policy. Carried Unanimously. No. 272 - Canada Power & Sail Squadron - Re: *'Safe Boating Week". The communication requests Council to proclaim the week of September 8th, 1986, as "Safe Boating Week"; and approval to fly the Squadron's flag outside City Hall. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the requests be approved subject to established policy. Carried Unanimously. No. 273 - Student Adsinistrative Council/Niagara College - Re: "Shinerams Day~. "The communication asks Council to proclaim September 19th and 20th, 1986, as,"Shinerama Days". ORDERED on*~he~%o~bn of Alderman Cummings, seconded by Alderman Janvary, that the request be ap~roved subject to established policy. Carried Unanimously. No, 274 -NuscularDystrophyAssociation of Canada- Re: "Jerry Lewis Labour Day Telethan". The communication asks Council to proclaim August 30th to September let, 1986 as "The Jerry Lewis Labour Day Telethan Week-end". ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the request be approved subject to established policy. Carried Unanimously. No. 275 - The Nisgera Farks Cassiasion - Re: Recreation Trails. The communication requests that Council approve a deed of easement to the Commission, where necessary, for small parcels of land connected to Commission lands, to permit an uninterrupted route for Recreation Trails, and avoid the periodic use of the existing Parkway. ORDERED on the motion of Alderman Pay, seconded by Alderman Chessman, that the communication be received and referred to Staff and the Recreation Commission for a report, which should include policy regulations respecting "stoop and scoop", as well as divided trails for vehicular and pedestrian traffic. Carried Unanimously. No. 276 -TheChamber of Cassette Niagara Falls, Canada- Re: Economic Development Agency. The communication refers to the Chamber's report dated May 20th, 1986 regarding economic development, and expresses concern that Council received and filed the information, without providing opportunity for a more complete explanation from the Chamber. It is pointed out that the Chamber is a good resource centre, capable of providing specialized advice and guidance to members of Council, and available to discuss the issue further. ORDERED on the motion of Alderman Cummings, seconded by A~derman Rinsperger, that the communication be received and filed. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Chessman, Covllle, C.mmtngs, Hinsperger, Hopkins, and Pay. NAYE: Aldermen Hartindian, and Janvary. Be. 277 - Man-A-Mile Cosafrica- Re: Annual Man-A-Mile Relay Race. The communication requests approval of the Annual Man-A-Mile Relay Race beig held Monday, October 13, 1986, and advises that approvals have been requested from. other authorities. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the request be granted subject to the approval of other authorities, and notification of Emergency Organizations and Niagara Transit. Carried Unanimously. So, 278 - Ministry of the Attorney General - Re: Security in Handling Prisoners at Provincial Court Building, Niagara Falls. The communication requests consideration of a funding strategy to proceed with improved security. His Worship Mayor Smeaton provided background information regarding the rental of the building, and stated that in terms of a Court House facility being built, there were lending institutions which would be interested if they could get a "square foot fee" rental rate. He further stated that for a newly built facility, the rental rate would increase considerably. . ORDERED on the motion of Alderman Cummings, seconded by Alderman Covllle,-.that the communication be received a~d.referred to Staff for a report, Carried Unanimously. No, 279 - Niagara Parks Commission - Rel N,P.C. Controlled Access Highways. The communication explains the legislation respecting the N,P,C0 Controlled -3- Highways which has been in existence since 1954, and confirms a meeting scheduled for August 19th, 1986 between City Staff and the N.P.C. Staff, at Oak Ball, for consideration of common concerns. ORDERED on the motion of Alderman Coville, seconded by Alderman Pay, that the communication be referred to the forthcoming meeting, and further, that the City Solicitor be directed to attend the meeting and convey Council's concern that the authority should revert back to the Ministry of Transportation. Carried Unanimously. No. 280 - Barbara E. Newman - Re: Parking on Culp Street & Dawlish Avenue. The communication discussed a parking problem in the subject area, and requests Council to consider the removal of on-street parking spaces. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the communication be referred to the Parking & Traffic Committee for considera- tion. Carried Unanimously. REPORTS No. 399 - Chief Adainistrative Officer - Re: PD-86-92, Conditions of Consent for Application B-400/86, E. Harovics, 6653 Dorchester Road. The report recommends that Council approve the By-law placed on tonight's agenda, authoriz- ing an agreement between the Municipality, E. Harovics (the present owner of 6653 Dorchester Road), and River Realty Development (1976) Inc., to preclude the development of the subject land except by plan of subdivision. ORDERED on the motion of Alderman Chessman, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See By-law No. 86-175. No, 400 - Chief Administrative Officer - Re: PD-91-86, Six Month Residential Development Review, File ST-144. The report provides information regarding Highlights of the First Six Months, Dwelling Unit Construction, a Report on Residential Development, a Royal LePage Survey of Canadian House Prices, and Rental Apartment Vacancy Survey, April 1986; and recommends that the report be received and filed for informational purposes. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No, 401 - Chief Administrative Officer - Re: The Building & Inspections Department Report for July 1986. The report provides information regarding Permits issued during July 1986, Highlights for July 1986, and August proposals. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and filed. Carried Unanimously. Bo. 402 - Chief Administrative Officer - Re: Fire Department Annual Report for 1985. The report provides statistical data, as well as information regard- ing the City of Niagara Falls Emergency Plan, monitoring equipment, "Get Out Alive" program, and detailed activities of the Fire Department during the year 1985. Deputy Chief Don Shapton was in attendance, and received the appreciation of Council for the excellent report, and efforts of the Fire Department in its programs, particularly with respect to children in the community. It was suggested that the Department arrange a demonstration at the Morriston Street Fire Station to be artended by members of Council prior to a Council meeting. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and filed. Carried Unanimously. No, 403 - Chief Administrative Officer - Re: MW-86-83, By-law to Authorize the Reconstruction of Fourth Avenue from Bridge Street to North Limit. The report recommends the following: 1) 2) 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; That the resolution appearing on tonight*s agenda to amend proposed By-law No. 85-216 to authorize the reconstruction of O~NeiI Street and part of Fourth Avenue from Bridge Street to the north limit of Fourth Avenue, be passed by Council; and 1 -4- 3) that the report be received and adopted. That subject to there being no valid objections, proposed By-law No. 85-216 be given a third reading and be passed by Council, and that the additional by-law to authorize the reconstruction of Fourth Avenue from Bridge Street to the northerly limit of Fourth Avenue be given three readings and be passed by Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, Carried Unanimously. See Resolution No. 63. See By-law No. 85-216, and By-law No. 86-172. No. 404 - MunicipalWorks Committee- Re: MW-86-93, Calcium Chloride Road Stabilization. The report recommends that the expenditure of $20,500.00 for calcium chloride treatment of roadways by Pollard Brothers Contracting be authorized. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 405 - Chief Administrative Officer - Re: MW-86-88, Chippawa Street Lighting Tender. The report recommends that the tender submitted by Ground Aerial Maintenance at a unit cost of $45.00 per unit for 190 units be accepted. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ntnsperger, that the report be received and adopted~ Carried Unanimously. See Resolution No. 64. See By-law No. 86-178. Bo. 406 - Chief Administrative Officer - Re: F-86-4, Municipal Accounts. The report recommends that the accounts totalling $1,321,483.93 for the period ending August 18th, 1986, be approved by the passing of the by-law appearing later on the agenda. Alderman Campbell declared a conflict of interest on Cheque No. 18345 because the organization is a client. Alderman Chessman declared a conflict of interest on Cheque No. 18344 because his wife is employed with the Board. Alderman Harrington declared a conflict of interest on Cheque No. 18350 because his wife is president of the organization. Alderman Hinsperger declared a conflict of interest o~ Cheque No. 18320 because he is employed with the company. Additional information was provided on Cheque Nos. 18330, 18382, and 18387. ORDERED on the motion of Alderman Janvary, seconded by Alderman Pay, that the . report be received and adopted. The motion Carried with Aldermen Campbell, theesmart, Harrington, and Hinsperger abstaining from the vote on Cheque Nos. 18345, 18344, 18350, and 18320 consecutively, on conflicts of interest previously recorded; and all others voting in fayour. No, 407 -Chief Administrative Officer - Re: 'C-86-1, Conveyance of Transformer Site to Niagara Falls Hydro Electric Commission. The report recom- mends that City Council approve the sale of a parcel of property approximately 50 feet by 85 feet containing a transformer station along with a 10-foot wide easement running south-easterly from the station toward the Hydro canal to Niagara Falls Hydro at a cost of $6,000.00. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted, Carried Unanimously. No, 408 - Chief Administrative Officer - Re~ 0)-86-4, Mingle Subdivision - File 26T-79006 (Revised). The report recommends the following: 1) 2) that the report be received and adopted. That Council support by resolution the request for an amendment to the above proposed subdivision, and that the Regional Niagara Planning and Development Department be advised accordingly; That, since this plan lapses on September 4, 1986, Council approve a further one-year extension oh this draft plan of subdivision. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, Carried Unanimously. see Resolution No~ 6_6? - 5 - No. 409 ~ Chief Administrative Officer - Re: Closing & Sale of Junkln Avenue Road Allowance. The report which had been discussed in Committee earlier this evening recommends that Staff be authorized to proceed with the closing of the unopened portion of Junkin Avenue and its sale to Canadta Niagara Falls Limited at a price of $13,350.00. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the report be received and adopted, with the proviso that the portion out- lined in red on the attached sketch be used for the completion of a berm. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Chessman, Coville, Cummings, Hinsperger, Hopkins, Janvary, and Pay. NAYE: Alderman Harrington. RESOLUTIONS Noo 63 ~ CltKESNAN, CU~N~S - RESOLVED that Proposed By-law No. 85-216 to authorize the reconstruction of O~Neil Street and part of Fourth Avenue from Bridge Street to the north limit of Fourth Avenue which was given a first and second reading at the meeting of Council held on November 4th, 1985, be amended by inserting after "That" at the beginning of section 1, "subject to compliance with the requirements of section 301 of the Municipal Act and the passing of a subsequent by-law to authorize the undertaking of the wDrk" so that the said section will now read as follows: That, subject to compliance with the requirements of section 301 of the Municipal Act and the passing of a subsequent by-law to authorize the undertaking of the wDrk, the aforesaid reconstruction of O~Netl Street and part of Fourth Avenue from Bridge Street to the northerly limit of Fourth Avenue as more particularly described in Schedule "A" to this by-law, be authorized; kND that the said by-law, as so amended, now be given a third reading and be passed; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 64 - C'UI~NG$ - HINSPBRi~ER - RESOLVED that the unit prices submitted by Ground Aerial Maintenance for Chippawa Street Lighting be accepted at a unit cost of $45.00 per unit for 190 units, a total low tendered amount of $8,550.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 65 ~ PAY - HINSPERCER - RESOLVED that the Corporation of the City of Niagara Falls request the Minister of Municipal Affairs to declare the area of the Town of Niagara-on-the-Lake~ which was adversely affected by a recent hail- storm, as a disaster area in order that farmers affected by the disaster could qualify for interest-free loans from the Federal Government; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 66 ~ PAY - HINSPKRGKR - RESOLVED that the Council of the City of Niagara Falls.approves an amendment of the proposed Mingle Subdivision, File No. 26T-79006, to permit the development of six single family residential lots from the four single family lots originally proposed, as shown on a plan prepared by R.J. Matthews, O.L.S. dated July 29th, 1986, subject to an added condition of approval concerning the determination of the frontage lot which is to be convey- ed along with Block 7; AND FURTHER, that an additional one year extension of draft plan approval be supported for this subdivision; AND the Seal of the Corporation be hereto affixed· Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the following by-law be now read a third time: No. 85~,216 - To authorize the reconstruction of O'Neil Street and part of Fourth Avenue f~om Bridge Street to the north limit of Fourth Avenue, Carried~ ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that leave " be granted Co introduce the ,fo'llowing by-laws, .and the byelaws be. read a first ~ tme ~ ' No, 86t172 No, 86~173 No, 86-174 Mo. 86~175 No. 86-176 No. 86-177 So. 86~178 No. 86-179 The motion abstaining previously 6 - To authorize the reconstruction of Fourth Avenue from Bridge Street co its northerly limlc. - To amend By-law No. 79-200, as amended.(AM-12/86, DeGiorgio)- - To amend By-lawN o. 85-238, respecting the classes of development that may be undertaken in site plan control areas with- out the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 40 of the Planning Act, 1983. (AM-12/86). - To authorize the execution of an agreement with Elizebeth Harovics and River Realty Development (1976) Inc. - To amend By-law No. 86-1, as amended, to provide for appointments to certain Boards, Commissions, and Commfttees. - To authorize the execution of an agreement with Ground Aerial Maintenance Service Ltd. for general maintenance, pole replacement and installation of new street lighting fixtures. - To authorize the execution of an agreement with Ground Aerial Maintenance Service Ltd. for street lighting in Chippawa. - To provide monies for general purposes. Carried with Aldermen Campbell, Chessman, Harrfngton, and Hinsperger from the vote on By-law No. 86-179, on conflicts of interest recorded in Report No. 406; 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, 86,172 - To authorize the reconstruction of Fourth Avenue from Bridge Street to its northerly limit. SO. 86~173 - To amend By-law No. 79-200, as amended.(AM-12/86, DeGiorgto). NO, 86~174 No. 86~175 - To amend By-lawNo. 85-238, respecting the classes of development that may be undertaken in site pl~n control areas with- out the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 40 of the Planning Act, 1983. (AM-12/86). - To authorize the execution of an agreement with Elizabeth Harovics and River Realty Development (1976) Inc. No, 86-176 HOe 86~177 , To amend By-law No. 86-1, as amended, to provide for appointments Co certain Boards, Commissions, and Committees. - To authorize the execution of an agreement with Ground Aerial Maintenance Service Ltd. for general maintenance, pole replacement and installation of new street lighting fixtures. ~o. 8&rE78 - To authorize the execution of an agreement with Ground Aerial Maintenance Service Ltd0 for street lighting in Chippawa, ~o. 86V179 - To provide monies for general purposes. The motion Carried with Aldermen Campbell, Cheesman, Harrington, and Hinsperger abstaining from the vote on Cheque No. 86-179, on conflicts of interest previously recorded; and all others voting in layout. NEW BUSINESS ITEMS OF CONCERN: ~ hblie ~sari~, Niagara Falls, N,Y,/Polluti~m C~mtx~l - ~de~n MarringCon distributed infor~Civn regardi~ a Public Hearl~ scheduled -7 - for Wednesday, August 20th, 1986, at the Niagara Falls Convention Center le Niagara Falls, N.Y. He stated that this handout material had been distributed at a meeting he had recently aCtended in Niagara Falls, N.Y., with Mr. A1. Oleksuik, Canadians for a Clean Environment. Alderman Harrington discussed the proposal of Occidental Chemical Corporation to the American Government that permission be granted to burn Dioxfn and other dangerous chemical wastes froin the Hyde Park Landfill; North Tonawanda; Taft, Louisiana; and Tacoma, Washington; and the resulting chemical pollutants into the air aod water. ORDERED on the motion of Alderman Cummings, seconded by Aldermac Hlnsperger, that Alderman Harrington be authorized to attend the upcoming meeting ia Niagara Falls, N.Y., to discuss the concerns of Council, and further, that tim matter he referred to the Environmental Committee for the submission of a report. Carried Unanimously. Ker Park- Alderman Cummings asked that Staff take action with respect to the replacement of the fence from the outfield to the concession at Ker Park; and to repair sad paint the bleachers. Plaza/Corner of Thorold Stone & Drumsend ROads - Alderman Campbell referred to the uncut, 5' high weeds at the above mentioned Plaza, and asked that Staff investigate this concern. Parking/Corner of Core Street & St. Paul Avenue - Alderman Campbell discussed the parking of cars at the corner of Gore Street and St. Paul Avenue, and asked that this matter be referred to the Parking & Traffic Committee for investigation and a report. Humane Society - Alderman Baker referred to a call he had received regarding the purchase of s dog from the Humane Society, wherein he had been asked to intervene by an unnamed lady. He suggested that the matter should be referred to the Manager, or Assistant Manager of the Humane Society. ITEMS OF INTEREST: Richard Beecroft/Muscular Dyetrophy - Alderman Harrington referred to his representation of Mayor Smeaton at a Skylon luncheon when Richard Beecroft visited the City of Niagara Falls during his marathon tricycle ride for Muscular Dystrophy. Niagara Falls Mariners - Alderman C,,mmings discussed a recent game which was successfully played by the Niagara Falls Mariners Baseball Team, and the Mariners' upcoming game with the Maple Loafs. He requested that the community and members of Council support the team by attending the game. Y.M.C.A. Fund Isislag Eveut/Oakes Park - Alderman Cummings referred to the upcoming Y.M.C.A. fund raising event scheduled for August 24th, 1986~ at Oakes Park, and congratulated Mayor Smeaton and Alderman Puttick for their anticipated participation in the form of a wrestling match. A,M,O, Comvention - Alderman Janvary requested that all members of Q}uncil who are attending the A.M.O. Convention to be held next week in Toronto, submit verbal or written reports, It was moved by Alderman Campbell, seconded by Alderman Janvary~ that the meeting adjourn. Carried Unanimously. C] THIRTY-SEVENTH MEETING PLANNING/REGULAR ~mETINC Council Chambers September 8, 1986 Council met on Monday, September 8th, 1986, at 7:30 p.m. for the purpose of considering Planning Matters and regular business. All members of Council were present. His Worship Mayor Smeaton presided as Chairman. Alderman Puttick offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the minutes of the meeting held August 18th, 1986, be adopted as printed. Carried Unanimously. PRE. SENTATIONS ACHIt~m~ENT A~ARD - WALLY CLARK, - His Worship Mayor Smeaton presented an AchievemeAt Award to Mr. Wally Clark with congratulations on behalf of the Council and the community for his achieve- men~s in Super Stock car racing. Mr. Clark holds the National Record in the Super Stock category; won the 1985 Budweiser Spring Nationals in Columbus, Ohio and the 1985 U.S. Nationals in Indianapolis, Indiana; was runner up at the 1985 Fall Nationals in Phoenix, Arizona, and semi-finalist at the NHRA World Finals in Pomona, California; is current champion of the 1986 Motorcraft Gatornationals held in Gainesville, Florida; is current point leader for the Winston World Championship in the Super Stock category, and has competed successfully in a number of other races. ACHIt~vI~NENT A~ARDS - NIAGARA FALLS MINOR BOYS* SOftBALL - His Worship Mayor Smeaton congratulated the Niagara Falls Minor Boys' Softball team, and presented Achievement Awards Co the following members: Paul Armitage, Todd Bobinski, Phil Boyer, Peter Dobbin, tory Hendry, Chris McClary, Jamie McCloy, Pat McCloy, Shane Newson, Matt Spironello, Alan Thompson, and Jason Vormittag. Achievement Awards were also presented to the following Coaches of the team: Bill Weaver, John Rootes, Randy Richards, and Mac Lewis. The bat girl, Erin Thompson, was congratulated, and will receive her trophy at a future Council meeting. The team won the Ontario Amateur Softball Association Squirt Championship fn August 1986 at PIcketing, Ontario, as well as the Niagara District Championship tournament in Beamsville, Ontario. REPORTS - PLANNING MATTERS No. 410 v Chief Administrative Officer - Re: PD-101/86, Zoning Amendment Application AM-22/86, Jimmy Swaggart Ministries, Southwest Corner of Mountain Road and Mewburn Road. The report recommends the following: 1) That Council support the proposed amendment to Zoning By-law 79-200; 2) That the applicant provide the following: (t) a minimum front yard depth of 30.48m (100 ft.); (ii) a minimum interior side yard width of 15.24m (50 ft.); (iii)a minimum exterior side yard width of 15.24m (50 ft.); (iv) a minimum rear yard depth of 19m (62.34 ft.); (v) a minimum landscaped open space area of 50%; (vi) a maximum building coverage of 20%; 3) That Council direct Staff to prepare an appropriate zoning by-law amendment which reflects tile application submitted and the detailed considerations contained in the Technical Report PD-94-86. -2- That, as a condition of approval and an agreement with the Municipality, the applicant/owner of the lands be required to connect to Municipal services, when they become available. His Worship Mayor Smeaton declared the Public Meeting open and advised that the procedure under the Planning Act, 1983 would be followed. The Clerk advised that the proposal would amend Zoning By-law 79-200 from Deferred Tourist Commercial (DTC) to Institutional (I), to permit the conatruc- tion of a church and associated two-storey office and chapel building, having storage areas to facilitate the shipping and receiving of television broadcast- ing and religious materials. He stated that the Notices of the Public Meeting were mailed on August 7th, 1986. His Worship Mayor Smeaton received a positive response to his request for an indication of the presence of the applicant or his agent, and those interested in the application. He asked that persons wishing to have further notice of the passing of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. Mayor Smeaton reviewed the procedure. The Planning Director explained the purpose and reason for the proposed amendment, and discussed the subject lands with the assistance of posted sketches. He reviewed the following information contained in the Technical Report: Development Proposal, Zoning by-law Amendment, Official Plan, Surround- ing Land Uses, Comments from the Public Notification Process, and Planning Review. Mr. John Brigis, R. R. #4, Niagara-on-the-Lake, expressed his support of the application, and his concern respecting the building of a church, which would be next door to his proposed restaurant. He submitted written character references from Mr. Norman Falk, J.P., and Reverend Father David G. Johnston. Mr. BIll Halstrum, 2684 Mewburn Road; John Bakelast, 2803 Olden Avenue; and John Gatecliff, 2653 Olden Avenue, expressed opposition to the application because of the lack of sewer services in the area, water pressure, and possible parking problems. The Planning Director explained that Council had recently altered its policy respecting municipal services, and had approved consideration without full services, subject to the approval of the Regional Health Unit. He discussed the construction of a private sewer system, as well as the drainage area of the subject property for sanitary sewer purposes. The Planning Director responded to questions raised with respect to water supply in the area, advising that a new waistline is presently under construction. Further discussion was held regarding expected tax revenue, and anticipated church attendance. Mr. Glenn Embleton, Agent for the applicant, stated that a small septic system had been approved by the Regional Health Unit, and further, that construction of the church would not proceed until full services had been installed. He reviewed the expanding needs of the Jimmy Swaggert Ministries· Reverend Norman McLaren advised that the proposal was necessary because of expansion; outlined the proposed landscaping, parking, the use of the chapel and facility; and stated that the church was in the second phase of the project. The Planning Director responded to questions raised regarding the land use, and referred to the recowm~endations in the Lanmer Fenco Study. Following further discussion, Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Puttick~ seconded by Alderman Cummings, that the matter be tabled for further information. The motion was Defeated with the following vote: AYE: Aldermen Campbell, Cummings, Marrington, Hopkins, Orr, and Puttick. NAYE: Mayor Smeaton, and Aldermen Baker, Chessman, Coyills, Minsperger, Janvary, and Pay. ORDERED on the m~tion of Alderman Coyills, seconded by Alderman Janvary, that the report be received andaadopted. The motion Carried with the following vu~e: AYE: Mayor Smeaton, and Aldermen Baker, Cheesman, Covllle, Hinsperger, Janvary, and Pay. NAYE: Aldermen Campbell, Cummings, Harrington, Hopkins, Orr, and Pnttick. No. 411 - Chief Administrative Officer - Re: PD-96-86, Zoning Amendment Application Amendment AM-24/86, City of Niagara Falls Block F, Part of Block I, J, and K of Registered Plan M-53, Charnwood Subdivision. Tbe report recommends the following: 1) That Council support the proposed Zoning By-law Amendment as detailed in PD-93-86; 2) That Staff be directed to prepare the necessary Zoning By-law Amendment for enactment at a subsequent Council meeting. His Worship Mayor Smeaton declared the Public Meeting open, and asked the Planning Director to explain the proposal. The Planning Director advised that the proposal would amend the zoning of the subject lands by deleting the By-Law's special provision which permits the land to be developed for zero lot line homes, and having the parent R1E zone prevail to accommodate conventional single family housing types. He advised further that the Notices of the Public Meeting were forwarded by Registered mail 30 days in advance of the meeting. His Worship Mayor Smeaton received a positive response to his request for an indication of persons present who were interested in the matter. He asked that all persons wishing to receive further notice of the passage of tbe by-law submit their names and addresses to the Clerk prior to leaviog the meeting; and explained the procedure to be followed. The Planning Director reviewed the subject property, as well as information contained in the Technical Report. He stated that the Zoning Amendment is a "housekeeping change" and is being made to protect the residents and the City. A negative response was received to Mayor Smeaton's request for comments from persons present in support, and opposed to the proposal. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. Re. 412 - ~alef Administrative Officer - Re: PD-102-86, Zoning Amendment Application AM-27/86, 412259 Ontario Ltd., Giacomo & Anna Scavo. The report recommends that Council not support the subject application. His Worship Mayor Smeaton declared the Public Meeting open and advised that the procedure under the Planning Act, 1983 would be followed. The Clerk stated that the proposal was to amend Zoning By-law No. 79-200, amended, to permit construction of a 9 Storey, 90 room Hotel structure. He advised that the Notices of the Public Meeting were forwarded by first class mail on August 7th, 1986. as Ris Worship Mayor Smeaton received a positive response to his request for an indication of the presence of the applicant or agent, and those persons interested in the application. He asked that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Planning Director explained the purpose and reason for the proposed Zoning Amendment, and reviewed the subject lands with the assistance of posted sketches. He discussed the following information contained in the Report: Location Principles, Market and Feasibility Support, Access, Landscaping, Servicing and Impact. The Planning Director reviewed the following information included in the Technical Report: Official Plan, Surrounding Land Uses, Public Notification Process, Planning Review, Servicing Considerations, Lanmer-Fenco Study, Hotel Study, and Site Plan Review. -4- Mr. George Mullet, Ludwig Mullet Dry Goods Ltd., 5823 Ferry Street, and Mr. Pat Dillhero, Pardon My Garden Cafe, spoke in support of the application. They expressed the opinion that the proposal would be an improvement, and would attract business to the area. Mr. Mullet discussed his concerns regarding a mutual driveway as well as drainage. There was a negative response to Mayor Smeaton's request for comments from persons opposed to the application. Mr. G. Ungaro, Solicitor for the applicants, distributed a petition signed by a number of residents in the subject area, indicating approval of the appli- cation. He stated that residents in adjacent buildings were not concerned with "shadow requirements", and suggested that the "guidelines which were established should no t be used to harness Council when the entire neighbourhood has indicat- ed favour" and requested approval of the "improvement to the neighbourhood. Mr. Ungaro advised that the proposed 90 room hotel structure was the "least feasible application" that could be made. He further advised that Mr. Brian Watkinson, Architect, was available to respond to questions raised. Mr. Ungaro stated that the applicants were willing to take whatever action was required respecting the sewer problem. He replied to questions raised regarding access to the parking ramp, and servicing requirements. The Director of Municipal Works 'responded to questions raised regarding storm sewer problems and payment for required servicing. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Puttick, that the application be approved subject to the developer and Staff meeting to resolve anticipated servicing problems, and a report from Staff. The motion Carried with the following vote: AYE: Aldermen Campbell, theeamen, Cummings, Hinsperger, Orr, Pay, and Puttick- NAYE: Aldermen Baker, Coville, Herrington, Hopkins, and Janvary. -5- ORDERED on the motion of Alderman Cheesman, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. Resolution No. 68. Alderman Orr retired from the meeting. No. 416 T Chief Admqnistracive Officer - Re: PD-lO0-86, Request for Building Permit, Reference Plan 59R-2627, Part 9, Miller Road and Willoughby Drive. The report reconmnends that the request for a Building Permit for Part 9 of Plan 59R-2627 be approved subject to an agreement being entered into with the owner of the subject lot relative to the City's requirements prior to the issuance of said Building Permit. ORDERED on the motion of Alderman Baker, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No. 417 - Chief Adm~nistrative Officer - Re: PD-103-86, Rental Housing Protection Act, Bill 11. The report recommends the following: 1. That this report be received and filed for the information of Council; 2) That the letters from the Ministries of Housing and Municipal Affairs be received and filed; 3) That Staff be directed to prepare an information report to Council regarding the Rental Housing Protection Act, Bill 11, outlining the Mnnicipality's mandate, implementation procedures and the implications of this Bill to the Municipality. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinaperger, that the report be received and adopted. Carried Unanimously. No. 413 - Chief A~hsinistrative Officer - Re: PD-97-86, Niagara Parks Commission, Controlled Access Highways. The report advises that a meeting was held on August 19th, 1986, between Mayor Smeaton, the Niagara Parks Commission, and City Staff; that receipt of developmental guidelines was anticipated within the next 3 months to more precisely define the intent of the permit control leg- islation; and reconunends that the report be received and filed for information. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. ~ No. 414 - Chief Administrative Officer - Re: PD-98-86, Request for Extension to Draft Plan Approval, Rainbow Gardens Subdivision, 26T-74143. report recommends the following: The 1) That a Council resolution supporting a two year extension to the Rainbow Gardens draft plan of subdivision he adopted and forwarded to the Ministry of Municipal Affairs. 2) That a copy of this report be forwarded to the Ministry of Municipal Affairs and The Proctor and Redfern Group. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Janvary, that the report he received and adopted. Carried Unanimously. See ResOlution No. 67. No. 415 - Chief Administrative Officer - Re: PD-99-86, Request for Extension to Draft Plan Approval, Drummond Park Village Extensions 26T-80003 (Revised). The report recommends the following: 1~ That a Council resolution supporting a one year extension to the Drummond Park Village Extension draft plan of subdivision be adopted and forwarded to the Regional Municipality of Niagara; 2) That a copy of this report be forwarded to the Regional Municipality of Niagara and the Group 2 Development Limited. No, 418 ~ Chief Administrative Officer - Re: PD-104-86, Request for Building Permit, Part Lot 9, Concession 2+ East Side Sodom Road, North of Bosserr Road. The report recommends that the request for a Building Permit for the subject lot, Part Lot 9, Concession 2, be approved subject to an agreement being entered into with the owner of the subject lot relative to the City's requirements prior to the issuance of said Building Permit. ORDERED on the motion of Alderman Baker, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. DEPUTATION FENCE - NORTH SIDE OF OPTIMIST PARE Mr. Helmuth Frank, 7035 Dirdene Street, had requested permission to address Council respecting the fence blocking access through the Park by area residents. Council was advised that this matter would be deferred to a future meeting of Council, and that representatives of the Optimist Club would be in attendance. COMMUNICATIONS No. 281 - LieutemmnC-Colonel V.W. KozieJ, 56th Field Artillery Regiment - Re: Freedom of the City Ceremony - October llch, 1986. The communication requests a Parade Permit. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the request be granted subject to the approval of other authorities. ~arried Unanimously. No, 282 ~ Resideuts of O'Neil Street - Re: Rebuilding O'Neil Street. The communication asks cha~ the rebuilding of O'Neil gtreet be completed as early as possible. -6- -7- During the discussion, the Director of Municipal Works advised that the project would be considered in the 1987 budget discussions, and further, that the M.T.C. subsidy would have to be considered by the Municipal Works Committee. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the matter be referred to Staff. Carried Unanimously. No. 283 - Greater Niagara Big Brothers Association Inc. - Re: "Big Brother Month". The communication asks Council to proclaim September 1986 as "Big Brother Month". ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the request be granted subject to establiehed policy. Carried Unanimously. No. 284 - Niagara Peninsula Rehabilitation Centre - Re: "Niagara Rehab Week". The communication requests that the week of September 21st to 28th, 1986 be proclaimed "Niagara Rehab Week". ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the request be granted subject to establiehed policy. Carried Unanimously. No. 285 - Director of Fire Prevention - Re: "Fire Prevention Week". The communication asks Council to proclaim the week of October 5ch to llth, 1986 as "Fire Prevention Week". ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the request be granted subject to established policy. Carried Unanimously. No, 286 - Cancer Research- Re: "Terry Fox Day". The communication asks chat September 14th, 1986 be proclaimed as "Terry Fox Day". ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the request be granted subject co established policy. Carried Unanimously. No. 287 - The Royal Canadian Legion, Branch 51 - "Legion Week". The communication requests that the week of September 21st to 27th, 1986 be proclaimed "Legion Week". ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the request be granted subject to established policy. Carried Unanimously. / Re. 288 ~ ChippawaLtons Club - Re: Sales of Alcoholic Beverages on Lions' Field. The communication requests that the Recreation Department direct all scheduled Ball Tournaments, where alcoholic beverages will be sold on the field, to the Chippawa Lions Club for approval. Alderman Hinsperger declared a conflict of interest because he is a member of the organization. The Recreation Director advised that there is limited parking in the subject area, and when tw~ major events are in progress, there can be a problem. He suggested that the action would be for courtesy purposes and knowledge of anticipated events and problems. ORDERED on the motion of Alderman Chessman, seconded by Alderman Pay, that the communication be referred to Staff. The motion Carried with Alderman Ninsperger abstaining from the vote on a conflict of interest previously recorded, and all others voting in favour. No, 289 ~ leelonal Niagara Public Works Department - Re~ Water/Sewage Flows. The communication attaches Report DEP-2402 for the month of July 1986. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheeeman, that the communication be received end filed. Carried Unanimously. We. 290 - Tony Vacca - Rez Bocci Ball Courts, Weaver Park. The . communication again requests the installation of flood lights nnd washrooms for the Bocci Ball Courts at Weaver Park on Dunn Street. ,l His Worship Mayor Smeaton advised that there had been no complaints with respect to the bocci games, but that there had been complaints regarding the lack of conveniences. He stated that he had arranged for a temporary facility to be available earlier in the summer. Mr. Tony Vacca stated that application had been made a few years ago for approval of the bocci ball courts, and that these are being maintained by interested residents, although they are on City property. He further stated that they have been trying to have lights installed for the past three years, without success. Mr. Vacca discussed the use of the courts both during the week, and on week-ends, by area residents as well as people from Buffalo, Welland, St. Catharines, and Port Colborne. The Parks & Recreation Director advised that the Recreation Commission had been concerned that long delayed priority items had not been completed at parks throughout the City. He further advised that cost estimates of the requested lights and washroom facilities for Weaver Park had not been completed. ORDERED on the motion of Alderman Janvary, seconded by Alderman Chessman, that the communication be referred to Staff investigation and a report. Carried Unanimously. No. 291 - Ontario Association of Property Standards Officers Inc. - Re: Municipal Property Standards By-laws & Building and Fire Codes. The communica- tion suggests the alleviation of duplication, overlapping and conflict between municipal property standards by-laws and the building and fire codes, by restricting municipal property standards by-laws to the exterior of existing buildings. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the communication be referred to Staff. Carried Unanimously. No, 292 - Royal Canadian Legion, Branch No. 590 - Re: 1986 Polkafeat Celebration. The communication advises that the 1986 Polkafeat Celebration is scheduled for October 16th and 17th, 1986, at the Polish Cultural Centre, Thorold Stone Road, and requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Pay, that the request of The Royal Canadian Legion (Branch 590), for a special occasion permit for the 1986 Polkafest Celebration, to be held on October 16th and 17th, 1986, at the Polish Cultural Centre, Hall 'A', Thorold Stone Road, Niagara Palls, be granted subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Niagara District Health Unit, and the Liquor Licens- ing Board of Ontario. Carried Unanimously. Nee 293 ~ James Ralston, Secretary, Heart Niagara - Re: Buffalo/Niagara Falls International Marathon, Niagara South Arena - September 20, 1986. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Pay, that the request of Heart Niagara, for a special occasion permit for the Buffalo/Niagara Falls International Marathon, to be held on September 20th, 1986 from 12:00 noon to 9500 p.m., at the Niagara South Arena, Sodom Road, Niagara Falls, 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. 294 , Buddy iowe, Tournament Organizer, Regency Hockey Tournament - Re: 5th Annual Hockey Tournament, Stamford/Jack Bell Arena, November 27th to 30th, 1986. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Hlnsperger, seconded by Alderman Pay, that the request of The Regency Hockey Club, for a special occasion permit for the 5th Annual Hockey Tournament, to be held on November 27th, 28th, 29th and 30th, 1986 at the Stamford/Jack Bell Arena, Frederica Street, Niagara Falls, be granted subject to the approval of the Regional Police Departments the Niagara Fells Fire Department, the Niagara District Health Unit, and the Liquor Licensing Board of Ontario. Carried Unanimously. _8~ No. 295 - Denise Arkell, Executive Director, YWCA- Re: Parking on Culp Street & Dawlish Avenue. The communication discusses the increased parking problem in the subject area, parking space at the rear of the YWCA, and asks Council's consideration of this matter. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the communication be referred to the Parking & Traffic Committee for consideration. Carried Unanimously. No. 296 ~ lloly F~mtly Regional Niagara Youth Centre & Boys' Home - Re: $50,000.00 Grant to Winterize Holy Family Centre. The handout communication advises that the Centre has applied for a $50,000.00 grant to winterize the facility at 5165 Palmer Avenue; requests confirming that funding will be forth- coming from the City of Niagara Falls until the end of 1986 in order to receive the aforementioned grant; and attaches a copy of kitchen requirements necessary in order to conform with the Ontario Regulations under the Health Services Department. His Worship Mayor Smeaton advised that a telephone call had been received this morning from Mr. William Dalzell, Assistant Administrator of the Centre, and that the Provincial compliances have not yet been completed. Mayor Smeaton further advised that the Region cannot take any action until the data has been received. ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that the communication be received and filed. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Chessman, Coyills, Cummings, Htnsperger, Hopkins, Pay, and Puttick. NAYE: Aldermen Harrington, and Janvary. -9- No. 420 ~ Chief Administrative Officer - Re: R-86-37, Recreation TraiLs - N.P.C. The report recommends that Council extend congratulations to the Niagara Parks Commission for the proposed installation of recreation trails and that City Staff assist the Commission Staff with the planned project. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No. 421 - Chief Administrative Officer - Re: MW-86-94, Capital Budget Project - Sanitary Sewermain on Kister Road, from Progress Street to Approx- imately 375m North. The report recommends that the by-law appearing on Conight's agenda be passed by Council. ORDERED on the motion of Alderman Pay, seconded by Alderman ltinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 86-185. Ho. 422 - Chief Administrative Officer - Re: MW-86-95, 1986 Tender for Crack Sealing Contract R.M. 17-86. The report recommends that the unit prices submitted by Roadmaster Construction and Sealing Ltd. be accepted for the above contract. ORDERED on the motion of Alderman Chessman, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See Resolution No. 69. See By-law No. 86-181. No. 423 ~ Nunictpal Works Coasttree - Re: M~-86-96, Committee Reports. The report makes the following recommendations: j ..: b Bo. 297 - Village Crescent Petition.- Re: Moving of house to 6074 Village Crescent. The communication expresses opposition to the recent transfer of an older house to the property mentioned above, because of the subsequent devalua- tion of adjacent properties, and decreased aesthetic value of Village Crescent. A number of residents were in attendance to support the petition and ask Council's further consideration of the matter. The Chief Administrative Officer explained that providing the house meets the requirements of the Building Code, the Municipality ~oes not have the right to restrict the movement of the house to the subject area. The City Solicitor advised that the only other recourse would be that authority might be obtained from the Province, through a private bill, to stop this activity from taking place. He stated that there is no assurance that the Province would give the authority, because of the "architectural integrity of the building". Following further discussion, it was moved by Alderman Puttick, seconded by Alderman Chessman, that a resolution be forwarded to the Association of Municipalities of Ontario (A.M.O.) asking that the matter be given consideration at the next A.M.O. Convention. The motion Carried with the following vote: AYE: Aldermen Campbell, Chessman, Cummings, Harringtou, Janvary, and Puttick. NAYE: Aldermen Baker, Covllle, Hinsperger, Hopkins, and Pay. REPORTS No. 419 ~ Chief Administrative Officer - Rex R-86-36, Monthly Public Swimming - Y.M.C.A. The report provides information regarding the use of the Y,M,C,A, pool during the period of July 21st to August 16th, 1986, and recommends that the report be received and filed. It was suggested that the group should be complemented for their successful efforts in this regard, ORDERED on the motion of Alderman Pay, seconded by Alderman Janvary, that the report be received and adopted, .Carried Unanimously. 1) NM-86-71, Grader Rental for Winter Maintenance - It is recommended that Champion Road Machinery be awarded a contract for two graders at a cost of $2,700.00 per month for a minimum of four months. 2) NW-86-84, Schedule of Municipal Works Committee Meetings for Fall 1986 - It is recommended that the Municipal Works Committee consider a schedule of meetings for the Fall of 1986 in conjunction with the scheduled Finance Committee meetings. 3) NW-86-85, New Grader - Preventative Maintenance - It is recommended that an appropriate agreement be completed with Champion Road Machinery Sales Limited for a five-year power-train warranty and pre- ventative maintenance program for our recently acquired Champion grader. NW~86-87, Garner Road Resurfacing - It is recommended that Pollard Brothers Contracting be awarded resurfacing work on Garner Road at a unit cost of $1.30 per square yard per layer up to a maximum of $45,000.00. 5) !~-86-90, Basement Flooding - Maldorf Notel - It is recommended that this report be received and filed. the ORDERED on the morton of Alderman Pay, seconded by Alderman Htnsperger, that report be received and adopted. Carried Unanimously. See Resolution No. 73 and Resolution No. 74. No. 424 ~ Chief Ad~nis~rative Officer - Re: ~-86-97, Contract R.C. 18-86 - Road Reconstruction on Fourth Avenue, from Bridge Street co North Limit. The report recommends chat the unit prices submitted by Provincial Construction (Niagara Falls) Limited be accepted and that the by-law appearing on tontght~s ageads be passed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. .,, See Resolution No. . See By-law No. 86-183. - 10 - Moo 425 - Chief Administrative Officer - Re: MW-86-99, Contract R.C. 19-86 - Finished Road Construction in Drummond Park Village Subdivision - Stage I. The report recommends that the unit prices submitted by the low tenderer, Hard Rock Paving Company Limited, be accepted by Council. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 7.1. See By-law No. 86-184. leoo 426 . Chief Adainisrrative Officer - Re: MW-86-102, Contract R.C. 20-86 - Finished Road Construction in Charnwood Subdivision, Stage II - Phase I. The report recommends that the unit prices submitted by the low tenderer, Alfidome Construction Limited, be accepted by Council. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See Resolution No. 72. See By-law No. 86-186. - 11 - Alderman Chessman declared a conflict on interest on Cheque No. 18438 because his wife is employed by the Board; and on Cheque No. 18585 because he is employed with the Board. Alderman Cummings declared a conflict of interest on Cheque No. 18734 because he is a member of the organization. Alderman Harrington declared a conflict of interest on Cheque No. 18585 because he is employed with the Board. Alderman Hinsperger declared conflicts of interest on Cheque Nos. 18427, 18564, and 18715 because he is employed with the firm; and on Cheque No. 18573 because he is a member of the organization. Additional information was provided on Cheque Nos. 18501, 18505, 18515, 18652, 18669, 18713, 18725, and 18849. ORDERED on the motion of Alderman Baker, seconded by Alderman Coville, that the report be received and adopted. The motion Carried with Aldermen Cheesman, Cummings, Harrington, and Hinsperger abstaining from the vote on conflicts of interest, on Cheque Numbers previously recorded; and all others voting in favour. No. 427 - Chief Adm~nistrative Officer - Re: B-86-52, Site Plan Approval, Proposed 3 Unit On Street Townhouse Dwelling, Drummond Road and Murray Street. (N/E corner) AM-11/85. The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed on street townhouse dwelling, and the site plan being drawing number A3 dated April 19th, 1986, as amended, and filed with the Buildings and Inspections Department of the City of Niagara Falls on May 6th, 1986, and that such approval be subject to the conditions included in the report. There was a negative response to Mayor Smeaton's request for comments from interested persons present. ORDERED on the motion of Alderman Coyills, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No. 428 ? Chief Adainistratlve Officer - Re: B-86-53, Site Plan Approval, Proposed Gas Bar and Restaurant, Mountain Road (south side, east QEW), AM-16/85. The report recommends that Council approve the site plan?on display at tonfght's meeting, being a proposed gas bar and restaurant, and the site plan being drawing number SK-388-2 dated October 1986, as amended, and filed with the Buildings and Inspections Department of the City of Niagara Falls on July 30th, 1986, and that such approval be subject to the conditions contained in the report. ORDERED on the motion of Alderman Janvary, seconded by Alderman P~y, that the report be received and adopted. Carried Unanimously. No. 429 ? Chief Adainistrative Officer - Re: B-86-51, Masonry Wall Behind the Flagpoles in Centennial Square - City Hall. The report recommends that Staff be authorized to arrange for the remove1 of the masonry wall situated behind the flagpoles and in place thereofF construct imnprovements in accordance with a design prepared by H.G. Acres. Alderman Cummings declared a conflict of interest because he is employed the firm involved. His Worship Mayor Smeaton expressed concern with respect to an alteration the structure of City Hall. ORDERED on the motion of Alderman Chessman, seconded by Alderman Pay, that the matter be referred to the Municipal Works Committee for consideration. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of iOterest previously recorded, and all ochers voting in favour~ Me. &30 e Chimf Adsainietretivs~efiear - Re: V-86-5, Municipal Accounts. The report recommends that the accounts totalling $7,542,853.87 for the period ending September 8oh, 1986, be approved by the passing of the by-law appearing later on the agenda. . . , . 11 No, 431 ? Alderman Cheesman- Interim Report on Municipal Elections in Ontario. Alderman Cheesman distributed a brief entitled "Summary of Recommenda- tions and Proposed Municipal Electoral Process". He stated that the Province would like this information to be circulated and a response submitted by the end of October 1986. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the information be referred to Staff to consider the implications; approve an ad hoe Committee, comprised of Aldermen Chessman, Cummings, and Janvary; and authorize Staff to publish a summary of recommendations in the local newspaper with the request for a written response by interested citizens. Carried Unanimously. No. 432 - Alderman Cheesean - Re: A.M.O. Convention in Toronto. The report includes information regarding the recently held A.M.O. Convention with respect to Resolutions, and Workshops for the information of Council. Alderman Pay presented a verbal summary of Workshops he had ateended, and advised that the A.M.O. Convention was an "excellent unified sounding-board for all Municipalities to address". Alderman Puttick discussed his efforts to promote the City of Niagara Falls as the location for a future A.M.O. Convention. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Janvary, that the report be received and filed. Carried Unanimously. No. 433 ~ Chief Adaluistrative Officer - Re: CD-86-5, B.R.I.C. Applications. The report recommence Chat Council authorize the payments of, $2,000.00 and $1,930.00 as the City portion of the cost of restoration to two designated properties under the B.R.I.C. Program. ORDERED on the motion of Aldermen Cheesman, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimousl7. leo. 434 - Chief Administrative Officer - Re: CD-86-6, AM-4/85, Restricted Area By-law No. 86-22, and Regional O.P. Amendment 25. Proposed Islamic Cemetery. The report recommends that the date of the Ontario Municipal Board Hearing be noted, AND that this report be received and filed. ORDERED on the motion of Alderman Coville, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimouslye. No, 435 ~ Chief Adsdnistrative Officer - Re~ CD-86-7, Pc11 Street Road Alloyante ~ease. The report recommends that the licerice agreement between the City and Robert Orr for the use of the Pell Street road allowance and cottage be transferred co Mr. Daniel Long. - 12 - Alderman Hopkins declared a conflict of interest because a member of his family has a business interest. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Alderman Hopkins abstaining from the vote on a conflict of interest previously recorded, and all others voting in layout. - 13 - ~o. 71 ~ PAY ~ HINSPERGER - RESOLVED that the unit prices submitted by }lard Rock Paving Company Limited for Contract R.C. 19-86 - Finished Road Constructioo in Drummond Park Village Subdivision - Stage I, be accepted at the low tendered price of $46,660.70; AND the Seal of the Corporation be hereco affixed. Carried Unanimously. Nee 436 ~ ~hief Ad~luistrative Officer - Re: CD-86-8, Establishing One-Foot Reserve as a Public Highway (Wilinger Street). The report recommends that the by-law on tonight's agenda establishing Block "D", Regional Plan M-21, as a Public Highway be approved. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law No. 86-180. ~o. 437 e Chief Administrative Officer - Re: CD-86-9, Rose Street Road Allowance. The report recommends that Council determine if it wishes to reaffirm it8 decision to dispose of the Rose Street road allowance or retain it until a future date in anticipation chat new adjacent owners may wish to purchase one-half each. Alderman Puttick discussed the adjacent residents who may not be willing to purchase the property. He indicated the presence of Mrs. Volpatti at the meeting, his wish to meet with residents to discuss this matter further, and submit a report. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the report be tabled for further information. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Cummings, Herrington, Hinsperger, Hopkins, Janvary, Pay, and Puttick. NAYE: Alderman Coville. No. 438 - Municipal Works Committee - Re: MW-86-105, Vehicle Maintenance Computer(Handout Report). The report recommends that the Chief Administrative Officer be authorized co spend a maximum of $6,500.00, plus Provincial Sales Tax, to purchase a micro computer and the necessary software to provide a vehicle maintenance system. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Covtlle, that the report be received and adopted. Carried Unanimously., No. 72 - CMBESNA~ - L~INGS - RESOLVED that the unic prices submitted by Alftdome Construction Limited for Contract R.C. 20-86 - Finished Road Construc- tion in Charnwood Subdivision - Stage II - Phase I, be accepted at the low tendered price of $61,568.70; AND the Seal of the Corporation be hereCo affixed. Carried Unanimously. ~oo 73 - PAY - HINSPERGER - RESOLVED that Champion Road Machinery be awarded a contract for two graders at a cost of $2,700.00 per month for a minimum of four months; AND the Seal of the Corporation be hereco affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Baker, seconded by Alderman Coville, that leave be granted co introduce the following by-laws, and the by-laws be read a first time: No. 86~180 - A by-law to establish a one foot reserve as a public highway. (Block "D", R.P. M-21). 86-181 - A by-law to authorize the execution of an agreement with Roadmaster Road Construction & Sealing Ltd. for crack sealing on various road surfaces in the City of Niagara Falls. ~o, 86~182 - A by-law to authorize an agreement with R.V. Anderson Associates Limited for engineering services. N~. 86~183 - A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for road construc- tion on Fourth Avenue from Bridge Street to the north limit of Fourth Avenue. RESOLUTIONS 1~o, 67 - Cm~ES~N - JA~A~Y - RESOLVED that the Council of the City of Niagara Falls aupports a tw~ year extension of draft plan approval for the Rainbow Gardens Subdivision - (File No. 26T-74143), and that the Ministry of Municipal Affairs be so advised; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No, 86~184 - ~. 86~,185 - Ro. 86-186 - Be. 68 - C~ES!~I- JANUARY - RESOLVED that the Council of the City of Niagara Falls supports a one year extension of draft plan approval for the Drummond Park Village Extension - (File No. 26T-80003 Revised), and that the Ministry of Municipal Affairs be so advised; AND the Seal of the'Corporation be No. 86-187 - hereto affixed. Carried Unanimously. A by-law to authorize the execution of an agreement with Hard- Rock Paving Company Limited for finished road construction in Drummond Park Village Subdivision - Stage I. BO. 69 - ~II~SMAN~ PAY - RESOLVED that the unit prices submitted by Roadmaster Construction and Sealing Ltd., for Contract R.M. 17-86 - 1986 Tender for Crack Sealing, be accepted aC the low ~endered price of $12,960.00; AND the Seal of the Corporation be hereto affixed· Carried Unanimously. riO, 70 - ~R08 . JAIWA~Y - RESOLVED thaC the unit prices submitted by Provincial Construction (Niagara Falls) Limited for Contract R.C. 18-86 - Road Reconstruction on Fourth Avenue; from Bridge Street to North LImit, be accepted at the low tendered price of $386s815·00| AND the Seal of the Corporation be hereto'affixed° , Carried Unanimously. · o . . D A by-law to authorize the construction of a sanitary sewermain as an improvement and extension to the sewage system in the Urban Service Areas of the City. A by-law to authorize the execution of an agreement with Alfidome Construction Limited for finished road construction in Charnwood Subdivision, Stage II, Phase I. A by-law to provide monies for general purposes. The motion Carried with Aldermen Cheesman, Cummings, Harrtngton, and Hinsperger abstaining from the vote on By-law No. 86-187, on conflicts of interest previously recorded in Report No. 430; 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: ~. 85v18~- A by-law to establish a one fooC 'reserve as a public Etghway. ', (Block ".V", R.P, N-21), - 14 - Ro, 86~18l - A by-law to authorize the execution of an agreement with Roadmaster Road Construction & Sealing Ltd. for crack sealing on various road surfaces in the City of Niagara Falls. No, 867182 - A by-law to authorize an agreement with R.V. Anderson Associates Limited for engineering services. NO, 86~183 - A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for road construc- tion on Fourth Avenue from Bridge Street to the north limit of Fourth Avenue. No. 86~.184 - A by-law to authorize the execution of an agreement with Hard- Rock Paving Company Limited for finished road construction in Drummond Park Village Subdivision - Stage I. NO. 86~185 - A by-law to authorize the construction of a sanitary sewermain as an improvement and extension to the sewage system in the Urban Service Areas of the City. NO. 86-186 - A by-law to authorize the execution of an agreement with Alftdome Construction Limited for finished road construction in Charnwood Subdivision, Stage II, Phase I. leo, 86-187 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Chessman, Cummings, Harrington, and Hinsperger abstaining from the vote on By-law No. 86-187, on conflicts of interest previously recorded; and all others voting in favour. NEW BUSINESS ITEMS OF CONCERN; Nelland River(A.K.A. Chippawn Creek) - Alderman Coville requested a report at-the next meeting of Council with respect co the clean-up of Chippawa Creek. ITEMS OF INTEREST: Nexus News - Alderman Janvary referred to the handout item, Nexus (Niagara Women's Networking Newsletter), and asked that these be taken home for information. Terr7 Fox Run - Alderman Janvary discussed the upcoming "Terry Fox Run". challenged members of Council to participate. Alderman Pay Niagara legional ~-htbitions Nelland- Alderman Janvary advised that Niagara Falls Day at the Exhibition was scheduled for Sunday, September 14th, 1986, and referred to groups from Niagara Falls.who have planned programs for ~he even~, It was moved by Alderman Baker, seconded by Alderman Pays that the meeting adjourn, THIRTY-EIGHTH MEETING REGULAR MEETING Council Chambers September 22, 1986 Council met on Monday, September 22, 1986 at 7:30 p.m. for the purpose of considering general business. All members of Council, with the exception of Aldermen Campbell, and Hopkins were present. His Worship Mayor Smeaton presided as Chairman. Alderman Marrlngton offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman, that the minutes of the meeting held September 8· 1986 regarding Jimmy SwagSart Ministries rezoning application· Recommendation No. 4, be referred to Staff for further consideration. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Binsperger, that the minutes of the meeting held September 8th, 1986, be adopted as amended. Carried Unanimously. DEPUTATIONS NIAGARA TRANSIT - PROPOSAL TO ESTABLISH A PASSENGER TERMINAL AT THE CORNER OF BRIDGE STREET & ERIE AVENUE. Mr. Ken Dubois, chairman of Niagara Transit explained the proposal to City Council. Me indicated that it would be desirable to move the present bus depot from the Falls View area to the downtown area. He indicated that the bus companies who patronize the present depot would probably be leaving the area in any event, and that one bus company was not renewing its lease, and if it could not be accomodated to the Niagara Transit terminal it would probably be seeking land from CN on Bridge Street. Mr. Tony Zappltelll expressed concern with the proposed move of the bus terminal from the Falls View area. He felt that it would be detrimental to the tourist business in the Falls View area. Mr. Zappitelll explained that he had preliminary approval for a high-rise hotel in the area of the existing depot and stated that this was one of the factors taken into consideration when he made his plans. -AND- Communication No. 298 - Loretto Academy - Re: Niagara Transit. The communication expresses obj ectlon to the re-location of the bus terminal to a downtown area. -A~ - Communication No. 299 - Liberty Inns - Re: Niagara Transit. The communication expresses objection to the re-location of the bus terminal to e downtown area. ORDERED on the motion of Alderman Pay, seconded by Alderman Chessman, that the matter be referred to Planning Staff for a report in two weeks time. Carried Unenlmouely. k, p,,,N_ATjgRS. ACNZEVlm WORLD PEACE Mr. Craig Cook explained that the local branch of the United Nations is sPonsorinS a contest to stimulate activities in the local branch end increase the awareness of achieving world peace in schools. The contest Includes e written assay, an art component, and 8 music component. He asked that the City of Niagara Falls participate by offering the first prize of $50.00 and also to present the award to the winner. ORDERED on the motion of Alderman C-mmings, seconded by Alderman Pay, that the matter be referred to the [inence Committee. Carried Unanimpusl~. -2- PETITION FROM PROPERTY OWNERS ON OAKWOOD DRIVE Mr. Ray Wilson spoke on behalf of the residents of Oakwood Drive asking for the extension of the sanitary sewer system to serve the residents and businesses on Oakwood Drive from McLeod Road running south to 8676 Oakwood Drive. The Director of Municipal Works showed sketches and explained that such a system would require a pumping station to the west. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Pay, that the matter be referred to The Municipal Works Committee. Carried Unanimously. U IM SHRD BINGO OPERATIONS IN NIAGARA FALLS No. 439 -Chtef A~istrative Officer - Re: CD-86-11, Bingo Operations in Niagara Falls. %"he report recommends that the following recommendations relative to the operation of Bingo and Raffle Lotteries be adopted by City Council. Aldermen Cummings, and Hinsperger declared conflicts of interests on the following seven recommendations because they are members of organizations which conduct blngos. Members of various organizations conducting Bingos were present at the meeting and commented on the recommendations in the report. Recommendation No. 1: That the maximum limit in the American bank account for each licehoed organization be increased to $1,500.00. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the recommendation be received and adopted. Carried. Recommendation No. 2: That the prize board of $3,000.00 which was reduced to that amount as of April 1, 1986 be maintained. ORDERED on the motion of Aldermen Coyills, seconded by Alderman Barrington, that the recommendation be received and adopted. Carried. Recommendation No. 3: That a licence issued for a particular quarter be considered complete and binding for that quarter or three month period. ORDERED on the motion of Alderman Orr, seconded by Alderman Chessman, that the recommendation be received and adopted, Carried. Recommendation No. 4: That the draft by-law attached to this report respecting the licensing of Charitable or Religious Organizations to conduct Bingo Lotteries, Raffle Lotteries or Lottery Schemes held at Bazaars be approved for passing at a subsequent meeting of City Council and take effect on January 1, 1987. ORDERED on the motion of Alderman Chessmen, seconded by Aldermen Orr, that the recommendation be received and adopted. Carried~. Recommendation No. 5: (1) That the afternoon Bingo market be expanded to allow for 2 events per day between the hours of 12 noon to 6 P,M, (2) That the late night BinSo market be expanded to allow for 2 events per eveninS after 10 PeM,, with the exception of Friday which currently has 3 events running. 3 (3) That this expansion be for a trial period of six months, and that continuation of these new events he governed by significant progress proving their viabillty, that is, by the licencee making at least more than their rental fees over this period. (In discussion with the Province on this recommendation, they advise that Bingos should be operated for the benefit of the charities and not the commercial halls, and that any expansion should be governed by acceptable profits for the licencees.) (4) That if one of the three groups operating late night Bingos on Friday evening ceases to run, the number of late night Bingos for Friday evening revert to two events, so that only two events will run each night of the week. ORDERED on the motion of Alderman Puttick, seconded by Alderman Harrington, that the recommendation not be approved. The motion was Defeated with the following vote: AYE: Alderman Harrlngton, Orr, and Puttick. NAYE: Alderman Baker, Cheesman, Coyills, Janvary, and Pay. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Baker, that the recommendation be received and adopted. The motion was Carried with the following vote: AYE: Alderman Baker, Chessman, Coville, Janvary, and Pay. NAYE: Alderman Herrington, Orr, and Puttick. Recommendation No. 6: That the following freeze on events be approved, and that the appropriate changes be made in the number of events if the new expansions do not prove successful. Commercial Regular Afternoon Evening Evenins bate Niab~ Monday 2 4 3 2 Tuesday 2 4 1 2. Wednesday 2 4 I 2 Thursday 2 4 I 2 Friday 2 4 1 3 Saturday 2 4 0 2 Sunday 2 4 0 2 14 28 7 15 ORDERED on the motion the recommendation be following vote: of Alderman Chessman. seconded by Alderman Baker. that received and adopted. The motion Carried with the AYE: Alderman Baker, Chessman, Coville, Janvary, and Pay. MAYEr Aldermen Herrington, Orr, and Puttlck. Recommendation No. 7: That the present policy on busing which was adopted by Councll on June 9. 1986 be continued. OPtFRED on the motion of Alderman Coville, seconded by Alderman Cheesman, that the recommendation be received and adopted. The motion Carried with the following vote~ AYE: Alderman Baker, Chessman, Coville, Herrington, Janvary, Orr, and Puttick. NAYE: Alderman Pay, HOLY FAMILY REGIONAL NIAGARA YOUTH CENTRES & BOYS' HOMES Communication No. 300 - Requesting a $50,000.00 grant to winterize Holy Family Centre. The communication requests confirmation that the funding be provided by the City of Niagara Falls to the end of 1986 and that a letter indicating this support be forwarded to the Federal Government. 4 Alderman Chessman expressed his disapproval of the manner in which the 1986 8rant had been handled this year, and suggested a definite decision should be made in 1987 before any grant is considered and that the home should establlsh a positive relationship with the Region. ORDERED on the motion of Aldermsn Cummings, seconded by Alderman Harrington that the grant for the remainder of 1986 be approved and that a letter indicating this support be forwarded to the Federal Government. The motion Carried with the following vote| AYE: Alderman Baker, Chessman, Coyills, Cummings, Harrlngton, Minsperger, Janvary, and Pay. NAYE| Alderman Orr, and Puttick. COMMUNICATIONS No. 301 - Alderman Norman Puttlck - Re: Policy Alteration - suggesting cessation of per diem payments under Section 238 of the Municipal Act, if other payment is involved. The communication outlines various concen.s with respect to the office of the Mayor and in partlcular payment for attendance at various Boards and Commission meetings. Alderman Puttick suggested that his comments be tabled and that the matters outlined in his communication be considered along with the attached letter dated May 16, 1986, from Alderman Hinsperger at a special meeting to be set prior to the end of October, 1986. His Worship Mayor Smeaton indicated that he was opposed to tabling the matter as he had concerns with the comments in the letter, some of which appeared to criticize the office of the Mayor. Mayor Smeaton proceeded to reply on each of the matters raised in the communication. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the communication be received and filed. Carried Unsnlmously. No. 302 - Petition from Residents of Barker Street - Re: 5965 Barker Street - Advising of complalnts with regard to the behaviour of inhabitants at this address. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the matter be referred to a meetingWith Police Officlals to be held on September 23, 1986. Carried Unanlmously: No. 303 - Minister of Aariculture & Food - Re| t~orld Food Day" - asking Council to proclaim October 16, 1986 as '~orld Food Day" & encourage participation in local events. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, t~at the request he approved subject to establlshed policy. ~9[~ed Unanimously. No. 304 - Federal Business Development BA,k - Re: "Small Business Weak" - requesting Council to proclaim the week of October 19-25, 1986 as "Small Business Week". ORDERED on the motion of Alderman Pay, seconded by Alderman Hinspe~ger, that the request be approved subject to established policy. Carried Unanimously. No. 305 - The Royal Canadian Legion (Branch 396) - Re: Legion Weak Church Parade - September 28, 1986 - requesting a Parade Permit. Alderman Rinsperger declared 8 conflict of interest as he .is a member of the organization, ORDBRED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the request be granted subject to the approval of other authorities, Carr!edt - 5 - No. 306 - Chippawa Lions Club - Re: 1986 Santa Claus Parade - November 30, 1986 - requesting Parade Permit. Alderman Hinsperger declared a conflict of interest as he is a member of the organization. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman. that the request be granted subject to the approval of other authorities. Carried. No. 307 - Phil Calabreseo C, eppino's Grocery Food Market - Re: Parking - requesting permission to use parking lot at Niagara Falls Memorial Arena to sell grapes from a truck. ORDERED on the motion of Alderman Cummings. seconded by Alderman Pay, that the request be approved subj act to Mr. Calabrese entering into an agreement with the Gity, and providing adequate insurance coverage. Carried Unanlmou~ No. 308 - D.J.W. Moncrief, P. Eng., Project Manager. Fenco - Re: Site Impact Traffic Study - Bender at Grade Crossing. Maple Leaf Village Development. ORDERED on the motion of Alderman Cummings. seconded by Alderman Chessman. that the matter be referred to Staff. Carried Unanimously. No. 309 - Township of Oxford-on-Rideau - Re: Liability Insurance - asking support of a resolution to petition the Minister of Municipal Affairs to introduce legislation for a ceiling on any liability insurance claim. ORDERED on the motion of Alderman C-mmlngs, seconded by Alderman Hinsperger, that the matter be referred to Staff. Carried Unanimously. No. 310 - Ministry of Citizenship & Culture, Heritage Branch - Re: Termination of the Designated Property Grants Agreement. ORDERED on the motion of Alderman Cummings, seconded by Alderman Gorilla, that the communication be received and filed. Carried Unanimously. No. 311 - United Tre--portation Union - Re: Train's Rear Crew - suggesting input end attendance at the RTC Hearing on November 17, 1986, to support retention of a rear crew in a caboose. ORDERED on the motion of Aldermsn Chessman, seconded by Alderman Pay, that the communication be received and filed, and that a letter of support be forwarded. Carried Unanimously. No. 312 - The Niagara Peninsula Conservation Authority - Re: Reform, Responsibilities and Funding of Conservation Authorities, Alderman Coville felt that it would be advisable to have someone from the NPCA explain some of the proposals. His Worship Mayor Smeaton advised Council that a Niagara Falls representative would be willing to appear at s future Council meetinS. The City Clerk will arrange for a representative to be in attendance in ~wo weeks, ORDERED on the motion of Alderman Coyills, seconded by Alderman Cummings, that the matter be tabled for two weeks. ~arried Unanimously. 'l No. 313 - The Niagara Peninsula Conservation Authority Re: Follow-Up Audit of Authority - attaching copy of Audit of Financial & Management Controls i ORDERED on the motion of Alderman Chessman, seconded by Alderman Pay, that the communication be received and filed. 9arried Unanimously. No. 314 - The Corporation of the Town of Parry Sound - Re: 100th Birthday - inviting the inclusion of the City of Niagara Falls Float in the Centennial Parade, 0Pd)ER~ on the motion of Alderman Cununings, seconded by Alderman Chessmen, that the matter be tabled for a Staff report, Carried..Unsnimously, -6- No. 315 - Niagara Jells Junior wBm Canucks - Re: requestlnS Special Occasion Permit for the Niagara Falls Arena Bluellne Room. for dates included in the communication. ORDERED on the notion of Alderman Cummings, seconded by Alderman Baker that the request be granted subject to the approval of other authorities. Carried Unani~f~sly. REPORTS No. 440 - Chief Administrative Officer - Re: Opportunities Study - Consultant Selectlon. following: PD-86-105, Commercial/Office The report recommends the 1) That the IBI Group in association with Miller O'Dell and Paul be retained to undertake a Commercial/Office Opportunities Study for the City of Niagara Falls at a cost not to exceed $30,000.00. 2) That Council enact the By-law listed on the 1986 09 22 agenda authorizing the Mayor and Clerk to execute the required contractual agreement. ORDERED on the motion of Alderman Baker, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 441 - 6~ef Adm~nlstretive Officer - Re: PD-86-106, Adult Entertainment Parlours. ORDERED on the motion of Alderman Puttlck, seconded by Alderman CumminS,, that the report be received and adopted. Carried Unanimously. No. 442 - 6"nlef A~nistratlve Officer - Re: B-86-54, The Building & Inspections Department Report for August 1986. ORDERED on the motion of Alderman C,,mm{nga, seconded by Alderman Pay that the report be received and adopted. Carried Unanimously. No. 443 - Chief AdmlnlstrmtNe Officer - Re: B-86-55, Site Plan Approval, Proposed 3 Unit Apartment BuildingAddltion - 5723 MeGtall Avenue. The report recommends the addition be approved subject to the conditions enumerated therein and subject also to the condition that 811 required off-street parking spaces be provided on that portion of the applicant,', lands which are not subject to a right-of-way. Alderman Coyills declared a conflict of interest as a relatlve works for the company concerned. ORDERED on the motion of Alderman Puttlnk, seconded by Aldermen Chessman. that the report be received and adopted. Carried. No. 444 - Chief JAldnistrative Officer - Re: R-86-38, Ker Park FentinS. ORDERED on the motion of Alderman Cummings. seconded by Alderman Hinsperger, that the report be received and adopted. and that copies of the report be forwarded to users of the park. 9~Frled Unanimously. No. 445 - Chief/Mlministrmtive Officer - Re: MW-86-106. Welland River Clean Up. It is recommended that: 1. This report be received end filed for information. 2. Norton Company be commended for the responsible manner in which they are responding to this manner. Alderman Cummings declared a conflict of interest as he is employed by the firm working on this contract. Alderman Harrington stated that he was in fayour of Recommendation No. 1, but could not support No. 2 which con8ratulatee the Norton Company for the _ excellent manner in which they responded. He felt that the Norton Company may have been responsible for the problem and that it was their duty to clean up the problem in the River. -7 - Mayor Smeaton stated that he did not agree with the Alderman's comments. and felt that the Norton Company was a good corporate citizen which has employed many local persons for many years and should be commended for its interest and financial assistance for the clean up. Several Aldermen also praised the action by the Norton Company. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the report be received and filed, and that the Canadians for a Clean Environment be commended as well as the Norton Company. Carried. ORDERED on the motion of Alderman Cummings. seconded by Alderman Janvary. that approval be granted to proceed past 11:00 p.m. Carried Unanimously. No. 446 - Chief Ad~inlstrative Officer - Re: MW-86-108, Committee Reports. The report makes the following recommendations: 1) l~d-86-98, Repairs to Water Department Crane Truck- It is recommended that repairs in the amount of $7,700.00 be authorized for City Vehicle 150 used by the Water Department. 2) ~-86-100. Development Controls - Chlppawa Area & Marina Park Estates Subdivision - It is recommended that - The City continue to hold in abeyance the registration of plans of subdivision and approval of major rezonlng applications until further reductions in extraneous flows to the Chippaws sanitary sewer systen have been achieved, and The draft plan approval process for the proposed Marina Park Estates Subdivision be continued upon flnalization of the watercourse land acquisition policies/guidelines. .. 3) Md-86-103, Mountain Read Landfill Site - It is recommended that this report be received and filed. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cheesman. that the report be received and adopted. Carried Un~.mously. No. 447 - C"da[ef Administrative Officer - Re: MW-86-109, Condition of Consent for Application B/380/86 for J. & A. McBool. Scholfleld Road at Mewburn Road. The report recommends that Councll approve the By-law on tonight's ageads which authorizes an agreement between the Municipality and the Applicant to preclude the development of the subject land except by Plan of Subdivision. ORDERED on the motion of Alderman Cummings. seconded by Alderman Pay. that the report be received and adopted. Carried Unanimously_. No. 448 - Chief Administrative Officer - Re: F-86-6, Municipal Accounts. The report recommends that the accounts totalllng $9,192,092.34 for the period endinS September 22. 1986 be approved by the passing of the by-law appearing later on the agenda. Alderman Cheesman returned Cheque No. 19003, which will be deleted from the by-law. Alderman Hinsperger declared a conflict of interest on Cheque No,. 18897 and No. 18998 as he employed by the company. Alderman Cumminss raised questions regarding Cheque No,. 18922, 18947, 18975, and additional information was provided. ORDERED on the motion of Alderman Cheesman. seconded by Alderman Hinsperaer, that the report be received and adopted. The motion Cs~rte~ with Alderman NinsperSer abstaining from the vote on a conflict of interes~ Previously recorded, and 811 others vetinS in fayour. -8- No. 449 - Chief Administrative Officer - Re: CD-86-10, Proposed Sale of Part of Swayze Drive. The report recommends that Council authorize the closing of s section of Swayze Drive having dimensions of approximately 17 feet by 396 feet and its sale to the abutting owner at a cost sufficient to cover the removal of covenants presently on tltle and the preparation of the necessary reference plan. Full details of the sale price to be covered in a subsequent report. ORDERED on the motion of Alderman Cummings, seconded by Aldermen Hinsperger, that the report be received and adopted. Carried Unanimously. No. 450 - Chief ~am~nistrative Officer - Re: CD-86-12. Designation of the "Lyons Creek United Church", South side of Schlsler Road, west of Moatrose Road. The report recommends that Staff be authorized to commence the procedure for designating the property known as the "Lyons's Creek United Church" as an architecturally and hlstorlcally significant property, under the provisions of the Ontario Heritage Act. ORDERED on the motion of Alderman Chessmen, seconded by Alderman Coyills, that the report be received and adopted. Carried Unanimously. Ne. 451 - Chief Administrative Officer - Re| C-86-2, Incentive Program for Civic Employees - United Way. The report recommends that Councll approve an extra five days' vacation for the winners of the two draws of the City's 1986 United Way Incentive Program. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay that the report be received and adopted. Carried Unanlmously:. No. 452 - Alderm~n Cummings - Verbal Report. Alderman Cummings stated that his comments were made at the Finance Committee Heating held earlier. 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. 86-188 - A by-law to authorize an agreement with IBI Group for a Commercial/Office Opportunities Study. No. 86-189 - A by-law to authorize an agreement with Champion Road Machinery Sales Ltd. for the rental of two graders. No. 86-190 - A by-law to authorize an agreement with Champion Road Machinery Sales Ltd. for an extended power train warranty for the City'e Model No. 730 Grader. No, 86-191 - A by-law to authorize a subdivision agreement with Welland Securities (1984) Limited respecting the proposed Miller Oskes Estates Plan of Subdivision. No. 86-192 - A by-law to authorize the execution of an agreement with Mark Gordon Freston and Eva Caroline Preston. No. 8~-193 - A by-law to authorize the execution of a license aSreement with Daniel Lena. No. 86-194 - A by-law to authorize the execution of an agreement with Bertram James Watson. No. 86-195 - A by-law to authorize the conveyance of lands to Greater Niagara Transit Commission. No. 86-196 - A by-law to evthoriae a development agreement. (DePsolo 6 DiBenedetto). No. 86-197 - A by-law to provide monies for general purposes. The motion Carried with Alderman Orr abstaininS from the vote on By-law No. 86-193. as ~ relative is involved in the transaction~ and all othe~ vetinS favOmr.. ORDEP. gD on the motion of Alderman Cummin2s, seconded by Alderman Fay, ~hat the follo~in8 by=laws be no~ road a second and third ~ime, -9- No. 86-188 - A by-law to authorize an agreement with IBI Group for a Commercial/Office Opportunities Study. No. 86-189 - A by-law to authorize an agreement with Champion Road Machinery Sales Ltd. for the rental of two graders. No. 86-190 - A by-law to authorize an agreement with Champion Road Machinery Sales Ltd. for an extended power train warranty for the City's Model No. 730 Grader. No. 86-191 - A by-law to authorize a subdivision agreement with Welland Securities (1964) Limited respecting the proposed Miller Oakes Estates Plan of Subdivision. No. 86-192 - A by-law to authorize the execution of an agreement with Mark Gordon Preston and Eva Caroline Preston. No. 86-193 - A by-law to authorize the execution of a license agreement with Daniel Long. No. 86-194 - A by-law to authorize the execution of an agreement with Bertram James Watson. No. 86-195 - A by-law to authorize the conveyance of lands to Greater Niagara Transit Commission. No. 86-196 - A by-law to authorize a development agreement. (DePaolo & DiBenedetto). No. 8~-197 - A by-law to provide monies for general purposes. The motion Carried with Alderman Orr abstaining from the vote on By-law No. 85-193, On a conflict of interest as previously recorded; and all others voting in layout, NEW BUSINESS ITEMS OF CONCERN,. Purehn-e of H~undai Cars - Alderman Cummings stated that he had received a call expressing concern about the purchase recently by the City of four Hyundai cars. Dorchester Road - Alderman Cummings expressed concern on the condition of a portion of Dorchester Road. There is a problem with leakage below the road surface which the Region says is the responsibility of the City and they will not make repairs to the road until this is corrected. Staff is to report on this matter. Fourth Avenue - Alderman Herrington received a letter from Mr. Robert Rust of Fourth Avenue who is concerned about tractor trailers using this street goinE to the Cyanamid Plant and also about littering on the street and pollution in the area, The matter was referred to Staff to investigate. ITEMS OF INTEREST Alderman 0rr asked that a letter of congratulation be forwarded to Miss Barbara Newman on her recent appointment to the position of Deputy Treasurer in the Town of Fort Erie, It was moved by Alderman Chessman, seconded by Alderman C,,m~ings, that the meeting adjourn. ~e~a~aa,, 8' S~ATON THIRTY-NINTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 September 2q, 1986 Council met on Monday, September 2qth, I986, at 6:00 p.m. in Committee of the Whole. All members of Council were present. Alderman Harrington presided as Chairman. Following consideration of the arose without reporting. ~6FTED, ~~ L esented, the Committee of the l~ole S. SMEATON Council Chambers September 29, 1986 Council met on Monday, September 29th, 1986, 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 ltopklns offered the Opening Prayer. PRESENTATIONS RECOGNITION AWAI{DS - His Worship Mayor Smea~on presented Recognition Awards to the Team Members and Coach of the Niagara Falls Cataract Sports Ball Hockey Team, with congratulations: Tony Iannone, Dave Watson, Frank Greco, John Camella, and Jim Ferraro, Team Members; and Bob Agretto, Coach. The following Team Members not in attendance were: Ted Burlak, Greg Foy, Pat Manningham, Paul MacLean, Start Burlak, John Amato, Andre Lewitzky, Steve Martin, Carl Dunn, Grant Foy, Paul Thibert, and Dennis Iamarino. Mr. Agretto will give the Awards to the absent members with the congratulations of Council. DEPUTATIONS NIAC. A~FALLS, CANADA, VISITOR & CONVENTION BUREAU - CommntcaCion No. 316 T Niagara Falls Canadas Visitor & Convention Bureau - Mr. Mike Malls, President, Visitor & Convection Bureau, submitted and reviewed a handout communication with an attached brief regarding a Tourism Economic Impact Study. Me responded to questions raised regarding budgetting, staffing fur the Study, the proposed product and its potential for assisting in decisions with respect to developments, funding, and zoning in Niagara Falls, as well as pro- viding Justification and accountability for the Bureau. The possibility of marketing the Study to other Municipalities was discussed. Mayor Smeaton introduced Mr. Frank A. LaFleche, Executive Vice President of the Bureau; and Mr. Fred Cads, owner of the Cairn-Croft Motor Ilotel, who were in attendance. The Planning Director responded to questions raised with regard to the benefits of the Study to the City of Niagara Fall8J and its relationship to the Lanmer Fenco Study previously completed. Following a lengthy discussion, it was moved by Alderman Coville, seconded by Alderman 0rr, that the matter be referred co the Finance Committee for discussion at its meeting on October 6th, 1986~ and the submission o~ a report to Council later on that date. The motlon Carrie~ with the following vote~ AYE: NAYE: -2- Aldermen Baker, Campbell, Cheesman, Coville, Cummings, Harrington, Hopkins, Janvary, Orr, and Pay. Aldermen Hinsperger and Puttick. CITY PURCHASE OF HIUNDAI PONIES - 6olssunfeatfonNo- 317 - Craig Robinson - Re: Hyundai Ponies. The communication requests permission to address Council. Mr. Robinson stated thac he was a homeowner and taxpayer, was employed with General Motors and a member of the C.A.W., but was noc representing the company or the union- Re expressed opposition to the purchase of four cars, earlier this year, from Hyundai, a Korean company, and suggested that the City should "buy Canadian". Ktm afro , Mr. er r Niagara Falls & District Labour Council; and Mr. Michael McAra, a member of the C.A.W Local 1054, and employed with Ford Glass, but not representing either; discussed their opposition to the purchase of the four Hyundai Ponies. During the lengthy discussion, it was pointed out that the correct tendering process was followed; that the "lowest tender is not necessarily accepted"; the exchange of goods and services across international borders was necessary to retain the current standard of living; and it was suggested that the Niagara Falls & District Labour Council might Join the Chamber of Commerce in conducting a study on the tendering process. The Director of Municipal Works replied to questions raised regarding the acceptance of the tender bidding on new vehicles- MR. GIUSEPPE DE CARIA- R.R.A.P. LOAN - Mr. Giuseppe De Caria was granted permission to address Council on the motion of Alderman Puttick, seconded by Alderman Cummings. He discussed his unsuccessful attempts to make application for a R.R.A.P. Loan, and his contacts with Mayor Smeaton, the Chief Administrative Officer, and the Manager of Renewal & By-law Enforcement. The Chief Administrative Officer explained that Mr. De Caria had made application for funding under the R.R.A.P. program, but was unable to meet the criteria of the Federal Government with respect to household revenue. He stated that Mr. De Caria had been apprised of his inability to meet the criteria, but had expressed his desire to address Council. His Worship Mayor Smeaton advised that Mr. De Caria had been in contact with the local Members of Parliament, Honourable Vines Kerrio, Minister Natural Resources; and Mr. Rob Nicholson~ M.P. He further advised that the application was to another level of government. COMMUNICATIONS No. 318 - Nichelie Dash, Director of Marketing, Skybn Tower - Re: "Spirit of Okcoberfesc" - 0ccober 10th to 12th, 1986. The communication attaches a Press Release regarding the aforementioned events and requests permission co hang publicity banners at the intersection of Stanley Avenue and Morrison Street, and on Perry Street at Sylvia Place. Michelle Dash and Barbara Collins of the Skylon Tower were in attendance. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hineperger~ that the request be approved. Carried Unanimously. NO. 119 - City of Welland - Re: Regional Headquarters Expansion. The communication requests support of a resolution opposing any proposal for the expansion of Regional Niagara Headquarters, pending a review by each participa- ting Municipality. During the discussion, it was pointed out that Mayor Smearon and three Regional Councillors represent the City of Niagara Falls at the Region. His Worship Mayor Smearon stated that the matter was precipitated by the needs of the Niagara Regional Health Committee for additional space. ORDERED on the motion of Alderman Cummings, seconded by Alderman 0rr, that the resolution be endorsed. The motion Carried with the following vote, -3 - AYE: Aldermen Campbell, Cheesman, Cummings, ltinsperger, Hopkins, Orr, Pay, and Puttick. NAYE: Aldermen Baker, Coville, Harrington, and Janvary. No. 320 - The Niagara Falls & District Labour Council - Re: Testimonial Dinner/Dance for Bill Cooper. The communication invites Council to attend the Testimonial Dinner/Dance in honour of Mr. Bill Cooper, Past President of the Labour Council. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the communication be received and filed, and as many members of Council as possible attend the function. Carried Unanimously. No. 321 - East Niagara Housing Authority - Re: 86 Unit Senior Citizen Complex & 40 Unit Family Complex - Allanthus Avenue. The communication requests the installation of a storm sewer system in the area as soon as possible. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be referred to Staff. Carried Unanimously. REPORTS No. 453 - Environmental Planning Cowa, 4tCee - Re: PD-86-108, The Joint Canada/U.S./Ontario/New York Niagara River Clean-up Agreement. The report recommends the following: 1) That Council adopt the following resolution: WHEREAS, the City of Niagara Falls Ontario is concerned for the protection and enhancement of the environmental quality of the Niagara River for the health and welfare of its citizens; and WHEREAS, the City has expressed these concerns Jointly with its municipal counterpart, Niagara Falls, New York by adopting an Environmental Policy; THEREFORE BE IT RESOLVED that the City of Niagara Falls, Ontario supports the efforts of the Provincial Environment Minister, Canadians for a Clean Environment, Niagara Ecosystems Task Force and Operation Clean Niagara to have included in the Canada/U.S./Ontario/New York Niagara River Clean-up Agreement: (a) a specific schedule for the reduction of pollution entering the Niagara River; (b) the elimination of toxic loadings from point sources and non-point sources along the river; and (c) the excavation, removal and destruction of toxic dump sites. 2) That copies of this report and resolution be sent to: - Honourable J. Bradley, Minister of the Environment, Ontario; - The Honourable T. McMillan, Minister of the Environment, Canada; - Mr. R. Nicholson, M,P. - Honourable V. Kerrfo, Minister of Natural Resources and Energy; - Canadians for a Clean Environment; - Niagara Ecosystems Task Force; - Operation Clean Niagara. ORDERED on the motion of Alderman Pay, seconded by Alderman Coville, that the report be received and adopted. Carried UnanimousiF· See Resolution No. 78. No. 454 - Chief Administrative Officer - Re: B-86-50, Legal Office - Renovations. The report recommends that City Council approve the expenditure of aPProximately $20,000.00 (subject to quotations received) to carry out altera- tions to enlarge the Solfcttor's Office. ORDERED on the motion of Alderman Psy, seconded by Alderman Covllle, that the report be recelved and adopted. Carried Unanimously,. -4- No. 455 ~ Chief Administrative Officer - Re: B-86-56, Resolution from the Ontario Association of Property Standards Officers. The report recommends that Council endorse the Resolution submitted by the Ontario Association of Property Standards Officers recommending the continuance of Property Standards By-law8 as presently constituted. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See Resolution No. 79. No. 456 ? Chief Administrative Officer - Re: MW-86-107, Radio Service Contract and Answering Service for Vehicle Radio Communications- The report recommends the following: 1) That the City of Niagara Falls enter into a Service Contract for Vehicle Radio Maintenance and Answering Service with Central Communications; 2) That the current radio service contract with the Canadian Martoni Company under contract numbers 50159, 10011, 10040, 50019, 12076 and 12401 he cancelled by written notification (30 days notice prior to effective date); 3) That the current Answering Service by Bomar Securities and after hour radio dispatch be cancelled by written notification (30 days notice prior to effective date); 4) That the effective date of Vehicle Radio Maintenance and Answering Service by Central Communications be November 1, 1986 at 12:01 a.m. ORDERED on the motion of Alderman Rinsperger, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. No. 451 ~ Chief Administrative Officer - Re: MW-86-110, Supply and Erection of Fences in Parks and Cemeteries - Contract F.C. 21-86. The report recommends that the unit prices submitted by Sheppard Fence Company be accepted by Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman ltinsperger, chat the report be received and adopted. Carried Unanimously. See Resolution No. 77. No, 458 v Chief Administrative Officer - Re: b~/-86-112, Purchase of Panel Van for Parking Meter Departments. The report recommends that AutoLand Chrysler be awarded the supply of one 1986 Panel Van at a cost of $12,401.30. ORDERED on the motion of Alderman Ninsperger, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. gee Resolution No. 80. No. 459 - Chief Administrative Officer - Re: F-86-7, Municipal Accounts. The report recommends that the accounts totalling $9,899,866.80 for the period ending September 29, 1986 be approved by the passing of the by-law appearing later on the agenda, Alderman Cheesman declared a conflict of interest on Cheque No. 19185 because his wife is employed by the Board; and a conflict of interest on Cheque No. 19186 because he is employed by the Board, Alderman Marrington declared a conflict of interest on Cheque No. 19186 because he is employed with the Board. Alderman Hinsperger declared a conflict of interest on Cheque Nos. 19176 and 19290 because he is employed by the company. Additional information,was:provided on,Cheque NoS. 19222, 19225, 19247, 19268, and 19282, - 5 - ORDERED on the motion of Alderman Covllle, seconded by Aldermao Hurrfngton, timat the report be received and adopted. The motfun Carried with Aldermen Chessman, HarrisEros and }{insperger abstaining from the vote on conflicts of faterest, on Cheque No8. 19185, 19186, 19176 and 19290 consecutively; and all others voting in favour. No. 459 ? Flunee Committee - Re: F-86-8, Committee Reports. The report recommends the following: 1) Niagara Falls Canucke - Request for Advertisement - - It is recommended that the City purchase a full page advertisement in the 1986-87 Canucks Souvenir program at a cost of $250.00; 2) Niagara Symphony Association - Request for Advertisement - - It is recommended that the City purchase a 1/2 page advertisement tn the Niagara Symphony program for the first half of the season to January 1987 at a 10 day discount cost of $280.25; 3) Bill 131 - An Aet to Amend the Assessment Act - - It i8 recommended that the Council receive, for their information, the report outlining the major changes to the Assessment Act proposed in Bill 131; 4) Status of Taxes as at August 31, 1986 - - It is recommended that the Council receive and file the report on the Status of Taxes as at August 31, 1986. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. The Chief Administrative Officer suggested that Council continue to support the proposed changes to the Assessment Act, included in Bill 131, and further, that it is expected the Bill will receive a second and third reading. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Baker, that Bill 131 be supported. Carried Unanimously. No, 460 ~ Finance Commmittee - Re: F-86-9, Priority Items - 1987 Operating Budget. The report recommends that Council adopt the attached report as a guideline to be used during the preparation of the 1987 operating budget. 0RDERED on the motion of Alderman Chessman, seconded by Alderman Iliaspatter, that the report be received and adopted. Carried Unanimously. No. 461 - Chief Administrative Officer - Re: CD-86-13, Restricting Weight of Vehicles over Bridges. The report recommends that the By-law appearing later on the ageads to restrict the weight of vehicles passing over bridges on Willodell, and Miller Roads be passed AND that this report be received and filed. ORDERED on the {notion of Alderman Coyills, seconded by Alderman Pay, that tile report be received and adopted. Carried Unanimously.. See By-law No. 86-198. No. 462 , Chief Administrative Officer - Re: FD-86-O1, Fire Department ()pen Rouse October 5, 1986. The report provides information regarding the aforemen- tioned Open Mouse, and reeommends that the information be noted and the report received and filed. Fire Chief Kemp outlined possible proposed activities, and Aldermen Campbe11~ Herrington and Janvary volunteered to participate in the competition. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted, Carried Unanimously.. Verbal Report ~ Chief Adsinistrative Officer - Marineland/John N. Allan ~ Park. The Chief Administrative Officer advised chac Marineland had requested , approval of the temporary use of a gravel road running through the subject Park. ORDERED on the motion of Alderman Cummings, seconded by Alderman llinsperger, ~ that the request be granted, subject to an agreement between the City of Niagara . ,,ll. Mei .la.d o.m. Farm, with r...ct to the l..t.llatlo. ors.now fence · '~ ~,~P[e a~ ~,~. the subject road. an~ liability insurance coverage. - 6- RESOLUTIONS No. 75 ~ J~NVARY - CU!~4INGS - RESOLVED that a message of condolence be forwarded to the family of the late Joseph Mancuso, Chairman of the Niagara Falls Hydro Commission; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 76 - CUI~INGB ~ HINSPERGER - RESOLVED that a message of condolence be forwarded to the family of the late Wilfred 3oseph Anthony (Wilf) Sharkey, former Vice President of General Abrasives; and a highly respected member of the community; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. -7- I~EREAS it is alleged by the Ministries of btunicipal Affairs and Housing that there is some overlapping, duplication and conflict in the various standards related to existing buildings; and WHEREAS these Ministries have Jointly prepared a POSITION PAPER ON PROPERTY STANDARDS BY-LAWS AND THEIR RELATIONSHIP TO THE BUILDING CODE AND FIRECODE RETROFIT, in which it is suggested, in part, that; "1. (a) Property Standards By-laws be limited to matters pertaining to maintenance of the outside of buildings and property, with respect to appearance~ housekeeping of grounds and items of a nuisance nature; and (b) Enabling legislation under the Planning Act be so amended to maintain this limitation;" and No. 77 - CU~NGS - MINSPERGER - RESOLVED that the unit price submitted by Sheppard Fence Company, for the Supply and Erection of Fences in Parks and Cemeteries, Contract F.C. 21-86, be accepted at the low tendered price of $14,625.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. Mo. 78 T PAY ~ COVILLE - RESOLVED that WHEREAS, the City of Niagara Falls Ontario is concerned for the protection and enhancement of the environmental quali~y of the Niagara River for the health and welfare of its citizens; and WHEREAS, the City has expressed these concerns Jointly with its municipal counterpart, Niagara Falls, New York by adopting an Environmental Policy; THEREFORE BE IT RESOLVED that the City of Niagara Falls, Ontario supports the efforts of the Provincial Environment Minister, Canadians for a Clean Environment, Niagara Ecosystems Task Force and Operation Clean Niagara to have included in the Canada/U.S./Ontario/New York Niagara River Clean-up Agreement: (a) a specific schedule for the reduction of pollution entering the Niagara River; (b) the elimination of toxic loadings from point seurces and non-point sources along the river; and (c) the excavation, removal and destruction of toxic dump sites. That copies of this report and resolution be sent co: - Honourable J. Bradley, Minister of the Environment, Ontario; - The Honourable T. McMillan, Minister of the Environment, Canada; Mr. R. Nicholson, M.P.; - Nonourable V. Kerrio, Minister of Natural Resources and Energy; Canadians for a Clean Environment; - Niagara Ecosystems Task Force; Operation Clean Niagara. ; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. Mo. 79 - PA! ~ CIH4MINGS - RESOLVED that WHEREAS the Planning Act (Ontario) allows Municipalities to enact Property Standards By-laws~ and~ in doing 8o, gives them the authority to set standards of maintenance according to the condi- tion of the buildings in their Jurisdiction; and WHEREAS the loan programs, which are based upon our Property Standards By*law have been beneficial to the p~eservation of the housing. stock in our Municipality; and HHERgAS the interests of property owners, tenants and neighbaurhoode are bast eer d b Municipal Councils who can respond quickly ~o the unique housing conditions of their racepayers; and ' 7 WHEREAS the above recommendation would severely limit the influence which Municipal Councils would have over the s~andards of maintenance for existing buildings in their Jurisdiction; THEREFORE BE IT RESOLVED that the undersigned Municipality recommends that the Ministry of Municipal Affairs reconsider its position as stated above, and pre- serve the autonomy presently enjoyed by the Municipalities with respect to the determination of the standards of maintenance required in their Property Standards By-laws; AND the Seal of the Corporation be herato affixed. Carried Unanimously. No. 80 T HINSPERGER - PAY - RESOLVED that Autoland Chrysler be awarded the supply of one 1986 Panel Van at a cost of $12,401.30; AND the Seal of the Corporation be hereco affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 86v198 - A by-law restricting the wetgh~ of vehicles passing over certain brtdges.(Willodell and Miller Roads). NO, 86-199 - A by-law to authorize the execution of an agreement with Sheppard Fence Co. Inc. for fences in parks and cemeteries. Moo 86-200 -'A by-law to authorize an agreement with The Kiwanis Club of Stamford Ontario Inc. for a license to place benches throughout the City at bus stops. ~o. 86~201 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Chessman, Harrington and Htnsperger abstaining from the vote on By-law No. 86-201, on conflicts of interest previously recorded in Report No. 459; and all others voting in favour. ORDERED on the motion of Alderman Htnsperger, seconded by Alderman Coyills, that the following by-laws be now read a second and third time: NOe 85T. 198 - A by-law restricting the weight of vehicles passing over certain bridges. by-law to authorize the execution of an agreement wi~h Sheppard Fence Co, Inc. for fences in parks and cemeteries. -8- leo. 86-200 - A by-law to authorize an agreement with The Kiwanis Club of Stamford Ontario Inc. for a license to place benches throughout the City at bus stops. No. 86-201 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cheesman, Harrington and Hinsperger abstaining from the vote on By-law No. 86-201, on conflicts of interest previously recorded; and all others voting in favour. NEW BUSINESS ITEMS OF CONCERN: Dorchester Road Improvement - Alderman Cummings referred to a recent item in the local newspaper regarding work which must be completed by the City of Niagara Falls, under Dorchester Road prior to road improvement being done by the Regional Municipality of Niagara. He requested a report from Staff on this matter. Oakes Park/g,D,A, Involvement - Alderman Cummings discussed the involvement of the Director of Economic Development in teams interested in playing at Oakes Park. Alderman Pay explained the interest of the Economic Development Agency in varied developments with a financial impact on the City of Niagara Falls, and that definite propos- als would be considered by the E.D.A. Board. The Chief Administrative Officer will submit a written report on this matter. Flooding/Scott's Trailer Park - Alderman Baker referred co a contact he had received from Mr. Ross Bert, owner of'Scottts Trailer Park, with the explanation that there would be no further litigation regarding flooding on the subject property because a settlement had been reached. He stated that Mr. Barr had discussed further flooding earlier today, and expressed the desire for a permanent solution to the problem. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the matter be referred to the Municipal Works Committee for consideration, and that Mr. Barr be invited to attend the meeting. Cayried Unanimously. Oakes Drive/Livingscone Street - Possible Closing- Alderman Puttick discussed the anticipated construction in the area adjacent to the Bus Terminal on Stanley Avenue, and suggested the possibility of closing streets. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman, that the matter be referred to Staff for a report. Carried Unanimously. Social planning Council - Alderman Pay initiated a discussion regarding the possible need for a .study respecting the Social Planning Council. ORDERED on the motion of Alderman Pay, seconded by Alderman Herrington, that an ad hoc Committee of Council be formed to study the Social Planning Council and submit a report within 6 months. The motion was Defeated with the following Votel AYE: Aldermen Campbell, Cheesman, Marrington, Hinsperger, and Pay. NAYEZ Alderme~..Baker, Coville, Cummings, Hopkins, Janvary, Orr, and Puttick. Meters on Erie Avenue - Alderman Puttick requested information regarding the replacement of parking .meters on Erie Avenue. Aldermen Cummings advised that the complete supply of meters had not yet been received, and that meters had been first installed on Queen Street. -9- ITEM OF INTEREST: Opening of Junior 'B' Came - Alderman Cummings advised that he had represented City Council at the above mentioned game which had been held recently, and had received a replica of the poster which had advertised the game played between the United States and Switzerland on January 2nd, 1986. It was generally agreed that the replica should be place in the Blue Line Room at the Niagara Falls Memorial Arena. It was moved by Alderman Puttick, seconded by Alderman Cummings, that the meeting adjourn to Committee of the Whole. Carried Unanimously. READ AND ADOP'TED, ~~ ~ CITY CLERK MAYOR S. SMEATON Committee Room #1 September 29, 1986 Council met on Monday, September 29th, 1986, at 10:40 p.m., in Committee of the Whole, following a regular meeting. All members of Council were present. Alderman Herrington presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose without reporting. READ AND AD PTED, COUNCIL MEETING MAYOR S. SMEATON Council Chambers September 29, 1986. Council reconvened in formal session on Monday, September 29th, 1986, following a meeting of Committee of the Whole. All members of Council were present. His Worship Mayor Smeaton presided as Chairman. The meeting adjourned. READ AND ADO/PTED, ITY CLERK MAYOR WI S, SMEATON FORTIF,'FH MEETING COMMITTEE, OF TIlE WHOLE Committee Room #1 October 6, 1986 Council met on Monday, October 6th, 1986, at 7:00 p.m. in Committee of tile Whole. All members of Council, with the exception of Alderman llinsperger, were present. His Worship Mayor Smeaton presided as Chairman. Following consideration of the item ~resented, arose to report in open session READ ~dND P~/'ED, ' the Committee of the Whole Council Chambers October 6, 1986 Council met on Monday, October 6th, 1986, at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of Alderman Hinsperger, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Chessman offered the Opening Prayer. m ADOPTION OF MINUTES In response to questions raised, the Clerk advised that Ertn Thompson of the Niagara Falls Minor Boys' Softball Team had received her plaque, and further, that the Coach had been reluctant to have her return to a Council meeting for the presentation. ORDERED On the motion Of Alderman Pay, seconded by Alderman Cummings, that the minutes of the meetings held September 22nd, and 29th, 1986 be adopted as printed. Carried Unanimously. DEPUTATIONS BINGO APPLICATION - The Russell Masterson Amateur Athletic Club - Conmuntcatlon No. 322 - The Russell Masterson Amateur Athletic Club, (Niagara rails Jr. "B' Hockey Club) - Re: Bingo Application. The application reqsests approval to manage and conduct a blngo lottery at the Golden Nu~gget Bingo Hall, Alderman Cummings declared a conflict of interest because he is a member of an organization which conducts btngos. ) The Clerk reviewed details in the application, and discussed the policy of Council regarding licenses to sports groups. Mr. Tim Masterson discussed the background data regarding the Athletic Club and requested consideration of the application. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Orr, that the application be denled. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest p~evlously recorded; and with the following vote; AYE; Aldermen Baker, Chessman, Covtlle, Harrlngton, }bpktns, Janvary, Orr, Pay, and Puttick. NAYEZ Alderman Campbell. - 2- UNFINISHED BUSINESS REFORM, RESPONSIBILITIES & FUNDINC OF CONSERVATION AUTHORITIES - Communication No, 322 - Niagara Peninsula Conservation Authority - Re: Reform, Responsibilities and Funding of Conservation Authorities. The communi- cation attaches a Brief prepared by The Association of Conservation Authorities of Ontario respecting the subject matter, advises that these issues will be addressed with the Cabinet, in the near future, and requests that Council's comments be forwarded to the Provincial representatives and the Association of Municipalities of Ontario, named in the report. Mr. A.L. Burr, General Manager, and Mr. Lorne E. Biggs, and Mrs. June Gardner, represented the Authority at the meeting. Mr. Burr provided a short overvieW of the Brief, and advised that this had been forwarded to the HonoUrabl~ V~ce,~,,er. ri.o, ~M/nister of Natural Resources. Mr. Biggs' requested that Council endorse the Brief in principle and forward the endorsement to the Premier of Ontario, Treasurer of Ontario, Minister of Natural Resources, Leader of the Opposition, Leader of the Democratic Party, and A.M.O · ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cheesman, that the communication be received and the request endorsed. Carried Unanimously. ONTARIO LOTI'ERY CORPORATION ACT - Cosmunication No. 323 - Premier David Paterson - Re: Amendments to the Ontario Lottery Corporation Act. The communication responds co the letter from the City of Niagara Falls, and advises that recreational and cultural programs will be eligible for funding from the general revenues of the Province. ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that the communication be referred to Staff for a report. Carried Unaniraously. CONSTRUCTION OF SANITARY SEWER ON THOMPSON ROAD - Report No. 463 - Chief Administrative Officer - Re: 8-86-1, Construction of Sanitary Sewer on Thompson Road as a Local Improvement under Section 12 of the Local Improvement Act. The report recommends the following: 1) That Council approve the attached draft agreement and the proposed reductions in the amounts of the special assessments of the Robertson, Bilon and Cartie properties on the north side of Thompson Road; 2) That Council approve entering into a similar agreement with the owners of the Bertone property on the south side of Thompson Road and that the amount of the reduction in the special assessment to be recommended to the Court of Revision be as set out in this report. Mr. Luigi Bertone, 2294 Thompson Road, and his son were in attendance. Mr. Bertone's son addressed Council on behalf of his father. lie explained the proposed sanitary sewer construction on Thompson, stated that their home has a sewer connected to Portage Road, referred to the special assessment of the Robertson, Bilon and Cartie properties on the north side of Thompson Road, and explained their reluctance to pay sewer installation costs unles~ subdivision of the land is contemplated at a future date. The Chief Administrative Officer, City Solicitor and Director of Municipal Works responded to questions raised regarding background and recommendations included in the report. ORDERED on the motion of Alderman Baker, seconded by Alderman Herrington, that the recommendations in the report be approved, subject to the proviso that the balance of the Bertone property be assessed similarly to the three properties named in the first recommendation. The motion was Defeated with the following vote: AYE: Aldermen Baker, Campbell, Herrington, Hopkins, and Janvary. NAYES Aldermen theesmart, Coville, Cummings, Orr, Pay, and Puttick. - 3 - ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman, that the report be received and adopted. The motion Carried with the followlug vote: AYE: Aldermen Cheesman, Coville, Cummings, Orr, Pay, and Puttick. NAYE: Aldermen Baker, Campbell, Herrington, Hopkins, and Janvary. See Resolution No. 82. See By-law No. 85-218. CLOSING PART OF J~IN AVENUE - Report No. 464 ~ Chief Administrative Officer - Re: S-86-2, Closing part of Junkin Avenue according Co Registered Plan 108 for the former Township of Stamford under Section 82 of the Registry Act and sale thereof to Cansdis Niagara Falls Limited together with certain One Foot Reserves. The report recommends that Council pass the following: l) The by-law appearing on tonight's ageads to authorize an agreement with Cansdis Niagara Falls Limited respecting the sale of part of Junkin Avenue according to Registered Plan No. 108 for the former Township of Stamford together with certain adjacent one foot reserves; 2) The by-law that appears on tonight's ageads to authorize an application for the closing of part of Junkin Avenue; 3) The resolution appearing on tonight's ageads to authorize an application to the Minister of Housing for consent to an Order being made amending Regis- tered Plan No. 108 for the former Township of Stamford. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See Resolution No. gl. See By-law No. 86-202 and By-law No. 86-203. COMMUNICATIONS No. 324 - Regional Niagara Public Works Department - Re: Water/Sewage Flows & Ontario Drinking Water. The communication attaches Report DEP-2410, Water and Sewage Flows by Municipality Monthly Report for August 1986; and Report DEP-2417 Ontario Drinking Water Information. A discussion followed regarding the data received respecting the report of Professor Bruce N. Ames, Chairman of the Department of Biochemistry, University of California. Regional Councillor Sobol referred to the cost factor witIt respect to the purification of drinking water. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the communication be received and filed. Carried Unanimously. No. 325 - Niagara tomunity Non-Profit Housing- Re: Affordable Itousing. The communication request the support of Council regarding the group's efforts to provide affordable housing. During the discussion, }]is Worship Mayor Smeaton advised that he would co-ordinate available information to be forwarded to the group. Regional Councillor Sobol stated that non-profit housing would be a "top Priority" Regional concern. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the communication be received and information forwarded to the Niagara Community Non-Profit Housing group. It was further recommended that a copy be forwarded to the Social Planning Council. Carried Unanimously. No. 326 v Niagara Fells Black Ha~ks Hockey Club - Re: Slo-Picch Tournament. The communication advises that the Slo-Pftch Tournamoot has been re-scheduled to October 16th to 19th, 1986, at the Niagara Spores Complex, Cupolo Park, and requests a Special Occasion Permit. -4- ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the request of the Niagara Falls Black Hawks Hockey Club for a special occasion permit for its Slo-Pitch Tournament to be held on October 16th, 17th, 18th, and 19th, 1986, at the Niagara Sports Complex, Cupolo Park, Niagara FalIs, be granted subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Niagara District Health Unit, and the Liquor Licens- ing Board of Ontario. Carried Unanimously. REPORTS No. 465 v Chief Aa~aistretive Officer - Re: B-86-57, R.R.A.P. Agency Agreement. The report recommends that City Council pass the by-law authorizing an agreement with Canada Mortgage and Housing Corporation (CMHC) respecting the Residential Rehabilitation Assistance Program (RRAP). ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. See By-law No. 86-205. No. 466 - Chief Administrative Officer - Re: MW-86-114, Local Improvement - Curb Construction on Coholan Street - Contract L.I. 24-86. The report recom- mends that the unit prices submitted by Stephens and Rankin Inc. be accepted and that the by-law appearing on tonight's agenda be passed. ORDERED on the motlon of Alderman Harrington, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See Resolution No. 84. See By-law No. 86-207. No. 467 - Chief Administrative Officer - Re: MW-86-115, Sanitary Sewers on Ktster Road from Progress Street Northerly and on Montrose Road from Chorozy Street Southerly - Contract S.S. 22-86. The report recommends that the low tender received from Condotta & Fortune Limited be accepted and that this contract be awarded. ORDERED on the motion of Alderman Pay, seconded by Alderman Coville, chat the report be received and adopted. Carried Unanimously. Se~ Resolution No. 85. See By-law No. 86-206. leo. 468 ~ Chief Administrative Officer - Re: F-86-10, Municipal Accounts. The report recommends that the accounts totalling $1,623,113.82, for the period ending October 6th, 1986, be approved by the passing of the by-law appearing later on the agenda. Alderman Campbell declared a conflict of interest on Cheque No. 19339 because he has a business interest. Additional information was provided on Cheque Nos. 19307, 19311, 19363, 19370, and 19416. ORDgRED on the motion of Alderman Covllle~ seconded by Alderman Marringten, that the report be received and adopted. The motion Carried with Alderman Campbell abstaining from the vote on Cheque No. 19339 on a conflict of interest previously recorded; Aldermen Orr, and Puttick voting contrary on Cheque No. 19303; and all others voting in fayour. No, 469 ~ Chief Administrative Officer - Re| CD-86-14, Appointment to Niagara Falls gydro Commission, The report recommends that Council appoint a person to the Hydro Commission to fill the vacancy created by the death of Mr, Joseph Mancuso on September 26, 1986o ORDERED on the motion of Alderman Baker~ seconded by Alderman Orrs. ~ha~ Mr, (Jake) Hiebert, the next highest name on the list, be. appointed, Carried Unanimously. - 5- leo, 470 ? Chief Adsinistrative Officer - Re: C-86-3, Inquiry re Erie Cardinals Baseball Team. The report provides information regarding the interest of the Economic Development Agency in the Erie Cardinals possible relocation lu Niagara Falls at Oakes Park. The report further states that Staff would he meeting with spokesmen for the Erie Cardinals on October 3rd, 1986, and the results of the meeting will be made available at the Council meeting scheduled for October 6th, 1986. His Norship Mayor Smeaton advised that the above mentioned meeting had been held with the General Manager of the Erie Cardinals and requested further direction from Council with respect to further action to be takno. He replied to questions raised regarding the involvement of the Economic Development Agency in this matter. ORDERED on the motion of Alderman Orr, seconded by Alderman lIarrtnRton, that authorization be given to proceed with this matter. Carried Unanimously. No. 471 ? Nayor Smeaton - Re: M-86-4, Relocation of Bus Depot. The report refers to the proposal by the Transit Comnisslon with respect to relocation of the present bus depot at Fallsview to the downtown area, and advises that the matter will be considered at the November 3rd, 1986 Council meeting. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and filed. Carried Unanimously. No. 472 ~ Chief Adainistrative Officer - Re: PD-86-113, Tourism Economic Impact Study/Niagara Falls. The report recommends that, should the Finance Committee recommend to Council that the Municipality contribute financially to the proposed Tourism Economic Impact Study, it is the recommendation of Staff that participation in the Study be conditional upon appropriate revisions to the final terms of reference to specifically reflect the Municipality's planning interests. During the discussion, Alderman Cummings advised that he was In support of the motion with the qualification that the funding be part of the budget request for 1987. The Planning Director responded to questions raised and reviewed background information contained in the report. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Janvary, that the report be received and adopted. The motion Carried with the following vote: AYE: Alderman Baker, Campbell, Chessman, Coville, Cummings, Herrington, Hopkins, Janvary, Pay, and Puttick. NAYE| Alderman Orr. RESOLUTIONS Noo 81 ~ C~z~SNAN- CUI~fINGS - RESOLVED that pursuant to subsection 3 of section 82 of the Registry Act, R.S.O. 1980, Chapter 445, the Minister of Housing be requested to consent to an Order being made amending the plan of sub- division registered in the Land Registry Office for the Registry Division of the County of Welland, now Niagara South, on the 3rd day of August, 1950 as Plan No. 108 for the former Township of Stamford, by permanently closing that part of Junkin Avenue as shown bordered in black on Plan Schedule'A'' attached bereto; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl~. NO. 82 ~ PAl ~ COVILLZ - RESOLVED that proposed By-law No. 85-218 to authorize the construction of certain works as local improvements under section 12 of the Local Improvement Act which was given a first and second reading at the meeting of Council held on November 4th, 1985 be amended by inserting after "That" at the beginning of section 1 "subject to compliance with the requirements of section 30l of the Municipal Act and the passing of s subse- quent by-law to authorize the undertaking of the construction of the asphalt Pavement, curbs and gutters on Doreen Drive" so that the said section will now be read as follows: 6 1. That, subject to compliance with the requirementa of section 301 of the Municipal Act and the passing of a subsequent by-law to authorize the undertaking of the construction of the asphalt pavement, curbs and gutters on Dotsen Drive, the construction of the works described in Schedule "A" attached hereto be undertaken a8 local improvements pursuant to the provisions of sectjoe 12 of the Local Improvement Act; and that the said by-law, so amended, now be given a third reading and be passed; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 83 - CiliaIllS - PAY - RESOLVED that ~tEREAS it is deemed most appropriate to recognize the One Hundred and Twenty-fifth Anniversary of the 1Oth Battery of the 56th Field Regtment of the Royal Canadian Artillery and the contribution made by all of its members during its long and distinguished history; NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls does hereby grant and confirm to the 1Oth Battery of the 56th Field Regiment of the Royal Canadian Artillery the Freedom of the City and the rights, forever, to enter and march within the boundaries of the said City~ at all times, with Colours flying, Drums beating and Bayonets fixed, Carried Unanimously No. 84 - HIRiIN(rrON - PAY - RESOLVED that the unit prices submitted by Stephens and Rankin Inc. for Local Improvement - Curb Construction on Coholan Street, Contract L.I. 24-86, be accepted at the low tendered price of $87,854.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 85 ~ PAY - COVILLE - RESOLVED that the unit prices submitted by Condotta & Fortuna Limited for Sanitary Sewers on Ktster Road from Progress Street Northerly and on Montrose Road from Chorozy Street Southerly, Contract S.S. 22-86, be accepted at the low tendered price of $75,137.50; AND the Seal of the Corporation be hereto affixed. t Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the following by-law be now read a third time: No. 8.5~-218 - A by-law to authorize the construction of certain w~rks as local improvements under section 12 of the Local Improvement Act. The motion Carried with Alderman Baker voting contrary, and all others voting in faYour, ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that leave be granted to introduce the following by-laws, and the by-laws be read a first timeZ No, 8~202 - A by-law to authorize an application for the closing of part of Junkin Avenue as sho~n on Registered Plan No. 108 for the former Township of Stamford. !o, 8~'~203 - A by-law to authorize an agreement with Canadia Niagara Falls Limited rospecttng~ the sale of part of Junkin Avenne according to Registered Plan No. 108 for the former Township of Stamford together with other ad3acent lands, -7 - No. 86-~204 - A by-law to amend By-law No. 79-200, as ameuded. (Blks. F, J, K & Pc. Blk. H, Plan M-53, Twp. Lot 149). NO. 86-205 - A by-law to authorize an agreement with Canada Mortgage and Housing Corporation respecting the Residential Rehabilitation Assistance Program. No. 86-206 - A by-law to authorize the execution of an agreemeut with Condotta & Fortuna Limited for sanitary sewer lustallatlon on Ktster Road from Progress Street northerly. No. 86~207 -A by-law to authorize the execution of an agreement with Stephens and Rankin Inc. respecting local improvement curb con- sCruction on Coholan Street. No. 86-208 - A by-law to provide monies for general purposes. The motion Carried with Alderman Campbell abstaining from the vote on By-law No. 86-208, and Aldermen Orr and Puttick voting contrary, as previously recorded In Report No. 468; and all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the following by-laws be now read a second and thlrd time: NO. 86~202 - A by-law to authorize an application foe the closlng of part of Junkin Avenue as shown on Registered Plan No. 108 for the former Township of Stamford. No. 86-203 - A by-law to authorize an agreement with Canadta Niagara Fails Limited respecting the sale of part of Junkin Avenue according to Registered Plan No. 108 for the former Township of Stamford together with other adjacent lands. No. g6-204 - A by-law to amend By-law No. 79-200, as amended. (Blks. F, J, K & PC. Blk. H, Plan M-53, Twp. Lot 149). No, 86-205 - A by-law to authorize an agreement witb Canada Mortgage and Housing Corporation respecting the Residential Rehabilitation Assistance Program. No. 86*?206 - A by-law to authorize the execution of an agreement with Condotta & Fortuna Limited for sanitary sewer installation on Kister Road from Progress Street northerly. Ho, 86~207 - A by-law to authorize the execution of an agreement witIt Stephens and Rankin Inc. respecting local improvement curb con- struction on Coholan Street. ~o. 86-:208 - A by-law to provide monies for general purposes, The motion Carried with Alderman Campbell abstaining from cite vote on By-law No. 86-208, and Aldermen Orr and Puttick voting contrary, s8 previously recorded in Report No. 468; and all others voting in fayour. NEW BUSINESS ITEM OF CONCERN: Dorchester bad - Alderman Cummings referred co his previous request for information with respect to the condition of Dorchester Road, and the City's responsibility for improving the problems beneath the roadway. The Director of Municipal Works advised that the matter would be considered at the upcomtn8 meeting of the Municipal Works CnFmntccee, 8 ITEMS OF INTEREST: Y.M.C.A, - Alderman Cummings commended the Y.M.C.A. Board for their efforts regarding the successful raising of revenue during recent months. Flre Department Open House - Alderman Harrington referred to the Open House held on Sunday, October 5th, 1986 at the Morrison Street Fire Station, and the participation of Aldermen Janvary, Campbell and himself in the activities on that date. Niagara Falls Art Gallery Kurelek Collection - Alderman Chessman discussed his attendance at a recent Exhibit at the Art Gallery at 8058 Oakwood Drive. Recreation Department Volunteer Night - Alderman Janvary advised chat she had tickets available for the above mentioned Volunteer Night. It was moved by Alderman Janvary, seconded by Alderman Chessman, meeting adjourn. chat the READ AND CITY MAYOR S · SMEATON FORTY-FIRST MEETING PLANNING/REGULAR MEETING Council Chambers October 14, 1986 Council met on Tuesday, October 14th, 1986, at 7:30 p.m. for the purpose of considering Planning Matters and regular business. All members of Council, with the exception of Aldermen Hfnsperger and Puttick, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Cummings offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the minutes of the meeting held October 6th, 1986, be adopted as printed. Carried Unanimously. PRESENTATIONS Near Drokming of Cathy Weaver - Welland River - His Worship Mayor Sineaton expressed congratulations to Mr. Tim Quinn and Mr. Ross Simpson who saved Cathy Weaver from drowning in the Welland River in July 1986, and presented them with Recognition Awards on behalf of Council. REPORTS - PLANNING MATTERS No. 473 v Chief Administrative Officer - Re: PD-86-120, Official Plan Amendment No. 155, and Zoning Amendment AM-23/86, F. & L. Cads and J. Cupolo, 7280 Lundyfs Lane. The report recommends the following: 1) That Council table consideration of the proposed amendment to the Official Plan and Zoning By-law; 2) That Council direct Staff to prepare an additional Technical Report once the applicant provides the requisite information as detailed in Planning Department Report PD-86-114; 3) That Council reconvene the Public Meeting at a subsequent date and appropriate public notice be given. - AND - Communication leo. 327A, Paul &Renee Haray - Re: AN-23/86 Official Plan and Zoning Amendments/Amusement Park. The communication opposes the application because of traffic hazards; noise level at Oakwood Park Lodge becoming intoler- able; devaluation of adjoining property. - AND - Communication leo. 327B .- Petition from Residents of HcNlllan Drives Clare Crescents Brookfield Avenue and Barker Street - Re,' OPA No. 155, and Zoning Amendment AppltcaCion No. AM~-13/86. The petition requests the City to refuse the application because of activities with an *'uncontrollable level of noise*'; a similar activity in a predominantly tourist commercial area being dosed by the Supreme Court because of the noise level; increased traffic conges~ion; additional "ob~ectionable uses** for the back portion of the land in the futureI and lower property values for this residential area. - AND - CosmunicaCion No. 327C ~, Petition from Residents of Bambi Subdivision - Re: 0PA ~o. 155, and Zoning Amendment Application No. A~-23/86. The petition opposes the application for the reasons itemized in Cormnunication No. 327B. His Worship Mayor Sineaton declared the Public Meeting open and advised that the procedure under the Planning Act, 1983 would be followed. The Clerk advised that the applicants wish to establish an Amusement Park, and the proposed amendment to the Official Plan ~ould re-designate the lands from Industrial to Tourist Commercial, applying a special Policy Area limiting land use and requiring an acoustical study. tle further advised that the 7~nin8 By-law Amendment would fezone the lends from Prestige Industrial to a site specific Tourist Cotmneretal Zone limiting the permitted uses and applying tailored zone regulations. The Clerk stated chat the Notice of the Public Heeting was forwarded by first-class mail on September llths 1986s and a Notice Placed in the local newspaper on September 12th9 1986, -2- - AND - CosstuuicattouNo. 327D ~ Dr. & Mrs. G. Burgman - Re: AM-23/86. The communication expresses opposition to the application because of noise pollution. - AND - Comsuuicatiou No. 327E - Regional Niagara Pla--dug & Development Department - Re: Preliminary Application AM-23/86, Proposed Amusement Park, Q.E.W. & Lundy's Lane. The communication discusses issues with respect to compatibility, visual impact, adequacy of services and noise, requiring studies, and advises that these issues should be resolved .before a decision is made by the City. - AND - Cosmunleatton No. 327F - Regional Niagara Public Works Department - Re: Preliminary Zoning Application AM-23/86. The communication advises that addi- tional information respecting projected traffic volumes and turning movements to establish a proper entrance design to the site; road widening dedication; and a detailed site plan regarding site servicing, parking and entrance details would be required to properly assess the proposal. HIs Worship Mayor Smeaton explained the procedure. He received a positive response to his request for an indication of the presence of the applicant or his agent, and those interested in the application; and asked that persons wishing to have further notice of the passing of the by-law 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. The Senior Planner discussed the subject lands with the assistance of posted sketches. He reviewed the following information contained in the Technical Report: Location; Property Description; Proposal; Official Plan Amendment; Zoning By-law Amendment: Surrounding Land Uses; Comments from the Public Notification Process; and Planning Review. The Senior Planner referred to the recommendations received from Regional Planning and Public Works Departments. The following residents expressed opposition to the proposal: Mr. Paul Naray, 6311 Clare Crescent; Dr. Don Johnston, 6327 Clare Crescent; Dr. Phillip McGarry, 6104 Brookfield Ay~nue; Dr. Robert Ainslie,. 7100 McMillan Drive; Mr. Ted Salci, 6453 McMillan Drive; Dr. Joanna Hill, 6i04 Brookfield Avenue; Mr. Harold Brownhill, 6255 Clare Crescent; Mr. Ed Sherat, 6146 Brookfield Avenue; Mr. Don Brauer, 6182 Glen Drive; and Mr. Dante Marinell~, Solicitor for the owners and residents of Oakwood Park Lodge & Nursing Home. Objections given were as follows: increased noise pollution and traffic congestion; devaluation of residential properties in this prime residential area; proximity to Oakwood Park Lodge and the impact on the Nursing Home; homeowners with large investments in their properties, and high tax revenue to the City who may have to relocate; removal of trees with increased noise level; stress caused by noise; visual impact on residential properties; concern regarding hygienic standards for animals, garbage and litter; children frequenting the park; acoustical study should have been completed by an independent party; increased Tourist Commercial areas in the City; and insufficient information contained in the Technical Report; as well as additional seasonal employment. Alderman Campbell entered the meeting. Mr. Bob O'Dell, Planning Consultant for Miller, O'Dell & Paul, represented the applicant. He expressed the importance of receiving information regarding the concerns of the public, and stated that a Consultant had been employed to study the related uses, but that the results of the study had not yet been received, Mr, O'Dell further stated that the application must be reviewed by the Ministry of Municipal Affairs and Ministry of the Environment; that the criteria established by the Province, regarding noise, must be met, and further, that residents, the Municipality, and the applicant must abide by these standards, He advised that applications considered for approval must meet all the requirements of the Regional MUnicipality, ~.. O'Dell discussed the subject property in terms of a major industrial use and 'subsequent access problems; the owners~ wish W develop the property thsmselves; and their intention to use the rear portion of the property for passive recreational uses in the future. He stated that the o~ners of the property were willing to 2ddress each of the concornea with an Acoustical Study, Market Analysis, and building and traffic review; and requested that the matte~ be tabled for ~urther review, - 3- The Planning Director snggested that Council might deny the application to maintain the purpose and intent of the industrial designation of the Official Plan; maintain the principles of the Lanmer Fenco Tourism Study; being unprepared to deviate from the purpose and intent of the Zoning Bv-law and those prohibitive uses that are being contemplated upon the lands, espe~ially in the light of the information provided; and further, time development application re- presents a significant intrusion of a new land use activity abutting stable residential neighbourhoods. His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that the communications be received and filed, and the application be denied for reasons suggested by the Planning Director. Carried Unanimously. NO, 474 e Chief Administrative Officer - Re: PD-86-117, Zoning Amendment Application AM-18/86; Casa D'Oro Hotel, 5875 Victoria Avenue. The report recommends the following: 1) That Council support the proposed amendment to zoning By-law 79-200, to permit construction of a 27 metre hotel with a maximum of g storeys and 95 hotel units; 2) 3) That the relief of normal height restrictions be compensated in the form of the following by-law regulations: 1) a minimum hotei rear yard of 10 feet; ii) a minimum hotel lnterior sideyard of 10 feet; iii) a minimum hotel exterior sideyard of 3.g5 feet; iv) a minimum landscaping of 20% (based on the total development site); v) maximum building coverage of 25% (based on the total development site). That the lots designated for parking use be zoned specifically for parking purposes; 4) That the applicant provide the necessary land dedications for the future road widening of both Ellen Avenue and Magdalen Avenue, and the required day lighting triangles; 5) 6) That the applicant contribute $2,100.00 to the City for the cost of constructing a sidewalk along a portion of Magdalen Street and Ellen Avenue; That the applicant enter into a site plan agreement with the Municipality to reflect such matters as grading, drainage, lighting, surface treatments, fencing and landscaping; 7) That Council direct Staff to prepare an appropriate Zoning By-law Amendment which reflects the application and plans submitted, and the detailed consi- derations contained in the Technical Report (PD-86-109); 8) That the applicant and the Regional Municipality of Niagara be advised accordingly; 9) That the applicant, in conjunction with the City, work together towards an improved sidewalk treatment along Matdales Street, which can be duplicated in some fashion with the proposed parking lots to add cohesion to the development; 10) That, for the purposes of improving pedestrian circulation, the matter of the suggested removal of parking along the eastern limit of Magdalen Street, as discussed in the Technical Report, be referred to the Municipal Works Committee for consideration. AND - CoseunicaCion So. 328 -- Regional Niagara Planning & Development Departsent - Re: Preliminary Application AM-18/g6. The communicatien indicated chat there is no objection to this application. His Worship Mayor Smeaton declared the Public Meeting open, and advised that the procedure under the Planning Act, 1983, would be followed. lie explained the Procedure. The Clerk stated that the proposal would amend Zoning By-law 79-200 to permit the construction of an hotel complex with 8 floors of hotel units, Including a roof Satden and swimming pool above the hotel units; that the hotel wuld be attached to the northerly portion of the existing Casa D~Oro restaurant -4- and that parking for the subject complex would be provided off-site. He further stated that the Notices of the Public Meeting were forwarded by first-class mail on September lOth, 1986. His Worship Mayor Smeaton received a positive response to his request for a show of hands indicating the presence of the applicant or his agent; and a negative response indicating the presence of persons interested in the application. He asked that persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Planning Director explained the purpose and reason for the proposed amendment, and discussed the location and description of the subject property with the assistance of posted sketches. He reviewed the following information contained in the Technical Report: Zoning By-law Amendment; Official Plan; Surrounding Land Use; Comments from the Public Notification; Planning Review; and Site Plan Review. The Planning Director stated that the application would provide an opportunity to work with the developer to improve the development on site and improve pedestrian and vehicular traffic circulation. Mr. Brfan Sinclair, Solicitor for the developers, discussed the pool, recreational facility, and roof garden. He advised that the developers were basically in agreement with the report and recommendation that Staff work with the applicant to improve sidewalk treatment. He expressed the opinion thac the conditions were reasonable. The Planning Director and applicant responded to questions raised regarding the purchase of the property situated between the two off-street parking lots. The Planning Director replied to questions raised with respect to the number of hotel rooms being constructed in the Municipality, and stated that this concern had been addressed in the Hotel Study approved by Council, and referred to the recommendation of the Lanmer Fenco Study respecting development in key locations. He further discussed the transition from horizontal to vertical accommodation. His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the communication be received and filed, and the report be received and adopted. Carried Unanimously. No. 475 - Chief Administrative Officer - Re: PD-86-115, Zoning Amendment Application AM-25/86, City of Niagara Falls, East Side of Allanthus Avenue. The report recommends that Council support the amendment to the Zoning By-law 79-200 subject to the site being placed under Site Plan Control. His Worship Mayor Smeaton declared the Public Meeting open. The Planning Director explained chat the proposal would amend Zoning By-law 79-200 from R2 to R4 to permit the construction of either 10 Townhouse dwellings or a 12 unit Apartment building, having site specific regulations respecting lot frontage and building setback. He stated that the Notices of the Public Meeting[ were mailed 34 days in advance of the meeting. His Worship Mayor Smeaton received a positive response to his request for an indication of the presence of persons interested in the application. He requested that the names of persons wishing to receive further notice of the passing of the by-law he submitted to the Clerk prior to leaving the meetings and explained the procedure under the Planning Acts 1983. The Planning Director discussed the subject property with the assistance of posted sketches, and recommended approval of the change of zoning. He discussed information contained in the Technical Report, i.e.~ the Official Plan, Surrounding Land Use, Department and Agency Comments, and Planning Review. There was a negative response to Mayor Smeaton~s request for comments from persons, other than the applicpnt, in support of the application. Mrs. Ann McCann, 6980 Allanthus Avenue, Unit 14, expressed opposition to the application because the property has been used for a recreational area for children. She referred to information received from the Recreation Department 6 years ego Concerning the development of a playground, and stated that this had not been done. -5- A brief discussion was held regarding the possible development of tbe recently acquired Charles Berryman Wright Park, in the area, by a service club. Since no further comments were received from persons present, Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimousl~. No, 476 ~ Chief Administrative Officer - Re: PD-86-119, Zoning Amendment Application AM-26/86; 146652 Ontario Ltd., 5686 Lewis Avenue. The report recommends that Council support the Zoning By-law amendment redesignating lands on the south side of Lewis Avenue from General Industrial to Tourist Commercial, subject to the lands being placed under Site Plan Control. Approval of the application should be conditional upon the lands being serviced by a storm sewer connection to McGrail Avenue and a sidewalk being constructed on Lewis Avenue, across the subject lands, at the developer's expense. His Worship Mayor Smeaton explained the procedure to be followed under the Planning Act, 1983, and declared the Public Meeting open. The Clerk advised that the proposal would amend the zoning on the subject site to permit the lands and an existing industrial building thereon to be renovated and converted and used as a hotel/restaurant. He stated that the Notices of the Public Meeting were forwarded by first-class mail on September 8th, 1986. His Worship Mayor Smearon received a positive response to his request for a show o'f hands indicating the presence of the applicant or his agent, and persons interested in the application. Me requested that persons wishing to receive further notice of the passing of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Planning Director explained the location of the property with the assistance of posted sketches. He stated that the property was located approxi- mately 91 metree (300') west of Centre Street, on the south side of Lewis Avenue. He reviewed the following information included in the Technical Report: Zoning By-law Amendment; Official Plan; Surrounding Land Use; Department and Agency Comments; and Planning Review. Mr. Peter S. Mann, Solicitor for the applicant, advised that 146652 Ontario Ltd. is owned by Mr. Carmen Spadafora. He stated that the building on the property is an old warehouse which has been hoarded up, and is an "eyesore". He explained the proposed improvements, and renovations for a hotel and restaurant, and requested the approval of Council. Alderman Pay suggested that the resurfacing of the Lewis Avenue roadway should be considered a priority. Mayor Smeaton received a negative response to his request for comments from interested persons present, and declared the Public Meeting closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. No, 477 , Chief Administrative Officer - Re: PD-86-116, Zoning Amendment APplication AM-28/86; J. Bottaciu~ 4650 Bridge Street. The report recommends that Council support the amendment to the Zoning By-law 79-200, subject to the site being placed under Site Plan Control, and that the applicant enter into a Site Plan Agreement with the Municipality to provide for such matters as land- seeping, lighting, fencing and future provision for storm water connection, asphalt paving and possible sidewalk alterations. His Worship Mayor gmeaton declared the Public Meeting open and advised that the Procedure under the Planning Act, 1983, would be followed. The Clerk stated chat the proposal would permit, as an addition to the Permitted uses on the lands~ new and/or used car sales; and that the subject lands were currently zoned CB (Central Business) and a site specific by-law would permit new and/or used car sales as a special provision on the lands. He further stated that the Notices of the Public Meeting were forwarded by first class mail on September 5th, 1986. .] -6- The Planning Director advised that the property, known as 4650-4662 Bridge Street, was an Auto Parts and Service Shop, located on the south side of Bridge Street, approximately 116 metres (380') west of Crysler Avenue. He discussed the subject property with the assistance of posted sketches. The Planning Director reviewed the following information contained in the Technical Report: Development Proposal; Zoning By-law Amendment; Official Plan; Surrounding Land Use; Departmental and Agency Comments; and Planning Review. His Worship Mayor Smeaton received a positive response to his request for a show of hands indicating the presence of the applicant or his agent, and persons interested in the application. He asked that persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting, and stated that the procedure under the Planning Act, 1983 would be similar to applications previously considered this evening. There was a negative response to Mayor Smeaton's request for comments from individuals, other than the applicant or his agent, in support of the proposal. Mr. Daniel J. Aubertin, 4623 Park Lane, stated chat he was not opposed to the application, but expressed concern regarding the effect of the proposal on his adjacent lands, and asked that a privacy fence be erected. Mr. Bottacin, the applicant, indicated his agreement with the request for a privacy fence. Since no further comments were forthcoming, Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No, 478 - Chief Administrative Officer - Re: PD-86-121, Zoning Amendment Application AM-29/86; Thomas Anthes, 4667 Portage Road. The report recommends the following: 1) That Council support the proposed Zoning By-law Amendment; 2) That Council direct Staff to prepare an appropriate Zoning By-law amendment which reflects the application and site plan submitted for enactment at a subsequent Council meeting; / 3) That prior to enactment of the amending by-law, Council determine by resolution, in accordance with Section 34(16) of the Planning Act, that the changes to the proposed by-lawwlll not require the giving of any further notice; 4) That the applicant and Regional Municipality of Niagara be advised accordingly. Communication No. 329 - Regional Niagara Plannln8 & Developtent Depnrmenc - Re: Preliminary Application AM-29/86, Proposed Townhouses. The communication advises that Regional Planning Staff is not opposed to this rezoning. His Worship Mayor SmeaCon advised that the procedure under the Planning Act, 1983 would be followed and declared the Public Meeting open, The Clerk advised that the proposal was to amend Zoning By-law 79-200 from Residential Apartment 5A Density ~one (RSA) to Residential Low Density, Grouped Multiple D~ellings Zone (R4), Co permit the construction of four buildings for 16 townhouse dwelllugs and the conversion of an existing home to a t~o-unic dwelling. His Worship Hayor Smeaton received a positive response to his request for s show of hands to indicate the presence of the applicant or his agent, and 'persons faterested in the application. He asked that all persons wishing co receive further notice of the passing of the by-law submit their names and addresses to the Clerk prior to leaving the meeting,. and stated that the Public Haecfng~uld follow the same procedure as fn ocher applications previously considered, ' ' . -7- The Planning Director discussed the subject property with the assistance of posted sketches, and advised that the lands were located on the west side of Portage Road, approximately 20m (60') north of Althea Street and lying south of the C.N.R. line. Re reviewed the following information contained in the Technical Report: Development Proposal; Zoning By-law Amendment; Official Plan; Surrounding Land Uses; Comments from the Public Notification Process; Planning Review; and Site Plan Review. -AND - Communication No 330 - Regional Nlagara Public Works Department - Re: Preliminary Zoning Application No. AM-29/86, Proposed Townhouse Dwellings. The communication advises that the Regional Public l~rks Department has no objections to the proposal, however, a 10' wide strlD of land across the frontage of the subject lands adjacent to Portage Road, to be dedicated to the Regional Municipality of Niagara, for road widening purposes is desirable. Regional Public Works requests that the proposed southerly access be eliminated, and the northly access shifted 10' southerly, to avoid possible conflict with the adjacent property owner; advises that Regional entranceway and utility permits must be secured prior to commencement of construction within the Regional right-of-way; and requests that a formal site plan be prepared and submitted to Regional Public Works indicating revised entranceway relocation, property lines, parking arrangements, servicing details, ecc., as well as the submission of a municipal servicing application. There was a negative respose to Mayor Smeaton's request for comments from persons, other than the applicant or his agent, in support of the application. Mr. Lee Chevalier, 4618 Portage Road, requested clarification regarding the type of housing structure, as well as possible future development in the area. He expressed concern that there was no sign warning motorists of the dangerous curve in the road, on Portage Road near the intersection of Morrison Street, and was advised by Mayor Smeaton chat this matter would be brought m the attention of the Regional Public Works for consideration and possible signing. Mr. John Broderick, Solicitor for the proponent, discussed the retention of walnut trees on the southerly boundary of the subject lands; small increase in traffic volume because of the number of units; the units would be owner occupied and of relatively high quality. Since no further comments were forthcoming, Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Chessman, seconded by Alderman Pay, that the communication be received and filed, and the report received and adopted. Carried Unanimously. No. 479 ~ Chief Administrative Officer - Re: PD-86-118, Application for Exemption from Part Lot Control, Lot 28, Registered Plan M-78; Post Road, Ascot Woods Extension. The report recommends Chat the request from B. Sinclair, on behalf of Mr. and Mrs. N. Mtkulcic, co exempt Lot 28, according to Registered Plan M-78, from Part Lot Control be approved and that Council pass the appro- priate by-law to designate certain land not be subject to Part Lot Control. Mr. Brian Sinclair, Solicitor, was in attendance. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. 480 - Chief Administrative Officer - Re: PD-86-122, Pride Program. The report recommends the followtngl 1) That the Hunicipalityts participation in the Province's PRIDE Program focus in on a Downtown Community improvement project to complete revitalization efforts along Queen Street to Victoria Avenue; 2) That a letter requesting an application form, accompanied by a copy of this report outlining a brief summary of the proposed Downtown projects be submitted to the Province no later than October 17s 1986. Following a brief discussion, it was moved by Alderman Cummings, seconded by Alderman 0rrs that the report be received and adopted. Carried Unan.imousl~. m -8- No, 481 v Environmental Planning Committee - Re: PD-86-107, Niagara Escarpment Development Control Area Outside of the Approved Niagara Escarpment Plan. The report recommends the following: 1) That the Ministry of Municipal Affairs be informed that the lifting of development control on lands outside of the approved Niagara Escarpment Plan would not he appropriate at this time because of matters addressed in this report; 2) That a copy of thls report be forwarded to the Ministry; 3) That Staff be directed to pursue the feasibility of retaining consultants, with Provincial funding, to conduct a study of the issues. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. COMMUNICATIONS No. 331 ~ Regional Niagara Public Works Department - Re: Waste Management Master Plan Synthesis Report and Draft Report - Stage 3. The communication attaches copies of the above mentioned Synthesis Report prepared by W.C. Holman, P. Eng., Regional Municipality of Niagara, and the Draft Report - Stage 3, prepared by Consultants, Gore and Storrie Limited.. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be referred to Staff. Carried Unanimously. No. 332 ~ Regional Office of the Clerk- Traffic Signal Installation, Niagara Road 49 (McLeod Road) at Oakwood Drive. The communication approved the recommendation of the Public Works and Utilities Committee, that the installa- tion of the abovementloned traffic signal not be recommended at this time. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the communication be received and filed. Carried Unanimously. No. 333 ~ The Royal Canadian Legion (Branch 51) - Re: Sunnybrook Veterans' Visit. The communication requests a Parade Permit for the aforementioned event to be held October 19th, 1986. ORDERED on the motion of Alderman Pay, seconded by Alderman Herrington, that the request be approved subject to notification of emergency services. Carried Unanimously. No. 334 , First Niagara Scout Hut - Re: 6691Leeming Street. The communication advises that Mrs. Eleanor Fast had given land at the rear of the " small building on Leeming Street, to increase playground and recreational areas for the Beavers, Cubs, Scouts, Rovers, Brownies and Girl Guides, and requests that the $350.00 fezsting fee be waived. ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that Council adhere to its standard policy which provides that amendment applica- tions be accompanied by the required fee. The motion Carried with the followingtl VOte~ AYE: Aldermen Baker, Campbell, ~heeSman, Covi!le, Herrington, 'Hopki~s, Janvary, Orr, and Pay. NAYEl Alderman Cummings. No, 335 v [asideate of Shady Oaks Trailer Park - Re: Snow PloughinR Trailer Park. The communication asks Council to approve snow ploughing of the Trailer Park, off Moatrose Road, in order to allow residents to gain access to Moatrose Road. It was noted that the Municipality does not provide snow removal service on private property. ORDERED on the motion of Alderman Chessman, seconded.by Alderman Orr, that the request be denied, Carried Unanimously. lee, 336 v l~e Corporation of the City of Hsssilton - Rez Cyclists on Public Highways. The co~nicaCion asks ~uncil to support a petition ~o ~he Ministry of Transportation and Communications for an amendment to the HIghway Traffic Act requiring operators of bicycles to identify themselves to police. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that tile resolution be endorsed. Carried Unanimously. No. 337 ? Niagara Falls, Canada, Visitor & Convention Bureau - Re: Niagara Parks Commission Extended Jurisdiction. The communication advises that the Bureau has approved a resolution requesting Councll to form a delegation to approach the Ontario Government, with representatives of the tourist industry and the private sector, asking that the legislation in connection with the extended Jurisdiction of the Niagara Parks Commission be corrected; and asking Council to endorse and act upon a similar resolution. During the discussion, Mayor Smeaton advised that he had approached two Cabinet Ministers Co explain that "although there is a splri~ of cooperation, we have real concerns about authority outside Parks boundaries". He further advised that he had been in contact with the Honoorable Vince Kerris, Minister of Natural Resources, and that the Minister of Tourism had received tile request for a review of the situation, and was awaiting a formal policy report from tile Parks Commission to he completed in December I986 or January 1987. ORDERED on the motion of Alderman Orr, seconded by Alderman Chessman, that the matter be tabled. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Chessman, Herrington, Hopkins, Janvary, Orr, and Pay. NAYE: Aldermen Covflle and Cummings. No. 338 ~ Vincent DiCosimo - Frontier Motel & Restaurant and The Shady Rest Motel. The communication ask Council to approve the installation of two drive- ways or entrance/exit lanes from the Frontier Motel & Restaurant to Leader Lane in order to comply with City parking regulations. Alderman Hopkins declared a conflict of interest because a member of hls family has a business interest. ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the matter be referred to Staff. The motlon Carried with Alderman Hopkins abstain- ing from the vote on a conflict of interest previously recorded, and all others voting in fayour. rio. 339 - United Way of Niagara Falls - Re: United Way 1986 Campaign. The communication requests permission Co fly the Campaign street banner, on Victoria Avenue at Jepson Street, for the period October 14th to November 14th, 1986. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the request be approved. Carried Unanimously. REPORTS leo. 482 v Chief Adainistrative Officer - Re: B-86-58, Site Plan Approval, Proposed 7 Storey Hotel Addition; Howard Johnsongs Hotel, 5905 Victoria Avenue (AM-7/86). The report recommends that the Council approve the site plan on display at tonightvs meeting, being a proposed hotel, and the site plan being drawing number 1 dated September 1986, as amended, and filed with the Buildings & Inspections Department of the City of Niagara Falls on October 9th, 1986, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No, ~83 - Chief Administrative Officer - Re: B-86-59, City Hall - Roofing Improvements. The report recommends that Council approve of a partial replace- ment and repairs to the roofing system at City t~ll for a cost of $6,875.00, plus a unit cost of $5.00 per square foot for spot repairs, (Note - the spot repairs will not exceed 100 square feet for which an upper limit allowance of $500.00 is requested). ORDERED on the motion of Alderman Orr, seconded by Alderman Pay~ that the report be received and adopted, Carried Unanimously. - 10 - WO. 484 , Chief Admi~istrative Officer - Re: B-86-61, Community Resources Centre (CORE) Building Alterations. The report recommends that City Council approve renovations to the basement of the Community Resource Centre in order to create needed additional office space. ORDERED on the motion of Alderman Cnmmings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No. 485 ~ Chief Administrative Officer - Re: MW-86-116, Watermain Installation on Montrose Road from Brown Road to the Welland River, and on Oakwood Drive from Brown Road Northerly to Existing Watermain - Contract W.I. 23-86. The report recommends that the unit prices submitted by the low tendeter Greenwood Contracting Ltd., be accepted and this contract be awarded. ORDERED on the motion of Alderman Chessman, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See Resolution No. 87. See By-law No. 86-211. No. 486 ~ Chief Administrative Officer - Re: MW-86-118, Radio Licenee Fees. The report recommends that Council endorse the attached resolution requesting the Federal Minister of Communications to amend the proposed legislation requir- ing Federal, Provincial~ and Municipal Governments and agencies to pay radio license fees on the same basis as private users in view of the impact this proposed legislation will have on future budgets. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See Resolution No. 86. No. 487 ~ Chief Administrative Officer - Re: MW-86-119, Revised Agreement for Railway Crossing Behind Former Ktmberly Clark Building. The report recom- mends chat Council approve the by-law authorizinE a revised licenee agreement for the level railway crossing behind the former Kimberly Clark building (formerly Pine Street). ORDERED on the motion of Alderman Pay, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. gee By-law No. 86-212. No. 488 v Nunicipal Works Co8~ittee - Re: MW-86-122,.Committee' R~ports.. The report recommends the following: 1) Recycling loxes, MW-g&,121 - i) That an expenditure of $51,376.05 be authorized to A-1 Products Mississauga; ii) That an amount of $8,600.00 be authorized to Niagara Recycling as the City share of delivery and promotional costs; and iii) That the necessary agreements be prepared to allow this initiative to proceed. ORDERED on the motion of Alderman Janvary, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. No. 489 ~ Finance CoBalttee -Ret F-86-I1, United Nations Contest. The Finance Committee recommends that Council endorse the United Nations Association request for $50.00 for first prize for a~ork of Arts project. ORDERED on the motion of Alderman Harrington, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No, 490 v Chief Adainistrative Officer - Re: F-86-12, Municipal Accounts. The report recommends that the a~count8 totalling $3,276,533.90 for the period ending October 14, 1986 be approved by the passing of the by-law 'appearing later o~.~he agen~a? .11 - 11 - Alderman Chessman declared a conflict of interest on Cheque No. 19496 because his son is employed by the organization. Alderman Cummings declared conflicts of interest on Cheque No. 19536 because he is employed by the company; and on Cheque No. 19552 because a member of his family is involved in the program. Additional information was provided on Cheque No.. 19505 and 19584. ORDERED on the motion of Alderman Harrington, seconded by Alderman Baker, that the report be received and adopted. The motion Carried with Aldermen Cheesman and Cummings abstaining from the vote on Cheque No,. 19496, 19536, and 19552 consecutlvely, on conflicts of interest previously recorded; and all others voting in fayour. No. 491 ~ Chief Administrative Officer - Re: CD-86-16, One Foot Reserves - Dorchester Road. The report recommends that the By-law appearing later on the agenda, to transfer one-foot reserves on Lots 21 and 22, Plan NS18, to the Regional Municipality of Niagara be passed, AND that this report be received and filed. ORDERED on the motion of Alderman Pay, seconded by Alderman Herrington, that the report be received and adopted. Carried Unanimously. L See By-law No. 86-210. RESOLUTIONS No. 86 ~ BAleR - JANVARY - RESOLVED that WHEREAS the Federal Minister of Communications, in the measure supportive of the Government's deficit reduction plan, has tabled legislation that will require Municipalities and other Government Agencies to pay radio licenee fees on the same basis as private users; WHEREAS the proposed increase of radio licenee fees for the City of Niagara Falls and its agencies is approximately 700%; THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls petition the Honourable Flora Isabel MacDonald, Federal Minister of Communications, to amend the proposed legislation requiring Federal, Provincial, and Municipal Governments and Agencies to pay radio license fees on the same basis as private users in view of the impact the proposed legislation will have on Municipal budgets for 1987; AND FURTHER, that a copy of this resolution be forwarded to the Association of Municipalities of Ontario; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. go. 81 ~ CaMRSMANv PAY - RESOLVED that the unit prices submitted by Greenwood Contracting Ltd. for watermain installation on Montrose Road from Brown Road to Welland River, and on Oakwood Drive from Brown Road northerly to existing watermain - Contract W.I. 23-86, be accepted at the low tendered price of $233,695.001 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 8ranted to introduce the following by-laws, and the by-laws be read a first time: 1~, 86~209 - A by-law to designate certain land noC. Co be subject to part lot control. (Lot 28, Plan leo, 86v210 - A by-law to authorize the conveyance of certain one foot reserves to The Regional Hunicipality of Niagara, - 12 - - 13 - 86-211 - A by-law to authorize the execution of an agreement with Greenwood Contracting Ltd. for watermain installation. No. 86~212 - A by-law to authorize an agreement with Canadian Pacific Limited for a private crossing. No. 86~213 - 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. 86-213, on conflicts of interest previously recorded in Report No. 490; and all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the following by-laws be now read a second and third time: Noo 86~209 - A by-law to designate certain land not to be subject to part lot control. (Lot 28, Plan M-78). Noo 86~210 - A by-law to authorize the conveyance of certain one foot reserves to The Reglonal Municipality of Niagara. Noo 86~211 - A by-law to authorize the execution of an agreement with Greenwood Contracting Ltd. for watermain installation. No, 86~112 - A by-law to authorize an agreement with Canadian Paclfic Limited for a private crossing. Erie Cardinals/Oakes Park - In response to questions raised by Alderman Cummings, Mayor Smeaton advised that a meeting had been held with the Mariners, the Greater Niagara Baseball Associa- tion, and the Ladies Auxiliary of the G.N.B.A., to apprise them of the interest shown by the Erie Cardinals in Oakes Park as a playing field. He further advised that a meeting with the representatives of the Erie Cardinals had been arranged for later this week, and that the media was being kept fully informed of the meetings. Social Planning Council - Alderman Cummings referred to a recent meeting of the Social PlanninR Council, and the group's expressed wish to meet with the Finance Committee. Mayor Smeacon stated that a meeting with the City of Niagara Falls Finance Committee was being arranged. ITEMS OF CONCERN: Soil Erosion & Leachate/Hewburo Road Area- Alderman Cummings discussed complaints he had received regarding a situation in front of the landfill site on Mewburn Road, in terms of erosion causing driving difficulties, and the possibility of a leachace problem being carried do~ to Mewburn Road from the Iandfill site. It was noted that the Chief Administrative Officer had taken action with respect to the complaints, and that the road would be cleaned up on October 15th, 1986. No. 86~213 - A by-law to provide monies for general purposes. It was moved by Alderman Cummings, seconded by Alderman Pay, that approval be granted to proceed past 11:00 p.m. The motion Carried with the following vo tel AYE: Aldermen Baker, Cheesman, Coville, Cummings, Harrington, Hopkins, Janvary, and Pay. NAYE~ Aldermen Campbell and Orr. ? NEW BUSINESS ITEMS OF INTEREST: Rick Hansen ~ Spinal Cord Research - Mayor Smeaton advised that Rick Hartsen, who is travelling across Canada in his wheelchair to promote spinal cord research, will be in Niagara Falls the first week of November, and requested direction from Council regarding a formal reception for Mr. Mansen. Alderman Janvary advised that Donna Taylor, of McDonalds, had been planning' on receiving Mr. Hanson, through a Committee of groups from the City. She stated that the reception would probably be taking place on River Road. Mayor Smeaton will submit a report at the next meeting of Council. Freedom of the City/10zhhtcery, 56~hYield RoBiRene, R,C,A. - Alderman Chessman discussed his recent attendance, on behalf of the City, at the 125th Anniversary of the 10th Battery, 56th Field Regiment of the Royal Canadian Artillery, &Och AnniversarylMursansk Run - Alderman Campbell referred to h~s attendance, on behalf of the City, at the 40th Anniversary of the Murmansk Run, and the receipt of a Memorial Medallion issued by the Soviet Union to members of the Royal Canad{an Naval Association of the Niagara Regions co cormnemorace the,victory over Germany, .... ,, , ,13 ArenaUniforms - Alderman Coville discussed a recent incident at the Niagara Falls Arena wherein she was unabie to identify a Staff person in the Arena. She questioned whether City employees were required to wear uniforms for identification purposes. Mayor Smeaton advised that a report would be submitted regarding this matter. Tag Days - Alderman Campbell referred to a number of groups "tagging" ac one location, and questioned the Cityts policy with respect to tag days. The Clerk advised that the method used by people wishing to have a tag day was for a member of a group to phone the Clerk's office and be given a date which had not been previously booked. A suggestion was made that the groups causing the concern expressed by Alderman Campbell might be informed of the traditional method and requested that they adhere to the policy. Street Selling of Paintings - Alderman Cummings referred to the selling of paintings on the streets in two locattone during the past week-end, and questioned the legality of this activity. The Clerk advised that he had received a complaint and discussed action taken with the Police to resolve the problem. It was moved by Alderman Baker, seconded by Alderman Orr, that the meeting adjourn. Carried Unanimously. READ AND W] S. 8MEATON FORTY-SECOND ~ETINC REGULAR MEETING Council Chambers October 20, 1986 Council met on Monday, October 20th, 1986, at 7:30 p.m. for the purpose of considering regular business. All members of Council were present. ~is Worship Mayor Smeaton presided as Chairman. Alderman Minsperger offered the Opening Prayer. ADOPTION OF MINDTES Alderman Campbell advised that he was not present at the beginning of the Council meeting held on October 14, 1986, and asked that this be noted in the minutes. Alderman Puttick requested clarification on the discussion regarding Communication No. 337j Niagara Falls, Canada, Visitor and Convention Bureau. Alderman Campbell publicly apologized for releasing to the press, the information contained in a letter regarding the Erie Cardinals, and discussed in Committee of the Whole. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the minutes of the meeting held October 14th, 1986 be adopted as printed. Carried Unanimously. COMMUNICATIONS No, 340 ~ Regional Nlag&ra Planning & Develol~ent Department - Re: Reduced Standards for Flood Protection. The communication advises that the Minister of Natural Resources has been asked to consider a change in the level of flood pro- tection within Regional Niagara. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be referred to Staff, and further, that Mr. Peter Crandoni be invited to participate in the discussions. Carried Unanimously. ~o. 3&l ? City of [itchener - Re: Postal Services to Residents. The communication requests support of a resolution opposing the Federal Government,s suggestion for community mailboxes. ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that the communication be received and filed. Carried Unanimously, No, 3&2 ~ Corporation of The Toun of Onapln8 Palls - Re: Lottery Funds for Culture & Recreation for Ontario Municipalities. The communication request support of a resolution petitiontrig the Provincial Government to leave existing legislation of Section 9, review the matter for adequate funding, and conduct a study to determine the financial needs of the Province in this regard. ORDERED on the motion of Alderman Campbell, seconded by Alderman Hopkins, that the com~nunicatton be received and filed. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Coville, Cummings, Harrington, Hinsperger, Hopkins, Janvary, Orr, and Puttick. NAYE: Alderman Pay. No. 343 v Wendi Dessemi- Re: "Lupus Awareness Week". The communication asks Council to proclaim the week of October 20th'to 25th, 1986 as "Lupus Aware- ness Week". ORDERED on the motion of Alderman Chessman, seconded by Alderman Pay, that the request be approved subject to established policy.' Carried Unanimousl~. 2 WO. 3~ ~ HenkK~ldenhof, Tournament Co-ordinator - Re: lOth Annual A1 Reid Memorial Oldtimers Hockey Tournament - January 15th - lath, 1987. The communi- cation requests a Special Occasion Permit for the event to be held at the Stamford, Niagara South and Niagara Falls Memorial Arenas. ORDERED on the mutton of Alderman Pay, seconded by Alderman Hinsperger, that the request of Henk Koldenhof, Tournament Co-ordinator, for a special occasion permit for the lOth Annual A1 Reid Memorial Oldtimers Hockey Tournament to be held on January 15th, 16th, 17th, and lath, 1987 at the Stamford Arena; on January 16th and 17th, 1987 at the Niagara South Arena; and on January 16th and 17th, 1987 at the Niagara 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 No. 492 v Chief Administrative Officer - Re: B-86-60, The Building & Inspections Department Report for September 1986. The report provides informa- tion regarding Permits Issued and Highlights for September 1986, as well as September Proposals for the information of Council. ORDERED on the motion of Alderman Pay, seconded by Alderman Herrington, that the report be received and filed. Carried Unanimously. No. 493 ?MunicipalWorks Committee - Re: MW-86-125, Committee Reports. The report recommends the following: 1) MW--86~111, Waste Disposal ~ Cost for Alternative Courses of Action - - It is recommended that the report be received and filed. 2) Mk~86~113, O'Neil Street Road Reconstruction from Dorchester bad go Paul Avenue - It is recommended that the report be received and filed. 3) Meadowvale Subdivision Sewer Problems - - It is recommended that the report be received and filed. A discussion followed regardtug the urgency respecting road improvements on O'Neil Street, and the legal responsibility of the City in Dhe case of an action suit following damage to a car caused by the undesirable road conditions. The Director of Municipal Works advised that repair work would be done with hot mix, and hot patch for durability, and possibly a new patching compound being used in Toronto would be tested. He stated that the Municipality was expected to take "reasonable care" of the roads. During the discussion, Alderman Puttick requested further information regarding the repair of the boulevards. The Director of Municipal Works advised that the priorities respecting road repairs would he subject W budget discussions in November and December 1986. He suggested, that with the approval of Council, priorities with respect ~o the improvement of O~Neil Street might be brought forward to 1988. ORDERED on the motion of Alderman Pay, seconded by Alderman Coyills, .that the report be received and adopted. The motion Carried with Alderman Cummings voting contrary on Item No. 2; and all others voting in favour. Wo, 494 ~ Chimf Administrative Officer - Re| MW-86-126, Repairs to Railway Crossing on Lundy*s Lane Between Beechwood and Garner Roads. The report advises that murk will begin on the crossing on October 21st, 1986 and will require closure of the road and detouring of traffic for two to three daysl and recommends that the report be received and filed for information. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hopkins, that the report be received and adopted for the information of Council, Carried Unanimously. -3 - No. 495 ~ Chief Administrative Officer - Re: F-86-13, Municipal Accounts. The report recommends that the accounts totalling $3,826,484.19 for the period ending October 20, 1986 he approved by the passing of the by-law appearing later on the agenda. Alderman Hinsperger declared a conflict of interest on Cheque No. 19708 because he is employed with the firm. Additional information was provided on Cheque No. 19693. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hopkins, that the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on Cheque No. 19708 on X conflict of interest recorded previously; and all others voting in fayour. Wo. 496 ~ ~d Hoc Committee - Re: Adjustments - Department Head Salaries. The report provides information regarding the Salary Structure, Salary Adminis- Eralion Program, Job Evaluation, and Performance Appraisal, and recommends the following: 1) That the Supplementary Salary Schedule for Department Heads, attached as Schedule "C" be adopted; 2) That the Chief Administrative Officer and each Department Head be re-class- ified to the Proposed Level and Year as recommended in the attached Schedule "A' and set out in SChedule "C"; 3) That Council authorize the additional salary costs in the 1986 budget in the amount of $2,821.46; 4) That amendments to By-law 86-35 be approved in principle to reflect the recommendation changes set out above subject to an official by-law amend- ment being placed before Council; 5) That the Job Rate Maximum (Merit) salary level set out in Schedule "C" and ._ explained in this report, be adopted; 6) That all adjustments be effective October 1, 1986. During the discussion, it was pointed out that the Committee was formed at the suggestion of members of Council. Concerns were expressed regarding Deputy Department Heads, and other personnel; the four-year program and the "leap-frogging effect" in comparison with other Municipalities; unsubstantiated comments in the report; low morale of middle-management employees; the possible need for a Personnel Committee; and conflicts of interest respecting two Staff members on the ad hoe Committee making recommendations concerning their own Salary increases. It was pointed out that the recommendations contained in the report were "bench marks" and further, that increases would be based on 100% performance by department heads, with performance reviews by the Chief Administrative Officer, and Council giving final approval, The Chief Administrative Officer stated that the recommended system was a continuation of the one-step-up system which is not automatic, but requires the approval of the Department Head and the Chief Administrative Officer; and further, the proposed system provides an opportunity for members of Council to voice any reservations they might have respecting a Department Head prior to an increase being given. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the report be tabled for further information. The motion was ~.efe.ated with the following vote: AYE~ Aldermen Campbell, Cummings, Orr, and Puttick. NAYB: Aldermen Baker, Coville, thee,man, Harrington, lttnsperger, Hopkins, Janvary, and Pay. the second and third level persons as well as other personnel in the departments. During further discussion the Personnel Director.responded to questions raised regarding Salary Schedule "C'; the rationale regarding the unequal salary levels between different Department Heads; and action proposed with respect to -4- ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hopkins, that the report be received and adopted, The n~tion Carried with the following Vote| AYE: NAYE: Aldermen Baker, Campbell, Chessman, Harringtons Hinsperger, Hopkins, Janvary, and Pay. Aldermen Covilla, Cummings, Orr, and Puttick. BY-LAWS ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that leave be granted to introduce the following by-law, and the by-law be read a first time: Me. g6~214 - A by-law to provide monies for general purposes. The motion Carried with Alderman Hinsperger abstaining from the vote on a conflict of interest previously recorded in Report No. 495; and all others voting fn fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the following by-law now be read a second and third time: Moo 8b~214 - A by-law to provide monies for general purposes. The motion Carried with Alderman Hinsperger abstaining from the vote on a conflict of interest previonsly recorded; and all others vo~lng in layout. NEW BUSINESS ITEMS OF CONCERN: Proposed Personnel ~oz"ft~ee - Alderman Puttick initiated a discussion regarding the possibility of the formation of a Personnel Committee. ORDERED on the motion of Alderman Puttick, seconded by Alderman 0rr, that a report be prepared on the advisability of having a Personnel Committee to decide issues on a neutral basis. The motion Carried with the following vote: AYE: Mayor Smearon, and Aldermen Campbell, Chessman, Hiusperger, Orr, Pay, and Puttick. NAYE: Alderman Baker, Coyills, Cnmmings, Herrington, Hopkins, and Janvary. Old Police Building - Alderman Cummings referred to a previous inquiry regarding the status of the Old. Police Building, and asked the Chief Administrative Officer to investigate this matter and submit an up-to-date report. Illegml Parkfug/VfreLanes &Handicapped Spaces at Plazas - Alderman Cummings referred to the illegal parking in fire lanes and spaces reserved for cars with handicapped stickers at local plazas, and asked the Building Department to investigate infractions, with the suggestion that the Cormuissionaires be 8ivan a higher profile end fines for infractions of the by-law be increased. Possiblm Chan~es in Elections Act - Alderman Cummings referred to the Committee comprised of Aldermen Cheesman, Janvary, and himself, which had been formed to investigate possible changes in the Elections Act, and report to Council. He advised that a meeting had been scheduled for Tuesday, October 21, 1986 at 7:00 p.m. in City Hall, and encour- aged members of Council and citizens to participate. -5- Possible Amendments to Htman Rights Code - Alderman Chessman referred to the handout letter at the October 14th meeting of Council from Mayor Smeaton, and attached letter from Calvin Wm. Betash, Solicitor, regarding an amendment to Bill 7 respecting the Muman Rights Code; as well as a memorandum from the City Solicitor with information attached. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the matter be tabled for further information. The motion Carried with the following vote: __ AYE: Aldermen Baker, Chessman, Covtlle, Cummings, Marrington, Hinsperger, Hopkins, Janvary~ Orr, Pay, and Puttick. NAYE: Alderman Campbell. Green Sakes Mobile Home Park - Alderman'~ker re~erred to ~he Information for Council letter from the Ontario Hydro, a~c6py of a letter addressed to Green Oakes Mobile Home Park~ referring to the dah~r~u~ctive wiring condition, and advising that if deficiencies have not been corrected by November 13, 1986, the hydro service to the Park will be disconnected. ' Alderman Baker expressed his concerns regarding ~he lack of a licence to operate the Park, and requested information regarding the issuing of a licence in the past to Mr. Gibson, operator of the Park. A discussion ensued with respect to laying a charge against Mr. Gibson for operating without a license. The Deputy Clerk explained that approval to issue a licence had been received from the Fire Inspector, the Health Inspector, and Trailer Camp Inspector, and discussed the very recent receipt of the letter from the Ontario Mydro. ORDERED on the motion of Alderman Baker, seconded by Alderman Campbell, that a report be submitted from Staff regarding the mechanics of issuing licences, and automatic laying of charges within a reasonable amount of time if approvals have not been received. The motion Carried with the following vote: AYE: Alderman Baker, Camphell, Chessman, Coville, Cummings, Marrington, H~nsperger, Hopkins, Janvary, Orr, and Pay. NAYE: Alderman Puttick. Beer & Wlne/~rocery Stores - Alderman Pay referred to the ~ssible passing of legislation allowing beer and wine to be 8old in grocery stores in Ontario, and suggested the possibility of writing the Minister of Consumer and Commercial Relations in order to acquire information regarding the time frame involved in order that the Municipality may be prepared to take action. ITEM OF INTEREST: Rick H arisen/Visit to the City - Alderman Janvary discussed the forthcoming visit to the City of Rick Hansen, who is travelling across Canada in his wheelchair to promote spinal cord research, She advised that the welcoming Conittee would appreciate suggestions concerning the event It was moved by Alderman Orr, seconded by Alderman Puttick, that the meeting adjourn to Coummittee of the Whole. Carried Unanimously., READ AND ADOP ED' SCOTT, DEPUTY CITY .MAYOR WILLI SMEATON -6- FORTY-THIRD MEETING COMMITTEE OF THE WHOLE REGULAR MEETING Committee Room #1 October 20, 1986 Council met on Monday, October 20th~ 19B6 at 9:25 p.m. in Committee of the Whole following a Regular Meeting· All members of Council were present. His Worship Mayor Smeaton presided as Chairman. Following consideration of the items arose without reporting. , the Committee of the Whole READ AND ADOPTED, BARBARA G. SCOTT, DEPUTY CITY SMEATON COUNCIL ENG Council Chambers October 20, 1986 Council reconvened in formal session on Monday, October 20th, 1986 following a meeting in Committee of the Whole. All members of Council were present. His Worship Mayor Smeaton presJ as Chairman. The meeting adjourned. READ AND ADOPTED, BARBARA G. SCOTT, DEPUTY CITY MAYOR I S · SMEATON Council Chambers October 27, 1986 Council met on Monday, October 27th, 1986, at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of Alderman Campbell, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Coville offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the minutes of the meeting held October 20th, 1986 be adopted as printed. Carried Unanimously. PRESENTATION Pictures ~ Old City Mall, Queen's Theatre, & L~gan Building- His Worship Mayor Smeaton referred to three pictures of historical buildings on Queen Street 7 the old City Hall, Queen's Theatre, and the Logan Building, which were on display in the Council Chambers, and were being presented to the City by Mr. and Mrs. James Bird, and Miss Sandy Bird. He expressed appreciation on behalf of the City to Mr. and Mrs. Bird, and Miss Sandy gird who were in attendance DEPUTATION Proposal/Cl~y of Niagara Falls a Nuclear Weapons Free Zone - CommnieationNo, 3~5 e Carol Bowers - Re: Nuclear Weapons Free ?~ne. The communication requests Council to approve a resolution to declare the City of Niagara Falls a Nuclear Weapons Free Zone. Mrs. Carol Bowers, 5830 Mouland Avenue, addressed Council with respect to the communication and asked Council to approve the resolution. ORDERED on the motion of Alderman Narrington, seconded by Alderman Hopkins, that the resolution be approved. The motion ~arried with the following vote: AYE: Aldermen Baker, Cummings, Harrington, Hopkins, Pay, and Puttick. NAYE: Aldermen Chessman, Coville, Hinsperger, Janvary, and Orr. COMMUNICATIONS No. 346 ~ Regional Niagara Pb-ntag & Development Department - Re: The "Young" Reports - Issues & Proposed Actions. The communication attaches a copy of Report DPD 2058 regarding the subject matter. The Chief Administrative Officer explained the information contained in the handout memorandum from the Recreation Director, and advised that a report would be submitted. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ninsperger, that the communication be received and referred to Staff. ~arried Upanimousl7. Be, 3&7 v ~lzheimer Society of Canada - Re~ "Alzheimer Awareness Month". The communication asks Council to proclaim the Month of November 1986 as "Alzheimer Awareness Month". ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger~ that the request be approved subject to established policy. Carried Unanimously. No, 3&8 V City of Niagara Falls Hoa-Frofi~ MousiqCorporation - Rez Vacancy on Board, The communica~ien recommends that Mr, Bruce Peters be appointed ~o the ~oard in order to fill the vacant position resulting fro~ the resignation of Mr, A. (Tony) Fera. ORDBRED on the motion of Alderman Orr, seconded by Alderman Coyills, that Mr. Bruce Petmrs be appointad to ~he Board of the Non-Profit Mousing Corporation, Carried Unanimously. -2- No, 349 v Social Planning Council of Niagara Falls - Re: Invitation. The communication invites Council to attend an informal meeting on Wednesday, November 19th, 1986, at the Community Resources Centre. It was noted that the proposed meeting conflicted with a scheduled City of Miagara Falls Finance Committee meeting. A brief discussion ensued with respect to this matter. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the communication be received and filed, and as many members of Council as possible attend. Carried Unanimously. REPORTS Ro. 497 ? EnvironRental Plsn-dn~ ComMttee - Re: PD-86-126, Great Lakes United - Citizens' Rearing on Great Lakes Water Pollution. The report recommends that Council endorse the attached statement for presentation at the Great Lakes United hearings on October 30, 1986. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No, 498 ~ Evironmental Plann4u~ Committee - Re: PD-86-127, Attendance at the Conference "Jobs and the Environment". The report recommends that Council approve the attendance of Alderman R. Herrington at the "Jobs and the Environ- meat Conference" on November 21 to 23, 1986. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted, Carried Unanimously, No, 499 e Environmental Plsnndu~ Committee - Re: PD-86-128, Second Joint Meeting of the City Councils of Niagara Falls, New York and Ontario. The report recommends that members make note of the date, Tuesday, November 25, 1986, 7:30 p.m. for the second Joint meeting of the two City Councils. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coyills, that: the report be received and adopted. Carried Unanimously. leo, 500 v Chief Administrative Officer - Re: R-86-40, Monthly Public Swimming - Y.M,C,A. The report provides information regarding pool attendance at the Y.H.C,A. during September, 1986, and recommends that the report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the repor~ be received and adopted, Carried Unanimously. No, 501 ~ Chief Administrative Officer - Re: Tenders for Rental of Snow Removal Equipment for 1986-1987 Winter Season, The report recommends that the tenders received from the following companies for the purpose of snow removal during the 1986-1987 winter season be accepted at the hourly rates shown on the tender summary sheet: 1) Nontgomery Bros. Construction for the rental of two (2) 4-wheel drive front-end Loaders; 2) ~odern White Line Lid, for the rental of one (1) 4-wheel drive front-end Loader; 3) L. Walter & Sons Excavating Lid, for the rental of one (1) 4-wheel drive front-end Loader and one (1) Grader; 4) Pizzi General Contracting for the rental of two (2) Graders and one (1) 4-wheel drive front-end Loader; 5) Van Der Weyden Landscaping for one (1) 4-wheel drive front-end Loader; 6) Modern Crane ReaLelm Ltd,'for one (1) winS mounted truck Plow, ORDERED on the motion of Alderman Cummings+ seconded by Alderman Pay~ that the report be received and adopted, .Carried Unanimously, See Resolution No.88. -3 ~ No, 502 ~ Chief Administrative Officer - Re- Stockpiling of Winter Sand - 1986-1987 Winter Tender for Supply, Treat and 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 Llmited for the uniL prices tendered by this company. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See Resolution No. 89. No. 503 ~ Chief Administrative Officer - Re: MW-86-127, 1987 M.T.C. & MOE/MEA Training Courses. The report recommends ~hat seven (7) 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 Hinsperger, seconded by Alderman Cummings, that the report be received and adopted. Carried Uuanimojsly. So* 504 - Chief Administrative Officer - Re: MW-86-128, Parking Lot - Snowplowing. The report recommends that quotations from Dominion Paving Company, Sacco Construction Ltd. and Warden Construction Ltd. for parking lot snowplowing for the Winter of 1986-87, be accepted. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimo__usly. See Resolution No. 90. Me, 505 ~- Municipal Farkin~ & Traffic Comatitles - Re: MW-86-129, 'No Standing' Signs - Carroll Avenue. The report recommends the following: 1) That a no standing zone be established on the east side of Carroll Avenue from the intersection of Carroll Avenue and Thorold Stone Road southerly for a distance of 152 meters and from a point on Carroll Avenue 174.8 meters south of its intersection with Thorold Stone Road southerly for a further distance of 178 meters; and 2) That the necessary amendments be made to the appropriate by-laws. ORDERED on the motion of Alderman Cummings, seconded by Alderman tlinsperger that the report be received and adopted. Carried Unanimou. slFt Mo, 506 .- Finance Cozmdttee - Re: F1-86-14, Committee Reports. The report recommends the following:. ,. 1) Nt~ara Falls Board of Museums - ' That a one time grant of $3,500.00 be made to the Board of Museums which represents 25% of the total cost of the proposed network computer system for the Board; Following a brief discussion, it was moved by Alderman Chessman, seconded ~Al~Trman Ha~.nVy~, tb.~ ~ 'a~,~,,,,,r~:[~ received and adopted, with AYE: Aldermen Boker~ Cheesman, ~arrington, Hinsperger~ Hopkins, Janvath Orr~ Pay~ and Puttick, NAYE: Aldermen Coville and Cummings. 2) Status of Texes - - That the report on the sLaCus of taxes to the end of September be received and filed, ORDERED on the motion of Alderman Cummings, seconded by Alderman Covilles that the recommendation be received and adopted, Carried Unanimously. i --4- No. 507 v Chief Administrative Officer - Re: F-86-15, Municipal Accounts. The report recommends that the accounts totalling $2,124,315.24 for the period ending October 27, 1986 he approved by the passing of the by-law appearing later on the agenda. Alderman Hinsperger declared a conflict of interest on Cheque No. 19783 because he is employed with the company. Additional information wan provided on Cheque Non. 19885, and 19935. ORDERED on the motion of Alderman Pay, seconded by Alderman Chessman, that the report be received and adopted. The motion Carried with Alderman Minsperger abstaining from the vote on Cheque No. 19783 on a conflict of interest previous- ly recorded; and all others voting in fayour. leo, 508 v Chief Administrative Officer - Re: CD-86-17, Disposal of Unopened Road Allowance - Dancevie. The report recommends that Council authorize Staff to proceed with the closing and sale of an unopened road allowance located in Gore Lot 12 on the north side of Warmer Road for $7,000.00. In response to questions raised Mr. J. Dancevie advised that he intends to apply for a building permit by the end of 1987. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No, 509 v Ad!locCommi~tee - Re: CD-86-18, Proposed Changes - Municipal Election Process. The report recommends that the recommendations of the Special Ad Hoc Committee of Council be perused by City Council, and if approved, be for- warded to the Advisory Committee on Municipal Elections at the Ministry of Municipal Affairs. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, . that the report be received and the recommendations endorsed. Carried Unanimously. · ,-. ,ll.~ .. ' ': ~,:' L rio, 5IO ~ Chief A~nistrative Officer - Re: CD-86-19, Road Allowance - Highland Avenue, North of Fredcries Street. The report recommends that the Highland Avenue road allowance extending north from Frederica Street be conveyed to the ~wo adjacent owners for the appraised value in accordance with Council's policy for disposing Of surplus property. Mr, Jim Peterson advised that he wished to purchase the road allowance in order to build a garage, and that Mr. S. Sapsrite intends to construct a side- walk along the property. He suggested that a reasonable price for the property would he $5,000.00 since the land would be of no value to anyone else. Following a brief discussion, it was moved by Alderman Chessman, seconded by Alderman Janvary, that the matter be referred to Staff for further information. The motion was Defeated with the following vote| AYE: Aldermen theesmart, Harrlngton, Minsperger Janvary, and Pay. NAYE: Aldermen Baker, Coyills, Cummingss Hopkins, err, and Puttick. ORDERED on the motion of Alderman Coville, seconded by Alderman Puttick, that the report be received and adopted. The motion Carried with the following vote,' AYE: NAYE: Aldermen Baker, Coville, Cummings, Hopkins, Orr, Pay, and PUttick. Aldermen Chessmann Harrington, Hlnspergers and Janvary, RESOLUTIONS No, 88 ~ CUllIllS - PA! - RESOLVED that the unit prices submitted by the following companies for the rental of snow removal equipment for the 1986-1987 winter SeaSon be accepted as listed belowx 1) NonLgomery Broso Construction ~ two (2) 4'wheeldrive f~0at?end loaders - $45,00/hr (one unit) - 55oO0/hr (ona unit) 2) 3) 4) -5- Modern White Line Ltd. - one (1) 4-wheel drive front-end loader L. Walter & Sons Exc. Ltd. - one (1) 4-wheel drive front-end loader one (1) grader Pizzi General Contracting - one (1) 4-wheel drive front-end loader two (2) graders 5) Van Derweyden Landscaping - one (1) 4-wheel drive front-end loader 6) Modern Crane Rentals Ltd. - one (1) wing mounted truck plow ; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. ' $57.00/hr(one unit) ' $48.00/hr(one uult) ' 50.O0/hr(one unit) ' $52.O0/hr(one Unit) 50.00/hi(two units) ' $52.00/hr(one nitit) ' $78-O0/hr(one unit) No, 89 ~ CII!~II~S ~ PAY - RESOLVED that the unit prices submitted by Walker Brothers Quarries Ltd. for supply and delivery of winter sand, including the mixing of salt with this sand, and the remixing of the existing stockpile, be accepted at the low tendered price of $89,240.O0; AND the Seal of the Corporation be hereto affixed. Ca~rrted UnanimouslyJ_ No. 90 -IIINSPRRCER ~ CUMMINGS - RESOLVED that the unit prices submitted by the following companies for parking lot snowplowing for the 1986-1987 winter season be accepted as listed below: 1) Dominion Paving Co. 2) Ken Warden Const. Ltd. 3) Sacco Const. Ltd. 3 1/2 yd loader $37.50 3 yd loader 37.50 2 yd loader 25.00 3/4 yd loader 15.00 Dump with blade 32.50 Tandem dump 27.50 Single axle dump 22.50 City Hall lots, all Downtown Lots, Ellen Avenue Lot, South End Lots, Niagara Falls Arena Lots, Community Resources Centre. Loader 2 yd Bucket 26.25 Dump Truck 21.00 Tandem Dump Truck 26.25 5-Ton Dump Truck with power blade 31.50 1-Ton Truck with power blade 31.50 Willoughby Town Hall Niagara South Arena, Chippaws Library Lot, Bridgewater On-Street parkii~ areas. 2 yd loader 21.50 Dump Truck 19.50 Jeep with plow (4-wheel drive) 19.49 Tandem Dump 25.00 Stamford & Jack Bell Arenas, Lfon's Club, Rink, Coronatios Recreation Centre, AND the Seal of the Corporation be hereto affixed. Carried Unanimously. Bo, 91 v R~RI!~'*TON v HOPKINS - RESOLVED that ~HEREAS The General Assembly of the United Nations proclaims the week starting October 24th, as Disarmament Week; and WHEREAS Disarmament Week brings more fully to the public attention the dangers of the arms race and the needs for promotiug the objectives of disarmament; and WHEREAS the Arms race is a continuing cause of social and economic underdevelop- ment in the world; and WHEREAS the Arms race threatens the survival of every re, an, woman, and child in Niagara Fails as well as the rest of the world; and WHEREAS it/8 necessary to reaffirm the idea that people are more impor.taut ~haa Politics; . . . 6 THEREFORE BE IT RESOLVED that the City of Niagara Falls, Ontario, Canada be declared a Nuclear Weapons Free Zone, and that the production and deployment of nuclear weapons or associated materials be prohibited in the political and geographical area described as the City of Niagara Falls, Ontario, Canada; AND the Seal of the Corporation be hereto affixed. The motion Carried with the following vote: AYE: Aldermen Baker, Cummings, Harrington, Hopkins, Pay, and Puttick. NAYE: Aldermen Chessman, Coyills, Hinsperger, Janvary, and Orr. BY-LAWS ORDERED on the motion of Alderman Chessman, seconded by Alderman Coyills, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No, 86~215 A by-law for the licensing of Charitable or Religious Organizations to conduct Bingo Lotteries, Raffle Lotteries or Lottery Schemes held at Bazaars within the City of Niagara Falls. Me. 86~216 - A by-law to authorize the execution of a license agreement with Marineland of Canada Inc. ~. 86~217 - WITHDRAWN. Me. 86~218 - A by-law to authorize the sale of land to Niagara Falls Hydro- Electric Commission. ~. 86v219 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cummings and Minsperger abstaining from the vote on conflicts of interest on By-law No. 86-215, because they are members of organizations which conduct bingos; Alderman Mfnsperger abstaining from the vote on By-law No. 86-219, on a conflict of 'interest previously recorded in Report No. 507; 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: Bo, g6~215 - A by-law for the licensing of Charitable or Religious Organizations to conduct Bingo Lotteries, Raffle Lotteries of Lottery Schemes held at Bazaars within the City of Niagara Falls. 86-216 - A by-law to authorize the execution of a license agreement with Marineland of Canada Inc. Me. 86~217 - WITHDRAWN. !o, 86~218 - A by-law to authorize the sale of land to Niagara Falls Hydro- Electric Commission. No. 86e219 - A by-law to provide monies for general purposes. The Notion Carried with Aldermen Ninsperger and Cummings abstaining'from the vote on By-a~'~'~To. 86-215 on conflicts of interest previously recorded; Alderman Hinsperger abst~tnthg f~dmlthe vote on:By-lAw No. 86-219 on a conflic~ of interest previously recorded; and all others voting in fayour. NEW BUSINESS ITEMS OF CONCERNs -7- Personnel Policies - Alderman Puttick requested that matters of concern with respect to personnel policies receive input from representatives of the Firemen's Union, and C.UoP.E. and a report submitted to Council. Following a brief discussion, His l~rship Mayor Smeaton advised that he would submit his comments on this matter. ITEMS OF INTEREST: Rick Hartsen/Spinal Cord Research - Alderman Janvary referred to the upcoming visit to the City of Niagara Falls by Rick Hensen, who is travelling across Canada in his wheelchair to promote spinal cord research. She referred further to the proposed fund-raising even[ by MacDonald's fast food outlets across Ontario, and encouraged members of Council to par~icipate hy visiting a MacDonald's restaurant on Monday, November 3, 1986. Lyon's Creek United Chureh/20Oth Anniversary - Alderman Hopkins discussed his attendance at the 200th Anniversary of Lyon's Creek United Church. The celebration had taken place on October 26th, 1986, with the Church belng declared an historical site by the City of Niagara Falls, through the Local Architectural Conservation Advisory Committee (L.A.C.A.C.). It was moved by Alderman Cummings, seconded by Alderman Coville~ that the meeting adjourn. Carried Unanimously. WIl S. SMEATON Condolence Resolution/Alan Corydon N~eDonald - ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that message of condolence be forvarded to the family of the late Mr. Alan torydon MacDonald, who was employed in the Niagara Falls Fire Department for 27 years. Carried Unanimously FORTY-FOURTH MEETING REGULAR MEETING Council Chambers November 3, 1986 Council met on Monday, November 3rd, 1986, at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of Alderman Orr, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Baker offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the minutes of the meeting held October 27th, 1986 be adopted as printed. Carried Unanimously. PRESENTATIONS APPRECIATION PLAQUES TO BAND GROUPS - Rick Rose Band; Chr18 Holmes; The Forum; and The Shoes - His Worship Mayor Smeaton presented a City of Niagara Falls Plaque, and a small token of appreciation to the Rick Rose Band, Chris Holmes, and The Forum. The Shoes Band was not in attendance and will receive a plaque at a later date. Mayor Smeaton expressed the gratitude and appreciation of Council and the community, for the performances of these groups at two fund raising concerts on behalf of the Ronald McDonald House in Toronto. DEPUTATION RECYCLING BOXES - Report No. 511 - CMef Administrative Officer - Re: report recommends the following: 1) 2) Recycling Boxes. The That the by-law appearing on tonight's agenda to authorize an agreement with Niagara Employment Agency Inc., carrying on business under the firm name and style of Niagara Recycling be passed; and That a representative of Niagara Recycling who is present be called up to outline its program. - AND - Communication No, 350 - Ktntster of the Environment - Re: 2nd Annual Recycling Week in Ontario, The communication advlses that the week of November l?th to 23rd, 1986 has been declared "Recycling Week"s and attaches a report entitled -tRecycling in 0ntario~, Mr. Brian McMullen spoke on behalf of Niagara Recycling, and presented Mayor Smeaton with the first recycling box. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hopkins, that the week of November 17th to 23rd, 1986 be declared "Recycling Week"; and the report be received and adopted. Carried Unanimously% UNFINISHED BUSINESS INTER-CITY BUS TERMINAL - Report No, 512 - Chief Adainistrative Officer - Re: PD-86-129, Inter-City Bus Terminal. The report recommends that a downtown location for an Inter-City Bus Terminal be endorsed, Co~uni~tion I~o. 351A - Niagara Transit - Re| Bus Terminal. The communication attaches. a letter from Mrs. Rose White; a copy of the formal policy relative to the subsidy received from the Ministry of Transported. ion and Communications in late September; copies of letters .from the Commissioner of Transportation, Canada Coach Lines Limited; and information with respect to other Municipalities in Ontario that have received Provincial funding for similar facilities; and requestinS approval of the proposed bus terminal transfer, -2- - AND - Communication No. 351B Lorerio Academy - Re: Bus Terminal. The communication advises that after further study and consultation, the Sisters of Loretto are in agreement with the relocation of the bus terminal to Erie Avenue and Bridge Street. - AND - Commnication No. 351C - Rose White - Re: Bus Terminal. The communication expresses the hope that the Downtown Board of Management, Niagara Transit, and City Council will accept the $4,500.00 study that states the inter-city bus terminal should be in downtown Niagara Falls. - AND - Communication No. 351D - Rosbergs - Re: Bus Terminal. The communication advises that "it would be most logical to establish a new passenger terminal adjoining the present George Mowers Terminal", and urges the immediate commence- ment of procedures for the establishment of the proposed bus terminal. - AND - Communication No. 351E - Main and Perry Business Association - Re: Bus Terminal. The communication expresses opposition to the removal of the Bus Terminal from the Falls View area. Alderman Hopkins declared a conflict of interest because a member of his family has a business interest. Mr. Ken Dubots, Chairman of the Transit Commission; Mr. Heinz Schwefnbenz, Commissioner of Transportation, Canada Coach Lines Limited; Mr. Brian Stewart, Manager of Sales & Service, Gray Coach Lines, Toronto; Mr. Nick Poulos, Project Manager, Transportation Planning, Marshall Macklin Monaghan; and Mr. J-T. McMahon, Manager of Niagara Transit were in attendance to address Council, and respond to questions raised with respect to actions taken regarding the advisability of transferring the bus terminal from the Falls View area to the proposed site at Bridge Street and Erie Avenue. Reference was made to the Marshall Macklin Monaghan report, as well as the Urban Renewal Report prepared by Acres International Limited. Mr. Poulas discussed the desirability of locating the terminal within the areas of the Railway Station and City of Niagara Falls Niagara Transit Terminal. Mr. Schweinbenz replied to questions raised respecting the continuing employment of persons at the bus terminal; the cessation date of the terminal's current lease agreement; and the intention of the Canada Codch Lines to relocate at the termination of the lease agreement. He discussed the benefits of the proposed location transfer in terms of access to the other transportation systems. Mr. John B. Hopkins, Solicitor representing the properties of Liberty Inn and Mall of the Mist, as well as other properties in the Falls View area, discussed the following: the inadequacy of parking space for taxis, buses and cars in the area of Erie Avenue/Bridge Street; the congestion of traffic on the the route to, and in the proposed area; the cost installing a stop light in the proposed area; the desirability of locating the terminal in the epicentre of population in Niagara Falls; suggested other possible locations on Stanley Avenue which might have been considered; and referred to the businesses in the Falls View area which would be detrimentally affected by the transfer to the downtown area. Me suggested an investigation be made of other desirable locations for the facility. In response to questions raised, Mr. Dubois advised that the proposed land has been paid for, and a Provincial subsidy.is available respecting building COSTS, ' ' · ' Mr. A.J. (Sandy) Casey, Transportalon and Procedural Officer for the Ministry of Transportation and Communications, discussed the M.T.C.'s policy of encouraging Municipalities to incorporate inter-city and municipal bus terminals because of the economic factor; and the availability of Provincial funding to assist with costs. Mr, Brian Stewart, Gray Coach Lines, referred to this company*s policy of -trying to keep terminals in the downtown areas; its concern regarding the availability .of transportation service to local people; and the VIA Rail service - 3 - development which has been placed on "hold" because of the seed of the City of Niagara Falls for an incorporated transit system to serve tile community. tie re- ferred further to the success of inter-city terminals in other Cities in Ontario. In reply to questions raised, Mr. Stewart stated that they |lave been "told to get another location". Mr. Jack Bell, Chairman of the Downtown Board of Management, discussed the benefits of the proposed terminal to tile downtown area of Niagara Falls; tile reference in the C.A.U.S.E. study to the unavallabllity of the bus terminal to other transportation resources and its recommendation fOF an Integrated trans- potration system; the Downtown Board's resolution to support the proposed terminal site; and referred to the recent B.I.A. Conference In Toronto. Mr. Tony Zappitelli, owner of the Liberty Inn and Mall of the Mist, discussed the recent renovation of one and the proposed redevelopment of tile other hotel, and stated that the close proximity of the bus termlnal's present location was a decision-making variable with respect to the renovations. lie further stated that the businesses in the Falls View area would "suffer tremendous loss if it is moved to the downtown" area. Following further discussion, it was moved by Alderman Baker, seconded by Alderman Htnsperger that the communications be received and filed. It was further recommended that the report be received and adopted. The motloll Carried with Alderman Hopkins abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Coville, Cummings, lllnsperger, Janvary, and Pay. NAYE: Aldermen Harrlngton, and Puttick. His Worship Mayor Smeaton declared a 5 minute recess at 9:25 p.m. Following the recess, Council reconvened in the Council Chambers for tt~e balance of the meeting. COMMUNICATIONS No. 352 - Nlnistry of the Environment - Re: 1985 Air Quality Report for the Regional Municipality of Niagara. The communication attaches the aforementioned report. ORDERED on the motion of Alderman Cummings, seconded by Aldermaa Pay, that tile communication be received and filed. Carried Unanimously_.L No. 353 - Municipality of Village of Millbrook - Re: B.R.I.C. The communication requests support of a resolution to tile Ministry of Citizenship & Culture to extend the B.R.I.C. Program beyond December 31, 1986. 0RDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the communication be received and filed. The motion was Defeated with tile following vote: AYE: Aldermen Coville, Cummings, and Pay. NAYE: Aldermen Baker, Campbell, Chessman, Herrington, Hinsperger, Hopkins, Janvary, and Puttick. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cheesman, that the resolution be endorsed. The motion Carried with the followi~ vote: AYE: NAYE: Aldermen Baker, Campbell, Chessman, liarrlngton, Hlnsperger, liopkins, Janvary, and Puttick. Aldermen Coyills, Cummings, and Pay, go. 354 - !Is, Eva Zmweruclm, Shady Oaks Trailer Perk - Re: Snowploughing in Park. The communication asks that Council reconsider the rcqucst for City 8nowploughing in Shady Oaks Trailer Park. 0RDgRED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that tile current policy of not ploughin8 snow on private property ~ endorsed, garried Unanimous1]. -4- No. 355 - Residents of Bambi Subdivision, NcNillan Drive. and Clare Crescent APes - Re: Official Plan Amendment and Zoning Amendment Application, Proposed Amusement Centre. The communication expresses appreciation to Council for the denial of the application. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the communication be received and filed. Carried Unanimously. No, 356 - Niagara Palls Pirates - Re: Annual Hockey Tournament. The communication requests a Special Occasion Permit for the Tournament scheduled for March 19 - 22, 1987 at the Stamford and Jack Bell Arenas. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the request of Larry Pugliege, Team Representative, for a special occasion permit for the Annual Niagara Falls Pirates Hockey Tournament to be held on March 19th, 20th, 21st, and 22nd, 1987 at the Stamford and Jack Bell Arenas, Niagara Falls, be granted subject to 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. 35? - Regional Niagara Public Works Department - Re: Water/Sewage Flows Report. The communication attaches Report DEP-2429, Water/Sewage Flows Monthly Report for September 1986. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Pay, that the communication be received and filed. Carried Unanimously. No. 357 - Greater Niagara Ministerial Association - Re: "Pause" day, The communication requests that Council support the concept of one "pause" day in seven. During the discussion, it was noted that this matter had been considered by Council at a previous meeting. ORDERED on the motion of Alderman Baker, seconded by Alderman Cummings, that the communication be received and filed. The motion was Defeated with the following vote: AYE: Aldermen Baker, Cummings, and Hinsperger. NAYE: Aldermen Campbell, Chessman, Coville, Marrington, Hopkins, Janvary, Pay, and Puttick. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Campbell, that the concept of one "pause" day in seven be supported. ~he motion Carried with the following vote: AYE: Aldermen Campbell, Cheesman, Coville, Herrington, Hopkins, Janvary, Pay, and Puttick. NAYE: Aldermen Baker, C,,~ings, and Hinsperger. REPORTS No. 513 - Chief Adainistrative Officer - Re: B-86-62, Site Plan Approval '- Proposed Convenience Store and Donut Shop, 5846 Drummond Road (at Lundy's Lane N/E corner). The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed convenience store and donut shop, and the site plan being drawing number 1 dated August 15th, 1986, as revised and the site plan being drawing number 1A dated August 21st, 1986 and fil&d with the Buildings and Inspections Department of the City of Niagara Falls on October 28th, 1986s and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Pay, seconded by Alderman Cheesman~ that the report be received and adopted. Carried Unanimously. No. 514 - Chief Administrative Officer - Re: B-86-63, Site Plan Approval - Proposed 32 Unit 2-Storey Carriage House, 8004 Lundy's Lane. The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed motel building, and the site plan being drawing number 1 dated October 21st~ 1986, and filed with the Buildings and Inspections Depart- ment of the City of Niagara Palls on October 29th, 1986, and that such approval be subject to the conditions contained in the report. ORDERED on the motion of Alderman Campbells seconded by Alderman Hinspargers that the .report be received and adopted. Carried Unanimously. ' 1 - 5 - No. 515 - Chief Administrative Officer - Re: B-86-65, Proposed 27 Unit 3 Storey Hotel Addition, Travel Lodge Site Plan Approval - Hotel - 5591 Victoria Avenue. It is recommended that the Council approve the site plan on display at tonight's meeting, being a proposed motel building, and the site plan being drawing number SP1A dated October 31st, 1986, and filed with the Buildings and Inspections Department of the City of Niagara Falls on October 31st, 1986, and that such approval be sub3ect to the conditions included in the report. In response to questions raised regarding the driveway, the Director of Buildings & Inspections advised that Staff is working with the Region with respect to the road in front of the property, and a report, with a site plan, would be submitted at a later date. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried UnanimouslyL No, 516 - Chief Administrative Officer - Re: MW-86-131, 1986 Tree Planting Program, Contract T.P. 25-86. The report recommends that the unit rates sub- mitted by Gauld Nurseries Ltd. be accepted by Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 92. See By-law No. 86-221, No, 517 - Municipal Parking & Traffic Committee - Re: MW-86-132, Installation of Four-Way "Stop" Signs at the Intersection of Simcoe Street and St. Clair Avenue; and Buchanan Avenue and Foraythe Street. The report recom- mends the following: 1) 2) That Four-Way "Stop" signs be erected at the intersection of Simcoe Street and St. Clair Avenue; and That Four-Way "Stop" signs be erected at the intersection of Buchanan Avenue and Foraythe Street. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the report be received and adopted. Carried UnanimousAy. No, 518 - Municipal Parking & Traffic Committee - Re: MW-86-133, Installation of Traffic Control Devices at the Intersections of Rodney Street and Wellington Street; Valley View Crescent and Valley Way; and Coventry Road and Kalar Road. The report recommends the following: 1) That a "Yield" sign be erected on Rodnay Street facing southbound traffic at Wellington Street; and 2) That a "Yield" sign be erected on Valley View Crescent facing southbound traffic at Valley Way; and 3) That a "Stop" sign be erected on Coventry Road facing westbound traffic at Kalar Road. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. No. 519 - Chief Administrative Officer - Re: F-86-16, Municipal Accounts. The report recommends that the accounts totalling $1~308~173.21 for the period ending November 3~ 1986 be approved by the passing of the by-law appearing later on the agenda. Alderman Campbell declared a conflict of Interest on Cheque No. 20013 becsuse he has a business interest. Alderman Hinsperger declared a conflict of interest on Cheque No. 19993 because he is employed with the company. ,t Additional information was provided on Cheque Nos. 20091 and 20108; and Staff was asked to provide further information on Cheque No. 20119. ORDERED on the motion of Alderman Harrington, seconded by Alderman Hopkins, that the report be received and adopted. The motion Carried with Aldermen Campbell and Hinsperger abstaining from the vote on Cheque Nos. 20013, and 19993 on conflicts of interest previously recorded; and with all others voting in favour. No. 520 -Nayor Bmeaton - Re: Personnel Policies. The report provides information with respect to matters of concern, referred to by Alderman Puttick, regarding input from representatives of the Niagara Falls Professional Fire- fighters Association and C.U.P.E. ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that the report be received and filed. Carried Unanimously. No. 521 - Nayor Smeaton - Re: Niagara Parks Commission Appointment. The report refers to the upcoming termination of Mayor Smeaton's appointment to the Niagara Parks Commission, reviews ongoing matters of importance to the Munici- pality, and advises that he would like to continue on the Commission. ORDERED on the motion of Alderman Hinspergsr, seconded by Alderman Coville, that Mayor Smeaton be appointed to the Niagara Parks Commission for the year 1987. The motion Carried with the following vote: AYE: Aldermen Baker, Chessman, Coville, Cummings, Hinsperger, Hopkins, Janvary, and Pay. NAYE: Aldermen Campbell, Earrington, and Puttick. RESOLUTIONS ~ No. 92 - C[~4INGS - !IINSPNRGEE - RESOLVED that the unit prices submitted by Gauld Nurseries Ltd. for the 1986 Tree Planting Program, Contract T.P. 25-86, be accepted at the low tendered price of $6,322.00; AND the Seal of the Corpora- tion be heroic affixed. Carried Unanimously. No. 93 - uHK{SMAN - JANVARY - RESOLVED that a message of condolence be forwarded to the family of the late Giuseppe DeCaria, a Crossing Guard for the City of Niagara Falls, and father of City Employees, Alessand~o and Ronny DeCaria; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. 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. 86-220 - A by-law to authorize an agreement with Niagara Employment Agency Inc., carrying on business under the firm name and style of Niagara Recycling. No, 86-221 - A by-law to authorize the execution of an agreement with Gauld Nurseries Limited for the 1986 tree planting program. No. 86-222 - A by-law to amend By-law No. 3790, being a by-law for the regulation of traffic (Carroll Avenue), No, 86-223 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell and Hlnsperger abstaining from the vote on By-awl~'~786-223 on conflicts of interest previously recorded in Report No. 519; and with all others voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Covllle~ that the followin~ by-laws be now read a second and third time/,- - 7 - NO, 86-220 - A by-law to authorize an agreement with Niagara Employment Agency Inc., carrying on business under the firm name and style of Niagara Recycling. No. 86-221 - A by-law to authorize the execution of an agreement with Gauld ., ',. Nurseries Limited for the 1986 tree planting program. No. 86~22~2~-~yJiaw te amend By-law No. 3790, being a by-law for the regulation of traffic (Carroll Avenue). No, 86-223 - A by-law to provide monies for general purposes. The motion ~arried with Aldermen Campbell and Hinsperger abstaining from the vote on By-law No. 86-223 on conflicts of interest previously recorded; and with all others voting in favour. ITEMS OF CONCERN; NEW BUSINESS Illegal Signs - Alderman Pay expressed concern regarding the signs being posted illegally throughout the City with respect to toxic waste. He asked that Staff investigate this matter. NiagaraRiver Pollution - Alderman Puttick referred to a recent article in the Toronto Star regarding the cost to the Region to oppose the O.W.M.C., and Niagara River pollution, and asked Staff to correlate information available. Signing/McLeod & Nontrose Roads - Alderman Puttick discussed the lack of proper signing at the corner of McLeod and MortCross Roads leading to Niagara Square. He requested that Staff investigate and provide a verbal report. Niagara Parks Cosmission/Clifton Hill - Alderman Campbell discussed his attendance at a recent Clifton Hill Business Improvement Association (B.I.A.) meeting, and their concern respecting the changes made by the N.P.C. in the traffic flow patterns in the Clifton Hill area. His Worship Mayor Smeaton expressed his concern that neither the City, nor the Clifton Hill B.I.A. were given prior notice of these changes, ORDERED on the motion of Alderman Campbell, seconded by Alderman Cummings, that a letter be forwarded to the Niagara Parks Commission suggesting that the City of Niagara Falls be provided with prior knowledge of proposed changes which would have an impact on the City. Carried Unanimously. ITEMS OF INTEREST; Great Lakes gnited Meeting/Buffalo Alderman Harrington discussed the meeting of the Great Lakes United, in Buffalo, N.Y., which had been attended by Alderman Covtlle and himself. Y.M-C.A./Mesberships - Alderman Campbell advised that the Board of Directors of the Y.M.C.A. had aPproved the issuance of complimentary membership cards, covering a 6 month period, to retiring employees in the City of Niagara Falls, effective November 1, 1986. He asked that the "Y" be provided with a list of retiring employees being honoured by the City at Employees Appreciation Night, in order that the memberships might be presented at that time. ***** It was moved by Alderman Puttick, seconded by Alderman Puttick, that the meeting adjourn. Carried Unanimously. READ AND ADOPT.ED, 8 MAYOR S. SMEATON FORTY-FIFTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 November 10, 1986 Council met on Monday, November lOth, 1986 at 7:00 p-m. in Committee of the Whole. All members of Council were present. Alderman Hopkins presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose without reporting, ~&~AA,A~ Council Chambers November 10, 19B6 Council met on Monday, November lOth, 1986, at 7:30 p.m. for the purpose of considering Planning Matters and regular business. All members of Council were present. His Worship Mayor Smeaton presided as Chairman. Alderman Janvary offered the Opening Prayer. ADOPTION OF MINUTES Alderman Puttick initiated a discussion regarding the New Business item with respect to the letter to be forwarded to the Niagara Parks Commission concerning proposed changes to traffic patterns in the Clifton Hill area which would have an impact on the City of Niagara Falls. He asked that Staff submit a report on the matter. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the minutes of the meeting held November 3rd, 19B6, be adopted as printed. Carried Unanimously. DEPUTATION BOAan OF ~l~!l~r - ClllLIS~H~S PROGP,~H - Mrs. Margaret Nagy, representing the Downtown Board of Management, advised that the Downtown Board of Management, and merchants, had scheduled their Christmas event for Saturday, November 16th, 1986, had contacted Santa Claus who wished to address Council. Santa Oleos entered the meeting and distributed song sheets and candy canes to Council and Staff. "Deck the Halls with Boughs of Holly" was sung. REPORTS - PLANNING MATTERS Me. 522 - Chief Adainistrmttve Officer - Re: PD-86-133, Zoning Amendment APplicationAM-21/S6, G. Marinelli; Lot 3 and Pt. Lot 4, Plan 94, east side of Montrose Road. The report recommends that Council not support the sub;act Zoning By-law amendment application to rezone the subject lands from Residential Single Family 1D Density Zone (R1D) to Residential Low Density, Grouped Multiple Dwellings (R4) for the reasons detailed in this report and Technical Report PD-86-130. C~}munlcation No. 358 - M~. D. Cash, 6455 Delta Drive - Re: Zoning By-law Amendment Application/;AM-21/86. The communication expresses opposition to the Proposed amendment because the adjoining lands to the north along Graham Street would no longer be suitable for single family homes; the development is incon- sistent with the design and functionality of the subdivision; appropriate zoning exists in nearby Rainbow Gardens Subdivision to provide for apartment units; and farther, additional apartment dwellings have been developed and others are being ~auatrueted nearby. -2- His Worship Mayor Smeaton declared the Public Meeting open and advised that the procedure under the Planning Act, 1983 would be followed. The Clerk stated that Mr. Gabriele MarineIll, the applicant, had applled for permission to construct a three storey, 16 unit apartment building on the subject lands. Re further stated that the Notices of the Public Meeting had been mailed on October 9th, 1986. His Worship Mayor Smeaton received a positive response to his request for a show of hands of persons present in fayour of, or opposed to the application. He stated 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. Me explained the procedure to be followed. The Planning Director explained the purpose and reason for the proposed amendmemt, wi~h the assistance of posted sketches. He reviewed the following infermatted con~ned i~ the Technical Report: Property Description; Development Proposal; Zoning By-Law Amendment; Official Plan; Lundy's Lane Neighbourhood Plan; Surrounding Land Uses; Comments from the Public Notification Process; and Planning Review. The Planning Director replied to questions raised regarding lands adjoining the subject property; objections from adjacent proper- ty owners; and future plans for Graham Street. Mr. Gordon Fraser, 6355 Delta Drive; Mr. Guillermo Hermoza, 6454 Delta Drive; Mr. Michael Sproule, 6451 Delta Drive; and Mr. Theebald Trepanier, 6459 Delta Drive expressed opposition to the proposal because of devaluation of property, incompatibility with nearby single family homes, and apartment units cartautly in the area, as well as those being planned. Mr. Dante Marinelli, Solicitor for the applicant, advised that the proposal complies with the Official Plan; pointed out that services were sufficient to permit this development; and that traffic from this project would not flow into Delta Drive. He discussed the need for developments of this nature in the City; and reviewed the rezoning of nearby lands from single family to multi-family. He advised that his client had contacted the owner of the property adjoining the north side of the subject lands, and further, that the neighbout was not opposed nor did he wish to sell the lands or enter into a combined development. Mr. MarineIll discussed his client's future plans for the property, and reviewed the standards of By-law 79-200 wlth respect to the subject lands. Since no other questions were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Harrington, seconded by Alderman Coville, that the report be received and adopted. The motion was Defeated with the following vote: AYE: Aldermen Chessman, Coville, Cummings, Herrington, and Hopkins. NAYE: Aldermen Baker, Campbell, Htnsperger~ Janvary, err, Pay, and Puttick. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the report and communication be received and the application be spproved, subject to a resolution of concerns of the Regional Public Works Department regarding storm sewer outlet, 10' road widening, and driveway entrances. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Hinsperger, Janvary, Orr, Pay, and Puttick.. NAYE: Aldermen Cheesmau~ Coville, Cummings, Harringtou, and Hopkins~ No, 523 - Chief Adaintstrative Officer - Re: PD-86-134, Zoning Amendment ApplicationAM-30/86~ 4270-4540 Lyon's Creek Koad~ Part of Lots 20 and Concession 3. The report recommends the following: l) That Council support Zoning Amendment AM-30/86, proposing to change the zone on the subject lands from "Rural" to "Village Residential", in accordance with Zoning By-law 395s.1966, as.detailed,in this.report and Technical Report PD-86-131; 2) That Staff be directed to prepare, the necessary Zoning By-law amendment for enactment at a subsequent Council meeting; 3) That the property owners and Regional Municipality of Niagara be advised accordingly. ., - 3 - His Worship Mayor Smeaton declared the Public Meeting open, and explained the procedure to be followed under the Planning Act, 1983. The Planning Director advised that the Notices of the Public Meeting were forwarded to interested persons on October 9th, 1986. He advised that the lands were currently zoned Rural in accordance with Zoning By-law No. 395, 1966, which permits single family residences on minimum one acre lots with a 200 foot frontage; that this lot area reflects the need for a larger lot area to accommodate a private waste disposal system in addition to the dwelling unit; that all existing residential lots on the subject lands are considered legal non-conforming because they do not meet the minimum requirements of the Rural Zone; that the recent installation of Municipal Services has removed the need for larger lots; and that the Municipality proposes to apply more appropriate urban development standards as identified in the "Village Residential" zone to create lots approaching conformity with Zoning By-law No. 395, 1966. His Worship Mayor Smeaton received a positive response to his request for a show of hands indicating the presence of persons interested in the subject matter. The Planning Director reviewed the location with the assistance of posted sketches, and discussed the following information contained in the Technical Report: Development Proposal, Zoning BY'LawAmendment; and Planning Considera- tions. Mayor Smeaton received a negative response to his request for comments from persons in support of the application. Mr. Morris Borys, 4516 Lyon's Creek Road; Mr. Walter Savoie, Lyon's Creek Road; Mr, Robert MacRae, 4286 Lyon's Creek Road; and Mr. Arthur Varty, 4540 Lyon's Creek Road expressed concerns regarding the application. The Planning Director responded to questions raised with respect to a dog kennel operation; the possibility of increased property taxes; severances which might result in the construction of semi-detached dwellings on lots with 50' frontages; the number of severances which might be requested; additional sewage from septic tanks draining into ditches; as well as the proposed subdivision development to the rear of the subject lands. Following further discussion, Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Campbell, seconded by Alderman Binsperger, that the report be received and adopted. The motion Carried with the following AYE: Aldermen Baker, Campbell, Cheesmun, Coville, Hinsperger Hopkins, Janvary, Orr, Pay, and Puttick. NAYE: Aldermen Cummings, and Barrington. No. 524 - Chief Administrative Officer - Re: PD-86-132, F. BoJdak, 2345 Dorchester Road, (Agent: D. Marineill). The City Clerk advised Council that Mr. D. Marineill was agent for the proposed purchasers of the land, not for Mr. BoJdak. The report recommends that the request to create three residential building lots from property municipally known as 2345 Dorchester Road, by Consent Application be endorsed by Council, subject to conditions outlined in the report. ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, that the report be received and adopted. Carried Unenimously_L Alderman Campbell retired {tom the meeting. COMMUNICATIONS No. 359 -Mrs. Lorraine Savrlga - Re: Appointment to Niagara College Board of Governors. The communication submits the resignation of Mrs. Savriga as Municipal representative from Nlagara Falls to the Board of Governors. Alderman err declared a conflict of intercut because she is employed by the College. ORDERED on the motion of Alderman Baker~ seconded by Alderman Hinsperger, that the matter be referred to Staff to advertise for appointments. The motion Carried with Alderman err abstaining from the vote on a conflict of interest l~sly recorded, and all others voting in fayour. -4- -5- No. 360 - Regional Niagara Office of the Clerk - Re: Building Permit Activity. The communication attaches Report DF-86-144, Second Quarter 1986 Building Permit Activity. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be received and filed. Carried Unanimously. No. 361 - Social Justice Comaittee, Y.N.C.A. of Niagara Falls - Re: Porum. The communication invites members of Council to attend the Forum on Prostitution: The Reality, scheduled for November 19th, 1986. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and filed, and as many members of Council as possible attend, and notify the .y. office in advance. Carried Unanimously. No. 362 - Addiction Research Foundation - Re: "Addiction Awareness Week". The communication asks Council to proclaim the week of November 16th to 23rd, 1986, as "Addiction Awareness Week". ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that the request be approved subject to established policy. Carried Unanimously. No. 363 - Niagara Falls, Canada, Visitor & Convention Bureau - Re: Bus Terminal. The communication expresses "extreme disappointment" regarding the decision of Council to approve the relocation of the bus terminal to Erie Avenue and Bridge Street. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. No. 364 - Verna Reid, 5982 Dunn Street - Re| Bus Terminal. The communication expresses opposition to the location of the proposed new bus terminal in the Erie Avenue/Bridge Street area. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. REPORTS No. 525 - Chief Adm~nistrative Officer - Re: B-86-66, Residential Rehabilitation Assistance Program (R.R.A.P.). The report advises that C.M.H.C. has increased the allocation for 1986 R.R.A.P. funding to $265,000.00; and recommends that the report be received and filed for the information of Council. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, Chat the report be received and adopted. Carried Unanimously. No. 526 - Chief Administrative Officer - Re: P-86-O2, Policy and Procedure to Appoint an Agent of Record for Employee Benefits Insurance. The report attaches a Policy sad Procedure guideline and recommends that this be adopted. ORDERED on the motion of Alderman Pay, seconded by Alderman Puttick, Chat the report be received and adopted. Carried Unanimously. No. 52? - Chief Adsinistrative Officer - Re: MW-86-135, Waterumin Installation on Bridgewater Street from Willoughby Drive to Sophia Street, Contract W.I. 26-86. The report recommends that the unit prices submitted by the low tendeter, Blairick Limited, be accepted and that this contract be awarded. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted, Carried Unanimously. See Resolution No. 96. See By-haw No. 86-227. No. 528 -Faxuicipal Parking & Traffic Conmittee - Re: MW-86-136, Installation of Parking Meters, East Side of Victoria Avenue - Queen Street to Valley Way. The report recommends that one-hour meters be installed on the east side of Victoria Avenue from Valley Way to Queen Street. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously__. No. 529 -Municipal Parking & Traffic Committee - Re: MW-86-137, Request to Reduce Speed Zones on Willoughby Drive, Warnor Road and Garner Road. The report recommends the following: 1) That the speed limit on Warnor Road from Garner Road to Beechwood Road be reduced from 80 km/hr. to 60 km/hr.; 2) That the speed limit on Garner Road from Warner Road southerly for a distance of 350 meters be reduced from 80 km/hr. to 60 km/hr.; and 3) That the speed limit on Willoughby Drive from the south side of F.J. Rutland School to Marshall Road be reduced from 80 km/hr. to 60 km/hr. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried UnanimoUsly. No~ 530 - Cktef Aam{nistrative Officer - Re: MW-86-138, Storm Sewer Installation in Cherrywood Acres Subdivision, Contract S.S. 27-86. The report recommends that the unit prices submitted by the low tendererr Volsci Construc- tion Co. Ltd.~ be accepted and that this contract be awarded. ORDERED on the motion of Alderman Cummings, seconded by Alderman Herrington, that the report be received and adopted. Carried Unanimously. See Resolution No. 95. See By-law No. 86-228. No, 531 - Municipal Parking & Traffic Corsm~ttee - Re: }~4-86-143, Parking Restrictions - Buchanan Avenue. The report recommends that the existing parking restrictions on Buchanan Avenue be changed to: 1) That parking be permitted on the east side of this street from Robinson Street to Dixon Street on a year-round basis; 2) That "No Parking" be permitted on the west side of this street from Robinson Street to Dixon Street on a year-round basis. ORDERED on the motion of Alderman Cummings seconded hy Alderman Pay, that the report be received and adopted. Carried UnanimouSly. No, 532 - Municipal Parking & Traffic Comaittee - Re: MW-86-145, Placement of a Crossing Guard at the Intersection of Highway #420 and Watson Street. The report recommends that a school crossing guard be placed at the intersection of Watson Street, Moatrose Road and Highway #420 on a permanent basis. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. Alderman Campbell returned to the meeting. No. 533 - Municipal Parking & Traffic Comsittee - Re: MW-86-146, Rental of Parking Spaces on Huron Street Lot. The report recommends that 12 parking spaces in the Huron Street lot be rented to Plaingrove Construction Limited for one year at an annual rental rate of $150.00 per space. ORDERED on the motion of Alderman Chessman, seconded by Alderman Covllle, that the report be received and adopted, Carried Unanimo. uslz· -6- No. 534 - Fainicipal Parking & Traffic Committee - Re: MW-86-147, Parking on South Side of Culp Street from Dawlish Avenue to Pine Grove Avenue. The report recommends the following: 1) That the parking zone in front of number 6140 Culp Street remain in place; 2) That a parking zone be established on the south side of Culp Street from a point 10 meters west of the westerly side of the road on Pine Grove Avenue to a point 38 meters west of this road; and 3) That the parking restriction on Dawlish Avenue from Culp Street to Delaware Street remain unchanged. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the report be tabled for notification to interested persons. The motion Carried with the following vote: AYE; NAYE: Aldermen Campbell, Cheesman, Cummings, Harrington, Hinsperger, Hopkins, Janvary, Orr, Pay, and Puttick. Aldermen Baker, and Coville. No. 535 - Chief Administrative Officer - Re: F-86-17, Municipal Accounts. The report recommends that the accounts totalling $537,789.58 for the period ending November 10, 1986 be approved by the passing of the by-law appearing later on the agenda. Alderman Cheesman declared conflicts of interest on Cheque Nos. 20163 and 20243 because his wife is employed with the Board. Alderman Cummings declared a conflict of interest on Cheque No. 20196 because a member of his family is involved in the program. Alderman Hinsperger declared a conflict of interest on Cheque No. 20136 because he is employed with the company. Additional information was provided.on Cheque No. 20210. ORDERED on the motion of Alderman Harrington, seconded by Alderman Hopkins, that the report be received and adopted. The motion Carried with Aldermen Cheesman, Cummings, and Hinsperger abstaining from the vote on Cheque Nos. 20163, 20243, 20186 and 20136 consecutively, on conflicts of interest previously recorded; and with all others voting in favonr. No. 536 - Chief Administrative Officer - Re: CD-86-20, Policy for Opinions of Value and Appraisals. The report recommends that Council approve of a policy whereby persons requesting to purchase surplus Municipal property be required to provide the City with a deposit to cover the estimated cost of obtaining an Opinion of Value or Appraisal; AND that if the sale is fi~alized, the deposit will be applied to the sale price. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. No. 537 - Chief Administrative Officer - Re: CD-86-21, Lottery LicenSing Inspector. The report recommends that the Agreement between the City and Mrs. Augelm Arntz, as Inspector of Licensed Lottery Operations, be extended for a period of six months, November 22, 1986 to May 21, 1987. Aldermen Cummings, and Hinsperger declared conflicts of interest because they are members of organizations which, conduct binSOs, Alderman Janvary commended the Lottery Licensing Inspector on her work efforts. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the report be received and adopted. , The motion Carried with Aldermen Cummings, and Hinsperger abstaining from the .vote on conflicts of interest previously recorded; and with all others voting in fayour, See By-law No. 86-232, .'7 -7 - No. 538 - Municipal Works Comnu[ttee - Re: Chassis for V Box Sander. 1) 2) the report be received and adopted. MW-86-152, Purchase of Cab and The report recommends the following: That Staff be authorized to purchase one cab and chassis model 1987 Ford Fg00 from Eastgate Ford Sales and Service for the total sum of Thirty-Four Thousand Dollars ($34,000.00) Provincial Sales Tax extra; and That the monies to purchase the cab and chassis as recommended be paid from the current 1986 maintenance accounts. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Pay, that Carried Unanimously_____L No. 539 - Chief Administrative Officer - Re: B-86-64, Site Plan Approval, Proposed 35 Unit 3 Storey Motel Building, Ellen Avenue (west side, north of Centre Street). The report recommends that the Council approve the site plan oil display at tonight's meeting, being a proposed motel building, and the site plan being drawing number 1 dated October 1986, and filed with the Buildings and Inspections Department of the City of Niagara Falls on October 29th, 1986, and that such approval be subject to the conditions included in the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that the report be received and adopted. Carried Unanimously. No. 540 - Chief Administrative Officer - Re: S-3, Site Plan Agreement - Joie de Vivre Inc., 5781Dunn Street. The report recommends that the by-law appearing on tonight's agenda to authorize a partial release of the above noted Site Plan Agreement, be passed by Council. ORDERED on the motion of Alderman Puttick, seconded by Alderman Baker, that the report be received and adopted. Carried UnanimouslyL See By-law No. 86-229. RESOLUTIONS No. 94 - CMNGS - HINSPERGER - RESOLVED that the unit prices submitted by Blair|ok Limited for Watermain Installation on Bridgewater Street from Willoughby Drive to Sophia Street, Contract W.I. 26-86, be accepted at the low tendered price of $108,470.10; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No, 95 - CUI~eINGS - BARRINGTON - RESOLVED that the unit prices submitted by Volsci Construction Co. Ltd. for Storm Sewer Installation in Cherrywood Acres Subdivision, Contract S.S. 27-86, be accepted at the low tendered price of $356,040.85; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No, 96 - CMN~S - PAY - 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 $549,584.00 for the Capital Assistance Programme; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Coville, seconded by Alderman Pay, that leave be granted to introduce the following by-laws, and the by-laws be read a first time; (AM-25/86, City of Niagara Falls). 8 No. 86-225 - A by-law to amend By-law No. 85-238 respecting the 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. 86-226 - A by-law to amend By-law No. 83-149, being a by-law to appoint municipal law enforcement officers. No. 86-227 - A by-law to authorize the execution of an agreement with Blairick Limited for watermain installation. No. 86-228 - A by-law to authorize the execution of an agreement with Volsci Construction Co- Ltd. for storm sewer installation in Cherrywood Acres Subdivision. No. 86-229 - A by-law to authorize a release in favour of La Residence Joie De Vivre Inc. No. 86-230 - A by-law to amend By-law No. 6340, providing for the erection of Yield Right-of-Way signs at certain intersections in the Munici- paltty.(Rodney St., and Valley View Crest.). Ho- 86-231 - A by-law to amend By-law No. 7531, being a by-law to provide for the erection of stop signs at intersections.(Buchanan Ave., Forsythe St., Coventry Rd., Simcoe St., and St. Clair Ave.). Bo. 86-232 - A by-law to amend an agreement with Angela Arntz. No. 86-233 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cummings, and Minsperger abstaining from the vote on By-law No. 86-232, on conflicts of interest previously recorded in Report No. 537; Aldermen Chessman, Cummings, and Hinsperger abstaining from the vote on By-law No. 86-233, on conflicts of interest previously recorded in Report No. 535; and with all others voting in layout. ORDERED on the motion of Alderman Coville, seconded by Alderman Pay, that the following by-laws be read a second and third time: No. 86-224 - A by-law to amend By-law No. 79-200, as amended. (AM-25/86, City of Niagara Falls). No. 86-225 - A by-law to amend By-law No. 85-238 respecting the 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 subsectlon 5 of section 40 of the Planning Act, 1983. No, 86-226 - A by-law to amend By-law No. 83-149, being a by-law to appoint municipal law enforcement officers. No, 86-227 - A by-law to authorize the execution of an agreement with Blairick Limited for watermain installation. 86-228 - A by-law to authorize the execution of an agreement with'Volsci Construction Co. Ltd, for storm sewer installation in Cherrywood Acres 8ubdivi8ion. 86-229 - A by-law to authorize a release in fayour of La Residence Joie De Vivre Inc. HO, 86-230 - NO. 86-231 - A by-law to amend By-law No, 6340, providing for the erection of Yield Right-of-Way signs at certain intersections in the Hunici- pality.(Rodney St., and Valley View Crest.). A by-law to amend By-law No. 7531, being a by-law to provide for the erection of stop signs at intersections.(Bnchanan Ave., Forsythe Sto, Coventry Rd., Simcoe St.s and St. Clair Ave.). 9 NO, 86-232 - A by-law to amend an agreement with Angela Arntz. No, 86-233 - A by-law to provide monies for general purposes. The motion Cjrried with Aldermen Cummings, and Hinsperger abstaining from the vote on By-law No. 86-232, on conflicts of interest previously recorded; Aldermen Cheesman, Cummings, and Hinsperger abstaining from the vote on By-law No. 86-233, on conflicts of interest previously recorded; and with all others voting in favour. NEW BUSINESS ITEM OF CONCERN: Erie Cardinals Team- The Deputy Recreation Director submitted an up-to-date report, with the assistance of an overhead projector, regarding negotiations with the Erie Cardinals, the G.N.B.A., Mariners, and G-N.B.A. Ladies Auxiliary, with a discussion on alternative arrangements for parks, including costs, that could be offered to the organizations if an agreement with the Erie Cardinals is reached. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Orr, that the matter be tabled for further information. The motion Carried with Aldermen Campbell, Cummings, and Puttick voting contrary, and all others in favour. ITEM OF INTEREST: ~ick Hensen - Spinal Cord Research - Alderman Janvary provided a report with respect to the visit of Rick Hansen to the City on Friday, November 14th, 1986; the arrangements for a welcome to Mr. Hansen at City Hall at 4:30 p.m.; and his leaving the City through Chippawa on Sunday, November 16th, 1986, at 7:00 a.m. It was moved by Alderman Puttick, seconded by Alderman Orr, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, WIL S. SMEATON FORTY-SIXTH ~ZETING COMMITTEE OF THE ~tOLE Committee Room #1 November 17, 1986 Council met on Monday, November 17th, 1986, at 7:I0 p.m in Conmittee of the Whole. All members of Council were present. Alderman Cheesman presided as Chairman. Following consideration of the item presented, the Co~nittee of the Whole arose to report in open Council. ~.&,,,. · READ AND ADOPTED . Council Chambers November 17, 1986 Council met on Monday, November 17th, 1986, 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 Pay offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the minutes of the meeting held November 10th, 1986 be adopted as printed. Carried Unanimously. UNFINISHED BUSINESS RR!E ~RnlNALS BAB~BALL~L~B- · eport No. 541 - Chief Administrative Officer - Re: R-86-41, Erie Cardinals Baseball Club. The report recommends that Council review this report and its attachments. Further, it is requested that Staff be directed regarding whether or not a formal agreement should be prepared between the Erie Cardinals and the City of Niagara Falls for the use of Oakes Park. ~ AND ~ Cosmunication No. 365 - Fred R. Alvord III, Chairman/C.E.0., Lake Erie ~se~ll Clubs Inc. The communication expresses appreciation to Council for their assistance in the Club's efforts to relocate to Niagara Falls; advises that the lease proposal cannot be increased; and advises that the City of Niagara Falls decision must be made by November 25th, 1986. During the lengthy discussion that followed, the Deputy Recreation Director reviewed actions taken by City Staff to accommodate the grie Cardinals at Oakes Park, and proposed costs as well as alternative arrangements for the teams currently using the Park. Mr. C. Chataway, Director of Economic Development, Economic Development Agency, discussed the possibility of the corporate sector providing some finan- cial assistance, however, he suggested that it would be somewhat premature to request a ma~or contribution from that sector prior to Council's request for such information. ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that Btaff be dirsctmd to cease negotiations with the Erie Cardinals Baseball Club, and further thst the Mariners, G.N.B.A., and Ladies Auxiliary of the G.N.B.A., be allowed to ~ontinue using Oakes Park. The motion Carried with the following vote: .... AYE: Aldermen Baker, Campbell, Cheesman, Cummings, Hinsperger, Hopkins, Janvary, Orr, Pay, and Puttick. NAYE: Aldermen Coville, and Harrington. Following further discussion, it was moved by Alderman Cheesman, seconded by Alderman Cummings, that the report and communication be received and filed. It was further recommended that Staff be directed to negotiate with the Mariners for a long term agreement; and further, that the Ladies Auxiliary of the G.N.B.A. be contacted regarding the terms of their agreement. PARKING ON SOUTH SIDE OF CULP STREET FROM DAWLISM AVENUE TO PINE GROVE AVENUE - Report,No. }42,- Nunicipal Parking & Traffic Committee - Re: MW-86-147, Parking on South'Side 'of Culp Street from Dawlish Avenue to Pine Grove Avenue. The report recommends the following: 1) That the parking zone in front of number 6140 Culp Street remain in place; 2) That a parking zone be established on the south side of Culp Street from a point 10 meters west of the westerly side of the road on Pine Grove Avenue to a point 38 meters west of this road; 3) That the parking restriction on Dawlish Avenue from Culp Street to Delaware Street remain unchanged. The City Clerk advised that the interested parties had been notified during the past week, and were not in attendance at the meeting. In response to questions raised, the Director of Municipal Works stated that it is the usual practise to contact all the residents in the area when a change in parking is being considered. ORDERED on the motion of Alderman Orr, seconded by Alderman Coyills, that the report be received and adopted. Carried Unanimously. CANADIAN TRANSPORT COMiISSION - MONTROSK ROAD CROSSING - Communication No. 366 - Canadian Transport Commission - Re: Crossing - Montrose Road (Regional Road No. 98). The communication responds to a request from the City of Niagara Falls with respect to reducing the speed limit of trains within the City; states that the matter will be investigated and the City and Railway advised of the findings. ORDERED on the motion of Alderman Pay, seconded by Alderman Harrington, that the communication be received and filed. Carried Unanimously. WELCOME Mrs CecllAmadlo - Ilia Worship Mayor Smeaton welcomed to the Council meeting, Mr. Cecil Amadto, former Plumbing Inspector for the City of Niagara Falls· COMMUNICATIONS No. 367 - Niagara hlls, Canada, Visitor & Convention Bureau - Re: Installation of Traffic Lights. The communication requests the installation of traffic lights at the intersection of Ferry Street, Ellen Avenue and Clark Avenue. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be referred to the Regional Municipality of Niagara for consideration· Carried Unanimously. -3- No. 368 - City of St. Catharines - Re: Municipal Conflict of Interest Act. The communication requests support of a resolution asking the Minister of Municipal Affairs to review the Act. ORDERED on the motion of Alderman Puttick, seconded by Alderman Baker, that the communication be received and filed. TIle motion Carrie______/dwith the following vote: AYE: Aldermen Baker, Chessman, Coville, Cummings, Harrington Janvary, Pay, and Puttick. , NAYE: Aldermen Campbell, Hinsperger, Hopkins, and Orr. No. 369 - City of Sarnia - Re: Income Tax Act. The communication requests support of a resolution to amend the Income Tax Act regarding the subtraction of the exempt allowance. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the communication be received and filed. The motion Carrfe_____~dwith the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Coviile, Cummings, Harrington Hinsperger, Hopkins, Janvary, Pay, and Puttick. ' NAYE: Alderman Orr. No. 370 - city of Burlington - Re: Household Grants. The communication requests Council's support of a resolution asking the Minister of Municipal Affairs to eliminate the inequity in the distribution of the Household Grants so that lower tier Municipalities are no longer excluded from the grant. ORDERED on the motion of Alderman Coville, seconded by Alderman Harrington, that the resolution be endorsed. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Chessman, Coville, Cummings, Harrington, Hopkins, Orr, and Puttick. NAYE: Aldermen Hinsperger, Janvary, and Pay. No. 371 - City of Brampton - Re: Government Grants for New Capital Projects. The communication requests the support of Council regarding a resolu- tion to petition the Ontario Government for an increase in grant funds for new and conservation capital projects. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the resolution be endorsed. The motion Carried with the following vote: AYE: Mayor Smeaton and Aldermen Campbell, Coyills, Cummings, Harrington, Hinsperger, and Pay. NAYE: Aldermen Baker, Chessman, Hopkins, Janvary, Orr, and Puttick. No. 372 -A~soclation of Municipalities of Ontario (AMO) - Re: Pay equity in Municipalities under Bill 105 as amended. The communication refers to the recent amendment to Bill 105 to cover the broader public sector, i.e., municipalitiess school boards, hospitals, universities, and colleges; advises that Bill 105 will not work in municipalities, and urges Council to pass a resolution that pay equity should be under separate legislation for municipal- ities, and to have this resolution forwarded to the Premier and local members of the Legislature. ORDERED on the motion of Alderman Pay, seconded by Alderman Baker, that the resolution be endorsed. Carried Unanimously. No. 373 - ]fain and Ferry Business Association- Peach Festival Grant. The communication makes application for the Association's 1987 Peach Festival grant in the amount of $3,500.00. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the communication be referred to the Finance Committee. Carried Unanimously. .. .i -4- REPORTS No. 543 - Chief Administrative Officer - Re: B-86-67, The Building & Inspections Department Report for October 1986. The report provides information regarding Permits Issued and Highlights for October 1986, as well as November Proposals. A lengthy discussion followed regarding increased permits and on site inspections. His Worship Mayor Smeaton advised that the matter would be reviewed by the Chief Administrative Officer and a report submitted. ORDERED on the motion of Alderman Pay, seconded by Alderman Coville, that the report be received and filed. Carried Unanimously. No. 544 - Chief Administrative Officer - Re: B-86-68, Site Plan Approval, Proposed 54 Unit 3 Storey Hotel, 5980 Buchanan Avenue. The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed hotel building, and the site plan being drawing number 1, and filed with the Buildings & Inspections Department of the City of Niagara Falls on November 4th, 1986, and that such approval be subject to the conditions included in the report. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No. 545 - Chief Administrative Officer - Re: B-86-69, Site Plan Approval, Proposed 52 Unit Addition to Days Inn, 4029 River Road. The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed hotel building, and the site plan being drawing number A-1 dated November 7th, 1986, and filed with the Buildings & Inspections Department of the City of Niagara Falls on November 13th, 1986, and that such approval be subject to the conditions outlined in the report. Alderman Hopkins declared a conflict of interest because the applicant is a client of a member of his family. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No. 546 - Chief Administrative Officer - Re: B-86-70, Site Plan Approval, Proposed 45 Unit Motel Addition, 4009 River Road. The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed hotel addition, and the site plan being drawing number A-1 dated November 6th, 1986, and the site grading and services plan being drawing number SS-1 dated November 1986, and filed with the Buildings & Inspections Department of the City of Niagara Falls on November 13th, 1986, and that such approval be subject to the conditions included in the report. Alderman Hopkins declared a conflict of interest because the applicant is a client of a member of his family. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 547 - Chief Administrative Officer - Re: B-86-71, Site Plan Approval, Proposed 66 Unit 4 Storey Hotel, Victoria Avenue, (east side, south of River Road). The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed hotel building, and the site plan being drawing number 1 dated November 5th, 1986, and filed with the Buildings & Inspections Department of the City of Niagara Falls on November 13th, 1986, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Pay, seconded by Alderman Coyills, that the report be received and adopted. Carried Unanimously. No. 548 -'Chief Administrativm Officer - Re= B-86-72, Appointment By-law 83-148. The report recommends that City Council approve the by-law appearing on tonight~s ngenda, which confirms the spaointment of two existing Building Inspectors in the Buildings & Inspections Department, - 5 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Hlnsperger, that the report be received and adopted. Carried Unanfmously__t. See By-law No. 86-235. No. 549 - Chief Administrative Officer - Re: MW-86-151, By-laws Establish Street Widening Strips as Public Highways. The report to recommends that Council pass the two by-laws appearing on the agenda to establish certain lands as public highways. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the report be received and adopted. Cjrried Unanimously. See By-law No. 86-238 and By-law No. 86-239. No. 550 - Municipal Works Committee - Re: MW-86-153, Municipal Equipment. The report recommends that the attached advisory report be received and filed for information. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No, 551 - Municipal Works Committee - Re: MW-86-154, Committee Reports. The report recommends the following: 1) MW-86-130, Garner Road - Road Repairs - It is recommended that funds be considered for inclusion in the 1987 Operating Budget to allow additional surface shaping and the seal coating of Garner Road between Lundy's Lane and McLeod Road. 2) NW-86-139, Dorchester Road - Road Settlements - It is recommended that this report be received and filed. 3) MW-86-140, (1) Brush-cutting; (2) ~ueen Street Containers; (3) Street Lights in Rural Areas; (4) Use of Flushers; (5) Haulage of Sludge - It is recommended that this report be received and filed. 4) MW'86'149s Landfill Site - Containment Well System, Closure Plan, and Landfilling Restrictions - Tipping Fees - It is recommended that this report be received and filed. ORDERED on the motion of Alderman Coville, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Alderman Herrington voting contrary on Item 4) Tipping Fees; and all others voting in layout. No. 552 - Chief Administrative Officer - Re: MW-86-155, 1986 Capital Budget Projects: Sanitary Sewermain on Palmer Avenue (Jepson Street to Newman Hill); Watermain on O'Neil Street (Dorchester Road to St. Paul Street); and Watermain on River Road (Bridge Street to Buttrey Street). The report recommends that the by-laws appearing on tonight's agenda be passed by Council. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried UnanimOusly. See By-law No. 86-236, and .By-law No. 86-237. No. 5J3 - Chief Administrative Officer - Re: F-86-18, Rating By-law for Debenture Charges. The report recommends that Council pass the by-law appearing on this eveninS's agenda that will provide for the levying of rates to pay the principal and interest charges on the $625,000.00 debenture issue dated September 15, 1986. ORDERED on the motion of Alderman Cummings, seconded bF Alderman Pay, that the report be received and adopted, Carried Unanimously. See By-law No. 86-234. 6 NO. 554 - FinanCe Comadttee - Re: Advertisement Request - Niagara Falls Review. The report was unavailable for distribution. The Chief Administrative Officer suggested that if there was no duplication, that the Review should proceed, and a report would be submitted at the next meeting of Council. ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the report be tabled for additional information. Carried Unanimously. No. 555 - Chief Administrative Officer - Re: F-86-19, Municipal Accounts. The report recommends that the accounts totalling $3,569,367.91 for the period ending November 17, 1986 be approved by the passing of the by-law appearing later on the agenda. Alderman Herrington declared a conflict of interest on Cheque No. 20307 because he is involved. Alderman Hinsperger declared a conflict of interest on Cheque Nos. 20298, and 20425 because he is employed with the company. Additional information was provided on Cheque Nos. 20335, and 20413. ORDERED on the motion of Alderman Harrington, seconded by Alderman Baker, that the report be received and adopted. The motion Carried with Aldermen Harrington and Hlnsperger abstaining from the vote on Cheque Nos. 20307, 10198 and 10425 consecutively, on conflicts of interest previously recorded; and with all others voting in favour. No. 556 - Chief Adainistrative Officer - Re: CD-86-22, Adult Entertainment Parlours. The report recommends that the by-law appearing later on the agenda, to define the areas in which adult entertainment parlouts may operate, be passed. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 86-240. No. 557 - Chief Administrative Officer - Re: CD-86-23, Designation of the Lyon's Creek United Church under the Provisions of the Ontario Heritage Act. The report recommends that the by-law appearing on this Agenda, to designate the Lyon's Creek United Church as an architecturally and historicall~ significant property under the provisions of the Ontario Heritage Act, be passed. ORDERED on the motion of Alderman Coville, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimously. See By-law No. 86-241. RESOLUTION No. 97 - CDI~IES - HINSPER~ER - RESOLVED that the Program of Proposed Supplementary Expenditures for Highway Improvements for the year 1986, dated November 17, 1986, be adopted as presented in the total estimated amount of $9,200.00, with an estimated subsidy of $4,600.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that leave be granted to introduce the following by-laws, andsthe by-laws be read a first time: No, 86-234.- A by-law to provide fo~ the levy of rates to pay the principal and interest on debentures of The Regional Municipality of Niagara and the principal amount of,$625,000.00 issued for the purposes of The Corporation of the City of Niagara Falls. 86-235 - A by-law to amend By-law No. 83-148, being a by-law to provide for the appointment of municipal officials. - 7 - No, 86-236 - A by-law to authorize the installation of watermains as improvements to the water supply system in the Urban Service Areas of the City. No. 86-237 - A by-law to authorize the construction of a sanitary sewermain as an improvement and extension to the sewage system in the Urban Service Areas of the City. No. 86-238 - A by-law to establish certain lands as public highways. No. 86-239 - A by-law to establish certain lands as public highways. No. 86-240 - A by-law to define the areas in the City of Niagara Falls in which adult entertainment parlours may operate. No. 86-241 - A by-law to designate the "Lyons Creek United Church of Canada" at Schisler Road of architectural value and historic interest. No. 86-242 - A by-law to provide monies for general Purposes. The motion Carried with Aldermen Harrington and Hinsperger abstaining from the vote on BY'la?o. 86-242, on conflicts of interest Previously recorded in Report No. 555; and with all others voting in favour. 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. 86-234 - 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 $625,000.00 issued for the purposes of The Corporation of the City of Niagara Falls. NO. 86-235 - A by-law to amend By-law No. 83-148, being a by-law to provide for the appointment of municipal officials. No. 86-236 - A by-law to authorize the installation of watermains as improvements to the water supply system in the Urban Service Areas of the City. No. 86-237 - A by-law to authorize the construction of a sanitary sewermain as an improvement and extension to the sewage system in the Urban Service Areas of the City. No. 86-238 - A by-law to establish certain lands as public highways. No. 86-239 - A by-law to establish certain lands as public highways. NO, 86-240 -'A by-law to define the areas in the City of Niagara Falls in which adult entertainment parlouts may operate. No. 86-241 - A by-law to designate the "Lyons Creek United Church of Canada" at Schisler Road of architectural value and historic interest. No. 86-242 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Harrington and Hinsperger abstaining from the vote on BY-la'~o. 86-242 on conflicts of interest previously ~ecorded; and with all others voting in favour. ITEMS OF CONCERN: NEW BUSINESS Po~erOutage - G.N.G,H, - Alderman Cheesman referred to the power outage at the Greater Niagara Gencr~l Hospital last week, and to actions taken by the hospital and the Fire Department during this emergency. -8- Message of Condolence - M~e. Molly Startyet - ORDERED on the motion of Alderman theesmart, seconded by Alderman Cummings, that a message of condolence be forwarded to the family of the late Mrs. Molly Stanyer. Carried Unanimously. Appointment - Niagara College Board - Alderman Cheesman referred to the upcoming appointment to Niagara College Board of Governors and suggested that the appointment be made on the hasis of majority, and not plurality. WIlloughby HIstorical Museum- Alderman HopKins discussed the anticipated request for funding through the City, by the Museum in 1987, and his contacts with Mr. Mac Cushing of ~he Niagara Parks Commission in order that a long term lease might be secured between the N.P.C. and the City of Niagara Palls, for the Willoughby Historical Museum- ORDERED on the motion of Alderman Hopkins, seconded by Alderman Coville, that approval be granted to approach the Niagara Parks Commission for a long term lease for the Willoughby Historical Museum. Carried Unanimously. Property - 4936 Wlllmott Street - Alderman Puttick referred to a matter which was approved in Committee of the Whole. He stated that the proposed purchaser tea fellow worker. Alderman Puttick further stated that he does not have a conflict of interest. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hinsperger, that the property at 4936 Willmort Street be 8old to the proposed purchaser for $1,500.00 plus eurvey and appraisal costs. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Cummings, Marrington, Hinsperger, Janvary, and Puttick. NAYE: Aldermen Coyills, Hopklns, err, and Pay. Front Door gatraaceway - City Hall - Alderman Puttick discussed the proposal for a "wind stop" entranceway at the front door of City Hall which had been previously approved by Council, and questioned why action had not been taken in this matter. The Chief Administrative Officer advised that the matter would be investig~ted. Congratulations - Nr. Conrad Harry Eldt, Director of Engineering, Regional ~,,n~ClValtty of Niagara - ORDERED on the motion of Alderman Puttick, seconded by Alderman Pay, that a letter of congratulations be forwarded to Mr. Con Eidt, who was recently awarded a fellowship to the Canadian Society of Civil Engineering. Carried Unanimously. ITEMS OF INTEREST: Congratmlations - Alderman & Mes, Fay - ORDERED on the motion of Alderman Chessman, seconded by Alderman Harrington,' that congratulations be extended to Alderman Jim and Mrs. Jean Pay who are celebrating their 35th Wedding Anniversary today. Carried Unanimously. Social Planning Council - Joint Meeting- Alderman Cummings referred to the upcoming meetinS of the Social Planning Council on Wednesday, November 19th, 1986 at the Community Resources Bullding~ at 5|00 p.m. and encouraged all members of Council to attend. Appreciation - ' ' ' ' Alderman CUmmings discussed the reception of Rick Hansen at City Hall on Friday, November 14th, 1986, and attributed its ~eat success to Hayor Smeatcn~s office, Alderman Janvary, and her Committee, ' -9- His Worship Mayor Smeaton commended Alderman Janvary and her Committee, and in particular, John Himes, for their efforts towards the successful reception for Rick Hanson. He discussed the generosity of the donations received for Spinal Cord Research. Alderman Janvary expressed appreciation to everyone who donated time and funds to support the cause of Spinal Cord Research. Alderman Janvary referred to the Remembrance Day service which had been organized by City Staff. Mayor Smeaton expressed appreciation to the Deputy Clerk. His Worship Mayor Smeaton discussed the success of the Employees APpreciation Night which had taken place on November Idth, 1986. ORDERED on the motion of Alderman Janvary, seconded by Alderman Puttick that letters of appreciation be forwarded to members of the Committees, and City Staff for their efforts in contributing to the success of the three above mentioned events. Carried Unanimously. Its. Pamela Verrtll Walker, Chairman, Niagara Parks Commission - His Worship Mayor Smeaton referred to the handout copies of communications from the N.P.C., and his response to Ms. Walker, regarding the roadway changes in the Clifton Hill area, initiated by the N.P.C. It was moved by Alderman Cummings, seconded by Alderman Coville, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, FORTY-SEVENTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 November 24, 1986 Council met on Monday, November 24th, 1986 at 7:00 p-m. in Committee of the Whole. All members of Council, with the exception of Aldermen Campbell, Coville and err, were present. Alderman Cummings presided as Chairman. Following consideration of the its the Committee of the Whole arose without reporting. READ AND PTED, NN~N, C)~Y"CLERK S. SMEATON Council Chambers November 24, 1986 Council met on Monday, November 24th, 1986 at 7:30 p.m. for the purpose of considering general business. All members of Council, with the exception of Aldermen Campbell, Coville and Orr, were present. His Worship Mayor Smeaton presided as Chairman, and offered the Opening Prayer. ADOPTION OF MINUTES Alderman Hopkins asked that the minutes of the meeting held November 17th, 1986 be amended, under Communication No. 370, to indicate that he had voted in favour of the motion. ORDERED on the motion of Alderman Pay, seconded by Alderman Harrington, that the minutes of the meeting dated November 17th, 1986, be adopted as amended. Carried Unanimously. DEPUTATION LINDAHAMILTON - NIACARAREHAB- Co~unication No. 374 - Niagara Peninsula Rehabilitation Centre - Re: Campaign. The communication advises that Linda Hamilton of Niagara Rehab wishes to make a presentation to Council on November 24, 1986. Ms. Hamilton, an amputee and recent graduate of Niagara Rehab, addressed Council regarding her recent experiences with the Centre; discussed the necess- ity of raising $1.5 million in the current campaign for funds; and sold chocolate bars to members of Council and Staff as a fund-raising activity. COMMUNICATIONS No, 375 - XV Olyapic Winter Games 0rganimin~ Committee - Re: Olympic Torch Relay. The communication advises that the Olympic Torch Relay will take place November 17th, 1987 to February tSths 1988, and will pass through Niagara Falls, and further~ that additional information will be forthcoming. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be received and filed. Carried Unanimously. No, 376 - Ninistry of the Solicitor General - Re: Safety Memorandum No. 21. The communication provides information from the Ministry of Education regarding Severe Weather Warning Guidelines. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously.:.. No, 377 -Hike Breaugh, 14~P Oshawa - Re: Bill 16, an Act to Amend the Municipal Act, The communication requests comments on improvement and clarifi- ca~lon on principles in Bill -2- ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be referred to A.M.O. Carried Unanimously. No. 378 - Canadian Transport Cosmission - Re: Crossing, Niagara Regional Road No. 51 (Lundy's Lane). The communication discusses concerns regarding the whistling of trains, as well as safety at the above crossing, and suggests resolutions to the problems. ORDERED on the motion of Alderman Pay, seconded by Alderman Baker, that the communication be received and filed. Carried Unanimously. No, 379 - Regional Niagara Office of the Clerk - Re: Appointments to the Niagara Peninsula Conservation Authority. The communication requests names of nominees'for appointment. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be referred to Staff, Carried Unanimously. REPORTS No. 558 - Chief Administrative Officer - Re: CD-86-26, Closing & Sale of Part of Unopened Road Allowance - Dancevic. The report recommends that the by-law appearing on tonight's ageads to authorize the closing of part of the unopened road allowance between Lot 9 and Gore Lot 12, north of Warner Road, and the conveyance thereof, be passed. ORDERED on the motion of Alderman Pay, seconded by Alderman Rinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 86-246. No, 559 - Chief Ad~nistrative Officer - Re: MW-86-156, Lease Agreement with Ministry of Transportation and Communications. The report recommends that the by-law appearing later on the Ageads, authorizing a Lease Agreement with the Ministry of Transportation and Communications be passed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. See By-law No. 86-243. No. 560 - Finance Committee - Re: F-86-20, Finance Committee Reports. The report recommends that the following be endorsed: 1) Nine month Statement of Eeveuue 6 Expenditure - - It is recommended that the Nine Month Statement of Revenue & Expenditure be received and filed; 2) AdRequest - Niagara Falls gevie~- - It is recommended that a one-third page advertisement in the Niagara Falls Review Special Festival of Lights tabloid be purchased at a cost of $360.00 provided the advertisement not be a duplication of the efforts of the Visitor and Convention Bureau. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No, 561 - Chief Administrative Officer - Re: F-86-21, Municipal Accounts, The report recommends that the accounts totalling $4,008,346.93 for the period ending November 24th, 1986 be approved by the passing ofithe by-law appearing later on the agenda. Alderman Cummings declared a conflict of interest on Cheque No. 20512, because a member of his family is involved in the program. ., -3- Additional information was provided on Cheque Nos. 20450, 20500, and 20565. ORDERED on the motion of Alderman Herrington, seconded by Alderman Baker, that the report be received and adopted. The motion Carried with Alderman Cummings abstaining from the vote on Cheque No. 10512, on a conf"~lict of interest previously recorded; and with all others voting in favour. No, 562 - Chief Administrative Officer - Re: CD-86-24, Council Meetings - Holiday Season. The report recommends that the Council meeting for Monday, December 29th, 1986, be cancelled. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and filed. Carried Unanimously. No. 563 - Chief Administrative Officer - Re: S-86-24, Sanitary Sewer on Thompson Road and Agreements respecting Proposed Reductions in Certain Special Assessments. The report recommends that Council pass the by-law on tonight's agenda to authorize the execution of agreements with Edward J. Robertson and Marilyn Robertson, Roland J. Bilon and Christins J. Bilon, Huguette Marie Carrie and Luigi Carmen Bertone and Josephine Bertone. Alderman Baker discussed his concern that Mr. Bertone be treated in a similar manner to residents on the north side of the road. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Pay, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Cheesman, Cummings, Hinsperger, Hopkins, Pay, and Puttick. NAYE: Aldermen Baker, Harrington, and Janvary. Se_ee By-law No. 86-244. RESOLUTION No, 98 - CUMMINGS - HINSPERGER - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby petitions for luterim Payment under the Public Transportation and Highway Improvement Act on expenditures made in the year 1986 in the amount of $3,699,955.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No, 86-243 -.A by-law to authorize the execution of an agreement with Her Majesty the Queen in Right of the Province of Ontario as represent- ed by the Minister of Transportation and Communications. NO, 86-244 No, 86-245 - A by-law to authorize the execution of agreements respecting a sanitary sewer on Thompson Road. - A by-law to authorize a subdivision agreement with J. B. Kendall Homes Ltd. et al respecting the proposed King's View Estates Subdivision. No. 86-246 - A by-law to authorize the stopping up, closing and sale of the ro~d allowance between Lot 9 and Gore Lot 12, designated as Part 9 on Plan 59T-4249 for the former Township of Stamford, now in the City of Niagara Falls. No, 86-247 - A by-law to authorize an agreement with Pinewood Homes (Niagara) Inc. No, 86-248 - A by-law to provide monies for general purposes. The motion Carried with Alderman Cummings abstaining from the vote on By-law No. 86-248 on a conflict of interest previously recorded in Report No. 561; and with all others voting in favour. -4- 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. 86-243 - A by-law to authorize the execution of an agreement with Her Majesty the Queen in Right of the Province of Ontario as represent- ed by the Minister of Transportation and Communications. No. 86-244 - A by-law to authorize the execution of agreements respecting a sanitary sewer on Thompson Road. No. 86-245 - A by-law to authorize a subdivision agreement with J. B. Kendall Homes Ltd. et al respecting the proposed King's View Estates Subdivision. No. 86-246 - A by-law to authorize the stopping up, closing and sale of the road allowance between Lot 9 and Gore Lot 12, designated as Part 9 on Plan 59T-4249 for the former Township of Stamford, now in the City of Niagara Falls. No. 86-247 - A by-law to authorize an agreement with Pinewood Homes (Niagara) Inc. No. 86-248 - A by-law to provide monies for general purposes. The motion Carried with Alderman Cummings abstaining from the vote on By-law No. 86-248 on a conflict of interest previously recorded; and with all others voting in favour. NEW BUSINESS ITEMS OF CONCERN: Ylre Lanes - Local Plaza8 - Alderman Cummings referred to his request at a previous meeting of City Council respecting illegal parking in fire lanes at local plazas. He stated that he had recently visited Niagara Square and had noticed a number of infractions of the by-law prohibiting parking in fire lanes. Alderman Cummings further stated that Security Guards at the Square had indicated their willingness to act as by-law enforcement officers in this respect, and issue tickets, if authorized to do so. He asked the Chief Administrative Officer to investigate the matFer since this solution to the problem had been considered, and rejected a few years ago. Hockey Hall of Fase - Alderman Puttick discussed the possible relocatton of the Hockey Hall of Fame in the City of Niagara Falls, and the benefits of this facility to the community. The Chief Administrative Officer referred to the results of his contact wlth Mr. "Scotty" Morrtson in this regard. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that Staff be a~thorized to pursue the possibility of establishing the* Hockey Hall of Fame in the City of Niagara Falls, with particular emphasis on priorities and the financial aspect. Carried Unanimously. · Available City Lands - Alderman Pay referred to his former discussion regarding the purchase of available City lands by developers, and the possibility of a Joint meeting between Staff and Developers for consideration of this matter. His Worshlp Hayor 8m~aton advised that Staff would be agreeable to such a meeting. ' Intersection - SacDonaldAvenue/Robert Street - Alderman Pay discussed his investigation of a serious accident at the above mentioned intersection; his contact with a Crossin8 Guard who had expressed her concern that school children do not have time to cross Robert Street with the signal at the intersection. His Worship Mayor Smeaton advised that the Ministry of Transportation and Communications would be contacted and ~sked to submit a report regarding the signal at the subject location, -5- Nr8. E~ua Bears8 - G*N,G.H, - Alderman Cummings advised that Mrs. Emma Bears had been admitted to the Greater Niagara General Hospital, and advised that her son had suggested that visits from Council and Staff members would be welcomed. Second Sewage Plant - Chippaws - Alderman Herrington initiated a discussion regarding the possibility of a second sewage plant being constructed in the Chippaws area in the future. The Director of Municipal Works advised that the Regional Municipality of Niagara was invest- igating a second possible treatment plant south of the Welland River, and further, that funds are being set aside for lands to be available for 1990. ITEMS OF INTEREST: Shredder - Alderman Cheesman requested that the Director of Municipal Works look into the possibility of using a new type "shredder" in order to extend the life of tbe landfill site. Jobs & Environment Conference - Alderman Herrington discussed his recent attendance at a Jobs and Environment Conference, and advised that he would submit a report on the conference at the next meeting of Council. Joint Meeting of Councils - Niagara Falls, N.Y., and Ontario - Alderman Herrington referred to the Joint Meeting of the two City Councils scheduled for tomorrow evening, and indicated an interest to be included fn the proposed Task Force to consider the Niagara River Environment, if meetings could be arranged during evening hours. Spinal Cord Research Fund - Alderman Janvary advised that the Rick Hensen Spinal Cord Research Fund now totalled $65,355.45 from this area. It was moved by Alderman Puttick, seconded by Alderman Hinsperger, that the meeting adjourn. Carried Unanimously. READ AND ADOpTE~E~D, ~~CLERK .I ' FORTY-EIGHTH MEETING COmmITTEE OF THE WHOLE Committee Room #1 December 1, 1986 Council met on Monday, December 1st, 1986 at 7:15 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Cummings, were present. Alderman Hinsperger presided as Chairman. Following consideration of thek~a~resented the Committee of the Whole arose without reporting. ~k ~ ' Conncil Chambers December 1, 1986 Council met on Monday, December 1st, 1986 at 7:30 p.m. for the purpose of considering general business. All members of Council, with the exception of Alderman Cummings, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Orr offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pay, seconded by Alderman Hlnsperger, that the minutes of the meeting dated November 24th, 1986, he adopted as printed. Carried Unanimously. PRESENTATIONS FR~DOI~ OF THE CITY - 10TH BATTERY, 56Tlt FIELD RKCIMKNT, R.C.A. - His Worship Mayor Smeaton presented Lt. Colonel V. KozieJ, C.D.; Battery Commander Major B. McDonnell, C.D.; and Captain Gareth Green, C.D.; of the 10th Battery, 56th Field Regiment, Royal Canadian Artillery, with a Freedom of the City Scroll. He reviewed a brief precis on the distinguished historical background of the Regiment, and expressed appreciation to the Regiment on behalf of the community. Major McDonnell presented a gold coated shell case to His Worship Mayor Smeaton, on behalf of the 56th Field Regiment, and expressed appreciation of Mayor Smeaton~e consideration on the occasion of the Regimentis 125th Anniversary on October llth, 1986. PRHSKNTATIONS TO THK CITY OF NIAGARA FALLS - Silver Records - His Worship Mayor Smeaton displayed two framed silver records which represented the sale of 200,000 record albums, and had been presented to the community by The Honeymoon Suite, one of Canada's premier music groups, He advised that The Honeymoon Suite had recently been honoured to receive the Juno Awards in Toronto. Mayor Smeaton stated that the presentation would be suitably placed in City Hall for public view. DLgltslKsp - City of Niagara Falls - His Worship Mayor Smeaton further displayed a large framed digital map which had been presented to the City by the Monourable ~ince Kerrio, Minister of Natural Resources. He reviewed the background of 82 topical map sheets which had been prepared under the Ontario Basic Mapping Program, and advised that the digital maps would be placed in City Hall for public perusal. -2- COMMUNICATIONS No. 380 - Niagara Falls Economic Development Agency - Re: Economic Development Services for the Niagara Region Report. The communication attaches a copy of the report prepared by the Industrial Developers Committee, and requests comments. ORDERED on the motion of Alderman Pay, seconded by Alderman Cheesman, that the communication be received and filed. Carried Unanimously. No. 381 - Caaadian Transport Commission - Re: Crossing Dorchester Road. The communication advises that the installation of signals is warranted, and that upon receipt of the railway's estimate, the City will be asked to advise whether .is wil~.:.a~.s.u~l'_e 1~ 1/2% of installation costs, and 50% of future signal maintenance. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the communication be received and filed. Carried Unanimously. No. 382 - City of Toronto - Re: Daylight Saving Time. The communication requests support of a Private Member's Bill No. 58 to amend the Time Act- ORDERED on the motion of Alderman Chessman, seconded by Alderman Herrington, that the City of Niagara Falls indicate its support for Daylight Saving Time commencing on the first Sunday of April and ending on the last Sunday in October. Carried Unanimously. No. 383 - The Pollution Probe Foundation - Re: International Symposium - Greening the City. The communication invites participation in the Symposium scheduled for February lath to 20th, 1987, at North York, and requests a grant of $250.00 to $1,000.00. During the discussion, the Planning Director advised that the Planner II would be attending the Symposium. ORDERED on the motion of Alderman Puttlck, seconded by Alderman Pay, that the communication be received and filed. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Htnsperger, err, Pay, and Puttick. NAYE: Aldermen Coville, Harrington, Hopkins, and Janvary. No. 384 - Greater Niagara Big Brothers Association Inc. - Re: Bingo Fees. The communication asks Councilws reconsideretinn with respect to increased liceace fees. Alderman Hinsperger declared a conflict of interest because he is a member of an organization which conducts hinges. During the discussion, Staff was requested to forward a letter of explanation to the Greater Niagara Big Brothers Association Inc. ORDERED on the motion of Alderman Coville, seconded by Alderman Baker, that the communication be received and filed. The motion Carried with Aldermen Hinsperger abstaining from the vote on a conflict' of interest previously recorded, and all others voting in layout. No. 385 - l~xe Canadian Red Cross Society, Greater Niagara Branch - Re: Blood Donor Clinic, The communication asks the City to sponsor the first' Clinic of 1987 to be known as "Mayor's Clinic". ORDERED on the motion of Alderman Baker, seconded by Alderman Herrington, that the Blood Donor Clinic on February 17, 1987 be known as the Mayor's Clinic and urging public participation. Carried Unanimously. No. 386 - Canada Safety Council - Re: "National Safe Driving Week". The communication requests support and participation for "National Safe Driving Week" scheduled for December let to 7th, 1986. ORDERED on the motion of Alderman Campbell, seconded by Alderman Chessman, that the communication be received and filed. Carried Unanimously. -3- REPORTS 564 - Chief Administrative Officer - Re: B-86-73, Site Plan Approval, Proposed Sub Shop, Lundy's Lane & Highland Avenue (north east 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 3 dated July 15th, 1985, as revised and filed with the Buildings and Inspections Department of the City of Niagara Falls on November 27th, 1986, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimouslyt 565 - Chief Administrative Officer - Re: B-86-75, Legal Office Renovations. The report recommends that City Council approve the expenditure of approximately $26,000.00 to carry out alterations to enlarge the Solicitor's office. A discussion followed, with some Council members expressing concern with respect to the increased cost of the proposed renovations. The Director of Buildings and Inspections explained the decision of Staff to act as a general contractor, and to subcontract the work in order to cut down on expenses. He discussed the increase in cost, caused by the current increase in construction, as well as supply and demand. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr~ that the matter be referred to the Municipal Works Committee. The motion was Defeated with the following vote: . AYE: Aldermen Campbell, Orr, and Puttick. NAYE: Aldermen Baker, Chessman, Coville, Herrington, Hinsperger, Hopkins, Janvary, and Pay. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with the following vote: -- AYE: Aldermen Baker, Campbell, Cheesman, novills, Harrington, Hinsperger, Hopkins, Janvary and Pay. NAYE: Aldermen err, and Puttick. No. 566 - Chief Administrative Officer - Re: CD-86-27, Proposed Plan of Subdivision - "Harovics Subdivision", File No. 26T-86023; Owner: River Realty Development (1976) Inc. The report recommends that tile City Clerk be authorized to process the application for the "Harovics Subdivision" and that a report be prepared for Council's further consideration of this plan based on technical formation received, public input, etc. Mayor Smeaton advised that this preliminary meeting would allow interested residents to express any concerns with respect to the proposed development. It was noted that this was an informal meeting, and not a requirement under the Plannlng Act. Mr. Frank A. Branscombe, President of River Realty Development (1976) Inc., 'indicated his presence at the meeting, to respond to questions raised. His Worship Mayor Smeaton received a negative response to his request for comments from persons interested in the proposal. ORDERED on the motion of Alderman err, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 567 - Chief Ad~nistrstive Officer - Re: CD-86-28, Proposed Plan of Subdivision - "Hillsdale Estates Subdivision", File No. 26T-86027; Owner: Group 2 Development Limited. The report recommends that the City Clerk be authorized to process the application for the "Hillsdale Estates Subdivision" and that a report be prepared for Council's further consideration of. this plan based on technical information received, public Input, etc. -4- - AND - Co~e~nication No. 387 -Hr. &Brso Tony Iseppon - Re: Proposed Hillsdale Estates Subdivision. The communication expresses strong opposition to the proposal because of the 50' wide lots, quality of houses, attraction of undesir- able people to townhousing developments and the surrounding neighbonrhood, decreased property values, inadequacy of the present pumping station, and requests a revision of the plans in order that the townhouses might be constructed in the rear. Mrs. Tony Iseppon, 8050 Thorold Stone Road; Mr. Peter ZuJ, Beechwood Road; Miss Jean Grandoni, 4810 Garner Road; and Mr. Paul H. Hallmann, 6923 Waterloo Drive discussed concerns with respect to townhousing standards; water pressure problems; harming along Thorold Stone Road; ponds in the area which have filled with silt and become marshlike, affecting wildlife habitation; storm drainage with run-oils to Shriner's Creek; flood controls; Shriner's Creek Study guidelines being applied throughout the watershed; City acquisition of lands along W-5-1 prior to further development; upstream ponds; the possibility of legislation regarding the installation of sump pumps in every house; preserva- tion of the woodlots; as well as the possibility of a by-law to enforce sufficient control on construction sites. Mr. A-R. Goat, Agent for the Developer, explained the proposed development with the assistance of a posted sketch- He reviewed the available Municipal services and stated that this was part of the Shrtner's Creek drainage basin. Mr. Goat responded to questions raised respecting water runoff in the areat the swale through the property to be handled through piping; safeguards respecting storm water in the subdivision; preservation of the woodlot in the northwest corner; street names; the sise and quality of the proposed townhouses; as well as berming and buffering along Thorold Stone Road. In reply to questions raised, Mr. Goat stated that the cost of the townhouses was unknown, but that the plan was labelled as "prestige"; and further, that prior to the proposal returning to Council, a discussion with the residents of the area was desirable. The Director of Municipal Works replied to questions raised regarding the pumping station, the design criteria related to weeping tile being connected to storm sewers where possible by gravity as opposed to sump pumps, and the Shriner's Creek Study guidelines which were incorporated in the Northwest Secondary Plan, as well as an acquisition of land policy. The Planning Director advised that Staff is presently studying development standards regarding watercourses through the area. Hls Worship Mayor Smeaton suggested that the concerns should be considered specifically at a Municipal Works Committee meeting. He stated that the concerns would be incorporated in a future report with a recommendation. ORDERED on the motion of Alderman Orr, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 568 - Chief Adainistrative Officer - Re: MW-86-162, 1986 Tende~ for Extermination of Rats, Groundhogs, Skunks & Bees. The communication advises that because of a problem with insurance coverage the tender was extended, and will commence upon acceptance and run until March 31, 1987; and recommends that the tender of P.C.O. Services Ltd. in the amount of $1,942.50 for the elimina- tion of rats, groundhogs, skunks, and bees, commencing immediately be accepted. ORDERED ou the motion of Alderman Gorilla, seconded by Alderman Pay~ that the report be received and adopted. Carried Unanimously. See Resolution No. 99. No, 569 - Chief Adsiniatrative Officer - Re: MW-86-163, 1986 Capital Budget Projects - Storm Sewers & Road Reconstruction, The report recommends that the by-laws appearing on touightts ageads be passed by Council. ORDERED on the motion of Alderman Minsperger, seconded by Alderman Fay, that the report be received and adopted. Cartie, Unanimously. See By-law No. 86-249, ' ' and By-law NO. 86-250. - 5 - No, 570 - Chief Administrative Officer - Re: MW-86-165, Closing of Portage Road - Buchanan Avenue to Road Allowance for McLeod Road. The report recommends that the by-law appearing on tonight's agenda for the closing of Portage Road from the west limit of the C.P,R. overpass (near Buchanan Avenue) to the road allowance formerly known as McLeod Road be approved. ORDERED on the motion of Alderman Orr, seconded by Alderman Hlnsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 86-252. No, 5Yl - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $5,883,733.61 for the period ending December 1, 1986 be approved by the passing of the by-law appearing later on the agenda. Alderman Campbell declared a conflict of interest on Cheque No. 20628 because the organization is a client. Aldermen Cheesman and Harrlngton declared conflicts of interest on Cheque No. 20630 because they are employed with the Board. Alderman Hinsperger declared a conflict of interest on Cheque No. 20607 because he is employed with the company. Additional information was provided on Cheque Nos. 20627 and 20696. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Orr, that the report he received and adopted. The motion Carried with Aldermen Campbell, Chessman, Harrington, and Hinsperger abstain~m the vote on Cheque Non. 20628, 20630, and 20607 consecutively~ on conflicts of interest previously recorded; Aldermen Orr, and Puttick voting contrary on Cheque No. 20627; and with all others voting in fayour. Me. 572 - Chief Administrative Officer - Re: CD-86-25, Procedure for Issuance of Municipal Licenoes. The report provides information regardlag the status of the lieonce for the Green Oaken Mobile Home Park; reviews the procedure for issuing Municipal Licenoes; and recommends that the contents of this report be noted and that it be received and filed. ORDERED on the motion of Alderman Baker, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimously. No. 573 - Chief Administrative Officer - Re: CD-86-29, Appointment to Niagara College Board of Governors. The report recommends that Council select three nominees for the appointment of a member to the Niagara College Board of Governors. Alderman Orr declared a conflict of interest because she is employed with Niagara College. It was moved by Alderman Cheesman, seconded by Alderman Herrington, that the following persons be nominated for election: Ken Hesslip, Eli Jonovtch, Mary Anne Seppala, and Michael S. Somerville. The motion Carried with Alderman Orr abstaining from the vote on a conflict of interest pre~recorded, and all ethers voting in favour. Following a ballot vote, it was moved by Alderman Cheesman, seconded by Alderman Pay, that Ken Hesslip, Eli Jonovich, and Mary Anne Seppala be nominated for appointment to the Niagara College Board of Governors. The motion Carried with Alderman Orr abstaining from the vote on a conflict of interest previousl""y recorded, and all others voting in favour. RESOLUTIONS His Worship Mayor Smeaton advised that the resolution to appoint Alderman Baker Acting Mayor had been withdrawn from the ~4~eada because Mayor Smeaton will not be absent as planned. -6- No. 99 - COVILLE - PAY - RESOLVED that the unit prices submitted by P.C.O. Services Ltd. for the elimination of rats, groundbogs, skunks, and bees, be accepted at the low tendered price of $1,942.50; AND the Seai of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Campbell, seconded by Alderman Janvary, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 86-249 - A by-law to authorize the reconstruction of Lewis Avenue from Kitchener Street to Slater Avenue, Forsythe Street from Slater Avenue to Stanley Avenue, and Fourth Avenue from Morrison Street to Valley Way. No. 86-250 - A by-law to authorize the construction of storm sewermai~s as improvements and extensions to the sewage system in the Urban Service Areas of the City. ~o. 85-251 - A by-law to amend By-law No- 3790, being a By-law for the regulation of traffic. (Culp Street). No. 86-252 - A by-law to temporarily close part of Portage Road. 86-253 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell, Cheesman, Harrington, and Hinsperger abstaining from the vote on By-law No. 86-253 on conflicts of interest previous- ly recorded in Report No. 571; Aldermen 0rr, and Puttlck voting contrary on By-law No. 86-253, as recorded previously in Report No- 571; and with all others voting in fayoar. ORDERED on the motion of Alderman Janvary, seconded by Alderman Coville, that the following by-law be now read a second time: NO, 86-249 - A by-law to authorize the reconstruction of Lewis Avenue from Kitchener Street to Slater Avenue, Forsythe Street fro~ Slater Avenue to Stanley Avenue, and Fourth Avenue from Morrison Street to Valley Way. Carried Unanimously. ORDERED on the motion of Alderman Puttick, seconded by Alderman Barrington, that the following by-laws be now read a second and third time: 86-250 ao. 86-25~ - 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. - A by-law to amend By-law No. 3790, being a By-law for the regulation of Traffic. No. 86-252 - A by-law to temporarily close part of Portage Road. No. 86-253 - A by-law to provide monies for general purposes. The motion ,Carried with Aldermen Campbell, Chessman, Harrington, and Hinsperger abstaining from the vote on By-law No. 86-253 on conflicts of interest previous- ly recorded; Aldermen Orr, and Patrick votin~ contrary on By-law No. 86-253 as previously recorded; and with all others voting in fayour. -7- ITEMS OF INTEREST: NEW BUSINESS City Pine to Cheshire, England - Alderman Chessman discussed shipping a supply of City of Niagara Falls Pins to an exchange teacher in Cheshire, England, and a recent communication advising that the pins were very much appreciated and were being worn in that City. Conference - Jobs and Bnvironment - Alderman Herrington discussed a handout summary of the Conference he had recently artended on Jobs and Environment. He referred in particular to the Canadian Pollution Abatement Industry, and advised that "Canada is not keeping up the same standards as the United States in this matter". Alderman Harrington stated that the consensus of the Conference was that jobs were not lost through environmental controls. It was moved by Alderman Orr, seconded by Alderman Campbell, that the meeting adjourn. Carried Unanimously. READ AND ~D ~T~D kkIklkAAd'~, CItY CLERK' . F' - V LI S. SMEATON FORTY-NINTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 December 8, 1986 Council met on Monday, December 8th, t986 at 7:15 p-m. in Committee of the Whole. All members of Council, with the exception of Alderman Baker, were present. Alderman Coville presided as Chairman. Following consideration of the presented arose without reporting. ~a , the Committee of the Whole READ AND ADOPTED . . . --' S. SMEATON Council Chambers December 8, 1986 Council met on Monday, December 8th, 1986, at 7:30 p.m. for the purpose of considering Planning Matters and regular business. All members of Council, with the exception of Alderman Baker, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Puttick offered the Opening Prayer. ADOPTION OF MINUTES Alderman Cummings declared a conflict of interest on Communication No. 384, in the minutes of December 1, 1986, from the Greater Niagara Big Brothers Association Inc., regarding binSos, because he is a member of an organization which conducts bingos. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the minutes of the meeting held December 8th, 1986, be adopted ae printed. Carried Unanimously. WELCOME 30th NiaSara Falls Girl Culdes - H~s Worship Mayor Smeaton welcomed Mrs. Barbara Tooke, Leader, and members of the 30th Niagara Falls Girl Guides of St. Patrick's Church to the meeting. REPORTS - PLANNING MATTERS No. 574 - Chief Administrative Officer - Re: PD-86-141, Zoning Amendment Application AM-32/86, Roger Maxwell Mills and the Canada Mental Health Associa- tion; 4696 Jepson Street. The report recommends the following: 1) That Council support proposed AM-32/86 rezontng the property municipally addressed as 4696 Jepson Street in accordance with Section 38 of the Planning Act, 1983, for temporary use as an Adult Mental Health Group Ho~e; 2) That Council authorize Staff to prepare a temporary Use By-law, to be enacted at a subsequent Council meeting, which includes the following specific items: i) to be effective for a term not to exceed two years in duration as of the day of final approval of the by-law; ii) include a definition of "Adult Mental Health Group Home" which provides for supervision in keeping with the needs of the residents end is licensed or approved by the Ministry of Health; 1t!) ,limits the number of residents, excludin8 Staff, to four (4) adults. -2- - AND - Co=munlcatlon No, 387A- Barbara ~arshall, MoC.I.P., McNalr & Marehall - Re: Zoning Amendment Application AM-32/86. The communication expresses opposftton to the application on behalf of Mr. and Mrs. 0.3. Perrt, in terms of "spot zoning" and concerns with respect to "temporary use provisions". - AND - Co~aunicatton No. 387B - Social Plsnn4ng Council of Niagara Falls - Re: Zoning Application AM-32/86. The communication supports the proposed amendment to the by-law, and suggests the reactivatton of the Joint City Planning and Social Planning Council Committee to allow for a review, update, and recommenda- tions regarding the Satellite Homes problem. His ~rahip Mayor Smeaton d~clared the Public Meeting open and explained that the*~r~du~e~er the Planning Act, 1983 would be followed. The Clerk advised that the applicant proposes to use the residence located at 4696 Jepson Street for an Adult Mental Health Group Home in which the number of residents, exciuding Staff, will not exceed 4 adults. He stated that the Notices of the Public Meeting were forwarded by first-class mail on November 7th, 1986. His Worship Mayor Smeaton received a positive response to his request for an indication of the presence of the applicant or his agent, and a positive response to hls request for a show of hands of persons present in favour of, or opposed to the application. He stated 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. Mayor Smeaton explained the procedure to be followed. The Planning Director reviewed the purpose and reason for the proposed amendment, with the assistance of posted sketches. He discussed the following information contained in the Technical Report: Property Description; Development Proposal; Zoning by-law Amendment; and Planning Considerations. Mr. Howard Neal, 25 Empire Street, Apartment 1, Welland; and Lilly Leamen, 7-2 Wieden Street, St. Catharines presented a' revlew of their treatment and experiences with Group Homes, and expressed their approval. Ms. Judy Adamson, Program Co-ordtnator for the Niagara Regional Housing Program, discussed the homes established in St. Catharinea, and We~land. She stated that 4696 Jepson Street was chosen because of its central location, access to buses and stores, and the minimal expense. Ms. Adamson reviewed the supportive environment of the homes which enable people to regain skills and resume independent living. S|,c responded to questions raised with respect to the persons waiting for residency. ORDERED on the motion of Alderman Htnsperger, seconded by Alderman Coville, that the communications be received and filed, and the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the Joint City Planning and Social Planning Council Committee to review, update and make recommendations on Group Home problems, be reactivated. Carried Unanimously. No, 575 - Chief Administrative Officer - Re: PD-86-140, AM-33/86 Empire ' Hotel, Centre Street· The report recommends the followings 1. That Council support the proposed Zoning By-lawAmendment, as detailed in PD-86-136; 2) 3) That 251 landscaped area be provided on site (exclusive of swimming pool); That within 6 months of Phase 1 building completion, all residential structures are removed, the entire northerly parking lot constructed and this condition be placed in the required Site Plan Agreement. - AND- -3- CommuxLtcatlon No. 388 - Venerino V.P. Pantcl. Architect - Re: Zoning Amendment APplication for Proposed 6 Storey Hotel Development for the Empire Motel, 5046 Centre Street. The communication asks that the matter be tabled because of complications surrounding the proposed development, and further, that Janet and Sandra Bruck, have agreed that all extra costs resulting out of future publications or a new application as required by the City will be borne by them. His Worship Mayor Smeaton advised that this matter was being withdrawn from the agenda at the request of the proponents. No. 576 - Chief Administrative Officer - Re: PD-86-142, Zoning Amendment AM-34/86, Elinor Fast, First Niagara Boy Scout Hut. The report recommends that Council support the Zoning By-law Amendment under Section 34(10) of the Planning Act, recognizing the rear portion of lands on the west side of the property addressed as 5615 Prince Edward Avenue. Approval of the application will permit the subject lands to be conveyed and subsequently used in conjunction with the First Niagara Boy Scout Hut which is recognized as a legal nonconforming use. His Worship Mayor Smeaton declared the Public Meeting open, and explained that the procedure under the Planning Act, 1983 would be followed. The Clerk advised that the intent and purpose of the Zoning Amendment is'to permit the subject rear yard parcel to be added to the existing Leeming Street property for the purpose of a private club, First Niagara Boy Scout Hut; and further, that since this use is a legal nonconforming use in an R2 zone, the applicant must seek permission under Section 34(10) of the Planning Act to permit the subject lands to be used in conjunction with the existing legal non- conforming use. He stated that the Notices of the Public Meeting were forwarded by first-class mail on November 7th, 1986. His Worship Mayor Smeaton received a positive response to his request for a show of hands indicating the presence of persons interested in the subject matter; requested persons wishing to receive a further notice of the passing of the bill to submit their names and addresses to the Clerk prior to leaving the meeting; and advised that the procedure would be the same as that followed by the previous Public Meeting. The Planning Director reviewed the following information contained in the Technical Report: Location; Property Description; Development Proposal, Zoning By-law Amendment; Official Plan; Surrounding Land Use; Comments from Public Notification Process; and Planning Review. Mr. Eric Watson, acting on behalf of the First Niagara Boy Scouts, discussed the gift of land by Mrs. E. Fast, and asked that the application be approved. There were no further comments, and therefore, Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that. the report be received and adopted. Carried Unanimously. DEPUTATION CLOSING OF HILLSIDE PLACE - Report No. 577 - Chief Adainistrattve Officer - Re: Request of Maple Leaf Investments Inc.- Closing of Hillside Place. The report recommends that the road allowance known as Hillside Place be closed and conveyed to Maple Leaf Investments Inc. in accordance with established policy relative to the disposal of road allowances. Alderman Hopkins declared a conflict of interest because a member of his family is an employee of the applicant· Mr. J. William J, Gullerr, Senior Vice-Prestdent,.General Counsel, York-Hannover Amusements Ltd. referred to his communication dated November 27th, 1986, discussed the historical background of the subject land, and cited provi- sions under the Municipal Act whereby the owner of land which is taken for a new road is automatically entitled to the road allowance in question; and which entitles owners of adjoining properties to purchase lands· -4- During the discussion, the Chief Administrative Officer advised that a former by-law which closed 20' of Falls Avenue indicated that it was to be conveyed in exchange for a highway by the owners of the lands. In reply to questions raised, the Solicitor stated that the facts in this situation were "somewhat unclear", and that it was "not clear that the road was actually given to the Municipality"; and further, that Council should determine whether they wished to charge for the value of the land. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the road allowance known as Hillside Place be closed and conveyed to Maple Leaf Investments Inc., subject to the company paying $1.00 plus any other costs incurred. The motion Carried with Alderman Hopkins abstaining from the vote On a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Campbell, Chessman, Coville, Cummings, Harrington, Hinsperger, Janvary, and Puttick. NAYE: Aldermen Orr, and Pay. UNFINISHED BUSINESS -5- No. 393 - Ton of Vaughan - Re: Bill 131, an Act to Amend the Assessment Act, Assessment of Amusement Rides. The communication requests Council to endorse a resolution asking the Minister of Revenue to amend Bill 131, not to exempt rides in amusement parks from taxation. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. No. 394 - Niagara Falls Black Hawks Hockey Club - Re: Annual Christmas Party. The communication requests a Special Occasion Permit for the Annual Christmas Party to be held December 20th, 1986 in the Blue Line Room, Niagara Falls Arena. ORDERED on the motion of Alderman Pay, seconded by Alderman Harrfngton, that the request of Sam Quarants, President of the Niagara Falls Black Hawks Hockey Club for a special occasion permit for the Annual Christmas Party at the Blue Line Room in the Niagara Falls Arena on December 20th, 1986, between the hours of 7:00 p.m. tn 11:00 p-m. 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. r-a.qOLIR~ P~IC~S IN THE NIAGARA PENINSULA - Communication No. 389 - Honourable Vince Kerrio, Minister of Energy - Re: Gasoline Prices in the Niagara Peninsula- The communication responds to a letter of enquiry with respect to the subject matter, and explains the method of pricing gasoline in relation to local market factors. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be received and filed. Carried Unanimously. COMMUNICATIONS No. 390 - Victorian Order of Nurses, Niagara Branch - Re: 90th Anniversary. The communication requests that Council proclaim the week of January 25th to 31st, 1987 as WON Week" in con~nemoration of the 90thAnniversary. Mr. William Newby, Board of Management of the VON, and Norsen Merrett, VON Nurse were in attendance. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the request be approved subject to established policy. ~ Carried Unanimously- No. 391 - Ford Notor Company of Canada, Limited - Re: Safety Month" - January 1987. The communication asks Council to proclaim the mouth of January 1987 as "Safety Month", and requests a date for a flag raising ceremony. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the request be approved subject to established policy; and further, that Mayor Smeaton's office arrange a date for the flag raising ceremony. Carried Unanimously. No. 392 - Csnsdian Lsbour Congress - Re: Postal Services. The communication reviews Labour's campaign to.improve and expand postal services, and request a resolution of support. It was moved by Alderman Hopkins, seconded by Alderman Campbell, that 'the communication be received and filed. Following further discussion, it was moved by Alderman Puttick, seconded by Alderman Cummings, that the matter be tabled and referred to Staff for further information. The motion to table which took precedence Carried with the following vote~ NAYEs Aldermen Coyills, Cummings, Harrington, Hinsperger, Janvary, Orr, Pay, and Puttick. Alderman Campbell, Chessman, and Hopkins, No. 395 - Regional Niagara Public Works Department - Re: Water/Sewage Flows. The communication attaches Report DEP-2466, Water/Sewage Flows for the month of October 1986. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the comml~nication be received and filed. Carried UnanimoUsly, No. 396 - Insurance Brokers Association of Niagara Falls - Re: Employee Benefits Programme. The communication requests the opportunity to discuss the Cityts Employee Benefits programme, make recommendations and secure a competi- tive quote from the insurance markets. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Coville, that the communication be referred to Staff for a report. Carried Unanimously. REPORTS No. 578 - Chief Administrative Officer - Re: R-86-42, Arena Recreation Rooms. The report recommends that the attached policy regarding arena recrea- tion room rentals be approved by City Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No. 579 - Chief AdmAnistrative Officer - Re: R-86-43, Future Use of Oakes Park. The report recommends that Council review the two proposed options for the future use of Oakes Park and provide direction to Staff as to the appro- priate action.plan. A discussion followed regarding the Option I (C), which suggests allocating $30,000.00 per year for the next five years. The Solicitor advised that it would be necessary to make provisions in the budget or from the Provincial Government, and further, that the current Council could make provisions for its term of office. ORDERED on the motion of Alderman Harrington, seconded by Alderman Cummings, that Option I, (A) and (B) be received and adopted as follows~ OPTION I (A) Negotiate a three year agreement with the Mariners; (B) Continue with previously scheduled improvements to Oaks, Park over the next three years, including upgradlng lights, new dugouts, new back,top, etc. It was further recommended that the follo~ing recommendation, Option I (C), be referred to the Finance Committee: (C) Establish a Reserve Fund allocating $30,000.00 per year for ~he next five years. These funds could be used to establish a new lighted ball diamond at some time in the future· -6- The motion Carried with the following vote: AYE: Aldermen Campbell, Cheesman, Coville, Cummings, Harrington, Hinaperger, Hopkins, Janvary, and Pay. NAYE: Aldermen Orr, and Puttick. No. 580 - Chief Administrative Officer - Re: B-86-74, Former Transit Commission Offices. The report recommends that Council approve of an expendi- ture of approximately $11,500.00 (subject to quotations received) to carry out alterations in the former Transit Commission Offices to accommodate new quarters for the Personnel Department. During the discussion, the Chief Administrative Officer explained the need for additional accommodation for the Personnel Department, and advised that a report on the reorganization of the department would be submitted at an early date. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Cheesman, Coville, Cummings, Harrington, Hinsperger, Hopkins, Janvary, Orr, and Pay. NAYE: Alderman Puttick. No. 581 - Nunicipal Parking & Traffic Coeaittee - Re: MW-86-167, Removal of Two Parking Meters and Two Parking Spaces in Front of The Rascal House Restaur- ant & Pizzeria on Victoria Avenue. The report recommends that the Region be requested to remove the two parking spaces located in front of The Rascal House Restaurant & Pizzeria on Victoria Avenue. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No. 582 - Chief Administrative Officer - Re: C-86-4, Offer to Purchase Lot 10, Plan M-67, Falls Industrial Park Extension - 1.033 acres, Walter Savoie. The report recommends that an Offer to Purchase Lot 10, Plan Fr-67, in the amount of $19,420.40 be accepted, subject to the following provisions which are in addition to those contained in the attached offer: 1) 2) 3) The storage of damaged or dismantled vehicles shall be limited to 10 at any one time; No vehicles shall be stored in the front yard of the property; All outside storage shall be contained within a 6-foot decorative privacy fence. Mr. Walter Savoie was in attendance, and expressed agreement with the recommendations. ORDERED on the motion of Alderman Coville, seconded by Alderman Pay, .that the report be received and adopted. Carried Unanimously. No, 583 - Chief Administrative Officer - Re: F-86-23, Municipal Accounts. The report recommends that the accounts totalling $2,636,767.57 for the period ending December 8, 1986 be approved by the passing of the by-law appearing later on the agenda. Alderman Cheesman declared a conflict of interest on Cheque No. 21231 because his wife is employed with the Board. Alderman Cummings declared a conflict of interest on Cheque No. 21151 becQuse a member of his family is involved in the program. Alderman Hlnsperger declared a conflict of interest on Cheque No. 20754 because he is.employed with the company, Alderman Orr declared a conflict of lp~e~est on Cheque.No, 20808 because a member of her family is involved, -7- Additional information was provided on Cheque Nos. 2075[, 20768, 20772, 20783, 21175, and 21222. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that Cheque No. 21228 be held, and a report be submitted to Council on the matter. The motion C_arried witb the following vote: AYE: Aldermen Campbell, Coville, Cummings, Harrington Hinsperger, Hopkins, Orr, Pay, and Puttick. ' NAYE: Aldermen Cheesman, and Janvary. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the report, with the exception of Cheque No. 21228, be received and adopted. The motion Carried with Aldermen Cheesman, Cummings, Hinsperger, and Orr abstaining ~'rom the vote on Cheque Nos. 21231, 21151, 20754, and 20808 consecu- tively, on conflicts of interest previously recorded; and with all others voting in favour. No. 584 - Mayor Smeaton - Re: People Mover Steering Committee. The report attaches a copy of the Niagara Falls People Mover Study Final Report, May 1986, by Marshall Macklin Monaghan; provides background information regarding the Study; suggests that the Commission, the Tourist Industry, and the City should take the necessary steps to pursue the implementation of a rubber-tired looped system; and recommends that the Marshall Macklin Monaghan Report "Niagara Falls People Mover Study" be received and filed. Mr. George Yerich was welcomed to the meeting. Mr. Gordon Paul, Visitor & Convention Bureau, expressed concern regarding Mayor Smeaton's suggestion of a rubber-tired looped system. He expressed the hope that this was not a conclusive direction of Council, and further, that additional information will be made available when the Steering Committee meets in January 1987. His Worship Mayor Smeaton advised that the suggestion had been a personal opinion. Alderman Coville asked that the Maintenance & Operations Engineer provide the member of Council with a copy of the Economic Impact Study relative to the People Mover System. ORDERED on the motion of Alderman Harrington, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously__L No. 585 - Chief Administrative Officer - Re: CD-86-30, Proposed Sale of Part of Hamilton Street Road Allowance. The report recommends that Council approve of the sale of part of the Hamilton Street road allowance east of Second Avenue, to an adjacent owner for $6,000.00. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orrs that the report be received and adopted. Carried Unanimously. No, 586 - Chief Adainistrative Officer - Re: CD-86-31, Pt. Lot 4, Concession 4, Former School Property - Lyons Creek Road & Crowland Avenue. The report recommends that Council authorize Staff to advertise a parcel of property located at the southeast corner of Lyons Creek Road and Crowland Avenue for sale. ORDERED on the motion of Alderman Cummings, seconded by Alderman Rinspergers that the report be received and adopted, Carried Unanimously______L BY-LAWS ORDERED on the motion of Alderman Janvary, seconded by Alderman Coville, that leave be granted to introduce the following by-lawss and the by-laws be read a first time: No, 86-254 - A by-law to amend By-law No. 79-200, as amended. (Lot 3 & Pt. Lot 4, R.P. 94 - G. Marinelli)~ -g- No. 86-255 - A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan control areas with- out the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 40 of the Planning Act, 1983. No, 86-256 - A by-law to provide monies for general purposes. The motion Carried with Alderman Cummings voting contrary on By-law No. 86-254; Aldermen Cheesman, Cummings, Hinsperger, and err abstaining from the vote on By-law No. 86-256, on conflicts of interest previously recorded in Report No. 583; and all others voting in favour. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that the following by-laws be now read a second and third time: No. 86-254 - A by-law to amend By-law No. 79-200, as amended. No. 86-255 - A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan control areas with- out the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 40 of the Planning Act, 1983. No. 86-256 - A by-law to provide monies £or general purposes. The motion Carried with Alderman Cummings voting contrary on By-law No. 86-254; Aldermen Cheesman, Cummings, Hinsperger, and err abstaining from the vote on By-law No. 86-256, on conflicts of interest previously recorded; and all others voting in favour. NEW BUSINESS IT!~SOF CONCBBN: l~s. Tony Iseppon - Alderman Puttick referred to a handout letter from Mrs. Tony Iseppon, and asked Mayor Smeaton to convey his apologies to her. Week-End Fur Sale - Alderman Cummings referred to contacts he had received during the past weekend with concerns expressed regarding a sale of furs by an outside person, in compe- tition with local businessmen. The Clerk advised that the fur sale had been set up in the old Chamber of Commerce building at 5433 Victoria Avenue, that the Transient Trader Fee of $500.00 had been paid allowing the three day sale on Friday, Saturday and Sunday. Re stated that the application had been made by Brian Crawford for Trantom Retail Holdings Limited, P.O. Box 2155, Niagara Falls, under Wholesalers Clearance Centre. The Clerk understood that the firm wag from Toronto. In response to questions raised he stated that the firm h~d indicated they would continue to operate a store. Mr. Joe Pillitteri, Roberrs Quality Furs; Mr. Helge Jorgensen, President of Kindy's Furs Lid,; and John Trano, Embassy Furs expressed their concerns regarding the unfair competition of this outside group flooding the market, selling furs at reduced rate over a very short period of time, leaving the City immediately, and referred to other cities where they had b~en prohibited. They stated that the sale had been on the second floor of the building. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the matter be referred to Staff for investigation, and contact with other Municipalities, particularly Peterborough and London~ regarding similar problems, and-report in one week. Carried Unanimously. '7 -9- City Trees, Shrubs, Greenery - Alderman Pay referred to a discussion at a recent Municipal Works Committee meeting regarding the aformentioned, and advised that Mr. George Dalby, formerly with the Niagara Parks Commission School of Horticulture and presently a Horticulture Consultant for three Municipalities in Ontario, would be in agreement with providing a study for the City of Niagara Falls. Alderman Pay further referred to the need to enforce site plan agreements, and lack of City Staff in the Building & Inspection Department. He discussed the possibility of Provincial funding to hire 2 University students over the summer to review adherence to site plan agreements over the past two years. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that these matters be referred to Staff for a report. Carried Unanimously. Relocation - Hockey Hall of Fame - In reply to questions raised by Alderman Campbell, the Chief Administrative Officer advised that he had been in contact with Mr. Scotty Morrison, N.H.L., regarding the Hockey Hall of Fame, that a formal letter had been forwarded to the Committee indicating the City of Niagara Falls interest in having the Hockey Hall of Fame relocate in this community, and that inquiries had been received from private sector persons interested in this matter. His Worship Mayor Smeaton advised of a local property owner who has shown an interest. He advised that a report would be forthcoming. ITKHS OF INlIREST: Local 133, C.U.P.E. Invitation - His Worship Mayor Smeaton referred to a handout letter from Local 133, Canadian Union of Public Employees, inviting City Council to participate in a City Employees Skating Party at the Niagara Falls Arena on Wednesday, December 17th, 1986 from 6:00 p.m. to 8:00 p.m. Aldez~mn Norman Puttick/Congratulations - Alderman Cheesman referred to Alderman Puttick's 20 years on City Council, and expressed congratulations. ORDERED on the motion of Alderman Chessman, seconded by Alderman Janvary, that Alderman Puttick be congratulated on his lengthy term on City Council. Carried Unanimously. Congratulstions/Aldemn Hinsperger - Alderman Janvary advised that Alderman Hinsperger was celebrating his birthday today. Council congratulated Alderman Einsperger in song. It was moved by Alderman Puttick, seconded by Alderman Cheesman, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, ......  "'~FF.a,~','e~'~'''' MA~ WILLI~ S. SMEATON FIFTIETH MEETING COMMITTEE OF THE WHOLE Committee Room #1 December 15, 1986 Council met on Monday, December 15th, 1986 at 6:30 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Hinsperger, were present. Aiderman Baker presided as Chairman. Following consideration of the it ~s presented, the Committee of the Whole arose to report in open Council. kk'~ · ~ ~ · READ AND ADOPTED, Council Chambers December 15, 1986 Council met on Monday, December 15th, 1986 st 7:30 p.m. for the purpose of considering general business. All members of Council, with the exception of Alderman Hinsperger, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Harrington offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the minutes of the meeting dated December 8th, 1986, be adopted as printed. Carried Unanimously. UNFINISHED BUSINESS Ha~ker & Pedlar & Transient Trader Licenee - Report No. 587 - Chief Adlttnietrattve Officer - Re: Issuance of Licence to Trantom Retail Holdings Limited at 5433 Victoria Avenue. The report provides background information regarding the subject matter, information that the licenee cannot legally be refused on the basis of residency, and recommends that the report be received and referred to open Council. Mr. Joe Pillitteri, Roberrs Quality Furs; and Mr. Helge Jorgensen, President of'Ktndy's Furs Ltd., were in attendance. They received a copy of the report, discussed the legal versus the human issue, and asked Council to preserve their right to fair competition. ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, that the report be received and adopted- Carried Unanimously_.. Following further discussion, it was moved by Alderman Puttick, seconded by Alderman Campbell, that the Solicitor be directed to submit a report with respect to increasing fees for Hawker & Pedlar, and Transient Trader Licehess, subject to discriminatory and human rights factors. Carried Unanimously, Royal Canadian Humane Association Bronze Medals to - TXm(Nlnaand Ross Simpson - Comsuutcation No, 397 - Mintstry of Natural Resources - Re: Presentation of Awards, The communication advises that the Honourable Viuce Kerrio, Minister of Natural Resources will present Royal Canadian Humane Association Bronze Hedals to Tim Quinn and Ross Simpson, in recognition of their savin~ Cathy Weaver from drowning in the Welland River in July 1986, - 2- ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that the communication be received and filed. Carried Unanimously. COMMUNICATIONS No. 398 - Region Niagara Tourist Council - Re: Appointment- The communication asks Council to appoint a representative to the Tourist Council- ORDERED on the motion of Alderman Cheesman, seconded by Alderman Harrington, that Alderman Puttick be appointed to represent City Council on the Tourist Council, and Alderman Covtlle as an alternate appointment. Carried Unanimously. No, 3~9 - Provincial Assessment Board - Re: Walker Brothers Quarries Ltd. Applicatlgn. The communication advises that a Public Hearing has been scheduled for Ja~h~ry l~'~l~87~c~erning the aforementioned application to construct a pumping statioN, forcemain and gravity sewer system to transport leachate from Walker Brothers Ltd. Landfill site in the City of Niagara Falls to the sewage collection system in Niagara-on-the-Lake. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be received and filed. Carried Unanimously. No, 400 - !finistry of Municipal A~fairs - Re: Seminars- The communication requests comments on the interest of Council in seminars regarding Organization, Administration and Finance. ORDERED on the motion of Alderman Pay, seconded by Alderman Hopkins, that the Ministry be advised that Council would be interested in the suggested seminars. Carried Unanimously. No- 401 - Environment Canada, Regional Director General Ontario Region - Re: Environmental Problems in Niagara Falls Area. The communication suggests that the Joint Working Group contact Rick Findlay, Environment Canada's member of the Secretariat, to arrange a meeting between members of the Canada/United States Niagara River Secretariat. The communication advises of a public meeting scheduled for January 13th, 1987. Alderman Coville advised that she and the Planner II would be attending the January 13th meeting. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that the communication be referred to Staff to arrange the suggested meeting. Carried Unanimously. .. i,,~:, ;. -,! '~- , , .... REPORTS No. 588 - Chief Administrative Officer - Re: B-86-76, The Buildings & Inspections Department Report for November 1986. The report provides informa- tion regarding Permits Issued, and Highlights for November, as well as December Proposals. ORDERED on the motion of Alderman Coville, seconded by Alderman Janvary, that the report be received and filed. Carried Unanimously. No. 589 - Chief Administrative Officer - Re: ~fi~-86-169, Exchange of Property between the City of Niagara Falls and Cyanamid Canada Inc. The report recommends that City Council authorize Staff to proceed with the exchange of property with Cyanamid Canada Inc. Alderman Campbell declared a conflict of interest because the Y.M.C~A. is a client, and is named in the report. ORDERED on the motion of',Ald~rman Cummings;. seconded by Alderman Janvary- that the report be received and adopted. The motion Carried with Alderman, Campbell abstaining from the vote on a conflict of interest previously recorded, and with all others votin~ in favour. ........ A discussion followed regardinS. policies and procedures with respect to the disposal of lands. ORDERED on the motion of Alderman Puttic~s seconded by AIdeman Chessman, that Staff be asked to submit a report regardin~ the procedures for land transactions. Carried Unanimously· ! -3- No, 590 - Chief Administrative Officer - Re: MW-86-170, 1986 Capital Budget Projects. The report recommends that the by-laws appearing on tonight's agenda be passed by Council. A discussion followed regarding the mandate of Council to the community to provide essential services as opposed to non-essential. ORDERED on the motion of Alderman Pay, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. See By-law No. 86-257, and By-law No. 86-258. Alderman Puttick discussed the possibility of closing that portion of Portage Road in front of the Minolta Tower and installing a landscaped walkway with a scenic view of the Falls. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman, that the matter be referred to Staff for investigation into the possibility of closing the suggested portion of Portage Road, as well as available government subsidies to convert it into a walkway. The motion Carried with the following vote: AYE: Aldermen Campbell, Chessman, Coville, Cummings, Harrington, Janvary, Orr, Pay, and Puttick. NAYE: Aldermen Baker and Hopkins. No. 591 - Chief ldmtnistrative Officer - Re: MW-86-271, Release of 0.26 m to 0.3 m (10' to 12") Easements on Lots 29 and 33, Registered Plan M-106 - Westway Subdivision- The report recommends that the By-law authorizing the release of 10' to 12" wide strips of easement on Lots 29 and 33, Registered Plan M-106 be approved. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No, 592 - Chief Administrative Officer - Re: MW-86-172, Request for Excavated Material from Cherrywood Acres Sewer Project. The report recommends that the request of Mr. L. Vitaterna to receive some of the excavated material from the Cherrywood Acres sewer project be denied. It was moved by Alderman Orr, seconded by Alderman Baker, that the report be received and adopted. Mr. John Vitaterna spoke on behalf of Mr. Loreto Vitaterna, explaining the request made to the City Engineering Department for excavated material which was suitable for backfill. In response to questions raised, the Director of Municipal Works advised that the request would be subject to the City being able to purchase suitable clay at an equivalent cost. ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, that the matter be tabled to allow Staff the opportunity to investigate this matter further. The motion to table which took precedence Carried with the following vote: AYE: Aldermen Campbell, Cheesman, Cummings, Harrington, Janvary, Pay, and Puttick. NAYS: Aldermen Baker, Covtlle, Hopkins, and Orr. No. 593 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,399,424.01 for the period ending December 15th, 1986 be approved by the passing of the by-law appearing later on the agenda. Additional information was provided on Cheque No. 21320, and Staff was asked to investigate the asphalt placed at various locations in the City, because advice had been received that some asphalt patch on Dorchester Road was deficient according to Regional Road Superintendent~ Dan Zakula. ORDERED on the motion of Alderman Janvary~ seconded by Alderman Cheesman~ that the report be received and adopted. Carried UnanimouSlY. L -4- No. 594 - Chief Administrative Officer - Re: F-86-25, P.A.O. Conference Registration - Director of Personnel- The report refers to a question raised at the Council meeting of December 8th, 1986, regarding the above mentioned conference, and recommends that the registration expense of $480.00 be approved as previously requested. ORDERED on the motion of Alderman Coville, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously- 1) 2) that the report be received and adopted- No. 595 - Finance Committee - Re: F-86-26, Request of Ontario Hockey Association - All Star Tournament - Niagara Falls Memorial Arena, December 27, 28, 29 and 30, 1986. The report recommends the following: That the Municipality adhere to its established policy relative to the rental of the Niagara Falls Arena for the above-referenced tournament; That Council sponsor an advertisement in the tournament program in an amount not exceeding $275.00. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, Carried Unanimously. RESOLUTION No. 100 - CIIBESMAB - BAleR - RESOLVED that Proposed By-law No. 85-217 to authorize the rehabilitation of the roads on parts of Dixon Street, Stmcoe Street, Third Avenue, Second Avenue, Fifth Avenue and Huggins Street which was read a first and second time at the meeting of Council held on the 4th day of November, 1985 be amended as follows: (a) By striking out the first, second and third recitals thereof and substituting therefore the following: WHEREAS the Council of The Corporation of the City of Niagara Falls deems it desirable to rehabilitate roads on parts of Dixon Street, Simcoe Street, Third Avenue, Second Avenue, Fifth Avenue and Huggins Street as more particularly described in Schedule "A" attached to and forming part of this by-law at a total estimated cost of $310,000; and WHEREAS the Ontario Municipal Board by its Order under File E851501 dated the 10th day of December, 1985 approved the undertaking of the work by the City and authorized The Regional Municipality of Niagara to ~ssue debentures not exceeding $190,000 or not exceeding the net cost of the undertaking, whichever is the lesser, such net cost being the amount of the cost remaining after receipt of an estimated subsidy of $120,000 from the Ministry of Transportation and Communications under Part X of the Public Transportation and Highway Improvement Act; and -WHEREAS the estimated expenditures for the current construction program of the City will exceed the amount of the anticipated subsidy allocation under said Part X of the Public Transportation and Highway Improvement Act and the Council now deems it expedient to proceed with the construction of the work described in Schedule "A' without relying upon receipt of the said subsidy and to have the whole of the estimated cost of $310,000 raised by the issue and sale of debentures; and (b) By striking out "the City of Niagara Falls share of" in the first line of section 2 so that the said section shall now read as follows: 2. That the cost of the said work be raised by the issue and sale of debentures of The Regional Municipality of Niagara repayable over a · 'term not exceeding ten years and bearing interest at such rate or rates as shall be determined by the Regional Council. 2. That application be made to the Ontario Municipal Board for an order amending its said order dated the lOth day of December, 1985 to permit The Regional Municipality of Niagara to ·issue debentures for an amount not exceeding $310,000 to pay for the cost of the rehabilitation of the said roads· AND the Seal of the Corporation be heretO affixed. Carried Unanimously. -5- BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Covtlle, that leave be granted to introduce the following by-laws, and they be read a first and second time: No. 86-257 - A by-law to authorize the construction of certain works as local improvements under section 12 of the Local Improvement Act. No. 86-258 - A by-law to authorize the rehabilitation of the road on part of Portage Road. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that leave be granted to introduce the following by-laws, and they be read a first time: No. 86-259 - A by-law to amend By-law No. 79-200, as amended. (AM-26/86, 146652 Canada Ltd., C. Spadafora, PD-86-119 approved by Council on October 14, 1986). No. 86-260 - A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan control areas with- out the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 40 of the Planning Act, 1983. (AM-26/86, C. Spadafora). No, 86-261 - A by-law to authorize the execution of a development agreement with 146652 Canada Limited. (AM-26/86, C. Spadafora). No. 86-262 - A by-law to authorize Releases. (Pts. 2 & 4, P1. 59R-508Y). No. 86-263 - A by-law to authorize the sale of land in the Falls Industrial Park Extension. (Lot 10, RP M-67, W. Savoie). No. 86-264 - A by-law to amend By-law No. 395, 1966 of the former Township of Willoughby, now in the City of Niagara Falls, as amended. (AM-30/86, PD-86-134, approved by Council on November 10, 1986, Lyons Creek Road). No. 86-265 - A by-law to provide monies for general purposes. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the following by-laws be now read a second and third time: 66-259 - A by-law to amend By-law No. 79-200, as amended. 86-260 - A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan control areas with- out the approval of plans and drawings otherwise required under subsection 4 or subsection 5 of section 40 of the Planning Act, 1983. No. 86-261 - A by-law to authorize the execution of a development agreement with 146652 Canada Limited. 86-262 86-263 - A by-law to authorize Releases. - A by-law to authorize the sale of land in the Fails Industrial Park Extension. Ho. 86-264 No. 86-265 by-law to amend By-law No. 395, 1966 of the former Township of Willoughby, now in the City of Niagara Falls, as amended. by-law to provide monies for general purposes. Carriga Unanimously. -6- NEW BUSINESS ITEMS OF CONCKItN: Parking M~ters on Main Street - Alderman Cummings advised that he had received a contact from Davey Automotive & Industrial Supplies, 6032 Main Street, requesting a change respecting meters recently installed on Main Street- He further advised that the matter had been discussed at a Parking Committee meeting, and referred to the Main & Ferry Business Association who had responded that there was no opposition to the meters. Alderman Cummings stated it had recently been learned that the matter had not been considered by the Main & Ferry Business Association at their meeting, and therefore, the matter had been referred back to the Association for consideration and notification to the people involved. He referred to a Beauty Salon which was being adversely affected by the meters, and stated that a bag had been sent to the Salon in order to cover one meter until the situation was resolved- Dispute/Stamford Green Plaza - Alderman Cummings referred to a situation in the Stamford Green Plaza wherein the owners of two businesses were having a property dispute. The Chief Admin- istrative Officer advised that this was on private property, that there was no violation of Fire regulations, site plan, nor Municipal involvement, and that it was therefore a matter to be resolved by the two disputing parties- -7- It was moved by Alderman Puttick, seconded by Alderman Harrington, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, WI S. SMEATON Signing/McLeod ~oad & Pin Oak Drive - In response to a question raised by Alderman Puttick, the Director of Municipal Works advised that the Region had been contacted with respect to signing at the aforementioned intersection. Bill 16/AnAct to Amend the Municipal Act - Alderman Puttick referred to Information for Council copies of letters received from the President of the Association of Municipalities of Ontario, which had been addressed to the Ronourable Richard Nixon, and the Honourable Bernard Grandmaitre with respect to the above mentioned Bill 16. The Chief Administrative Officer pointed out that the matter had been discussed at a previous Council meeting, referred to A.M.O. for consideration, and that A.M.O. was registering their concerns with the Provincial Government. Alderman Puttick asked His Worship Mayor Smeaton to respond to the communications from A.M.O-, with letters to the two Ministers named above, and a copy to Regional Chairman Wilbert N. Dick, asking him to take action in this regard. Road Condition/Stsaford Green Drive - Alderman Harrington discussed the poor road surface of Stamford Green Drive ~nd requested information regarding action to be taken to resolve the p~oblem. The Director of Municipal Works agreed to 'investigate the matter. ~ollution/WellandXiver - Alderman' Covtlle requested information regarding the length of time expected to be taken to clean up the pollution in the Welland River(Chtppawa Creek). The Director of Municipal Works advised that a public meeting was being held on ' Thursday, December 18th, 1986 at 7:00 p.m., at the Fire Hall in Chippawa. Discussion PaporBs Berylcos tot the Youn~ Physically Disabled in Niagara, and Child & Molescent Mental !lcalth Care Services in Niagara - Alderman Janvary referred to the above noted reports received from the Niagara District Health Council as Information to Council. She volunteered to assist in responding .to the communications, and stated that a report would be sent from the Special Needs Committee on the Young Physically Disabled in Niagara. ORDERED on the motion of Alderman Cummiags, seconded by Alderman Rarrington,., that the matter be referred to the Social Planning Council for comments. Carried Una. nimously. FIFTY-FIRST MEETING COMMITTEE OF THE WHOLE Committee Room #1 December 22, 1986 Council met on Monday, December 22nd, 1986 at 6:30 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Coville who was absent because of a conflict of interest, and Alderman Cheesman, were present. Alderman Janvary presided as Chairman. Following consideration of the~presented, the Committee of the l~ole arose without reporting. ~, ~ Council Chambers December 22, 1986 Council met on Monday, December 22nd, 1986 at 7:30 p.m. for the purpose of considering general business. All members of Council, with tbe exception of Alderman Cheesman, were present. His Worship Mayor Smeaton presided as Chairman- Alderman Hopkins offered the Opening Prayer. ADOPTION OF MINUTES Alderman Puttick stated that in the discussion of December 15th, Report No. 590, he had suggested the installation of a walkway on Portage Road in front of the Minolta Tower, and not Oakes Drive, as reported in the minutes. ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the minutes of the meeting dated December 15th, 1986, be adopted as amended. Carried Unanimously. COMMUNICATIONS No. 402 - City of lhiitltom - Re: Postal Service. The communication requests Council to approve a resolution to the Federal Government in opposition to community mailboxes. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously_. No. 403 - Co-.-tttee of Adjustment - Re: Remuneration to Members of the Committee of Adjustment. The communication refers to the amount and method of remuneration to members of the Committee of Adlustment, and recommends that the wording of By-law 75-173 be altered to provide compensation as an expense for Committee of Adjustment members in order to eliminate the income tax aspect of the remuneration. ORDBRED on the motion of Alderman Orr, eeconded by Alderman Campbell, that the matter be referred to Staff for a report. Carried Unanimously. No. ~04 - 5amQuaranta, Niagara Falls Jr. B. Caaucks - Re: Kim Mitchell Concert. The communication requests a Special Occasion Permit for the Kim Mitchell Concert to be held at the Blue Line Room on January 4, 1987. The Director of Parks and Recreation stated that Staff was not in fayour of the special occasion permit being approved for the event. ORDERED on the motion of Alderman Coville, seconded by Alderman Hinsperger, that the request be denied. 6artled Unanimously. -2- P~EPORTS No- 596 - flhief Administrative Officer - Re:. B-86-77, Site Plan Approval - Proposed 5 Unit Apartment Dwelling, Domenic Armanti, 5999 Dunn Street (AM-5/86). The report recommends that subject to any questions which members of Council may wish to raise regarding the site plan on display at tonight's meeting and the recommended conditions of approval set out in the report be noted, and the report received and filed. Mr. Domenic Armenti was in attendance- In response to questions raised, the City Solicitor stated that this was not an ordinary report on a site plan matter, that Council had previously denied the application, the applicant had appealed to the Ontario Municipal Board, and the O.M.B. had advised the ~pplicant that he should submit a Site Plan for the Board ~..~{~w.~The~So~i~tor further stated that Council's approval of this report woOlS allow'the Board to deal with the Site Plan when the Hearing is held. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Coville, Cummings, Harrington, Hinsperger, Hopkins, Orr, Pay, and Puttick. NAYE: Aldermen Campbell, and Janvary. No. 597 - Chief Administrative Officer - Re: B-86-78, Stamford Memorial Arena - New Roof. The report recommends that Staff be given authorization to advertise for tenders to reshingle the roof at the Stamford Memorial Arena. ORDERED on the motion of Alderman Pay, seconded by Alderman Harrington, that the report be received and adopted- Carried Unanimously. No- 598 - ~hief Administrative Officer - Re: PD-86-143, "Determination of need for further Public Notice respecting Zoning Amendment Application AM-15/86 ZAP Inc., 6755 Oakes Drive, Proposed 18 Storey Hotel- The report recommends the following: 1) That City Council determine by resolution, in accordance with Section 34(16) of the Planning Act 1983, that the change to the proposal after the holding of the public meeting will not require the giving of any further notice; 2) Should City Council determine that further notice is not required, that the amending By-law, respecting the application be enacted in accordance with Section 34(19) of The Planning Act. The Planning Director advised that the report is requesting approval of the changes outlined in the report, and reviewed these changes. Mr. Tony Zappitelli, and the Architect were in attendance- During the discussion, Mayor Smeaton stated that he would advise the Niagara Parks Commission of this application and Council's approval of it. ORDERED on the motion of Alderman Patrick, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 599 - Knvironmantal planning Committee - Re: PD-86-145, Proposed Provincial Policy Statement on Flood Plain Planning· The report recommends the following ~ 1) That Council endorse the attached letter to the Ministry of Natural Resources; 2) That a copy of the attached report be sent to the Ministry of Natural Resources~ the Niagara Peninsula Conservation Authority and the Regional Municipality of Niagara. , ' ORDERED on the motion of Alderman Covllle, seconded by itlderman Hinsperger, that the report be received and adopted~ Carried Unanimously· -3- No, 600 - Environmental Planning Committee - Re: River Toxics Management Plan. 1) 2) PD-86-146, The Niagara The report recommends the following: That Council adopt the attached Environmental Planning Committee Report; That Council direct Alderman D. Coville and Ms. G. de Boer to attend the January 13, 1987 meeting on the Niagara River Toxics Management Plan on behalf of the City. ORDERED on the motion of Alderman Coville, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 601 - Environmental Planning Committee - Re: PD-86-147, Symposium: 1. Toxics In The Niagara River; 2. Greening The City. The report recommends the following: 1) 2) That Council authorize Alderman D. Coville to attend "Toxics In The Niagara River" on February 3 - 6, 1987, in Toronto, on behalf of the City; That Council authorize Ms. G. de Boer to attend "Greening The City" on February 18 - 20, 1987, in Toronto, on behalf of the City. that the report be received and adopted. ORDERED on the motion of Alderman Janvary, seconded by Alderman Coville, Carried Unanimously. No. 602 - Chief Administrative Officer - Re: MW-86-173, Severance Application B-644/86 for J & S Hudson at 4022-24 Main Street (Chippaws), Charge for Sidewalk. The report recommends that the request to withdraw the condition of severance approval requiring a deposit of $715.00 for the cost of a sidewalk across the severed portion be denied. Mr. Charles Wood was in attendance, and advised that the application was under C & B Wood rather than J & S Hudson. He referred to his request that the fee and condition be withdrawn because only two houses would be facing Sophia Street, and discussed his contacts with City Staff and the Land Division Committee regarding this matter. The Chief Administrative Officer discussed the condition which was a policy approved by a previous City Council. It was moved by Alderman Hinsperger, seconded by Alderman Baker, that the request for withdrawal of the condition of severance approval and fee be approved. Following further discussion, it was moved by Alderman Puttick, seconded by Alderman Janvary, that the report be tabled and referred to Staff for further information. The motion to table which took precedence Carried with the following vote: AYE: Aldermen Campbell, Cummings, Hopkins, Janvary, Orr, Pay, and Patrick. NAYE: Aldermen Baker, Coville, Herrington, and Hinsperger. No. 603 (Handout) - Chief Administrative Officer - Re: MW-86-174, Contract S.L.S. 28-86 Mountain Road Landfill Site, Proposed Remedial Measures. The report recommends that the unit prices submitted by the low tendeter, Provincial Construction (Niagara Falls) Limited, be accepted by Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 101. No, 604 - Chief Administrative Officer - Re: F-86-27, Municipal Accounts. The report recommends that the accounts totalling $2,416,385.70 for the period ending December 22, 1986 be approved by the passing of the by-law appearing later on the agenda. " -4- Alderman Cummings declared a conflict of interest on Cheque No. 21465 because a member of his family is involved in the program. Alderman Harrington declared a conflict of interest on Cheque No. 21501 because his wife is president of the organization. Alderman Hinsperger declared a conflict of interest on Cheque No- 21435 because he is employed by the company. Alderman Hopkins declared a conflict of interest on Cheque No. 21439 because a member of his family is employed with the group. ORDERED on the motion of Alderman Coville, seconded by Alderman Harrtngton, that the report be received and adopted. The motion Carried with Aldermen Cummings, Harrington, Hinsperger and Hopkina abstaining from the vote on Cheque Nag. 21465, 21501, 21435, and 21439 consecutiverly, on conflicts of interest previously recorded; and with all others voting in favour. No. 605 - Finance Committee - Re: F-86-28, Advertising in Programs, etc. The report recommends that Council adopt the revised policy relative to requests for the sponsorship of advertising, etc. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted- Carried Unanimously. No- 606 - Chief Administrative Officer - Re: CD-86-32, Appointments to Boards, Commissions & Committees. The report recommends that Council select appointees to serve for further terms on the five Boards, Commissions and Committees outlined iu this report, and that these appointments be confirmed in a by-law to be passed at a subsequent meeting. A discussion was held regarding resume information which was not attached to the report. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Pay, that the report be deferred to January 5th, 1987, for consideration* The motion was Defeated on the following vote: AYE: Aldermen Baker, Hopkins, and Pay. NAYE: Aldermen Campbell, Coville, Cummings, Harrington, Hinsperger, Janvary, Orr, and Puttick. ~ ORDERED on the motion of Alderman Campbell, seconded by Alderman Pay, that resumes be attached to future reports respecting appointments. Carried Unanimously. Ballot votes ware taken on all appointments with the exception of the Property Standards Committee, and the following motions made: 1, Greater Niagara Transit Commission- It was moved by Alderman 0rr, seconded by Mderman Hinsperger, that Mr. Kenneth Dubois, and Mr. Guy Prate be appointed to the Greater Niagara Transit Commission for the Term of 1987 and 1988. Carried Unanimously. 2, Niagara Falls Board of N~seBms - It was moved by Alderman Cummings, seconded by Alderman Hinsperger, that Messrs. Ken Warren, Peter McKennas Robert Galbraith, and Sherman Zavitz be appointed to the Niagara Falls Board of Museums for 1987. Carried Unanimously. 3, HisSera Peninsula Conservation Authority - It was moved by Alderman 0rr, seconded by Alderman Cun~inSs, that Mr. Lame Brags, and Mrs. June 6ardner be recommended for appointment by the Region to the Niagara Peninsula Conservation Authority for the year 1987. Carried Unanimously. Property Standards Coselites - It was moved by Alderm~n Puttick, seconded by Alderman 0rr, that Mr. Guy Prata be appointed to the Property Standards Committee for the Term of 19871 1988s and 1989. Carried Unanimously. -5- 5, - Recreation Co~aission - It was moved by Alderman Campbell, seconded by Alderman Cummings, that Miss Irene Ploszczansky, Mr. Bob Hanna, Mr. Harry Thistlethwaite, Mrs. Eloise McArthur, and Mr. Norman Hicks be appointed to the Recreation Commission for the Term of 1987, and 1988. Carried Unanimously. No. 607 - Chief Administrative Officer - Re: CD-86-34, B.R.I.C. Application - St. John's Church. The report recommends that Council authorize the payment of $2,000.00 to the St. John's Church Stamford Heritage Association as the City's portion of tile cost of restoration of the old St. John's Church under the B.R.I.C. Program. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. No, 608 (Mendout) - Nayor Smeaton - Re: Disabled Symbol Permits. The report recommends that the City support the proposal of the Ministry of Transportation and Communications. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted, and a copy forwarded to the Social Planning Council. Carried Unanimously. RESOLUTION No, 101 - CUI~iINGS - HINSPERGER - RESOLVED that the unit prices submitted by Provincial Construction (Niagara Falls) Limited, for Contract S.L.S. 28-86, Mountain Road Landfill Site proposed remedial measures, be accepted at the low tendered amount of $138,157.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No, 102 - PAY - CUMMINGS - RESOLVED that this Council does determine, in accordance with the provisions of the Planning Act, 1983, that the changes to the proposed Zoning Amendment application, AM-15/86, ZAP Inc. on Cakes Drive are minor in nature and do not require giving any further notice; AND the Seal of the Corporation be hereto affixed. Carried Unanimous~X. ' ~ 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. 86-266 - A by-law to amend Zoning By-law No. 79-200. (AM-15/86, approved by Council June 9/86, ZAP Inc. -Oakes Drive). No, 86-26~ - A by-law to provide monies for general purposes. No, 86-268 - A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for the construction of remedial works for the Mountain Road Landfill Site. The motion Carried with Aldermen Cummings, liarrington, Hinsperger, and Hopkins abstaining from the vote on By-law No. 86-267, on conflicts of interest previously recorded in Report No. 604; and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Bakers that the following by-laws be now read a second and third time: No. 86-266 - A by-law to amend Zoning By-law No. 79-200. No. 86-267 - A by-law to provide monies for general purposes. No. 86-268 - A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for the construction of remedial works for the .Mountain Road Landfill 8its. -6- The motion Carried with Aldermen Cummings, Harrington, Hinsperger, and Hopkins abstaining from the vote on By-law No- 86-267, on conflicts of interest previously recorded; and with all others voting in favour. NEW BUSINESS II~NS OF CONCKRN: Welland IHver(CMppawa Creek) Clean-Up - Alderman Coville advised that she had attended the meeting concerning the Chippawa Creek clean-up on December 18th, 1986, with Ministry of the Environment and Consultants in attendance- She further advised that an evaluation of the pollution was proposed, and further action to be taken after the ice breakup, however, a date for renewal of the clean-up operation was not known. ORDERED on the motion of Alderman Coville, seconded by Alderman Hinsperger, that a letter be forwarded to the Ministry of the Environment asking that action be taken on this matter as quickly as possible. Carried Unanimously. ITENS OF INTB~EST - Appreciation to Council & Staff - Alderman Harrington expressed appreciation to His Worship Mayor Smeaton, and members of City Council for an "enjoyable year", in their efforts to benefit the community- He further expressed appreciation to City Staff, and offered the compliments for the Season. It was moved by Alderman Hopkins, seconded by Alderman Janvary, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, e~,~