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Minutes1987(A)FIRST MEETING COMMITTEE OF THE WHOLE Committee Room #1 January 5, 1987 Council met on Monday, January 5th, 1987 at 7:00 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Puttick, were present. Alderman Pay presided as Chairman. Following consideration of the arose to report in open Council. . P,E~) AN~.D.. OPTED, ING the Committee of the Whole MAYOR S. SMEATON Council Chambers January 5, 1987 Council met on Monday, January 5th, 1987 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 Pay, seconded by Alderman Orr, that the minutes of the meeting dated December 22nd, 1986, be adopted as printed. Carried Unanimously. UNFINISHED BUSINESS Traffic Control, Niagara Road 51 (Ferry Street) at Ellen Avenue/Clark Street Coesunication No. 1 - Regional Niagara Office of the Clerk - Re: Traffic Control on Niagara Road 51. The communication advises that the installation of traffic signals on Niagara Road 51 (Ferry Street), at Ellen Avenue/Clark Street will be reviewed in July 1987 to evaluate traffic conditions and other possible corrective measures. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously.. Canada Post Corporation - C-87-1 - Chief Administrative Officer - Re: Canada Post Corporation. The report discusses the document entitled "Canada Post Corporation: It Can Deliver", and recommends that this report be received for information and filed. OREBRED on the motion of Alderman Pay, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. COMMUNICATIONS No. 2 - SamMrkalJ, Uncle Sues Motor Hotel - Adult Entertainment Parlouts. The communication requests an amendment to By-law No. 86-240 respecting Adult Entertainment Parlouts. Mr. Joseph Walker and Mr. Sam MrkalJ were in attendance. The Clerk advised that an additional communication had been received, and asked that the matter be tabled for one week in order to deal with all the information at once. 2 ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the communication be tabled for one week. Carried Unanimously. No. 3 - Andrew Tyaoszewicz, Solicitor, Martins Sheppard - Re: Proposed Incorporation of Niagara Falls & District Labour Council Charitable Foundation. The communication requests a letter of consent to the proposed naming of the charitable organization- Mr- Kim Craitor, President, Niagara Falls Labour Council was in attendance. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the reqpest be approved. Carried Unanimously. No. 4 - Jack McLaren Tours - Re: Closing of Portage Road at Oakes Drive. The communication expresses opposition to the road closure; and suggests a pedestrian and bicycle pathway from Holy Trinity Church Grounds to Fraser Hill, as well as a sidewalk from Burning Springs at the incline railway to the Table Rock area. The Chief Administrative Officer stated that he had been in contact with the Niagara Parks Commission, that information was being coordinated and a report would be submitted. He further stated that this communication would be taken into consideration. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the communication be referred to Staff. Carried Unanimously. No. 5 - Jack McLaren Tours - Re: Gasoline Increases. The communication discusses the increase in gasoline prices during holiday week-ends and during the Festival of Lights. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that Mr. McLaren be provided with all the information received by Mayor Smeaton's office with respect to this matter. Carried Unanimously. No. 6 - The Corporation of the City of Stoney Creek - Re: Legislative Changes. The communication asks Council to support a resolution to the Minister of Transportation and Communications opposing legislative changes that would increase the risk factor to motorists using public highways in Ontario, and requesting an investigation into the impact of larger tractor trailer combinations. Alderman Pay suggested that a copy of the original petition from the Ontario Tracking Association would be helpful, and further, that the matter should be referred to local Members of Parliament. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the matter be tabled for one week for further information. Carried Unanimously. No. 7 - City of Sarnia - Re: Recreation Grant 517. The communication asks Council to support a resolution to bring the matter of reduced Recreation grants to the attention of the Provincial Government and the Association of Municipal- ities of Ontario. ORDERED on the motion of Alderman Pay, seconded by Alderman Coville, that the resolution be endorsed. Carried Unanimously. No. 8 - The Niagara Peninsula Conservation Authority - Re: Reduced Standards for Flood Protection. The communication advises that a seminar will be held on February 4th, 1987 at 9:00 a.m. to assist the Municipalities in 'responding to a change in criteria with respect to proposed changes in the flood protection standard, and suggests that a representative of the Municipality attend the seminar. The Chief Administrative Officer advised that the Authority would like to have an elected representative as well as a member of Staff attend. Alderman Coyills stated that she would be attending an Environmental Seminar in Toronto and therefore could not represent Council. Alderman Hopkins volunteered to act on behalf of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be referred to the Environmental Committee. Carried Unanimously. No. 9 - The Chamber of Commerce Niagara Falls, Canada - Re: Niagara Falls Sanitary Landfill Site. The communication implies that the Ministry of the Environment has not approved the continued use of the present landfill site to a higher elevation, and expresses concern that the Municipality has not received a satisfactory or more detailed explanation from the Ministry. It was noted that the City has not received a definite reply from the Ministry. His Worship Mayor Smeaton stated that he had talked with Glenn Gandy, Executive Director of the Chamber of Commerce, and had clarified the situation. ORDERED on the motion of Alderman Baker, seconded by Alderman Hinsperger, that the Chamber of Commerce be provided with an accurate update on this matter. Carried Unanimously. No. 10 - The Chamber of Commerce Niagara Falls, Canada - Re: Transient Trader Licence. The communication suggests that a recommendation be made to the Ministry of Municipal Affairs and Housing that Section 232, Paragraph 17 of the Municipal Act regarding Transient Traders be amended and the licence fee be in- creased to a maximum of $5,O00.00. The Chief Administrative Officer explained the difficulties encountered by small businesses who must pay a $500.00 fee, and the impossibility of making a contribution in the amount of $5,000.00, which would be unfair. Alderman Baker referred to a friend who was opening a business in the City and who was not happy with the current $500.00 fee. His Worship Mayor Smeaton advised that he had spoken with Glenn Gandy on this matter also, and further, that he and the Chief Administrative Officer were scheduling meeting with the Chamber of Commerce for communication purposes. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the communication be referred to Staff for a report. The motion Carried with the following vote: AYE: Aldermen Campbell, Cheesman, Coville, Cummings, Harrington, Hinsperger, Hopkins, Janvary, Orr, and Pay. NAYE: Alderman Baker. No. 11 - Donton Board of Management - Re: 1987 Facade Study. The communication provides details regarding the proposed Study. Mr. J. Bell, Chairman, and Mrs. Margaret Nagy, of the Downtown Board of Management, were in attendance. In reply to questions raised, Mr. Bell advised that there would be no cost to the Municipality. ORDERED on the motion of Alderman Pay, seconded by Alderman Chessman, that the communication be received and filed. Carried Unanimously~ REPORTS 1x-87-2 - Chief Adm~nistrative Officer - Re: Correspondence from Insurance Brokers Association of Niagara Falls, dated December 2, 1986. The report recom- mends that a meeting of the Finance Committee be held on January 12, 1987, to discuss the issue of Agent of Record with the Insurance Brokers Association of Niagara Falls. Alderman Janvary declared a conflict of interest because her husband is in the dental profession. Mr. Robert Putt, First Niagara Insurance Brokers Inc., and Mr. Bob Graham were in attendance. Mr. Putt, representing the Insurance Brokers Association of Niagara Falls addressed Council, and conveyed the desire of the Association to be considered as the City's Agent of Record. He provided a brief history of the Association, and discussed its ability to act for the City in a satisfactory manner. In reply to questions raised, Mr. Putt stated that if appointed Agent of Record, the local Brokers would approach the market in the same manner as Ball-Harrison, the current Agent of Record, but that the local Brokers were unable to obtain quotations until they were appointed, and would like the opportunity to act on behalf of the City. In response to further questions, Mr. Putt stated that the local Brokers would not be "on equal footing" with Ball-Harrison during the presentations to be made at the upcoming Finance Committee meeting. -4- His Worship Mayor Smeaton expressed the opinion that the local Insurance Brokers should be on "equal footing" with Ball-Harrison of St. Cathartnes, the current Agent of Record, and was strongly opposed to the unequal footing of the local Brokers in this respect. He expressed his "disappointment with the procedure", and his concern that "everyone should have an equal opportunity to be Agent of Record". During the discussion, it was suggested that a proper procedure would be for all of the brokers to compete equally for Agent of Record, with qualifica- tions being forwarded to the Director of Personnel for assessment. His Worship Mayor Smeaton stated that it had been his understanding that this was the pro- cedure which would be followed this year, and that Councll had directed Staff to bring this matter forward not less than 60 days before a decision was made for the selection of an Agent of Record. He expressed concern that the work done by the current Agent of Record would be prejudicial and cause an inequality for local brokers. In reply to questions raised, the Personnel Director indicated that the tit ' corrent Agent of Record acts as a "consultant to the City and markets the y s group insurance to the insurance carriers, and recommends the best possible premiums available' to the City. He advised that two years ago the Finance Committee directed that renewal rates be submitted to the Finance Committee at least 60 days prior to any change in rate, and last year, as requested, a report on pollcy and procedure had been approved. The Personnel Director stated that quotations submitted to the current Agent of Record might jeopardize the position of local brokers attempting to obtain competitive bids, but would not Jeopardize their opportunity of becoming Agent of Record- He further stated that if a decision is made at the Finance Committee meeting for a change in Agent of Record, that Council would have the opportunity "to deal with this issue, and local brokers, prior to a full renewal report" being submitted by the current Agent of Record- Following further discussion, it was moved by Alderman Baker, seconded by Alderman Coville, 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, Cheesman Coville, Cummings, Herrington, Hinsperger, Hopkins, Orr, and Pay. NAYE| Alderman Campbell. F-87-01 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,367,801.93 for the period ending January 5, 1987 be approved by the passing of the by-law appearing later on the agenda. Alderman Campbell declared a conflict of interest on Cheque No- 21530 because the organization is a client. Alderman theeamen declared a conflict of interest on Cheque No. 21529 because his wife is employed by the Board. Alderman Herrington declared a conflict of interest on Gheque No. 21531 because he is employed by the Board. Alderman Hinsperger declared a conflict of interest on Cheque Non. 21508 and 21552 because he is employed by the company. Additional information was provided on Cheque Nos. 21503, 21576, 21596, 21615, 21625, 21638, and 21675. ORDERED on the motion of Alderman theeamen, seconded by Alderman Pay, that the report be received and adopted. The motion Carried with Aldermen Campbell, Cheesman, Herrington, and Hinsperger abstaining from the vote on Cheque Nos. 21530, 21529, 21531, 21508 and 21552 consecutively, on conflict of interest previously recorded; and with all others voting in favour. H-87-1 - Fayor Smeaton - Re: F.C.M. Membership. The report attaches correspondence from the F.C.M., including data regarding their membership, and asks Council to consider rejoining the organization- ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be referred to the Finance Committee for consideration. Carried Unanimously. C-87-2 - Chief Ad~nistrative Officer - Re: Regional Niagara Policy & Procedures Respecting the Use of Regional Roads for Community and Other Activity. The report recommends that Council support the recommendations con- tained in the Regional Niagara Report DEA-283. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that leave be granted to introduce the following by-law, and the by-law be read a first time: No. 87-1 - A by-law to provide monies for general purposes. ~he motion Carried with Aldermen Campbell, Cheesman, Harrington, and Hinsperger abstaining from the vote on conflicts of interest previously recorded in Report No. F-87~I; an~T'w'ith all others voting in favour. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cheesman, that the following by-law be read a second and third time: No. 87-1 - A by-law to provide monies for general purposes- .The motion Carried with Aldermen Campbell, Cheesman, Harrtngton, and Hinsperger abstaining from the vote on conflicts of interest previously recorded; and with all others voting in favour. NEW BUSINESS ITEMS OF CONCERN: A. Okinczyc, 7838 Oakwood Drive - A handout Memo was received from Mayor Smeaton regarding the attached letter from Mr- Okinczyc dated December 19th, 1986, advising that he had requested Staff to submit a report to Council with respect to this matter. The memo further stated tha~ Mr. Okinczyc was not assaulted in his office, but was requested to reave the Mayor~s office. ORDERED on the, motion of Alderman Cummings, seconded by Alderman Campbell, that the communication be received and filed. Carried Unanimously. The Queen Street (Ontario Ave. to Crysler Ave,) Community Improvement Plan - A handout presentation for the aforementioned was prepared by the City of Niagara Falls for submission to the Mlnistry of Municipal Affairs for the Commercial Area Improvement Program 1986-87. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the communication be received and filed. Carried Unanimously. Score Board/Time Clock - Niagara Palls Nemorial Arena - Alderman Campbell discussed complaints he had received regarding a recent 3unior "B" hockey game that the fans were unable to see the clock. Alderman Cummings advised that the replacement of lights in the clock was required each year, and discussed the difficulty of doing this. His Wo~sh~ Mayor Smeaton advised that the matter of concern would be inves~igate~:" '~' . · -6- Clarification/Procedure on Tabling Motions ' Alderman Pay requested clarification regarding the procedure on motions to table. His Worship M~yor Smeaton advised that a motion to table is non- debatable and takes precedence over any existing motion on the floor, and further, the motion to table should be seconded immediately. Christmas Tree Burning Ceremony - In response to an inquiry from Alderman Janvary, Alderman Cummings advised that the Annual Christmas Tree Burning Ceremony is scheduled for Sunday, January llth 1987 at the Firemen's Park. He stated that the skiing, toboganning and other events would begin at 2:00 p.m., and that refreshments would be served by the Stamford Centre Volunteer Firemen's Association. It was moved by Alderman Cummings, seconded by Alderman Orr, that the meeting adjourn to Committee of the Whole. Carried Unanimously. READ AND ADOPTED, WHOLE S. SMEATON Committee Room #1 January 5, 1987 Council met on Monday, January 5th, 1987 at 8:55 p.m- in Committee of the Whole, following a Regular Meeting. All members of Council, with the exception of Alderman Puttick, were present. Alderman Pay presided as Chairman. Following consideration of the , the Committee of the Whole arose without reporting. READ AND CITY CLERK MAYOR COUNCIL MEETING Council Chambers January 5, 1987 Council reconvened in formal session on Monday, January 5th, 1987, following a meeting in Con~nittee of the Whole. All members of Council, with the exception of Alderman Puttick, were present. His Worship Mayor Smeaton presided as Chairman. The meeting adjourned. READ AND ADOPTED, LERK MAYOR W: 8. SMEATON SECOND MEETING COMMITTEE OF THE WHOLE Committee Room #1 January 12, 1987 Council met on Monday, January 12th, 1987 at 7:00 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Puttick, were present. Alderman Orr presided as Chairman. Following consideration of the arose without reporting. READ AND-AD0~TED, ~sented, the Committee of the Whole MEETING Council Chambers January 12, 1987 Council met on Monday, January 12th, 1987, at 7:30 p.m. for the purpose of considering Planning Matters and regular business. All members of Council, with the exception of Alderman Puttick, were present- His Worship Mayor Smeaton presided as Chairman. Alderman Cummings offered the Opening Prayer. The City Clerk advised that the following items were being withdraw~ from the Agenda: 1) Adoption of the Minutes of January 5th, 1987 to be tabled one week for an amendment; 2) Achievement Awards Presentations tabled for one week; 3) Communication No. 1 from Evan E. Hughes, tabled; 4) Communication No. 4 from Clair Forbes, tabled; 5) Section No. 9 regarding Weed Inspector, deleted from By-law No. 87-4. REPORTS - PLANNING MATTERS ORDERED on the motion of Alderman Pay, seconded by Alderman Harrtngton, that PD-87-4, Zoning Amendment Application AM-37/86, Canadia, Dorchester Road be brought forward. Carried Unanimously. PD-87-4 - Chief Ad~n~strative Officer - Re: Zoning Amendment Application ~24-37/86, Cansdis, Dorchester Road. The report recommends the following: 1) That Council support the proposed amendment to the Official Plan and Zoning By-law for the residential use of the subject lands; 2)' That Council direct Staff to prepare the appropriate Official Plan and Zoning By-law amendments which reflect the application, submitted site plan and improved zone standards as detailed in this report; 3) Tht Council direct Staff to prepare an appropriate by-law to repeal the Interim Control By-law which presently applies to the property; 4) That the small triangle of land located directly south of the Dorchester Village Phase III subdivision, be rezoned from PI to RiB and incorporated as part of the Zoning By-law amendment; 5) That the condition of development, as outlined in the Technical Report, such as payment of fees for park purposes, expansion and renewal fees and so on, be applied at the time of the plan of condomfnium approval process. 2 - AND - Commntcatton No. 12A - Wllltam Jaggerd & Annette Bayes - Re: Proposed Official Plan Amendment, Part Township Lot 1t4, Dawson Street & Dorchester Road. The communication expresses opposition to the proposal because the owners of the subject lands had indicated in advertisements and slgns that the parcel would be prestigous, and further, that the project would have serious Implications on the re-sale of lots and lower the value of houses in the adjoining subdivision. - AND - Cosmunication No. 12B - Benito Del Vecchio - Re: Rezoning Application. The communication expresses concerns regarding the application because of the regulations followed in the building of homes in Dorchester Village, Southgate Avenue; and because of increased noise and traffic. -AND - Cozsmnicat~n No. 12C - llfredo Abbruscato - Re: Zoning change of the property East of Dorchester South of Dawson. The communication expresses strong opposition to the proposed rezoning because of building restrictions which were required in Dorchester Village Subdivision, and further, because the subject property was intended to be used for "low professional offices or stores". Concern was expressed regarding traffic congestion, school facilities, and playgrounds. - AND - Co~mntcatlon 000-002. The subject lands No. 12D - Virginia and Terry Cahill - Re: Roll #05'04'199- communication strongly objects to the proposed rezoning of the from Prestige Industrial to R4 and R5C. - AND - Communication No. 12E -Anthony Artista - Re: Proposed Rezoning. The communication strongly opposes the proposed rezoning of the property on Dorchester Road and Dawson Street, known as Canadia, because of the detrlmental affect on Dorchester Village and the entire area, i.e., devaluation of property, reduced privacy, and traffic congestion. - AND - Communication No. 12F - Mary & Joe Ippolito, and 62 ether identical letters - Re: Proposed Official Plan Amendment No. 157, Zoning Amendment Application AM-37/86, Dawson Street and Dorchester Road. The communication opposes the proposed development for the following reasons: advertised intention for prestige lots; detrimental affect of a townhouse development; inadequate school facilities; 10 storey apartment building causing lack of privacy to adjoining homes; strict restrictions in adjoining subdivision for prestige single family residential area; traffic congestion; and inadequate park areas. -AND - Commnication No, 12G - Regional Niagara Plsnn4ug & Development Department - Re: Preliminary Application/LM-37/86, Proposed Multi-Residential Development, Dorchester Road and Dawson Street. The communication advises that Regional Planning Staff are not opposed to the development, however, design details with respect to unit sizes, parking areas and access, and common facilities, should be considered by the Clty. - AND - Cosmlnication No. 12H - David G. Judge, B.Sc., M.Sc., P.Eng. - Re: Official Plan Amendment No. 157, Zoning Amendment Application AN-37/86. The communication opposes the application for the following reasons: Grouped Multiple Dwelling zone or a Residential Apartment zone was not discussed at a former public meeting on December 9, 1985 when Dorchester Village Phase III was rezoned from Prestige Industrial to Residential Single Family; the advertised intention was to develop the subject lands as PI; the Technical Report biased and incomplete". The communication attaches questions and states that these should have been addressed by the Planning Department. His Worship Mayor Smeaton declared the Public Meeting open, and explained the procedure of the Public Meeting under the Planning Act, 1983. The City Clerk advised that the intent of the application is to redssignets the subject lands from Industrial to Residential for the purpose of developing a 10 storey apartment building and 52 townhouse units, all within condominium ownership. He further advised that notification of the Public Meeting was forwarded by first class n~il, and a Notice appeared in the local newspaper on December 11, 1986. His Worship Mayor Smeaton received a positive response to his enquiry regarding the presence of the applicant or his agent. He received a positive response to his request for a show of hands from persons present in favour of or against the application. He asked that persons wishing to receive final notification should submit their names and addresses to the Clerk. Alderman Cummings declared a conflict of interest because he is employed with Acres, the firm involved in the application. The Planning Director discussed the location of the property with the assistance of posted sketches; explained the purpose of the proposal; and reviewed the following information contained in the Technical Report: Property Description, Official Plan Amendment; Zoning By-law Amendment; Surrounding Land Uses; Public Notification; and Planning Review, including the Interim Control Study, Industrial, Conunercial/Office, Residential, and Official Plan, During his discussion of the Application Assessment he explained in detail Separation Distances, Shadowing, Sight Lines, Proximity, Adjacent Land Uses, Noise Study, Access, Setbacks, Phasing, Landscaping and Site Plan Review. The Planning Director stated that an industrial or commercial/office use of the subject lands does not seem to be appropriate, and a residential designation should be considered because the subject site is central to the City and residential development is consistent with the residential usage of surrounding land and is compatible- The Planning Director responded to questions ratsed regarding the kinds of development which may be considered for this land zoned Prestige Industrial; the acoustics study; demand for residential property; and notification to the Planning Department regarding this application. Mr. P.R. Heath, Solicitor, addressed Council on behalf of a number of residents in the area who are in opposition to the application, and submitted a petition of opposition signed by 242 residents. He discussed the lack of noti- fication to residents in the area, and the Clerk explained the delay in receiv- ing the updated assessment roll, and attempts to keep the roll up to date in the Clerk's office. Mr. Heath further discussed the reliance of property owners in the Dorchester Village Subdivision on promotional material and information received from the developer that the subject lands would be used for a small mall or office- He questioned the sight lines; the berm with mature trees; marketing of the proposed condominium; the noise study and the affect on people who will reside in the development; traffic congestion; setbacks; and phasing. Mr. David Judge, 4993 University Avenue; Frances Azzano, 7215 Parkdale Street; Mr. P. Quaranta, 4964 Pettit Avenue; Mr. Wm. A. Chase, 7069 Briarwood Avenue; and Mr. William Jaggard, 5152 Cartsa Court; Tom Tracy, 4970 Dorchester Road, and many other concerned residents were in attendance to discuss their concerns and opposition to the proposal. They referred to the building restrictions in Dorchester Village Subdivision; the lack of prior knowledge with respect to the application; a contact by the developer after a neighbourhood meeting to discuss the change in zoning and misleading information received from the developer; increased noise levels; additional traffic; and the shadow affect of the apartment building on nearby properties. Mr. Judge discussed the information contained in his communication. The concerned residents asked Council to deny the application- Mr. Bob O'Dell, Planner, Miller O~Dell & Paul, St. Catharines, addressed Council on behalf of the developer. He referred to the contact received from the applicant in the summer of 1986 with the request for a review and study regarding land use on the subject property, discussed a number of land use alternatives which had been considered, and the proposed development in terms of compatibility with the surrounding area, as well as the need for condominium units for a growing "empty nester" population and young married working couples without children, both groups desiring accommodation not requiring personal maintenance. Mr. O'Dell discussed the square footage and costs with respect to the proposed units, and stated that "if the value of the project is comparable to the value of residences in the neighbourhood there is no negative affect and devaluation of property". He reviewed proposed landscaping, the condominium plan approval procedure requiring public input, the adequacy of the roadway for increased traffic; the adequate existing services; density; shadowing; noise; -4- and surrounding land uses; and replied to questions raised regarding the height of the proposed apartment and discussed the economic feasability of the proposal. He discussed the insufficient space for a central roadway for the purpose of development. Mr. Leonard Pennachetti, Canadia, discussed the standards in the Subdividers Agreement which had been set out by the Ministry of the Environment following an acoustical study completed by Acres. Following further discussion, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Baker, seconded by Alderman Orr, that the matter be tabled in order to give the applicant time to discuss the possibility of making revisions in regard to the proposed 10 storey apartment building to which area residents object. The motion Carrled with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Janvary, 0rr, and Pay. NAYE: Aldermen Coville, Harrington, Hinsperger, and Hopkins. His Worship Mayor Smeaton declared a five minute recess at 10:30 p.m. Following the 5 minute recess, Council reconvened in the Council Chambers for the balance of the meeting. P1}-87-1 - Chief Administrative Officer - Re: Public Meeting, Queen Street (Ontario Avenue to Crysler Avenue) Community Improvement 'Plan. The report recommends the following: 1) 2) That input received from citizens of Niagara Falls at tontght's Public Meeting regarding the proposed Queen Street (ontario Avenue to Crysler Avenue) Communit~ Improvement Plan be referred to Staff and the Downtown Revitalization Steering Committee for due consideration of appropriate modifications and refinements to the plan if required; That, barring any adverse comments from the public and agencies, the By-laws appearing on tonight's agenda designating the community improvement area and adopting the Queen Street (ontario Avenue to Crysler Avenue) Community Improvement Plan be approved; 3) That the approved By-laws designating the improvement area and adopting the Community Improvement Plan be forwarded to the Ministry of Municipal Affairs in fulfillment of the 1986/87 CAIP requirements. ~omunication No. 13A- lselia Svayze - Re: Proposed landscaping of Queen Street. The communication objects to the proposal, and suggests that the funds be used for apartment housing "to entice the younger population"~ - AND - ~osmunication No. I3B- T.W. Coertz, NanaBet, O.P. Facilities, Bell- Re: Draft Queen Street Community Improvement - Agency Comments. The communication advises that the Bell does not have any specific questions or concerns regarding the subject matter, and requests that they be advised of any conflicts or coordination required. His Worship Mayor Smeaton advised that this was a Public Meeting, and explained the procedure to be followed under the Planning Act,'1983. The Planning Director advised that the Notices of the Public Meeting had been forwarded 30 days in advance of the meeting, and further, that plans had been posted in a downtown location in order to provide an opportunity for interested persons to review the plans. A positive response was received to Mayor Smearouts request for a show of hands indicating the presence of persons in fayour of, or opposed to the proposal. His Worship Mayor Smeaton advised that notification will be given to persons indicating a desire for further notification of the passing of the by-law, and asked that all those interested in receiving additional information submit their names and addresses to the Clerk prior to leaving the mee~ine. 5 The Planning Director referred to the Planning Study prepared by City Staff for submission to the Ministry of Municipal Affairs for CAIP 1986-87, including types of improvements, underground services, sidewalks, improved design in construction materials, widening of certain sections of the block to accommodate street trees, provision for taxi facilities, the creation of a centralized pedestrian open area, possible closure of intersecting streets, and its intention to pursue that possibility in the next part of the development- Mr. Jack Bell, Chairman, and Mrs. Margaret Nagy, Coordinator, of the Downtown Board of Management, indicated their attendance and support of the project. There was a negative response to Mayor Smeaton's request for comments from persons present in opposition to the proposal; and since no further comments were forthcoming, he declared the Public Meeting closed- ORDERED on the motion of Alderman Htnsperger, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See By-law No. 87-2 and By-law No. 87-3. P1}-87-2 - Chief Administrative Officer - Re: Zoning Amendment Application AM-35/86, Ameri-Cana Motel Ltd., Imax Theatre, 5400 Robinson Street. The report recommends the following: 1) That Council support the proposed Zoning By-law amendment detailed in PD-86-148; 2) That Staff be directed to prepare the necessary Zoning By-law amendment for enactment at a subsequent Council meeting. Communication No. 14 - Regional Niagara Planning & Development Department - Re: Preliminary Application AM-35/86, Recognition of the Imax Theatre Property on Buchanan Avenue, south of Robinson Street- The communication indicates that Regional Planning and Public Works Staff have no objection to the severance. His Worship Mayor Smeaton declared the Public Meeting Open. The Clerk stated that the subject property has a frontage along the east side of Buchanan Avenue of 252.73 feet, and a depth of 362.31 feet, being 2.52 acres and irregular in shape. He further stated that the proposal is to amend the zoning of the subject lands by removing the Special Provisions applying to off-site parking and a variety of amusement and recreational uses, in order that the lands may become a free standing parcel, separate from other parcels owned by the applicants. The Clerk advised that Notices of the Public Meeting were mailed on December llth, 1986 by first class mail. His Worship Mayor Smeaton requested an indication of persons in attendance other than the applicant or his agent, in favour of, or opposed to the application, and received a negative response- Mr. A- MacBain, Solicitor indicated his presence on behalf of the applicant. His Worship Mayor Smeaton explained that the procedure to be followed would be similar to the previous applications, as required under the Planning Act, 1983. The Planning Director reviewed the subject property with the assistance of posted sketches, and discussed the purpose and reason for the proposal, including the following information contained in the Technical Report: Devel- opment Proposal; Zoning By-law Amendment; Official Plan; Surrounding Land Use; Departmental and Agency Comments; and Planning Review. There was a negative response to Mayor Smeatonts request for comments from persons in support of the application, and persons opposed to the proposal. Mr. A.A. MacBain indicated his acceptance of the Planning Director's submission. Since no further comments were forthcomings Mayor Smeaton declared the Public Meeting closed. -6 - ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. CD-87-01 - Chief Adainistrative Officer - Re: Proposed Plan of Subdivision "Harovics Subdivision", File No. 26T-86023. The report recommends that the Harovics Subdivision be given preliminary approval subject to the conditions enumerated in this report. Mr. Stewart Branscombe, of River Realty Development (1976) Inc. was in attendance to respond to questions raised. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. DEPUTATIONS By-law No. 86-240 - Adult Entertainment Parlouts - Communication No. 15A - Sam NrkalJ, Uncle Sam's Resort Hotor Hotel - Re: By-law No. 86-240. The communication advises that the Hotel had only recently ceased operating exotic entertainment temporarily, attaching a letter from Mr. Joseph Walker, and requesting an amendment to the aforementioned by-law in order that Uncle Sam's Resort Motor Hotel may be included in the area deflned under the by-law. -AND- Communication No. 15B - Nicholas Ktnov, Solicitor - Re: Lincoln Arms Tavern. The communication, on behalf of the Lincoln Arms Tavern, asks Council to reconsider and amend By-law No. 86-240. - AND - Co---,nicatlon No. 15C - David A. Crone, Solicitor - Re: Sam's Montrose Hotel/Motel and Uncle Sam's Hotel, requests that By-law No. 86-240 be amended to include both of the above mentioned parcels of land within the perimeter of the by-law. Mr. David Crowe, on behalf of Uncle Sam's Resort Motor Hotel advised that this property is contiguous to the Sundowner Inn which is included in By-law No. 86-240, discussed the temporary cessation of adult entertainment in order to conclude renovations, and suggested that this Motor Hotel not being included in the by-law was an "oversight", that the business is "grossly affected by the by-law, and requested that Uncle Sam's Resort Motor Hotel be included in the by-law. Mr. Crowe spoke on behalf of Sam's Montrose Hotel/Motel, as holder of the first mortgage. He advised that the mortgage was in default and steps were being taken to redeem the equity. He asked that this property be included in By-law No. 86-240, since the property is bounded by uses which are not incom- patible with adult entertainment. Mr. Minor, representing the Lincoln Arms Tavern, referred to the new owners' takeover of this Tavern in October 1986, and the Tavern being wlthin an area where adult entertainment is offered. He stated that this type of entertainment had previously been offered in the Lincoln Arms. During the discussion, it was suggested that the three properties be referred to Staff and dealt with separately. ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the three communications be referred to Staff for investigation and a report as soon as possible. Carried Unanimously. It was moved by Alderman Janvary, seconded by Alderman Cummings, that leave be granted to proceed past 11:00 p.m. The motion Carried with the following vote: .,. AYE: Aldermen Baker, Cummings, Harrington, Hinsperger, Hopkins, Janvary, and Pay. NAYM| Aldermen Campbell, Cheesman, Coville, and Orr. Licensing/Regulating of Cats - Mr. Ed Huntington, 4830 Ontario was not in attendance. Alderman Baker advised that the Humane Society Board had received a draft by-law from the City of Hamilton with respect to the Licensing/Regulating of Cats, and was taking this matter into consideration. He suggested that Mr. Huntington could be referred to the Board, to be included in their discussion regarding this matter. Alderman Baker further advised that the Humane Society Board would be submitting a report to Council for approval. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the matter be tabled. Carried Unanimously. COMMUNICATIONS Co~=aunication No. 16 - Ntnister of Municipal Affairs - Re: Ontario Municipal Training Program for 1987. The communication attaches a set of guide- lines describing the two-year training program, and advises that the Province will fund 50% of approved trainees' salaries and benefits for the first and second years of the contract, to maximums of $7,500.00 and $5,000.00 respectively- ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the communication be received and referred to Staff. Carried Unanimously. Co~,nication No. 17 - Ntnister of Municipal Affairs - Re: Municipal Administration Program. The communication advises that financial assistance will be provided to Municipalities willing to offer students practical exper- ience in local government. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and referred to Staff. Carried Unanimously. REPORTS B-87-01 - Chief Administrative Officer - Re: Buildings & Inspections Department Report for December 1986. The report provides information regarding Permits issued and Highlights for December 1986, as well as January 1987 Proposals. Alderman Janvary commended the Director of Buildings & Inspections on the excellent report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and filed. Carried Unanimously. ~W-87-02 - Chief Administrative Officer - Re: Contract G.C. 1-87 - Sewermains, Watermains & Base Road Construction in Kingsview Subdivision- The report recommends that the unit prices submitted by the low tenderer, Provincial Construction (Niagara Falls) Limited, be accepted and that this contract be awarded, subject to the receipt by the City of a Letter of Credit in satisfactory form from the Subdivider. ORDERED on the motion of Alderman Cummings, the amended report be received and adof}ed- seconded by Alderman Cheesman, that Carried Unanimously. See Resolution No. 1. See By-law No. 87-5. Nk~86-03 - Chief Administrative Officer - Re: Waste Management Improvement Program~ Fiscal Year 1987-1988. The report recommends that the Mayor and City Clerk be authorized to signs on behalf of the Municipality, the Ministry of the Environment form entitled "Appendix A", requesting financial assistance for work planned at the Mountain Road Sanitary Landfill Site. Alderman Cummings declared a conflict of interest because he is a member of an Association owning property in the area. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, 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. F-87-2 - Chief Adndnistrative Officer - Re: Municipal Accounts- The report recommends that the accounts totalling $468,351.22 for the period ending January 12th, 1987 be approved by the passing of the by-law appearing later on the agenda- Alderman Cummings declared a conflict of interest on Cheque No- 21768 because a member of his family is involved in the program. Alderman Harrington declared a conflict of interest on Cheque No. 21874 because a member of his family is involved. Alderman Hinsperger declared a conflict of interest on Cheque Nos. 21723 and 21746 because he is employed with the company. Additional information was provided on Cheque Nos. 21849 and 21874. ORDERED on the motion of Alderman Coville, seconded by Alderman Cheeaman, that the report be received and adopted- The motion Carried with Aldermen Cummings, Harrington, and Hinsperger abstaining from the vote on Cheque Nos.-21768, 21874, 21723 and 21746 consecutively, on conflicts of interest previously recorded; and all others voting in favour. RESOLUTION No. 1 - CUMMINGS - (:nRRSFAN - RESOLVED that the unit prices submitted by Provincial Construction (Niagara Falls) Limited, for Contract G.C. 1-87, Sewermains, Watermains and Base Road Construction in the Kingsview Subdivision, be accepted at the low tendered amount of $198,290.00; AND the Seal of the Corporation be hereto affixed- Carried Unanimously. No. 2 - PAY - ORR- RESOLVED that a message of condolence be forwarded to the family of the late Mr. Oliver W.Co Blake, a highly respected resident of the City of Niagara Falls, a former Manager of the Main Branch of the Canadian Imperial Bank of Commerce on Queen Street for many years; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 87-2 - A by-law to designate the City of Niagara Falls Commercial Area Improvement Program Area No. 2 (Downtown) as a Community Project Area. No, 87-3 - A by-law to adopt a Community Improvement Plan for the City of Niagara Falls Commercial Area Improvement Area No. 2 (Downtown). No, 87-4 - A by-law to provide for appointments to certain Boards, Commissions and Committees. No. 87-5 - 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 King's View Estates Subdivision. No, 87-6 - A by-law to provide monies for general purposes. -9- The motion Carried with Aldermen Cummings, Harrington, and Hinsperger abstaining from the vote on By-law No. 87-6 on conflicts of interest previously recorded in Report No. 87-2; 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. 87-2 - A by-law to designate the City of Niagara Falls Commercial Area Improvement Program Area No. 2 (Downtown) as a Community Project Area- No. 87-3 - A by-law to adopt a Community Improvement Plan for the City of Niagara Falls Commercial Area Improvement Area No- 2 (Downtown). No. 87-4 - A by-law to provide for appointments to certain Boards, Commissions and Committees. No. 87-5 - 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 King's View Estates Subdivision- No. 87-6 - A by-law to provide monies for general purposes- The motion Carried with Aldermen Cummings, Harrington, and Hinsperger abstaining from the vote on By-law No. 87-2, on conflicts of interest previously recorded; and with all others voting in favour. NEW BUSINESS ITEMS OF INTEREST: Niagara Falls InternationalMarketing Promotional Task Force - His Worship Mayor Smeaton advised that the aforementioned task force was set up at a meeting held January 5th, 1987, in connection with the Festival of Lights, to be co-chaired by Mayor O'Laughlin, Niagara Falls, N.Y., and Mayor Smeaton. Retiremont - Fire Chief [enneth W. Bowset - Alderman Janvary referred to the Information for Council letter from Fire Chief Bowset of the Niagara Falls New York Fire Department- His Worship Mayor Smeaton stated that he had forwarded a letter of appreciation from his office on behalf of Council. AnnUal Christms Tree Burning Ceremony - Alderman Cummings advised that the Annual Christmas Tree Burning Ceremony held at Firemen's Park on Sunday, January llth, 1987 was a success. He expressed appreciation that Mr. Peter Skowronek, Mr. John Collucci, Jr., Mr. Bruce Green, and Mr. Fred Hall, of the City of Niagara Falls Fire Department had volunteered to assist at the Ceremony. It was moved by Alderman Orr, seconded by Alderman Pay, that the meeting adjourn. Carried Unanimously. READ AND ADOP THIRD MEETING COMMITTEE OF THE WHOLE Committee Room #1 January 19, 1987 Council met on Monday, January 19th, 1987 at 7:00 p.m. in Committee of the Whole. All members of Council, with the exception of Aldermen Coville and Orr, were present. Alderman Puttick presided as Chairman. Following consideration of t e Rresented, the Committee of the Whole arose without reporting. ,~eb~A~p~, READ AND AD PT~D, ,II · ~ _ - WILl S. SMEATON Council Chambers January 19, 1987 Council met on Monday, January 19th, 1987 at 7:30 p.m. for the purpose of considering general business. All members of Council, with the exception of Aldermen Coville and Orr, were present. His Worship Mayor Smeaton preside~ as Chairman. Alderman Hinsperger offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the revised minutes of the meeting dated January 5th, 1987 be adopted, and the minutes of the meeting held January 12th, 1987, be adopted as printed. Carried Unanimously. PRESENTATIONS AGIIlY-V!~MT AWA~nS - ONTARIO BADMINTON ASSOCIATION CHAMPIONSHIPS 14~SS KATHLEEN HUNT, AND NR. JIM FAIRLEY, COACH - His Worship Mayor Smeaton presented Miss Kathleen Hunt, and Mr. Jim Fairley, Coach, with Achievement Awards on behalf of the community, and wished them continued success. Miss Hunt won the Girls Doubles Crown, Ontario Badminton Association Championships, on November 16th, 1986 in Niagara Falls, Ontario, in partnership with Bonnie Matsubayasm of Agincourt, Ontario. Mayor Smeaton reviewed the many other tournaments won by Miss Hunt. DEPUTATION PLUMBING & SE~]~R ~ORK - H~. CY McCUICAN - Communication No. 18 -Mr. Cy McGuigan - Re: Plumbing & Sewer Work. The communication expresses a desire to address Council regarding the subject mattar. Mr. McGuigan stated that contractors in the City had asked him to speak on their behalf with respect to work being done in the City without a licence. Me raised a number of technical issues of concern. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the matters of concern be referred to Staff for a report to Council and to Mr. McGuigan as soon as possible. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Cummings, Harrington, Hinsperger, Hopkins, Janvary, and Pay. NAYE: Alderman Puttick. -2- UNFINISHED BUSINESS No. 19 - The Corporation of the City of Stoney Creek- Re: Resolution Opposing Larger Truck Trailers on Ontario Highways- The communication asks Council to endorse a resolution to the Ministry of Transportation & Communica- tions expressing strong opposition to any legislative changes that would increase the risk factor to motorists using public highways in Ontario. ORDERED on the motion of Alderman Puttick, seconded by Alderman Pay, that the Ministry of Transportation & Communications, and the Ontario Good Roads Associa- tion be approached for comments on this matter. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cummings, Hinaperger, Hopkins, Janvary, Pay, and Puttick. NAYE: Aldermen Chessman, and Harrington- COMMUNICATIONS No. 20 - Ns. Claire Forbes, President, Nanpower Temporary Services - Re: Niagara Falls La Sertoma Club. The communication requests a lottery licence to raise funds. The Clerk provided background information regarding this applica- tion, and discussed the policy recommended by the Social Planning Council, and approved by a previous Council. Ms. Forbes provided an historical review of the Niagara Falls La Sertoma Club, stated that the request was for a bingo licence, and discussed the number of charities donated to by the Club. Aldermen Cummings, and Hinsperger, declared conflicts of interest because they are members of organizations which conduct bingos. Following a discussion, it was moved by Alderman Puttick, seconded by Alderman Campbell, that the application be approved. 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 Campbell, and Puttick. NAYE: Aldermen Baker, Cheesman, Harrington, Hopkins, Janvary, and Pay- ORDERED on the motion of Alderman Hopkins, seconded by Alderman Herrington, that the application be denied. It was further recommended that the matter be referred to Staff for a Report in March 1987, with comments to include the existing 5 year limitation for organizations. The motion Carried with Aldermen Cummings and Hinaperger abstaining from the vote on conflicts of interest previously recorded; and with the following vote: AYE: Aldermen Baker, Campbell, Chessman, Harrington, ~0pkins, Janvary, and Pay. NAYE: Alderman Puttick. No. 21 - Mr. Even E. Hughes - Re: Appointments to Boards & Commissions. The communication expresses opposition to the method by which Council makes appointments; and on behalf of small groups with an interest in culture, asks that Council reconsider its decision; and further that the resumes of all appplicants be made available, and applicants be given an opportunity to make presentations. Mr. Hughes was not in attendance ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the matter be tabled and referred to a future meeting. Carried Unanimously. No. 22 - hgiomml Niagara Public Work~ Department - Re: Water/Sewage Flows Report. The communication attaches Report DEP-2466, Water/Sewage Flows Monthly report for November 1986. ORDgRED on the motion of Alderman Pays seconded by Alderman Hinspergers that the communication be received and filed. Carried Unanimously. . · . · 3 -3 - No. 23 - People For Sunday Association of Canada - Re: Ontario Retail Business Holidays Act. The communication requests the comments of Council with respect to whether or not the Municipalities, rather than the Provincial Govern- ment, should be responsible for legislation governing retail store openings on Sundays and Holidays. ORDERED on the motion of Alderman Campbell, seconded by Alderman Cheesman, that the Provincial Government be advised of Council's interest in the matter, and indicate that this should be the responsibility of the Province. Carried Unanimously. No. 24 - Ontario Energy Board - Re: Expansion of the Natural Gas System in Ontario. The communication advises of a present review of the current gas system expansion of transmission, distribution and storage facilities and invites the participation of the Municipality. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the communication be received and filed. Carried UnanimouslyL No. 25 - The Royal Canadian Legion - Re: 50th A~nual Pilgrimage of the 40/8 Society. The communication requests a Parade Permit for the Annual Pilgrimage to be held on May 16th, 1987. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the request be approved in principle and referred to Staff for co-ordination. Carried Unanimously. No. 26 - St. Mary's Ilkrainian Catholic Church - Re: Anniversary of ' Independence of Ukraine. The communication asks Council to proclaim the week of January 24th to 31st, 1987, as "Ukralnian Independence Week". and further, requests participation in a flag raising ceremony. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the requests be approved subject to established policy. Carried Unanimously. No. 27 - Greater Niagara Big Sister Association - Re: "Big Sister Week". The communication asks Council to proclaim the week of February 8th to 14th, 1987 as "Big Sister WeeK". ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay. that the request be approved subject to established policy. Carried Unanimously. REPORTS R-87-02 - Chief Administrative Officer - Re: Monthly Public Swimming - Y.M.C.A. The report provides a year end report on the public swimming at the Y.M.C.A., and recommends that Council receive and file the information. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. P-87-O3 - Chief Admin~strative Officer to the Finance Committee - Re: Agent of Record for Employee Group Benefits. The report recommends that Council invoke the procedure to Appoint auAgent of Record for all municipal employee group benefits, and further, that the process commence immediately. Alderman Janvary declared a conflict of interest because her husband has an business interest in the dental profession. Alderman Pay declared a conflict of interest because he has a business interest. Aldermen Cummings advised that the report was considered and approved at the Finance Committee meeting held earlier today. ORDERED on the motion of Alderman Cummingss seconded by Alderman Harrington, that the report be received and adopted. The motion Carried with Aldermen Janvary and Pay abstaining from the vote on conflicts of. interest previously recorded; and with all others voting in fayour. -4- No. ~W-87-04 - Chief Administrative Officer - Re: Repairs to Garbage Packer ~336- The report recommends that the Chief Administrative Officer be authorized to have the motor rebuilt on packer #336 at a cost of $6,500.00. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. MW-87-05 (REVISED/HANDOUT) - Chief Ad~tnistrative Officer - Re: Building Permits on Lots 37 & 38, Kingsview Subdivision. The report recommends that the building permits be issued for the above named lots, subject to the builder, J.B. Kendall Homes Ltd., entering into an agreement with the City, such agreement to be prepared by the Subdivider. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the revised report be received and adopted. Carried Unanimously. No. F-87-03 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $2,146,880.49 for the period ending January 19th, 1987 be approved by the passing of the by-law appearing later on the agenda. Alderman Hinsperger declared a conflict of interest on Cheque No. 21892 because he is employed with the company. Additional information was requested on Cheque No. 21959. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Janvary, that Cheque No. 21959 be withheld until a report has been considered at the Municipal Works Committee regarding rural drainage matters- The motion was Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Cummings, Harrington, Hinsperger, Janvary, Orr, and Pay. NAYE: Alderman Puttick. Additional information was provided on Cheque Nos. 21880, 21900, 21947, 21990, and 22040. ORDERED on the motion of Alderman Puttick, seconded by Alderman Pay, that the report be received and adopted, subject to the motion on Cheque No. 21959- The motion Carried with Alderman Hinsperger abstaining from the vote on Cheque No. 21882, on a conflict of interest previously recorded; Alderman Hopkins voting contrary on Cheque No. 21998; and with all others voting in favour. No, F-87-04 - Finance Committee - Re: Committee Report - 1987 Risk Management Report. The report recommends that the 1987 Risk Management Report be received and approved. Alderman Pay declared a conflict of interest because he has a business interest. ORDERED on the motion of Alderman Cummings, seconded by Aldermmn Hinsperger, that the report be received and adopted. The motion Carried with Alderman Pay abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. 14-87-o2 - ~ayor Sanatom - 1986 Year End Report. The report is quoted as follows: "Members: It has been my policy for the past three years to bringin my overview of the previous year: A review of things positive and shortfalls as I see them and as they relate to Council"s Activities. The year 1986 was certainly a banner one for our community in terms of general economics. Niagara Falls, Ontario did indeed prosper and grow and, I believe, generally improve as a City. We are one of the most desirable commun- ities, I believe, in this Province in which to reside. -5- The work that this Council undertook and completed has had a very positive effect on the Community environment. Staff at all levels co-operated fully with Council in carrying out its policy decisions. For this team approach and commitment, I salute and thank Council and Staff. In my inaugural address of December 2, 1985, I listed some major goals of my administration for this term of office. They were: 1) Continued tourist development programs; 2) New Stepped up industrial programs; 3) Complete signing policy - addressing vehicular signing requirements for our Municipality as they relate to visiting and local motorists alike; 4) In depth environmental planning so that future generations would have the benefits of our stewardship; 5) A review of existing Municipal regulatory legislation, also a review of existing policies. (Certain policies relating to imposts are now in need of review. I believe this matter will have to be given priority, particularly in view of the fact that the Regional Municipality of Niagara is currently looking at impost fees). I noted that if by-law changes are necessary, then Council should initiate same. If existing legislation is to continue with- out change, it must be enforced. I believe that we have succeeded to date with these goals, although in the area of by-law review, I think we must proceed more quickly and in a more definitive manner. I intend to work with Staff in this area as a priority during 1987. Some of the specific accomplishments of the administration during its first year are as follows: 1) The completion of C.A.I.P. programs as listed: 2) 3) 4) 5) 6) C.A.I.P. I - Bottom of Queen Street, River Road to Erie Avenue; C.A.I.P. II - Queen Street Redevelopment, Erie Avenue to Ontario Avenue; C.A.I.P. III- Clifton Hill Improvements. Perhaps the most significant accomplishment with regards to these C.A.I.P. programs is the direct involvement of the various Business Associations helping themselves in a working partnership with the Municipality and the Province. The achievement of Joint resolutions on the Niagara River Environmental issue by the Joint Councils of Niagara Falls, New York and Niagara Falls, Ontario; The formation of a firm policy for the operation of bingo establishments within our Municipality; A new policy was adopted re replacement policy for equipment in the form of the Municipal Fleet Management Information System. Also, an important new system was developed and implemented to determine priorities in roadwork through a new pavement management program which will take some of the guesswork out of determining roadwork priorities. The initiation of a full scale recycling program which has made great strides in the area of waste management. We all recognize that future waste disposal facilities are a major concern to all area Municipalities in the Region. Our Municipal Works Staff, psrticularly through the efforts of Mr. Woodgate, were able to obtain Provincial monies, approximately 1/3 million dollars, for use primarily at the City's existing site. This has had a major impact in reducing the demands upon the 1987 budget for landfill expenditures. Major data processing improvements continue within all Municipal Departments, utilizing recently purchased systems equipment and new techniques. These new systems have significantly impacted upon departmental efficiency at City Hall; 7) Council has initiated the first Employee Appreciation Night, which was an unqualified success- An example of the commitment to employees past and present by this administration; 8) Council completed another state of complete Municipal reorganization by department with the Parks & Recreation/Cemetery change-over; 9) Council successfully addressed the question of the working relationships between the Niagara Falls Economic Development Agency and the Niagara Regional Development Corporation's programs and co-operative efforts. I believe there now exists a much better understanding mutually in the area of economic development; io) Council successfully addressed the difficult issue of the Municipal Bus Terminal location with a decision to relocate this facility in the core area. This positive step has already yielded considerable interest by developers in our downtown core area; 11) Perhaps most importantly, Council chose to review the budget procedure for 1987. This very positive move has resuited in a much less pressured deliberation in the area of Municipal finance. Also, through good solid budgeting by Staff and efficient decision making by Council, the estimated 1986 budget surplus of approximately $1,200,000 is expected. Conversely, we have not achieved all that we might in some areas, albeit small in number. My hope for an examination of existing policies and by-law review has not been achieved. No finger blame is shown here, but I shall attempt, as previously mentioned, to get this done during 1987. The matter of rural flooding has not been addressed, in my opinion, as quickly as it should have - again no finger of blame is pointed; it is simply a matter of priortizing Staff involvement. Completion of the studies necessary to implement remedial drainage programs for the rural areas should take place this year. The residents of the affected areas have been most patient to date and tangible evidence in the form of completed studies and a decision to proceed with remedial work must be an objective for 1987. For the coming year, the following goals will be priortized by my office: 1) Completion of a 1987 budget with an increase to the taxpayer of less than 5% for City spending. Preliminary estimates indicate that this can be done- 2) Seeing the successful completion of our ongoing Jr. "A" hockey deliberations; 3) The accomplishment of a successful looped people mover system, working with the Niagara Parks Commission and private industry and, of course, our Municipal Transit Commission; 4) Successful remedial action to contain the migration of leachate from the existing landfill site; 5) Review of future requirements regarding our Municipal landfill site; 6) The completion of the Municipal Commercial Study and the implementation of its findings; 7) Successful review of Municipal sports park facilities to accomplish what Council has deemed appropriate flexibility should other professional baseball clubs show an interest in our Oaken Park; 8) The completion of Chippawa area flooding remedial action so that those subdivision developments currently on hold in that area can proceed. 9) Completion of a Tourtsm Economic Impact Study with the Federal Government and the Niagara Falls Tourist Industry. This Study is now underway and will be most important to this City's future tourJam commercial growth. There may he other goals and initiatives that members of Council will wish to have added to this list and of course members can add to that list if they wish. -7- In retrospect, the key to our Municipality's continuing success is indeed the Council as individuals adding their personal areas of expertise and abilities to the general staffing team which makes up a Municipal Government. The four new Aldermen have shown great enthusiasm and ability over their first 13 months of involvement, and are certainly a great asset to this community. The old guard, as it were, and the new contingent have in my opinion given our community a great blend of old and new thinking, and I am very proud of my Council. Together we shall continue to provide the best possible Municipal Government at the least possible cost for our community." Alderman Chessman commended His Worship Mayor Smeaton on the excellent report. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the report be received and filed. Carried Unanimously. RESOLUTION No. 3 - JANVARY- CBMMINGS - RESOLVED that a message of condolence be forwarded to the family of the late Mrs. Emma Bearss, a very highly respected citizen, a very active participant in many local organizations for several years, the first woman to sit on the Council of the former Township of Stamford, a former Alderman on the City Council, and last year chosen to be named "Woman of the Year"; 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-law, and the by-law be read a first time: No, 87-7 - 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, Alderman Hopkins voting contrary as previously recorded, and subject to Cheque No. 21959 being withheld as previously recorded all in Report No. F-87-03; and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the following by-law be now read a second and third time: No. 87-7 - 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, Alderman Hopkins voting contrary as previously recorded, and subject to Cheque No. 21959 being withheld as previously recorded; and with all others voting in favour. NEW BUSINESS ITw_lt8 OF CONCERN: Sanitary Landfill Site - In response to an inquiry by Alderman Cummings, the Director of Municipal Works advised that the work being done an the front entrance to the landfill site was approved by Council on January 5th, 1987, and further, that the contract was expected to be completed by March 31st, 1987. Ministry of the Environment Co-Ordlnattng Comaittee on NlnSara Rlver Toxics ManaSement Plan - Alderman Hopkins advised that Alderman Covtlle and members of the Environmental Committee had attended the aforementioned meeting, on Tuesday, January 13th, 1987, and had presented the concerns of Council and the Committee in a written submission. He further advised that the presentation confirms Council'e concerns and interest in the Committee with the City of Niagara Falls, N.Y. -8- iTEHS OF XHTERKST: Niagara promotionAssociation/Niss Teen Niagara - Alderman Cummings discussed the crowning of Miss Kyra Lee as Miss Teen Niagara on Saturday, 3anuary 17th, 1987, at the Park Hotel, and asked that a letter of congratulations be forwarded to the Niagara Promotion Association. A1 Reid Hockey Tour~n~ent - Alderman Cummings referred to the A1 Reid Hockey Tournament which had taken place last weekend, its benefits to the City of Niagara Falls, and the con~aenda- tions which the tournament organizers had made concerning City Staff, costs and facilities in Niagara Falls. Niagara Women In Crisis - Woman of the Year - Alderman Cheesman advised that Niagara Women In Crisis had asked that members of Council suggest nominees to be considered for the honour of Woman of the Year Award for 1987- He further advised that the Awards Dinner would be held in March 1987, and invited all members of Council to attend. Gordon Singleton - Order of Canada - Alderman Pay asked that a letter of congratulations be forwarded to Gordon Singleton of Niagara Falls who has been awarded the Order of Canada- His Worship Mayor Smeaton advised that he had written to Mr. Singleton, on behalf of Council, a week ago, and that a copy would be forwarded to Council members. It was moved by Alderman Puttick, seconded by Alderman Baker, that the meeting adjourn. Carried Unanimousl S. SMEATON FOURTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 January 26, 1987 Council met on Monday, January 26th, 1987 at 7:15 p.m. in Committee of the Whole. Ai1 members of Council were present. Alderman Campbell presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, CLERK REGULAR MEETING Council Chambers January 26, 1987 Council met on Monday, January 26th, 1987 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 Coville 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 January 19th, 1987, be adopted as printed. Carried Unanimously. DEPUTATIONS SOCIAL PLANNING COUNCIL - STATUS REPORTS ON POVERTY AND HOUSING SUPPORT SERVICES - Commnication No, 28 - Social Planning Council of Niagara Falls - Re: A Housing Support Services Study, and A Poverty Study. The communication attaches copies of the studies referred to above. Mrs. Selina Volpatti reviewed the Housing Support Services Study of the level of support services available to the citizens of Niagara Falls, dated January 20th, 1987; and the recommendations contained therein with respect to the Ontario Government, and Social Planning Council of Niagara Falls. Mrs. Volpatti advised that the Committee was comprised of Mr. ~jec Greaves, Chairman; Mrs. Dianne Sheppard; Mrs. Emma Bptronello; Mrs. Isabelle Bald; Mrs. Sheila ~Rebstock; Mrs. Florence Robertson, and herself. Mr. Gary H. Enskat, Solicitor, and President Designate of the Social Planning Council of Niagara Falls presented the Poverty Study Reports which were prepared by the following Committee: Reverend Doctor Keith Knill, Chairman; Mr. Francis J. Matthews, Q.C.; Mr. James Rocca, Barrister; and himself. Alderman Cummings advised that the Annual Meeting of the Social Planning Council of Niagara is scheduled for Tuesday, Febuary 3, 1987, and invited all members of Council to attend. His Worship Mayor Smeaton expressed the appreciation of Council to the Social Planning Council for their efforts. ORDERED on the motion of Alderman Janvary, seconded by Alderman Marrington, that the communication and information be received and filed. Carried Unanimously. KINGSBRIDCB TNKATRK ON THE SQUARE - RKQUEST MONTE CAIII~ EVENT Cosmunication No. 29 - Tony Cudgin, Chairman, Monte Carlo Kvent Conm~ttee - Re: Monte Carlo Events. The communication requests the approval of Council to run three Monte Carlo events, in March, April and May, as part of a fund raising drive, and to have a Blackjack Toursamour within these Monte Carlo events. The City Clerk advised that this was a new event, to be held three nights each month for three months. He recommended that the application be approved in principle, and further, that Staff be instructed to forward the application to the Province. Alderman Cummings declared a conflict of interest because he is a member of an organization which conducts Monte Carlo Events. Mr. Tony Gudgin explained the need for a fund raising drive, reviewed the procedure for a Blackjack Tournament within the Monte Carlo events, and requested the approva~ of Council. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Hinsperger, that the request be approved in principle, and Staff be instructed to forward the application to the Province- The motion Carried with Alderman Cummings abstain- ing from the vote on a conflict of interest previously recorded; and all others voting in favour. REPORT His Worship Mayor Smeaton suggested that the following report be brought forward. CD-87-04 - Chief Administrative Officer - Re: AM-26-86, Restricted Area By-law No. 86-259, Proposed Hotel & Restaurant, South Side of Lewis Avenue. The report recommends that Council reaffirm its approval of By-law No. 86-259 and direct the Clerk to forward the By-law along with the three letters of objection to the Ontario Municipal Board with the request for a public hearing- Representatives of E.H. Ferree Company Limited, Nabisco Brands Inc., and American Can Canada Inc., now Onex Packaging Inc., were in attendance. Alderman Coville declared a conflict of interest because her husband is employed with American Can Canada Inc., now Onex Packaging Inc. Alderman Pay declared a conflict of interest because his daughter is employed with Nabisco Brands Ltd. Mr. P.D. Sullivan, Solicitor on behalf of E.H. Ferree Company Limited, provided historical information regarding zoning in the subject area; discussed the Notices of the Public Meeting not having been received by E.H. Ferree, Nabisco Brands Inc., and American Can Canada Inc., now Onex Packaging Inc.; referred to proposed expansion of E.H. Ferree Company Limited, and closure of the St. Catharines plant; discussed anticipated parking and traffic problems if the proposed hotel and restaurant is approved, as well as the incompatibility of this project being built adjacent to the industries referred to previously. Members of Council noted that the building on the subject property had been vacant for some time, and had been posted for sale. During further discussion, the Chief Administrative Officer suggested three alternatives: (1) rescinding the by-law; (2) allow the matter to go to the Ontario Municipal Board for a Hearing; and (3) refer the matter to Staff for ~ -compromise resolution between the objectors and the applicant. Mr. Max Bacon, Planning Consultant with Proctor & Redfern, Toronto, on behalf of Nabisco Brands Inc., explained that the Notice of the Public Hearing had been forwarded to Toronto and "got lost in the works"; discussed the activities of the company in Niagara Falls since 1906; the employment of 250 workers on a 24 hour per day operation, 7 days a week. He reviewed further historical data in connection with the plant, its monetary value and proposed expansion plans. Mr. Bacon discussed the incompatibility of the industrial traffic at the three industrial plants, with the proposed hotel and restaurant project, as well as the anticipated conflicts and problems this will cause. He discussed the zoning designation in the area; and his contacts with the City in connection with a review of the Official Plan policies. -3- The Planning Director explained that the Official Plan of Niagara Falls completed in 1967, established a planning program for the subject area as a Tourist Commercial area. He discussed the central industrial sites; surrounding family residences which are incompatible with industry and were rezoned for Tourist Commercial purposes; the long standing hotel operations in the area; and the group of tourist development nearby. The Planning Director suggested that if a future study is required, Council should direct that the study be done for the whole area. Mr. Gerry Elford, General Manager of American Can Canada Inc., now known as Onex Packaging Inc., discussed concern regarding traffic change from industry to additional congestion with respect to access to industrial properties. He further discussed the shared entranceway with Nabisco Brands Inc., in terms of heavy shipments and truck vehicles carrying larger pieces of equipment. Mr. Elford expressed further concern regarding the parking situation, as well as "harmony" with surrounding properties. Mr. Peter S. Mann, Solicitor, represented Mr. Spadafora, the applicant- He reviewed the applicantls actions taken with respect to the proposal; discussed the previous ownership of the subject lands by American Can; referred to ten non-industrial businesses in the area; homes in the area which might be utilized for parking purposes; and asked Council to forward the matter to the O.M.B. Following further discussion, it was moved by Alderman Cummings, seconded by Alderman Harrington, that the matter be tabled for two weeks for further information from Staff. The motion Carried with Aldermen Coville, and Pay abstaining from the vote on conflicts of interest previously recorded; and with the following vote: AYE: Mayor Smeaton, and Aldermen Baker, Cummings, Harrington, Janvary and Puttick- NAYE: Aldermen Campbell, Cheesman, Hinsperger, Hopkins and Orr. UNFINISHED BUSINESS SBVBRANCB APPLICATION B-6~4/86, C & B WOOD, HAIN STREET (CHIPPAWA) - ~fi~-87-06 - Chief Adainistrative Officer - Re: Severance Application B-644/86 for C & B Wood on Main Street (Chippawa) - Charge for Sidewalk. report recommends that: The l) 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; and 2) The sidewalk deposit be returned if the forthcoming review of the impost policy, which includes sidewalk requirements, results in changes to conditions of approval for severance applications such as B-644/86 as they relate to sidewalk deposits- ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Coville, Cummings, Hinsperger, Hopkins, Janvary, Orr, Pay, and Puttick. NAYE: Alderman Marrington. COMMUNICATIONS No. 30 - Rvan g. Hughes - Re: Appointments to Boards & Commissions. The communication expresses opposition to the method of making appointments, and on behalf of small groups with an interest in culture, asks Council to reconsider their decision, and further, that the resumes of all applicants be made avail- able and applicants be given the opportunity to make presentations. -4- -5- Mr. Hughes was in attendance, and addressed Council regarding his concerns with respect to the "apparent imbalance' in connection with the appointment to the Recreation Commission of persons interested in cultural pursuits as opposed to sports. Members of Council pointed out the interest of the Recreation Commission in the Niagara Falls Music Theatre, the Kingsbridge Theatre on the Square, the Musicians Union, the Art Gallery on Lundy's Lane in the Recreation building; explained the procedure regarding requests for financing; and advised that Council could not reconsider its decision with regard to appointments. It was suggested that additional information might be requested on the application form in terms of goal suggestions for the Committees. ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. No. 31 - David A Crows, Solicitor, Slovak, Sinclair, Crowe, Mann, Stockton & Henderson - Re: Prepaid Parking Stickers. The communication requests prepaid parking stickers for members of the law firm who are appearing in Court. Mr. Crowe discussed the parking difficulties encountered in order to attend Court. The Chief Administrative Officer advised that the matter had been discussed by the Parking & Traffic Committee, and reviewed the problems related to parking stickers issued under the by-law, and referred to the parking lot being developed on Erie Avenue. During the discussion it was suggested that the building which is used for the parking of city vehicles during the night, might be used by Solicitors and Police Officers for parking purposes during the day. ORDERED on the motion of Alderman Pay, seconded by Alderman Cheesman, that the matter be referred to Staff for a full report in two weeks. Carried Unanimously. Uncle Samss Resort Motor Hotel - Subsequent to the discussion regarding the above matter, Mr. Crowe requested information regarding the report to be submitted by Staff with respect to Uncle Sam's Resort Motor Hotel which had been considered at the Council meeting held January 12th, 1987. The Planning Director advised that the Planning Department was awaiting additional information from Mr. Crows in order to complete a report. No. 32A- Broderick, McLeod, Clifford, Marineill, Amadio & Sullivan - Re: Oakes Drive Motel Limited & Portage Road. The communication objects to the possibility of the closing of Portage Road because it is essential to the successful continuance of business operations for the Oakes Drive Motel Limited. No. 32B - Tour Host Motor Hotel - Closing of Portage Road. The communication opposes the road closing and states that the "closing of Portage Road from Marineland Parkway to Buchanan Avenue would result in lost dollars for all service establishments in Niagara Falls, and lost dollars result in lost employment for our community as well as lost tax dollars for our City". No. 32C - gkylon Tower - Re: Closing of Portage Road. The communication expresses opposition to the proposed closing of Portage Road from Marineland Parkway to Oakes Drive for safety reasons, and advised that "a favourable decis- ion to keep this roadway open will go a long way to help the efforts of busi- nessmen in Chippawa and the Fallsview area in their efforts to encourage tourists to spend more time in Niagara Falls. No. 32D - Mlnolta To~er Centre - Re: Livingstone Street/Oakes-Drive. The communication expresses concerns regarding the possible closing of Livingstone Street and interference with Oakes Drive. Mr. Mac Ricci, owner of the Oakes Drive Motel Limited was in attendance. His Worship Mayor Smeaton explained recent actions taken by Staff regarding major road repairs in the area and the concern with respect to public safety, as well as the priority in resolving the problems. It was noted that all letters have been acknowledged and the writers provided with a status report on the subject matter- ORDERED on the motion of Alderman Orr, seconded by Alderman Cheesman, that the matter be referred to future deliberations on the subject matter. Carried Unanimously. No. 33 - Cnnndtan Transport Commission - Re: Crowland Avenue/Biggar Road Crossing. The communication advises of proposed improvements to the railway crossing at Crowland Avenue and Biggar Road, and indicates that the City and the Region will be asked to each contribute 6 1/4% toward the installation cost of the proposed protective devices. ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the communication be received and filed. Carried Unanimously__- No. 34 - Regional Niagara Office of the Clerk - Re: Third Quarter 1986 Building Permit Activity Report. The communication attaches Report DF87-7 regarding the subject matter. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be received and filed. Carried Unanimously__. No,35 - Niagara Flames Hockey Club - Re: Bruce Gamble Hockey Tournament - March 13, 14, and 15, 1987. The communication requests a Special Occasion - Permit for the aforementioned Tournament to be held at the Jack Bell and Stamford Arenas. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the request of Mike King, President of the Niagara Flames Hockey Club, for a special occasion permit for the Bruce Gamble Hockey Tournament, to be held at Jack Bell and Stamford Arenas, Niagara Falls, on March 13th, 14th, and 15th, 1987 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 - Canadia Niagara Falls Limited - Re: AM-37/86, Dorchester Road at Dawson, Applicant - Canadia Niagara Falls Ltd. The communication requests the approval of Council to hold a public meeting on February 23rd, 1987, and advises that revisions have been made with regard to the proposed apartment building by reducing the height of the building to eight stories, thereby reducing the apartment condominium units to 78. Mr. Cummings declared a conflict of interest because the firm with which he is employed has an interest. Mr. John Pennachetti, and Ms. Helen Young were in attendance on behalf of Canadia Niagara Falls Limited. Ms. Young advised that Canadia representatives have met with Mr. Heath, Solicitor representing interested citizens, as well as Staff, and further, that the revised proposal appeared to satisfy some of the concerns. She asked that' a Public Meetlug be scheduled for March 9th, 1987. During the discussion, it was established that the interested residents who had artended the previous meeting should receive a Notice of the Meeting in order to be in attendance. ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the approval be granted to accede to the request of the proponent to return to Council for a further Public Meeting on March 9th, 1987. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded, and all others in favour. -6- Nov 37 - The Corporation of the City of Nindsor - Re: Surtax/Automobiles with Air Conditioning. The communication asks Council to endorse a resolution to the Federal Government to reacind the special surtax on automobiles with air conditioning. Alderman Puttick declared a conflict of interest because he is employed with an agency selling cars. It was moved by Alderman Pay, seconded by Alderman Orr, that the matter be referred to the Federal Member of Parliament for action and comments. ORDERED on the motion of Alderman Harrington, seconded by Alderman Cheesman, that an amendment be made to the motion to endorse the resolution- The amendment Carried with Alderman Puttick abstaining from the vote on a conflict of interest previously recorded; and with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Coville, Cummings, Harrington, Hinsperger, Hopkins, Janvary, and Pay. NAYE: Alderman Orr. The motion to refer the matter to the Federal Member of Parliament Carried with Alderman Puttick abstaining from the vote on a conflict of interest previously recorded, and all others voting in favonr. REPORTS PD-87-05 - Chief Administrative Officer - Re: P.R.I.D.E. Program Application in the Downtown. The report recommends the following: 1) That the attached P.R.I.D.E. application and supporting documentation outlining a Downtown Improvement Program, totalling $2,075,000.00, be approved by Council for submission to the Ministry of Municipal Affairs by the January 31, 1987 deadline date; (NOTE: A Resolution regarding the City's participation in the P.R.I.D.E. program has been placed on tonight's agenda for adoption by Council). 2) That a copy of this report and application be forwarded to the Regional Municipality of Niagara for information. ORDERED on the motion of Alderman Orr, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. See Resolution No. 4. 16/-87-08 - Chief Administrative Officer - Re: Agreement with Robert C. Martin of 7653 Mulhern Street. The report recommeuds that Council pass the by-law authorizing the execution of the Agreement. ORDERED on the motion of Aldermau Hinsperger, seconded by Alderman Janvary~ that the report be received and adopted. Carried Unanimously. See By-law No. 87-8, F-87-05 - Finance Comfittee - Re| Finance Committee Reports. The report recommends the following: 1986 tax Roll Adjustment - - that the 1986 Tax Roll Adjustment be approved as presented; 2) 1987 ~MO Hesbership - - that the invoice for 1987 AM0 membership in the amoun~ of $3,767.66 be approved; 3) 1987 FeN Membership - - that the invoice for 1987 FCM membership in the amount of $5,685.00 be approved; H~ited Nay Campaign - Arena Rental Charges - - that a contribution in the amount of $1,055.00 be made to the 1986 United Way Campaign; 5) Niagara Regional Science and Engineering Fair - - that the request for a donation for the Niagara Regional Science and Engineering Fair be denied; Association of K~tnsmen Clubs - - that the request for sponsorship of an advertisement in the Association of Kinsmen Clubs' KIN Magazine be denied- Following a discussion regarding Item No. 3, it was moved by Alderman Puttick, seconded by Alderman Orr, that the matter be tabled for further infor- mation from Staff. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Coville, Cummings, Harrtngton, Hinsperger, Hopkins, Orr, Pay, and Puttick. NAYE: Aldermen Cheesman, and Janvary. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington that recommendations in Item Nos. 1, 2, 4, 5, and 6, be received and adopted. The motion Carried with Alderman Pay abstaining from the vote on Item No. 4, on a conflict of interest previously recorded; and with all others voting in favour. F-87-06 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,572,458.30 for the period ending January 26th, 1987 be approved by the passing of the by-law appearing later on the agenda. Alderman Cummings declared a conflict of interest on Cheque No. 22104 because a member of his family is involved in the program. Alderman Hinsperger declared a conflict of interest on Cheque No. 22077 because he is employed with the company. Additional information was provided on Cheque No. 22141. ORDERED on the motion of Alderman Chessman, seconded by Alderman Pay, that the report be received and adopted. The motion Carried with Aldermen Cummings, and Hinsperger abstaining from the vote on Cheque Nos. 22104 and 22077 consecutive- ly, on conflicts of interest previously recorded; and with all others voting in favour. CD-87-O2 - Chief Administrative Officer - Re: Policy For Disposal of Municipal Property. The report recommends that the procedure for disposing of surplus municipal property presently being used by Staff and outlined in the attachments be adopted by Council as official policy and placed in the Policy and Procedural Manual. (See Policy sheets attached). ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously~ RESOLUTION No. 4 -C~NGS - COVILLK- RESOLVED that the City of Niagara Falls participate in the Province of Ontariots PRIDE program by approving the PRIDE Application outlining a Community Improvement project totalling $2,075,O00.00 for the Downtown in an area designated Community Improvement Area Project Area No. 2, By-law 87-2; and that the approved PRIDE Application be submitted to the Ministry of Municipal Affairs prior to the January 31, 1987 deadline date; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. -8- BY-LAW~ 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. 87-8 - A by-law to authorize an agreement with Robert Charles Martin. No. 87-9 - A by-law to authorize an agreement with J.B. Kendall Homes Ltd. et al- No. 87-10 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cummings, and Hinsperger abstaining from the vote on By-law No. 87-10, on conflicts of interest previously recorded in Report No. F-87-06; 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. 87-8 - A by-law to authorize an agreement with Robert Charles Martin. No. 87-9 - A by-law to authorize an agreement with J.B. Kendall Homes Ltd. etal. No. 87-10 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cummings, and Hinsperger abstaining from the vote on By-law No. 87-10, on conflicta of interest previously recorded; and with all others voting in fayour- -9- ORDERED on the motion of Alderman Cheesman, seconded by Alderman Janvary, that approval be granted to approach the Royal Family in this regard. Carried Unanimously. It was moved by Alderman Cummings, seconded by Alderman Hinsperger, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, NEW BUSINESS ITIDLS OF CONCERN: Report from Staff/Co~sittee of Adjustment Increases - In reply to an inquiry by Alderman Cummings, the Chief Administrative Officer advised that a report has been prepared to be submitted to the Finance Committee for consideration, and subsequent submission to Council, with respect to an increase in per diem rates, and whether per diem rates can be treated as expenses for income tax purposes. He further advised that he had been in contact with the Income Tax Department, Chairman of the Committee of Adjustment,. and other Municipalities for additional information included in the report. Alderman Cummings requested that the report should be submitted to Council for cconsideration next week. Hawker & Fedlet/Sale of Fish - Alderman Marrington asked if the Clerk was aware of the sale of fish products in the City recently by outside salesmen. The Clerk advised that a license had not been issued and he had been unaware of the situation. Alderman Janvary suggested that when it is noted that selling from a car or truck is taking place, the Clerk should be notified. Fund isislug/Cataract Bowl - Alderman Campbell advised that a child had been selling tickets at his home this evening, on a Bowl-A-Thou to raise funds for Cataract Bowl, and asked the Clerk to investigate the legality of this matter. ITEM OF INTBnaST~ Invitation/Royalty to Niagara Falls - Mis Worship Mayor Smeaton discussed the possibility of HRH Prince Andrew and the Duchess of York visiting Canada to attend the 28th running of the Queents Plate. Re suggested that an invitation should be extended for the royal couple to visit Niagara Falls. . , · , 9 FIFTH MEETING COb~ITTEE OF THE WHOLE Committee Room #1 February 2, 1987 Council met on Monday, February 2nd, 1987 at 7:15 p.m. in Committee of the Whole. All members of Council were present. Alderman Hopkins declared a conflict of interest and retired from the meeting. Alderman Harrington presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, MAYOR S. SMEATON REGULAR MEETING Council Chambers February 2, 1987 Council met on Monday, February 2nd, 1987 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 Baker 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 January 26th, 1987, be adopted as printed. Carried Unanimously. WELCOME FOI]RI~t NIACARA SCOD~ TROOP - His Worship Mayor Smeaton welcomed Scout Leader Kathy Becevel, and Boy Scouts of the 4th Niagara Scout Troop to the meeting. DEPUTATIONS NI.A~ARA TRANSIT & NIACABA CHATR-A-VAN - ANNUAL REPORTS - Co~nication No. 38A - K. Dubois, Chairman, Niagara Transit - Re: Financial Statement/1986. The communication attaches the statement of affairs of the Greater Niagara Transit Commission for the year ending December 31, 1986. - AND - Cossm~nication No. 38B - K. Dubois, Chairman, Niagara Chair-A-Van Management Board - Re: Financial Statement/1986. The communication attaches the statement of affairs respecting transportation of the physically handicapped for 1986. Mr. Dubois introduced Mr. Guy Prata, Mr. Don Pierson, and Mr. Rudolph Meuser, Members of the Transit Commission; and Mr. J.T. McMahon, Manager, Mr. T. Librock, and Mr. Bob Hawes of Niagara Transit. Me responded to questions raised regarding the Chair-A-Van service in the community. The Niagara Transit Commission and Management Board of Chair-A-Van, as =well as Staff were commended on their activities. ORDERED on the motion of Alderman Cummings~ seconded by Alderman Campbell~ that the communications be received and filed. Carried Unanimously, -2- REPORT ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that Report PD-87-08 be brought forward. Carried Unanimously. PD-87-08 - Chief Adm~nistrative Officer - Re: By-law 86-240; Uncle Sam's Resort Motor Hotel. following: Adult Entertainment Parlours The report recommends the 1) That Council support the inclusion of Uncle Sam's Resort Motor Hotel into By-law 86-240, being a by-law defining areas in which adult entertainment parlouts may operate; 2) That Staff be directed to prepare the appropriate by-law for consideration by Council at the next meeting of Council. Mr. David C[owe, Solicitor for the owners of the above named establishment, was in attendance. ORDERE~ on the motion of Alderman Pay, seconded by Alderman Orr, that the report be received ~n~ ~a0~[ed. ~Carried Unanimously. COMMUNICATIONS No. 39 - ~eglonal Niagara Office of the Clerk- Re: 1987 Interim Levy By-law. The communication encloses By-law 4509-87 entitled, "A By-law to Provide for an Interim Levy Against the Area Municipalities in the Year 1987". ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. No. 40 - ~egional Niagara Office of the Clerk - Re: 1987 Water Rates. The communication encloses By-law 4512-87 entitled, "A By-law to Fix the Rates to be Charged for Water Supplied to Area Municipalities During the Year 1987". ORDERED on the motion of Alderman Pay, seconded by Alderman Hinaperger, that the communication be received and filed. Carried Unanimously. No. 41 - Regional Niagara Office of the Clerk - Re: 1987 Sewage Rates. The communication encloses By-law 4511-87 entitled, '~ By-law to Fix the Rates to be Charged for Sewage Received from Area Municipalities During the Year 1987". ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. No. 42 - Andrew Douglas Henderson, Solicitor, McBurney, Durdan, Henderson & Corbett - Re: Proclamation request. The communication asks Council to proclaim the February 8th, 1987 as "World Marriage Day". ORDERED on the motion of Alderman Pay, seconded by Alderman Janvary, that the request be approved subject to established policy. Carried Unanimously. No. 43 - Niagara Falls Chapter, Heart & Stroke Foundation of Ontario - Re: Proclamation request. The communication asks Council to proclaim the month of February 1987 as "Heart and Stroke Month". ORDERED on the motion of Alderman Pay, seconded by Alderman Janvary, that the request he approved subject to established policy. Carried Unanimously. No. 44 - Bulgarian National Front, Inc. - Re: Proclamation request. The communication asks Council to proclaim March 3rd, 1987, as "Bulgarian Independ- ence Day", and invites }fayor Smeaton to be Guest of Honour at the Celebration on March 7ths 1987 in New York City. His Worship Mayor Smeaton advised that he would be unable to attend. ORDERED on the motion of Alderman Pay, seconded by Alderman Janvarys that the request be approved subject to established policy. Carried Unanimously. No, 45 - The Ontario Historical Society - Re: Proclamation request. The communication asks Council to proclaim February 16th, 1987 as "Heritage Day". ORDERED on the motion of Alderman Pays seconded by Alderman Janvary, that the request be approved subject to established policy. Carried Unanimously. -3- No. 46 - Niagara District Airport Com~ssion - Re: 1987 Budget. The communication attaches copies of the budget and auditor's statement for consid- eration and acceptance. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the communication be referred to the Finance Committee for consideration during budget deliberations. Carried Unanimously. No. 47 - The Niagara Peninsula Conservation Authority - Re: Reduced Standards for Flood Protection. The communication attaches a copy of the Region's resolution concerning the aforementioned, and asks the Municipality to forward a resolution in this respect to the N.P.C.A. office. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be referred to Staff. Carried Unanimously. REPORTS P-87-06 - Chief Administrative Officer - Re: Report of the Employee Suggestion Committee. The report recommends that Council approve the Employee Suggestion awards as set out in this report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. F-87-07 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $617,739.89 for the period ending February 2, 1987 be approved by the passing of the by-law appearing later on the agenda. Alderman Campbell declared a conflict of interest on Cheque No. 22190 because the organization is a client. Alderman Cheesman declared a conflict of interest on Cheque No. 22262 because his wife is employed by the Board. Alderman Cummings declared a conflict of interest on Cheque No. 22228 because a member of his family is involved in the program. Alderman Hinsperger declared a conflict of interest on Cheque Nos. 22168 and 22211 because he is employed with the company. Alderman Hopkins declared a conflict of interest on Cheque No. 22185 because a member of his family is employed under contract with the firm. Additional information was provided on Cheque Nos. 22178, 22188, 22216, and 22289. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report he received and adopted. The motion Carried with Aldermen Campbell, Cheesmans Cummings, Hinsperger, and Hopkins abstaining from the vote on Cheque Nos. 22190, 22262, 22228, 22168, 22211 and 22185, consecutively, on conflicts of interest previously recorded; and with all others voting in fayour. F-87-03 - Finance Committee - Re: Renewal Rates for Employee Group Benefits. The report to the Finance Committee recommends the following: 1) That the City of Niagara Falls continue its benefit coverage for Life, Health Care and Dental bensifts with Aetna/Excelsior Life on a month to month basis; 2) 3) That a detailed analysis be completed of the North American Life proposal immediately following the appointment of an Agent of Record.; That the Long Term Disability Plan currently with Canada Life, be reviewed with Canada Life, Aetna/Excelsior, and North American Life and placed with the most competitive carrier who is able to provide satisfactory coverage immediately following the appointment of aB Agent of Record. -4- Alderman Janvary declared a conflict of interest because her husband is a dentist. Alderman Pay declared a conflict of interest because he has a business interest- Alderman Cheesman advised that the Finance Committee had supported the report with a majority vote- ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the report be received and adopted- The motion Carried with Aldermen Janvary and Pay abstaining from the vote on conflicts of interest previously recorded; and with all others voting in favour. C-87-O3 - Chief Administrative Officer - Re: Committee of Adjustment Remuneration. The report recommends that By-law 75-172 being a by-law to provide for the remuneration of the members of the Committee of Adjustment be amended to provide that the members be paid at the rate of $40.00 per meeting and the Chairman at $50.00 per meeting, the said increases becoming effective on January 1, 1987. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted- Carried Unanimously. RESOLUTION Ho. 5 - CHEBSNAN - HINSPERGEK - RESOLVED that Alderman Norman Baker be appointed Acting Mayor in the absence of His Worship Mayor William S. Smeaton, from Saturday, February 14th, 1987 to Saturday, Febrnary 21st, 1987, inclusive; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. 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: 87-11 - A by-law to amend By-law No. 79-200, as amended. (First Niagara Boy Scout Hut - Report PD-86-142 approved by Council 1986 12 08). 87-12 - A by-law to amend By-law No. 79-200, as amended. (AM-35/86 Ameri-Cana Motel Limited - Report PD-87-02 approved by Council 1987 01 12). 87-13 - A by-law to amend By-law No. 79-200, as amended. (AM-32/86, Cdn. Mental Health - Report PD-86-141 approved by Council 1986 12 08). No, 87-14 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell, Cheesman, Cummings, Hinsperger, and Hopkins abstaining from the vote on By-law No. 87-14, on conflicts of interest previously recorded in Report No. F-87-07; and with all others votit~g 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. 87-11 - A by-law to amend By-law No. 79-200, as amended. No. 87-12 - A by-law to amend By-law No. 79-200, as amended. No. 87-13 - A by-law to amend By-law No. 79-200, as amended. No. 87-14 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell, Chessman, Cummings, Htnsperger, and Hopkins abstaining from the vote on By-law No. 87-14, on conflicta of interest previousIF recorded; and with all others voting in layout. -5- NEW BUSINESS I3'ENS OF CONCERN: Watermain Break/Portage Road & Keller Street - The Director of Municipal Works explained the circumstances regarding the break of a watermain in the subject area this morning, which caused a City-wide lower- ing of water pressure. In response to questions raised, the Chief Administrative Officer explained emergency actions which conld be taken in the event of a fire during such a situation. Municipal World/December 1986 Issue - Alderman Cheesman referred to an article in the December issue of Municipal World entitled, "Municipalities: be cautious when accepting candy (deeds) from strangers". ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the matter be referred to the Clerk. Carried Unan. imously. II~ff!S OF INTEREST: CyMcGuigan - Alderman Cummings referred to the handout package this evening which contained a copy of a letter to Cy McGuigan from the Buildings & Inspections Department, regarding concerns outlined by Mr. McGuigan at a former Council meeting. Social Planning Council Annual Nesting - Alderman Cummings advised Council of the Annual Meeting of the Social Planning Council scheduled for February 3rd, 1987, at 7:00 p.m., and asked members of Council to attend if possible. Arena Rentals - Alderman Cummings discussed information he had received from the Chief Administrative Officer regarding arena rentals and canteen receipts. Regional licering/Plan Formulation Conference - Alderman Janvary referred to a Regional Plan Formulation Conference to discuss the Waste Management Master Plan, to be held on February 21st, 1987 from 9:15 a.m. to 3:30 p.m. She advised that she would be in attendance. His Worship Mayor Smeaton stated that Staff would be represented at the meeting. Environmental Seninar/Allanbur8 - Alderman Coville referred to the upcoming Environmental Seminar on Flood Plain criteria, to be held at Allanburg, Ontario, Alderman Harrington discussed the bus service for the Seminar. It was moved by Alderman Chessman, seconded by Alderman Coville, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, SIXTH MEETING COMMITTEE OF THE WHOLE Conunittee Room #1 February 9, 1987 Council met on Monday, February 9th, 1987 at 6:45 p.m. in Committee of the Whole. All members of Council, were present. Alderman Hopkins presided as Chairman. Following consideration of the arose without reporting. ~ented, the Committee of the Whole READ AND ADO] _G-ITY CLERK PLANN] MEETING WILLI SMEATON Council Chambers February 9, 1987 Council met on Monday, February 9th, 1987, at 7:30 p.m. for the purpose of considering Planning Matters and regular business. All members of Council, wer~ present. His Worship Mayor Smeaton presided as Chairman. Alderman Janvary 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 February 2nd, 1987, be adopted as printed. Carried Unanimously. BIG SISTBRW}{E{ - His Worship Mayor Smeaton advised that the week of February 8th to 14th, 1987 had been proclaimed "Big Sister Week", and distributed Big Sister buttons to members of Council and Staff in honour of the occasion. UNITED WAY/BRONZE AWARD - His Worship Mayor Smeaton exhibited a Bronze Award to the employees of the City of Niagara Falls, which had been presented to him recently at the United Way Annual Meeting. He referred to the contribution made by the employees to the United way over the past three years. REPORTS - PLANNING MATTERS PD-87-12 - Chief Administrative Officer - Re: Zoning Amendment Application AM-39/86, 126338 Canada Limited (Clever Leaf Motel). The report recommends the following: 1) That Council support the proposed Zoning By-law amendment, as detailed in PD-87-10; 2) That Staff be directed to prepare an appropriate Zoning By-law amendment, which reflects the application submitted, 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 asked the Clerk to explain the proposal. -2- The Clerk advised that the applicant was the Clover Leaf Motel, located on the south side of Lundy's Lane; that the subject lands are currently zoned Tourist Commercial (TC) and a site specific by-law would permit an office to be used by an interior decorator as a special provision on the lands; and that the Notices of the Public Meeting were forwarded to interested persons on January 8th, 1987. - AND - - Cosmunication No. 48 - Regional Niagara pls,ntng & Development Department Re: Preliminary Application , Interior Decoratlng Business, Lundy's Lane, east of Montrose Road. The communication advises that the Regional Public Works Staff has no objection to the proposed rezoning, but have requested the dedica- tion of a 10 foot road widening. "His Worship Mayor Smeaton received a positive response to his request for an indicdtion ~f .the presence of the applicant or his agent, and a show of hands with respect to the presence of persons in favour of, or opposed to the application- He explained the procedure to be followed under the Planning Act, 1983, and asked that any 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 described the property with the assistance of posted sketches. He explained the purpose and reason for the application, and reviewed the following information contained in the Technical Report: Zoning By-law Amendment; Official Plan; Surrounding Land Uses; Comments from the Public Notification Process; and Planning Review. He replied to questions raised with respect to the road widening requested by the Region, stated that this would be on a site plan; as well as the suggestion that approval of the proposal might create a precedent or "set a trend towards tourist commercial offices" and "wiping out a motel"- Mr. Tom Richardson, Solicitor from St- Catharines, and agent for the applicant, advised that the Clover Leaf Motel had been acquired by a numbered company, the principle being Larry Goldwater, discussed the proposed plans for the subject property, and requested the approval of Council- The Solicitor advised that the appropriate means of obtaining a road widening under the Planning Act is by site plan control in order to ensure that the road is dedicated. Following further discussion, His Worship biayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the communiction be received and filed, and the report be received and adopted. It was further recommended that the 10 foot road widening be considered under site plan control, if required. The motion Carried with the following vote: AYE: Aldermen Campbell, Chessman, Coville, Cummings, Marrington, Hinaperger, Hopkins, Janvary, Orr, Pay~ and Puttick. NAYE: Alderman Baker. PD-87-14 - Chief Adainistrative Officer - Re: Zoning Amendment Application AM-42/86, B. D'Aprile, Pt. Twp. Lot 152, Lundy*s Lane. The report recommends the following: 1) That Council support the proposed Zoning By-law amendment to permit, by special provision, the construction of a single family dwelling and attached garage in a designated Hazard Land Zone; 2) Upon confirmation from the Regional Health Services Department that the subject lands can support a private waste disposal system, Staff be directed to prepare the necessary by-law for Countills enactment; 3) That the by-law include, amongst other matters, provisions for the floodproofing of tim proposed buildings and septic tile bed to a geodetic elevation of 599 feet; 4) That copies of this report be forwarded to the Niagara Peninsula Conservation Authority, the Regional Municipality of Niagara and the Regional Health Services Department for information. -3- - AND - Co~aunication No. 49A - J.C. Walsh, P. Eng., Industrial Development Engineer, for Regional Chief Engineer, CoN. - Re: Proposed Zoning By-law Amendment, Bridgette D~Aprile. The communication advises that the Railway does not fayour the introduction of residential developments in the immediate vicinity of its rail operations due to incompatibility; and asks that the proposal incorporate C.N's 30 metre setback requirement outlined in the communication, and that additional conditions outlined in the communication be addressed through the development agreement or site plan control stage. - AND - Communication No. 49B - Regional Niagara Planning & Development Department - Re: Preliminary Application, Proposed Residential Lot, Lundy's Lane, east of Townline Road. The communication suggests the possibility of special design features because of the proximity to the railway; recommends a site specific exception to the Hazard Land (HL) zoning; and states that Regional Planning Staff would not be opposed to a rezoning to allow the construction of a dwelling on the subject property, providing that the Niagara Peninsula Conservation Authority and the Regional Health Services Department are willing to approve of the proposal. Ills Worship Mayor Smeaton declared the Public Meeting open, and explained the procedure to be followed under the Planning Act 1983. The City Clerk advised that the proposal would amend the zoning on the subject site by applying a site specific special provision to the Hazard Land Zone to permit the establishment of a single family dwelling and attached garage~ in a Hazard Land Zone. He further advised that the Notices of the Public Meet- ing were mailed on January 9th, 1987. His Worship Mayor Smeaton received a positive response indicating the presence of the applicant or his agent, and a negative response with respect to the presence of persons in favour of, or opposed to the proposal. Mayor Smeaton asked 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. The Planning Director described the property with the assistance of posted sketches. He explained the Development Proposal, and reviewed the following information contained in the Technical Report: Zoning By-law Amendment; Official Plan; Draft Official Plan, including Surrounding Land Use, Department and Agency Comments, Planning Review, Niagara Falls Official Plan, Regional Policy Plan, History, and Site Restrictions. He referred to the communications received from the CN and the Regional Planning office, and suggested that recommendation number 2 in the report contain the additional clause "that upon confirmation from the applicant that CN requirements can be met", Staff be directed to prepare the necessary by-law for Council's enactment. The Planning Director replied to questions raised regarding a site plan control agreement. The agent for the applicant, Mr. Paul Cunningham of R.T. Salci Real Estate Ltd., received a copy of the letter from the CN, and advised that there would be no further comments at the present time. There were no further comments forthcoming from interested persons, and therefore, Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coyills, that the report, including the amendment to recommendation No. 2, be received and adopted. The motion was amended on the motion of Alderman Chessman, seconded by Alderman Baker, that the following recommendation No. 5 be added to the report," that the concerns of the CN be considered under site plan control". The amendment was ~efeated with the following vote: AYE: NAYE: Aldermen Baker, Campbell, Chessman, Hopkins, Janvary, and Pay. Mayor Smeaton, and Aldermen Coyills, Cummings, Herrington, Hinsperger, Orr, and Puttick. The motion to receive and adopt the report with the addition to recommendation number 2 regarding CN requirements was ~a.rried with the following vote: -4- AYE: Aldermen Baker, Campbell, Chessman, Coville, Cummings, Harrington~ Hinsperger, Janvary, Orr, and Puttick. NAYE: Aldermen Hopkins, and Pay. PD-87-15 - Chief Administrative Officer - Re: Zoning Amendment AM-45/86, Pt. Twp. Lot 70, Thorold Stone Road, Group 2 Development, "Hillsdale Estates Subdivision". The report recommends that Council support, in principle, the proposed amendment to the Zoning By-law to permit residential development of the lands, with final approval and enactment of the By-law pending Regional approval of the Draft Plan of Subdivision- - AND - Communication No. 50 - Regional Niagara Plsnntng& Development Department - Re: Preliminary Zoning Application, Hillsdale Estates Subdivision, Thorold Stone Road, east of Kalar Road. The communication advises that the Regional Public Works Department has no objection to the development, but that it has stressed the importance of aligning the proposed Cardinal Drtve-Thorold Stone Road intersection with that of Brookdale Drive; and further, that the City should obtain the comments of the Niagara Peninsula~Conservation Authority in connection with the north-west corner of the property which is within the Authority's Fill Area. - AND - CD-87-05 - Chief Administrative Officer - Re: Proposed Hillsdale Estates Subdivision, File No. 26T-86027; Owner: Group 2 Development Limited. The report recommends that the "Hillsdale Estates Subdivision" be given preliminary approval by the City of Niagara Falls, subject to the various conditions imposed, as enumerated in this report. His Worship Mayor Smeaton declared the Public Meeting open, and explained the procedure under the Planning Act 1983 would be followed. The Clerk advised that the applicant is proposing to amend Zoning By-law No. 79-200 to permit the development of the property as a mixed residential subdiv- ision; and that a subdivision application for these lands has been received by the Regional Municipality of Niagara. He further advised that the Notices of the Public Meeting had been mailed on January 8th, 1987. His Worship Mayor Smeaton advised that Mr. A.R. Gear, agent for the developer was in attendance; and received a positive response to his request for a show of hands of persons present in favour of, or against the proposal- Me 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 described the subject lands with the assistance of posted sketches, and reviewed the following information contained in the Tech- nical Report: Zoning By-law Amendment; Official Plan; Surrounding Land Uses; Agency & Departmental Comments; and Planning Review. Mr. Harvey Smith, 7965 Thorold Stone Road expressed concerns regarding the possible installation of a traffic light at the Thorold Stone Road/Cardinal Drive intersection because of the difficulty he would encounter in exiting from his driveway. The Director of Municipal Works advised that Thorold Stone Road was a Regional road and would be subject to the result of a Regional traffic count if required. In response to Mr. Smith's concerns regarding lack of parkland in the area of the proposed subdivision, the Planning Director reviewed the existing parks, and future parkland within the Northwest Secondary Plan area. Mr. Gear advised that Mr. & Mrs. Tony Issepon, 8050 Thorold Stone Road, were in attendance, referred to their previously expressed concern regarding the former proposal for townhousing, and stated that the approved plan would be for .6 single family lots in the subject area. He further advised that the developer is willing to dedicate lands for the W-5-1 tributory of the ghriner's Creek watercourse. Mr. Gear reviewed the Conditions of Approval contained in Report CD-87-05, expressed willingness to dedicate a 50' wide parcel of land to the City as indicated in Condition No. 2, and expressed concern regarding No. 13 with respect to the storm sewer system, -5- A lengthy discussion followed concerning the phasing program established for development of the Northwest Secondary Plan area, and the funds to be provided for storm sewer oversizing from the Expansion & Renewal Fund to which all the developers contribute. Since no further comments were forthcoming, Mayor Smeaton declared the Public Meeting closed. ORDRED on the motion of Alderman Cheesman, seconded by Alderman Orr, that the reports be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Chessman, Coville, Cummings, Hopkins, Janvary, err, Pay, and Puttick. NAYE: Aldermen Harrington, and Hinsperger. PD-87-11 - Chief Ad~nistrative Officer - Re: Request for Building Permit, Part 6 of Reference Plan 59R-2627, Pt. Lot 14, Concession 2, Miller Road. The report recommends that the request for a Building Permit for Part 6 of Reference 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 err, that the report be received and adopted. Carried Unanimously. PD-8?-13 - Chief Administrative Officer - Re: Request for Building Permit, Part 7 of Reference Plan 59R-2627, Pt. Lot 14, Concession 2, Southwest Corner of Miller Road and Willoughby Drive. The report recommends that the request for a Building Permit for Part 7 of Reference 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 Chessman, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. PD-87-16 - Chief Adninistrative Officer - Re: Restricted Area By-law 86-259, Proposed Hotel and Restaurant, south side of Lewis Avenue (AM-26/86). The report provides background information regarding the subject matter, advises that a meeting was held on February 2nd, 1987 between all concerned parties, who agreed that the matter could not be concluded in two weeks as per Council's tabling motion, and that a report will be submitted from Staff when discussions are finalized; and further, recommends that the information be received and filed. Alderman Coville declared a conflict of interest because her husband is employed with American Can Canada, Inc., now Onex Packaging Inc. Alderman Pay declared a conflict of interest because his daughter is employed with Nabisco Brands Ltd. Mr. Peter S. Mann, Solicitor for the applicant, referred to the meeting of all interested parties on February 2nd, 1987, and later contacts he had made with Fartee Leather and with Nabisco. He stated that Mr. Spadafora, the applicant wishes to proceed with this matter as soon as possible, and requested that Council reaffirm its previous decision made on December 15th, 1986 and approve of the application. The Chief Administrative Officer reviewed background information contained in the report, and advised that it was understood the parties would contact Staff further regarding the results of further discussions. Mr. Max Bacon, Planning Consultant with Proctor & Redfern, Toronto, reviewed concerns of the indnstries in the subject area respecting traffic; and discussed the unsuccessful attempt to purchase the subject property from Mr. Spedafore. ORDERED on the motion of Alderman err, seconded by Alderman Campbell, that the report be received and adopted, and further, that Council reaffirm its previous decision regarding By-law 86-259. The motion Carried with Aldermen Coyills and Pay abstaining from the vote on conflicts of i~terest previously recorded; and with the following vote: -6- AYE: Aldermen Baker, Campbell, Cheesman~ Harrington, Hinsperger, Hopkins, Janvary, Orr, and Puttick. NAYE: Alderman Cummings. PD-87-17 - Chief Administrative Officer - Re: Quarterly Residential Development Review, (October - December 1986) File ST-144. The report provides Highlights with regard to a three month review of residential development in the City of Niagara Palls, and recommends that thls report be received and filed for informational purposes. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. REGULAR MEETING REPORTS F-87-08 - Chief Administrative Officer - Re: 1987 Short Term Borrowing for Current purposes. The report recommends that Council pass the by-law appearing on this cvening's ~Eenda to authorize the borrowing to an upset limit of $10,000,000-00 for current expenditures for the year 1987. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See By-law No. 87-15. F-87-09 - Finance Committee - Re: Committee Reports. The report recommends the following: 1) 2) the report be received and adopted. Establishing 1986 Reserves - It is recommended that Report FC-87-05, Establishing Reserves, be adopted as revised, and that the two resolutions appearing later on the agenda be passed. Status of Taxes as at December 31, 1986 - It is recommended that Report FC-87-03, Status of Taxes at December 31, 1986, be received and filed- ORDERED on the motion of Alderman Chessman, seconded by Alderman Pay, that Carried Unanimously. See Resolution No. 6 and Resolution No. 7. F-87-10 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $490,576.85 for the period ending February 9, 1987 be approved by the passing of the by-law appearing later on the agenda. Alderman Marrington declared a conflict of interest on Cheque No. 22315 because he is employed by the Board. Additional information was requested on Cheque No. 22329. ORDERED on the motlou of Alderman Janvary, seconded by Alderman Pay, that the report be received and adopted. The motion Carried with Alderman Harrington abstaining from the vote on Cheque No. 22315 on a conflict of interest previous- ly recorded; Alderman Hopkins voting contrary on Cheque No. 22357; and with all others voting in fayour. S-87-01 - Chief Administrative Officer - Re: Release of Easement, Farr Lumber Ltd., (formerly ganSster Lumber Limited). The report recommends that the · by-law appearing on tonight~s agenda be passed 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. 87-18. 7 CC-8?-O1 - Alderman Chessman - Re: *'Twinning' Ceremonies between the Fire Fighters of Niagara Falls, Ontario and those of Hyeres, France. The report recommends that Council authorize the Fire Fighters of Niagara Falls, Ontario to "twin" with the Corps de Sapeurs-Pompiers of Hyeres, France, and that the City representatives attending those ceremonies in March of this year also take greetings to the citizens of Hyeres from the Council and citizens of Niagara Falls. It was suggested that a reciprocal visit to Niagara Falls might be considered, with a reception to honour guests from France. His Worship Mayor Smeaton suggested that a further report be received concerning the matter. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and authorization granted. Carried Unanimously. C-87-04 - Chief Administrative Officer - Re: 1987 Membership - Federation of Canadian Municipalities. The report provides background information regard- ing the motion of Council on January 26th, 1987, to table the matter pending further clarification of a proposal for a blanket membership through the Region; states that the Region has not been able to reflect a Regional levy in their current budget, and recommends that the City should proceed with an individual membership if it wishes to be part of FCM. Alderman Puttick suggested that the matter be tabled for a discussion between the Mayors of the Municipalities in the Niagara Region. ORDERED on the motion of Alderman Janvary, seconded by Alderman Chessman, that the report be received and authorization be granted to proceed with payment of the FCM membership fee. The motion Carried with the following vote: AYE: Aldermen Baker, Chessman, Coville, Cummings, Hinsperger, Hopkins, Janvary, and Orr. NAYE: Aldermen Campbell, Herrington, Pay, and Puttick. RESOLUTIONS No, 6 - ~MI~ESMAN- Clffe4INCS - 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. No, 7 - CLrtgffNGS - ORR- RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby authorizes and directs the establishment of reserves for the water fund as described on Schedule 'A" attached hereto; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No, 8 - CSlQIINGS - HINSPERCER- RESOLVED that the Council of the Corporation of Niagara Falls hereby petitions for subsidy under the provision of the Public Transportation and Highway Improvement Act on expenditures made during the year 1986 in the amount of $4,986,148.60; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. NO, 9 - CO~NGS - HINSPBRGER - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby petitions for an allocation of subsidy funds for public transportation purposes for the year 1987, in the amount of $630,134.00 for the Capital Assistance Programme, and $493,353.00 for the Transit Operating Assistance Programme, under the provisions of The Public Transportation and Highway Improvement Act; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. -8- No* 10 - JAN~a~Y - CAMPBELL - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby petitions for an allocation of subsidy funds for the provision of a public transportation service for physically disabled persons for the year 1987, in the amount of $35,820.00 for Operating, under the provisions of The Public Transportation and Highway Improvement Act; AND the Seal of the Corporation be hereto affixed- Carried UnanimouslY. No- 11 - HOPKINS - C~INGS - WHEREAS, it is desirable to cultivate and encourage amicable relations between nations and between communities within those nations; and WHEREAS, the practice of "twinning" (jumelage) between communities of two countries has become an accepted method of promoting such amicable international relations; and WHEREAS, the brotherhood of Fire Fighters, professional and volunteer, of Hyeres, France (Corps intercommunal de Sapeurs-Pompiers, de Carqueiranne, de La Crau, de Hyeres, France) has expressed the wish to "twin" (Jumeler) with the Fire Fighters, professional and volunteer, of the City of Niagara Falls, Canada, with a view to establishing cordial inter-municipal relations and to promoting mutual professional benefits; and WHEREAS, the Fire Fighters of Niagara Falls, Canada, have expressed their wish to accept the invitation to "twin" with their counterparts in Hyeres, France; BE IT NOW THEREFORE RESOLVED that the Council of the Corporation of the City of Niagara Falls: 1. grants permission to and authorizes the Fire Fighters of Niagara Falls, Canada to "twin" with the Corps Intercommunal de Sapeurs-Pompiers, de Carquetranne, de La Crau, and de Hyeres, France; and 2. to this end authorizes the Fire Chief David Kemp, on behalf of the Fire Fighters of Niagara Falls, Canada and Alderman Charles Cheesman, to participate in a twinning ceremony to take place in March, 1987, at Hyeres, France; and 3. authorizes the said Fire Chief and Alderman to take cordial greetings on behalf of the fire fighters and citizens of Niagara Falls, Canada, to the sapeurs-pompiers and citizens of the communities of Hyeres, Carqueiranne and La Crau, France on the occasion of the twinning ceremony; ; AND the Seal of the Corporation be hereto affixed- Carried Unanimously. 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. 87-15 - A by-law to authorize the borrowing of $10,000,000-00 for current expenditures for the year 1987. No. 87-16 - A by-law to amend By-law No. 86-240, being a by-law to define areas in the City of Niagara Falls in,which adult entertainment parlouts may operate. So. 87-17 - A by-law to provide for remuneration of the members of the Committee of Adjustment. No. 87-18 - A by-law to authorize the execution of a release of an easement. No. 87-19 - A by-law to provide monies for general purposes. The motion Carried with Alderman Herrington abstaining from the vote on By-law No. 87-19, on a c~nflict of interest previously recorded in Report F-87-10; Alderman Hopkins voting contrary on By-law No. 87-19, as previously recorded in Report F-87-10; 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. 87-15 - A by-law to authorize the borrowing of $10,000,000.00 for current expenditures for the year 1987. No. 87-16 - A by-law to amend By-law No. 86-240, being a by-law to define areas in the City of Niagara Falls in which adult entertainment parlours may operate. NO. 87-17 - A by-law to provide for remuneration of the members of the Committee of Adjustment. No. 87-18 - A by-law to authorize the execution of a release of an easement. 87-19 - A by-law to provide monies for general purposes. The motion Carried with Alderman Harrington abstaining from the vote on By-law No. 87-19, on a conflict of interest previously recorded; Alderman Hopkins voting contrary on By-law No. 87-19, as previously recorded; and all others voting in favour. NEW BUSINESS ITEMS OF INI~REST: Ontario Good Hoads A--ual Conference - The Chief Administrative Officer advised that the representation to the Ontario Good Roads Annual Conference had been considered at the Municipal Works Committee meeting earlier today. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Baker, that Alderman Hopkins be authorized to attend the Ontario Good Roads Annual Confer- ence, with Alderman Campbell an authorized alternate representative. It was further recommended that two members of Staff be authorized to attend the Conference scheduled for February 22nd, 23rd, 24th, and 25th, 1987, in the Royal York Hotel, Toronto, Ontario. The motion Carried with the following vote: AYE: NAYE: Aldermen Baker, Campbell, Cheesman, Coville, Cummings, Harrington, Hinsperger, Hopkins, Orr, Pay, and Puttick. Alderman Janvary. Congratulations/Deputy Clerk - The Deputy Clerk, Miss Barbara G. Scott, was congratulated on the completion of 40 years' employment with the City of Niagara Falls on February 3rd, 1987. It was moved by Alderman Cummings, seconded by Alderman Hinsperger, meeting adjourn. Carried Unanimously. that the READ AND ADOPTED, /- CLERK WILL SMEATON SEVENTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 February 16, 1987 Council met on Monday, February 16th, 1987 at 7:00 p.m. in Committee of the Whole. All members of Council, with the exception of His Worship Mayor Smeaton, were present. Alderman Cheesman presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, REG MEETING ACTING qORMAN BAKER Council Chambers February 16, 1987 Council met on Monday, February 16th, 1987 at 7:30 p.m. for the purpose of considering general business. All members of Council, with the exception of His: Worship Mayor Smeaton, were present. Acting Mayor Norman Baker presided as Chairman. Alderman Pay offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, minutes of the meeting held February 9th, 1987, be adopted as printed. Carried Unanimously. that the DEPUATION KLHCTKONIC VOTING SYSTEM FOR COUNCIL MEETINGS ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that Mr. Michael Marchand, Voimar Electronics, Toronto, be allowed to address Council. The motion Carried with the following vote: AYE: Aldermen Cheesman, Coville, Cummings, Harrington, Hinsperger, Hopkins, Janvary, Orr, and Pay. NAYE: Aldermen Campbell, and Puttick. Mr. Marchand demonstrated an electronic voting system for Council meetings. He explained that the system was being used in North York, and Scarborough, and was being established in Wallaceburg. It was suggested that further information with respect to cost could be forwarded to Staff. Acting Mayor Baker expressed appreciation on behalf of Council. COMMUNICATIONS No, 51 - Regional Niagara Public Works Department - Re: Water/Sewage Flows Monthly Report. The communication attaches Report DEP-2474, Water and Sewage Flows by Municipality, Monthly Report for December 1986 and the year end. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and filed· Carried Unanimously. No, 52 - NIagara Palls Rooster Cataracts, Oldtimers Hockey Asseclatlon - Re: 3rd Annual Niagara Palls Cataracts Oldtimers Tournament. The communication asks Council to approve a Special Occasion Permit for the Tournament to be held March 26th to 29th, 1987, at the Niagara Palls Memorial Arena. -2- ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the request of the Niagara Falls Rooster Cataracts for a special occasion permit for its 3rd Annual Niagara Falls Cataracts Oldtimers Tournament, to be held at the Niagara Falls Memorial Arena, Niagara Falls, on March 26th, 27th, 28th, and 29th, 1987 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. 53 - Niagara Falls Black Hawks Hockey Club - Re: 9th Annual Hockey Tournament. The communication requests Council to approve a Special Occasion Permit for the Tournament to be held March 5th to 8th, 1987 at the Niagara Falls Memorial Arena and Niagara South Recreation Complex. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the request of the Niagara Falls Black Hawks Hockey Club for a special occasion permit for its 9th Annual Hockey Tournament, to be held at the Niagara Falls Memorial Arena, and the Niagara South Recreation Complex, Niagara Falls, on March 5th, 6th, 7th, and 8th, 1987 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. 54 - The Canadian Red Cross Society, Niagara Falls Branch - Re: Mayor's Blood Donor Clinic. The communication expresses appreciation for the sponsorship of the first 1987 blood donor clinic to be held at the Polish Cultural Centre on Tuesday, February 17th, 1987. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the communication be received and filed. Carried Unanimously. No, 55 -Ministry of Municipal Affairs - Re: "Local Government Week. The communication provides information regarding "Local Government Week", scheduled for April 13th to 17th, 1987, and encourages the formation of a committee to organize events in the Municipality. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that the proclamation be approved subject to established policy, and further, that the matter be referred to the Civic Committee for consideration. The motion Carried with the following vote: AYE: Aldermen Campbell, Cheesman, Coville, Cummings, liarrington, Hinsperger, Hopkins, Janvary, Pay, and Puttick. NAYE: Alderman Orr. No, 56 -Ministry of Housing- Re: 1987 International Year of Shelter for the Homeless (IYSH). The communication requests assistance in promoting IYSH and asks Council to approve a proclamation for "United Nations World Habitat Day" on October 5th, 1987. Alderman Harrington volunteered to act as a local municipal contact person. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the requests be approved subject to established policy. Carried Unanimously. No. 57 - Canadian Union of Public Employees (CUPR) - Re: Proclamation Request. The communication asks Council to proclaim April 28th, 1987 as an annual official "Day of Recognition" to commemorate the sacrifice of workers killed, injured or disabled on the Job. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the request be approved subject to established policy. Carried Unanimously. No. 58 - Niagara Falls Canucks Golden Horseshoe Jr. B - Re: Gate Receipts. The communication asks the City to reconsider the gate receipt percentage ratio and divlde the percentage as suggested during the O.H.A. Playoffs~ O~DERED on the motion of Alderman Pay, seconded by Alderman Orr, that the communication be received and referred to Staff for a report to the Finance Committee, and subsequently a Committee report to Council, Carried Unanimously. . · 3 No, 59 - Niagara Escarpment Co,m~{ssion - Re: Niagara Escarpment Plan Amendment Application 22/86. The communication invites comments from the City of Niagara Falls regarding the proposed amendment. It was noted that the com- munication has been circulated to Municipal Staff who have stated that they have no concerns with the amendment, which is considered to be of a "housekeeping nature", and recommends that the Region be so notified. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the Regional Municipality of Niagara be advised that City Staff has no concerns with the amendment. Carried Unanimously. No, 60 - Environmental Assessment Board - Re: Walker Brothers Quarries Limited. The communication provides a Report of the Board dated February 9th, 1987, regarding the application of Walker Brothers Quarries Limited to construct a pumping station, and forcemain and gravity sewer system. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. No. 61 - Token of Pelham- Re: Representative to Regional Council. The communication requests endorsation of a resolution to elect at least one repre- sentative directly to Regional Council from each Municipality. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the communication be received and filed. The motion Carried with the following vote: AYE: NAYE: Aldermen Campbell, Cheesman, Cummings, Harrington, Hinsperger, Hopkins, Janvary, Pay, and Puttick. Aldermen Coville, and Orr. REPORTS F1)-87-01 - Chief Administrative Officer - Re: Tendering Fire Department Clothing (Uniforms, Shirts, Ties, Reefer Coats, and Fatigue Pants). The report recommends that tenders be called as soon as possible for 1987 Fire Department clothing. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. B-87-02 - Chief Administrative Officer - Re: The Building & Inspections Department Report for January 1987. The report provides information regarding Permits Issued and Highlights for January 1987, as wei1 as February proposals. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and filed. Carried Unanimously. B-87-03 - Chief Administrative Officer - Re: Site Plan Approval, Proposed 20 Unit Addition to The Fiddler's Green Motel, 7720 Lundy's Lane. The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed motel addition, and the site plan being drawing number 1 and filed with the Buildings and Inspections Department of the City of Niagara Falls on February 12th, 1987, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. M-87-04 - Chief Administrative Officer - Re: Site Plan Approval, Proposed 39 Unit Motel Building, 6032 Lundy's Lane (south side between Main Street and Drummond Hill Cemetery). The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed motel, and the site plan being drawing number G1 dated January 1987 and filed with the Buildings and Inspections Department of the City of Niagara Falls on February 10th, 1987, and that such approval be subject to the conditions outlined in the report. During the discussion, it was suggested that if the application was approved, the possibility of a "spillover" of vehicles from the motel and restaurant should be referred to the Parktn~ & Traffic Committee. -4- 5 ORDERED on the motion of Alderman Pay, seconded by Alderman Coville, that the report be received and adopted. The motion Carrled with the following vote: AYE: Aldermen Campbell, theeamen, Coville, Cummings, Hinsperger, Janvary, Orr, and Pay. NAYE: Aldermen Herrington, Hopkins, and Puttlck. B-87-05 - Chief Ad~xdstrative Officer - Re: Centrifugal Chiller and Compressor for Air Conditioning System - City Hall. The report recommends that Council authorize Staff to proceed with the investigation and implementation of possible repairs to the above equipment at an estimated cost of $18,950.00. In view of the fact that these repairs were not anticipated and in consideration of the time element, it is further recommended that this authorization be granted forthwith. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously- MW-87-17 - Municipal Works Goattree - Re: Overnight Parking. The report recommends the following: 1) That the Region be requested to prohibit overnight parking on Regional roads within the City between 2:00 a.m. and 6:00 a.m- and that the Enforce- ment Officers be authorized to ticket on first sighting; 2) That the overnight parking restrictions on City streets be changed to prohibit parking between the hours of 2:00 a.m. and 6:00 a.m. and that Enforcement Officers be authorized to ticket on first sighting; 3) That alternate side street parking not be implemented on a City-wide basis and that special on-street parking restrictions be considered on an indi- vidual merit basis; 4) That parking fines be unchanged but reviewed further in one year's time. 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 Campbell, Cheesman, Coville, Cummings, Herrington, Hinsperger, Hopkins, Janvary, Pay, and Puttick. NAYE: Alderman Orr. MW-87-18 - Municipal Works Committee - Re: Jolley Cut Pedestrian Way. The report recommends the following: 1) That the DelCan report "Conceptual Design for the jolley cut Pedestrian Way" be received and adopted; 2) That the City agree to participate in the construction of an improved pedestrian way at one-third the total cost not to exceed $115,000.00; 3) 4) 5) That DelCan could be retained to prepare final design, contract documents, tendering, construction supervision and contract adminietration at standard A.P.B.O. rates with an upset limit of $45,000.00; That the Niagara Parks Commission be requested to participate in the improvement program at one-third the total cost not to exceed $115,000.00; That the Commission be requested to consider to purchase a right-of-way at a nominal amount following completion of construction; 6) 7) That it be confirmed with Moretie Developments that no property can be sold to them but that a working easement will be granted, provided their construction schedule coincides with that of the Jolley Cut; That the Special Purpose Reserves be reallocated as specified in the report to finance the City's share of the cost, A discussion followed regarding the allocation of funds for the necessary repair works in the City, and cost participation with respect to the proposal for the Jolley Cut Pedestrian Way. 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 Campbell, Cheesman, Cummings, Hinsperger, Janvary, Orr, Pay, and Puttick. NAYE: Aldermen Coville, Harrington, and Hopkins. MW-87-19 - Municipal Works ComreJttee - Re: Committee Reports. The report recommends the following: 1) NW-87-09, Tipping Fees/Disposal Restrictions at Landfill Site - It is recommended that: i) A public meeting be held on March 5, 1987 at 7:30 p.m. in the Council Chambers for the purpose of obtaining the public's viewpoint on the implementation of tipping fees and disposal restrictions at the Mountain Road Sanitary Landfill Site; ii) Written submissions from those that cannot, or do not desire to, attend the public meeting on the topic of implementing tipping fees/disposal restrictions at the Sanitary Landfill Site be received before 4:30 p.m. on March 5, 1987; iii) The Public Notice which appears as Appendix "E" to this report be placed in the local newspaper on two occasions prior to the meeting date of March 5, 1987. 2) HW-87-07, Review of Clty's Impost Policy - It is recommended that Staff be authorized to prepare Terms of Reference for a consultant review of the City's Impost Fees and related policies for development in the City. 3) NW-86-168, Elimination of Ditches on Allanthus Avenue - It is recommended that: i) The ditches be eliminated and the shoulder widened on the east side of Allanthus Avenue from Sunnylea Crescent to the southerly limit of the East Niagara Housing Authority lands; and ii) Funds to undertake this work be provided through the 1987 Road Maintenance Budget (Ditching). ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. MW-87-20 - Municipal Works Comettree - Re: Flooding - Mr. H. Yochtm's Residence on Misener Road. The report recommends the following: 1) That a 65" x 40" pipe arch culvert be installed on Misener Road north of Ridge Road (beside the existing box culvert) at an estimated cost of $12,500.00; 2) That possible improvements to the watercourse in the vicinity of Misener Road culvert located Just to the south of Mr. Yochlm's home be considered further at the time that a detailed review of all drainage problems along Tee Creek are undertaken. Alderman Hinsperger advised that the consultants, J. Brian Wiebe Ltd., was expected to submit a report to the Municipal Works Committee meeting on Monday, February 23rd, 1987. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cheesman, that the matter be tabled, pending the anticipated report from J. Brian Wiebe Ltd. The motion ,Carried with the following vote: -6- AYE: Aldermen Campbell, Cheesman, Cummings, Harrington, Hinsperger, Hopkins, Orr, Pay, and Puttick. NAYE: Aldermen Coville, and Janvary. M~-87-21 - Chief Administrative Officer - Re: Issuance of Parking Stickers - Provincial Court House Parking. The report recommends the following: 1) 2) That Parking stickers not be issued to firms that have requested them; That the City's legal profession as a whole determine its Provincial Court House parking needs so that the City can determine whether sufficient spaces can be allocated on a rental basis to this profession in the new parking lot located on the southwest corner of Erie Avenue and Park Street; 3) In the event the Erie Avenue parking lot is too far from the Provincial Court House, the City suggests to the members of the legal firms requesting parking stickers, that they approach the owners of the parking lot on the east side of Erie Avenue for the purpose of renting parking spaces in that lot. Mr. David A. Crowe, Solicitor, was in attendance and again expressed his concerns regarding the provisions for parking near the Court House. 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 Campbell, Cheesman, Coville, Hinsperger, Hopkins, Janvary, Orr, and Pay. NAYE: Aldermen Cummings, Harrington, and Puttick. CD-87-O7 - Chief Administrative Officer - Re: Surplus Municipal Property, Southeast Corner of Crowland Avenue and Lyon's Creek Road. The report recom- mends that the surplus Municipal property located at the southeast corner of Lyon's Creek Road and Crowland Avenue be sold to Mr. John Coville at the tendered amount of $15,100.00, plus appraisal costs of $250.00 along with survey costs if required. Alderman Coville declared a conflict of interest because her husband is involved. Mr. Ronald Dale Lundy was in attendance, and received a copy of the report'. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. The motion Carried with Alderman Coville abstaining from the vote on a conflict of interest previously recorded, and with . all others voting in fayour. F-87-11 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $882,591.47 for the period ending February 16th, 1987 be approved by the passing of the by-law appearing later on the agenda. Alderman Coville declared a conflict of interest on Cheque No. 22472 because her husband purchased the property. Alderman Hinsperger declared a conflict of interest on Cheque No. 22446 because he works for the company. The Chief Administrative Officer advised that Cheque No. 22505 would be held up pending further clarification. Additional information was provided on Cheque Nos. 22425, 22426, 22427, 22428, 22449, 22455, 22547, and 22575. ORDERED on the motion of Alderman Janvary, seconded by Alderman Pay, that the report be received and adopted, with the exception of Cheque No. 22505. The motion Carried with Aldermen Coville and Hinsperger abstaining from the vote on Cheque N~72 and 22446 consecutively, on conflicts of interest previous- ly recorded; Alderman Hopkins voting contrary on Cheque No. 22534; and with all others voting in fayour. F-87-12 - Chief Administrative Officer - Re: Interim Tax Levy 1987. The report recommends that Council adopt an Iterim Tax Levy for 1987 with two installments, and pass the by-laws appearing later on tonight's agenda. ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See By-law No. 87-20 and By-law No. 87-21, CD-87-06 - Chief Administrative Officer - Re: Statistical Report - Clerk's Department. The report provides information regarding Licences & Permits Processed; Council Agenda Items; Claims Processed; Documents Indexed; Develop- ment Applications; Construction Capital Works By-laws; and Revenue; and recommends that the contents of this report be noted and that it be received and filed. The Clerk's Department was commended on its efforts. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. CD-87-08 - Chief Administrative Officer - Re: Council Meeting - Easter Monday. The report recommends that no Council meeting be held during the week commencing April 20, 1987. During the discussion, it was suggested that since a number of Aldermen would be absent from the City during the week of the school break in March, that the Council Meeting during that week should be cancelled. It was agreed that the matter would be considered by Staff and a report submitted in one week. ORDERED on the motion of Alderman Orr, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. 8-87-03 - Chief AdmimiStrative Officer - Re: Closing and Sale of Part of Rose Street. The report recommends the following; 1) That Council pass the by-law appearing on tonight's agenda to authorize the closing and sale of part of Rose Street after first hearing any person who claims that his land will be preJudictally affected by the by-law and who applies to be heard; and 2) That Council not sell the most northerly 10 feet only of that part of Rose Street closed by the above noted by-law to Mr. & Mrs. James Foster, the owners of the lands abutting on the northerly side thereof. Mrs. James Foster and her two sons were in attendance expressing opposition to the by-law, reviewing historical background regarding the subject property~ the maintenance by the Fosters and other neighbouts over the years~ and the need for driveway access to the property owned by the Fosters. ORDERED on the motion of Alderman Coville, seconded by Alderman Pay, that the report be received and adopted. The motion was Defeated with the following vote: AYE: NAYE: Aldermen Coville, Orr, and Pay. Aldermen Campbell, Chessman, Cummings, Harrtngton, Hinsperger, Hopkins, Janvary, and Puttick. ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that the report be received and filed, and no further action be taken in this matter. The motion Carried with the following vote: AYE: Aldermen Campbell~ Cheesman, Coville~ Cummings, Herrington, Hinsperger, Hopkins, Janvary, and Puttick. NAYE: Aldermen Orr, and Pay. _g- 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. g7-20 - A by-law to provide an interim levy of taxes- No. g7-21 - A by-law to provide for the collection of interim taxes for the year 1987. No. 87-22 go. 87-23 - Withdrawn. - A by-law to authorize the sale and conveyance of the closed part of Hamilton Street (formerly Walnut Street). No. 87-24 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Coville and Hinsperger abstaining from the vote on By-law No."'~-~4 on conflicts of interest previously recorded in Report F-87-11; Alderman Hopkins voting contrary as previously recorded in Report F-87-11; and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the following by-laws be now read a second and third time: No- 87-20 NO, 87-21 - A by-law to provide an interim levy of taxes. - A by-law to provide for the collection of interim taxes for the year 1987. No. 87-22 - Withdrawn. No. 87-23 - A by-law to authorize the sale and conveyance of the closed part of Hamilton Street (formerly Walnut Street). No. 87-24 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Coville and Hinsperger abstaining from the vote on By-law No, 87-24 on conflicts of interest previously recorded; Alderman Hopkins voting contrary on By-law No. 87-24 as previously recorded; and with all others voting in favour. NEW BUSINESS I17~ OF CONCERN: Grants to Organizations - Alderman Campbell initiated a discussion regarding the time frame for approving grants to orgsnizatione. The Chief Administrative Officer advised that final approval could not be granted until the Region and the School Board budgets had been received, which would be some time in April. He further advised that a draft letter had been prepared to provide information to organizations regarding the imposition of certain conditions, and stating that their requests for financial assistance had been considered and approved by the Finance Committee. The Chief Administrative Officer stated that when approved by the Finance Committee, funding could be made available on a quarterly basis for organiza- tions which have received grants in the past. However, for new grant requests, the letter could state that while the amount had been approved by the Finance Committee, it is preferred that no commitment be made by the groups until the approval is ratified by Council., In response to questions raised, the Chief Administrative Officer advised that a suggestion had been made for tentative approval from Council prior to formal approval and $ by-law. It is proposed that a report be submitted con- cerning the Ctty's portion of the budget as recommended by the Finance Committee, -9- O.H,A, Team- In reply to questions raised by Alderman Puttick regarding an O.H.A. Team being established in the City of Niagara Falls, the Chief Administrative Officer advised that no further information had been formally received. Environmental 8eminar/Allanburg - Alderman Hopkins stated that he and Ms. Gretchen de Boer had attended the Environmental Seminar on Flood Plain Mapping, and that a report would be submitted to Council regarding the changing guidelines on Flood Plain Mapping. Smoktng B~-law - Alderman Cheesman advised that he would be re-examining the above mentioned issue, and would be inviting public opinion, through Mayor Smeaton's office, at a later date. ReElon Niagara Tourist Council/Appointment - Alderman Puttick stated that since he will be unable to attend the first meeting of the Region Niagara Tourist Council, it is necessary to resign his position as Council representative. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that Alderman Coville be authorized as Council's representative on the Region Niagara Tourist Council. Carried Unanimously. It was moved by Alderman Puttick, seconded by Alderman Campbell, that the meeting adjourn to Committee of the le. Carried UnanimoUsly. READ AND ADOPTED, COFadlTTE OF THE WHOLE ACTING NOR/~ BAKER Committee Room #1 February 16, 1987 Council met on Monday, February 16th, 1987 at 9:20 p.m. in Committee of the Whole, following a Regular Meeting. All members of Council, with the exception of His Worship Mayor 8meaton, were pre~ent- Alderman Chessman presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, CLERK NORMAN BAKER - 10 - COUNCIL MEETING Council Chambers February 16, 1987 Council reconvened in formal session on Monday, February 16th, 1987, at 9:30 p.m. following a meeting in Committee of the Whole. All members of Council, with the exception of His Worship Mayor Smeaton, were present. Acting Mayor Norman Baker presided as Chairman. The meeting adjourned. READ AND ADOPTED, ~ORMAN BAKER EIGHTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 February 23, 1987 Council met on Monday, February 23rd, 1987 at 7:00 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Hopkins, were present. Alderman Cummings presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. MEETING Council Chambers February 23, 1987 Council met on Monday, February 23rd, 1987 at 7:30 p.m. for the purpose gf considering general business. All members of Council, with the exception of Alderman Hopkins, 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 February 16th, 1987, be adopted as printed. Carried Unanimously. PRESENTATION HEART & STROKE FOUNDATION - On behalf of the Heart & Stroke Foundation, Alderman Campbell presented an award to His Worship Mayor Smeaton, declaring City Hall a "smoke free environment". He advised that this was the first plaque presented in Ontario for this purpose. Mayor Smeaton expressed appreciation and advised that the City employees would be made aware of the presentation. DEPUTATIONS SALR OF SARASODA- Commntcation No. 62 - Beatrice Brlghty- Re: Sale of Sarasoda. The communication requests permission to address Council regarding the sale of Sarasoda on grocery shelves in the City. Mrs. Brighty reviewed a written submission regarding her concerns in this matter, a communication received from the Minister of Consumer and Commercial Relations and a copy of an article from the local newspaper with respect to Sarasoda. Following a discussion on the matter, it was moved by Alderman Puttick, seconded by Alderman Herrington, that a letter be forwarded to the tlonourable Vince Kerris, Minister of Natural Resources & Energy, and the Honourable Monte Kwinter, Consumer & Commercial Relations, with a copy of Mrs. Brighty"s letter, expressing Council's concerns regarding the effect of advertising and sales of this beverage on children, and requesting their comments. Carried Unanimousl~. -2- BINCOOPERATIONS - CI)-87-09 - Chief ~am~ulstrative Officer - Re: Bingo Operations. The report attaches a summary of gross receipts, prizes, expenses and net proceeds oi organizations that operated Bingos in the City during 19861 and recommends that the contents of this report be received and filed for informational purposes. Alderman Cummings declared a conflict of interest because he is a member of an organization which conducts bingos. Mr. Rick Carpenter, affiliated with the Golden Nugget Bingo Hall; Jim Wells, John Howard Society; Mario Pingue owner of the Roman Court; Scott Furtney, owner of the Diamond Bingo; and Kim Craitor, President, Niagara Falls Labour Council addressed Council. ~- Mr. Carpenter spoke on behalf of the four commercial bingo hall owners in N~'agara Falls, ~sked that the litonce fee which had been increased to 2% be r~d~'d ~o.'l~'~nd expressed opposition to the 15% expense rate set by the Province. Mr. Pingue discussed the increased licence fee. Mr. Raymond L. McKenna, Manager, Compllancee and Examination, Lotteries Branch, Ministry of Consumer and Commercial Relations was in attendance. Me responded to questions raised regarding the purpose of the licence fee; and explained the Order in Council No. 2797 for 1982, requiring that 15% be the maximum amount to be used by charitabIe organizations for bingo operation expenses; and that the Order in Council made the aforementioned requirement "a law" rather than a guideline. Mr. McKenna further explained that if a group was denied access to a hall facility only because of the Provincial terms and conditions of its contract, the Ministry would ensure that no other licence would be issued in that groupfs time slot. Mr. Craitor, and Mr. Wells expressed appreciation regarding the beneficial effects of the present local administration system for hingos. ORDERED on the motion of Alderman Harrington, seconded by Alderman Orr, that the report be received and adopted, and further, that the 2% licence fee be maintained, and that charities he permitted to pay honorariums. The motion Carrie~ with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded, and all others voting in favour. COMMUNICATIONS No. 63 - J.R. Boyce, Solicitor, Bartin, Shoppard - Re: Monastery of Mount Carmel. The communication advises that the Monastery of Mount Carmel is opposed to the closing of that portion of Portage Road. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that information be forwarded to the Solicitor, outlining progress to date respecting the reopening of Portage Road. Carried Unanimously- -3- No. 67 - The University of Western Ontario - Re: Course for Local Elected Officials. The communication attaches copies of a brochure announcing a Course for Local Elected Officials to be held at the University from May 20th to 23rd, 1987. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. No. 68 - Ontario Legislative Assembly - Re: Retail Store Hours. The communication advises that a Public Hearing will be held in Niagara Falls at 11:30 a-m. on Monday, February 23rd, 1987, at the Ramada Inn. ORDERI~D on the motion of Alderman Chessman, seconded by Alderman Campbell, that the Ontario Legislative Assembly be asked to reschedule a Public Hearing for Niagara Falls, with sufficient time being given to arrange attendance. Carried Unanimously. No. 69 - Niagara South Board of Education - Re: Open House. The communication invites Council to attend the Open House of the Niagara Falls Centre on February 24th, 1987, from 1:00 p.m. to 8:00 p-m. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be received and filed. Carried Unanimously. No, 70 - Greater Niagara Senior Citizens Association - Re: Open House. The communication invites Council to attend Open House at the Coronation Retreatlob Centre on March 10th, 1987 at 7:30 p.m. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and filed. Carried UnanimouSly. No- 71 - DowntownNiagara Falls - Re: DowntOwn B.I.A. Budget. The communication encloses the 1987 Budget of the Downtown Business Improvement Area. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be referred to the Finance Committee. Carried Unanimously. REPORTS PB-87-20 - Chief Administrative Officer - Re: Opportunities Study - Request for Extension. following: Commercial/Office The report recommends the 1) That Council favourably consider the request of the IBI Consulting Group to extend the completion date of the Commercial/Office Opportunities Study from March 15th to May 29th, 1987; No. 64 - Corporation of the City of Kingston - Re: Maximum Unit Prices (M.U.P.S.) for Non-Profit Housing. The communication asks Council to endorse a resolution petitioning the Federal and Provincial Governments to survey the methodology of establishing the M.U.P.S., and raise the Maximum Unit Price. It was noted that the East Niagara Housing Authority have no concerns locally respecting this matter. ORDERED on the motion of Alderman Hlnsperger, seconded by Alderman Coville, that the communication he received and the resolution endorsed. Carried Unanimously. No. 65 - Nine Council of Ontario - Re: Niagara Wine Route. The communication requests the support of Council regarding a proposal for a wine route being developed through the Niagara Peninsula.. OPaERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be received and the concept of a wine route be approved. Carried Unanimously. No, 66 - Environsent Canada - Re| High Water Levels. The communication includes information on water levels and shoreline management provided by the Great Lakes Water Level Communications Centre. ORDERED on the motion of Alderman Cummings, seconded by Alderman Marringtons that the communica~ion be received and filed. Carried ~nanimously. 2) That the Resolution listed on the 1987 02 23 Council agenda requesting the Ministry of Municipal Affairs to extend the study completion date, be adopted; 3) That the Ministry of Municipal Affairs be advised accordingly. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See Resolution No. 13. FD-87-19 - Environgenial Planning Committee - Re: Environmental Perception and lts Impacts on the Tourist Industry. The report recommends that copies of the attached report be forwarded to Tourism Canada for general information purposes~ in view of the Tourism Economic Study which has recently been initiated and to the Visitor and Convention Bureau, the Chamber of Commerce and the Regional Tourism Bureau. ORDERED on the motion of Alderman Coyills, seconded by Alderman Bakers that the report be received and adopted. Carried Unanimously. -4- FD-8?-21 - Chief Administrative Officer - Re; Interim Control By-law - Cansdin Niagara Falls Ltd. The report recommends the following: 1) That Council support a one year extension to Interim Control By-law 86-44; 2) That the By-law listed on the 1987 02 23 Council ageads be passed. Alderman Cu~nings declared a conflict of interest because he is employed by a company in the area. ORDERED on the motion of Alderman Janvary, seconded by Alderman Baker, 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 with all others voting in favour. See By-law No. 87-27. B-87-06 - Chief Administrative Officer - Re: Former Police Building, 4582 Zimmerman Avenue. The report states that Mr. Guggolz, the owner, has advised that renovations to the building will proceed "in the not too distant future", and further, that he intends to move to Niagara Falls to personally supervise the renovations; and recommends that this report be received for the informa- tion of Council and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. R-87-03 - Chief Administrative Officer - Re: Monthly Public Swimming - Y.M.C.A. The report provides information regarding pool attendance from January 2nd to Janoary 31st, 1987, and recommends that Council receive and file the information- ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. MW-87-31 -Municipal Works Committee - Committee Reports. The report recommends the following: 1~-87-22, Slope Stability - Portage Road- It is recommended that - 1) The City proceed with Portage Road remedial works immediately; 2) That the services of R.V. Anderson Associates Ltd. be engaged to undertake detailed design of remedial works, prepare contract documents, call tenders for the work, and provide contract administration services, all at standard A.P.E.O. rates at an estimated cost of $37,500.00; 3) That Staff be authorized to prepare a by-law authorizing the Mayor and City Clerk to sign the Engineering Agreement between R.V. Anderson Associates Ltd., and the Corporation of the City of Niagara Falls. 4) That the Committee~s recommendation on this matter be presented to Council the same evening for approval. MW-87-30, Transportation Safety Association Awards - 1986 - It is recommended that - 1) Drivers who have completed ten or more years of accident-free driving be authorized to attend the Transportation Safety Association Banquet on Saturday, March 14, 1987 at a cost of $13.00 per ticket; 2) That awards be presented to the eligible drivers. at the Municipal Service Centre by His Worship the Mayor between the hours of 3:00 p.m. and 4:00 p.m. on a date suitable to the Mayor. ORDERED on the motion of Alderman Minsperger, seconded by Alderman Janvary~ that the report be received and adopted. Carried Unanimously. -5- NW-87-27 - Chief Administrative Officer - Re: Proposed Storm Sewer Easement Agreement - Ontario Hydro and the City of Niagara Falls at Dorchester Village Subdivision. The report recommends that the by-law appearing on tonight's ageads authorizing the above easement agreement 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. 87-25. MW-87-28 - Chief Administrative Officer - Re: Exchange of Property between the City of Niagara Falls & Cyanamid Canada Inc. The report recommends that City Council approve the by-law appearing on tonight's agenda, authorizing the exchange of property with Cyanamid Canada Inc. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 87-27. F-87-13 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $377,807.22 for the period ending February 23, 1987 be approved by the passing of the by-law appearing later on the agenda. Alderman Campbell declared a conflict of interest on Cheque No. 22679 because the organization is a client. Alderman Cheesman declared a conflict of interest on Cheque No. 22680 because his wife is employed By the Board. Alderman Harringtoa declared a conflict of interest on Cheque No. 22722 because his wife is President of the Board. Alderman Hinsperger declared a conflict of interest on Cheque No. 22591 because he is employed by the company. Additional information was provided on Cheque No. 22612, and further information was requested on Cheque No. 22659. ORDERED on the motion of Alderman Janvary, seconded by Alderman Pay, that the report be received and adopted. The motion Carried with Aldermen Campbell, Cheesman, Harrington, and Hinsperger abstaining from the vote on Cheque Nos. 22679, 22680, 22722 and 22591 consecutively, on conflicts of interest previously recorded; Aldermen err, and Puttick voting contrary on Cheque No. 22659; Alderman Orr voting contrary on Cheque No. 22679; and with all others voting in favour. RESOLUTIONS No, 12 -CU~NGS - RINSPKRGER - RESOLVED that the Program of Proposed Supplementary Expenditures, including expenditures under the Ontario Municipal Improvement Fund, for Highway Improvements for the year 1987, dated February 23rd, 1987, be adopted as presented in the total estimated amount of $6,527,000.00 with an estimated subsidy of $2,433,700.00; AND the Seal of the Corporation be hereto affixed. Carried Unan. imously. No, 13 - CI]I~IINGS - HINSPERGER - RESOLVED that the Council of the City of Niagara Falls hereby requests that the Ministry of Municipal Affairs extend the completion date for the Commercial/Office Opportunities Study from Marsh 15ths 1987 to May 29th, 1987, and that the Ministry of Municipal Affairs be so advised; AND the Seal of the Corporation be hereto affixed. Carried Unan,i. mousl~.. -6- 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. 87-25 No. 87-26 - A by-law to authorize the execution of an easement with Ontario Hydro- - A by-law to authorize the sale of land to John Robert Coville. No. 87-27 - A by-law to authorize the exchange of land with Cyanamid Canada Inc. No. 87-28 - A by-law to amend By-law No. 86-44, being an interim control 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. No. 87-29 - A by-law to provide monies for general purposes. The motion Carried with Alderman Coville abstaining from the vote on By-law No. 87-26 on a conflict of interest because her husband is involved; Alderman C-mmtnga abstaining from the vote on By-law No. 87-27 on a conflict of interest previously recorded in Report PD-87-21; Aldermen Campbell, Cheesman, Herrington and Hinsperger abstaining from the vote on By-law No. 87-29 on conflicts of interest previously recorded in Report F-87-13; Aldermen Orr and Puttick voting contrary on By-law No. 87-29 as previously recorded in Report F-87-13; and with 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: 87-25 - A by-law to authorize the execution of an easement with Ontario Hydro. No. 87-26 - A by-law to authorize the sale of land to John Robert Coville. No, 87-27 - A by-law to authorize an exchange of land with Cyanamid Canada Inc. No. 87-28 - A by-law to amend By-law No. 86-44, being an interim control 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. No. 87-29 - A by-law to provide monies for general purposes. The motion Carried with Alderman Coyills abstaining from the vote on By-law No. 87-26 on a conflict of interest previouely recorded; Alderman Cummings abstain- ing from the vote on By-law No. 87-27 on a conflict of interest previously recorded; Aldermen Campbell, Chessman, Harrlngton, and Hinsperger abstaining from the vote on By-law No. 87-29, on conflicts of interest previously recorded} Aldermen Orr, and Puttick voting contrary on By-law No. 87-29 ~a previously recorded; and wlth all others voting in fayour. NEW BUSINESS ITEBS OF I!frgaRST: Tex Collectfon Procedure - Alderman Chessman initiated a discussion regarding criticism in the press with respect to the collection of taxes with respect to a large property owner in the City, and as Chairman of the Finance Committee provided information respecting the actions taken by Staff. He referred to the entitlement of property owners 'for confidentiality and non-discriminatory treatment, and in quoting directly from the Municipal Tax Sales Act of 1984, stated that the Job of the Treasurer is 'to collect taxes, not resister property". He reviewed information on the procedure for the registration of property. Alderman Chessman, and several other Aldermen expressed support of actions taken by Staff. 7 During the discussion, the suggestion was made by Alderman Pay that a legal opinion should be obtained in matters such as this prior to action being taken. O.W.M.C, Slte- West Lincoln - Alderman Puttick discussed a recent newspaper article regarding Premier Peterson's statement with respect to Dr. Chant's capability and the choice of West Lincoln as a site for the O.W.M.C. project. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman, that the newspaper recording of Premier Peterson's comments be referred to the Environmental Committee for consideration, and perhaps a letter to the Premier. Carried Unanimously. It was moved by Alderman Cummings, seconded by Alderman Harrington, that the meeting adjourn. Carried Unanimously. READ AND ADOPT , C CLERK NINTH MEETING REGULAR MEETING Council Chambers March 2, 1987 Council met on Monday, March 2nd, 1987 at 7:30 p.m. for the purpose of considering general business. All members of Council, with the exception of Alderman Campbell, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Puttick offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Coville, seconded by Alderman Orr, that the minutes of the meeting held February 23rd, 1987, be adopted as printed. Carried Unanimously. DEPUTATION SCHOOL SErPPORT - Commnicatton No. 72 - Mr. S. Dalybozyk - Re: School Support. The communication requests permission to address Council on the aforementioned matter. Mr. Dalybozyk was not in attendance at the meeting. COMMUNICATIONS No. 73 - City of Toronto - Re: Proposed Changes to The Canadian Copyright Act. The communication expresses appreciation for the information provided regarding the Toronto Public Library Board's position in connection with changes to the Canadian Copyright Act and the resolution from the City of Toronto. Miss Dorothy Van Slyke was in attendance. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the position of the City of Toronto be endorsed. Carried Unanimously. No. 74 -~/derman Jim Pay - Re: Maple Leaf Village Tax Situation. The communication discusses concerns regarding the procedure for the collection of tax arrears from the Maple Leaf Village, and requests detailed information on any property where the taxes are in excess of 2 years in arrears and knowledge of what action is anticipated prior to any arrangements being made. Alderman Pay stated that he had "lost faith and trust in the administration". Alderman Puttick asked that it be recorded that he does not agree with Alderman Pay's statement regarding the loss of "faith and trust", and that information is made available from Staff when requested. Aldermen Cummings and Harrington also expressed disagreement with the words used by Alderman Pay. Alderman Pay discussed the responsibility of the administration to provide important information for the members of Council who are "ultimately responsible" for decisions. Alderman Cheesman referred to the "policy making decisions" of Council, and the responsibility of Staff to execute those decisions. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously.. REPORTS B-87-07 - Chief Administrative Officer - Re: Replacement of Roofing System at Stamford Arena. The report recommends that City Council accept the adjusted bid in the amount of $69,300.00 as submitted by Gary Wild Roofing for the above referenced re-roofing project. - 2 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. Resolution No. 14. B-87-09 - Chief Administrative Officer - Re: Site Plan Approval, Proposed 7 Eleven Food Store, Stanley Avenue and Ferry Street (S/E corner). The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed food store, and the site plan being drawing number SP-1 dated February 6th, 1987 and filed with the Buildings and Inspections De- partment of the City of Niagara Falls on February 26th, 1987, and that such approval be subject to the conditions outlined in the report- A lengthy discussion followed with regard to aesthetic concerns in connec- tion with this locality and the possibility of planting trees on the property. It was suggested that the proponent be asked to plant trees on the site. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried wlth the following vote: AYE: Aldermen Baker, Chessman, Coyills, Cummings, Herrington, Hinsperger, Orr, Pay, and Puttick. NAYE: Aldermen Mopkiss and Janvary. It was moved by Alderman Hinsperger, seconded by Alderman Orr, that the matter be referred to Staff with the recommendation that in the preparation of site plans trees be planted wherever possible, and that the Zoning By-law be amended accordingly. Carried Unanimously. B-87-10 - Chief Administrative Officer - Re: Site Plan Approval, Proposed Commercial Plaza, McLeod Road (south side between Drummond Read and Alex Avenue)- The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed commercial plaza, and the site plan being drawing number 1 dated February, 1987, as revised and the site grading plan being drawing number 87004-2 dated January, 1987 and filed with the Buildings and Inspections Department of the City of Niagara Falls on February 26th, 1987, and that such approval be subject to the conditions included in the report. Alderman Puttick stated that he is employed within 400' of the subject lands, however, he does not have a conflict of interest. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Chessman, Coville, Cummings, Herrington, Rineperger, Orr, Pay, and Puttick. NAYE: Alderman Janvary, and Hopkins. B-87-11 - Chief Administrative Officer - Re: Security Services - City Hall. The report recommends that Council approve the by-law on tontght's agenda authorizing a 3.8% increase in payment to the Canadian Corps of Commissionaires for the provision of City Hall Security services for the period commencing April 1, 1987 through March 31, 1987. ORDERED on the motlos of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 87-35. a-87-04 - Chief Admiuistrative Officer - Re: Hockey School - Niagara Falls Memorial Arena. The report recommends that Council authorize Staff to prepare an agreement with the Pro-Star Niagara Hockey School for the use of the Niagara Falls Memorial Arena for a 1987 Summer Hockey School. Mr. Don McLean, co-owner of the Pro-Star Niagara Hockey School was in attendance. - 3- ORDERED on the motion of Alderman Cummings, seconded by Alderman ttinsperger that the report be received and adopted. Carried Unanimously__._:.. R-87-05 - Chief Administrative Officer - Re: Hockey School - Stamford Memorial Arena. The report recommends that Council authorize Staff to prepare an agreement with the Junior "B" Canucks for a summer hockey school at the Stamford Memorial Arena this summer. ORDERED on the motion of Alderman Covllle, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. MW-87-14 - Nunicipal Parking & Traffic Committee - Re: 1987-1988 Agreement with Canadian Corps of Commissionaires (Hamilton). The report recommends that the by-law appearing later on the agenda, authorizing an Agreement with the Canadian Corps of Commissionaires (Hamilton) for by-law enforcement purposes be approved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously.___L See By-law No. 87-34. RW-87-15 - Chief ~amtnistrative Officer - Re: Parkway Gardens Subdivision - Phase III- Sidewalk on Galt Crescent. The report recommends that Staff be authorized to reduce the sidewalk requirement on Galt Crescent from both sides of the street to that fronting Lots 95, 96 and 97 only. During the discussion regarding the necessity for the proposed walkway, the Chief Administrative Officer advised that the Planning Department had recommended the walkway. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cheesman, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Chessman, Coyills, Marrington, Hinsperger, Janvary, Orr, and Puttick. NAYE: Aldermen Baker, Cummings, Hopkins, and Pay. MW-87-32 - Chief Administrative Officer - Re: Contract S.W.C. 3-87 - Sewermain & Watermain Construction on Thompson Road. The report recommends that the unit prices submitted by the low tenderer, Greenwood Contracting Ltd., 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. 15 M/-87-34 - Municipal Works Comafires - Re: Committee Reports. The report recommends the following: 1) MW-87-26, Tree Removal Quotations - It is recommended that the quotation from Allen Tree Service for the removal of 28 trees for a total cost of $9,150.00 be accepted. 2) HW-87-24, Loaders/Baekhoe & Grader Operator Upgradtng Programs - It is recommended that one grader operator and one loader/backhoe operator be authorized to attend upgrading programs sponsored by the Ontario Good Roads Association in co-operation with Sheridan College of Applied Arts and Technology during the month of May. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. NW-87-35 - Municipal Works Cous4ttee - Re: MW-87-29, Regional Municipality of Niagara Waste Management Master Plan Draft Report - Stage 3. The report recommends the following: -4- 1) That the Regional Municipality of Niagara be advised that the City of Niagara Falls supports the implementation of System 2 (Club) approach as a long term goal to be achieved throngh the continued support of the develop- meat of the Waste Management Master Plan by the City; That the Region be advised that if the City of Niagara Falls is unable to obtain a grade change to extend the life of the Mountain Road landfill site, the City believes that it is in the City'a beat interest to proceed with the implementation of System 1; 3) That the Region be advised that in implementing System 1, it will be undertaken in s manner to fit in with the long term objective of achieving the ultimate waste disposal goal of implementing the System 2 (Club) approach; 4) That the Regional Municipality of Niagara distribute subsequent drafta of the report to all area Municipalities for comments prior to adoption of the Waste Management Master Plan. During the discussion, membera of Council expreaaed concern regarding the possible location of a Central Landfill site, and the cost to taxpayers. ORDERED on the motion of Alderman Janvary, seconded hy Alderman Baker, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Chessman, Coville, Cummings, Earrington, Hlnsperger, Hopkins, Janvary, Orr, and Futtick- NAYE: Alderman Pay. F-87-14 - Chief Adsdnistrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $807,999.15 for the period ending March 2, 1987 be approved by the passing of the by-law appearing later on the agenda. Alderman Hinsperger declared a conflict of interest on Cheque Nos. 22731, and 22755 because he is employed with the company. Additional information was provided on Cheque Nos. 22738 and 22760. ORDERED on the motion m£ Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on Cheque Nos. 22731 and2~on conflicts of interest previously recorded; Alderman Hopkins voting contrary on Cheque No- 22789; and with all others voting in favour. C9-87-10 - Chief Adaintstrative Offlcer - Re: Council Meeting - March 16, 1987. The report recommends that the Council meeting scheduled for Monday, March 16, 1987, be cancelled- ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No, l~ - CI~I~S - BINSPEBIIER - RESOLVED that the unit prices submitted by Gary Wild Heeling for Replacement of Roofing System at Stamford Arena, be accepted at the low tendered amount of $69s300.00; AND the Seal of the Corpor- ation be hereto attached, Carried Unanimously. No. 15 - C~!!INCS - HINSPKRGF-~- RESOLVED that the unit prices submitted by Greenwood Contracting Ltd., for contract S.W.C. 3-87 - Sewermain and Watermain Construction on Thompson Road, be accepted at the low tendered amount of $84,319.80; AND the Seal of the Corporation be hereto attached, Carried Unanimously. -5- No, 16 - CHEESMAN - BAKER - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby petitions for an allocation of subsidy funds for the provision of a public transportation service for physically disabled persons for the year 1986, in the amount of $2,221.00 for Operating, under the provisions of The Public Transportation and Highway Improvement Act; AND the Seal of the Corporation be hereto attached. Carried Unanimously. REPORTS B-87-12 (HANDOUT) - Chief Administrative Officer - Re: Air Conditioning System - City Hall. The report reconnnends that Council authorize Staff to proceed immediately with inviting quotations to remove the existing equipment, and supply and install two 90 ton air cooled package chillers in accordance with specifications supplied by White, Mossop and Erling, Consulting Engineers. Mr. Peter White of White, Mossop and Erling; and Mr. George Domitrek, representing E.S. Fox were in attendance. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the report be received and adopted, and Option No. 1 be approved. Carried Unanimously. His Worship Mayor Smeaton asked Alderman Janvary to act as Chairperson, and retired from the meeting. ~ FC-87-07 (HANDOUT) - Chief Administrative Officer - Re: Parking Fund - 1987 Operating Budget. The report recommends that the Finance Committee review and approve the 1987 Parking Fund operating Budget. The report was approved by the Finance Committee earlier on this date. ORDERED on the motion of Cummings, seconded by Alderman Coville~ that the report be received and adopted. Carried Unanimously. FC-87-08 (HANDOUT) - Chief Administrative Officer - Re: 1987 City Spending Estimates. The report recommends that the Finance Committee review the fore- going and attached informations and approve the 1987 City own expenditures as set out in Schedule I in the amount of $41,436,600.00. The report was approved by the Finance Committee earlier on this date. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the report be received and adopted. The motion Carried with Alderman 0rr voting contrary on Section 18s Indoor Pool Rentals and all others voting in fayour. 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: Alderman Puttick advised that although the Service Manager of his place of employment is involved in By-law No. 87-31, he does not have a conflict of interest. No, 81-30 - A by-law to amend By-law No- 3790, being a by-law for the regulation of traffic. (Overnight parking - Council meeting February 23, 1987). No, 87-31 - A by-law to authorize the sale of certain lands in the City of Niagara Falls. (Valley~ay & Willmort Street - Council meeting November 17, 1986). 87-32 - A by-law to authorize the execution of an agreement with Greenwood Contracting Ltd. for sanitary sewer and watermain installation. No, 87-33 - A by-law to authorize the execution of an agreement with Sunnylea Construction Limited et al for Parkway Gardens Subdivision - Phase III. No, 8?-34 - A by-law to authorize an agreement with Canadian Corps of Commissionaires (Hamilton). (Attaching Letter of Agreement), -6- No- 87-35 - A by-law to authorize an agreement with Canadian Corps of Commissionaires (Hamilton). (Attaching Agreement). No. 87-36 - A by-law to provide monies for general purposes. The motion Carried with Alderman Orr voting contrary on By-law No- 87-30; Alderman Hinsperge"""'r abstaining from the vote on By-law No. 87-36 on a conflict of interest previously recorded in Report F-87-14; Alderman Hopkins voting contrary on By-law No. 87-36 as previously recorded in Report F-87-14; and with all others voting in favour- ORDERED on the motion of Alderman Cummings, seconded by Alderman Binsperger, that the following by-laws be now read a second and third time: No. 87-30 - A by-law to amend By-law No. 3790, being a by-law for the regulation of traffic. Ne- 87-31 - A by-law to authorize the sale of certain lands in the City of Niagara Falls. Nm. 87-32 - A by-law to authorize the execution of an agreement with Greenwood Contracting Ltd. for sanitary sewer and watermain installation. No. 87-33 - A by-law to authorize the execution of an agreement with Sunnylea Construction Limited et al for Parkway Gardens Subdivision - Fhase III. No. 87-34 - A by-law to authorize an agreement with Canadian Corps of Conunissionaires (Hamilton). Nu. 87-35 - A by-law to authorize an agreement with Canadian Corps of Commissionaires (PLamilton). No. 87-36 - A by-law to provide monies for general purposes. The motion Carried with Alderman Hinsperger abstaining from the vote on By-law No. 87-36 on a conflict of interest previously recorded; and with all others voting in favour. 7 His Worship Mayor Smeaton returned to the meeting. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hopkins, that Staff be directed to accelera.te the current rehabilitation scheme, and provide statistical data for the Federal and Provincial Governments regarding local em~pl~y~n~en~h~/~otion Carried With the following vote: AYE: Mayor Smeaton and Aldermen Baker, Chessman, Coville, Cummings, Harrlngton, Hinsperger, and Hopkins. NAYE: Aldermen Orr, Pay, and Puttick. Services for Young Physically Disabled in Niagara/Special Needs Council - Alderman Janvary referred to her report to Council dated March 2nd, 1987, which supports, in principle, the three priority recommendations made to the Niagara District Health Council, to establish a Regional Resource Centre, a Regional Special Needs Council, and hire a full-time Staff person. ORDERED on the motion of Alderman Baker, seconded by Alderman Coville, that a letter be forwarded from the Mayor's office to Mr. Steve Elson, Fonthill, advis- ing of the support and asking that the proposed Centre he located in Niagara Falls. Carried Unanimously. ITEMS OF II~ST Mr. Murray Burkholder - Alderman Cummings referred to the Burkholder Hockey School which had been operated by Mr. Murray Burkholder at the Stamford Memorial Arena for a great number of years. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that a letter of appreciation be forwarded to Mr. Burkholder from Mayor Smeatonts office. Carried Unanimously. Board of Muse-m~ - Alderman Hopkins referred to the handout invitation from the Niagara Falls Board of Museums with respect to the Public Meeting scheduled for Thursday, March 5th, 1987, in the Niagara Falls Public Library; and the presentation of the Draft of the Final Report of the Feasibility Study for redesigning of the Lundy's Lane Historical Museum. He stated that a report would be submitted to Council at a later date. NEN BUSINESS I11NS OF CON(~J~ Lsnd/Cro~land Avenue & Lyon's Creek Road - Alderman Coville referred to the recent purchase of land at the southeast corner of Crowland Avenue and Lyon's Creek Road, to be used for parkland. ORDERED on the motion of Alderman Coville, seconded by Alderman Cummings that the matter of the subject land be referred to Staff with the request that this be used for parks and recreation for Crowland Park. Carried UnanimouSly. F~MCo.~mique/Ta~eaittances - Alderman Chessman discussed new procedures for revenue collection, on a bi-monthly rather than monthly basis, recently announced by Finance Minister Michael Wilson. ORDERED on the motion of Alderman Cheeeman, seconded by Alderman Cummings that the matter of the impact on the Municipal finances of the newly announced accelerated tax system of the Federal Government be referred to Staff for a report. Carried Unanimously. ~ Co=--.~lque/Cnnadian Infrastructure - Alderman Cheesman referred to the suggestion of FCM that all members contact their Members of Parliament outlining benefits to the Federal Government of .a Municipal infrastructure program with cost sharing by the three levels of government, Special Meeting/Tipping Fees - Alderman Janvary referred to the Special Meeting scheduled for Thursday, March 5th, 1987 at 7:30 in the Council Chambers, for a discussion of Tipping Fees at the Landfill Site. Alderman Campbell entered the ~eting. Special Needs Councll/C.A.R.E. - Alderman Janvary advised that the Special Needs Council had received a cheque, from the Federal Government, in the amount of $3,489,00 through the office of Rob Nicholson~ M,P,, for Special Needs Council maps of the City of Niagara Falls showing areas of accessible recreation for physically discbled persons, Special Needs Council/Newsletter - Alderman Janvary referred to the Niagara Falls Special Needs Council Newsletter which had been a handout item this evening. It was moved by Alderman Cummings, seconded by Alderman Puttick, that the meeting adjourn. RE~D AND ADOPTED, CLERK -8- MAYOR SMEATON TENTH ~ETING COMMITTEE OF THE WHOLE Committee Room ~1 March 9, 1987 Council met on Monday, March 9th, 1987 at 6:30 p.m. in Committee of the Whole. All members of Council were present. Alderman Hinsperger presided as Chairman. Following consideration of the arose to report in open Counci :esented, the Committee of the Whole READ AND ADOp/T{D, CLERK MAYOR WIL S. SMEATON PLANNI! MEETING Council Chambers March 9, 1987 Council met on Monday, March 9th, 1987 at 7:30 p.m. for the purpose of considering Planning Matters and regular business. All members of Council, with the exception of Alderman Hinsperger, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Harrtngton offered the Opening Prayer. ADOPTION OF MINUTES Alderman Puttick referred to the Minutes of the Council meeting held March 2nd, 1987, Communication No. 74, and the subsequent discussion. In response to questions raised, the Chief Administrative Officer stated that in connection with the presentation regarding Maple Leaf Village, he had not had a discussion with Alderman Cheesman prior to the Council meeting. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the minutes of the meeting held March 2nd, 1987 be adopted as printed. Carried Unanimously. WEL COME SIKTn NIAGARA SCOUT TROOp - His Worship Mayor Smeaton welcomed Scouts from the Sixth Niagara Scout Troop of St. Andrew's United Church, and Scout Leaders A1 Loyd and Dave DtOrsay, to the meeting. DEPUTATION NIt, JINWELLS - BINGO OPERATIONS - Mr. Jim Wells, Executive Director, John Howard Society addressed Council · regarding the maximum amount to be used by charitable organizations for bingo operation expenses. He referred to the communication the Society had received from the City advising that they must obtain refunds from the hall owners for all monies paid in excess of the 15% allowed for expenses for BinSos, back to January 1, 1987. Mr. Wells stated that if honorsflume were paid by the Clubs, the hall owner would not accept them for the next term of bingo, and further, that there was at least one other hall where a similar situation existed. Alderman Cummings declared a conflict of interest, because he is a member of an organization directly involved. Following a discussion, it was moved by Alderman Puttick, seconded by Alderman Harrington, that the matter be referred to the Solicitor for the submission of a draft amendment to the Public Hall Licerice By-law in two weeks. The motion qarried with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded, and all others voting in fayour. -2- REPORTS - PLANNING MATTERS PD-S?-31 - Chief Adainistrative Officer - Re: Zoning Amendment Application AM-37-86, and Official Plan Amendment No. 157; Applicant, Canadia Niagara Falls Ltd., Dorchester Road. The report recommends the following. 1) That Council adopt Planning Report PD-87-04, dated 1987 01 12, as amended by the applicant's revised apartment proposal of 8 storeys, 78 units; 2) That the small portion of the former Junkin Avenue road allowance, located directly west of the Dorchester Village Phase III Subdivision, be rezoned from PI to R1B. His Worship Mayor Smeaton declared the Public meeting open, and explained the procedure to be followed under the Planning Act 1983. "~.~'~Cle~k~.a~y~sed the the Canadia property was located on the east side of Dorchester Raa'hF s~uth of~tDawson Street; that the intent of the revised applica- tion was to facilitate the development of an eight storey, 78 unit apartment building and 52 townhouse units, and accommodate a housekeeping change for the Dorchester Village Phase III Subdivision. He further advised that the Notices of the Public Meeting had been forwarded on February 6th, 1987; and a notice had been published in the local newspaper with respect to the Official Plan Amendment on February 7th, 1987. Alderman Cummings declared a conflict of interest because he is employed with a company located across the road from the subject lands. His Worship Mayor Smeaton recaived a positive response to his request for a show of hands regarding the presence of the applicant or his agent, and persons in fayour of, or opposed to the application. He requested 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. The Senior Planner reviewed the subject lands with the assistance of posted sketches. He reviewed the following information contained in the Technical Report: Background; Development Proposal; Report PD-87-03; Planning Review; and Site Plan Review. Mr. Paul Heath, Solicitor, spoke on behalf of a number of residents in the area. He advised that subsequent to meetings between the developer and the residents, many of the residents were satisfied with a townhouse development subject to guarantees respecting the quality of the development; but there were still concerns regarding the apartment development, a sufficient number of trees being planted on the berm to provide adequate privacy to adjacent properties, develuation of properties because of the proposed 8 storey apartment building. Mr. Leonard Penechetti, President of Canadia Niagara Falls Limited, discussed his family's long standing interest in Niagara Falls; the market feasibility study completed to determine the type of residential development which would be suitable for the subject lands; and efforts made to compromise with a revised proposal. Following a lengthy discussion, it was moved by Alderman Cheesman, seconded by Alderman Coville, that the application be divided and the proposal for the townhouses and apartment building be considered separately. Tha motion Carried with Alderman Cummings abstaining from the vote on a conflict of interes~ = previously recorded, and with the following vote: AYE: Aldermen Baker, Campbell, Chessman, Coville, Herrington, Hopkins, and Janvary. NAYE: Aldermen Orr, Pay, and Puttick. Since no further comments were forthcoming, Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Chessman, seconded by Alderman Campbell, that the report be received, and the proposal for a townhouse development be approved. The motion Carried with Alderman Cummings abstaining from the vote on a conflic~ of tnterest~reytously recorded, and with the folloWtn~ vote:- -3- AYE: Aldermen Baker, Campbell, Chessman, Coville, Harringtou, Hopkins, Janvary, and Puttick. NAYE: Aldermen Orr, and Pay. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Janvary, that the 8 storey apartment building be approved. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Hopkins, Janvary, Orr, Pay, and Puttick. NAYE: Aldermen Coville, and Harrington. His Worship Mayor Smeaton declared a 5 minute recess at 9:04 p.m. the recess, members of Council reconvened in the Council Chambers. Following PD-87-29 - Chief Administrative Officer - Re: AM-36-86, Executive Motel; Leo; Ferry Street. recommendations: Zoning Amendment Application The report makes the following 1) 2) That Council not support the proposed rezoning of the subject lands for a seven storey, 128 unit hotel; That the applicant be encouraged to consider alternative building designs which reduces building height, increases building setbacks and provides more landscaped open space. Hie Worship Mayor Smeaton declared the Public Meeting open, and explained that the same procedure would be followed as in the previous application. The Clerk advised that the property, known as the Executive Motel, is located on Ferry Street between Main Street and Stanley Avenue, and the proposal is to amend Zoning By-law No. 79-200, to permit construction of a seven storey, 128 unit hotel. He stated that the Notices of the Public Meeting were forwarded on February 6th, 1987. A positive response was received to Mayor Smeaton's request for a show of hands with respect to the presence of the applicant or his agent, as well as those persons present in fayour of, or opposed to the proposal. He asked 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. The Senior Planner reviewed the subject lands with the assistance of posted sketches, and discussed the following information contained in the Technical Report: Development Proposal, Zoning by-lawAmendment, Official Plan, Surrounding Land Use~ Public Notification Process, and Planning Review. There was a negative response to Mayor Smeaton's request for comments from those persons present, other than the applicant, in support of and opposed to the by-law. Mr. Brian Watkinson, Architect, discussed the "unusual site configuration"; the need for a specified number of units to make the proposal viable; and the uniqueness of the design to reduce the "mass of the building as it faces the street. Comunlcatlon No. 75 - D.F. MarineIll, Solicitor, - Re: Re-Zoning Application - Leo - AM-36/86. The communication attaches a Petition signed by owners of land and/or commercial businesses operating in the immediate vicinity of the Executive Motor Inn, urging approval of the application. -4- Mr. Dante Marineill, Solicitor for the applicant, reviewed the historical background of the subject lands, the need for up-graded hotel faciiities in the area, and preservation of the proposed units in order to meet the demand and "raise the cash flow to support the additional financing required to make the project viable". He asked Council to support the proposal. 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 the application approved. The motion Carried with the following vote: -- AYE: Aldermen Campbell, Cheesman, Cummings, err, Pay, and Puttick. NAYE: Aldermen Bakers Coyills, Herrington, Hopkins, and Janvary. PI)-87-26 - Chief Administrative Officer - Re: AM-38-86, Roman Court, 5195 Magdalen Street. following: Zoning Amendment Application The report recommends the 1) That Council support the proposed amendment to Zoning By-law No. 79-200 permitting a hotel building with a height limitation of 13 storeys and 100 units; 2) That the applicant provide the requested land dedications for road widening and daylighting triangles through the Site Plan Process; 3) That Council direct Staff to prepare an appropriate Zoning By-law amendment which reflects the application submitted, the detailed considerations con- tained in the Technical Report, and that further phases of development upon the site be subject to a subsequent By-law amendment; 4) That Council direct Staff to proceed with the preparationof a streetstaping plan and a cost sharing scheme with the applicant; 5) That the applicant and the Regional Municipality of Niagara be advised accordingly. 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 application proposes to amend Zoning By-law No. 79-200 to permit the development of a 13 storey 100 unit Hotel complex on the north western corner of Magdalen Street and Ellen Avenue. He advised that the Notice of the Public Meeting had been forwarded by first-class mail on February 6, 1987. His Worship Mayor Smeaton advised that the applicant and his agent were in attendance, and received a positive rapeuse to his request for a show of hands indicating the presence of persons in fayour of, or against the application. He asked that all persons wishing to receive further notice of the passin~ of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Senior Planner reviewed the location of the subject lands with the assistance of posted sketches. He discussed the following information contai~ed in the Technical Report: Property Description, Development proposals Zoning By-law Amendment, Official Plan, Surrounding Land Uses, Public Notification, Planning Review and Site Plan Review. The Senior Planner advised that the recommendation No. 2 should be amended to include the~addition of sidewalks in the Site Plan Process. A negative response was received to Mayor Smeaton's request for comments from persons, other than the applicant or his agent in support of-the application, and to his request for comments from persons opposed to the application. ! . . Mr. Dante MarineIll, Solicitor for the applicant, .advised that they were in agreement with the suggestions of the Planning Department. -5- Following further discussion regarding parking facilities, His Worship Mayor Smeaton received a negative response to his request for further comments from persons present and declared the Public Meeting closed. ORDERED on the motion of Alderman Pay, seconded by Alderman err, that the amended report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Campbell, Chessman, Coville, Cummings, err, Pay, and Puttick. NAYE: Aldermen Baker, Harrington, Hopkins, and Janvary. PD-'87-28 - Chief Administrative Officer - Re: Zoning Amendment Application AM-43-86, Ameri-Cana Motel Ltd. Pyramid Place, 5400 Robinson Street. The report recommends the following: 1) That Council support the proposed amendment to Zoning By-law amendment as detailed in PD-87-25, conditional upon the applicant entering into the re- quired Site Plan Agreement; 2) 3) That Staff be directed to prepare the necessary Zoning By-law Amendment for enactment at a subsequent Council meeting; That the applicant and the Regional Municipality of Niagara be advised accordingly. 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 is to amend the zoning of the subject lands by removing the Special Provision and allowing the lands to become free standing parcels; and further, that the property is located on the south east corner of Buchanan Avenue and Robinson Street. He stated that the Notices of the Public Meeting were mailed by first-class mail on February 6, 1987. His Worship Mayor Smeaton requested a show of hands from the applicant or his agent, and persons in favour of, or against the proposal, and received a positive response. He asked 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 Senior Planner explained the location of the subject lands with the assistance of posted sketches. He reviewed the following information included in the Technical Report: Development Proposal, Official Plan, Zoning By-law Amendment, Surrounding Land Use, Public Notification, and Planning Matters. His Worship Mayor Smeaton received a negative reponse to his request for comments from persons, other than the applicant and his agent, in support of the application, and persons opposed to the application. Mr. John Simon, adjoining owner~ received clarification regarding the site plan which is required for Pyramid Place. Mr. A.A. MacBain, Solicitor for the applicant, expressed acceptance of the submission of the Planning Department report, and further, that approval of the application would allow the three properties to be "viable and important commercial developments in Niagara Falls". The Senior Planner responded to questions raised regarding the application. Since no further comments were forthcoming, Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. P1)-8?-21 - Chief Adsinistrative Officer - Re: Zoning Amendment Application AM'46'86s Parkview,Hotel, Buchanan Avenue. The report recommends the following: -6- 1) ~) That Council not support the proposed rezoning of the subject lands for a 13 storey, 122 unit hotel complex. That the applicant be encouraged to consider alternative building designs and concepts, namely: (a) the development of a four-storey hotel complex in keeping with the normal zoning standards and provisions prescribed in Zoning By-law No. 79-200, or; (b) the submission of a substantially reduced Zoning By-law amendment application in terms of building height and densities, in keeping with the basic principles of the Lanmer-Fenco study and Council's Hotel study guidelines, or; (c) the assembly of lands to more appropriately accommodate the design and scale of the project presently being proposed. - AND - Cozmunication No. 76 - N.A. McKay, Solicitor, Den Ouden & NcKay - Re: Preliminary Application AM-46-86, Proposed Hotel, Buchanan Avenue south of Murray Street. The communication opposes the application on behalf of Mrs. Hilde Mercnik because of shadowing, height restriction, and minimum rear yard depth. His Worship Mayor Smeaton declared the Public Meeting open and advised that the procedure under the Planning Act, 1983 would. he followed. The Clerk advised that the property was on the west side of Buchanan Avenue south of Murray Street, and the application was to amend the Zoning By-law No. 79-200, to permit the construction of s 13 storey 122 unit hotel complex. He further advised that the Notices of the Public Meeting had been forwarded on February 6th, 1987. His Worship Mayor Smeaton advised that Mr. Dante Marineill, Solicitor for the applicant was in attendance. He received a positive response to his request for a show of hands indicating the presence of persons in fayour of, or opposed to the application. Mayor Smeaton advised that the procedure would he similar to the previous Public Meetings held earlier. Alderman Hopkins declared a conflict of interest because a member of his family is involved in the matter. The Senior Planner discussed the location of the subject lands with the assistance of posted sketches. He reviewed the following information contain~d in the Technical Report: Property Description, Development Proposal, Zoning By-law Amendment, Official Plan, Surrounding Land Uses, Public Notifica- tion, Planning Review, and Site Plan Review. There was a negative response to a request from Mayor Smeaton for comments of persons, other than the applicant or his agent, in,support of the ~ application. Mr. N.A. McKay, Solicitor, representing Mrs. Hilde Mercnik, referred to his written submission supporting the position of the Planning Department that the application not be approved by Council. He referred to the height of the proposed hotel complex and shadowing circumstances, and suggested that the property "should be reviewed by the architect and developer in relation to the structure of the land itself". Mr. John Hopkins, Solicitor for Zap Inc., expressed opposition to the proposal with respect to the size of the structure. Mr. George Yerich, The Holiday Inn by the Falls, discussed the facade, and scale of the proposed building in relation to the lot size and parking require- ments, expressing concern regarding the traffic'.overflow,'..He expressed further concern with respect to landscaping, -7- Mr. Wayne Murray, of Chapman & Associates, reviewed background details regarding the proposal, the beneficial economic effect of a compact structure, and indoor parking facilities, and stated that "at no time will there ever be a shadowing on the property described as a house on the southern location". He discussed the proposed landscaping as following the natural slope of the land. Mr. Dante Marineill, Solicitor for the applicant, advised that the information was submitted to the Building Department, and it was understood that if "working drawings were submitted, a permit would be available". He discussed parking facilities, the Lanmer-Fenco Study, and density. He asked that the application be tabled in order that adjoining land owners, the Planning Depart- ment and the developers might have a meeting to resolve the concerns. Since no further comments were forthcoming, Mayor Bmeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the report be received and tabled. The motion Carried with Alderman Hopkins abstaining from the vote on a conflict of interest previossly recorded, and with all others voting in favour. It was moved by Alderman Cummings, seconded by Alderman Janvary, that approval be given to proceed past 11:O0 p.m. The motion Carried with the following vote: AYE: Aldermen Baker, Coville, Cummings, Harrlngton, Hopkins, Janvary, and Pay. NAYE: Aldermen Campbell, Chessman, Orr, and Puttick. REGULAR MEETING COMMUNICATIONS No. 77 - Environment Canada - "Environment Week". The communication requests a proclamation, and participation in the organization of special activities and events to promote "Environment Week" scheduled for June 1st to 7th, 1987. ORDERED on the motion of Alderman Chessman, seconded by Alderman Coville, that the request for a proclamation be approved subject to established policy, and the communication be referred to the Environmental Committee for considera- tion. Carried Unanimously. No. 78 - Greater Niagara BaseballAssociation (G.N.B.A.} - Re: Molson NHL Slo-Pitch Challenge at Oakes Park. The communication requests a Special Occasion Permit for the event to be held June 19th to 21st, 1987. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the request of the Greater Niagara Baseball Association for a special occasion permit for the Molson NHL Slo-Pitch Challenge, to be held at Oakes Park, Niagara Falls, on June 19th, 20th, and 21st, 1987, 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. 79 - Hiagara Regional Police Force - Re: Drinking & Driving Countermeasures. The communication asks that no action be taken on the resolu- tion from The Ontario Traffic Conference to encourage the continued program of A.L.E.R.T. breath testing on the road year-round. ORDERED on the motion of Alderman Campbell, seconded by Alderman art, that the communication he received and filed. Carried Unanimous.1z. No. 80 -Niagara Promotion Association - Re: Blossom Festival '87. The communication requests a Parade Permit for the Blossom Festival to he held May 2nd, 1987, and the assistance of Staff in co-ordinating the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coyills, that the request be granted subject to the approval of the Niagara Parks Commissions and Staff be authorized to assist. REPORTS B-87-13 - Chief Administrative Officer - Re: Cash-in-Lieu Agreement between the Corporation of the City of Niagara Falls and Cavalier Motel Limited (Houdini Museum), 4893 Clifton Hill. The report recommends that Council pass the by-law on tonight's agenda authorizing the cash-in-lieu agreement with Cavalier Motel Limited. The Chief Administrative Officer advised that Paragraph 3 of the Background details in the report should be amended to read "The total cost of 7 parking spaces will amount to $28,000.00, (this being seven (7) times $4,000.00 which is the estimated actual cost of a parking space). ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the amended report be received and adopted. Carried Unanimously. See By-law No. 87-40. B-g7-14 - Chief Administrative Officer - Re: Site Plan Approval, Proposed Commercial Building, Bridge Street and Third Avenue (N/E corner). 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 filed with the Buildings and Inspections Department of the City of Niagara Falls on March 2rid, 1987, and that such approval be subject to the conditions outlined in the report. It was suggested by Alderman Hopkins that the matter of small commercial sites throughout the City with no conformity, should be referred to Staff for consideration with a revised Official Plan. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Coville, Cummings, Marrington, Janvary, Orr, Pay, and Puttick. NAYE: Alderman Hopkins. !~-87-36 - Municipal Parking & Traffic Conatttee - Re: Flashing Red Lights on Stop Signs at Intersection of Kalar Road and Thorold Stone Road. The report recommends that the City request the Regional Municipality of Niagara to install flashing red lights in conjunction with stop signs facing traffic on Kalar Road at the intersection of Kalar Road and Thorold Stone Road. During the discussion, it was suggested that the situation along the whole length of Thorold Stone Road should he investigated. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. MW-87-37 - Municipal Parking & Traffic Committee - Re: Crossing Guard at the Corner of McLeod Road and Dorchester Road. The report recommends the following: l) That a second Crossing Guard be placed at the intersection of McLeod Road and Dorchester Road for a trial period of one year; and That Staff report back to the Municipal Parking and Traffic Committee and -Council at the end of the one year period on the effectiveness of this procedure. During the discussion it was pointed out that the setting sun contributed to the problems incurred at this intersection, and further, that cars, owned by the parents of school children, being parked on the street and in the nearby strip plaza were adding to the hazardous conditions. Suggestions were made for a "roving traffic person", and the possibility of approaching the Principal of the school in an attempt to resolve the concerns. ORDERED on the motion of Alderman Cummings~ seconded by Alderman Puttick, that the report be referred to the Parking & Traffic Committee for further consideration. Carried Unanimously. MM-87-38 - Municipal Parking & Traffic Comaittee - Re: Murray Street Parking Problem, The report recommends that a "No Parking" zone be created on the south side of Murray Street commencing at a polar 66.4 m east of the east curb face of Locus Avenue to a point 71.86 m east of the curb face of Locus Avenue, .ORDERED On the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Cartled Unanimously. . . · . 9 -9- Nt-87-39 - Municipal Parking & Traffic Committee - Re: Request for Bus Loading Zone - Father Hennepin School. The report recommends that a "Bus Loading" zone be established around the outer perimeter of the turning circle at the east end of Churchill Street. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harvlngton, that the report be received and adopted. Carried Unanimously. MW-87-40 - Municipal Parking & Traffic Committee - Re: Parking on Spring Street, Stanley Avenue to Buchanan Avenue. The report recommends that a "No Parking" zone be established on the south side of Spring Street from Stanley Avenue to Buchanan Avenue. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and adopted. Carried UnanimoUsly... MW-87-41 - Chief Adm~nistrative 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 $32.10 per hour and one Crawler loader at $33.40 per hour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and adopted, with the proviso that the City and the Contractor agree that this agreement shall be terminated in the event that the Sanitary Landfill Site is closed for any reason, and in that case, all obligeZ tions by the parties shall immediately cease including the obligation by the Contractor to supply equipment, and the obligation by the City to pay the Contractor for anything other than what has been supplied to the date of termination. Carried Unanimously. MW-87-42 - Chief Administrative Officer - Re: 1987 Tender for Extermination of Rats, Groundhogs, Skunks & Bees. The report recommends that the tender of P.C.O. Services Ltd. in the amount of $5,325.00 for the elimination of rats, groundhogs, skunks, and bees, commencing April 1, 1987 be accepted. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See Resolution No. 17. See By-law No. 87-39. MW-87-43 - Chief Adainistrative Officer - Re: 1987 Tender for Hydraulic Cleaning of Sewers and Culverts, and T.V. Inspection of Sewers. The report recommends that the following tenders be accepted: 1) Hydraulic Cleaning of Sewers and Culverts to Bob Robinson & Son Construction Ltd.; 2) Television Inspection of Sewers to Underwater Tel-Eye Sewer Services Limited. ORDERED on the motion of Alderman Coville, seconded by Alderman Cummings, that the report be received and adopted. Carried Unani.mousl7. See Resolution No. 18. See By-law No. 87-38, and BT-law No. 87-42. !~-87-44 - Nunicipal Works Committee - Re: Committee Reports. The report makes the following recommendations: 1) MW-87-16, Erie Avenue - Sewers and WatermaiM - It is recommended that - 1. The sum of $140,000.00 be placed in the 1987 year of the five-year Capital Budget forecast to finance: a) the construction of a new pavement and pavement base complete with curb and gutter on Erie Avenue from Park Street to Bridge Street; b) the construction of decorative sidewalks on Erie Avenue from Park Street to Bridge Street and in front of the Via Rail station, complete with streetscape amenities such as park benches and trees; c) the installation of a decorative street lighting system on Erie Avenue from Park Street to Bridge Street; --. a 1) - 10 - 1. d) the partial construction of watermains on Erie Avenue from Queen Street to Bridge Street ($30,000.00). 2. The sum of $115,000-00 be taken from funds accumulated through the administration of By-law No- 73-267 for: a) the partial construction of watermains on Erie Avenue from Queen street to Bridge Street ($20,000-00); b) the construction of a sanitary sewer on Erie Avenue from Queen Street to Bridge Street; c) the construction of a storm sewer on Erie Avenue from Park Street to Bridge Street. 2) MW-87-Z3, Service Centre Improvements - It is recommended that this information report be received and filed- ORDERED on the motion of Alderman Covllle, seconded by Alderman err, that the report be received and adopted- Carried Unanimously. F-87-15 - ~inance Co~mittee - Re: Committee Reports- The report recommends the following: 1) Bocci Court Lights & Washrooms - It is recommended that permanent lights and washrooms not be installed at the Bocci Court at Weaver Park. Mr- Tony Vacca, 6536 Dunn Street, was in attendance. He asked why the request for lights and washrooms had not been included in the 19B7 budget. He was advised that the Finance Committee had deferred the matter because proper lighting was required. ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that the matter be referred to the ~inance Committee for further consideration, and to the Recreation Department for a cost estimate. The motion Carrie~ with the following vote: AYE: Aldermen Baker, Campbell, Cummings, Hartlegion, Pay, and Puttick. NAYE: Aldermen Cheesman, Coville, Hopkins, Janvary, and err. 2) Junior 'B' ~qneet for plan-Oils - It is recommended that the agreement between the City of Niagara Falls and the Junior "B" Canucks not be amended; ORDERED on the motion of Alderman Cummings, seconded by Alderman Hopkins, that the recommendation be received and adopted. The motion Carried. with the following vote: ' AYE| Aldermen Baker, Campbell, Cheesman, Coville, Cummings, Marrington, Hopkins, Janvary, and Puttick. NAYE: Aldermen Orr, and Pay. 3) FD-87-02, Tender for 1987, 100' Aerial/Pump Combination Fire Truck- It is recommended that the Fire Department invite tenders fur a 1987 100' Aerial/Pumper Combination fire truck at an estimated cost of $350,000.00 to $400,000.00; ORDERED on the motion of Alderman Cummings, eeconded by Alderman Covllle, that the recommendation be received and adopted. Carried Unanimously. 4) Niegm~a S~mphony Association - It is recommended that a grant in the amount of $3,500.00 be made to the Niagara Symphony Association; · . . . ll - 11 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the request for a grant be denied. The motion was Defeated with the following vote: AYE: Aldermen Coville, Cummings, Orr, and Pay. NAYE: Aldermen Baker, Campbell, Cheesman, Harrington, Hopkins, Janvary, and Puttick. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hopkins, that the recommendation be adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Harrington, Hopkins, Janvary, and Puttick. NAYE: Aldermen Coville, Cummings, Orr, and Pay. 5) Molson Slo-Pttch - It is recommended that a 1/2 page advertisement be taken in the Molson Slo- Pitch Challenge Magazine at a cast of $500.00. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the recommendation be adopted. Carried Unanimously_. 6) Niagara Falls Review - It is recommended that a 1/2 page advertisement be taken in the Niagara ~ Falls Review for the "1987 Progress Edition" at a cost of $615.40. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the recommendation be adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Coville, Cummings, Harrington, Hopkins, Janvary, err, and Pay. NAYE: Alderman Puttick. F-87-16 - Chief Administrative Officer - Re: Accelerated Remittance of Source Deductions. The report advises that, effective January 1, 1988, employers with an average monthly remittance of $15,000.OO for income tax, CPP contributions and UIC premiums will be required to remit those deductions twice monthly; and recommends that this report be received for the information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously.. F-87-17 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $171,321.69 for the period ending March 9th, 1987 be approved by the passing of the by-law appearing later on the agenda. Aldermen Cummings declared a conflict of interest on Cheque No. 22885 because a member of his family is involved in the program. Alderman Hopkins declared a conflict of interest on Cheque No. 22844 because he is involved. Additional information was provided on Cheque Nee. 22875, and 22882. ORDERED on the motion of Alderman Janvary, seconded by Alderman Harrington, that the report be received and adopted. The motion Carried With Aldermen Cummings and Hopkins abstaining from the vote on Cheque Nee. 22885, and 22844 consecu- tively, on conflicts of interest previously recorded; and with all others voting in favour. CD-87-05 - Chief Administrative Officer - Re: Ontario Power Generating Station Plans for Maintenance Work and Modifications to Intake Structures. The report recommends that Ontario Hydro be notified that the City has no objections to the work being proposed on the intake structures of the Ontario Power Gener- ating Station, subject to the comments contained in the report. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Cummings~ that the repor~ be received and adopted. Carried Unanimously.. - 12 - M-87-03 -Mayor gmeaton - Re: Improved Courtroom Facilities- The report attaches a copy of the report of the Ontario Police Health and Safety Committee prepared by the Ministry of the Solicitor General supporting the City's request for new Courtroom facilities in Niagara Falls, and requesting Council's support in approaching the Province to ascertain what action will be taken, and to explore a number of alternatives. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that the report be received and the approval granted. Carried Unanimously. M-87-04 - Mayor Smeaton - Re: Attorney General Re Court House Facilities. The report recommends that the Ministry of the Attorney General be provided with an update on the City's negotiations with various Provincial Ministries on the need for additional Court facilities in Niagara Falls, and further that clarifi- cation be obtained relative to Courtroom utilization. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and approval granted. Carried Unanimously. B-87-08 (ltANDOUT) - Chief Ad~nistrative Officer - Re: Staff Adjustments, Buildings & Inspections Department. The report recommends that Council author- ize the following Staff changes: 1) That an additional Staff person at the "Building Inspector 3" level (Commercial/Industrial) be hired; 2) That an additional Staff person at the "Building Inspector 2" level (Residential) be hired. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Harrington, Hopkins, Janvary, and Pay. NAYE: Aldermen Coville, Cummings, Orr, and Puttick. RESOLUTIONS No. 17 - C[II~NGS - JANVARY - RESOLVED that the unit prices submitted by P.C.O. Services Ltd. for the elimination of rats, groundhogs, skunks, and bees, commencing April 1, 1987 be accepted at the low tendered amount of $5,325.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 18 - COVlLLE - CIDIHIN~S - RESOLVED that the unit prices submitted for the 1987 Hydraulic Cleaning of Sewers and Culverts, and T.V. Inspection of Sewers, be accepted at the low tendered amount as follows: 1. B. Robinson & Son Construction Ltd.: - Hydraulic Cleaning of Sewers & Culverts - $1,250.00 Underwater Tel-Eye Sewer Services Limited: - Television Inspection of Sewers - $ 95.00/hr. 475.00/5 hrs. ; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. 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: - 13 - No. 87-37 - 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. 87-38 - A by-law to authorize the execution of an agreement with Underwater Tel-Eye Sewer Services Limited for the television inspection of sewers- No. 87-39 - A by-law to authorize the execution of an agreement with PCO Services Limited for rodent control services. No. 87-40 - A by-law to authorize the execution of an agreement with Cavalier Motel Limited respecting parking facilities. NO. 87-41 - A by-law to authorize the execution of an agreement with 589087 Ontario Inc. c.o.b. as Gary Wild Roofing for a roof replacement system at Stamford Memorial Arena. No. 87-42 - A by-law to authorize the execution of an agreement with 284612 Ontario Limited c.o.b. as Bob Robinson & Son Construction for the hydraulic cleaning of sewers and culverts. No. 87-43 - A by-law to authorize the execution of an agreement with Joseph Miszk and Gertrude Miszk. No. 87-44 - A by-law to provide monies for general purposes. No. 87-45 - A by-law to authorize an agreement with The Niagara Parks Commission etal. The motion Carried with Aldermen Cummings and Hopkins abstaining from the vote on By-law No. 87-44, on conflicts of interest previously recorded in Report No. F-87-17; and with 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. 87-37 - 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. 87-38 - A by-law to authorize the execution of an agreement with Underwater Tel-Eye Sewer Services Limited for the television inspection of sewers. No. 87-39 - A by-law to authorize the execution of an agreement with PCO Services Limited for rodent control services. No. 87-40 - A by-law to authorize an agreement with Cavalier Motel Limited respecting parking facilities. No. 87-41 - A by-law to authorize the execution of an agreement with 589087 Ontario Inc. c.o.b. as Gary Wild Roofing for a roof replacement system at Stamford Memorial Arena. No. 87-42 - A by-law to authorize the execution of an agreement with 284612 Ontario Limited c.o.b. as Bob Robinson & Son Construction for the hydraulic cleaning of sewers and culverts. No. 87-43 - A by-law to authorize the execution of an agreement with Joseph Miszk and GertrUde Miszk. So,~e~.~a.~w ~o ~rovide monies for generel purposes. No, 87-45 - A by-law to authorize an agreement with The Niagara Parks Commission etal. The motion Carried with Aldermen Cummings and Hopkins abstaining from the vote on By-law No, 8"~'YZi4, on conflicts of interest previously recorded; and with all others voting in favour. · o o · 14 - 14 - NEW BUSINESS ITEMS OF CONCERN: Nessage of Condolence: ORDERED on the motion of Alderman Janvary, seconded by Alderman Covtlle, that a message of condolence be forwarded to the family of the late Mrs. Laura Grace Johns. Carried Unanimously. ITE~ OF INTEREST: Open House/Coronation Centre - His Worship Mayor Smeaton referred to the Open House at the Coronation Centre on Tuesday, March lOth, 1987 at 7:30 p.m- Brotherhood of Fire Fighters to France - Alderman Cheesman advised that fire fighters and their families would be flying to France tomorrow, discussed plans to tour France, his intention to join the group in Paris on Saturday, March 14th, 1987 and subsequent trip to Toulone to Join the citizens with greetings from the Council and citizens of Niagara Falls- Lundy~s Lane Historical Museum/Public Meeting - Alderman Cheesman discussed the attendance of Alderman Hopkins and himself at the Public Meeting of the Niagara Falls Board of Museums held on March 5th, 1987, tabling of the report for consultants, and the submission of a copy of the information to Mayor Smeaton. Y.H.C.A./Eddie Creenspan - Alderman Janvary invited members of Council to attend the fund raising event at the Y.M.C.A. when Mr. Edward Greenspan would be the Guest Speaker- Heritage Village Program - Alderman Janvary referred to the Information for Council communication from the Minister of Manicipal Affairs, with respect to the Heritage Village Program at the Niagara Regional Exhibition on September 15th to 20th, 1987, and asked for a volunteer to plan for the program. Alderman Puttick indicated his wish to attend the event. Alderman Hopkins suggested that the Lundy's Lane Historical Museum, which is celebrating its lO0th Anniversary, be contacted with respect to the Heritage Village Program. Ol~apic Torch Relay - Alderman Janvary referred to the Olympic Torch Relay which is taking place between November 17th, 1987 and February 13th, 1988, and expected to pass through Niagara Falls on December 26th, 1987. It was moved by Alderman Orr, seconded by Alderman Cheesman, that the meeting adjourn. Carried Unanimously. READ AND ADOPT , , TY CLERK S. SMEATON ELEVENTH MEETING COMMITTEE OF THE WHOLE Committee Room .#1 March 23, 1987 Council met on Monday, March 23rd, 1987 at 7:15 p.m. in Committee of the Whole. All members of Council, with the exception of Aldermen Cheesman, Cummings, Hinsperger, Orr, and Puttick, were present. Alderman Coville presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose without reporting. READ AND ~/.OPTED, REGULAR MEETING MAYOR WILl SMEATON Council Chambers March 23, 1987 Council met on Monday, March 23rd, 1987 at 7:30 p.m. for the purpose of considering general business. All members of Council, with the exception of Alderman Cheesman, Cummings, Htnsperger, Orr, and Puttick, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Hopkins offered the Opening Prayer. ADOPTION OF MINUTES Alderman Hopkins asked that the minutes of the meeting held March 9th, 1987 be amended as follows: Page 8, Item B-87-14, that he be recorded as voting contrary; Page 10, Item 3) FD-87-02, that he be recorded as voting in favour; and Page 10, Item 4) the Niagara Symphony Association grant was in the amount of $3500.00 as recorded in the report. ORDERED on the motion of Alderman Harrington, seconded by Alderman Campbell, that the minutes of the meeting held March 9th, 1987, be adopted as amended. Carried Unanimously. APPRECIATION His Worship Mayor Smeaton expressed appreciation to Mrs. Chung-Yee Wong for displaying her paintings throughout City Hall for the past few weeks. Mrs. Chung Yee Wong explained that she had arrived from Hone Kong eighteen months ago, that this was the first showing of her art in Canada, and conveyed her appreciation of the opportunity to do so. DEPUTATIONS BOY SCO~'fS OF C~'~DA- Mr. George Gordon, Chairman of Organization and Growth; Mrs. Elizabeth Daniels, Chairman of Public Relations; Mr. Paul Monaghan, President, Niagara District Council; and Mr. Bob Carlaw~ Executive Director, were in attendance on behalf of the Boy Scouts of Canada. Mr. Monaghan discussed the historical background of Boy Scouts in Niagara Fells, Chippawn, Niagara-on-the-Lake, and St. Davids. lie reviewed the Scouts' Principles and Aims. -2- Mr. Carlaw explained the "Fishing and Hunting" program sponsored by the Province to "add one more" member, and being used by churches and other organiz- ations to promote membership growth. He discussed the available training for members, and beneficial effects of Scouting; stickers and buttons available in conjunction with the campaign; and challenged persons in attendance to participate- Mayor Smeaton, and Aldermen Baker, Harrington and Janvary accepted the challenge. HAYES-DANA - Mr. Jim McLellan addressed Council on behalf of a number of Canadian Auto Workers' Union 676 members in attendance, and representing laid-off employees of Hayes-Dana. He discussed the movement of operations out of the Niagara area to other plants in Ontario; and the plight of laid-off workers, particularly those over 40 years of age. Mr. McLellan asked Council to "take a stand with H~es-Dana" to r.etain jobs in this area, and contact the local Members of Parliament to ascertain if grants were approved for the new plants while the pla~t 'in ~i~r~Aa:Palls w~s "1/2 empty". Following a discussion, it was moved by Alderman Harrington, seconded by Alderman Pay, that a letter be forwarded to the Honourable Vince Kerrio, M.L.A., and Mr. Rob Nicholson, M.P., expressing serious concern over the job lay-offs at Hayes-Dana, and request them to initiate discussions with Management at Hayes-Dana in an effort to save Jobs. It was further recommended that Mayor Smeaton meet with Management at Hayes-Dana to determine their position. Carried Unanimously. PANKIN~ ON MAIN S~REKT - Mrs. V. Fraone, Hair Gallery Unisex Beauty Salon, reviewed her concerns regarding the parking situation in front of her Salon on Main Street. She stated that the parking meter had been removed because a Crossing Guard for school children had been delegated to that section; that in December 1986 a meter had been installed with a time limit of 15 minutes rather than one hour, and that she had not been made aware of the change- Mrs. Fraone discussed her subsequent contacts with City Staff, and the Parking & Traffic Committee meeting where she requested that the meter be timed to one hour parking. Mr. S. Alfieri and Mr. Sam LaRosa of the Municipal Parking & Traffic Committee were in attendance. During the discussion it was noted that a report had been received previously by Council and further, that area business people had been notified. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Campbell, that the matter be referred to the Parking & Traffic Committee for further considera- tion, and a report to include a specific explanation regarding the reason for the change in the meter. It was further recommended that Mr. and Mrs. Fraone be invited to attend the meeting. Carried Unanimously. BOOST NIAGARA - Communication No, 81 -~rs. Lucille Hilston - Re: "Boost Niagara". The communication requests permission to address Council with the request that approval be granted to use the City Crest on the cover of her song, "Boost Niagara" for non-commercial purposes. Mrs. Hilston discussed her request to use the City Crest, played a taped rendition of the song, and asked that per~ission be granted. ORDERED on the motion of Alderman Baker, seconded by Alderman Janvary, that Mrs. Hilston be granted permission to use the City Crest as requested, subject to no legal ramifications. Carried Unanimously. UNFINISHED BUSINESS CD-87-ll - CITY OF STONKY CREEK - LONG TRACTOR TRAILERS - Report No- CD-87-11 - Chief Administrative Officer - Re: City of Stoney Creek. The report recommends that the matter of extended length commercial vehicles on Ontario highways be tabled until the Ministry of Transportalon and Communications has completed a full review of safety, technical, and economic factor~, , -3- - AND - Communication No. 82 - Chamber of Commerce - Re: Long Tractor Trailers. The communication requests favourable consideration to the development and implementation of an appropriate test situation with reference to extended- length vehicles before opposing any proposed legislative changes. ORDERED on the motion of Alderman Janvary, seconded by Alderman Campbell, that the communication be received and filed, and the report be received and adopted. Carried Unanimously. CD-87-17 - CITY OF NIAGARA FAT.T..~ SYMBOL - Report No. CD-87-17 - Chief Administrative Officer - Re: City of Niagara Falls Symbol. The report recommends that the Official City Seal continue to be used as the Official Crest for the City and the Logo continue to be used as the Niagara Falls unofficial identification symbol on vehicles, Municipal Park signs, regular letterhead, newspaper notices, etc. Mr. Derek Costello was in attendance, and explained that the City Crest was more recognizable to tourists in the area who were in need of information; that strangers would make enquiries to personnel in vehicles using the City Crest, but seemed unable to identify vehicles using the Logo on City vehicles. Mr. Costello requested a "phasing in" process for the proposed change. ORDERED on the motion of Alderman Campbell, seconded by Alderman Harrington, , that the report be received and adopted. The motion was Defeated with the following vote: AYE: Aldermen Campbell, Coviile, Harrtngton, and Janvary. NAYE: Mayor Smeaton, and Aldermen Baker, Hopkins, and Pay. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Coville, that the report be tabled to provide an opportunity for all members of Council to make the decision on the matter. The motion Carried with the following vote: AYE: Aldermen Campbell, Coville, Harrington, Hopkins, Janvary, and Pay. NAYE: Alderman Baker. CD-87-18 - LOCAL GOVERNMENT WEEK - Report No. CD-87-18 - Chief Administrative Officer - Re: Local Government Week. The report recommends that Council approve the placing of a notice in the Niagara Falls Review inviting citizens to visit Municipal buildings on Thursday, April 16th, 1987, between the hours of 2:00 p.m. and 4:00 p.m. as a "Local Government Week" activity. ORDERED on the motion of Alderman Harrington, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously~ CD-87-19 - AMENDMENT I"O PUBLIC HAT.T. BY-LAW - Report No, CD-87-19 - Chief Administrative Officer - Re: Amendment to Public Hall By-law. The report recommends that Council pass the by-law appear- ing later on the agenda to amend Schedule No. 21 in the Licensing By-law relating to Public Halls. ORDERED on the motion of Alderman Coville, seconded by Alderman Hopkins, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Coville, Herrington, Hopkins, and Janvary. NAYE: Alderman Pay. See B~-law No. 87-46. COMMUNICATIONS No. 83 - Willoughby Volunteer Fire Department - Re: Annual Carnival. The communication requests a Special Occasion Permit for the Annual Carnival to be held Saturday, July 25th, 1987, at the Willoughby Firehall & Sports Field. -4- ORDERED on the motion of Alderman Campbell, seconded by Alderman Pay, that the request of the Willoughby Volunteer Fire Department for a special occasion permit for its Annual Carnival, to be held on the firehall grounds at 11208 Sodom Road, Niagara Falls, on July 25, 1987 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. 84 - Chippawa Volunteer Firefighters Association - Re: Annual Benefit Slo-Pitch Tournament. The communication requests a Special Occasion Permit for the aforementioned event to be held at the Niagara South Arena Complex on July llth, 1987. ORDERED on the motion of Alderman Campbell, seconded by A~derman Pay, that the request of the Chippawa Volunteer Firefighters Association for a special occasion permit for its Annual Benefit Slo-Pitch Tournament, to be held at the Niagara South Arena Complex, Niagara Falls, on July 11, 1987, 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. 85 - Chippaws Volunteer Firefighters Association - Re: Carling-O'Keefe Slo-Pitch Tournament, July 9th to 12th, 1987, Chippawa Fire Hall. The communi- cation requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Campbell, seconded by Alderman Pay, that the request of the Chippawa Volunteer Firefighters Association for a special occasion permit for its Carling O'Keefe Slo-Pitch Tournament to be held on various baseball diamonds in Chippawa on July 9, 10, 11, and 12, 1987, 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. 86 - Canadian Cancer Society - Re: Proclamation. The communication requests that the month of April 1987 be proclaimed "Cancer Month", and further, that the flag be raised at City Hall on April 1st, 1987. ORDERED on the motion of Alderman Campbell, seconded by Alderman Pay, that the request for the flag raising be approved, and the request for a proclamation be granted subject to established policy. Carried Unanimously. No. 87 - Tourerie Syndrose Foundation of Canada - Re: Proclamation. The communication asks that the month of June 1987 be proclaimed'"Tourette Syndrome Awareness Month". ORDERED on the motion of Alderman Campbell, seconded by Alderman Pay, that the request be granted subject to established policy. Carried Unanimously. No. 88 -The Niagara District Chlropractic Society - Re: Proclamation. The communication requests that the week of May 1st to 7th, 1987 be proclaimed "Spinal Health Week". ORDERED on the motion of Alderman Campbell, seconded by Alderman Pay, that the request be granted subject to established policy. Carried Unanimously. No. 89 - Court of Canadian CitizenaMp - Re: Proclamation. The communication asks that the week of April 13th to 17th, 1987 be proclaimed "Citizenship Week". Alderman Janvary requested that the information be forwarded to Judge Jean Gettie. ORDERED on the motion of Alderman Campbell, seconded by Alderman Pay, that the request be granted subject to established policy. Carried Unanimously. No, 90 - Canadian He~ochromatosis Society - Re: Proclamation. The communication requests that the week of May 25th to 31st, 1987 be proclaimed "Hemochromatosis Awareness Week". ORDERED on the motion of Alderman Campbell, seconded by Alderman Pays that the request be granted subject to established policy. Carried Unanimously. -5- No, 91 - Canadian Labour Congress - Re: Proclamation. The communication asks Council to proclaim April 28th, 1987 as "Annual Day of Mourning" in recognition of workers killed and injured in the workplace. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hopkins, that the request be granted subject to established policy. Carried Unanimously. No. 92 - Niagara Transit - Re: Traffic Lights - Bridge & Erie. The communication requests that the Region be asked to install traffic lights at the corner of Bridge Street and Erie Avenue. It was noted that this request had already been forwarded to the Region for comments. ORDERED on the motion of Alderman Campbell, seconded by Alderman Baker, that the communication be received and filed. Carried Unanimously__. No. 93 - Social Planning Council of Niagara Falls - Re: Niagara District Health Council - A Discussion Paper. The communication provides comments regarding the Discussion Paper of the Niagara District Health Council - Services for the Young Physically Disabled in Niagara. Alderman Janvary requested clarification regarding the second paper forwarded to the Social Planning Council for comments. His Worship Mayor Smeaton advised that clarification would be forthcoming. ORDERED on the motion of Alderman Harrington, seconded by Alderman Hopkins, that the communication be received and filed. Carried Unanimously. No. 94 - Regional Niagara Plsnn4ng & Development Department - Re: A summary of Highlights on Ontario Task Force Report, "A Place to Call Home: Housing Solutions for Low-Income Singles in Ontario". The communication encloses a copy of DPD 2135 regarding the aforementiond report. ORDERED on the motion of Alderman Janvary, seconded by Alderman Baker, that the communication be referred to Staff. Carried Unanimously~ No. 95 - Regional Niagara Public Works Department - Re: Water/Sewage Flows Monthly Report for January 1987. The communication attaches Report DEP-2491 regarding the subject matter. ORDERED on the motion of Alderman Harrington, seconded by Alderman Coville, that the communication be received and filed. Carried Unanimously. No. 96 - Regional Niagara Office of the Clerk - Re: Fourth Quarter & Annual 1986 Building Permit Activities. The communication attaches a copy of Report DF-87-34 regarding the subject matter. ORDERED on the motion of Alderman Baker, seconded by Alderman Harrington, that the communication be received and filed. Carried Unanimously. No. 97 - Regional Niagara Office of the Clerk - Re: 911 Emergency Telephone System for The Regional Municipality of Niagara. The communication advises that the members of the 911 Emergency Telephone System Steering Committee are willing to make presentations to Councils and other interested agencies or groups on the matter. ORDERED on the motion of Alderman Harrington, seconded by Alderman Campbell, that a presentation of the 911 Emergency Telephone System be requested. Carried Unanimously. No, 98 - Downtown Niagara Falls - Re: Easter Parade - Saturday, April llth, 1987. The communication requests a Parade Permit for the events and permission to use the Centennial Square for an Easter Egg Hunt. ORDERED on the motion of Alderman Coville, seconded by Alderman Janvary, that the requests be granted. Carried Unanimously. No. 99 - ainistrx of Nunicipal Affairs - Re: Councillors' Seminars. The communication advises that on Saturday mornings during April and early May the Cambridge Field Office will be conducting 3 councillors' seminars. Alderman Harrington indicated his wish to attend a seminar on April 25th, 1987. -6- ORDERED on the motion of Alderman Harrington, seconded by Alderman Janvary, that the communication be received, and members of Council who wish to attend should advise the Clerk's office in order that the Ministry may be so notified. Carried Unanimoosly. No. 100 - Ministry of Mun~cipal Affairs - Re: Bill 58: An Act to Amend The Time Act. The communication advises that Daylight Saving Time will begin the first Sunday in April and end on the last Sunday in October. ORDERED on the motion of Alderman Baker, seconded by Alderman Campbell, that the communication be recelved and filed. Carried Unanimously. No. 101 - Ministry of Consumer & Co~aerctal Relations - Re: Nevada Tickets. The communication recommends revisions to certain terms and conditions for the issuance of ltcences to sell Nevada tickets. ORDERED on the motion of Alderman Janvary, seconded by Alderman Baker, that the communication be received and filed. Carried Unanimously. No. 102 -Blnistry of Municipal Affairs - Re: Planning Amendment Act, 1987. The communication requests comments on the provisions of the Bill. ORDERED on the motion of Alderman Coville, seconded by Alderman Herrington, that the communication be received and referred to Staff. Carried Unanimously. No. 103 - Canadian Transport Commission - Re: Cabooseless Trains. The communication attaches a Supplementary Report on Test Program No. 1 regarding the aforementioned matter. ORDERED on the motion of Alderman Baker, seconded by Alderman Campbell, that the communication be received and filed. Carried Unanimously. No. 104 - Niagara Women in Crisis - Re: Book Riot, Skyion Tower, May 13th to 18th, 1987, The communication requests permission to hang a banner across Stanley Avenues 60 metres north of the corner of Stanley Avenue and the Q.E.W. ORDERED on the motion of Alderman Campbell, seconded by Alderman Janvary, that permission be granted subject to approval of Niagara Falls Hydro and the Region. Carried Unanimously. No. 105 - City of Niagara Falls Board of Museums - Re: Willoughby Historical Museum Study. The communication requests copies of documents to support an application for a Community Facilities Improvemeqt Grant of 50% to cover the cost of the feasibility study. Alderman Hopkins advised that this was a procedural matter, and further, that the grant was approved by the City last year. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Baker, that the request be approved. Carried Unanimously. No. 106 - ~ichael Sciarra, Mr, Grocer - Re: Sunday Store Opening. The communication requests approval for Sunday store opening during the tourist season. Mr. Sciarra pointed out that two other smaller stores nearby were allowed to open on Sunday, and that a larger store resulted in larger costs. He stated that it was not viable to block off a part of his store, and discussed the shopping needs of tourists on Lundyts Lane. The Clerk explained the Provincial requirements for a Sunday store opening with a 7500 square foot maximum space; and discussed the alternatives, that if a Sunday store opening was necessary because of the tourist industry, Council would be required to ask ~he Regional Municipality of Niagara to pass a by-law raising the maximum space requirement, or amending the designated tourist area in the City, The Chief Administrative Officer reviewed the designated tourist area in the City and suggested that if Lundyts Lane was considered in this regard, other areas in the City should be treated similarly. -7- ORDERED on the motion of Alderman Campbell, seconded by Alderman Hopkins, that the matter be referred to Staff for a detailed report, and further, that Mr. Sciarra be notified of the date this matter is returned to Council. Carried Unanimously. REPORTS ~I)-87-12 - Chief Ade~tn~strative Officer - Re: Surplus Municipal Property - Lot 127, Registered Plan 226, South Side of Hawkins Street. The report recommends that Council declare Lot 127, Plan 226, located on the south side of Hawkins Street surplus to the needs of the Municipality and authorize Staff to get an Opinion of Value and advertise the property for sale by the tendering process. ORDERED on the motion of Alderman Coville, seconded by Alderman Herrington, that the report be received and adopted. Carried Unanimously--. ~D-87-13 - Chief Adm~nistrative Officer - Re: Municipal Property - Spring Street and McGrail Avenue. The report recommends that the City owned road allowance being the easterly end of Spring Street, southerly end of McGrail Avenue and laneway extending southwesterly to Ferry Street, NOT be disposed of. Mr. Brian Banfield, Solicitor for Mr. Andy Hadjiyannakis, Proprietor of the Howard Johnson's Restaurant addressed Council on behalf of his client. He discussed the present parking situation in the area, his clientts intention with respect to building an hotel on his property, and desire to purchase the proper- ty for parking purposes. Mr. Banfield advised that the surrounding land-owners and residents behind the Restaurant endorsed the purchase. The Clerk referred to a handout sketch showing the following adjoining owners to the subject lands: Victor Menechella, Howard Johnson's; Lincoln Arms; and Mr. James Briand and discussed the interest of the three owners other than Howard Johnson's. The Chief Administrative Officer referred to the necessity of maintaining access for houses that front on the laneway, and the need for off-street parking in the area. It was moved by Alderman Campbell, seconded by Alderman Hopkins, that the report be received and filed. Alderman Hopkins later withdrew the second. Mr. Aldo Vitals, Manager of the Lincoln Arms stated that the parking lot was being used by patrons of this establishment, and referred to future expansion of their operation. Mr. Sam Alfieri, Parking & Traffic Committee, and a businessman in the area, discussed the necessity of maintaining the parking lot because of the lack of parking in the area. ORDERED on the motion of Alderman Coville, seconded by Alderman Baker, that the report be received and adopted. The motion ~arried with the following vote: AYE: Aldermen Baker, Campbell, Covllle, Hopkins, Janvary, and Pay. NAYE: Alderman Herrington. CD-87-14 - Chief Adainlstrative Offlcer - Re: Proposed Plan of Subdivision, "Forest Hill Condomtntum', File No. 26-CD-86013, Owner: Forest Glen Estates (Niagara) Limited. The report recommends that the City Clerk be authorized to process the application for the "Forest Hill 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. Brian Sinclair, Solicitor was in attendance on behalf of the applicant. There was a negative response to Mayor Smeaton's request for a show of hands indicating the presence of persons, other than the applicant, interested in the matter. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimouisly. 8 9 ~D-87-15 - Chief Administrative Officer - Re: Proposed Plan of Subdivision "Mount Forest - Phase IV", File No. 26T-86037, Owners: Deborah Lynn DiPsale & Susan Dihenedetto. The report recommends that the City Clerk be authorized to process the application for the "Mount Forest - Phase IV" Subdivision and that a report be prepared for Council's further consideration of this plan based on technical information received, public input, etc. During the discussion, the desirability of retaining the mature "hickory trees" on the property was suggested. ORDERED on the motion of Alderman Campbell, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimously. CD-gT-16 - Chief Administrative Officer - Re: Sale of Part of Swayze Drive to 642217 Ontario Ltd. The report recommends that a parcel of property approx- imately 17 feet by 396 feet, located on the south side of Swayze Drive, be conveyed to 642217 Ontario Limited for $1,700.00 plus $150.00 for the Opinion of Value, and the cost of the preparation of a Reference Plan. ORDERED on the motion of Alderman Baker, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. R-BT-07 - Chief Administrative Officer - Re: Monthly Public Swimming - Y-M.C.A. The report provides information regarding pool attendance at the .y. during February 1987, and recommends that Council receive and file the report. ORDERED on the motion of Alderman Janvary, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. 1~'87-09 - Chief Administrative Officer - Re: I.A.P.A./mnual Conference and O.M.P.A. Spring Conference & WorRshop. The report recommends as follows: l) that Council approve the expenditure of $555.00 and authorize the participation of the Director of Personnel in the Ontario Municipal Personnel Association Spring Conference and Workshop; z) that Council approve the expenditure of $424.00 and authorize the participation of Ken Hesslip, the Recording Secretary to the Occupational Health and Safety Committee in the 1987 Industrial Accident Prevention Association Annual Safety and Health Conference; 3) that the above coats, if approved, be included in the 1987 allocation for conferences and conventions. ORDERED on the motion of Alderman Herrington, secohded by Alderman Baker, that the report be received and adopted. Carried Unanimously. B-87-16 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for February 1987. The report provides information regarding Permits Issued and Highlights for February 1987, as well as March plopoasis. ORDERED on the motion of Alderman Coville, seconded by Alderman Harrington, that the report be received and filed. Carried Unanimously. B-87-18 - ~hief Administrative Officer - Re: Site Plan Approval, Proposed Commercial Building, McLeod Road (south side abutting Fireball to the east) (AM-15/85). 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 number 1 dated January 19th, 1987, and the site plan mechani- cal being drawing number ME-1 dated January 3rd, 1987 as revised and filed with the Buildings and Inspections Department of the City of Niagara Falls on March 19th, 1987, and that such approval be subject to the conditions included in the report. The Deputy Director of Buildings & Inspections reviewed the site plans on display. ORDERED on the motion of Alderman Coville, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously· B-87-19 - Chief Acbainistrative Officer - Re: Site Plan Approval, Proposed 8 Unit Apartment Building, Dune Street (north side, east of Kiwanis Cresc.) (AM-8/86). The report recommends that the Council approve the site plans on display at tonight's meeting, being an apartment building, and the site plan being drawing number A1 dated February 23rd, 1987 and the servicing and grading plan also dated February 23rd, 1987, and filed with the Buildings and Inspections Department of the City of Niagara Falls on March lath, 1987, and that such approval be subject to the conditions outlined in the report. The Deputy Director of Buildings & Inspections reviewed the site plan and responded to questions raised. ORDERED on the motion of Alderman Janvary, seconded by Alderman Coville, tidal the report be received and adopted. Carried Unanimou!~y. B-87-20 - Chief Ad~nistrative Officer - Re: Site Plan Approval, Proposed 36 Unit Apartment Building, Simcoe Street and Buckley Avenue (N/W corner). The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed apartment building, and the site plan being drawing number A1 dated December 9th, 1986 as revised and filed with the Buildings & Inspections Department of the City of Niagara Falls on March 17th, 1987, and that such approval be subject to the conditions contained in the report. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Harrington, t~hat the report be received and adopted. Carried Unanimously. B-87-21 - Chief Administrative Officer - Re: Site Plan Approval, Proposed Commercial Ruilding, Pin Oak Drive and McLeod Road (S/W corner). 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 sheet 1 of 6 and filed with the Buildings & Inspections Department of the City of Niagara Falls on March 19th, 1987, and that such approval be subject to the conditions included in the report. The Deputy Director of Buildings & Inspec- tions reviewed the site plan. Alderman Hopkins declared a conflict of interest because a member of his family has a business interest. ORDERED on the motion of Alderman Campbell, seconded by Alderman Coville, 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 favour. B-87-22 - Chief Administrative Officer - Re: Site Plan Approval, Proposed Industrial Building, Oakwood Drive (east side, south of McLeod Road). The report recommends that the Council approve the site plan on display at tonigbt's meeting, being a proposed industrial building, and the site plan dated March 17th, 1987 filed with the Buildings & Inspections Department of the City of Niagara Falls on March 17th, 1987, and that such approval be subject to the conditions contained in the report. The Deputy Director of Buildings & Inspections discussed the posted site plan, and responded to questions raised. ORDERED on the motion of Alderman Campbell, seconded by Alderman Coville, that the report be received and adopCed. Carried Unanimously___L B-87-23 - Chief Adaimistrative Officer - Re: Property Standards By-law 74-204, Mr. Wichartz, 4995 St. Clair Avenue. The report recommends that under clause (a) of sub-section 7.10.4 of By-law No. 74-204, the Corporation retain a contractor to forthwith complete the work which Mr. Withertz was directed to carry out under the Order given February 28, 1987, and that pursuant to sub- section 7.10.5 of said By-law No. 74-204, any expense incurred by the Corpora- tion, 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 Janvary, seconded by Alderman Coville, that the report be received and adopted. Carried UnanimousAT. !-87-24 - Chief Adainistrative Officer - Site Plan Approval, Amended Recreational Facilities, Regency Motor Hotel/Motel, Mountain Road (south side, west of Q.E.W.). The report recommends that the Council approve the site plan - 10 - on display at tonight's meeting, being an amendment to the recreational facilities, and the site plan being drawing number S.P.-1 dated February 19th, 1987 and filed with the Buildings and Inspections Department of the City of Niagara Falls on March 19th, 1987, and that such approval be subject to the conditions contained in the report. The Deputy Director of Buildings & Inspections reviewed the posted site plan. ORDERED on the motion of Alderman Harrington, seconded by Alderman Campbell, that the report he received and adopted. Carried Unanimously. B-87-25 - Chief Administrative Officer - Re: Site Plan Approval, Proposed 18 Storey 262 Unit Hotel Building, Livingston Street and Stanley Avenue and Oakes Drive (N/E corner) (AM-15/86). The report recommends that the Council approve the site plans on display at tonight's meeting, being a proposed hotel building, and the site plan being drawing number A1 dated December 1986, and the site grading and services plan being drawing number SS-1 dated February, 1987 and filed with the Buildings and Inspections Department of the City of Niagara Palls on March 19th, 1987, and that such approval be subject to the conditions outlined in the report. Alderman Hopkins declared a conflict of interest because a member of his family has a business interest. The Deputy Director of Buildings & Inspections reviewed the site plans. ORDERED on the motion of Alderman Baker, seconded by Alderman Coville, 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 with all others voting in favour. B-BY-26 - Chief Ad~nietrative Officer - Re: Air-Conditioning and Chiller Replacement, City Hall. The report recommends that Council approve the following: 1) 2) the quotation submitted by Heco Limited of St. Catharines, in the amount of $168,833.00 for the supply and installation of air-conditioning equipment; payment in the amount of 6% of the contract price to the firm of White, Mossop and Erling for engineering consultation, design and supervision of the installation; and 3) a contingency allowance in the amount of $10,000.00. The Deputy Director of Buildings & Inspections responded to questions raised regarding the capacity of the units. ORDERED on the motion of Alderman Harrington, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. Bee By-law No. 87-49. )~/"87-65 - Chief Ad~-tnistrative Officer - Re: Watermain Installation on River Road at the Rainbow Bridge & from Bridge Street to Buttrey Street - W.I. 4-87. The report recommends that the unit prices submitted by the low tendeter, Greenwood Contracting Ltd. be accepted and that this contract be awarded. ORDERED on the motion of Alderman Coyills, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. NM-87-48 - Chief Adslnistrative Officer - Re: report recommends the following: 1) 2) 3) See By-law No. 87-48. C.A.I.P. 1 - Phase 2. The That the C.A.I.P. 1 Phase 2 works on Erie Avenue from Huron Street to Par~ Street be carried out as originally approved; That a storm sewer on Erie Avenue from Huron Street to Park Street be added to the C.A.I.P, 1 project; That the firm of DeLCan, De Leuw Cather, Canada Ltd. be engaged to design and administer the contracts for all works on Erie Avenue from Huron Street to Bridge Street at a total estimated cost of $66,000.00; - 11 - 4) That the additional funding for the C.A.I.P. 1 (Erie - Huron to Park) works of approximately $56,000.00 (including storm sewer and consulting engineer- ing fees), if necessary, be allocated from the contributions to capital expenditures in the 1987 Operating Budget; and 5) That the funding sources for the Erle Avenue - Park Street to Bridge Street project be adjusted by approximately $36,000.00 to cover the cost of the consulting engineering fees., ' During the discussion, it was 'suggested that the new owner of the - Pussy Willow Inn, Mr. Cserpes be provided with a copy of the artist's sketches. ORDERED on the motion of Alderman Harrington, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. 1~87-49 - Xun~cipal Parking & Traffic Committee - Re: Travelodge Colonial Inn, Request for Roadway Alterations and Lease of Road Allowance on Niagara Road 51, (Victoria Avenue) Between Walnut Street and Hunter Street. The report recommends that all existing parking spaces be removed from the east side of Victoria Avenue from Walnut Street to Palmet Avenue. ORDERED on the motion of Alderman Herrington, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. : F-87-18 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $10,554,057.84 for the period ending March 23, 1987 be approved by the passing of the by-law appearing later on the agenda. Alderman Campbell declared a conflict of interest on Cheque No. 23243 because the organization is a client. Alderman Herrington declared a conflict of interest on Cheque No. 23147 because he is employed with the Board; and a conflict of interest on Cheque No. 23282 because his wife is ~ast-President of the organization. .-.-.', ~ Additional information'was provided on Cheque Nos. 23186, 23191, 23213; and further information was requested on Cheque No. 23231. ORDERED on the motion of Alderman Coyills, seconded by Alderman Janvary, that the report be received and adopted. The motion 'Carried with Aldermen Campbell and Harrington abstaining from the vote on Cheque Nos. 23243, 23147 and 23282 consecutively, on conflicts of interest previously recorded; and with all others voting in fayour. FC-87-09 (HANDOUT) - Chief Administrative Officer - Re: 1987-91 Capital Budget. The report approved by the Finance Committee earlier on this date, and submitted to Council recommends that the attached draft copy of the 1987-91 capital budget be reviewed and adopted. ORDERED on the motion of Alderman Hopkins, seconded by AldeEman Coyills, that the report be received and adopted. Carried Unanimously. RESOLUTION No. 19 - BA~ER - COVILLE- RESOLVED that the Program of Proposed Expenditures for Highway Improvements for the year 1987, dated March 23, 1987, be adopted as presented in the total estimated amount of $5,249,200.00 with an estimated subsidy of $2,421,000.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY'LAWS ~ ORDERED on the motion of Alderman Hopkins, seconded by Alderman 3anvary, that leave be grantedto'introduce ~helLfollowing by-laws,'~and theby-laws be read:a first time, .~,:;: - 12 - No. 87-46 - No, 87-47 - 87-48 A by-law to amend By-law No. 76-102, as amended. (Public Hall). A by-law to amend By-law No. 79-200, as amended. (126338 Canada Limited, Clover Leaf Motel, Report PD-87-12 approved by Council Febraary 9, 1987). A by-law to authorize the execution of an agreement with Greenwood Contracting Ltd- for watermain installation- No- 87-49 - A by-law to authorize the execution of an agreement with 429408 Ontario Limited carrying on business as HECO Ltd. for air condition- ing chiller replacement at the City Hall. 87-50 - A by-law to amend By-law No. 3790, being a By-law for the regulation of traffic. (Murray St. & Spring St.) No. 87-51 - A by-law to provide monies for general purposes. The motion Carried with Alderman Pay voting contrary on By-law No. 87-46; Aldermen Campbell and Harrington abstaining from the vote on By-law No. 87-51 on conflicts of interest previously recorded in Report F-87-18; and with all others voting in favour. ORDERED on the motion of Alderman Baker, seconded by Alderman Coville, that the following by-laws be now read a second and third time: 87-46 - A by-law to amend By-law No- 76-102, as amended. No. 87-47 - A by-law to amend By-law No. 79-200, as amended. No. 87-48 - No. 87-49 - A by-law to authorize the execution of an agreement with Greenwood Contracting Ltd. for watermain installation- A by-law to authorize the execution of an agreement with 429408 Ontario Limited carrying on business as HECO Ltd. for air condition- ing chiller replacement at the City Hall. No. 87-50 - A by-law to amend By-law No. 3790, being a By-law for the regulation of traffic. No- 87-51 - A by-law to provide monies for general purposes. The motion Carried with Alderman Pay voting contrary On By-law No. 87-46; Aldermen Campbell and Harrington abstaining from the vote on By-law No. 87-51 on conflicts of interest previously _recorded; and with all others.voting in favour.. NEW BUSINESS IT!~S OF CONCERN - Municipal Property - 6120 ~ain Street - Alderman Hopkins referred to an Information for Council report from the City Clerk regarding a contact made with Mr. & Mrs. Pietro Giura, 6120 Main Street on behalf of L.A.C.A.C. to request the designation of this building as Historically significant. The report advises that the owner wishes to demolish the present building and construct a paint store. In response~to questions raised, the Chief Administrative Officer advised that it was his understanding that the power to delay demolition applies only if the property has been designated Historically significant. During the discussion it was suggested that the buildin8 be purchased by the City for use by a service club or other organization. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Marrington, that the matter be referred to Staff for an additional report to determine the legal status of the City in this matter, and estimated cost of purchase. Carried Unanimously. - 13 - ~rears in Water Bills - Alderman Pay requested information regarding water bill arrears. The Treasurer was asked if the water may be shut off, and responded that this action may be taken under the provisions of the Public Utilities Act, that forty-five days after the billing period has expired, the water may be shut off. He stated that arrears may be transferred to the land taxes at which time they are subject to the same penalties as taxes. It was moved by Alderman Baker, seconded by Alderman Coville, that the meeting adjot~rn. .~AA~.~ READ AND ADOPTED, TWELFTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 March 30, 1987 Council met on Monday, March 30th, 1987 at 7:00 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Cummings, were present. Alderman Baker presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open SesSion.kkkA' READ AND ADOPTED;' 'FF · REGULAR' MEETING Council Chambers March 30, 1987 Council met on Monday, March 30th, 1987 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 Chessman offered the Opening Prayer. ADOPTION OF MINUTES Alderman Campbell referred to the minutes of the meeting held March 23rd, 1987, Page 7, Report CD-87-13, and asked that his motion to Receive and File the report, with Alderman Hopkins withdrawing his second to the motion after discussion, be recorded in the minutes. ORDERED on the motion of Alderman Orr, seconded by Alderman Baker, that the minutes of the Joint Meeting dated November 25th, 1986 be adopted as printed, and the amended minutes of the meeting held March 23rd, 1987, be adopted. Carried Unanimously. DEPUTATIONS SOCIAL PLANNING COUNCIL - Mr. Brian Watkinson, Past President; Mr. Gary Enskat, President; and Mrs. Julie Darnay, Researcher-Administrator of the Social Planning Council of Niagara Falls addressed Council. Mrs. Darnay provided details regarding her previous training and experience, and asked for Council's continued cooperation and support. UNFINISHED BUSINESS CD-87-17, CII'~ 0Y NIAGARA FALL,S SY!4BOL - Report No. CD-87-17 - Cktef Admtnietrative Officer - Re: City of Niagara Palls Symbol (TABLED 1987 03 23). The report recommends that the Official City Seal continue to be used as the Official Crest for the City and the Logo continue to be used as the Niagara Falls unofficial identification symbol on vehicles, Municipal Park signs, regular letterhead, newspaper notices, etc. The Clerk provided background information regarding the City Crest and Logo, and with the overhead proJector~ demonstrated the use of the symbols. ORDERED on the motion of Alderman Baker, seconded by Alderman Hopkins, that in future the City Crest be placed on vehicles being purchased or painted instead of the City Logo. The motion Carried with the following vote: AYE: Aldermen Baker, Coville, Hinsperger, Hopkins, Pay, and Puttick, NAYE: Aldermen Campbell, Cheesman, Harrington, Janvary and Orr. S[INDAY SHOPPING & RETAIL STORE HOURS Commuication No. 107 - Ontario Legislative Assembly - Re: Sunday Shopping and Retail Store Hours. The con~nunication responds to Council's concern that insufficient notice had been given to arrange attendance at the Public Rearing on the subject matter, and suggests that written submissions will be distributed to the Committee for consideration. ORDERED on the motion of Alderman Chessman, seconded by Alderman Harrington, that the communication be received and filed, and that a copy be forwarded to the Downtown Board of Management and Mr. Michael Sciarra of Mr. Grocer. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Chessman, Coville, Fmrrington, Hinsperger, Hopkins, Janvary, Orr,.and Puttick. ~.NAYg:'~Alderman Pay. MW-87-62, EQIJIPNENT RENTAL CONTRACT FOR LANDPILL SITE - Report No. MW-87-62 - Chief Administrative Officer - Re: Equipment Rental Contract for Landfill Site. The report recommends that the "termination of contract upon closure of the landfill site" clause remain as a condition of award of the contract for the rental of equipment at the landfill site. Mr. Fermino Susin discussed his tender which had been accepted by the City as submitted, and the clause inserted in the agreement which "completely changed" the tender, and for economic reasons made it necessary for him to refuse to sign the agreement. ORDERED on the motion of Alderman Baker, seconded by Alderman Puttick, that the report be received and the clause be deleted from this contract, but added to future contracts. The motion Carried with Alderman err voting contrary on the decision to add the clause to future contracts, and all others voting in favour. HAYES-DANA- AND - BRIGHT'S FOODS - Cos~,ntcation No. 108 - Pillsbury Canada Limited - Re: Bright's Foods Closure. The communication advises of the closure of the Bright's Foods manu- facturing facility in Niagara Falls, effective May 29, 1987, affecting 43 full time employees. His Worship Mayor Smeaton discussed his contacts with Mr. S.P. 0liver, Vice-President of Operations, and Mr. Jim Grossett, Vice-President of Human Resources, with respect to the proposed Brights Foods closure, and was assured that the cause was "purely economics". He advised that he had learned nothing could be done to stop the closure, and had offered to give assistance if possible. His Worship Mayor Smeaton advised that he had artended a meeting with area Mayors, Mr. Rob Nicholson, M.P.; the Honourable Vince Kerrio, Minister of Natural Resources and Energy; Mr. Bud McLaughlin, Vice-President; and Mr. Hugh Cosgrove, Manager of Chassis Products Division, of Hayes-Dana. Mayor Smeaton discussed the planned reduction in employees at the two area plants over the next few years, and the decision of management that supplying facilities should be adjacent to major users, in order to adapt to economic conditions, and for increased efficiency. He stated that the decision was "irrevocable", and further that there was nothing local government could do to change the decision. ORDERED on the motion of Alderman Chessman, seconded by Alderman Baker, that the communication be received and filed. Carried Unanimously. C-87'-06 - PROPOSED HOCKEY HALL OF FANg - Report No. C-87-07 - Chief Administrative Officer - Re: Proposed Hockey Hall of Fame. The report recommends that further negotiations regarding the establishment of the NHL Hockey Hall of Fame be held in abeyance pending a decision of the League regarding the establishment of the facility in either Toronto or Montreal. ORDERED on the motion of Alderman Cheesman, seconded by Alderman err, that the report be received and adopted. Carried Unanimously. CC-87-02, ESTABLISHNENT OF A PERSONNEL COI~ITTEE - Report No. CC-87-02 - Chief Adm~nistrative Officer - Re: Establishment of a Personnel Connnittee (Referred from Committee of the Whole). The report recommends with respect to the advisability of having a Personnel Committee, the Special Ad Hoc Committee recommends that City Council re-affirm its decision of February 14, 1987 that a Personnel Committee as such not be established, and the Members of Council refer any personnel concerns they may have directly and immediately to either the Chief Administrative Officer or the Director of Personnel. During the discussion, Alderman Puttick requested that information he had received from the Clerk's office dated April 18th, 1983, be distributed, in confidence, to all members of Council. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cheesman, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Coville, Harrington, Hinsperger, Hopkins, and Janvary. NAYE: Aldermen err, Pay, and Puttick. COMMUNICATIONS No. IO9 - Chippapa Lions Club - Re: 1987 Carnival - June 10 to I2, 1987, at the Chippawa Lton's Field. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Baker, that the request of the Chippawa Lions Club, Niagara Falls, for a special occasion permit for its 1987 Carnival to be held at the Chippawa Lion's Field on June 10, 11 and 12, 1987, be granted subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Health Services Department, and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 110 - Greater Niagara Baseball ALsoclarion (G.N.B.A.) - Re: G.N.B.A. Oldtimers Three-Pitch Tournament at Houck Park on August 15 and 16, 1987. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Baker, that the request of the Greater Niagara Baseball Association for a special occasion permit for the Oldtimers Three-Pitch Tournament to be held at Houck Park, Niagara Falls, on August 15th and 16th, 1987, be granted subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Health Services Department, and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 111 - Region Niagara Tourist Council - Re: Niagara's Grape & Wine Industry. The communication requests support of the Ontario wine industry in encouraging development of promotional tour of Ontario's wine country in the future. No. 112 - Niagara Grape & Wine Festival - Re: Ontario Restaurant News. The communication requests comments regarding the response of the Board to recent advertisement. ORDERED on the motion of Alderman Harrington, seconded by Alderman Coville, that the communications be received, and a letter supporting the position of the Tourist Council be forwarded to the Ontario Restaurant News, with a copy to the Niagara Grape and Wine Industry. The motion Carried with the following vote: AYE: NAYE: Aldermen Baker, Campbell, Coville, Harrington, Hinsperger, Hopkins, Janvary, and Puttick. Aldermen Cheeaman, err, and Pay. -4- No. 113 - Township of Beckwith - Re: Ontario Home Renewal Program. The communication asks Council to support the resolution asking the Province to review and update the Program, to study the possibility of increasing taxable income per household and amount of grant available. ORDERED on the motion of Alderman Campbell, seconded by Alderman Baker, that the resolution be endorsed. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Chessman, Coville, Harrtngton, Hinsperger, Hopkins, Sanvary, Orr, and Puttick. NAYE: Alderman Pay. No. 114 - Regional Niagara Land Division Co~mittee - Re: 1986 Year End Report. The communication expresses the wish to meet with Council, or repre- sentatives of Council, to discuss the report and other matters of mutual interest, if required. ORDERED on the motion of Alderman Coville, seconded by Alderman Harrington, that a meeting with the Regional Niagara Land Division Committee be approved. Carried Unanimously. No. 115 - Regional Niagara Public Works Department - Re: Water/Sewage Flows for February, 1987. The communication attaches Report DEP-2507 regarding the subject matter. ORDERED on the motion of Alderman Harrington, seconded by Alderman Baker, that the communication be received and filed. Carried Unanimously. No. 116 -Association of Municipalities of Ontario (ANO) - Re: AgO Report 87-1: A Proposed Model of Collective Bargaining and Required Amendments for the Fire Departments Act. The communication attaches a copy of the aforementioned report and asks the support of Council in a resolution to the Premier and the Solicitor General. Mr. Peter Skowronek, local firefighter, was advised that Staff would be submitting a report to Council on the proposals received. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Orr, that the matter be referred to Staff for a report, and further, that Mr. Skowronek be notified when the report is submitted to Council. Carried Unanimously. No, 117 - Greater Niagara Senior Citizens Association - Re: Executive Meetings. The communication requests representation from City Council to attend the monthly Executive Meetings. Alderman Campbell volunteered to attend if someone would replace him on the C.O.R.E. Building Committee whose meetings interfere with family responsibilities. ORDERED on the motion of Alderman Coville, seconded by Alderman Harrington, that Aldermen Campbell, and Pay be authorized to attend the Executive Meetings. Carried Unanimously. It was moved by Alderman Hopkins, seconded by Alderman Harrington, that Alderman Janvary be authorized to replace Alderman Campbell on the C.O.R.E. Building Committee. Carried Unanimously. REPORTS PD-87-32 - Environmental Plannin~Comaittee - Re: Greening of the City - A Niagara Falls Perspective. The report recommends as follows: 1) That Staff be directed to develop a "GreeninS the City" policy for Council's consideration and adoption; 2) That Staff be directed to identify possible greening projects; 3) That Staff be directed to discuss, with persons knowledgeable in horticulture aspects, including costs of preparing possible greening programmes for the City; and 4) That Staff be directed to review the City of North York Park Naturalization Project to determine applicability to Niagara Falls. 5 The Chief Administrative Officer advised that he had contacted the Province with respect to beautification, had been advised that considerable sums had been used for improvements to the intersections of Highway 420 and the Q.E.W., and Lyon's Creek Road and the Q.E.W., and that this had involved tree planting. The Provincial representatives had further advised that no further improvements were being planned for this year, however, a subsidy was available to the Municipality to be used on Provincial roads. The Chief Administrative Officer stated that the report was amended to incorporate the information that authority would be granted to meet with Mr. George Dalby to discuss long range plans- ORDERED on the motion of Alderman Coville, seconded by Alderman Hopkins, that the report be received and adopted. The motion Carried with the following vote: AYE: NAYE: Aldermen Baker, Campbell, Chessman, Coville, Harrington, Hinsperger, Hopkins, Janvary, Pay, and Puttick. Alderman Orro PIF87-33 - Environmental Planning Committee - Re: Great Lakes United - Unfulfilled Promises: A Citizen's Review of the International Great Lakes Water Quality Agreement. The report recommends the following: 1) That Council endorse the recommendations of Great Lakes United on the Great Lakes Water Quality Agreement; and 2) That interested parties, as noted in the attached report, be sent notification of this endorsement. ORDERED on the motion of Alderman Coyills, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. PD-87-35 - Chief Administrative Officer - Re: Zoning Amendment AM-29/86 Thomas Anthes, 4667 Portage Road - Determination of Need for Further Public Notice. The report recommends the following: 1) That Council, prior to the passing of the amending by-law for Thomas Anthes, 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 notice; 2) That Council enact the amending by-law, listed on the 1987 03 30 ageada respecting this application (AM-29/86), pursuant to the provisions of tile Planning Act. ORDERED on the motion of Alderman Pay, secosded by Alderman Baker, that the report be received and adopted. Carried Unanimously.. See Resolution No. 20. See By-law 'No. '87-55. PD-87-36 - Environmental Plannin~ Committee - Re: Attendance at Great Lakes United Annual Meeting and Conference. The report recommends that Council approve the attendance of Aldermen P. Janvary and R. Harrington at the annual meeting and conference of Great Lakes United on May 1-3, 1987 in Niagara Falls~ Ontario. Alderman Coville explained that Alderman Janvary would be unable to attend. ORDERED on the motion of Alderman Janvary, seconded by Alderman Baker, that the report be received and Alderman Herrington attend the Conference for three days; and further, that Aldermen Coville~ and Hopkins attend on alternate days. Carried Unanimously. MW-87-46 - Chief Administrative Officer - Re: 1987 Tenders for Material. (REVISED REPORT). The report recommends that tenders for materials be accepted as outlined below and on the attached summary sheets. ORDERED on the motion of Alderman Ninspergers seconded by Alderman Janvary~ that the revised report be received and adopted. Carried_U_n_animously. -6- 1iB~87-47 - Chief Ad=!nistrative Officer - Re: 1987 Quotation for Rental of General 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 on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. M~-87-50 - Chief Adainistrative Officer - Re: Contract G.C. 5-87 - Underground Services for Parkway Gardens Subdivision - Phase III. The report recommends that the unit prices submitted by the low tendeter, Volsci Construc- tion Co. Ltd., be accepted and this contract be awarded. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 87-53. MW-87-51 - Chief Ad=tnistrative Officer - Re: 1987 Local Improvements. The report recommends that the Local Improvement By-law appearing on tonight's agenda be passed by Council. ORDERED on the motion of Alderman Pay, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. See By-law No. 87-52. ~W-87-53 - Chief Ad=inistrative Officer - Re: Encroachment on City's Storm Easement on Lot 173, R.P. M-106 - Westway Estates. The report recommends as follows: 1) That Council pass a by-law to authorize a one-foot encroachment on the Clty's five-foot wide easement on Lot 173, R.P. M-106 by way of an abandonment and release; 2) That a suitable Reference Plan be prepared by the owner, Mr. M. Daniels, and that this Plan be registered on Title, all at the owner~s cost. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. C-87-O7 - Chief Administrative Officer - Re: Weed Inspector. The report provides background information regarding the Weed Control Act, the Weed InsPectotis duty, and previous activity with respect to this position, and recommends that the information contained herein be noted and the report received and filed. ORDERED on the motion of Alderman Pay, seconded by Alderman Coville, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Coville, Harrington, Hinsperger, Hopkins, Janvary, and Pay. NAYE: Aldermen Orr, and Puttick. F-87-19 - Chief Adainistrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $7,281,919.75 for the period ending March 30, 1987 be approved by the passing of the by-law appearing later on the agenda. Alderman Cheesman declared a conflict of interest on Cheque No. 23359 because his wife is employed by the Board. Alderman Hinsperger declared a conflict of interest on Cheque NO. 23290 because he is employed with the company. Additional informatiou was provided on Cheque No. 23299. ORDERED on the motion of Alderman Chessman, seconded by Alderman Janvary, that the report be received and adopted. The motion Carried with Aldermen theesmart and Hinsperger abstaining from the vote on ChequeVos. 23359 and 23290 consecu- tively, on conflicts of interest previously recorded; and with all others voting in favouro -7- CD-87-20 - Chief Administrative Officer - Re: AM-26/86, Restricted Area By-law No. 76-259, Proposed 50 Unit Hotel and 250 Seat Restaurant, Southerly Side of Lewis Avenue. The report recommends that the date of the Ontario Municipal Board Hearing be noted, AND that this report be received and filed. Alderman Coville declared a conflict of interest because her husband is employed with a neighbouring firm. ORDERED on the motion of Alderman Pay, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with Alderman Coville abstaining from the vote on a conflict of interest previously recorded; and with all others voting in fayour. CI)-87-21 - Chief Administrative Officer - Re: Encroachments, 4692 Crysler Avenue. The report recommends that the application to permit the continuation of encroachments of a building upon the Crysler Avenue road allowance be approved, and the necessary by-law be enacted by the City Council. ORDERED on the motion of Alderman Baker, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously--. ]~-87-O5 - ~layor Smeaton - Re: Automotive Mayors' Caucus. The report recommends that the City of Niagara Falls endorse the attached resolution prepared by the "Automotive Mayors' Caucus" in order that the concerns of those Municipalities dependent on the Automotive Industry are brought to the attention of the Federal Government. ORDERED on the motion of Alderman Harrington, seconded by Alderman Hopkins, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Coville, Harrington, Hinsperger, Hopkins, Janvary, and Pay. NAYE: Aldermen Orr, and Puttick. $-87-04 - CMef Admimistrative Officer - Re: Quit Claim Deed to Niagara Parks Commission - Minolta Bridge/Incline Railway. The report recommends that Council pass the by-law appearing on to-night's agenda to authorize the above noted Quit Claim Deed from the City to The Niagara Parks Commission. ORDERED on the motion of Alderman Campbell, seconded by Alderman Herrington, that the report be received and adopted. Carried Unanimously. See By-law No. 87-56. RESOLUTION No. 20 - CH~ECl~- B/LKER - RESOLVED that this Council does determine, in accordance with the provisions of the Planning Act, 1983, that the changes to the proposed zoning By-law amendment (A.M.-29/86 - 437867 Ontario Limited, Thomas Anthes), for the Niagara Falls Planning Area do not require giving any further notice; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Baker, seconded by Alderman Harrington, that leave be given to introduce the following by-law, and the by-law be read a first and second time: No, 87-52 - A by-law to authorize the construction of certain works as local improvements under section 12 of the Local Improvement Act. Carried Unanimously. -8- ORDERED on granted to time: the motion of Alderman Orr, seconded by Alderman Baker, that leave be introduce the following by-laws, and the by-laws be read a first No. 87-53 - A by-law to authorize the execution of an agreement with Volsci Construction Co. Ltd. for sewermains, watermains and base road construction in the Parkway Gardens Subdivision - Phase III. No. 87-54 - A by-law to authorize the execution of a subdivision agreement with James Wallace, Steven Widema and Christine Widema respecting the proposed Dell Park Extension No. i Subdivision. NO. 87-55 - A by-law to amend By-law No. 79-200, as amended. (Lot 19, RP 38, former Twp. of Stamford, & Pt. Lot 95, Pt. 2, 59R-1273, T. Anthe.) (Report PD-86-121 approved by City Council on October 14, 1986). Moo 87-56 - A by-law to authorize a Quit Claim Deed in favour of The Niagara Parks Commission. No. 87-57 - 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. 87-57, on conflicts of interest previously recorded in Report No. F-87-19; and with all others voting in favour. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Baker, that the following by-laws be now read a second and third time: No. 87-53 - A by-law to authorize the execution of an agreement with Volsci Construction Co. Ltd. for sewermains, watermains and base road construction in the Parkway Gardens Subdivision - Phase Ill. No. 87-54 - A by-law to authorize the execution of a subdivision agreement with James Wallace, Steven Widema and Christine Widema respecting the proposed Dell Park Extension No. 1 Subdivision. No. 87-55 - No. 87-56 - A by-law to amend By-law No. 79-200, as amended. (Lot 19, RP 38, former Twp. of Stamford, & Pt. Lot 95, Pt. 2, 59R-1273, T. Anthes) (Report PD-86-121 approved by City Council on October 14, 1986). A by-law to authorize a Quit Claim Deed in favour of The Niagara Parks Commission. No. 87-57 - 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. 87-57, on conflicts of interest previously recorded; and-with all others voting in favour. NEW BUSINESS ITEMS OF CONCB~ Advisory Co~aittee on Municipal Elections - Alderman Cheesman referred to the receipt, by the Clerk, of the Final Report of the Advisory Committee on Municipal Elections. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Janvary, that an ad hoc Committee be formed to review the report with the Clerk and Deputy Clerk, and submit further comments and recommendations to Council. It was further recommended that Aldermen Chessman, Cummings and Janvary participate in the Committee Carried Unanimously. Senior Staff Promotions Alderman Puttick referred to the method of decision-making with respect to hiring and/or promoting personnel for senior positions on Staff. -9- ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that Staff submit a report in Committee of the Whole, with respect to the advisability of having a policy whereby the replacement of a department head, from both internal and external positions, be required to pass an appropriate aptitude test at the City's expense; the test to be reviewed by the Chief Administrative Officer, and brought to full Committee of Council for recommendations. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Coville, Hinsperger, Hopkins, Orr, Pay, and Puttick. NAYE: Aldermen llarrington and Janvary. Holy F~sqly Regional Niagara Youth Centre8 & Boys' Homes - Alderman Puttick requested a report to Council by the Chief Administrative Officer containing information regarding how attendance at the Home is calculated. AR-22/86 - Jimmy Swaggart Ntnistrle8 of Canada - Alderman Puttick referred to the aforementioned rezoning application concerning Part Lots 27, 34, and 46, S/W corner of Mountain and Mewburn Roads, and possible resale of the property for $900,000.00. He requested an up-to-date report with respect to building permits on the property. Niagara South Board of Education - Alderman Puttick referred to a mews article regarding a loss of approximately $1 million in 1987, the possible method used to make up the shortfall; and his contacts regarding this matter. He suggested that the cessation of busing students iu Grades 12 and 13 would result in a cost savings. ORDERED on the motion of Aldermam Puttick, seconded by Aldermam Orr, that this matter be referred to Staff for lnvestlgation and a report to the Board, with the request that the Board submit a report, The motion Carried with the following vote: AYE: NAYE: Aldermen Baker, Campbell, Cheesman, Harrington, Hinsperger, Janvary, Orr, Pay and Puttick. Aldermen Coville and Hopkins. Taxing Buildings Prior to Occupancy - Alderman Pay referred to recent contacts he has received with respect to unfinished and unoccupied buildings being assessed, and requested information regarding the policy of the City in this matter. The Treasurer explained that this matter is the responsibility of the Regional Assessment Branch, and further, that a residential property would not be placed on the assessment roll until occupied, unless the building continues into the next Assessment Year. He stated that if the assessment is entered on the roll, a tax bill must be issued by the City. His Worship Mayor Smeaton requested that the name of the concerned builder be submitted to Staff. Tax Collection Process - Alderman Campbell referred to the responsibility of Council in matters of tax collection and the necessity of being informed of tax arrears situations as soon as possible. The Chief Administrative Officer advised that a full report regarding this matter would be submitted to Council at an early date. 'Chippaws Blob/Welland River' - Alderman tlarrtngton discussed negotiations between the Ministry of the Environment and the Norton Company with regard to the pollution in the Welland River, known as the "Chippaws Blob". He expressed his dissatisfaction with the method of approach to funding by the parties involved, suggested that the major portion of the clean-up would be funded by local taxpayers, and that the Ministry should take the responsible party to Court. - 10 - ITEM OF INTEBEST Hatlands Conference/Brock University - Alderman Harrtngton advised that he and Alderman Coville had attended the aforementioned Conference during the past week-end, and advised that the Honourable Vince Kerrio, Minister of Natural Resources and Energy, the Honourable Jim Bradley, Minister of the Environment, were among the guest speakers at the Conference. He stated that Lyon's Creek and the Willoughby Marsh, as well as Shriner's Creek were named as wetlands in the Niagara Falls area requiring preservation. It was moved by Alderman Puttick, seconded by Alderman Orr, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, THIRTEENTH MEETING REGULAR MEETING Council Chambers April 6, 1987 Council met on Monday, April 6th, 1987 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 Alderman Cummings declared conflicts of interest regarding reports adopted during his absence as follows: Conflicts of interest respecting Cheque No. 23021 in the minutes of March 23rd, 1987, and Cheque No. 23292 in the minutes of the meeting held March 30th, 1987, because a member of his family is involved in the program. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that tile minutes of the meeting held March 30th, 1987, be adopted as printed. Carried Unanimously. WELCOME ELEVENTH GIRL GUIDE SALV/LTION AI~ DNIT - His Worship Mayor Smeaton welcomed girls from the llth Girl Guide Salvation Army Unit to the meeting, as well as Guide Leaders, Mrs. Bea Howard, Mrs. Ruth Teakle, Mrs. Betty Cote and Mrs. Sharon Cole. PRESENTATIONS His Worship Mayor Smeaton welcomed to the meeting Herr Helmut Hartman, Translator, and Herr Klaus Muller, Technical Manager Foreign Department, of Edscha, a West German manufacturer of automobile parts. He advised that the aforementioned company had announced that they were establishing an automotive supply business in the Industrial Park, Niagara Falls. Mayor Smeaton welcomed the representatives of Edscha to the community, and presented them with a memento on behalf of the community. DEPUTATIONS SIlOKING REGULATION - Comm,,nication No. 118 - Mrs. Ruth Xlopka - Re: Smoking Regulation. The communication refers to an unpleasant experience she encountered recently in a Niagara Falls drug store. Mrs. Klopka reviewed the experience she had referred to in her communication regarding young boys smoking in a local drug store in her presence; the health hazards resulting from this activity; and her unsuccessful attempts to obviate this activity. She asked that a resolution be adopted to pass a by-law which would prohibit smoking in drug stores. During the discussion it was suggested that the Regional Health Services be contacted for their comments, and the City Solicitor be asked for a legal opinion with respect to a conflict between a business licence issued by the City and an anti-smoking by-law. Alderman Cheesman advised that he had recently introduced this matter in Council, and was intending to submit a proposal to Council and the community for consideration and comments. His Worship Mayor Smeaton advised that his office will provide information to Mrs. Klopka with respect to tile contact person at the Regional Health Services. UNFINISHED BUSINESS (~-87-22, REQUEST OF MR. GROCER - Report No. CD-87-22 - Chief Administrative Officer - Re: Mr. Grocer, Lundy's Lane - Application to the Regional Municipality of Niagara under Section 4 of the Retail Business Holidays Act. The report provides background information in connection with the Retail Business Holidays Act; the request of Mr. Grocer on Lundy's Lane that the store be exempt from the provisions of the Bill; and recommends that Council determine whether it has any objection to the above noted application. Mr. Michael Sciarra, of Mr. Grocer, was in attendance to respond to questions raised. ORDERED on the motion of Alderman Campbell, seconded by Alderman Harrington, that Council support the application and refer the matter to the Regional Municipality of Niagara to pass a by-law. The motion was Defeated with the following vote: AYE: Aldermen Campbell, Cummings, Harrington, Hinsperger, and Puttick. NAYE: Aldermen Baker, Cheesman, Coville, Hopkins, Janvary, err, and Pay. Following a brief discussion, it was moved by Alderman Cheesman~ seconded by Alderman Orr, that the report be received and the decision of Council be forwarded to the Regional Municipality of Niagara. The motion Carried with the following vote: AYE: Aldermen Baker, Cheesman, Coville, Cummings, Hopkins, Janvary, err, Pay, and Puttick. NAYE: Aldermen Campbell, Harrington, and Hinsperger. Alderman Puttick asked to be advised of the date the matter was to he considered at the Region. CD-87-26 - HISTORIC HOUSE - 6120 NAIN SI~RRT - Report No. CD-87-26 - Chief Administrative Officer - Re: Historic House - 6120 Main Street. The report provides background details regarding the status of the building at 6120 Main Street; advises that it would not be lawful for the Municipality to refuse or delay the issuance of a demolition permit, and that application has not yet been made for such a permit; and recommends that the contents of this report be noted and that it be received and filed. Mr. Michael Guira, owner of the subject property, introduced Mr. Dan Colangelo, his agent. He discussed the recent news item which erroneously stated that the house was going to be demolished, and reviewed alternative actions being considered with respect to the subject property. Mr. Colangelo referred to the vandalism of the property which had occurred subsequent to the aforementioned newspaper article. Following further discussion, it was moved by Alderman Cheesman, seconded by Alderman Pay, that the matter be referred to Staff to negotiate with the owner, and submit a report in two weeks with recommendations regarding specific alternatives. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Coville, Cummings, Harrington, Hinaperger, Hopkins, Janvary, Pay, and Puttick. NAYE: Alderman Orr, COMMUNICATIONS No. 119 - Kingsbridge Theatre on the Square - Re: Kingsbridge Theatre Weeks - June 22nd to July 5th, 1987. The communication requests a proclamation. FOURTEENTH ~ETING COb~4ITTEE OF THE WHOLE Committee Room #1 April 7, 1987 Council met on Tuesday, April 7th, 1987 at 4:30 p.m. in Committee of the Whole.'~ All~nemb~s~f Council, with the exception of Alderman Baker, were present. Alderman Campbell presided as Chairman. Following consideration of the items presented, the Committee of the ~d~ole arose to report in open session. READ AND ~/Q~TED, CLERK MAYOR S. SMEATON SPECIAL MEETING Committee Room #1 April 7, 1987 Council met on Tuesday, April 7th, 1987, at 4:40 p.m. to consider general busin~ss. All members of Council, with the exception of Alderman Baker, were present. His WorShip Mayor Smeaton presided as Chairman. REPORTS F-87-21 - Chief Admin~strattve Officer - Re: Collection of Tax Arrears - Maple Leaf Village Investments Inc. (M.L.V.I.I.) and Review of Collection Procedures. The report recommends that the Council review the procedure used relative to the payment of tax arrears by M.L.V.I.I. together with the current procedure in an endeavour to alleviate any concerns in this matter. Alderman Hopkins declared a conflict of interest because a member of his family is employed by the corporation. ORDERED on the motion of Alderman Puttick, seconded by Alderman err, that the report be received and filed. The motion Carried with Alderman Hopkins abstaining from the vote on a conflict of interest previously recorded; and with all others voting in favour. ~-Alderman Pay retired from the meeting. FD-87-03 - Chief Administrative Officer - Re: Ontario Municipal Fire Prevention Officers~ Association Annual Conference, Peterborough, 0ntario - April 12-16, 1987. The report recommends that the Director of Fire Prevention, John Simon~ be authorized to attend the Annual Conference of the Ontario Municipal Fire Prevention Officers' Association to be held in Peterborough, Ontario, from April 12 to 16, 1987. Mr. Simon is Past President of the Association. ORDERED on the motion of Alderman Puttick~ seconded by Alderman Orr~ that the report be received and adopted. Carried Unanimously. It was moved by Alderman Puttick, seconded by Alderman Campbell, that the Council adjourn to Committee of the Whole. Carried Unanimous.tF. READ AND ADOPTED, Committee Room April 7, 1987 Council met on Tuesday, April 7th, 1987 at 4:45 p-m. in Committee of the Whole, .following a Special Meeting. All members of Council, with the exception of Aldermen Baker and Pay, werQ present. Alderman Campbell presided as Following consideration of the item presented, the Committee of the Whole arose to report in open session.~ READ AND ADOP,~ED, NNAN, CLERKJ ~ COUNCIL MEETING Committee Room ~1 April 7, 1987 Council reconvened in formal session on Tuesday, April 7th, 1987 at 6:00 p-m. following a meeting in Committee of the Whole. All members of Council, with the exception of Aldermen Baker and Pay, were present. His Worship Mayor Smeaton presided as Chairman. The meeting adjourned. READ AND AD~9~TED, HAY OR'~W'~ -3- ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, tbat the request he approved subject to established policy. The motion Carried with the following vote: AYE: NAYE: Aldermen Baker, Campbell, Chessman, Coville, Cummings, Herrington, Hinsperger, Hopkins, Janvary, Pay, and Puttick. Alderman Orr. No. 120 - Stamford Centre Volunteer Firemen's Association - Re: Annual Carnival - June 17th to 20th, 1987. The communication requests permission to operate the Carnival, 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 organization. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that the requests be approved. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded; and with all others voting in favour. No. 121 - Ontario Hydro - Re: Ontario Power Generating Station, Plans for Maintenance Work and Modifications to Intake Structures. The communication provides information regarding the subject matter, and requests comments. It was noted that the City has no objections to the planned schedule on the under- standing that Hydro will address all concerns that may arise, i-e., noise complaints. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the Ontario Mydro be notified that the City has no objections to the planned schedule on the understanding that Ontario Hydro will address all concerns that may arise. Carried Unanimously. REPORTS P-87-10 - Chief Administrative Officer - Re: Appointment of Agent of Record - Employee Group Benefits. The report recommends that the firm of Ball-Harrison Employee Benefits Insurance Agency Limited be appointed Agent of Record for the following benefits: Life Insurance, A.D. & D. Extended Health Care, Dental and Long Term Disability Benefit Insurance. Aldermen Janvary and Hopkins declared conflicts of interest because they have family members with a business interest. Alderman Pay declared a conflict of interest because he has a business interest. Mr. Bob Putt, First Niagara Insurance Brokers Inc. reviewed previous efforts to be named the Agent of Record for the City in connection with employee benefits and long term disability; discussed the participation of local brokers in the community; and stated that the local Association "can do the Job". He introduced Mr. George Stickl as the insurance broker who would act on their behalf. Mr. George Stickl, currently associated with Olsen-Sottile Insurance Brokers Inc., reviewed his qualifications and previous experience, as well as 30 local firms and businesses being serviced for insurance at the present time. He requested that he be given the opportunity to assist the City with respect to group insurance. Following a lengthy discussion it was moved by Alderman Orr, seconded by Alderman Chessman, that the report be received and adopted. The motion Carried with Aldermen Hopkins, Janvarys and Pay abstaising from the vote on conflicts of interest previously recorded; and with the following vote: AYE: NAYE: - 4 - Aldermen Baker, Cheesman, Coville, Hinsperger, and Orr. Aldermen Campbell, Cummings, Herrington, and Puttick. See Resolution No. 21. R-87-O8 - Chief Administrative Officer - Re: 1986 Budget Reserves (Oakes Park). The report recommends that the $12,000.00 currently on reserve for the replacement of the dugouts at Oakes Park be released and redirected to be used to cover the cost of a retaining wall behind the home plate on Diamond #1 at Oakes Park. It is further recommended that Council direct Staff to submit an application to the Ministry of Tourism and Recreation for assistance towards the cost of this project. The Parks & Recreation Director asked that the report be amended to include the upgrading of lights at Oakes Park in the recommendation. ORDERED on the motion of Alderman Cummings, seconded by Alderman Herrington, that the amended report be received and adopted. Carried Unanimously. See Resolution No. 22. R-87-O9 - Recreation Commission - Re: Recreation Commission Chairman's 1986 Annual Report. The report recommends that the attached Annual Report be received and filed by Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the report be received and adopted. It was further recommended that a letter of appreciation be fowarded to Mr. Bob Hanna, Chairman, and members of the Recreation Commission. Carried Unanimously. R-87-10 - Chief Administrative Officer - Re: 1987 Tenders for the Supply of Grass Seed and 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 b) Fiesta Perennial Rye Grass c) Pennlawn Red Fescur d) Overseeding Grass Mlsture F.R. Smith Seeds Oseco Ltd. F.R. Smith Seeds Oseco Ltd. 2) Sod (F.O.B. Fairview Cemetery) - Young Sod Supply. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 23. R-87-11 - Chief Administrative Officer - Re: 1987 Tenders for Broad Leaf Weed Control in Parks and Cul-de-Sacs, Grub Control on Cul-de-sacs and Grass Cutting in Rural Cemeteries. The report recommends that the tender of Bobby Lawn Spray in the amount of $11,735.00 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 that the tender of Grounds Master Commercial Lawn and Tree Service in the amount of $1,862.00 for grass cutting in rural cemeteries, be accepted. ORDERED on the motion of Alderman Chessman, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See Resolution No. 24. See By-law No. 87-63, and By-law No. 87-64. B-87-28 - Chief A~nistrative Officer - Re: Site Plan Agreement between Harvey Ho and The City; Niagara Escarpment Commission Condition; Regency Motor Hotel/Motel; 8128 Mountain Road. The report recommends that Council pass the by-law on tonightts agenda authorizing the execution of a Site Plan Agreement with Harvey l{o, ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 87-61. - 5- MW-87-63 - Municipal Works Committee - Re: Committee Reports. The report recommends the following: 1) MW-87-52, Charnwood Subdivision - Bngineering Services - It is recommended: 1. That the firm of DeLCan, De Leuw Cather, Canada Ltd. continue to provide engineering design and construction administration services for the remaining stages of the Charnwood Subdivision; 2. That Staff be authorized to enter into engineering agreements with DeLCan, De Leuw Cather, Canada Ltd. for the same. 2) HW-87-54, Pollution Control Planning & Infrastructure Needs Studies in Ontario - It is recommended that the Regional Municipality of Niagara be advised that the City of Niagara Falls desires to participate in the initial phase of a Pollution Control Planning and Infrastructure Needs Study of various area Municipalities and Regional sewage collection and disposal facilities through a Technical Committee composed of representatives from the three levels of Government mentioned in this report. 3) MW-87-55, C.S. Anderson Road School - It is recommended that two Municipal Works Supervisors be authorized to attend the C.S. Anderson Road School held at the University of Guelph from May 3rd to May 6th, 1987. 4) MW-87-59, Rustproofing of City Vehicles - It is recommended that this advisory report be received and filed and the outstanding invoices to Autoland Chrysler for rustproofing of two City vehicles be approved. 5) NW-87-60, Operating Budget for New Equipment Tender - Municipal Works Section - It is recommended that Council give permission to Staff to arrange for the advertisement by tender for the 1987 New Vehicle Equipment purchases. It was moved by Alderman Pay, seconded by Alderman Baker, that the report be received and adopted. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings that the motion be amended,'with recommendation No. 5 altered to restrict the tendering process for the 1987 New Vehicle Equipment purchases to vehicles which are assembled only in the United States or Canada. Alderman Puttick declared a conflict of interest on the amendment because he is employed with a foreign car firm. The amendment was Defeated with the following vote: AYE: Aldermen Cummings, Harrington, and Hinsperger. NAYE: Aldermen Baker, Campbell, Cheesman, Coville, Hopkins, Janvary, Orr, Pay, and Puttick. The motion to receive and adopt the report Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Coville, Cummings, Hinsperger, Hopkins, Janvary, Orr, Pay, and Puttick. NAYE: Alderman Herrington. MW-87-64 - Municipal Works CoMmittee - Re: Pavement Management Program. The report recommends that the present rank of 75.8 for urban roads and the present rank of 60.9 for rural roads be established as the objective for the roads program over the next five years. ORDERED on the motion of Alderman Coville, seconded by Alderman Baker, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Coville, Cummings, Harrington, Minsperger, Hopkins~ Janvary~ Orr, and Pay. NAYE: Alderman Puttick. MW-87-65 -Municipal Works Coeaittee - Re: Solid Waste Disposal - Outside Legal Services. The report recommends that Mr. Dennis H. Wood of McCarthy & McCarthy, Barristers and Solicitors (Toronto) be engaged to provide legal services with respect to solid waste disposal matters. -6- 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, Coville, Cummings, Harrington, Hinsperger, Hopkins, Janvary, Pay, and Puttick. NAYE: Alderman Orr. CD-87-23 - Chief Administrative Officer - Re: Release of Covenants re: Deed for Lot 22, Registered Plan 160, Stamford Industrial Park. The report recommends that Council pass an appropriate by-law authorizing the release of restrictive covenants 1, 2 and 4 to 7 inclusive, contained in a Deed dated May 28, 1962, in respect to Lot 22, Registered Plan 160. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Curried Unanimously. C9-87-25 - Chief Administrative Officer - Re: Echlin Canada Inc. Purchase of Canadian Racing Plate Co. Ltd., Release of the Restrictive Covenants of the Deed. The report recommends that Council pass the by-law appearing later on the agenda authorizing a Release in favour of Echlin Canada Inc. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. See By-law No. 87-59. C-87-O7 - Chief Administrative Officer - Re: Lot 46, Registered Plan 243. The report recommends that Council approve of the transfer of ownership of Lot 46, Registered Plan 243, from Juergen Philipp (Canada) Inc. to Silcom Canada Inc. subject to the proposed purchaser entering into an appropriate agreement with the City. ORDERED on the motion of Alderman Covtlle, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. See By-law No. 87-60. GD-87-24 - Chief Administrative Officer - Re: Surplus Municipal Property, Block "C", Registered Plan N.S. 2, East Side of Allanthus Avenue, North of McLeod Road. The report recommends that the surplus Municipal property located on the east side of Allanthus Avenue, north of McLeod Road be sold to Walker- Diggon Investments Ltd. at the tendered amount of $68,000.00, plus the cost of a Letter of Opinion of $400.00 along with survey costs, if a survey is required. ORDERED on the motion of Alderman Coville, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. P-87-20 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,943,797.31 for the period ending April 6th, 1987 be approved by the passing of the by-law appearing later on the agenda. Alderman Hinsperger declared a conflict of interest on Cheque Nos. 23407 and 23425 because he is employed with the company. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, thut the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on Cheque Nos. 2340~and23425 on a conflict of interest previously recorded; and with all others voting in favour. RESOLUTIONS No. IX - OBR- G~SgMAN - RESOLVED that the firm of Ball-Harrison Employee Benefits Insurance Agency Limited be appointed Agent of Record for the following benefits: Life Insurance, A.D. & D. Extended Health Care, Dental and Long Term Disability Benefit Insurance; AND the Seal of the Corporation be hereto affixed. The motion Carried with Aldermen Hopkins, Janvary and Pay abstaining from the vote on conflicts of interest previously recorded; and with the following vote: AYE: Aldermen Baker, Chessman, Coyills, Hlnsperger, and Orr. NAYB: Aldermen Campbell, Cummings, Harrington, and Puttick. - 7 - No. 22 - CUMMINGS - ltARRINGTON - RESOLVED titat Council support an application to the Ministry of Tourjam and Recreation for assistance towards the cost of the replacement of the dugouts, a retaining wall behind the home plate on Diamond No. 1, and the upgrading of lights at Cakes Park, Niagara Falls; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 23 - PAY - HINSPBRGER - RESOLVED that the unit prlces submitted for grass seed and sod be accepted as follows: 1) Grass Seed (All F.O.B. Fairview Cemetery) a) Grass Seed Mixture F.R. Smith Seeds - $2,669.85 b) Fiesta Perennial Rye Grass Oseco Ltd.- 515.90 c) Pennlawn Red Fescue F.R. Smith Seeds - 295.26 d) Overseeding Grass Mixture Oseco Ltd. - 1,759.00 2) Sod (F.O.B. Fairview Cemetery) Young Sod Supply - $ 0.84/Roll Carried Unanimously. No. 24 - CHEfSMAN - JANVARY - RESOLVED that the unit price submitted by Bobby Lawn Spray for the control of broad leaf weeds in parks and cuI-de-sacs and the control of grubs on cul-de-sacs, be accepted at the low tendered amount of $11,735.00; AND that the unit price submitted by Grounds Master Commercial Lawn and Tree Service for grass cutting in rural cemeteries, be accepted at the low tendered amount of $1,862.00; AND the Seal of the Corporation be hereto affixed. C~rried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the following by-law be now read a third time: 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 the by-laws be read a first time: No. 87-58 - A by-law to allow the maintaining and using of a building which encroaches on Crysler Avenue. No. 87-59 - A by-law to authorize a Release in favour of Echlin Canada Inc. No. 87-60 - A by-law to authorize an agreement with Juergen Philipp (Canada) Inc. and Sileom Canada by its General Partner Silcom Canada Inc. respecting Lot 46, in the Falls Industrial Park, being Registered Plan No. 243. No. 87-61 - A by-law to authorize the execution of a Site Plan Agreement with Harvey Ho. 87-62 - A by-law to provide monies for general purposes. 87-63 - A by-law to authorize the execution of an agreement with Bobby Lawn Spray of St. Catharines/Niagara Falls for broad leaf weed control and grub control. No. 87-64 - A by-law to authorize the execution of an agreement with James E. Barnes carrying on business as Grounds Master Commercial Lawn Tree Service for grass cutting and trimming of cemeteries. The motion Carried with Alderman Hinsperger abstaining from the vote on By-law No. 87-62, 'on a conflict of interest previously recorded in Report No. F-87-20; and with all others voting in fayour. 8 9 ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the following by-laws be read a second and third time: No. 87-58 - A by-law to allow the maintaining and using of a building which encreaches on Crysler Avenue- No. 87-59 - A by-law to authorize a Release in fayour of Echlin Canada Inc. HO. 87-60 - A by-law to authorize an agreement with Juergen Philipp (Canada) Inc. and Silcom Canada by its General Partner Stlcom Canada Inc. respecting Lot 46, in the Falls Industrial Park, being Registered Plan No. 243. No. 87-61 - A by-law to authorize the execution of a Site Plan Agreement with Harvey Ho. No. 87-62 - A by-law to provide monies for general purposes. No. 87-63 - A by-law to authorize the execution of an agreement with Bobby Lawe Spray of St- Catharines/Niagara Falls for broad leaf weed control and grub control. No. 87-64 - A by-law to authorize the execution of an agreement with James E. Barnes carrying on business as Grounds Master Commercial Lawn & Tree Service for grass cutting and trimming of cemeteries. The motion Carried with Alderman Hinsperger abstaining from the vote on By-law No. 87-62, on a conflict of interest previously recorded in Report No. F-87-20; and with all ethers voting in favour. NEW BUSINESS ITEN~ OF CONCEal Overnight Perking on City Streets - Alderman Hinsperger discussed complaints he had recently received with respect to overnight parking on City streets. The Deputy Clerk advised that although the by-law had been passed, signs must be pouted before the by-law will be effective. Green Oakes Mobile Ho~e Park - Alderman Baker requeuted information regarding improvements to the above mentioned Park. The Clerk utated that the Court had fined the owner $300.00, that some electrical improvements have been completed, that all requirements are to be completed by the end of April 1987, and that the City will again check with Ontario Hydro regarding compliance. Adult Entertainment/Lincoln Arms- Alderman Baker referred to a recent advertiuement in the local newspaper regarding adult entertainment at the Lincoln Arms Tavern. The Chief Administrative Officer advised that the matter had been brought to his attention and would be investigated. Old Police Building- 4582 Zt~aemn Avenue - Alderman Cummings requested information regarding the current situation of the old police building. The Chief Administrative Officer advised that.he would make enquiries concerning the building. I~ndl~pped Parking - Alderman Pay referred to complaints he has recently received regarding illegal parking in spaces reserved for handicapped persons. ORDERED on the motion of Alderman Pay, seconded by Alderman Campbell, that the matter be referred to the Municipal Parking & Traffic Committee for a resolution to the problem. Carried Unanimously. Hunicipal Property/Spring Street & HoGrail Avenue - Alderman Hopkins referred to a letter he had recently received from Howard Johnsours regarding the subject property which had been considered by Council ou Hatch 30th, 1987. His Worship Mayor Smeaton advised that he had visited the site and responded to the communication, and further, that the Chief Administra- tive Officer would be visiting Howard Johnson's tomorrow. Holy Family Regional Niagara Youth Centres & Boys' Homes - Alderman Puttick provided information that the Holy Family Centre had changed its name to St. Lukets Cathedral, and requested information regarding the payment of taxes- ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman, that the matter be referred to Staff for a report regarding the payment of taxes by the Holy Family Centre, and required payment of taxes subsequent to the change of name. Carried Unanimously. It was moved by Alderman Harrington, seconded by Alderman Janvary, that the meeting adjourn. Carried Unanimously. AND ADOPTED, CITY CLERK MAYOR S. SMEATON FIFTEENTH MEETING PLANNING/REGULAR MEETING Council Chambers April 13, 1987 Council met on Monday, April 13th, 1987 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 Hinsperger offered the Opening Prayer. ADOPTION OF MINUTES Alderman Hopkins asked that the motion on Report No. CD-87-22 be amended in the minutes of the meeting held April 6, 1987, to read that he did not second the motion. ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the amended minutes of the meeting held April 6th, 1987, be adopted. Carried Unanimously. WELCOME TWENTY-FIi~ NIAO~ FALLS GIrL GUIDES, ST. I~TIN'S L~RCH - His Worship Mayor Smeaten welcomed girls from the 25th Niagara Falls Girl Guides, St. Martin's Church, to the meeting, as well as Guiders Mrs. Linda McMillan and Mrs. Joanne McRae. PRESENTATIONS BOOST NIAGAllA- Mrs. Lucille Hilston presented copies of her musical composition of "Boost Niagara" to members of Council, and expressed appreciation to Council for allowing her to use the. City Crest on the song sheet. REPORTS - PLANNING MATTERS PD-87-47 - Chief Administrative Officer - Re: Zoning Amendment Application AM-40/86, and Official Plan Amendment No. 158 - Fiere Lupia; Thorold Stone Road. The report recommends that Council not support the subject application. - AND - Co.~untcation No. 122A - Regional Niagara Plsnn~n~ & Development Department - Re: Preliminary Application AM-40/86, Proposed Commercial Plaza, Thorold Stone Road and Confederation Avenue. The communication advises that Regional Public Works Staff are not opposed to this application, but have requested a detailed site plan for their review and approval and have indicated that certain permits will be required; and further, that a market area study has not been submitted for this proposal and therefore the basic requirement of the Cityts Commercial policies has not been satisfied. - AND - Co~munication No. 122B - Mrs. Kathleen Tiplin - Re: Official Plan Amendment No. 158 and Zoning Amendment Application AM-40/86. The communication expresses opposition to the proposed amendment because of the excess of specialty and convenience stores, and small strip development throughout the City; traffic congestion; and suggests that a low-rise apartment building would be more desirable· His Worship Mayor Smeaton declared the Public Meeting open, and explained the procedure to be followed under the Planning Act 1983. The Clerk advised that the applkicant proposes to construct a 10,600 square foot conunercial plaza on the subject lands, and that the Official Plan Amendment will redesignate the lands from residential to commercial, and the Zoning By-law Amendment would fezone the said lands from a residential apartment and neighbor- hood zone to a general commercial zone. He stated that the Notices of the Public Meeting were forwarded on March llth, 1987. -2- Mr. W. Slovak, Q.C., indicated his presence on behalf of the applicant. His Worship Mayor Smeaton received a positive response to his request for a show of hands from persons in favour of or against the proposal. He advised that any persons wishing to receive further notice of the passing of the by-law should submit names and addresses to the 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 Technical Report: Property Description; Development Proposal; Official Plan Amendment; Zoning By-law Amendment; Surrounding Land Uses; Comments from Pnblic Notification; Planning Review; and Site Plan Review. He stated that the Planning Department recommends that the application be denied. The Planning Director replied to questions raised regarding the number of houses on Confederation Avenue; vacant lands at the intersection of Men:rose and Thorold Stone Roads; and required market study. Mr. Paul Hartman, 6714 Thorold Stone Road, and Mrs. L. Kostelac, 6743 Crawford Street expressed opposition to the proposal because of inadequate parking, traffic congestion, increased noise level, possible late night activity with a commercial plaza, and expressed centera regarding the possibility of a car-wash or gasoline station being installed on the plaza. They discussed the devaluation of homes in the neighbourhood, and expressed preference for an apartment building. Mrs. Kostelac discussed her concerns regarding the safety of children in relation to increased truck traffic. Mr. Slovak stated that his client is of the opinion that a commercial plaza would be the highest and best use of this parcel of land, in terms of Thorold Stone Road and its developing commercial artery. He stated that a feasibility study was not completed because the subject lands were very close to the required maximum footage of 10,O00 feet for the study. Mr. Slovak suggested that the concerns raised by the property owners could be addressed in negotia- tions for a site plan, and advised that they would be prepared to work with the City to address the concerns, and would be agreeable to closing off the plaza access to Confederation Avenue. He asked that Council grant a rezoning of this application. Mr. Lupia referred to the present parking of Mr. Hartman's truck. In response to questions raised, Mr. Slovak advised that his client was prepared to have this matter tabled in order that a meeting with the objectors and Staff might be held to resolve the concerns and" work out a plan for a category of use". Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the matter be tabled for 6 weeks to the next Planning meeting. The motion was Defeated with the following vote: AYE: NAYE: Aldermen Cummings, Herrington, Hinsperger, and Pay. Aldermen Baker, Campbell, Cheesman, Coville, Hopkins, Janvary, Orr, and Puttick. It was moved by Alderman Orr, seconded by Alderman Hopkins, that the report be received and adopted, that the application be denied. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Coville, Hopkins, Janvary, err, and Puttick. NAYE: Aldermen Cummings, Herrington, Hinsperger, and Pay. PD-87-46 - Chief Administrative Officer - Re: Zoning Amendment Application AM-I/87, J.B. Kendall, Morrison Street. The report recommends the following: 1) That Council not approve applicationAM-i/87, as submitted; 2) That the applicant be encouraged to explore alternative redevelopmen: opportunities for the subject lands in keeping with the guidelines and policies set out in the City's Official Plan. -3 - - AND - Co~munication No. 123A - Regional Niagara Planning & Development Department - Re: Preliminary ApplicationAM-i/87, Neighbourhood Commercial Plaza, Morrison Street, east of Portage Road. The communication advises that Regional Planning Staff are not opposed to this application, however there may be a number of local planning considerations; and further, that Regional Public Works Staff have a number of comments with respect to this development and the Regional road. - AND - Communication No. 123B - Mr. Brian Sinclair, Q.C. - Re: Zoning Amendment Application Abi-1/87, 5775, 5765 and 5753 Morrison Street. The communication attaches a petition on behalf of residents in the subject area, expressing concerns regarding the nearby school, noise, safety and lack of screening or buffering provided by the developer, and opposing the application. - AND - Co~munication No. 123C - Nrs. Evelyn Nelson - Re: Store on Morrison Street. The communication expresses agreement with the proposal because of the number of senior citizens in the area and the need for nearby store facilities. - AND - Com~uaication No. 123D -A~ne Unger - Re: Zoning Amendment Application AM-l/87. The communication expresses concern for traffic flow, as well as safety of pedestrians and vehicles with respect to the application. Mr. John Broderick, Q.C., advised that he had been retained by Kendall Homes Limited to act on the application, and was requesting that the application be tabled to give the developer the opportunity to review the proposal with respect to the concerns of residents in the area. He further advised that the Planning Staff, Clerk and Mr. Brian Sinclair, Solicitor on behalf of a number of concerned residents had been informed that he would be requesting that the matter be tabled. Mr. Bredcrick stated that it was understood this procedure would require a new Public Mesting and the provision of Notices of the Public Meeting. Mr. Brian Sinclair, Q.C., Solicitor on behalf of most of the objectors in attendance, advised that he would like the opportunity to work with Mr. Bredcrick in order to resolve concerns, because it was felt that the subject property needs a new development. There was a negative response to Mayor Smeaton~s request for comments concerning the withdrawal of the application. The Planning Director referred to a legal opinion received from the City Solicitor with respect to the procedure for tabling the application, that a formal submission be forwarded to the Clerk prior to the hearing. Mr. Bredcrick indicated the willingness of the proponent to absorb the costs of recirculation. ORDERED on the motion of Alderman Pay, seconded by Alderman Cheesman, that at the request of the applicant's Solicitor the application be tabled in order to address the concerns of the residents, and to provide an opportunity for the applicant to explore development alternatives. It was further recommended that the proponent absorb additional circulation costs. Carried Unanimously, PD-87-48 - Chief Administrative Officer - Re: Zoning Amendment Application AM-2/87, Peter Aiello, 4689 Men:rose Road. The report recommends that Council not support the proposed rezoning of the subject land for a donut shop. - AND - Cosaunicatioa No. 124A - Regional Niagara Planning & Development Department - Re: Preliminary Application AM-2/87, Proposed Donut Shop, Montrose Road and Mulhern Street. The communication advises that Regional Planning Staff are reluctant to support the approval of the application because of its encroachment into a residential area, and fur:hat that Regional Public Works Staff are not opponed to the donut shop, but have a number of comments with respect to its impact on the abutting Regional road. -4- - AND - Communication No. 124B - Peter Demote - Re: Zoning Amendment Application AM-2/BT. The communication objects to the application because of unnecessary late night noise, and litter; extreme traffic hazard; and suitable locations in other areas. - AND - Communication No, 124C - Larry Ward - Re: Donut Shop, AM-2/BT. The communication opposes the application because of traffic congestion at the intersection of Mulhern Street and Montrose Road, lack of on site parking facilities, and the safety of school children. Mr. Dante Marineill, Solicitor, indicated his presence on behalf of the applicant. He stated that he would like an opportunity to consider the matter further, that the applicant owns adjoining lands and an opportunity to rodesign the site plan to conform to the concerns of the neighbours, and allow for compatibility with nearby buildings. Mr. Marineill asked that the matter be tabled to provide an opportunity to negotiate further with Staff, and Mr. W. Slovak, Solicitor for the objectors. Mr. William Slovak, Q.C., represented a small group of ratepayers in attendance, and expressed willingness to proceed with the Public Meeting. stated that he would be opposed to tabling the application. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the application be tabled at the request of the Solicitor for the applicant, and further consideration be given at a public meeting with comments from other agencies/departments regarding possible social concerns; and that the applicant absorb recirculation costs. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Chessman, Coville, Hinsperger, Orr, and Pay. NAYE: Aldermen Cummings, Marrington, Hopkins, Janvary, and Puttick. PD-87-42 - Chief Administrative Officer - Re: Zoning Amendment Application AM~3/87. M. Gualtieri, Boarding/Rooming House, 5856 Robinson Street (at Main Street). The report recommends that Council defer consideration of the proposed Zoning Amendment ~uM-3/87, pending the receipt of comments from other agencies/departments regarding matters of possible social concern as identified in Technical Report PD-87-44. - AND - Communication No, 125A - Regional Niagsra Plsnntng& Development Department - Re: Preliminary Application AM-3/87, Proposed Boarding House, Main and Robinson Streets. The communication advises that the Regional Planning Staff would not be opposed to the rezoning provided the boarding house is able to meet reasonable minimum standards, and Regional Public Works Staff have no objection to the proposed rezoning. - AND - Co~unication No. 125B - Oladys I. Miller - Re: Zoning Amendment, 5856 Robinson Street. The communication expresses objection to the application because of abnormal actions on behalf of the present occupants, and an increase in the number of such occupants. - AND - Communication No. 125C - Petition/Residents of Robinson Street & Ross Avenue - Re: 5856 Robinson Street. The communication expressed opposition to the application because the home is not supervised on a 24 hour basis and should be, noise from stereos, verbal abuse, inadequate behavinur which frightsned children in the neighbourhood, as well as visits by ambulance, Fire and Police Departments "because of negligence in supervision". His Worship Mayor Smeaton declared the Public Meeting open, and explained the procedure to be followed under the Planning Act, 1983. The Clerk advised that the applicant proposed to amend the General Commercial zoning of the subject lands to permit the establishment of a boarding/rooming house use within the existing single family dwelling to allow for a maximum of 12 boarders and 7 on-site parking spaces; and that the property is located on the southeast corner of Main Street and Robinson Street. He further advised that the Notices of the Public Meeting were forwarded to interested persons on March 12th, 1987. - 5- His Worship Mayor Smeaton noted that Mr. D. Marinelli, Solicitor for the applicant was in attendance; received a posltive response regarding a request for a show of hands from persons present in fayour of, or opposed to the appli- cation; 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; and requested that the Planning Director explain the purpose and reason for the proposed amendment. The Planning Director discussed the subject property with the assistance of posted sketches; and discussed the following information included in the Technical Report: Development Proposal, Zoning By-law Amendment, Official Plan, Surrounding Land Uses, Planning Review, Zoning By-law 79-200, and Neighbourhood Integration. He recommended that Council defer the application until comments from the Social Planning had been received, The Planning Director responded to questions raised regarding amenities to be provided. Members of Council discussed Provincial funding programs, the desirability of receiving additional comments from the local Mental Health Association, and a support system, as well as submitting concerns to the local Member of Parliament, Minister of Health and other authorities. In response to questions raised, Mr. Marinelli advised that the applicant had owned and operated the facility for 4 years. There was a negative response to Mayor Smeaton's request for comments from persons, other than the applicant or his agent, in favour of the application. Mrs. Penny Milinkovich, 5805 Robinson Street, expressed opposition to the proposal, discussed the inappropriate behaviour of occupants in the home over the past few years, "rude comments to kids passing by, theft" from her car, and stated that a number of people were opposed it. Mr. Marinelli referred to the petition signed by 10 persons in opposition to the application; stated that this was a reasonable land use in the subject area, and that the facility was developed as a result of patient referrals from a number of doctors in the City. He further stated that there were other occupants than ex-psychiatric patients in the home, with some degree of super- vision. Mr. Marineill suggested that the facility might be eligible for a funding program under N.I.P., and referred to the need of this facility in the community. He expressed agreement with the two conditions suggested by the Planning Department, and urged that the application be proceeded with on a land use basis. In reply to questions raised, the Planning Director stated that the by-law should conform with the Occupancy Standards By-law, and Fire and Building Codes. He further suggested that Social concerns should be addressed. The Planning Director advised that the hearing should continue after further information is received. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the public meeting closed. ORDERED on the motion of Alderman Harrington, seconded by Alderman Hopkins, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Coville, Harrington, Hinaperger, Hopkins, Janvary, Orr, Pay, and Puttick. NAYE: Aldermen Campbell, Chessman, and Cummings. PD-87-49 - Chief Ad~nistrative Officer - Re: Zoning Amendment Application AM-5/87 - CMD Inc., North Side Morrison Street, between Drummond Road and the C.N.R. Tracks. The report recommends the following: 1) That Council support the proposed Zoning By-law Amendment, as detailed in PD-87-39, conditional upon the applicant entering into a development agreement with the Municipality addressing the Engineering Department's concerns as detailed in their correspondence. 2) That the Zoning By-law Amendment provide a 7.62 moire (25 feet) front yard setback· - 6_ 3) That the applicant enter into a Site Plan Agreement with the Municipality; 4) That Staff be directed to prepare an appropriate Zoning By-law Amendment, which reflects the application submitted, for enactment at a subsequent Council meeting. - AND - Communication No. 126 - Regional Niagara Planning & Development Department - Re: Preliminary Application AM-5/87, Proposed Medical Building, Morrison Street, south-east of C.N.R. The communication advises that the Regional Planning Staff is not opposed to the development of the site for a medical office; and the Regional Public Works Staff have no objections but have requested a detailed site plan with entranceway and utility permits. 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 proposal would amend a site specific General Commercial provision of the Zoning By-law to permit a medical building with specified ancillary services. He stated that the Notices of the Public Meeting were forwarded on March 12, 1987. In response to a query from His Worship Mayor Smeaton, Mr. Edward Thornicy, President of C~ Inc., indicated his presence. A positive response was received to Mayor Smeaton's request for a show of hands from persons present in favour of, or opposed to the application. He requested that all 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. The Planning Director discussed the location of the subject lands with the assistance of posted sketches. Me reviewed the following information included in the Technical Report: Property Description; Development Proposal; Zoning By-law Amendment; Official Plan; Surrounding Land Use; Comments from Public Notification Process; Planning Review; and Site Plan Review. The Planning Director discussed the requirements of the C.N.R. with respect to a berm and fence and the aesthetic impact. He recommended approval of the development on the basis of a development agreement. Alderman Hopkins declared a conflict of interest because a member of his family has a business interest. In response to questions raised, Mr. Thornley advised that they had met with C.N.R. representatives. Re stated that C.N.R. requirements would ensure safety for the medical centre. Mr. Thornley further advised that all persons present in support of the application were in the medical profession. He presented a sketch of the proposed building. Dr. Michael Alexander discussed the need for the Centre in the community, and stated that this would be a "high quality medical building", and asked Council to endorse the application. There was a negative response to Mayor Smeaton's request for comments from persons present who were opposed to the application. Since no further comments were forthcoming, Mayor 8meaton declared the Public Meeting closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and adopted, and the application approved. The motion Carried with Alderman Hopkins abstaining from the vote on a confllct of ~nterest previously recorded, and with all others voting in fayour. PD-87-45 - Chief Adainlstrative Officer - Re: Five Year Review of the Regional Niagara Policy Plan. Tile report recommends that Council endorse this Staff report so that the City's concerns may be considered should the Regional Municipality of Niagara conduct a review of its policy plan. Mr. Harry Yochim was granted permission to speak on the motion of Alderman Herrington, seconded by Alderman CoYills. Miss Caroline Yochim, his daughter, reviewed a written submission with respect to planning policy for the rural and agricultural area, and concerns that rural residents cannot sever, or sell~ nor can members of the family build upon their lands. He discussed specific 7 instances outlined in his submission with respect to severauce, depressed prices and overproduction, with the suggestion that an indication regarding obnoxious odours, noise and other encumbrances should be noted on deeds. Alderman Orr retired from the meeting. The Planning Director stated that the Regional Niagara Official Plan was very restrictive regarding severances in agricultural areas, and that policies had been established by the Ontario Municipal Board in keeping with the Province of Ontariofs Foodland guidelines. He stated that the concerns raised were "very appropriate". The Planning Director further stated that the agricultural community did not want encroachment of non-farm people into their communities, and possible modifications had been considered at a recent conference. ORDERED on the motion of Alderman Coville, seconded by Alderman Cummings, that the matter be referred to Staff for a revision of the recommendation. Carried Unanimously. DEPUTATIONS NA.INTEN~CE OF D/~4S ON SILRINERtS CREEK - Mr. Peter Grandon| reviewed a written submission regarding the subject matter, with the recommendation that Council pass an anti-dumping by-law to prevent destruction of agricultural farm field drainage systems, creeks and watercourses by landfilling operations; and establish an overall policy on subdivision development for Shriner's Creek watershed which will minimize loss of cropland and control the very severe damaging erosion now occurring. Mr- Grandon| urgently requested that the culverts on Shrinerts Creek have baffles installed to minimize the erosion problem. Mr. Charles Gill, President of the Federation of Agriculture, was granted permission to speak on the motion of Alderman Coville, seconded by Alderman Hopkins. He expressed serious concern regarding the drainage problem in Niagara Falls in relation to farmers in Willoughby and Crowland, and stated that it was the responsibility of the Municipality to maintain the dralns. Following a discussion of the concerns, it was moved by Alderman Campbell, seconded by Alderman Cheesman, that the matter be referred to Staff and the Environmental Committee for a report. Carried Unanimously. CoeBaunication No. 127 - Volunteer Bureau - Re: "National Volunteer Week". The communication asks Council to proclaim the week of April 24th to 25th, 1987 as "National Volunteer Week". Mrs. Lynne J. Savage, Co-ordinator for the Volunteer Bureau discussed activities planned for National Volunteer Week, and introduced Mrs. Marion Herchmer, the new President of the Niagara Falls Volunteer Bureau. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the request be approved subject to established policy. Carried Unanimously. It was moved by Alderman Cummings, seconded by Alderman Harrington, that the meeting proceed past 11:00 p.m. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Coville, Cummings, Harrington~ Hinsperger, Hopkins, and Puttick, NAYE: Aldermen Chessman, Janvary, and Pay. CONMUNICATIONS No. 128A- lit. Roland The|sen - Re: "Good News for Niagara March" - June 6, 13, 20, and 27, 1987. The communication requests permission to conduct the march each Saturday in June, and use the Centennial Square for a program; and further requests approval to hold a Street Party on June 20th, 1987, blocking off a section of Jepson Street. -8- - AND - No. 128B - Niagara Transit - Re: Niagara Community Church. The communication advises that the Commission is not in favour of the requests of the Niagara Community Church- Mr. Theisen was in attendance and asked Council to consider approval of the Street Party- The Chief Administrative Officer advised that a number of concerns were involved in holding a party on the street, i.e., temporary closing of the street, inconvenience to residents, and liability insurance. ORDERED on the motion of Alderman Puttlck, seconded by Alderman Coville, that the requests be denied, and that Mr. Theisen work in co-ordination with the Downtown Board of Management regarding the use of Centennial Square, and alternative sites for the street party- Carrled Unanimously. No. 129A - H S Miniattics - Re: Series of Gospel Music Presentations - Centennial Square. The communication requests permission to hold a series of Gospel music presentations in Centennial Square each Saturday afternoon from 2:00 to 5:00 p.m. from the beginning of June to the end of August 1987. - AND - NO. 129B - Downtown Niagara Falls - Re: H S Ministries Request to use Centennial Square. The communication suggests that many different groups should use the Square in the summer. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hopkins, that H S Ministries be given permission to use the Centennial Square for two Saturdays in June 1987, on an experimental basis, and that the request be re-assessed at that time. Carried Unanimously. Hoo 130A - Otto Jellrisk - Re: Proclamation. The communication asks Council to approve the week of May 22nd to 31st, 1987, as "Canada's Fitweek" and May 22nd, 1987 as "Sneaker Day". - AND - No, I3OB - Rinistry of Tourtam and Recreation - Re: "Sneaker Day" - May 22rid, 1987. The communication provides promotional material for Sneaker Day. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the request he approved subject to established policy. Carried Unanimously. No. 131 - Ministry of Housing - Re: International Year of Shelter for the Homeless Ontario Essay & Poster Design Project. The communication attaches a copy of guidelines and requests promotion of the project. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the request be approved, and a copy of the communication be forwarded to the Social Planning Council. Carried Unanimously. No. 132 - Pyramid Place - Re: Assessment Appeal. The communication attaches a copy of a letter to the Assessment Review Board regarding the assessment on three properties. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the communcation be received and referred to Staff to contact the Regional Assessment Branch for information on this matter. Carried Unanimoesly, No. IB3 - FUR- Re: Revised By-laws (1985). The communication attaches a copy of the Revised By-laws of FCM for 1985. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker~ that the eommunication he received and filed. Carried Unanimously. No, 134 - Canadian Cystic Fibrosi8 Foundation - Re: Fund Raising Project. The communication requests permission to operate a wheel barrow on Clifton Hill on Saturdays and Sundays during May 1987. 9 ORDERED on the motion of Alderman Harrington, seconded by Alderman Hinsperger, that the request be supported, subject to the approval of the Clifton Hill Business Improvement Association (B.I.A.), and further~ that a copy of the communication be forwarded to the Clifton Hill B.I.A. Carried Unanimously. REPORTS R-BY-06 - Chief Administrative Officer - Re: Niagara Falls biariners Baseball Club's Use of Oakes Park. The report recommends that City Council approve the By-law appearing on this evening's agenda authorizing the execution of a three year agreement for the use of Oakes Park by the Niagara Falls Mariners Baseball Club. 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: NAYE: Aldermen Baker, Campbell, Cheesman, Cummings, Harrington, Hinsperger, Hopkins, Janvary, Pay, and Puttick. Alderman Coville. See By-law No. 87-68. P-g7-13 - Chief Administrative Officer - Re: Amendment of Collective Agreement with Local 133, C.U.P.E. The report recommends that City Council pass a by-law, appearing later on tonight's agenda, authorizing a Collective Agreement to be signed by the Mayor and City Clerk incorporating negotiated amendments between the Corporation and Local 133, Canadian Union of Public Employees. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 87-65. aw-87-66 - Chief Administrative Officer - Re: 1987 Tender for the Supply & Application of Traffic Marking Paint. The report recommends that the tender of Provincial Maintenance in the amount of $9,835.00 for the supply and application of traffic marking paint 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. 25. See By-law No. 87-67. RW-87-67 - Chief Administrative Officer - Re: 1987 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 DeMol~s Tire Sales & Service Limited in the amount of $24,678.35 be accepted. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. See Resolution No. 26. NW-87-69 - Municipal Parking & Traffic Co-m4ttee - Re: Request for a "No Parking" Zone at the Lord Simcoe Apartments at 4982 Crysler Avenue. The report recommends that a "No Parking" zone be established on east side of Crysler Avenue from a point 75 feet south of the south curb on Simcoe Street to a point 122.8 feet south of the south curb line on Simcoe Street. ORDERED on the motion of Alderman Cunuuings, seconded by Alderman Hinsperger, that the report be receivsd and adopted. Carried Unanimo~sly. R1~87-70 - (RRVISKD) - Chief Administrative Officer - Re| Development of Stage II, R.P. M-77~ Drummond Park Village Subdivision. The report recommends the following; - 10 - 1) That a By-law appearing on tonight's agenda authorizing the City to enter into a Subdivision Agreement for the above-referenced stage be approved; 2) That Council approve the passage of an appropriate "Part Lot Control" By-law in respect to Lots 1 - 3, 6 - 15, and 69 - 74, Reg. Plan M-77. ORDERED on the motion of Alderman Baker, seconded by Alderman Harrington, that the revised report be received and adopted. Carried Unanimously. See By-law No. 87-74, 1{W-87-74 - Chief Adm~nistrative Officer - Re: Contract R.C. 6-87, Portage Road Slope Restoration. The report recommends that the unit prices submitted by the low tenderer Hard Rock Paving Company Ltd. be accepted and Contract R.C. 6-87 he awarded to this Contractor. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. See Resolution No. 27. See By-law No. 87-70. NW-87-75 (HANDOUT) - Municipal Works Cosm~ttee - Re: The report recommends the following: l) 2) Committee Reports. MW-87-68, Household ltazardous Waste Day - It is recon~nended that Saturday, June 6, 1987 be declared Household Hazardous Waste Day, and that the necessary agreements with the Optimist Club for the use of their property and Woodington Systems Incorporated for waste packaging and disposal be approved. NW-87-72, Servicing Scheme and Cost Sharing Proposal for Mountain Road - Mewburn Road Area - It is recommended that: (1) The servicing scheme as shown be approved; and that (ll)The scheme be financed through a cost sharing arrangement whereby the four owners of the developable lands agree to upfront their portion of the costs and the City finance the portion attributable to existing development. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Harrington, that the report be received and adopted. The motion Carried with the following vote: AYE: NAYE: Aldermen Baker, Campbells Cheesman, Coville, Cummings, ~arrington, Hinsperger, Hopkins, Janvary, and Pay. Alderman Puttick. MW-87-76 (HANDOUT) - Municipal Works Committee - Re: Landfill Compactor. The report recommends that a landfill compactor be rented from Andres-Bell Construction Limited for a minimum of four (4) weeks at a cost of $2,000.00 per week. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Herrington, that the report be received and adopted. Carried Unanimously. F-87-22 - Chief Admi~nistrative Officer - Re: Protective Clothing for Municipal Employees - 1987. The report recommends that the low tender of J.P. Hammill & Son be accepted for shirts, pantsT coverails and shop coats at the prices indicated on the attached summary, ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Campbell~ that the report be received and adopted. Carried Unanimously, See Resolution No. 28. - ll - F-87-23 - Chief Administrative Officer - Re: Statement of Remuneration & Expenses - 1986. The report recommends that the information contained In the attached report be noted and the report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the report be received and filed. Carried Unanimousl~ F-87-24 - Chief Administrative Officer - Re: Fire Department Uniform Tender - 1987. The report recommends that the following tenders be accepted by Council as follows: Complete Uniforms Wash & Wear Trousers Shirts Parkas Firth Bros. Ltd. Muller Dry Goods Vince Audibert Men's Fashioas John Marshall & Company ORDERED on the motion of Alderman Janvary, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. See Resolution No. 29. F-87-25 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,443,449.62 for the period ending April 13, 1987 be approved by the passing of the by-law appearing later on the agenda. Alderman Harrington declared conflicts of interest on Cheque No. 23583 because it concerns-himself, and on Cheque No. 23609 because he is employed with the Board. Alderman Hinsperger declared a conflict of interest on Cheque No. 23518 because he is employed by the company. Alderman Hopkins declared a conflict of interest on Cheque No. 23584 because it concerns himself. Additional information was provided on Cheque Nos. 23524, 23609 and 23644; and a report was requested on Cheque No. 23564. ORDERED on the motion of Alderman Covtlle, seconded by Alderman Janvary, that the report be received and adopted. The motion Carried with Aldermen Harrington, Hinsperger~ and Hopkins abstaining from the vote on Cheque Nos. 23583, 23609, 23518, 23584 consecutively, on conflicts of interest previously recorded; Alderman Puttick voting contrary on Cheque No. 235261 and with all others voting in favour. F-87-26 - Alderman Charles Cheesman - Re: Committee Reports. The report recommends the following: l) Niagara Drum & Bugle Corps - It is recommended that the application for financial support for the Niagara Drum & Bugle Corps be denied. 2) Bocci Courts (Weaver Park) - It is recommended that the request for the installation of lights for the Bocci Court at Weaver Park, and the provision of a portable washroom be denied. 3) Parks & Ceseteries By-law - It is recommended that the recommendations contained in the report of the Chief Administrative Officer dated April 6, 1987 regarding the Parks & Cemeteries By-law be approved. The draft by-law including the suggested changes will be submitted at a future meeting and the effective date of the by-law will be determined after approval has been received by the Ministry of Consumer and Commercial Relations. 4) St. Catharinea & Regional HieSara T~innin~ Association - It is recommended that the request for the St. Catharines & Regional Twinning Association for financial assistance be denied. - 12 - ORDERED on the motion of Alderman Chessman, seconded by Alderman H~nsperger, that Recommendation Nos. 1, 3, and 4 be received and adopted. Carried Unanimously. Following a brief discussion, it was moved by Alderman Cummings, seconded by Alderman Hinsperger, that with respect to Recommendation No. 2, an expendi- ture in the amount of $6,000.00 be provided for lights at Weaver Park. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Chessman, Cummings, Harrington, Hinsperger, Pay, and Puttick. NAYE: Aldermen Coville, Hopkins, and Janvary. RESOLUTIONS No. 25 - C[JIe4INGS - HINSPERGER - RESOLVED that the unit prices submitted by Provincial Maintenance for the 1987 supply and application of traffic marking paint, be accepted at the low tendered amount of $9,835.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No, 26 - HINSPHRGER -!IA~INGTON - RESOLVED that the unit prices submitted by DeMol's Tire Sales & Service Limited for the 1987 supply of tires, tubes and repair service, be accepted at the low tendered amount of $24,678.35; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 27 - CL~NGS - BAKER - RESOLVED that the unit prices submitted by Hard Rock Paving Company Ltd. for Contract R.C. 6-87 - Portage Road Slope Restoration be accepted at the low tendered amount of $187,100.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. Ho. 28 - HINSPERGEH - C~MPBELL - RESOLVED that the unit prices submitted by J.P. Hammill & Son for shirts, pants, coverails and shop coats (Protective clothing for Municipal Employees) be accepted at tile low tendered amount listed below: Shirts - $10.75 Pants - 11.25 I Coverails 17.95 Shop Coats - 16.95 ; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 29 - JANVARY - HARIINGTON - RESOLVED that the unit prices submitted by the following for 1987 Fire Department Uniforms be accepted at the low tendered amounts listed: Firth Bros. Ltd. Complete Uniforms Mullet Dry Goods Wash & Wear Trousers Vince Audibert Men's Fashions Shirts John Marshall & Company Parkas ; AND the Seal of the Corporation be hereto affixed. - $12,561.06 - 2,319.22 - 6,682.39 - 1,856.45; Carried Unanimously. - 13 - BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, tha~ leave be granted to introduce the following by-laws, and the by-laws be read a first time: No, 87-65 - A by-law to authorize the execution of an agreement between The Corporation of the City of Niagara Falls and the Canadian Union of Public Employees, Local Union Number 133. 87-66 - A by-law to authorize the execution of an agreement with William Whittet and Kelly Joy Whittet. No. 87-67 - A by-law to authorize tile execution of an agreement with Provincial Maintenance a division of 649799 Ontario Limited. No. 87-68 - A by-law to authorize the execution of an agreement with the Niagara Falls Mariners Baseball Club. No. 87-69 A by-law to authorize the execution of a subdivision agreement with 456941 Ontario Ltd. and others, respecting the proposed Rainbow Gardens Subdivision. No. 87-70 A by-law to authorize the execution of an agreement with Hard-Rock Paving Company Limited for Portage Road slope restoration. No. 87-71 - A by-law to authorize an agreement with 687876 Ontario Limited, and others, amending the subdivision agreement for the Drummond Park Village Plan of Subdivision, being Registered Plan M-77. No. 87-72 - A by-law to authorize the sale of Block "C" according to Registered Plan N.S. 2 for the City of Niagara Palls to Walker Diggun Investments Limited. No. 87-73 - A by-law to provide monies for general purposes. No, 87-74 - A by-law to designate certain land not to be subject to part lot control. The motion Carried with Alderman Coville voting contrary on By-law No. 87-68 as recorded in Report No. R-87-06; Aldermen Harrington, Hinsperger and Hopkins abstaining from the vote on By-law No. 87-73, on conflicts of interest previously recorded in Report No. F-87-25; Alderman Puttick voting contrary on By-law No. 87-73, as previously recorded in Report No. F-87-25; and all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the following by-laws be now read a second and third time: No. 87-65 - A by-law to authorize the execution of an agreement between The Corporation of the City of Niagara Falls and the Canadian Union of Public Employees, Local Union Number 133. No. 81-66 - A by-law to authorize the execution of an agreement with William Whittet and Kelly Joy Whittet. No, 87-67 - A by-law to authorize the execution of an agreement with Provincial Maintenance a division of 649799 Ontario Limited. 87-68 - A by-law to authorize the execution of an agreement with the Niagara Falls Mariners Baseball Club. No, 87-69 - A by-law to authorize the execution of a subdivision agreement with 456941 Ontario Ltd. and others, respecting the proposed Rainbow Gardens Subdivision. 87-70 - A by-law to authorize the execution of an agreement with Hard-Rock Paving Company Ltmlted for Portage Road slope restoration. - 14 - 87-71 - A by-law to authorize an agreement with 687876 Ontario Limited, and others, amending the subdivision agreement for the Drumming Park Village Plan of Subdivision, being Registered Plan M-77. No. 87-72 - A by-law to authorize the sale of Block "C" according to Registered Plan N.S. 2 for the City of Niagara Falls to Walker Diggon Investments Limited. No, 87-73 - A by-law to provide monies for general purposes. No, 87-74 - A by-law to designate certain land not to be subject to part lot control. The motion Carried with Alderman Coville voting contrary on By-law No. 87-68; Aldermen Harrington, Hinsperger and Hopkins abstaining from the vote on By-law No. 87-73 on conflicts of interest previously recorded; Alderman Puttick voting contrary on By-law No. 87-73 as previously recorded; and all others voting in favour. NEW BUSINESS ITEMS OF CONCERN: Petttton/Baabt Subdivision - His Worship Mayor Smeaton referred to a handout petition from Nelly Bobro, 6215 Delta Drive, on behalf of the Ratepayers Association of Bambi Subdivision, which expresses opposition to a recently advertised non-profit townhouse project proposed for the Montrose and Graham Street area. ORDERED on the motion of Alderman Harrington, seconded by Alderman Cummings, that the petition be referred to Staff for investigation and a report in two weeks. Carried Unanimously. Adult Entertainment/Lincoln Arms Tavern - In response to an enquiry with respect to adult entertainment at the Lincoln Arms Tavern, the Chief Administrative Officer advised that the matter is under consideration. City Float - Alderman Harrlngton initiated a discussion regarding the City Float, and volunteered to assist in preparing the Float for use in upcoming Blossom Festival parade. ORDERED on the motion of Alderman Harrington, seconded by Alderman Campbell, that the Float be used in the parade. The motion Carried with the following vote: ' AYE: Aldermen Baker, Campbell, Coville, Cummings, Harrington, Hinsperger, Hopkins, Janvary, Pay, and Puttick. NAYE: Alderman Cheesman. Ontario Good Roads Association/Money For Roads - Alderman Hopkins referred to a handout communication from the Ontario Good Roads Association requesting the support of Council of increased fundlng for roads. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Harrington, that the resolution be endorsed and forwarded to the Treasurer, Premier of Ontario, and the Honourable Vince Kerrio, Minister of Natural Resources and Energy. Carfled Unanimously. PeterborouSh/Slte Value Assesssent Co~tttee - Alderman Hopkins referred to the Information for Council communication from the Site Value Assessment Committee in Peterboroughs Ontario, requesting support of a pilot study. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Coville, that Council support the study. The motion was Defeated with the following vote:, AYE: Aldermen Coville and Hopkins. NAYE: Aldermen Baker, Campbell, Cheesman, Cummings, Harrington, Hinsperger, Janvary, Pay, and Puttick. ORDERED on the motion of Alderman Puttick, seconded by Alderman Harrington, that the communication be referred to the Finance Committee for consideration and a report to Council. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cummings, Harrington, Hinsperger, and Puttick. NAYE: Aldermen Cheesman, Coville, Hopkins, Janvary, and Pay. ITFa4S OF INTEREST: Alderman Janvary discussed the following items of interest: 1) Local Government Week - publicity for the event; 2) Citizenship Week - attendance at the 40th Anniversary of Citizenship Court at Brock University, and advised that the City of Niagara Falls would be doing something for Citizenship on Canada Day. 3) Mayor's Prayer Breakfast - Wednesday, April 15, 1987, Brock Sheraton Hotel. 4) SwtrA-Thon - Mayor Smeaton participatad in the recent Boys' & Girls' Club Swim-A-Thon. It was moved by Alderman Puttick, seconded by Alderman Cheesman, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED/~ MAYOR S. SMEATON SIXTEENTH MEETING SPECIAL MEETING Council Chambers April 21, 1987 Council met on Tuesday, April 21st, 1987 at 4:00 p.m. for the purpose of considering general business. All members of Council were present with the exception of Aldermen Campbell, Hinsperger, and Pay. His Worship Mayor Smeaton presided as Chairman and offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Chessman, seconded by Alderman Harrington, that the minutes of the meeting held on Tuesday, April 7th, 1987, be adopted as amended. Carried Unanimously. COMMUNICATIONS No. 135 - Cupolo"s Sports - Dire Straits Slo-Pitch Club - Re: Special Occasion Permit - May 8, 9, and 10, 1987, to be held at Houck Park. The communication requests a Special Occasion Permit for the event. ~ ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the request of the Dire Straits Slo-Pitch Club for a special occasion permit for a tournament to be held at Houck Park on May 8, 9, and 10, 1987, be granted subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Health Services Department, and the Liquor Licensing Board of Ontario. Carried Unanimously. REPORTS 1~4-87-77 - Chief Administrative Officer - Re: Landfill Compactor. The report recommends that Crothers the Caterpillar Dealer in this area be authorized to repair our Landfill Compactor at a cost not to exceed $60,000.00. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. M~-87-79 - Chief Administrative Officer - Re: City Float. The report recommends the following: 1) Because of its present condition, the City Float not be entered into parades during 1987. 2) That a policy relative to the ~se of a City Float as outlined below be adopted by Council. A general discussion was held respecting the entering of the City Float in various parades. Alderman Harrington suggested that, as a matter of pride, the City of Niagara Falls should have a Float, and Alderman Cheesman questioned as to whether monies should be provided in the 1987 or 1988 Budget. The Chief Administrative Officer had indicated that funds could be placed in the 1988 Budget early enough in the year to provide time for Staff to construct a Float. In answer to a question by Alderman Puttick as to the total financial requirement, Mr. H.A. Lamb, Maintenance and Operations Engineer, indicated that $10,000.00 should be sufficient. Alderman Cummings indicated that the Niagara Promotion Association and N.R.T.A. are not interested in sponsoring the Float, and suggested that we advertise for groups such as high schools who would be interested in sponsorship. Alderman Baker wondered if we could enter the Float in other 1987 parades even though it would be impossihle to have it ready for the Blossom Festival Parade. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the recommendations contained in the report be adopted and that the matter be referred to the Finance Committee for consideration for 1988. Carried Unanimously. ~-87-80 - Chief Administrative Officer - Re: Portage Road Pedestrian Bridge Restoration. The report recommends that the matter be received and filed. Mr. Larry Oates, Director of Municipal Works, advised that two tenders had been received, one from Hard Rock Paving Company Ltd. (Port Colborne) for $139,747.00, and the other from Petries Contracting Ltd. (Niagara Falls) for $195,511.00. He indicated that both bids were higher than the estimate of $120,000.00, and suggested that no action be taken at this meeting and that a further report would be presented for Council's consideration at the meeting to be held on Monday, April 27, 1987. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and filed. Carried Unanimously. R-87-14 - Recreation Commission - Re: Parks and Athletic Fields Schedule. The report recommends that the schedules for Special Events and regular use of Parks, Athletic Fields, and School Grounds be approved by Council. Alderman Cummings expressed concern respecting the condition last year of Ker Park, especially the infield and the need for new fencing. Mr. John MacDonald, Deputy Director of Parks and Recreation, advised that a new fence had been installed and that some topsoil had been removed and was going to be replaced with better material. He also stated that the Recreation Commission had budgeted for an extra maintenance man for the 1987 season. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the recommendation contained in the report be adopted. Carried Unanimously. NEW BUSINESS ITEMS OF CONCERN Status of Court House - Mayor Smeaton advised Council that he and Mr. J.L. Collinson, Chief Administrative Officer, had met with the Honourable Ian Scott, Ontario Solicitor General, on Thursday, April 16th, 1987 respecting the Court House. The Mayor expressed concern about the condition of the Court House respecting Safety, etc., and also safety in the Court facilities used at City Hall. He indicated that the Solicitor General was also concerned, but at this point, was non-committal. Mayor Smeaton indicated that he was drafting a letter to the Province expressing Council~s concerns respecting a new Court House and safety conditions at the existing Court and Council Chambers. Canadian Labour Congress/Day of Mourning _ Mr. J.L. Collinson, Chief Administrative Officer, reminded Council that they had proclaimed Tuesday, April 28th, 1987, as an official Day of Mourning requested by the Canadian Labour Congress for persons killed in the workplace. He stated that they had also requested that flags be flown at half mast on that day. Alderman Cummings indicated that because the request would be made only once a year, be would have no objection. Members of Council expressed no objection to the lowering of the flag in front of the Court House for the one day. It was moved by Alderman Coville, seconded by Alderman Baker, that the meeting adjourn to Commitee of the Whole. Carried Unanimously.. READ AND ADOPTED, COMMITTEE OF THE WHOLE Council Chambers April 21, 1987 Council met on Tuesday, April 21st, 1987 at 4:40 p.m. in Committee of the Whole following a special meeting. All members of Council with the exception of Alderman Campbell and Alderman Pay were present. His Worship Mayor Smeaton presided as Chairman. Following consideration of the matters discussed in Committee of the Whole, Council arose without reporting. READ AND ADOPTED, BRENNAN CLERK WI LLL SMEATON COUNCIL MEETING Council Chambers April 21, 1987 Council reconvened in formal session on Tuesday, April 21st, 1987, at 5:00 [.m. following s meeting in Committee of the Whole. All members of Council, with the exception of Aldermen Campbell and Pay, were present. His Worship Mayor Smeaton presided as Chairman. The meeting adjourned. READ AND ADOPTED, MEVENTEENTH }~ETING COMMITTEE OF THE WHOLE Committee Room # 1 April 27, 1987 Council met on Monday, April 27th, 1987 at 6:30 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Orr, were present. Alderman Janvary presided as Chairman. Following consideration of arose to report in open sessi, ~sented, the Committee of the Whole READ AND ADOPTED% REG! 'ING MAYOR WIL S. SMEATON Council Chambers April 27, 1987 Council met on Monday, April 27th, 1987 at 7:30 p.m. for the purpose of considering general business. All members of Council, with the exception of Alderman Orr, were present. Nis Worship Mayor Smeaton presided as Chairman. Alderman Coville offered the Opening Prayer. ADOPTION OF MINUTES Alderman Janvary advised that under New Business, in the minutes dated April 13th, 1987, she had attended the 40th Anniversary of Citizenship Court. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the amended minutes of the meeting held April 13th, 1987, be adopted, and the minutes of the Special Meeting held April 21st, 1987, be adopted as printed. Carried Unanimously. PRESENTATIONS (~NTBAL VETERANS CO~ql'r£ME - Miss Barbara G. Scott, Deputy City Clerk, was honoured with the presentation of a Certificate of Recognition, and a bouquet of roses, by Comrades Les Blackburn, Russ Stewart, and Bill Diamond, and a colour Guard of Honour on behalf of the Central Veterans Committee, in recognition of services rendered with respect to the Remembrance Day Services. The Deputy Clerk was congratulated by His Worship Mayor Smeaton, and the Chief Administrative Officer. TWINNING CEREMONY - FP~CB - His Worship Mayor Smeaton referred to the delegation of Alderman Cheesman, Fire Chief Dave Kemp, Platoon Chief Roy Hanlin, Communications Officer Jim Deline, Firefighters from the City of Niagara Falls, and their families who had recently visited Hyeres, France, and participated in a Twinning Ceremony with that City. Fire Chief Kemp discussed the warm hospitality received by the delegation in London, England, Paris and Hyeres, France; reviewed a videotape presentation of the Official Ceremony in Hyeres, France, and demonstrated headgear worn by Firemen there. Alderman Cheesman presented flags, the Key to the City of liyeres, a book entitled "Ilee D'Hyeres", and other gifts to Mayor Smeaton, on behalf of the City of Hyeres. He also presented copies of newspapere from France which had included the Twtnning Geremony. . · · 2 - 2- DEPUTATION HAZARDOUS WASTE SITE - Mr. John Dykstra, R.R. #1, St. Anna', Ontario, reviewed written submission on behalf of a group of concerned citizens who are opposing the O.W.M.C. placement of a hazardous waste site in the Municipality of West Lincoln. Mr. Dykstra asked Council to support their submission, and participate in a bus trip to Queen's Park during Environment Week in June 1987. ORDERED on the motion of Alderman Coville, seconded by Alderman Cheesman, that Council support the group in asking the Ontario Government to "fully implement Reduction, Recovery, Re-use, Recycle and further their studies of on-site portable treatment, and other technologies. It was further recommended that members of Council join the bus trip to Queen's Park if possible. The motion Carried with the following vote: AY~:/~Ald~fi:~aker, Campbell, Cheesman, Coville, Cummings, Harrington, Hinsperger, Hopkins, Janvary, and Pay. NAYE: Alderman Puttick. NIAGARA FALLS FAMILY Y.H,C.A. - Con~unication No. 136 - Niagara Falls Family Y.M.C.A. - Re: Proclamation. The communication asks Council to proclaim the month of May 1987, as 'Y.M.C.A. Month". Mr. Tom Buchanan, Executive Director of the Y.M.C.A., reviewed the communication, requested approval of the proclamation, and expressed apprecia- tion to Council for its support in the past. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that the communication be received and the request approved subject to established policy. Carried Unanimously. UNFINISHED BUSINESS REGIONAL POLICY PLAN P,~VIEW- CONSIDERATION OF SEVERANCE POLICIES - Report No. PD-87-52 - Chief Administrative Officer - Re: Regional Policy Plan Review, Consideration of Severance Policies. The report recommends the following: 1) That Council adopt Planning Department Report PD-87-45 dated 1987 04 13, attached hereto, as amended by the inclusion of "a review and confirmation of the Regionts position regarding severances in Good General Agricultural areas"; 2) That Regional Niagara be advised accordingly. Mr. ltarry Yochim, R.R. #1, Welland (Misener Road), presented a petition signed by 185 residents of Willoughby and Crowland Townships, to determine property rights to sever land. He requested that a meeting be scheduled between Staff, and rural taxpayers to consider the matter of land severances. ORDERED on the motion of Alderman Coville, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimously. FLOODING -MR, H, YOCltlM'SRKSID~NCK, MISENER ROAD- NW-87-81 - Chief Administrative Officer - Re: Flooding - Mr. H. Yochim's Residence on Misener Road. The report recommends the following: 1) That a 65" x 40" pipe arch culvert be installed on Misener Road north of Ridge Road (beside the existing box culvert) at an estimated cost of $12,500.00; 2) That possible improvements to the watercourse in the vicinity of Misener Road culvert located Just to the south of Mr. Yochim's home be considered further at the time that a detailed review of all drainage problems along Tee Creek are undertaken· ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Coville, that the report be received aud adopted, Carried Unanimously. -3- TAX COLLECTION PROCEDURES - F-87-21 - Chief Administrative Officer - Re: Collection of Tax Arrears - Maple Leaf Village Investments Inc. (M.L.V.I.I.) & Review of Collection Proced- ures. The report recommends that the Council review the procedure in an endeavour to alleviate any concerns in this matter. (The report was received and filed on April 7th, 1987). Alderman Hopkins declared a conflict of interest with respect to Maple Leaf Village Investments Inc., because a member of his family is employed with the company; but stated that he did not have a conflict of interest with respect to the tax collection procedure of the City. During the discussion, Alderman Pay expressed appreciation for the reintroduction of the matter, advised that his concerns were with the "overall tax arrears and not Maple Leaf Village", and further, that many of his concerns had been addressed. The Treasurer explained a previous procedure of reporting the tax arrears in Committee of the Whole. ORDERED on the motion of Alderman Pay, seconded by Alderman Campbell, that approval be granted for the following revisions to the tax procedure policy: 1) Report to Council (in camera) respecting list of properties subject to registration - total list/partial list over a stated dollar amount/not indicating owners' names.(See amendment/Adoption of Minutes May 4, 1987). 2) Over a stated dollar amount all arrangements, prior to finalization, may be reported to and agreed upon by Council prior to finalization with taxpayer. This is in respect to properties subject to registration. 3) 4) All arrangements for payment to be made in writing and agreed to by taxpayer. Actions to be taken by the City should the arrangement not be kept should be indicated, e.g., N.S.F. cheque, late payment, etc. The procedure be reviewed annually, and the Treasurer submit comments for additional revisions at that time. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Coville, Cummings, Herrington, Hinsperger, Hopkins, Janvary, and Pay. NAYE: Alderman Puttick. COMMUNICATIONS No. 137 - Regional Niagara Office of the Clerk - Re: Waste Management Master Plan Draft Report - Stage 3, Public Participation Update. The communica- tion attaches the aforementioned report. ORDERED on the motion of Alderman Coville, seconded by Alderman Campbell, that the communication be referred to Staff. Carried Unanimously. No. 138 - Maple Leaf Village - Re: Bender Hill at Grade Crossing. The communication requests the support of Council in re-opening of the Conrail tracks crossing on Bender HIll. Alderman Hopkins declared a conflict of interest because a member of his family ts employed by the company. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the communication be referred to Staff for a report. The motion Carried with Alderman Hopkins abstaining from the vote on a conflict of interest previously recorded~ and with all others voting in favour. No. 139 - Niagara Falls Men's Fastball League - Re: Annual Tourney - July 16 - 19~ 1987. The communication requests a Special Occasion Permit for the event, -4- ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the request of the Niagara Falls Men's Fastball League for a special occasion permit for its Annual Tournament to be held at Ker Park, Niagara Falls, on 3uly 16th to 19th, 1987 be granted, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Health Services Department, and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 140 - Den Somerville - Re: Niagara Falls Cataracts & Kelly's Place Oldtimers' Neekey Club 7th Annual Slo-Pttch Tournament - July 17 - 19, 1987, Niagara South Complex. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Aldermsn Cummfmgs, seconded by Alderman Hinsperger, that the request of the NIagara Falls Cataracts and Kelly's Place Oldtimers' Hockey Clubs for a special occasion permit for their 7th Annual Slo-Pitch Tournament to be held at Niagara South Arena, Chippawn, on July 17th, lath, and 19th, 1987 be granted subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Health Services Depart- meats and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 141 - Niagara Falls Imax~1~_atre - Re: Grand Opening - May I, 1987 - 6170 Buchanan Avenue. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Uinsperger, that the request of Cinema Group Incorporated for a special occasion permit for its Grand Opening, to be held at the Niagara Falls Imax Theatre, Niagara Fsllss on May 1st, 1987, 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. 142 - Niagara South Board of Education - Re: Loss of Revenue resulting from extension of funding to Roman Catholic secondary schools. The communica- tion attaches copies of letters to the Minister of Natural Resources, and responds to Council's communication regarding busing of students. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the communication be received and filed. The motion Carried with the following vote: AYE: Aldermen Campbell, Chessman, Coville, Cummings, Herrington, Hinsperger, Pay, and Puttick. NAYE: Aldermen Baker, Hopkins, and Janvary. No. 143 - St, John Ambulance Brigade - Re: 50th Anniversary - May 24th, 1987. The communication requests a Parade Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by AldermanHtnsperger, that the request be approved. Carried Unanimously. REPORTS (I)-87-29 - Chief Administrative Officer - Re: Proposed Plan of Subdivision "Ascot Woods Extension 3A and 3B"- File Number: 26T-87006. Owners: Ascot Woods Ltd.; Mr. Brian N. Sinclair~ President. The report recommends that the City Clerk be authorized to process the application for the "Ascot Woods Extensions 3A and 3B" Subdivision, and that a report be prepared for Counctl's further consideration of this plan based on technical information receiveds public input, etc. Alderman Janvary pointed out that the record indicates to persons wishing to buy in that area, that industries have already been established in the area. Mr. Sinclair, Solicitor for the applicant, was in attendance. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Chessman, that the report be received end adopted· Carried Unanimously. 5 PD-87-50 - Environmental Planning Committee - Re: Expansion of the CECOS Hazardous Waste Landfill Site. The report recommends that, as an expression of mutual concern with the Council of Niagara Falls, New York, a resolution to oppose the expansion of the CECOS hazardous waste landfill be adopted by Council and forwarded to the City of Niagara Falls, New York. ORDERED on the motion of Alderman Cummings, seconded by Alderman Covitle, that the report be received and adopted. Carried Unanimously. Resolution No. 36. PD-87--51 - Environmental Planning Comm{ttee - Re: Proposed Environment Week Activities. The report reconnnends the following: 1) That Council endorse the City sponsored events as identified by the Committee; 2) That the attached letter regarding proposed Environment Week activities be sent to area schools; and 3) That Staff be directed to explore the feasibility of other activities as listed in this report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger that the report be received and adopted. Carried Unanimously. P~-87-54 - Chief Ad~nistrative Officer - Re: Bambi Subdivision Residents' Concerns regarding Rainbow Gardens Multi-Family Proposal. The report recommends the following: 1) That this report be received and filed for Council's information; 2) That Council request the developers to meet with the ratepayers to acquaint them with the proposal. Mrs. Nelly Bobre, 6215 Delta Drive, addressed Council on behalf of the Ratepayers Association of Bambi Subdivision. She reviewed a written submission which included the following concerns: lack of adequate schools; lack of parkland for the area, and children playing on the streets; the development of Graham Street to ease traffic congestion; and the devetoper's conditional offer to purchase the land with 100% financial assistance from the Canada Mortgage and Housing Corporation, being subject to 100% of the townhouse units being made available to low income families. Mrs. Bobre asked Council to consider the concerns of the citizens, and to approve the participation of delegates from Bambi Subdivision being involved in the site plan control respecting the subject property; and further, in writing to the Ministry of Housing to express the City's concerns. The Senior Planner advised that unsuccessful attempts had been made to contact Mr. George Wheeler at C.M.HoC. in Hamilton with respect to the applica- tion from the developer; discussed the parcel of land in the Bambi subdivision which is being directed for park purposes; and stated that it was understood ~hat 57 of the townhouse units were for geared-to-income occupancy. There was a lengthy discussion regarding parklands for the area. The Recreation Director stated that this was the responsibility of the Municipality, and was considered as a high priority on the list for parks. He explained that the delay was caused By soil having been dumped on the future parkland by the previous owner, and discussed the preparation of land as well as apparatus and funding for park purposes. Alderman Cummings asked that the soil be removed as quickly as possible. A discussion followed regarding the desirability of having a maximum 40% geared to income occupancy rate in the proposed townhouse. Mr. Nicolo Scibetta, Business Agent, Labourers' International Union of North America, Local 837, advised that he was the local representative of the Board of Directors. He advised that he would be discussing the concerns regarding the 100% geared to income occupancy with his Board of Directors. ' -6 - ORDERED on the motion of Alderman Harrtngton, seconded by Alderman Cummings, that the report be received, and a letter be forwarded to C.M.H.C., and the Ministry of Housing expressing the concerns raised regarding the lack of schools in the area, 100% geared to income occupancy of the townhouse, suggest that an appropriate mix be considered, and advise that there is a 40% low income occupancy precedent in this community. It was further recommended that representatives of the Bambi subdivision have the opportunity to participate in the site plan discussions- Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the matter of the development of Graham Street, and the preparation of parklands be referred to Staff to investigate and report to Council next week. Carried Unanimously. P1)-87-55 - Chief Administrative Officer - Re: Queen Street Building Facade Improvement Study. The report recommends the following: 1) That Council endorse the Downtown Board of Management's initiative to promote building renovation and facade improvements in the downtown core through the undertaking of a Queen Street Building Facade Improvement Study; 2) 3) That the terms of reference for said study, as attached hereto, be adopted; That the Resolution listed on the agenda, requesting 50% funding under the Province's Community Planning Grant Program, be forwarded to the Minister of Municipal Affairs for approval, with the balance to be paid for by the Downtown B.I.A.; 4) That the Council of the Regional Municipality of Niagara be requested to support the Municipality's application for funding. - AND - Co~suntcation No. 144 - DowntokrnNfagara Falls - Re: Facade Study. The communication advises that the Downtown Board of Management have designated funds for the study in the 1987 budget, that the study would be financed by the Downtown Board of Management and a grant from the Provincial Government at no cost to the Municipality; and requesting Council's support of the project. ORDERED on the motion of Alderman Pay, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. See Resolution No. 30. Pi)-87-56 - Chief Administrative Officer - Re: Official Plan Amendment No. 157, Zoning Amendment AM-37-86, Canadia Niagara Falls Limited, Dorchester Road Determination of Need for Further Public Notice. The report recommends the following: I) 2) That Council, prior to the passing of the amending by-law for Canadia Limited, determine by Resolution, in accordance with Section 34(16) of the Planning Act 1983, that the changes to the proposed by-laws will not require the giving of any further notice; That Council enact the amending by-laws listed on the 1987 04 27 agenda respecting this application (AM-37/86), pursuant to the provisions of the Planning Act. Alderman Cummings declared a conflict of interest because he is employed in the area. ORDERED on the motion of Alderman Pay, seconded by Alderman Janvary, that tile report be received and adopted. Ti~e motion Carried with Alderman Cummings abstaining from the vote on .a conflict of interest previously recorded; and with the following vote: AYE~ Aldermen Baker, Campbell, Cheesman, Hinsperger, Hopkins, Janvary, Pay, and Puttick. NAYE~ Aldermen Coville and Harrington. See Resolution No. 31. See By-law Nos. 87-78, 87-79, 87-80 and 87-81. R-87-16 - Chief Administrative Officer - Re: Additional Foreman - Parks and Recreation. The report recommends that one additional Foreman be hired in the Parks and Recreation Department. Following a discussion regarding possible additions to the Staff complement and levels of service, it was moved by Alderman Puttick, seconded by Alderman Cummings, that the report be tabled for further information. The motion was Defeated with the following vote: AYE: Aldermen Cummings, and Puttick. NAYE: Aldermen Baker, Campbell, Cheesman, Coville, Harrington, Hinsperger, Hopkins, Janvary, and Pay. ORDERED on the motion of Alderman Janvary, seconded by Alderman Pay, that the report he received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Coville, Harrington, Hinsperger, Hopkins, Janvary, and Pay. NAYE: Aldermen Cummings, and Puttick. B-87-27 - Chief Administrative Officer - Re: Micro-computer System for Buildings & Inspections Department. (Handout Report approved by the Finance Committee). The Report recommends that Council authorize an application to the Ministry of Housing for a matching grant not exceeding $10,000.00, for the purchase of a micro-computer and software for the Buildings and Inspections Department. ORDERED on the motion of Alderman Cheeaman, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously~ See Resolution No. 32. B-87-29 - Chief Adm~nistrative Officer - Re: The Building & Inspections Department Report for March 1987. The report provides information regarding Permits Issued and Highlights for ~rch 1987, as well as April proposals. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Janvary, that the report be received and filed. Carried Unanimously. B-87-30 - Chief Administrative Officer - Re: Property Standards By-law 74-204, 398767 Ontario Limited, 7047 Reixinger Road. The report recommends, under clause (a) of sub-section 7.10.4 of By-law No. 74-204, that the Corpora- tion retain a wrecking contractor to forthwith complete the work which 398767 Ontario Limited was directed to carry out under the Order given March 20, 1987, 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 Pay, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimouslyl B-87-31 - Chief Administrative Officer - Re: Property Standards By-law 74-204, Mr. M. RaosavlJevich, 6444 Ash Street. The report recommends that under clause (a) of sub-section 7.10.4 of By-law No. 74-204, that the Corporation retain a disposal service to forthwith complete the work which Mr. RaosavlJevich was directed to carry out under the Order given July 7, 1986, 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. The Chief Administrative Officer advised that this report was being withdrawn from the Agenda. B-87-34 - Chief Administrative Officer - Re: Low Rise Rehabilitation Program· The report recommends that City Council pass the attached resolution which authorizes the Municipality to apply for additional allocation of funds to upgrade rental units in order to extend the City~s participation in this program· -8- Alderman Campbell declared a conflict of interest because a member of his family has an interest in the property. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, 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 all others voting in favour. See Resolution No. 33. NW-87-82 - Xunicipal Parking & Traffic Committee - Re: Parking Lot Directional Sign on Falls Avenue, Near the Corner of Falls Avenue and Clifton Hill. The report recommends that the existing City of Niagara Falls standard parking lot directional sign facing southbound traffic on Falls Avenue, just to the north of the intersection of Falls Avenue and Clifton Hill be removed, and that this sign be replaced by a parking lot directional sign of the same colour selection and displaying the same directional message as the present sign with the words "Clifton Hill" added to signify that the purpose of the sign is to direct vehicles to the Clifton Hill parking lot. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. Verbal Report - Municipal Parking & Traffic Committee - Re: "Theme Signing" for Various Areas of the City. Alderman Cummings reported that the matter of theme signing for various areas of the City had been considered by the Municipal Parking & Traffic Committee in conjunction with representatives from business districts. Following a brief discussion, it was moved by Alderman Cummings, seconded by Alderman Hinsperger, that the matter be referred to Staff to investigate Provincial grants and the possibility of hiring a summer student to study the item, The motion Carried with the following vote: AYE: Aldermen Campbell, Coville, Cummings, Harrington, Hinsperger, Janvary, Pay, and Puttick. NAYE: Aldermen Baker, Cheesman, and Hopkins. F-87-27 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $2,494,367.95 for the period ending April 27th, 1987 be approved by the passing of the by-law appearing later on the ageads. Alderman Cheesman declared a conflict of interest on Cheque No. 23770 because his wife is employed by the Board. Alderman Cummings declared a conflict of interest on Cheque No. 23718 because a member of his family is involved in the program. Alderman Harrington declared a conflict of interest on Cheque No. 23814 because his wife is Past President of the organization. Alderman Hinsperger declared a conflict of interest on Cheque Nos. 23694, 23823 and 23824 because he is employed with the company. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Baker, that the report be received and adopted. The motion Carried with Aldermen Cheesman, Cummings, Narrington and Hinsperger abstainYng from the vote on Cheque No8. 23770, 23718, 23814, 23694, 23823 and 23824 consecutively, on conflicts of interest previously recorded; and with all others voting in layout.- $-87-05 - Chief Administrative Offlcer - Re: Town of Niagara-on-the-Lake and Maintenance of the Four Mile Creek. The report recommends that the amount assessed against the lands and roads in the City of Niagara Falls for the cost of the maintenance work on the Four Mile Creek drain undertaken by the Town of Niagara-on-the-Lake pursuant to the drainage Act be levied and collected by the City as follows: (a) That assessments of $50.00 or less be paid in the first year in which the assessment is imposed by the City, and (b) That assessments of more than $50.00 be paid in two annual instalments together with interest at the prime rate on the unpaid balance. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. S-87-06 - Chief Administrative Officer - Re: Closing and Sale of Part of Swayze Drive to 642217 Ontario Limited. The report recommends that Council pass the by-law appearing on tonight's agenda to authorize the stopping up and closing and sale of part of Swayze Drive to 642217 Ontario Limited, after first hearing any person who claims that his land will be prejudicially affected by the by-law and who applies to be heard. There was a negative response to Mayor Smeaton's request for comments from interested persons. Alderman Pay declared a conflict of interest because he owns property in the area. ORDERED on the motion of Alderman Baker, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Alderman Pay abstaining from the vote on a conflict of interest previously recorded; and with all others voting in favour. See By-law No. 87-76. S-87-07 - Chief Administrative Officer - Re: Closing and Sale of Part of Highland Avenue, north of Frederica Street, Registered Plan 44, Stamford. The report recommends that Council pass the by-law appearing on tonight's agenda to authorize the stopping up and closing and sale of parts of Highland Avenue to the abutting owners, after first hearing any person who claims that his land will be prejudicially affected by the by-law, and who applies to be heard. There was a negative response to Mayor Smeaton's request for comments from interested persons. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. See By-law No. 87-77. CI)-87-28 - Chief Adndnistrative 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 Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. C-87-08 - Chief Administrative Officer - Re: Participation in Conferences, Conventions and Seminars, 1987. (Report approved by Finance Committee earlier today). The report recommends that Council approve the attached schedule relating to the participation in conferences, conventions and seminars for the current year. The schedule in the amount of $29,735.00 will cover the partici- pation of members of Council, representatives of the Recreation Commission, Committee of Adjustment and Municipal Staff. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. C-87-09 - Chief Administrative Officer - Re: Non-Union Salaries and Benefits for 1987. (Report approved by Committee of the Whole earlier today). The report recommends that City Council authorize a 4.5% salary increase for non-union employees and that By-law 87-35 be amended to include benefit changes as set out in this report. (Salary adjustment to be effective January 1, 1987). ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Coville, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Coville, Hinsperger, Hopkins, Janvary, and Pay. NAYE: Aldermen Cummings, Harrington, and Puttick. RESOLUTIONS No. 30 - CMEBSHAN - PAY - RESOLVED that ~THEREAS grants are available through the Ministry of Municipal Affairs' Community Planning Grant Program; AND WHEREAS the Municipality and the Downtown Board of Management are desirous of participating in said program for the purpose of undertaking a Facade Improvement Study; AND WHEREAS the Council is satisfied with the terms of reference for the proposed undertaking; BE IT RESOLVED that the City of Niagara Falls request funding assistance from the Ministry of Municipal Affairs, under the Community Planning Grant Program, to undertake a Queen Street Building Facade Improvement Study at an estimated cost of $40,000.00, of which the Province will pay 50% of the cost; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 31 - CBEES~[4/{ - J~IVARY - RESOLVED that this Council does determine, in accordance with the provisions of the Planning Act, 1983, that the changes to the proposed Zoning By-law A~nendment (AM-37/86 - Canadia, Niagara Falls Ltd., east side of Dorchester Road), for the Niagara Falls Planning Area, do not require giving any further notice; AND the Seal of the Corporation be hereto affixed. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded; Aldermen Coville and Harrington voting contrary; and all others voting in favour. No. 32 - Clt~ESH~.N - PAY - RESOLVED that WHEREAS the Ontario Ministry of Housing has developed a program whereby they will provide a grant of up to fifty percent of eligible costs with a maximum award of $10,000.00 for innovative projects for Building Departments; and WHEREAS the Building Department of the City of Niagara Falls has developed a proposal for consideration by the Ministry of Housing WHEREIN building permits and the subsequent inspections will be processed through a micro-computer; THEREFORE the City of Niagara Falls hereby makes application for a grant to purchase a micro-computer and necessary software having a maximum cost of $20,000.O0 of which the City will pay fifty percent; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 33 - CtT~INGg - PAY - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby authorizes the City Clerk to apply to the Ministry of Housing for additional allocation of rental units for the parpose of making loans to owners of rental property to assist in the repair, rehabilita- tion and improvement of rental units pursuant to The Housing Development Act and the regulations and subject to the limitation thereof; AND BE IT RESOLVED that the Corporation of the City of Niagara Falls hereby agrees to comply with The Housing Development Act and the regulations thereunder in the administration of the Ontario Low Rise Rehabilitation Program; ~qD the Seal of the Corporation be hereto affixed. The motion Carried with Alderman Campbell abstaining from the vote on a nonflirt of interest previously recorded; and all others voting in favour. No. 34 - J~iV~JY - CI~INCS - RESOLVED that a message of condolence be forwarded to the family of the late Dr. Harriett, Orr, D.C., a well known and respected citizen; and grandmother of Alderman Judy 0rr; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. - 11 - No. 35 - COVILLE - I~IN~TON - RESOLVED that a message of condolence be forwarded to the family of the late Mr. Archie T. Warner, a highly respected citizen; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 36 - CU~IN~S - {3OVILLE - RESOLVED that the City of Niagara Falls, Canada, approve the following Resolution of the Council of the City of Niagara Falls, New York: WHEREAS Browning-Ferris Industries operates a waste facility known as CECOS which is located within the County of Niagara New York; and WHEREAS there are possibilities of the expansion leading to further contamina- tion of the Niagara River; and WHEREAS The City of Niagara Falls, New York Council has deemed any further expansion at the Brownfng-Ferris site to be improper and contrary to the welfare of the residents of its City; and WHEREAS the Council of the City of Niagara Falls, New York has stated its opposition to any further expansion at said facility, whether by State permit or otherwise; NOW THEREFORE BE IT RESOLVED that it is the stated position of this Council that it is in opposition to any further expansion at the Browning-Ferrts (CECOS) facility; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Chessman, seconded by Alderman Janvary, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 87-75 - A by-law to amend By-law No. 3790, being a By-law for the regulation of traffic.(Crysler Avenue). No. 87-76 - A by-law to stop up and close and to authorize the sale and conveyance of part of Swayze Drive. No. 87-77 - A by-law to atop up and close and to authorize the sale and conveyance of parts of Highland Avenue. No, 87-78 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (OPA 157, Canadia). 87-79 - A by-law to amend By-law No. 79-200, as amended.(AM-37/86, Canadia Niagara Falls Ltd., Apartment Building). No. 87-80 - A by-law to amend By-law No. 79-200, as amended. (AM-37/86, Canedie Niagara Falls Ltd., Part of Junkin Ave.(closed) and land abutting south limit of Plan 59M-110). No. 87-81 - A by-law to amend By-law No. 79-200, as amended. (AM-37/86, Canadia Niagara Falls Ltd., Townhouse development). No. 87-82 - A by-law to provide monies for general purposes. The motion Carried with Alderman Pay abstaining from the vote on By-law No. 87-76 on a conf"~t of interest previously recorded in Report No. S-87-06; Alderman Cummings abstaining from the vote on By-law Nos. 87-78, 87-79, 87-80, and 87-81, on a conflict of interest previously recorded in Report No. PD-87-56; Aldermen Coville and Herrington voting contrary on By-law Nos. 87-78, 87-79, 87-80, and 87-81; Aldermen Cheesman, Cummings, Herrington, and Hinsperger abstaining from the vote on By-law No. 87-82, on conflicts of interest previous- ly recorded fn Report No. F-87-27; and with all others voting in favour. ORDERED on the motion of Alderman Baker, seconded by Alderman Janvary, that the following by-laws be now read a second and third timez - 12 - - 13 - No. 87-75 - A by-law to amend By-law No. 3790, being a By-law for the regulation of traffic.(Crysler Avenue). No. 87-76 - A by-law to stop up and close and to authorize the sale and conveyance of part of Swayze Drive. 87-77 - A by-law to stop up and close and to authorize the sale and conveyance of parts of Highland Avenue. No. 87-78 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (OPA 157, Canadia). No. 87-79 - A by-law to amend By-law No. 79-200, as amended.(AM-37/86, Canadia Niagara Falls Ltd., Apartment Building). NO, 87-80 - A by-law to amend By-law No. 79-200, as amended. (AM-37/86, Canadia Niagara Falls Ltd., Part of Junkin Ave.(closed) and land abutting south limit of Plan 59M-110). No. 87-81 - A by-law to amend By-law No. 79-200, as amended. (AM-37/86, Canadta Niagara Falls Ltd., Townhouse development). No. 87-82 - A by-law to provide monies for general purposes. The motion Carried with Alderman Pay abstaining from the vote on By-law No. 87-76 on a conflict of interest previously recorded; Alderman Cummings abstaining from the vote on By-law Nos. 87-78, 87-79, 87-80, and 87-81, on a conflict of interest previously recorded; Aldermen Coville and Herrington voting contrary on By-law Nee. 87-78, 87-79, 87-80, and 87-817 Aldermen Chessmans Cummings, Herrington, and Hinsperger abstaining from the vote on By-law No. 87-82, on conflicts of interest previously recorded; and with all others voting in favour. NEW BUSINESS ITIM OF ~ONCERN: The Optimist Club - Procla~mtlon - His Worship Mayor Smeaton referred to the handout communication from the Niagara Falls Optimist Club asking Council to proclaim the week of May 3rd to 9th, 1987, as "Respect for Law" week, and referring to the awards dinner on May 5th, 1987. ORDERED on the motion of Alderman Chessman, seconded by Alderman Pay, that the request be approved subject to established policy. Carried Unanimously. llandicapped Parking - Alderman Pay requested information regarding the present status of handicapped parking in the City. Alderman Cummings advised that the matter had been considered by the Municipal Parking & Traffic Committees and further, that Alderman Hinsperger would be attending an upcoming convention at Sault Ste. Marie where the problems concerning handicapped parking could be discussed with people from other Municipalities in an effort to resolve the situation. Mr. Georae Bukator - Hospital - Alderman Janvary suggested that an appropriate communication be forwarded to the former Mayor, Mr. George Bukators who is presently in the Greater Niagara General Hospital. Oakes Park Renovations - Alderman Cummings requested a status report on the renovations to Oakes Park, and referred to the upcoming opening of the baseball season for the Mariners Baseball Club, The Director of Municipal Works advised that it was anticipated the renovations would be completed by May 10th~ 1987. Recycling - Alderman Hopkins referred to the recent fire in the recycling depot at Pelham, and requested information regarding its affect on the City. The Director of Municipal Works advised that the Board of Directors of Niagara Recycling had met earlier today, and further, that a report would be forthcoming at the next meeting of the Municipal Works Committee. ITEM OF INTEREST: Stamford Kiwanis Non-Profit Homes Inc. - His Worship Mayor Smeaton referred to the handout communication from J.S. Walker, Chairman of the Public Relations Committee, Stamford Kiwanis Non-Profit Homes Inc., and invitation to attend the ground breaking ceremonies for "Kiwanis Court" on Friday, May 1st, 1987 at 11:00 a.m. at the corner of Simcoe Street and Bucklay Avenue. Niagara Falls Canucks - Alderman Janvary suggested that a "letter of support and enthusiasm" be forwarded to the Niagara Falls Canucks. Canadian Therapy Award at Niagara Square - Alderman Janvary advised that Wanda McCrackin and her dog would be receiving the Canadian Therapy Award for handicapped citizens at Niagara Square on Friday, May 1st, 19877 that this is the first in Canada; and asked members of Council to be in attendance. His Worship Mayor Smeaton referred to the special training of dogs to assist "severely handicapped people", and the possibility of future legislation being enacted to permit these dogs access to public buildings. It was moved by Alderman Puttick, seconded by Alderman Pay, meeting adjourn. that the READ AND ADOPTED CLERK S. SMEATON EIGHTEENTH MEETING REGULAR MEETING Council Chambers May 4, 1987 Council met on Monday, May 4th, 1987 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. ADOPTION OF MINUTES It was moved by Alderman Pay~ seconded by Alderman Orr, that the minutes of the meeting held April 27th, 1987 - Unfinished Business - Tax Collection Procedures, be corrected to include an amendment to the first revision in the tax procedure policy to read: "Report to Council (in camera) respecting list of properties subject to registration - total list/partial list over $10,000.00 and indicating the owners' names. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Herrington, Hinsperger, Hopkins, Orr, and Pay. NAYE: Aldermen Chessman, Coville, Cummings, Janvary and Puttick. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger that the amended minutes of the meeting held May 4th, 1987, be adopted. Carried Unanimously. ONE MINUTE'S SILENCE- His Worship Mayor Smeaton asked that one minute of silence be observed in honour of the late Mr. George Bukator, former Mayor of the City of Niagara Falls. UNFINISHED BUSINESS N~SMOKING BY-LAW FOR DRUG STORES - Co--unication No. 145A - Mrs, Ruth Klopka - Re: No-Smoking By-law for Drug Stores. The communication requested permission to submit a petition with respect to the subject issue. Mrs. Klopka artended the meeting, and introduced Chrie Caston, a Grade 12 student at A.N. Myer Secondary School. Chris Caston submitted petitions for a no-smoking by-law in drug stores signed by students in A.N. Myer, St. Paul's and Westlane Secondary Schools, and stated that he had received support from Stamford Collegiate and N.F.C.V.I.~ and that additional petitions would be submitted at a later date. Mrs. Klopka discussed the support received from residents and non-residents in many diverse professions and occupations. During her presentation Mrs. Klopka compared the scent of flowers vs smoke. She introduced Mary and Barbara Carlesso of St. Gabriel Lalemant School, who presented two nosegays as an indication of a pleasant scent. His Worship Mayor Smeaton expressed appreciation to Mrs. Klopka and stated that the information would be referred to the May 25th, 1987 Council meeting at which time a report is anticipated from Alderman Chessman on the subject matter. - AND - Co--unication No. 145B - Regional Councillor Sobol - Re: Proposed No-Smoking Regulations. The memo states that Regional Councillor Sobol was unable to attend the Council meeting, and asked that his concerns on the importance of this matter be expressed to Council, and further~ that Council adopt a by-law similar to that of the City of Hamilton's "No Smoking" By-law. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ninsperger, that the information be received and referred to tile May 25th, 1987 meeting for consideration. Carried Unanimously. -2- EXCISE TAX ON AUTOMOTIVE AIR OONDITIONERS - Communication No. 146 - Mr. Rob Nicholsons M.P, - Re: Excise Tax on Automotive Air Conditionera. The communication refers to a letter received from the City of Niagara Falls requesting comments on the subject matter and advises that the Minister of Finance has indicated that the complete tax system is currently undergoing a review. Alderman Puttick declared a conflict of interest because he is employed with an aotomottve firm. ORDERED on the motion of Alderman Cunmaings, seconded by Alderman Orr, that the communication be received and filed. The motion Carried with Alderman Puttick abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. COMMUNICATIONS No. 147 - Regional Niagara Public Works Department - Re: Water/Sewage Flows Monthly Report. The communication attaches Report DEP-2520, Water/Sewage Flows by Municipality, Monthly Report for March 1987. ORDERED on the motion of Alderman Cummings, seconded by Alderman Htnsperger, that the communication be received and filed. Carried Unanimously. No. 148 - Social Planning Council of Niagara Falls - Re: Child and Adolescents Mental Health Care Services in Niagara: A Discussion Paper. The communication attaches comments on the subject matter. Mrs. Selina Volpatti, Vice-President, and Mrs. Julie Darnay, Researcher/Administrator were in attendance to respond to questions raised. Mrs. Volpatti advised that the Social Planning Council is awaiting a complete report on the matter. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. No. 149 - Federation of ~dian Municipalities (FCM) - Re: 1987 Annual Conference. The communication encloses the official Voting Accreditation Form for the Federation's 50th Annual Conference. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that His Worship Mayor Smeaton or his alternative be authorized to attend the Conference. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Chessman, Coville, Cummings, Harrington, Hinsperger, Hopkins, Janvary, Orr, and Pay. NAYE: Alderman Puttick. No. 150 - Indian Defense League of America - Re: AnnualiBorder Crossing Parade. The communication requests a Parade Permit and Police escort for the event to be held on July lath, 1987. It was pointed out that the Recreation Department would be coordinating the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the request be granted subject to the approval of other authorities. Carried Unanimously. No. 151 - Niagara Falls Economic Development Agency - Re: Falls Business Park. The communication asks Council to consider the concept of Staff representatives to discuss various issues related to the subject matter. ORDERED on the motion of Alderman Pay, seconded by Alderman Herrington, that a senior level management Staff team be authorized to meet with the Director of the Economic Development Agency and submit a report to Council with recommenda- tions. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Covilles Herringtons Hinsperger~ Hopkins, Janvary, Orr, Pay~ and Puttick. NAYE| Alderman Cummings. No. 152 - Niagara Teens for Life - Re: Proclamation. The communication asks Council to proclaim the week of May 10th to 16th, 1987 as "Respect for Life Week". - 3 - Miss Nicole Savoie, President of Niagara Teens for Life, and a student at Stamford High School discussed the background and goals of the group. ORDERED on the motion of Alderman Puttick, seconded by Alderman Coville, that the proclamation be approved and costs absorbed by the City. Carried Unanimously. No. 153A - The Corporation of the City of London - Re: Ontario Regulation 100/85, Public Libraries Act. The communication requests comments regarding the effect that the aforementioned legislation will have on curtailing certain user fee charges currently made by many public library boards in Ontario. -AND - No. 153B - Niagara Falls Public Library Board - Re: Regulation 100/85, Public Libraries Act, 1984. The communication advises that the present "regulation is in keeping with the role of the tax-supported public library", and the Board does not support the change. Alderman Cheesman declared a conflict of interest because his wife is employed by the Library Board. Mr. Carman Dix, Chairman, Niagara Falls Public Library Board; Miss Dorothy VanSlyke, Chief Librarian, and Mr. Joe Longo, Librarian, were in attendance- Mr. Dix responded to questions raised regarding the results of the proposal on the local Library system. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the proposal of the City of London not be endorsed. The motion Carried with Alderman Cheesman abstaining from the vote on a conflict of interest previously recorded; and with the following vote: AYE: Aldermen Baker, Campbell, Covllle, Cummings, Harrington, Hinsperger, Pay, and Puttick. NAYE: Aldermen Hopkins, Janvary, and Orr. REPORTS R-87-12 - Chief Adndnistrative Officer - Re: Monthly Public Swimming - Y-M-C.A. The report provides information regarding public swimming during March 1987, and recommends that Council receive and file the information. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. R-87-13 - Chief Administrative Officer - Re: Pro-Way Baseball Camp. The report recommends that the by-law, appearing on tonight's agenda, authorizing the execution of a one year agreement for the use of Oakes Park by the Pro-Way Camp be approved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Chessman, Coville, Cummings, Harrington, Hinsperger, Hopkins, Janvary, Orr, Pay, and Puttick. NAYE: Alderman Campbell. See By-law No. 87-86. CD-87-30 - Chief Administrative Officer - Re: Proposed Plan of Subdivision "Mount Forest - Phase IV", File No. 26T-86037. The report recommends that the Mount Forest, Phase IV Subdivision be given preliminary approval subject to the conditions enumerated in this report, and the Regional Municipality of Niagara be so advised. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. -4- -5- 6D-87-31 - Chief Ada{nistrative Officer - Re: Surplus Municipal Property, Lot No. 127, Registered Plan No. 226, South Side of Hawkins Street. The report recommends that Lot No. 127, Registered Plan No. 226, located on the south side of Hawkins Street, not be disposed of at this time. The Clerk responded to questions raised with respect to the appraisal. During the discussion, the Chief Administrative Officer discussed the procedure for the disposal of available surplus Municipal lands. Alderman Cummings asked that Staff prepare a report to include a list of available Municipal lands, as well as reasons for not offering these for sale, and recommendations for the sale of the properties. ORDERED on the motion of Alderman Coville, seconded by Alderman Pay, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Coville, Cummings, Harrington, Hinsperger, Hopkins, Janvary, Orr, Pay, and Puttick. NAYE: Alderman Cheesman. IIW-87-89 - Chisf Administrative Officer - Re: By-laws to Authorize the Reconstruction and Widening of the Pavement on Doreen Drive and Asphalt Pavement Widenings on Cherrywood Road, Maplewood Avenue, Elmwood Avenue, Nancy Drive, Peach Avenue and Sherwood Road. The report recommends the following: 1) That Council hear any person who claims that his land will be prejudicially affected by the by-laws appearing on tonight's agenda to authorize the above works; and 2) That, subject to there being no valid objections, the by-laws appearing on tonight's agenda be passed by Council. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 87-83, and by-law No. 87-84. CD-87-32 - Chief Administrative Officer - Re: Surplus Municipal Property, Bridge Street Athletic Grounds. The report recommends that Council declare the former Bridge Street Athletic Grounds, located on £he north side of Bridge Street, east of Victoria Avenue, surplus to the needs of the Municipality and authorize Staff to get an Opinion of Value and advertise the property for sale by the tendering process. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Pay, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Coville, Cummings, Harrington, Hinsperger, Hopkins, Orr, Pay, and Puttick. NAYE: Alderman Janvary. S-87-08 (HANDOUT) - Chief ~datntstrative Officer - Re: Application of Ascot Woods Ltd., under the Trustee Act RSO 1980, and the Courts of Justice Act 1984 S.O. The report recommends the following: 1) That the City not object to the above noted application; 2) That the City determine that Lots 70 and 71 on Plan N.S. 39 are no longer required for sedimentation control; and 3) That the City determine that Part 3 on Plan 59R-2989 will no longer be required for secondary access upon the registration of the Ascot Woods Extension 2 Plan of Subdivision. ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. MW-87-88 - Chief Administrative Officer - Re: Bambi Subdivision - Development of Park, AND Opening of Graham Street. The report recommends the following: 1) Development of Park - It is reconmended that Council authorize Staff to develop Bambi Park with the seeding completed this Fall, and the playground equipment installed, ready for use next year. 2) Opening of Graham Street - It is recommended that Graham Street not be opened between Delta Drive and Montrose Road until such time as development on adjacent lands proceeds. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and deferred to the meeting of May 25th, 1987. Carried Unanimously. ]1W-87-90 (HANDOUT) - Municipal Works Committee - Re: The report recommends the following: Committee reports. 1) 14W-87-85, Winter Maintenance Funding Reallocation - (REVISED) It is recommended that the sum of $200,000.00 from the Winter Maintenance Accounts be reallocated to the 1987 Roadway Program. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Pay, that the revised report be received and adopted. Carried Unanimously. 2) that 1~-87-87, Temporary Accommodation for Niagara Recycling - It is recommended that the plan endorsed by the Municipal Works Committee to temporarily accommodate Niagara Recycling be approved. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, the report be received and adopted- Carried Unanimously. F-87-28 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $2,012,645.53 for the period ending May 4, 1987, be approved by the passing of the by-law appearing later on the agenda. Alderman Cummings declared a conflict of interest on Cheque No. 23973 because a member of his family is involved in the program. Alderman Harrington declared a conflict of interest on Cheque No. 24058 because his wife is past-president of the organization. Alderman Hinsperger declared a conflict of interest on Cheque Nos. 23928 and 23931 because he is employed with the company. Additional information was provided on Cheque Nos. 23933, 24047, 24054, and 24056. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Janvary, that the report be received and adopted. The motion was amended on a motion of Alderman Puttick, seconded by Alderman Orr, that Cheque No. 23938 be withheld for clarification on renaming of the Moly Family Emergency Youth Accommodation, and a true accounting. The amendment Carried with the following vote: AYE: Aldermen Hopkins, NAYE: Alderman Baker, Campbell, Chessman, Coville, Cummings, Hinsperger, Janvary, Orr, Pay, and Puttick. Harrington. The motion to receive and adopt tbe report, with Cheque No. 23928 being withheld, Carried with Aldermen Cummings, Marrington and Hinsperger abstaining from the vote on Cheque Nos. 23973, 24058, 23928 and 23931 consecutively, on conflicts of interest previously recorded; Alderman Hopkins voting contrary on Cheque No. 26000; and with all others voting in favour. -6- F-87-29 - Finance Committee - Re: Committee Reports. The report recommends the following: 1) Request of Social Planning Council - It is recommended that the increase of $1,885.00 to the Social Planning Council 1987 Budget Allocation be approved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the recommendation be received and adopted. The motion Carried with the following vote: AYE: NAYE: Aldermen Campbell, Chessman, Cummings, Herrington, Hinsperger, Hopkins, Janvary, Orr, and Puttick. Aldermen Baker, Coville, and Pay. 2) Request of Niagara Grape & Wine Festival - It is recommended that a donation in the amount of $1,000.00 to assist the Niagara Grape & Wine Festival in promoting the festival, be approved. ORDERED on the motion of Alderman Janvary, seconded by Alderman Harrington, that the recommendation be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Chessman, Coville, Harrington, Hlnsperger, Hopkins, Janvary, and Puttick. NAYE: Aldermen Cummings, Orr, and Pay. 3) Request of Niagara Falls Public Library - It is recommended that $3,500.00 be added to the City Appropriation of the Niagara Falls Public Library 1987 Operating Budget to provide wage parity for their employees, be approved. Alderman Chessman declared a conflict of interest because his wife is employed by the Library Board. Mr. Carman Dix, Chairman, Niagara Falls Public Library Board responded to questions raised regarding parity in wage increases. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Harrington, that the recommendation be received and adopted. The motion Carried with Alderman Cheesman abstaining from the vote on a conflict of interest previously recorded; and with the following vote: AYE: Aldermen Campbell, Coville, Cummings, Harrington, Hinsperger, Hopkins, Janvary, Orr, Pay, and Puttick. NAYE: Alderman Baker. RESOLUTION No. 37 - JANVARY - CHEESMAN - RESOLVED that a message of condolence be forwarded to the family of the late Mr. George Bukator, a former Mayor of the City of Niagara Falls, former MPP, former Reeve of Chippawa, and former Warden of Welland County; a well known and highly respected resident of Niagara Falls; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No, 8]-83 - A by-law respecting the reconstruction and widening of the pavement on Dotsen Drive, together with curbs and gutters and pavement widenings and curbs and gutters on Cherrywood Road and part of Maplewood Avenue. 7 No. 87-84 - A by-law respecting the construction of pavement widenings and curbs and gutters on Elmwood Avenue, Nancy Drive, Peach Avenue, Sherwood Road. and No. 87-85 - A by-law to amend By-law No. 87-63. (Bobby Lawn Spray). No. 87-86 - A by-law to authorize the execution of an agreement with Pro-Way Baseball Camps for the use of Oakes Park for a summer baseball camp during the summer of 1987. No. 87-87 - A by-law regarding cemeteries. No. 87-88 - A by-law to provide monies for general purposes. The motion Carried with Alderman Campbell voting contrary on By-law No. 87-86; Aldermen Cummings, Harrington, Hinsperger abstaining from the vote on By-law No. 87-88, on conflicts of interest previously recorded in Report No. F-87-28; Alderman Hopkins voting contrary on By-law No. 87-88 as previously recorded in Report No. F-87-28; and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the following by-laws ba now read a second and third time: No. 87-83 - A by-law respecting the reconstruction and widening of the pavement on Doreen Drive, together with curbs and gutters and pavement widenlugs and curbs and gutters on Cherrywood Road and part of Maplewood Avenue. No. 87-84 - A by-law respecting the construction of pavement widenings and curbs and gutters on Elmwood Avenue, Nancy Drive, Peach Avenue and Sherwood Road. No. 87-85 - A by-law to amend By-law No. 87-63. No. 87-86 - A by-law to authorize the execution of an agreement with Pro-Way Baseball Camps for the use of Oakes Park for a summer baseball camp during the summer of 1987. No. 87-87 - A by-law regarding cemeteries. No. 87-88 - A by-law to provide monies for general purposes- The motion Carried with Alderman Campbell voting contrary on By-law No. 87-86; Aldermen Cummings, Harrington, and Hinsperger abstaining from the vote on By-law No. 87-88 on conflicts of interest previously recorded; Alderman Hopkins voting contrary on By-law No. 87-88 as previously recorded; and with all others voting in fayour. NEW BUSINESS ITEMS OF CONCERN: Niagara Falls, Canada, Visitor & Convention Bureau/Proclamation - His Worship Mayor Smeaton referred to the handout communication from the Niagara Falls Visitor & Convention Bureau, requesting that the week of May llth to 17th, 1987 be proclaimed "National Tourism Week". ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the request be approved subject to established policy. Carried Unanimously. User Fees for City Lands - Alderman Pay requested information regarding the payment of rental fees to the City for the placement of newspaper boxes on City property, and for other uses. The Chief Administrative Officer advised that the matter would be investigated and a ~eport submitted to CoUncil. ""'y~. ~'~t~,. t,"' .... -8- York-Hannover Cheque & Construction Site - In response to a request by Alderman Pay, the Treasurer provided information with respect to the validity of post-dated cheques made by York-Hannover to the City for tax arrears. Alderman Puttick advised that he had visited the construction area of the Maple Leaf Village, made enquiries, and stated that although problems have been encountered, the work is "moving ahead". Rainbow Gardens Non-Profit Development - Alderman Janvary reminded Council of a meeting between representatives of the Rainbow/Bambi ratepayers, the Ministry of Housing, and Planning Staff on May 5th, 1987, to discuss the Province's Non-Profit Housing Program. Mayor Smeaton advised that the Senior Planner had been unsuccessful in his attempts to arrange for representation from the Ministry. Conference Expenses/Aldermen - Alderman Harrington asked that the policy for payment to Aldermen attending conferences be re-evaluated, to ascertain justification for payment, particularly with respect to a local conference. Pedestrian Bridge over Portage Road - Alderman Hinsperger requested information regarding the status of cost-sharing between the Niagara Parks Commission, Minolta Tower and the City. The Director of Municipal Works advised that the cost-sharing has been administered in accordance with the agreement, that the two private parties were taking action to reduce the expenses, and the City is anticipating an early response to its request for additional funds. ITEMS OF INTEREST: Niagara Therapy Award - Alderman Janvary referred to the recent presentation of the Niagara Therapy Award to Wanda McCrackin and her dog at Niagara Square. Nomination Form/Improving the Environment Award - In response to questions raised, the Clerk explained the purpose of the Nomination Form in the Handout Folders regarding the subject matter. Creat Lakes United Conference - ., Alderman Harrtngton advised that he and Alderman Hopkins had artended the Great Lakes United Conference held on May 2, 1987, referred to a guest speaker, Mr. Hank Willjams, Commissioner of the Department of the Environment in Niagara Falls, New York, and further advised that he would be submitting a report to members of Council. Ismx Theatre - Alderman Cummings referred to his attendance at the Imax Theatre's presentation of it~s film on Niagara Falls, discussed the excellency and promotional value of the film with respect to the City of Niagara Falls, and requested that a letter of appreciation be forwarded from Mayor Smeaton~s office to the Imax Theatre representatives. It was moved by Alderman Baker, seconded by Alderman Herring|on, that the meeting adjourn. Carried Unanimousl READ AND CLERK s. NINETEENTH MEETING COb~ITTEE OF THE WHOLE Committee Room #1 May 11, 1987 Council met on Monday, May llth, 1987 at 7:20 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Janvary, were present. Alderman Puttick presided as Chairman. Following consideration of the,~'~A{~resented, the Committee of the |~"aole arose without reporting. ~ · ~ - READ ~uND ADOPTED, Faro' ~'~ Council Chambers May 11, 1987 Council met on Monday, May llth, 1987 at 7:30 p.m. for the purpose of considering Planning Matters and regular business. All members of Council, with the exception of Alderman Janvary, were present. His Worship Mayor Smeaton presided as Chairman, and 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 May 4th, 1987 be adopted as printed. Carried Unanimously. REPORTS - PLANNING MATTERS PD-87-61 - Chief Administrative Officer - Re: Zoning Amendment Application AN-6/87, V. & C- Golia, 6179 Toby Crescent. The report recommends the following: 1) That Council not support the proposed rezoning of the subject lands as submitted; 2) That the applicant be encouraged to explore alternative site plans for the development which will attempt to minimize the impact on the adjacent resi- dential neighbourhood and have regard for the following matters: - scale the proposed development to a size which is sensitive to the abutting residential area; - removal of the driveway and access onto the local residential street; improving the parking ratio associated with the proposed development which currently does not comply with the minimum provisions of the Zoning By-law; - the need to provide improved landscaping and buffering areas between the development and adjacent residential neighbourhood. - AND - Communication No. 154A - Residents of Toby Crescents Collins Drive & Drummond , Road - Re: Zoning Amendment Application AN-6/87. The petition opposes the proposed zoning amendment because of the residential setting; child safety and security features; increased traffic congestion, noise, dust and fumes; drainage; decreased property values; record of applicant regarding property maintenance; and the aesthetic value of retaining trees. 2 Co~unlcation No. 154B (HANDOUT) - Regional Niagara Planning & Development Department - Re: Preliminary Application AM-6/87. The communication advises that Regional Planning Staff does not oppose the application, and that the comments of the Regional Public Works Staff are attached. Communication No, 154C (HANDOUT) - Director of Buildings & Inspections - Re: Zoning Amendment Application AM-6/87. The memorandum advises that the parking module of 62.8' at the rear of the building complies with the minimum require- ment of the By-law No. 79-200, but does not allow for landscaping or possible pedestrian walkways. His Worship Mayor Smeaton declared the Public Meeting open and explained the procedure to be followed under the Planning Act, 1983. The Clerk advised that the property is known as 6179 Toby Crescent and located on th~ north side of Toby Crescent, east of Drummond Road; that the prbpo~l is to amend the zoning of the subject site from Residential Single Family'to ~hrk'in~,' in ~rder to permit the lands to be developed for parking purposes, and permit a building addition to the existing commercial development on the lands zoned General Commercial adjacent to the subject property. He further advised that the Notices of the Public Meeting were forwarded on April lOth, 1987. Mr. William Slovak, Solicitor, indicated his presence on behalf of the applicant. His Worship Mayor Smeaton received a positive response to his request for a show of hands indicating the presence of persons in favour of, or opposed to the application. He asked 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. The Planning Director discussed the subject property with the assistance of posted sketches; and reviewed the following information contained in the Technical Report: Property Description, Development Proposal, Zoning By-law Amendment, Official Plan, Surrounding Land Use, Comments from the Public Notifi- cation Process, and Planning Review. He advised that the Planning Department does not recommend the application as submitted, and discussed alternatives contained in the recommendation on Report PD-87-61. There was a negative response to Mayor Smeaton's request for comments from persons, other than the applicant, in favour of the application. Mr. Jim Wellington, 6169 Toby Crescent, discussed the concerns of residents in the subject area, contained in the petition previously recorded. Mr. Slovak advised that his client was aware of the cohcerns of the adjoining property owners; stated that he was agreeable to eliminating the access onto Toby Crescent; suggested that the development of parking, landscaping and amenities would act as a buffer to protect property owners on the east side; that a residence on the corner of Drummond Road and Collins Drive would be part of the project; and that the property would be "cleaned up and tidied up - a much better site". He asked that the application be tabled to permit the applicant the opportunity to discuss the problems with City Staff and representatives of the concerned residents. Mr. Slovak further stated that the applicant would expect to absorb the cost of recirculation of the application. Following a discussion regarding the preservation of the existing trees, parking accommodation, and recommended alternatives, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the matter be tabled for a revision of the application, and to provide the applicant with an opportunity to meet with Staff and the residents involved, in order to resolve concerns. The motion Carried with the following vote: AYE: Aldermen Campbell, Coville, Harrington, Hinsperger, Orr, Pay and Puttick. NAYE: Aldermen Baker, Chessman, Cummings and Hopkins. PD-87-62 - Chief Administrative Officer - Re: Zoning Amendment Application AM-8/87, M. & A. Young, 4462 Second Avenue. The report recommends the following: That Council support the proposed zoning by-law amendment, as detailed in Technical Report PD-8/-b4; z) That Staff be directed to prepare an appropriate zoning by-law amendment which reflects the application submitted tot enactment at a subsequent Council meeting. - AND - Communication No. 155 (HANDOUT) - Regional Niagara Planning & Development Department - Re: Preliminary Application AM-8/87, Recognition of a Triplex, Second Avenue, north of Bridge Street. The communication advises that Regional Planning and Public Works Staff have no objection to the application. His Worship Mayor Smeaton declared the Public Meeting open and reviewed the procedure to be followed under the Planning Act, 1983. The Clerk advised that the property was located on the east side of Second Avenue, north of Bridge Street; that the application proposes to amend Zoning By-law No. 79-200 to recognize an existing triplex; and that the Notices of the Public Meeting had been forwarded to involved citizens on April 9th, 1987. His Worship Mayor Smeaton advised that Mr. William Slovak was in attendance on behalf of the applicant. He received a positive reaction to his request for a show of hands from persons in attendance who were opposed to, or in favour of the application. Mayor Smeaton advised that any persons wishing to receive further notice of the passing of the by-law should submit their names and addresses to the Clerk prior to leaving the meeting. The Planning Director explained the details of the proposal, and with the assistance of posted sketches, discussed the subject lands. He reviewed the following information contained in the Technical Report: Development Proposal, Zoning By-law Amendment, Official Plan, Comments from Public Notification Process, Surrounding Land Use, and Planning Review; and advised that the Planning Department recommended approval of the proposal. His Worship Mayor Smeaton received a negative response to his request for comments from persons in attendance who were in support of, or opposed to the application. Mr. Slovak referred to the reports from the Planning Department, and asked that the application be approved. He responded to questions raised regarding the number of units in the dwelling. Following a discussion regarding parking, and records with respect to previous occupancy of the dwelling, His Worship Mayor Smeaton declared the Public Meeting closed. 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, Chessman, Coville, Cummings, Harrington, Hinsperger, ttopkins, and Pay. NAYE: Aldermen Orr and Puttick. PD-87-63 - Chief Administrative Officer - Re: Zoning Amendment Application AM-9/87, Cakes Drive Hotel, Portage Road & Cakes Drive. The report recommends the following: 1) That Council support the proposed Zoning By-law Amendment as detailed in PD-87-57, conditional upon the applicant entering into a development agree- ment with the Municipality, addressing the Engineering Department concerns as detailed in their correspondence; 2) That the Zoning By-law Amendment is in compliance with all agreements that exist on the property; 3) 4) That the applicant enter into a Site Plan Agreement with the Municipality; That Staff be directed to prepare an appropriate zoning by-law amendment, which reflects the application submitted for enactment at a subsequent Council meeting· -4- - AND - Communication No. 156 (!lANDOUT) - Regional Niagara Planning & Development Department - Re: Preliminary Application AM-9/87, Expanded Parking Facilities, Conrail Tracks, north of Portage Road. The communication advises that Regional Planning and Public Works Staff are not opposed to approval of the proposed rezoning. l{is Worship Mayor Smeaton advised that the same procedure as in the two previous applications would be followed. He reviewed this procedure under the Planning Act, 1983. The Clerk advised that the property was located adjacent, in an easterly direction, to the existing Oakes Drive Hotel, and on the north side of Portage Road; and stated that the proposal would amend Zoning By-law No. 79-200 for the purpose of extending an esisting parking structure over the existing CN/CP rail line in an easterly direction to the existing top of bank along the east limit of this application. He further advised that the Notices of the Public Meeting had been forwarded on April 10th, 1987. Mr. John Broderick, Solicitor, indicated his presence, and that of the Structural Engineer on behalf of the applicant. There was a negative response to Mayor Smeaton's request for a show of hands of persons present in favour of, or opposed to the application. His Worship Mayor Smeaton requested 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 discussed the subject property with the assistance of posted sketches; and reviewed the following information contained in the Technical Report: Zoning By-law Amendment, Official Plan Amendment, Comments from Public Notification Process, surrounding Land Use, and Planning Review. He recommended that approval be granted, subject to the conditions outlined in the report. His Worship Mayor Smeaton received a negative response to his request for comments from persons, other than the applicant or his agent, in favour of the application, and opposed to the proposal. Mr. Brodertck advised that there was no objection to the proposal by the Niagara Parks Commission; expressed agreement with the conditions in Report PD-87-63; and advised that plans have been submitted to the Niagara Parks Commission and the railway for approval. Since no further comments were forthcoming, Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. PD-87-59 - Chief AdMinistrative Officer - Re: Draft Plan of Subdivision West Meadows "87", Request for amendment to Subdivision Plan and Conditions of Draft Approval. The report recommends that City Council, pursuant to Section 33(12) of the Planning Act, concur witIt the proposed amended condition No. 1 respecting the attached draft plan known as "West Meadows", dated April 11, 1986 and amended February 17, 1987, showing a total of 308 lots for semi-detached units, 2 blocks (C and D) for multi-family units, 1 block for a school and 1 block for a park (3.046 ac). The approval is subject to the proposed street between Lots 198 and 199 being relocated to Lot 202; with the development of Paddock Trail, a temporary turning circle be constructed at its northerly limit; Lot 208 be held by the Municipality until determination of the final design of the open water course to the west has been made; the lots on Paddock Trail be reduced in size to less than 18 m of frontage and be used for Single Family Development · Miss dean Grandoni, 4810 Garner Road, discussed the provisions under the Planning Act whereby the Minister may withdraw or change the conditions of approval for a subdivision plan; referred to the City's power to expropriate; and to Conncil's authority to apply for reopening of the W-5-3 channel. Miss Grandoni asked Council to hold the subdivision in abeyance until a report is received regarding the placement of snmp pumps in the homes, and referred to the installation of sump pumps in many homes in the Las Vegas area. -5 - The Director of Municipal Works stated that Miss Grandoni's concerns with respect to sump pumps had been considered, and that Council had approved the recommendation of Statf to "connect weepere to the storm Sewer system where possible". The Chiet Administrative Officer advised that the concerns of Miss Grandoni had been considered and a decision made witix respect to this subdivision. Mr. AI Goar, agent for the developer, stated that the matter of Shriner's Creek drainage had been considered Dy Council many times since i~/2, that the owners ot the subject land, the Walters' family had been good corporate citizens, and askeO Council to approve the amendment. ORDERED on the motion of Alderman Pay, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with the toilowing vote: AYE: NAYE: Aldermen Baker, Campbell, Chessman, Coville, Cummings, Hinsperger, Hopkins, Orr, Pay, and Puttick. Alderman Herrington. PD-87-60 - Chief Administrative Officer - Re: Application for Exemption trom Part Lot Control, Lots 23 & 24, Registered Plan 19b, N.W corner ot Fern Avenue & Uooper Drive. The report recommends that the request irom Mr. & Mrs. N. Weaver to exempt Lots 23 and 2~ according to Registered Plan 19b, from Part Lot Control be approved and that Council pass the appropriate by-law. ORDERSO on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 87-99. PD-87-64 - Environmental Planming Committee - Re: Request to Sponsor Dinner for the Governor General's Study Conference. The report reconmends the following: 1) That Council endorse the co-sponsorship of a dinner for the Governor General's Study Conference with the Ministry of Environment as part of the City's Environment Week activities; 2) That the City's 50% co-sponsorship (estimated at $400.00) be derived from the Environmental Planning Committee's 1987 budget allocation. ORDERED on the motion of Alderman Harrigton, seconded by Alderman Cheesman, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Coville, Harrington, Hinsperger, Hopkins, 0rr, Pay, and Puttick. NAYE: Alderman Cummings. CD-87-36 - Chief Administrative Officer - Re: AM-29/86, Restricted Area By-law No. 87-55, Thomas Anthes, Proposed Townhouse Units, West Side of Portage Road, North of Althea Street. The report recommends that Council reaffirm its approval of By-law No. 87-55, and direct the Clerk to forward the By-law along with the Petition objecting to the By-law to the Ontario Municipal Board with the request for a public hearing. - AND - Comuntcatton No. 157 (HANDOUT) - Regional Niagara Planning & Development Departsent - Re: Zoning By-law Amendment No. 87-55, Proposed Townhouses, Portage Road, north of Althea Street. The communication advises that the Regional Public Works Staff have no objection to the Zoning Amendment, but |lave made certain requests with respect to the proposed development and abutting Regional Road. ORDERED on the motion of Alderman Chessman, seconded by Alderman Pay, that the communication be received and filed, and the report be received and adopted. Carried Unanimously. - 6 _ CO~4UNICATIO;.S No. 158 - Minister for Senior Citizens' Affairs - Re: Proclamation. The communication asks Council to proclaim the month of June 1987 as "Senior Citizens' Month". OKDEKhD on the motion ot Alderman Cummings, seconded by A/derman Pay, that the request be approved. Carrico Unanimously. No. 159 - Niagara Falls Nature Club - Re: Proclamation. The communication asks that the week or June 1st to/th, i9~/be proclaimed "Environment WeeK". ORDERED on the motion of Alderman Cummings~ seconded by Alderman Pay, that the Nature club De intormed that the City ot Niagara Fails has proclaimed the week ot June I to/, 19gl as "Environment Week". Carried Unanimously. No. 160 - N.H.L. Slo-Pitch Challenge - Re: Slo-Pitch Tournament. The communication requests a Special Occasion Permit tor the aforementioned tournament to be held on June 18th and l~th, LWB/at Niagara Falls Memorial Arena. ORDERED on the motion ot Alderman Chessman, seconded by Alderman Hinsperger, that the request be granted subject to the approval ot other authorities. Carried Unanimously. REPORTS B-87-31 - Chief Administrative Officer - Re: Property Standards By-law 74-204, Mr. M. Raosavljevich, 6444 Ash Street. The report recommends that under clause (a) of sub-section 7.10.4 of By-law No. 74-204, the Corporation retain a disposal service to forthwith complete the work which Mr. Raosavljevich was directed to carry out under the Order given July 7, 1986, and that pursuant to sub-section 7.10.5 of said By-law No. 74-204 any expense incurred by the Corpor- ation, its servants or agents in carrying out the work aforesaid be recovered in a like manner as Municipal taxes. Mr. William Slovak, Solicitor, advised that his clients have a one-half interest in the property, that the co-owners are beneficiaries living in western Canada, explained the problems previously encountered with "squatters" on the property, discussed increasing property values, and an Offer to Purchase the subject lands which had recently been received. He requested that nothing be done to demolish buildings until an opportunity has been given to dispose of the property. Mr. Gordon Wyllie, T. Gordon Wyllie Real Estate Limited, advised that a verbal acceptance of the Offer to Purchase had been received~ In response to questions raised, he stated that the purchaser intends to renovate the property, and asked that the matter be deferred. The Director of Buildings & Inspections stated only the porches were to be demolished, and that this could be "worked out" with the owner. He further stated that a delay in cleaning up the property was undesirable. It was agreed that a meeting to discuss the matter would be arranged with Mr. Wyllie. 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, Cheesman, Coville, Cummings, Hinsperger, ltopkins, Orr, and Pay. NAYE: Aldermen Harrington and Puttick. B-87-32 - Chief Administrative Officer - Re: Tender for Mowing of Private Lets. The report recommends that the tender submitted by Grounds Master for the mowing of private lots be accepted. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Covllle, that the report be received and adopted, Carried Unanimously. See Resolution No. 38. See By-law No. 87-91. - 7- B-8~-33 - Chief Administrative Officer - Re: Tender for Chemical Weed Control. The report recommends that the tender submitted by Mr. Earl Murchie for chemical weed control of private lots be accepted. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See Resolution No. 39. See By-law No. 87-92. MW-87-83 - Chief Administrative Officer - Re: Road Rehabilitation in the Cherrywood Acres Subdivision - Contract R.C. 8-87. The report recommends that the unit prices submitted by the low tenderer, Steed & Evans Limited be accepted and that this contract be awarded subject to: 1) A report on tonight's agenda regarding objections from adjacent property owners to the proposed work on Elmwood Avenue and Sherwood Road; 2) O.M.B. approval of proposed Local Improvement By-law 87-52; and 3) Steed & Evans Limited acknowledgement to honour their unit prices bid in Contract R.C. 8-87 in view of the possible deletion of work on the above referenced streets and the resulting reduction in contract quantities. - AND - MW-87-98 - Chief Administrative Officer - 1987 Local Improvement Program. The report recommends the following: 1) 2) That City Council hear any residents wishing to object to the proposed Local Improvement works as set out in By-law No. 87-52; That, if the petition against the local improvement pavements, curbs and gutters on Elmwood Avenue and Sherwood Road is not withdrawn, the proposed road and curb works on these two streets be deleted from the 1987 Local Improvement Program; 3) 4) That By-law 87-52, as amended if necessary, be given a third reading; That no further local improvement petitions for road-related works be entertained by the City until the local improvement policy review has taken place. Mr. P. C. Lococo, Solicitor, addressed Council on behalf of residents, and as a resident in the subject area. He discussed the short notice of this meeting, the unfairness of the proposal that residents on Sherwood Road pay $12.00 per foot for curb, gutter and road construction and residents on Cherrywood Road, Maplewood Avenue and Doreen Drive are required to pay only $4.00. Mr. Lococo discussed the poor road conditions, the buses turning in insufficient space, the desirability of proceeding with road rehabilitation in the subject area, and the petition signed by residents who oppose the $12.O0 charge for the works. The Director of Municipal Works explained the method of notification, and proposed work in the subdivision, and the increased cost to the City if $4.00 rate throughout the subdivision is approved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that approval be given for a flat rate cost of $4.00 per front footage charge to all residents involved in the road rehabilitation. The motion was Defeated with the following vote: AYE: Aldermen Cummings and Harrington. NAYE: Aldermen Baker, Campbell, Cheesman Coville, Hinsperger, Hopkins, Orr, Pay, and Puttick. Mr. Larry Morningstar, 6541 Sherwood Road; and Mr. D.J. Shanks, 6466 Sherwood Road discussed their concerns, and expressed their desire that the work proceed· Following further discussion, it was moved by Alderman Hopkins, seconded by Alderman Pay, that Report No. MW-87-98, to approve the works contained in By-law 87-52, be received and adopted. Carried Unanimously. -8- ORDERED on the motion of Alderman Campbell, seconded by Alderman Hinsperger, that Report No. MW-87-83 be received and adopted. Carried Unanimously. See Resolution No. 40. See By-law No. 87-94. NW-87-~l - Chief Administrative Officer - Re: Contract R.C. 9-87, Curb & Cotter and Base Asphalt Road Construction in the Westway Subdivision. The report recommends that the unit prices submftted by the low tendeter, Economy Paving Company (St. Catharines) Limited, he accepted and this contract be awarded. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. See Resolution No. 41. See By-law No. 87-90. ~W-87-93 - Chief A~mtnistrative Officer - Re: 1987 New Equipment Purchases of City Vehicles. The report recommends the following. 1) That Staff be authorized to purchase the various pieces of equipment described in Appendix "A" from the bidders outlined, having a total value of $660,262.96; and 2) That Staff be authorized to obtain quotations and purchase vehicle Item #12 as shown on Appendix "A" and/or Appendix "B" when equipment becomes available. It was moved by Alderman Hinsperger, seconded by Alderman Hopkins, that the report be received and adopted. Following a discussion, this motion was withdrawn. Alderman Puttick advised that he did not have a conflict of interest because his place of employment is not included in the bidders listed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that for Item No. 1 on the Tender Summary, the unit prices submitted by the second lowest bidder Autoland Chrysler in the amount of $27,769.71, be accepted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Cummings, Harrington, and Hopkins. NAYE: Aldermen Coville, Hinsperger, Orr, Pay, and Puttick. Alderman Puttick requested a verbal report regarding the year of vehicles purchased in Item No. 1. ORDERED on the motion of Alderman Baker, seconded by Alderman Coville, that the low tenders listed in the report for Item Nos. 2 to 14 inclusive, be adopted· Carried Unanimously. NW-87-95 - Municipal Works Cossdttee - Re: recommends the following: See Resolution No. 42A and Resolution No. 42B. Committee Reports. The report NW-87-84, Consulting gnEineerinS Services - Hillsdale Estates Subdivision ~ It is recommended that: (i) the services of Conlin Engineering & Planning Limited be engaged to provide design, construction administration, construction inspection and construction layout for Municipal services for Hilldale Estates Subdivision; and 2) (if) the Mayor and Clerk be authorized to sign on behalf of the City the Engineering Agreement pertaining to this work. NW-87-86, Annual Spring Cleanup CampaiZu - It is recommended that this advisory report be received and filed for information. .9 -9- ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. MW-87-96 - Municipal Parking & Traffic Committee - Re: Bus Parking on Clifton Hill - Falls Avenue to the Niagara Parkway. The report recommends that the Regional Municipality of Niagara be advised that the City of Niagara Falls has no objections to the removal of bus parking from both sides of Clifton Hill from Falls Avenue to the Niagara Parkway, and is in agreement with the establishment of a bus unloading zone on the south side of Clifton Hill immediately to the west of the intersection of the Niagara Parkway and Clifton Hill. ORDERED on the motion of Alderman Cummtngs~ seconded by Alderman Hinsperger, that the report be received and adopted- Carried Unanimously. MW-87-99 - Chief Administrative Officer - Re: Contract R.C. 10-87 - Curb & Gutter and Base Asphalt Construction in the Moretta Estates Subdivision. The report recommends that the unit prices submitted by the low tenderer, Steed & Evans Limited be accepted and this contract be awarded. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. See Resolution No. 43. See By-law No. 87-93. HW-87-100 (HANDOUT) - Nunicipal Works Committee - Re: Consulting Engineering Services - C.A.I.P. 4, Queen Street to Crysler Avenue. recommends the following: The report 1) That the municipal services to be installed on Erie Avenue from Huron Street to Bridge Street and municipal services to be installed on Queen Street from Ontario Avenue to Crysler Avenue under the C.A.I.P. 4 Program be undertaken as one contract; 2) That the services of DeLCan, De Leuw Cather, Canada Ltd. be engaged to provide design, construction administration, construction inspection and construction layout for various municipal services to be constructed on Queen Street from Ontario Avenue to Crysler Avenue through the C.A.I.P. 4 project at an estimated value of $80,200.00; and 3) That the Mayor and Clerk be authorized to sign on behalf of the City, the Engineering Agreement pertaining to this work. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Orr, that the report be received and adopted. Carried UnanimouslX. !tW-87-101 (HANDOUT) - Chief Administrative Officer - Re: Contract P.W. 7-87 Portage Road Pedestrian Bridge Restoration. The report recommends the following: 1) That the unit prices submitted by Hard Rock Paving Company Limited for remedial works to the Portage Road Pedestrian Bridge be accepted and Contract P.W. 7-87 be awarded to this contractor, subject to the City receiving the amount of $26,250.00 from Meneehella Brothers Limited; and 2) That the By-law on tonight's agenda authorizing the Mayor and Clerk to enter into a construction contract for this work with Hard Rock Paving Company Limited be approved, subject to receiving the required funds from Menechella Brothers Limited. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimous.ly. Resolution No,. 44. pee B~-.law No. 87-102. ~10 - FC-87-10 - Chief Administrative Officer - Re: 1987 Water Budget, Water Rates and Service Charges. The Finance Committee report recommends that Council approve the following: 1) The 1987 water distribution budget as presented; 2) The increase in water rates of 4% to be effective June 1, 1987; 3) An increase in the charge for the 3/4' water service installation to $750.00 from $650.00. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report he received and adopted. Carried Unanimously. See By-law No. 87-96. FC-87-11 - Chief Administrative Officer - Re: Tax Certificate Fee. The Finance Committee report recommends that City Council approve the fee for the preparation of tax certificates being increased to $6.00. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. See By-law No. 87-100. F-BY-30 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $4,532,392.68 for the period ending May 11, 1987 be approved by the passing of the by-law appearing later on the agenda. Alderman Campbell declared a conflict of interest on Cheque No. 24142 because the organization is a client. Alderman Hinsperger declared a conflict of interest on Cheque No. 24152 because he is employed with the company; and a conflict of interest on Cheque No. 24166 because he is the person involved. Additional information was provided on Cheque Nos. 24208, 24142 and 24213. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and adopted. The motion Carried with Aldermen Campbell and Hinsperger abstaining from the vote on Chequ~ Nos. 24142, 24152 and 24166 consecutively, on conflicts of interest previously recorded; Alderman err voting contrary on Cheque No. 24142; and all others voting in favour. CB-87-33 - Chief Adninlstrative 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 Muicipalities of Ontario to be held from Sunday, August 23rd to Wednesday, August 26th, 1987 at the Royal York Hotel in Toronto. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and members of Council who wish to attend contact the Clerk's Department. Carried Unanimously. ~D-87-34 - Chief Administrative Officer - Re: Possible Purchase or Preservation of 6120 Main Street. The report recommends that the information contained heroin be noted and that the Municipality not undertake to either acquire or relocate the above-referenced dwelling. Messrs. Mike Giura, St. and Jr., were in attendance to respond to .questions raised. ORDERED on the motion of Alderman err, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. - 11 - D-87-37 - Chief Administrative Officer - Re: Extension of Contract - Lottery Licensing Inspector. The report recommends that the contract between the City and Mrs. Angela Arntz, Lottery Licensing Inspector, be extended for an additional six months to November 21, 1987. Alderman Cummings declared a conflict of interest because he is a member of an organization which conducts bingos. ORDERED on the motion of Alderman Chessman, seconded by Alderman Baker, 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 with all others voting in favour. RESOLUTIONS No. 38 - CMBESI~AN - COVILLE - RESOLVED that the tender submitted by Grounds Master for the mowing of private lots be accepted as per the attached Tender gummary Sheet; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. NO. 39 - CU~NG8 - PAY - RESOLVED that the tender submitted by Earl Murchie for chemical weed control of private lots be accepted as per the attached Tender Summary Sheet; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 40 - CAbBELL - HINSPERCER - RESOLVED that the unit prices submitted by Steed & Evans Limited for road rehabilitation in the Cherrywood Acres Subdivi- sion - Contract R.C. 8-87, be accepted at the low tendered price of $518,409.75, subject to the following: (i) A report on tonight's agenda regarding objections from adjacent property owners to the proposed work on Elmwood Avenue and Sherwood Road; (ti) O.M.B. approval of proposed Local Improvement By-law 87-52; and (itl) Steed & Evans Limited acknowledgement to henour their unit prices bid in Contract R.C. 8-87 in view of the possible deletion of work on the above referenced streets and the resulting reduction in contract quantities. ; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. Bo. 41 - HINBPERGER - C~BELL - RESOLVED that the unit prices submitted by Economy Paving Company Limited for curb and gutter and base asphalt road con- struction in the Westway Subdivision - Contract R.C. 9-87, be accepted at the low tendered price of $259,889.80; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. Be. 42A - CB!~I~INGS - HARRING~ON - RESOLVED that the unit prices submitted by the second lowest tenderer, Autoland Chrysler, for 1987 new equipment purchases of City vehicles, be accepted in the amount of $27,769.71, as per attached Tender Summary; AND the Seal of the Corporation be hereto affixed. The motion Carried with Aldermen Covtlle, Hinsperger, Orr~ Pay and Puttick voting contrary, and all others in layout. No. 428 - BABR - COVILL~ - RESOLVED that the unit prices submitted for 1987 new equipment purchases of City vehicles, by bidders outlined in the attached Tender Summary, Appendix "A', for Items 2 - 14 inclusive, be accepted; AND the Seal of the Corporation be hereto affixed. Csrrte.d Unanimously. .... 12 - 12 - No. 43 - CUMMINGS - COVILLE - RESOLVED that the unit prices submitted by Steed & Evans Limited, for Curb and Gutter and Base Asphalt Construction in the Moretta Estates Subdivision - Contract R.C. IO-87, be accepted at the low tendered price of $121,276.80; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 44 - ORR- HINSPERGER - RESOLVED that the unit prices submitted by Hard Rock Paving Company Limited for Contract P-W. 7-87 - Portage Road pedestrian bridge restoration, be accepted at the low tendered amount of $139,747.00, subject to the City receiving the amount of $26,250.00 from Menechella Brothers Limited; and THAT the by-law on tonight's agenda authorizing the Mayor and Clerk to enter into a construction contract for this work with Hard Rock Paving Company Limited be approved, subject to receiving the required funds from Menechella Brothers Limited; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cheesman, seconded by Alderman Baker, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 87-89 No. 87-90 No. 87-91 No. 87-92 - A by-law respecting sick leave credits, pensions and other benefits for employees. - A by-law to authorize the execution of an agreement with Economy Paving Company (St. Catharines) Limited for curb, gutter and base asphalt construction in the Westway Sudbdivision. - A by-law to authorize the execution of an agreement with James E. Barnes, carrying on business as Grounds Master Commercial Lawn & Tree Service for mowing weeds on private lots. - A by-law to authorize the execution of an agreement with Earl Murchie. No. 87-93 No. 87-94 - A by-law to authorize the execution of an agreement with Steed and Evans Limited for curb, gutter and base asphalt construction in the Moretta Estates Subdivision - Stage III. - A by-law to authorize the execution of an agreement with Steed and Evans Limited for road rehabilitation in the Cherrywood Acres Subdivision. .. Ne. 87-95 No. 87-96 - A by-law to authorize a Release. (Part 2, Plan 59R-5285). - 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. 87-97 - A by-law to amend By-law No. 79-200, as amended. (Amerl-Cana Motel Ltd., parking lot between Buchanan & Stanley Avenues - Report PD-87-28 approved by Council March 9/87). No, 87-98 - A by-law to amend By-law No. 79-200, as amended. (Ameri-Cana Motel Ltd., Pyramid Place, 5400 Robinson St. - Report PD~87-28 approved by Council March 9/87). No. 87-99 - A by-law to designate certain land not to be subject to part lot control. (N. Weaver, Fern Ave. & Cooper Dr.). No, 87-100 - A by-law to authorize a fee of $6.00 to be charged for a tax certificate. No. 87-101 - A by-law to provide monies for general purposes. 13- No. 87-102 - A by-law to authorize the execution of an agreement with Hard- Rock Paving Company Limited for Portage Road pedestrian bridge restoration. The motion Carried with Aldermen Campbell and Hinsperger abstaining from the vote on By-law No. 87-101, on conflicts of interest previously recorded in Report No. F-87-30; Alderman Orr voting contrary on By-law No. 87-101 as previously recorded in Report No. F-87-30; 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. 87-89 - A by-law respecting sick leave credits, pensions and other benefits for employees. No. 98-90 A by-law to authorize the execution of an agreement with Economy Paving Company (St. Catharines) Limited for curb, gutter and base asphalt construction in the Westway Sudbdivision. No. 87-91 A by-law to authorize the execution of an agreement with James E. Barnes, carrying on business as Grounds Master Commercial Lawn & Tree Service for mowing weeds on private lots. No. 87-92 - A by-law to authorize the execution of an agreement with Earl Murchie. No. 87-93 A by-law to authorize the execution of an agreement with Steed and Evans Limited for curb, gutter and base asphalt construction in the Moretta Estates Subdivision - Stage III. No. 87-94 A by-law to authorize the execution of an agreement with Steed and Evans Limited for road rehabilitation in the Cherrywood Acres Subdivision. No. 87-95 - A by-law to authorize a Release. (Part 2, Plan 59R-5285). No. 87-96 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. 87-97 A by-law to amend By-law No. 79-200, as amended. (Ameri-Cana Motel Ltd., parking lot between Buchanan & Stanley Avenues - Report PD-87-28 approved by Council March 9/87). No. 87-98 - A by-law to Motel Ltd., approved by amend By-law No. 79-200, as amended. (Ameri-Cana Pyramid Place, 5400 Robinson St. - Report PD-87-28 Council March 9/87). No. 87-99 - A by-law to designate certain land not to be subject to part lot control. (N. Weaver, Fern Ave. & Cooper Dr.). No. 87-100 - A by-law to authorize a fee of $6.00 to be charged for a tax certificate. No. 87-101 - A by-law to provide monies for general purposes. No. 87-102 - A by-law to authorize the execution of an agreement with Bard- Rock Paving Company Limited for Portage Road pedestrian bridge restoration. The motion Carried with Aldermen Campbell and Hinsperger abstaining from the vote on By-law No. 87-101, on conflicts of interest previously recorded; Alderman Orr voting contrary on By-law No. 87-101, as previously recorded; and with all others voting in favour. - 14 - NEW BUSINESS Frank Kosmerly - Frank's Fries - The Clerk advised that Mr. Frank Kosmerly was issued a Refreshment Vehicle Licence to sell french fries and he arranged accommodation for this activity across from the Casa D'Oro on Victoria Avenue. The Clerk stated that a complaint had been received that the business operation was in contravention of a City by-law, because it was less than 200 feet of an eating establishment. Mr. Kosmerly was granted permission to address Council. He explained that he had leased the property from the Skylon for six months, that the two restaur- ants closest to his operation were not opposed to his business, and that he is now out of a Job". ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the matter be tabled for six months. The motion was Defeated with the following vote: AYE: Aldermen NAYE: Aldermen Puttick. Campbell, Cheesman, Cummings, and Orr. Baker, Coville, Harrington, Hinsperger, Hopkins, Pay, and It was moved by Alderman Baker, seconded by Alderman Pay, that the by-law be enforced. It was moved by Alderman Cummings, seconded by Alderman Cheesman, that the matter be tabled for 2 weeks for a report from Staff. The motion to table which took precedence, Carried with the following vote: AYE: Aldermen Campbell, Cheesman, Coville, Cummings, Harrington, Hinsperger, Orr, and Puttick. NAYE: Aldermen Baker, Hopkins, and Pay. ITEM OF CONCERN: Staff RePresentation/Council Meetings - His Worship Mayor Smeaton discussed his concern regarding the lack of Staff representation at Council Meetings. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that a Staff representative from each City department be in attendance for the duration of Council meetings. Carried Unanimously. City Float - Alderman Campbell referred to the participation of the City Float in future Blossom Festival Parades, and suggested a contact be made with local High Schools regarding maintenance of the float. His Worship Mayor Smeaton advised that the matter would return to Council for consideration after Labour Day. ITEMS OF INTEREST: Social Planning Council/Poverty Study - Alderman Cummings advised that on May 12th, 1987 the Social Planning Council would hold its monthly meetlng and authorization would be sought to make a short Presentation to City Council on May 25th, 1987, regarding the Poverty Study". Alderman Cummings further advised that the Social Planning Council would hold a public forum at the LaMarsh Room, Niagara Falls Public Library on May 26th, 1987, from 7|00 p.m. to 9|00 p.m. regarding the Poverty Study. Summer Store Hours - Alderman Campbell requested further information regarding action taken with respect to a letter from the Niagara Falls Visitor & Convention Bureau concerning summer store [tours. The Chief Administrative Officer stated that a meeting had been scheduled to consider the matter. - 15 - S.en~pr Store Hours - Alderman Campbell requested further information regarding action taken with respect to a letter from the Niagara Falls Visitor & Convention Bureau concerning summer store hours. The Chief Administrative Officer stated that a meeting had been scheduled to consider the matter. Miss Niagara - Christine Pasco - In response to an enquiry from Alderman Pay, His Worship Mayor Smeaton advised that a letter of congratulations had been forwarded to Miss Christine Pasco with respect to her achievement as Miss Niagara. It was moved by Alderman Puttick, seconded by Alderman tIarrington, that the meeting adjourn. Carried READ AND ADOPTED, MAYOR S. SMEATON TWENTIETH MEETING COMMITTEE OF THE ~{OLE Committee Room #1 May 25, 1987 Council met on Monday, May 25th, 1987 at 6:45 p.m. in Committee of the Whole. All members of Council were present. Alderman Pay presided as Chairman. Following consideration of the arose to report in open session presented, the Committee of the Whole READ AND ADOPTED, C~I,TY 'bLERK REGULAR MEETING MAYOR S. SMEATON Council Chambers May 25, 1987 Council met on Monday, May 25th, 1987 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 Janvary 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 May llth, 1987, be adopted as printed. Carried Unanimously. OVERNIGHT PARKING - DEPUTATIONS Mr. Leonard Pirillo, who had requested permission to address Council regarding the subject matter, was not in attendance. ~EGION~ NIAGARA LAND DIVISION COMMITTEE - Cossunication No. 161 - Regional Niagara Land Division Committee - Re: Meeting. The communication confirms that the Land Division Committee will be in attendance at the Council meeting on May 25, 1987. Mr. John Moyer, Chairman; Mr. Blake Steele, Past-President; Mr. Elmer Neufeld, Vice-Chairman; Messrs Bic Edwards, and Mr. Peter Pasquet, members of the Executive Committee; and Mr. Gary A. Cook, Secretary-Treasurer of the Land Division Committee were in attendance. Mr. Cook, Mr. Pasqust and Mr. Moyer discussed the increase in the number of applications to the Land Division Committee, provided a brief description of the Committee and the procedures followed upon receipt of applications, and responded to questions raised with respect to rural land severances. Mr. Pasquet expressed appreciation to members of Council and City Staff for their assistance and cooperation. DOWNTOI/N NIAGARA FALLS, 'I~VIKWS' FASHION SHOW - Comsunication No. 162 - Downtown Niagara Falls - Re.' "New Views" Fashion Show. The communication provides information regarding the aforementioned Show. and advises that re resentatives will be in attendance at the Council meeting on May 25th, 1987 to discuss the event· 2 Mrs. Marg Nagy, Coordinator, Downtown Board of Management; and Ms. Theresa Iamarino, R & T Productions, were in attendance to discuss the "New Views" Fashion Show scheduled for June 13th, 1987. Ms. Iamarino reviewed the planned activities for the 1987 Fashion Show, and responded to questions raised with respect to last year's events. She requested fundlug assistance from the City for advertising. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Orr, that financial assistance in the amount of $750.00 for a banner and/or advertisement, be approved for the "New Views" Fashion Show, through the Downtown Board of Management. The motion Carrled with the following vote: AYE: Aldermen Campbell, Cheesman, Cummings, Herrington, Hinsperger, Hopkins, Janvary, Orr, Pay, and Puttlck. NAYE: Aldermen Baker and Coville. MI/-87'102~ Le0NTRACT. S.R.. 11-87 - SIDEWALK RKPAIRS - Report No. MW-87-02 - Chief Administrative Officer - Re: Contract S-R. 11-87, 1987 Sidewalk Repairs. The report recommends that the unit prices submitted by the low tendeter, Sacco Construction Limited, be accepted and that the by-law appearing on tonight's agenda, awarding this contract, be passed subject to O.M.B. approval of proposed Local Improvement By-law 87-52. Mr. Angelo Butera, and Mr. Sam DeRose representing Master Paving & Construction (Niagara Falls) Ltd. were in attendance. Mr. DeRose explained the delay in delivery of the bond, and the reissue of a TELEX FACS copy, known as a legal document prlor to the tender opening. During the discussion, the Chief Administrative Officer reviewed the procedure followed by City Staff, and the Solicitor advised that the require- ments of the City are that the bonding document must be originally signed and sealed. ORDERED on the motion of Alderman Orr, seconded by Alderman Herrington, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Cummings, Herrington, Hopkins, Janvary, Orr, Pay, and Puttick. NAYE: Aldermen Campbell, Cheesman, Coville, and Hinsperger. See Resolution No. 45. See By-law No. 87-109. CANADIAN CYSTIC FIBROSIS FOUNDATION - ~ Communication No. 163A (HANDOUT) - Canadian Cystic Fibrosis Foundation - Re: Benefit - June 13, 1987, Optimist Youth Park. The communication provides infor- mation regarding the aforementioned Benefit for Cyclic Fibrosts Research. - AND - Cosaunication No. 163B (HANDOUT) - Robert Jo Keep, Band Leader, The Rubber Band - Re: Funds for Cystic Fibrosis. The communication invites attendance at the final performance of "The Rubber Band" to raise funds for Cystic Fibrosis. Mr. Keep discussed his proposed transfer to Saskatoon, Saskatchewan; the planned performance to benefit the Cystic Fibrosis Foundation; and invited all present to participate. Ms. Sandra Brtghty, Publicity & Promotions, and Mark Allaster, Project Co- ordinator, Canadian Cystic Fibrosis Foundation, were in attendance to provide an overview of Cystic Fibrosis actions taken to combat the disease, and respond to questions raised. During tbe discussion the Parks & Recreation Director was asked to assist in promoting the fund raising event. -3- UNFINISHED BUSINESS PROPOSED 'SMOKING BY-LAW' - Report -alderman Cheesman- Re: Proposed "Smoking By-law". The report recommends the following: 1) That a Smoking By-law containing the following provisions be considered by Council; and 2) That a public meeting be held in the near future to permit members of the public to express their views on the provisions of the proposed Smoking By-law; and 3) That, subsequent to the public meeting, a by-law reflecting comments from that meeting be presented for formal discussion by this Council. Dr. Anne Carter, Mrs. Debbie McCulloch, Health Educator for the Regional Health Services Department, and Mr. Charles Clayton, Niagara Interagency Council on Smoking & Health, were in attendance. Dr. Carter reviewed actions taken within the Region to promote non-smoking by-laws; discussed the health effect of smoking on smokers and non-smokers; and provided statistical data to support the need for legislation. Mr. Clayton discussed actions taken to educate children on the effects of smoking; provided supporting statistical information; and outlined progress made by Municipalities in Ontario to provide smoking by-laws. He stressed the need for enforcement through signing. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Puttick, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Coville, Cummings, Harrington, Hinsperger, Hopkins, Janvary, Pay, and Puttick. NAYE: Alderman Orr. 'PO1/BRTY'S CHILDRENt - DISCUSSION PAPER - Communication No. 164 - Social Planning Council of Niagara Falls - Re: ~Poverty's Children' - Discussion Paper. The communication attaches copies of the aforementioned Discussion Paper. Mr. Gary Enskat, President, Mrs. Selina Volpatti, President Designate, and Mrs. Julie Darnay, Research Administrator, Social Planning Council, were in attendance. Mrs. Darnay summarized the Discussion Paper for Public Forum, Poverty's Children, and invited suggestions and comments regarding the Public Forum scheduled for May 26th, 1987, at 7:00 p-m., in the LaMarsh Room, Niagara Falls Public Library. FDNI)II~ FOR MUNICIPAL ROADS - Conmaunication No. 165 - Premier of Ontario - Re: Funding for Municipal Roads. The communication advises that the Ontario Good Roads Association's request for further funding will be considered in context of other priorities in the development of the Budget. ORDERED on the motion of Alderman Cummings, seconded by Alderman Herrington, that the communication be received and filed pending details of the Ontario budget. Carried Unanimously. MW-87-I03, CROSSINC GUARD/CORNER OF McLKOD & DORCaSTIER ROADS - Report No. MW-87-103 - Municipal Parking & Traffic Committee - Re: Crossing Guard at the Corner of McLeod Road and Dorchester Road. The report recommends the following: 1) That a second Crossing Guard be placed at the intersection of McLeod Road and Dorchester Road for a trial period of one year; and -4- 2) That Staff report back to the Municipal Parking & Traffic Committee and Council at the end of the one year period on the effectiveness of this procedure. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. COMMUNICATIONS No. 166 - Regional Niagara Office of the Clerk - Re: 1987 Regional Tax Levy. The communication attaches a copy of By-law 4644-87 entitled, "A By-law to Levy Against the Area Municipalities for the Sums of Money Required During the Year 1987 for the General Purposes of the Regional Corporation". ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. No. 167 - Knights of Columbus - Re: Proclamation. The communication asks Council to proclaim the week of June 22 to 26, 1987, as "Knights' of Columbus Week". ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the request be approved subject to established policy. Carried Unanimously. No, 168 - The Niagara Chapter, The Association of Professional Engineers of Ontario - Re: Proclamation. The communication asks Council to proclaim the week of September 28 to October 3, 1987, as "Engineering Centennial Week", and requests further participation in the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the communication be referred to Staff for a report. No. 169 - Canadian Polish Society - Re: Slo-Pitch Tournament - July 10 - 12, 1987, Niagara Sports Centre. The communication requests approval of a Special Occasion Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that Council indicate that it has no objection to the issuance of a special occasion permit to the Canadian Polish Society for a Slo-Pitch Tournament to be held at the Niagara Sports Centre, on July 10, 11 and 12th, 1987, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Hsalth Services Department, and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 170 - N.H.L. Slo-Pitch Challenge - Re: N.H.L. Slo-pitch~Tournament - June 2nd, 1987, Niagara Falls Memorial Arena. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that Council indicate that it has no objection to the issuance of a special occasion permit to the N.H.L. Slo-Pitch Challenge for its Tournament to be held at the Niagara Falls Memorial Arena on June 2nd, 1987, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Health Services Department, and the Liquor Licensing Board of Ontario. Carried Unanimously. No, 171 - N,H.L. Slo-Pitch Challenge - Re: N.H.L. Slo-Pitch Tournament - June 18 - 20, 1987, Niagara Falls Memorial Arena. The communication requests a Special Occasion Permit for the event, ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that Council indicate that it has no objection to the issuance of a special occasion permit to the N.H.L. Slo-Pitch Challenge for its Tournament to be held at the Niagara Falls Memorial Arena, on June 18, 19 and 20th, 1987, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Health Services Department, and tile Liquor Licensing Board of Ontario. Carried Unanimously. -5- No. 172 - Celebrate The Spirit Olympic Torch Relay Celebration Co~mmittee - Re: Olympic Torch Relay. The communication advises that the torch relay will pass through the City of Niagara Falls on December 26th, 1987, and further, that information entitled, "Your Guide to Community Events in Celebration of the Olympic Torch Relay" will be forwarded at an early date. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be received and filed. Carried Unanimously__. No. 173 - County of Lambton - Re: U.I.C. Premium Reduction Sharing With Employees. The communication asks Council to endorse a resolution to petition the Federal Government for a review of legislation regarding the subject matter. It was noted that this matter is governed by negotiated agreements with C.U.P.E., the Firefighters, and the policy of the Corporation. ORDERED on the motion of Alderman Puttick, seconded by Alderman Pay, that the communication be received and filed. Carried Unanimously. No. 174 - Association of Municipalities of Ontario (AMO) - Re: ANO Discussion Paper on Lot Levies and Front-end Financing. The communication attaches the aforementioned Paper for comments. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the communication be referred to Staff. Carried Unanimously. No. 175 - Township of Cumberland - Re: Provincial Regulations Governing Supply of Gas. The communication asks Council to endorse a resolution petitioning the Province of Ontario to require the installation of exterior shut-off valves for multiple dwellings. The Fire Chief stated that there had been no problem in this community, and expressed the opinion that the communication should be received and filed. ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that ttle communication be received and filed. Carried Unanimously--. No. 176 - The Royal Canadian Legion - Re: Church Parade. The communication requests a Parade Permit for the Church Parade to be held on June 14th, 1987. ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the request be approved, and that Emergency Services be advised of the route. Carried Unanimously. REPORTS C-87-10 - Chief Administrative Officer - Re: Lot 22, Registered Plan 243, known as 6015 Progress Street. The report recommends that Council approve of the transfer of ownership from Lake Ontario Cement Limited to a corporation named 155290 Canada Inc. of the lands described as Lot 22, Registered Plan 243, subject to the firm complying with the following outstanding requirements: (a) installation of the continuous 6-inch curbing between the parking and driveway area and the landscaped areas; and (b) removal of rubbish from the rear yard of the property. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. CD-87-39 - Chief Administrative Officer - Re: Proposed Plan of Subdivision, Drummond Park Village Ext. i (Revised), File No. 26T-80003. Owners: 687876 Ontario Limited; Agent: Group 2 Development Limited. The report recommends that the City Clerk be authorized to process the application for the Drummond Park Village Ext. 1, (Revised) Subdivision and that a report be prepared for Council~s further consideration of this plan, based on technical information received, public input, etc. Alderman Covtlle declared a conflict of interest, because the firm she is employed with has a business interest. -6- Mr. A1 Gear, River Realty Development (1976) Inc., was in attendance to respond to questions raised. There was a negative response to Mayor Smeaton's request for concerns. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that the report he received and adopted. The motion Carried with Alderman Coville abstaining from the vote on a conflict of inte~est previously recorded, and with all others voting in fayour. C])-87-40 - Chief Administrative Officer - Re: Proposed Plan of Subdivision - Mount Carmel, File No. 26T-87013. Owners: River Realty Development Inc. The report recommends that the City Clerk be authorized to process the application for the Mount Carmel Subdivision and that a report be prepared for Council's further consideration of this plan based on technical information received, public input, etc. Mr. Stewart Branscombe, River Realty Development (1976) Inc., replied to questions raised regarding the proposed subdivision, and with the assistance of posted sketches, discussed the planned location of single and multiple family dwellings. ORDERED on the motion of Alderman Chessman, seconded by Alderman err, that the report be received and adopted. Carried Unanimously. CD-87-41 - Chief Administrative Officer - Re: Proposed Plan of Subdivision, Charnwood Extension, Pile No. 26T-87014. Owners: River Realty Development (1976) Inc. The report recommends that the City Clerk he authorized to process the application for the Charnwood Extension Subdivision and that a report be prepared for Council's further consideration of this plan based on technical information received, public input, etc. ORDERED on the motion of Alderman err, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. C-87-12 - Chief Administrative Officer - Re: Request for Reserve - Lot 22, Rag. Plan M-67. The report recommends that Council approve of the Request for Reserve from Sonya Term for Lot 22, Registered Plan M-67, until August 1, 1987. ORDERED on the motion of Alderman Pay, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. C-87-11 - Chief Administrative Officer - Re: Request for Reserve - Lot 23, Rag. Plan M-67. The report recommends that Council approve of the Request for Reserve from International Sew-Right Company for Lot 23, Registered Plan M-67, until June 30, 1987. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. FI]-87-04 - Chief Administrative Officer - Re: Purchase of Eight-Channel Dictaphone Vertrac Voice Communications Logging/Retrieval System. The report recommends that Council approve the purchase of an eight-channel Dictaphone Veritrac Voice Communications Logging/Retrieval System at a total cost of $Z5,025.16. ORDERED on the motion of Alderman Cummings~ seconded by Alderman Hinsperger, that the report he received and adopted. Carried Unanimously. R-87-17 - Chief Administrative Officer - Re: Pro Star Niagara Hockey School. 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 Orr, seconded by Alderman Pay, that. the report be received and adopted. Carried Unanimously, gee By-law No. 87-107. - 7- R-BY-19 - 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. The Parks & Recreation Director advised that the Canucks Uockey School from August 13th to September 5th, 1987.8:00 a.m. to 8:00 p.m., had been cancelled, and therefore, the schedule had been revised to eliminate these dates. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that the revised report be received and adopted. Carried Unanimously. R-87-20 - Chief Administrative Officer - Re: Swimming Pool Sandblasting. The report recommends that Kandu Pools and Spas Ltd. be awarded the contract to sandblast the Lion's Club Swimming Pool, at a cost of $8,900.00. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesmsn, that the report be received and adopted. Carried UnanimouslyZ PD-87-67 - Chief Administrative Officer - Re: Request for Building Permit, Part 3 of Reference Plan 59R-2700, Pt. Lot 8, Concession 4, Yokum Road- The report recommends that the request for a Building Permit for Part 3 of Plan 59R-2700 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 Coville, seconded by Alderman Hinsperger, that the report be received and adopted- Carried Unanimously. B-87-35 - Chief Administrative Officer - Re: The Building & Inspections Department Report for April 1987. The report provides information regarding Permits issued, and Highlights for April 1987, as well as May proposals. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that the report be received and filed. Carried Unanimously. MW-87-104 - Chief Adm~nistrative Officer - Re: Quotation for Gypsy Moth Control. The report recommends that Davey Tree Experts be retained at a cost of $76.00 per hour for spraying of Gypsy Moths. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. MW-87-105 -Municipal Works Committee - Re: Committee Reports. The report recommends the following: l) MW-87-92 - Rural Drainage - It is recommended that: (i) The Director of Municipal Works file a petition with the City Clerk in accordance with Section 4(1)(c) of the Drainage Act to initiate drainage works on certain watercourses within the City; (ii) The petition for drainage works cover problem numbers 1, 2, 3, 6, 8, 9, and 10 as described in a report entitled "Report on Rural Drainage Problems, City of Niagara Falls" s prepared by J. Bryon Wiebe Ltd., dated February 10~ 1987; and (ill)In the event that Council decides to act on the Director of Municipal Works' petition, the firm of J. Bryon Wiebe Ltd. be engaged to complete a preliminary drainage report for drainage works described in recommendation number 2 for an estimated cost of $29,200.00, ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Coville, that the recommendation be received and adopted. Carried Unanimously. 2) Mw-87-97 - Garbage Collection at Trailer Parks - It iS recommended that this information report be received and filed. Alderman Baker asked that the matter he tabled to allow further discussion with Ross Barr of gcott's Trailer Park with regard to the garbage pickup at hfs camping establishment. ORDERED on the motion of Alderman Baker~ seconded by Alderman Cummings, that the recommendation he tabled. The motion Carried with the following vote: 8 AYE: Aldermen Baker, Campbell, Cummings, Herrington, Hinsperger, Janvary, Pay, and Pnttick. NAYE: Aldermen Cheesman, Covllle, Hopkins, and Orr. ~!W-87-106 - Chief Ad~inistrative Officer - Re: Transfer of Road Allowances for Niagara Parks Commission Recreational Trail. The report recommends that the City approve the request of the Niagara Parks Commission to transfer to them the ends of several road allowances along the Niagara River Parkway (south of Chippawn) for purposes of constructing their recreational trail, subject to the Commission preparing all the necessary documentation and assuming all costs. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Janvary, that the report he received and adopted. Carried Unanimously. N1~-87-10? - Chief Administrative Officer - Re: Contract G.C. 12-87 - Sewermains, Watermains and Base Road Construction - Drummond Park Village - Stage II- The report recommends that the unit prices submitted by the low tendeter, Provincial Construction (Niagara Falls) Ltd. be accepted and this contract be awarded subject to receipt of the Ministry of the Environment's approval. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 46. See By-law No. 87-110. P-87-18 - Chlef Administrative Officer - Re: Aptitude Testing as Part of the Recruitment Process. The report provides information concerning aptitude tests as part of the recruitment process for department head positions, and recommends that the report be received for the information of Council. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Chaosman, Coville, Cummings, Hinsperger~ Hopkins, Janvary, Orr, Pay, and Puttick. NAYE: Alderman Herrington. P-87-17 (!IANDOIrE) - Chief Administrative Officer - Re: Staffing Adjustment, Planning Department. This report considered earlier in Committee of the Whole, recommends that the recommendations set out in the report be approved by Municipal Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. F-87-31 - Chief Administrative Officer - Re: 1987 Operating Budget and Tax Rates. The report recommends that Council adopt the following: 1) The 1987 Operating Budget in the amount of $79,203,600.00; 2) A by-law to provide for the appropriations for the year 1987; 3) A by-law to flx the rates of taxation for 1987 and to provide for the levying of taxes; 4) A by-law to provide for the collection of taxes for the year 1987. Alderman Orr stated that she was opposed to Expenditures for the YMCA, Code NO. 12240; and Code No. 12590: Holy Family Emergency Youth Accommodations, Niagara Falls Art Gallery, and Old St. John's Heritage, Alderman Puttick expressed opposition to Expenditures under Code No. 12590 for the Holy Family Emergency Youth Accommodations, and the Niagara Falls Art Gallery. Alderman Campbell declared a conflict of interest on Code No. 12240, YMCA, and Code No. 12590~ YMCA because the group is a client. -9- Alderman Cheesman declared a conflict of interest under Code No. 12594, Niagara Falls Public Library; and Code No. 12590, Co-ordinated Emergency Services, because members of his family are employed with the organizations. Alderman Cummings declared a conflict of interest under Code No. 12590, Stamford Centre Volunteer Firemen because be is a member of the organization. Alderman Harrington declared a conflict of interest under Code No. 12590, ~4CA because his wife is a former President of the group. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the report be received and adopted. The motion Carried with Aldermen Campbell, Cheesman, Cummings, and Herrington abstaining from the vote on conflicts of interest recorded previously; Alderman Orr and Alderman Puttick voting contrary as recorded previously; and with all others voting in favour. See By-law Nos. 87-103, 87-104 and 87-105. F-87-32 - Chief Adainistrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $9,355,578.21 for the period ending May 25, 1987 be approved by the passing of the by-law appearing later on the agenda. Alderman Cheesman declared a conflict of interest on Cheque No. 24290 because his wife is employed with the Board. Alderman Cummings declared a conflict of interest on Cheque No. 24324 because a member of his family is involved in the program. Alderman Hinsperger declared a conflict of interest on Cheque Nos. 24277, 24443, 24444, and 24470 because he is employed with the company. Additional information was provided on Cheque Nos. 24389, 24498, 24523, and 24527. ORDERED on the motion of Alderman Coville, seconded by Alderman Cheesman, that the report be received and adopted. The motion Carried with Aldermen Cheesman, Cummings, and Hinsperger abstaining from the vote on Cheque Nos. 24290, 24324, 24277, 24443, 24444, and 24470 consecutively, on conflicts of interest previously recorded; and with all others voting in favour. Report (ItANDO~f) - Chief Administrative Officer - Re: Holy Family Regional Niagara Youth Centre and Boys' Home. The report to the Finance Committee recommends that Municipal subsidization of Holy Family Regional Niagara Youth Centre and Boys' Home be terminated effective May 31, 1987. The Chief Administrative Officer advised that the Finance Committee recommended earlier today, that the City of Niagara Falls continue subsidizing the Home by maklng up any shortfall which may occur in the Regional funding, and further, that the City will guarantee that the Home will receive the amount of $1,666.00 per month to keep it operational for the remainder of 1987. ORDERED on the motion of Alderman Cummings, seconded by Alderman Herrington, that the recommendation of the Finance Committee be approved. The motion Carried with the following vote: AYE: Aldermen Campbell, Cheesman, Coville, Cummings, Herrington, Hinsperger, and Hopkins. NAYE: Aldermen Baker, Janvary, Orr, Pay~ and PuttiCk. CI)-87-38 - Chief Ad~Luistrative Officer - Re: Encroachments, 4769 Ryerson Crescent. The report recommends that the application to permit the continuation of encroachments of buildings upon the Ryerson Crescent road allowance be approved, and the necessary by-law be enacted by the City Council. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary~ that the report be received and adopted. Carried Unanimously. ~e BT-law No. 87-111. - 10 - CD-87-43 - Chief Administrative Officer - Re: 1987 Local Improvement Program - Proposed By-law No. 87-52. The report recommends that an appropriate application be submitted to the Ontario Municipal Board for the approval of all the works outlined in Schedule "A" to proposed Local Improvement By-law No- 87-52. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. Report - Alderman Chessman - Re: Proposed Visit to the Republic of South Africa. The report recommends that this report he 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. Report - Charles Chataway, Directors E.D.A. - Re: Joint Program with E.D.A. The report recommends that Council endorse a Joint program with the Economic Development Agency Inc. as enumerated in the report, to improve the appearance of the City's Industrial Parks. Mr. Chataway was in attendance to respond to questions raised. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 45 - ORR- !IARRINGTON - RESOLVED that the unit prices submitted by Sacco Construction Limited, for Contract S.R. 11-87 - 1987 Sidewalk Repairs, be accepted at the low tendered price of $139,826.00, subject to O.M.B. approval of proposed Local Improvement By-law 87-52; AND the Seal of the Corporation be hereto affixed. The motion Carried with Aldermen Campbell, Cheesman, Coville and Hinsperger voting contrary, and all others voting in favour. No- 46 - CD'~NGS - HINSPERGER - RESOLVED that the unit prices submitted by Provincial Construction (Niagara Falls) Ltd. for Contract G.C. 12-87 - Sewermains, Watermains and Base Road Construction - Drummond Park Village - Stage II, be accepted at the low tendered price of $589,940.90, subject to receipt of the Ministry of the Environment~s approval; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 47 - CD14NIN6S - HINSPER6ER - RESOLVED that Alderman Dona Coville be appointed Acting Mayor in the absence of His Worship Mayor William S. Smeaton, from Wednesday, May 27th, 1987 to Wednesday, June 3rd, 1987, inclusive; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No, 48 - ~!~BSHAN- PAY - RESOLVED that a message of condolence be forwarded to the family of the late Mrs. Rosalie Dennis, wife of long time Employee, Lloyd Dennis, a Lead Hand in the City Parks Department; AND the Seal of the Corporation be hereto affixed· Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: · · . · 11 - 11 - No. 87-103 - A by-law to provide for the appropriations for the year 1987. No. 87-104 - A by-law to fix the rate of taxation for 1987 and to provide for the levying of taxes. No. 87-105 - A by-law to provide for the collection of taxes for the year 1987. No. 87-106 - Withdrawn. No. 87-107 - A by-law to authorize the execution of an agreement with Pro-Star Niagara Hockey School, a division of Brother Sports Inc., for the use of the Niagara Falls Memorial Arena for a hockey school. No. 87-108 - A by-law to authorize the execution of an agreement with R.V. Anderson Associates Limited for engineering services respecting Portage Road slope stability. No. 87-109 - A by-law to authorize the execution of an agreement with Sacco Construction Limited for 1987 sidewalk repairs. No. 87-110 - 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 Drummond Park Village Subdivision - Stage II. No. 87-111 - A by-law to allow the maintaining and using of a building which encroaches on Ryerson Crescent. No. 87-112 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell, Chessman, Cummings and Harrington abstaining from the vote on By-law Nos. 87-103, 87-104, and 87-105 on conflicts of interest previously recorded in Report No. F-87-31; Aldermen Orr and Puttick voting contrary on By-law Nos. 87-103, 87-104, and 87-105 as previously recorded in Report No. F-87-31; Aldermen Campbell, Cheesman, Coville and Hinsperger vot- ing contrary on By-law No. 87-109 as previously recorded in Report No. ~-87-102; Aldermen Chessman, Cummings, and Hinsperger abstaining from the vote on By-law No. 87-112 as previously recorded in Report No. F-87-32; and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the following by-laws be now read a second and third time: No. 87-103 - A by-law to provide for the appropriations for the year 1987. 87-104 - A by-law to fix the rate of taxation for 1987 and to provide for the levying taxes. No. 87-105 - A by-law to provide for the collection of taxes for the year 1987. No. 87-106 - Withdrawn. 87-107- A by-law to authorize the execution of an agreement with Pro-Star Niagara Hockey School, a division of Brother Sports Inc., for the use of the Niagara Falls Memorial Arena for a hockey school. No, 87-108 - A by-law to authorize the execution of an agreement with R.V. Anderson Associates Limited for engineering services respecting Portage Road slope stability. 87-109 - A by-law to authorize the execution of an agreement with Sacco Construction Limited for 1987 sidewalk repairs. No, 87-110 - 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 Drummond Park Village Subdivision - Stage II. No, 87-111 - A by-law to allow the maintaining and using of a building which encroaches on Ryerson Crescent. .... 12 - 12 - No. 87-112 - To provide monies for general purposes. The motion Carried with Aldermen Campbell, Cheesman, Cummings and Harrington abstaining from the vote on By-law Nos. 87-103, 87-104 and 87-105 on conflicts of interest previously recorded; Aldermen Orr and Puttick voting contrary on By-law Nos. 87-103, 87-104 and 87-105 as previously recorded; Aldermen Campbell, Cheesman, Coville and Hinsperger voting contrary on By-law No. 87-109 as previously recorded; Aldermen Cheesman, Cummings and Hlnsperger abstaining from the vote on By-law No. 87-112 as previously recorded; and with all others voting in favour. ITEMS OF CONCERN: Council Meetings/Staff Representation - Alderman Puttick referred to the motion passed at the May llth, 1987 meeting requiring that a representative of Senior Management in each City Department be in attendance during each Council meeting. The Chief Administrative Officer advised that information was being received from other Municipalities, with respect to Council meeting procedures, and a report would be submitted at a later date. City Landfill Site - Alderman Campbell discussed his concerns regarding garbage disposal by non-residents at the Niagara Falls City Landfill Site, and the inadequacy of the current check for residency at the Site. He further referred to a "white, greyish powder" on the ground at the Landfill Site, and the possibility of it being a restricted material. The Design & Construction Engineer explained the system for the checking of residency at the Landfill Site. He advised that the white/grey powder would be investigated. Lttter/A,J. McKinley Park - Alderman Campbell discussed the concern of residents regarding the maintenance system in the parks, and in particular, A-J. McKinley Park. He advised that residents were not allowing children to play in the park because of glass litter. Alderman Campbell suggested the possibility of a "neighbourhood watch" program. The Parks & Recreation Director explained the schedule of survey and maintenance, the complaints received in the past, abuse of park privileges, as well as vandalism, and explained the reluctance of some residents to express their concerns. He advised that his department is working with the Police on this matter, and a further investigation would be made. Via ~ail Service - Alderman Hopkins referred to the handout communication from Mr. Harvey Dust, St. Marys, Ontario, regarding the alterations in passenger train service on June 7th, 1987, in southern Ontario, the termination of a late-night train to Niagara Falls, and requesting Council to submit a protest to the Federal Government. His Worship Mayor Smeaton agreed to forward a communication to the Federal Government, expressing concerns regarding this matter. lYEMS OF INTEREST: Seather/Ontario Recycling - Alderman Janvary discussed the meeting she and Alderman Coville had artended on May 23rd, 1987, which had been sponsored by Ontario Recycling~ and reviewed the presentation and recommendations, Royal Visit - His Worship Mayor Smeaton referred to the ~pcoming visit to Niagara Falls by Prince Edward, and Lady Sarah, on July 18th, 1987, and stated that further information regarding the visit would be submitted at a later date. - 13 - It was moved by Alderman Cummings, seconded by Alderman Puttick that the meeting adjourn. Carried Unanimously. READ ~2qD ADOPTED, ~ENTY-FIRST MEETING CO~IITTEE OF THE WHOLE Committee Room #1 June 1, 1987 Council met on Monday, June lot, 1987 at 7:15 p.m. in Committee of the Whole- All members of Council, with the exception of His Worship Mayor Smeaton and Alderman Hinsperger, were present. Alderman Orr presided as Chairman. Following consideration of the arose without reporting. tted, the Committee of the Whole RPTED, MAYOR DONA COVILLE Council Chambers June 1, 1987 Council met on Monday, June lot, 1987 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 Alderman Hinsperger, were present. Acting Mayor Dona Coyills presided as Chairman. Alderman Orr 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 May 25th, 1987, be adopted as printed. Carried Unanimously. DEPUTATIONS BAMBI BSTATES SUBDIVISION - Report No, !tW-87-88 - Chief Administrative Officer - Re: Bambt Subdivision - Development of Park; - Opening of Graham Street. The report recommends the following: 1). That Council authorize Staff to develop Bambi Park with the seeding completed this Fall and the playground equipment installed, ready for use next year; 2) That Graham Street not be opened between Delta Drive and Montrose Road until such time as development on adjacent lands proceeds. Mr. Don Brauer, 6182 Glen Drive, Mrs. Janet Kilty, 7428 Petrullo Court, and numerous residents were in attendance. Mr. Brauer, discussed the actions taken at a recent meeting of the Bambi Ratepayers Association, and reviewed a written submission regarding the development of the park in the subdivision with recommendations respecting participation by area residents, park site and size, a development schedule, and requesting the preparation and fencing of the park for seeding in the fall. He discussed construction of a berm along the parkland and Rainbow Gardens subdivision, vacant lots being held for completion of the berm, and asked that the berm be completed. Mr. Brauer further asked Council to allow construction vehicles access to the adjacent development through Graham Street, and subsequent to development, the completion of the aforementioned street. Mr. Brauer asked that residents of Bambi subdivision be notified of further actions to be taken. Following a discussion, it was motive by Alderman Puttick, seconded by Alderman Herrington, that approval be granted to proceed with preparation for, and seeding the park in the fall of 1987; notification of the planned schedule to residents of Bambi subdivision, and the installation of equipment in 1988, with planning participation by residents of the aforementioned subdivision. Carried Unanimously. A lengthy discussion followed regarding the need for completion of the berm and the standards set out by the Ministry of Transportation and Communications, and the Ministry of the Environment, as well as the successors in title with respect to responsibilities in connection with the Subdivision Agreement. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Puttick that The Ministry of Transportation and Communications, the Ministry of the Environ- ment and current holder of the mortgage for the subdivision be contacted to ascertain alternative requirements for the proposed earthen harm, as soon as possible. Carried Unanimously. Following further discussion, it was moved by Alderman Orr, seconded by Alderman Pay, that Recommendation No. 2 in the report be adopted, that Graham Street not be opened between Delta Drive and Montrose Road until such time as development on adjacent lands proceeds. The motion was withdrawn. ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the matter of Graham Street be referred to the Municipal Works Committee for consideration. Carried Unanimously. OVERNIGHT PARKING - Mr. Philip Duca, 4759 Epworth Circle, discussed the lack of parking facilities on Epworth Circle, the ticketing of vehicles parked overnight, and non-ticketing of vehicles parked in this 24 hour retricted parking zone during daytime hours. Mrs. Donna Ross, 4733 Epworth Circle, was not in attendance. ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, that the matter be referred to the Parking & Traffic Committee for a resolution. Carried Unanimously. UNFINISHED BUSINESS PRONOTING INPORTED PRODUCTS - ~ommunication No. 177 - Ontario Restaurant News - Re: Promoting Imported Products. The communication refers to previous correspondence and advises that Ontario products, services and companies have been promoted in their publication, and refers to the proposed wine tour. ORDERED on the motion of Alderman Chessman, seconded by Alderman Pay, that the communication be received and filed. Carried Unanimously. COMMUNICATIONS No, 178 - gt. Ann's Church - Re: Parade. The communication Eequests Councll's approval of a Parade Permit for June 7th, 1987. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the request be approved, and Emergency Services be advised of the route. Carried Unanimously. No. 179 - The Royal Canadian Legion, Branch 51 - Re: Family Comradeship & Corn Roast - July llth, 1987, 5743 Valleyway. The communication asks Council to approve a Special Occasion permit for the event. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that Council indicate that it has no objection to the issuance of a special occasion permit to The Royal Canadian Legion, Branch 51, for its Family Comradeship and Corn Roast to be held at 5743 Valleyway, on July llth, 1987, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Health Services Department, and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 180 - CAA Ontario - Re: Funding - Ontario Roads. The communication supports the concern of the Ontario Good Roads Association with respect to the need for additional funds to upgrade roads. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Pay, that the communication be received and filed. Carried Unanimously. No, 181 - A Peal for Peace Canada - Re: Proclamation. The communication asks Council to proclaim September 15th, 1987 as "United Nations International Day of Peace". ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the request be approved subject to established policy. It was further recommended that the Carillon Tower and local Churches be contacted and asked to participate in the "Peal for Peace", and further, that this request be coordinated through Mayor Smeaton's office. Carried Unanimously. No. 182 - PAnister of Municipal Affairs - Re: Municipal Employment Equity Program. The communication attaches guidelines for the aforementioned Program and urges participation. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be referred to Staff. Carried Unanimously. No. 183 - A. Iseppon - Re: Greenery for the City. The communication commends the Ctty's efforts regarding the provision of greenery, and suggests the planting of trees on the west side of the landfill site. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the communication be referred to Staff. Carried Unanimously. No. 184 - Regional Niagara Public Works Department - Re: Water/Sewage Flows for April 1987. The communication attaches Report DEP-2535, Water and Sewage Flows by Municipality, Monthly Report for April 1987. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be received and filed. Carried Unanimously. No, 185 - Regional Assessment Commissioner - Re: Annual Report. The communication attaches the Annual Report of the Regional Assessment Commissioner and offers to meet with Council to review the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and filed. The motion Carried with the following VOte: AYE: Aldermen Baker, Campbell, Cheesman, Cummings, Harrington, Hopkins, Janvary, Orr, and Puttick. NAYE: Alderman Pay. Following a brief discussion, it was moved by Alderman Cheesman, seconded by Alderman Pay, that an informational meeting for public participation be scheduled with representatives of the Assessment Branch. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Herrington, Hopkins, Janvary, Pay, and Puttick. NAYE: Alderman Cummings and Orr. REPORTS C1)-87-42 - Chief Administrative Officer - Re: Proposed Plan of Subdivision, "Westview Estates" (the Marcon Plan); File No. 26T-87012; Owners: Arcangslo and Caroline Marcon. The report recommends that the City Clerk be authorized to process the application for the "Westview Estates" Subdivision and that a report be prepared for Council's further consideration of this plan based on technical information received, public input, etc. Mr. Robert Marcon was in attendance to respond to questions raised. ORDERED on the motion of Alderman Baker, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously_.. CD-87-44 - Chief Adsdnistrative Officer - Re: Surplus Municipal. Property, North Side of Bridge Street, Former Athletic Field, Part Lot 92, Former Township of Stamford, now in the City of Niagara Falls. The report recommends that Council determine if it wishes to dispose of the surplus property located on the north side of Bridge Street, east of Victoria Avenue to the high bidder having regard to the Opinion of Value obtained. . . . . 4 -4- - AND - Conmuntcation No, 186 - Collins Canadian Concessions - Re: Bridge Street Property. The communication advises that an industrial incubator mall is being proposed for development on the subject lands. Acting Mayor Coville advised that she had received a letter earlier today from Paviele Enterprises Inc., St. Catharfnes, containing an offer regarding the subject lands. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Harrington, that the letter not be read. Carried Unanimously. Mr. Hugh Heuser, Heuser's Welding & Steel Works Ltd., explained that the subject property was required for expansion of their business. Mr- Peter Wassill, Assistant Manager. A-1 Floor & Wall Coverings, advised that the company wishes to expand and transfer its location. ORDERED on the motion of Alderman Pay, seconded by Alderman Puttick, that the sale of this property not be approved at the present time. Carried Unanimously. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the matter be referred to Staff for consideration of a policy of making avail- able to tenderers, the City's opinion of value for property being offered for sale; that in instances of competing industries interested in the same property, these be referred to the Economic Development Agency for comment; and where other circumstances are generally equal, the City should consider acceptance of adjoining property owners. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Cummings, Harrington, Hopkins, Janvary, Pay, and Puttick. NAYE: Alderman Orr. M-87-O6 - Mayor Smeaton - Re: Renovations - Courthouse Building. The report recommends that the City approve in principle the renovations proposed for the Courthouse on the understanding that the Province of Ontario will under- write the entire cost. It was moved by Alderman Pay, seconded by Alderman Harrington, that the report be received and adopted. During the discussion, Alderman Puttick pointed out that the need for "proper Courthouse facilities" was a long standing one, and further, that it would appear advisable to contact the Provincial Government regarding the matter at this time. It was moved by Alderman Puttick, seconded by Alderman ~anvary, that the report be tabled, and a small Committee of Council formulate a proper represent- ation to the Ministry for a Courthouse. The motion to table, which took precedence, Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Cummings, Harrington, Janvary, Orr, Pay and Puttick. NAYE: Alderman Hopkins. C-87-13 - Chief Administrative Officer - Re: Closing and Sale of Part of Salisbury Place Road Allowance - Charnwood Subdivision - Plan M-53. The report recommends that the part of the Salisbury Place road allowance which will no longer be required upon the registration of the Charnwood Extension Subdivision be closed and conveyed to the abutting owner, subject to the following conditions: 1) Payment to the Municipality of a sum equivalent to the per acre rate paid by the subdivider of the adjoining lands; 2) The applicant being responsible for all costs incurred by the City, i.e., surveys, legal expenses, advertising, etc.; 3) Registration of the Charnwood Extension Subdivision in order to allow the westerly extension of Salisbury Place. -5- ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. S-87-09 - Chief Administrative Officer - Re: Proposed Closing and Sale of Walkway 81(3) from Cattell Drive to Tramore Crescent. The report recommends that Council take the following action with respect to the proposed closing of the public walkway between Cattell Drive and Tramore Crescent: 1) Pass the by-law appearing on tonight's agenda to authorize an agreement with the abutting owners respecting the sale of parts of the walkway, when closed; 2) Pass the by-law to assume the walkway. 3) Authorize the City Solicitor to proceed with the publication in the Niagara Falls Review of the required notice of a by-law to authorize the closing and sale of the walkway. 4) Authorize the City Solicitor to instruct Matthews & Cameron Ltd., Ontario Land Surveyors, to undertake the preparation and deposit of a reference plan in the Land Registry Office showing the walkway divided into four parts. ORDERED on the motion of Alderman Baker, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See By-law No. 87-123, and By-law No. 87-124. S-87-10 - Chief Administrative Officer - Re: Closing and Sale of Parts of Hillside Place (formerly Falls Avenue). The report recommends that Council pass the by-law appearing on tonight's agenda to authorize the stopping up and closing and sale of part of Hillside Place to Maple Leaf Investments Inc., after first hearing any person who claims that his land will be prejudicially affected by the by-law, and who applies to be heard. Aldermen Hopkins and Janvary declared conflicts of interest because members of their family are employed at the Village. Following a brief discussion, it was moved by Alderman Pay, seconded by Alderman Harrington, that the property not be sold until the traditional Opinion of Value has been received. The motion was Defeated with Aldermen Hopkins and Janvary abstaining from the vote on conflicts of interest previously recorded, and with the following vote: AYE: Aldermen Campbell, Harrington, Orr, and Pay. NAYE: Aldermen Baker, Cheesman, Cummings, and Puttick. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the report be received and adopted. The motion Carried with Aldermen Hopkins and Janvary abstaining from the vote on conflicts of interest previously recorded, and with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Cummings, and Puttick. NAYE: Aldermen Harrtngton, Orr, and Pay. See By-law No. 87-116. R-87-18 - Chief Administrative Officer - Re: Swimming Pool Rental - Y.M.C.A. The report recommends that the City extend the agreement with the Y.M.C.A. for the provision of public swimming hours in return for a rental fee of $50.00 per hour. Alderman Campbell declared a conflict of interest because the organization is a client. 6 ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, 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: Aldermen Baker, Cheesman, Cummings, Harrington, Hopkins, Janvary, Pay and Puttick. NAYE: Alderman Orr. R-87-22 - Chief Administrative Officer - Re: Oakes Park Backstop. The report recommends that Staff be authorized to request Sheppard Fence Company Inc. to remove the existing backstop and install a new one at Oakes Park Diamond #1 for a total cost of $11,900.O0. Alderman Pay referred to the bleacher seats at Oakes Park, and stated that these need to be restained and resealed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. R-87-23 - Chief Administrative Officer - Re: Pool Chemicals. The report recommends that approval be given to place an order with Kandu Pools and Spa for the purchase of chlorine and other chemicals for the operation of the swimming pools. The cost for this order is approximately $20,000.00, which has been included in the 1987 Budget- ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. B-87-37 - Chief Ad~nistrative Officer - Re: Appointment of Weed Inspectors. The report recommends that Ronald A. Waters, John Wayne Allan and Jack Milne be appointed as Weed Inspectors for the City of Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. See By-law No. 87-114. B-87-38 - Chief Administrative Officer - Re: Appointment of By-law Enforcement Officers. The report recommends that Ronald A. Waters and John Wayne Allan be appointed as Municipal Law Enforcement Officers for the purpose of enforcing the by-laws of the City of Niagara Falls. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. Seq By-law No. 87-113. 1~-87-108 - Chief Administrative Officer - Re: Subsurface Investigations for Sewers and Road Base Design Within the West Meadow and Hillsdale Estates Subdivisions. The report recommends that the services of Trow Ontario Ltd. be engaged at a cost of $5,000.00 to undertake subsurface investigations for the purpose of aidlug sewer and road base design for West Meadow and Hillsdale Estates Subdivisions upon receipt of funds from the Developers of these two Subdivisions to cover the cost of this work. Alderman Cummings declared a conflict of interest because he is employed with one of the companies involved. ORDERED on the motion of Alderman Pay, 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 with al~ others voting in fayour. W~-87-109 - Chief Administrative Officer - Re: Storm Sewer Easement Agreement for Niagara Regional Police Building. The report recommends that the by-law appearing on tonight's Council agenda be given the necessary readings to authorize the execution of the easement agreement in favour of the Regional Mun~cipality of Niagara. ORDERED on the motion of Alderman Pay, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. F-87-33 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,420,923.42 for the period ending June 1, 1987 be approved by the passing of the by-law appearing later on the agenda. Alderman Cheesman declared a conflict of interest on Cheque No. 24642 because his wife is employed with the Board. Alderman Cummings declared a conflict of interest on Cheque No. 24570 because a member of his family is involved in the program. Alderman Harrfngton declared a conflict of interest on Cheque No. 24580 because he is employed by the Board. Additional information was provided on Cheque Nos. 24636 and 24577. ORDERED on the motion of Alderman Pay, seconded by Alderman Hopkins, that the report be received and adopted. The motion Carried with Aldermen Cheesman, Cummings and Harrington abstaining from the vote on Cheque Nos. 24642, 24570 and 24580 consecutively, on conflicts of interest previously recorded; Aldermen Orr and Puttick voting contrary on Cheque No. 24621; and with all others voting in favour. F-87-34 - Chief Administrative Officer - Re: Niagara Falls Hydro Electric Commission Borrowing By-law. The report recommends that Council adopt the by-law appearing on this evening's agenda to authorize the borrowing of $700,000.00 for the Niagara Falls Hydro Electric Commission, ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried UnanimouslyL See By-law No. 87-120. CD-87-45 - Chief Administrative Officer - Re: Airport Drainage System - Appointment to Court of Revision. The report recommends that Council pass the By-law appearing later on the agenda to appoint Mr. Edison Sherar as the Niagara Falls representative on the Town of Niagara-on-the-Lake Court of Revision to consider appeals for the Airport Drainage System. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the report be received and adopted. Carried UnanimouslyL See By-law No. 87-121. RESOLUTION No. 49 - CHEESMAN - CUMMINGS - 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, wbether 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 Unanimously. BY-LAWS 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. 87-113 - A by-law to amend By-law No. 83-149 as amended, being a by-law to appoint municipal law enforcement officers. No, 87-114 - A by-law to provide for the appointment of Municipal Weed Inspectors. -8- Ro, 87-115 - A by-law to amend By-law No. 79-200, as amended. (AM-36-86, Executive Motel - Armands &Amalia Leo, 5706 Ferry St. - Applica- tion approved by Council March 9/87). No. 87-116 - A by-law to stop up and close and to authorize the sale and coveyance of Hillside Place. No. 87-117 A by-law to authorize an easement in favour of The Regional Municipality of Niagara. (Pt. Lot 14, Blk. M, Plans 999 & 1000 - Pt. 1, 59R-5220). No. 87-118 - A by-law to authorize the execution of an agreement with Garry Boutilier and Judy Boutilier. No. 87-119 - A by-law to authorize the execution of an agreement with DelCan, DeLeuw Cather, Canada Ltd. for engineering services respecting Erie Avenue and Queen Street reconstruction and streetscaptng. No. 87-120 - A by-law to authorize the borrowing of $700,000.00 for purposes of the Niagara Falls Hydro-Electric Commission and the issue of debentures therefor. No. 87-121 - A by-law to appoint a member to a Court of Revision under The Drainage Act. No. 87-122 - A by-law to authorize an agreement with Woodington Systems Inc. regarding the holding of a "Hazardous-Waste Day". No. 87-123 - A by-law to assume a public walkway in Registered Plan 16 for the former Village of Chippawa, now known as Plan 265. No. 87-124 - A by-law to authorize an agreement with the owners of land abutting the public walkway between Cattell Drive and Tramore Crescent. No. 87-125 - A by-law to provide monies for general purposes. The motion Carried with Alderman Hopkins voting contrary on By-law No. 87-115; Aldermen Hopkins and Janvary abstaining from the vote on By-law No. 87-116, on conflicts of interest previously recorded in Report No. S-87-10; Aldermen Herrington, Orr, and Pay voting contrary on By-law No. 87-116; Aldermen Cheesman, Cummings and Harrington abstaining from the vote on By-law No. 87-125 on conflicts of interest previously recorded in Report No. F-87-33; Aldermen Orr and Puttick voting contrary on By-law No. 87-125 as previously recorded in Report No. F-87-33; 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- 87-113 - A by-law to amend By-law No. 83-149 as amended, being a by-law to appoint municipal law enforcement officers. No. 87-114 - A by-law to provide for the appointment of Municipal Weed Inspectors. No. 87-115 - A by-law to amend By-law No. 79-200, as amended. 87-116 - A by-law to stop up and close and to authorize the sale and conveyance of Hillside Place· No. 87-117 - A by-law to authorize an easement in favour of the Regional Municipality of Niagara. 87-118 - A by-law to authorize the execution of an agreement with Garry Boutilier and Judy Boutilier. No, 87-119 - A by-law to authorize the execution of an agreement with DelCan, DeLeuw Cather, Canada Ltd. for engineering services · ~l~i.e Avenue and Queen Street reconstruction and -9- No. 87-120 - A by-law to authorize the borrowing of $700,000.00 for purposes of the Niagara Falls Hydro-Electric Commission and the issue of debentures therefor. No. 87-121 - A by-law to appoint a member to a Court of Revision under The Drainage Act. No. 87-122 - A by-law to authorize an agreement with Woodington Systems Inc. regarding the holding of a "Hazardous-Waste Day". No. 87-123 - A by-law to assume a public walkway in Registered Plan 16 for the former Village of Chippawa, now known as Plan 265. No. 87-124 - A by-law to authorize an agreement with the owners of land abutting the public walkway between Cattell Drive and Tramore Crescent. No. 87-125 - A by-law to provide monies for general purposes. The motion Carried with Alderman Hopkins voting contrary on By-law No. 87-115; Aldermen Hopkins and Janvary abstaining from the vote on By-law No. 87-116, on conflicts of interest previously recorded; Aldermen Harrington, Orr, and Pay voting contrary on By-law No. 87-116; Aldermen Cheesman, Cummings and Harrington abstaining from the vote on By-law No. 87-125 on conflicts of interest previously recorded; Aldermen Orr and Puttick voting contrary on By-law No. 87-125 as previously recorded; and with all others voting in favour. NEW BUSINESS ITEMS OF CONCERN: Parking Problem/Cataract Savings & Credit Union Ltd. - Alderman Cummings referred to a problem with respect to inadequate parking facilities at the Credit Union on Huggins Street, and asked that the Chief Administrative Officer contact Mr. David Benny, Manager of the Credit Union, in order to schedule a meeting with the School Board and Credit Union to resolve the situation. Huron Street Traffic - Alderman Cummings discussed the danger of vehicles travelling the wrong way on Huron Street which has been designated a one-way street, and requested that the problem be referred to the Parking & Traffic Committee. Closing/Miracle Hart - Alderman Campbell initiated a discussion regarding the upcoming closing of the Miracle Mart store on Victoria Avenue. Alderman Puttick advised that a larger development, with more variety, was planned for the area. ITI~,S OF INTHREST: Canada Day - July 1, 1987 - Alderman Janvary advised that a grant had been received from the Secretary of State to assist in the funding for Canada's 120th birthday, and that a report would be submitted with respect to planned events at an early date· Public NeetinS/Smoking By-law - Alderman Cheesman advised that a Public Meeting to consider the proposed Smoking By-law had been scheduled for Juue 10th, 1987 at 7:00 p.m. in the Council Chambers, and that a notice would be published in the newspaper. - 10 - It was moved by Alderman Puttick, seconded by Alderman Pay, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, ACTING MAYOR DONA COVILLE TWENTY-SECOND MEETING COMMITTEE OF THE WHOLE Committee Room #1 June 8, 1987 Council met on Monday, June 8th, 1987 at 7:25 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Orr, were present. Alderman Puttick presided as Chairman. Following consideration of the arose without reporting. esented, the Committee of the Whole READ AND ADOPTED, PLANN MEETING MAYOR WIL S. SMEATON Council Chambers June 8, 1987 Council met on Monday, June 8th, 1987 at 7:30 p.m. for the purpose of considering Planning Matters and regular business. All members of Council, with the exception Alderman Orr, 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 June 1st, 1987 be adopted as printed. Carried Unanimously. REPORTS - PLANNING MATTERS PD-87-76 - Chief Adainistrative Officer - Re: Official Plan Amendment - Portage Road Study AM-15/87. The report recommends the following: 1) That the subject area, being those properties located on the west side of Portage Road, which front onto Portage Road, situated between North Street and Britannia Crescent, be considered a Special Policy Area within the Official Plan; 2) That while the Official Plan is retaining its residential designation, the Special Policy Area shall provide uses which are compatible and ancillary to the hospital; 3) That the proposed developments within this Special Policy Area will be entertained by a site specific rezoning application, having regard to the following considerations: - increased parking standards to alleviate existing parking problems; - maximize the provision of open space landscaping in an attempt to retain the residential character of the area; - provide the required road widentngs to increase the width of the Portage Road road allowance to a minimum of 20 metres (66 feet); in order to reduce the number of access points onto Portage Road, developments be encouraged to pursue land assembly or site plan features that will attain this objective; 4) That the matter of reduced on-street parking along Portage Road to help traffic flow be referred to the Parking & Traffic Committee for consideration. .2 - AND - Communication No. 187 - Regional Niagara Planning & Development Department - Re: Preliminary AppltcatlonAM-15/87, Hospital Related Uses, Portage Road, opposite the Hospital. The communication advises that "the Regional Planning Staff would not be opposed to the development of this area for hospital related uses provided such development will not unduly increase any traffic congestion and parking problems In this area", and further suggests that policies related to on-site parking spaces and screening of parklng areas should be included in the proposed offlclal plan amendment. His Worship Mayor Smeaton declared the Public Meeting open. The Clerk advised that the subject property being located on the west side of Portage Road between North Street and Britannia Crescent be considered a Special Policy Area within the Official Plan. He stated that Notices of the Public Meeting had been forwarded by first-class mail on May 7th, 1987; and the Official P~a~.~.N~tfce had been placed in the Niagara Falls Review on May 9th, 1987. · " ~'~'~ ~"!~- ~' His Worship Mayor Smeaton received a positive response to his request for a show of hands from persons present, other than the applicant or his agent, tn support of the amendment, as well as persons opposed. He advised that persons wishing to receive further notice of the passing of the by-law should submit names and addresses to the Clerk prior to leaving the meeting. Mayor Smeaton explained the procedure to be followed under the Planning Act, 1983. The Planning Director discussed the subject lands with the assistance of posted sketches. He reviewed the following information contained in the Technical Report: Proposal, Official Plan, Zoning By-law, Comments from Public Notification Process, Boundaries of Study, Existing Land Uses, Ancillary Uses, Non-Conforming Uses, Parking, Traffic & Access, Proposed Land Uses, Site Design, and Official Plan Amendment. Alderman Janvary declared a conflict of interest because a member of her family is working at a nearby business. It had been suggested that Report Nos. PD-87-76, and PD-87-78 be considered simultaneously because they were in the same area. However, a decision was made to consider PD-87-76 first. ORDERED on the motion of Alderman Chessman, seconded by Alderman Puttick, that Report No. PD-87-76 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, Cheesman, Coville, Hinsperger, Hopkins, Pay, and Puttick. NAYE: Aldermen Cummings and Harrington. Mrs. Tony }~nnella, 5559 Portage Road, addressed Council in support of the owners of properties being permitted to make use of their lands as they wish. Mrs. Robert Campbell, 5919 Britannia Crescent, discussed her great concern regarding the Portage Road Study and medical facilities in the area as well as the traffic congestion. Mrs. Campbell referred to a study she had carried out with respect to traffic, the complaints made in this regard, and the lack of action taken to alleviate the problem on Britannia Crescent. There was a misunderstanding with respect to the previous motion. It was therefore moved by Alderman Cheesman, seconded by Alderman Puttick, that the motion to receive and adopt the report be rescinded. 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, Cheesman, Coville, Cummings, Hinsperger, Hopkins, Pay and Puttick. NAYE: Alderman Harrington. During the discussion it was pointed out that the Hospital Board should be asked for comments regardin8 the proposal. -3- Mr. J.R. Boyce, Solicitor, stated that Dr. K. Reddy was in support of the recommendations of Staff. It was moved by Alderman Cheesman, seconded by Alderman Baker, that time report be received and adopted. It was moved by Alderman Cummings, seconded by Alderman Harrington, that the matter be tabled and referred to the Board of Governors of the Greater Niagara General Hospital. The motion to table, which took precedence, was Defeated with Alderman Janvary abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Campbell, Cummings and Harrington. NAYE: Aldermen Baker, Cheesman, Covtlle, Hfnsperger, Hopkins, Pay and Puttick. The motion to receive and adopt the report Carried with Alderman Janvary abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: NAYE: Mayor Smeaton, and Aldermen Baker, Cheesman, Coville, Hinsperger and Hopkins. Aldermen Campbell, Cummings, Harrington, Pay and Puttick. P1)-87-78 - Chief Administrative Officer - Re: AM-7/87, Dr. K. Reddy, 5511-5515 Portage Road. following: Zoning Amendment Application The report recommends the 1) That zoning amendment application AM-7/87 be approved for the property located at 5511-5515 Portage Road for the purposes of permitting certain hospital related uses, in addition to the current zone provisions, conditional upon: (a) that ground floor uses be limited to a practitioner*s office or a gift shop for the sale of artificial flowers and ceramic giftware; (b) that one dwelling unit he permitted on the second floor; (c) that, in addition to the regulations of the R5A Zone, the following special provisions shall apply: - a reduction in the minimum lot frontage from 30 metres to 12.72 metres; - a minimum of 8 parking spaces be provided; - a minimum landscaped open space of 25% be provided; - a practitioner~s office or gift shop be permitted; 2) That Staff be directed to prepare the necessary By-law amendment for enactment by Council, together with an Official Plan amendment as outlined in PD-87-76 (Portage Road Study); 3) That the applicant work with the City's Site Plan Technical Committee to revise the site plan to a form similar to that outlined in Technical Report PD-87-69. - AND - Communication No. 188 - Regional Niagara Planning & Development Department - Re: Preliminary Application AM-7/87, Proposed Medical Office and Gift Shop, Prospect Street and Portage Road. The communication advises that the Regional Planning Staff would not be opposed to this application, provided that adequate on-site parking can be supplied, and visually screened from abuttlng residences. His Worship Mayor Smeaton declared the Public Meeting open, and stated that the procedure under the Planning Act 1983 would be followed. The Clerk stated that the property was located at 5511-5515 Portage Road, at the southwest corner of Prospect Street and Portage Road. He further stated that the applicant was proposing to amend Zoning By-law 79-200 to permit a physician's office, a gift shop and second floor dwelling units located above the ground floor, and two single storey additions, one to the rear of the existing dwelling and one on the interior side yard. The Clerk advised that the Notices of the Public Meeting had been forwarded May 7th, 1987. -4- His Worship Mayor Smeaton stated that Mr. J.R. Boyce, Solicitor, was in attendance on behalf of Dr. Reddy; and received a negative response to his request for a show of hands from persons present in support of, or opposed to the application. He stated 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. Alderman Janvary declared a conflict of interest because a member of her family is employed by a business in the area. The Planning Director discussed the subject lands with the assistance of posted sketches, and reviewed the following information contained in the Technical Report: Development Proposal, Zoning By-law Amendment, Official Plan, and Planning Review. He responded to questions raised regarding the recommenda- tions in Report No. PD-87-78. Mrs. Tony Mannella, 5559 Portage Road, stated that she had no objection to the application, and further stated that the parking problem had been created by the hospital and should be alleviated by the hospital. Mrs. Mannella expressed concern that the residents in the area have metered parking. There was a negative response to Mayor Smeatonts request for further comments from those in favour of the application, and those opposed to it. Mr. Boyce advised that Dr. Reddy was in support of the recommendations in the report, explained that the application is for a gift shop or a practition- er's office, and discussed the details of the proposal. Since no further comments were forthcoming, Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Cbeesman, seconded by Alderman Coville, 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: Baker, Campbell, Cheesman, Coville, Cummings, Hinsperger, Hopkins, and Pay. NAYE: Aldermen Harrington and Puttick. PD-87-79 - Chief Adm~nlstrative Officer - Re: Zoning Amendment Application AM-3/87, M. Gualtieri, Boarding/Rooming House, 5856 Robinson Street (at Main Street). The report recommends the following: l) That Zoning Amendment application AM-3/87 be approved for the premises known as 5856 Robinson Street to be used as a rooming/boarding house, subject to the following conditions: (a) that the rooming/boarding house use be permitted by way of a site specific special provision to Zoning By-law 79-200 and that the whole of the building be used for such purposes, without exterior alterations or additions; 2) 3) (b) (c) (d) that the By-law limit the occupancy of the building to ten (10) roomers or boarders, plus proprietor accommodation; that seven (7) parking spaces be provided on the site; that the existing building be brought into compliance with all applicable Building Code, fire, health and safety regulations as may be prescribed by the governing agencies; That Staff be directed to prepare the amending by-law for enactment at a subsequent meeting of Council; That the applicant and the Regional Municipality of Niagara be advised accordingly. 5 - AND - Cosmunication No. 189 -Main & Ferry Business Association - Re: Re-zoning, Maria Gualtieri, 5856 Robinson Street. The communication advises that the Association is opposed to the proposal. His Worship Mayor Smeaton declared the Public Meeting open, and advised that the same procedure would be followed as in the two previous applications. The Clerk advised that the property was located at 5856 Robinson Street, on the southeast corner of Main and Robinson Streets, and that the proposal was to amend the General Commercial zoning of the subject lands by adding a special provision to the subject site, to permit the property owner to establish a boarding/rooming house use within the existing single family dwelling. He further advised that th~ Notices of the Public Meeting were forwarded May 6th, 1987. His Worship Mayor Smeaton received a positive response to his request for a show of hands from persons in favour of, or opposed to this application. He stated that anyone 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 discussed the subject lands with the assistance of posted sketches; and reviewed the following information included in the Technical Report: Zoning By-law Amendment, Official Plan, Surrounding Land Uses, Zoning By-Law 79-200, and Neighbourhood Integration. He stated that the establishment of a boarding house at this address meets a number of Municipal planning criteria and the need for the particular operation has been clearly demonstrated by the Social Planning Council. The Planning Director responded to questions raised with respect to parking requirements, the time limit regarding adherence to recommendations, and owner occupancy. The Director of Buildings & Inspections stated that the owner would be required to comply with the zoning by-law and live in the building, and further, that Court action would be taken if the by-law was not upheld. Mrs. Penny Milinkovich, 5805 Robinson Street, stated that she wanted assurance that the owner must live on the property. Mr. Dante MarineIll, Solicitor for the applicant provided the information that none of the current residents in the subject house has a vehicle; that the owner intends to continue living in the building; and that the proposal was an "excellent use of this land". He stated that the applicant was willing to "abide by the conditions; and with respect to the suggestion that the Health Services be actively involved, Mr. Marineill advised that although the applicant was agreeable, the residents were not. Following further discussion, Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Harrington, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. PD-87-75 - Chief Administrative Officer - Re: Zoning Amendment Application AM-44/86, 61429 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-87-70 and in this report; 2) That Staff be directed to prepare the necessary Zoning By-law amendment, limiting the use of the subject lands for parking purposes only and that said parking area be credited as required parking for not more than 1,000 square feet of the proposed 2,600 square foot building addition to the existing commercial plaza; 3) That Staff be directed to prepare the necessary By-law amendment for enactment at a subsequent Council meeting; 4) That the applicant enter into a Site Plan Agreement with the Municipality which will apply to the entirety of the applicant's lands; 5) That the applicant and Regional Municipality of Niagara be advised accordingly. - AND - Communication No. 190A - Weight Loss Clinic International - Re: Proposed Zoning Amendment Application AM-44/86. The communication asks Council to view the proposed zoning amendment with favour because additional parking is needed in the plaza. - AND - Communication No. 1908 - Regional Niagara Planning & Development Department - Re: Preliminary Application AM-44/86, Parking for a Commercial Plaza, Drummond Road south of Thorold Stone Road. The communication advises that provided the City of Niagara Falls "is satisfied that the landscaping treatments will adequately protect the abutting residential properties" that the Regional Planning Staff would not be in opposition 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. The Clerk advised that the property is located at 6240 Thorold Stone Road, on the west side of Drummond Road, south of its intersection with Thorold Stone Road; that the proposal would amend the zoning of the subject site from a Transition Residential Multiple Zone (TRM) to a Parking Zone (P), to permit the lands to be developed for parking purposes only, and as an accessory use to the commercial plaza to the north. Ha further advised that the Notices of the Public Meeting were forwarded May 8th, 1987. His Worship Mayor Smeaton received a positive response to his request for an indication of the presence of the applicant or his agent, and to his request for a show of hands from persons present who were in fayour of, or opposed to the application. He advised that all 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 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, Surrounding Land Use, Comments from the Public Notification Process, and Planning Review. The Planning Director replied to questions raised with respect to removal of the gas pumps, plaza expansion, and buffering. Mrs. Judy Chimentt, 6239 Crawford Street, submitted a petition signed by 18 nearby residents who were in opposition to the proposed amendment. She discussed the following reasons for objecting: added congestion within an already conBusted area, pedestrian safety, maintenance of the plaza, lack of foresight in planning the plaza, and privacy of residents. Mr. Thomas A. Richardson, Solicitor on behalf of the applicants, reviewed a written submission in the form of a booklet, including photographs of the subject site, sketches of the plan and existing/proposed site. lie discussed the removal of the gas tanks, screened garbage containers, aa well as increased parking facilities, and referred the communication incorporated in the booklet which was forwarded to concerned residents asking them to submit suggestions to improve the plan. Mr. Richardson replied to questions raised regarding parking, maintenance, and method of deliveries. Following further discussion, it was moved by Alderman Puttick, Seconded by Alderman Pay, that the report be received and adopted. The motion Carried with the following vote: "' AYE: Aldermen Baker, Campbell, Cheesman, Coville, Hinsperger, Hopkins, Pay and Puttick. NAYE| Aldermen Cummtngs~ Harrington and Janvary, -7 - PD-87-77 - Chief Administrative Officer - Re: Zoning Amendment Application AM-14/87, Roberto/Casa D'Oro, Southwest Corner of Ellen Avenue and Magdalen Street. The report recommends the following: l) That Council support the proposed amendment to By-law 79-200, as detailed in Technical Report PD-87-65, and that Staff prepare the Zoning By-law amendment for enactment at a subsequent Council meeting; z) That the requested amendment for a reduction in parking stall size not be approved and the applicant be required to provide parking in accordance with the Zoning By-law; 3) That the applicant provide the necessary land dedications, as required by the Engineering Department, and that the applicant contribute $3,120.00 for the construction of sidewalks along Ellen Avenue and Magdalen Street; 4) That the applicant cost-share with the City towards a streetscape plan along Magdalen Street. - AND - Cosiunication No. 191 - Regional Planning & Development Department - Re: Preliminary Application AM-14/86, Proposed 10 Storey Hotel Complex, Ellen Avenue and Magdalen Street. The communication advises that the Regional Planning and Public Works Staff have no objection to the application, discusses the retention of a small number of larger sized parking spaces, and suggests that the City should monitor the effects of increased development densities on vehicular and pedestrian circulation patterns and on demand for parking, with a view to the possibility of upgrading streets, sidewalks and parking facilities. His Worship Mayor gmeaton declared the Public Meeting open, and advised that the same procedure as in the previous applications, would be followed. The City Clerk advised that the property is located on the northwest corner of Ellen Avenue and Magdalen Street, and further, that the proposal would amend Zoning By-law 79-200 to permit construction of a ten storey hotel with 102 suites. He stated that the Notices of the Public Meeting had been forwarded on May 7th, 1987. His Worship Mayor Smeaton received a positive response to his request for an indication that the applicant or his agent was present, and a show of hands from persons in fayour of or opposed to the proposal. He asked 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 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 Amendment, Surrounding Land Use, Comments from Public Notification and Planning Review. Mr. Martin Goyetche, British Canadian Veterans' Association, expressed opposition to the proposal because of the inadequacy of parking facilities in the area, and possible increase in on-street parking, and overshadowing. Mr. Brian Sinclair, Solicitor for the applicant, referred to compliance with the Official Plan, the Zoning By-law, and Lanmer Fenco provisos, and the benefits of the proposal to the City of Niagara Falls. He suggested that the size of the parking spaces might be reduced to accommodate increased parking by smaller cars, and expressed the desire to resolve concerns. Since no further comments were forthcoming, Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Baker, seconded by Alderman Hinsperger, that recommendation number 1 in the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Baker, that recommendation number 2 be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Coville, Cummings, Herrington, Hinsperger, Hopkins, Janvary, and Pay. NAYE| 'Alderman Puttick. · · · . 8 -8- ORDERED on the motion of Alderman Cununings, seconded by Alderman Coville, that recommendation numbers 3 and 4 be received and adopted. Carried Unanimously. PD-87-73 - Chief Admministrative Officer - Re: An Act to Amend the Planning Act. The report recommends the following: 1) That Council adopt the comments of Staff on the contemplated amendment to the Planning Act as detailed in this report (PD-87-73); 2) That the Clerk advise the Ministry of Municipal Affairs accordingly. ORDERED on the motion of Alderman Campbell, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. (Alderman Pay was not in attendance during the vote). DEPUTATION RBCENCY HOTEL, 8128 HOUNTAIN ROAD - Commmxnication No. 192A - Regional Niagara Health Services - Re: Regency Hotel, 8128 Mountain Road. The communication provides information regarding a sewage disposal problem at the Hotel site, the Health Inspector's objection to the premises being used for various recreational facilities, the need for permanent sanitary facilities, the installation of temporary holding tanks, and the refusal of the Regional Niagara Health Services to allow future expansion proposals until Municipally operated or suitable private on-site sewage disposal is available. - AND - Co~,uuication No. 192B - Niagara Escarpment Commission - Re: Restoration Order. The communication orders all facilities located on the septic tile bed and the ladies softball diamond to be removed and topsoil and grass added, to be completed May 31st, 1987. - AND - Communication No. 192C - Maureen Jones - Re: N.E.C. Proposal to Dismantle Regency Ladies Slo-Pitch Diamond. The communication expresses concern regarding the proposed dismantling of the diamond, and asks that the matter be reconsidered. Comslunicntion No. 192D - Kathr~n Anne Hellsan - Re: Regency Hotel Softball Diamond. The communication asks that the softball diamond not be eliminated. Mr. Harvey Ho, owner of the Regency Hotel, and a large number of interested citizens and representatives of the slo-pitch teams were in attendance to express their concern regarding the Restoration Order and removal of the baseball diamond. His Worship Mayor Smeaton discussed the previous meetings held with the Niagara Escarpment Commission, and officials, the health ramifications with respect to the situation, and need for compliance under the Health Act. He explained that City Council "has no Jurisdiction over this matter", and could only hear the report and submit a communication to the Regional Niagara Health Services Department or the Niagara Escarpment Commission. Mr. Paul H. Stevers, P. Eng., and President of Canadian Effluent Treatment Inc., on behalf of Mr. Ho, discussed the weeping bed extension and holding tank situation as a temporary solution, stated that a health problem does'not exist as long as the holding tanks are emptied, and discussed the alternatives actions to be taken. He explained that 20 baseball teams were uaing the diamond and unable to transfer to another location. Following further discussion, it was moved by Alderman Puttick, seconded by Alderman Cummings that a letter be forwarded to the Niagara Escarpment Commission asking that the charges be withdrawn. The motion qarrted with the following vote| - 9 - AYE: Aldermen Campbell, Cummings, Harrigton, Hfnsperger, Janvary, Pay and Puttick. NAYE: Aldermen Baker, Cheeeman, Coville and Hopkins. HOLIDAY CLOSINGS FOR RETAIL BUSINESSES - Co,,unication NO. 193 - Mr. Len J. Cads, Chairman, Lundy's Lane Tourist Association, Niagara Falls, Canada, Visitor & Convention Bureau - The communication refers to By-law No. 1447-1392-76 defining tourtsm areas in Niagara Falls which are exempt from the Retail Business Holidays Act, discusses the Lundy's Lane tourist area, and requests permission to address Council with respect to this matter on behalf of the Lundy's Lane Tourist Association. Mr. Cads addressed Council as owner and operator of the Best Western Cairn Croft Hotel, and as Chairman of the Lundy's Lane Tourist Association of the Niagara Falls, Canada, Visitor & Convention Bureau. He reviewed a written submission and asked Council to forward a recommendation to the Regional Niagara Council to have the tourism boundaries under By-law 1447-1392-76 of the Retail Business Holidays Act, to be extended to include the remainder of Ferry Street and all of Lundy's Lane within the City limits. Mr. Gordon Paul, President; Mr. Frank LaFleche, Executive Vice-President; and a number of other members of the Bureau were in attendance. ORDERED on the motion of Alderman Harrington, seconded by Alderman Puttick, that the Regional Municipality of Niagara be requested to take appropriate action to exempt the Lundy's Lane area from Sunday Store Closings. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Coville, Cummings~ Harrington, Hinsperger, Hopkins, Janvary, Pay, and Puttick. NAYE: Alderman Chessman. UNFINISHED BUSINESS RENOVATIONS - COURTEOUSE BUILDING - [4-87-06 -Hayor Smeaton - Re: Renovations - Courthouse Building. The report recommends that the City approve in principle the renovations proposed for the Courthouse on the understanding that the Province of Ontario will under- write the entire cost.(TABLED JUNE 1, 1987). His Worship Mayor Smeaton referred to the discussion at the Council Meeting held June 1st, 1987, and advised that the present Courthouse facilities were inadequate, and the "responsible thing to do is to enter into the agreement", and that new facilities would probably not be available for 5 years. Mr. Gordon Wyllie, T. Gordon Wyllie Real Estate, was granted permission to speak on the motion of Alderman Pay, seconded by Alderman Baker. Mr. Wyllie pointed out the need for security standards, and suggested that notice be given at the end of the year regarding the priority of new Courthouse facilities. ORDERED on the motion of Alderman Chessman, seconded by Alderman Coville, that the recommendation in the report be adopted. The motion was Defeated with the following vote: AYE: Alderman Chessman, Coville, Hinsperger, Hopkins and Pay. NAYE: Aldermen Baker, Campbell, Cummings, Herrington, Janvary and Puttick. ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that the motion of June 1st, 1987 be re-affirmed, and the Chief Administrative Officer be directed to arrange a meeting between representative of the Ministry of Government Services, and a small Committee of Council for a discussion of this matter. The motion Carried with the following vote: AYE: Aldermen Campbell, Chessman, Cummings, Harrington, Janvary and Puttick. NAYE: Aldermen Baker~ Coville, Hinsperger, Hopkins and Pay. Aldermen Campbell, Cheesman~ Herrington and Puttick volunteered to serve on the Con~ittee. - 10- COMMUNICATIONS No. 194 - Narg Nagy, Coordinator, Downtown Niagara Falls Board of Management - Re: Membership Meeting. The communication asks Council's permission to use the Centennial Square, City Hall, for its membership meeting scheduled for Juno 23, 1987. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the request be approved and that the Board contact Staff respecting requirements. Carried Unanimously. No. 195 - Narg Nagy, Coordinator, Downtown Niagara Falls Board of Management - Re: "Sidewalk Sale". The communication requests permission to hold a Sidewalk Sale on July llth~ 1987. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the request be approved and that the Board contact Staff respecting requirements. Carried Unanimously. REPORT F-87-35 - Chief Ad~nistrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,753,156.51 for the period ending June 8th, 1987, be approved by the passing of the by-law appearing later on the agendao Alderman Campbell declared a conflict of interest on Cheque No,. 24685 and 24687 because the organization is a client. Alderman Cummings declared a conflict of interest on Cheque No. 24700 because a member of his family is involved in the program. Alderman Marrington declared a conflict of interest on Cheque No. 24822 because he is employed with the Board. Alderman Htnsperger declared a conflict of interest on Cheque No. 24699 because he is employed with the company. Additional information was provided on Cheque No. 24710. ORDERED on tbe motion of Alderman Covtlle, seconded by Alderman Chessman, that the report be received and adopted. The motion Carried with Aldermen Campbell, Cummings, Harrington and Hinsperger abstaining from the vote on Cheque Nos. 24685, 24687, 24700 24822 and 24699 consecutively, on conflicts of interest previously recorded; and with all others voting in favour. BY-LAW ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that leave be granted to introduce the following by-law, and the by-law be read a first time: No. 87-126 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell, Cummings, Harrington and Hinsperger abstaining f~om the vote on conflicts of interest previously recorded in Report No. F-87-35, and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker,' that the following by-law be now read a second and third time: No. 67-126 - A by-law to provide monies for general purposes· The motion Carried with Aldermen Campbell, Cummings, Rarrington and Hinsperger abstaining from the vote on conflicts of interest previously recorded, and with all others voting in fayour. - 11 - NEW BUSINESS ITEMS OF CONCERN: Lyon's Creek & Montrose Roads - Alderman Coville discussed the dangerous intersection at Lyon's Creek Road and Montrose Road. It was suggested that Mayor Smeaton contact the Regional Municipality with the request for a flashing red light at the intersection. Pitbull Terrtors - Alderman Campbell initiated a discussion regarding the danger of Pitbull Terriors to citizens, and suggested that Staff draft a by-law, in conjunction ,~ith Mr. Doug Green, Manager of the Niagara Falls Humane Society, to control these animals. He stated that St. Catharines was considering such an action for vtntpus~4ogs.'!n~ general. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the matter be referred to Staff. Carried Unanimously__L Food Drive - C.O.E.S. - Alderman Janvary referred to the Food Drive Bags which had been distributed to Council members prior to the meeting. These bags were to be used for Operation "Help Your Neighbout" Food Drive on Saturday, June 20th, 1987 from 10:00 a.m. to 1:00 p.m- The Food Drive is sponsored by the Co-Ordtnated Emergency Services, and donations are to be dropped off at designated locations throughout the City. II1M OF INTEREST: Congratulations - Alderman Cummings congratulated the Chief Administrative Officer and City Clerk for having completed five years in their respective positions. It was moved by Alderman Baker, seconded by Alderman Puttick, that the meeting adjourn to Committee of Carried Unanimously. READ AND AD/OPTED, WHOLE MAYOR W~ S. SMEATON Committee Room #1 June 8, 1987 Council met on Monday, June 8th, 1987 at 11:25 p.m. in Committee of the Whole, following a Planning Meeting. All members of Council, with the exception of Alderman Orr, were present. Alderman Puttick presided as Chairman. Following consideration of the arose without reporting. . the Committee of the Whole READ AND .ADOPTED, MAYOR S. SMBATON · . 12 - 12 - COUNCIL MEETING Committee Room #1 June 8, 1987 Council reconvened in formal session on Monday, June 8th, 1987 at 11:30 p.m. following a meeting in Committee of the Whole. All members of Council, with the exception of Alderman Orr, were present. His Worship Mayor Smeaton presided as Chairman. The meeting adjourned. READ AND ADOPTED, TWENTY-THIRD MEETING PUBLIC MEETING PROPOSED "SMOKING BY-LAW" Council Chambers June 10, 1987 A Public Meeting was held on Wednesday, June 10th, 1987, at 7:00 p.m., to consider the proposed "Smoking By-law". All members of Council, with the exception of His Worship Mayor Smeaton, and Aldermen Baker, Covtlle, Harrington, Hinsperger, Janvary, Orr, Pay, and Puttick, were present. Alderman Charles Cheesman presided as Chairman. Com~unicatisn No. 195A - Nayor Smeaton - Re: Attendance. The communication advises that, due to previous commitments on behalf of the Municipality, His Worship Mayor Smeaton would be unable to attend the meeting. - AND - Communication No. 195B -- Nrs. N. Freeman - Re: Proposed Smoking By-law. The communication expresses opposition to the proposed by-law. - AND - Communication No. 195C - Petition from Concerned Citizens - Re: Proposed Smoking Ban in Public. The petition expresses support of the proposed by-law. - AND - Co~miunicatiOn No- 195D - Dr. C. David Nicholson - Re: No-smoking By-law- The communication gives "wholehearted support" to efforts to have Council pass a no-smoking by-law. - AND - Co~aunication No. 195E - Robert William Brooks - Re: Proposed Smoking By-law. The communication expresses support of the proposed by-law. Alderman Chessman advised that each provision in the proposed by-law would be presented for consideration, and that persons in attendance would be invited to speak in favour, or ~n opposition to the provision. 1. RETAIL SHOPS - No person would smoke in any retail shop except in a part thereof used as a restroom, lunch counter, refreshment stand, or a part used as offices by members of the staff. There Were no comments forthcoming with respect to the aforementioned provision. 2. BARBF~RSHOPS AND HAIRDRESSING PARLOIIRS - No person would smoke in any barbershop or hairdressing parlour. In response to questions raised, Alderman Cheesman stated that the by-law would apply only in the work area of the barber or hairdresser, and would not apply to s private room of the establishment. 3. HOSPITALS - Members of the visiting public would smoke only in those areas which the proprietor may designate as smoking areas. A patient would be permitted to smoke in the patient care area allocated to that patient if the patient has written permission of the personal physician of such a person and written permission of any other patient sharing accommodation with the person who wishes to smoke. Mrs. Louise Branscombe, spoke on behalf of the Public Relations Committee of the Board of Governors, Greater Niagara General Hospital. She reviewed a written submission, advising that a progressive no smoking campaign has been carried out at the Hospital for the past three years~ in anticipation of a totally smoke-free environment by 1989. Mrs. Branscombe stated that the follow- ing policy has become effective: that mo re -2- Visitors: No smoking while visiting at the G.N.G.H-; Staff: No smoking while on duty and while off duty, only in designated areas. Patients: Special consideration is given. Mrs. Branscombe expressed agreement with the concept, however, suggested the term "Non-Smoking By-law" as opposed to "Smoking By-law", would have a positive effect; and suggested the following wording for consideration: the "public sibility of Hospitals - No person shall smoke while visfting in the hospital; No person shall smoke in patient care areas of the hospital; The hospital, in consultation with health care providers, reserves the right to make exceptions for patients in extraordinary circumstances- Alderman Cheesman pointed out that ths proposed by-law would apply only to domain", and that Staff smoking in work areas would be the respon- the institution- 4. SERVIC~ LIN~S AND SERVIC~ COBlfI~RS - No person would be permitted to smoke at any service line or service counters, such as those in hanks, financial institutions or Municipal offices- Alderman Cheesman stated that the person who doesn't wish to be in the presence of smoke should be protected and the person smoking should delay smoking until later. In response to questions raised regarding whether this ruling would apply in hanks, and to persons working there, Alderman Cheesman advised that this would be the intent, and that the employee would smoke where the public does not have access. 5. I~CKPTION ARRA~ -- No person would he permitted to smoke in a reception area where health services are provided. In other reception areas which have a floor area greater than 13.1 square metres, up to one-half of the area may be designated for the purposes of smoking. Mr. Joe Hueglin requested information regarding the specified 13.1 square mettea and was advised that this was the guideline designated in other by-laws- In response to questions raised by Mrs. Ruth Klopka regarding the inclusion of the YMCA/YWCA in the guidelines being designated for health service facilities, and with respect to reception areas, Alderman theeamen stated that these organizations were not intended for inclusion in this section, and that the organization's program would be "their own responsibility and choice". Alderman Campbell discussed the dissipation of smoke, and its effect on non-smokers. He suggested that allowing this to occur "defeats the overall purpose", and further, that there appeared to be a contradiction. It was pointed out that concerns would be tabulated and made available-to Council members. Mrs. Klopka discussed her concerns with respect to Doctors' offices, the reception areas and examination rooms. Alderman Chessman advised that the intent of the by-law was not to require a Doctor to put out a cigarette in his own office, but that the waiting area should be "smoke free", and referred to enforcement being dependent upon signs, as well as the willingness 9f people to uphold the non-smoking signs. EI~VATO~S AND KBCALATORS - No person would smoke in an elevator or escalator. There was a negative response to Alderman theemanes request for comments from persons opposed to this section. - 3- In reply to questions raised, Alderman Cheesman stated that most by-laws specifically deal with elevators which are licensed, and further that all licensed elevators are governed by the Fire Marshal's Act. 7. BUSES - No person would smoke in a Niagara Transit bus or in a school bus. Alderman theesmart expressed agreement with the Clerk's suggestion that this ruling would include the driver of an unloaded bus. 8. THKATP~S AND OTiIKR PLACKS OF PUBLIC ~SEMBLY - Smoking would be prohibited in an enclosed indoor area being used as a place of public assembly, except in areas (not to exceed one-half the floor area) which bear the signs "Smoking in this area only". This provision would not apply to places used for private or personal assemblage of persons. Alderman Cheesman stated that the intention of this section was that smoking would be permitted outside, or in the corridor. He discussed the distinction between an area frequented by the public "by free choice as opposed to invitation or private membership". Alderman Cummings suggested that smoking should not be alowed in bingo halls licensed by the City. Alderman Cheesman expressed agreement, referred to Legion Halls and stated that where wedding receptions are held would not be included. Reference was also made to the basement of a Parish Hall which is licensed as a public hall. Dr. Anne Carter stated that approximately one-third of the population does smoke, and suggested that therefore one-half of the floor area would be excessive. She discussed the expansion of smoke, and in referring to smoking in arenas, discussed the relationship of smoke to "poor performance on the ice". Dr. Cutter encouraged a decrease in the areas of exception. Alderman Hopkins stated that the suggested limit of the floor area recognizes the nature of public assemblies. Mrs. Penny Rodman requested that the 70% smoking area be lowered to 50%. Alderman Cummings discussed the policy of non-smoking in the arenas which has been in existence for a number of years, and the difficulty of enforcement- 9. KESTAURANTS - No person would smoke in a restaurant except in those areas designated for the purpose of smoking. Such areas would comprise not more than 70% of the floor area. Alderman Cheesman suggested that the proposed 70% figure was a "generous amount" since 30% of the population smokes, and stated that the suggested percentage was used in other existing by-laws. Alderman Cummings expressed the view that the 70% proposed figure was too high. Mr. George Yertch~ Jr., representing the Skylon Tower, suggested that Council "should consider restaurants and dining rooms as very special circum- stances", suggested that the Skylon Tower should be exempted from the by-law because of the difficulty in arranging non-smoking areas for group tours which fill both dining rooms, the restricted time schedule for these tours, an anticipated problem in productivity control, and the difficulty in isolating groups. The particular problem which would be encountered under the proposed by-law in relation to the revolving dining room in the Skylon Tower was discussed. Mr. Yerich asked that the Skylon Tower be exempted from the by-law. Alderman Cheesman stated that Council would not have the authority to exempt a particular establishment from the by-law, and that it would not be feasible for Council to make a classification for every establishment in the City. (Alderman Chessman visited the Skylon Tower the next day, June 11, and explained how the intent of the by-law would work in the gkylon's restaurant. Upon clarification by Alderman Chessman, Mr. Yerich was satisfied that the intent of the by-law could ~e ~mplemented in the restaurants without negatively affecting their operat on o · · . . 4 -4- - 5- During the discussion, a number of alternatives were suggested, i.e., non-smoking tables, and non-smoking areas, advising tour group operators in advance. It was pointed out that non-smokers in tour groups would probably be travelling together- Dr. Carter discussed the possibility of non-smokers boycotting the establishment that doesn't supply a non-smoking area. Alderman Campbell stated that representatives of Maple Leaf Village, and Mr. Harry Oakes had expressed concerns similar to that of the Skylon Tower. Mr. John Gruyich referred to the difficulty of a person taking the elevator down the SkyIon Tower to have a cigarette, and returning, during a three hour dining period, and to the difficulty of enforcing the proposed by-law. He further discussed the impossibility of smoke dispersal when tables in the Skylon Tower revolving restaurant will be rotating into the smoke. Alderman Hopkins suggested that prior to a final draft of the proposed by-law, information should be solicited from other Municipalities which have a by-law in place, i.e., Toronto. He further suggested that the CN Tower and Hatbout Room have facilities similar to the Skylon Tower. A discussion was held regarding enforcement of the proposed by-law. Alderman Cummings pointed out that the By-law Enforcement Officers of the City would be required to take action when complaints were made- Chris Allen suggested that the proposal shoold be investigated thoroughly prior to a decision being made, and that tourist establishments would have a unique problem. Mr. Tom Mingle discussed the by-law in relation to restaurants and suggested that smoking and non-smoking sections be designated in the Skylon Tower. Alderman Cummings requested that a letter should be forwarded to the Visitor and Convention Bureau, asking for comments from that agency, prior to a submission to Council. It was pointed out that representatives of the Bureau were not in attendance at this Public Meeting. 10. TAXICARS - No person would smoke in a taxicab except with the consent of all passengers and the driver. There was no response to a request for comments regarding this section. 11. SIGNS - The by-law would specify the size, type, appearance and location of the various signs which are to be used in those places where the by-law would be in force. Mr. Joe Hueglin stated that he was opposed to the general principle of the proposed by-law, and was prepared to address the matter later in the meeting. Dr. Carter advised that the Health Services Department would be willing to place signs and report infractions of the by-law to the City's By-law Enforcement Officers. 12 · PI{NJ3;I"~ - Every person who contravened any provision of the by-law would be guilty of an offence and on summary conviction would be liable to a fine of not more than $1,000.00 exclusive of costs. Alderman Cheesman pointed out that the specified $I,000.00 was the maximum fine. 13. DATE OF EFFEGT = The date of effect (suggested) would be October 1, 1987. Alderman Cheesman stated that the intent was to inform the public that on a future date the by-law would be in force, and would allow all restaurants and other establishments a period of time to acclimatize and implement the by-law. Alderman Cummings stated that the corporate headquarters of ACRES had established a no smoking policy for the local offlce, and this policy was being implemented and would be completely in force by October 1, 1987. He further stated that there was very little opposition, and that other businesses in the City were implementing the same type of policy. Alderman Campbell retired from the meeting. Mr. Heuglln reviewed a written submission entitled "In Defence of Liberty", which expresses opposition to the by-law under the concepts of "Liberty, Equality before the Law, and Private Ownership and Enjoyment of Property". He opposed the passing of the by-law unless it was "conclusively determined that environmental tobacco smoke causes physical harm to non-smokers". Mr. Len Damude, and Mr. Dick Patrick expressed opposition to the concept expounded by Mr. Heuglin, and stated, that the by-law was a "band aid solution" and that smoking was an "addiction" which should be "eliminated completely". Alderman Cheesman stated that Government must represent the interests of the Community "without infringing upon the rights of that Community". Since no further comments were forthcoming, Alderman Cheesman declared the Public Meeting adjourned. READ AND ADOPTED, .~'HAIRMAN, ALDERMAN CHARLES CHEESIdAN TWENTY-FOURTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 Jene 15, 1987 Council met on Monday, June 15th, 1987 at 7:15 p.m. in Committee of the Whole. All members of Council, with the exception of Aldermen Campbell and Puttick, were present. Alderman Harrington presided as Chairman. READ AND ADOPTED, the Committee of the Whole BARBARA G. SCOTT, DEPUTY CITY" . PLANNI[~/~t,,i ~I~'~ETING Council Chambers June 15, 1987 Council met on Monday, June 15th, 1987 at 7:30 p.m. for the purpose of considering Planning Matters. All members of Council, with the exception Aldermen Campbell and Puttick, were present. His Worship Mayor Smeaton presided as Chairman. Alderman Harrington offered the Opening Prayer. ADOPTION OF MINUTES Alderman Hopkins asked that the minutes of the meeting held June 8th, 1987 be amended on page 7, Report PD-87-77, to indicate that he had voted In favour of the motion to receive and adopt recommendation number 2 in the report. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the minutes of the meeting held June 8th, 1987 be adopted as amended. Carried Unanimously. Alderman Coville referred to Items of Concern in the minutes of the meeting held June 8th, 1987, the intersection of Lyon's Creek and Montrose Roads. ORDERED On the motion of Alderman Coyills, seconded by Alderman Hopkins, that a flashing red light be installed at the intersection of Lyon's Creek Road and Montrose Road. Carried Unanimously. DEPUTATION PROSTITUTION - CRYSLER AV~N~ & PARK STREET Mr. John Koch, 4553 Crysler Avenue, was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Herrington. He and a number of other concerned citizens were in attendance to express their great concern regarding the prevalence of solicitation for the purpose of prostitution in the Crysler Avenue/Park Street area. Mr. Koch referred to the young children and students living in the subject area, and asked that immediate action be taken to alleviate the situation. His Worship Mayor Smeaton advised that the concern would be investigated and action taken. REPORTS - PLANNING MATTERS P!)-8Y-84 - Chief Admiuistrative Officer - Re: Zoning Amendment Application AN-19/87, Parkview Hotel, 6361 & 6365 Buchanan Avenue. The report recommends the following: - 2- 1) That Council support the proposed amendment to By-law 79-200, as detailed in Technical Report pD-87-74, and that Staff prepare the Zoning By-law amendment for enactment at a subsequent Council meeting; 2) That the applicant enter into an agreement with the City to provide landscaping improvements along the Municipal road allowance due to a lack of on-site landscaping; 3) That the applicant be encouraged to consider further improvements to building mass and on-site landscaping provisions prior to the submission of a final site plan; 4) That Staff be directed to proceed with a study to determine appropriate density bonuses for hotels incorporating parking structures. - XND - C~omm~ixdca[t~n' N0, .196,- Regional Niagara Planning & Development Department - Re: 'Preliminary Application AM-19/87, Proposed Hotel complex, Buchanan Avenue, south of Murray Street. The communication advises that the Regional Planning and Public Works Staff have no objection to the proposal. Alderman Hopkins declared a conflict of interest because a member of his family, in attendance, had a business interest. His Worship Mayor Smeaton declared the Public Meeting open, and explained the procedure to be followed under the Planning Act, 1983. The Deputy Clerk advised that the application would permit the construction of a 14 storey, 188 room hotel, restaurant and health spa with above and under- ground parking for 112 cars; and that the property is located at 6361 and 6365 Buchanan Avenue where two existing motels will be demolished for the project. The Deputy Clerk stated that a similar application submitted by the applicant in 1986 had been tabled because of space indeqnacy; that additional lands had since been acquired, and the revised application received. She further stated that the Notices of the Public Meeting had been forwarded on May 15th, 1987. Mr. Dante MarineIll, Solicitor, indicated his presence on behalf of the applicant. A positive response was received to Mayor Smeaton's request for a show of hands to indicate the presence of persons in favour of, or opposed to the application. His Worship 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 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 Technical Report: Development Proposal, Zoning By-law Amendment, Official Plan, Previous Application, Surrounding Land Uses, Public Notification, Planning Review, and Site Plan Review. The Planning Director discussed the recommenda- tions in the report in detail, and replied to questions raised regarding cost of landscaping of the boulevard, densities, and tier parking. In response to Mayor Smeaton's request for comments from persons in support of the application, Mr. J.B. Hopkins, Solicitor on behalf of the owners of the Liberty Inn, stated that his clients were "generally pleased" with ~he application, and were concerned only that no further buildings would occur, with the exception of the proposed project. Mr. N.A. McKay, Solicitor, advised that he had expressed opposition on behalf of Mrs. Hilde Mercnik, 6105 Stanley Avenue, in March 1987. He stated that Mrs. Mercnik was still in opposition, because the increased height and transfer of the proposed building to the hydro lands property line will cause additional shadowing of her property, and obstructing her view of the falls and gorge. Mr. McKay pointed out the pre-existence of a residential neighbourhood and the applicantts opposition to the existing by-law. Mr. MarineIll responded to questions raised with respect to tier parking, density, and stated that the applicant was prepared to provide additional land- scaping. He discussed the current Tourist Commercial zoning in this area; pointed out that Mr- Murray, the Architect, had indicated that there was no shadowing impact on the land; and that if his client constructed a building within the zoning by-law, Mrs. Mercnikts view of the falls would be obstructed· 3 He stated that many concerns had been addressed, and urged Council to approve of the application. Mr. Wayne Murray, Architect, discussed the shadowing effect, advising that the property of Mrs. Mercnik would only be affected by a very early morning sun. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, 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 with the following vote: AYE: Aldermen Cheesman, Coville, Cummings, Harrington, Hinsperger, Janvary, Orr, and Pay. NAYE: Alderman Baker. P1)-87-86 - Chief Administrative Officer - Re: Zoning Amendment Application AM-10/87, Group 2 Development Ltd., "Drummond Park Village" - Extension I, Revised Plan. The report recommends the following: 1) That Council support the proposed rezoning of the subject lands, as submitted; 2) That Staff be directed to prepare the amending by-law which reflects the application submitted for enactment at a subsequent meeting of Council. 3) That the applicant and Regional Municipality be advised accordingly. - AND - Com~unication No. 197 - Regional Niagara Planning & Development Department - Re: Preliminary Application AM-lO/86, Draft Plan of Subdivision, Drummond Park Village Extension. The communication advises that the Region has not completed its review of the proposed revisions to the subdivision, and suggests that the City not formally adopt the related zoning amendment until the revised plan has been granted draft approval by the Region. His Worship Mayor Smeaton declared tile Public Meeting open, and explained the procedure to be followed under the Planning Act, 1983. Alderman Coville declared a conflict of interest because the Real Estate office she is associated with has an interest in the subdivision. The Deputy Clerk advised that the application would amend the subject lands from Residential Low Density, Grouped Multiple Dwellings and Residential Single and Two-Family, to Residential Single Family, to permit development for single family dwellings; that the irregular shaped property fronts on Crimson Drive, and on Alex Avenue; and that the developer has revised his plans to accommodate 95 single family lots. She stated that the Notices of the Public Meeting had been forwarded on May 14th, 1987. The Planning Director discussed the subject lands with the assistance of posted sketches, and reviewed the following information contained in the Technical Report: Development Proposal, Zoning By-law Amendment, Official Plan, Surrounding Land Use, Comments from the Public Notification Process, and Planning Review. He discussed the Region's concerns, and stated that the Planning and Engineering Departments of the City would be submitting a design proposal to Council, and referred to improvement of the depth of lots, as well as berming and buffering. There was a negative response to Mayor Smeatonts request for comments from persons in support of, or opposed to the application. Mr. A1 Goat, Agent for the applicant, discussed the proposal with the use of an enlarged sketch, pointed out that there is a housing mix in the surrounding neighbourhood, and expressed the opinion that a mix of housing was not needed in every subdivision, -4- Since no further questions or comments were raised, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted, and approval granted- The motion Carried with Alderman Coville abstaining from the vote on a conflict of interest previously recorded, Alderman Pay was absent during the vote, and with all others voting in fayour. PD-87-87 - Chief Administrative Officer - Re: Zoning Amendment Application AM-16/87, 694883 Ontario Ltd., 3584 Bridgewater Street. The report recommends the following: 1) That Council support the proposed Zoning By-law amendment subject to the following conditions: (a) that application be made to the Municipality under the Rental Housing protection Act for permission to renovate the exlsting building, thereby eliminating all existing rental units; (b) that a parking provision of .6 spaces per unit be applied to the proposed development, thereby providing a total of 18 parking spaces on site; (c) that the proposed development be subject to Site Plan Control. 2) That Staff be directed to prepare the amending by-law which reflects the application and site plan submitted for enactment at a subsequent meeting of Council; 4) That the applicant and the Regional Municipality of Niagara be advised accordingly. - AND - Communication No. 198A - Regional Niagara Health Services Department - Re: Zoning Amendment Application AM-16/87. The communication offers no objection to the application, but advises that plans would be required for approval in accordance with Food Premises Regulations and Guidelines for Retirement Homes. - AND - Communication No. 198B - Regional Niagara pl~nn4ug & Development Department - Re: Preliminary Application AM-16/87, Proposed Retirement Home, Bridgewater Street, east of Cummings Lane. The communication advises that Regional Planning and Regional Public Works Staff have no objections to the application, but have submitted comments respecting the abutting Regional Road and request a detailed site plan for review and approval. His Worship Mayor Smeaton declared the Public MeetingtoPen and explained that the same procedure would be followed as in the previous applications. The Deputy Clerk advised that the application is for a rezoning by way of a special provision to permit the renovation of an existing 2 storey apartment and construction of an addition to establish a retirement home for 35 people, plus staff; that the property is located at 3584 Bridgewater Street, and will provide a minimum of 12 parking spaces. She stated that the Notices of the Public Meeting were forwarded on May llth, 1987. His Worship Mayor Smeaton received a positive response to his request for an indication that the applicant or his agent was present, and a show of hands from persons in favour of, or opposed to the application. He asked that all persons wishing to receive further notice of the passing of the by-law submit their names and addresses to the Deputy Clerk prior to leaving the meeting. Alderman Orr declared a conflict of interest because a member of her family lives in the subject area. The Planning Director discussed the subject lands with the assistance of posted sketches, and explained the purpose and reason for the proposed amendment. He reviewed the following information contained in the Technical Report| Development Proposal, Zoning By-law Amendment~ Official Plan, Surrounding Land Use, and Comments from the Public Notification Process. - 5- His Worship Mayor Smeaton received a negative response to a request for comments from persons in support of the application. Mr. Murray Beaton, 3594 Bridgewater Street; Mr. Tom Thomson, 3564 Bridgewater Street; Mr. Zarko RadonJich, 3587 Main Street; Mr. Jeffrey Glover, 3574 Bridgewater Street; and Mr. Bill Beasleigh, 3552 Bridgewater Street; expressed opposition to the application for the following reasons: approval would set a precedent for future applications of this kind in a residential area; increased traffic and parking; devaluation of property values; inappro- priate use for an historical building, and in a single-family neighbourhood; anticipated problems related to institutions, i.e., garbage, kitchen odours, patio, and impact on the immediate area; the possibility of a nursing home with ambulance activity and emotional upsets; increased population density in a single family area; and quality of life. Mr. Peter J. Lesdow, Architect, advised that the proposal was for a retirement home for ambulatory people who do not require a nursing home; that the residential area would provide a home atmosphere and a sense of belonging; that required amenities are nearby; and the proposed use would be economically viable. It was suggested that the anticipated residents would visit their families, rather than the reverse; and that a shuttle-bus service would be provided to help alleviate traffic flow. Mr. Lesdow distributed and reviewed a brochure containing sketches of the proposed senlor citizenst residence. Mr. Tony Gudgin, 6481Erwin Crescent, stated that he had contacted all absent persons within the subject area, and either they did not object, or were in favour of the application. Following further discussion with respect to previous use of the building, capacity, and the preservation of its historical outline, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Baker, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Alderman Orr abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Baker, Cheesman, Coville, Cummings, Hinsperger, Hopkins, Janvary, and Pay. NAYE: Alderman Harrington. PD-87-88 - Chief Adm~nistrative Officer - Re: Zoning Amendment Application AM-13/87, Official Plan Amendment 159, A. Beu, Pt. Lot 18, Conc. 3, Ort Road. The report recommends the following: l) That Council support the proposed Zoning By-law amendment, as detailed in PD-87-82 and in this report, subject to the development being placed under Site Plan Control and the commercial aspect of the proposal being limited to those uses proposed; 2) That Staff be directed to prepare the amending by-law which reflects the application and site plan submitted for enactment at a subsequent meeting of Council; 3) That the applicant and the Regional Municipality of Niagara be advised accordingly. - AND - Cosmunicatlon No, 199 - Regional Niagara Planning & Development Department - Re: Preliminary Application AM-13/87, Proposed Firing Range and Gun Shop, Ort Road, south of Willick Road. The communication advises that the Regional Planning Staff would not be opposed to the application, but that the City should contact the Ontario Provincial Police Weapons Branch to determine licensing and security requirements for the storage of guns under the applicable gun control legislation. His Worship Mayor Smeaton declared the Public Meeting open, and explained that the procedure under the Planning Act, 1983, as in the previous applications would be followed· 6 The Deputy Clerk advised that the application, by way of a site specific zoning amendment, would permit the establishment of a commercial use on the lands, including an underground firing range and the repair and retailing of fire arms; that the property is located in Part of Lot 18, Concession 3, on the east side of Ort Road, south of Willick Road; and that the Notices of the Public Meeting were forwarded on May 14th, 1987, and a notice regarding the Official Plan Amendment was published in the local newspaper of May 15th, 1987. His Worship Mayor Smeaton received a positive response to his request for an indication of the presence of the applicant or his agent, and persons opposed to or in favour of the application. He asked that persons wishing to receive further notification submit their names and addresses to the Deputy Clerk before leaving the meeting. The Planning Director discussed the subject lands with the assistance of posted sketches, and reviewed the following information contained in the Technical Report: Development Proposal, Official Plan Amendment, Zoning By-law Amendment, Surrounding Land Use, Comments from Public Notification Process, and Planning Review. There was a negative response to Mayor Smeaton's request for comments from persons, other than the applicant or his agent, in support of the application. Mr. Gerry Huard, 9825 Ort Road; Mr. Mal Morris, 9901 Oft Road; and Mr. Graham Misener, 9428 Sodom Road, expressed opposition to the application for the following reasons: a retail business causing added traffic on country roads, and initiating further development in a rural area; noise from fire arms; break- ins would occur because of the business; lack of storm sewers in this flood plain area and the need for reliance upon operational sump pumps; the possibil- ity of outside shooting of fire arms; the proximity of a proposed subdivision; safety; His Worship Mayor Smeaton pointed out that the facility would be licensed under Provincial and Federal legislation. Mr. Alex Ben, applicant, stated that the facility would be completely safe and within regulations, and that most of the property would remain as agricul- tural lands- He further stated that the underground structure for the facility would be concrete, and that there would be no outside shooting of fire arms. Mr. Beu responded to questions raised with respect to the proposed business. It was moved by Alderman Hopkins, seconded by Alderman Cummings, that the application be denied. The motion was Defeated with the following vote: AYE: Aldermen Cummings and Hopkins. NAYE: Aldermen Baker, Chessman, Coville, Herrington, Hinsperger~ Janvary, Orr, 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, Chessman, Coville, Herrington, Hinsperger, Janvary, Orr, and Pay. NAYE: Aldermen Cummings and Hopkins. PD-87-85 - Chief Adainistrative Officer - Re: Zoning Amendment Application AM-12/87, B. Merrett and E. Henry, 4746 - 4748 Epworth Circle· The report recommends the following: 1) That Council support the creation of a maximum of 6 dwelling units for the subject lands, and Zoning By-law 79-200 be amended from an R2.designation to an R4 dsignation to allow construction of a Grouped Multiple dwelling; 2) That the applicant submit a revised site plan that incorporates landscaping provisions in accordance with the Zoning By-law; improved parking arrange- ments and buffering provisions with respect to adjacent properties. His Worship Mayor Smeaton declared the Public Meeting open, and advised that the procedure as in the previous applications, would be followed· 7 - AND - Comsuntcatton No. 2OOA - Petition from Area Residents - Re: Proposal for 4746 - 4748 Epworth Circle. The petition opposes the application because of density, inadequacy of landscaping area, insufficient privacy, increased parking problems, excess dust and fumes, possible speculation, units per dwelling, and the existence of R3 Zoning regulations being more acceptable and compatible with adjacent residences. - AND - Co~sunfcation No, 200B - Regional Niagara Planning & Development Department - Re: Preliminary Application AM-12/87, Proposed 8 unit Dwelling, Epworth Circle, south-east of Kincaid Place. The communication advises that Regional Planning and Regional Public Works Staff have no objections to the application. The Deputy Clerk advised that the application is to permit the construction of a 2 storey building containing 8 dwelling units, and 11 on-site parking spaces; that the property is located at 4746 - 4748 Epworth Circle; and that the Notices of the Public Meeting were mailed on May llth, 1987. Mr. Peter S. Mann, Solicitor, indicated his presence on behalf of the applicant. His Worship Mayor Smeaton received a positive response to his request for a show of hands from persons present who are in favour of, or opposed to the application. He asked that persons wishing to receive further notification of the passing 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, and reviewed the following details contained in the Technical Report: Development Proposal, Zoning By-law Amendment, Official Plan, Surround- ing Land Use, Comments from Public Notification Process, and Planning Review. He replied to questions raised with respect to the reduction in the number of units recommended by Staff. A negative response was received to Mayor Smeaton's request for comments from persons, other than the applicant or his agent, who were in support of the application. Mr. Roland Jackson, 4739 Eastwood Crescent; Mr. Roderick P. Hudson, 4763 Eastwood Crescent; Mr. Nick Burdeny, 4744 Epworth Circle; and Mrs. Joyce Barnhart, 4751 Eastwood Crescent; discussed concerns included in the petition recorded previously, and stated that the residents would prefer to have only 4 units approved; referred to the problem of dust in the area, traffic and lack of parking on Epworth Circle; and requested information regarding fencing for the development. Mr. Mann advised this his clients were prepared to reduce the number of units for the development from 8 to 6 units, and have agreed with the recommend- ations in the report that the reduced density could offer more opportunity to address concerns of the residents with respect to landscaping and buffering. He further advised that his clients were prepared to submit a revised site plan with buffering and additional parking, and further, that the parking lot would be paved, and therefore, dust would not be a problem. Mr. Mann stated that his clients would be prepared to meet with the objectors to resolve concerns. Since no further comments were forthcoming, Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinsperger, that the report be received and adopted. It was further recommended that representatives of the concerned residents be invited to participate in the site plan process. The motion Carried with the following vote: AYE: Aldermen Baker, Cheesman, Coville, Cummings, Hinsperger, Hopkins, Janvary, Orr, and Pay. NAYE: Alderman tlarrington. COMMUNICATION No. 201 - Canada Employment Centre for Students - Re: Proclamation- The communication asks Council to proclaim the week of June 20th to 27th, 1987, as "Hire a Student Week". ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the request be approved subject to established policy. Carried Unanimously. REPORTS Civic Co---~ttee - Re: Canada Day Celebrations - Proclamation. The report asks Council to approve publication of events to be held on July 1st, 1987 to honour Canada's 120th birthday. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously- P-87-20 - Chairman, Negotiating Committee - Re: Amended Collective Agreement with the Niagara Falls Professional Fire Fighters Association. The report recommends that Council ratify the amended Collective Agreement between the Corporation and the Niagara Falls Professional Fire Fighters Association for 1987/88. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and adopted. The motion Carried with the following vote: AYE: NAYE: Aldermen Baker, Cheesman, Coville, Cummings, Harrington, Hinsperger, Hopkins, Janvary and Pay. Alderman Orr. RESOLUTION No. 50 - CHERSMAN - 6"dI4~4INGS - RESOLVED that a message of condolence be forwarded to the family of the late Mrs. Freda Vincent Molloy, a highly respected member of the community, and mother of Lynn Molloy, a City employee; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. NEW BUSINESS ITEMS OF INTEREST: Citizenship Awards - Alderman Janvary referred to an article recently published in the local newspaper requesting nominations for persons considered to be "good citizens", and stated that approximately 50 certificates would be awarded at Canada Day Celebrations. Natural aas Deregulation - Alderman Cheesman referred to a communication recently received from Consumers Gas, with respect to natural gas deregulation, as announced by the Government of Canada in March 1985 and implemented November 1st, 1986, and the suggestion of the Ontario Energy Board that gas be purchased directly from Alberta producers. The communication invites members of Council to attend a one-hour seminar on Friday, June 26th, 1987, at White Oaks Inn. He suggested that Staff should be represented. 5tuford Volunteer riremens8 Association Annual Carnival - Alderman Cummings referred to the Annual Carnival to be held Wednesday, June 17th to Saturday, June 20th, 1987, at Stamford Green· flanada Day Celebrations - Alderman Janvary discussed the Canada Day Parade on July 1st, 1987, and the "Teddy Bears' Picnic", which is to be a highlight of the celebrations. 9 9 Deputy Clerk - Alderman Orr expressed appreciation of the presence of the Deputy Clerk in the absence of the Clerk. It was moved by Alderman Cummings meeting adjourn. by Alderman Coville, that the READ AND ADOPTED, BARBARA G. SCOTT, DEPUTY CITY CLERK MaYOR WII S. S~ATON TWENTY-FIFTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 June 22, 1987 Council met on Monday, June 22nd, 1987 at 7:00 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Campbell, were present. Alderman Hopkins presided as Chairman. Following consideration of th~ arose without reporting. nted, the Committee of the ~ole READ AND ,ADOPTED, ~ciTY CLSRK MAYOR WIL S. SMEATON Council Chambers June 22, 1987 Council met on Monday, June 22nd, 1987 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 Hopkins 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 June 15th, 1987, be adopted as printed. Carried Unanimously. (Alderman Campbell was not in attendance during the vote). PRESENTATION NIAGArA PARKS CONHISSION - His Worship Mayor Smeaton welcomed Chief W. Derbyshire of the Niagara Parks Police; the new General Manager of the Niagara Parks Commission, Mr. Dennis Wm. Schafer; and Mrs. Pamela V. Walker, Chairman of the Commission, to the meeting. His Worship Mayor Smeaton presented Chief W. Derbyshire with a Certificate in recognition of 100 years of service by the Niagara Parks Police to the citizens of Niagara~ the Province of Ontario~ and visitors. Mrs. Walker provided a brief outline of the Commission and its mandate, as well as information regarding the recently opened Recreation Trail for non- mechanized transportation, to be completed by 1988. DEPUTATION CONDITION OF BUILDIN6/655Y I~VML AVENUE - Comsunication No. 202 - Petition from Concerned Residents - Re: 6557 Level Avenue. The petition, signed by residents of Level Avenue, expresses the following'concerns regarding 6557 Level Avenue: 'fire hazard; unsanitary condi- tions; 4 units in one property; insufficient parking for 4 tenants; non-discre- tionary Judgment regarding tenants by, and attitude of the landlord; one sewer system; condition of property; actions end activities causing emotional upsets for neighbouts. On behalf of the residents, Mr. Will Kimberley, 6564 Level Avenue reviewed the aforementioned concerns and asked that an investigation be made and action taken to resolve the problems· ORDERED on the motion of Alderman Janvary, seconded by Alderman Chessman, that the petition be referred to Staff to investigate and submit a report at the next meeting of Council. Carried Unanimously. 2 UNFINISHED BUSINESS ~D-87-51, BINGO OPERATIONS IN NIAGARA FALLS - Report No, CD-87-51 - Chief Adsinistrative Officer - Re: CD-87-51, Bingo Operations in Niagara Falls. The report recommends that the seven recommenda- tions in the report, relative to the operation of Bingo Lotteries, be adopted by City Council. Alderman Cummings declared a conflict of interest because he is a member of an organization which conducts bingos. On behalf of the Niagara Girls' Minor Softball League, Mr. Larry Griffith distributed a Financial Statement, Improvement Plan and a sketch of the proposed Mitchelson Park Complex, as. well as a Tentative Payment Schedule, and reviewed deta'l. ls of the.~roposal. He discussed escalating costs, the safety features an~ am~iti~a~.?~l~tc. he~Son Park, and anticipated hosting of the Ontario Champibnship g..ames. - AND - Communication No. 203 - Cartie Czerewaty, Niagara Falls Gym"~stic Club - Re: Bingos. The communication asks Council to approve bingos in order to raise funds for the Club for a "landing pit". Mrs. Eloise McArthur addressed Council on behalf of the children in minor sports, and Public Administrator of the Niagara Falls Gymnastic Club. She discussed the funds needed to construct a "landing pit", and replace equipment, as well as the difficulty in raising sufficient funds for safety equipment, i.e. an "air floor" and surrounding platform. The Lottery Licensing Officer, and Lottery Licensing Inspector provided clarification of the report, and explained the difference between local and Provincial licensing. The Parks & Recreation Director discussed the policy for Wintario funding. It was agreed that the recommendations in the report would be considered individually as follows: 1) That the existing policy that an organization must be in existence for five years before being eligible for a Bingo licence be maintained. ORDERED on the motion of Alderman Baker, seconded by Alderman Cheesman, that the recommendation be received and adopted. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Baker, Cheesman, Coville, Harrington, Hinsperger, Hopkins, Janvary, Orr, and Puttick. NAYE: Aldermen Campbell and Pay. ~ 2) That the existing prize board of $3,000.00 be maintained. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the recommendation be received and adopted. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. 3) That the expansion of the afternoon and late night market be continued for another six months. ORDERED on the motion of Alderman Janvary, seconded by Alderman Harrington, that the recommendation be received and adopted. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Campbell, Cheesman, Coville, Herrington, Hinsperger, Hopkins, Janvary, Orr, Pay, and Puttick. NAYS: Alderman Baker. 4) That the policy regarding provincially licensed bingo operations be extended for one year. -3- ORDERED on the motion of Alderman Harrington, seconded by Alderman Orr, that the recommendation be received and adopted. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. 5) If Council wishes to change its policy to include sporting groups for licences to operate Bingos, that this be done by: (1) Allowing only leagues for minor sports to receive licences, and not individual teams; (2) Allowing the leagues to be licensed only by provincial licences at first; (3) Putting this system on a trial basis for one year. ORDERED on the motion of Alderman Pay, seconded by Alderman Hopkins, that the three recommendations be received and adopted. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Campbell, Cheesman, Covllle, Harrfngton, Hinsperger, Hopkins, Janvary, Pay, and Puttick. NAYE: Aldermen Baker and Orr. 6) That Council decide if it wishes to impose a form of penalty on Bingo licencees for non-compliance with Provincial regulations. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Puttick, that the penalties suggested by Staff be imposed. Following a brief discussion, Alderman Puttick withdrew his second. ORDERED on the motion of Alderman Orr, seconded by Alderman Campbell, that the following penalties imposed by the City of St. Catharines be imposed: 1st occurrence - suspension for 3 months; 2nd occurrence - suspension for 6 months; 3rd occurrence - indefinite suspension. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. 7) That the directive from the Ministry of Consumer and Commercial Relations in respect to "Mini Machine Bingo" be received and filed for information purposes. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the recommendation be received and adopted. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. LOW ALCOHOL BEVERACBS - Communication No, 204 -Ninistry of Consumer & Commercial Relations - Re: Low alcohol beverages. The communication attaches a News Release containing changes to Regulation 581 under the Liquor Licence Act, providing for the lowering of the alcohol content in products exempt from the Act from less than one percent to 0.5 percent or below. ORDERED on the motion of Alderman Baker, seconded by Alderman Pay, that the communication be received and filed. Carried Unanimously. 1987 SUPPLE~NTARY SUBSIDY REQUEST - Cossmntcation No, 205 - Nintstry of Transportation & Communications - Re: 1987 Supplementary Subsidy. The communication advises that funds are not available for supplementary distribution in 1987 to the City of Niagara Falls. -4- ORDERED on the motion of Alderman Cheesman, seconded by Alderman Campbell, that the communication be received and filed. Carried Unanimously. COMMUNICATIONS No. 206 - Niagara Falls Economic Development Agency - Re: City Owned Business Park Lands. The communication requests approval for a Multiple Listing Service on city owned lands in the Industrial Park. Mr. Charles Chataway, Director of the Niagara Falls Economic Development Agency, expressed appreciation to the Fort Erie and Niagara Falls Real Estate Association for their cooperative efforts. Alderman Coville declared a conflict of interest because she is a member of the Niagara Falls Real Estate Association. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the communication be received and the request approved. The motion Carried with Alderman Coville abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. No. 207 - Regional Niagara Public Works Department - Re: Report DEP-2534 - "Secondary Treatment, Niagara Falls Pollution Control Plant, 1987 Update on Status of Control Orders to Industries Discharging Overstrength Wastes". The communication attaches the aforementioned report. Alderman Cummings declared a conflict of interest because companies named in the report are clients of his place of employment. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the communication be received and filed. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. No- 208 - City of Welland - Re: Flood Level for Welland River Watershed. The communication requests support of a resolution to the Minister of Natural Resources, to approve the 1-in-100 year flood level for the Welland River Watershed. It was noted that a public meeting must be held before the resolution is adopted. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the communication be referred to Staff. Carried Unanimously. No. 209 - Niagara Falls F~m{ly Y.M.C.A. - Re: Slo-Pitch Tournaments - EMCO Piping Ltd., September 12th, 1987, and The Niagara Regional Police Tournament, September 26th, 1987, to be held at the Cupolo Sports Park Complex. The communication requests approval of Special Occasion Permit for the events. Alderman Campbell declared a conflict of interest because the Y.M.C.A. is a client. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that Council indicate that it has no objection to the issuance of a special occasion permit to the Niagara Falls Family Y.M.C.A. for its EMCO Piping Ltd. Slo-Pitch Tournament to be held at Cupolo Sports Park Complex, Montrose Road, on September 12th, 1987, and also for The Niagara Regional Police Tourna- ment to be held at Cupolo Sports Park Complexj Moatrose Road on September 26th, 1987, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Health Services Department, and the Liquor Licensing Board of Ontario. The motion Carried with Alderman Campbell abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. No. 210 (HANDOUT) - Niagara Falls Family Y.H,C.A. - Re: Slo-Pitch Tournament - Coors Double Play Slo-Pitch Tournament, to be held at Cupolo Sports Park Complex, on September 4 to 7, 1987. The communication asks approval of a Special Occasion Permit for the event· 5 Alderman Campbell declared a conflict of interest because the Y.M.C.A. is a client. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that Council indicate that it has no objection to the issuance of a special occasion permit to the Niagara Falls Family Y.M.C.A., for its Coors Double Play Slo-Pitch Tournament to be held at Cupolo Sports Park Complex, Montrose Road, on September 4th, 5th, 6th, and 7th, 1987, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Health Services Department, and the Liquor Licensing Board of Ontario. The motion Carried with Alderman Campbell abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. No. 211 - Student Administrative Council, Niagara College - Re: Proclamation. The communication asks Council to proclaim September 18th, 1987, as "Shinerama Day". Alderman Orr declared a conflict of interest because she is employed with the College. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger that the request be approved subject to established policy. The motion Carried with Alderman Orr abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. No. 212 - Great Lakes United - Re: Proclamation. The communication asks Council to proclaim the week of July 20th to 26th, 1987, as "Great Lakes Week". ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the request be approved subject to established policy. Carried Unanimously. No. 213 - Federal Business Development Bank- Re: Proclamation. The communication asks Council to proclaim the week of October 25th to 31st, 1987 as "Small Business Week". ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the request be approved subject to established policy. Carried Unanimously. No. 214 - Lions Club, Niagara Falls - Re: Lions Centre. The communication asks the permission of Council to build a Lions Centre building on land leased from the City. - AND - Report No, B-87-45 - Chief Administrative Officer - Re: Lions Centre Building, West Side Drummond Road South of Hydro Canal. The report recommends that the City of Niagara Falls enter into an Agreement with the Niagara Falls Club to permit the construction of a Lions Centre building on the land which is owned by the City and leased to the Lions Club since 1971. Alderman Janvary declared a conflict of interest because she is President of the ladies' group. Dr. Harris Zavitz, Chairman of the Building Committee Membership, Niagara Falls Lions Club, was in attendance to confirm the request. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger that the communication be received and approval granted, and 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 all others voting in favour. No, 215 - The Tornship of South Crosby - Re: Quebec Joining Canadian Constitution, The communication requests the support of Council in a resolution urging the Provincial Government to oppose the changes to the Canadian Constitution· -6- Alderman Cheesman declared a conflict of interest because a member of the family is on the Council. ORDERED on the motion of Alderman Pay, seconded by Alderman err, that the communication be received and filed. The motion Carried with Alderman Cheesman abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Baker, Campbell, Coville, Cummings, Harrington, Hinsperger, Janvary, err, Pay and Puttick. NAYE: Alderman Hopkins. No. 216 - Dan D'Addio, Terry Fox Con~4ttee Chairman - Re: 7th Annual Terry Fox Run. The communication requests permission to hold the annual Terry Fox Run scheduled for September, 1987. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the request be granted subject to the approval of other authorities, and Staff be authorized to coordinate the event. Carried Unanimously. No. 217 -N ark Newman - Re: IOOth Anniversary, Niagara Gorge High Wire Crossing. The communication asks recognition by Council of the 100th Anniver- sary of the high wire crossing of the Niagara River gorge by Stephen Peer. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that a letter of recognition be forwarded to the Newman family. Carried Unanimously. No, 218 - Canadian Cancer Society - Re: Proposed No Smoking By-law. The communication supports the proposed by-law to restrict smoking. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. REPORTS CD-87-46 - Chief Administrative Officer - Re: Proposed Plan of Subdivision, "Belleview Estates" (George), File No. 26T-87009; Owners: Peter RadoJcic (In Trust). The report recommends that the City Clerk be authorized to process the application for the "Belleview Estates" (George) Subdivision and that a report be prepared for Council's further consideration of this plan based on technical information received, public input, etc. His Worship Mayor Smeaton reviewed the procedure to be followed for this public meeting on the subject matter. Mr. George RadoJcic addressed Council on behalf of the developer. He stated that the development was "worthwhile and consisteht with the City plan for that area of the City", and further, that the 50 single family residential homes would be beneficial for the City. There was a negative response to Mayor Smeaton's request for comments from interested persons present. During the discussion, Alderman Pay advised that he had received calls from residents on Kalar Road expressing concern regarding water pressure north of the development, and asked that this matter be addressed. A further concern regarding the names of the streets was expressed by Alderman Cummings, with the request that comments from the Fire and Police Departments with respect to this matter be included in the report to be submitted by Staff. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Htnspergers that the report be received, and the City Clerk be authorized to-proceed. Carried Unanimously. CI)-87-47 - Chief Administrative Officer - Re: Proposed Plan of Subdivision, "Heritage Village" Subdivision, File No. 26T-87011; Owners: Native Heritage Realty Ltd, The report recommends that further processing of the "Heritage L -7 - Village" Subdivision be held in abeyance pending the removal of the current development freeze applicable to the subject area. His Worship Mayor Smeaton advised that the same procedure would be followed as in the previous report for this public meeting. Ms. Shirley Fisher, 6460 Armstrong Drive, stated that the subject property had been purchased for the purpose of a residential development along Lyon's Creek Road. She responded to questions raised with regard to lot sizes. During the discussion, the Director of Municipal Works replied to questions raised regarding a recent rainfall, and flooding in the subject area. He stated that the problem would be addressed at the upcoming Municipal Works Committee meeting. ORDERED on the motion of Alderman Hineperger, seconded by Alderman err, that the report be received and adopted, and that the matter be held in abeyance pending receipt of a report on flooding problems in Chippawa. Carried Unanimously. CI)-87-48 - Chief Administrative Officer - Re: Proposed Plan of Subdivision, "Mountaingate Estates", File No. 26T-87015; Owners: 527786 Ontario Limited. The report recommends that the City Clerk be authorized to process the applica- tion for the "Mountaingate Estates" Subdivision, and that a report be prepared for Council's further consideration of this plan based on technical information received, public input, etc. His Worship Mayor Smeaton advised that the public meeting on this matter would proceed in a similar manner to the previous two applications. Mr. Eric Henry, Manager of Metre Trailer Services, was in attendance and advised that he was in favour with the recommendation in the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. Cl)-87-50 - Chief Administrative Officer - Re: Surplus Municipal Property, North Side of Bridge Street, Former Athletic Field, Part Lot 92, Former Township of Stamford, now in the City of Niagara Falls. The report recommends that Staff be authorized to re-advertise the Bridge Street surplus property for sale by the tendering process indicating the estimated value in the notice. Mr. Charles Chataway, Director, Economic Development Agency, advised that he was awaiting Council's direction in this matter. 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, Campbell, Cheesman, Coville, Cummings, Harrington, Hineperger, Hopkins, err, Pay and Puttick. NAYE; Alderman Janvary. C-87-14 - Chief Ad~inistrative Officer 7 Re: Lot 23, Plan Fb67. The report reconmends the following; 1). That Council authorize the sale of Lot 23, Plan ~67 to 612465 Ontario Limited O/A International Sew-Right Company at the purchase price of $18,800.00, subject to the Purchaser entering into the City~s Standard Agreement of Purchase and Sale; 2) That Council enact the by-law to authorize the sale of this lot. Alderman Coville declared a conflict of interest because she is a member of the MLS Board. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger that the report be received and adopted. The motion Carried with Alderman Coville abstaining from the vote on a conflict of interest previously recorded, and with all others voting in fayour. See By-law No. 87-130 -8- S-g7-11 - Chief Adainistrative Officer - Re: Conveyance of Lots 70 and 71 according to Plan N.S. 39 to Ascot Woods Ltd. The report recommends that the by-law appearing on tonight's agenda to authorize the conveyance of Lots 70 and 71 on Plan N.S. 39 to Ascot Woods Ltd., be passed. ORDERED on the motion of Alderman Baker, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See By-law No. 87-131 R-87-21 - Chief Adainistrative Officer - Re: Niagara Falls Arena Time Clock Sponsorship- The report recommends that Council authorize Staff to obtain quotes for the purchase and installation of a new time dock for the Niagara Falls Memorial Arena and that $15,000.00 he taken from the 1987 "contribution to capital spending account" (Number 13010), and that the remaining amount be allocated in the 1988 operating budget. ORDERED on the motion of Alderman Coyills, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously- R-87-24 - Chief Adm~nistrative Officer - Re: Tuflex Resilient Floor Tile. The report recommends that approval be given to place an order with Crystaplex Plastics Ltd. for the purchase of Tuflex Floor Tiling for the changeroom facilities at the Niagara Falls Memorial Arena- The cost for this order is $9,148.50, which has been included in the 1987 budget. ORDERED on the motion of Alderman Campbell, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously- B-87-39 - Chief Administrative Officer - Re: The Building & Inspections Department Report for May 1987. The report provides information regarding Permits Issued and Highlights for May 1987, as well as June Proposals. The Building Department was commended on an "excellent" report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Herrington, that the report be received and filed. Carried Unanimously- B-87-40 - Chief Administrative Officer - Re: Site Plan Approval, Proposed 40 Seat Coffee Shop, North-east Corner of Jepson Street & Victoria Avenue. The report recommends that the Council approve the site plan on display at tonightts meeting, being a proposed coffee shop, and the site plan being sheet number 1, and filed with the Buildings and Inspections Department of the City of Niagara Falls on May 28, 1987, and that such approval be subject to the conditions included in the report. ORDERED on the motion of Alderman Pay, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. B-87-41 - Chief Administrative Officer - Re: Site Plan Approval, Proposed Commercial Addition to Morgan Animal Hospital, 6251 O'Neil Street. The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed commercial addition, and the site plan being drawing number A-I, dated May 1987 as revised, and the site servicing and grading plan being drawing number 87022-1 dated June 15, 1987 as revised, and filed with the Buildings and Inspections Department of the City of Niagara Falls on June 17~ 1987, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Payt that the report be received and adopted. Carried Unanimously. B-87-42 - Chief Administrative Officer - Re: Revised Site Plan Approval, Proposed 92 Bed Retirement Lodge (former Falls View School), 5781 & 5839 Dunn Street. The report recommends that the Councll approve the site plan on dlsplay at tonight's meeting, being a proposed retirement lodge, and the site plan dated April 1987 as revised, and filed with the Buildings and Inspections Department of the City of Niagara Falls on June 4th, 1987, and that such approval be subject to the conditions contained in the report. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the report be received and adopted· Carried Unanimously. -9- B-87-43 - Chief Administrative Officer - Re: Site Plan Approval, Proposed Industrial Warehouse Building, South Side and Near Westerly End of Fraser Street. The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed warehouse Building, and the site plan being drawing number 1, and dated June 1987 and filed with the Buildings and Inspections Department of the City of Niagara Falls on June 19, 1987, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. B-87-44 - Chief AaBlutstrative Officer - Re: Site Plan Approval, Proposed 7 Storey 106 Unit Hotel, Stanley Avenue and Allendale Avenue, AM-7/86. The report recommends that the Council approve the site plan on display at tonightts meeting, being a proposed hotel, and the site plan being drawing number A-l, and dated June 5, 1987, the elevation plan being drawing number A-2 and dated June 7, 1987, and the site services plan being drawing number SS-1 dated June lOth, 1987, and filed with the Buildings and Inspections Department of the City of Niagara Falls on June 11, 1987, and that such approval be subject to the conditions contained in the report. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. MW-87-113 - Mue/cipal Works Comm{ttee - Re: Committee Reports. The report recommends the following: 1) MW-87-97, Garbage Collection at Trailer Camps - It is recommended that this information report be received and filed. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Pay, that the recommendation be received and adopted. Carried Unanimously. 2) MW-87-112, Rural Road Strategy - It is recommended that Council endorse the general procedure, outlined in the report, for the construction and maintenance of rural roads. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Covtlle, that the recommendation be received and adopted. Carried Unanimously. MW-87-115 - Chief Aam~nistrative Officer - Re: Engineering Assignment - Hillsdale Estates Subdivision. The report recommends the following: 1) 2) That the by-law which appears on tonight's agenda authorizing the Mayor and Clerk to sign an Agreement with Group 2 Development Ltd. for the purpose of providing funds prior to entering into a Subdivision Agreement with this company to finance the engaging of an Engineering Consultant for design work, construction layout, construction inspection and contract administra- tion related to providing Municipal services for Hillsdale Estates Subdivision be approved; and That the by-law which appears on tonight's agenda authorizing the Mayor and Clerk to sign an Engineering Agreement with Conlin Engineering & Planning Ltd. for the design of Municipal services, construction layout, construc- tion inspection and contract administration for Hillsdale Estates Subdivision be approved subject to the receipt of funds acquired from the Developer through the recommended Agreement with Group 2 Development Ltd. that ORDERED on the motion of Alderman Htnsperger, seconded by Alderman Pay, the report be received and adopted· Carried Unanimously. See By-law No. 87-133, and By-la~ No. 87-134. MW-87-I18 - Chief Administrative Officer - Re: Quit Claim from city to Region of Parts of Niagara Road 51 (Victoria Avenue, Ferry Street and Lundy's Lane). The report recommends that Council pass the By-law on tonight's agenda to authorize the execution of a Quit Claim from the City to the Region of 64 parcels of land forming parts of Niagara Road 51. .... 10 - 10 - - 11 - ORDERED on the motion of Alderman Pay, seconded by Alderman Harrtngton, that the report be received and adopted. Carried Unanimously. See By-law No. 87-132. MW-87-I19 - Chief Administrative Officer - Re: Engineering Assignment - Forest Glen Estates Subdivision. The report recommends the following: 1) That the services of Conlin Engineering & Planning Ltd. be engaged to provide design, construction layout, construction inspection and contract administration for Municipal services for Forest Glen Estates Subdivision; 2) That Staff be authorized to arrange for the preparation of an Engineering Agreement between Conlin Engineering & Planning Ltd. and the City; 3) That Staff be authorized to prepare an Agreement between Forest Glen Estates (Niagara) Ltd. and the City for the purpose of providing funds prior to entering into a Subdivision Agreement with this company to finance the engaging of the Engineering Consultant for design work, construction layout, construction inspection and contract administration related to providing Municipal services for Forest Glen Estates Subdivision. ORDERED on the motion of Alderman Pay, seconded by Alderman Hlnsperger, that the report be received and adopted. Carried Unanimously. NW-87-120 - Chief Administrative Officer - Re: Contract R.C. 13-87 - Curb & Gutter and Base Asphalt Road Construction in the Parkway Gardens Subdivision - Phase II. The report recommends that the unit prices submitted by the low tendeter, Hard Rock Paving Company Ltd., be accepted and this contract be awarded. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 51. See By-law No. 87-129. NW-87-122 - Chief Adainistrative Officer - Re: Storm Sewer Easement for Proposed Mausoleum Site. The report recommends that Staff be authorized to submit an application to Ontario Hydro for a storm sewer easement on behalf of Niagara River Construction Limited. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. NW-87-123 - Chief Adsinistrative Officer - Re: 1987 Capital Budget Projects - C.A.I.P. 4 Queen Street Area, Watermain on Erie Ave. (Queen to Bridge Sis.), Road Reconstruction on Erie Ave. (Park to Bridge Sts.). The report recommends that the by-laws appearing on tontght's agenda be passed by Council. ORDERED on the motion of Alderman 0rr, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See By-law Nos. 87-127, 87-135, and No. 87-141. NW-87-124 - Chief Administrative Officer - Re: AM-5/87 for CMD Inc. on Morrison Street - Zoning By-law and Development Agreement. The report recommends the following| 1) That the zoning by-law appearing on the Council agenda be approved; and 2) The by-law on the agenda authorizing execution of the development agreement for this property be approved. Alderman Hopkins declared a conflict of lnterest because a member of his family is employed with the company involved. ORDERED on the motlon 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 with all others voting in favour. See By-law No. 87-139, and By-law No. 87-140. NW-87-129 - Nuntctpal Works Con~tttee - Re: Purchase of Street Lights and Poles for Erie Avenue & Queen Street. The report recommends that the required street lights and poles for the C.A.I.P. Program on Queen Street from Ontario Avenue to Crysler Avenue, and on Erie Avenue from Huron Street to Park Street, and the road reconstruction on Erie Avenue from Park Street to Bridge Street, be ordered from Goodwill Electric Supply Limited at an estimated cost of $162,100.00. ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See Resolution No. 52. ~W-87-130 - Chief Adainistrative Officer - Re: Road Maintenance Tenders. The report recommends that the low tenders indicated on Schedule "A" attached, be awarded the work as outlined in Schedule "B" attached. ORDERED on the motion of Alderman Baker, seconded by Alderman Pay, that the report be received and adopted. Carried Unanlmously~ See Resolution No. 53. See By-law Nos. 87-128, 87-136, 87-137 & 87-138. F-87-36 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $10,318,154.41 for the period ending June 22, 1987 be approved by the passing of the by-law appearing later on the agenda. Aldermen Cheesman and Harrington declared conflicts of interest on Cheque No. 24880, because they are employed with the Board; and Alderman Cheesman declared a conflict of interest on Cheque No. 25086 because his wife is employed with the Board. Alderman Hinsperger declared a conflict of interest on Cheque No. 24860 because he is employed with the company. Alderman Hopkins declared a conflict of interest on Cheque No. 24918 because a member of his family is employed by the firm. Additional information was provided on Cheque Nos. 24829, 24982, 25119 and 25124. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and adopted. The motion Carried with Aldermen Cheesman, Harrington, Hinsperger and Hopkins abstaining from the~ote on Cheque Nos. 24880, 25086, 24860 and 24918 consecutively, on conflicts of interest previously recorded; Aldermen Orr and Puttick voting contrary on Cheque No. 24978; and with all others voting in favour. F-87-37 - Finance Comaittee - Re: Committee Reports. The report recommends the following~ 1) Niagara Falls Canucks - Financial Assistance - The report recommends that Council adopt Staff's recommendation to deny the request of the Niagara Falls Canucks for financial assistance for the purchase of rings for the team. - 12 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell. that the recorranendation be received and adopted. Carried Unanimously. 2) Niagara Falls Curling Club - Financial Assistance - The report recommends that financial assistance be awarded to the Niagara Falls Curling Club in the amount of $1,500.O0 as requested. Alderman Pay declared a conflict of interest because he has a share in the Club. ORDERED on the motion of Alderman Cummings, seconded by Alderman Herrington that the recommendation be received and adopted. The motion Carried with Alderman Pay abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Cummings, Harrtngton, Hinsperger, Hopkins, Janvary, Orr and Puttick. NAYE: Alderman Covtlle. 3) Collection of Taxes= Policy & Procedure - The report recommends that Council approve the Policy and Procedures for the collection of Taxes. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the recommendation be received and adopted. Carried Unanimously. 4) Status of Taxes & Properties Subject to Registration - The report recommends that the Status of Taxes and Properties Subject to Registration be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington that the recommendation be received and adopted. Carried Unanimously- CD-87-49 - Chief Administrative Officer - Re: AM-29/86, Restricted Area By-law No. 87-55, Proposed Townhouse Dwellings, West Side of Portage Road, North of Althea Street. 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 Janvary, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 51 - PAY - HINSPERCRR - RESOLVED that the unit prices submitted by Hard Rock Paving Company Ltd., for Contract R.C. 13-87 - curb and gutter and base Asphalt road construction in the Parkway Gardens Subdivisi~n - Phase II, be accepted at the low tendered amount of $77,909.20; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 52 - ORR- PAY - RESOLVED that the unit prices submitted by Goodwill Electric for the purchase of street lights and poles for Erie Avenue and Queen gtreet, be accepted at the low tendered amount of $162,100.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 53 -lAKE l t- PAY - RESOLVED that the unit prices submitted by the low tendeter8 indicated on Schedule "A" attached, be accepted as outlined in Schedule "B" attached; 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 by-law, and the by-law be read a first and second time: , . . . 13 - 13 - No, 87-127 - A by-law to authorize the reconstruction of Erie Avenue from Park Street to Bridge Street. Carried Unanimously. 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 for a first time: No, 87-128 - A by-law to authorize the execution of an agreement with Pollard Bros. (Calcium) Ltd. for dust control on certain roads within the City of Niagara Falls. No, 87-129 - A by-law to authorize the execution of an agreement with Hard- Rock Paving Company Limited for curb, gutter and base asphalt construction in the Parkway Gardens Subdivision - Phase II. No. 87-130 - A by-law to authorize the sale of land in the Falls Industrial Park Extension. No. 87-131 - A by-law to authorize the conveyance of Lots 70 and 71 on Plan N.S. 39 to Ascot Woods Ltd. No, 87-132 - A by-law to authorize the execution of a Quit Claim to The Regional Municipality of Niagara of lands to form part of Niagara Road 51 (Victoria Avenue, Ferry Street and Lundy's Lane). No, 87-133 - A by-law to authorize an agreement with Group 2 Development Limited for payment of consulting engineering services. No, 87-134 - A by-law to authorize an agreement with Conlin Engineering and Planning Ltd. No, 87-135 - 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, 87-136 - A by-law to authorize the execution of an agreement with NorJohn Limited for surface treatment of roads. No. 87-137 - A by-law to authorize the execution of an agreement with Norjohn Limited for the 1987 cold mix open graded resurfacing program. No, 87-138 - A by-law to authorize the execution of an agreement with Northland Bitulithic Limited for 1987 hot mix asphalt overlays. No. 87-139 - A by-law to authorize the execution of a development agreement with First Niagara Insurance Limited and CMD Inc. No. 87-140 - A by-law to amend By-law No. 79-200, as amended. (AM-5/87 CMD Inc. Zoning by-law amendment as revised 1987 06 19). No, 87-141 - A by-law to authorize the construction of works in the City of Niagara Falls Commercial Area Improvement Program area No. 2. No, 87-142 - A by-law to provide monies for general purposes. The motion Carried with Alderman Coville abstaining from the vote on By-law No. 87-130, on a con'~ict of interest previously recorded in Report C-87-14; Alderman Hopkins abstaining from the vote on By-law Nos. 87-139 and 87-140, on a conflict of interest previously recorded in Report No. MW-87-124; Aldermen Chessman, Harrington, Minsperger and Hopkins abstaining from the vote on By-law No. 87-142 on conflicts of interest previously recorded in Report No. F-87-36; Aldermen Orr and Puttick voting contrary on By-law No. 87-142 as previously recorded in Report No. F-87-36; and with 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: - 14 - No. 87-128 - A by-law to authorize the execution of an agreement with Pollard Bros. (Calcium) Ltd- for dust control on certain roads within the City of Niagara Falls. No. 87-129 - A by-law to authorize the execution of an agreement with Hard- Rock Paving Company Limited for curb, gutter and base asphalt construction in the Parkway Gardens Subdivision - Phase II. No. 87-130 - A by-law to authorize the sale of land in the Falls Industrial Park Extension- No. 87-131 - A by-law to authorize the conveyance of Lots 70 and 71 on Plan N.S. 39 to Ascot Woods Ltd. No. 87-132 - A by-law to authorize the execution of a Quit Claim to The Regional Municipality of Niagara of lands to form part of Niagara Road 51 (Victoria Avenue, Ferry Street and Lundy's Lane). No. 87-133 - A by-law to authorize an agreement with Group 2 Development Limited for payment of consulting engineering services. No. 87-134 - A by-law to authorize an agreement with Conlin Engineering and Plannlng Ltd. No- 87-135 - 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. 87-136 - A by-law to authorize the execution of an agreement with NorJohn Limited for surface treatment of roads. No. 87-137 - A by-law to authorize the execution of an agreement with NorJohn Limited for the 1987 cold mix open graded resurfacing program. No. 87-138 - A by-law to authorize the execution of an agreement with Northland Bitulithic Limited for 1987 hot mix asphalt overlay.s. No. 87-139 No. 87-140 - A by-law to authorize the execution of a development agreement with First Niagara Insurance Limited and CMD Inc- - A by-law to amend By-law No. 79-200, as amended. (AM-5/87 CMD Inc. Zoning by-law amendment aa revised 1987 06 19). No. 87-141 No, 87-142 - A by-law to authorize the construction of works in the City of Niagara Falls Commercial Area Improvement Program area No. 2. - A by-law to provide monies for general purposes. The motion Carried with Alderman Coville abstaining from the vote on By-law No. 87-130, on a co'~ict of interest previously recorded; Alderman Hopkins abstaining from the vote on By-law Nos. 87-139 and 87-140, on a conflict of interest previously recorded; Aldermen Chessman, Harrington, Hinaperger and Hopkins abstaining from the vote on By-law No. 87-142 on conflicts of interest previously recorded; Aldermen Orr and Puttick voting contrary on By-law No. 87-142 as previously recorded; and with all others voting in fayour. NEW BUSINESS ITEMS OF CONCERN: Littering/City of Niagara Falls - His Worship Mayor Smeaton referred to a handout communication from Mt88 Meltssa Ntven, expressing concern regarding littering throughout the City of Niagara Falls. ORDERED on the motion of Alderman Pmttick, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. - 15 - ITEMS OF INTEREST: Social Planning Council/Report: Chlldren in Poverty - Alderman Cheesman referred to the handout report from the Social Planning Council with respect to Children in Poverty. The Municipal Threat to Defense - 'Alderman Cheesman referred to the above mentioned handout excerpt by David Regan and 'stated '~h~t the i~formation should be noted. Ontarlo Arenas Convention Alderman Puttick referred to his attendance at the recent Ontario Arenas Association Convention, and discussed the plaque presented to Clare Dahmer at the Convention, which will be placed on display at the Stamford Arena. Alderman Puttick discussed the beauty and vibrancy of the downtown area in Kingston. He stated that he would be submitting a report. Royal VIsit/Duke & Duchess of York - His Worship Mayor Smeaton advised that information would be submitted to Council in the very near future with respect to the upcoming Royal Visit. Anntversary/Lundy's Lane HIstorical Society - Alderman Hopkins advised that an anniversary celebration of the Lundy's Lane Historical Society would be held at All Saints' Hall, Tuesday, June 23rd, 1987 at17:30 p.m., which is open to the public. Hr. Smrek - National Basketball Association - Alderman Coville asked that a letter of congratulations be forwarded to Mr. gmrek who is playing on the Los Angeles Lakers, N.B.A. team. Canada Day Celebrations - Alderman Janvary invited Council members to assist with the filling of "boodle bags" on Wednesday, June 24th, 1987 at 4:00 p.m. at the Niagara Falls Arena. Alderman Janvary stated that on Tuesday, June 30th, 1987, assistance was needed to set up for the Canada Day celebrations, that the large flag had been received. She requested approval of a $500.00 reserve fee to be used for the celebrations, if required. ORDERED on the motion of Alderman Orr, seconded by Alderman Covtlle, that the request for a $500.00 reserve fee for Canada Day celebrations be granted. Carried Unanimously. It was moved by Alderman Chessman, seconded by Alderman Cummings, Council adjourn to Committee of ~d Carried Unanimously. that WHOLS Committee Room #1 April 7, 1987 Council met on Monday, June 22nd, 1987 at 9:35 p.m. in Committee of the Whole, following a regular meeting. All members of Council were present. Alderman Hopkins presided as Chairman. - 16 - Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, COUNCIL MEETING ~~MEATON Council Chambers June 22, 1987 Council reconvened in formal session on Monday, June 22nd, 1987 at 9:45 p.m. following a meeting in Committee of the Whole. All members of Council were · present. His Worship Mayor Smeaton presided as ~hairman. The meeting adjourned. READ AND ADOPTED, MAYOR S. SMEATON TWENTY-SIXTH MEETING COMMITTEE OF THE WHOLE Committee Room July 13, 1987 Council met on Monday, July 13th, 1987 at 6:45 p.m. in Committee of the Whole. All members of Council were present. Alderman Hopkins presided as Chairman. Following consideration of the arose without reporting. ~sented, the Committee of the Whole READ AND ADOPTED, BARBARA G. SCOTT, DEPUTY CITY MAYOR S. SMEATON PLANNi MEETING Council Chambers July 13, 1987 Council met on Monday, July 13th, 1987 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 Cheesman offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the minutes of the Public Meeting held June 10th, 1987, and the meeting held June 22nd, 1987, be adopted as printed. Carried UnanimoUsly. REPORTS - PLANNING MATTERS PD-87-93 - Chief ~Anttnistrative Officer - Re: Zoning Amendment Application AM-17/87, Far East Chinese Restaurant, 6536 Thorold Stone Road. The report recommends the following: 1) 2) That Council support the proposed amendment to Zoning By-law 79-200 to permit the extension and enlargement of an existing restaurant; That Council direct Staff to prepare an appropriate Zoning By-law amendment which reflects the application submitted; 3) That the applicant enter into a site plan agreement with the Municipality; 4) That the applicant and the Regional Municipality of Niagara be advised accordingly. Communication No. 219 - Regional Niagara Planning & Development Department - Re: Preliminary Application AM-17/87, Expansion of a Restaurant, Thorold Stone Road, west of St. James Avenue. The communication advises that Regional Planning Staff is not opposed to the proposal providing the expansion is designed to minimize posaible impacts; and further, that the Regional Public Works Staff have no objection, but have submitted comments on access to the Regional road and the desirability of a road widening. His Worship Mayor Smeaton declared the Public Meeting open, and reviewed the procedures to be followed under the Planning Act, 1983. The Deputy Clerk advised that the application is for a rezoning to enlarge an existing legal non-conforming use, being a restaurant, by the addition of 2,170 square feet onto the west side of the existing building; the first floor of the addition to be used as a dining lounge for the restaurant, and the second -2- floor for living quarters. She dfscussed the location of the property; and advised that the Notices of the Public Meeting were forwarded on June 9th, 1987. A positive response was received to Mayor Smeaton's request for an indication of the presence of the applicant or his agent; and a negative response to the request for a show of hands from persons, other than the applicant, in favour of, and persons present opposed to the application. His Worship Mayor Smeaton advised that persons wishing to receive further notice of the passage of the by-law should submit their names and addresses to the Deputy Clerk prior to leaving the meeting. The Planning Director discussed the subject property with the assistance of posted sketches; and reviewed the following information contained in the Technical Report: Development Proposal, Zoning By-law Amendment, Official Plan, Comments From Public Notifioatlon Process, Surrounding Land Uses, Planning RevieWd and-Site Plan Review. MrI-IErnest R. Clifford, Solicitor, on behalf of the applicant, concurred with the Staff report, and replied to questions raised regarding traffic flow. He advised that the matter of ingress/egress could be considered with the Planning Department in site planning. Since no further comments were forthcoming, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be received and filed, and further, that the report be received and adopted and the application approved. Carried Unanimously. PD-87-94 - Chief Administrative Officer - Re: Zoning Amendment Application AM-18/87 - Fidelity Leather & Vinyl Products Ltd., 4256 Montrose Road. The report recommends the following: 1) That Council support the proposed amendment of Zoning By-law 79-200 to allow construction of a bake shop and coffee shop, which will act as an ancillary use to the proposed bakery operation; 2) That the lands be placed under Site Plan Control to ensure that such matters as proper ingress/egress are achieved; 3) That Council direct Staff to prepare an appropriate Zoning By-law amendment which reflects the application submitted; 4) That the applicant and the Regional Municipality of Niagara be advised accordingly. - AND - Communication No. 220 - Regional Riagara Planning & Development Department - Re: Preliminary Application AM-18/87, Proposed Bake Shop and Coffee Shop, Montrose Road, north of Gallinger Street. The communication advises that Regional Planning Staff are not opposed to the proposal, and suggests that if the City supports the application, that the implementing zoning amendment set limits on the size of the shop, and to minimize the conversion of industrial lands to commercial uses. His Worship Mayor Smeaton declared the Public Meeting open, and advised that the procedure under the Planning Act, 1983 would be followed. The Deputy Clerk advised that the application is for a rezoning by way o~ a special provision to permit the construction of a bake shop and coffee shop which will act as an ancillary use to a proposed bakery operation; stated that the property is located at 4256 Montrose Road in the area known as the Kent Street Industrial Park, and that a one storey block building presently used for manufacturing on the property, will be retained. She stated that the Notices of th~ Public Meeting were forwarded on June llth, 1987. In response to Mayor Smeaton~s request, the applicant indicated his presence. His Worship Mayor Smeaton received a negative response to his request for a show of hands indicating the presence of persons, other than the applicant or his agent, in favour of, or opposed to the application. He asked that any persons wishing to receive further notice of the passage of the by-law to submit names and addresses to the Deputy Clerk prior to leaving the meeting. L 3 The Planning Director discussed the subject property with tile assistance of posted sketches; and reviewed the following information contained in the Technical Report: Development Proposal, Zoning By-law Amendment, Official Plan, Comments From Public Notification Process, Surrounding Land Use, Plannfng Review, and Site Plan Review. He replied to questions raised regarding dominant and ancillary uses, size limitation on the coffee shop, and explained that the zoning amendment was required only for the sale of coffee and related products. Since no further comments were forthcoming, Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hfnsperger, that the communication be received and filed, and further, that the report be received and adopted, and the application approved. The motion Carried with the following vote: AYE: Aldermen Campbell, Chessman, Coville, Cummings, Harrington, Hinsperger, Hopkins, Janvary, Orr, Pay, and Puttick. NAYE: Alderman Baker. PI}-87-92 - Chief Administrative Officer - Re: Status Report - Commercial/ Office Opportunities Study. The report recommends the following: 1) That this status report be received and filed; 2) That the Community Planning Advisory Branch of the Ministry of Municipal Affairs be advised, by Council resolution, that November 30, 1987 has been designated as the finalization date for the Commercial/Office Opportunities Study. ORDERED on the motion of Alderman Baker, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. See Resolution No. 54. REGULAR MEETING DEPUTATIONS CANADA EI4PLOY!~NT aNTRE FOR STUDENTS - Ms. Paula L. Griffiths, Supervisor, Canada Employment Centre for Students, provided information regarding historical and statistical data with respect to goals, activities, as well as participation in promotional events and involvement in the community. His Worship Mayor Smeaton expressed appreciation of her efforts. TIPPINO FEES & DISPOSAL RESTRICTIONS AT MOUNTAIN ROAD LANDFILL SITE - R~/-87-139 - Chief Administrative Officer - Re: Tipping Fees and Disposal Restrictions at Mountain Road Landfill Site. The report includes twelve recom- mendations for the consideration of Council. - AND - Communication No. 221A - John B. Hopkins, Solicitor - Re: MW-87-121, Tipping Fees and disposal restrictions at Mountain Road landfill site. The communication advises that the firm has been retained by Sam LaRosa and 149 other concerned citizens, and requests that the matter be deferred until after Labour Day. - AND - Communication No. 221B - The Chamber of Commerce Niagara Falls, Canada - Re: Tipping and Disposal Restrictions at Mountain Road Landfill Site. The communication asks that Council postpone making a decision regarding tipping fees until a September Council meeting. Alderman Hopkins declared a conflict of interest because a member of his family has a client with an interest. -4- Mr. John B. Hopkins, Solicitor, referred to his communication requesting that the matter be deferred to a date after Labour Day, and submitted the following reasons: absence of interested parties because of tourist season; Chamber of Commerce request for deferment; time limitation for implementation of fee schedule; his recent interest in this complex issue; and the fairness of business and industry delivering garbage and being penalized by paying an extra fee. He suggested that a policy with respect to large volume users would have to be considered, and further, that Council should consider the "whole issue on facts available rather than a partial problem". During the discussion, it was pointed out that members of the industrial and tourist sector should be given the opportunity to participate in discussions re- garding tipping fees, and that a Committee be formed to include Members of Council, Staff, E.D.A., and representatives of the tourist and industrial sectors, fgr informal discussions and a resolution submitted to Council later in 1987. Mr. Glenn B. Gandy, Executive Director, Chamber of Commerce Niagara Falls, and Michael Gruyich, representing the Skylon Tower and Michael's Inn, stated that they concurred with deferment of the matter. Mr. Gandy asked that the Chamber be allowed to participate in the Committee. The Director of Municipal Works pointed out that the Public Meeting held in March 1987, to review the matter of tipping fees, had been advertised and the Chamber of Commerce and many other interested citizens had been contacted. ORDERED on the motion of Alderman Harrington, seconded by Alderman Pay, that the matter be referred to Staff for a report at the next meeting of City Council, with terms of reference to establish a realistic time frame and a Committee comprised of Members of Council, Staff, and representatives of the tourist and industrial sectors, to discuss tipping fees. 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, Cheesman, Coville, Cummings, Harrington, Hinsperger, Janvary, Pay, and Puttick. NAYE: Aldermen Baker and Orr. COMMUNICATIONS No. 224 - Niagara Transit - Re: Bus Bays - Thorold Stone Road. The communications asks Council to endorse a recommendation to install bus bays on Thorold Stone Road, at Brookdale Drive and Collard Avenue, and to forward the approval to the Region for action. ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary, tbat the communication be received and filed, and tbe request be endorsed; and the matter referred to the Region. Carried Unanimously__. No. 225 - Elsie & Edwin Kneller - Re: Consent Application B-643-87, Part Lot 7 & 9, Broken Front Concession. The communication asks Council to reconsider the proposed severance. Mrs. Kneller reviewed action previously taken to allow severance of the subject property, and referred to a letter from the Ministry of Agriculture and Food, attached to her submission, which withdraws concerns respecting contraven- tion of the Minimum Distance Separation Formulae of the Agricultural Code of Practice, but does object to a non-farm residence within the agricultural designation. She stated that adjoining lands were not being used for agricul- tural use. The Planning Director pointed out that even if the City changed its position with respect to the proposed severance, the Ministry and the Region were maintaining objections for a number of reasons. He stated that the Planning Department's position was consistent with the Ministry and the Region. During the discussion, it was pointed out that the requested severance was for lands along the Welland River which were not good agricultural lands, and further, that some severances of agricultural lands in that area have been approved. ORDERED on the motion of Alderman Coville, seconded by Alderman Hopkins, that the communication be received and filed, and Council support the request that the severance be reconsidered by the Land Division Committee. Carried Unanimously. UNFINISHED BUSINESS TRAFFIC CONTROL AT NIAGARA ROAD 47 & NIAGARA ROAD 98 - Cossunication No. 222 - Regional Niagara Public Works Department - Re: Traffic Control at Niagara Road 47 (Btggar Rd./Lyonws Creek Rd) and Niagara Road 98 (Montrose Road). The communication attaches report DEP-2549 advising that "based upon existing conditions, neither signals or flashing beacons can be Justified", and that further improvements were not reco~nmended. ORDERED on the motion of Alderman Coville, seconded by Alderman Hopkins, that a request be again forwarded to the Regional Municipality of Niagara that flash- ing lights be installed on stop signs at the corner of Montrose Road and Lyon's Greek Road, and Regional Councillor Merrett notified. Carried Unanimously. PROPOSED SMOKING BY-LAW - Report No. CD-87-53 - Chief Administrative Officer - Re: Proposed Smoking By-law· The report recommends that the proposed No Smoking By-law be given first reading this evening and that second and third readings be delayed until the meeting of August 17~ 1987. - AND - Cos~unicatton No, 223 - Gins & Thomas Anthes - Re: Smoking By-law. The communication supports the proposed by-law. ORDERED on the motion of Alderman Chessman, seconded by Alderman Rarrington, that the communication be received and filed, and the report be received and adopted· The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Chessman, Coville, Cummings, Harrington, Hinsperger, Hopkins, Janvary, Pay, and Puttick. NAYE: Alderman Orr. See By-law No. 87-143. Ls No. 226 - Niagara Falls Public Library - Re: Proclamation. The communication asks Council to proclaim the week of October 19th to 23rd, 1987, as "Public Library Week in Niagara Falls". ORDERED on the motion of Alderman Puttick, seconded by Alderman Coville, that the request be approved subject to established policy. Carried Unanimously. No. 227 - Recycling Week Committee - 1987, Recycling Council of Ontario - Re: Proclamation. The communication asks Council to proclaim the week of November 16th to 22nd, 1987 as "Recycling Week, 1987". ORDERED on the motion of Alderman Puttick, seconded by Alderman Coville, that the request be approved subject to established policy. Carried Unanimously. No. 228 - United Way - Re: United Way 1987 Campaign. The communication asks the permission of Council to fly three street banners for the Campaign. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the communication be received and filed, and the request be approved subject to the approval of the Ontario Hydro and the Region. Carried Unanimously. No, 229 - Regional Niagara Public Works Department - Re: Water/Sewage Flows. The communication attaches Report DEP2548, Water and Sewage Flows by Municipality, Monthly Report for May 1987. ORDERED on the motion of Alderman Campbell, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. No. 230 - Regional Niagara Public Works Department - Re: Joint Funding with Area Municipalities for the Advancement of Future Regional Sewer and Water Supply Projects· The communication attaches Report DEP-2545 regarding the subject matter. ORDERED on the motion of Alderman Coville, seconded by Alderman Campbell, that the communication be referred to Btaff for comments. .Carrie~ Unanimously. 6 No. 231 - Downtown Niagara Palls, Board of Management - Re: Facade Study. The communication asks Council to endorse and pass a resolution that the firm, J.E. Berzins, Urban Design Consultants, in association with Peter J. Lesdow, Architect, and Charles M. Antonio, Design Consultant, be engaged to carry out the Facade Study. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that approval be given for the firm of J.E. Berzins to act as Consultants for the Facade Study. It was further recommended that a resolution be approved to enter into a contract with the Province and the Consultants, for funding purposes. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be received and filed, and the requests endorsed. Carried Unanimously. Resolution No. 55- No. 232- Walker Brothers Quarries Limited - Re: Waste Disposal. The communication requests the support of Council in acceptance of solid, non-hazardous waste for an interim period at the Walker Brothers waste disposal site in Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be referred to Staff for comments. Carried Unanimously. No. 233 - Leonard A. Wallis, General Manager, Niagara Grape & Wine Festival - Re: 36th Annual Niagara Grape & Wine Festival - September 18th to 17th, 1987. The communication requests approval of the events outlined therein. ORDERED on the motion of Alderman Pay, seconded by Alderman Harrington, that the communication be received and filed, and approval be granted. Carried Unanimously. No. 234 - Ruth Grief, MPP, Lakeshore - Re: Bicycles. The communication attaches a copy of Bill 72, An Act to Amend the Highway Traffic Act, requiring cyclists to identify themselves to Police when required, and requests the support of Council. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Orr, that Council support the proposed Bill. The motion Carried with the following vote: AYE: Aldermen Baker, Cheesman, Coville, Cummings, Harrington, Hinsperger, Hopkins, Janvary, Orr, and Pay. NAYE: Aldermen Campbell and Puttick. No. 235 -Nlnister of Natural Resources - Re: The Great Lakes Shorelines. The communication attaches a News Release announcing the Long-Term Shoreline Management Program for Property Owners along the Great Lakes. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the communication be referred to Staff for information. Carried Unanimously. No. 236 - ~iuister of Housing - Re: Initiatives for Disabled Persons. The communication advises of a 3 year plan that includes increased financial support for housing, support services in the community, and a development strategy, and requests participation. ORDERED on the motion of Alderman Chessman, seconded by Alderman Pay, that the communication be referred to Staff and to the Social Planning Council for recommendations. Carried Unanimously. No. 237 - Chippaws Volunteer Firefighters Association- Re: Playground Project, Phase III. The communication requests approval of a Special Occasion Permit for the benefit dance to be held August 14th, 1987 at the Niagara South Recreation Centre. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, ;that Council indicate that it has no objection to the issuance of a special occasion permit to the Chippawa Volunteer Firefighters Association, for its Dance to be held at the Niagara South Recreation Centre on Sodom Road, on August 14, 1987, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Health Services Departments and the Liquor Licensing Board of Ontario. Carried Unanimously. -7 - No. 238 - United Way of Niagara Falls - Re: Seventh Annual Slo-Pitch Tournament, August 28th to 30th, 1987, at Niagara Sports Park and Palmer Park. The communication asks Council to approve a Special Occasion Permit for the event. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that Council indicate that it has no objection to the issuance of a special occasion permit to United Way of Niagara Falls for its Seventh Annual Slo-Pitch Tournament to be held at Niagara Sports Park and Palmer Park, on August 28th to 30th, 1987, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Health Services Department, and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 239 - Residents of O'Neil Street - Re: Reconstruction of O'Neil Street. The communication asks Council to support the priority of an earlier reconstruc- tion date. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be referred to the Municipal Works Committee. Carried Unanimously. No. 240 - Ktnister for Senior Citizens' Affairs - Re: One-Stop Access Sites. The communication provides information regarding five pilot sites for One-Stop Access to be located in the Province of Ontario. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that the communication be received and filed, and a copy forwarded to the Social Planning Council. Carried Unanimously. No. 241 - Federation of Canadian Municipalities - Re: Federal Tax Reform. The communication attaches copies of a Federation of Canadian Municipalities (FCM) Communique on the Federal Tax Reform. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the communication be received and filed. Carried Unanimously. REPORTS R-87-25 - Chief Administrative Officer - Re: Indian Defense League. The report recommends that Council indicate if they wish to absorb the costs related to the Annual Indian Defense League Border Crossing on Saturday, July 18, 1987. Mr. Harry A Hill, Chairman, Indian Defense League of America, Tuscarora Indian Reservation, discussed the historical background of the annual border crossing, and discussed the need for financial assistance. During the discussion, His Worship Mayor Smeaton discussed his desire to properly recognize the event on a more permanent basis. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that the Clty of Niagara Falls absorb costs of the 1987 Border Crossing of the Indian Defense League, to a maximum of $1600.00. Carried Unanimously. H-87-26 - Recreation Comalesion - Re: 1988 Winter Ice Schedule, Municipal Arenas. The report recommends that the attached schedules for special events and regular use of winter ice for 1987-1988 at Municipal Arenas be approved by City Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. MW-87-131 - Municipal Works Committee - Re: 1987 Spring Clean-Up and Household Hazardous Waste Day. The report recommends that this advisory report be received and filed for information. ORDERED on the motion of Alderman Htnsperger, seconded by Alderman Coyills, that the report be received and adopted. Carried UnanimoUsly. Alderman Campbell retired from the meeting. MW-87-132 - Nunicipal Parking and Traffic Committee - Re: Establishment of a "No Parking" Zone on the West Side of Ellen Avenue - Vicinity of Chalet Motor Inn. The report recommends that a "No Parking" zone be established on the west side of Ellen Avenue from a point 419 feet north of the most northerly curb line on Centre Street for a distance of 309 feat to a point 728 feet north of the most northerly curb line on Centre Street. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. MW-87-133 - Nunictpal Parking and Traffic Committee - Re: Establishment of "No Parking" Zone, Camrose Street from Dorchester Road to Windermere Road. The report recommends that a "No Parking" zone be established on the south side of Camrose Street from Dorchester Road to Wtndermere Road, ORDERED 'on the motion of Alderman Puttick, seconded by Alderman Hopkins, that the report be.r~cetved and adopted. Carried Unanimously. 1iW-87-134 - Nunicipal Parking and Traffic C~tttee - Re: "Yield' Sign Installation at Atlas Street and Judith Avenue. The report recommends that a "Yield" sign be installed at the intersection of Atlas Street and Judith Avenue facing eastbound traffic on Atlas Street. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimously. NW-87-136 - Chief Administrative Officer - Re: Reduced Standards for Flood Protection and Welland River Flood Plain Mapping. The report recommends the following: 1) That a public meeting be held at the 1987 07 27 Council meeting to consider the reduction of flood protection criteria to the 1 in 100 year standard; 2) That representatives from the Niagara Peninsula Conservation Authority be invited to attend the 1987 07 27 Council meeting to provide information on the flood plain mapping program, flood protection criteria, authorities under flood lines and registration of fill lines, Welland River flood plain mapping and to answer any questions from Council or the public on any of these matters. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimously. 1~/-87-137 - Chief Administrative Officer - Re: Construction Agreement with Ontario Hydro for Installation of Storm Outfall to Ontario Hydro Canal for Proposed Harovics Subdivision. The report recommends that Council pass a by-law authorizing the execution of a Construction Agreement with Ontario Hydro for the above-noted works. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimously. !e,'-87-138 - Chief Administrative Officer - Re: Waste Management Improvement Program, Fiscal Year 1987 to 1988. The report provides information regarding action taken respecting the aforementioned program, and recommends that this report be received and filed for information. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimously. ~W-87-141 - Chief Adainistrative Officer - Re: By-law to Authorize the Reconstruction and Widening of Queen Street, Erie Avenue and Park Street, report recommends the following: The 1) That Council hear any persons who claim that his/her land will be preJudictally affected by the by-law appearing on tonlght's agenda which authorizes the above works; 2) That, subject to there being no valid objections, the by-law appearing on tonightts agenda be passed by Council. -9- ORDERED on the motion of Alderman Puttick, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimously. See__By-law No. 87-146. Alderman Campbell returned to the meeting. F-87-38 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $9,522,123.86 for the period ending July 13, 1987 be approved by the passing of the by-law appearing later on the agend. Alderman Campbell declared a conflict of interest on Cheque No. 25463 because the organization is a client. Alderman Cheesman declared a conflict of interest on Cheque No. 25628 because his wife is employed by the Board. Alderman Cummings declared a conflict of interest on Cheque No. 25163 because a member of his family is involved in the program. Alderman Hfnsperger declared a conflict of interest on Cheque Nos. 25160, 25161, 25323, 25332 and 25457 because he is employed with the company. Additional information was provided on Cheque Nos. 25205, 25244, 25317, 25318, 25319, 25320, 25321, 25322, 25331, 25339, 25343, 25339, 25396 and 25530. ORDERED on the motion of Alderman Baker, seconded by Alderman Harrington, that the report be received and adopted. The motion Carried with Aldermen Campbell, Cheesman, Cummings and Hinsperger abstaining from the vote on Cheque Nos. 25463, 25628, 25163, 25160, 25161, 25323, 25332 and 25457 consecutively, on conflicts of interest previously recorded; and with all others voting in favour. F-87-39 - Chief Administrative Officer - Re: Maple Leaf Village Investments Inc., Status of Tax Payments. The report provides up-to-date information on the status of tax payments by Maple Leaf Village Investments Inc.; recommends that it has been prepared for the information of Council, and further recommends that it be received and filed. Alderman Hopkins declared a conflict of interest because a member of his family is employed by the subject company. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, 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 with all others voting in favour. B-87-46 - Chief Administrative Officer - Re: Site Plan Approval - Proposed 28 Unit Townhouse DWelling - Dorchester Road at Dawson Street. The report rec- ommends that the Council approve the site plan(s) on display at tonight's meeting, being townhouse dwellings, and the site plan being drawing number A1 dated May 1987, and the site servicing plan being drawing number 86066-1 dated June 1987, and the landscape plan being sheet number L1 dated June 1987, and filed with the Buildings and Inspections Department of the City of Niagara Falls on July 9th, 1987, and that such approval be subject to the conditions contained in the report. Alderman Cummings declared a conflict of interest because he is employed by a company within the subject area. ORDERED on the motion of Alderman Janvary, seconded by Alderman tlinsperger, 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 with the following vote: AYE: Aldermen Baker, Campbell, Chessman, Coville, Hinsperger, Hopkins, Janvary, Orrs Pays and Puttick. NAYE: Alderman Herrington. - 10 - M-87-07 - Mayor $meaton - Re: Photograph - "The Spirit of Niagara". The report advises that at the request of His Worship Mayor Ralph Klein of Calgary, for a photograph depicting the "spirit" of the community for the Olympic Arts Festival and the Olympic Winter Games in 1988, the Civic Committee approached the Niagara Falls Camera Club suggesting a competiton for selection of a photo- graph with the theme "The Spirit of Niagara"; and requests Council's favourable consideration. Mr. Frank Goulding, President, Niagara Falls Camera Club Executive Committee, advised that the Camera Club would be willing to cooperate. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that approval be granted to proceed. Carried Unanimously. M-87-08 --.Mayor Smeaton - Re: News Release - Provincial Funding for Municipal Infrastructure Renewal- The report attaches a copy of the above mentioned News Release and Statement issued by the Minister of the Environment for the Province of Ontario, for the information of Council- ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the Yeport be received and filed. Carried Unanimously- Following a brief discussion, it was moved by Alderman Puttick, seconded by Alderman Cheesman, that the matter be referred to Staff for the preparation of a comparison analysis of the Federal and Provincial Governments' legislation for funding programs with respect to Municipal Infrastructure Renewal. Carried Unanimously. RESOLUTIONS No. 54 -B~,ER - COVILLE - RESOLVED that the Council of the City of Niagara Falls hereby request that the Ministry of Municipal Affairs extend the completion date for the Commercial/Office Opportunities Study to November 30, 1987, and that the Ministry of Municipal Affairs be so advised; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 55 - CUNMINGS - PAY - RESOLVED that WHEREAS the City of Niagara Falls and the Downtown Board of Management have agreed to participate in a Queen Street Building Improvement Study with requested funding through the Ministry of Municipal Affairs' Community Planning Grant Program; AND WHEREAS the Downtown Board of Management is now requesting City Council to approve of the selection of a Consultant to conduct this Facade Improvement Study; AND WHEREAS the City Council, at its meeting held on July 13th, 1987, approved the selection of a Consultant by the Downtown Board of Management; BE IT THEREFORE RESOLVED that the firm of J-E. Berzins, Urban Design Consultants of Toronto, in association with Peter J. Lesdow, Architect, and Charles M. Antonio, Design Consultant, bSth of Niagara Falls be engaged to carry out the said Study; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 56 - UARRZNGTON - CU!~4INGS - RESOLVED that the following Aldermen be appointed Acting Mayor in the absence of His Worship Mayor William S. Smeaton: Alderman Wayne Campbell, from Monday, July 20th, to Sunday, July 26th, 1987 inclusive; Alderman Norman Puttick, from Monday, July 27th, to Sunday, August 2nd, 1987 inclusive; Alderman Mark Hopkins, from Saturday, August 8th, to Sunday, August 16th, 1987 inclusive; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. - 11 - BY-LAWS ORDERED on the motion of Alderman Coville, seconded by Alderman Cummings, tl~at the following by-law be now read a third time: No. 87-52 - A by-law to authorize the construction of certain works as local improvements under section 12 of the Local Improvement Act. Carried Unanimously. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Harrington, that leave be granted to introduce the following by-law, and the by-law be read a first time: No. 87-143 - A by-law respecting smoking. The motion Carried with Alderman Orr voting contrary; and with all others voting in favour. ORDEREB 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. 87-144 A by-law to amend By-law No. 79-200, as amended. (AM-8/87 Young, 4462 Second Ave., Report PD-87-62, approved by Council May 11/87). No. 87-145 - A by-law to amend By-law No. 79-200, as amended. (AM-19/87, 6361 & 6365 Buchanan Ave., Ritz & Pan-O-Rama, Report PD-87-84 approved by Council June 15/87). No. 87-146 - A by-law to authorize the reconstruction of Queen Street, Erie Avenue and Park Street. No. 87-147 - A by-law to authorize an agreement with the Ministry of Housing for funding under the Building Administration Fund for Building Action. No. 87-148 - A by-law to authorize a subdivision agreement with Ascot Woods Limited (Ascot Woods Extension No. 2). (Proposed Subdivision and land exchange approved by Council July 28/87). No, 87-149 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell, Cheesman, Cummings and Hinsperger abstaining from the vote on By-law No. 87-149 on conflicts of interest previously recorded in Report No. F-87-38; and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ceville, that the following by-laws be now read a second and third time: No, 87-144 - A by-law to amend By-law No. 79-200, as amended. No, 87-145 - A by-law to amend By-law No. 79-200, as amended. No, 87-146 - A by-law to authorize the reconstruction of Queen Street, Erie Avenue and Park Street. No. 87-147 - A by-law to authorize an agreement with the Ministry of Housing for funding u~der the Building Administration Fund for Building Action. No. 87-148 - A by-law to authorize a subdivision agreement with Ascot Woods Limited (Ascot Woods Extension No. 2). No* 87-149 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Campbell, Cheesman, Cummings and Hfnsperger abstaining from the vote on By-law No. 87-149 on conflicts of interest previously recorded; and with all others voting in favour. · · . . 12 - 12 - NEW BUSINESS ITEMS OF CONCERN: Bnviron~ental Committee Meeting - Alderman Coville referred to the difficulty in arranging a meeting date for the Environmental Committee, convenient for all members. Subsequent to discussion, a meeting was scheduled for July 27th, 1987, at 3:30 p.m. Weeds In Downtown Core - Alderman Puttick discussed weeds and grass growing in various places in the downtown area, the unsuccessful efforts made to have businesses control the weed growth, distributed a snapshot of one problem area, and suggested that people should be asked to clean up the situation. ORDERED on the motion of Alderman Puttick, seconded by Alderman Harrington, that Mr. J. Bell, Chairman, Downtown Board of Management, be contacted with the request [o approach business people for e resolution to the problem. The motion Carried with the following vote: AYE: Alderman Baker, Campbell, Cheesman, Coville, Cummings, Harrington, Hlnsperger, Hopkins, Orr, Pay, and Puttick. NAYE: Alderman Janvary. Old Police Building - In response to a request made by Alderman Cummings, the Chief Administrative Officer provided a status report regarding the old police building, and advised that the City could take no action since compliance was presently being made with the Property Standards By-law, and the property is secure. In reply to questions raised, the Fire Chief explained that as long as the building is aecure and no rubbish is built up around the building, there was compliance with the Fire Code- The Chief Administrative Officer stated that the situation would be monitored, taxes would be investigated, and a verbal report would be submitted to Alderman Cummings. - 13 - Niagara Regional Exhibition - Alderman Janvary advised that September 20th, I987 had been scheduled for Niagara Falls Day at the Exhibition, and discussed the possibility of approach- ing the Lundy's Lane Historical Society to present a play. It was moved by Alderman Puttick, s c~ ded by Alderman err, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, BARBARA G. SCOTT, DEPUTY CITY CLERK Condition of Property/Stanley Ave. & M~ne St. - Alderman Orr requested that weeds and grass be cut on the property at Stanley Avenue and McRae Street, adjacent to the Shell station. Holy Family Regional Niagara Youth Centre & Boys Home - In response to a concern raised by Alderman err, the ChieflAdministrative Officer stated that an update report will be submitted to Aldermen err and Puttick regarding funding for the Holy Family Youth Centre. Alderman Janvary advised that she would attend the meeting of the Holy Family Board to be held August 12th, 1987. Stoop & Scoop By-law - Alderman Janvary stated that she would be working on submission for a "stoop and scoop" by-law, because action should be taken regarding this problem in the City. I~[I~MS OF IRI~EST: Y.W.C.A. Fund Raiser/Jeffrey & the Juniors - Alderman Harrington invited attendance at the above mentioned fund-raising event being sponsored by the Y.W.C.A. Canads Day Celebrations - Alderman Janvary discussed the "extremely successful" Canada Day celebrations held on July 1st, 1987. His Worship Mayor Smeaten expressed appreciation to Aldermen Janvary for the success of her efforts. .... 13 TWENTY-SEVENTH MEETING COMMITTEE OF THE ~OLE Committee Room #1 July 27, 1987 Council met on Monday, July 27th, 1987, at 6:30 p.m. in Committee of the Whole. All members of Council, with the exception of His Worship Mayor 8meaton, and Aldermen Cheesman and Orr, were present. Alderman Cummings presided as Chairman. Following consideration of th presented, the Committee of the Whole arose without reporting. READ/~/~/gFfED, · . .-: /~, CITY CLERK' ACTING MAYOR NORMAN PUTTICK Council Chambers July 27, 1987 Council met on Monday, July 27th, 1987 at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of His Worahip Mayor Smeaton, and Aldermen Cheesman and Orr, were present. Acting Mayor Norman Puttick presided as Chairman. Alderman Cummings 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 July 13th, 1987, be adopted as printed· Carried Unanimously. PRESENTATIONS ACHIEVEMENT AWARDS - NIAGARA FALLS CUPOLO SPORTS CANUCKS - Acting Mayor Puttick congratulated, and presented Achievement Awards to the following team members of the Niagara Falls Cupolo Sports Canucks, who were winners of the Golden Horseshoe League and Championship Award in Junior "B" Hockey, and advancement to the Provincial finals: Mike Patrick, A1 Dobbin, Marc Leduc, Phil Roberto~ Dave Smith, Craig McCarthy, Jim Hunter, Sean Sexton, Brian Glenney, Joe Stefan, Mike Zruna, Terry Crump, Doug Chipman, Pete Gallardi, Mike Dunham, Dave Cartie, Gilbert Dionne, J.J. Micalleff, Brent Cook, Brent Pollock, Jerry Thorne, Chris Holmes, and Dan Nowak. Achievement Awards were also presented to Coach, Terry Masterson; Assistant Coach, Albert Masst; Manager, TimMaaterson; Trainer, Gary Stevens; and Stick Boy, Todd Priddle. PLa~b'lt - CLARE DAMF~R- Acting Mayor Puttick distributed, for Council's view, a plaque which had recently been presented to Clare Dahmer, former Stamford Arena Manager~ at the Arenas Convention in Kingstoni Ontario. The plaque is to be hung at the Arena. DEPUTATIONS REDUCED FLOOD PLAIN CKI1'ERIA & ~ELLAND RIVER FLOOD PLAIN blAPPING - PD-87-95 - Chief Administrative Officer - Re: Reduced Flood Plain Criteria and Welland River Flood Plain Mapping. The report recommends the following: -2- 3 1) 2) 3) (a) That Council support the existing Regional storm flood plain criteria for Beaverdams Creek, Shrinerts Creek and Ten Mile Creek; (b) That Council support the reduction of the flood plain criteria to the 1 in 100 year storm level for the Welland River and the remaining creeks within the City; That Council endorse the Welland City Council resolution approving the 1 in lO0 year flood level for the Welland River watershed; and That Council support the registration (under Ontario Regulation 82/86) of fill lines on the Welland River. Miss Anne Willmot, Resources Planner; and Mr. Tony D'Amario, P- Eng., Water Resources Engineer, both of the Niagara Peninsula Conservation Authority were in attendance- Miss Willmot reviewed the historical background of flood plain mapping, the Provincial Flood Plain Review Committee and Taylor Report. She advised that remapping would cost the City of Niagara Falls $18,000.00, 10% of the total cost, and 90% would be funded by the Federal and Provincial Governments. Miss Willmot further advised that all appropriate planning docu- 'ments would require amendments if the City wished to support the 1 in 100 year storm level. In response to the request of Acting Mayor Puttick for comments, Mr. Peter Grandoni, R.R. #1, Garner Road, requested assurance that there would not be a reduction in the existing criteria. Planner II stated that the recommendations of Staff do not support a reduction in the existing criteria. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. POVERTY*S CHILDREN FINAL REPORT - SOCTAL PLANNING COUNCIL - Communication No. 242 - Social Planning Council - Re: Poverty's Children Final Report Presentation- The communication advises that a brief presentation will be made to Council regarding the aforementioned report. Mrs. Julie Darnay, Researcher/Administrator, Social Planning Council of Niagara Palls, provided a brief background of the Final Report, and discussed feedback received to date, as well as current activities and future intentions. She referred in particular to the areas of housing and transportation. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the report be adopted, and further, that Staff be instructed to work with the Social Planning Council to implement the recommendations in the report as soon as possible. Carried Unanimously. FLOODING ON HABMON~ AVBNU~ - JULY 14, 1987 - Communication No. 243(A) - M~s. Llza Faro - Re: Harmony Avenue Flooding. The communication requests ~ermission to address Council regarding the problem. - AND - Communication No. 243(B) - Nr. & Mrs. Edmund Morrison - Re: Harmony Avenue Flooding. The communication expresses concern regarding the personal property damage, devaluation of real property, and advises of the intention to attend Council regarding the matter. - AND- Co~sunication No* 243(C) -Mrs. PaselaBason - Re: Flooding/Harmony Avenue. The communication advises of the water damage to property as a result of the flooding on July 14, 1987, and that a petition was circulating the neighbourhood in support of a request to correct the problem. Mr. John Mason, a Harmony Avenue resident, stated that approximately 18 residents of Harmony Avenue were in attendance to express their concerns, and to "impress on Council the necessity of trying to do something about the flooding problem". He referred to the meeting held last week between residents, Council representatives and Staff with an on site inspection, Mrs. Lfza Fare, 6554 Harmony Avenue, was granted permission to speak on the motion of Alderman Cummings, seconded by Alderman Coville. Mrs. Fare and Mr. John Mason reviewed their concerns, and the problems caused by flooding on Harmony Avenue. The following items were discussed: Basement flooding and health hazard; backwater valves and a possible cost- sharing arrangement, and the liability of the Municipality; porosity of the soil, inadequacy of the soil, and the possibility of larger sewers and different soil types across the City; backyard drainage; action taken by St. Cathartnes in 1973 which appears to have been successful; raising of the soil around the houses; increasing sewer lines; devaluation of property; report of Robert Thiel & Associates in 1983, progress made since the 1983 investigation, and why no action has been taken since 1983; downspouts into the sanitary sewer system and legislation that would affect legal removal of downspouts; the possibility of a "Good Neighhour By-law", and a by-law empowering the City to enter into private property to enforce this; future development proposals for the area with further stress on the sewer system, and a possible freeze on future developments; a Tel-eye investigation of the present sewer system for possible flaws; the possibi- lity of a seminar with demonstrations of problems encountered during the past years; and submission of suggestions and remedial action to the Municipal Works Committee. ORDERED on the motion of Alderman Campbell, seconded by Alderman Cummings, that the matter be referred to Staff and the Municipal Works Committee for investigation and a report. Carried Unanimously. APPLICATION FOR BINCO LIaNa, RUSSELL MASTERSON AHATEUR ATI~.ETIC CLUB - Report No. CD-87-57 - Chief Administrative Officer - Re: Application for Bingo Licence, Russell Masterson Amateur Athletic Club. The report recommends that Council decide if it wishes to amend its policy adopted at the meeting of June 22, 1987, relative to the issuance of licences to sporting groups to conduct Bingos, and grant a licence to the Russell Masterson Amateur Athletic Club. Alderman Cummings declared a conflict of interest because he is a member of an organization which conducts bingos. - AND - Communication No. 244 - Anthony (Butch) Sacco, President, Niagara Falls Minor Hockey Association - Re: Application for a Bingo Licence, Masterson Amateur Athletic Club. The communication supports the Club's request for a Bingo Licerice · ORDERED on the motion of Alderman Coyills, seconded by Alderman Baker, that the request for a Bingo Licence be denied. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded; and with the following vote: AYE: Aldermen Baker, Coville, Harrington, Hinsperger, Hopkins, Janvary, and Pay. NAYE~ Alderman Campbell. UNFINISHED BUSINESS JURISDICTION OF NIAGARA PARKS CONMISSION - Report No. C-87-15 - Chief Administrative Officer - Re: First Discussion Draft - The Niagara Parkway; A Controlled Access Highway. The report recommends that the concerns expressed in this report, the attachments thereto and any other concerns or questions raised by Members of Council as a result of their review of the draft, be endorsed and forwarded to the Niagara Parks Commission. Mr. James Harris, Engineering Superintendent, Niagara Parks Commission was in attendance. -4- Mr. W. Stuart Ellis, Solicitor, St. Catharines, addressed Council on behalf of a number of concerned businessmen, some of whom where in attendance. He stated that it was "questionable whether the N.P.C. has legislative authority to do what they are proposing to do in this draft discussion"; and if it was "decided that they have the authority, it was debatable whether they should be allowed to exercise it in the manner they propose"; and further, "even if they should have this authority, should there be some method of appeal to an independent body". Following a lengthy discussion, it was moved by Alderman Cummings, seconded by Alderman Harrington, that the actions taken by Staff be endorsed, and a meeting arranged between the Provincial Government, the local Member of the Provincial Parliament, Council, Staff and other concerned persons, to ascertain the reason for the manner in which the proposals were being made, and the purpose af the proposals. It was further recommended that copies of the report be forwarded to the Honourable Vince Kerrfo, Minister of Natural Resources and Energy; the Honourable John Eakins, Minister of Tourism and Recreation; and the Municipalities of Niagara-on-the-Lake and Fort Erie. Carried Unanimously. RURAL DRAINAGE - Report No. MW-87-163 - Chief Administrative Offlcer - Re: The report recommends the following: Rural Drainage. 1) That the petitions filed by the Director of Municipal Works with the City City Clerk in accordance with Section 4(1)(c) of the Drainage Act to initiate drainage work on problem numbers 1, 2, 3, 6, 8, 9, and 10 as described in the report entitled, "Report on Rural Drainage Problems, City of Niagara Falls", dated February 10, 1987 as prepared by J. Bryon Wiebe Ltd., be accepted; 2) That the services of J. Bryon Wiebe Ltd. be engaged to undertake a preliminary report for drainage works pertaining to problem numbers 1, 2, 3, 6, 8, 9 and 10, as described in the report entitled, "Rural Drainage Problems in the City of Niagara Falls", at an estimated cost of $28,500.00; 3) That the by-law which appears on tonight's agenda authorizing the Mayor and Clerk to sign an Engineering Agreement with J. Bryon Wiebe Ltd. for a pre- liminary Engineering report on problem numbers 1, 2, 3, 6, 8, 9 and 10 as described in the report entitled, "Rural Drainage Problems, City of Niagara Falls", be approved. ORDERED on the motion of Alderman Coville, seconded by Alderman Hopkins, that the report be received and adopted. Carried Unanimously. TIPPING MS/DISPOSAL P~STRICTIONS - AD ROC CO~4ITI]~ - Report No. 14~-87-144 - Chief Administrative Officer - Re: Tipping Fees/ Disposal Restrictions - Ad Hoc Committee. The report recommends the following: 1) That the members.hip of the Ad ttoc Committee, as suggested in this report be endorsed; 2) That Council appoint at least three (3) representatives to the Ad Hoc Committee, with one Council member being appointed as Chairman; 3) That the Ad Hoc Committee establish its own Terms of Reference using the guidelines set out in this report; and 4) That the Committee be directed to report back to the MunlciRal Works Committee by the end of October 1987. Alderman Hopkins declared a conflict of interest because a member of his family is mentioned in the report. ,I - 5- ORDERED on the motion of Alderman Herrington, seconded by Alderman Hinsperger, that the report be received and adopted, and further that the following Aldermen be authorized to participate on the Committee: Alderman Campbell as Chairman, and Aldermen Coville and Harrington. 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, Coville, Cummings, ttarrington, Hinsperger, Janvary, and Pay. NAYE: Alderman Baker. JI2~Y SWAC~ART MINISTRIES OF CANADA - SOUTHWEST CORNER OF MOUNTAIN ROAD AND {WBURNROAD- Report No. S-87-13 - Chief Administrative Officer - Re: Jimmy Swaggart Ministries of Canada - Southwest Corner of Mountain Road and Mewburn Road (AM-22/86). The report recommends the following: 1) That this report be received and filed for the information of Council; 2) That, if Council decides to pass the zoning by-law amendment appearing later on this evening's agenda respecting this matter, it first pass the resolution also appearing later on this evening's agenda pursaant to section 34(16) of the Planning Act, 1983. ORDERED on the motion of Alderman Pay, seconded by Alderman Coville, that the report be received and filed, and further, that the Soltcitor's recommenda- tion that the cost-sharing agreement be signed prior to execution of the by-laws be approved. Carried Unanimously. GKEENING '£H]t CITY - Report No. PD-87-96 - Environmental Planning Committee - Re: City. The report recommends the following: 1) 2) 3) 4) that Greening the That Council adopt the Green City Policy, as stated in the report; That Council establish a Greening Committee, as outlined in the report, including Council representation; That the Greening Committee prepare for Council's consideration, a detailed greening plan of action, including the costs of consulting services to be provided by Mr. G. Dalby; That a $t,000.00 preliminary budget be established for the Greening Committee and the initiation of work with Mr. G. Dalby. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, the report be received and adopted. Carried Unanimously. 6557 LEVEL AVENUE - Report No. B-87-53 - Chief Administrative Officer - Re: Condition of Building, 6557 Level Avenue. The report provides background information regard- ing the concerns with respect to the property at 6557 Level Avenue, and a report of the investigation; and recommends that the information contained therein be noted and the report received and filed. The City Solicitor and Director of Municipal Works replied to questions raised regarding zoning by-law compliance and time limitations with respect to legal proceedings. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously.. 6 7 ~ENEWAL OF LEAgE -- PROVINCIAL COURT FACILITIES - Report No. CD-87-58 - Chief Administrative Officer - Re: Renewal of Lease - Provincial Court Facilities. The report recommends that Council authorize the Mayor and Clerk to sign an offer to renew the lease on the Court House Building (former City Hall) for the year 1987, at an annual rental of $84,845.52. During the discussion it was generally agreed that negotiations should be taking place with the Province to ensure that renovations begin immediately, and that a lease is in place. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Pay, that the report be received and adopted- Carried Unanimously. ORDERED on the motion of Alderman Pay, seconded by Alderman Hopkins, that the Chief. Administrative Officer contact the Province on July 28th, 1987, asking if they would agree to anything less than a 5 year lease, if the City agrees to allow them to proceed with renovations to correct security problems at the old City Hall, at their cost. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Coville, Herrington, Hinsperger, Hopkins, Janvary and Pay. NAYE: Alderman Cummings. COMMUNICATIONS No, 245 - Canadian Diabetes Association - Re: Tom Jones Concerts - August 2nd to 4th, 1987, Niagara Falls Memorial Arena. The communication requests approval of a Special Occasion Permit for the events. The Recreation Director advised that notification had been received regarding a possible change in the schedule for the Concerts, and a press release was expected for tomorrow. ORDERED on the motion of Alderman Coville, seconded by Alderman Hinsperger, that Council indicate it has no objection to the issuance of a special occasion permit to the Niagara and District Branch of the Canadian Diabetes Association in conjunction with Tom Jones concerts, to be held at the Niagara Falls Memorial Arena on August 2nd, 3rd, and 4th, 1987, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Health Services Department, the Liquor Licensing Board of Ontario, and subject to a change in schedule. Carried Unanimously- No, 246 - Denise Charlebois, President, Club Alouette - Re: Club Alouette Picnic - August 23, 1987, Firemen's Park. The communication requests approval of a Special Occasion Permit for the event. ORDERED on the motion of Alderman Coville, seconded by Alderman Hinsperger, that Council indicate it has no objection to the issuance of a special occasion permit to Club Alouette in relation to the Club Alouette Picnic, to be held at Firemen's Park on August 23rd, 1987, from 1:00 p.m. to 7:00 p.m., subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Health Services Department, and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 247 -Sean Byrne, Project Director, Andre Heller's Flying Sculptures - Re: Flying Balloons over Niagara Falls. The communication.requests approval and assistance in a proposal to fly balloons over the City of Niagara Falls. ORDERED on the motion of Alderman Pay, seconded by Alderman Baker, that the request be approved, subject to the approval of other Jurisdictions. Carried Unanimously. No. 248 - Downtown Niagara Falls, Board of Management - Re: D.M. Dance Centre. The communication asks Council to endorse a dance demonstration on August 29th, 1987, at Centennial Square, by the D.M. Dance Centre. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the request of the D.M. Dance Centre be approved, subject to proof of liability insurance, and also naming the City of Niagara Falls as an additional insured party. Carried Unanimously. No. 249 - Regional Niagara Public Works Department - Re: Water/Sewage Flows. The communication attaches Report DEP-2559, Water/Sewage Flows by Municipality, Monthly Report for June 1987. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be received and filed. Carried Unanimously. No. 250 - Regional Niagara Public Works Department - Re: Class Environmental Assessment for Site Acquisition for a Second Water Pollution Control Plant in Niagara Falls. The communication advises that Regional Council has approved the aforementioned Assessment, and would be submitting a further report recommending that appropriate funding be provided for the project. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the matter be referred to Staff for comments. Carried Unanimously. No. 251 (HANDOFt) - R.A. Lavelie, Tournament Coordinator, N.H.L. Slo-Pitch Tournament - Re: Steeles Slo-Pitch Exhibition Games - August 17, 1987 at Oakes Park. The communication requests approval of a Special Occasion Permit for the event. ORDERED on the motion of Alderman Pay, seconded by Alderman Campbell, that Council indicate it has no objection to the issuance of a special occasion permit to the Steeles Slo-Pitch Exhibition Games to be held at Oakes Park on August 17th, 1987 from 5:00 p.m. until i1:00 p.m., subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Health Services Department, and the Liquor Licensing Board of Ontario. Carried Unanimously. REPORTS CI)-87-54 - Chief Administrative Officer - Re: Proposed Plan of Subdivision - "Parkway Acres"; File No. 26T-87010; Owners: P. & M. Radojcic, and K. & M. Radulovich. The report recommends that the City Clerk be authorized to process the application for the "Parkway Acres" Subdivision and that a report be prepared for Council's further consideration of this plan based on technical information received, public input, etc. Mr. Ray Matthews, O.L.S., and the owner were in attendance. The Clerk reviewed the procedure for the Public Meeting. There was a negative response to Acting Mayor Puttick's request for comments from interested persons present. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. CD-87-55 - Chief Administrative Officer - Re: Niagara South Board of Education Surplus Property. The report recommends that the Niagara South Board of Education be advised that the City of Niagara Falls does not wish to acquire a 5.97 acre parcel of the Board's surplus land located on the east side of Dorchester Road, south of McLeod Road. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. C0-87-56 - Chief Administrative Officer - Re: Surplus Municipal Property on the North Side of Bridge Street, Former Athletic Field. The report recommends that the surplus Municipal property located on the north side of Bridge Street be conveyed to Heuser's Welding and Steel Works Ltd. for the tendered amount of $115,000.00 plus the cost of an Opinion of Value which is $300.00, along with a cost of a survey, if one is required; AND FURTHER, that the Purchaser be requested to prepare, in conjunction with the Municipality, a site plan covering the development of both the lands presently owned by him and the parcel to be purchased from the Municipality.. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimoqply. 8 R-87-27 - Chief Adstnistrative Officer - Re: Purchase of Diesel Tractor with Mower Attachment. The report recommends that approval be given to purchase a John Deer Diesel Tractor with Mower attachment from Pinders Lawn & Leisure Centre for $8,449.42. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. R-87-28 - Chief Administrative Officer - Re: Acknowledgement of Grants - Ministry of Tourism and Recreation- The report recommends that Council authorize a letter of appreciation to the tlonourable John Eakins, Minister of Tourism and Recreation for his financial support with (1) improvements to Oakes Park; (2) improvements to Stamford Arena; and (3) the production of a video training tape. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously- R-87-29 - Chief Administrative Officer - Re: Houck Park Parking for Royal Canadian Legion, Branch 51. The report recommends the following: '1) That the Royal Canadian Legion, Branch 51, be authorized to use Houck Park parking lot (Valley Way) for overflow Legion parking; 2) That the Legion include this parking area as part of their liability insurance coverage; 3) That the Legion provide and pay for snow removal of the parking area should it be used during the winter months; 4) That City Staff forward the Houck Park special event schedule to the Legion and notify the Greater Niagara Baseball Association of the arrangements for overflow parking; 5) That Staff meet with representatives of Legion Branch 51 in the early part of 1988 to evaluate the overflow parking arrangements. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. R-87-30 - Chief Adst~strmtive Officer - Re: Monthly Public Swimming - Y.M.C.A. The report provides a statistical comparison with respect to public swimming attendance for 1986 and 1987; and recommends that Council receive and file the information. Alderman Campbell declared a conflict of interest because the organization is a client. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. The motion Carried with Alderman Campbell abstaining from the vote on a conflict of intereat previously recorded; and with all others voting in favour. B-87-47 - Chief Administrative Officer - Re: Buildings & Inspections Department Report for June 1987. The report provides information regarding Permits Issued and Highlights for the month of June 1987, as well as July proposals. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and filed· Carried Unanimously. B-87-48 - Chief Administrative Officer - Re: Site Plan Approval - Proposed 16 Unit Apartment Building, Montrose Road (east side, south of Graham Street) (AM-21/86). The report recommends that the Council approve the site plans on display at tonight's meetings being a proposed apartment building, and the site plan being drawing number A-1s dated May 1987, and filed with the Buildings and Inspections Department of the City of Niagara Falls on July 21st, 1987, and that such approval be subject to the conditions outlined in the report. 9MB~[Db~nra~Si~Saia~do&d~S~.manCR~leae0Ra~oh~l~.lderman Uinsperge. r% thatgthe -9- B-87-49 - Chief Administrative Officer - Re: Cash-in-Lieu Agreement Between The Corporation of the City of Niagara Falls and 532802 Ontario Limited (Hurley House Restaurant), 5448 Victoria Avenue. The report recommends that Council authorize the cash-in-lieu agreement with 532802 Ontario Limited. A by-law authorizing the agreement will be presented to Council at the next available meeting. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. B-87-50 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Industrial Plaza, Stanley Avenue and George Street (N/W corner). The report recommends that Council approve the site plan on display at tonight's meeting, being a proposed industrial plaza, and the site plan being drawing number 1, and the servicing plan being drawing number 3, and filed with the Buildings and Inspections Department of the City of Niagara Falls on July 10th, 1987, and that such approval be subject to the conditions included in the report. ORDERED on the motion of Alderman Campbell, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. B-87-51 - Chief Ad~nistrative Officer - Re: Cash-in-Lieu Agreement Between The Corporation of the City of Niagara Falls and Madhu M. Gupta (Centre Gift Shop), 5731 Victoria Avenue. The report recommends that Council authorize a cash-in-lieu agreement with Madhu M. Gupta. A by-law authorizing the agreement will be presented to Council at the next available meeting. ORDERED on the motion of Alderman Pay, seconded by Alderman Htnsperger, that the report be received and adopted. Carried Unanimously. B-87-52 - Chief Administrative Officer - Re: Cash-in-Lieu Agreement Between The Corporation of the City of Niagara Falls and David and Brenda Tanfara (David's Upholstery & Fine Furniture, 4428-32-34 Queen Street). The report recommends that Council authorize a cash-in-lieu agreement with David and Brenda Tanfara. A by-law authorizing the agreement will be presented to Council at the next available meeting. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. 1]-87-55 - Chief Adm4nistrative Officer - Re: Site Plan Approval - Proposed Commercial Plaza, Thorold Stone Road and Carroll Avenue (S/W Corner). The report recommends that Council approve the site plan on display at tonight's meeting, being a proposed commercial plaza, and the site plan being drawing number A-1 dated June, 1987, and the site services' plan being drawing number S8-1 dated June, 1987, and filed with the Buildings and Inspections Department of the City of Niagara Falls on July 23rd, 1987, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. B-87-56 - Chief Administrative Officer - Re: Microcomputer System for Buildings & Inspections Department. The report recommends that Council authorize the City to purchase a Macintosh SE/20 Computer and Apple LaserWriter Plus printer from SES (Computing) Inc., who provided the lowest quotation of $10,164.00. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. MW-87-140 - Chief Adninistrative Officer - Re: Contract R.C. 14-87 - Reconstruction of Erie Avenue - CAIP 1 - Queen Street CAIP 4 and Associated Works. The report recommends the following: l) That the sum of $38,700.00 be taken from the Waterworks Contribution to Capital Projects Account, $184,000.00 be taken from the General Area Contribution to Capital Projects Account, and $78,000.00 be taken from the Urban Service Area Contribution to Capital Projects Account to finance the balance of the costs of this pro3ect; · · . 10 - 10 - - 11 - 2) That the unit prices submitted by the low tenderer, Hugh Cole Constrnction Ltd. be accepted and that the contract be awarded to this company subject to: (a) Receiving Ontario Municipal Board approval of By-laws 87-127, 87-135 and 87-141 including a third reading of By-law 87-127 by City Council; (b) Receiving approval of the CAIP 4 Agreement by the Province and the Ontario Mnnicipal Board; (c) Receiving Ministry of the Environment approval of the sewer and watermain installations proposed to be undertaken through this project; (d) Sufficient funds being deposited with the City by VIA Rail Canada Inc. · for this company's portion of the work, and in the event that these funds are not received from VIA Rail Canada Inc. to cover this company's portion of Contract R.C- 14-87 that this work be deleted from the contract; (e) Sufficient funds being received from Niagara Transit Commission to cover the Con~nission's portion of the cost of this project, and in the event that the Commission is not in a position to proceed with their portion of the work contained in Contract R.C. 14-87, that work be deleted from the contract; (f) Hugh Cole Construction Ltd. agrees to include in the Agreement for construction of the works, provisions deferring commencement of construction for those works requiring the approvals referred to in Clauses (a), (b) and (c) of this recommendation until those approvals have been received. Further provision be included in the Agreement for construction of the works ensuring that Hugh Cole Construction Ltd. agrees with the deletion of works referred to in Clauses (d) and (e) of this recommendation if funds are not received from these Organizations to finance that portion of the works; (g) Hugh Cole Construction Ltd. executing the Agreement for construction, as revised by the City Solicitor to include the provisions outlined in the preceding Clause (f). ORDERED on the motion of Alderman Pay, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. See Resolution No. 57. See By-law No. 87-161 and By-law No. 87-162. MW-87-142 - Chief Admt~t~strative Officer - Re: Contract G.C. 21-87 - Underground Services For Dellpark Subdivision. The report recommends that the unit prices submitted by the low tenderer, Master Paving & Construction (Niagara Falls) Ltd., be accepted and this contract awarded. In response to questions raised, the Solicitor advised that he has received a new agreement to bend that covers the performance bond, and the labour and material bond, for 100%. ORDERED on the motion of Alderman Pay, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. See Resolution No. 58. See By-law No. 87-156. F-87-40 - CMef Adsiuistrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $10,929,462.40 for the period ending July 27the 1987 be approved by the passing of the by-law appearing later on the agenda. Alderman Campbell declared a conflict of interest on Cheque No. 25679 because the organization is a client, Alderman Cummings declared a conflict of interest on Cheque No. 25598 because a member of his family is involved in the program. Alderman Harrington declared a conflict of interest on Cheque No. 25618 because his wife has an interest; and on Cheque No. 25853 because he is employed by the Board- Alderman Hinsperger declared a conflict of interest on Cheque Nos. 25596 and 25724 because he is employed with the company. Additional information was provided on Cheque Nos. 25712, 25768, 25837, and 25893. ORDERED on the motion of Alderman Campbell, seconded by Alderman Cummings, that Cheque No. 25712 be tabled for further informatiopn. Carried Unanimously. ORDERED on the motion of Alderman Pay, seconded by Alderman Coville, that the report be received and adopted, subject to the tabling of Cheque No. 25712. The motion Carried with Aldermen Campbell, Cummings, Harrington, and Hinsperger abstaining from the vote on Cheque Nos. 25679, 25598, 25618, 25853, 25596 and 25724 consecutively, on conflicts of interest previously recorded; and with all others voting in favour. F-87-14 (HANDOUT FROM FINANCE COMMI'ri'AE) - Chief Administrative Officer - Re: Data Processing Equipment. The report recommends that Council approve the purchase of the following: 1) New model 6239, 592 MB disc subsystem $ 42,259.28 2) Reconditioned model 1605-73 metre-high cabinet 4,984.80 3) Reconditioned model 8708, 2 MB memory module 8,308.00 $ 55,552.08 ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. P-87-23 (BANDOUT FROM FINANCE COMMI'rEAE) - Chief Administrative Officer - Re: Employee Group Benefits- The report recommends that employee group benefits comprised of extended health care, dental, life insurance and long term disability be insured with, and administered by The Canada Life Assurance Company commencing September 1, 1987. Alderman Janvary declared a conflict of interest because her husband has a business interest. Alderman Pay declared a conflict of interest because he 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 Aldermen Janvary and Pay abstaining from the vote on conflicts of interest previously recorded; and with all others voting in favour. CD-87-52 - Chief Administrative Officer - Re: New Heritage Grant Program. The report recommends that the City of Niagara Falls participate in the new Grant Program being initiated by the Ontario Ministry of Citizenship and Culture aimed at stimulating and supporting the conservation of Ontario's heritage buildings. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Pay~ that the report be received and adopted. Carried Unanimously. - 12 - - 13 - RESOLUTIONS No. 57 - PAY -BAKER - RESOLVED that the unit prices submitted by Hugh Cole Construction Ltd. for Contract R.C- 14-87 - reconstruction of Erie Avenue - CAIP 1 - Queen Street CAIP 4 and associated works, be accepted at the low tendered price of $1,213,967.40 subject to the conditions listed in Report B4-87-140; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 58 - PAY - CAMPBELL - RESOLVED that the unit prices submitted by Master Paving Construction (Niagara Falls) Ltd., for Contract G.C- 21-87 - underground services for Dellpark Subdivision, be accepted at the low tendered price of $79,126.84; AND the Seal of the Corporation be hereto affixed- Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Coville, seconded by Alderman Harrington, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 87-150 - A by-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (Camrose Street and Ellen Avenue)- No. 87-151 - 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. (Atlas Street and Judith Avenue)- No. 87-152 - A by-law to amend By-law No. 87-148, being a by-law to authorize a subdivision agreement with Ascot Woods Ltd. (Ascot Woods Extension No. 2). No. 87-153 - Withdrawn. No. 87-154 - Withdrawn. No. 87-155 - A by-law to amend By-law No. 79-200, as amended. (AM-44/86, 614129 Ontario Inc., 6240 Thorold Stone Road. Report PD-87-75 approved by Council June 8, 1987). No. 87-156 - A by-law to authorize the execution of an agreement with Master Paving and Construction (Niagara Falls) Ltd. for sewermains, water- mains and base road construction in the Dellpark Extension Subdivision. No. 87-157 - A by-law to authorize a subdivision agreement with River Realty Development (1976) Inc. (Harovics Subdivision). No. 87-158 - A by-law to authorize an agreement with J. Bryon Wiebe Ltd., Consulting Engineers & Planners. No. 87-159 - A by-law to authorize the execution of an agreement with Jovo Bielich and Violet Bielich. No. 87-160 - A by-law to authorize the execution of an agreement with John Csikos and Janet Caikos. No. 87-161 - A by-law to authorize an agreement with Hugh Cole Construction Limited. No, 87-162 - A by-law to authorize the execution of an agreement with the Ministry of Municipal Affairs respecting a project in the Commercial Area Improvement Program Area No. 2 (Downtown) under the Ontario Commercial Area Improvement Program. No. 87-163 - A by-law to authorize an agreement with CMD Inc. No. 87-164 - A by-law to allow the maintaining and using of buildings which encroach on Oneida Lane. .... 13 No. 87-165 - A by-law to authorize a renewal of the lease of the old City Hall. No. 87-166 - A by-law to provide monies for general purposes. No. 87-167 - A by-law to authorize the execution of an agreement with Ontario Hydro. The motion Carried with Alderman Hopkins abstaining from the vote on By-law No. 87-163 on a conflict of interest, because a member of his family is employed by one of the parties involved; Alderman Cummings voting contrary on By-law No. 87-165; Aldermen Campbell, Cummings, Harrlngton and ttinsperger abstaining from the vote on By-law No. 87-166, on conflicts of interest previously recorded in Report No. F-87-40; and with all others voting in favour. ORDERED on the motion of Alderman Coville, seconded by Alderman Baker, that the following by-laws be now read a second and third time: No. 87-150 - A by-law to amend By-law No. 3790, being a by-law for the regulation of traffic. No. 87-151 - A by-law to amend By-law No. 6340, providing for the erection of Yield Right-of-Way signs at certain intersections in the Municipality. No. 87-152 - A by-law to amend By-law No. 87-148, being a by-law to authorize a subdivision agreement with Ascot Woods Ltd. No. 87-153 - Withdrawn. No. 87-154 - Withdrawn- No. 87-155 - A by-law to amend By-law No. 79-200, as amended. No. 87-156 - A by-law to authorize the execution of an agreement with Master Paving and Construction (Niagara Falls) Ltd. for sewermains, water- mains and base road construction in the Dellpark Extension Subdivision. No. 87-157 - A by-law to authorize a subdivision agreement with River Realty Development (1976) Inc. No. 87-158 - A by-law to authorize an agreement with J. Bryon Wiebe Ltd., Consulting Engineers & Planners. No. 87-159 - A by-law to authorize the execution of an agreement with Jovo Bielich and Violet Bielich. No. 87-160 - A by-law to authorize the execution of an agreement with John Csikos and Janet Csikos. No. 87-161 - A by-law to authorize an agreement with Hugh Cole Construction Limited. No. 87-162 - A by-law to authorize the execution of an agreement with the Ministry of Municipal Affairs respecting a project in the Commercial Area Improvement Program Area No. 2 (Downtown) under the Ontario Commercial Area Improvement Program. No. 87-163 - A by-law to authorize an agreement with CMD Inc. No. 87-164 - A by-law to allow the maintaining and using of buildings which encroach on Oneida Lane. No. 87-165 - A by-law to authorize a renewal of the lease of the old City Hall. No. 87-166 - A by-law to provide monies for general purposes. 87-167 - A by-law to authorize the execution of an agreement with Ontario Hydro. . . , . 14 - 14 - The motion Carried with Alderman Hopkins abstaining from the vote on By-law No. 87-163 on a conflict of interest previously recorded; Alderman Cummings voting contrary on By-law No. 87-165; Aldermen Campbell, Cummings, Harrington and Hinsperger abstaining from the vote on By-law No. 87-166 on conflicts of interest previously recorded; and with all others voting in favour. NEW BUSINESS lIENS OF CONCERN: Gray Coach/Canada Coach - ORDERED on a motion by Alderman Pay, seconded by Alderman Cummings, that Staff be directed to investigate and submit a report on the consultants for Niagara Transit, and any proposed changes in Gray Coach/Canada Coach use of the proposed new bus.~erminal. Carried Unanimously. PD-87-97 (HANDOUT) - Environmental Planning Committee - Re: Canadians & Americans to Protect the Environment (CAPE). The report provides information regarding a Joint working group, established by the City Councils of Niagara Falls, New York and Ontario; and recommends that the information be received. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and filed. Carried Unanimously- Proposed No Smoking By-law - Alderman Cummings initiated a discussion regarding the proposed No Smoking By-law. The Solicitor advised that the matter would be given consideration at the upcoming Council meeting scheduled for August 17th, 1987, and a new by-law, with changes included, would be given three readings. The Chief Administrative Officer advised that opportunity for discussion of the proposed by-law would be offered on August 17, 1987- - 15 - on private and City owned property; and advised that weed cutting was being done on a daily basis in the City. Alderman Janvary stated that at a meeting of the Environmental Committee earlier on this date, a decision was made to ask Council to contact the Minister of Transportation and Communications, and Regional Headquarters, regarding weed cutting policies, and requesting consideration of a second cutting of weeds; and further, to give encouragement to individuals to do "back-up cleaning" of properties. It was moved by Alderman Cummings, seconded by Alderman Baker, that the meeting adjourn. Carried Unanimously. RE~ A~ ADOPTED, ACTING MAYOR NORMAN PUTTICK Railway Tracks - Stanley Avenue - Alderman Cummings requested that the Chief Administrative Officer contact the Railway with a request to have the tracks repaired at the crossing on Stanley Avenue near the City Service Centre as soon as possible. WellandRiver(Chippawa Creek) Pollution - Alderman Coville advised that a meeting was held with representatives of the Ministry of the Environment, and that a Phoenix based team had been hired to excavate the pollution in the Welland River, beginning on July 28th, and to be completed in three weeks. ~ Cash-in-Lieu Agreement - King Edward Hotel - In reply to an enquiry from Alderman Pay regarding a cash-in-lieu agreement with the new owners of the King Edward Hotel, the Director of Buildings & Inspections advised that this matter had not been discussed, and further, that the new owners would be opening in compliance with the zoning by-laws. Staff Attendance at Council Neerings - In response to Acting Mayor Puttick's enquiry, the Chief Administrative Officer advised that a report would be submitted regarding Staff attendance at Council meetings as soon as comments have been received regarding the practise in other Municipalities, Heeds in Niagara Falls - Acting Mayor Puttick initiated a discussion regarding weeds in the City of Niagara Falls, and in particular, across from the bus depot at the corner of Stanley Avenue and Dunn Street. The Chief Administrative Officer and the Director of Buildings & Inspections discussed the responsibility regarding weed cutting in the Stanley Avenue/Marineland Parkway, Q.E.W./Lyon's Creek Road, and Highway 420 areas; the policy and procedure with respect to the cutting of weeds · o · ° 15 TWENTY-EIGHTH MEETING COMMITTEE OF THE WHOLE Committee Room #1 August 10, 1987 Council met on Monday, August 10th, 1987 at 7:25 p.m. in Committee of the Whole. All members of Council, with the exception of His Worship Mayor Smeaton, and AIdennen Baker, Cheesman, Coville and Harrington, were present. Alderman Cummings presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. ~ READ AND ADOPTED, ' ' · ~ITY CLER}~, .,,iCTING MAYOR MARK HOPKINS PLANNING/REGULAR MEETING Council Chambers August 10, 1987 Council met on Monday, August lOth, 1987 at 7:35 p.m. for the purpose of considering Planning Matters and regular business. All members of Council, with the exception of His Worship Mayor Smeaton, and Aldermen Baker, Cheesman and Coville, were present. Acting Mayor Mark Hopkins presided as Chairman. Aidennan Hinsperger offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of AIderman Pay, seconded by Alderman Janvary, that the minutes of the meeting held July 27th, 1987, be adopted as printed. Carried Unanimously. REPORTS - PLANNING MATTERS PD-87-101 - Chief Administrative Officer - Re: Zoning Amendment Application AM-11/87 and Official Plan Amendment No. 162, N. Graovaz, 7068-7084 McLeod Road. The report recommends that Council not support the proposed amendment to the Official Plan or the amendment to the Zoning By-law· - AND - C~mnunication No. 252 - Regional Niagara Planning & Development Deparment - Re: Preliminary Application AM-11/87, Neighbourhood Commercial Development, McLeod Road and Jubilee Drive. The communication advises that Regional Planning Staff is not opposed to the proposal, however, they request a ten foot widening be dedicated to the Regional Municipality of Niagara across the easterly frontage of the property adjacent to Niagara Road 49 (McLeod Road) to achieve a right-of-way from the road allowance; and further, that a formal site plan be prepared and submitted for their review and approval. Acting Mayor Mark Hopkins declared the Public Meeting open, and reviewed the procedures to be followed under the Planning Act, 1983. The City Clerk advised that the application is for a rezoning to amend the Official Plan, Amendment No. 28, Niagara Falls Section, to permit a neighbourhood commercial use in a residentially designated area. In addition, the applicant proposes to amend Zoning By-law 79-200 from Transition Multiple Residential to Neighbourhood Commercial (NC). He stated that the Notices of the Public Meeting were forwarded on July 8th, 1987 by first class mail and that the Official Plan Amendment Notice was placed in the Niagara Falls Review on July 10th, 1987. He further stated that a handout letter from the Regional Municipality of Niagara Planning and Development Department had been received without an objection to the rezoning application. In response to Acting Mayor Mark Hopkins' request, the applicant indicated his presence. Acting Mayor Hopkins received a negative response to his request for a show of hands indicating the presence of persons, other than the applicant or his agent, in fayour of, or opposed to the application. He asked that any persons wishing to receive further notice of the passage of the by-law should submit' their names and addresses to the City Clerk prior to leaving the meeting. The Assistant Planning Director discussed the subject property with the assistance of posted sketches; and reviewed the following information contained in the Technical Report: Development Proposal, Official Plan, Zoning By-law Amendment, Surrounding Land Uses, Comments From Public Notification, Planning Review, and Site Plan Review. He advised that there have been three recent commercial plazas that have been constructed in the immediate vicinity, along with Canadian Tire and the A & P Grocery Store, adding to the already large amount of commercial space within the area. In addition, since the applicant does not have a comprehensive development strategy for the lands and the municipality has not received results of a Neighbourhood Development Market Study, the applicant should reapply at a later date. Mr. N. Graovaz, the applicant, explained that when he purchased the property, it was a small gift shop and apartment. It was his intent to convert the gift shop, as it is now not operating, into a small beauty salon for his wife to operate. Following some discussion, it was suggested by Alderman Pay that the applicant could reapply for an amendment to the zoning by-law to permit a site specific use for a beauty salon only. Since no further comments were forthcoming~ Acting Mayor Hopkins declared the Public Meeting closed. ORDERED on the motion of Alderman Orr, seconded by Alderman Patrick, that the communication be received and filed, and the application be denied for reasons suggested by the Assistant Planning Director. Carried Unanimously. PD-87-103 - Chief Administrative Officer - Re: Zoning Amendment Application AM-22/87 and Official Plan Amendment No. 163, Leon Sharon Investments, 8066- 8078 Norton Street. The report recommends that Council table consideration of the proposed amendment to the Official Plan and to the Zoning By-law until an air pollution impact assessment has been undertaken for the proposal and a land use analysis completed for the area. - AND - C~unication No. 253 - Nanette McKenzie Barkham - Re: The communication expresses concerns regarding the zoning amendment application and the problems encountered with water drainage. - AND - C~ednication No. 254 - Regional Niagara Planning& Development Department - Re: Preliminary Application AM-22/87, Proposed Apartment, Front Street and Norton Street. The communication advises that Regional Planning Staff is not opposed to the proposal although they indicate that the City should refer to the comments of the Ministry of the Environment for assistance in evaluating the impacts from the Norton Plant if the City supports the application. Acting Mayor Mark Hopkins declared the Public Meeting open, and reviewed the procedures to be followed under the Planning Act~ 1983. The City Clerk advised that the application is for a rezoning to amend the Official Plan and the Zoning By-law to permit the construction of a three storey, twenty unit residential apartment building development. He stated that the Notices of the Public Meeting were forwarded on July 8th, 1987 by first class mail and that the Official Plan Amendment Notice was placed in the Niagara Falls Review on July lOth, 1987. In response to Acting Mayor Mark Hopkins' request, the agent for the applicant indicated his presence. Acting Mayor Hopkins received a positive response to his request for a show of hands indicating the presence of persons, other than the applicant or his agent, in favour of, or opposed to the application. He asked that any persons wishing to receive further notice of the passage of the by-law should submit their names and addresses to the City Clerk prior to leaving the meeting. The Assistant Planning Director discussed the subject property with the assistance of posted sketches; and reviewed the following information contained in the Technical Report: Development Proposal, Official Plan, Zoning By-law, Surrounding Land Use, Comments From Notification Process, Planning Review, and Site Plan Review. He stated that since the Ministry of Environment had voiced concerns about the application and based on the need for additional information and/or an impact assessment of air quality, and the Official Plan requirement of "limited urban renewal study" for the area being undertaken, Staff could not recommend the processing of the subject application at this time and that it be tabled for a future date. Mr. William Slovak, Solicitor, on behalf of the Norton Company, concurred with the Staff and Technical Reports. He stated that the application was incompatible with industry and informed Council that his clients were strongly opposed to the proposed development. Messrs. Karl Dunnett and Nell Vandelaar, and Ms. Cathy Weaver all of Front Street expressed opposition to the proposal for the following reasons: there are presently too many families in the area; as permission to build a dock had been granted~ there would be additional hazards; since they have experienced flooding problems, an additional twenty units would add to the inadequacies of the drainage system; their view would be obstructed by the balconies of the apartments; their parking facilities would be limited; the owner is not presently maintaining the property as weeds are growing rather high, and they are concerned over the fact that residents should be notified of the present efforts by the Ministry of the Environment to clean up the "Blob" in the Welland River across from the proposed development. Mr. Bob O'Dell, Urban and Rural Planning Consultant, agent for the applicant, stated that certain adjustments must be considered, which were known by the applicant. These were namely: investigations of the land use, improvements to the air quality, and adjustments to the development site plans. He concurred with the Staff Report to table the application until the said studies have been completed. Aiderman Hinsperger questioned as to whether developments of this type should be frozen as are plans of subdivisions in Chippaws, pending completion of a flooding study. Mr. Larry Oates, Director of Municipal Works, stated that the proposal would not contribute any more to the flooding problem than would a motel which is a permitted use at present. Aiderman Harrington entered the meeting at 8:28 p.m. After further discussion, on a motion by Alderman Janvary, seconded by Alderman Orr, Council adjourned to Committee of the Whole at 8:35 p.m. Carried Unanimously. Following consideration of the item presented, the Committee of the Whole arose without reporting at 8:45 p.m. Since no further comments were forthcoming, Acting Mayor Hopkins declared the Public Meeting closed. -4- It was moved by Alderman Puttick, seconded by Alderman Orr, that the application be denied. It was moved by Alderman Campbell, seconded by Alderman Pay, that the matter be tabled. The motion was defeated with the following vote: AYE: Aldermen Campbell, Harrington, Janvary and Pay. NAYE: Aldermen Cummings, Hinsperger, Orr and Puttick. The motion to deny the application Carried with the following vote: AYE: Aldermen Cummings, Hinsperger, Orr, Puttick and Acting Mayor Hopkins. NAYE: Aldermen Campbell, Harrington, Janvary and Pay. PD-87~104 - Chief Administrative Officer - Re: Zoning Amendment Application AM-23/8~ and Official Plan Amendment No. 161, Pinewood Homes (Niagara) Ltd., South of Thorold Stone Road, West Side of Montrose Road. The report recommends the following: 1) That Council not support the proposed amendment to the Official Plan or the amendment to the Zoning By-law. 2) That the applicant be encouraged to consider alternative development schemes upon the subject lands, namely: - three single family lots along Donlee Drive be developed, and - the remainder of the site be developed for an apartment complex consistent with Official Plan policies. - AND - Communication No. 255 - Regional Niagara Planning & Development Department - Re: Preliminary Application AM-23/87, Two Multi-Family Residential Projects, Montrose Road, South of Chorozy S tree t. The communication advises that Regional Planning Staff is not opposed to the proposal, however, they recognize that the proposed increase in density could have local impacts. - AND - C~unication No. 256 - Briau Sinclair, Solicitor - Re: The communication requests permission to make a presentation to Council on behalf of Pinewood Homes (Niagara) Ltd. Acting Mayor Mark Hopkins declared the Public Meeting open, and reviewed the procedures to be followed under the Planning Act, 1983. The City Clerk informed Council that he had received~a letter from Pinewood Homes (Niagara) Ltd. dated July 20th, 1987 in which Mr. Michael V. Colaneri, President of Pinewood Homes, requests that the application (AM-23/87) be tabled in order that he could meet with area residents to explain his proposal. The City Clerk further stated that the applicant would be responsible for paying the postage for an additional circulation of notices sent to the area residents. In response to Acting Mayor Mark Hopkins' request, the Solicitor for the applicant indicated his presence. Acting Mayor Hopkins received a positive response to his request for a show of hands indicating the presence of persons, other than the applicant or his agent, in fayour of, or opposed to the application. He asked that any persons wishing to receive further notice of the passage of the by-law should submit their names and addresses to the City Clerk prior to leaving the meeting. Mr. Brian Sinclair, Solicitor, on behalf of the applicant, stated that his clients were willinS to table their application and were prepared to make changes in their proposalj amend the application, and rectify the concerns of the residents. Mrs. Debbie Linebaugh of 7671Chorozy Street, and Ms. Terry Carroll of 7731 Chorozy Street were strongly opposed to the application. They expressed - 5 - concerns over the fact that the area residents had not been notified by City Hall or Pinewood Homes of the public meeting. The City Clerk explained the procedure followed when notifying residents of a zoning amendment application. Mrs. Linebaugh compiled a petition signed by area residents and left it with the Deputy City Clerk. Since no further comments were forthcoming, Acting Mayor Hopkins declared the Public Meeting closed. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the communications be received and filed, and the application be tabled in order to give the applicant an opportunity to meet with area residents and endearour to resolve their concerns. The motion Carried with the following vote: AYE: Aldermen Campbell, Harrington, Hinsperger, Janvary, Orr, Pay and Puttick. NAYE: Alderman Cummings. PD-87-109 - Chief Administrative Officer - Re: Zoning Amendment Application AM-4/87 and Official Plan Amendment No. 160, Niagara River Construction Ltd., Portage Road at Ontario Hydro Canal Immediately North of Niagara Credit Union. The report recommends the following: l) 2) That Council support the proposed amendment to the Official Plan and Zoning By-law for open space designation of subject lands to permit the development of a mausoleum and chapel. The contemplated development be subject to the provisions of the Cemetery Act. 3) That Council direct staff to prepare the appropriate Official Plan and Zoning By-law amendments which incorporate the following: i) the required variances to the Open Space zone; ii) a minimum provision for landscaping; iii) improved parking standards and further redssign of parking facilities through site planning, for enactment at a subsequent Council meeting. - AND - Communication No. 257 - Regional Niagara Planning & Development Deparment - Re: Preliminary Application AM-4/87, Proposed Mausoleum, Portage Road, North of Morrison Street. The communication advises that Regional Planning Staff is not opposed to the proposed mausoleum, but they indicate that a Regional entranceway permit would be required for access onto Portage Road. Alderman Harrington declared a conflict of interest as he is a member of a church which has an interest in the subject land. Acting Mayor Mark Hopkins declared the Public Meeting open, and reviewed the procedures to be followed under the Planning Act, 1983. The City Clerk advised that the intent of the application is for the redesignation of lands from Residential to Open Space, to permit the establishment of a private cemetery use, namely a mausoleum and chapel. He stated that the Notices of the Public Meeting were forwarded on July 6th, 1987 by first class mail and that the Official Plan Amendment Notice was placed in the Niagara Falls Review on July 10th, 1987. In response to Acting Mayor Mark Nopkins' request, the Solicitor for the applicant indicated his presence. Acting Mayor Hopkins received a positive response to his request for a show of hands indicating the presence of persons, other than the applicant or his agent, in fayour of, or opposed to the application. He asked that any persons wishing to receive further notice of the passage of the by-law should submit their names and addresses to the City Clerk prior to leaving the meeting. - 6 - - 7- The Assistant Planning Director discussed the subject property with the assistance of posted sketches; and reviewed the following information contained in the Technical Report: Development Proposal, Zoning By-law Amendment, Official Plan Amendment, Comments From Public Notification Process, Surrounding Land Uses, Planning Review, and Site Plan Review. He stated that the Planning and Development Department is supportive of the application without any adverse comments for Council's consideration. Mr. Jeoff Couchi, Solicitor, on behalf of the Niagara Credit Union, expressed opposition to the application. Me informed Council that the Credit Union is interested in providing financial assistance to the public and that a mausoleum would not benefit his client. He also expressed concerns over the fact that, since the applicant did not state the seating capacity of the mausoleum, traffic flow to the Credit Union would be prohibited, parking facilities would be limited, and the only exit would be down Portage Road past the Credit Union. M~. Dante Marinelli, Solicitor, on behalf of the applicant, stated that since the land was very valuable, it would be feasible to change the zoning to an Open Space Zone. He implied that as the chapel's main use would be to perform last services for deceased persons, the traffic flow would not be prohibitive, and concluded that there is a need for a facility such as the one proposed by his client as the closest one to Niagara Falls is in Fonthill. Since no further comments were forthcoming, Acting Mayor Hopkins declared the Public Meeting closed. ORDERED on the motion of Alderman Orr, seconded by AIderman Hinsperger, that the communication be received and filed, and further, that the report be received and adopted and the application approved. The motion Carried with Aiderman Harrington abstaining from the vote on a conflict of interest previously recorded. PD-87-110 - Chief Administrative Officer - Re: Zoning Amendment Application AM-20/87, Joseph and Lucy Armenti, 4978 Roberts Street. The report recommends the following: 1) That Council support the proposed zoning by-law amendment, as detailed in Technical Report PD-87-107. 2) That Staff be directed to prepare an appropriate zoning by-law amendment which reflects the application submitted for enactment at a subsequent Council Meeting. - AND - Communication No. 258 - Regional Niagara Planning & Development Deparment - Re: Preliminary Application AM-20/87, Proposed Duplex, Roberrs Street, West of Second Avenue. The communication advises that Regional Planning Staff is not opposed to the proposal, however, they note that the~property fronts on Highway 420, a major traffic artery which carries considerable volumes of tourist traffic. Therefore, the City should consider the comments, if any, of the Ministry of Transportation and Communications. Acting Mayor Mark Hopkins declared the Public Meeting open, and reviewed the procedures to be followed under the Planning Act, 1983. The City Clerk advised that the proposal is to amend Zoning By-law 79-200 to permit the conversion of an existing single family dwelling into a duplex. He stated that the Notices of the Public Meeting were forwarded on July 7th, 1987 by first class mail. In response to Acting Mayor Mark Hopkins' request, the Solicitor for the applicant indicated his presence. Acting Mayor Hopkins received a negative response to his request for a show of hands indicating the presence of persons~ other than the applicant or his agent, in fayour of~ or opposed to the application. He asked that any persons wishing to receive further notice of the passage of the by-law should submit their names and addresses to the City Glerk prior to leaving the meeting. The Assistant Planning Director discussed the subject property with the assistance of posted sketches; and reviewed the following information contained in the Technical Report: Development Proposal, Zoning By-law Amendment, Official Plan, Comments From Public Notification Process, Surrounding Land Use, and Planning Review. He indicated that the Planning and Development Department is supportive of the application without any adverse comments for Council's consideration. Mr. Brian Sinclair, Solicitor, on behalf of the applicant, concurred with the Staff and Technical Reports. He stated that since the reports were self- explanatory and the application is a logical one, the support of Council is requested. Since no further comments were forthcoming, Acting Mayor Hopkins declared the Public Meeting closed. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the communication be received and filed, and further, that the report be received and adopted and the application approved. Carried Unanimously. PD-87-111 - Chief Administrative Officer - Re: Zoning Amendment Application AM-21/87, 594480 Ontario Ltd., 5815 Vie toria Avenue. The report recommends the following: 1) That Council not support the proposed nine storey, 136 unit hotel complex as detailed in Technical Report PD-87-108. 2) That the applicant be encouraged to consider alternative building designs, namely: a) through the removal of the four storey structure fronting Victoria Avenue, site densities will be reduced and human scale provided, b) to enhance the pedestrian promenade and environmental quality an increased front yard setback from Victoria Avenue be provided, and c) consideration be given to reduction in building coverage, increased landscaped open space and an increased southerly side yard in an attempt to approach the guideline advocated in the Hotel Study and provide for a compatible development. - AND - C~emmunication No. 259 - Regional Niagara Planning & Development Department - Re: Preliminary Application AM-21/87, Proposed Hotel Complex1 Victoria Avenue, West of Clifton Hill. The communication advises that Regional Planning Staff is not opposed to the proposal, however, they request a formal site plan to be prepared and submitted to their office for their review and approval. The plan should indicate parking arrangements, entranceway details, site servicing requirements, and building locations. Acting Mayor Mark Hopkins declared the Public Meeting open, and reviewed the procedures to be followed under the Planning Act, 1983. The City Clerk advised that the proposal is to amend Zoning By-law 79-200 to permit construction of a 136 unit hotel complex with a 100 seat restaurant, a 60 seat coffee shop, and 1000 square feet of retail space. He stated that the Notices of the Public Meeting were forwarded on July 8th, 1987 by first class mail. In response to Acting Mayor Mark Hopkins' request, the Solicitor for the applicant indicated his presence. Acting Mayor Hopkins received a positive response to his request for a show of hands indicating the presence of persons, other than the applicant or his agent, in favour of, or opposed to the application. He asked that any persons wishing to receive further notice of the passage of the by-law should submit their names and addresses to the City Clerk prior to leaving the meeting. - 8- - 9- The Assistant Planning Director discussed the subject property with the assistance of posted sketches; and reviewed the following information contained in the Technical Report: Development Proposal, Zoning By-law Amendment, Official Plan, Surrounding Land UseI Comments From Public Notification, and Planning Review. He indicated that it is the opinion of the Planning and Development Department not to support the proposed amendment as it does not satisfy the purpose and intent of the Official Plan directires, the Lanmer Fenco tourism development strategy, or the Interim Guidelines recommended in the Hotel Study. He further stated that Staff is very concerned about the automotive ingress/ egress conflicts from automobile and pedestrian traffic on Victoria Avenue, an alternative design to the entrance should be considered, a low building structure should be maintained, the proposal should be set back further from Victoria Avenue, and increased landscaping should be provided. Mr. AI MacBain, Solicitor, on behalf of the applicant, was agreeable to the changes that were required for the proposal which were brought forth by the Planning and Development Department. He informed Council that his client would be willing to maintain a low building structure, the building would be "pushed back" for pedestrians walking to and from Victoria Avenue, the density for parking would be underground, and the proposal would improve the landscaping on Victoria Avenue. Mr. Dante Marineill, Solicitor, on behalf of the Niagara Imperial Motel, expressed his clients opposition to certain aspects of the proposal. He stressed the point of keeping the height of the motel low and demolishing the canopy to set it back further on Victoria Avenue. He also stated that he wished to receive notice of the passing of the by-law. Alderman Rinsperger questioned whether blasting could disrupt other buildings around the motel and that, if the application is approved, an agreement should be drawn up indicating that the City is not liable for any damages caused. Since no further comments were forthcoming, Acting Mayor Hopkins declared the Public Meeting closed. ORDERED on the motion of Alderman Pay, seconded by Alderman Hlnsperger, that the communication be received and filed, and that the application be approved in principle subject to the applicant complying with Recommendations 2 (a), (b), and (c) and that the concerns of the adjacent property owner be addressed. The Planning Public Meeting concluded at 9:45 p.m. PD-87-I05 - Chief Administrative Officer - Re: Request for Building Permit, Part 4 of Reference Plan 59R-2627, Pt. Lot 14, Concession 2, Miller Road. The report recommends that the request for a Building Permit for Part 4 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 Puttick, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. PD-87-l12 - Chief Administrative Officer - Re: Request for Building Permit, for Part 6 of Reference Plan 59R-5128, Pt. Lots 15 & 16, Concession 1, Willoughby Drive. The report recommends that the request for a Building Permit for Part 6 of Plan 59R-5128 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. Mr. Doug Darbyson, Director of Planning and Development, stated that this lot and others were created as a result of a loophole in the Planning Act. He suggested that steps should be taken to close this loophole, but recommended that this application be approved. He stated that he would be bringing in a report covering the entire matter to Council. ORDERED on the motion of Alderman Hlnsperger, seconded by Aideman Pay, that the report be received and adopted. Carried Unanimously. Mr. Jack L. Collinson, Chief Administrative Officer, complimented Mr. Glen Barker for his excellent presentations, and on behalf of Staff, wished him good luck in his new position with the private sector. REGULAR MEETING UNFINISHED BUSINESS GREENING COI~ilTTEE - Report No. PD-87-102 - Chief Administrative Officer - Re: Membership of the Greenlng Committee. The report recommends that Council appoint 2 or 3 Council Members to serve on the Greening Committee. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that the report be received and adopted, and further that Aldermen Puttick and Pay be appointed as representatives on the Greening Committee. Carried Unanimously. COMMUNICATIONS No. 260 - Township of Beckwith, Lanark County - Re: Sales Tax - requesting endorsement of request to the Provincial Government to discontinue the sales tax on equipment or supplies for fire protection and control, and (auto) extrication. The communication asks Council to endorse the resolution. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and filed, and the request be endorsed. Carried Unanimously. No. 261 - Mr. Peter 8obol, Regional Councillor for Niagara Falls - Re: Pit Bull Terriers. The communication informs Council of the need to take action with respect to the dangers posed by "pit bull terriers". The City Clerk advised Council that Councillor Sobol wished his letter of July 7th, 1987 respecting pit bull terriers considered by Council as a communication. The Clerk advised that the matter of pit bull terriers was raised by Alderman Wayne Campbell several weeks ago and that the matter bad been referred to Staff for consideration. While the matter was being considered by Staff, Councillor Sobol's letter was received and placed in the agenda envelopes for the Council Meeting of July 13th, 1987 for the information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and filed, and further that a letter be sent to Mr. Peter Sobol, Regional Councillor. Carried Unanimously. No. 262 - Town of Pelham - Re: Direct Election of Regional Representative. The communication requests endorsation of a resolution to elect at least one representative directly to Regional Council froln the Town of Pelham. The City Clerk advised Council that a letter dated June 23rd, 1987 signed by the Regional Clerk with a copy to Councillor Peter Sobol, was placed in the Council agenda envelopes for the meeting of July 13th, 1987 for the information of Council. The Clerk also advised that a communication respecting representation on Regional Council had been received and filed by Council at its meeting held on February 16th, 1987. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the communication be reeelved and filed. Carried Unanimously. - 10 - - 11 - REPORTS R-87-31 - Chief Administrative Officer - Re: The Naming of a Park in Memory of John N. Allan - North West Quadrant, Montrose and McLeod Roads. The report recommends that Council rename the undeveloped Stamford Park to be the John N. Allan Park and authorize Staff to finalize a park development plan, including a budget forecast. ORDERED on the motion of Aideman Janvary, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. R-87-32 - Chief Administrative Officer - Re: Purchase and Install Playground Equipment. The report recommends that approval be given for the purchase and installation of playground equipment from Paris Playground Equipment in the amount of $1-1,537.32. Afderman Campbell questioned whether slides in playgrounds should be removed for the safety of children playing there. Mr. Robert Sones, Director of Parks and Recreation, answered that the equipment is built lower to the ground than other types of equipment and is acceptable as far as safety is concerned, however, he stated that there is still a risk factor. ORDERED on the motion of Alderman Cummings, seconded by Aideman Hinsperger, that the report be received and adopted. Carried Unanimously. MW-87-145 - Chief Administrative Officer - Re: Contract G.C. 22-87 - Underground Services For Rainbow Gardens Subdivision. The report recommends that the unit prices submitted by the low tenderer, Alfred Beam Excavating Ltd., be accepted and this contract be awarded. ORDERED on the motion of Aideman Puttick, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See Resolution No. 60. See By-law No. 87-170. MW-87-147 - Chief Administrative Officer - Re: Temporary Road Closing - Queen Street from Crysler Avenue to Ontario Avenue. The report recommends that the by-law, appearing on tonight's Council agenda authorizing the temporary road closing of Queen Street from Crysler Avenue to Ontario Avenue, be approved. ORDERED on the motion of Aideman Cummings, seconded by Aideman Pay, that the report be received and adopted. Carried Unanimously. See .By-law No. 87-168. F-87-41 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,678,259.94 for the period ending August 10, 1987 be approved by the passing of the by-law appearing later on the agenda. Aideman Hinsperger declared a conflict of interest on Cheque Nos. 25902, 25930, and 26046 because he is employed with the company~ Bell Canada. Additional information was provided on Cheque Nos. 25942, 26078, 25901, and 25908 at the request of Aldermen Cummings and Puttick. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. gee By-law No. 87-172. F-87-42 - Finance Committee Reports - Re: 1) Employee Appreciation Night, 2) Five Month Statement of Revenue and Expenditure. The report recommends the following: The Finance Committee recommends that Council endorse the following action taken at the July 27th, 1987 meeting: 1) That an Employee Appreciation Night with an expenditure up to $1,500.00 be authorized. 2) That the Five Month Statement of Revenue and Expenditure be reviewed, received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. C-87-16 - Chief Administrative Officer - Re: Fire Department Staffing. The report recommends that Council adopt Report No. P-87-21, Fire Department Staffing, as agreed at the Committee of the Whole Council meeting on July 27th, 1987. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. C-87-17 - Chief Administrative Officer - Re: Lot 15, Falls Business Park Extension. The report recommends that Council authorize the sale of Lot 15, Registered Plan M-67, to Maxum Development Corporation at the purchase price of $24,060.00 subject to the purchaser entering into an Agreement of Purchase and Sale respecting the sale of property in the Niagara Falls Business Parks. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 60 - PUTTICK - ORR - RESOLVED that the unit prices submitted by Alfred Beam Excavating Ltd., for Contract G.C. 22-87 - Underground Services For Rainbow Gardens Subdivision, be accepted at the low tendered price of $284,726.84; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the following by-law be now read a third time: No. 87-127 - A by-law to authorize the reconstruction of Erie Avenue from Park Street to Bridge Street. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 87-168 - A by-law to temporarily close part of Queen Street from Crysler Avenue to Ontario Avenue. No. 87-169 - A by-law to authorize the execution of an agreement with Donald Hugh Cockburn and 3udith Marilyn Cockburn. (Miller Road). No. 87-170 - A By-law to authorize the execution of an agreement with Alfred Beam Excavating Limited for sewermains, watermains and base road construction in the Rainbow Gardens Subdivision. - 12- - 13- No. 87-171 - A by-law to authorize the execution of an agreement with Peter Edmund Schnurr. (Willoughby Drive). No. 87-172 - A by-law to provide monies for general purposes. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the following by-laws be now read a second and third time: No. 87-168 - A by-law to temporarily close part of Queen Street from Crysler Avenue to Ontario Avenue. No. 87-169 -.A by-law to authorize the execution of an agreement with Donald Hugh Cockburn and Judith Marilyn Cockburn. (Miller Road). No. 87-170 - A by-law to authorize the execution of an agreement with Alfred Beam Excavating Limited for sewermains, watermains and base road construction in the Rainbow Gardens Subdivision. No. 87-171 - A by-law to authorize the execution of an agreement with Peter Edmund Schnurr. (Willoughby Drive). No. 87-172 - A by-law to provide monies for general purposes. Carried Unanimously. a letter to the Regional Council indicating opposition to the proposed increase. ORDERED on the motion of Alderman Puttick, seconded by Alderman Harrington, that the Regional Councillors be asked to submit comments respecting their views on the proposed increase for the Regional Chairman. The motion Carried with the following vote: AYE: Aldermen Campbell, Harrington, Hinsperger, Orr, Pay and Puttick. NAYE: Aldermen Cummings and Janvary. Abandoned Cars - 5401 River Road - Alderman Puttick informed Council that at 5401 River Road, adjacent to the Ontario Park, abandoned cars had been noticed for quite some time. He referred this matter to the Chief Administrative Officer for action. Cancellation of Tom Jones Concert - Alderman Hinsperger stated that various residents were concerned that they had not been reimbursed for their tickets purchased for the Tom Jones Concert which was cancelled. The Director of Parks and Recreation indicated that he would report back to Council on this matter. NEW BUSINESS ITEMS OF CONCERN: Erection of Sign - In response to a concern raised by Alderman Cummings respecting the erection of a sign regarding the expansion of Walker Brothers Quarry, the Director of Planning and Development stated that a rezoning application had been made and that the notices of the public meeting would be sent to the area residents notifying them of the proposal. Visit from Mrs. Inwood - Alderman Pay informed Council that on several CBC television news broadcasts, Mr. Inwood indicated that his wife and child from Russia were looking forward to coming to Canada, and in particular, to seeing Niagara Falls. Alderman Pay stated that this visit would be good for public relations, and suggested that either the Mayor's office or the Visitor and Convention Bureau could make a presentation to the family. Loto Outlets - , , Alderman Campbell expressed concern over Loto Outlets selling tickets to young children such as "Scratch and Win". He questioned whether there was an age limit on the sale of tickets. Weeds in Niagara Falls - Alderman Puttick referred to the weeds at the intersection of Stanley Avenue and Marineland Parkway and suggested that they be cut. Salary of Regional Chairman - Alderman Puttick also referred to the Council minutes of November 26, 1984 at which time the Regional Chairman's salary was being considered for $45,000.00. He stated that in order for a Chairman to receive $70,000.00, the person should have much expertise, training, and experience. He suggested that Council send It was moved by Alderman Cummings, seconded by Alderman Janvary, that the · meeting adjourn at 10:33 p.m. Carried UnanimouslZ. READ AND ADOPTED, HOPKINS TWENTY-NINTH MEETING REGULAR MEETING Council Chambers August 17, 1987 Council met on Monday, August 17, 1987, at 7:30 p.m. for the purpose of considering general business. All members of Council, with the exception of Aldermen Harrington, Janvary, Orr, and Puttick were present. ttis Worship Nayor Smeaton presided as Chairman. Alderman Coville offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pay, seconded by Alderman Ilinsperger, that the minutes of the meeting held August 10, 1987, be adopted as printed. Carried Unanimously. PRESENTATION His Worship Mayor Smeaton congratulated Mr. Joe Montgomery for the writing of his book "Fishing In Niagara". Mr. Montgomery spoke briefly about his book and presented a copy to His Worship Mayor Sineaton and the Director of Parks & Recreatiou. DEPUTATIONS REGIONAL COUNCILLOR PETER SOBOL Regional Councillor Peter Sobol complained of the lack of communication between staff and himself in respect to placing items on the Council agenda, and also a lack of connnunication between himself and members of City Council. The City Clerk advised that Mr. Sobol had requested that two items be placed on the agenda in July of 1987, both of which had been considered by City Council on earlier dates. For this reason the Clerk advised that the items were placed in the agenda envelopes, and stamped for information purposes. Mayor Smeaton and Alderman Cheesman suggested that the lines of commuuication are always open and that Councillor Sobol had an open invitation to attend Council meetings and discuss any subject of mutual interest. In reply to a question by Alderman Pay, the Clerk advised that he would let the Councillor know when items which he presented would be discussed by Council. SUSPENSION OF BINGO LICENCE NIAGARA FALLS KIWANIS CLUB - Report No. CD-87-63 - Chief Administrative Officer - Re: CD-87-63, Suspension of Bingo Licence, Niagara Falls Kiwanis Club. The report recommends that the information in the report be considered in conjunction with the presentation to be made by a representative of the Niagara Falls Kiwanis Club regarding the suspension of the Club's bingo licence for three months. Alderman Cummings declared a conflict of interest because he is a member of an organization which conducts bingos. On behalf of the Niagara Falls Kiwanis Club, Mr. Ken Lindsay apologized and asked for reinstatement of the licence. He also discussed various aspects of the organization including the use of the proceeds of their bingo for the hospital and the Kiwanis Music Festival. The Lottery Licensing Officer, and Lottery Licensing Inspector provided clarification of the report and explained the circumstances for suspending the licence. - 2- ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger that the report be received and filed. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. APPLICATION FOR LICENCE TO SELL BREAK OPEN (NEVADA) TICKETS BY RIVERSIDE TAVERN ASSOCIATION Report No. CD-87-64 - Chief Administrative Officer - Re: CD-87-64, Application to sell Break-Open (Nevada) Tickets Riverside Tavern Association. The report recommends that City Council decide if it wishes to grant an exemption under Sections 3, 4(b) and 17(b) of the terms and conditions under which a break-open (Nevada) ticket licence may be issued, and authorize the issuance of a licence to the Riverside Sports Association to sell tickets at the Riverside Tavern. Messrs. Charles Cartmeli and Lyndsay Parton were in attendance on behalf of the Riverside Sports Association. Mr. Cartmell explained that the Association is a non-profit organization and that the proceeds would be donated to Cerebral Palsy Fund and various minor sports activities including Junior "C" Minor Hockey Team. The Lottery Licensing Officer, and Lottery Licensing Inspector provided further information regarding current licensing of Break-Open Tickets and the effects that granting the exemption would pose. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cheesman, that the application be denied. The motion Carried with the following vote: AYE: Alderman Cheesman, Coville, Cummings, Hinsperger, and Hopkins. NAYE: Alderman Baker, Campbell and Pay. JUNIOR "C" HOCKEY CLUB Mr. Charles Kohnle of Junior "C" Hockey Club addressed Council respecting a change of ice time for the Junior "C" League Program at Niagara South Arena. ORDERED by Alderman Hinsperger, seconded by Alderman Cummings, that the Club work with Staff to arrange a schedule for Sunday nights at the Niagara South Recreation Complex at 7 or 8 o'clock if possible, and that a decision on this matter reached by Wednesday noon August 19, 1987. Carried Unanimously. UNFINISHED BUSINESS JURISDICTION OF NIAGARA PARKS COMMISSION Report No. CD-87-15 - Chief Administrative Officer - Re: First Discussion Draft - The Niagara Parkway; A Controlled Access Highway. The report recommends that the concerns expressed in this report, the attachments thereto and any other concerns or questions raised by members of Council as a result of their review of the draft, be endorsed and forwarded to the Niagara Parks Commission. - AND - Communication No. 263 - Lampard, Ellis & Walsh - Re: Niagara Parks Commission Discussion Draft - The Niagara Parkway a Controlled Access Highway. The communication expresses objection to the proposed controls over private property by the Niagara Parks Commission. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that Cit ' the communication be received and filed, and form part of the ~ s submission to the Niagara Parks Commission. Carried Unanimously· JIMMY SWAGGART MINISTRIES OF CANADA Report No. S-87-15 - Chief Adminstrative Officer - Re: Jimmy Swaggart Ministries of Canada - Southwest Corner of Mountain Road and Mewburn Road. The report recommends that Council pass the following by-laws and resolution. - 3 - l) To amend By-law No. 79-200. (AM-22/86, Jimmy Swaggart Ministries Inc. - Southwest side of Mountain Road and blewburn Road. Report PD-101-86 approved by Council September 8th, 1986.) 2) 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. (Jimmy Swaggart blinistries Inc.) 3) To determine in accordance with the provisions of the Planning Act, 1983, that the changes to the proposed By-law Amendment (AM-22/86, J. Swaggart Ministries) for the Niagara Falls Planning Area, are minor in nature and do not require giving any further notice. 4) To authorize an agreement with Jimmy Swaggart Ministries of Canada and others respecting the sharing of costs for the installation of services in the Mountain/Mewburn Roads area. - AND - Report No. S-87-13 - Chief Administrative Officer - Re: Jimmy Swaggart blinistries of Canada - Southwest Corner of Mountain Road and blewburn Roads. The report recommends the following: 1) That this report be received and filed for the information of Council. 2) That if Council decides to pass the zoning by-law amendment appearing later on this evening's agenda respecting this matter, it first pass the resolution also appearing later on this evening's agenda pursuant to section 34(16) of : the Planning Act, 1983. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the reports be received and filed. Carried Unanimously. See Resolution No. 61 See By-law Nos. 87-153, 87-154 & 87-173. PROPOSED SMOKING BY-LAW Report No. CD-87-53 - Chief Administrative Officer - Re: Proposed Smoking By-law. The report recommends that the proposed No Smoking By-law be given second and third readings. - AND - Report No. S-87-14 - Chief Administrative Officer - Re: No. 87-143. The report recommends the following: Proposed Smoking By-law 1) That members of Council consider and decide, by vote, whether the changes suggested by Alderman Cheesman to proposed By-law No. 87-143 contained in the resolution appearing on tonight's agenda should be made. 2) That Council consider and vote on any additional changes to the proposed by-law which may be suggested by members. 3) That if no changes in addition to those in the resolution are approved by Council, the resolution be adopted and proposed By-law No. 87-143, as amended in accordance with the resolution, be read a second and third time and passed. Various members of Council expressed concerns with certain sections of the by-law. Some were concerned as to enforcement and in particular whether it would require additional staff. Others were concerned about costs and whether or not certain groups such as barbers, hairdressers, etc. had been contacted. Alderman Cheesman advised that a well advertised public meeting bad been held and that a report had been presented to Council on July 13, outlining the provisions of the by-law. He recommended that the by-law be given second and third reading at this time. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that Report 8-87-14 be adopted and that by-law no. 87-143 be given a secoud and third reading. The motion Carried with the following vote: -4 - AYE: Alderman Baker, Cheesman, Coville, Cummings, and Hopkins. NAYE: Alderman Campbell, Hinsperger, and Pay. Staff was directed to determine in conjunction with the Finance Cormmittee what the approximate costs would be for the preparation and distribution of signs before the provisions of the by-law are implemented. See Resolution No. 61. See By-law No. 87-143. COMMUNICATIONS No. 264 - Greek-Canadian Community Association of Niagara - Re: Annual Greek Festival - October 16 - 18, Greek Cultural Centre - Requesting Special Occasion Permit. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that Council indicate it has no objection to the issuance of a special occasion permit to the Greek-Canadian Community Association of Niagara to be held on October 16, 17, and 18, 1987, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Health Services Department, and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 265 - The Royal Canadian Legion - Re: Proclamation. The communication asks Council to proclaim September 12th to 21st, 1987 as "Legion Week". ORDERED on the motion of Alderman Coville, seconded by Alderman Hinsperger, that the request be approved subject to established policy. Carried Unanimously. No. 266 - The Arthritis Society - Re: Proclamation. The communication asks Council to proclaim the month of September as "Arthritis Month", and fly their flag at City Hall during this month. ORDERED on the motion of Alderman Coville, seconded by Alderman Hinsperger, that the request be approved subject to established policy. Carried Unanimously. No. 267 - Regional Niagara Planning and Development Department - Re: Charges for Subdivision Applications. ORDERED on the motion of Alderman Coville, seconded by Alderman Hinsperger, that the matter be referred to Staff. Carried Unanimously. No. 267A - Regional Niagara Planning and Development Department - Re: The detrimental effects of non-farm development on drainage in agricultural areas. ORDERED on the motion of Alderman Coville, seconded by Alderman Hinsperger, that the matter be referred to Staff. Carried Unanimously. No. 268 - Ministry of Housing - Re: The Residential Rental Standards Board - explanation of functions and responsibilities, etc. ORDERED on the motion of Alderman Coville, seconded by Alderman Hinsperger, that the matter be referred to Staff. Carried Unanimously. No. 269 - City of Windsor - Re: Requesting the support of a resolution in respect to the proposed changes to existing tax legislation contained in the Tax Reform White paper. ORDERED on the motion of Alderman Pay, seconded by Alderman Baker, that the Resolution be endorsed. Carried Unanimously. No. 270 - CARSA Inc. - Re: Advising of proposed "March" to take place on Friday, September 18, 1987. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the request be approved provided that the marchers will not be using any portion of the travelled part of the roadway. Carried Unanimously. No. 271 - Social Planning Council of Niagara Falls - Re: 'Regional Municipality of Niagara Social Services Committee - "Agenda for Action". Alderman Cummings referred to the above communication respecting a review and assessment of social needs and priorities in Niagara. Ne mentioned that the Regional Social Services Committee had submitted a report to the Social Planning Council on August 4, 1987. He was concerned that the Council had not received a copy. - 5 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, tbat the comments of the Social Planning Council be endorsed and forwarded to the Region, and that an extension of one month be requested for submission of comments in order to give the Social Planning Council sufficient time to request additional information for more detailed study. Carried Unanimously. REPORTS CD-87-61 - Chief Administrative Officer - Re: Proposed Plan of Subdivision, Charnwood Extension, Owner: River Realty Development (1976) Inc. The report recommends that the Charnwood Extension Subdivision, comprised of Blocks B & C, Registered Plan M-53, be given preliminary approval subject to the conditions enumerated in this report. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the report be adopted. Alderman Baker was concerned as to whether or not the proposed development would affect flooding problems in the Harmony Avenue area. ORDERED on the motion of Alderman Baker, seconded by Alderman Hinsperger, that the matter be tabled for two weeks and referred to the Municipal Works Committee to determine if the development would affect flooding problems in the area and whether or not a freeze would be required until after the study is submitted respecting flooding problems. The motion Carried with the following vote: AYE: Alderman Baker, Campbell, Hinsperger, Hopkins, and Mayor Smeaton. NAYE: Alderman Cheesman, Coville, Cummings, and Pay. CD-87-62 - Chief Administrative Officer - Re: Proposed Revision to Draft Approval Plan of Subdivision, "Drummond Park Village Extension 1 (revised)". The report recommends that the Drummond Park Village Extension 1 (revised) plan of subdivision be approved, subject to the Conditions enumerated in this report which include an up-date of the Conditions imposed by the Region on tile original plan in 1982, and additional Conditions deemed necessary by City staff. Alderman Coville declared a conflict of interest because the Real Estate firm with which she is associated has an interest in the property. ORDERED on the motion of Alderman Pay, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with Alderman Coville abstaining from the vote on a conflict of interest previously recorded, and with all others voting in favour. PD-87-113 - Chief Administrative Officer - Re: Parkland Dediction for Forest Glen Estates Subdivision and Negotiations for Parklasds for that area North of Thorold Stone Road. The report recommends the following: l) That Council instruct staff to accept lands in lieu of cash for park purposes for the subdivision known as Forest Glen Estates, said parklands being provided for outside the subdivision plan but within the neighbourhood area of the subdivision at a location satisfactory to staff. 2) That the region be notified to amend the condition pertaining to draft plan approval from the present cash provision to land for park purposes. 3) That staff be directed to start negotiations respecting lands required for park purposes for the area north of Thorold Stone Road, in order that municipal parks may be better established and developed during the earlier stages of residential development. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. . 6 -6- B-87-54 - Chief Administrative Officer - Re: Masonry Wall behind the Flag Poles in Centennial Square - City Hall. The report recommends that staff be authorized to obtain quotations for replacing the above wall with "Hacienda II" bricks as a substitute for the existing masonry units which are no longer being manufactured. ORDERED on the motion of Alderman Coville, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. B-87-57 - Chief Administrative Officer - Re: Site Plan Approval, Proposed 50 Unit Apartment Building Ethel Street (Charnwood Subdivision, south of Westlane School). The report recommends that Council approve the site plan on display at tonight's meeting, being an apartment building, and the site plan being drawing number A1 dated as revised July 20th, 1987, and filed with the Buildings and Inspections Department of the City of Niagara Falls on July 24th, 1987, and that such approval be subject to the conditions outlined in the report. 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: Ai~.~ an Baker, Cheesman, Coville, Cummings, Hinsperger, Hopkins, and Pay. NAYE| Alderman Campbell. B-87-58 - Chief Administrative Officer - Re: Site Plan Approval, Proposed 50 Bed Senior Citizens' Residence (formerly Greycliff Inn), 8158 Lundy's Lane. The report recommends that Council approve the site plan on display at tonight's meeting, being a proposed senior citizens' residence, and the site plan dated June 13th, 1983, as revised and filed with the Buildings and Inspections Department of the City of Niagara Falls on July lOth, 1987, 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. B-87-60 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for July 1987. The report is intended primarily to provide City Council with current news relative to permit statistics, development proposals, and any other noteworthy data that has emerged during the period covered by the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and filed. Carried Unanimously. B-87-61 - Chief Administrative Officer - Re: Operating Agreement - Ontario Home Renewal Program for Disabled Persons. The report recommends that Council pass the by-law on tonight~s agenda to authorize the operating agreement with the Ministry of Housing. The agreement will provide disabled persons to make application to the City under the Ontario Home Renewal program and the Low Rise Rehabilitation Program. t ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. B-87-62 - Chief Administrative Officer - Re: Site Plan Approval, Proposed Neighbourhood Mall, N.W. Corner St. Paul Avenue & Riall Street. The report recommends that Council approve the site plan(s) on display at touight's meeting, being a proposed neighbourhood commercial development, and the site plan being drawing number S.P. 1, and the site services plan being .drawing number S.S.O1 and filed with the Buildings and Inspections Department of the City of Niagara Falls on August 5, 1987, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Pay, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. B-87-63 - Chief Administrative Officer - Re: Site Plan Approval, Proposed Jimmy Swaggart Ministries of Canada, Mountain Road and Mewburn Road (S/W Corner) (AM-22/86). The report recommends that Council approve the site plan(s) on display at tonightte meeting, being a proposed ministry building, and the site plan being drawing number Ai.1, the landscape plan being drawing LI.I, the site grading plan being drawing number C2.1 and the site mechanical plan being drawing number M1 and all dated March 12th, 1987 and all filed with the Buildings and Inspections Department of the City of Niagara Falls on March 17th, 1987, and that such approval be subject to the conditions in the report· . 7 - 7 - ORDERED on the motion of Alderman Hopkins, seconded by Alderman Coville, that tile report be received and adopted. Carried Unanimously. MW-87-149 - Municipal Works Committee - Re: Radio System for Water Works Section of Municipal Works Department. The report recommends that the supply of radio equipment for the Water Works Section be awarded to Central Communications at a cost of $14,909. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. MW-87-151 - Municipal Works Committee - Re: Sanitary Sewer System on Oakwood Drive. The report recommends the following: l) Council give consideration to providing funds in the 1988 Capital Budget to finance the installation of a sanitary sewer system to serve homes which presently abut the unserviced section of Oakwood Drive (south of McLeod Road); 2) The Oakwood Drive residents be assessed the normal local improvement frontage cost for the sanitary sewer with the cost of the pumping station and forcemain being assessed against the Urban Service Area. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. MW-87-52 - Chief Administrative Officer - Re: Contract G.C. 24-87 - Underground Services for Harovics Subdivision. The report recommends that the unit price submitted by the low tenderer, W. Duffin Contracting Ltd., be accepted and this contract be awarded. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. MW-87-153 - Municipal Works Committee - Re: Beechwood Road Resurfacing. The report recommends that $5,000 be approved from this year's Road Maintenance Budget for the City's Share of the road maintenance project on Beechwood Road between McLeod and Brown Roads. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. MW-87-117 - Chief Administrative Officer - Re: Engineering Assignment - Charnwood Subdivision Salisbury Place and Ethel Street Extensions and Charnwood Subdivision - Blocks B and C. The report recommends the following: 1) The by-laws which appear on tonight's agenda authorizing the Mayor and the Clerk to sign Agreements with River Realty Development (1987) lnc. for the purpose of providing funds prior to entering into a Subdivision Agreement with this company to finance the engaging of a Engineering Consultant for the design of municipal services, construction layout, construction inspection and contract administration for Charnwood Subdivision - Salisbury Place and Ethel Street Extension, and for Charnwood Subdivision - Blocks B and C, be approved; 2) The by-laws which appear on tonight's agenda authorizing the Mayor and the Clerk to sign Engineering Agreements with DeLCan, De Leuw Cather, Canada Ltd. for the design of municipal services, construction layout, construction inspection and contract administration for Charnwood Subdivision - Salisbury Place and Ethel Street Extensions, and for Charnwood Subdivision Blocks B and C, be approved subject to the receipt of funds acquired from the Developer through the recommended Agreement with River Realty Development (1976) Inc. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried with the following vote: AYE: Alderman Baker, Campbell, Cheesman, Coville, Cummings, Hinsperger, Hopkins, and Pay. NAYB| Alderman Campbell. 8 F-87-43 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $4,977,203.74 for the period ending August 17, 1987 be approved by the passing of the by-law appearing later on the agenda. Alderman Hinsperger declared a conflict of interest on Cheque No. 26208 because he is an employee of Bell Canada. Alderman Cummings raised questions regarding Cheque Nos. 26248j 26254, 26338, and additional information was provided. Alderman Hopkins declared a conflict of interest on Cheque No. 26199 because the cheque was made payable to himself. Alderman Campbell declared a conflict of interest on Cheque No. 26237 because he is employed at the ¥.M.C.A.: and Cheque No. 26197 because the cheque was mad~ payable to himself. ORDERED on the motion of Alderman Coville, seconded b) Alderman Pay, that the report be received and adopted. The motion Carried with Alderman Hinsperger, Hopkins, and Campbell abstaining from the vote on Cheque Nos. 26208, 26199, · 26237, and 26197 consecutively, on conflicts of interest previously recorded; and with all others voting in favour. S-87-12 - Chief Administrative Officer - Re: Proposed Closing and Sale of Walkway 81(3) from Cattell Drive to Tramore Crescent. The report recommends the following: l) That Council hear, at tonight's meeting, any person who claims that his or her land will be prejudicially affected by the proposed by-law to close the above walkway and who applies to be heard. 2) That if there are no such claims, the Council pass the by-law listed on tonight's agenda to stop up and close and to authorize the sale and conveyance of the walkway. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. C-87-18 - Chief Administrative Officer - Re: Policy on Sale of Surplus Municipal Lands. The report recommends that the existing policy relative to the sale of surplus municipal lands be amended to provide that: where an Appraisal or an Opinion of Value has been obtained on land proposed to be disposed of, the estimated value be included in the advertising process inviting quotations for the purchase of the land. ORDERED on the motion of Alderman Pay, seconded by AldermAn Hinspsrger, that the report be received and adopted. Carried Unanimously. B-87-59 - Chief Administrative Officer - Re: Rental Housing Protection Act, Bill 11. The report recommends the following: 1) That Council pass the by-law on tonight's agenda establishing a fee of $350.00 for the processing of all applications made under The Rental Housing Protection Act. This fee is the same as required for rezoning applications. 2) That for applications under the Act, the applicant be required to have an architect or a professional engineer make a physical inspection of the rental residential property and to make a report detailing the condition and structural safety of the property and the said report be submittsd to Council. ORDERED on the motion of Alderman Coville, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously.' The Clerk informed Council that the By-law rsferred in 1) above would be on the August 31, 1987 agenda. - 9- RESOLUTIONS No. 60 - COVILLE - BAKER - RESOLVED that this Council does determine, in accordance with the provisions of the Planning Act, 1983, that the changes to the proposed By-law Amendment (AM-22/86, J. Swaggart Ministries of Canada - Pt. Twp. Lots 27, 34, 46, S/W corner of Mountain Road and Mewburn Road) for the Niagara Falls Planning Area, are minor in nature and do not require giving any further notice; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 61 - CHEESMAN - CUMMINGS - RESOLVED that proposed By-law No. 87-143, being a by-law respecting smoking, which was given a first reading at the meeting of Council held on July 13th, 1987 be amended as follows: (1) by strikl~g ou~ "242 i. th~ third line of the first recital and inserting i~: lieu the:ec~: :~ (2) by adding to section 1 the following clause: (q) "valid medical authorization" means permission as provided by a hospital administration in consultation with the health- care providers. (3) by striking out "written permission from his or her personal physician" in the first and second lines of subsection 4 of section 3 and inserting~ in lieu thereof "valid medical authorization", (4) by striking out all of section 14 and the heading "Prohibition" to that section, (5) by renumbering sections 15, 16 and 17 as 14, 15 and 16, respectively and that the said proposed by-law, as so amended, now be given second and third readings and be passed. The motion Carried with Alderman Campbell, and Pay voting contrary, and all others voting in favour. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the following by-law be now read a second and third time: No. 87-143 - A by-law respecting smoking, as amended. The motion Carried with Alderman Campbell and Pay voting contrary; and with all others voting in favour. 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. 87-173 - A by-law to authorize an agreement with J. Swaggart Ministries of Canada and others respecting the establishing of costs for the installation of services in the Mountain/Mewburn Road area. No. 87-153 - A by-law to amend By-law No. 79-200, as amended. (AM-22/86, J. Swaggart Ministries of Canada). Report PD-101-86 approved by Council September 8, 1986. No. 87-154 - 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 usder subsection 4 or subsection 5 of section 40 of the Planning Act, 1983. (AM-22/86, J. 8waggart Ministries). No. 87-174 - A by-law to amend By-law No. 79-200, as amended. (AM-45/86, proposed Hillsdale Estates Subdivision). Report PD-87-15 approved by Council February 9, 1987). .... 10 - 10- No. 87-175 - A by-law to authorize the sale of land in the Falls Industrial Park Extension Subdivision (Maxxum Development Corporation - Report to Council August 10, 1987). No. 87-176 - A by-law to authorize an agreement with the Ministry of Housing respecting the Ontario Home Renewal Program for Disabled Persons. No. 87-177 - A by-law to authorize an amending agreement with the Ministry of Housing respecting the low rise rehabilitation program. No. 87-178 - A by-law to authorize the execution of an agreement with David Tanfara and Brenda Ann Tanfara respecting parking facilites. (Report to Council July 27, 1987). No. 87-179 - A by-law to authorize the execution of an agreement with W. Duffin 'Contracting Ltd. for sewermains, watermains and base road construction in the Harovics Subdivision. No. 87-180 - A by-law to authorize an agreement with The Young Men's Christian Association of Greater Niagara. (Report to Council R-87-18, June 1, 1987). No. 87-181 - A by-law to authorize agreements with River Realty Development (1976) Inc. and De Leuw Cather, Canada Ltd. respecting the Charnwood Subdivision (Registered Plan M-53). No. 87-182 - A by-law to stop up and close and to authorize the sale and conveyance of the public walkway between Cattell Drive and Tramore Crescent. No. 87-183 - A by-law to provide monies for general purposes. No. 87-184 - A by-law to authorize an agreement with Peter Edmund Schnurr. The motion Carried with Alderman Campbell abstaining from the vote on By-law No. 87-180 on a conflict of interest, because he is employed by the Y.M.C.A., 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. 87-173 - A by-law to authorize an agreement with J. Swaggart Ministries of Canada and others respecting the establishing of costs for the installation of services in the Mountain/Mewburn Road area. No. 87-153 - A by-law to amend By-law No. 79-200, as amended. (~M-22/86, J. Swaggart Ministries of Canada). Report PD-101-86 approved by Council September 8, 1986. No. 87-154 - 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-22/86, J. Swaggart Ministries). No. 87-174 - A by-law to amend By-law No. 79-200, as amended. (AM-45/86, proposed Hillsdale Estates Subdivision). Report PD-87-15 approved by Council February 9, 1987). No. 87-175 - A by-law to authorize the sale of land in the Falls Industrial Park Extension Subdivision (Maxxum Development Corporation - Report to Council August 10, 1987). No. 87-176 - A by-law to authorize an agreement with the Ministry of Housing respecting the Ontario Home Renewal program for Disabled Persons. No. 87-177 - A by-law to authorize an amending agreement with the Ministry of Housing respecting the low rise rehabilitation program. - 11- No. 87-178 - A by-law to authorize the execution of an agreement with David Tanfara and Brenda Ann Tanfara respecting parking £acilities. (Report to Council July 27, 1987). No. 87-179 - A by-law to authorize the execution of an agreement with W. Duffin Contracting Ltd. for sewermains, watermains and base road constructios in the Harovics Subdivision. No. 87-180 - A by-law to authorize an agreement with The Young Men~s Christian Association of Greater Niagara. (Report to Council R-87-18, June 1, 1987). No. 87-181 - A by-law to authorize agreements with River Realty Development (1987) Inc. and De Leuw Cather, Canada Ltd. respecting the Charnwood Subdivision (Registered Plan M-53). No. 87-182 - A by-law to stop up and close and to authorize the sale and of the public walkway between Cattell Drive and Tralnore Crescent. 4qo. 8~7-~183 - A 'b.y-law to provide monies for general purposes. No. 8'~4 -~A b~law to authorize an agreement with Peter Edmuud Schnurr. The motion Carried with Alderman Campbell abstaining from the vote on By-law No. 87-180 on a conflict of interest as previously recorded; and with all others voting in favour. NEW BUSINESS ITEMS OF CONCERN: Overnight Parking - Alderman Cummings expressed concern with large trucks parking on city streets. One location is Stanley Avenue east side near the Municipal Service Centre and a second one on the Shell Station property at the northeast corner of Stanley Avenue and Valleyway. Staff indicated that we have no jurisdication on private property, however, probably the police could be asked to spot check those on public property. Grape & Wine Festival - Alderman Campbell advised that he had representated Mayor Smeaton at the Grape and Wine Festival Champagne Breakfast and felt that Niagara Falls should be doing more to promote the event in Niagara Falls and suggested that the matter be referred to the Visitor and Convention Bureau. ORDERED on tbe motion of Alderman Cheesman, seconded by Alderman Cummings, that the rules of procedure be suspended and that the meeting proceed past 11:00 p.m. Carried Unanimously. 'Maple Leaf Village - The. Mayor requested members of Council to adjourn to Committee of the Whole to dis~u~s/t~'~'us of Maple Leaf Village taxes. Alderman Pay suggested that the matter could be dealt with in open Council, however, after a short discussion it was moved by Alderman Campbell, secosded by Alderman Cheesman tbat Council adjourn to Committee of the Whole. Alderman Hopkins declared a conflict of interest because his wife is employed by Maple Leaf Village. The motion Carried ~ith Alderman Hopkins abstaining from the vote on a conflict of interest as previously recorded, and with the following vote: AYE: Alderman Baker, Campbell, Cheesman, Coville, Cummings, and Hinsperger, NAYE: Alderman Pay. READ AND ADOPTED, - 12- COMMITTEE OF THE WHOLE Committee Room #1 August 17, 1987 Council met on Monday, August 17th, 1987 at 11:15 p.m. in Committee of the Whole, following a regular meeting. All members of Council were present with the exception of Alderman Harrington, Hopkins, Janvary, Orr, and Puttick. Alderman Hinsperger presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, COUNCIL MEETING Council Chambers August 17, 1987 Council reconvened in formal session on Monday, August 17th, 1987 following a meeting in Committee of the Whole. All members of Council were present with the exception of Aldermen Harrington, Hopkins, Janvary, Orr, and Puttick. His Worship Mayor Smeaton presided as Chairman. The Chief Administrative Officer outlined the contents of a letter dated August 17, 1987 received from York-Hannover Ltd. respecting the tax situation on the Maple Leaf Village property. He advised that they had readjusted the payment schedule which was agreed to earlier. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the Chief Administrative Officer write a letter to York-Hannover indicating that Council rejects the revised schedule as it is not in accordance with the previous agreement. Carried .Unanimously. The meeting adjourned. READ AND ADOPTED, WILLIAM THIRTIETH MEETING REGULAR ~ETING Conncil Chambers August 31, 1987 Council met on Monday, August 31st, 1987 at 7:33 p.m. for the purpose of considering regular business. All members of Council, with the exception of Alderman Cheesman, were present. His Worship Mayor Smeaton presided as Chairman, and offered the Opening Prayer. ADOPTION OF MINUTES Alderman Pay requested that the minutes of tile meeting held August 17tb, 1987 be amended to indicate that under New Business, Items of Concern, Maple Leaf Village, he had voted contrary to the motion to adjourn to Committee of the Whole. ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the amended minutes of the meeting held August 17th, 1987, be adopted. Carried Unanimously. PRESENTATIONS ~. JOE MONTC, OMERY - His Worship Mayor Smeaton referred to the book entitled, "Fishing in Niagara", written by Mr. Joe Montgomery who was not in attendance at the meeting. ACltlEVENENT AWARDS - NIAGARA FALLS LA~N BOWLING/COLTS DIVISION CILa, I4PIONS - His Worship Mayor Smeaton offered congratulations to Skip Darryl Hudson and team members Joe Hennessy and Doug Dellapasqua, who are members of the Niagara Falls Lawn Bowling Team, Colts Division, and were winners in the District competition and Zone competition in Kitchener, as well as the All Ontario Provincial Championship at the Glenridge Lawn Bowling Club in St. Cati~arines on July 25th, 1987. Mayor Smeaton presented Achievement Awards on behalf of the City of Niagara Falls, in recognition of their accomplishment. DEPUTATIONS LUNDY'S LANE HISTORICAL MUSEUM- Mr. Charles Oft, Chairman of the Board of the Lundy's Lane Historical Museum; Mr. Peter McKenna, Secretary, and Mr. Robert Galbraith, Chairman of the Operating Committee; Mr. John Burtniak, Chairman of the Feasibility Study for the Lundy's Lane Historical Museum; as well as Mr. Sherman Zavitz, and Mr. Meril Willtck, members of the Board; and Mr. Newton Misener were in attendance. Mr. Ort introduced the Board members, and discussed the new standards and minimum requirements for Museums, set out by the Ministry of Citizenship and Culture. Mr. Burtniak discussed the Feasibility Study, the terms of reference, redesigning the Museum, and cost of the project, as well as the Summary of the Findings. During the discussion, it was noted that ti~e Study was being presented because Council had previously authorized expenditure for the Study. Mr. Ort stated that the Board would be prepared to meet with Council or the Finance Committee at any time for further discussion. RKH~RATION FOR RKGION~ COUNCILLORS-AND-FRKKTRADE/WINE INDUSTRY - Cosstunicstion No, 272A - Regional Councillor Peter Sobol -Re: Free Trade Agreement, The communication expresses concern regarding the possibility of the 2 Free Trade Agreement adversely affecting the wine industry in Niagara, and recommends that Council ask the Niagara Falls Economic Development Agency to study the document, subsequent to its release on October 5th, 1987. - AND - Communication No. 272B - Regional Councillor Peter Sobol - Re: Remuneration of elected salaries at the Regional level of Government and Free Trade proposal. The communication requests permission to discuss the subject matters. Mr. Sobol reviewed the above recorded communications and discussed his concerns regarding the proposed Free Trade Agreement, as well as salaries for the Chairman and members of the Regional Council. ORDERED on the motion of Alderman Pay, seconded by Alderman Hopkins, that a letter be forwarded to the Federal Government, through the office of the local Member of Parliament, Mr. Rob Nicholson, expressing the grave concerns of the City, especially in regard to the wine and agricultural industries, if no tariffs are provided in the Free Trade agreements between Canada and the U.S.A., and that City Officials meet with representatives of these industries to discuss their concerns. It was further recommended that the Economic Development Agency be asked to study the report on Free Trade, when it becomes available. The motion Carried with the following vote: AYE: NAYE: Aldermen Baker, Campbell, Coville, Cummings, Herrington, Hinsperger, Hopkins, Janvary, Pay, and Puttick. Alderman Orr. SIGN BY-LAW-NR. PARAS RANLAGGAN- CoP-unication No. 273 - Vasant P~mlaggan - Re: Sign By-law. The communication requests permission to submit a presentation to Council regarding objections to the sign by-law. Mr. Vasant Ramlaggan addressed Council on behalf of his father, Mr. Pares Ramlaggan, Aurora Motel, 4630 Dunn Street. He reviewed the above named communication, and requested that the sign by-law be amended to assist small businesses to advertise outside their premises. During the discussion, the Director of Buildings & Inspections explained the rationale for the passing of the by-law. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Pay, that no change be made in the by-law at this time, and further, that Staff be directed to review the status of the entire area of licensing of motels, liquor licence establishments and signing. Carried Unanimously. UNFINISHED BUSINESS CD-87-61 - PROPOSED PLAN OF SUBDIVISION, CHARNWOOD EXTENSION - Report No. CD-87-61 - Chief Administrative Officer - Re: Proposed Plan of Subdivision, Charnwood Extension. (TABLED AUGUST 17, 1987). The report recommends that the Charnwood Extension Subdivision, comprised of Blocks B & C, Registered Plan M-53, be given preliminary approval subject to the conditions enumerated in this report. Mr. Stewart Branscombe, Developer, expressed agree- ment that downspouts would not be connected to sanitary sewers, and would be discharged "well away from basement walls"; as well as the installation of backwater valves. It was agreed that these conditions would be included in the Subdivision Agreement. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Pay, that the report be received and adopted, and further that the conditions outlined previously be included in the Subdivider's Agreement.. The motion. Carried with the following vote: AYE: Aldermen Baker, Campbell, Coville, Cummings, Hinsperger, Hopkins, Janvary, Orr, Pay, and Puttick. NAYEz Alderman Harr~ngton. -3- COMMUNICATIONS No. 274 - Corporation of the Tok'nship of Tilbury West - Re: Resolution- The communication asks Council to endorse a resolution requesting that the Prime Minister of Canada and the Premier of Ontario give Government representatives more free voting opportunities. ORDERED on the motion of Alderman Pay, seconded by Alderman Hopkins, that the communication be received and filed. The motion Carried with the following vote: AYE: Aldermen Campbell, Cummings, Harrtngton, Hinsperger, Hopkins, Orr, Pay, and Puttick. NAYE: Aldermen Baker, Coville, and Janvary. No. 275 - United Way of Niagara Falls - Re: Wlntario Draw, September 24th, 1987. The communication asks permission to fly a banner on Stanley Avenue from September 1st to 24th, 1987, promoting the Wintario Draw at the Skylon Tower. ORDERED on the motion of Alderman Janvary, seconded by Alderman Pay, that the request be approved subject to the approval of the Regional Municipality of Niagara and the Niagara Falls Hydro. Carried Unanimously. No. 276 - Terry Fox Cosratttee - Re: Proclamation - Seventh Annual Terry Fox Run. The communication asks Council to proclaim September 13th, 1987 as "Terry Fox Day". ORDERED on the motion of Alderman Pay, seconded by Alderman Coville, that the request be approved subject to established policy- Carried Unanimously. No. 277 - Greater Niagara Big Brothers Association Inc, - Re: Proclamation. The communication asks Council to proclaim the month of September 1987 as "Big Brother Month" in Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that the request be approved subject to established policy. Carried Unanimously- No. 278 - Town of Fort Erie - Re: Niagara Parks Commission- The communication advises that the comments from the City of Niagara Falls regarding the discussion draft by the Niagara Parks Commission, are being studied. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. No, 279 - Regional Niagara Planning & Development Department - Re: Housing Sites Inventory. The communication attaches a copy of Memo 1322, the Housing Sites Inventory for the Niagara Region as of December 31, 1986, detailing the number of available sites for various types of residential development in subdivisions in the Niagara Region. In response to questions raised by Alderman Pay, the Chief Administrative Officer advised that statistical data from previous years would be obtained for comparison purposes. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the communication be received and filed. Carried Unanimously. No. 280 - Lundyes Lane Historical Museum- Re: Grant. The communication expresses appreciation for the grant of $3,500.00 which enabled the museum to participate in a Regional Computer Network. ORDERED on the motion of Alderman Cummings, seconded by Alderman ltarrington, that the communication be received and filed. Carried Unanimously. No. 281 - Director of Parks and Recreation, Man-A-Nile Cosmittee - Re: Annual Man-A-Mile Relay Race. The communication requests permission to use various roads for the Annual race scheduled for October 12th, 1987. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that tile request be granted subject to approvals being received from other authorities. Carried Unanimously. -4- No. 282 (BANDOUT) - ~aryVitale - Re: Proclamation. The communication asks Council to proclaim September 7th, 1987, as The Jerry Lewis Labour Day Telethon. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the request be approved subject to established policy. Carried Unanimously. No. 283 (HANDOUT) - The Spiritual Assembly of The Baha'is of Niagara Falls - Re: 75th Anniversary. The communication requests the participation of Mayor Smeaton in the 75th Anniversary celebrations of the visit of Abdu'l-Baha to Niagara Falls, on September 5th and 6th, 1987. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the request be approved. Carried Unanimously. REPORTS R-87-33 - Chief Administrative Officer - Re: Pro-Star Niagara Hockey School. The report recommends that Staff be authorized to prepare an agreement with Pro-Star Niagara Hockey School to use Niagara Falls and Stamford Memorial Arenas for the two weeks preceding Labour Day during 1988, 1989 and 1990. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Coville, Cummings, Herrington, Hinsperger, Hopkins, Janvary, Pay, and Puttick- NAYE: Alderman Orr. B-87-64 - Chief Administrative Officer - Re: Site Plan Approval, Proposed Medical Clinic, East Side Main Street between North Street and Summer Street. The report recommends that the Council approve the site plans on display at tonight's meeting, being a proposed medical clinic, and the site plan being drawing Number A1.2, and the layout and grading plan being drawing Number A1.3 and filed with the Buildings and Inspections Department of the City of Niagara Falls on August 29, 1987, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Pay, secondsd by Alderman Campbell, that the report be received and adopted, and a copy forwarded to the Greater Niagara General Hospital Board. Carried Unanimously. B-87-6S - Chief Administrative Officer - Re: Site Plan Approval, Proposed Food Store, East Side Portage Road between Keller Street and Macklem Street. The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed food store, and the site plan being drawing Number 1 of 1, and filed with the Buildings and InspectSons Department of the City of Niagara Falls on August 5th, 1987, and that such approval be subject to the conditions contained in the report. ORDERED on the motion of Alderman Pay, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. B-87-66 - Chief Administrative Officer - Re: Site Plan Approval, Proposed 7 Storey/84 Unit Hotel, Executive Hotel, 5706 Ferry Street, AM-36/86. The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed hotels and the site plan being drawing Number 1 and filed with the Buildings and Inspections Department of the City of Niagara Falls on August 20, 1987, and that such approval be subject to the conditions included in the report. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report he received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Coville, Cummings, Herrington, Hinsperger, Orr, Pay, and Puttick. NAYB~ Aldermen Hopkins and Janvary. -5- B-87-67 - Chief AdB{ntstrative Officer - Re: Site Plan Approval, Proposed 3 Storey/66 Unit Apartment Building, Kalar Road (east side, south of Westwood Street). The report recommends that the Council approve the site plans on display at tonight's meeting, being a proposed apartment building, and the site plan being drawing Number A1 dated May 1st, 1987 as revised, and the landscape plan grading plan being drawing Number L1 dated April 1, 1987 as revised, and the landscape planting plan being drawing Number L2 dated April, 1987 as revised and filed with the Buildings and Inspections Department of the City of Niagara Falls on August 27th, 1987, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. B-87-68 - Chief Administrative Officer - Re: Site Plan Approval, Proposed Tourist Commercial Plaza, McLeod Road (south side between Drummond Road and Alex Avenue). The report recommends that the Council approve the site plans on display at tonight's meeting, being a proposed commercial plaza, and the site plan being drawing Number A1 dated June 26th, 1987 as revised, and the landscape plan being drawing Number L1 dated June 1987 as revised, and the site plan sewers and watermain being drawing Number b~l dated June 1987 as revised, and filed with the Buildings and Inspections Department of the City of Niagara Falls on August 25th, 1987, and that such approval be subject to the conditions included in the report. ORDERED on the motion of Alderman Baker, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. B-87-69 - Chief Administrative Officer - Re: Proposed Niagara Falls Lions Centre Building, West Side of Drummond Road. The report recommends that City Council approve a by-law authorizing a new agreement between the Niagara Falls Lions Club and the City of Niagara Falls which would allow the construction of their new building. Alderman Janvary declared a conflict of interest because she is President of the Lioness Club, ORDERED on the motion of Alderman Pay, seconded by Alderman Coville, 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 all others voting in favour. CD-87-59 - Chief Administrative Officer - Re: Hamilton Street Road Allowance. The report recommends that Parts 1 and 2 on tbe attached sketcb be conveyed to the owner of 4402 Second Avenue and Parts 3 and 4 be conveyed to Farr Lumber for $3,000.00 each plus the proportionate cost of the survey and subject to a sewer easement in favour of the City. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. See By-law No. 87-192. C-87-20 - Chief Administrative Officer - Re: Request for Reserve, Lot 7, Plan M-67. The report recommends that Council approve of the Request for Reserve from Mr. Halim Badawy for Lot 7, Registered Plan M-67, until October 31, 1987. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. )N-87-150 - Chief Administrative Officer - Re: Engineering Assignment - Forest Glen Estates Subdivision. The report recommends that: The by-law which appears on tonight's agenda, authorizing the Mayor and Clerk to sign on behalf of the City an agreement with Forest Glen Estates (Niagara) Ltd. for the purpose of providing funds prior to entering into a subdivision agreement with this company to finance the engaging of Conlin Engineering and Planning Ltd. to undertake design, construction layout, construction inspection and construction administration related to municipal services in Forest Glen Estates Subdivision, be approved; -6- -7 - The by-law which appears on tonight's agenda, authorizing the Mayor and Clerk to sign an Engineering Agreement with Conlin Engineering and Planning Ltd. for design, construction layout, construction inspection and construc- tion administration related to municipal services in Glen Forest Estates Subdivision, be approved subject to the receipt of funds from the Developer to finance this engineering assignment. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. See By-law No. 87-187. 141~-87-154 - Chief Administrative Officer - Re: Contract S.L. 23-87, General Maintenance, Pole Replacement andInstallation of New Street Lighting Fixtures. The report recommends that the unit prices submitted by Ground Aerial Mainten- ance Services for Contract S.L. 23-87 be accepted by Council and that this contract be awarded. ORDERED on the motion of Alderman Hopkins, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See Resolution No. 63. MW-87-155 - Chief Administrative Officer - Re: Contract G.C- 25-87 - Underground Services for Ascot Woods Extension 2 Subdivision. The report recommends that the unit prices submitted by the low tendeter, Provincial Construction (Niagara Falls) Ltd., be accepted and this contract be awarded. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 64. See By-law No- 87-188. 1~sl-87-157 - Chief Administrative Officer - Re: Contract R.C. 26-87 - Curb & Gutter and Base Asphalt Construction in Dorchester Village III Subdivision. The report recommends that the unit prices submitted by the low tendeter, Circle P Paving Co. Ltd. be accepted and this contract be awarded. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See Resolution No. 65. See By-law No. 87-189. !11~-87-163 - Nunfcfpal Works Committee - Re: Municipal WOrks Committee Report - Basement Flooding - Chippawa Area (MW-87-160). The report recommends the following: l) That Staff continue to investigate ways of reducing extraneous flows to the Chippawa area sanitary sewer system, reporting to the Municipal Works Committee periodically on results achieved and to obtain direction on future courses of action to be taken in regard to the reduction of these flows; 2) That Staff prepare terms of reference for and obtain quotations from several consulting engineering firms for the purpose (a) reviewing the need for providing additional capacity in the existing Chippawa sewage system either through additional storage capacity or through an enlarged sewer system; (b) reviewing the need for additional pumping capaqity at the low lift pumping station and review the adequacy of the triple syphon under the Chippaws Creek which directs flow to this pumping station relative to handling current and future flows from the Chippaws community; (c) reviewing existing reports on the method of accommodating flows from future development so that future development can proceed in an orderly fashion in the Chippawa area without causing basement flooding at some future date in existing residences; (d) investigating the need for eliminating the discharge of weeping tile flows to the sanitary sewer system from future development in the Chippawa area. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Baker, that the report be received and adopted, and further, that the recommendations include the cost estimates for increased storage. Carried Unanimously. F-87-44 - Chief Administrative Officer - Re: Municipal Accounts. The report reconunends that the accounts totalling $8,176,447.95 for the period ending August 31, 1987 be approved by the passing of the by-law appearing later on the agenda. Alderman Harrington declared a conflict of interest on Cheque No. 26366 because his wife is a former President of the organization. Alderman Hinsperger declared a conflict of interest on Cheque Nos. 26356, 26357, 26479 and 26489 because he is employed by the company. Additional information was provided on Cheque No. 26415. ORDERED on the motion of Alderman Coville, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried with Aldermen Harrington and Hinsperger abstaining from the vote on Cheque Nos. 26366, 26356, 26357, 26479 and 26489 consecutively, on conflicts of interest previously recorded; and with all others voting in favour. C-87-19 - Chief Adstnistrative Officer - Re: Staff Attendance at Council Meetings. The report recommends that notwithstanding the directions of Council for Staff attendance at Council meetings, the Chief Administrative Officer be authorized to excuse Department Heads from attendance if, in his opinion, no matters relative to the Department Head are scheduled to be raised at the Council meeting, and, That persons requesting permission to appear before Council as a deputation advise the City Clerk as to the subject of their presentation. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Harrington, Hinsperger, Hopkins, Janvary, Pay, and Puttick. NAYE: Aldermen Covtlle, Cummings, and Orr. C-87-21 - Chief Administrative Officer - Re: Long Range Planning Study for the Niagara Parks Commission. The report provides information regarding the long range planning study for the Niagara Parks Commission, to be conducted by the Toronto firm of Moriyama and Techima. His Worship Mayor Smeaton advised that he would maintain close contact with the Steering Committee meetings and would obtain copies of the minutes. Following a brief discussion, it was moved by Alderman Baker, seconded by Alderman Coville, that the consultants be requested to study the concerns of Council regarding the expanded scope of the Niagara Parks Commission, in conjunction with other matters. Cartled Unanimously. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously_~. -8- RESOLUTIONS No. 62 -tUN MINtS - PAY - RESOLVED that pursuant to section 298 of the Municipal Act, R.S.O. 1980, the Minister of Municipal Affairs be requested to approve By-law No. 87-182 to stop up and close and to authorize the sale and conveyance of the public walkway between Cattell Drive and Tramore Crescent which was passed at the meeting of Council held on the 17th day of August, 1987; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 63 - HOPKINS - PAY - RESOLVED that the unit prices submitted by Ground Aerial Maintenance Services for Contract S.L. 23-87 - General Maintenance, Pole Replacement and Installation of New Street Lighting Fixtures, be accepted at the low tendered amount of $113,700.00; AND the Seal of the Corporation be hereto affixed'. Carried Unanimously. No. 64 - PAY - HINSPRRGER - RESOLVED that the unit prices submitted by · Provincial Construction (Niagara Falls) Ltd., for Contract G.C. 25-87 - Under- ground Services for Ascot Woods Extension 2 Subdivision, be accepted at the low tendered amount of $897,1t6.80; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 65 - HINSPERGER - PAY - RESOLVED that the unit prices submitted by Circle Paving Co. Ltd., for Contract R.C. 26-87 - Curb and Gutter and Base Asphalt Construction in Dorchester Village III Subdivision, be accepted at the low tendered amount of $68,429-50; 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 by-laws, and the by-laws be read a first time: No. 87-185 - A by-law to amend By-law No. 79-200, as amended. (B. Merrett and E. Henry - Report adopted by Council 1987 06 15, AM-12/87). No. 87-186 - 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 Section 4 or Subsection 5 of Section 40 of the Planning Act, 1983. (B. Merrett and E. Henry). No, 87-187 - A by-law to authorize the execution of agreements with Forest Glen Estates Ltd. and Conlin Engineering & Planning Ltd. for the payment of consulting engineering services. 87-188 - 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 2 Subdivision. 8o. 87-189 - A by-law to authorize the execution of an agreement with Circle P Paving Ltd. for curb, gutter and base asphalt construction in the Dorchester Village III Subdivision. No. 87-190 - A by-law to establish a fee for the process,lug of applications under the Rental Mousing Protection Act. No. 87-191 - A by-law to authorize the sale of land to Hugh Meuser, In Trust. 87-192 - A by-law to authorize the sale and conveyance of the closed part of Hamilton Street (formerly Walnut Street). . . , · 9 -9- No. 87-193 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Harrington and Hinsperger abstaining from the vote on By-law No. 87-193, on conflicts of interest previously recorded in Report No. F-87-44; and with all others voting iu 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. 87-185 - No. 87-186 - A by-law to amend By-law No. 79-200, as amended. (B. Merrett and E. Henry - Report adopted by Council 1987 06 15, AM-12/87). 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 Section 4 or Subsection 5 of Section 40 of the Planning Act, 1983. (B. Merrett and E. Henry). No. 87-187 - A by-law to authorize the execution of agreements with Forest Glen Estates Ltd. and Conlin Engineering & Planning Ltd. for the payment of consulting engineering services. No. 87-188 - A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for sewermalns, watermains and base road construction in the Ascot Woods Extension 2 Subdivision. No. 87-189 - A by-law to authorize the execution of an agreement with Circle P Paving Ltd. for curb, gutter and base asphalt construction in the Dorchester Village III Subdivision. No. 87--190 - A by-law to establish a fee for the processing of applications under the Rental Housing Protection Act. No, 87-191 - A by-law to authorize the sale of land to Hugh Heuser, In Trust. No. 87-192 - A by-law to authorize the sale and conveyance of the closed part of Hamilton Street (formerly Walnut Street). No. 87-193 - A by-law to proyide monies for general purposes. The motion Carrled with Aldermen Harrtngton and Htnsperger abstaining from the vote on B~;~.'~7-193 oh conflicts of interest previously recorded; and with all others voting in favour. NEW BUSINESS ITEMS OF COHCEILN: Pensions for Council - His Worship Mayor Smeaton expressed concern regarding the lack of a penslon plan being available to future full-time Mayors, and Council members, and suggested that the matter should be studied. He further declared a conflict of interest in this matter. ORDERED on the motion of Alderman Campbell, seconded by Alderman Coville, that Staff be asked to investigate the matter of setting up a pension plan for future Mayors and Council members, obtaining information from other Municipalities, and submit a report. Carried Unanimously. A.M.O. Conference - Federal.Tax Reform- Aldermaw Hopkins discussed his attendance at the recent A.M.0. Conference in Toronto, ~tth articular reference to the discussion of the proposed Federal Tax Reform~ ~e reCe~}~d ,to the Information for Council Communique from the F.C.M. which discussed the impact of tax reform proposals on Municipal operations, and he expressed concern regarding the impact of the White Paper on the City of Niagara Falls. - 10 - The Treasurer discussed the ramifications of the proposed tax reform in terms of the ad valorem tax, as well as the bi-monthly submission of income tax deductions, and suggested that the information obtained in this matter might be submitted to Council at a later date. Alderman Pay advised that a resolution was approved at the A.M.O. Conference to express opposition, regarding the subject matter, to the Federal Government. Ground Pollution - Regency Hotel Alderman Coville initiated a discussion, and expressed strong concern regarding the sewage pollution near the playing fields on the Regency Hotel property, and suggested an. investigation by Staff and the possible addition of topsoil. ORDERED on the motion of Alderman 'Coville, seconded by Alderman Orr, that the Regional Health Services be asked to investigate the matter. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Coville, Cummings, Barrington, Hinsperger, Hopkins, Janvary, Orr, and Pay. NAYE: Alderman Puttick. - ll - COUNCIL MEETING Council reconvened in formal session on Monday, August 31st, 1987, following a meeting in Committee of the l~ole. All members of Council were present, with the exception of Alderman Cheesman. His Worship Mayor Smeaton presided as Chairman. The meeting adjourned, READ AN~D/ADOPTED, CLERK MAYOR S. SMEATON Education Tax- Alderman Puttick discussed the successful appeal to the O.M.B. by the City of Nepean in the District of Ottawa-Carleton, regarding education tax. He referred to a number of Municipalities which had been overcharged in connection with the education tax, and in particular, to the Cities of Welland and St. Catharines- ORDERED on the motion of Alderman Puttick, seconded by Alderman Baker that Staff be directed to contact the City of Nepean to acquire background information regarding the decision of the Ontario Municipal Board, and submit a report. Carried Unanimously. It was moved by Alderman Cummings, seconded by Alderman Baker, that the meeting adjourn to Committee of Carried Unanimously. READ AND ADOPTED, / CITY CLERK WHOLE S. SMEATON Committee Room #1 August 31, 1987 Council met on Monday, August 31st, 1987, at 9:45 p.m. in Committee of the Whole, following a regular meeting. All members of Council were present, ~ith the exception of Alderman Cheesman. His Worship Mayor 8meaton presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose without reporting. READ AND ADOPTED, MAYOR.1 IAM S. SMEATON THIRTY-FIRST MEETING COMMITTEE OF THE WHOLE Committee Room #1 September 14, 1987 Council met on Monday, September 14th, 1987 at 6:30 p.m. in Committee of the Whole. All members of Council were present. Alderman Coville presided as Chairman. Following consideration of t|~resented, the Committee of the I~mle arose without reporting. ~' ~ READ AND ADOPTED, PLANNI~AR MEETING Council Chambers September 14, 1987 Council met on Monday, September 14th, 1987 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 Pay, seconded by Alderman Orr, that the minutes of the meeting held August 31st, 1987, be adopted as printed. Carrie~ Unanimously. PRESENTATIONS NEW PRODUCT AWARD - T.G. BRIGHT & gO. LIMITED - His Worship Mayor Smeaton welcomed Mr. Jim McGregor, President of the Niagara Falls Economic Development Agency to the meeting. Mayor Smeaton discussed the successful introduction this year, by T.G. Bright & Co. Limited, of a new product entitled "P.J. Shooter", and welcomed Mr. David Diston, Vice President of T.G. Bright & Co. Limited to the meeting. Mr. McGregor congratulated and presented a New Product Award to Mr. Diston, on behalf of the Niagara Falls Economic Development Agency. NEW PRODUCT AWARD - JAY-VEE CANADA - His Worship Mayor Smeaton welcomed Mr. Allan Magnacca, President of Jay-Vee Canada, to the meeting, and discussed the successful introduction of a new product line realized with the agreement reached with Dynatech. Mr. McGregor offered congratulations, and presented a New Product Award to Mr. Magnacca on behalf of the Niagara Falls Economic Development Agency. ASSOCIATION OF PROFESSIONAL EN6INEKRS OF ONTARIO - Communication No. 284 - The Niagara Chapter, The Association of Professional Engineers of Ontario - Re: Engineering Centennial Week in Niagara, September 28th to October 3rd, 1987. The communication confirms the presentation to be made to Council on September 14th, 1987, and asks Council to proclaim the week of September 18th to October 3rd, 1987 as "Engineering Centennial Week in Niagara". Mr. Dave Rupay, P. Eng., Vice Chairman of The Niagara Chapter of The Association of Professional Engineers of Ontario, reviewed a brief history of the Association, invited Council to participate in the celebration in Niagara and submitted a program brochure. Mr. Rupay presented Mayor Smeaton with the first day issue stamp by Canada Post in recognition of the lOOth Anniversary of the Association in Canada. His Worship Mayor Smeaton expressed appreciation, and offered congratulations and best wishes on behalf of the City. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the proclamation be approved subject to established policy. Carried Unanimously. REPORTS - PLANNING MATTERS PD-87-128 - Chief Administrative Officer - Re: Zoning By-law Amendment AM-28/87, AND Official Plan Amendment No. 164 - Frank Covotta; East of Pettit Avenue between .p,o~een Drive and the C.N.R. Railway. The report recommends the following: 1) That Council not support the subject Official Plan or Zoning By-law Amendment applications; 2) That the Applicant be encouraged to consider alternatives for the residential development of the subject lands, having regard to the following: (a) A downscaled dev~lopmen~,?f a lower density will be better suited to neighbourhood; (b) A lower building height and profile would better maintain the character of the surrounding neighbourhood; (c) Consideration should be had for the servicing constraints of this property. - AND - Coz~unication No. 285A - Philip C. Lococo, Solicitor - Re: Zoning Amendment Application AM-28/87, Official Plan Amendment No. 164. The communication expresses the following concerns of ratepayers and residents regarding the subject application: inadequacy of property for density; increased traffic on dead end street, affecting safety of children and need for crossing guards, as well as affecting access routes to subdivision; planning principle to access large scale developments onto large arterial roads; development of the property should accord with existing zoning; the height of proposed buildings obstructing housing on Doreen Drive; and residents unwilling to provide an easement to accommodate storm sewers and watermains. - AND - Co~unication No. 285B - J.C. Walsh, P. Eng. for Canadian National Railway {CNR) - Re: OPA No. 164 and Zoning Amendment AM-28/87, Mile 29.4 to 29.55, Stamford Subdivision. The communication advises that the Railway does not favour the introduction of residential developments in the immediate vicinity of rail operations due to the obvious incompatibility; and further provides infor- mation regarding compliance standards for noise, vibration and impact mitigation. - AND - ~o~unication No. 285C -Mre. Ceil Collins - Re: Official Plan Amendment No. 164, Zoning Amendment Application ~uM-28/87. The communication submits the following objections to the application: loss of privacy; parking lot lights illuminating adjacent residential property; increased traffic creating noise and headlights, safety hazard to students, and parking congestion; six'storey build- ing causing shadowing; inadequacy of play area for increased number of children; vandalism; inadequate garbage receptacles; railroad safety hazard; devaluation of adjacent residential property; decrease in rMside~tial lifes~les; and adequacy of school and sewage facilities. ~;;,;T ! --, ! ,-:. u Comunlcation No. 285D (HANDOUT) - Regional Niagara Planning & Development Department - Re: Preliminary Application AM-28/87, Proposed Apartments; Pettit Avenue, north of the C.N.R. The communication advises that Regional -3- Planning Staff does not oppose the development of the lands for multi-family residential purposes, but recommends the reduction of building height and density of the proposed development. His Worship Mayor Smeaton declared the Public Meeting open, and reviewed the procedure to be followed under the Planning Act, 1983. The City Clerk advised that the property was located on the east side of Pettit Avenue between Doreen Drive and the C.N.R.; that the subject lands are composed of Block 'D' according to Registered Plan 250; that the Applicant is proposing to amend the zoning on the property to permit the construction of a 124 unit multiple family apartment complex in the form of one 6 storey 68 unit apartment building, and one 6 storey 56 unit apartment building. He further advised that the Notices of the Public Meeting were forwarded on August 7th, 1987, and a notice was published in the Niagara Falls Review on August 15th, 1987. A positive response was received to Mayor Smeaton's request for an indication of the presence of the applicant or his agent; and a positive response to the request for a show of hands from persons, other than the applicant, in favour of or opposed to the application. His Worship Mayor Smeaton advised that persons wishing to receive further notice of the passage of the by-law should submit their names and addresses to the Clerk prior to leaving the meeting. The Planning Director discussed the subject property with the assistance of posted sketches; and reviewed the following information contained in the Tech- nical Report: Official Plan; Zoning By-law; Surrounding Land Use; Comments from the Notification Process; and Planning Review. He recommended that Council not support the application as proposed, but consider a downscaled residential development. There was a negative response to Mayor Smeaton's request for comments from persons, other than the applicant or his agent, in support of the application. Mr. Philip C. Lococo, Solicitor, represented numerous concerned residents in attendance. He referred to his letter of opposition, previously recorded, and discussed the concerns of the residents outlined therein. Mr. Fred Paul, Consulting Planner, Miller O'Dell & Paul; Mr. Mike Carluccio, Jovinka Developments Inc.; and Mr. Harry Thorsteinson, Solicitor; and Mr. Frank Covotta were in attendance. Mr. Paul discussed the areas of concern; the constraints on the site, and the impact on surrounding neighbours, as well as C.N.R. standards. He referred to studies made with respect to vibration and noise; and suggested that a single family development would be not be reasonable because of the expense of abating the railway vibration from the property. Mr. Paul discussed attempts to minimize the impact of the development on the residents of Doreen Drive, referred to a completed traffic analysis, and asked that Council support this application. Following a discussion regarding the concerns of the residents, Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Pay, that the report be received and adopted, and the application denied. Carried Unanimously. His Worship Mayor Smeaton declared a 5 minute recess at 8:20 p.m. Following the recess, Council reconvened in the Council Chambers. PD-8]-123 - Chief ~Mainistrative Officer - Re: Albert & Elizabeth Szeles, 6061North Street. ing: Zoning Amendment AM-26/87, The report recommends the follow- 1) That Council support the proposed Zoning By-law amendment, as detailed in Technical Report PD-87-116; 2) That Staff be directed to prepare the appropriate Zoning By-law amendment which reflects the application submitted for enactment at a subsequent Council meeting. -4- - AND - Communication No, 286 - Regional Niagara p]gnniDg & Development Department - Re: Preliminary Application AM-26/87, Expansion of a Private liall; North Street east of Drummond Road. The communication advises that the Regional Planning Staff have no objection to the proposal. His Worship Mayor Smeaton declared the Public Meeting open and advised that the same procedure would be followed under the Planning Act, 1983, as in the previous application. The City Clerk advised that the property was located on the north side of North Street, east of Drummond Road, and was comprised of the vacant rear yard portion of 6061 North Street; stated that the proposal was to amend Zoning By-law 79-200 to permit the subject rear yard parcel to be added to the lands of the Knights.of Columbus Hall for private club use; and that the Notices of the Public Meeting had been forwarded-on August 7th, 1987. There was a positive response to Mayor Smeaton's request for an indication of the presence of the applicant or his agent, and to a request for a show of hands from persons in favour of or opposed to the application. His Worship 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 discussed the subject lands and proposal with the assistance of posted sketches. He reviewed the following information contained in the Technical Report: Development Proposal; Official Plan; Zoning By-law Amendment; Surrounding Land Uses; Comments from Public Notification Process; and Planning Review; and recommended approval of the application. There was a negative response to Mayor Smeaton's request for comments from persons, other than the applicant or his agent. Mr. C. Kirkey, 6041 North Street, requested information regarding land uses with respect to the subject property, and notification of proposed uses. Following a brief discussion, His Worship Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. PD-87-124 - Chief Administrative Officer - Re: AM-27/87, Harry H. Karachi; 7071 Oakwood Drive. following: Zoning Amendment Application The report recommends the 1) That Council support the proposed by-law amendment, as detailed in Technical Report PD-87-115; 2) That Staff be directed to prepare an appropriate zoning by-law amendment which reflects the application submitted for enactment at a subsequent Council meeting. - AND - Communication No. 287 - Regional Niagara Planning & Development Department - Re: Preliminary Application AM-27/87, Proposed Industrial Zoning; Oakwood Drive north of McLeod Road. The communication advises that the Regional Planning Staff have no objection to the proposal. His Worship Mayor Smeaton declared the Public Meeting open and advised that the procedure under the Planning Act, 1983 would be followed, as in the previous applications. The Clerk advised that the subject lands are located on the-west side of Oakwood Drive, north of McLeod Road, at 7071 Oakwood Drive; that the applicant is proposing to purchase and merge the subject lands with existing holding, being Niagara Protective Coatings, with a resultant adjustment in the zoning boundary. He stated that the Notices of the Public Meeting were forwarded on August 7thJ 1987. -5- His Worship Mayor Smeaton advised that anyone 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. He advised that the applicant was in attendance; and received a positive response to his request for a show of hands from persons present in favour of, or opposed to the application. The Planning Director discussed the subject lands with the assistance of posted sketches; and reviewed the following information contained in the Techni- cal Report: Official Plan; Zoning By-law Amendment; Comments from Public Notification Process; Surrounding Land Use; and Planning Review. There was a negative response to Mayor Smeaton's request for comments from those present who were opposed to the application. Mr. Karachi advised that lie did not wish to comment. Since no further questions were presented, Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman lIinsperger, that the report be received and adopted. Carried Unanimously. Pl)-87-125 - Chief Administrative Officer - Re: Zoning Amendment Application AM-29/87 - Niagara College of Applied Arts & Technology. The report recommends the following: 1) That Council support the proposed zoning by-law amendment, as detailed in Technical Report PD-87-118; 2) That Council approve the zoning by-law amendment which is referenced in the Council's Agenda. - AND - Co=~unication No. 288 - Regional Niagara Planning & Development Department - Re: Preliminary Application AM-29/87, Niagara College. The communication advises that the Regional Planning Staff have no objection to the approval of the rezoning. His Worship Mayor Smeaton declared the Public M~eting open and advised that the same procedure would be followed as in the previous applications under the Planning Act, 1983- The Clerk advised that the proposal was to add Niagara College of Applied Arts and Technology to the listing of Public Service Agencies in Section 4.4 of Zoning By-law 79-200. He stated that the Notice of the Public Meeting was published in the Niagara Falls Review on August 15th, 1987. Mr. Hans Vanderslagt, Dean, Niagara College of Applied Arts and Technology, and other representatives of the College were in attendance. Alderman Orr declared a conflict of interest because she is employed by the College. There was a positive response to Mayor Smeaton's request for a show of hands of persons in favour of, or opposed to the application. He asked that persons :wishing to receive further notification of the passing of the by-law to 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 reviewed the following information contained in the Techni- cal Report: Zoning By-law Amendment; Official Plan; Comments from Public Notification Process; and Planning Review. Mr. Vanderslagt did not wish to comment. Since no further comments were received, Mayor Smeaton declared the Public Meeting closed. ORDERED on the motion of Alderman Janvary, seconded by Alderman ttinsperger, that the report be received and adopted. The motion Carried with Alderman Orr abstaining from the vote on a conflict of interest previously recorded; and with all others voting in favour. See B~,-law No. 87-195. -6- PD-87-122 - Chief Administrative Officer - Bonuses. The report recommends the following: Hotel Guidelines/Density 1) That Council's Hotel Study Guidelines adopted in June 1986 be amended to reflect the following policy matters respecting density bonuses and their relationship to multi-level parking structures. Within the primary tourist commercial core area, conventional hotel densities of 100 u.p.a. may be exceeded where above or below grade parking structures are intended to be constructed as an integral part of a proposed hotel complex. In this regard, density bonuses directly related to the amount of additional space created within a parking structure, excluding the grade level, will be permitted in accordance with the conditions outlined in the report. 2) That the Hotel Study Guidelines be modified to include the following 'provisions: (a) An increase in maximum lot coverages for hotels exceeding 9 storeys in height from 20% to 30%; (b) The establishment of a 10' minimum building setback provision from all property lines; (c) A provision for bus parking commensurate with hotel size; (d) The inclusion of the Lundy's Lane/Ferry Street area between Stanley Avenue and Main Street for high-rise accommodation development. The Planning Director reviewed background information contained in the report, and responded to questions raised regarding proposed setback standards, metric measure, and other suggested guidelines. He was commended on an excellent report. Alderman Janvary retired from the meeting- Subsequent to a lengthy discussion, His Worship Mayor Smeaton declared a 5 minute recess at 9:35 p.m. Following the recess, Council reconvened in the Council Chambers for the balance of the meeting. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cheesman, that Report No. PD-87-122, Hotel Guidelines/Density Bonuses, be received and adopted. The motion Carried with the following vote;.. AYE: NAYE: Aldermen Baker, Campbell, Cheesman, Coville, Cunmings, Hinaperger, Orr, Pay, and Puttick. Aldermen Harrington and Hopkins. PI}-87-130 - Ghief ~am~ntstrative Officer - Re: Zoning Amendment Application AM-24/87, Romzap Ltd.; 6755 Oakes Drive. The report reconmends the following: 1) That Council approve the subject application and that Staff be directed to prepare an implementing by-law based on the proposal. submitted, and the following additional features: (a) The provision of a northerly side yard of 10 feet, and (b) Parking facilities to accommodate 3 buses; 2) That prior to the issuance of a building permit, the applicant submit a revised site plan for Council~s approval in conformity with the implementing by-law. Details of the site plan should include, among other matters, an elevation plan depicting the type of building materials to be used, and a streetscape plan depicting the proposed treatment of the boulevard area with regard to landscaping and sidewalks. -7- Communication No. 289A -!{inolta Tower Centre - Re: Zoning Amendment Proposal AM-24/87; 6755 Oakes Drive. The communication expresses agreement with the proposed amendment to the by-law. - AND - Co~aunication No. 289B - Loretto Academy - Re: Construction Changes to Proposed Motel, Corner of Livingstone Street and Oakes Drive. The communication advises that the Sisters of Loretto approve of the changes in plans. - AND - Communication No. 289C - Victor Hencehells, Howard Johnson's - Re: Zoning Amendment Application - Romzap Ltd., PD-87-130; Oakes Drive and Livingstone Street. The communication advises that Menechella Bros. Limited own the property known as the Burning Springs Wax Museum together with all the adjacent land and air rights along Oakes Drive to the Loretto Academy lands, located on the east side of Oakes Drive and directly in front of the applicant's lands; and further, that a high-rise hotel facility is being planned for the property, and notification is being submitted in order to minimize any adverse impact regarding the proposed development, and possible restricted view of the Falls. Communication No. 289D - Venerino V.P. Panict, Architect - Re: Proposed 18 Storey Hotel Complex for Romzap Inc., 6755 Oakes Drive. The communication includes site plan and parking structure drawings, and discusses the changes made to the original plan for the complex in order to effect a cost savings. Alderman Hopkins declared a conflict of interest because one of the principles of the application had legal counsel from a member of his family who is in attendance. His Worship Mayor Smeaton declared the Public Meeting open and advised that the same procedure would be followed as in the previous applications under the Planning Act, 1983. The Clerk advised that the property is located north of Livingstone Street between Oakes Drive and Stanley Avenue; that the application proposes to amend By-law 86-22 which permits an 18 storey, 262 unit hotel development to allow construction of a 19 storey, 298 unit hotel, with an attached parking structure. He advised that the Notices of the Public Meeting were forwarded on August 7th, 1987. His Worship Mayor Smeaton noted that the applicant was in attendance. He received a positive response to his request for a show of hands from persons in attendance who were interested in the application; and requested that any 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 discussed the proposal and subject lands with the assistance of posted sketches; and reviewed the following information contained in the Technical Report: Development Proposal; Zoning By-law; Official Plan; Surrounding Land Use; Comments From The Public Notification Process; and Planning Review. He referred in particular to the recommended provision of a northerly side yard of 10 feet, and parking facilities to accommodate 3 buses. Mr. Venerino V.P. Panici, Architect, reviewed information contained in the written submission recorded previously, with particular emphasis on the study and attempt at cost savings. He discussed the elimination of the penthouse, bay windows, and changes in the proposed parking facilities. Mr. Panici stated that the recommendation for a 10' setback on the north side would require the elimination of 61 parking spaces without increasing the height of the parking structure. Mr. Menechella was in attendance and expressed the desire to have the future plans for developing the property adjacent to the subject lands a matter of record. Following further discussion, it was moved by Alderman Orr, seconded by Alderman Chessman, that the report be received and adopted. The motion Carried with Alderman Hopkins abstaining from the vote on a conflict of interest previously recorded, and with the following vote: 8 -9- AYE: Aldermen Baker, Campbell, Cheesman, Coville, HarrfngtoD, and Orr. NAYE: Aldermen Cummings, Hinsperger, Pay, and Puttick. PD-87-127 - Chief Administrative Officer - Re: Creation of Building Lots Through Testamentary Devise. The report recommends the following: l) That a letter be sent to the Honourable Bernard Grandmaitre, Minister of Municipal Affairs, requesting a review of the Planning Act, with the intent that the legislation be amended to prevent testamentary devise schemes from occurring; 2) That Staff be directed to commence processing a Zoning by-law amendment under the provisions of the Planning Act to bring the Crowland and Willoughby By-laws (1538 and 395) into conformity with Zoning By-law 79-200, as amended, respecting minimum lot sizes; 3) That requests for building permits on those lots which are legally created through testamentary devise be processed in the same manner as those created by the former checkerboard schemes; 4) That a copy of this report be forwarded to the following agencies for information: - Ministry of Municipal Affairs; - Association of Municipalities of Ontario; - Ministry of Food & Agriculture; - Regional Municipality of Niagara. ORDERED on the motion of Alderman Coville, seconded by Alderman Hopkins, that the report be amended to include a copy of the information to be forwarded also to Mr. Ray Haggerty, MPP. It was further recommended that the amended report be received and adopted. Carried Unanimously. P1)-87-120 - Chief Administrative Officer - Re: Request for Building Permit, for Part 3 of Reference Plan 59R-5128, Pt. Lot 15, Concession 1, Willoughby Drive. The report recommends that the request for a Building Permit for Part 3 of Plan 59R-5128 be approved subject to the following conditions, prior to the issuance of said building permit; 1) An agreement being entered into with the owner of the subject lot relative to the City's requirements~ and 2) The required approvals and ~ermits from those agencies referenced below, During the discussion, it was suggested that with respect to Background Item No. 3, "The land has frontage on an improved street within the meaning of the City's Zoning By-law", that Staff communicate with the parties concerned with the information that 9 of their 17 lots do not qualify for building permits under the guidelines adhered to by Council since 1978. ORDERED on the motion of Alderman Baker, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. P~-8Y-121 - Chief Administrative Officer - Re: Facade ~tudy ~/queen Street. The report recommends that Council pass the By-law appearing on tonight's agenda for the purpose of entering into a contractual agreement with J.E. Berzins Urban Design Consultants on behalf of the Downtown Board of Management, for the under- taking of a Queen Street Facade Study. His Worship Mayor Smeaton noted that Mr. Jack Bell, Chairman, and Mrs. Margaret Nagy, Co-Ordlnator, of the Downtown Board of Management were in attendance. Mr. Bell, addressed Council with respect to,the ongoing activities and progress in the downtown area. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the report. be received and adopted. Carried Unanimously. See By-law No. 87-199. PD-87-129 - Chief Administrative Officer - Re: 1987 PRIDE Application for Downtown Improvement. The report recommends the following: 1) That the Ministry of Municipal Affairs be advised of Councll's acceptance of the $375,000.00 Provincial grant for 1987-1988 PRIDE Program and that a formal resolution respecting same will be forwarded to the Province once Council has considered its overall spending priorities for 1988; 2) That the matter of committing an equivalent $375,000.00 as the Ctty's portion to the Downtown PRIDE project be referred to the Finance Committee for consideration. ORDERED on the motion of Alderman Orr, seconded by Alderman Cheesman, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Coville, Cummings, Harrington, Hinsperger, Hopkins, and Orr. NAYE: Aldermen Pay and Puttick. REGULAR MEETING DEPUTATION IUiVlEW OF REGIONAL GOVgRNNENT - Communication No. 290 - Regional Councillor Peter Sobol - Re: Review of Regional Government. The communication attaches copies of letters to Council, to the Minister of Municipal Affairs, and to the Regional Municipality of Niagara Review/Terms of Reference with respect to the subject matter, and asks that this matter be included in the Council agenda. Regional Councillor Sobol expressed his concerns regarding the terms of reference with respect to the review of Regional Government, and suggested that Councils submit their comments, that a public meeting be held to determine issues and concerns, and further, that a list of priority problems be obtained from the suggested public meeting. His Worship Mayor Smeaton expressed appreciation to Councillor Sobol for his efforts and concern. COMMUNICATIONS No. 291 - The Royal ~auadian Legion, Branch No. 396 - Re: Church Parade - September 20, 1987. The communication requests approval of a Parade Permit for the aforementioned date. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the request be granted subject to the approval of other authorities. Carried Unanimously. No. 292 - Ontario March of Dimes - Re: "Fall Classic" Golf Tournament. The communication invites Council to participate in the Tournament, scheduled for September 25th, 1987. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. No. 293 - Oktoberfest Niagara - Rex 2nd Annual Oktoberfest Niagara - October 3, 1987 at the Chippaws Arena. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that Council indicate it has no objection to the issuance of a special occasion permit for the Second Annual Oktoberfest Niagara to be held on October 3rd, 1987, at the Chippawa Arena, Sodom Road, subject to the approval of the Regional Police Department, the Niagara Palls Fire Department, the Regional Niagara Health Services Department, and the Liquor Licensing Board of Ontario. Carried Unanimously. - 10 - REPORTS NW-87-165 - Nuntcipal Works Co=~ittee - Re: Basement Flooding Westlane/ Westwood Sanitary Sewer Drainage Area. The report recommends the following: l) That Staff commence with the implementation of a program which will ultimately result in the removal of downspout connections from the weeping tiles and also will result in all downspouts in the Westlane/Westwood sanitary sewage drainage area being discharged on the ground surface an appropriate distance from basement walls; 2) That Staff report to the next meeting of the Municipal Works Committee on the feasibility of proceeding with the installation of remedial works immed- iately prior to knowing the results of the extraneous flow reduction program and further modelling as recommended by the Consultant. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. NW-87-168 - Chief Administrative Officer - Re: By-law to Authorize the Road Rehabilitation of Valley Way, Simcoe Street, Third Avenue, Second Avenue, Fifth Avenue and Huggins Street. The report recommends the following: l) That Council hear any persons who claim that his/her land will be prejudtcially affected by the by-laws appearing on tonight's agenda which authorize the above works; and 2) That subject to there being no valid objections, the by-laws appearing on tonight's agenda be passed by Council. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the report he received and adopted. Carried Unanimously. See By-law No. 85-217 and By-law No. 87-201. NW-87-169 - Chief Adainistrative Officer - Re: Contract R.C. 27-87 - Road Rehabilitation to Various Streets. The report recommends the following: 1) That the sum of $47,600.00 be taken from the Contribution to Capital Spending Account to finance the balance of the costs for Valley Way; and 2) That the unit prices submitted by the low tenderer, Hard Rock Paving Company Ltd., be accepted, and that the contract be awarded to this Company subject to: (a) The third reading of By-law 85-217 by City Council; (b) Sufficient funds being received from the Niagara Falls Public Library to cover the Library's portion of the work and in the event that the Library is not in a position to proceed with their portion of the work contained in Contract R.C. 27-87, that work be deleted from the contract. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. · " See Resolution No. 67. See By-law No. 85-217, and By-law No. 87-198. 1-87-45 - Chief Administrative Officer - Re: Purchase of Mailing Machine. The report recommends that the City of Niagara Falls pdrchase Model 6120 mailing machine and Model 1861 folder from Pitney Bowes for the sum of $13,572.00. ORDERED on the motion of Alderman Cun~ings, seconded by Alderman Cheeeman, that the report be received and adopted, Carried Unanimously. - 11 - F-87-46 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $3,257,907.44 for the period ending September 14, 1987 be approved by the passing of the by-law appearing later on the agenda. Alderman Campbell declared a conflict of interest on Cheque No. 26623 because the organization is a client. Alderman Hinsperger declared a conflict of interest on Cheque Nos. 26613 and 26767 because he is employed with the company. Additional information was provided on Cheque Nos. 26719, 26733, 26734, 26735 and 26809. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with Aldermen Campbell and Hinsperger abstaining from the vote on Cheque Nos. 26623, 26613 and 26767 consecutively, on conflicts of interest previously recorded; Alderman Harrtngton voting contrary on Cheque No. 26809; and with all others voting in favour. 6~D-87-65 - ~htef Administrative Officer - Re: Council Meeting - Thanksgiving Week. The report recommends that no Council Meeting be held during the second week of October, as Thanksgiving Day falls on Monday, October 12th, 1987. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. ***** It was moved by Alderman Cummings, seconded by Alderman Pay, that permission be granted to proceed past 11:00 p.m. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Cheesman, Cummings, Harrington, Hinsperger, Hopkins, Orr, Pay and Puttick. NAYE: Alderman Covtlle. CD-87-67 - Chief Administrative Officer - Re: Sale of Grapes at Niagara Falls Memorial Arena. The report recommends that the City enter into an agree- ment with Mr. Philip Calabrese, carrying on business as Geppino Grocery, to sell grapes on a portion of the parking lot at the Niagara Falls Memorial Arena from September 18th, to October 20th, 1987, and that he provide the City with a Certificate of Insurance in the amount of $1,000,000.00, and naming the City of Niagara Falls as an additional insured. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. CI)-87-68 - Chief Administrative Officer - Re: Encroachments on City's Storm Drainage Ditch, Lot 62, Plan 246; 5821Hennepin Crescent- The report recommends the following: 1) (a) That Bell Canada be permitted to relocate its plant on the City's existing storm drainage ditch across Part 1 on the attached plan, subject to Bell Canada agreeing not to place any obstructions within the said easement - no poles or other structures are to be placed thereon, but underground cables will be permitted; (b) That a proposed addition to an apartment building be allowed to encroach on the City's easement, on Part 2 on the attached plan. 2) That Council pass the by-law appearing on this agenda authorizing the necessary documents to give the above recommendations effect. - 12 - Alderman Hinsperger declared a conflict of interest because he is employed with the company involved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on a conflict of interest previously recorded; and with all others voting in favour. See By-law No. 87-202. Alderman Jim Pay - Re: AMO Conference Report. The report provides information regarding the aforementioned Conference held in Toronto on August 23rd to 26th, 1987. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the report be received' and filed. Carried Unanimously. RESOLUTIONS No. 66 - CUMMINGS - COVILLE - RESOLVED that a message of condolence be forwarded to the family of the late Miss Elizabeth Hopkins, a lifelong and highly respected resident of the City, and the first woman to be appointed as City Treasurer; a devoted member and Trustee of her Church; and the great aunt of Alderman Mark Hopkins; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. Nm. 67 - PAY - ORR- RESOLVED that the unit prices submitted by Hard Rock Paving Company Ltd. - Contract R.C. 27-87 - Road Rehabilitation to Various Streets, be accepted at the low tendered amount of $410,654.92, subject to: 1) The third reading of By-law 85-217 by City Council; 2) Sufficient funds being received from the Niagara Falls Public Library to cover the Library's portion of the work and in the event that the Library is not in a position to proceed with their portion of the work contained in Contract R.C. 27-87, that work be deleted from the contract. AND the Seal of the Corporation be hereto affixed. i Carried Unanimously. BY LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the following by-law be now read a third time: 85-217 - A by-law to authorize the rehabilitation of the roads on parts of Dixon Street, Simcoe Street, Third Avenue, Second Avenue, Fifth Avenue and Huggins Street. (Amended by Resolution No. 100, December 15, 1986). ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 87-195 - A by-law to amend By-law No. 79-200, as amended. (AM-29/87, Niagara College). No, 87-196 - A by-law to authorize the execution of an ~greement with Ground Aerial Maintenance Service Ltd. for general maintenance, pole replacement. and. inst~llation of new street lighting fixtures. No. 87-197 - A by-law to authorize the execution of an agreement with 532802 ,, Ontario Limited respecting parking facilities, - 13 - No. 87-198 - A by-law to authorize the execution of an agreement with Hard Rock Paving Company Limited for road rebabilitation on various streets. No. 87-199 - A by-law to authorize the execution of an agreement with J.E. Berzins for consulting services to carry out the Niagara Falls Downtown Facade Study. No, 87-200 - A by-law to authorize an agreement with the Lion's Club of Niagara Falls (Ontario) Canada. No. 87-201 - A by-law to authorize the rehabilitation of Simcoe Street, Third Avenue, Second Avenue, Fifth Avenue, Huggins Street and Valley Way. 87-202 - A by-law to authorize a release and consent respecting an easement, No. 87-203 - A by-law to provide monies for general purposes. The motion Carried with Alderman Orr abstaining from the vote on By-law No. 87-195 on a conflict of interest previously recorded in Report No. PD-87-125; Aldermen Campbell and Hinsperger abstaining from the vote on By-law No. 87-203 on conflicts of interest previously recorded in Report No. 87-46; Alderman Harrington voting contrary on By-law No. 87-203 as previously recorded in Report No. F-87-46; 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. 87-195 - A by-law to amend By-law No. 79-200, as amended. No. 87-196 - A by-law 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. No. 87-197 - A by-law to authorize the execution of an agreement with 532802 Ontario Limited respecting parking facilities. No. 87-198 - A by-law to authorize the execution of an agreement with Hard Rock Paving Company Limited for road rehabilitation on various streets. Mo-{~-199 - A by-law to authorize the execution of an agreement with J,E. Berztns for consulting services to carry out the Niagara Falls ~%~.~ e84}~ Facade Study, No. 87-200 - A by-law to authorize an agreement with the Lion's Club of Niagara Falls (Ontario) Canada, No. 87-201 - A by-law to authorize the rehabilitation of Simcoe Street, Third Avenue, Second Avenue, Fifth Avenue, Huggins Street and Valley Way. No. 87-202 - A by-law to authorize a release and consent respecting an easement. No. 87-203 - A by-law to provide monies for general purposes. The motion Carried with Alderman Orr abstaining from the vote on By-law No. 87-195 on a conflict of interest previously recorded; Aldermen Campbell and Hinsperger abstaining from the vote on By-law No. 87-203 on conflicts of interest previously recorded; Alderman Harrington voting contrary on By-law No. 87-203 as previously recorded; and with all others voting in favour. - 14 - NEW BUSINESS ITENS OF CONCERN: Stamford Green Plaza - Litter - Alderman Harrington requested that the owners of the Stamford Green Plaza be contacted regarding the litter in that area. Congratulations - Honourable V. Kerrio, NPP, & R. Ha~erty, ~PP - ORDERED on the motion of Alderman Harrington, seconded by Alderman Orr, that a letter of congratulations be forwarded to the Honourable V. Kerrin, MPP, and Ray Haggerty, MPP, on their success in the recent Provincial elections. Carried Unanimously. CJRN Talk Show - Freedo~ of Speech - Alderman Puttick referred to the restrictions on programming and freedom of speech in connection with talk shows subsequent to letters of complaint received from individuals, and to a number of talk show programs which have been cancelled. He requested that the local radio station, CJRN, be contacted for further information on this matter. His Worship Mayor Smeaton advised that the radio station would be contacted and information submitted to Council next week. ITEMS OF INTEREST: Pe~l for Pe~ce - His Worship [~yor Smeaton advised that "Peal for Peace Day" is scheduled for September 15th, 1987, and that the Churches and Bridge Commission have agreed to participate, and peal their bells. It was moved by Alderman Puttick, seconded by Alderman Cheesman, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, CLERK MAYOR THIRTY-SECOND MEETING REGULAR MEETING Council Chambers September 21, 1987 Council met on Monday, September 21st, 1987 at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of Aldermen Campbell, Cheesman and Janvary, were present. liis 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 Orr, that the minutes of the meeting held September 14th, 1987, be adopted as printed. Carried Unanimously. PRESENTATIONS ACRIEVEMENT AWARDS - T~E NIAGARA BANTAM WARRIORS LACROSSE TEAM - His Worship Mayor Smeaton offered congratulations and presented Achievement Awards to following City of Niagara Falls members of The Niagara Bantam Warriors Lacrosse Team: Michael Dueck, Christian Collucci, and Aron Dunn; and to Team Manager Roly Dueck, and Assistant Coach Dan Collucci. The Team won the Canadian National Bantam Lacrosse Championships in games played August 5th to 12th, 1987 at Brampton, Ontario. DEPUTATIONS llus IrgNCR BY-LAW NO. 77-75, AS AMENDED - MR. FRANK CERTO - Com~unieation No. 294 - Nr. Frank Certo - Re: The Fence By-law No. 77-75, As Amended. The communication requests permission to address Council regarding proposed action to approve a 6' high fence at 7004 Lundy's Lane. The Clerk advised that Mrs. Certo had requested that the matter be postponed to October 26th, 1987. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the matter be tabled to October 26th, 1987. Carried Unanimously. UNFINISHED BUSINESS MR. ROBERT VAN MANEN/REAR YARD FLOODING - A discussion was held regarding rear and side yard drainage and grading problems at the home of Mr. Robert Van Manen, 6915 Devon Drive. The situation;. had been considered earlier this evening at the Municipal Works meeting. The Director of Municipal Works advised that the problem is on private property and that any solution suggested by Staff would be the responsibility of the property owners. The Director of Buildings & Inspections explained that if the window wells and the land surrounding the house were raised by Mr. Van Manen, the problem would probably be resolved. During the discussion, it was noted that the property had been inspected by various members of Staff, and that the problem had been created by the higher grading of adjacent properties to allow for flower gardens, and other amenities. Mr. Van Manen advised that the problem was caused by contractors leaving the soil in the area and levelling it, when building nearby housess and stated that a number of complaints had been made to Staff without success. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Coyills, that a full and comprehensive report~ including the cost of remedial action, be submitted next week. Carried Unanimously. COMMUNICATIONS No. 295 - City of Niagara Falls Fire Department - Re: Proclamation. The communication asks that Council proclaim the week of October 4th to 10th, 1987 as "Fire Prevention Week"- ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the request be approved. Carried Unanimously. No. 296 - Minister of Agriculture & Food - Re: Proclamation. The communication asks that Council proclaim October 16th, 1987 as "World Food Day". ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the request be approved. Carried Unanimously. No. 297 - Niagara Falls Pirates Nockey Club - Re: 6th Annual Hockey Tournament - March 24th to 27th, 1988 at the Stamford and Jack Bell Arenas. The conmunication requests Special Occasion Permits for the event. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that Council indicate it has no objection to the issuance of special occasion permits for the Sixth Annual Hockey Tournament to be held on March 24th, 25th, 26th and 27th, 1988 at the Stamford Arena and the Jack Bell Arena, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Health Services Department and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 298 - Jennifer Prohaszka, Polkafeat Chairperson - Re: 1987 Polkafest Celebration - October 14th to 16th, 1987 at The Canadian Polish Community Centre. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that Council indicate it has no objection to the issuance of a special occasion permit for the 1987 Polkafest Celebration to be held on October 14th, 15th, and 16th, 1987 at The Canadian Polish Community Centre, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Health Services Department and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 299 - Niagara Transit - Re: CUTA - Bus Priority. The communication asks Council to support the recommendation of the Canadian Urban Transit Association (CUTA) regarding the establishment of uniform legislation across Canada to give priority to buses re-entering traffic flows. '. ' ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Pay, that the communication be referred to Staff for a. report. Carried Unanimously. No. 300 -Andy Brandt, M.P-P- - Re: Pit Bull Terriers. The communication proposes an amendment to The Dog Owners Liability Act that would make owners directly liable for the actions of their dogs without the need for civil action, and asks Council to support a request to the Provincial Government to take the necessary action to reduce and minimize the possibility of an unprovoked dog attack. Alderman Baker advised that the Board of the Humane Society has discussed the problem, and asked that this communication be given to the Board, which meets September 22rid, 1987, in order to obtain the Board's comments. ORDERED on the motion of Alderman Baker, seconded by Alderman Cummings, that the communication be referred to the Humane Society Board for comments. It was further recommended that the Clerk contact the Solicitor General to ascertain any proposed action. Carried Unanimously. No. 301 - The Corporation of the City of Hamilton - Re: Licence & Regulation of Cats. The communication requests Council's support of a resolu- tion to the Ministry of Municipal Affairs for legislation to licence and regulate cats, and for the collection of fees. Alderman Baker stated that the Board of the Humane Society had given consideration to this ma~ter, and that it had been decided to delay taking action for one year until the City of Hamilton had worked out any problems which might be encountered. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the communication be referred to Staff and to the Humane'Society for ,i-.:, consideration. The motion Carried with the following vote: AYE: Aldermen Coville~ Cummings, Harrington~ Hinspergers Hopkinss Orrs Pay and Puttick, NAYE'- Alderman Baker. -3- No. 302 - Regional Niagara Public Works Department - Re: Water/Sewage Flows. Thc communication attaches Staff Report DEP-2571, Water and Sewage Flows by Municipality, Monthly Report for July, 1987. ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington, that the report be received and filed. Carried Unanimously. No. 303 - Regional Niagara Public Works Department - Re: GO Train Service Expansion Program. The communication asks Conncil's support by a resolution to the Ministry of Transportation and Communications, for a study to assess the potential for GO service into Niagara. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be referred to Staff for a report. Carried Unanimously. No. 304 - Ministry of the Environment - Re: Burning of Garbage. The communication attaches a copy of "FACTS" regarding a proposed regulation to ban apartment building incinerators, and requesting comments by November 15, 1987. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the communication be referred to Staff for a report. Carried Unanimously. No. 305 -N/ulster of Municipal Affairs ~ Re: Bill 8, French Language Services Act. The communication provides information regarding the implementa- tion of services in the French language. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be received and filed. Carried Unanimously. No. 306 - Mrs. Dian J. Gagnon - Re: Official Bilingualism. The communication asks Council's support in opposing bilingualfsm by designating the Municipality as "Unilingual English". ORDERED on the motion of Alderman Pay, seconded by Alderman Harrington, that the communication be received and filed. Carried Unanimously. No. 307 - County of Lanark - Re: French Language Services Act (Bill 8). The communication asks that a resolution be forwarded to the Minister of Municipal Affairs requesting that legislation be initiated to ensure that all Municipalities in the Province of Ontario include a referendum on the French Language issue during the 1988 Municipal Elections. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. No. 308 (BANDOUT) -Mayor Smeaton - Re: C.J.R.N. & Mr. John Michael. The communication attaches correspondence from the President of C.J.R.N. regarding disciplinary action of the C.R.T.C. concerning Mr. 3ohn Michael. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that a letter supporting C.J.R.N. and Mr. John Michael be drafted by Mayor Smeaton, approved by Council at its next meeting, and forwarded to the C.R.T.C. Carried Unanimously. REPORTS PD-87-05 - Chief Administrative Officer - Re: Repairs to Fire Pumper #6. The report recommends that Council authorize repairs to Fire Pumper #6 to be carried out by Cataract Auto Body, as outlined in their estimate dated July 29, 1987 at a cost of $6,229.54 which includes Provincial Sales Tax. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. PD-87-O6 - Chief Administrative Officer - Re: Fire Department Open House, October 4, 1987. The report provides background information regarding the aforementioned Open House, and recommends that the information be noted and the report received and filed. Alderman Rarrington volunteered to bead a competitive team at the Open House. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. R-87-34 - Chief Administrative Officer - Re: Purchase and Installation of Three Overhead Garage Doors at the Fairview Cemetery Building. The report recommends that Yarnell Overhead Dour Ltd., the lowest quoted price, be author- ized to install the overhead garage doors at Fairview Cemetery. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously... -4- R-87-35 - Chief Administrative Officer - Re: Monthly Public Swimming - Y.M.C.A. The report provides information regarding swimming pool attendance for July and August 1987, and recommends that the report be received and filed- ORDERED on the motion of Alderman Cummings, seconded by Alderman Pays that the report be received and adopted. Carried Unanimously. R-87-36 - Chief ~dstuistrative Officer - Re: Niagara Falls Memorial Arena Time Clock. The report recommends that Rotomatic Electronic Display Products Ltd., the lowest quoted price, be authorized to install the time clock at the Niagara Falls Memorial Arena. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. MW-87~164 -Municipal Parking & Traffic CoMmittee - Re: "Yield" Signs at the Corner of Burdette Drive & Pettlt Avenues and the Corner of Corwin Crescent & Stokes Street. The report recommends the following: 1) That a yield sign be erected at the intersection of Burdette Drive and Pettit Avenue facing westbound traffic on Burdette Drive; and 2) That a yield sign be erected at the intersection of Cotwin Crescent and Stokes Street facing northbound traffic on Cotwin Crescent. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger that the report he received and adopted. Carried Unanimously. MW-87-166 - Municipal Works Corsettree - Re: Acceptance of Municipal Solid Waste From Region of Halton by Walker Bros. Quarries Ltd. The report recommends the following: 1) That the communication from Walker Bros. Quarries Ltd., dated 1987 06 18 be received and filed for information; and 2) That the City of Niagara Falls reserve taking a position on the proposal subject to receipt of additional information. ORDERED on the motion of Alderman Cummings, 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, and Puttick. NAYE: Alderman Pay. MW-87-167 - Municipal Works Co~eaittee - Re: Niagara ~ecycling - Diversion Credit. The report recommends that our existing agreement with Niagara Recycl- ing be amended to provide that a diversion credit be paid in the amount of $16.00 per tonne for 1987 retroactive to 1987 O1 01, and $20.00 per tonne for 1988. ORDERED on the motion of Alderman Baker, seconded by Alderman Covtlle, that the report be received and adopted. Carried Unanimously. MW-87-170 - Municipal Parking & Traffic Co~ttee - Re: Establishment of a "No Parking" Zone on West and South Sides of Jubilee Drive from McLeod Road to Dorchester Road. The report recommends that a "No Parking" zone be established on the west and south sides of Jubilee Drive from McLeod Road to Dorchester Road. ORDERED on the motion of Alderman Pay, seconded by Alderman Rinsperger, that the report be received and adopted, Carried Unanimously. Nk~87-171 - Municipal ParkinS & Traffic Cosmittee - R~: Proposed Closing of Second Avenue at Highway ~420 (Roberrs Street). The report recommends the followinS: 1) That the Ministry of Transportation and Communications' proposal for the closing of Second Avenue at Highway #420 (Roberrs Street) be accepted; and -5- 2) That Staff be authorized to proceed with detailed negotiations with the Ministry of Transportation and Communications in connection with this closure. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. MW-87-173 - Chief Administrative Officer - Re: Railway Crossing Protection. The report recommends the following: l) Dorchester Road (North of Chippawn Parkway)/Mile 2,76 Niagara Falls Subdivision CP Rail - That the Canadian Transport Commission be advised that the City agrees to assume 12 1/2 percent (estimated at $18,300.00) of the installation cost and 50 percent (estimated at $2,750.00 per year) of future annual mainten- ance costs for new crossing protection on Dorchester Road at Mile 2.76 Niagara Falls Subdivision CP Rail; and 2) At Crowland Avenue and Biggar Road/Mile 4.63 Caso Subdivision CP Rail - That the Canadian Transport Commission be advised: (a) The City agrees to assume 6 1/4 percent (estimated at $5,775.00) of the installation cost for installing updated automatic protective devices at Biggar Road and Crowland Avenue - Mile 4.63 Caso Subdivision CP Rail, and (b) The City does not agree to assume any future costs related to maintenance and operation of the automatic protection. ORDERED on the motion of Alderman Cummings, seconded by Alderman ttinsperger that the report be received and adopted. Carried Unanimously. B-87-70 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for August 1987. The report provides information regarding Permits Issued and Highlights for August 1987, as well as September Proposals. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and filed. Carried UnanimouslyA B-87-71 - Chief Ad~nistrative Officer - Re: Masonry Wall behind the Flag Poles, Centennial Square - City Hall. The report recommends that City Council approve a quotation submitted by Abe Dick Masonry Ltd. for supplying all materials and labour to reconstruct the masonry wall in Centennial Square at a cost of $6,135.00. Alderman Cummings declared a conflict of interest because the firm with which he is employed is involved. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Pay, 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 with all others voting in favour. B-87-73 - Chief Adsinistrative Officer - Re: Improvements, Niagara Falls Memorial Arena. approve the following: Steam Nearing and Ventilation The report recommends that Council 1) The quotation submitted by Conway Plumbing and Heating in the amount of $31,900.00 to include: (a) Renovations to the existing steam heating system ($19,000.00) amd (b) The supply and installation of five (5) motorized multi-blade dampers with remote controls ($12,900.00); 2) A contingency allowance in the amount of $2,000.00; .............. 7111 6 3) Payment in the amount of 10% of the contract price to the firm of White Mossop and Erling for engineering services including consultation, design, supervision and certification of the completed work. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. B-87-74 - Chief Administrative Officer - Re: Site Planning - Garbage Container Enclosures. The report provides background information regarding totally enclosed garbage bins and recommends that the report be received and filed. ORDERED on the motion of Alderman Pay, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. B-87-75 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Convenience Store and Gas Bar; 6873 McLeod Road (N/E corner at Dorchester Road), AM-12-83. The report recommends that the Council approve the site plans on display at tonight's meeting, being a proposed convenience store and gas bar, and the site plan being drawing number A-1 and dated May 2nd, 1987, as revised and the site services and grading plan dated August, 1987 and filed with the Buildings & Inspections Department of the City of Niagara Falls on September 14th, 1987, and that such approval be subject to the conditions included in the report. Alderman Puttick declared a conflict of interest because the company with which he is employed has a business interest. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with Alderman Puttick abstaining from the vote on a conflict of interest previously recorded; and with all others voting in favour. B-87-76 - Chief Administrative Officer - Re: Site Plan Approval - Proposed 112 Unit 3 Storey and 2 Storey Motel; Lundy's Lane (North side, west of Beaverdams Road). The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed motel, and the site plan being drawing number 1 and dated July 14th, 1987, as revised and filed with the Buildings and Inspections Department of the City of Niagara Falls on September llth, 1987, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. PD-87-132 - Chief Administrative Officer - Re: Application No. RR-87-001, Rental Mousing Protection Act, 694883 Ontario Limited; 3584 Bridgew,ater Street. The report recommends the following: l) That this application under the Rental Housing P~otection Act be approved on the basis that it will not adversely affect the supply of affordable rental housing in the Municipality and subject to any further information which nay arise through tonight's public meeting; 2) That the Minister of Housing, the applicant and those parties requesting notice be notified within the prescribed five day period. His Worship Mayor Smeaton advised that'the procedure under the Rental Housing Protection Act would be followed, and declared the Public Meeting open- The Clerk advised that the property was located at 3584 Bridgewater Street; that the applicant was proposing to renovate and enlarge an existing two-storey building currently housing five rental unite and convert it into a retirement home capable of housing a maximum of 35 persons plus staff; that Notices of the Public meeting had been forwarded to the 5 tenants involved, the applicant and agents on September 3rd, 1987 by first class mail; and an advertisement had been . published in the Niagara Falls Review on September 3rd, 1987. His Worship Mayor Smeaton received a negative response to his request for an indication of the presence of persons, other than the applicant or his agent; and a positive response to hls request for a show of hands of persons in fayour of or opposed to the application. -7- The Planning Director reviewed the background information contained in Report No. PD-87-132, and recommended that the report be approved. His Worship Mayor Smeaton received a negative response to his request for comments from persons in support of, or opposed to the application. He declared the Public Meeting closed. 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 Baker, Coville, Cummings, Hinsperger, Hopkins, Orr, Pay and Puttick. NAYE: Alderman Harrington. PD-87-133 - Chief Administrative Officer - Re: Commercial Office Opportunities Study. The report was not distributed. The Planning Director advised that this nmtter would be included in the agenda for next week, and a presentation made to Council at that time. F-87-47 - Finance Committee - Re: Finance Committee Reports. The report recommends the following: l) Oktoberfest Niagara - That Oktoberfest Niagara not be provided with financial assistance for their Second Annual Oktoberfest Niagara at Chippawa Arena. The Clerk advised that the principals involved in Octoberfast Niagara had asked that this matter be tabled for one week. 2) Sponsorship of Time Clock for Niagara Falls Arena - That Staff be authorized to prepare contracts for private sponsorship of a time clock at Niagara Falls Arena. Following a lengthy discussion regarding this nattar it was moved by Alderman Hopkins, seconded by Alderman Coville, that the recommendation be received and adopted. A motion was moved by Alderman Pay, seconded by Alderman Coville, that the motion be amended to read that advertisers paying rentals over a period of years should be assessed at the prime rate of interest. Following further discussion, it was moved by Alderman Cummings, seconded by Alderman Orr, that the matter be tabled to provide an opportunity for the Director of Parks & Recreation to explore the matter further. The motion to table which took precedence, ~arried with the following vote: AYE: Aldermen Cummings, Harrington, Hinsperger, Orr and Puttick. NAYE: Aldermen Baker, Coville, Hopkins and Pay. 3) 1986 Consolidated Financial Statements & Financial Information Return- That the 1986 consolidated financial statements and financial information return be received and filed. ORDERED on the motion of Alderman Coville, seconded by Alderman Orr, that the recommendation be received and adopted. Carried Unanimously. 4) Guide for Preparation of 1988 Operating Budget - That the guide for the preparation of the 1988 operating budget be adopted along with a general guideline of a minimum percentage increase and maintaining existing service levels. ORDERED on the motion of Alderman Coville, seconded by Alderman Orr, that the recommendation be received and adopted. Carried Unanimously. 5) Ontario Interpreter Service Request for Financial Assistance - That the financial assistance requested by the Ontario Interpreter Service be denied. ORDERED on the motion of Alderman Coyills, seconded by Alderman Orrs that the recommendation be received and adopted. Carried Unanimously. 6) Inniskillen Wines Request for Financial Assistance - That the financial assistance requested by Inniskillin Wines regarding a Niagara Wine Route be denied. 7) S) -8- ORDERED on the motion of Alderman Coville, seconded by Alderman Orr, that the recommendation be received and adopted. Carried Unanimously. Niagara Regional Exhibition & Niagara Grape and Wine Festival Requests for Advertisement - That the advertisement requests from Niagara Regional Exhibition and the Niagara Grape and Wine Festival be denied. ORDERED on the motion of Alderman Coville, seconded by Alderman Harrtngton, that the recommendation be received and adopted. Carried Unanimously. Niagara Falls Public Library Board Financial Statements - That the 1986 financial statements for the Niagara Falls Public Library Board be received and filed. ORDERED on the motion of Alderman Coville, seconded by Alderman Harrington, that the recommendation be received and adopted. Carried Unanimously. F-87-48 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $15,107,204.34 for the period ending September 21st, 1987 be approved by the passing of the by-law appearing later on the agenda. Alderman Cummings declared a conflict of interest on Cheque No. 26985 because a member of his family is employed by the group. Alderman Harrington declared a conflict of interest on Cheque No. 27029 because he is employed with the Board. Alderman Htnsperger declared a conflict of interest on Cheque No. 26945 because he is employed with the company. Additional information was provided on Cheque Nos. 26946 and 26962. ORDERED on the motion of Alderman Baker, seconded by Alderman Pay, that the report be received and adopted. The motion Carried with Aldermen Cummings, Harrington and Hinsperger abstaining from the vote on Cheque Nos. 26985, 27029 and 26945 consecutively, on conflicts of interest previously recorded; and with all others voting in favour. CD-87-66 - Chief Adstnistrative Officer - Re: Purchase of Land - Weaver Park. The report recommends that the City purchase a rear portion of the property at 6701Dunn Street, indicated in green on the attached sketch, from Mr. Wilfred J. Geyer, for the amount of'$3,000.00 with the City assuming the responsibility of survey and legal costs. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. BY-LAWS Alderman Hopkins pointed out that on By-law No. 87-204, Schedule 4, second paragraph, the line should read Township of Willoughby rather than Township of Stamford, and suggested that the by-law be so amended. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that leave be granted to introduce the following by-laws, as amended, and the by-laws be read a first time: No. 87-204 - A by-law to authorize the execution of an agreement with Gor4on Ronald MacDonald and Dorothy Beatrice MacDonald. No. 87-205 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cummings, Harrington and Htnsperger abstaining from the vote on By-law No. 87-205 on conflicts of interest previously recorded in Report No. F-87-48; and with all others voting in favour. ORDERED on the motion of Aldermen Cummings, seconded by Alderman prr, that the following by-laws be now read a second and third time: - 9 - No. 87-204 - A by-law to authorize the execution of an agreement with Gordon Ronald MacDonald and Dorothy Beatrice MacDonald. No. 87-205 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cummings, Harrington and Htnsperger abstaining from the vote on By-law No. 87-205 on conflicts of interest previously recorded; and with all others voting in favour. NEW BUSINESS ITEMS OF CONCERN: Group Homes By-law - Alderman Cummings advised that he had received a letter from the Social Planning Council asking that a member of the Planning Staff be authorized to act as a contact person for a discussion of the Group Homes By-law. He asked that this matter be taken care of as soon as possible. Non-Smoking By-law - Alderman Cummings initiated a discussion regarding the present status of the proposed Non-Smoking By-law. The Director of Buildings & Inspections advised that a visit had been made by Alderman Chessman and himself to the City of Hamilton in order to discuss the matter with officials of that Municipality. He further advised that a progress report would be submitted at the next meeting of the Finance Committee, and that the by-law would not be implemented in October 1987. ITEMS OF INTEREST: Royal Canadian Army Cadet Corps/Reception - Alderman Harrington advised that he would be unable to represent Mayor Smeaton at the Cadet Corps Reception scheduled to be held on September 22nd, 1987, when the Corps would be presented with a Shield for general efficiency. His Worship Mayor Smeaton expressed appreciation for the consideration given, and advised that he would take care of this matter. Emergency Exercise - His Worship Mayor Smeaton discussed the Emergency Exercise carried out earlier this evening with involvement of the Niagara Falls Fire Department, and many other emergency groups, Staff and contact people. The Fire Chief explained that this was a learning experience. Chippawa Business Association - Memorial Tribute - His Worship Mayor Smeaton referred to the invitation received from the Chippawa Business Association, for attendance at a memorial tribute to the late Mr. George Bukator, scheduled to be held on October 10th, 1987 at the Niagara Falls Public Library, Chippawa Branch. He asked that all members of Council attend if possible. It was moved by Alderman Puttick, seconded by Alderman Hopkins, that the meeting adjourn. Carried Unanimously. READ AND MAYOR So SMEATON THIRTY-THIRD MEETING COMMITTEE OF THE WHOLE Committee Room #2 September 28, 1987 Council met on Monday, September 28th, 1987, at 7:15 p.m. in Committee of the Whole. All members of Council, with the exception of Aldermen Baker, Cheesman, Orr and Puttick, were present. Alderman Cummings presided as Chairman. Following consideration of the ~an. presented, the Committee of the Whole arose without reporting. ~ · '~ ". READ AND ADOPTED, PENN I C REGULAR MEETING Council Chambers September 28, 1987 Council met on Monday, September 28th, 1987 at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception Alderman Baker, Cheesman, Orr and Puttick, were present. His Worship Mayor Smeaton presided as Chairman, and offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pay, seconded by Alderman Coville, that the minutes of the meeting held September 21st, 1987, be adopted as printed. Carried Unanimously. DEPUTATIONS ~WLAND P~ATIONAL PARK - Communication No. 30~ -!tr. Peter Pahl - Re: Crowland Recreational Park. The communication requests permission to address Council regarding a petition to the Recreation Department for funding requirements at the aforementioned Park. Mr. Pahl, on behalf of the Niagara Falls Volunteer Firefighters of No. 6 Station, informed Council of the recent use of Crowland Park for the OV Slo-Pitch Tournament, the lack of facilities, urgent need to update the Park and requested funding to do so. He discussed the efforts of the members of Station No. 6 at the Park. Mr. Pahl referred to the original request for funding in the amount of $15,000.00. During the discussion it was pointed out that property was donated by a Crowland Township family, the building was sold and the proceeds of the sale, amounting to $15,000.00 were to be used for park funding. ORDERED on the motion of Alderman Janvary, seconded by Alderman Coville, that the request for funds be included in the 1988 budget discussions, the appropriate forms be forwarded to Station No. 6 for completion, and returned to the Finance Committee via City Council. It was further recommended that Staff investigate the placement of the aforementioned $15,000.00. Carried Unanimously. 1987 ~BD WAY C,~PAZGN - His Worship Mayor Smeaton welcomed Mr. David Wilton, Chairman of the 1987 United Way Campaign, to Council and stressed the importance of the Campaign to the communit, y. Mr. Wilton acknowledged the support of Council over the years, and presented the United Way flag to Alderman Campbell, with the request that it be flown during the 1987 Campaign. UNFINISHED BUSINESS C,R.T,C. CENSORSHIp OF JOHN MICHAEL & C.J.R.N, - Co~unication No. 310 - Mayor Smeaton - Re: C-J.R.N. and John Michael. The draft communication to the C.R.T.C., discusses the contribution to the community over the years by radio station C.J.R.N. and Mr. Michael, and asks that consid- eration be given to this contribution when evaluation of the subject matter is made. Alderman Campbell declared a conflict of interest because of a recently contracted business interest. Mr. James W. floses, 73 Queen Street North, Thorold, a freelance journalist contributin~ to the Toronto Star, reviewed a written submission with respect to his efforts. ~ver~he'~ears 'to promote a peaceful alliance between the native people and other Canadians, and the detrimental result of Council's support for Mr. Michael in this issue. . Mr. Joe Hester, on behalf of the Niagara Regional Native Centre and the Fort Erie Native Centre, discussed his concerns regarding the subject matter, and stated that since the issue was being taken to Court, that Council would be acting in an inappropriate manner if a letter of support was forwarded to the C.R.T.C. ORDERED on the motion of Alderman Janvary, seconded by Alderman Pay, that the communication be received and filed, and the letter of support not sent. The motion Carried with Alderman Campbell abstaining from the vote on a conflict of interest previously recorded; and with all others voting in favour. SECOND ANNUAL OKTOBERFEST - Communication No. 311A - Peter Lapins, Oktoberfest Niagara Chairman - Re: Second Annual Oktoberfest. The communication requests a grant or a reduction of rental costs for the Arena and/or the rental of tables and chairs; and requests permission to address Council. Co~nication No. 311B - Peter Lapins, Chairman, Oktoberfest Niagara - Re: Oktoberfest Niagara '87. The communication refers to the efforts of volunteers working for this organization; introduces Miss Oktoberfest Niagara '87; and requests financial assistance for this non-profit group in the amount of $3,500.00. Mr. Lapins' communication was reviewed by the Clerk. Mr. Lapins was in attendance to respond to questions raised. Alderman Campbell declared a conflict of interest because ~he has a business interest in one of the organizations receiving funding through the event. A lengthy discussion ensued regarding the high cost of renting the arenas in the summer season versus the winter season, and the rationale for the increased costs. The Recreation Director explained the position of the Union with respect to employees working at the Arenas; and the Personnel Director stated that the Collective Agreement provides that "all work performed in connection with City services should be done by employees of the City", and further, that the Executive of C.U.P.E. "is alwaya willing to talk about it". Mr. Don Somerville, 8792 Banring Avenue, explained his experiences with the rental of the Niagara South Arena, and the additional charges. It was moved by Alderman Pay that the matter be referred to the Finance Committee and Staff to evaluate. There was no seconder for the motion. ORDERED on the motion of Alderman Cummings, seconded by Alderman ltinsperger that the Oktoberfest Niagara Committee receive a grant in the amount of $3500.00. The motion was Defeated, with Alderman Campbell abstaining from the vote on a conflict of intO'rest previously recorded; and with the following vote: AYE: Aldermen Cummings, and Minsperger. NAYE: Aldermen Coville, Herrington, Hopkins, Janvary, and Pay. -3- ORDERED on the motion of Alderman Coville, seconded by Alderman Janvary, that a grant to the Oktoberfest Committee, in the amount of $1,000.00, be approved. The motion was Defeated with Alderman Campbell abstaining from the vote on a conflict of interest previously recorded; and with the following vote: AYE: Aldermen Coville and Janvary. NAYE: Aldermen Cummings, Harrington, Hinsperger, Hopkins, and Pay. Following further discussion, it was moved by Alderman Hopkins, seconded by Alderman Hfnsperger, that a grant to the Oktoberfest Committee, in the amount of actual costs to the upper limit of $3500.00, be approved. The motion was Defeated with Alderman Campbell abstaining from the vote on a conflict of interest previously recorded; and with the following vote: AYE: Aldermen Cummings, Harrfngton, Hopkins and Hinsperger. NAYE: Mayor Smeaton and Aldermen Coville, Janvary and Pay. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger that a grant to the 1987 Oktoberfest Committee, in the amount of $1900.00, be approved. It was further recommended that the Committee be provided with the appropriate forms to be completed for a grant to be included in the 1988 budget discussions. 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, Harrtngton, Hfnsperger and Hopkins. NAYE: Aldermen Coville, Janvary and Pay. AMO REPORT/PROPOSF~) MODEL OF COLLECTIVE BARGAINING & REQUIRED AMMENTS - PD-87-19 - Ghief Administrative Officer - Re: A.M.O. Report 87-1 - Proposed Model of Collective Bargaining and Required Amendments. The report recommends that Council endorse the report in principle and notify the Association of Muni- cipalities accordingly. Mr. Mark Acker, Vice President of the Niagara Falls Professional Firefighters Association, expressed opposition to the proposed amendments, and referred to the Collective Agreement being the result of "hard work by many people over many years and an example of the relationship of collective bargaining". He stated that the proposed changes were not required in the City of Niagara Falls. Mr..Acker asked Council to table the matter pending a presentation by the Firefighters Association. Following a lengthy discussion, His Worship Mayor Smeaton advised that he would meet personally with representatives of the Firefighters Association for informational purposes. ORDERED on the motion of Alderman Pay, seconded by Alderman Harrington, that the report be received and filed. Carried Unanimously. COMMUNICATIONS No. 312 - Regional Niagara Office of the Clerk - Re: Second Quarter, 1987 Building Permit Activity Report. the Communication attaches Report DF-87-155, September 9th, 1987, regarding the subject matter. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the communication be received and filed. Carried Unantmousl7. No. 313 - Regional Niagara Office of the Clerk - Re: Traffic Control, Niagara Road 43 (Bridge Street) and Erie Avenue. The communication advises that traffic signals are not presently warranted at the aforementioned intersection, and that a further study would be made after the opening of the new bus terminal. ORDERED on the motion of Alderman Pay~ seconded by Alderman Ninsperger, that the communication be received and filed. Carried Unanimously. No. 314 - Regional Niagara Public Works Department - Re: Water/Sewage Flows. The communication attaches Report DEP-2580 Monthly report for August~ 1987. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and filed· The motion Carried with the following vote: -4- AYE: Aldermen Campbell, Coville, Cummings, Harrington, Htnsperger, Hopklns and Pay. NAYE: Alderman Janvary. No. 315 - Vincent Kerrio Jr. - Re: Application for Zoning Change (AM-32/87 - H. Damore). The communication invites members of Council to attend an infor- mational meeting scheduled for September 29th, 1987, at the Stamford Lions Memorial Hall. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the communication be received and filed. Carried Unanimously. No. 316 - Chippaws Ltoua Club - Re: Santa Claus Parade - November 29th, 1987. The communication requests a Parade Permit for the event. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Pay, that the request be granted subject to the approval of other authorities. Carried Unanimously. No. 317 - Weight Watchers - Re: Proclamation. The communication asks Council to proclaim the month of November 1987 as "Weight Watchers Poundsthen Month for Diabetes". ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Pay, that the prgclamation be approved subject to established policy. Carried Unanimously. No. 318 - Niagara Falls, C~-nda, Visitor & Convention Bureau - Re: 'Winter Festival of Lights'. The communication requests the permission of Council to hold an Ice-Figure Skating Show - 'Festival on Ice', on January 2rid and 3rd, 1988. ORDERED on the motion of Alderman Htnsperger, seconded by Alderman Pay, that the request be approved. Carried Unanimously. No. 319 - Buddy Lo~e, Tournament Organizer, Regency Hockey Tournament - Re: 6th Annual Hockey Tournament, November 26th to 29th, 1987 at the Stamford/Jack Bell Arena. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that Council indicate it has no objection to the issuance of a special occasion permit to the Regency Hockey Club in conjunction with their Sixth Annual Hockey Tournament to be held at the Stamford/Jack Bell Arenas on November 26th, 27th, 28th, and 29th, 1987, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Regional Niagara Health Services Department and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 320 (HANDOUT) - The Babe'is of Niagara Falls - Re: Proclamation. The communication asks Council to proclaim the week of October 4th~ to llth, 1987 as "Wage Peace Week'*. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the request be approved subject to established policy. Cartted .Unanimously. REPORTS R-87-37 - Ghief Admduistrative Officer - Re: Parks & Recreation Department 1986 Annual Report. The report provides information regarding Cemeteries, Facilities, Parks, and Programs for 1986, and recommends that the 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. B-87-77 - Chief Administrative Officer - Re: Site Plan Approval - Proposed 2 Storey Retail Store, 6120 Main Street. The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed retail store and the site plan being sheet number I of 8 dated July 1987, asrevised, and filed with the Buildings and Inspections Department of the City of Niagara Falls on September llth, 1987, and that such approval b~ subject to the conditions outlined in the report. ORDERED on the motion of Alderman Covllle, seconded by Alderman Harrington, that the report be received and adopted· Carried Unanimously. -5- Ix-87-24 - Chief Administrative Officer - Re: Refund of Tuition Fees, Section 400.8, Policy Manual. The report recommends that the maximum annual tuition refund payment be increased to $300.00. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. PD-87-131 - Chief Administrative Officer - Re: Annual Report, 1986. The report provides an overview and summary of the Municipality's planning activities during 1986. The Planning Department was congratulated on an excellent report. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, the report be received and filed. Carried UnanimouslyL that PD-87-133 - Chief ~aeqntstrattve Officer - Re: Commercial/Office Opportunities Study, Public Participation Program - Consultant's Presentation. The report provides background information regarding the aforementioned study which was completed in association with the IBI Group and Miller O'Dell & Paul, and recommends that Council direct Staff to proceed with the advertising of a public meeting. The Planning Director discussed the many development applications for commercial development in non-commercial areas which had been considered over the past year; the rigid guidelines followed under the Official Plan over the past 5 years; and parking standards in commercial areas. Mr. Randy Grimes, IBI Group, presented an executive summary of the findings included in the report and asked that a public meeting be scheduled for informational purposes. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously- MW-81-174 - Chief Admdxttstrattve Officer - Re: Charnwood Subdivision, Block "F", Plan M-53. The report was withdrawn from this agenda. Engineering Assignment - 14W-87-175 - Chief Administrative Officer - Re: Contract R.C. 28-87, Curb & Gutter and Base Asphalt Construction in Carol Subdivision. This report and By-law No. 87-210 were withdrawn from the agenda. MW-87-176 - Municipal Works Committee - Re: Committee Reports. The report reconunends the following: l) Pedestrian Tunnel & Walk from Jepson Street to Ontario Avenue - - That Staff proceed to arrange a public meeting to consider closing of the pedestrian tunnel and walk under the railway from Jepson Street to Ontario Avenue; 2) OsNeil Street Road Reconstruction from Dorchester Road to St. Paul Ave. That this report be received and filed. ORDERED on the motion of Alderman Hineperger, seconded by Alderman Pay, that the report ba received and adopted. Carried Unanimously. NW-87-177 - Chief Administrative Officer - Re: Tender for Supply, Treat and Stockpiling of Winter Sand - 1987-1988 Winter Season. The report recommends that the tender for supply and delivery of winter sand, including the mixing of salt with this sand, be awarded to Walker Brothers Quarries Limited for the unit prices tendered by this company. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinaperger, that the report be received and adopted· Carried Unanimously. See Resolution No. 69. -6- !~-87-178 - Chief Administrative Officer - Re: Tenders for Rental of Snow Removal Equipment for 1987-1988 Winter Season. The report recommends that the following tenders be approved for the purpose of snow removal during the 1987-1988 winter season, at hourly rates shown on the tender summary sheet: 1) Montgomery Bros. Construction for the rental of two (2) 4-wheel drive front-end loaders; 2) Modern White Line Ltd. for the rental of one (1) 4-wheel drive front-end loader; 3) L. Walter & Sons Excavating Ltd. for the rental of one (1) 4-wheel drive front-end loader and one (1) grader; Pizzi General Contracting for the rental of two (2) graders and one (1) 4-wheel drive front-end loader; 5) Modern Crane for one (1) wing mounted truck plow and one (1) 4-wheel drive front-end loader. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. See Resolution No. 70. ~"87-182 - ChiefA~nistrative Officer - Re: Contract R.C. 29-87, Road Rehabilitation to Various Streets. The report recommends that the unit prices submitted by the low tenderer, Steed & Evans Ltd., be accepted and that the contract be awarded to this firm. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the reportbe received and adopted. Carried Unanimously. See Resolution No. 71. See By-law No. 87-211. NW-87-183 - Chief Adainistrative Officer - Re: West Meadow Subdivision Agreement. The report recommends the following: 1) That the by-law authorizing the Subdivision Agreement be approved; 2) That the variance from the Subdivision Policy with regard to sidewalks be approved; and 3) That Council approve the Park Dedication in this Subdivision as described. ORDERED on the motion of Alderman Campbell, seconded by Alderman Hopkins, that the report be received and adopted. ~arried Unanimously. See Bydlaw No. 87-213. 1C-87-49 - Finance CcnmELttee - Re: Section 63 Assessment Update. The report recommends that the Section 63 Assessment update be approved by Council, Following a lengthy discussion it was moved by Alderman Cummings, seconded by Alderman Hinsperger that appreciation be conveyed to Mr. Terry Wilkes, Regional Assessment Commissioner, for his consideration, and that reassessment not be undertaken at this time. It was further recommended that the Regional and Provincial authorities be contacted regarding their areas.of responsibility, The motion was ~efeated with the following vote: ~.. AYE~ Aldermen Cummings, Harrington, Hiusperger~ and Janvary. NAYE: Mayor Smeaton and Aldermen Campbell~ Coville, Hopkins and Pay. During the discussion that followed, Mr. Terry Wilkes responded to questions raised regarding reassessment~ and stated that if Council wished to make a motion to return an assessment in 1989 based on a 1988 value~ it would be necessary to have the approval of the Ministry, ORDERED on the motion of Alderman Coville, seconded by Alderman ~1opkins, that approval be recommended for reassessment based on a 1984 value. The motion was .Defeated with the following vote| AYE: Aldermen Coville, Hopkins and Janvary. NAYE: Aldermen Campbell, Cummings, Harrtngton, Hinsperger and Pay. It was moved by Alderman Campbell that the City of Niagara Falls recommend a market value study with a base year of 1988. There was no seconder to the motion. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger that the report be received and filed. The motion Carried with the following vote: AYE: Aldermen Coville, Cummings, Harrtngton, Hinsperger and Pay. NAYE: Aldermen Campbell, Hopkins and Janvary. F-87-50 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $7,517,029.67 for the period ending September 28th, 1987, be approved by the passing of the by-law appearing later on the agenda. Alderman Harrington declared a conflict of interest on Cheque No. 27073 because his wife is a Past President of the organization. Alderman Hinsperger declared a conflict of interest on Cheque No. 27050 because he is employed with the company. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the report be received and adopted. The motion Carried with Aldermen Harrington and Hinsperger abstaining from the vote on Cheque Nos. 27073 and 27050 consecu- tively, on conflicts of interest previously recorded; and with all others voting in favour. F-87-51 - Chief Administrative Officer - Re: 1987 Debenture Issue- The report recommends that Council pass the resolution appearing on this evening's agenda requesting the Regional Municipality of Niagara to issue debentures in accordance with the term and amount as set out in the attached schedule. ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 72. Cl)-87-69 - Chief Ad~nistratlve Officer - Re: Highland Avenue Road Allowance - South Side of Bellevue Street. The report recommends that the Highland Avenue road allowance running south from Bellevue Street to Highway 420 be closed and conveyed to Mr. Fred Grigoroff, owner of 6343 Bellevue Street, for $7,200.00 which is the Opinion of Value; along with a fee of $100.00 for obtain- ing the Opinion; plus survey costs if a survey is required. ORDERED on the motion of Alderman Coville, seconded by Alderman Harrington, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 68 - PAY - COVILLB - RESOLVED that a message of condolence be forwarded to the family of the late Mrs. Audree Amelia Potter, a very highly respected resident of the City of Niagara Falls for many years, a very active and dedicated member of various organizations and her Church, and the mother of Alderman Paisley Janvary; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 69 - C~11~I~S !tINSPRRGER - RESOLVED that the unit prices submitted by Walker Brothers Quarries Limited for Supply, Treat and Stockpiling of Winter Sand - 1987-1988 Winter Season, be accepted at the low tendered amount of $96,000.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. -8- No. 70 - HINSPERGER - PAY - RESOLVED that the unit prices for the Rental of Snow Removal Equipment for the 1987-1988 Winter Season, submitted by the follow- ing companies, at the low tendered amount listed below, be accepted: 1) Montgomery Bros. Construction rental of two (2) 4-wheel drive front-end loaders 2) 3) 4) 5) Modern White Lines Ltd. rental of one (1) 4-wheel drive front-end loader L. Walter & Sons Excavating Ltd. rental of one (1) 4-wheel drive front-end loader and one (1) grader Pizzi General Contracting rental of two (2) graders and one (1) 4-wheel drive front-end loader Modern Crane rental of one (1) wing mounted truck plow and one (1) 4-wheel drive front-end loader AND the Seal of the Corporation be hereto affixed. - $ 45.00/hr.(1 unit) - 55.00/hr.(1 unit) - $ 52.00/hr.(1 unit) - $ 50.00/hr.(1 unit) 52.O0/hr.(1 unit) - $ 52.00/hr.(2 units) - 54.00/hr.(1 unit) - $ 78.00/hr.(1 unit) - 55.O0/hr.(1 unit) Carried Unanimously. No. 71 - CU~NGS - PAY - RESOLVED that the unit prices submitted by Steed & Evans Ltd., for Contract R.C. 29-87, Road Rehabilitation to Various Street - be accepted at the low tendered amount of $218,484.24; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 72 - PAY - HINSPERO~R - RESOLVED that 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 term and amount set out below, for the purpose of refinancing the existing debt of the Niagara Falls Hydro Electric Conmission with Ontario Hydro. Authorizing By-law O.M.B. Financing Retirement Number ~umber Request Term 87-120 E 870904 $700,000.00 10 years ; AND the Seal of the Corporation be hereto affixed. BY-LAWS Carried Unanimously. 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. 87-206 - A by-law to amend By-law No. 83-149, as amended,.being a by-law. to appoint municipal law enforcement officers. No. 87-207 - 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- pality. (Burdette Dr./Pettit Ave. & Cotwin Crese./Stokes St.). No. 87-208 - A by-law to amend By-law No. 3790, being a by-law for the- regulation of traffic. (Jubilee Drive). No. 87-209 - A by-law to authorize the execution of a release of covenants respecting Lot 22, Registered Plan 160 for the former Township of Stamford, now in the City of Niagara Falls. No. 87-210 - (Withdrawn). . . . · 9 -9- No. 87-211 - A by-law to authorize the execution of an agreement with Steed and Evans Limited for road rehabilitation on various streets. No. 87-212 - A by-law to authorize a subdivision agreement with Walco Developments Limited and others respecting West bleadow Plan of Subdivision. 87-213 - A by-law to authorize the execution of an agreement with Forest Glen Estates (Niagara) Limited respecting Forest Glen Estates Plan of Subdivision. No. 87-214 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Harrington and Hinsperger abstaining from the vote on By-law No. 87-214, on conflicts of interest previously recorded in Report No. F-87-50; and with all others voting in favour. 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. 87-206 - A by-law to amend By-law No. 83-149, as amended, being a by-law to appoint municipal law enforcement officers. No. 87-207 - 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- pality. No. 87-208 - A by-law to amend By-law No. 3790, being a by-law for the regulation of traffic. No. 87-209 - A by-law to authorize the execution of a release of covenants respecting Lot 22, Registered Plan 160 for the former Township of Stamford, now in the City of Niagara Falls. No. 87-210 - (Withdrawn). No. 87-211 - No. 87-2!2 - A by-law to authorize the execution of an agreement with Steed and Evans Limited for road rehabilitation on various streets. A by-law to authorize a subdivision agreement with Walco Developments Limited and others respecting West Meadow Plan of Subdivision. No. 87-213 - A by-law to authorize the execution of an agreement with Forest Glen Estates (Niagara) Limited respecting Forest Glen Estates Plan of Subdivision. No. 87-214 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Harrington and Hinsperger abstaining from the vote on By-law No. 87-214, on conflicts of interest previously recorded; and with all others voting in fayour. NEW BUSINESS ITEMS OF CONCERN: Reco~xition of Prominent Citizens Committee - Alderman Janvary expressed her appreciation to Council with respect to the flowers, cards, visits and expressions of condolence received at the passing of her mother, Mrs. Audree Amelia Potter. His Worship Mayor 8meaton conveyed condolences to her at this time. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the name of the late.Mrs. Audree Amelia Potter be forwarded to the - 10 - Committee/Evaluation of Policies on Arena Rentals - Alderman Janvary discussed the need to set up a Conunittee to evaluate policies in connection with Arenas. ORDERED on the motion of Alderman Janvary, seconded by Alderman Campbell, that a Committee, comprised of Aldermen Cummings, Hinsperger and Janvary who volunteered to act on the Committee, the Recreation Commission, citizens, and Staff meet to study and evaluate policies regarding the rental of Arenas. Carried Unanimously. OV Slo-Pitch Tournament-Rainy Days - Ald. Janvary referred to complaints she had received regarding the ruts caused by cars driving around the portable school buildings during rainy days at the OV Slo-Pitch Tournament, and expressed the opinon that the cost for repair of the property should not be the responsibility of the City. Niagara Falls Day/Regional Niagara Exhibition - Alderman Janvary referred to the decision to deny a grant to the Regional Exhibition, and expressed the opinion that since Niagara Falls talent participated on Niagara Falls Day at the Exhibition, the City of Niagara Falls should purchase advertising in the Regional Exhibition brochure, and further that the City should support the Regional Exhibition. City of Cambridge/Tandem Trucks - Alderman Pay referred to previous correspondence from the City of Cambridge regarding tandem truck trailers on Provincial highways, and advised that several Municipalities had expressed opposition to the situation at the recent A.M.O. Conference in Toronto. Alderman Pay suggested forming a resolution similar to that made by the City of Cambridge. The Clerk advised that the M.T.C. and the Ontario Truckers Association had been approached regarding this matter. His Worship Mayor Smeaton asked that information received with respect to tandem truck trailers be included on the Agenda for the next meeting of City Council. He suggested further that Mr. Glen Gandy, Chairman of the Chamber of Commerce should be contacted regarding this matter. Assessment for Site Acquisition/Second Water Pollution Control Plant - Alderman Pay referred to a letter received from the Regional Niagara Public Works Department, and included in the Information for Council communications, regarding the Class Environmental Assessment for Site Acquisition for a Second Water Pollution Control Plant in the City of Niagara Falls. He stated that the suggestion by the Region that a meeting be held to consider the matter, would be helpful and important to the south end of the City, and expressed the view that the City should be involved. ITENS OF lnTISREST: Fire Department Opem House - Alderman Harrington invited members of Council to volunteer their participation in games of competition at the Open House of the Niagara Falls Fire Department scheduled for October 4th, 1987. It was moved by Alderman Cun~nings, seconded by Alderman Coville, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, MAYOR / WIL~IV'~S~S~A+0N THIRTY-FOURTH MEETING COMMITTEE OF THE WHOLE Committee Room #2 October 5, 1987 Council met on Monday, October 5th, 1987, at 6:30 p.m. in Committee of the Whole. All members of Council, with the exception of Aldermen Cheesman, Harrington and Hinsperger, were present. Alderman Janvary presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose without reporting. ~ ~D ~OPTED, REGULAR MEETING Council Chambers October 5, 1987 Council met on Monday, October 5th, 1987 at 7:30 p.m. for the purpose of considering regular business. All members of Council, with the exception of Aldermen Chessman, Harrtngton and Hinsperger, were present. His Worship Mayor Smeaton presided as Chairman, and 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 September 28th, 1987, he adopted as printed. Carried Unanimously. DEPUTATIONS REGIONAL COUNCIL/COIeIUNICATION PROBLEMS - Regional Councillor Peter Sobol discussed his concerns regarding the proposed Free Trade Agreement between the United States and Canada; a recent Regional decision to allow Walker Brothers Quarries dump site to be used by outside sources, suggested that this should be given further consideration by Council; and expressed concern with respect to misunderstandings in connection with communications between Regional Council and City Council. UNFINISHED BUSINESS NIAGARA ROAD 49 (BIGGARROAD) & NIAGARA ROAD 98 (NONTROSE ROAD). - Commmtcation No. 321 - Regional Niagara Office of the Clerk - Re: Traffic Control at Niagara Road 49 (Biggar Road) and Niagara Road 98 (Montrose Road). The Clerk advised that he had received information from Regional Councillor Merrett that another project was being deferred to 1988, and that the flashing light would be installed in 1987. ORDERED on the motion of Alderman 3anvary, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimousl7. -2- R-87-39, NIAGARA FALLS MEMORIAL AIHINA TIME CLOCK - R-87-39 - Chief Administrative Officer - Re: Niagara Falls Memorial Arena Time Clock Sponsorship Information.(REPORT F-87-47, ITEM 2 TABLED 1987 09 21). The report provides information regarding Council's request to contact the four corporate sponsors, and that the sponsors desire a decision with respect to their proposals presented to the Finance Committee on February 14th, 1987. The report suggests that a decision be made this evening. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the recommendation in Report No. FC-87-47, Item 2, that Staff be authorized to prepare contracts for private sponsorship of a time clock at Niagara Falls Arena be received and adopted. It was further recommended that Report No. R-87-39 be received and filed. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Coville, Hopkins, Janvary, Orr, Pay and Puttick. NAYE: Alderman Cummings. ~ I"ORDERED on'the motion of Alderman Puttick, seconded by Alderman Orr, that Staff~Be ~i~ed'~ed,~ review the policy on arena rental rates and submit a report to Council. Carried Unanimously. APARTmeNT BUILDING INCIMERATORS- Co~mnication No. 304 - Ninistry of the Environment - Re: Apartment Building Incinerators. The communication refers to a proposed regulation to ban apartment building incinerators, and requests comments by November 15, 1987.(REFERRED TO STAFF FOR REPORT, 1987 09 21). The Director of Buildings and Inspections recommends that Council receive and file the notice from the Ministry, because the regulation would not be effective until December 31st, 1988, if passed, and would affect only two apartment buildings in the City of Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and filed, and further, that the owners of the two apartment buildings mentioned above be advised accordingly. Carried Unanimously. REARYARD DRAINAGE/9615 DEVON DRIVE - Report No. NW-87-175 - Municipal Works Committee - Re: Rearyard Drainage Problem at 6915 Devon Drive - Mr. R. Van Marten. The report attaches Report No. MW-87-181 to the Municipal Works Committee, and recommends that the report be received and filed for information. Mr. Van Manen was in attendance. , ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the communication received by Mayor Smeaton and these two Aldermen be referred to the Chief Administrative Officer for investigation. Carried Unanimously. COMMUNICATIONS No. 322 - R~gioual Niagara - Re: 1987 Annual Financial Report. The communication attaches copies of the 1986 Annual Financial Report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the communication be received and filed. Carried Unanimously. No. 323 - Nlnistry of Municipal Affairs - Re: Pay Equity Seminars. The communication attaches information regarding Pay Equity Seminars. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the communication be received and fileds and as many Council members as possible attend. Carried Unanimously. -3- No. 324 - Royal Canadian Air Cadets - Re: Annual Church Parade - October 18th, 1987. The communication requests a Parade Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the request be approved. Carried Unanimously. No. 325 - Corporation of the City of Barrie - Re: Council Motion 87-A-557, Resolution. The communication asks Council to support a resolution to the Province of Ontario, requesting that the Province assume a greater responsibil- ity for sharing costs of construction and equipment for new hospitals. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the resolution be endorsed. Carried Unanimously. No. 326 - The Canadian Red Cross Society, Niagara Falls Branch - Re: Proclamation. The communication asks Council to proclaim the week of October 18th to 24th, 1987 as "Visiting Homemakers' Week". ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the request be approved subject to established policy. Carried Unanimously. No. 327 - Ontario Society of Occupational Therapists (O8OT) - Re: Proclamation. The communication asks Council to proclaim the week of October 26th to 31st, 1987 as "National Occupational Therapy Week". ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the request be approved subject to established policy. Carried Unanimously. No. 328 - Niagara Falls Hydro Electric Cor~misslon - Re: Commissioners' Salaries, December 1, 1986 to November 30, 1987. The communication asks Council to approve the rate of increase for Commissioners' Salaries. During the discussion, His Worship Mayor Smeaton reviewed his concerns regarding the recent incident concerning the Chairman of the Hydro Commission, and advised that he would distribute the minutes of the Commission meeting to Council members. Staff was asked to submit a report regarding the responsibil- ities of elected and appointed Hydro Commission members. ORDERED on the motion of Alderman Coville, seconded by Alderman Orr, that the request be approved. The motion Carried with the following vote: AYE: Aldermen Campbell, Coville, Cummings, Hopkins, Janvary, Orr and Pay. NAYE: Aldermen Baker and Puttick. REPORTS FI)-87-07 - Chief Administrative Officer - Re: Niagara Falls Fire Department 1986 Annual Report. The report recommends that the attached Annual Report be received and filed. Staff was commended on an excellent report. It was requested that copies of the Annual Report be forwarded to the Library and local schools for informational purposes. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. B-87-78 - Chief Administrative Officer - Re: Site Plan Approval - Proposed 3 Unit Townhouse Dwelling, 5999 Dunn Street. The report recommends that the Council approve the site plan on display at tonightts meeting, being a proposed 3 unit townhouse dwelling and the site plan being drawing number 1 dated June 23rd, 1987 as revised, and filed with the Buildings and Inspections Department of the City of Niagara Falls on September 30th, 1987, and that such approval be subject to the conditions contained in the report. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. B-87-79 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Additional Parking Area and Additional Commercial Space, 6240 Thorold Stone Road, AM-44/86. The report recommends that Council pass the by-law on tonightts agenda to make it clear that the subject land be under Site Plan Control. It is further recommended that the Council approve the site plans on display at tonight's meeting, being a proposed parking area and commercial building addition and the site plan being drawing number SP-1 dated September 1st, 1987, and the site servicing plan being drawing number M-1 dated May 1985, as revised and filed with the Buildings and Inspections Department of the City of Niagara Falls on September 29th, 1987, and that such approval be subject to the condi- tions outlined in the report. 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, Campbell, Coville, Hopkins, Orr, Pay and Puttick. NAYE: Aldermen Cummings and Janvary. See By-law No, 87-215. B-87-80 - Chief Achsinistrative Officer - Re: Site Plan Approval - Proposed 20 Unit 2 Storey Motel Addition, Universal Motor Lodge, 6002 Stanley Avenue. The report recomends that the Council approve the site plan on display at tontght's meeting, being a proposed motel addition and the site plan being drawing number 1, and filed with the Buildings and Inspections Department of the City of Niagara Falls on September 30th, 1987 and that such approval be subject to the conditions contained in the report. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. B-87-81 - Chief Administrative Officer - Re: Site Plan Approval - Proposed 50 Unit 4 Storey Hotel, Stanley Avenue (east side, south of Robinson Street). The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed hotel and the site plan being drawing number 1 and filed with the Buildings and Inspections Department of the City of Niagara Falls on September 30th, 1987, and that such approval be subject to the condi- tions included in the report. ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. B-87-82 - Chief Administrative Officer - Re: Proposed Addition - St. John Ambulance Association, 5734 Glenholme Avenue. The report recommends that Council approve of a proposal by the St. John Ambulance for a second storey addition to the existing building at 5734 Glenholme Avenue. ORDERED on the motion of Alderman Pay, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. R-87-38 - Alderman Paisley Janvary - Re: William "Soup" Campbell Plaque Dedication. The report provides information regarding the efforts made by William "Soup" Campbell and others with respect to the Man-A-Mile Relay Race as well as Mr.Campbell's participation as a volunteer in many organizations, and discusses the unveiling of the plaque in his honour. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that the report be received and filed. Carried Unanimously. ~ CD-87-70 - Chief Administrative Officer - Re: Proposed Plan of Subdivision - "Westview Estates" - Owner: A. & C- Marcon; File No. 26T-87012. The report recommends that the "Westview Estates" Subdivision be approved subject to the conditions enumerated in the report. ORDERED on the motion of Alderman Baker, seconded by Alderman Pay, that the report be received and adopted. Carried Unanimously. CD-87-71 - Chief Administrative Officer - Re: Proposed Plan of Subdivision - "Belleview Estates" - Owner: Peter RadoJcic (In Trust); File No. 26T-87009. The report recommends that the "Belleview Estates" Subdivision be approved subject to the conditions enumerated in this report. Staff was commended with respect to the report. ORDERED on the motion of Alderman Pay, seconded by Alderman Hopkinss that the report be received and adopted· Carried Unanimously. ~w-87-175 - Chief Administrative Officer - Re: Contract R.C. 28-87 - Curb & Cutter and Base Asphalt Construction in Carol Subdivision. This report and By-law No. 87.-210 were withdrawn from the agenda. 5 14W-87-186 - Tipping Fees/Disposal Restrictions Ad Hoc Committee - Re: Increase in Maximum Fine for Disposal of Waste at the City's Landfill Site from Outside of Niagara Falls. The report recommends that By-law No. 6867, 1965, as amended, be amended to increase the maximum fine to $2,000.00. ORDERED on the motion of Alderman Coville, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with the following vote: AYE: NAYE: Aldermen Baker, Campbell, Coville, Cummings, Hopkins, Janvary, Pay and Puttick. Alderman Orr. See By-law No. 87-218. NW-'87-187 - Chief Administrative Officer - Re: Contract R.M. 30-87, 1987 Tender - Crack Sealing. The report recommends that the unit price submitted by Provincial Pavement Marking, a Division of 463051 Ontario Ltd., be accepted for the above contract. ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously% See Resolution No. 73. See By-law No. 87-219. F-87-52 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $412,334.96 for the period ending October 5th, 1987, be approved by the passing of the by-law appearing later on the agenda. Alderman Hopkins declared a conflict of interest on Cheque No. 27217 because he is personally involved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and adopted. The motion Carried with Alderman Hopkins abstaining from the vote on Cheque No. 27217 on a conflict of interest previously recorded; and with all others voting in favour. F-87-53 - Finance Committee - Re: Committee Reports: The report recommends that Council endorse the following: l) Chippava Lions Club Financial Request for Santa Claus Parade - - That the City contribute $1,000.O0 to assist the Chippawa Lions Club with their 1987 Santa Claus Parade; ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the recommendation be received and adopted. Carried Unanimously. 2) 1987-1988 PRIDE Program - - That the City proceed with a 1987-1988 PRIDE Program with the commitment of $375,000.00 towards the project. ORDERED on the motion of Alderman Cummings, that the recommendation be received and adopted. following vote: seconded by Alderman Baker, The motion Carried with the AYE: Aldermen Baker, Campbell, Cummings, Hopkins, Janvary, Orr and Puttick. NAYE: Aldermen Coville and Pay. See Resolution No. 74. C-87-22 - Chief Administrative Officer - Re: Incentive Program for Civic Employees - United Way. The report recommends that Council approve an extra five days~ vacation for the winners of the two draws of the Cityts 1987 United Way Incentive Program. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. 6 RESOLUTION No. 73 - PAY - CI~NGS - RESOLVED that the unit prices submitted by Provinciai Pavement Marking, a Division of 463051 Ontario Ltd., for Contract R.M. 30-87 - 1987 Tender for Crack Sealing, be accepted at the low tendered amount of $15,180.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 74 - CUI~4INGS - BAKER - RESOLVED that the Ministry of Municipal Affairs be advised of the formal acceptance by the City of Niagara Falls of a Provincial grant in the amount of $375,000.00 for the 1987-1988 PRIDE Program, and that the City of Niagara Falls contribute a like amount for a total of $750,000.00, to be allocated to the Downtown PRIDE project. AND the Seal of the Corporation be hereto affixed. The motion Carried with Aldermen Coville and Pay voting contrary; and with all others voting in favour. BY-LAWS 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, 87-210 - Withdrawn. 87-215 - 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. (614129 Ontario Inc., 6240 Thorold Stone Rd.; Report PD-87-75 including recommendations that site plan agreement apply to whole of applicant's lands, adopted by Council June 8, 1987). No, 87-216 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. (O.P.A. 158). No, 87-217 - A by-law to authorize an amending agreement with Niagara Employment Agency Inc. carrying on business under the firm name and style of Niagara Recycling. No, 87-218 - A by-law to amend By-law No. 6867, 1965, as amended, being a by-law regulating the handling, collecting and disposal of garbage, ashes and other refuse. No, 87-219 - A by-law to authorize the execution of an agreement with 463051 Ontario Limited, carrying on business as Provincial Pavement Marking for crack sealing on various road ~urfaces in the City of Niagara Falls. No, 87-220 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cummings and Janvary voting contrary on By-law No. 87-215 as previously recorded in Report No. B-87-79; Alderman Orr voting contrary on By-law No. 87-218 as previously recorded in Report No. MW-87-186; Alderman Hopkins abstaining from the vote on By-law No. 87-220 on a conflict of interest previously recorded in Report No. F-87-52; 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. 87-210 - Withdrawn, So, 87-215 - 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 Acts 1983· ' 7 No, 87-216 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. No. 87-217 - A by-law to authorize an amending agreement with Niagara Employment Agency Inc. carrying on business under the firm name and style of Niagara Recycling. No. 87-218 - A by-law to amend By-law No. 6867, 1965, as amended, being a by-law regulating the handling, collecting and disposal of garbage, ashes and other refuse. No. 87-219 - A by-law to authorize the execution of an agreement with 463051 Ontario Limited, carrying on business as Provincial Pavement Marking for crack sealing on various road surfaces in the City of Niagara Falls. No, 87-220 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cummings and Janvary voting contrary on By-law No. 87-215; Alderman Orr voting contrary on By-law No. 87-218; Alderman Hopkins abstaining from the vote on By-law No. 87-220 on a conflict of interest previously recorded; and with all others voting in favour. NEW BUSINESS ITEMS OF CONCERN: Payments to Kelly Services - In reply to questions raised by Alderman Orr, the Personnel Director explained that legal secretaries had been employed temporarily through Kelly Services and Manpower; and further, that it is not a policy of the City to hire only unemployed persons. Aband.,0~.ed T._rafle.r/Dorchester Road - Alderma~ Cu;~fh~:~'~eques'~ed that Staff investigate and move the trailer which has been apparently abandoned on Dorchester Road, between Towers Plaza and Freeman Street. GO Transit System to Niagara Falls - Alderman Pay advised that he would be making a presentation to the Regional Public Works Committee on October 6th, 1987 at 3:30 p.m., with respect to the Regional Municipality of Niagara becoming involved with the studies concerning the extension of GO Transit System service to Niagara. He referred to the letter of support forwarded to the Region from City Council, and invited members of Council to accompany him to the Committee meeting in order to become more involved. Increased Truck Lengths/Weights - Alderman Pay referred to the request of Council for additional information with regard to increased truck lengths/weights; and discussed the danger to other :vehicles if the current legislation is amended to allow the increase requested by the Canadian Trucking A~sociation. ORDERED on the..motion of Alderman Pay, seconded by Alderman Orr, that the City of'N~a &[a~!l~ ~pprove a resolution opposing the requested twin trailers and forwa~ 'i~ ~B .t~e Minister of Transportation. and further, that the City of Niagara Falls be given an oppertunity to address the issue directly, prior to any implementation of the proposed legislation. The motion Carried with the following vote: AYE: Aldermen Baker, Campbell, Coville, Cummings, Hopkins, Janvary, Orr and Pay. NAYE: Alderman Puttick. Outside Garbage to Niagara - Alderman Pay discussed his concerns regarding garbage from outside the Region of NIagara being brought into this areas and to Walker Brothers Quarries. ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that City Council notify the Region that this Municipality is not in favour of having garbage from outside this Region being brought into the Niagara Falls dump site. Following further discussion it was moved by Alderman Coville, seconded by Alderman Campbell that the matter be tabled for further information, and a report from Staff at the next meeting of Council. The motion to table which took precedence, Carried with the following vote: AYE: NAYE: Aldermen Baker, Campbell, Coville, Cummings, Hopkins, Janvary and Puttick. Aldermen Orr and Pay. The meeting adjourned. -9- SMEATON Skunk Comtrol - Alderman Janvary discussed complaints she had received regarding the City's policy in connection with the control of skunks in residential versus apartment areas. The Chief Administrative Officer stated that a discussion should be held with respect to this policy. It was requested that the matter be referred to Staff. Site Plan Control/Garbage Bins - In response to questions raised by Alderman Janvary, the Director of Municipal Works advised that Site Plan Control includes the placement of garbage bins. It was moved by Alderman Janvary, seconded by Alderman Coville, that Council adjourn to Committee of the Carried Unanimously. ~_the~.~ READ AND ADOPTED, Committee Room #1 October 5, 1987 Council met on Monday, October 5th, 1987 at 8:40 p.m. in Committee of the Whole, following a regular meeting. All members of Council, with the exception of Aldermen Cheesman and Hinsperger, were present. HissWorship Mayor Smeaton presided as Chairman. Following consideration of the arose without reporting. presented, the Committee of the Whole READ AND ADO MAYOR Council Chambers October 5, 1987 Council reconvened in formal session on Monday, October 5th, 1987 following a meeting in Committee of the Whole. All members of Council, with the exception of Aldermen Cheeeman and Hinsperger, were present. His Worship Mayor 8meaton presided as Chairman.