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Minutes1995COMMITTEE OF THE WHOLE Committee Room #1 January 9, 1995 Counc~ met on Monday, January 9, 1995 at 7:15 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Pietrangelo, were present. Alderman Shirley Fisher presided as Chairman. Fofiowing consideration of the items presented, the Committee of the Whole did not rise and report. READ AND ADOPTED, MAYOR WAYNE THOMSON REGULAR MEETING Council Chambers January 9, 1995 Council met on Monday, January 9, 1995 at 7:30 p.m. for the purpose of considering 'Regular Business. All members of Council, with the exception of Alderman Pietrangelo, were present. Alderman Shirley Fisher offered the Opening Prayer. ADOPTION OF MINUTES Alderman Puttick requested that the minutes of December 19, ~994 reflect that Alderman Pat Cummings and Alderman Norm Puttick were appointed to the Niagara Falls Canada Visitor & Convention Bureau for the 1995-1997 term. Alderman Janvary requested that the minutes of December 19, 1994 reflect that Alderman Victor Pietrangelo serve as Council representative on the Recreation Commission for the interim term. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that the Minutes of the Regular Council Meeting of December 19, 1994 be adopted as amended. Carried Unanimously. DISCLOSURES OF PECUNIARY INTERESTS Aldermen Campbell, Hendershot and Janvary indicated a pecuniary interest on Report F-95-01, Cheque No, 208540, because the recipient is their employer. · Alderman Creitor indicated a pecuniary interest on Report F-95-01, Cheque No. 208580, because he sits on the Board as a volunteer member. Alderman Ward indicated a pecuniary interest on RepF~rt F-95-01, Cheque No, 208349, because he has a business relationship. -2- -3- COMMUNICATIONS Communication No. 01 - Niagara Council on Smoking and Health - Re: Proclamation. The communication requests Council proclaim the week of January 16 to January 23, 1995 as "National Non-Smoking Week". ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the request be approved subject to established policy. Carried Unanimously. His Worship Mayor Thomson referred to correspondence received from the Niagara Council on Smoking and Health inviting a member of Council to attend a luncheon on Wednesday, January 11, 1995 at the Allanburg Education Resources Centre in Thorold. ORDERED on the motion of Alderman Craitor, seconded by Alderman Ward, that Alderman Puttick attend the Niagara Council on Smoking and Health luncheon as the City's representative. Carried Unanimously. Communication No. 02 - Victorian Order of Nurses (VON), Niagara Branch - Re: Proclamation. The communication requests Council proclaim the week of January 22 to January 28, 1995 as "National 'Victorian Order of Nurses Week". ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the request be approved subject to established policy. Carried Unanimously. Communication No. 03 - Robert Norminton, f0770 Willoughby Drive - Re: Proposed Hunting By-law. The communication expresses concerns regarding suggested amendments to the proposed hunting by-law. ORDERED on the motion of Alderman Fisher, seconded by Alderman Susin, that the matter be referred to the Hunting By-law Sub Committee. Carried Unanimously. Communication No. 04 - City of Welland, City Clerk - Re: Resolution. The communication requests Council support a resolution opposing any increase by the Regional Municipality of Niagara in Sewage Treatment charges or cost of water for the year 1995. ORDERED on the motion of Alderman Susin, seconded by Alderman Ward, that the communication be received and filed. The motion Carried with Alderman Creitor voting contrary to the motion and with a~ others voting in favour. Communication No. 05 - Mario DeBiasi, Allwood Construction - Re: Licence to operate as a Building Renovator. The communication expresses concams regarding outside contractors being permitted to work in Niagara Falls without a licence. ORDERED on the motion of Alderman Susin, seconded by Alderman Fisher, that the matter be referred to staff. Carried Unanimously, Communication No. 06 - Social Planning Council of Niagara Falls - Re: Casino issue. The communication advises that the Social Planning Council wishes to assist in the development of a development plan preparing for a casino in the community. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the matter be referred to the Casino Committee. Carried Unanimously. Communication No. 07 - Margaret Harrlngton, MPP Niagara Falls - Re: Good Roads Convention. The communication requests that a list of Niagara Falls' priorities be presented to the Hon. Mike Faman, the Minister of Transportation at the Good Roads Convention. ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that the matter be received and filed for the information of Council. Carried Unanimously. Communication No. 08a) - Social Planning Council of Metropolitan Toronto - Re: Funding Cuts to the Social Planning Council; - AND - Communication No. 08b) - The Social Planning Council of Peel - AND - Communication No. 08c) - Ontario Social Development Council - The communications indicate support of the Social Planning Council of Niagara Falls and request Council reconsiderorion to restore funding to the Social Planning Council of Niagara Falls. ORDERED on the motion of Alderman Orr, seconded by Alderman Fisher, that Communications 8a), 8b) and 8c) be received and filed for the information of Council. Carried Unanimously. Following some discussion, it was ORDERED on the motion of Alderman Campbell seconded by Alderman Volpatti, that the Social Planning Council be advised that the matter has been deferred until a meeting can be held at their convenience to discuss the issue. The motion Carried with Alderman Orr voting contrary to the motion and with all others voting in fayour. Communication No. 09 - Golden Horseshoe Ventures Inc. - Re: Sewer installation. The communication requests Council consider and approve the supply of sewers to the industries situated on Montrose Road, including the Ford Glass Plant and Day-Timers of Canada Ltd. ORDERED on the motion of Alderman Campbell, seconded by Alderman Janvary, that the matter be ~eferred to staff. Carried Unanimously. ~ REPORTS PD-95-Of - Chief Administrative Officer - Re: Request for Extension to Draft Plan Approval; Greenway Estates, 26T~90002 (Revised). The report recommends the fo~owing: 1. That a Council resolution supporting a one-year extension to the Greenway Estates Draft Plan of Subdivision be adopted conditional upon the applicant maintaining the appropriate subdivision sign which complies with Municipal and Regional requirements; 2. That a copy of this report and Council's resolution be forwarded to the Regional Municipality of Niagara. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. PD-95-03 - Chief Administrative Officer - Re: Request for Extension to Draft Plan Approval; Parkway Acres; 26T-870fO. The report recommends the following: f. That a Council resolution supporting a one-year extension to the Parkway Acres Draft Plan of Subdivision. be adopted conditional upon the applicant re-erecting the appropriate subdivision sign which complies with Municipal and Regional requirements; 2. That a copy of this report and Council's resolution be forwarded to the Regional Municipality of Niagara. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. PD-95-05 - Chief Administrative Officer- Re: Waste Disposal Site (Transfer); Amendment to Provisional Certificate of Approval Marine Clean Limited; 6220 Don Murle Street. The report recommends the following: f. That Council offer no objections to the proposed amendment to the Provisional Certificate of Approval for a Waste Disposal Site (Transfer); 2, That a copy of this report be sent to the Ministry of Environment and Energy. d ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried with Alderman Susin abstaining from the vote on a conflict of interest because of the close proximity to the property he owns and with all others voting in favour, R-95-02 - Chair, Arts & Culture Commission - Re: Appointment to the Arts & Culture Commission. The report recommends that Council select two appointees to serve on the Arts & Culture Commission. Following a vote by secret ballot, it was ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that Mr. John Anstruther and Mr. Gordon West be appointed to the Arts & Culture Commission. Carried Unanimously. See By-law No. 95-03 R-95-03 ~ Chief Administrative Officer- Re: f996 Ontario Municipal Recreation Association Conference (O.M.R.A.). The report recommends that Council officially respond to the Ontario Municipal Recreation Association and accept hosting the 1996 OMRA Conference. ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. F-95-Of - Chief Administrative Officer- Re: Municipal Accounts. The report recommends that the accounts totalling $15,992,063.45 for the period ending January 9, 1995, be approved by the passing of the by-law appearing later on the agenda. Further information was requested on Cheque Nos. 208538; 208451 and 208702. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. The motion Carried with Aldermen Campbell, Craitor, Hendershot, Janvary and Ward abstaining from the vote on conflicts of interest previously noted and with all others voting in fayour. See By-law 95-02 RATIFICATION OF FINANCE COMMITTEE MATTERS OF DECEMBER f5, f994 ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the actions taken on the following matters by the Finance Committee with respect to the 1995 budget on December 15, 1994 be approved. Report FC-94-33 - 1995 Water Budget and Water Rates and Service Charges - that Report FC-94-33 - 1995 Water Budget and Water Rates and Service Charges be approved - Alderman Orr Opposed; Report FC-94-34 - 1995 Capital Construction Budget - that Capital Construction Project MW-95-20 scheduled for Lyons Creek Parkway be designated as a Priority I Project - Aldermen Craitor, Hendershot and Volpaffi Opposed; that City staff investigate conditions at the Lundy's Lane Museum (i.e. washrooms) and report back by January 15th on their needs and estimated cost of renovations. To approve Report FC-94-34 - 1995 Capital Construction Budget with the amendments as noted; Report FC-94-35 - 1995 Current Operating Budget - that staff'report back to the Committee as to the basis of calculating grants-in-lieu for th.e different City agencies; That the $40,000 budgeted for new street lights be apportioned on the basis of $30,000 urban and $10,000 rural; 6. To approve the 1995 Current Operating Budget with the exception of permissive grants, boards, agencies and commissions - Mayor Thomson, Aldermen Campbell, Craitor, Pietrangelo and Susin Opposed; 7. To deny the Niagara Promotion Associafion's request for funding in the amount of $80,000 and that the Association utilize their reserves of $90,000 for the 1995 Blossom Festival Parade. If requested by the Association, it is recommended that City staff be asked to assist in future endeavours - Alderman Volpatti Opposed; Alderman Campheft abstained on a conflict of interest,' 8. That the Social Planning Council's request for funding in the amount of $80,000 be adjusted to $40,000 and that funding from the City of Niagara Falls would terminate effective July 1, 1995 - Mayor Thomson, Aldermen Campbell, Craitor, Hendershot and Volpatti .Opposed; 9. That Project Share be funded at the 1994 level,' 10. That a report be brought forward confirming there is no City Council representation on the Project Share Board and, ff such be the case, that City Council representation be mandatory; That Report FC-94-35 - 1995 Current Operating Budget be approved with the , amendments as noted. The motion Carried with the following conflicts of interest noted: Alderman Cummings indicated a conflict with respect to Niagara Promotion Association because a family member is employed with the agency, and to the Stamford Centre Volunteer Fireman's Association because he is a member; Alderman Susin indicated a conflict with respect to Capital Construction Project MW-95-13 as a family member owns property in the area, and to the Willoughby Fire Department as members of his family are volunteer firefighters; Alderman Craitor indicated a conflict with respect to the Occupational Heath Centre because he serves on the Board; Alderman Campbell indicated a conflict with respect tO the Niagara Promotion Association because a family member is involved with the organization; Alderman Volpatti indicated a conflict with respect to Project Share because she serves on the Board of Directors; Alderman Orr indicated a conflict with respect to Capital Construction Project MW-95-5 because a family member owns property in the area and with all others voting in favour. CD-95-Of - Chief Administrative Officer - Re: Council Appointment to the Niagara Falls Volunteer Bureau Inc. The report recommends that City Council appoint an Alderman to serve as Council representative on the Niagara Falls Volunteer Bureau Inc. ORDERED on the motion of Alderman Craitor, seconded by Alderman Ward, that Alderman Wayne Campbell be appointed as Council representative on the Niagara Falls Volunteer Bureau Inc. Carried Unanimously. B Y-LA WS ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 95-0f A by-law to authorize the execution of an amending agreement with Her Majesty the Queen in right of the Province of Ontario as represented by the Minister of Municipal Affairs respecting a Provincial-Municipal Infrastructure Program for Valley Way, Chippawa-Willoughby Arena, Stanley Avenue and Morrison Street. 95,02 A by-law to authorize monies for General Purposes (JanuarY 09, 1995). 95,03 A by-law to provide for appointments to certain Boards, Commissions and Committees (Arts & Culture Commission & N,F. Volunteer Bureau Inc,) -6- The motion Carried with Aldermen Campbell, Craitor, Hendershot, Janvary and Ward abstaining from the vote on By-law No. 95-02 on conflicts of interest previously noted and with aft others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the following by-laws be now read a second and third time: 95.01 A by-law to authorize the execution of an amending agreement with Her Majesty the Queen in right of the Province of Ontario as represented by the Minister of Municipal Affairs respecting a Provincial-Municipal Infrastructure Program for Valley Way, Chippawa-Willoughby Arena, Stanley Avenue and Morrison Street. 9~-0 2 A by-law to authorize monies for General Purposes (January 09, 1995). 9~.03 A by-law to provide for appointments to certain Boards, Commissions and Committees (Arts & Culture Commission & N.F. Volunteer Bureau Inc.) The motion Carried with Aldermen Campbell, Craitor, Hendershot, Janvary and Ward abstaining from the vote on By-law No. 95-02 on conflicts of interest previously noted and with all others voting in fayour. NEWBUSINESS Stop Sion on Crowland Avenue His Worship Mayor Thomson referred to correspondence from Andrew Britton Fisher and Dr. Andrew A. Fisher expressing concems regarding speeding vehicles on Crow/and Avenue and requesting that a stop sign be installed on Crow/and Avenue. ORDERED on the motion of Alderman Ward, seconded by Alderman Janvary, that the matter be referred to staff. Carried Unanimously. Letter of Condolence ORDERED on the motion of Alderman Hendershot, seconded by AIderman Volpatti, that a letter of condolence be forwarded to the family of the late Stella Howlerr, a life-long resident of the community; Office Manager of the Visitor and Convention Bureau and Chair of the the Niagara Falls Bridge Commission. Carried Unanimously. Dorchester Manor Alderman Hendershot referred to correspondence from the nursing staff of Dorchester Manor expressing concems regarding rotating shift work and requesting Councirs assistance in the matter, ORDERED on the motion of Alderman Hendershot, seconded by Alderman Creitor, that the matter be referred to the Human Resources Committee at the Regional Municipality of Niagara. Carried Unanimously. Noxious Odours at Grew Rich Alderman Hendershot informed that he had received complaints from a resident, Mrs. Gibson regarding noxious odours being emitted from Grow Rich and requested that a reportbe prepared regarding the matter. - 7- ORDERED on the motion of Alderman Hendershot, seconded by Alderman Janvary, that a report be prepared regarding the noxious odours emitted from Grow Rich. Carried Unanimously. Buildincl and Property Conditions ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that a report be prepared regarding the condition of buildings and derelict property opposite Arby's on Lundy's Lane. Carried Unanimously. M.P.'s Pensions Alderman Puttick referred to correspondence from the Treasury Board of Canada providing information regarding pension benefits for Members of Parliament and submitted the correspondence to the City Clerk. Past President's Minor Hockey Tournament Alderman Craitor provided information regarding the Past Presidenrs Minor Hockey Tournament which he had attended on behalf of His Worship Mayor Thomson. Golden Horseshoe Junior B's Hockey Leaclue Alderman Craitor thanked Mayor Thomson for his attendance at the 3rd All Star Game of the Golden Horseshoe Junior B's Toumament. Alderman Craitor thanked Mr. Buddy Lowe and staff for the efforts put forth for the tournament. AntiQue Car Classics Alderman Ward referred to the Festival of Lights Antique Car Classics event being held on January 13-15, 1995 at the SkyIon Tower and invited everyone to attend. Handicap Parkinn Alderman Cummings requested a report regarding handicap parking, signage and compliance. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that a report be prepared regarding handicap parking, signage and compliance. Carried Unanimously. SurDlUs City Property ORDERED on the motion of Alderman Cummings, seconded by Alderman I~endershot, that staff compile a list of surplus city-owned property for future sale. Carried Unanimously. -8- ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON COMMITTEE OF THE WHOLE Committee Room #2 January 16, 1995 Council met on Monday, January 16, 1995 at 6:45 p.m. in Committee of the Whole. All members of Council, were present. Alderman Selina Volpatti presided as Chairman. Following consideration of the items presented, the Committee of the Whole reported in open session. READ AND ADOPTED, PLANNING MEETING Counc~ Chambers January 16, 1995 Council met on Monday, January 16, 1995 at 7:30 p.m. for the purpose of considering Planning Matters and Regular Business. All members of Council, were present. Alderman Selina Volpatti offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTEREST Alderman Bruce Ward indicated a pecuniary interest on Report PD-94-11, AM- 36/94, because he owns land abutting the property. Alderman Victor Pietrangelo indicated a pecuniary interest on Report L-95-04 because of his involvement in a similar case before the judicial courts. CURRENT PLANNING MATTERS PD-95-f f - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-36/94, Ornamental Concrete Ind. Ltd., 3579 Stanley Avenue. The report recommends the fo~owing: 1. That Counc~ approve the requested Zoning By-law amendment to permit an ornamental concrete products plan on the lands; 2. That the amending by-law include an increased building height.provision to permit a f5m (49 ft.)storage silo; That the lands be made subject to Site Plan Control in order to ensure that improvements are made to the site and to assist in implementing the zoning requirements. - AND - Communication No. fO - Ministry of Natural Resources. as having no objection to the application. The communication advises -2- - AND - Communication No. 11 - CN North America, Engineering & Environmental Services. The communication provides the following comments: 1. That the Applicant/Owner shall install and maintain at his own expense, a chain link fence of minimum 1.83m height along the mutual property line; That any proposed alterafions to the existing drainage pattem affecting Railway property must receive prior concurrence from the Railway and be substantiated by a drainage report to the satisfaction of the Railway. - AND - Communication No. 12 - Regional Municipality of Niagara, Servicing Review and Approvals. The communication advises as having no objections to the application. His Worship Mayor Wayne Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance with Regulations by First Class mail and publication in the Niagara Falls Review on December 16, 1994. His Worship Mayor Thomson received indication that Mr. Kaveh Etezadi, was in attendance on behalf of the applicant and received a negative response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development referred to the subject property with the assistance of posted sketches and reviewed the following information included in Technical Report No. PD-95-02; Nature of the Amendment; Planning Review; Background; Official Plan; Nature of the Zone Change; Site Analysis; Site Plan Review; and the Public Notification Process. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of, or opposed to the application. Mr. Etezadi referred to the implementation of site plan control and that consideration be given to a phased-in site plan control agreemenL Since no j'urther comments were forthcoming, His Worship Mayor Thomson declared the Pubtic Meeting with regard to Application AM-36/94 closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the application be approved and that staff meet with the applicant to consider the matter of site plan control and report back. The motion Carried with Alderman Ward abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Janvary, seconded by AIderman Cummings, that the communications be received and filed. Carried Unanimously, PD-95-12 - Chief Administrative Officer- Re: Zoning By-law Amendment Application; AM-35/94, Edel & Tlbor Palatin; 10894 WIIIodell Road. The report recommends the following: -3- 1. That Council approve the requested Zoning By-law amendment to permit an existing single-storey building to be changed from a farm office and lunch room to a dwelling to house farm employees, and to permit a future pork products retail oufiet on the farm; 2. That the amending by-law stipulate that the dwelling is for farm employees and timit the floor area of the pork products rotaft outlet to a maximum of 148 sq. m (1,600 sq. ft.); 3. That the amending by-law be conditional upon the dedication of a 3.0 m (9.8 ft.) wide road widening strip and the payment of applicable development charges. - AND - Communication No. 13 - Regional Niagara, Planning and Development Department. The communication advises as being in support of the application subject to concerns being addressed in the communication. - AND - Communication No. 14 - Regional Servicing Review and Approvals. The communication advises as having no objections to the rezoning application. - AND - Communication No. 15 - Niagara Peninsula Conservation Authority. The communication advises as having no objection to the application. His Worship Mayor Wayne Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance with Regulations by First Class mail on December 16, 1994. His Worship Mayor Thomson received indication that Mr. Palatin was in attendance, and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development referred to the subject property with the assistance of posted sketches and reviewed the following information included in Technical Report No. PD-95-04; Nature of the Amendment; Planning Review; Background; Official Plan; Impact; Nature of the Zone Change; and the Public Notification Process. His Worship Mayor Thomson received a negative response to his request for comments from persons, other than the applicant or his agent, in support of the application, and received a negative response from persons opposed to the application. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-35/94 closed. ORDERED on the motion of Alderman Fisher, seconded by Alderman Susin, that the application be approved and adopted. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the communications be received and filed. Carried Unanimously.. PD.95-14 - Chief Administrative Officer - Re: Official Plan & Zoning By. law Amendment Application; AM-34/94, Kelly Crawford, 6768 Garner Road. The report recommends that Council deny the requested Official Plan and Zoning By-law amendment to permit a rataft store in the existing garage on the lands, - AND - Communication No. 16 - Slovak, Stockton, So~citors. The communication requests that the matter be deferred until a future date, as the Solicitor for the applicant is in the hospital. - AND - Communication No. 17 - Huard Engineering, 7000 Garner Road. expresses opposition to the application. The communication - AND - Communication No. 19 - Joseph Futino, 6916 Garner Road. indicates strong opposition to the application. The communication - AND - Communication No. 19 - Regional Niagara, Planning and Development Department. The communication questions the appropriateness of the proposal in light of the City being in the process of examining the detailed planning requirements for the area; and suggests that the City complete the study prior to consideration of further development of the site. - AND - Communication No. 20 - Regional Servicing Review and Approvals. The communication advises as having no objections to the rezoning application. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be fo~owed under the Planning Act. Mayor Thomson referred to correspondence from the Solicitor for the applicant requesting that consideration of the application be deferred until a future date. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Susin, that the matter be deferred. Carried Unanimously. MISCELLANEOUS PLANNING MATTERS PD-95-07 - Chief Administrative Officer- Re: Comments on the City of Thorold's Draft Comprehensive Zoning By-law. The report recommends that the City of Niagara Falls offer no objections to the City of Thorold's proposed zoning by-law, but requests consideration be given to increased front yard depth and outdoor storage requirements in the Light Industrial zone abutting the Municipal boundary, as outlined in this report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. PD-95-13 - Chief Administrative Officer- Re: Proposed Addition to the Spanish Aero Car Facilities; Niagara River Parkway, Southwest of Victoria Avenue. The report recommends that Council receive and file this report regarding the above subject development proposal ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Orr, that the report be received and filed for the information of Council. Carried UnanimousIv. His Worship Mayor Thomson introduced and welcomed Mr. Gordon Howard from the Niagara Fails Review to Council. REGULAR COUNCIL MATTERS ADOPTION OF MINUTES Aldermen Campbell requested that the Minutes of December 15, 1994 reflect that he was not in attendance at the ratification of the Finance Committee actions due to a prior commitment. ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that the Minutes of the Special Meeting of Councfi of December 15, 1994 and the Minutes of the Regular Meeting of January 9, ~995 be adopted as amended. Carried Unanimouj. REPORTS MW-95-03 - Chief Administrative Officer- Municipal Parking & Traffic Committee Recommendations of December 20, 1994 Meeting. The report recommends the following: MW-94-240 - Glenholme Avenue - Traffic Operations - that ~) an all-way stop control be installed at the intersection of Glenholme Avenue at High Street; 2) that an all-way ~top control be installed at the intersection of Glenholme Avenue at .. Leeming Street; and 3) that an all-way stop control be installed at the intersection of Glenholme Avenue at Cook Street; 2. Stanley Avenue Parking Lot #17 - Lease Renewal - that ~) the lease with the Regional Municipality of Niagara be renewed for 1994-95 at $~.00; and 2) that the lease be extended at the same rate of a $1.00 per year, until the Niagara Falls Transportation Study has been completed; 3. Mount Carmel Blvd. - Traffic Operations - that 1) the existing yield signs be replaced with stop signs at the following intersections: Southwood Drive at Mount Carmel Blvd., Bernadette Crescent at Mount Carmel Blvd. and Matthews Drive at Mount Carmel Blvd., and 2) that a crosswalk be painted at the intersection of Mount Carmel Blvd. and Bernadette Crescent. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. See By-law No. 95-07 ,See B.y-law No. 95-08 ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, that the actions taken on the following matters by the Municipal Works Committee, earlier this evening, be approved: f. Approval of Minutes of November f 1, f995 Municipal Works Committee Meeting; 2. Waste Management Transition Feasibility Study - that the presentation on the Waste Management Transition Feasibility Study for the Regional Municipality of Niagara be received and filed for information; and that the Region be advised, in writing, reaffirming the City's support for Regional assumption of jurisdiction for waste management and urging that this matter be brought back to area Municipal Councils as quickly as possible - Opposed: Alderman Susin; 3, MW-95-15 - Guardian Drug Store (Queen Street) - Request to Lease Parking Spaces - That the recommendation contained in Report MW-95-~5 be approved and that the City lease twenty (20) spaces in Lot #3 to Guardian Drugs from mid-March to September 1, 1995 at the rate of $28.75/month/space/ and that Mr. & Mrs. Lalani be commended for their contribution to the Downtown area through their redevelopment proposal - conflict of interest - Alderman Cummings; 4. MW-95-02 - Municipal Works Department - Building Division Report for November & December - that the report be received and filed for information; MW-95-07 - Mewburn Road Watermain Consulting Services Agreement - that the firm of Proctor Redfern Limited be retained to carry out the design for the watermain on Mewburn Road, and that the By-law be approved; MW-95-08 - Water Master Servicing Plan - that the City retain the firm of Gore & Storrie Limited as the Consultant to undertake the Water Master Servicing Plan at a cost not to exceed $200,000 and that the By-law appearing on tonighrs Council Agenda be approved; MW-95-f l - Ontario Good Roads Association f995 Annual Conference - that Alderman Norm Puttick be appointed to attend the Ontario Good Roads Association 1995 Annual Conference (February 19th to 22nd, 1995); MW-95-12 - Citizen Appointees to Niagara North Board of Waste Management Public Liaison Committee - that John Anstruther and Bruce Cowan be appointed to serve on the Niagara North Board of Waste Management Public Liaison Committee - Opposed: Mayor Thomson; Aldermen Volpatti, Pietrangelo. MW-95-f3 - Handicapped Parking By-law - Status Report - that the Report be received and filed for information. See By-law No. 95-05 F-95-02 - Chief Administrative Officer- Re: Municipal Accounts. The report recommends that the accounts totalling $1,037,889.83 for the period ending January 16, 1995, be approved by the passing of the by-law appearing later on the agenda. Further information was requested on Cheque Nos. 208785; 208788; 208791; 208826 and 208927. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. See By-law No. 95-09 L-95-02 - Chief Administrative Officer- Re: Establishment of Certain Lands as a Highway. (Dunn Street & Oakes Drive). The report recommends that Council establish the lands (daylighting triangle) described as Part I on Reference Plan 59R-8925, attached hereto, as a highway and to be part of Dunn Street and Oakes Drive. ORDERED on' the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. L-95-04 - Chief Administrative Officer - Procedure for the Issuance of Building Permits on Testamentary Devise. The report recommends that this report be received and filed for information. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and filed for information. The motion Carried with Alderman Pietrangelo abstaining from the vote on a conflict of interest because of l~is involvement in a similar case before the judicial courts and with all others voting in favour. L-95-07- Chief Administrative Officer- Re: Property Standards Order; Michael Horvat, 4846 Ontario Avenue. The report recommends that the Corporation retain a wrecking contractor to forthwith complete the work which Michael Horvat was directed to carry out under the Order of the Properly Standards Officer, namely: demolish the building and remove aft debris and rubbish from the site. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted. Carded Unanimously, CD-95-02 - Chief Administrative Officer- Re: Special Occasion Permit; Niagara Falls Pirates. The report recommends that Council indicate it has no objection to the issuance of a Special Occasion Permit to the organization listed in this report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously.. CD-95-03 - Chief Administrative Officer - Re: AM-6/94, Restricted Area By-law 94- 297; Aldo & Corinne Giammattolo. The report recommends that Council reaffirm its approval of By-law 94-297, in order that the Clerk may notify the Ontario Municipal Board at the same time as he forwards the By-law and letter of objection to the Board with the request for a Hearing. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimouslv; RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the actions taken on the following matters by Committee-of-the-Whole, earlier this evening, be approved: 1) That the Appeal in respect to lan Ferguson and the City of Niagara Falls matter be withdrawn and that the Solicitor be authorized to take all the necessary st~l~s with respect to that regard; 2. That staff be authorized to enter into negotiations with the Ministry of Transportation to acquire lands, on Kitchener Street, Victoria Avenue for proposed parking lot on a lease basis. The motion Carried. with Alderman Pietrangelo abstaining from the vote on a conflict of interest regarding the lan Ferguson matter and Aldermen Janvary, Puttick and Susin voting contrary to the motion on the lan Ferguson matter and with all others voting in favour. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 95-04 A by-law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. 95-05 A by-law to authorize the execution of an agreement with Proctor & Redfern to carry out design services respecting a new watermain on Mewburn Road. 95-06 A by-law to authorize the execution of an agreement with TryIon Manufacturing Company Ltd. respecting a communications tower for the Niagara Falls Fire Department. 95-07 A by-law to establish certain lands (daylighting triangle) as part of Dunn Street and Oakes Drive, being public highways. 95-08 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Stop Signs, Yield Signs) 95.09 A by-law to authorize monies for General Purposes (January 16, 1995). .Carried Unanimou_.~.~l ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the following by-laws be now read a second and third time: -8- 95-04 95-05 95-06 95-07 95-08 95-09 A by-law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. A by-law to authorize the execution of an agreement with Proctor & Redfern to carry out design services respecting a new watermain on Mewbum Road. A by-law to authorize the execution of an agreement with Try/on Manufacturing Company Ltd. respecting a communications tower for the Niagara Falls Fire Department. A by-law to establish certain/ands (daylighting triangle) as part of Dunn Street and Oakes Drive, being public highways. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Stop Signs, Yield Signs) A by-law to authorize monies for General Purposes (January 16, 1995). Carried Unanimously NEW BUSINESS Greater Niaclara Ministerial Association Mayor Thomson referred to correspondence from the Greater Niagara Ministerial Association regarding an invitation to attend an information session on January 17, 1995 at the Lundy's Lane United Church, with guest speaker Mr. Tibor Barsony of the Canadian Foundation on Compulsive Gambling (Ontario). Aldermen Puttick and Volpatti indicated their attendance. Alderman Campbell requested whether he could be provided with any further information as he was unable to airend. 1995 Ontario Winter Games Alderman Gary Hendershot advised that the Ontario Milk Marketing Board would be the major sponsor for the 1995 Ontario Winter Games. Street Signs on Victoria Avenue "" Alderman Pat Cummings referred to the Victoria Avenue Improvements and stated complaints had been received regarding the proper height of street signs on Victoria Avenue; he requested staff look into the matter to ensure that the signs are of the proper height. Social Planninq Council Discussions were held with respect to reconsiderafion of the Social Planning Counoil's grant request and their attendance at a future Finance Committee meeting. Alderman Puttick commented on Rule 28 of the Procedural By-law. The Solicitor provided clarification regarding the reconsideration of an issue and advised if a matter had been dealt with by Council previously, and the same subject matter was to be brought back for reconsideration, a motion had to be made by Council to determine if the matter should be heard again, -9- Following further discussion, it was ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, to re-open the matter and to provide an opportunity for the Social Planning Council, at their preference, to make a presentation at a Fincance Committee or Council meeting. The motion Carried with the following vote: AYE: Aldermen Campbell, Craitor, Cummings, Hendershot, Janvary, Pietrangelo, and Volpatti. NA YE: Aldermen Fisher, Orr, Puttick, Susin and Ward, Enclosures at Niaclara Falls Memorial Arena ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that staff be requested to investigate the cost of installing a small enclosure outside the Niagara Falls Memorial arena during the winter months for the use of smokers. Carried Unanimously. . . . . . Momentos for Reclistration Kits ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the matter of previding appropriate momentos for registration kits for the athletes attending the Ontario Winter Games be referred to the Mayor's Office and the CAO's office and that the recommendations be brought back to Council. Carried Unanimously.. Correspondence from Mr. Eric Wood Alderman Selina Volpatti referred to correspondence received from Mr. Eric Wood and was advised by Mayor Thomson that a full public hearing and debate had been held on the matter. Niaclara District Health Council Alderman Selina Volpatti referred to the Niagara District Health Councirs interest in receiving input from residents of Niagara Falls who have family members or friends who are mentally or physically challenged and would require a family network; and advised that interested individuals call Ms. Suzanne Witt at the toll free line of 685- 5332, or (905) 892-5773 for further information. Adult Entertainment Bv-law Alderman Kim Creitor, Chairman, Adult Entertainment Committee provided information on his attendance at the Police Services Board meeting and advised that a draft adult entertainment by-law was being prepared and would be circulated to all municipalities for their input. Niaaara Council on Smokinu and Health Alderman Kim Craitor discussed his attendance at the meeting of the Niagara Council on Smoking and Health; and reviewed a chart listing 17 No Smoking areas and advised that the City of Niagara Falls had No Smoking By-laws in place for all 17 areas, - 10 - Alderman Pat Cummings referred to an article in the Niagara Falls Review regarding negative comments from an individual from Niagara-on-the-Lake regarding tourism and tourists. Selmaration of Municipal Taxes ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, that a report be brought back to Council regarding the matter of the separation of municipal tax increases or decreases and outlining where the taxes came from to be noted on the tax bill. Carried Unanimously. Soorts Wall of Fame Alderman Shirley Fisher thanked everyone that had participated in the Sports Wall of Fame event on Sunday, January 15, 1995. ORDERED on the motion of Alderman Fisher, seconded by AIderman Cummings, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, REGULAR COUNCIL MEETING Council Chambers January 23, 1995 Council met on Monday, January 23, 1995 at 7:30 p.m. for the purpose of considering Regular Business. All members of Council, were present. Alderman Victor Pietrangelo offered the Opening Prayer. ADOPTION OF MINUTES Alderman Cummings requested that the Minutes of January 16, 1995 on the Social Planning Council matter indicate that the motion was to re-open the matter and to provide an opportunity for the Social Planning Council, at their preference, to make a presentation at a Finance Committee or Council meeting. ORDERED on the motion of Alderman Creitor, seconded by Alderman Orr, that the Minutes of the Regular Council Meeting of January ~6, 1995 be adopted as amended. Carried Unanimously. DISCLOSURES OF PECUNIARY INTERESTS Alderman Gary Hendershot indicated a conflict of interest on Report MW-95-14, because a family member was in the Union. WELCOME 6th Niaclara Scout Troop His Worship Mayor Thomson welcomed several members of the 6th Niagara Scout Troop working for their Bronze and Silver Citizenship Achievement Badges and accompanied by their Troop Leaders, Waily Cutts, Dave D'Orsay, Jason Main and Ken Thorne. PRESENTATIONS 1994 Christmas Liclhtincl Trillium Awards His Worship Mayor Thomson and Alderman Paisley Janvary, Chairman of the Committee, presented the f994 Christmas Lighting Trilllure Awards to the following individuals: Residential First: Douglas and Lanna Heximer; Edwin and Margie Webber; Residential Second: Arleen Harriman and Dean Harriman; Larry and Shirley Maraldo; Residential Third.' Warren and Dorothy Green; Marry and Penny Petrullo; Honourable Mention: Andrew and Laura Bynkoski; Philip and Kim Cody; Michael and Robin Gruyich. Commercial First: The Ginger Lily - Patricia and Gary Gunning; Commercial Second: Salvation Army Eventide Home - Harold Barnes; Commercial Third: The Secret Garden Restaurant - Betty golus & Bill Newman; La Residence Joie De Vivre - Gilles Gagnon and Absolon Gignac. -4 The motion Carried with Alderman Hendershot abstaining from the vote on a conflict of interest on Report MW-95-14; and Alderman Susin abstaining from the vote on a conflict of interest on Report MW-95-~6 and with a// others voting in favour. L-95-08 - Chief Administrative Officer - Re: PRW Excavating Contractors Ltd., Claim Against the City - $5,783.33 Settlement. The report recommends that this report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and filed for the information of Council. Carded Unanimously. CD-95.04 - Chief Administrative Officer- Re: f994 Municipal Election Summary. The report recommends the fo~owing: 1. That this report be received and filed for information; 2. That Council authorize staff to investigate and report on the purchase and use of electronic vote tabulation equipment for use in the 1997 Election. ORDERED on the motion of Alderman Fisher, seconded by Alderman Velpatti, that the report be received and filed for information; and further that the $27,000 in surplus funds be set aside in reserve for the purchase of electronic vote tabulation equipment. Carried Unanimously. RESOLUTION NO. 03 - PUTTICK - WARD - WHEREAS the Council of the Corporation of the City of Niagara Falls has recently received a presentation with respect to the Waste Management Transition Feasibility Study for the Regional Municipality of Niagara; AND WHEREAS the information presented supports the transfer of jurisdiction for Waste Management as being the most efficient and cost productive; NOW BE IT THEREFORE RESOLVED that the City of Niagara Falls reaffirms its support for Regional assumption of jurisdiction for waste management; AND FURTHER that this matter be brought back to the Area Municipality Councils as soon as possible; And The Seal of the Corporation be hereto affixed. The motion ~Carried with Aldermen Orr and Susin voting contrary to the motion and with all others voting in fayour. BY-LAWS. ORDERED on the motion of Alderman Pietrangelo, ~econded by Alderman Ward, that By-law No. 95-11 be withdrawn and that the issue be re-opened. Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary, that the matter of By-law 95-11 be referred to the Parking and Traffic Committee. Carried Unanimously. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 95-10 A by-law to authorize the execution of an agreement with Gore & Storrie Limited respecting a Water Master Servicing Plan Study. 95-11 95-12 WITHDRAWN A by-lew to amend By-law No. 79-200, as amended.(AM-22/94, Walker Heights Sub, St, David's Dev. Corp.) - 5 95-13 A by-law to amend By-law 85-238 respecting the classes of development that may be undertaken in site plan control. (AM-22/9,~, Walker Heights) Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the following by-laws be now read a second and third time: 95-f0 A by-law to authorize the execution of an agreement with Gore & Storrie Limited respecting a Water Master Servicing Plan Study. 95- f f WITHDRAWN 95-f2 A by-law to amend By-law No. 79-200, as amended.(AM-22/94, Walker Heights Sub. St. David's Dev. Corp.) 95-13 A by-law to amend By-law 85-238 respecting the classes of development that may be undertaken in site plan control. (AM-22/94, Walker Heights) Carried Unanimously.. NEW BUSINESS Banner Across Stanley Avenue Alderman Pat Cummings referred to a banner over Stanley Avenue which was in French. Alderman Gary Hendershot provided c/adficafion that the banner was in French on one side and in English on the other side advising of the upcoming 1995 Ontario Winter Games. Article in Niac~ara Falls Review Alderman Shirley Fisher referred to an article in the Niagara Falls Review from a visitor to the City thanking the City and Oscar's Restaurant for the hospitality extended during the New Years Eve celebrations. Alderman Pat Cummings suggested that such matters be referred to the Visitor and Convention Bureau. Licenslncl of Cats ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that the matter of licensing of cats be referred to the Humane Society. Carried Unanimously.. Parking on Dixon Street ORDERED on the motion of Alderman Creitor, seconded by Alderman Ward, that the matter of individuals parking on Dixon Street, parallel to Niagara College, be referred to the Parking and Traffic Committee. Carried UnanimousIv. -6 Recvclincl Subsidy Alderman Bruce Ward referred to his a~tendance at a recent event where Shirley Coppen, MPP, had presented a cheque from the Ministry in the amount of $182,000, which was the 1994 recycling subsidy for the group of municipalities involved with Niagara Recycling for the months of January to March, 1994; and advised that the municipality would receive approximately $70,000. Parkincl in the Downtown Area ORDERED on the motion of Alderman Ward, seconded by Alderman Volpatti, that the matter referred to in the correspondence from the Downtown Board of Management regarding Council's decision to allot parking spaces for a particular business in the downtown area be referred to the Parking and Traffic Committee for discussion. The motion Carrie.d. with Alderman Cummings abstaining from the vote on a conflict of interest because a member of his family is employed next door to the business; Aldermen Hendershot and Pietrangelo voting contrary to the motion and with all others voting in favour. Transport Trucks in front of Donut Shops ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the matter of transport vehicles stopping in front of donut shops be referred to the Pofice Department. Carried Unanimously. 't SI3eeding Vehicles aloncl Carl and Schisler Roads Mr. Fisher expressed concerns regarding speeding vehicles along Carl and Schisler Road. He was assured of the actions taken by Council to refer the matter to the Parking & Traffic Committee, that he would be invited to attend when the matter was discussed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED REGULAR COUNCIL MEETING Council Chambers January 30, 1995 Council met on Monday, January 30, 1995 at 7:30 p.m. for the purpose of considering Regular Business. All members of Council, were present. Alderman Paisley Janvary offered the Opening Prayer. ADOPTION OF MINUTES Alderman Fermino Susin requested that the Minutes of January 23, 1995, Page 4, Resolution No. 03 reflect that he had voted contrary to the motion. ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the Minutes of the Regular Council Meeting of January 23, 1995 be adopted as amended. Carried Unanimously. DISCLOSURES OF PECUNIARY INTERESTS Aldermen Campbell, Hendershot and Janvary indicated pecuniary interests on Report F-95-04, Cheque No. 209141, because the recipient is their employer. Alderman Cummings indicated a pecuniary interest on Report F~95-04, Cheque No. 209091, because the recipient is Acres. Alderman Hendershot indicated a pecuniary interest on By-law No. 95-14, because a member of his family is in the union. Alderman Volpatti indicated a pecuniary interest on Report F-95-04, Cheque No. 209192, because she is a member on the Executive Board of Project Share. Alderman Craitor indicated a pecuniary interest on the Social Planning Council of Niagara Falls matter because his employer is involved in funding the Social Planning Council grant; and indicated a pecuniary interest on Report F-95-04, Cheque 209158, because he sits as a member on the Occupational Help Board. Alderman Ward indicated a pecuniary interest on Report No. F-95-04, Cheque No. 209079, because he has a business interest with the firm; and indicated a pecuniary interest on By-law Nos. 95-17, and 95-18, because he owns property next door. DEPUTATIONS Heritaqe Week Orqanizin~l Committee - Re: Proclamation - requesting Council proclaim the week of February 20, ~995 to February 25, 1995 as "Heritage Week". ORDERED on the motion of Alderman Campbell, seconded by Alderman Hendershot, that the request be approved subject to established policy. Carried Unanimously. NO. 04 - CAMPBELL - HENDERSHOT- WHEREAS the third week in February will be celebrated as Heritage Week across Canada; and WHEREAS the City has a diverse cultural, social and historical background; and WHEREAS various activities are planned to promote, preserve and recognize the City's heritage; BE IT THEREFORE RESOLVED that February 20 to 25, 1995 be proclaimed as Heritage Week in the City of Niagara Falls; AND The Seal of the Corporation be hereto affixed. Carried Unanimously, -2- Mr. Bob Cormier, the Town Crier mad the proclamation and stated that aft citizens are encouraged to recognize the history and heritage of our community through cultural exchange, programs, projects and visits to historic sites, exhibits and commemorative events; and invited citizens to participate in events that would assist in the enrivhment and development of our understanding of our origins and history of our community and create a common identity; indicated that this years theme is "Experience The Power of Your Heritage" and that various activities and tours were planned to allow everyone to explore the history of electrical power generation. Mr. Sherman Zavjtz, the City's Historian, provided information on the events and activities being held during Heritage Week and invited everyone to attend. His Worship Mayor Thomson thanked Mr. Cormier and Mr. Zavitz for their attendance. , ,, ,, Social Planning Council of Niagara Falls Mr, AI Morellato, President, Board of Directors, Social Planning Council provided background information on the Social Planning Council; advised that the current recommended allocation of funds would be beyond the Social Planning Councirs capacity to manage and their future existance was questionable; reviewed the functions and services provided; discussed the four initiatives of the Social Planning Council which included the Healthy Community Project; the Multicultural Project; the Junior Social Planning Council; and the Regional Transportation Project. Mr. Morellato requested Council re-instate their funding for 1994 level of $80,000. - AND - Communication No. 22 - Correspondence from the Social Planning Council and letters of support for the Social Planning Council. - AND - Communication No. 23 - Correspondence supporting the Social Planning Counc~ - AND - Communication No. 24 - Correspondence from Margaret Nagy. The communication supports Council's decision regarding the Social Planning Council grant. Margaret Nagy expressed concerns regarding core-funding and "other funding"; referred to the change and focus of the Social Planning Council and the need of volunteers in direct services; discussed permissive grants and Federal and Provincial funding. Claire Gerencser, Executive Director, Welland Heritage Council and Multicultural Centre, provided clarification on what the multicultural project was all about; advised of the services provided to the ethnic communities in Niagara Falls and the sharing of resources and services. Julia Dernay, Executive Director, Social Planning Council, referred to the funding partners from the Ministry of Citizenship; the Department of Citizenship and Immigration Canada and the Ministry of Culture; referred to correspondence from the Department of Canadian Heritage in support of ~e Social Planning Council, She responded to questions raised and indicated that ~e senior level of government funding would be contingent on the core funding of the municipality, Alderman Kim Craitor indicated a conflict of interest on the matter because his employer, the Department of Immigration Canada would have an affect with respect to grant funding for the Social Planning Council, Alderman Puttick provided statietics supporting his opposition to the funding. -3- Following some discussion, it was ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that Council reinstate funding to the Social Planning Council to 1994 levels of $80,000. A recorded vote was requested. The motion was Defeated, with Alderman Craitor abstaining from the vote on a conflict of interest previously recorded, and with the following vote: Alderman Campbell AYE Alderman Cummings AYE Alderman Fisher NA YE Alderman Hendershot AYE Alderman Janvary AYE Alderman Orr NA YE Alderman Pietrengeto NA YE Alderman Puttick NA YE Alderman Susin NA YE Alderman Volpatti AYE Alderman Ward NA YE Mayor Thomson AYE Following further discussion, it was moved by Alderman Campbell, seconded by Alderman Volpatti, to re-instate funding to $75,000 for the 1995 budget in order that the Social Planning Council seek bridge funding for their continued operation in ~996. The motion was Defeated with Alderman Craitor abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Campbell, Cummings, Hendershot, Janvary, Volpatti and Mayor Thomson. NAYE: Aldermen Fisher, Orr, Pietrangelo, Puttick, Susin and Ward. .. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the communications listed on the ageride and the handout communications be received and filed. Carried Unanimously. Shriner's Woodlot Master Plan Prior. to considering further matters, Mr. Jim Diodati Jr., Vice Chairman, Recreation Commission requested that a letter of condolence be forwarded to the family of the late Keith Patterson, Finance and Committee Chair of the Recreation Commission. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that a letter of condolence be forwarded to the family of the late Keith Patterson, an active member of the Niagara Falls Recreation Commission. Carried Unanimously. Mr. Diodati Jr. advised that the Shriner's Woodlot Master Plan was a unique opportunity for the City to preserve a valuable deciduous urban forest while encouraging ecological awareness and requested that Council approve the report. Mr. Diodati introduced Mr. Jamie Douglas, who provided a brief overview of the Shriner's Woodlot Master Plan through posted sketches and included a series of pathways for a nature trail, naturalized areas and an informal gathering and seating area. Mr. Douglas requested Council approve the Shrinei s Woodlot Master Plan. ) - AND - Report R-95-09 - Chair, Recreation Commission - Re: Shriner's Woodlot Master Plan. The report recommends the following.' f. That Council approve the Shriner's Woodlot Master Plan; 2. That Council authorize staff to prepare the appropriate tender documentation for the development of Shriner's Woodlot. ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. -4 - COMMUNICATIONS Communication No. 25 - Rotary Club of Niagara Falls Sunrise - Re: Proclamation - requesting Council declare the week of February 19 to February 25, 1995 as "Rotary Week" in Niagara Falls. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the request be approved subject to established policy. Carried Unanimously. Communication No. 26- "The Friends of Scouting", Scouts Canada, Niagara District Council - Re: Proclamation - requesting Council proclaim the week of February 19 to February 25, 1995 as "Scout Guide Week". ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the request be approved subject to established policy. Carried UnanimousIv. Communication No. 27 - Ministry of Education and Training - Re: Proclamation - requesting Council proclaim the month of April as "Safe Schools Month ". ORDERED on the motion of Alderman Hendershot, seconded by AIderman Cummings, that the request be approved subject to established policy. Carried UnanimousIv. Communication No. 28 - Mr. Harold Warner - Re: Draft by-law. The communication expresses concerns regarding restrictions on rural area homeowners. ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher, that the matter be referred to staff and further that Mayor Thomson, Alderman Pietrangelo and Mr. Wamer meet to discuss the matter. Carried Unanimously. Communication No. 29 - f995 Winter Festival of Lights - Re: Executive Board of the Winter Festival of Lights. The communication requests that three Aldermen be appointed to serve on the 1995 Winter Festival of Lights Executive Board. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that Alderman Gary Hendershot, Alderman Selina Volpatti and Alderman Bruce Ward be appointed to serve on the 1995 Winter Festival of Lights Executive Board. Carried Unanimousiv. REPORTS MW-95-2f - Chairperson, Municipal Parking and Traffic Committee - Re: Guardian Drug Store (Queen Street) Request to Lease Parking Spaces; Municipal Parking Lot #3 - Update. The report recommends that Council's recommendation to lease 20 parking spaces in Municipal Parking Lot #3 for the period of mid March to September ~, 1995 at a cost of $28.75 per space per month to the Guardian Drug Store, be endorsed. ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher~ that the report be received and adopted. Carried Unanimously. MW-95-22 - Chief Administrative Officer- Re: Employment Contract for Waste Management Administrator. The report recommends that this report be received and filed for information. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the report be received and adopted. Ca~ed Unanimously. PD-95-f7- Chief Administrative Officer- Re: Temporary Re~ef From Compliance 'with Licence Condition - Walker Brothers Quarries. The report recommends that the City of Niagara Falls inform the Ministry of Natural Resources that it has no objections to the temporary relief from the licence condition on hours of operation provided; a) that the stripping of overburden should cease if a public compliant is received until such time as the complaint is resolved in a satisfactory manner,' and b) that the subject operation not be permitted on Sundays, statutory holidays, or after 12:30 p.m. on Saturdays. ORDERED on the motion of Alderman Ward, seconded by Alderman Creitor, ~at ~e report be received and adopted. The motion Canfed with Aldermen Cummings, Hendershot, Janvary and Pietrangelo voting contrary to the motion and with all others voting in fayour. -5- F-95-03 - Chief Administrative Officer - Re: Interim Levy By-law. The report recommends that Council approve the By-law that provides for a 1995 interim tax levy of realty taxes. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. See B -law No. 95-19 F.95-04 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,829,253.05 for the period ending January 30, 1995, be approved by the passing of the by-law appearing later on the agenda. Further information was provided on Cheque Nos. 209059 and 209024. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, that the report be received and adopted. The motion Carried with Aldermen Campbell, Craitor, Cummings, Hendershot, Janvary, Volpatti and Ward abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. See Byqaw No. 95-20 RATIFICATION OF FINANCE COMMITTEE MATTERS (Chairman, Alder/nan Pat Cummings) ~ ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the actions taken on the following matters by the Finance Committee, earlier this evening be approved: - Report R-95-08 - Urban Basketball League and Community Centre - to receive Report R-95-08 for information. Sheraton Fallsview - to relocate the Sheraton-Flamboro Teletheatre to the Plantation Club in Maple Leaf Village. Approval was also given to the establishment of another taletheatre at the Down Under located at 5355 Ferry Street. Appointment of Vice Chair, Finance Committee - that Alderman Wayne Campbell be appointed as Vice-Chair of the Finance Committee. Pitch-in Canada - to contribute $275 to Pitch-in Canada. Report FC-95-01 - Tax Balances at December 31, 1994 - to receive Report FC-95-01 for information. Niagara Falls Minor Hockey League - to approve a donation of $1,000 to the Niagara Falls Minor Hockey League to assist the Niagara Falls Major Poewee '~AAA " Team to participate in the 36th Quebec International Peewee Hockey Tournament being held February 9 to 19, f995 - Alderman Orr declared a conflict of interest because a relative is a member of the Peewee '~,AA" Team. Portable Signs By-law - to establish an Ad Hoc Committee with staff and Aldermanic representation to review the existing portable signs by-law and make recommendations. Mayor Thomson, Aldermen Fisher and Ward .volunteered to sit on the Committee. Further, it was recommended that the Queen's Hotel be advised that the portable signs by-law is under review and ~eir sign may remain until such time as the review is finalized. The motion Carried. with Alderman Orr abstaining from the vote on a conflici of interes~ on the Niagara Falls Minor Hockey League matter and with all others voting in favour. , -6- CD-95-05 - Chief Administrative Officer- Re: Appointment to Niagara Falls Board of Museums. The report recommends that members of Council consider the submission by the Niagara Falls Board of Museums Chairman, Bob Foley, that Council appoint Mr. Gord West as the final appointment to complete the Board's complement of members. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that Mr. Gord West be appointed to the Niagara Falls Board of Museums. Carried Unanimously. RESOLUTIONS NO. 05 - WARD - FISHER - RESOLVED THAT the Counc~ of the Corporation of the City of Niagara Falls petitions for subsidy under the provisions of The Public Transportation and Highway Improvement Act on expenditures made during the year 1994; And The Seal of the Corporation be hereto affixed. The motion Carried with Alderman Susin voting contrary to the motion and with all others voting in favour. NO. 06 - JANVARY - CUMMINGS - BE IT RESOLVED that a letter of condolence be forwarded to the family of the late Keith Patterson, an active member of the Niagara Falls Recreation Commission, serving as Finance Chair and Commission Chair, and a well-respected citizen of the community,' And The Seal of the Corporation be hereto affixed. Carried Unanimousiv. NO. 07 - SUSIN - ORR - BE IT RESOLVED that a letter of condolence be forwarded to the family of the late Angelina Pietrangelo, grandmother of Alderman Victor Pietrangelo; And The Seal of the Corporation be hereto affixed. Carried Unanimously. BY, LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that leave be granted to introduce the following by-laws, and the by*laws be read a first time: 95-14 95-15. A by-law to authorize the execution of an agreement with Laidlaw Waste Systems Ltd. respecting solid waste collection and hauling. A by-law to authorize the execution of a finance lease agreement with CDI Equipment Finance Inc. for the purpose of leasing certain computer equipment. 95'16 A by-law to amend By-law No. 75-20, being a by-law to regulate the supply of water and to provide for the maintenance and management of the water works and for the imposition and collection of water rates. 95-t7 A by-law to amend By-law No. 79-200, as amended (AM-36/94, . Ornamental Concrete Industries Ltd.) 95-18 A by-law to amend By-law No. 85-238, respecting the classes of development that may be undertaken in site plan control areas (AM-36/94, Ornamental Concrete Industries Ltd.) 95-19 A by-law that provides for a 1995 interim tax levy of realty taxes, 95.20 A by-taw to authorize monies for Genera/Purposes (January 30, 1995), - 7- The motion Carried with Aldermen Campbell, Craitor, Cummings, Hendershot, Janvary, Volpatti and Ward abstaining from the vote on conflicts of interest previously noted on By-law No. 95-20; Alderman Orr voting contrary to By-law No. 95-14; Alderman Hendershot abstaining from the vote on By-law No. 95j4 on a conflict of interest previously noted; Alderman Ward abstaining from the vote on By-law Nos. 95-17 and 95- 18 on a conflict of interest previously noted and with all others voting in layout. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the following by-laws be now read a second and third time: 95-f4 A by-law to authorize the execution of an agreement with Laidlaw Waste Systems Ltd. respecting solid waste collection and hauling. 95-15 A by-law to authorize the execution of a finance lease agreement with CDI Equipment Finance Inc. for the purpose of leasing certain computer equipmenL 95-f6 A by-law to amend By-law No. 75-20, being a by-law to regulate the supply of water and to provide for the maintenance and management of the water works and for the imposition and collection of water rates. 95-17 A b~-Iaw to amend By-law No. 79-200, as amended (AM-36/94, Ornamental Concrete Industries Ltd.) 95-18 A by-law to amend By-law No. 85-238, respecting the classes of development that may be undertaken in site plan control areas (AM-36/94 Ornamental Concrete Industries Ltd.) 95-19 A by-law that provides for a 1995 interim tax levy of realty taxes. 95-20 A by-law to authorize monies for General Purposes (January 30, 1995). The motion Carried with Aldermen Campbell, Craitor, Cummings, Hendershot, Janvary, Volpatti and Ward abstaining from the vote on conflicts of interest previously noted on By-law No. 95-20; Alderman Orr voting contrary to By-law No. 95-14; Alderman Hendershot abstaining from the vote on By-law No. 95-14 on a conflict of interest previously noted; Alderman Ward abstaining from the vote on By-law Nos. 95-17 and 95- 18 on a conflict of interest previously noted and with all others voting in fayour. NEW BUSINESS Magazine Article Alderman Cummings referred to comments made in a magazine article which had been submitted by Mr. Eric Wood. Miss Teen Nia~lara Pacleant Alderman Cummings referred to the Miss Teen Niagara Pageant and stated that Krista Bunn had been chosen as Miss Teen Niagara 1995; Sabrina Pirri and Jennifer Diplock were the Runners Up; Krista Bunn won the Fitness Competition with Katey Campbell and Kirsten Mclntosh as Runners Up; Katey Campbell won the Talent Competition with Jennifer Rode and Jennifer Diplock as Runners Up,' and stated that Kelly Fortin had been chosen to receive the Loretta Rae Friendship Award, , -8- Permissive Grants ORDERED on the motion of Alderman Votpatti, seconded by Alderman Pietrangelo, that an ad hoc committee be struck to investigate the issue of permissive grants and to report back to Council by August 31, 1995. The motion was Defeated with Alderman Campbell, Pietrangelo and Volpatti voting in favour and with all others voting contrary to the motion. Public Information Session Reclardinq Mountain Road Closure Alderman Volpatti requested an update regarding the Mountain Road Closure and was advised by Mayor Thomson that the matter would be discussed at a public meeting to hear all the concerns of the individuals that would be affected and that a report would be brought back to the Region. Identification Pass for Rural Residents ~ Sanitary Landfill Site Alderman Pietrangelo referred to an article in the Niagara Falls Review entitled "300 Niagarans have an identity crisis" and requested that the matter be investigated with respect to an identification pass for rural residents at the landfill site. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Susin, that the matter be referred to staff to investigate an identification pass for rural residents at the waste disposal site. Carried Unanimously. Payroll Services The Director of Finance responded to questions raised regarding payroll services and advised that payroll services would be assessed and information had been requested from several suppliers within a certain timeframe. Payment of Utilities bv Landlords His Worship Mayor Thomson referred to changes in legislation regarding non- payment of utilities by land/orals and advised that the municipa/ity, through legis/afion, could control the situation and keep the utilities on for the tenants. ORDERED on the motion of Alderman Ward, seconded by Alderman Fishel; that a report be brought back regarding the control of keeping utilities on by the municipality with a subsequent by-law regarding the matter. Carried UnanimousIv. Snorts Well of Fame Alderman Janvary advised that Cable 10 would be raplaying the Sports Wall of Fame event on February 4, 199~ at noon, and on February 9, ~995 at 7 p,m, -9- ORDERED on the motion of Alderman Puttick, seconded by AIderman Ward, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON COMMITTEE OF THE WHOLE Committee Room #2 February 6, 1995 Council met on Monday, February 6, 1995 at 7:15 p.m. in Committee of the Whole. All members of Council, were present. Alderman Victor Pietrangelo presided as Chairman. Following consideration of the items presented, the Committee of the Whole did not rise to report. READ AND ADOPTED, ~4 YOR WAYNE THOMSON REGULAR COUNCIL MEETING Council Chambers February 6, ?'995 Council met on Monday, February 6, ?'995 at 7:40 p.m. for the purpose of considering Regular Business. All members of Council, were presenL Alderman Fermino Susin offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that the Minutes of the Regular Council Meeting of January 30, 1995 be adopted as printed. Carried Unanimously. DISCLOSURES OF PECUNIARY INTERESTS Alderman Craitor indicated a pecuniary interest on Report F-95-05, Cheque Nos. 209368; 209372; 209389 because the recipient is his employer; and Cheque No. 209433, because his wife is employed by the company. Alderman Pietrangelo indicated a pecuniary interest on Report F-95-05, Cheque No. '209354, because the recipient is his employer. Alderman Susin indicated a pecuniary interest on Report F-95-05, Cheque No. 209382, because members of his family are volunteer firefighters. Alderman Ward indicated a pecuniary interest on Report F-95-05, Cheque No. 209236, because he has a business relationship; and indicated a oecuniary interest on Report PD-95-20, because he owns adjacent property. COMMUNICARONS Communication No. 30 - Heart and Stroke Foundation of Ontario - Re: Proclamation. The communication requests Council proclaim February I to February 28, 1995 as "Heart and Stroke Month" in Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the request be approved subject to established policy. Carried Unanimously. Communication No. 31 - The Kidney Foundation of Canada - Re: Proclamation - requesting that Council proclaim the month of March as "Kidney Month" in Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that ihe request be approved subject to established policy. Carried Unanimously. REPORTS MW-95-24 - Chairperson, Municipal Parking and Traffic Committee - Re: Municipal Parking and Traffic Committee Recommendations January 24, 1995 Meeting. The report recommends the following: MW-95-04 - Wanless Street - Parking Restriction Request - that parking be restricted on the south side of Wanless Street from Montrose Road, East, to the eastem limit of Wanless Street; 2. Kitchener St./Victoria Avenue Proposed Parking Lot - 1) that subject to successful lease negotiations with the Minister of Transportation to lease the lands bounded by Roberrs Street, Second Avenue, Kitchener Street and Victoria Avenue, that a Municipal Parking lot be constructed at a cost of approximately $177,000.00; 2) that the funds to construct this parking lot be allocated from the Parking Reserve Fund (over a ten-year debenture period). ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. Ratification of Community Services Committee Actions (Chairman, Alderman Gary Hendershot) ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the actions taken on the following matters by the Community Services Committee, earlier this evening be approved: . 1. Adoption of Minutes of the January 23, 1995 Community Services Committee meeting; 2. MW-95-23 - Niagara North Board of Waste Management (Approval of 1995 Budget and Cost-Sharing Percentages) - that the 1995 Interim Budget be approved, and the 1995 Cost-Sharing Percentages be received for information; 3. MW-95-25 - Lyons Creek Parkway - Legal Survey - that staff be authorized to obtain quotations from various Ontario Land Surveyors for a Legal Survey of existing Lyons Creek Parkway right-of-way that the City has maintained over the years; 4. MW-95-17 - Proposed Stopping Up and Closing of Mountain Road - that the .Region be advised that the City does not support the closure of Mountain Road between Townline Road and Beechwood Road. Carried Unanimously. PD-95-20 - Chief Administrative Officer- Re: Site Plan Approval, SPC-3/95; Ornamental Concrete Industries Ltd.; 3579 Stanley Avenue. The report recommends the following: 1. That Council approve the above subject site plan pursuant to Section 41 of the Planning Act,' 2. That the Chief Building Official be authorized to execute a Conditional Permit Agreement with the applicant on behalf of the City so as to expedite the issuance of a building permit. ORDERED on the motion of Alderman Cummings, seconded by AIderman Campbell, that the report be received and adopted. The motion Carried with Alderman Ward abstaining from the vote on a conflict of interest previously noted and with a~ others voting in favour. R-95-10 - Chair, Environmental Planning and Greening Committee - Re: R-95-10, Action Stemming from the Environmental Planning and Greening Committee Meeting of January f8, f995. The report recommends that Council endorse the action from the Environmental and Greening Committee Meeting of January 18, 1995. ORDERED on the mot[on of Alderman Janvary, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. R-95-11, Chair, '95 Ontario Winter Games Committee - Re: R-95-11, Ontario Winter Games AgreemenL The report recommends the following: 1. That the City enter into an agreement between Her Majesty the Queen in right of Ontario to stage the 1995 Ontario Winter Games; 2. That Council approve the By-law appearing later on this evening's agenda. ORDERED on the motion of Alderman Hendershot, seconded by AIderman Fisher, that the report be received and adopted. Carried Unanimously. See By-law No. 95-25 F-95-05 - Chief Administrative Officer- Re: Municipal Accounts. The report recommends that the accounts totalling $289,327.27 for the period ending February 6, 1995, be approved by the passing of the by-law appearing later on the agenda. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. See By-law No. 95-26 CD-95.06 - Chief Administrative Officer- Re: Council Representation - Project Share. Board of Directors. The report recommends that this report be received and filed for information. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that Alderman Selina Volpatti sit on the Project Share Board of Directors as Council representative and that the report be received and filed for information. Carried Unanimously. L-95-03 - Chief Administrative Officer - Re: Firearms Consolidation By-law; File 94- B3-133. The report recommends that Council approve of the by-law consolidating the firearms by-law and the minor amendments to the said by-law. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be deferred to the meeting of February 13, 1995. Carried Unanimously. L-95-09 - Chief Administrative Officer- Re: Sign Appfication; Mount Carmel Centre; 3930 Montrose Road. The report recommends that Council approve the application for a ground sign having a height of twenty-six feet, seven inches (26', 7'~ for Mount Carreel Centre on the east side of Montrose Road at Thorold Stone Road, ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Jan vary, that the report be received and adopted. Carried Unanimously, -4- RESOLUTIONS NO. 08 - CUMMINGS - HENDERSHOT- RESOLVED THAT the Council of the Corporation of Niagara Falls requests an allocation of subsidy funds for Transportation for Physically Disabled persons for the year 1994, in the amount of $6,029.00. And The Seal of the Corporation be hereto affixed. Carried Unanimously. NO. 09 - CUMMINGS - HENDERSHOT- RESOLVED THAT the Council of the Corporation of Niagara Falls requests an allocation of subsidy funds for public transportation for the year 1994, in the amount of $11,446.00. And The Seal of the Corporation be hereto affixed. Carried Unanimously. NO. 10 - CUMMINGS - HENDERSHOT - RESOLVED THAT the Council of the Corporation of Niagara Falls requests an allocation of subsidy under the provisions of The Public Transportation for the year 1995, in the amount of $30,500.00, Capital Assistance Program; and $93,713.00 for the Transit Operating Assistance Program' And The Seal of the Corporation be hereto affixed. ' Carried Unanimously. NO. 11 - CRAITOR - CUMMINGS - BE IT RESOLVED THAT a letter of support be forwarded to lan Strethern, a student at A.N. Myer High School, who had recently sustained a serious injury during a high school hockey game; AND The Seal of the Corporation be hereto affixed. Carried Unanimously. NO. 12 - SUSIN - PUTTICK - BE IT RESOLVED THAT a letter of condolence be forwarded to the family of the late Herman Damore, a well-respected citizen in the community; AND The Seal of the Corporation be hereto affixed. Carried Unanimously. NO. 13 - CUMMINGS - JANVARY- BE IT RESOLVED THAT a letter of condolence be forwarded to the family of the late Dr. Malcolm F. Vl411iams, a weft-respected surgeon of Niagara Falls; AND The Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ~ ORDERED on the motion ~f AIdetTnan Cummings, seconded by Alderman Fisher, that leave be granted to introduce the following by-laws, and the by-laws be read a first time.' 95-21 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Parking) .- - ' 95-22 DEFERRED. 95'23 95'24 A by-law to impose a sewage service rate. A by-law to provide for appointments to certain Boards, Commissions and Committees. 95,25 A by-law to authorize the execution of an agreement with Her Majesty the Queen in Right of Ontario for the purpose of ataging the 1996 Ontario Winter Games. - 96.26 A by-law to authorize monies for General Purposes (February 6, 1995). -5- The motion Carried with Aldermen Craitor, Pietrangelo, Susin, and Ward abstaining from By-law No. 95-26 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that the following by-laws be now read a second and third time: 95-21 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Parking) 95-22 DEFERRED. 95-23 A by-law to impose a sewage service rate. 95-24 A by-law to provide for appointments to certain Boards, Commissions and Committees. 95-25 A by-law to authorize the execution of an agreement with Her Majesty the Queen in Right of Ontario for the purpose of staging the 1995 Ontario Winter Games. 95-26 A by-law to authorize monies for General Purposes (February 6, 1995). The motion Carried with Aldermen Craitor, Pietrangelo, Susin, and Ward abstaining from By-law No. 95-26 on conflicts of interest previously noted and with all others voting in favour. NEW BUSINESS Letters of Condolence ORDERED on the motion of Alderman Susin, seconded by Alderman Puttick, that a letter of condolence be forwarded to the family of the late Herman Damore, a weft- respected citizen in the community. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that a letter of condolence be forwarded to the family of the late Dr. Malcolm F. Wiftiams, a weft-respected surgeon of Niagara Falls. Carried Unanimously. ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that a letter of support be forwarded to lan Strathem, a student at A.N. Myer High School, who had recently sustained a serious injury during a high school hockey game. Carried Unanimously. Reoional Police Budoet Alderman Shirley Fisher expressed her support of Mayor Thomson's comments on the proposed cuts to the Regional Police budget. Waste Credit Tax Svstem Alderman Kim Craitor requested information on the waste credit tax system. The Director of Municipal Works advised that a report on the matter would be forthcoming, Portable Siqns Alderman Kim Craitor referred to the ad hoc committee to review podable signs and advised that the Chamber of Commerce had expressed the desire to sit on the ad hoc committee. Ward System Committee Alderman Kim Craitor referred to his attendance at a meeting to obtain legal information on how the process works. He requested that members of Council volunteer to sit on the Ward System Committee. Folio_wing some discussion it was ORDERED onethe-motion'of Alderman Janvary, seconded by Alderman Orr, that Aldermen Cummings, Fisher, Pietrang~lo and Puttick sit qn the Ward System Committee. Carried Unanimously. Niaoara Falls Music Theatre Society Alderman Kim Craitor referred to correspondence from the Niagara Falls Music Theatre Society advising of an upcoming presentation of "The Lady's Not for Burning" being held at the Firehail Theatre with a portion of the proceeds being donated to the Niagara Falls Public Library. Happv Birthdav His Worship Mayor Thomson, on behalf of members of Council, provided best wishes to Mr. Larry Oates, Director of Municipal Works on the occasion of his birthday. Canadian Home Products Mayor Thomson referred to correspondence from Canadian Home Products regarding an article published in the Niagara Falls Review entitled "Home Products Workers in the Dark about Jobs" and providing clarification on their commitment to the employees and the community. Allency Review Format His Worship Mayor Thomson requested that Council be provided with information on the agency review formal Cancellation of Council Meetin~l ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangeio, that the Council meeting of February 20, 1995 be cancelled. Carried Unanimou. Sly.. ' ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, ~~ERK MAYOR WAYNE THOMSON COMMITTEE OF THE WHOLE Committee Room #2 February 13, 1995 Council met on Monday, February 13, 1995 at 6:00 p.m. in Committee of the Whole. All members of Council, were present. Alderman Paisley Janvary presided as Chairman. Following consideration of the items presented, the Committee of the Whole reported in open session. READ AND ADOPTED, MAYOR WAYNE THOMSON PLANNING MEETING Council Chambers February 13, 1995 Council met on Monday, February 13, 1995 at 7:30 p.m. for the purpose of considering Planning Matters and Regular Business. All members of Council, were presenL Alderman Judy Orr offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTEREST Alderman Kim Craitor indicated a pecuniary interest on Report F-95-06, Cheque Nos. 209697, and 209712 because the recipient is his wife's employer; and indicated a pecuniary interest on Report CD-95-07 because of the close proximity to his residence. Alderman Victor Pietrangelo indicated a pecuniary interest on Report F-95-06, Cheque No. 209556, because the recipient is his employer. Alderman Susin indicated a pecuniary interest on Report L-95-11 and on By-law NO. 95-30 because members of his family are volunteer firefighters. Alderman Bruce Ward indicated a pecuniary interest on Report F-95-06, Cheque No. 209493 because he is the owner of the company; and Report PD-95-28, because he has a business relationship. WELCOME 126th Niagara Falls Squadron His Worship Mayor Thomson welcomed members of the f26th Squadron who were in attendance for their citizenship training and were accompanied by their civilian instructor, John Den Ouden. -2- PRESENTATIONS As Mr. Gino Romeo was unable to attend Council to present a cheque to Project S.H.A.R.E, with respect to monies raised from the Inaugural ceremonies and the auction, it was noted by His Worship Mayor Thomson to Ms. Rexanne Felice, Executive Director, Project S.H.A.R.E that a cheque in the amount of $5,901.65 would be forthcoming to Project S.H.A.R.E on behalf of members of Council and the community. Ms. Fe~ce thanked His Worship Mayor Thomson and members of Council for their continued support. PLANNING MATTERS PD-95-15- Chief Administrative Officer- Re: Proposed Plan of Subdivision; Balmoral Court (Plan 2); 984307 Ontario Limited (S. Cardamone). The report recommends that the Planning Department be authorized to process the application for the Balmoral Court (Plan 2) Plan of Subdivision, and that a subsequent report be prepared for Councirs consideration based on the information received from various agencies, City departments and the public. His Worship Mayor Wayne Thomson declared that the purpose of the meeting is to provide the developer an opportunity to inform Council and the public about the proposed subdivision and receive public input. Mayor Thomson received indication that Mr. Sam Cardamone, developer, was in attendance and received a negative response to his request for a show of hands by persons present who were interested in the application. Mr. Sam Cardamone advised that the appfication was for the development of 40 single family affordable housing lots and responded to concerns regarding the total amount of proposed municipal land exchange. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Pubtic Meeting with regard to Report PD-95-15 closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted. PD-95-18 - Chief Administrative Officer o Re: Zoning By-law Amendment Application; AM-f3/94, South Side of Morrison Street; 488745 Ontario Limited (Mr. Joseph Cuviello). The report recommends that Council receive and file this report and approve the amending by-law appearing in Counclrs agenda which will add an ice cream parlour to the list of uses permitted on the lands. ' His Worship Mayor Wayne Thomson declared the Pubtic Meeting open and read the procedure to be fo~owed under the Planning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance with Regulations by First Class mail on January 13, 1995. His Worship Mayor Thomson received indication that Mr. Joseph Cuviello, applicant, was in attendance and received a negative response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clark prior to leaving the meeting, -3- The Director of Planning and Development provided information on the application and advised that one of the speciality uses, an ice cream pal/our, had advertently been missed when the by-law was prepared and requested that Counc~ approve the amending by-law to allow the specified use on the property. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of, or opposed to the application. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-13/94 closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously.. See By-law No. 95-27 PD-95-24 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-5/95, Pinecove Developments Limited; 5470 Drummond Road. The report recommends the 'following: 1. That Council approve the requested Zoning By-law amendment to permit a drive-thru establishment for the sale of prepared foods and beverages on the lands; 2. That the amending by-law specify that at least 15% of the site be landscaped; 3. That 3m (9.8 ft.) and 2.4m (8 ft.) road widenings on Drummond Road and Prospect Street, respectively, be dedicated and matters such as the number and location of entrances, landscaping and fencing be addressed at the time of Site Plan Approval. - AND - Communication No. 32 - The Regional Municipality of Niagara, Servicing Review and Approvals. The communication advises as having no objection to the zoning amendment and that the Regional requirements as specified in the communication be included in any subsequent agreemenL - AND - Communication No. 33 - Planning Department. The communication advises as having no objection to the app~cation. His Worship Mayor Wayne Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance with Regulations by First C/ass mail on January 23, 1995. His Worship Mayor Thomson received indication that Mr. Joseph Cuvielle, was in attendance and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development referred to the subject property with the assistance of posted sketches and reviewed the following information included in Technical Report No. PD-95-19, Nature of the Amendments; Official Plan; Physical ' Assessment; Nature of the Zone Change; Site Plan Control and the Public Notification Process, There was a positive response to Mayor Thomson's request for comments from persons, other ~an the applicant or his agent, in support of the application and received a positive response to his request of those opposed to the application. -4- -5- The Director of Planning and Development responded to concerns regarding ingress and egress entranceways and advised that this matter would be dealt with under site plan control and advised that the previous use had been eliminated. Mr. Sal DiPietro, Property Manager, Non-Profit Housing, advised that the Non- Profit Housing Board was in favour of the proposed development but expressed concerns regarding an adjacent driveway and the matter of a privacy fence; requested involvement in the site plan process. Ms. Bev Gilbert, 6147 Prospect Street, indicated opposition to the application; expressed concerns regarding a food operation in a residential area; the close proximity of a driveway next to the housing development and increased traffic in the area. Mr. Joseph Cuviello provided information on the intended use; clarified the issue of fencing; proper signange off Drummond Road. Mr. Cuviello requested Council approve the application and indicated that modifications could be made to the egress and ingress of the entranceways and stated that road widenings of Prospect Street be dealt with under the site plan control process. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-5/95 closed. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the Recommendations No. 1 and No. 2 as contained in the report be received and adopted and that Recommendation No. 3 be modified to indicate that road widenings on Prospect Street be included as part of the site plan process. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the communications be received and filed. Carded UnanimousIv. PD-95.25 - Chief Administrative Officer- Re: Official Plan and Zoning By-law Amendment Application; AM-38/94, Thorowest Plaza Ltd., 7611 Lundy's Lane. report recommends the following: The 1. That Council approve the amendments requested to the Official Plan and Zoning By- law to permit up to 465 sq.m (5,000 sq. ft.) of the plaza on the lands to be used for general retail purposes and to realign the zoning boundary to reflect a recent land exchange; 2. That the amendments be conditional upon the submission of an as-built site plan for Council's approval reflecting the new property line and any related changes to the site. - AND - Communication No. 34 - The Regional Municipality of Niagara. The communication advises as having no objections to the rezoning application. His Worship Mayor Wayne Thomson declared the Public Meeting open and read the procedure to be followed under the Planning AcL The City Clerk advised that the Notice of the Public Meeting had been given in accordance with Regulations by First Class marl on February 13, 1995 and by publication in the Niagara Falls Review on January 14, 1995. His Worship Mayor Thomson received indication that Mr. Dante Madnelli, was in attendance on behalf of the applicant and received a negative response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting, The Director of Planning and Development referred to the subject property with the assistance of posted sketches and reviewed the following information included in Technical Report No. PD-95-21, Nature of the Amendments; Background; Official P/an; Physical Assessment; Nature of the Zone Change; Site Plan Control and the Public Notification Process. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of, or opposed to the application. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-38/94 closed. ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communications be received and filed. Carried Unanimously. PD-95-29 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-4/95, River Realty Development (1976) Inc. East of Weinbrenner Road. The report recommends the following: 1. That Council approve the requested Zoning By-law amendment to permit the construction of a two-storey, 595 sq. m (6,400 sq. ft.) residence/conference building; 2. That the amending by-law be tailored to the size of the building; 3. That the amending by-law be conditional upon the inclusion of the development in the City's "Urban Service Area "; 4. That the development be subject to Site Plan Control to ensure the site is developed in a sensitive manner. - AND - Communication No. 35) - Regional Niagara, Planning and Development Department. The communication advises as having no objection to the proposed amendment, subject to an appropriate limit on the size of the proposed building and the protection of trees. Communication No. 36a) - The Regional Municipality of Niagara, Servicing Review and Approvals. The communication advises as having no objections to the rezoning application and provides comments regarding the sen/icing of the proposal. Communication No. 36b) - The Regional Municipality of Niagara, Servicing Review and Approvals. The communication provides further information regarding the Sanitary Sewage facilities, Communication No. 37 - Niagara Peninsula Conservation Authority. The ' communication advises as having no objection to the application. Communication No. 38 - Ministry of Culture, Tourism and Recreation. The communication recommends that only those lands to be directly impacted by construction and land disturbance work need be archaeologically assessed. Communication No. 39 - Sally P. Wilkle, 3082 Orbit Place. The communication. indicates that the reported use of the property is acceptable, but expresses concerns regarding the close proximity of the bu~ding to residences on Orbit Race and Regan Drive. His Worship Mayor Wayne Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance with Regulations by First Class mail on January 13, 1995. His Worship Mayor Thomson received indication that Mr. Stewart Branscombe, was in attendance on behalf of the applicant and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by- law submit thei~ names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development referred to the subject property with the assistance of posted sketches and reviewed the following information included in Technical Report No. PD-95-21, Nature of the Amendments; Background; Official Plan; Physical Assessment; Nature of the Zone Change; Site Plan Control and the Public Notification Process. The Director of Municipal Works advised that any extension of sewers would be at the expense of the developer. There was a positive response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a positive response in opposition to the application. Mr. Robert Foley, Executive Director of the Chippawa Battlefield Preservation Society, 4219 Briarwood, indicated support of the land usage and commended the developer for the efforts in preserving the historic battlefield site. Mr. A. Wintemute, 3098 Chipman Crescent, advised he was in support of the application and indicated the proposal was for a retreat not a resort. Mr. Joe Mango, 3135 Cattell Drive, expressed concerns regarding what assurances did Council have that the parcel of land would not be sold to contractors; requested clarification regarding the lands fronting onto a municipal road and type of access; questioned the type of sewage system to be installed and the preservation of the woodlot. During the discussion, it was noted that a private sewage to the installation of a private sewage system with nO discharge permitted into the Little Mississippi or the existing clay soil. The Director of Planning and Development provided information regarding the rezoning of the property to Institutional and to limit the use through site plan agreement; referred to access being provided through the Niagara River Parkway; that the cost and maintenance of the access road would be at the expense of the developer. The Director of Planning and Development clarified that an agreement would be entered into as a condition of severance to ensure the preservation and protection of the woodloL · Ms. Betty Cote, 3090 Orbit Place, expressed the following concems: access through Niagara River Parkway rather than Weinbrenner Road; the cutting down of trees in the area; the drainage system and land erosion. Mr. Norman Seebach, 8442 Regan Drive, indicated he was not in support of the application; expressed concems regarding bank slippage and land erosion if further storm water is allowed into the Little Mississippi. Fo~owing some discussion, it was ORDERED on the motion of Alderman Fisher, seconded by Alderman Ward, that the issue of the Little Mississippi drainage matter be brought back to a future Council meeting. Carried UnanimousIV_; Mr. Stewart Branscombe responded to concerns expressed and provided clarification regarding access to the proposed site and advised the application would secure and prevent encroachment of the battlefield site; it would maintain and preserve the natural setting of the area surrounding the battlefield site. Mr. Jim Collacott, 3284 Tramore Crescent, expressed concerns regarding the size of the building; the designated use and access. The City Solicitor advised that under the new Planning Act, municipalities would be able to pass by-laws to provide that individuals wishing to cut down trees would require a permit from the municipality. Rev. Peter Nobill, Provincial Director of the Missionaries of the Precious Blood, provided a brief history of the religious order of the Society of the Precious Blood. He informed that the proposed building was to provide accommodations, conference space and d2ning facilities for members of the Order while lecturing and assured that the woodlot would be preserved. Ms. Francis Chandler, 8628 Regan Drive, indicated she was in favour of the preservation of trees and the quiet neighbourhood atmosphere. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-4/95 closed. ORDERED on the motion of Alderman Ward, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the communications be received and filed. Carried Unanimously. PD-95-26 - Chief Administrative Officer- Re: Site Plan Control By-law; 6398 Montrose Road (Vincent MarineIll). The report recommends that Council pass the site plan control by-law for 6398 Montrose Road. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See By-law No. 95-29 PD-95-28 - Chief Administrative Officer - Re: Request for Extension to Draft Plan Approval; Muller Industrial Park; 26T-90003 (Revised). The report recommends the following: 1. That a Council resolution supporting a one-year extension to the Muller Industrial park Draft Plan of Subdivision be adopted conditional upon the applicant maintaining the appropriate subdivision sign which complies with Municipal and Regional requirements; 2. That a copy of this report and Councirs resolution be forwarded to the Regional Municipality of Niagara. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted, Carried Unanimously. See Resolution No. 95-15 -8- -9- REGULAR COUNCIL MATTERS ADOPTION OF MINUTES ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that the Minutes of the Regular Council Meeting of February 6, 1995 be adopted as printed. Carried Unanimously. DEPUTATIONS The Niaqara Council on Smokincl and Health Mr. Eric Farnell, on behalf of the Lung Association, distributed and provided information regarding a reference handbook from the Niagara Council on Smoking and Health, entitled, "Lers Clear the Air, Ontario; Local Tobacco Control: The Facts and Issues". Mr, Faroeft advised that the purpose of the handbook was to motivate and provide information to assist local po~ticians to meet their obligation to protect the health, welfare, and safety of the inhabitants of their community, by eliminating exposure to environmental tobacco smoke in public places and the workplace, He thanked Council for the opportunity to make his presentation. Chair, Ad Hoc Firearm Discharge Boundary Committee - Re: Firearm Discharge Boundaries. The report recommends that Council adopt Recommendation Numbers 1, 2 and 3 and further that Council adopt one of the following Recommendations 4,5,6 or 7 as set out in Appendix 1. His Worship Mayor Thomson advised that the purpose of the meeting was to provide the public an opportunity to provide input with respect to the Firearms By-law. Mr. Emie Cronier, 5957 Hillcrest Crescent, discussed Counc~ consideration of the recommendations and the issue of the extension of boundaries for discharge of firearms; referred to dealing with the minimum distance of discharge of firearms within the municipality at future ad hoc committee meetings and requested the clarification of contents and intent of Report L-95-03 and the approach being taken on the matter. Mr. James Barnes, 6244 Marshall Road, provided surveys of properties and referred to the recommended 1,000 foot boundary. Mrs. Diana Nadon, 10521 Sodom Road, referred to committee discussions regarding boundary extensions; requested Council make a responsible decision regarding the matter and stated she had no objections to the recommendation of an additional boundary being 1,000 feet west of Sodore Road. Mr. Domenic Costs, 6396 Locus Avenue, advised he had bought property for the purpose of hunting when he retired; referred to the boundary recommendations and inquired whether he would be permitted to hunt on his property, The City Solicitor advised if the property was within the existing boundary, he could not discharge any firearm on his property or on any subsequent boundary. ' alteration. Mr. Robert Norminton, 10770 Willoughby Drive, questioned Counc~'s support of development and condoning hunting in the same area. Mr. Gordon MacDonald, 10168 Willoughby Drive, indicated that residential and hunting lots should not be combined together,' suggested that hunting boundaries be pushed back further than 1,000 feet and indicated that human safety must be a factor to be considered. ORDERED on the motion of Alderman Susin, seconded by Alderman Puttick, that Recommendations No. 1, 2, 3 and 7 be adopted. Following further discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Pietrangelo, that the matter be deferred to the committee for a further report. The motion Carried with Aldermen Hendershot, Janvary, and Susin voting contrary to the motion and with all others voting in favour. COMMUNICATIONS Communication No. 40 - City of Sarnia - Re: Negative Billing Option, Cable Companies. The communication informs Council of the City of Sarnia's position regarding the negative billing option currently being offered by Rogers Cable Company in requesting the Ontar]o Government to adopt legislative changes that would not allow cable companies to use "negative option billing" to be applied to consumers for cable ' company services. ORDERED on the motion of Alderman Orr, seconded by Alderman Susin, that Council supports the City of Sarnia's position. Carried Unanimously. Communication No. 41 - Minister of Canadian Heritage - Re: 30th Anniversary of Flag Day. The communication seeks support of the municipa~ty by encouraging community-based celebrations on February 15, 1995 to celebrate the 30th anniversary of the National Flag of Canada. ORDERED on the. motion of Alderman Cummings, seconded by Alderman Campbell, that the matter be referred to the Civic Committee. Carried Unanimously. Communication No. 42 - Kelly Temporary Services - Re: Proclamation. The communication requests Council proclaim the week of March 12, 1995 to March 18, 1995 as "Kelly Week". ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary, that the request be approved subject to established policy. Carried Unanimously. Communication No. 43 - Canadian Wildlife Federation - Re: Proclamation. The communication requests Council proclaim the week of April 9 - 15, 1995 as "National .Wildlife Week". ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the request be approved subject to established policy. Carried Unanimously. Communication No. 44 - Niagara Women In Crisis - Re: Annual Book Riot. The communication requests permission to hang a banner on Stanley Avenue at Arthur Street from April 27, 1995 to May 16, 1995. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrengelo, that the request be permitted subject to established policy. Carried Unanimously. Communication No. 45 - The Royal Canadian Naval Association - Re: Proclamation. The communication requests Council proclaim the week of May I to May 6, 1995 as "Battle of The Atlantic Week'~' and requesting that a short flag raising ceremony on May 1, 1995 at 9:30 in front of City Hall be permitted. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the request be approved subject to established policy. Carried Unanimously. Communication No. 46 - The Regional Municipality of Niagara - Re: Sewer and Water Rates, The communication advises of an information session dealing with 1995 Sewer and Water Rates on Friday, February 17, 1995 at the Regional Municipality of Niagara. - 10- ORDERED on the motion of Alderman Craitor, seconded by Alderman Ward, that the communication be received and filed for the Information of Council. REPORTS F-95-06 - Chief Administrative Officer- Re: Municipal Accounts. The report recommends that the accounts totalling $1,188, 659. 75 for the period ending February 13, 1995, be approved by the passing of the by-law appearing later on the agenda. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with Aldermen Craitor, Pietrangelo and Ward abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. See By-law No. 95-32 CD-95-07 - Chief Administrative Officer - Re: Reduction and Refund of Taxes; Section 443 Municipal Act; 7442 Barbara Drive. The report recommends that a refund of taxes amounting to $I 14.08 for 1992 assessment year and $114.54 for the assessment year 1993, be approved as the property was measured incorrectly. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the report be received and adopted. The motion Carried with Alderman Craitor abstaining from the vote on a conflict of interest previously noted and with aft others voting in favour. CD-95-08 - Chief Administrative Officer - Re: Special Occasion Permit - Ontario Winter Games; Niagara Flames Hockey TournamenL The report recommends that Council indicate it has no objection to the issuance of a Special Occasion Permit to the organizations listed in this report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. CD-95-09 - Chief Administrative Officer- Re: Appointments to Parking and Traffic Committee. The report recommends that members of Council consider the submissions to the Cily's Parking and Traffic Committee and appoint two citizen members to the committee to serve for a three-year term to December, 1977. Following a vote by secret ballot, it was ORDERED on the motion of Alderman Fisher, seconded by Alderman Susin, that Mr. Sam LaResa and Mr. Ron Lowe be appointed as citizen members to the City's Parking and Traffic Committee, to serve*for a three-year term to Decembe. r, 1977. Carried Unanimously. See By-law No. 95-34 L-95-03 - Chief Administrative Officer- Re: Firearms Consolidation By-law. The report recommends that Council approve of the by-law consolidating the firearms by-law and the minor amendments to the said by-law. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. See Bv-law No. 95_-31 L,95-11 - Chief Administrative Officer- Re: Agreement between Lana Sniderman and City for FIre Department Training Site; 10253 Niagara River Parkway. The report recommends that the City enter into an Agreement with Lana Sniderman to' temporarily use certain land and buildings for the benefit of the Niagara Falls Fire Department. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried with Alderman Susin abstaining from the vote on a conflict of interest previously noted and with a~ others voting in favour, See By-law No. 95-30 11 - L-95-14 - Chief Administrative Officer - Re: The Establishment of Certain Land as a Highway (Kalar Road) - 5-0 Taxi. The report recommends that Council approve the by- law appearing on tonighrs agenda that would establish the land designated as Part 3 on Reference Plan 59R-8703, attached hereto, as a highway and become part of Kalar Road. ORDERED on the motion of Alderman Susin, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law No. 95-28 · Office of the Mayor - Re: Trip to Ottawa. The report provides information on the Mayors and Chief Administrative Officers trip to Ottawa on February 8th and 9th, 1995 regarding persuading the Members of the Federal Governmenrs Finance Committee not to proceed with a recommendation to amend the Income Tax Act to provide for the taxation of casino winnings. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received and filed and further that a letter be forwarded by the Mayors Office to Mr. Gary Pillitteri, M.P. for his assistance during the trip. Carried Unanimously. RA TIFICA TION OF COMMITTEE-OF-THE-WHOLE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the actions taken on the fo~owing matters by Committee of the Whole, earlier this evening be approved: 1. That the City appeal the decision in the Dresser Canada Inc. assessment case and that the City Solicitor be authorized to take a~ necessary steps in that regard; 2. That Council amend agreement with OMERS to permit participation by Members of Council; 3. That Council approve the by-law permitting participation by Mayor in OMERS with a 50/50 cost sharing for buy-back to exist for the Mayor and any Aldermen that wish to participate. Carried Unanimously RESOLURONS NO. 14 - WARD - CUMMINGS- RESOLVED THAT the Council of the Corporation of the City of Niagara Falls requests an allocation of subsidy under the provisions of The Public Transportation for the year 1995, in the amount of $670,800.00 Capital Assistance Program; and $764,480.00 for the Transit Operating Assistance Program. AND .The Seal of the Corporation be hereto affixed. Carried Unanimously NO. 15 - CUMMINGS - FISHER - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby supports a one-year extension to the Muller Industrial Park draft plan of subdivision and that the Regional Municipality of Niagara be so informed, conditional upon the applicant maintaining the appropriate subdivision sign which complies with Municipal and Regional requirements. AND ~'he Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrengelo, that leave be granted to introduce the fo~owing by-laws, and the by-laws be read a first time: 95,27 95-25 95-29 95-30 95-31 95-32 95-33 - 12 - A by-law to amend By-law No. 79-200, as amended. (AM-13/94, 488745 Ontario Limited, J. Cuviello) A by-law to establish certain/and as part of Kalar Road, being a public highway (AM27/90, Report L-95-14). A by-law to amend By-law 85-238 respecting the classes of development that may be undertaken in site plan control areas. (AM-19/94, 6398 Montrose Road) A by-law to authorize the execution of an agreement with Lana Sniderman to pem~it the Niagara Falls Fire Department to enter upon the lands municipally known as 10253 Niagara River Parkway to carry out training activities related to the duties of its firefighters. A by-law to regulate the discharge of firearms in a defined area of the City of Niagara Falls. A by-law to authorize monies for General Purposes (February 13, 1995). A by-law to authodze participation in the Ontario Municipal Employees Retirement System (OMERS) in respect of its Head of Council. 95-34 A by-law to provide for Appointments to Certain Boards, Commissions and Committees. The motion Carried with Aldermen Craitor, Pietrangelo and Ward abstaining from the vote on By-law No. 95-32 on conflicts of interest previously noted; Alderman Susin abstaining from the vote on By-law No. 95-30, on a conflict of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the following by-laws be now read a second and third time: 95-27 A by-law to amend By-law No. 79-200, as amended. (AM-13/94, 488745 Ontario Limited, J. Cuviello) 95'28 A by-law to establish certain/and as part of Kalar Road, being a public highway (AM27/90, Report L-95-14). 95-29 A by-law to amend By-law 85-238 respecting the classes of development that may be undertaken in site plan control areas. (AM-19/94, 6398 Montrose Road) 95-30 A by-law to authorize the execution of an agreement with Lana Sniderman to permit the Niagara Falls Fire Department to enter upon the/ands municipally known as 10253 Niagara River Parkway to carry out training activities related to the duties of its firefighters. 95'31 A by-law to regulate the discharge of firearms in a defined area of the City of Niagara Falls. 95-32 A by-law to authorize monies for General Purposes (February 13, 1995): 95-33 A by-law to authorize participation in the Ontario Municipal Employees Retirement System (OMERS) in respect of its Head of Council. 95-34 A by-law to provide for Appointments to Certain Boards, Commissions and Committees. - 13 - The motion Carried with Aldermen Craitor, Pietrangelo and Ward abstaining from the vote on By-law No. 95-32 on conflicts of interest previously noted; and Alderman Susin abstaining from the vote on By-law No. 95-30, on a conflict of interest previously noted and with a~ others voting in favour. NEW BUSINESS 1995 Ontario Winter Games Alderman Gary Hendershot provided an update on the 1995 Ontario Winter Games and urged members of Counc~ to purchase the Ontario Winter Games "Hear the Roar" sweatshirts. New Rescue Boats Alderman Shirley Fisher advised that the Chippaws Fire Department had received their new Rescue Boats.. Chef'$ Proc~ram at Niac~ara Colleue Alderman Shirley Fisher referred to a televised program on Cable 10 informing of the participation of approximately 300 students in the Niagara College's CheFs Program. Arts and Culture Commission Concert Alderman Se/ina Volpatti stated that the Arts and Culture Commission would be presenting a free concert at the Library on February 19, 1995 and invited everyone to attend. Parking on Centre Street ORDERED on the motion of Alderman Ward, seconded by AIderman Volpatti, that the petition regarding parking on one side of Centre Street and Ellen Avenue be referred to the Parking and Traffic Committee for the, next meeting. Carried Unanimously. Contractino Out of So~d Waste Alderman Kim Craitor referred to the an update on the matter of contracting out solid waste collection and was informed by the Manager of Human Resources that the Union. would be meeting and making a formal presentation regarding their intentions. Fill at former Mr. Cappuccino Lot Alderman Kim Craitor commented on the type of fill being used at the former Mr. Cappuccino lot and requested further information on the matter. - 14 - Following further discussion, it ORDERED on the motion of Alderman Susin, seconded by Alderman Pietrangelo, that the Ministry of the Environment be requested to address the concerns regarding the type of fill being used and further, that staff look into the guidelines required under the Health and Safety Act. Carried Unanimously. ORDERED on the motion of Alderman Puttick, seconded by Alderman Pietrangelo, that the meeting adjoum. Carried Unanimously. 'READ AND ADOPTED, MAYOR WAYNE THOMSON REGULAR COUNCIL MEETING, Council Chambers February 27, 1995 Council met on Monday, February 27, 1995 at 7:30 p.m. for the purpose of considering Regular Business. All members of Council, with the exception of Alderman Kim Craitor, who was away on work related matters; Alderman Fermino Susin who was away on vacation; and Alderman Judy Orr who was away due to illness, were present. Alderman Norm Puttick offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTEREST Alderman Gary Hendershot indicated a pecuniary interest on Report PD-95-33, because members of his family reside in the area; and indicated a pecuniary interest on Report HR-95-01, because his son-in-law is involved with the Canadian Union of Public Employees. Alderman Victor Pietrangelo indicated a pecuniary interest on Report F-95-07, Cheque No. 210076, because the recipient is his employer. Alderman Bruce Ward indicated a pecuniary interest on Report F-95-07, Cheque No. 209999, because he has a business interest with the firm. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the Minutes of the Planning/Regular Council Meeting of February 13, 1995 be adopted as printed. Carried UnanimousIv. PRESENTA~ONS His Worship Mayor Thomson provided a brief history of the singing accomplishments of Brett Po/egato, an International baritone from Niagara Falls. He congratulated and presented a token of appreciation to Mr. Polegato on behalf of the City and the residents of Niagara Falls and wished him every future success. DEPUTATIONS Niaclara Transit & Niaclara Chair-A-Van Statement of Affairs Communication No. 47a) - Greater Niagara Transit Commission - Re: Financial Statements for the year ending December 3f, f994. - AND - Communication No. 47b) -. Niagara Chair-A-Van - Re: Financial Statements for the year ending December 3f, f994. The communications attach the subject statements and provide a summary of activities during 1994. Mr. Wayne (Bart) Maves, Chairman, of the Greater Niagara Transit Commission introduced the following representatives who were in attendance: Mr. Rudolph Meuser; Mr. A. J. (Sandy) Casey, Manager,' Mr. Terry Libreck, Office Manager and Mr. Frank Brant, Manager of Operations and reviewed the information contained in the Communications. -2- The issue of the establishment of a reserve fund of $200,000 toward the pumhase of buses was discussed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the communications be received and filed. Carried Unanimously. Nia.clara Falls Humane Society - Exotic Animal Bv-law Mr. Bruce Cowan, Manager, Niagara Falls Humane Society advised that the Niagara Falls Humane Society continues to receive calls from concerned residents regarding problems of exotic animals in the City of Niagara Falls and stated that a reasonable and effective solution would be to have an Exotic Animal By-law and suggested that a committee be established to further discuss the matter. He referred to a survey taken of 486 municipalities which had indicated that 73 municipalities had exotic by-laws. Mr. Cowan referred to the City assuming initial responsibility for the ~dministration of any by-law, and that Council had the option to delegate the authority of the by-law. He advised that the cost of registration, administration, annual inspections, responding to calls and any litigation was approximately $5,000 a year; and Council having the final say if an exemption from the by-law was required. - AND - Communication No. 48 - Sullivan, Mahoney, Soficitors. The communication requests that Council defer consideration of the matter in order to permit a review of the latest proposal. Mr. Tom Richardson, Solicitor, who was in attendance on behalf of Marineland of Canada Inc., expressed concerns regarding the draft by-law amendments and requested that Marineland be represented on the committee. Following further discussion, it was ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the matter be deferred and that a committee be established consisting of members of Council, the Humane Society, Marineland and interested citizens. Carried Unanimously. Proposed Hellport on Stanley Avenue Mr. Stephen Fields expressed opposition to the proposed hellport site as he resides adajacent to the proposed location; indicated that the helicopters would be extremely disruptive; referred to a Press Release submitted by Mr. Pillitteri, M.P. stating there would be no heliport built on Stanley Avenue. Mr. Fields requested Council reaffirm its oppostion to the proposed heliport and that the Minister of Transport be requested to provide clarification on the matter. ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that Council reaffirm its opposition to the location of a heliport on Stanley Avenue, and further that the Hon. Doug Young, Minister of Transport be requested to confirm the Press Release from Mr. Gary Piilitteri, M.P. stating there would be no permits issued for a hellport on Stanley Avenue. Carried Unanimously. COMMUNICATIONS Communication No. 49. Chairman, Land Division Committee - Re: 1994 Annual Report. The communication provides Council the f994 Annual Report of the Land Division Committee. ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that the communication be received and filed for the information of Council. Carried Unanimously. -3- Communication No. 50 - Professional Engineers Ontario - Re: Proclamation. The communication requests Council proclaim March 4 to March 11, 1995 as "National Engineering Week 1995". ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the request be approved subject to established policy. Carried Unanimously. Communication No. 51 - Canadian Cancer Society - Re: Proclamation. The communication requests Council proclaim April as "Cancer Awareness Month ,. ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the request be approved subject to established policy. Carried Unanimously. Communication No. 52 - Registered Nurses Association of Ontario - Re: Proclamation. The communication requests Council proclaim May 8 to May 14, 1995 as "Nursing Week 1995". ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that request be approved subject to established policy. Carried Unanimously. Communication No. 53 - Community Swimming Pool Committee - Re: Development of an indoor swimming pool The communication requests Council consideration for the development of a municipal swimming pool at the Chippawa Willoughby Memorial Arena. ORDERED on the motion of Alderman Puttick, seconded by Alderman Fisher, that the matter be referred to Community Services. Carried Unanimously. Communication No. 54 - Ministry of Consumer and Commercial Relations - Re: Underage strippers in adult entertainment establishments. The communication informs that the government has prohibited strippers under the age of 18 years from performing in establishments licensed under the Liquor Licence Act. ORDERED on the motion of Alderman Campbell, seconded by Alderman Cummings, that the communication be received and filed for the information of Council. Carried Unanimously. Communication No. 55 - Washington Mills Electro Minerals Corp. - Re: Tax reduction. The communication requests that any tax reduction considerations be provided to existing competitive industries in the area; applied on an equal pro-rated basis and according to the number of employees. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Janvary, that the communication be received and filed for the information of Council. Carried Unanimously. Communication No. 56 - The Town of Richmond Hill - Re: Retro~tting residential rental accommodations. The communication requests Council endorse a resolution recommending to the Premier of the Province of Ontario that the Rent Control Act be changed to permit the retrofitting of residential rental accommodations and bringing such housing up to the required safety standards of the Ontario Fire Code. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the request be supported. Carried Unanimously. Communication No. 57 - City of Scarborough - Re: Assessment Act. The communication requests Council support a resolution requesting the Ministry of Finance to amend The Assessment Act prior to the 1997 Municipal Election to improve the enumeration process. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings, that the request be supported. Carried Unanimously. -4- Communication No. 58 - City of Scarborough - Re: Municipal Elections Act. The communication requests Council support a resolution requesting the Minister of Municipal Affairs to amend the Municipal Elections Act to require all municipal candidates to submit a $200.00 deposit upon registration that is non-refundable unless 10% of valid ballots cast for the registered office are received; and to require all municipal candidates to submit proof of qualified elector status during the registration process for municipal elections. ORDERED on the motion of Alderman Campbell, seconded by Alderman Puttick, that the communication be received and filed for the information of Council. Carried Unanimously. Communication No. 59 - Corporation of the City of Kingston - Re: Local Government Disclosure of Interest Act. The communication requests Council consider a resolution regarding disclosures dealing with representatives of municipal government and members of Parliament that are too vast and should be re-examined; - AND - Communication No. 60 o Association of Municipalities of Ontario (AMO). The communication requests that municipalities voice their concerns regarding the local government disclosure of interest act, ORDERED on the motion of Alderman Puttick, seconded by Alderman Fisher, that the Mayor and Chief Administrative Officer take the necessary steps regarding opposition to the local government disclosure of interest act and further that the AMO correspondence be endorsed. Carried Unanimously. See Resolution No. 17 Communication No. 61 - City of St. Catharines - Re: Niagara Weather Office Closure. The communication requests Counc~ support a resolution requesting the Federal Government place a moratorium on any decision affecting the Niagara District Weather Office and to study, review and consult the Niagara communities as to the unique importance of the local weather office. ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary, that the resolution be supported. Carried Unanimously. REPORTS MW-95-32 - Chief Administrative Officer - Re: 4846 Ontario Avenue, Demolition ProjecL The report recommends the following: 1. That the bid submitted by the low Tenderer, Nick Altieri Excavating Ltd. for the demofition and associated work of 4846 Ontario Avenue be accepted; 2. That staff be authorized to prepare the necessary Contract Documents and Agreement for the demolition of the subject property with Nick Alfieri Excavating Ltd. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the actions taken on the following matters by the Community Servic.es. Committee, ea~ier this evening be approved: 1. Approval of February 6, 1995 Committee Meeting Minutes; 2, MW-95-34 - Niagara Falls Transportation Planning Study - that Regional Niagara be advised that ~e City supports the selection of Totten Sims Hubicki/Dillion to carry Out the Niagara Falls Transportation Planning Study; -5- 3. MW-95-36 - 19994 Annual Permit Statistics Report Building & Inspections Division - that the report be received and filed for information; 4. MW-95-39 - 1995 MoT. O. Road Subsidy - that the report be received and filed for information; 5. MW-95-40 - Street Light Maintenance Contract - that the current contract with Ground Aerial Maintenance Services Limited (GoA. M.S.) be extended another month until March 31, 1995; 6. ' FD-95-01 - Firefighter Defibrillation - that the Community Services Committee and Council support the introduction of defibrillators to the Fire Service; 7. Sanitary Sewers - Daytimers Canada (Montrese Road) - that the City no proceed with the extension of sanitary sewers to this area at this time (previous Report MW- 95-20, dated February 6, 1995). Carried Unanimously PD-95-30 - Chief Administrative Officer- Re: Cytec Canada Inc. The report recommends that the attached Terms of Reference be used for a proposal ca~ for consulting services to review the proposed remedial action plan for the waste disposal sites on the former Cyanamid lands and surrounding area. ORDERED on the motion of Alderman Ward, seconded by Alderman Pietrangelo, that the report be received and adopted. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest because Acres is involved and with all others voting in favour. PD-95-31 - Chief Administrative Officer- Re: AM-53/88, Chalet Motor Inn; 5377 Ellen Avenue, 5334, 5338 and 5546 McGra~ Avenue. The report recommends the following: That Counc~ approve the by-law now before them, which would conclude the zoning amendment application matter initiated in 1988. The change in zoning would facilitate an expansion to the Chalet Motor Inn; 2. That Council approve the By-law that places the lands under site plan control. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. See By-law No. 95-37 PD-95-32 - Chair, Niagara Falls LACAC - Re: Committee Appointments, Local Architectural Conservation Advisory Committee (LACAC). The report recommends the following: That Council appoint six (6) citizen members and the City Historian to the Local Architectural Conservation Advisory Committee for the term 1995-1997 as outlined in the report; 2. That Council ratify the Local Architectural Conservation Advisory Committee Terms of Rqference, as attached to the report. ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that Joyce Long; Eric Royer; Kym Cody; Dorothy Van Slyke; Don Chapman; Mark Hopkins and Sherman Zavitz, the City Historian, be appointed as citizen members to the Architectural Conservation Advisory Committee for the term 1995-1997. Carried Unanimously. See By-law No. 95-40 -6- PD-95.33 - Chief Administrative Officer- Re: AM-15/91, Dr. Vasic; Northwest corner of Portage Road and Prospect Street; 5497 Portage Road. The report recommends the following: f. That Council, prior to the passing of the amending by-law for AM-15/91 - Dr. Vasic, determine by resolution, in accordance with Section 34(19) of the Planning, that the changes proposed to the by-law after the holding of the Public Meeting will not require the giving of a further notice; 2. That Council pass the amending by-law which will permit the existing bu~ding on the lands to be used as a shop for the selling of prepared foods as an alternative to a variety store; 3. That the land dedication for road widening purposes be obtained through redevelopment at the site planning stage. His Worship Mayor Thomson received indication that Dr. Vasic was in attendance. Dr. Vasic indicated that in addition to the present variety store, a fast food store was proposed and discussed the matter of an 8-foot land dedication to the City. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. The motion Carried with Alderman Hendershot abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. See Resolution No. 15 See By-law No. 95-35 HR-95-04 - Chief Administrative Officer - Re: Amended Collective Agreement between the Corporation of the City of Niagara Falls and the Canadian Union of Public Employees and its Local f33. The report recommends that Council ratify the amended Collective Agreement between the Corporation of the City of Niagara Falls and the Canadian Union of Public Employees and its Local 133 for 1995 by passing the by- law appearing on tonight's agenda. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the report be received and adopted. The motion Carried with Alderman Hendershot abstaining from the vote on a conflict of interest previously noted and with a~ others voting in favour. See By-law No. 95-39 R-95-13 - Chair, '95 Ontario Winter Games - Re: Ontario Winter Games Agreement. The report recommends the following: That the City enter into an agreement between the 22 Provincial Sports Organizations who are participating in the '95 Ontario Winter Games; 2. That Council approve the by-law appearing later on this evening's agenda. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See Bv-law No: 95-46 R-95-14 - Chairperson, Environmental Planning &Greening Committee - Re: Action Stemming from the Environmental Planning and Greening Committee Meeting of February 15, 1995. The report recommends that Council endorse ~e action from the Environmental Planning & Groaning Committee Meeting of February 15, f995. -ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. - 7- F-95-07 - Chief Administrative Officer- Re: Municipal Accounts. The report recommends that the accounts totalling $2,725,074.71 for the period ending February 27, 1995, be approved by the passing of the by-law appearing later on the agenda. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the report be received and adopted. The motion Carried with Aldermen Pietrangelo and Ward abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. See By-law No. 95-47 RATIFICATION OF FINANCE COMMITTEE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the actions taken on the following matters by the Finance Committee, eartier this evening be approved: I. Adoption of the Minutes of the January 30, 1995; Report EDD-95-01 -Intemet - that 1) the City of Niagara Falls connect via Intemet Connect Niagara Inc. (ICN) to the world wide web with a first phase cost being $7,040 (representing connection and hardware costs) and further that the funds for this initial connection be taken from the Economic Development Department reserve funds; and 2) that Counc~ authorize the establishment of a bulletin board multimedia advertisement as phase two of the .connection and that this cost, estimated at approximately $4,000, also be taken from the Economic Development Department reserve fund; Report EDD-95-02 - Marketing Plan for Economic Development Department - that 1) Council approve the allocation of $7,000 in funding from the Economic Development Department reserve fund; and that 2) staff be authorized to enter into an agreement with WCM Consulting Inc. for the preparation of a marketing plan not to exceed $7,000 for the Economic Development Department - Alderman Puttick opposed. The motion Carried with Alderman Puttick voting contrary to the motion on Report EDD-95-02 and with a~ others voting in favour. CD-95-10 - Chief Administrative Officer- Re: Council Representation on Board of Directors, Boys & Girls Club. The report recommends that Council appoint an Alderman to be the City representative on the Board of Directors of the Niagara Falls Boys and Girls Club. ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti, that the report be received and adopted and that Alderman Victor Pietrangelo be appointed as the City's representative to the Board of Directors of the Niagara Falls Boys and Girls Club. Carded Unanimously. L-95-10 - Chief Administrative Officer - Re: Partial Release of Site Plan Agreement between Robert Maclnnis and the City; 5985, 6003 and 6015 McLeod Road. The report recommends that Council release Robert Maclnnis from a Site Plan Agreement dated November 30, 1989 insofar as it relates to Lot No. 38 on registered Plan No. 67 and the Mayor and Clerk be authorized to execute an agreement for the purpose of releasing. each of the parties and terminating the agreement only with respect to said Lot 38. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the report be received and adopted. Carded Unanimously.. See By-law No. 95-42 L-95-16 - Chief Administrative Officer- Re: Marcon Transfer to the City; Part I on Reference Plan 59R-9072. The report recommends that Council accept the gift of a read widening from Robert Marcon and provide him with a receipt for the value of the said read widening in the sum of $6,250,00, - 8- ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. See By-law No. 95-43 L-95.17 - Chief Administrative Officer - Re: Release of Site Plan Agreement between Suncor Inc. and the City; 6499 Lundy's Lane at Glenholme Avenue. The report recommends that Council release Suncor Inc. from a Site Plan Agreement dated January 7, 1969 respecting property municipally known as 6499 Lundy's Lane and the Mayor and Clerk be authorized to execute an agreement for the purpose of releasing each of the parties and terminating the said Site Plan Agreement. ORDERED on the motion of Alderman Ward, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. L-95-18 - Chief Administrative Officer- Re: Establishing procedures Governing the Sale and Disposition of Real Property by the City. The report recommends that Council establish procedures goveming the sale and disposition of real property by the City. ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. See by-law No. 95-45 Report - Chairman, Smoke Free Areas Committee - Re: Bill ff9 - An Act to prevent the Provision of Tobacco to Young Persons and to Regulate its Sale and Use by Others (The Tobacco Control Act). The report recommends that the report is for Council information and recommends that the Smoke Free Areas Committee be disbanded. ORDERED on the motion of Alderman Puffick, seconded by Alderman Fisher, that the Smoke Free Areas Committee be disbanded and that a letter of appreciation be forwarded from the Mayors Office to a~ the participants on the Committee. Carried Unanimously. RESOLUTIONS NO. f6 - CUMMINGS- PIETRANGELO - RESOLVED THAT this Councfi does determine, in accordance with Section 34 (17) of the Planning Act, RSO, that the changes proposed to the Zoning By-law for Application AM-15/91 (774351 Ontario Inc., Paul Lepiane & Dr. Vasic, Northwest comer of Portage and Prospect Roads, Lot 42, Plan 42) 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. 17 - PUTTICK - FISHER - RESOLVED THAT the Council of the Corporation of the City of Niagara Falls hereby supports the Resolution from the Corporation of the City of Kingston, as outlined in correspondence dated February 7, 1995; and further supports the Association of Municipalities of Ontario's position, as outlined in Municipal Alert dated February 23, 1995 on the Local Govemment Disclosure of Interest AcL AND The Seal of the Corporation be hereto affixed. Carried Unanimously. NO. 18 - HENDERSHOT - CUMMINGS - BE IT RESOLVED THAT a letter of cohdolence be forwarded to the family of the late Timothy Richard Crewe, an active mem,ber of the Niagara Falls Rotary Club and well-respected citizen of the community. AND The Seal of the Corporation be hereto affixed. Carried Unanimously NO. f9 - VOLPATTI - FISHER - BE IT RESOLVED THAT a letter of condolence be ' forwarded to the family of the late Eric Parroff, an active member of the Niagara Falls Social Planning Council and well-respected citizen of the community, AND The Seal of the Corporation be hereto affixed. Carried Unanimously -9- NO. 20 - FISHER - HENDERSHOT - BE IT RESOLVED THAT a letter of congratulations be forwarded to Shirley Carr, on her recent appointment as Ontario Special Trade Envoy. AND The Seal of the Corporation be hereto affixed. Carried Unanimously. NO. 2t - CUMMINGS - CAMPBELL - BE IT RESOLVED THAT the Council of the Corporation of the City of Niagara Falls hereby supports the Resolution from the City of Niagara Falls, New York, as outlined in correspondence dated February 23, 1995 opposing any legislation to implement a levy of border fees; and further that a meeting be set up in an effort to discuss and resolve mutual concerns. AND The Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that leave be granted to introduce the fo~owing by-laws, and the by-laws be read a first time: 95-35 A by-law to amend By-law No. 79-200, as amended. (AM-15/91, Dr. Vasic, 5497 Portage .Rd., Report PD-95-33) 95-36 A by-law to amend By-law No. 85-238, respecting the classes of development that may be undertaken in site plan control areas. 95-37 A by-law to amend By-law No. 79-200, as amended. (AM-53/88, Chalet Motor Inn, Report PD-95-31) 95-38 A by-law to authorize the execution of an Assignment Acknowledgement assigning Lease Agreement dated January 30, 1995, be[ween CDI Equipment Finance Inc. (Assignor) and The Corporation of the City of Niagara Falls (Customer) to Bayshore Leasing Corporation (Assignee). 95-39 A by-law to authorize the execution of a Collective Agreement with Canadian Union of Pubtic Employees and its Local 133. 9540 A by-law to provide for the appointments to certain Boards, Commissions and Committees. 95'41 A by-law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. 95-42 A by-law to authorize the execution of an agreement with Robert John Maclnnis for the purpose of releasing certain land from a Site Plan Agreement. 9543 A by-law to authorize the acceptance of a transfer of land from Robert Marcon for the purpose of a road widening and to provide Robert Marcon with a receipt for the sum of $6,250.00. 95-44 A by-law to authorize the execution of an agreement with Suncor Inc. for the purpose of releasing Suncor Inc. from the terms and conditions of a Site Plan Agreement dated January 7, 1969. 95'45 A by-law to establish procedures governing the sale and disposition of real property by The Corporation of the City of Niagara Fatis. 9546 A by-law to authorize the execution of agreements with certain Provincial sport organizations for the purpose of staging sporting events during the 1995 Ontario Winter Games. 9547 A by-law to authorize monies for General Purposes (February 27, 1995), - fO - The motion Carrie~ with Aldermen Pietrange/o and Ward abstaining from the vote on By- law No. 95-47 on conflicts of interest previously noted; and Alderman Hendershot abstaining from the vote on By-law Nos. 95-35 and 95-39 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the following by-laws be now read a second and third time: 95-35 A by-law to amend By-law No. 79-200, as amended. (AM-15/91, Dr. Vasic, 5497 Portage Rd., Report PD-95-33) 95-38 A by-law to amend By-law No. 85-238, respecting the c/asses of development that may be undertaken in site plan control areas. 95-37 A by-law to amend By-law No. 79-200, as amended. (AM-53/88, Chalet Motor Inn, Report PD-95-31) 95-38 A by-law to authorize the execution of an Assignment Acknowledgement assigning Lease Agreement dated January 30, 1995, between CDI Equipment Finance Inc. (Assignor) and The Corporation of the City of Niagara Falls (Customer) to Bayshore Leasing Corporation (Assignee). 95-39 A by-law to authorize the execution of a Collective Agreement with Canadian Union of Public Employees and its Local 133. 95-40 A by-law to provide for the appointments to certain Boards, Commissions and Committees. 95-4f A by-law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. 9542 A by-law to authorize the execution of an agreement with Robert John Maclnnis for the purpose of releasing certain land from a Site Plan Agreement. 95-43 A by-law to authorize the acceptance of a transfer of land from Robert Marcon for the purpose of a road widening and to provide Robert Marcon with a receipt for the sum of $6,250.00. 9544 A by-law to 'authorize the execution of an agreement with Suncor Inc. for the purpose of releasing Suncor Inc. from the terms and conditions of a Site Plan Agreement dated January 7, ~969. 9545 A by-law to establish procedures governing the sale and disposition d real properly by The Corporation of the City of Niagara Falls. 9548 A by-law to authorize the execution of agreements with certain Provincial sport organizations for the purpose of staging sporting events during the 1995 Ontario Winter Games. 9547 A by-law to authorize monies for General Purposes (February 27, .1995). The motion Canfed with Aldermen Pietrangelo and Ward abstaining from the vote on By- law No. 95-47 on conflicts of interest previously noted; and Alderman HenderShot abstaining from the vote on By-law Nos. 95-35 and 95-39 on conflicts of interest previously noted and with all others voting in favour. 11 - NEW BUSINESS Letters of Condolence ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that a letter of condolence be forwarded to the family of the late Tim Crowe, a we/I- respected citizen in the community and member of severe/setvice clubs. Carried UnanimousIv. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that a letter of condolence be forwarded to the family of the late Eric Parrot, a member of the Social Planning Council and well-respected citizen in the community. Carried Unanimously. Letter of Conoratulations ORDERED on the motion o[ Alderman Fisher, seconded by Alderman Hendershot, that a letter of congratulations be forwarded to Shirley Carr on her recent appointment as the Ontario Special Trade Envoy. Carried Unanimously, Criteria Membership in Niaclara Reclional Tourist Council Alderman Gary Hendershot informed that a meeting had been scheduled with the Executive by Regional Chairman Brian E. Merrett to establish the criteria for membership in the Niagara Regional Tourist Council and the issue of helicopters in the community. Stop SicIns at Glengate Avenue Alderman Pat Cummings requested information from the Parking & Traffic Committee meeting with respect to the stop signs on Glengate Ave., and was informed the Committee had dealt with the matter and that the stop sign would be retained. Project S.H.A.R.E. Alderman Selina Volpatti provided an update on the activities of Project S.H.A.R.E. Corporate Strateoic Plan Alderman Selina Volpatti addressed the matter of the City having a Corporate Strategic Plan and stated such a policy plan would be a guideline that the City needs to provide a vision for the community. Following some discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Puttick, that staff bring back a report regarding the City having a, Corporate Strategic Plan; the process; a timetable for the plan; costs involved; and the projected funding for grants available, Carried Unanimously, - 12 - Smoke Free Areas Committee ORDERED on the motion of Alderman Puttick, seconded by AIderman Fisher, that the Smoke Free Areas Committee be disbanded and further that a letter of thanks be forwarded by the Mayot~s Office to all the individuals who had participated on the Committee. Carried Unanimously. proposal for a Tax Levy between Canada and U.S. His Worship Mayor Thomson referred to correspondence received from Niagara Falls New York City Council that unanimously approved a resolution opposing eny additional fee for individuals travelling between the United States and Canada. Following some discussion, it was ORDERED on the motion of Aldermen Cummings, seconded by Alderman Campbell, that Council endorse the resolution from the Niagara Falls New York Council opposing President Clinton's proposal of a tax levy for individuals travelling between Canada and the United States; and further that a joint meeting be arranged to discuss mutual concems. Carried Unanimously. Daredevil Week His Worship Mayor Thomson discussed the issue of co-ordinating a "Daredevil Week" with the Niagara Parks Commission and the Niagara Falls Tourist Bureau. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo, that the Mayor be authorized to pursue the matter of a "Daredevil Week" in Niagara Falls. Carried Unanimously: ORDERED on the motion of Alderman Ward, seconded by Alderman Puttick, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON REGULAR COUNCIL MEETING Council Chambers March 6, 1995 Council met on Monday, Mamh 6, 1995 at 7:30 p.m. for the purpose of considering Regular Business. All members of Council, with the exception of Alderman Susin, who was away due to illness, were present. Alderman Kim Craitor offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTEREST Aldermen Campbell, Hendershot, Janvary, and Pietrangelo, indicated pecuniary interests on Report F-95-09, Cheque No. 210258, because the recipient is their employer. Alderman Cummings indicated a pecuniary interest on Report F-95-09, Cheque No. 210219 because the recipient is Acres. Alderman Craitor indicated a pecuniary interest with respect to the Council meeting of February 27, 1995 on Report F-95-07, Cheque No. 209939, because he sits on the Board as a volunteer member,' and Report F-95-07, Cheque Nos. 210043; 210143; M90698, because the recipient is his spouse's employer,' and indicated a pecuniary interest on Report F-95-09, Cheque No. 210262, because the recipient is his spouse's employer; and indicated a pecuniary interest on the matter dealing with the Social Planning Counc~ Deputation because his employer is involved. Alderman Ward indicated a pecuniary interest on Report F-95-07, Cheque No. 210232, because a member of his family owns the business; and Cheque No. 210213 because he has a business interest. ADOPTION OF MINUTES ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo, that the Minutes of the Regular Council Meeting of February 27, 1995 be adopted as printed. Carried Unanimously. PRESENTATIONS 1995 Ontario Winter Games Mr. Jim Diodati Jr. indicated there would be approximately 2,000 participants and 1,500 ~volunteers during the 1995 Winter Games, with the opening ceremonies on March 9, 1995 at 7:00 p.m. at the Niagara Falls Memorial Arena. Mr. Diodati introduced Alderman Gary Hendershot, Chairman, who thanked a~ the volunteers that would be assisting during the Winter Games; referred to the need for a multi-purpose facility in Niagara Falls; and thanked the Niagara District Labour Council for their contribution towards souvenir bags provided to participants at the Games and distributed to members. of Council by the Winter Games mascot "Roary" the Bear and volunteer member, Dino Faszio, who also presented the Ontario Winter Games flag to His Worship Mayor Thomson. Alderman Hendershot introduced Misty Lattimer, a young Niagara Falls athlete, who provided a symbolic visitation of the 1995 Ontario Winter Games Torch. His Worship Mayor Thomson thanked Mr. Diodati, the Winter Games Committee and a~ the volunteers for all their efforts and involvement and wished Misty Lattimer and all the participating athletes every success in the upcoming games. -2- DEPUTATIONS Mr. Anthony G. Basile, 6382 Drummond Road, expressed concems regarding the state of Ph.D. laureates in the field of theoretical physics, and advised that due to the reduction and restructuring of research grants, the decreasing number of faculty positions in science departments, and lack of interest by industries in hiring "cuffing edge" scientists, they have been unable to secure tenured positions at universities. He suggested that the standards of the existing education system be reexamined, allowing for a smooth transition into other careers such as teaching in secondary schools; and the creation of co-op programs with onsite training while completing the necessary teaching requirements rather than starting from ground zero. Mr. Basile requested that the proper authorities be contacted for a review of the existing education process and thanked members for the opportunity to address the issue. Following some discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti, that the Minister of Education, the Hon. Dave Cook, and Gary Pillitteri, M.P. and Margaret Harrington, M.P.P. be contacted to review the standards of the existing education process. The motion Carried with Aldermen Craitor and Cummings voting contrary to the motion and with aft others voting in favour. Social Plannin~l Council Prior to dealing with the proposal, the question of reconsideration of the matter was discussed and the City Solicitor provided clarification regarding the Procedural By- law, Rule 28 with respect to a motion for reconsideration and informed Council must determine whether a matter that had been dealt with previously was the same matter being dealt with presently, and if Council concluded it was the same topic, the matter should not be reconsidered; he further advised if Counicl was of the opinion that the topic was a new subject matter, then Council could reconsider the issue. On the motion of Alderman Orr, seconded by Alderman Fisher, that Council not consider the matter at all. The motion was Defeated with the following vote: AYE: NA YE: Aldermen Fisher, Orr and Puttick. Aldermen Campbell, Cummings, Hendershot, Janvary, Pietrangelo, Volpaffi and Ward. Mr. AI Morellato, President, Social Planning Councfi introduced Roxsane Rysdae who reviewed the 1995-1998 Proposed Business Plan and provided information on Community Functions of the Social Planning Council; Money Expenditures; Why Invest in the Social Planning Council; The Market; Advertising and Promotional Programs; Future Services; Short and Long Range Planning. Mr. Bill Meredith, Accountant discussed the Social Planning Council's Proposed Four-Year Financial Plan and provided information on the Projected Receipts; Projected Disbursements and Other Contributions. Following some discussion, it was ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the 1995-1998 Social Planning Council Business Plan be approved with a $20,000 per year decrease in City grant funding. until 1998; at which time it will be $20,000 and that in 1999 it is hoped that the Social Planning Council will be self-sufficient and not rely on the City for funding. The motion Carried with Alderman Creitor abstaining from the vote on conflicts of interest previously noted and with the following vote: AYE: Aldermen Campbell, Cummings, Henderehot, Janvary, Pietrangelo, Volpatti and Ward. NA YE: Aldermen Fisher, Orr and Puttick. -3- During the discussion, it was ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that Alderman Victor Pietrangelo be appointed Council representative to the Social Planning Council for the 1995-1997 term. The motion Carried with Alderman Puttick voting contrary to the motion and with a~ others voting in favour. ORDERED on the motion of Alderman Janvary, seconded by Alderman Pietrangelo, that Alderman Selina Volpaffi be appointed Council representative to the Social Planning Councfi for the 1995-1997 term. The motion Carried with Alderman Puttick voting contrary to the motion and with aft others voting in favour. COMMUNICATIONS Communication No. 62 - Mr. Jim Collins, 6450 Marco Crescent - Re: Solar Park - corner of Jupiter Blvd. and Mercury Avenue in the Solar Subdivision. The communication requests Council consider replacing antiquated and inadequate play equipment, instaft lighting and landscape and maintain the park area. ORDERED on the motion of. Alderman Cummings, seconded by Alderman Fisher, that the matter be referred to staff. Carried UnanimousIv. Communication No. 63 - Greater Niagara General Hospital - Re: Proclamation. The communication requests Council proclaim the week of March 19 to March 25, 1995 as "Children and Hospitals Week". ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary, that the request be approved subject to established policy. Carried Unanimously. REPORTS MW-95-45 - Chairperson, Municipal Parking and Traffic Committee - Re: Municipal Parking & Traffic Committee Recommendations of February 27, 1995. The report recommends the following: 1. MW-95-26 - Glenqate SL at Maplewood Ave. - Intersection Control Review - that the existing aft-way stop control remain in place; 2. MW-95-27 - Stamford St. at Slater Ave. - Intersection Control Review - that the existing aft-way stop control remain in place; MW-95-28 - Crowland Ave. at Younq Rd. - Traffic Operations Review - that a) an aft way stop control be installed at the intersection of Crowland Ave. and Young Rd., and 2) that the speed limit be reduced from 80 km/hr to 60 km/hr. along Crowland Ave. from Cad Road to Schisler Road; 4. Centre Street/Eften Ave. On-Street Parkincl Reauest - that 1) eighteen parking meters be installed along the east side of Ellen Ave. from Centre SL to Magdalene Ave., 2) that two-hour parking be permitted on the north side of Centre Street from Victoria Ave, to McGrail Ave. until April 30, for this year only; 3) that appropriate parking restrictions be implemented to ensure the safe and efficient movement of traffic; and 4) that, in the future, parking meters be installed on the north side of Centre Street from Victoria Ave. to McGrail Ave. on a yearly basis from October 20th to April 30th. ORDERED on the motion of AIderrnan Ward, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. See By-law No. 95-54 See By-law No. 95-55 -4 - RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the actions taken on the following matters by the Community Services Committee, earlier this evening be approved: 1. Adoption of the Minutes of the February 27, 1995 Joint Community Services Committee/MuniciPal Parking & Traffic Committee Meeting; 2. MW-95-31 - Contract 95-01 - General Maintenance Pole Replacement and Installation of New Street Lighting Fixtures from April 1, 1995 to February 28, 1998 - that Contract 95-01 be awarded to Ground Aerial Maintenance Services Limited (G.A.M.S.) for the period from April 1, 1995 to February 28, 1998 - Aldermen Orr and Volpatti opposed; 3. 'MW-95-38 - Petition for Watermain Installation on Garner Road between Beaverdams Road & Thorold Stone Road - that the request for the extension of a watermain on Garner Road between Beaverdams Road and Thorold Stone Road be denied - Alderman Campbell declared a conflict of interest because his family lives in the immediate area; 4. R-95-12 - Renaming of Parks & Recreation Community Services Department - that in accordance with the recommendations of the Strategic Plan for the Provision of Parks, Recreation, Arts and Culture, that Parks & Recreation, Community Services Department, be renamed "Parks, Recreation & Culture"; 5. R-95-15 - Ice Resurfacer - Stamford Memorial Arena, Tender No. 2-95 - that Frank J. Zamboni and Company Ltd. be awarded Tender No. 2-95 for the purchase of an Ice Resurfacer at a total cost of $54,860.75 (including all applicable taxes); and further that approval be granted to purchase four (4) additional blades at a cost of $1,296.05; The motion Carried with Aldermen Orr and Volpaffi voting contrary to the motion on Report MW-95-31; and Alderman Campbell abstaining from the vote on Report MW-95- 38 on a conflict of interest previously noted and with all others voting in favour. PD-95-34 - Chief Administrative Officer - Re: AM-27/90, 5-0 Taxi Company Inc., Southeast corner of Beaverdams & Kalar Roads. The report recommends the following: 1. That Council approve the by-law that will permit the lands and the buildings located on the southeast comer of Beaverdams and Kalar Roads to be used as a transportation centre for the dispatch and servicing of taxis and limousines, a towing business and a vehicle compound yard; 2, That Council approve the by-law that wi~ place the property under Site Plan Control. ORDERED on the motion of Alderman Cummings, seconded by AIderman Fisher, that the report be received and adopted. Carried Unanimously. See By-law No. 95-50 See By-law No. 95-51 F-95-08 - Chief Administrative Officer - Re: Amendment to By-law 85-53; Amending the Rate of Interest on Overpayment of Taxes to 5.5% as a Result of Assessment Appeals. The report recommends that Council approve the By-laws authorizing the amendment of the interest rate on overpayment of taxes as a result of Assessment Appeals. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimous/v. See By-law No. 95-49 -5- F-95-09 - Chief Administrative Officer- Re: Municipal Accounts. The report recommends that the accounts totalling $388,001.93 for the period ending March 6, 1995, be approved by the passing of the by-law appearing later on the agenda. Further information was provided on Cheque No. 210315. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that the report be received and adopted. The motion Carried with Aldermen Campbell, Craitor, Cummings Hendershot, Janvary, Pietrangelo and Ward abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. See By-law No. 95-56 RATIFICATION OF FINANCE COMMITTEE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the actions taken on the loftowing matters by the Finance Committee, ea~ier this evening be approved: 1. Adoption of the Minutes .of the February 27, 1995 Finance Committee meeting; FC-95-03 - Statement of Remuneration and Expenses for Members of Council, Committee of Adjustment and Recreation Commission - that Report 95-03, Statement of Remuneration and Expenses for Members of of Council, Committee of Adjustment and Recreation Commission be received and filed; 3. FC-95-04 - 1995 Current Operating Budget - to approve the 1995 Current Budget and 1995 tax rates as presented; 4. FC-95-05 - 1994 Reserves - to approve the suggested 1994 transfers to reserves; Niagara District Airport - that a one-time supplementary operational grant in the amount of $10,854 be approved for the Niagara District Airport to carry out projects identified in their capital budget conditional upon participation by the other member municipalities - Alderman Craitor opposed; 6. Silhouette Promotions - to deny the request from Silhouette promotions for reduction in Arena rental fees for the Home and Garden Show; 7. Niagara Falls Concert Band - that the Niagara Falls Concert Band be covered under the City's liability insurance premiums; Niagara South Board of Education - to receive and file the request from the Niagara South Board of Education to participate in their 25th Anniversary supplement - Aldermen Campbell, Hendershot, Janvary and Pietrangelo declared conflicts of interest because Niagara South Board of Education is their employer; The motion Carried with Alderman Craitor voting contrary to the motion regarding the Niagara District Airport matter; Aldermen Campbell, Hendershot, Janvary and Pietrangelo abstaining from the vote on conflicts of interest previously noted; and Aldermen ,Orr and Puttick voting contrary to the portion of FC-95-05 - 1994 Reserves - to approve the suggested 1994 transfers to reserves with respect to the Social Planning Council grant and with all others voting in favour. CD-95-11 - Chief Administrative Officer- Re: Proposal to Open New Bingo Haft in St. Catharines. The report recommends the following: -6- 1. That the City of Niagara Falls, in accordance with the Ministry of Consumer and Commercial Relations Criteria and Procedures for Bingo Halls, comment and oppose the opening of a new bingo hall in the City of SL Catharines, until such time as a market study is prepared in order to determine the impact on the charitable organizations in the City of Niagara Falls; 2. That copies of the attached report be forwarded to the City of SL Catharines and the Ontario Gaming Control Commission. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and adopted. The motion Carried with Aldermen Cummings and Craitor abstaining from the vote on conflicts of interest because they are members of organizations which are associated with running bingos and with all others voting in favour. RESOLUTIONS NO. 22 - WARD - CRAITOR - WHEREAS the Corporation of the City of Niagara Falls is located in a split riding; AND WHEREAS the split riding causes confusion to local residents; AND WHEREAS the southern portion of the Municipality contained in the Niagara South riding, represents half of the geographic area of the City of Niagara Falls; AND WHEREAS the Niagara South riding electorate can carry a majority satisfactory to win office without the support of the residents ~ving within the municipal boundaries of Niagara Falls. THEREFORE BE IT RESOLVED THAT the Counc~ of the Corporation of the City of Niagara Falls hereby requests the Provincial Government to consider changing the Provincial electoral boundaries of Niagara Falls to provide an electoral riding which incorporates the whole of the municipality into one riding served by one distinct representative rather than the current two. AND The Seal of the Corporation be hereto affixed. Carried UnanimouslY. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 95-48 A by-law to provide for the Appointments to certain Boards, Commissions and Committees. (Alderman Volpatti - Project Share; Alderman Pietrangelo - Boys & Girls Club; and Aldermen Pietrangelo and Volpatli - Niagara Falls Social Planning Council) 95-49 A by-law to amend By-law No. 85-53, being a by-law to provide for paying to persons to whom overpayments are refunded under subsection 36(6) of the Assessment Act. 95-50 A by-law to amend By-taw No. 79-200, as amended. (AM-27/90, 5-0 Taxi; Beaverdams Rd.) 95-51 A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan control (AM-27/90, 5.0 Taxi; Beaverdams Rd.) 95.52 A by-law to authorize the execution of an agreement with Brockway Properties Ltd. and Stewal Holdings Ltd. respecting Rezoning Application AM-33/94. 95.53 A by-law to amend By-law No. 79-200, as amended. (AM-33/94, Brockway Properties Ltd.) 95.84 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking & traffic on City Roads. (Parking, Parking Meter Control) - 7- 95-55 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking & traffic on City Roads. (Stop Signs, Through Highways, Speed Limits) 95-56 A by-law to authorize monies for General Purposes (March 6, 1995). The motion Carried with Aldermen Campbell, Craitor, Cummings, Hendershot, Janvary, Pietrangelo and Ward abstaining from the vote on conflicts of interest previously noted and with all others voting in layout. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the following by-laws be now read a second and third time: 95-48 A by-law to provide for the Appointments to certain Boards, Commissions and Committees. (Alderman Volpatti - Project Share; Alderman Pietrangelo - Boys & Girls Club; Aldermen Pietrangelo and Volpatti - Niagara Falls Social Planning Council) 95-49 A by-law to amend By-law No. 85-53, being a by-law to provide for paying to persons to whom overpayments are refunded under subsection 36(6) of the Assessment Act. 95-50 A by-law to amend ~y-law No. 79-200, as amended. (AM-27/90, 5-0 Taxh Beaverdams Rd.) 95-5f A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site p/an control (AM-27/90, 5.0 Taxi; Beaverdams Rd.) 95-52 A by-law to authorize the execution of an agreement with Brockway Properties Ltd. and Stewal Holdings Ltd. respecting Rezoning Application AM-33/94. 95-53 A by-law to amend By-law No. 79-200, as amended. (AM-33/94, Brockway Properties Ltd.) 95-54 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking & traffic on City Roads. (Parking, Parking Meter Control) 95-55 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking & traffic on City Roads. (Stop Signs, Through Highways, Speed Limits) 95-56 A by-law to authorize monies for General Purposes (March 6, 1995). The motion Carried with Aldermen Campbell, Creitor, Cummings, Hendershot, Janvary, Pietrangelo and Ward abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. NEW BUSINESS Casino Committee Pubtic Meetinq Alderman Norm Puttick informed that a meeting of the Casino committee would be held on Wednesday, March 8, 1995 to provide the committee with an update and further advised that, in accordance with the Ontario Casino Act, Council must give 15 days notice with regard to the holding of a public meeting on the casino matter, and indicated that the notice would be forthcoming. -6- Comments reclardincl Fort Erie Casino Alderman Gary Hendershot referred to correspondence from M.P,P. Shirley Coppen indicating her opposition to the taxing of company health benefits and any tax on a possible Fort Erie casino. Alderman Hendershot expressed concerns regarding her comments with respect to a Fort Erie casino and requested that a letter be forwarded from the Mayors Office to Shirley Coppen informing her that she also represents the City of Niagara Fafis and further that she be requested to attend a future Council meeting to discuss other mutual concerns. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that a letter be forwarded from the Mayors Office to Shirley Coppen reminding her that she also represents the City of Niagara Falls and further that she be requested to attend a future Council meeting to discuss other mutual concerns. Carried Unanimous/v. Railroad Blockages at Intersections Alderman Bruce Ward referred to a recent truck accident which resulted in road blockage of Garner, Kalar and Beaverdam Roads and was advised by Chief Co~eld that the Fire Department had been apprised of the railread problems and blockage of the intersections. The Director of Municipal Works responded to concems regarding meetings with individuals from C.N. Railroad, Council and staff members and he further advised that information was being compiled regarding the matter. Niaclara Falls Boundaries ORDERED on the motion of Alderman Ward, seconded by AIderman Craitor, that a resolution be forwarded to the Provincial Government requesting that consideration be given to changing the Provincial electoral boundaries of Niagara Falls to provide an electoral riding which incorporates the whole of the municipality into one riding served by one distinct representative rather than the current two. Carried UnanimousIv. Mayor's Call-in Prosram His Worship Mayor Thomson informed that the Mayors call-in program would be held on Wednesday, March 8, 1995 at 7:30 p.m, on Cable 10 and one of the topics would be "How Water Rates Are Arrived At". ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the meeting be adjoumed, Carried Unanimously. READ AND ADOPTED, l COMMIttEE OF THE WHOLE Committee Room #2 March 20, 1995 Council met on Monday, March 20, 1995 at 7:00 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Wayne Campbell, were present. Alderman Fermino Susin presided as Chairman. Following consideration of the items presented, the Committee of the Whole reported in open session. READ AND ADOPTED, G~'~, DEPUTY CITY CLERK ......................... :...~.... MAYOR WAYNE THOMSON PLANNING MEETING Council Chambers Mamh 20, 1995 Council met on Monday, Mamh 20, 1995 at 7:30 p.m. for the purpose of considering Planning Matters and Regular Business. All members of Council, with the exception of Alderman Wayne Campbell, were present. Alderman Bruce Ward offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTEREST Alderman Fermino Susin indicated a pecuniary interest on Report CD-95-13, because he is a member of Legion 396; By-law No. 95-60, because a member of his family obtained pole installation prices from the firm for contract work; Report F-95-10, Cheque Nos. M90754; M90755; M90769, because he had performed work in the subdivision. Alderman Susin indicated pecuniary interests from Council meetings of February 27, 1995 and March 6, 1995 - Report CD-95-1f, because members of his family involved; Cheque Nos. 210236, and M210170 because members of his family are firefighters; Cheque No. 210014, because his mother owns property in the area; and By- law 95-43, because members of his family involved. Alderman Gary Hendershot indicated a pecuniary interest on Report PD-95-44, because a member of his family is employed by the Casa D'Oro Restaurant; and indicated a pecuniary interest on Report F-95-10, Cheque No. 210434 because the recipient is his employer. Alderman Paisley Janvary indicated a pecuniary interest on Report F-95-10, Cheque No. 210434, because the recipient is her employer. Alderman Victor Pietrangelo indicated a pecuniary interest on Report F-95-fO, Cheque Nos. 210602; 210419; 210459; 210434, because the recipient is his employer. Alderman Kim Creitor indicated a pecuniary interest on Report F-95-10, Cheque Nos. M90746; 210482; 210573, because the recipient is his spouse's employer. -2- Alderman Judy Orr indicated a pecuniary interest on Report PD-95-47, because of the close proximity to her mothers residence. Alderman Bruce Ward indicated a pecuniary interest on Report F-95-10, Cheque No. 210531, because he is a shareholder in the company; and on Report PD-95-46, because he owns property in the subdivision. PLANNING MATTERS PD-95-47 - Chief Administrative Officer- Re: Centennial Square Redevelopment Plan. The report recommends the following: 1. That Council approve the Centennial Square Redevelopment Plan with staff recommendations as presented; That staff be authorized to finailze construction drawings; That Council commit $100,000 towards the cost of the estimated $200,000 project costs and that the awarding of contracts be discussed with the Province to determine the most efficient and expedient method of project implementation. (It is presently the understanding of staff that the Province is prepared to contribute up to $100,000.00 of the cost based upon satisfactory validation of its relationship to their work on Provincial lands); 4. That Council give staff direction respecting the addition of a water feature to the Plan. Mr. Jamie Douglas provided an overview of the Centennial Square Redevelopment Plan with the assistance of posted sketches. Following some discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings, that Recommendations I through 3 be approved including the water feature and further that the Mayor and Chief Administrative Officer be authorized to approach the Ministry for additional funding for the Civic Square and the expansion of the sidewalk/walkway along Queen Street in front of the Ministry of Tourism building and the elimination of parking in front of the Ministry of Tourism building. The motion Carried with Alderman Orr abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. "~ PD-95-48 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-32/94, Sheraton Fallsview Hotel; 6755 Oakes Drive. The report recommends the following: 1. That Council approve the application to permit a 19-storey building addition to the Sheraton Failsview Hotel; 2. That a by-law be prepared limiting the development of the site in accordance with specific details proposed in the application. - AND - Communication No. 64. Niagara Peninsula Conservation Authority. The communication advises as having no objections to the application. His Worehip Mayor Wayne Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. -3- The Deputy City Clerk advised that the Notices of the Public Meeting had been forwarded by First Class mail to all owners and persons assessed as of land within 120 meters of the subject lands on February 17, 1995. His Worship Mayor Thomson received indication that Mr. Dante MarineIll, Solicitor, was in attendance on behalf of the applicant and received a positive response to his request for a show of hands by persons present who were interested in the apptication. He requested that all persons wishing to receive further notice of the passage of the by- law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development referred to the subject property with the assistance of posted sketches and reviewed the Nature of the Amendment; the Background; the High-Rise Encroachment; the Tourism Master Plan; the Development Potential; and the Public Notification Process. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of,, or opposed to the app~cafion. Mr. Tom Richardson, Solicitor, indicated that the Niagara Parks Commission would be making a final decision regarding the matter on April 13, 1995; discussed the Parks Commission's understanding for the need to allow expansion of tourist facilities and the preservation of our tourist attraction; stated he was in attendance to express strong concerns, on behalf of the Niagara Parks Commission regarding the appearance of the proposed building in the vicinity and the impact on the escarpment. Mr. Richardson reviewed a policy agreement of 1989 and the implementation of the planning scheme. The Director of Planning and Development responded to concems expressed and advised that a new Master Plan had been developed and that Official Plan policies reflecting land use planning principles had been drafted and would be presented to Council in the near future. He referred to the Tourism Development Policy and the View Plane Criteria. Mr. Dante MarineIll, Solicitor, provided clarification with respect to the Memo of Understanding; advised that the proposal met all the Iocaton provisions of the Master Plan and was the best design option which would have the least impact on the escarpment. Mr. Marineill introduced Mr. Tye Farrow, Dunlop Farrow Inc., Architects, who provided computer-generated imagery of the proposed addition in various development scenarios and heights. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-32/94 closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the communication be received and filed. Carried UnanimousIV. PD-95-42 - Chief Administrative Officer - Re: Zoning by-law Amendment App~cation; AM-37/94; Rune Nansen c/o The Oasis; 12730 Montrose Road. report recommends the following: The That Council approve the application to establish a Children's Residence (group home) within the dwelling known as 12730 Montrose Road; 2. That the amending by-law include provisions which stipulate that the maximum number of residents is 10 and be comprised of no more than 8 children and accompanying parents at one time. -4- - AND - Communication No. 65 - Sheila Cowan, 12642 Montrose. The communication expresses concern regarding the safety of the ch~dren in the area of poultry operations which involve heavy machinery and large truck traffic. Communication No. 66 - Niagara Peninsula Conservation Authority. The communication advises as having no objections to the proposed amendment. His Worship Mayor Wayne Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Deputy City Clerk advised that the Notices of the Pubtic Meeting had been forwarded by Prepaid First Class mail to all owners and persons assessed as of land within 120 meters of the subject lands on February 17, 1995. His Worship Mayor Thomson received indication that Mr. Andrew Golding, Solicitor, was in attendance on behalf of the applicant and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by- law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development referred to the subject property with the assistance of posted sketches and reviewed the information contained in Technical Report PD-95-36; Nature of the Amendment; Background; Official Plan; Physical Assessment; Nature of the Zone Change; and the Public Notification Process. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a positive response from persons opposed to the application. Mr. Thomas Anthes, Manager, Rolling Meadows Country Club, expressed concems with regard to the safety of children residing in the area of a busy road and the supervision of the children at the facility. A resident in the area expressed concems for the safety of the children in the area of poultry operations involving heavy machinery and large truck traffic. Mr. Andrew Golding, Solicitor provided clarification to concerns expressed regarding safety and supervision and informed the property was fenced and there would be strict supervision of the children at the facility. He informed that the facility was to house a maximum of 10 residents with a maximum of 8 socially-disadvantaged ch~dren, referred by social service agencies. The Director of Planning & Development informed the facility would be monitored and licenced by the Province and if Provincial standards were not met, the licence could be revoked. '- Mr. Henry Orth, 12500 Montrose Road, referred to the type of fencing surrounding the property; the safety and control of the children in the area of Tee Creek. Mr. Anthes requested Counc~'s consideration for an undertaking that any injury occufing to the children of the facility as a result of crossing the road to the golf course, that the golf course not be held liable and that the issue of adequate fencing be addressed. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-37/94 closed. .ORDERED on the motion of Alderman Orr, seconded by AIderman Volpatti, that the report be approved subject to obtaining letters of support from the Family and Children's Services; the Regional Medical Officer; and a letter d indemnity for ~e golf course and further that adequate fencing be implemented. -5- The motion Carried with Aldermen Cummings, Fisher, Pietrangelo, Puttick and Susin voting contrary to the motion and with aft others voting in favour. ORDERED on the motion of Alderman Orr, seconded by Alderman Volpatti, that the communications be received and filed. Carried Unanimously. PD-95-43 - Chief Administrative Officer- Re: AM-3/95; Gale's Gas Bars Ltd. N/S Thorold Stone Road between Montrose Road and Queen Elizabeth Way. The report recommends the following: 1. That Council approve the requested amendment for the subject lands to be developed as part of the Mount Carreel Shopping Centre; 2. That the existing site plan agreement affecting the Mount Carmel Shopping Centre be amended; 3. That the owner construct a 1.5m sidewalk along the subject property's Thorold Stone Road frontage or provide the City payment for its construction. - AND - Communication No. 67 - Regional Niagara, Pubtic Works Dept. advises as having no objections to the rezoning application. The communication Communication No. 66 - Niagara Peninsula Conservation Authority. The communication advises as having no objection to the application. His Worship Mayor Wayne Thomson declared the Pubtic Meeting open and read the procedure to be fofiowed under the Planning Act. The Deputy City Clerk 'advised that the Notices of the Pubtic Meeting had been forwarded by Prepaid First Class mail to all owners and persons assessed as of land within 120 meters of the subject lands on February 17, 1995. His Worship Mayor Thomson received indication that Mr. Stewart Branscombe, was in attendance on behalf of the applicant and received a negative response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development referred to the subject property with the assistance of posted sketches and reviewed the information contained in Technical Report PD-95-35; Nature of the Zone Change; Compatibility; Servicing; and the Pubfic Notification Process. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a negative response from persons opposed to the appfication. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Pubtic Meeting with regard to Application AM-3/95 closed. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpaffi, that the communications be received and filed. Carried Unanimously. -6- PD-95-44 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-2/95, 828341 Ontario Ltd. (c/o F. Pingue); 5195 Magdalen Avenue. The report recommends the following: 1. That Council not approve that part of the subject application to permit the establishment of an adult entertainment parlour from a land use planning perspective; 2. That any an a~ comments received at tonighrs public hearing be considered in weighing the merits of the application, together with the land use planning matters addressed in this report; 3. That Council approve that part of the application to change the zoning of the vacant parcel of land on the northwest comer of Magdalen Street and McGra~ Avenue to a site specific parking (P) zone for use as required parking in conjunction with 5195 Magdalen Street; 4. That the applicant provide a~ road widenings, daylight triangles and sidewalks adjacent to those properties where the amendment application is appmved. - AND - Communication No. 69 - Regional Niagara, Planning and Development Department. The communication advises as having no comment to the application, but advises that there may be some local issues to be addressed such as the close proximity of the proposed use to existing residential uses and an elementary school Communication No. 70 - Regional Niagara, Public Works Dept. The communication advises as having no objections to the rezoning. Communication No. 71 - Sinclair, Crowe, Barristers and Solicitors. The communication expresses opposition to the proposed re-zoning application. Communication No. 72 - Maria Tirabasso, 5740 Desson Avenue. The communication expresses opposition to the application and indicates such an establishment would compromise the family way of life by breeding drugs, prostitution and criminal behaviour. Communication No. 73 - Niagara Peninsula Conservation Authority. The communication advises as having no objection to the proposal Communication No. 74 - Letters of opposition from residents residing in the immediate area. His Worship Mayor Wayne Thomson declared the Public Meeting open and read the procedure to be fo~owed under the Planning AcL The Deputy City Clerk advised that the Notices of the Public Meeting had been forwarded by Prepaid First Class ma~ to all owners and persons assessed as of land within 120 meters of the subject lands on February 17, 1995. His Worship Mayor Thomson received indication that Mr. Kevin Robins, Solicitor, was in attendance on behalf of the app~cant and received a positive response to his request for a show of hands by persons present who were interested in the application. His Worship Mayor Thomson requested that all persons wishing to receive further notice of the passage of ~e by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development referred to ~e subject property with the assistance of posted sketches and reviewed the information contained in Technical Report PD-95-37; Nature of the Amendment; Background; Regulations in Other Municipalities; Physical Assessment; Nature of the Zone Change; and the Public Notification .Process. - 7- The City Solicitor advised that there were four entertainment parlour establishments currently in existence. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a positive response from persons opposed to the app~cation. Rev. Anthony Inneo, Pastor of SL Ann's Church, expressed strong opposition on behalf of the parishioners of St. Ann's Church, to the establishment of an adult entertainment padour opposite St. Ann's Adult Learning Centre and Day Care Centre. Father Inneo stated that this would not be an appropriate type of establishment in the area. Mr. Frank DiNoble, Superintendent, Welland County Roman Catholic Separate School Board, expressed concerns regarding the establishment of an adult entertainment padour across from St. Ann's Adult Education Centre, which has a daycare centre in the same building; advised that a safe and caring environment should be provided to the students, and that the proposed application would provide a negative environmenL Mr. Kevin Robins, Solicitor, Reid, McNaughton provided a brief summary of the proposed application and stated that the suggested use was not intended to be detrimental to nearby businesses in the area and that the applicant wished to run a discreet and professional business. Mr. Robins advised that joining the parking area on the vacant Magdalen Street/McGra~ Avenue property would be considered only if the application was approved. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Pubtic Meeting with regard to Application AM-2/95 closed. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with Alderman Hendershot abstaining from the vote on a conflict of interest previously noted and with all ethers voting in favour. ORDERED on the motion of Alderman Janvary, seconded by AIderman Orr, that the communications be received and filed. Carried Unanimously. PD-95-46 - Chief Administrative Officer- Re: Official Plan & Zoning By-law Amendment Application; AM-5/95; River Realty Development (1976) Inc., 3799 Montrose Road (formerly Reese's Country Inn). The report recommends the following: That Council approve the application to develop single storey (bungalow) townhouse dwellings on the lands, at a reduced density of 24 unites per hectare (10 units per acre); That the amending by-law include provisions which stipulate that: i) the maximum number of dwelling units that can be developed on the lands is.63; ii) the minimum floor area per dwelling unit is 79 sq. m. (850 sq. ft.); iii)75 percent of the dwelling units are required to have attached garages; iv) the minimum building setback from all property lines is 7. 62m (25 ft.); v) the minimum landscaped open space is 50 percent of the site. That the amending by-law be conditional on the applicant paying for the construction of a sidewalk across the frontage of the site to the satisfaction of the MUnicipal Works Department. . AND - Communication No. 75 - Loll Landon, Southwood Drive. The communication expresses strong opposition to the application to amend the zoning by-law amendment. -8- Communication No. 76 - Regional Niagara, Planning and Development Department. The communication expresses as having no opposition to the proposal. Communication No. 77 - Mr. & Mrs. Aldo Curcio, 7666 Southwood Drive. The communication expresses strong opposition to the proposed development. Communication No. 78 - Vince & Barbara Conidi. The communication advises as being opposed to the development. Communication No. 79a) - Joseph De Blase & Antoinette De Blase, 7734 Southwood Drive & Petition. The communication attaches a petition, comprising of signatures and 50 households surrounding the subject lands, which opposes the amendment of the Official Plan and Zoning By-law; - AND - Communication 79b) - Joseph De Blase. The communication expresses specific concerns regarding the proposed application and requests Council consider a modified plan to the developer. Communication No. 80 - Niagara Peninsula Conservation Authority. The communication advises as having no objections to the proposal. Communication No. 8f - Regional Municipality of Niagara. The communication advises as having no objection, in principal, to the proposed zoning change to site specific R4 zone which would permit a maximum of 68 townhouse units, but requests that the comments in the communication be addressed. His Worship Mayor Wayne Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Deputy City Clerk advised that the Notices of the Public Meeting had been forwarded by Prepaid First Class ma~ to all owners and persons assessed as of land. within 120 meters of the subject lands on February 17, 1995. His Worship Mayor Thomson received indication that Mr. Stewart Branscombe, was in attendance on behalf of the applicant and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development referred to the subject property with the assistance of posted sketches and reviewed the information contained in Technical Report PD-95-36; Nature of the Amendment; Official Plan; Existing & Approved Housing Stock; Nature of the Zone Change; Parkland Dedication; Servicing; Site Plan Control; and the Public Notification Process. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a positive response from persons opposed to the application. Mr. Joe De Blase, 7734 Southwood Drive, addressed Council on behalf of the residents in the area and advised the residents were not opposed to the proposed residential development, but that ~e thrust of the opposition was based primarily on the number of units being proposed; he discussed the negative impact on the neighbourhood and surrounding properties; referred to the excessive people density; the excessive traffic; the impact on school enrolments; excessive noise; and the impact on' the value of the homes. Mr. De Blase discussed the '~vall effect" of the dwellings proposed along the northerly boundary of the site and suggested that the proposed townhouses be located in smaller clusters and oriented to the centre of the site; and requested that the residents of the neighbourhood be permitted to have direct input by working with the developer and City staff in the development of a more acceptable plan that would minimize the negative impact. -9- Mr. Rogers, 76 Foxe Drive, requested information regarding a proposed environmental assessment study and was advised by the Director of Municipal Works that the study was presently being prepared. Mr. Stewart Branscombe responded to concerns raised with respect to density,' design and style of the proposal and advised the Branscombe Foundation would build the development as a senior cifizen's complex. Mr. Branscombe indicated he was prepared to work with City staff, and the residents in the area to come up with an appropriate site plan and should be done through site plan approval on the basis that the zoning is approved. He requested that Council approve the application. Mr. A. Rampado, 3782 Northwood Dr. stated that the residents wished to have fair and honest input into the proposal. Following further discussion, it was ORDERED on the motion of Alderman Susin, seconded by Alderman Volpatti, that Council pass the Official Plan Amendment to change the designation from Commercial to Residential and that the Zoning by-law and Site Plan application be brought forward after the proponents, staff and residents have reached agreement on the design, style and general composition of tl~e proposal. The motion Carried with Alderman Ward abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. It was moved by Alderman Ward, seconded by Alderman Craitor, that approval be granted to proceed past ~ l:O0 p.m. Carried Unanimously. PD-95-39 - Chief Administrative Officer - Re: Site Plan Approval; NE Corner Kalar Road and McLeod Road; Proposed 156 Unit Residential Development. The report recommends that Council approve the site plan for the proposed residential development consisting of two, seven storey, 60-unit apartment buildings and a 38-unit townhouse pursuant to Section 41 of the Planning Act. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. PD-95-40 - Chief Administrative Officer - Re: Site Plan Approval; 3584 Bridgewater Street; Willoughby Manor; 52-Unit Retirement Home. The report recommends that Counc~ approve the revised site plan drawings for 3584 Bridgewater Street and that they be incorporated into the existing site plan agreement affecting this property pursuant to Section 4~ of the Planning Act. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the report be received and adopted. Carried UnanimouslY. PD-95-4f - Chief Administrative Officer - Re: Site Plan Approval; 5845 Gladstone Avenue; Addition to Portage Bakery. The report recommends that Counc~ approve the revised site plan drawings for a further addition to Portage Bakery and that they be incorporated into the existing site plan agreement affecting this property pursuant to Section 41 of the Planning Act. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the report be received and adopted, Carried Unanimously. PD-9545 - Chief Administrative Officer - Re: Provincial Changes to Reform the Planning and Development System in Ontario. The report states that in preparation for changes in the Provincial Planning Act the following is recommended: - ~ubli~ ~nd ~e de~el~mer~t ~mmun~/ of ~eir re~n~bi/~es und~ ~ ~nir~ ~ irl ~jbmi~g appropria~ applj~o~ and e/~ng ~e developm~l a~o,/~ pf~; Z That ~ff be dire~ in ~njun~on v/i~ R~ional ~ to revi~ ~e pr~u~ ~ ~fiduc~ng public m~n~s r~arding dra~ plans of subdivision; 3, That ~ff moni~r ~e ~ci~l Plan to en~ure ~nsi~en~ wi~ Provm~al Po;~f S~men~ and ~n~nue di~us~ons wi~ ~e Region and Provin~ ~n~m~g Rural/Agricu/~ral policies for ~e ~u~ ~on of ~e Ci~; 4, That ~ff review ~e various legisla~ve changes made with respect to en~r~mental pro~c~on and mpo~ ~ ~e Cites Envirenmen~l Planning and Greening ~mm~ee as ~ the changes which need to or ~uld ~ke place at ~e local level. ORDERED on the motion of A!derman Pu~ck, seconded by AIde~an CraitoC ~at ~e repo~ be revived and adop~d, Carried Unanimously. PD-95-49 - Chief Administrative Officer - Re: Request for Extension to Draft Plan Approval; Beaver WIley, 26T-90022. The report recommends the following: f, That a Council resolution supporting a one-year extension to the Beaver Valley Draft Plan of Subdivision be adopted and forwarded to the Regional Municipality of Niagara, conditional upon the applicant re-erecting the appropriate subdivision sign which complies with Municipal and Regional requirements; 2, That a copy of this report and Council' decision be forwarded tot he Regional Municipality of Niagara. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. PD-96-50 - Chief Administrative Officer - Re: Request for Extension to Draft P/an Approval; Carol Subdivision Extension; 26T-88035 (Revised). The report recommends the following: That A council resolution supporting a one-year extension to the Carol Subdivision Extension Draft Plan of Subdivision be adopted and forwarded to the Regional Municipality of Niagara, conditional upon the applicant maintaining thb appropriate subdivision sign which doraplies with Municipal and Regional requirements; 2, That a copy of this report and Council's decision be forwarded to the Regional Municipality of Niagara. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. PD.BS.Sf - Chief Administrative Officer - Re: Site Plan Approval; Proposed Commercial/Residential Development; 4407 Montrose Road. The report recommends the following: 1.' That Council approve the site plan for a proposed commemial/residenfial development at 4407 Montrose Road pursuant to Section 41 of the Planning, Act; 2. That the Chief Building Official be authorized to execute a Conditional Building Permit Agreement with the owner on behalf of the City. ORDERED on the motion of Alderman Pletrangelo, seconded by Alderman Fisher, that · the report be received and adopted, carried Unanimously. - 11 - REGULAR COUNCIL MATTERS ADOPTION OF MINUTES ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the Minutes of the Regular Council Meeting of Mamh 6, 1995 be adopted as printed. Carried Unanimously. PRESENTATIONS The Friends of Scoutincl Ms. Debbie McMahon presented an award to the Mayor and City Council, on behalf of the Friends of Scouting, for 60 (1935-1995) years of support to the Niagara District Council; also in attendance were Mr. Dan Walker, Mr. Wayne McMillan and Mr. Hugh Detlor. Mayor Thomson expressed appreciation and best wishes on behalf of the City. DEPUTATIONS Mrs. Ruth Weaver, 7874 Pamela Drive expressed concems with regard to the Dogs Running at Large By-law and an incident regarding the loss of her family pet and the involvement of the Niagara Falls Humane Society. Mr. Bruce Cowan, Manager, Niagara Falls Humane Society provided clarification with regard to Mrs. Weavers concams. Following the discussion, it was noted that Mrs. Weaver would be attending the next Humane Society's Board meeting and should address her concerns at that time. Ms. Diana VanKleef, Campark Resorts expressed concerns regarding the rail crossing at Niagara Regional Road 51 (Lundy's Lane) and requested that to improve the safety and health of the residents living in the area, consideration should be given to the possibility of installing signalized barriers at Niagara Regional Road 51 (Lundy's Lane), Mileage 26.37, Stamford Subdivision. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, that Council endorse Ms. VanKleers suggestion regarding the investigation of installing a proper crossing gate arm at Niagara Regional Road 51 (Lundy's Lane) and that the matter be referred to staff. Carried Unanimously. COMMUNICATIONS Communication No. 82 - The Salvation Army, Public Relations Department - Re: Proclamation. The communication requests Council proclaim the month of May as "Red Shield Month ". ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the request be supported subject to established policy..Carrie~ Communication No, 83 - The Social Planning Counc~ of Niagara Falls and Niagara Regional Race Relations Council - Re: Proclamation. The communication requests Council proclaim March 21, 1995 as "The International day for the Elimination of Racism". ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings, that the request be supported subject to established policy. Carried Unanimously, Communication No. 84 - Audrey Vendramin, 4041 Terrace Avenue - Re: CondiXon of property at Burgess Battery. The communication indicates the property and building is in disrepair and requesting that it be cleaned up. OPDERED cn the rnob'on of Alderman Ward, seconded by Alderman Pietrangelo, that the matter be referred to staff. Carried Unanimously. Communication No. 85a) Regional Niagara, Office of the Clerk- Re: Bill 163. The communication asks Council support a resolution requesting the Government of the Province of Ontario to delay the implementation of the remaining provisions of Bill 163 until appropriate regulations are in place and there has been sufficient consultation with the levels of government directly affected by the legislation. - AND - Communication No. 85b) The Corporation of the City of Brampton - Re: Bill 163. The communication asks that Council consider a resolution requesting that the Province temporarily delay the proclamation of Bill 163 until such time as the Bill can be harmonized with Bill 209, The Members' Integrity Act. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, that requests 85a) and 85b) be supported. Carried Unanimously. Communication No. 86 - The Corporation of the City of Kingston - Re: Public Institutions - Tax Free Status. The communication asks Council support a resolution requesting the provincial Government to correct the tax inequity of public institutions that enjoy a tax free status by amending all necessary statutes so as to allow business and property taxes to be collected for all commercial activities or contracting out for-profit operations for certain activities that take place on tax exempt properties. ORDERED on the motion of Alderman Susin, seconded by Alderman Orr, that the request be supported. Carried UnanimouslY. Communication No. 87 - Regional Niagara, Health Services Department - Re: Ontario Tobacco Control Act. The communication requests Council consider strengthening the tobacco legislation within the Municipality and the Region. ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary, that the matter be referred to staff. Carried UnanimousIv. Communication No. 88 - Federation of Canadian Municipalities (FCM) - Re: Termination of Support for the National Packaging Protocol (NAPP). The communication requests Council urge the Federal Government to reaffirm its commitment to NAPP and the targets and policies of the Protocol; and further to recognize through NAPP the importance of environmentally friendly packaging for Canadian products and the Canadian economy. ORDERED on the motion. of Alderman Janvary, seconded by Aldermat~ Susin, that the request be supported. Carried Unanimously. Communication No. 89 - The Boys' & GIHs' Club of Niagara - Re: 7th Annual Triathlon. The communication provides an invitation to Council to attend the 7th Annual Triathlon on April 1, 1995 at 9:00 a.m. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the communication be received and filed for the information of Council. Carrie.___.~d Unanimously. REPORTS MW-95.46. Chief Administrative Officer - Re: Easement Agreement with Ontario Hydro for · 60" Dtameter Storm Sewer Outfell to the Ontario Hydro Canal at the N.S. & T. The report recommends that the by-law appearing on tonighrs Council agenda be given the necessary readings to auffiorize the execution of the Easement Agreement with Ontario Hydro for the above location. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously, See By-law No. 95-58 - 13- MW-95-49 - Chief Administrative Officer - Re: Program of Proposed Supplementary Expenditures for Highway Improvements for the Year f995; Minister of Transportation Form MR-A-fd. The report recommends that the Program of Proposed Supplementary Expenditures for Highway Improvements for the year 1995, dated March 13, 1995, be adopted and presented in the total estimated amount of $1,776,200.00 for Supplementary Subsidy. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. See Resolution No. 23 MW-95-50 - Chief Administrative Officer- Re: Program of Proposed Expenditures for Highway Improvements for the year f995 ~ Ministry of Transportation Form MR- A-f6. The report recommends that the Program of Proposed Expenditures for Highway Improvements for the year 1995, dated March 13, 1995, be adopted as presented in the total estimated amount of $6,990,350.00 with an estimated subsidy of $2,273,000.00. ORDERED on the motion of Alderman Janvary, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. See Resolution No. 24 RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the actions taken on the fo~owing matters by the Community Services Committee, earlier this evening be approved: - Minutes of the Community Services Committee Meeting of March 6, 1995; - Alderman Fermino Susin wished the following declarations of conflicts of interest noted from previous meetings where he was not in attendance: - Report FD-95-01 Fire Defibrillation; Report MW-95-31 - Contract 95-01 - General Maintenance Pole Replacement & Installation of New Street Lighting Fixtures; Report MW-95-40 - Street Light Maintenance Contract (Extension) - All conflicts declared respecting to the street lighting contract are because Alderman Susin's son obtained pole installation prices from GAMS for contract work they are doing Above-noted Declaration of Conflict of Interest taken under advisement; - MW-95-48 - Waste Management Jurisdiction - 1) The City of Niagara Falls supports the Transfer of Jurisdiction to the Region for Planning and Administration and that the Transition and Implementation of this Waste Management Component begin as soon as possible - Alderman Susin opposed; - The City of Niagara Falls supports the Transfer of Jurisdiction to the Region for Waste Diversion (3R's); - The City of Niagara Falls supports the Transfer of Jurisdiction to the Region for Waste Collection subject to continuation of the current level of service until expiry of the Collection Contracts and subject to the Transition Team giving consideration to the availability of enhanced levels of service (in addition to a basic uniform Regional level of service) if so desired by local Municipalities, perhaps on a surcharge basis, once amalgamation of Collection Services takes place - Aldermen Susin and Volpatti opposed; - The City of Niagara Falls supports the Transfer of Jurisdiction to the Region for Waste Disposal - Alderman Susin - opposed; - The City of Niagara supports the principles set out in the Implementation approach as amended in the Director's Report - Alderman Susin opposed; - 14 - - MW-95-59 - Regional Road Rafionalizafion - that 1) the City of Niagara Falls assume the following Regional roads as part of its road system; a) Clifton Hill from Victoria Avenue to River Road; b) Murray Street from Stanley Avenue to River Road; c) Victoria Avenue from Stanley Avenue to bridge Street; d) Main Street from Cummington Square to Niagara Parks Commission Boulevard; and 2) the Regional Municipality of Niagara assume the following City road; a) McLeod Road from thorold Townline Road to Montrose Road; . MW-95-47 - Building Division Report for January/FebruarY, 1995 - that the report be received and filed for information; - MW-95-51 - Construction Renovator Licensing - that persons who undertake the repair of building not be licensed; . MW-95-53 - New Little Mississippi Drain Bank Restoration Program - that the report be received and filed for information; - MW-95-54 - Local Improvement Rates Update - that the new rates for local improvement works indicated in the report be adopted for 1995; - MW-95-55 - Space Accommodation Standards programme - City Hall- that 1) Community Services Committee and Council authorize staff to proceed with the Space Accommodation Standards programme for City Hall; and 2) that the Community Services Committee and Council approve the hiring of Intedor Design Collaborative Inc. to assist staff with the preparation of the Space Accommodation Standards Programme for the cost of $5,880.00 plus disbursements - Alderman Orr - conflict of interest; Alderman Craitor - opposed; - MW-95-56 - Contract 94-121 - Storm Sewer Installation and Road Rehab on Inglis Drive & Alexander Crescent and Storm Sewer Installation on Stanley Avenue and Valley Way - that no award of this contract be made at this time pending further review by staff - Alderman Susin - conflict of interest; - MW-95-57 - Contract 95-28 - Operation of the Mountain Road Landfill site - that the ~ Current Operating Procedures at the City's Landfill site be extended until April 30, 1995; - CS-95-01 - General Maintenance Pole Replacement and Installation of New Street Lighting Fixtures - that Council reaffirm its decision to award Contract 95-01 to Ground Aerial Maintenance Services Limited (G.A.M.S.) from April 1, 1995 to FebruarY 28, 1998 -Aldermen Orr and Volpatti opposed; Alderman Susin - conflict of interest; The motion Carried with Alderman Susin voting contrary to MW-95-48 the portion dealing with the Transfer of Jurisdiction to the Region for Planning & Administration; Aldermen Susin and Volpatti voting contrary to the portion of continuation of the current level of service; Alderman Susin voting contrarY to the portion regarding the transfer of jurisdiction to the Region for Waste Disposal and the Implementation approach in the Directors Report; Alderman Orr abstaining on a conflict of interest on Report MW-95-55; Alderman Craitor voting contrary to Report MW-95-55; Alderman Susin abstaining from the vote on a conflict of interest on Report MW-95-56; Aldermen Orr and Volpatti voting contrary to Report CS-95-01; Alderman Susin abstaining from the vote on a conflict of interest on Report CS-9,5-0'/and with all others voting in favour. See By-law No. 95-60. R-95-16 - Chairman, Community Bulletin Boards - Re: Community Bulletin Boards, The report recommends that Council receive and file this report for information purposes. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary, that the report be received and ~ed for information. Carded Unanimously. - 15 - HR-95-05 - Chief Administrative Officer- Re: f995 Canada Day. The report recommends that City Council declare the following paid holiday: Canada Day - to be observed on Monday, July 3, 1995. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. F-95-10 - Chief Administrative Officer- Re: Municipal Accounts. The report recommends that the accounts totalling $19,131,554.82 for the period ending March 20, 1995, be approved by the passing of the by-law appearing later on the agenda. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and adopted. The motion Carried with Craitor, Hendershot, JanvarY, Pietrangelo, Susin, and Ward abstaining from the vote on conflicts of interest previously noted and with a~ others voting in favour. See By-law No. 95-61 CD-95-13 - Chief Administrative Officer- Re: Special Occasion Permit- Legion Branch 396. The report recommends that Council indicate it has no objection to the issuance of a Special Occasion Permit to the organization listed in the report. ORDERED on the motion of Alderman Ward, seconded by Alderman Puttick, that the report be received and adopted. The motion Carried with Alderman Susin abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the actions taken on the following matters by the Committee of the Whole, earlier this evening be approved: 1. That the Divisional Court Application between Joseph Pietrangelo and the City of Niagara Falls and Francesco Pietrangelo and Salvatore Pietrangelo, being an application for Leave to Appeal the decision of the Ontario Municipal Board, that the Solicitor be authorized to approve the Leave to Appeal application and to take all necessary steps in that regard; 2. That Council approve the first step in the staffing agreement regarding the posting of 11 permanent positions. The motion Carded with Alderman Pietrangelo abstaining from the vote on a conflict of interest on the Leave to Appeal matter,' and Alderman Orr voting contrarY to the motion regarding the staffing agreement and with all others voting in favour. RESOLUTIONS NO. 23 - CUMMINGS - ORR - RESOLVED that the Program of Proposed Supplementary Expenditures for Highway Improvements for the year 1995, dated March 13, 1995, be adopted and presented in the total estimated amount of $1,776,200 for Supplementary Subsidy. AND The Seal of the Corporation be hereto affixed. Carried Unanimously. NO. 24 - CUMMINGS - ORR - RESOLVED that the Program of Proposed SupplementarY. Expenditures for Highway Improvements for the year 1995, dated March 13, 1995, be adopted and presented in the total estimated amount of $6,890,600.00 with an estimated Subsidy of $2,273, 000. 00. AND The Seal of the Corporation be hereto affixed. Carried Unanimously. - 16 - NO. 25 - CUMMINGS - ORR - RESOLVED that the City of Niagara Falls hereby authorizes the submission of an Application for Grants under the Waste Management Improvement Program and the Financial Assistance Program; and that the Mayor and Clerk be authorized to sign the Grant Application on behalf of the Corporation. AND The Seal of the Corporation be hereto affixed. Carried Unanimousiv. BY-LA_. ~ WS ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 95-57 A by-law to authorize the execution of an agreement with Nick Altieri Excavating Limited, for the demolition and removal of a building at 4846 Ontario Ave. 95-58 A by-law to authorize the acceptance of a Transfer of Easement from Ontario Hydro for the purpose of constructing and maintaining a storm sewer and other works. 95-59 A by-law to authorize the conveyance of a laneway be~veen Lot Nos. 133, 134, f85 and ~86 Plan 285 to the abutting owners. 95-80 A by-law to authorize the execution of an agreement with Ground Aerial Maintenance Service Ltd. 95-6f A by-law to authorize monies for General Purposes (March 20, 1995). The motion Carried with Aldermen Craitor, Hendershot, Janvary, Pietrengelo, Susin, and Ward abstaining from the vote on By-law No. 95-6f on conflicts of interest previously noted; Aldermen Orr and Volpatfi voting contrary to the motion on By-law No. 95-60; and Alderman Susin abstaining from the vote on By-law No. 95-60 on a conflict of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the following by-laws be now read a second and third time: 95-57 A by-law to authorize the execution of an agreement with, Nick Altieri Excavating Limited, for the demolition and removal of a building at 4846 Ontario Ave. 95-58 A by-law to authorize the acceptance of a Transfer of Easement from Ontario Hydra for the purpose of constructing and maintaining a storm sewer and other works. 95-59 A by-law to authorize the conveyance of a laneway between Lot Nos. 133, 134, 185 and 186 Plan 285 to the abuffing owners. 95-80 A by-law to authorize the execution of an agreement with Ground Aerial Maintenance Service Ltd. 95.6f A by-law to authorize monies for General Purposes (March 20, ~995). The motion Carried. with Aldermen Craitor, Hendershot, Janvary, Pietrangelo, SuSin, and Ward abstaining from the vote on By-law No. 95-61 on conflicts of interest previously noted; Aldermen Orr and Volpatti voting contrary to the motion on By-law No. 95-60; and Alderman Susin abstaining from ~e vote on By-law No. 95-60 on a conflict of interest previously noted and with all others voting in favour, 17- NEW BUSINESS Extension of Bus Route Alderman Norm Puttick referred to correspondence received requesting an extension of the bus route to Weinbrenner Road, provided a copy of the correspondence to the Chief Administrative Officer and requested that the matter be looked into. Public Casino Meetinq Alderman Norm Puttick advised that the notice for the holding of a public meeting has been placed in the newspaper advising that a pubtic meeting will be held on April 3, 1995 in Council Chambers regarding the casino issue. Bill 163 - Local Government Disclosure of Interest Act Alderman Norm Puttick referred to correspondence from the Association of Municipalities of Ontario (AMO) regarding Bill 163 and the Province's decision to proclaim local government disclosure of interest act on April 15, ~995. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that a resolution expressing Council's opposition to the proclaiming of Bill 163 and that Bill 163 be harmonized with Bill 209 to provide a more fair set of regulations for local Aldermen and the resolution be forwarded to the Premier of Ontario. Carried Unanimously. Proposed Mountain Road Closure Alderman Selina VOIpatti referred to correspondence from Walker Industries and the issue of the proposed Mountain Road closure and Beechwood Road serving as a possible Regional Road. Alderman Volpatti was advised that the Region would have to pass a by-law requesting closure of Mountain Road. Act of Heroism Alderman Fisher referred to a recent act of heroism by Mr. Sam LaRosa and other individuals and requested that a letter of commendation be forwarded to those involved. ORDERED on the motion of Alderman Fisher, seconded by Alderman Susin, that a letter of commendation be forwarded to all the individuals involved in a recent act of heroism. Carried Unanimously. Demolition Material from Ministry of Tourism Buildinn Alderman Pat Cummings requested information on whether demolition material from the Ministry of Tourism building would be going to any landfill site in the area and was advised by the Director of Municipal Works that the matter would be looked into. Market Value Assessment Alderman Kim Craitor enquired whether Market Value Assessment would be postponed and was advised by Mayor Thomson that the work was still ongoing through the Assessment Department to bring the matter to a conclusion and that market value assessment was still proceeding. - fS- Commuter parkincl Lot Alderman Kim Craitor addressed the issue of providing a possible commuter parking lot in the area of Mountain Road and enquired whether there would be City representation at an upcoming meeting on March 21, 1995. Following further discussion, it was ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that the Ministry of Transportation be advised of Council's continued support for having the Mountain Road area as a possible commuter parking lot site. Carried Unanimously. Basement Apartments Alderman Kim Craitor referred to the issue of basement apartments and the · potential problems they could create as a result of recent planning legislation. Ha~pv 60th AnniversarY ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that congratulations be forwarded to former Fire Chief Start Thomson and Mrs. Harriet Thomson on the occasion of their 60th Wedding Anniversary. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the meeting be adjourned. Carried Unanimously. READAND ADOPTED, CLERK COMMITTEE OF THE WHOLE Committee Room #1 March 27, 1995 Council met on Monday, March 27, 1995 at 7:00 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Puttick, who was on vacation, were present. Alderman Judy Orr presided as Chairman. Following consideration of the items presented, the Committee of the Whole did not rise to report. READ AND ADOPTED, REGULAR MEE~NG Council Chambers March 27, 1.995 Council met on Monday, March 27, 1995 at 7:30 p.m. for the purpose of considering Regular Business, All members of Council, with the exception of Alderman Puttick, who was on vacation, were present. Alderman Gary Hendershot offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTEREST Alderman Craitor indicated pecuniary interests on Report F-95-11, Cheque No. 210779, because he sits on the Board as a volunteer member; Cheque Nos. 210673; 2f0791, because the recipient is his spouse's employer; and Cheque Nos. 210879; M90775, because his employer is involved; Reports CD-95-14 and CD-95-15 because he is involved with an organization that operates bingos. Alderman Cummings indicated a pecuniary interest on Reports CD-95-14 and CD-95- 15 because he is involved with an organization that operates bingos. Alderman Susin indicated a pecuniary interest on Reports CD-95-14 and CD-95-15, because members of his family are involved with an organization that operates bingos. ...2 -2- The Y.M.C.A. of Niaclara Falls DEPUTA~ONS Mr. Ed Nieuwesteeg, Chairman, Board of Directors, Y.M.C.A. introduced Ms. Sylvia Roach end Mr. France Savoia who were in attendance; provided background information regarding the Y.M.C.A. of Niagara Falls and advised that the current fac~ities were insufficient and too worn out to meet the future needs of the community; indicated the need for a feasibility study to determine the requirements of the community; possible sites for a new YMCA community centre; the amount of money the Y.M.C.A. could raise and an examination of potential partnerships. Mr. Nieuwesteeg requested the City consider joining in a steering committee to address the issues and consider defraying some of the costs and thanked Council for the opportunity to make the presentation. The matter of an indoor pool and sports centre in Chippawa and funding for a feasibility study were discussed, The Director of Community Services provided clarification with respect to availability of funds from the Strategic Planning Study and suggested the matter be referred to staff for a report. ORDERED on the motion of Alderman Ward, seconded by Alderman Volpatti, that the matter be referred to staff for a report. Carried Unanimously. Prior to dealing with further matters, His Worship Mayor Thomson recognized Renata Martin, who informed March was "Red Cross Month" and provided information on the Jelly Bean Blitz Program. His Worship Mayor Thomson wished the Red Cross much success in the program. Stadium Consultants International Inc. Mr. Murray Beynon, Stadium Consultants International Inc., introduced Mr. Gary Watklns, Vice President, Stadium Consultants International Inc., provided a brief history of the organization; reviewed the development of sports facilities through the use of slides, in Barde, Windsor and Oshawa; reviewed the community and economic benefits to those communities and the applicability of such new state-of-the-art entertainment and sports facilities to Niagara Falls. Mr. Beynon thanked members of Council for the opportunity to make his presentation. Following some discussion, it was ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the matter be referred to staff for a report regarding a multi-use facility. Carried Unanimously. COMMUNICATIONS Communication No. 90 - The Bethlehem Housing Project of Niagara - Re: Proclamation. The communication requests Council proclaim the week of April 3 to .April 9, 1995 as "Bethlehem Week". ORDERED on the motion of Alderman Campbell, seconded by Alderman Fisher, that the request be supported subject to established policy. Carried Unanimously, ...3 - 3- Communication No. 9f - Corporation of the City of Thorold - Re: Transfer of Ownership of Niagara District Airport to Region of Niagara. The communication requests Council support a resolution for the transfer of ownership of Niagara District Airport to the Region of Niagara. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the request be supported. Carried Unanimously. Communication 92a) Corporation of the City of Kingston - Re: Bill C-278 dealing with unsolicited, unaddressed mail. The communication requests Council support Bill C-278 being legislation that requests Canada Post Corporation respect the wishes of citizens who do not wish to have unaddressed junk mail delivered to them. - AND - Communication No. 92b) The Corporation of the City of Burlington - Re: Bill C-278. The communication requests Council support a resolution petitioning the Minister responsible for Canada Post to amend the Postal Act and corresponding Regulations to allow concerned Canadians the right to refuse unsolicited, unaddressed mail before it is delivered. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the requests in Communication 92a) and 92b) be supported. Carried UnanimousIV. Communication No. 93 - Regional Niagara, Office of the Clerk - Re: Region-Wide Reassessment Status Report No. 2. The communication provides an update on the status of reassessment work and the timetable for implementation for 1996 taxation. ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo, that the communication be received and filed for the Information of Council. Carried Unanimously. REPORTS HR-95-06 - Chief Administrative Officer - Re: Employment Equity. The report recommends that the report is for the information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the report be received and filed for the information of Council. Carried Unanimously. RATIRCATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the actions taken on the following matters by the Community Services Committee, earlier this evening be approved: MW-95-58 - Water/Wastewater Utility - that endorsement be given to the establishment of a Self-Supporting, User-Pay Water/Wastewater Utility, including Universal Water Metering, effective January, 1997; that a Public Education/Awareness Program, including a public Attitude Survey, on the Utility Concept and its impacts be undertaken with the results of same to be reported to Council before any implementation action; and that staff be directed to develop an Implementation Strategy for the Water/Wastewater Utility with periodic Status Reports or Approval Reports for the various cbmponents; MW-95-61 - Building Permit Fee By-law - that the attached Schedule of Fees pertaining to Construction and Installation be approved, and that the Amending By- law to the Building By-law be approved; MW-95-62 - Building and Safety Week - that the week of April 9th to April 15th, 1995 be proclaimed as "Building Safety Week" and that Council endorse the placing of an Information Booth and Exhibit at the Home Show, the Library and in City Hall; ...4 -4- 4. R-95-17 - Playground Installations - that the site selection process for new playground equipment be approved; and that the unit for Solar Park be included for City Council's consideration in the f996 Capital Construction Program Budget submission for Parks, Recreation & Culture; and that the area residents be advised accordingly. See By-law No. 95-67 F-95-1f - Chief Administrative Officer- Re: Municipal Accounts. The report recommends that the accounts totalling $1,131,472. 10 for the period ending March 27, f995, be approved by the passing of the by-law appearing later on the agenda. ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the report be received and adopted. The motion Carried with Alderman Craitor abstaining from the vote on conflicts of interest previously noted and with a~ others voting in favour. See By-law No. 95-66 CD-95-14 - Chief Administrative Officer- Re: Municipal Bingo Calendar - Reduction of Friday Late Night Time Slot. The report recommends the fo~owing: 1. That the bingo calendar be amended to allow for the reduction of the Friday late night time slot to I event per evening from the current 2 events; 2. That the late night time slots will be shared between the existing licensees in proportion to the number of licences each organization currently holds; 3. That the reduction in the event calendar be for a six-month trial period; the review will be conducted during the 5th month of the trial period; 4. That during the trial period, there will be no transferring of licences or licensees from one commercial hall to another. ORDERED on the motion of Alderman Janvary, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with Aldermen Craitor, Cummings and Susin abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. CD-95-15 - Chief Administrative Officer- Re: Lottery Totals for 1994. The report recommends that the contents of this report be received and filed for information purposes. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the report be received and tiled for the information of Council. The motion Carried with Aldermen Craitor, Cummings and Susin abstaining from the vote on conflicts of interest previously noted and with a~ others voting in favour. L-95-21 - Chief Administrative Officer - Re: Amendments to By-law No. 76-102; Granting, Refusing and Revoking Licences. The report recommends that Counc~ approve the changes to the Licencing By-law No. 76-102, as amended, as set out in Schedule "A" attached to this report, which amendments will incorporate the recent amendment to the Municipal Act concerning the granting, refusing and revoking of business Iicences. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law No. 95-62 ...5 - 5- BY-LAWS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that leave be granted to introduce the following by-laws, and the by-laws be read a fi~'st time: 95-62 A by-law to amend By-law No. 76-102, as amended, being a by-law respecting the issuance of licences. 95-63 A by-law to authorize the execution of an agreement with Pennmar Holdings Inc. respecting "The Valley Way Condominium" subdivision. 95'64 A by-law to amend By-law No. 395, 1966 of the former Township of Willoughby, now in the City of Niagara Falls, as amended. (PD-95-12, AM- 35/94) 95-65 A by-law to amend By-law No. 79-200, as amended. (PD-95-25, AM-38/94, Thorowest Plaza) 95-66 A by-law to authorize monies for General Purposes (March 27, 1995). 95-67 A by-law to amend By-law No. 94-42, as amended, being a by-law respecting buildings and building permits. The motion Carried with Alderman Craitor abstaining from the vote on By-law No. 95-66 on conflicts of interest previously noted and with a~ others voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the following by-laws be now read a second and third time: 95-62 A by-law to amend By-law No. 76-102, as amended, being a by-law respecting the issuance of licences. 95-63 A by-law to authorize the execution of an agreement with Pennmar Holdings Inc. respecting "The Vafiey Way Condominium" subdivision. 95'64 A by-law to amend By-law No. 395, 1966 of the former Township of Willoughby, now in the City of Niagara Falls, as amended. (PD-95-12, AM- 35/94) 95-65 A by-law to amend By-law No. 79-200, as amended. (PD-95-25, AM-38/94, Thorewest Plaza) 95-66 A by-law to authorize monies for General Purposes (March 27, 1995). 95-67 .. A by-law to amend By-law No. 94-42, as amended, being a by-law respecting buildings and building permits. The motion Carried with Alderman Craitor abstaining from the vote on By-law No. 95-66 on conflicts of interest previously noted and with all others voting in favour. NEW BUSINESS Letter of Condolence ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that a letter of condolence be forwarded to the family of the late Frederick William Plato, a long time resident and well-respected citizen of the community. Carried UnanimousIV. ...6 -6- Cvanamid Bu~dincl Dismantlincl Alderman Pat Cummings requested the status on the dismantling of the Cyanamid building. He was advised that the Chief Administrative Officer would look into the matter and that further information would be provided. Arts & Culture Commission Alderman Gary Hendershot referred to the successful Arts & Culture seminar which had been held on March 25, 1995 and hasted by the Arts and Culture Committee; and provided an update on the Niagara Falls Art Gallery and invited everyone to attend. Proiect S.H.A.R.E. Alderman Selina Volpatti provided an update on the activities of Project S.H.A.R.E., and informed that Project S.H.A.R.E would be holding their annual meeting on May 11, 1995 with the guest speaker, Mr. Ron Yorke. Prol3erty at 4865 Victoria Avenue Alderman Kim Craitor referred to the condition of the property at 4865 Victoria Avenue and requested further information regarding barricades and fill going into the area. The Director of Municipal Works indicated he would provide the information to the Alderman. Reaulations Reclardina Cats ORDERED on the motion of Alderman Craitor, seconded by Alderman Orr, that the matter regarding the regulation of cats be referred to staff for a report. Carried Unanimously. Alderman Paisley Janvary expressed concerns regarding dogs fouling parkland property and enquired whether identifying the problem areas through surveillance would encourage dog owners to clean up after their dogs. Boys' and Girls' Club Triathlon Alderman Victor Pietrangelo advised that the Boys' and Girls' Club of Niagara would be holding their 7th Annual Triathlon on April f, 1995 and invited everyone to aftend this weekend. School Zone Sinns on O'Neil Street Alderman Wayne Campbefi referred to the removal of School Zone Signs on O'Neil Street and requested that consideration be given to re-erecting the School Zone signs in order to slow down traffic in the area. ORDERED on the motion of Alderman Campbell, seconded by Alderman Ward, that the matter be referred to the Parking & Traffic Committee. Carried Unanimously. ,..7 - 7- All-Way Stop at Ontario and Eastwood Alderman Wayne Campbell requested that consideration be given for an All-Way Stop sign at Ontario and Eastwood in order to slow down traffic in the area. ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that the matter regarding an All-Way Stop for Ontario and Eastwood be referred to the Parking and Traffic Committee. Carried Unanimously. Parkincl in front of Central Variety on Victoria Avenue Alderman Wayne Campbell referred to a metered parking stall in front of Central Variety which had been replaced with a "No Standing" restriction and requested that the matter be investigated. ORDERED on the motion of Alderman Campbell, seconded by Alderman Ward, that the matter regarding a "No Standing" restriction in front of Central Variety on Victoria Avenue be investigated. Carried UnanimousIv. Rate of Interest on Overpavment of Taxes Alderman Fermino Susin requested information on the rate of interest on overpayment of taxes as a result of assessment appeals, The Director of Finance provided clarification on the matter. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON COMMITTEE OF THE WHOLE Committee Room #2 April 3, 1995 Councfi met on Monday, April 3, 1995 at 6:45 p.m. in Committee of the Whole. All members of Council with the exception of Alderman Gary Hendershot, who was away due to illness, were present. Alderman Norm Puttick presided as Chairman. Following consideration of the items presented, the Committee of the Whole did not arise to report. READ AND ADOPTED, MAYOR WAYNE THOMSON REGULAR MEETING Counc~ Chambers April 3, 1995 Council met on Monday, April 3, 1995 at 7:30 p.m. for the purpose of considering Regular Business. All members of Council, with the exception of Alderman Gary Hendershot, who was away due to illness, were presenL Alderman Pat Cummings offered the Opening Prayer. ADOPTION OF MINUTES Alderman Wayne Campbell indicated a pecuniary interest with respect to the Minutes of Marci7 20, 1995 on Report F-95-10, Cheque No. 210434, because the recipient is his employer. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the Minutes of the Planning/Regular Meeting of March 20, 1995 and the Minutes of the Regular Meeting of March 27, 1995 be adopted as printed. Carried Unanimously. DISCLOSURES OF PECUNIARY INTEREST Alderman Pietrangelo indicated a pecuniary interest on Report F-95-12, Cheque No. 210959, because the recipient is his employer. Alderman Suein indicated a pecuniary interest on Report L-95-23 and By-law No. 95-70 because he owns property in the area. -2- WELCOME Exchancle Cadets from Bermuda His Worship Mayor Thomson welcomed the following exchange cadets from Bermuda who were in attendance at Council - Chanae Burgess; Melanie Burrows; Jamel Caines; Wolette Darrell; Anasa DeMello; Nekesha Holdipp; Levar Hollis; Queenica Joell; Duane Lowe; Shyrnika Outerbridge; Cleveland Simmons; Noel Smith; McLaren Smith; Nea-Cherri Talbot; Llewelyn Trott and Michael Williams. DEPUTATIONS Stamford Colleqiate Mr. Mike Cockburn, Principal, Stamford Collegiate provided information regarding the schedule of events for the grand opening of the Barbara Frum Communications Centre on Thursday, May 11, 1995 which was to include the Bob McAdorey Studio and the James Cameron Theatre. Mr. Cockburn requested that the week of May 8-12, 1995 be proclaimed as "Stamford Collegiate/Barbara Frum Communications Week" in Niagara Falls. ORDERED on the motion of Alderman Volpatti, seconded by AIderman Cummings, that the week of May 8 to May 12, 1995 be proclaimed "Stamford Collegiate/Barbara Frum Communications Week" in Niagara Fells. Carried Unanimously. Pubtic Meetino - Re: Establishment of Casino in Niaqara Fa~s Report CS-95-03 - Chief Administrative Officer- Re: Background Report; Establishment of Casino in the City of Niagara Falls; Ontario Casino Corporation Act Section 7. The report recommends that Council consider the content of this report and at the appropriate time, pass the resolution supporting the establishment of one government related casino in the City of Niagara Falls. The Council resolution is required under Section 7 of The Ontario Casino Corporation Act. - AND - RESOLUTION NO. 33 - PUTTICK - ORR - WHEREAS Section 7 of the Ontario Casino Corporation Act makes it ma.ndatory for a municipal council to pass a resolution appreving the operation of a casino in the municipality before the Ontario Casino Corporation may provide for the operation of a casino in the municipality; and Whereas the Council of The Corporation of the City of Niagara Falls proposes to pass this resolution; and NOW THEREFORE BE IT RESOLVED THAT Council hereby approves the operation of a casino in the City of Niagara Falls in accordance with section 7 of the Ontado Casino Corporation Act. Carried Unanimously His Worship Mayor Thomson declared the Pubtic Meeting open under Section 7 of the Ontario Casino Corporation Act to provide an opportunity to all persons to make representations with respect to the proposed resolution. The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Ontario Casino Corporation Regulations by publicaUon in the: Niagara Falls Review on March 17, 1995. The Director of Community Services referred to the Coopers & Lybrand Study and informed that the prospect of direct and indirect jobs related to a casino would have a significant impact on aft 'areas of the economy in Niagara Falls, -3- His Worship Mayor Thomson introduced Mrs. Margaret Harrington, M.P.P., who distributed a Press Release of September 22, 1993 with respect to comments made to the Finance and Economic Committee regarding the issue of having a Casino in Niagara Falls; referred to direct and indirect job benefits; the issue of policing and crime; the effect of a casino on charities, horse racing; and gambling addictions. Mrs. Harrington advised that Niagara Falls being an international tourist destination would be ideally suited to help the economy by bringing in foreign currency; that a casino could be an economic stimulator without causing social problems and indicated her support of Niagara Falls being selected as a future casino site. Mr. John Brucato, 2505 Miller Road, expressed concerns regarding compulsive gambling and its effects; the validity of jobs; referred to the "something for nothing" mentality; and expressed opposition to a casino in Niagara Fa~s. Miss Eileen Tinio, Tour Operator indicated her support of a casino in Niagara Falls; referred to Niagara Falls as an international travel destination that needs to be competitive in the tourist market; she advised that travellers enjoy a casino environment and that casinos complement existing attractions and indicated the need to have other attractions in order to have tra~/ellers stay in the City longer. Miss Tinio informed that a casino would bring tourists back to the City and would provide much needed employment for the residents of Niagara Falls. Mr. John Hind referred to the decline in the tourist industry and the need to revitalize and modernize this industry; indicated support of a casino in Niagara Fa~s and the creation of a healthy economy. Mr. Glenn Gandy, Niagara Falls Chamber of Commerce, advised of the Chambers support of a Council resolution of a government run casino in Niagara Falls; and indicated that the Chamber of Commerce would encourage Councirs pursuit of a casino; to preserve free enterprise and by promoting a development in Niagara Falls. Mr. Otto Roman, The Concerned Citizens Committee discussed the long-term effects of a casino in Niagara Falls; how a casino would negatively affect the image of Niagara Falls as a family tourist destination; referred to the issue of jobs vs money and stated a casino would not be a good idea for the community. Mr. Giancarlo Cristiano, The Concerned Citizens Committee indicated opposition to the establishment of a casino in Niagara Falls and expressed concerns regarding an increase in crime; compulsive gambling; indicated that casino revenues make up a very sma~ percentage of total government revenues. Mr. Cristiano suggested that Council take steps to help diversity Niagara Falls' economy and strengthen the tou~sm industry by improving customer service and developing attractions that would enhance the natural beauty of the City and urged Council to consider the long-term implications of a casino in Niagara Falls and say "No" to a casino. Rick Rathfelder, Chairman, Economic Development Advisory Board, informed that the Economic Development Board attempts to encourage and provide a positive image to investors to the City and that the referendum provided a clear, strong message from the residents of Niagara Falls in support of a casino. Mr. Rathfelder stated that a casino would provide much needed jobs and revenue to the community and to all levels of govemment; he also advised that the social concerns expressed need to be addressed by those charged with that responsibility. Judith MacCarthy, 5f69 Althee Street, indicated her opposition to a casino in Niagara Falls; referred to the "lure of money" and '~etter paying wages" to the unemployed and young people of the community; expressed concems of the effects of compulsive gambling on victims and their families; and suggested that the City use their knowledge and business sense to better the community. -4- Shirley Carr, YES Committee, advised that a casino would provide an opportunity to create and provide jobs within the community and take people off the welfare rolls; she stated that the main objective was job creation and economic growth in the community and requested Council pass the resolution for a casino in Niagara Falls. Ms. Ev MacTaggert, YES Committee, indicated that Niagara Falls should be a year-round tourist destination and that a casino would enhance this belief,' she referred to the referendum vote which provided a very clear message that the residents of Niagara Falls were in support of a casino. Mr. Dave Haggerry, Ontario Restaurant Association, referred to the changing market and of gambling being a "social outlet" for the older generation; advised that casinos do not increase crime; indicated that Niagara Falls is a unique community with respect to policing and security. Mr. Haggerty stated that the Ontario Restaurant Association supports a casino in Niagara Falls and feels that Council's decision is good and, right. Mr. Rick O'Banion, who is employed as a blackjack dealer for a charity casino stated he was in support of a casino in Niagara Falls; referred to gambling and its effects and of not being a "babysitter" of the populace; advised that a casino would provide jobs and hope for the residents of Niagara Falls and requested that Council unanimously support the resolution. Mr. Wayne Hardwick, Ontario Labour Council referred to job losses and plant closures and stated that a casino would stimulate the economic growth; bring dignity and respect to the residents of Niagara Falls; enlarge the City's tax base and urged Council to support the resolution. Mr. Tony Zappitelli discussed the Ontario Casino Corporation mandate which was to stimulate new economic growth; provided occupancy and room rate statistics with regard to the Windsor casino and Niagara Falls; and referred to casino security and policing aspects. His Worship Mayor Thomson advised that Council would consider the casino resolution at the next meeting of Council on April 10, 1995. Since no further comments were forthcoming, His Worship May Thomson declared the Public Meeting with regard to the casino issue closed. His Worship Mayor Thomson declared a 5-minute adjoumment to provide an opportunity for members of the pubtic to leave .Chambers. Following the recess, Council reconvened at 10:05 p.m. for the balance of the meeting. COMMUNICATIONS Communication No. 94 - City of Thunder Bay - Re: Port of Churchill, The communication asks Council support a resolution expressing objection to the Minister of Indian Affairs and Northem Development to the expenditure of any more special capital funds on the Port of Churchill, until it can be demonstrated that the Port is able to operate on the same basis as other commemial porte in Canada, ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the request be supported, Carried Unanimously, Communication No. 95 - Chedoke-McMestar Chlldren's Hospital - Re: Proclamafion. The communication requests Counc~ proclaim May 12, 1995 as 'Lleans Day" in Niagara Falls on behalf of Mothers Day Telethon to be held on May 13 - 14, 1995 at CHCH Channel 1f TV, -5- ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that the matter be referred to the Employee Recreation Club for Comment. Carried Unanimously. Communication No. 96 - Mr. J. Zarra, 2829 Lalemant Road - Re: Walkway closure. The communication requests that consideration be given to the closure of a walkway beside 2819 Lalemant Road. ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that the matter be referred to staff. Carried UnanimousIv. Communication No. 97 - The Parish of SL John the Evangelist (Stamford Green) - Re: Visit by the Lieutenant-Governor to St. John's Church. The communication advises Council of the visit of the Lieutenant-Governor, The Honourable Henry N.R. Jackman on the occasion of the 175th Anniversary of the rounding of the Parish of SL John the Evangelist, Stamford. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the correspondence be received and filed for the information of Council. Carried UnanimousIv. Communication No. 98 - The' Niagara Peninsula Ch~dren's Centre - Re: Proclamation. The communication requests Council proclaim the month of May, 1995 as "Better Hearing and Speech Month". ORDERED on the motion of Alderman Craitor, seconded by Alderman Ward, that the request be supported. Carried Unanimousiv. Communication No. 99 - Ontario Federation of Anglers & Hunters - Re: Governmenrs Action Plan on firearms Control The communication requests Council consider a resolution opposing those measures in the Govemmenrs Action Plan and in Bill C-68 that impose needless burden on law-abiding Canadians such as universal firearms registration and (iconsing; and oppose measures that prohibit or ban any firearms that are presently, or were prior to January 1, 1995 legally owned by registered owners; and that the Government of Canada abandon those sections on Firearms Control affecting the continued ownership and legal use of firearms by responsible Canadians. ORDERED on the motion of Alderman Campbell, seconded by Alderman Pietrengelo, that the communication be received and filed. Carried UnanimousIll. REPORTS MW-95-64 - Chief Administrative Officer- Re: Tender #5-95 Tree Spraying; Insect Control; and Fertilization. The report recommends the following: 1. That Davey Tree Expert Co. be retained at a cost of $78.50 per hour and $13.00 per 100 gallons of mixed material for the spraying of Gypsy Moth and other insect infestations of trees; 2. That Davey Tree Expert Co. be retained for liquid soil injection fertilization of trees at $48.00 per hour and $45.00 per 100 gallons of material ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried UnanimousIv. MW-95-85 - Chief Administrative Officer- Re: Regional Tender 95-T-04; Supply of Granular Materials. The report recommends that the supply of granular materials as listed below be awarded as outlined on the attached summary sheets. ORDERED on the motion of Alderman Craitor, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously. MW-95- 68 - Chairperson, Municipal Parking Traffic Committee - Re: Municipal Parking & Traffic Committee Recommendations March 2f and 28, f995 Meetings. The report recommends the following: -6- MW-95-29 Parking Strategy Discussion - Parking Meter Rate Review - that 1) the plan of action outlined in the report be approved in principle; 2) that the 1995 parking meter rate increases be implemented as outlined in the report; 3) that the plan of action be reviewed at the end of the year,' 4) that staff be authorized to take the necessary steps to implement the plan of action; MW-95-30 - Downtown Parking & Traffic Strategic Plan - that 1) the Downtown Niagara Falls Parking & Traffic Strategic Plan as prepared by Totten Sims Hubicki associates be approved in principle; 2) that staff be authorized to implement Phase 1 (as modified) - Immediate Improvements of the above mentioned report immediately; 3) that a further staff report outlining the implementation of Phase 2 - Short-Term Improvements and Phase 3 - Development Related and on-going improvements be tabled at future meetings; 4) that all references to handicapped parking not be considered at this time and that the matter be referred to staff for future .consideration; Summer Street - Request for Removal of Parking - that 1) the five parking spaces on the north side of Summer Street between Main Street and Lowell Avenue be eliminated; 2) that additional parking spaces be installed on the south side of Summer Street between Main Street and Lowell Avenue and defined with pavement markings; and 3) that parking not be permitted until after 9:00 a.m.; L-95-19 - 1994-1995 Agreement - Canadian Corps of Commissionaires - that the services of the Canadian Corps of Commissionaires (Hamilton) be extended for the period of April 1, 1995 to September 30, 1995 for By-law Enforcement purposes with no increase for administration and no increase to employee wages; MW-95-41- Dixon Street- Parking Restriction Request- that 1) the parking be restricted on the south side of Dixon Street in front of the Senior Citizens complex; 2) that the parking restricfions and illegal double parking in the area be enforced; MW-95-42 - Cmpp St. at University Avenue - Traffic Operafions Review - that 1) an all way stop control be installed at Cropp Street and University Avenue; 2) that the Niagara Regional Police be requested to strictly enforce the 50km/h speed limit on Crepp Street; 7. MW-95-43 - Foxe Drive & Northwood Drive - Parking Restriction Request - that the parking be restricted along the Mount Carmel Park frontage off Northwood Drive and along the comer on the other side of the street. ORDERED on the motion of Alderman Ward, seconded by Alderman Volpatti, that the report be received and adopted. The motion Carried with Alderman Orr abstaining from the vote on Report MW-95-30 - Downtown Parking & Traffic Strategic Plan, because of the close proximity to her mothers residence and with all others voting in favour. See By-law No. 95-68 See Bv-law No. 95-72 See By-law No. 95-73 R-95-05 - Chief Administrative Officer - Re: 2001 Canada Summer Games. The report recommends that Council approve, in principle, the support for a joint bid with other municipalities in the Region of Niagara for the 20001 Canada Summer Games. ORDERED on fie motion of Alderman Pietrangelo, seconded by Alderman Craitor, that the report be received and adopted. Carried UnanimousIv. F-96-12 - Chief Administrative Officer- Re: Municipal Accounts. The report recommends that the accounts totalling $469,459,05 for the period ending April 3, 1995 be approv. ed by the passing of the by-law appearing later on fie agenda, - 7- Further information was requested on Cheque Nos. #210950 and #210954. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the report be received and adopted. The motion Carried with Aldermen Pietrangelo abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. See By-law No. 95-74 RATIRCATION OF FINANCE COMMITTEE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the actions taken on the following matters by the Finance Committee, earlier this evening be appreved: 1. Adoption of the Minutes of Mamh 6, 1995 Finance Committee meeting; Residential Rebate Program - Spring 1995 - that the City approve, in principle, a Residential Rebate Program effective April 21, 1995 to March 31, 1996, whereby purchasers of new homes ~vill receive a $2,000 rebate on the cost of a new home. Staff to report to the Finance Committee on possible sources of financing by April 10, 1995; R-95-22 - Grant Request from Gord Histrop - that the City provide financial assistance in the amount of $1,000 to assist Mr. Gord Histrop in Olympic trial competitions as outlined in Report R-95-22; 4. Niagara Symphony - Request for Advertising - that the City place a quarter-page concert programme advertisement with the Niagara Symphony at a cost of $255.00; 5. That staff prepare a report for the Finance Committee outlining the details of the 1995 grant program; 6. That staff prepare a report outlining conditions and restrictions of businesses operating out of a residence; The mofion Carried with Alderman Volpatti abstaining from the vote on the Residential Rebate Program because her employer has an interest in the matter,' Alderman Orr voting contrary to the motion and with all others voting in favour. CD-95-12 - Chief Administrative Officer- Re: AM-13/94, Restricted Area By-law 95- - 27; 488745 Ontario Limited; South side of Morrison Street - Ice Cream Parlour. The report recommends that Council reaffirm its approval of By-law 95-27 in order that the Clerk may notify the Ontario Municipal Board of this at the same time as he forwards the By-law and letter of objection to the Board with the request for a Hearing. - AND - Communication No. 100 - Request of Mr. Joseph Cuviello, 6083 Andrea Drive. The communication requests that the Appeal not be submitted to the Ontario Municipal Board, as the use "ice cream parlour" was passed on June 27, 1994 but the use had been inadvertently omitted in the description of uses in By-law No. 94-180. - AND - Communication No. 101 - Animal Medical Centre; Dr. Ronald J. Mergl and Dr. June C. Mergl. The communication attaches a study prepared by May and Pirie, Land Use Consultants; and requests Council to direct staff to meet with the developer to review the proposal and that a new by-law be processed that incorporates the additional regulations. -8- Dr, Ronald Mergl advised that he was the owner of the adjacent property and expressed concems with respect to a proposed use of an ice cream par/our which could effect his present business and the future sale of the business. Dr. Mergl referred to a study prepared by Land Use Consultants in order to obtain an unbiased opinion and requested that Council direct staff to meet with the developer to review the options. The City Soficitor provided clarification on his discussions with Dr. Mergl regarding certain matters with respect to the appeal and advised that he had represented Councirs wishes. It was suggested that Dr, Mergl be involved in the site plan process. Mr. Joe Cuviello advised he would be willing to discuss the "green area, buffer zone and requested that the matter not go before the Ontario Municipal Board. Following further discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Orr, that a meeting be co-ordinated with staff to discuss the matter, Carried Unanimously. Chair, Ad Hoc Firearm Discharge Boundary Committee - Re: Firearm Discharge Boundaries. The report recommends that Counc~ adopt the recommendations as set out in Appendix 1. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. L-95-23 - Chief Administrative Officer - Re: Agreement between Salvatore Ariganello and the City; Lot f6 Plan M-67 - Don Murie Street, The report recommends that the City enter into the attached Agreement with Salvetore Ariganello for the purpose of extending a restrictive building covenant on Lot 16 Plan M-67. ORDERED on the motion of Alderman Ward, seconded by Alderman Pietrangelo, that the report be received and adopted. The motion Carried with Alderman Susin abstaining from the vote on a conflict of interest previously noted and with a~ others voting in favour. See By-law No. 95-70 L-95-24 - Chief Administrative Officer - Re: Ministry of Culture, Tourism and Recreation Encroachment Agreement with the City; Queen Street at Ontario Avenue, The report recommends that the City permit the encroachment of canopies of the Ministry of building over part of Queen Street and Ontario Avenue, ORDERED on the motion of Alderman Pietrengelo, seconded by Alderman Craitor, that the report be received and adopted, The motion Carried with Alderman Orr abstaining from the vote on a conflict of interest previously noted and with aft others voting in favour. See By-law No. 95-71 RESOLUTIONS NO. 30 - JANVARY- FISHER - RESOLVED THAT the Council of the Corporation of the City of Niagara Falls requests an allocation of subsidy under the provisions of The - Public Transportation in the amount of $1f,249.00 for the Transit Operating Assistance Programme. AND The Seal of the Corporation be hereto affixed. Carried Unanimously NO. 31 - CRAITOR - PIETRAN(3ELO . WHEREAS Niagara Falls Minor Hockey and the Junior B Committee have worked diligently over the past several years to provide the Junior B level of hockey in the City of Niagara Falls; AND WHEREAS the 1994-1995 Niagara Falls Cupolo Sports Canucks have compiled an exemplary record of 3605-1; AND WHEREAS they am ente~ng a Provincial Round-Robin series, which will determine -9- the competitors for the Sutherland Cup emblem of Junior B supremacy in the Province of Ontario; NOW THEREFORE BE IT RESOLVED that the Council of The Corporation of the City of Niagara Falls extends hearty congratulations to the Junior B Committee and team for their successful season and further that the City's best wishes are extended for success in the Round-Robin Playoffs and Provincial Championship Series; AND The Seal of the Corporation be hereto affixed. Carried Unanimously NO. 32 - PIETRANGELO - SUSIN - BE IT RESOLVED that a letter of condolence be forwarded to the family of the late Enrico 'Ritchie" DiCienzo, a well-respected citizen of the community. AND The Seal of the Corporation be hereto affixed. Carried Unanimously B Y-LA WS ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 95-68 95-69 A by-law to authbrize the execution of an amending agreement with Canadian Corps of Commissionaires (Hamilton). A by-law to allow the maintaining and using of a fence which encroaches onto SL Clair Avenue. (Mr. R. Duggan) 95-70 A by-law to authorize the execution of an Agreement with Salvatore Ariganello. (Don Murie Street) 95-7f 95-72 A by-law to permit the canopies of the Ministry of Culture, Tourism and Recreation building to encroach upon Queen Street and Ontario Avenue. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking) 95-73 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stop Signs) 95-74 A by-law to authorize monies for General Purposes (April 3, 1995). The motion Carried with Alderman Susin abstaining from the vote on By-law No. 95-70 on a conflict of interest previously noted; Alderman Orr abstaining from the vote on By- law No. 95-71, on a conflict of interest previously noted; Alderman Pietrangelo abstaining from the vote on By-law No. 95-74 on a conflict of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the following by-laws be now read a second and third time: 95-68 95-69 95-70 95-71 A by-law to authorize the execution of an amending agreement with Canadian Corps of Commissionaires (Hamilton). 'A by-law to allow the maintaining and using of a fence which encroaches onto SL Clair Avenue. (Mr. R. Duggan) A by-law to authorize the execution of an Agreement with Salvatore Afiganello. (Don Murie Street) A by-law to permit the canopies of the Ministry of Culture, Tourism and Recreation building to encroach upon Queen Street and Ontario Avenue. - 10 - 95-72 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking) 95-73 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stop Signs) 95-74 A by-law to authorize monies for Genera/Purposes (April 3, 1995). The motion Carried with Alderman Susin abstaining from the vote on By-law No. 95-70 on a conflict of inte"'~est previously noted; Alderman Orr abstaining from the vote on By- law No. 95-71, on a conflict of interest previously noted; Alderman Pietrangelo abstaining from the vote on By-law No. 95-74 on a conflict of interest previously noted and with all others voting in favour. NEW BUSINESS Local Government Disctosure of Interest Act Alderman Pat Cummings expressed concerns regarding the local government disclosure of interest legislation and provincial guidelines and suggested that the City Solicitor provide information on the local government disclosure of interest act to members of Council before any legislation is enacted. It was noted that the Ministry of Municipal Affairs would be holding an open local government information session on April ~3, 1995 in the Niagara Region Council Chamber to discuss open meetings; property disposal and local government disclosure of interest act. Adult Entertainment Licencincl Alderman Kim Craitor referred to the draft adult entertainment by-law and advised that Ms, Wendy Southall, Board Manager would be attending at the April lO, 1995 Council meeting to present the draft by-law, Junior B Hockey Alderman Kim Craiior referred to the Niagara Falls Minor Hockey and the Junior B Committee having worked so diligently over the past several years to provide fie Junior B level of hockey in the City of Niagara Falls and that the 1994-1995 Niagara Falls Cupolo Sports Canucks have compiled an exemplary record of 36-5-1 and would be entering a Provincial Round-Robin series. Alderman Craitor requested that a resolution of congratulations and support be forwarded to the Junior B Committee and team for their successful season and for success in the Round-Robin Playoffs and Provincial Championship Series. ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo,. that a resolution of congratulations and support be forwarded to the Junior B Committee and team for their successful season and for success in the Round-Robin Playoffs and Provincial Championship Series. Carried Unanimously. See Resolution No. 31 - 11- Letter of Condolence ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Susin, that a letter of condolence be forwarded to the family of the late Enrico "Ritchie" DiCienzo. Carried Unanimously See Resolution No. 32 Anti-dumpino By-law Alderman Selina Volpatti referred to the dumping of garbage and requested whether the City had an anti-dumping by-law in place. The City Solicitor advised that a by-law is being considered and that citizen's are requested to help in identifying the individuals who are dumping the garbage. Strategic Plannine Session Alderman Se/ina Vo/patti referred to a Strategic Planning Session entitled "Leading Community Economid Deve/opmenr' being held at the Bark Lake Leadership Centre from April 7 - 9, 1995 and requested permission to attend. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that Alderman Selina Volpatti be permitted to attend the Strategic Planning Session. Carried Unanimously. ORDERED on the motion of Alderman Orr, seconded by Alderman Pietrangelo, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON COMMITTEE OF THE WHOLE Committee Room #2 April 10, 1995 Council met on Monday, April 10, 1995 at 6:30 p.m. in Committee of the Whole. All members of Council, were present. Alderman Wayne Campbell presided as Chairman. Following consideration of the items presented, the Committee of the Whole reported in open session. READ AND ADOPTED, MAYOR WAYNE THOMSON PLANNING MEETING Council Chambers April 10, 1995 Council met on Monday, April 10, 1995 at 7:30 p.m. for the purpose of considering Planning Matters and Regular Business. All members of Council, were present. Alderman Shirley Fisher offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTEREST, Alderman Volpatti indicated a pecuniary interest on Report FC-95-06, 1995 Residential Construction Rebate Program from Finance Committee because her employer has an interest in the matter. Aldermen Campbell, Hendershot, Janvary and Pietrengelo indicated pecuniary interests on Report F-95-13, Cheque No. 211172, because the recipient is their employer. Alderman Susin indicated a pecuniary interest on By-law No. 95-76 because he had performed some work in the subdivision. Alderman Creitor indicated a pecuniary interest on Report F-95-13, Cheque Nos. 211221; 211132 and 211165, because the recipient is his spouse's employer. Alderman Ward indicated a pecuniary interest on Report PD-95-61 because he is a land owner on the adjacent property; and on Report PD-95-64, because he owns a lot in the area. PRESENTATIONS Niauara Fells Business Showcase Award - Bettv's Restaura,nt Mr. Rick Rathfelder, Chairman, Economic Development Advisory Board, announced that Betty's Restaurant had been selected as the recipient of the "Business Showcase Award" and introduced Wendy Canavan, Economic Development Officer, who provided a brief overview of the company's accomplishments and introduced Mr. Joe Miszk. ,,.2 -2- His Worship Mayor Thomson, presented the Business Showcase Award to Mr. Joe Miszk and members of his family from Betty's Restaurant and congratulated them for their fine setvice to the community. Llcencino - Adult Entertainment BV-law Ms. Wendy E. Southall, Board Manager, Regional Municipality of Niagara Police Services Board, advised that due to inconsistencies among existing adult entertainment padour by-laws, a proposal had been made to the municipalities currently having adult entertainment parlours, to consider contracting the issuance, administration and enforcement of the adult entertainment by-law to the Licencing Department of the Police Board; provided information on the draft by-law with regard to classes of licences; granting and issuance of annual and temporary licences; proof of age of majority; fees for classes of licences; discussed the contravention of the by-law by individuals and corporations and the associated penalties. Ms. Southall requested Council approval, in principle. Following further discussion, it was ORDERED on the motion of Alderman Susin, seconded by Alderman Fisher, that the by-law be approved, in principle, and that the matter be referred to the adult entertainment committee. Carried Unanimously. UNFINISHED BUSINESS His Worship Mayor Thomson advised that a public meeting had been held on April 3, 1995 under Section 7 of the Ontario Casino Corporation Act to consider a resolution supporting the establishment of one govemment regulated casino in the City of Niagara Falls and read the resolution to Council. He advised that the resolution would be presented to the Premier and the appropriate Ministers. RESOLUTION NO. 33 - PUTTICK - ORR - WHEREAS Section 7 of the Ontario Casino Corporation Act makes it mandatory for a municipal council to pass a resolution approving the operation of a casino in the municipality before the Ontario Casino Corporation may provide for the operation of a casino in the municipa~ty; AND WHEREAS the Council of The Corporation of the City of Niagara Falls proposes to pass this resolution. NOW, THEREFORE, BE IT RESOLVED THAT Council hereby approves the operation of a casino in the City of Niagara Falls in accordance with section 7 of the Ontario Casino Corporation Act. AND The Seal of the Corporation be hereto affixed, Carried Unanimously His Worship Mayor Thomson requested that the Deputation Matters be brought fon~ard and dealt with prior to the Planning Matters. MUltiDIe Sclerosis Walk Ms. Belinda Yorke, Multiple Sclerosis, provided information with respect to the * Walk on behalf of Multiple Sclerosis; advised that the theme for the Super Cities Walk On Sunday, Apn'l 23, 1995 would be "The Wizard of Oz", Ms. Yorke introduced Mr. CbriS Blasucci, President of the NIagara Falls Volunteer Bureau, who extended an invitation to members of CoUncil and City staff to participate in the walk for Multiple Sclerosla. His Worship MayOr Thomson thanked Ms Yorks and Mr. BiasUcci for their attendance at C. ouncil. ' ' ' -3- Pen National Helicopters Mr. Gilies Vallieres, President of Pen National Helicopters requested that his deputation to Council be withdrawn. Following some discussion, it was ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that Council was not in favour of any helicopter operation locating in the tourist area. Carried Unanimously. See Resolution No. 35 PLANNING MEETING PD-95-59 - Chief Administrative Officer- Re: AM-8/95, Redeemer Bible Church; 3017 Montrose Road. The report recommends the following: That Council approve the above subject application for a proposed expansion to a place of worship; That the amending by-law be drafted to accommodate specific requirements for lot coverage; building height, minimum parking requirements; That the applicant secure approval from the Niagara Regional Health Setvices Department for the proposed septic system prior to construction; 4. That the subject lands be placed under Site Plan Control. His Worship Mayor Wayne Thomson declared the Public Meeting open and read the procedure to be followed under the Planning AcL The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations on March fO, 1995. His Worship Mayor Thomson received indication that Mr. Doug Peters, was in attendance on behalf of the applicant and received a negative response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development referred to the subject property with the assistance of posted sketches and reviewed the information contained in Technical Report PD-95-55; Nature of the Amendment; Background; Official Plan; Regional Policy Plan; Physical Assessment; Nature of the Zone Change; Site Plan Control and the Public Notification Process. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of, or opposed to the application.. Mr. Doug Peters advised that applications had been made with regard to improvements to the sewer system. Since no further comments were forthcoming, His Worship Mayor ~'homson declared the Public Meeting with regard to Application AM-8/95 closed. ORDERED on the motion of Alderman Susin, seconded by Alderman Fisher, that the report be received and adopted. Canned Unanimously. ...4 -4- PD-95-60 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-7/95; f03565 Ontario Inc. c/o David A. Daniels; 534f-5343 Ferry Street. The report recommends that Council approve the application to permit the existing tattoo studio use to continue on the lands. - AND - Communication No. 102 - Niagara Peninsula Conservation Authority. The communication advises as having no objection to the proposed application. Communication No. 103 - Regional Niagara, Planning & Development Department. The communication advises as having no comments on this proposal. Communication No. 104 - Regional Niagara, Regional Public Works Department. The communication advises as having no objection to the application but refers to the right-of-way width of Ferry SireeL His Worship Mayor Wayne Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that Notice of the Public Meeting had been given in accordance with the Regulations on March 10, 1995. His Worship Mayor Thomson received indication that the applicant or the authorized agent were not in attendance and received a negative response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by- law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development referred to the subject property with the assistance of posted sketches and reviewed the information contained in Technical Report PD-95-52; Nature of the Zoning By-law Amendment; Background; Official Plan; Physical Assessment; Nature of the Zone Change; and the Public Notification Process. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of, or opposed to the application. During the discussion, it was requested that a report be brought back regarding whether the existing business was a licenceable business. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Pubtic Meeting with regard to Application AM-7/95 closed. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo, that the report be received and adopted. The motion Carried with Alderman Volpatti voting contrary to the motion and with all others voting in favour. ORDERED on the motion of Alderman Henderehot, seconded by Alderman Pietrangelo, that the communications be received and filed. Carried Unanimously. PD.95-81 - Chief Administrative Officer- Re: Zoning By, law Amendment Application; AM-9/95; Campark Resorts; 9387 Lundy's Lane. The report recommends that Council approve the above subject application to erect approximately 18 cabins on 35% of the unserviced sites at the campground at 9387 Lundy's Lane. - AND - Communication No. 105. NIagara Peninsula Conservation Authority. The communication advises as having nO objection to the application. ...5 -5- His Worship Mayor Wayne Thomson declared the Pubtic Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that the Notice of the Pubtic Meeting had been given in accordance with the Regulations on March 10, 1995. His Worship Mayor Thomson received indication that the applicant, Ms. Diane VanKleef, was in attendance and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that a~ 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 Director of Planning and Development referred to the subject property with the assistance of posted sketches and reviewed the information contained in Technical Report PD-95-57; Nature of the Amendment,' Official Plan,' Nature of the Zone Change,' Licensing; Compatibility; and the Public Notification Process. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a positive response in opposition to the app~cation. Mr. Bruce Peters, co-owner of the adjacent industrial property indicated that he was not in opposition to the application; expressed concerns regarding the close proximity of cabins to the industrial property,' and stated it was hoped that their operations would not be curtailed in the development of their zoned industrial property by the proposed app~cation. Ms. Diane VanKleef, Campark Resorts responded to concems and indicated that the cabins would be erected on unserviced sites and would be located approximately 2,000 feet from the adjacent owner's property; and requested approval of the permitted number of cabins at the unserviced site. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-9/95 closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted. The motion Carried with Alderman Ward abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the communications be received and filed. Carried Unanimously. Ms. VanKleef referred to a Court Hearing regarding an issue of non-compliance and requested that Council waive any fees since Council had approved the application and was advised by the City Solicitor that charges respecting non-compliance had been dismissed. PD-95-64 - Chief Administrative Officer - Zoning By-law Amendment Appfication; AM-f2/95; K. DeGiorgio, Mount Carreel North Plan 2; Plan of Subdivision. The recommends the following: That Council approve the zoning amendment application and the revised design of the second phase of the Mount Carmel North Plan 2 plan of subdivision which will result in eight (8) additional residential lots; 2. That a copy of this report be sent to the Region as the City's comments on the proposed alterations to the subdivision. ...6 -6- - 7- - AND - Communication No. f06 - Niagara Peninsula Conservation Authority. communication advises as having no objection to the application. The Communication No. f07 - Regional Niagara, Planning & Development Dept. The communication suggests that the City delay the final approval of a by-law until as a request to revise this plan has been made to and approved by the Region. Communication No. f08 - Municipal Works DepartmenL The communication advises that there is no objection to the zoning amendment. His Worship Mayor Wayne Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that the Notices of the Public Meeting had been given in accordance with Regulations on March 10, 1995. 3. That a copy of this report be sent to the Region as the City's comments on the subdivision; 4. That staff be directed to explore the opportunity of selling additional City owned lands having regard for the impact on the potential reduction of parkland in the area. - AND - Communication No. f09 - Niagara Peninsula Conservation Authority. The communication advises as having no objection to the proposed application. Communication No. fro - Regional Niagara, Public Works Department. The communication advises as having no objections to the proposed land use. His Worship Mayor Wayne Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. His Worship Mayor Thomson received indication that Mr. Brian Sinclair, Soficitor The City Clerk advised that the Notices of the Public Meeting had been given in was in attendance on behalf of the applicant and received a negative response to his ' accordance to Regulations on March 10, 1995. request for a show of hands by persons present who were interested in the application. He requested that a~ 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. ~ attendance and received a positive response to his request for a show of hands by .~ persons present who were interested in the application. He requested that all persons The Director of Planning and Development referred to the subject property with ! wishing to receive further notice of the passage of the by-law submit their names and the assistance of posted sketches and reviewed the information contained in Technical ~ addresses to the Clerk prior to leaving the meeting. Report PD~95-56; Nature of the Amendment; Planning Review; Background; Physical Analysis; Details of the Zoning Modifications and the Public Notification Process. ' The Director of Planning and Development referred to the subject property with i.~ the assistance of posted sketches and reviewed the information contained in Technical There was a negative response to Mayor Thomson's request for comments from ( Report PD-95-58; Nature of the Zoning Amendments; Planning Review,' Official Plan; persons, other than the applicant or his agent, in support of or in opposition to the ~ Subdivision Design; Nature of Zoning Change; and the Public Notification Process. application. There was a negative response to Mayor Thomson's request for comments from ':.J persons, other than the applicant or his agent, in support of the application and a Mr. Brtan Sinclair advised that the smaller let sizes would be a good mix in the ~ positive response in opposition to the application. area; that the application conforms with the Official Plan and requested Council's approval of the application. The Director of Planning and Development provided information on the issue of Since no further comments were forthcoming, His Worship Mayor Thomson park/and needs versus open space areas and it was requested by Alderman Janvary declared the Public Meeting with regard to Application AM-12/95 closed. that the park/and needs be referred to the Parks, Recreation and Culture Department for review. ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that A resident addressing Council on behalf of the neighhours adjacent to the the report be received and adopted. The motion Carried with Alderman Ward abstaining ~ proposed subdivision advised that notification was not properly given to the residents in from the vote on a conflict of interest previously noted and with all others voting in favour. ~ the area. ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that ! The City Solicitor advised that since notice had not properly been given, the the communications be received and filed. Carried Unanimously. ....... application would have to be withdrawn and the notice would have to be re-circulated. Since no further comments were forthcoming, His Worship Mayor Thomson PD-95-85- Chief Administrative Officer. Re: Proposed Plan of Subdivision 28T- j declared the Public Meeting with regard to Application AM-f/95 closed. 94013; Zoning By-law Amendment; Application; AM-1/95; Balmoral Court (Plan 2), West side of Valley Way through to Herper Drive; 984307 Ontario Limited; c/o Sam ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that Cardsmona. The report recommends the following: the Application be withdrawn and that the Notice be rec/rcu/ated at .o cost to the developer. Carded UnanimousIv. . I. That the Balmoral Court (Plan 2) plan of subdivision be approved subject to the conditions attached in Appendix 1; ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti that the communications be received and ~ed. Carried Unanimously. . ' 2. That Council approve the requested zoning amendment to provide the necessary land use regulations to guide the development of the Iota; PD-85-82 - Chief Administrative Officer- Re: Site Plan Approval; SPC-f/~5; Proposed Canadian Tire Store; East Side Montrose Road; North of Thorold Stone Road. The report recommends the following: -8- 1. That Council approve the site plan for a proposed 46,662 sq. ft. Canadian Tire Store located on the east side of Montrose Road, within Phase 2 of the Mount Carreel Shopping Centre subject to receipt of Ministry of Environment and Energy approval of the storm water management system; 2. That the Chief Building Official be authorized to enter into a Conditional Permit Agreement on behalf of the City for a building permit for footings and foundation only, so as to expedite the issuance of a bu~ding permit. - AND - Communication No. f f f - River Realty Development (f976) Inc. requests the opportunity to address Council regarding the matter. The communication Mr. Stewart Branscombe, referred to the site plan approval and reviewed the proposal for the Mount Carmel Centre; and introduced Mr. Peter Rourke, Real Estate Manager and Mr. H. Ruddock, Architect. Mr. Ruddock indicated that the drainage pattern application had been submitted to the Ministry of Environment for approval and that following subsequent approval by Council and the Ministry, the applicant would be in a position to meet all the Ministry guidelines with respect to stormwater managemenL ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the correspondence be received and flied. Carried UnanimousIv. PD-95-63 - Chief Administrative Officer- Re: Site Plan Approval; SPC-6/95; Proposed Commisso's Food Terminal; East Side Portage Road at Colborne Street. The report recommends the following: 1. That Council approve the site plan for the proposed 70,600 sq. ft. Commisso's Food Terminal located on the east side of Portage Road opposite Colborne Street; 2. That the applicant address any remaining site plan requirements to the satisfaction of staff prior to the execution of the site plan agreement; 3. That the applicant enter into any agreements required by the Regional Municipality of Niagara relating to any aspect of the reconstruction of Portage Road; 4. That the Chief Building Official be authorized to enter into a Conditional Permit Agreement, for footing and foundations only on behalf of the City so as to expedite the issuance of a building permit. - AND - Communication No./f2 - Rinaldi Homes. The communication expresses various concerns regarding the commercial development proposed for Block "N". Mr. Tony Commisao indicated that an application had been made for a site plan to build a supermarket in Niagara Falls employing approximately 150 people; and which would b~fng business to the City and requested Council's support of the application. Mr. Commisso introduced Mr. John Romanoff, Architect, who provided information with respect to the issue of sound and environmental barriers and the construction of a four-foot retaining wall, ...9 - 9- Mr. David Shapiro, Solicitor, on behalf of Rinaldi Homes, expressed concerns regarding the issue of truck traffic and the impact on the residential area; referred to an original subdivision agreement of November, 1974 and the site plan requirement of a 10 foot buffer screen; discussed the construction of a four-foot retaining wall which would provide no noise or smoke attenuation and no visual screening and requested that the matter be deferred in order that all the parties concerned could come to a favourable conclusion. The Director of Planning and Development provided clarification regarding concerns expressed and advised provisions had been made in the site plan regarding the building set back; that the retaining wall height at the commercial side was 4 feet and at the residential side it was 8 feet,' and due to a drop in the grade elevation to the rear of the property, underground parking would be required. Discussions were held regarding the feasibility of increasing the fence height and consideration of lowering the road elevation. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that Council approve the site plan for the proposed 70,600, sq. ft. Commisso's Food Terminal located on the east side of Portage Road opposite Colborne Street and that the applicant address any remaining site plan requirements including any modifications to allow an increase in fence height, in order to provide an adequate buffer to the satisfaction of staff prior to the execution of site plan agreement and Council grants the required exemptions to the fence by-law to accommodate the site plan area. Carried Unanimousiv. PD-95-66 - Chief Administrative Officer- Re: Regional Expansion Sewage Study Facility; Chippawa Creek Road. The report recommends the following: 1. That the City offer no objection to the Screening Report on the proposed expansion of the sewage sludge holding facility,' 2. That the City request the conditions contained in the conclusion of this report be attached to the Certificate of Approval issued by the Ministry of Environment and Energy. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the report be received and adopted. The motion Carried with Aldermen Orr and Volpatti voting contrary to the motion and with all others voting in favour. REGULAR COUNCIL MATTERS Alderman Hendershot requested that the Minutes of April 3, 1995 reflect that he was away due to illness; and Alderman Orr requested that the Minutes of April 3, 1995 reflect that she was opposed to the Residential Rebate Program dealt with at Finance Committee. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings, that the Minutes of the Regular Meeting of April 3, 1995 be adopted as amended. Carried Unanimously. REPORTS MW-95-70 - Chief Administrative Officer- Re: Contract 93-115; Watermain Installation on Callan Street; Thomas Street; and Mountain Road & Relocation of City Hall Laterals. The report recommends that the unit prices submitted by the low tenderer, V. Gibbons Contracting Ltd., be accepted and the by-law be passed. ORDERED on the motion of Alderman Ward, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See By-law No. 95-77 - 10- RATIRCATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the actions taken on the following matters by Community Services Committee, earlier this evening be approved: 1. Adoption of the Minutes of March 20, 1995 and Mamh 27, 1995 Community Services Committee Meetings; MW-95-60 - Dixon Street/Cleveland Avenue Road Drainage - that the City not proceed with the installation of storm sewers on Dixon Street between Orchard Avenue and Allendale Avenue, and that the project be given consideration for inclusion in the Five-Year Capital Construction Budget; 3. R-95-21 - Recreation Commission By-law - that Council approve a by-law to amend By-law 91-41; 4. Proclamation - "Cornposting Awareness Week from May I to May 7, 1995" - that May I to May 7, 1995 be proclaimed as "Composting Awareness Week'~ Carried Unanimously See Bv-law No. 95-75 R-95-23 - Chairman, Environmental & Greening Committee - Re: Actions Stemming from Environmental Planning & Greening Committee Meeting on March 22, 1995. The report recommends that Council endorse the action from the Environmental Planning and Greening Committee meeting of March 22, 1995. ORDERED on the motion of Alderman Janvary, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. See Resolution No. 36 See Resolution No. 37 See Resolution No. 38 F-95-13 - Chief Administrative Officer- Re: Municipal Accounts. The report recommends that the accounts totalling $454,375.97 for the period ending April 10, 1995, be approved by the passing of the by-law appearing later on the agenda. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. The motion Carded with Aldermen Campbell, Craitor, Hendershot, Janvary, and pietrangelo abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. See By-law No. 95-82 RATIFICATION OF FINANCE COMMITTEE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary, that the actions taken on the following matters by the Finance Committee, earlier this evening be approved: 1. Adoption of the Minutes of the Finance Committee meeting of April 3, 1995; 2. FC-95-06 - Residential Construction Rebate Program - that the Spring 1995 Residential Construction Program be financed from the urban service area mill rate stabilization fund - Alderman Volpaffi - conflict of interest; Aldermen Cummings and Off - opposed; 3. FC-95-07 - 1995 Tender for Supply of Computer Equipment - that the tender for the supply of Computer Equipment in the amount of $133,094, as submitted by the low tenderer, Niagara Computes of Niagara Falls, be accepted; ...11 - 11 - 4. Request for Relief from Tipping Fees - to allow Mr. Ed Hicks of 5482 Glenholme Avenue to dispose of his roof shingles at the Mountain Road Landfill at no cost. The motion Carried with Alderman Volpatti abstaining from the vote on Report FC-95-06 on a conflict of interest previously noted,' Aldermen Cummings and Orr voting contrary to the motion on Report FC-95-06 and with all others voting in favour. L-95-26 - Chief Administrative Officer - Re: Agreement between Amelia Hiebert, Jacob Hiebert c.o.b. as Jake's Chips and the City. File No.94CNFO00.209. The report recommends that the City enter into the attached Agreement with Amelia Hiebert and Jacob Hiebert c.o.b. as Jake's Chips for the purpose of permitting Jake's Chips to locate its mobile refreshment vehicle on Municipal streets. ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that the report be received and adopted. The motion Carried with Alderman Orr voting contrary to the motion and with all others voting in favour. See By-law No. 95-79 RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the actions taken on the following matter by Committee-of-the-Whole, earlier this evening be approved: That the City Solicitor be authorized to dose up those portions of the unopened part of Dixon Street, Parts 4 through 18 on Reference Plan 59R9137; and further that the City enter into an Option Agreement with Her Majesty the Queen in Right of Ontario, as represented by the Chair of the Management Board of Cabinet for Parts 4 through 18 on Reference Plan 59R9137, the option to be for one year with two 1-year extensions at $9.00 a square foot and that the Appended Agreement of Purchase and Sale attached to the Option Agreement 'be approved with respect to the same terms and conditions as the Option Agreement save and accept for an easement to be reserved by the City for a watermain; and further that the City enter into an Agreement with the Province to provide an assurance that if the hydro transmission wires, which are to be reconstructed on Murray Street are moved within the next twenty years, that the City will pay for the entire cost of the relocation of those wires in an agreement satisfactory in form, to the City Solicitor. Carried Unanimously RESOLUTIONS NO. 34 - VOLPATTI - HENDERSHOT- RESOLVED THAT Alderman Fermino Susin be appointed Acting Mayor for the period of April 14, 1995 to April 21, 1995 inclusive; during the absence of His Worship Mayor Wayne Thomson. AND The Seal of the Corporation be hereto affixed. Carried Unanimously NO. 35 - FISHER - HENDERSHOT - RESOLVED that the Council of the Corporation of the City of Niagara Falls is not in favour of any helicopter operating locating in the tourist area. AND The Seal of the Corporation be hereto affixed. Carfled Unanimously NO. 38 - JANVARY - CAMPBELL - WHEREAS the Council of the City of Niagara Fails, on the tenth day of Apdl, f995, agreed that April 22, 1995 be designated as Earth Day f995 in the City of Niagara Falls; and WHEREAS more than twenty years ago, millions of people joined together on Earth Day to express an unprecedented concam for the environment and their collective action resulted in the passage of sweeping laws to protect our air, our water, and the lands around us; - 12 - and WHEREAS the City of Niagara Falls has long supported environmental protection and natural resource management programs and policies; and WHEREAS public concern about protecting the Earth is rapidly increasing as new scientific information about environmental threats such as global warming, ozone depletion, acid rain, air pollution and more becomes available; and WHEREAS the pubtic is encouraged to participate in any events planned for Earth Day 1995 by local environmental groups and schools; and NOW THEREFORE BE IT RESOLVED that by and with the approval of the Council of our City of Niagara Falls, the day of April 22, 1995 is hereby proclaimed as Earth Day 1995 in the City of Niagara Falls; AND The Seal of the Corporation be hereto affixed. Carried Unanimously NO. 37 - JANVARY - CAMPBELL - WHEREAS the Council of the City of Niagara Falls, on the tenth day of April, 1995, agreed that the week of June 3 to June 9, 1995 be designated as Environmental Week in the City of Niagara Falls; and WHEREAS Environment Week will stimulate interest in and knowledge of the environment; and WHEREAS the City of Niagara Falls encourages local residents, schools and industries to participate in any activities planned for Environment Week; and NOW THEREFORE BE IT RESOLVED that and with the approval of the Council of our City of Niagara Falls the week of June 3 to June 9, 1995 is hereby proclaimed as Environment Week in the City of Niagara Falls; AND The Seal of the Corporation be hereto affixed. Carried Unanimously NO. 38 - JANVARY - CAMPBELL - WHEREAS the Council of the City of Niagara Falls, encourages the beautification of the City by the use of trees; and WHEREAS Arbor Week will stimulate interest in and knowledge of trees, and conservation of trees; and WHEREAS the City of Niagara Falls encourages the planting, preservation and conservation of trees; and NOW THEREFORE BE IT RESOLVED that by and with the approval of the Council of our City of Niagara Falls, the week of April 21 to May '1, 1995 is hereby proclaimed as Arbor Week in the City 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 Pietrangelo, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 95'75 A by-law to amend By-law No. 91-41, being a by-law to continue the Recreation Commission and to authorize the carrying on of community programs of recreation. 95-76 A by-law to authorize the execution of a Subdivision Agreement with Kenneth Harold Foster and others respecting the Foster Plan of Subdivision. 95~77 A by-law to authorize the execution of an agreement with V. Gibbons Contracting Ltd. for watermain insta~ation. 95'78 A by-law to authorize the execution of an agreement with WCM Consulting Inc. for the purpose of engaging their professional services in preparation of a marketing plan. - 13- 95-79 A by-law to authorize the execution of an agreement with Amelia Hiebert and Jacob Hiebert carrying on business as Jake's Chips. 95'80 A by-law to proWde for the adoption of an amendment to the City of Niagara Falls Official Plan. 95'81 A by-law to amend By-law 79-200, as amended. (AM-3/95, Gale's Gas Bars Limited) 95-82 A by-law to authorize monies for General Purposes (April 10, 1995) The motion Carried with Aldermen Campbell, Craitor, Hendershot, Janvary and Pietrangelo abstaining from the vote on By-law 95-82 on conflicts of interest previously noted; Alderman Susin voting contrary to the motion on By-law No. 95-76 on a conflict of interest previously noted and with a~ others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the loftowing by-laws be now read a second and third time: 95-75 A by-law to amend By-law No. 91-41, being a by-law to continue the Recreation Commission and to authorize the carrying on of community programs of recreation. 95-76 A by-law to authorize the execution of a Subdivision Agreement with Kenneth Harold Foster and others respecting the Foster P/an of Subdivision. 95-77 A by-law to authorize the execution of an agreement with V. Gibbons Contracting Ltd. for watermain instafiation. 95-78 A by-law 'to authorize the execution of an agreement with WCM Consulting Inc. for the purpose of engaging their professional services in preparation of a marketing plan. 95-79 A by-law to authorize the execution of an agreement with Amelia Hiebert and Jacob Hiebert carrying on business as Jake's Chips. 95-80 A by-law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. 95'81 A by-law to amend By-I~w 79-200, as amended. (AM-3/95, Gale's Gas Bars Limited) 95'82 A by-law to authorize monies for General Purposes (April 10, 1995) The motion Carried with Aldermen Campbell, Craitor, Hendershot, Janvary and Pietrangelo abstaining from the vote on By-law 95-82 on conflicts of interest previously noted; Alderman Susin voting contrary to the motion on By-law No. 95-76 on a conflict of interest previously noted and with all others voting in favour. NEW BUSINESS Local Government Disclosure of Interest Act Alderman Pat Cummings advised that the local government information session to be held at the Region on April 13, 1995 had been cancelled and requested that any upcoming notice of meeting be given through the Clerk's Department. - 14- Junior B Hockey Alderman Kim Craitor provided an update on the Junior B playoffs. Social Plannincl Council Alderman Kim Craitor referred to correspondence from the Social Planning Council and expressed concern regarding the course of action taken by the Social Planning Council with respect to his conflict of interest position. Licensincl of Tattoo Pa~ours Alderman Wayne Campbell expressed concerns with respect to the age of individuals who visit tattoo parlours and requested further information on the matter. ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that the City Clerk investigate the present status of the licensing of tattoo parlouts and bring a report back to Council. Carried Unanimously. Si3orts Waft of Fame Alderman Paisley Janvary referred to 1995 nomination forms for the Sports Wall of Fame and advised that a get together would be held on April 29, 1995 from fO:O0 - 12:00 o'clock at Simon's RestauranL National Citizen's Week Alderman Paisley Janvary informed that next week was National Citizen's Week and suggested that members of Council sing O'Canada p~or to adjourning the Council meeting. Committee Meetinc~s Alderman Pat Cummings requested that all upcoming Committee meetings be listed to the front of the Council packages. Ontario Winter Games Alderman Gary Henderehot indicated that an invitation would be forthcoming to members of Council to a wrap up of Ontario Winter Games media sponsor night to be held at VinCor. He indicated that recommendations would be received regarding the distribution of the Ontado Winter Games surplus funds and be brought back to Council. Glass on Roadways His Worship Mayor Thomson referred to a recent vehicle accident where glass had been strewn all over the roadway and requested that the matter be looked into. ORDERED on the motion of Alderman Ward, seconded by Alderman Volpatti, that the Regional Public or the Police Commission be requested to clean up glass and debris from the roadways after an accident; and further that towing operators be requested to secure their loads ensu~ng that nothing could fall off the towing vehicle while in transit. Carried Unanimously. 15- Canada Ontario Infrastructure Works Proqram His Worship Mayor Thomson referred to the decision of the Federal government to extend its participation in the program from a Two-Year Program to a Five-Year Program which would have a direct bearing on the City in any projects being done now may not receive the federal governmenrs portion for another two to three years. Mayor Thomson requested that a resolution be forwarded to the Federal government expressing concerns and requesting that the govemment reverse their decision. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that a letter be forwarded to the Prime Minister, our local Federal Ministers, the Association of Municipalities of Ontario and the Honourable Arthur C. Eggleton, Minister Responsible for Infrastructure, expressing Councirs strong concerns and requesting the Federal government to reverse their decision regarding its participation in the infrastructure works program. Carried Unanimously. Prior to adjournment, members of Council sang 0 Canada, in observance of the upcoming National Citizen's Week. ORDERED on the motion of Alderman Janvary, seconded by Alderman Volpatti, that the meeting be adjourned. Carried Unanimously. READAND ADOPTED, MAYOR WAYNE THOMSON COMMITTEE OF THE WHOLE Committee Room #2 April 24, 1995 Council met on Monday, April 24, 1995 at 7:00 p.m. in Committee of the Whole. Aft members of Council, with the exception of Alderman Puttick who was on vacation and Alderman Judy Orr, who was away due to illness, were present. Alderman Kim Craitor presided as Chairman. Fo~owing consideration of the items presented, the Committee of the Whole reported in open session. READ AND ADOPTED, MAYOR WAYNE THOMSON REGULAR MEETING Counc~ Chambers April 24, 1995 Council met on Monday, April 24, 1995 at 7:30 p.m. for the purpose of considering Regular BUsiness. All members of Council, with the exception of Alderman Puttick who was on vacation, and Alderman Judy Orr, who was away due to illness, were presenL Alderman Selina Volpatti offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the Minutes of the Planning/Regular Meeting of April 10, 1995 be adopted as printed. Carried UnanimousIv. DISCLOSURES OF PECUNIARY INTERES__T Alderman Pat Cummings indicated a pecuniary interest on Communication No. 119 -Stamford Centre Volunteer Firemen's Association because he is a member of the organization; and indicated a pecuniary interest on Report L-95-35, because of the close proximity to his residence. Alderman Selina Volpatti indicated a pecuniary interest on Report MW-95-69, because her employer has an interest in the contract. Alderman Victor Pietrangelo indicated a pecuniary interest on Report F-95-14, Cheque Nos. 211444 and 211308 because the recipient is his employer. Alderman Fermino Susin indicated a pecuniary interest on Report MW-95-73 and By-law 95.89, because of work being performed near his mother's residence. -2- Alderman Kim Craitor indicated a pecuniary interest on Report F-95-14, Cheque No. 211492, because he sits on the Board as a volunteer member; arid Cheque No. 211418 because the recipient is his spouse's employer. WELCOME 18th Nianara Cubs His Worship Mayor Thomson welcomed 24 cub members from the 18th Niagara Cubs, SL Thomas Moore Church along with their Leaders, Rob Jackson, Dave Martel and Gaff Foster, who were in attendance as part of a requirement for their Law Awareness Badge. D EPU TA TIONS Niaclara Falls Volunteer Bureau Mr. Chris Biasucci, President, and Kimberly Gunning, Vice President, Niagara Falls Volunteer Bureau, Inc. were in attendance to announce the festivities organized by the Volunteer Bureau to celebrate Volunteer Week in order to recognize the contributions and citizens of the community who donated their time and expertise helping others in the community. Mr. Biasucci requested Council proclaim the week of April 23 to April 29, 1995 as "Volunteer Week" in Niagara Falls; informed that a "Community Showcase" would be held on April 29, 1995 at Niagara Square and extended an invitation to members of Council to a Volunteer Recognition Night on April 28, 1995 at the Hospitality and Tourist Centre. Mr. Biasucci thanked everyone for their committment to volunteerism and introduced the Niagara Falls Volunteer Board. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the request be supported. Carried Unanimously. His Worship Mayor Thomson congratulated Mr. Biasucci, Betinda Yorke and all the volunteers for their involvement in the Super City's Walk on April 23, 1995 for Multiple Sclerosis. Mr. Biasucci informed that approximately $28,000 was received in contributions, Pen National HeliCopters Ltd. Mr. Gilles Valliers, President, Pen National Helicopters Ltd. provided information with regard to a proposed helicopter landing site; referred to lower altitude, shorter flight paths over open green spaces with minimal impact to residential areas; he indicated that Niagara Helicopters would be invited to share the site and requested to conform to the flight patterns which would reduce helicopter traffic and noise levels. Mr. Valliers requested Councirs support of the proposal Following the discussion, it was ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the request for a helicopter landing site be denied: Carried Unanimously. - AND - Communication No. '/13 - Mr. Tony Zappltelli, Sheraton Fallsview. The communication advises that the proposal was not a compatible addition to the surrounding land uses and expresses opposition to a proposal -3- Communication No. '/'/4 - Sister Carmen Diston for The Loretto Sisters. The communication advises as being opposed to the proposed helicopter site and requests Council not to support the request. ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the communications be received and filed. Carried Unanimously. COMMUNICATIONS Communication No. ff5 - Niagara Falls Humane Society - Re: Proclamation. The communication requests Counc~ proclaim the week of April 30, 1995 to May 6, 1995 as "Be Kind to Animals Week". ORDERED on the motion of Alderman Janvary, seconded by Alderman Volpatti, that the request be supported. Carried Unanimously. Communication No. f'/6 - Canadian Labour Congress - Re: Proclamation. The communication requests Council proclaim April 28, 1995 as an '~nnual Day of Mourning" in recognition of workers killed, injured or disabled on the job. ORDERED on the motion of Alderman Pietrsngelo, seconded by Alderman Fisher, that the request be supported. Carried Unanimously. Communication No. '/'/7 - Campaign Life Coalition, Niagara - Re: Proclamation. The communication requests Council proclaim the week of May 8, 1995 to May 15, 1995 as "Respect for Life Week" in Niagara Falls. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Susin, that tl~e request be supported. The motion Carried with Aldermen Craitor, Campbe~ and Hendershot voting contrary to the motion and with all others voting in favour. Communication No. 118 - Canadian Mental Health Association, Niagara South Branch Re: Proclamation. The communication requests that 1) Council proclaim the week of May 1 to May 7, 1995 as "Mental Health Week" in Niagara Falls; and 2) requesting to have an official flag raising ceremony on May 1, 1995; and 3) that permission be given to host a hot-dog barbecue in Civic Square from 11:00 a.m. to 2:00 p.m. on May 2, 1995. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that requests No. 1 and No. 2 be supported and further that request No. 3 be granted subject to having no objections from the Employees Recreation Club. Carried Unanimously. Communication No. f19 - Stamford Centre Volunteer Firemen's Association - Re: 44th Annual Carnival The communication advises that the 44th Annual Stamford Centre Volunteer Firemen's Carnival will be held from June 14 to June 17, 1995 inclusive and that Canada's Magic Midway (formerly Joyes Amusement and Concessions) will be providing the rides. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the communication be received and filed for the Information of Council. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. Communication No. 120 - Niagara Falls Humane Society - Re: Complaint from Mrs. Weaver regarding impound and subsequent adoption of a beagle dog. The communication provides information regarding complaint to the Board and the Board's decision on the matter. ORDERED on the motion of Alderman Pietrengelo, seconded by Alderman Janvary, that the communication be received and filed for the Information of Council. Carried Unanimously. -4- REPORTS MW-95-69 - Chief Administrative Officer - Re: Contract #95-06; Tender for fie Supply of Materials and Services for Pavement Markings. The report recommends that the low bidder, 463051 Ontario Limited, o/a Terrio Road Markings, be accepted and that the by-law appearing on tonight's agenda, be passed awarding this contract, ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. See Bv-law No. 95-91 MW-95-72 - Chief Administrative Officer- Re: Quotation for the Supply of Parking Meter Mechanisms, Housings and Accessories. The report recommends that the low bidder, J.J. MacKay Canada Limited, be accepted, to supply Parking Meter Mechanisms, Housings and Accessories. ORDERED on the motion of Alderman Campbell, seconded by Alderman Ward, that the rqport be received and adopted. Carried Unanimously. MW-95-73- Chief Administrative Officer- Re: Contract 94-121; (Re-Tender) Storm Sewer Installation and Road Rehabilitation of Inglis Drive & Alexander Crescent; Storm Sewer Installation on Stanley Avenue (Canada/Ontario Infrastructure Work Program). The report recommends that the unit prices submitted by the low tenderer, Provincial Construction (Montrose) Ltd. be accepted and the by-law be passed. ORDERED on the motion of Alderman Ward, seconded by AIderman Cummings, that the report be received and adopted. The motion Carried with Alderman Susin abstaining from the vote on a conflict of interest previously noted and with a~ othes voting in favour. See Bv-law No. 95-89 MW-95-74 - Chief Administrative Officer - Re: Contract 95-04; 1995 Asphalt Patching. The report recommends that the unit prices submitted by he low tenderer, Economy Paving Company Ltd. be accepted for the above contract and the authorizing by-law be passed. ORDERED on the motion of Alderman Susin, seconded by AIderman Volpatti, that the report be received and adopted. Carried Unanimously. See By-law No. 95-87 MW-95-75 - Chief Administrative Officer- Re: Contract 95-09; 1995 Crack Sealing. The report recommends that the unit price submitted by the low tenderer, 788893 Ontario Ltd., o/a Niagara Crack Sealing, be accepted for the above contract and the authorizing by-law be passed. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. See By-law No. 95-88 RATIRCATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the actions taken on the following matters by Community Services Committee, earlier this evening be approved: 1. Adoption of the Minutes of April 10, 1995 Community Services Committee; 2. R.95-25 - Arts & Culture Commission Appointment - that Mr. Chris Biasuccrs letter of resignation be accepted and that Heather Ford be appointed to complete th.e term which expires December 31, 1996; 3, R-95-27 - t995 Parks & Athletic Relds Schedules - that the schedules contained in Report R-95-27 for special events and regular use of parks, athletic fields, and school grounds be approved by Council; - 5- 4. Railway Crossing on Marineland Parkay - that staff investigate the status of repairs or the possibility of removal of the "spur line" at the Railway Crossing on Marineland Parkway; 5. Social Planning Council - that Council contact the Social Planning Council requesting that they provide the minutes and correspondence in relation to Alderman Craitor's employer being contacted. Carried UnanimousIV R-95-24 - Chair, Civic Committee; and Chair, Canada Day Committee - Re: Town Crier. The report recommends the following: 1. That Counc~ approve the appointment of a Town Crier for the City of Niagara Falls; 2. That the Town Crier be named at the July 1st Canada Day Celebrations. ORDERED on the motion of Alderman Cummings, seconded by Alderman Henderehot, that the report be received and adopted. Carried Unanimously. F-95-14 - Chief Administrative Officer- Re: Municipal Accounts. The report recommends that the accounts totalling $1,606,589.06 for the period ending April 24, 1995, be approved by the passing of the by-law appearing later on the agenda. ORDERED on the motion of Alderman Ward, seconded by Alderman Pietrangelo, that the report be received and adopted. The motion Carried with Aldermen Craitor and Pietrangelo abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. See By-law No. 95-93 RATIRCA TION OF RNANCE COMMITTEE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the actions taken on the following matters by the Finance Committee, earlier this evening be approved: f. Adoption of the Minutes of the April fO, 1995 Finance Committee Meeting; 2. Permissive Grants - that staff be directed to prepare, for Finance Committee approval, a letter to all groups receiving permissive grants, recommending a zero or less increase over the prior year's funding; 3. R-95-25 - Recreation Commission; National Competition Grants - That the two members of the Pelham Classics attending the U.S. National Senior Sports Classic in San Antonio, be given a grant of $300 each in addition to the $100 each given by the Recreation Commission; 4. R-95-28 - Niagara Falls Roller Hockey League - that the Niagara Falls Rofier Hockey League be recognized as a non profit group until such time as the letter of verification is received from the Ministry of Consumer and Commercial Relations; Ontario Special Olympics - that the request from the Ontario Special Olympics for financial support for regional athletes to participate at the International World Games be referred to the Recreation Commission; 6. MW-95-78 - f995 Parking Operating Budget - that the f995 Parking Operating Budget be approved. Carried UnanimouSly -6- CD-95-17- Chief Administrative Officer- Re: 1995 Annual Association of Municipalities of Ontario Conference. The report recommends that Council receive and file this report for their information. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. L-95-27 - Chief Administrative Officer - Re: The Establishment of Certain Land as a Highway (Willode~ Road). The report recommends that Council approve the by-law appearing on tonighrs agenda that would establish the land designated as part f on Reference Plan 59R-9094, attached hereto, as a highway and become part of Willodeil Road. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously. See By-law No. 95-90 L-95-28 - Chief Administrative Officer - Re: The Local Government Disclosure of Interest Act; 1994 (Bi~ 163). The report recommends that the report is for the information of Council. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, that the report be received and filed. Carried Unanimously. L-95.29 - Chief Administrative Officer - Re: Municipal By.law Enforcement Officers. The report recommends that Council pass the by-law; consolidating the appointment of municipal by-law enforcement officers; appointing James Cannon, Albert Carter, Rex Tucker, John Morgan, John Jones, Lesley White and Walter Hanson as Municipal By-law Enforcement Officers in order to issue Parking Violations; appointing Joseph Tedesco, Randal Felesco, John Berger and Matthew Cowan as Municipal By-law Enforcement Officers in order to enforce the City's by-laws dealing with dogs and other animals. ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the report be received and adopted. Carried UnanimousIv. See Bv-law No. 95-86 L-95.30 - Chief Administrative Officer - Re: Property Standard Order; Robert Van Pentland, Dianne Jean Pentland; 6096 Arad Street. The report recommends that Council retain a City Work Crew or a Contractor to forthwith complete the work which Robert Van Pentland. and Dianne Jean Pentland were directed to carry out under the Order of the Property Standards Officer, namely clean and remove a~ rubbish and debris from the subject property. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. L-95.31 - Chief Administrative Officer - Re: Property Standard Order; Dorothy Elene Hodgson; Lot 17 & 18 Elizabeth Street. The report recommends that Council retain city Work Crew or a Contractor to forthwith complete the work which Dorothy Elene Hodgson was directed to carry out under the Order of the Property Standards Officer, namely clean and remove all rubbish and debris from the subject property. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. L-95.32 - Chief Administrative Officer- Re: Home Occupations. The report recommends that the report is for the information of Councfi. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the report be received and filed, Carried Unanimously. - 7- L-95-33 - Chief Administrative Officer - Re: Second Level Lodging Homes. The report recommends that the direction of Council is being sought regarding the increasing of licensing fees to cover the costs of inspections by the Health Department, ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the matter be referred to an upcoming Finance Committee meeting for further discussion. Carried Unanimously. L-95-34 - Chief Administrative Officer - Re: Transfers of Easements between the City and the Region - General The report recommends that the Region and the City enter into a reciprocal arrangement whereby transfers of easements be for nominal consideration where easements are in a location satisfactory to both the Region and the City. ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that the report be received and adopted. Carried UnanimousIv. L-95-35 - Chief Administrative Officer - Re: Transfer of Easement between the City and the Region; Former NS & T Corridor. The report recommends the following: 1. That Council approve the Transfer of an Easement to the Region along the former NS & T Corridor for the purpose of construction a new sanitary forcemain and gravity sewer,' 2, That Council approve a temporary construction/working easement along the entire former NS & T Corridor; 3. That Council approve the Transfer of road widenings across the frontage of the Corridor where it intersects the west limit of Drummond Road and where it intersects the east limit of Portage Road. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the report be received and adopted. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously noted and with all others voting in fayour. L-95-36 - Chief Administrative Officer- Re: Niagara Gateway Project; Option to Purchase Part of Dixon Street and Transfer of Easement. The report recommends that the report is for the information of Council. ORDERED on the motion of Alderman Ward, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the actions taken on the following matters by Committee of the Whole, earlier this evening be approved: f. That Council authorize the reinstatement agreement with a CUPE employee; 2, That Council authorize the staffing agreement regarding the Contracting out of Solid Waste Conactions. Carried Unanimousll< .BY-LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 1 95-84 95.85 95-86 95-87 95-88 95-89 95-90 95-91 95-92 95-93 95-94 -8- A by-law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. (AM-6/95, 3799 Montrese Road, formerly Reese's Country Inn) A by-law to amend By-law No. 95-31, being a by-law to regulate the discharge of firearms in a defined area in the City of Niagara Falls. A by-law to appoint Municipal By-law Enforcement Officers for the City of Niagara Falls. A by-law to authorize the execution of an agreement with Economy Paving (St. Catharines) Limited for asphalt patching. A by-law to authorize the execution of an agreement with 788893 Ontario Limited operating as Niagara Crack Sealing for crack sealing on various streets. A by-law to authorize the execution of an agreement with Provincial Construction (Montrose) Ltd. respecting storm sewer installation and road rehabilitation on Inglis Drive and Alexander Crescent and storm sewer installation on Stanley Avenue. A by-law to establish certain land as part of Willedell Road, being a public highway. A by-law to authorize the execution of an agreement with 463051 Ontario Limited operating as Terrio Road Marking respecting pavement markings. A by-law to authorize the execution of an Option Agreement with Her Majesty the Queen in right of Ontario as represented by the Chair of the Management Board of Cabinet for the purpose of selling part of Dixon Street. A by-law to authorize monies for General Purposes (April 24, 1995) To provide for the Appointments to certainBoards, Commissions and Committees. (To appoint Heather Ford to the Arts & Culture Commission) The motion Carried with Alderman Susin abstaining from the vote on By-law No. 95-89 on a conflict of interest previously noted; Aldermen Craitor and Pietrangelo abstaining from the vote on By-law No. 95-93 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Janvary, seconded by Alderman Henderehot, that the following by-laws be now read a second and third time: 95'84 A by-law to provide for the adoption of an amendment to the City of Niagara Fails Official Plan. (AM-6/95, 3799 Montrese Road, formerly Reese's Country Inn) 95,85 95,86 95-87 A by-law to amend By-law No. 95-31, being a by-law to regulate the discharge of firearms in a defined area in the City of Niagara Falls. A by-law to appoint Municipal By-law Enforcement Officers for the City of Niagara Falls, A by-law to authorize the execution of an agreement with Economy Paving (St. Catharines) Limited for asphalt patching. 95-88 95-89 95-90 95-91 95-92 -9- A by-law to authorize the execution of an agreement with 788893 Ontario Limited operating as Niagara Crack Sealing for crack sealing on various streets. A by-law to authorize the execution of an agreement with Provincial Construction (Montrose) Ltd. respecting storm sewer installation and road rehabilitation on Inglis Drive and Alexander Crescent and storm sewer installation on Stanley Avenue. A by-law to establish certain land as part of Willedell Road, being a public highway. A by-law to authorize the execution of an agreement with 463051 Ontario Limited operating as Terrio Road Marking respecting pavement markings. A by-law to authorize the execution of an Option Agreement with Her Majesty the Queen in right of Ontario as represented by the Chair of the Management Board of Cabinet for the purpose of selling part of Dixon Street. 95-93 A by-law to aljthorize monies for General Purposes (April 24, 1995) 95-94 To provide for the Appointments to certainBoards, Commissions and Committees. (To appoint Heather Ford to the Arts & Culture Commission) The motion .Carried with Alderman Susin abstaining from the vote on By-law No. 95-89 on a conflict of interest previously noted; Aldermen Craitor and Pietrangelo abstaining from the vote on By-law No. 95-93 on conflicts of interest previously noted and with a~ others voting in favour. NEW BUSINESS Letters of Condolence ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that a letter of condolence be forwarded to the family of the late Harold Young, the former City Solicitor and highly respected member of the legal profession. Carried Unanimously. ORDERED en the motion of Alderman Cummings, seconded by Alderman Hendershot, that a letter be forwarded to the residents of Oklahoma City with regard to the recent tragic occurrence of the bombing of a Federal building. Carried Unanimously. ORDERED on the motion of Alderman Susin, seconded by Alderman Cummings, that a letter of condolence be forwarded to the family of the late Marie Prime Morellato, father of AI Morellato and we/I-respected citizen of the community. Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Hendershot, that a letter of condolence be forwarded to the family of the late Mrs. Nanetta Notarianni, a well-respected citizen in her community. Carried Unanimously. ORDERED on the motion of Alderman Pietrengelo, seconded by Alderman Cummings, that a letter of condolence be forwarded to the family of the late Marie Santesso, owner of Columbus Plate Works and well-respected citizen of the community. Carried Unanimously. ORDERED on the motion of Alderman Susin, seconded by Alderman Janvary, that a letter of condolence be forwarded to the family of Gordon Counsel/on the recent passing of his sister, Elizabeth Rosemary. Carried Unanimously. 11 - Bridqe Lineups Alderman Gary Hendershot expressed concems regarding cutbacks to customs personnel at the various Niagara Falls bridges and the foreseeable lineups across the bridges during the tourist season; referred to the City's expenditures for the provision of secondary inspection laneways to fac~itate easier bridge crossings at the international borders; and requested that His Worship Mayor Thomson express Councirs concerns regarding the issue to Mr. John Johnston, District Manager, Customs Operations. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that His Worship Mayor Thomson express Councirs concerns regarding the issue to Mr. John Johnston, District Manager, Customs Operations. The motion Carried with Alderman Craitor abstaining from the vote on a conflict of interest because his employer is involved and with a~ others voting in favour. Flower Vendors Alderman Pat Cummings requested information regarding the status of the flower vendors over the Easter weekend and was advised by the City Solicitor that no problems were encountered because they were either ~cenced or local vendors. Project S.H.A.R.E. Alderman Selina Volpatti thanked members of Council and the community, on behalf of Project S.H.A.R.E for their support in providing food donations; she indicated there was a very urgent need for more donations of food and provided Project S.H.A.R.E bags to members of Council. Casino Issue Alderman Pat Cummings requested information on the issue of a casino and was advised by His Worship Mayor Thomson that the Province would make the announcements regarding a future casino site. Garaqe Sales Alderman Kim Craitor referred to the issue of holding garage sales and what restrictions applied. The City Solicitor provided information on the matter and advise, d that if new goods were being sold, an individual could be charged. Clean Up Day Alderman Shirley Fisher advised that the I.G.A. in Chippaws would be holding a "clean up day" on April 29, 1995 and invited everyone to attend. Barbara Frum Communications Centre His Worship Mayor Thomson referred to the dedication of the Barbara Frum Communications Centre at Stamford Collegiate and an invitation requesting the attendance of Council at a dinner being held at the Ramada Renaissance, on May 11, 1995. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON COMMITTEE OF THE WHOLE Committee Room #1 May 1, 1995 Council met on Monday, May 1, 1995 at 6:30 p.m. in Committee of the Whole. All members of Council with the exception of Alderman Puttick who was on vacation, were present. Alderman Bruce Ward presided as Chairman. Following consideration of the items presented, the Committee of the Whole reported in open session. READ AND ADOPTED, MAYOR WAYNE THOMSON REGULAR MEETING Council Chambers May 1, 1995 Council met on Monday, May 1, 1995 at 7:30 p.m. for the purpose of considering Regular Business. All members of Council, with the exception of Aldermen Puttick who was on vacation, were present. Alderman Victor Pietrengelo offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that the Minutes of the Regular Meeting of April 24, 1995 be adopted as printed. Carried Unanimousiv. DISCLOSURES OF PECUNIARY INTEREST Aldermen Campbell, Hendershot, Janvary and Pietrangelo indicated a pecuniary interest on Report F-95-15, Cheque No. 211657 because the recipient is their employer. Alderman Cummings indicated a pecuniary interest on Report F-95-15, Cheque 211726, because the organization is his spouse's employer; and indicated a pecuniary interest on Reports CD-95-21 and CD-95-22 because he is a member of an organization that is involved with bingo. Alderman Susin indicated a pecuniary interest on Report F-95-15, Cheque No. M90839, because members of his family are volunteer firefighters; indicated a pecuniary interest on Communication No. f22, because he is a member of Branch 396; indicated a pecuniary interest on Report FD-95-02, because members of his family are volunteer firefighters; and indicated a pecuniary interest on Report Nos. CD-95-21 and CD-95-22 because members of his family are associated with an organization that is involved with' bingo. ...2 -2- Alderman Craitor indicated a pecuniary interest on Report F-95-15, Cheque Nos. 211697 and 211614 because the recipient is his spouse's employer,' and indicated a pecuniary interest on Report Nos. CD-95-21 and CD-95-22 because he is involved with a group as a volunteer that runs a bingo in the City. Alderman Ward indicated a pecuniary interest on Report F-95-15, Cheque No. 211605 because a family member owns the company; and a pecuniary interest on Cheque No. 211545 because he is a shareholder in the company. PRESENTA~ONS Ontario Winter Games Alderman Gary Hendershot, Chair, Ontario L, Wnter Games Committee provided a summary report of the '95 Ontario Winter Games and presented a cheque in the amount of $104,256.00 to the City on behalf of the Ontario Winter Games. He reviewed the Ontario t/Wnter Games Management Plan for Surplus Funds which recommends that 10% of surplus funds be set aside as seed money for development opportunities in the pursuit of new sports; that 10% be provided to fund a non-profit recreation/sports group to upgrade their equipment; that 40% be dedicated to the YMCA for a community study; and that 40% be dedicated toward City water features and the Centennial Square Fountain. Alderman Hendershot introduced Mr. Jim Diedaft who distributed tokens of appreciation to members of Council for their support of the Ontario Winter Games. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the report be received and that the recommendations be adopted. The motion Carried with Alderman Orr abstaining from the vote on a conflict of interest with respect to the Centennial Square Fountain issue because of the close proximity to her mother's residence and with a~ others voting in favour. Stamford Centre Volunteer Fireficlhters Association Alderman Pat Cummings introduced Mr. Carm Dix, who presented a cheque to Dr. Munkly on behalf of the Stamford Centre Volunteer Firefighters Association in the amount of $9,0OO for firefighter defibrillation equipment. Dr. Munkley introduced Mr. Mike Newman, Co-Ordinator of the defibrillation program, who thanked the firefighters for their donation and advised that implementation of the program would be on June 1, 1995. Mr. Carm Dix encouraged other service clubs to participate and sponsor the program. DEPUTARONS Clean Up of Motor Vehicle Accident Debris Mr. Terry Willick, Willlck Towing provided information on the issue of debris clean up on roadways after a vehicle accident,' he advised it was the responsibility of tow truck .operators to clean up the debris on the roadways after a motor vehicle accident as it was part of the stipulation in their insurance agreement. t ~ The City Solicitor advised that the Regional by-law did not have such a licensing p vision. ~,~ D,.u~n.g t.h,e discussio;, Mr. 1441lick indicated that he would provide further ...3 - 3- Home Occul3ations Diane and Kevin Ladouceur, Donna's Pet Padour were not in attendance. COMMUNICATIONS Communication No. '/2'/- Heart and Stroke Foundation of Ontario - Re: Big Bike for Stroke Research. The communication requests permission to travel the proposed 3.6 km route on the "Big Bike for Stroke Research" on Tuesday, June 6, 1995 to raise money for stroke research. ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the request be approved subject to established policy. Carried Unanimously. During the discussion, it was noted that Alderman Victor Pietrangelo be designated Council Team Captain. Communication No. f22 - The Royal Canadian Legion, Chippawa, Branch 396 - Re: Proclamation. The communication requests Council proclaim May 8, 1995 as "V.E Day in Niagara Falls" in henour of the 50th Anniversary of V.E Day. ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the request be approved subject to established policy. The motion Carried with . Aldern~an Susin abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. Communication No. f23 - ALS (Amyotrophic Lateral Sclerosis) Society of Ontario - Re: Proclamation. The communication requests Council proclaim the month of June, 1995 as '~LS Awareness Month". ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the request be approved subject to established policy. Carried Unanimously. Communication No. 124 - Francine Sullivan, 6399 Bellevue Street - Re: $2,000 rebate for new homes. The communication provides suggestions to modifying the rebate program. ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that the matter be referred to the Mayor and the Building Construction Committee. The motion Carried with Alderman Volpatti abstaining from the vote on a conflict of interest previously noted; Alderman Orr voting contrary to the motion and with all others voting in favour. Communication No. 125 - Rob Douglas, 5226 Timothy Crescent - Re: Balmoral Court Development. The communication expresses concerns regarding lack of green space and the need for a park in the area. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the matter be referred to a future Council meeting when the matter comes up. Carried Unanimously. Commun~cation No. 126 - Belinda Yorke, Multiple Sclerosis - Re: Proclamation. The communication requests Council proclaim May 11th, 12th, and 13th, 1995 as "Multiple Sclerosis Carnation Days" in Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the request be approved subject to established policy. Carried Unanimously. ...4 -4- Communication No. f27 - Niagara Helicopters Limited - Re: Pen National Helicopters Proposal. The communication provides information and clarification on the issue of Pen National Helicopters operating from a site near the Minolta Tower. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo, that the communication be received and filed for the Information of Council. Carried Unanimously. Communication No. 128 - Amity Goodwill Industries Niagara - Re: Proclamation. The communication requests Council proclaim the week of May 7 to May 13, 1995 as "Goodwill Week". ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the request be approved subject to established policy. Carried Unanimously. REPORTS FD-95-02 - Chief Administrative Officer- Re: Tender fl-95, New Fire Training Tower. The report recommends the following: 1. That Council award the construction of the New Fire Training Tower to the low bidder Shoalts Bros. Construction Ltd. 2. That staff be authorized to prepare the necessary by-law authorizing an Agreement between Sheairs Bros. Construction Ltd. and the City for the tendered price of $186,586.00. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried with Alderman Susin abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. F-95-15 - Chief Administrative Officer- Re: Municipal Accounts. The report recommends that the accounts totalling $787,969.30 for the period ending May 1, 1995 be approved by the passing of the by-law appearing later on the agenda. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the report be received and adopted. The motion Carried with Aldermen Campbell, Craitor, Cummings, Hendershot, Janvary, Pietrangelo, Susin and Ward abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. See By-law No. 95-97 CD-95-f0. Chief Administrative Officer- Re: Reduction and Refund of Taxes; Section 443 of the Municipal Act; Property #1 - 6174 Drummond Road - 2726 070 006 06700; Property #2 - 6238 Stamford Street - 2725 030 006 f2700; Property #,3 - 6099 Kitchener Street - 2725 030 005 03100. The report recommends the following: 1. That a refund of taxes amounting to $95.08 for the year 1992 and $95.46 for the year 1993 be made to Ms. Pamela Kennedy; 2. That a refund of taxes amounting to $57.05 for the year 1992 and $57,28 for the year 1993 be made to Stamford Kiwanis Non-Profit Homes Inc.; 3. That a refund of taxes amounting to $76.35 for the year 1993 for property at 5099 Kitchener Street be made to Stamford Kiwanis Non-Profit Homes Inc. ORDERED on the motion of Alderman Jan vary, seconded by Alderman Pietrengelo, that the report be received and adopted. Carded Unanimously. ..5 -5- CD-95.f9 - Chief Administrative Officer - Re: Licensing of Tattoo Parlours. The report recommends that this report be received and filed for information. ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that the report be received and adopted; and further that the Provincial government be requested to put in permissive legislation to licence tattoo parlours and that a response from the Health Department be provided. Carried Unanimously. CD-95-20 - Chief Administrative Officer - Re: Revision of Fees for Services Provided by the Municipality. The report recommends the following: 1. That Council approve the By-law appearing on tonighrs agenda for the increase in fees for services supplied by Municipal Departments; 2. That Council authorizes staff to proceed with the production of a revised "Schedule of Fees Booklet" for publication and release to the public as allowed under the Freedom of Information and Protection of Personal Privacy Act. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. See By-law No. 95-95 CD-95-21 - Chief Administrative Officer - Re: Bingo Licensing Policy for Regional -Organizations. The report recommends the following: 1. That effective July 1, 1995, the practice of organizations conducting bingo in more than one municipality be discontinued in the City of Niagara Falls; 2. That organizations conducting bingos in two municipalities are required to conduct events in their home base municipality; 3. That Regional organizations conducting bingo in this municipality comply with the new municipal policy; 4. That Regional organizations on the municipal bingo waiting lls be advised of the new policy. Mr. John Veenaman, Chairman, Niagara Youth Orchestra advised that the organization had received insufficient notice regarding the cancellantion of their bingo licence and requested that consideration be given to defer the matter in order that the organizations have an opportunity to review the report. Ms. Sharon Lefebvre, C.A.R.S.A. indicated she was in favour of having an opportunity to discuss the issue further and advised if funding was lost, that services would also be IosL Following further discussion, it was ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that the matter be deferred for three weeks in order that the issue can be discussed with staff in conjunction with the organizations; and further, that Alderman Wayne Campbell act as Chairman of the committee with Alderman Selina Volpatti and Mayor Thomson to also sit on the committee. The motion Carded with Alderman Craitor, Cummings and Susin abstaining from the vote on conflicts d interest previously noted and with all others voting in favour. ...6 -6- CD-95-22 - Chief Administrative Officer- Re: Municipal Bingo Calendar - Reduction of Saturday Late Night Time Slot. The report recommends the following: 1. That the bingo calendar be amended to allow for the reduction of the Saturday late night time slot to 1 event per evening from the current 2 events; 2. That the late night time slots will be shared between the existing licensees in proportion to the number of licences each organization currently holds; 3. That the reduction in the event calendar be for a six-month trial period. The review will be conducted during the 5th month of the trial period; 4. That during the trial period, there will be no transferring of ~cences or ficensees from one commercial hall to another. - AND - Communication No. f29 - Monte Carlo Bingo - Re: Alternating Saturday night time slot from the current two events to one. The communication expresses concerns regarding loss of revenue and requests postponement of the matter to a later date. Mr. Carl Gunn, Optimist Club expressed concerns regarding the loss of revenue to the organization in the event of a reduction in the calendar evenL Mr. Fernando Pingue, Roman Court Bingo referred to a meeting of all the charities and bingo representatives who were in attendance to discuss late night bingo events; provided information regarding late night time slots and suggested that the recommendations in the report be adopted. Mr. Joe Herper, Monte Carlo Bingo, expressed concerns regarding the loss of revenue if the current two events are reduced to one event and indicated that an increase in attendance would not offset the losses. The Lottery Licence Inspector advised that there have been insufficient profits to warrant two events per evening; and provided clarification regarding the necessity of a six month trial period. Following further discussions, it was ORDERED on the motion of Alderman Ward, seconded by Alderman Pietrangelo, that the report be received and adopted subject to an update report in three months' time. Carried Unanimously. L-95-37 - Chief Administrative Officer- Re: Sign Appfication; Nick & Angelo's Eatery and Bar; 7600 Lundy's Lane. The report recommends that Council approve the application for a wail sign having a combined area of 256 square feet for Nick & Angelo's Eatery and Bar on the north side of the building at 7600 Lundy's Lane. ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings~ that the report be received and adopted. CanYed Unanimously. .... RA TIFICA TION OF COMMITTEE-OF- THE-WHOLE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the actions taken on the following matters by Committee of the Whole, earlier this evening be approved: 1. That Council authorize the cancellation of the City's current tree planting contract; 2. That Council authorize the extension of the contract position of Mr, Jim Diodati for one week. ...7 The motion Carried with Alderman Creitor abstaining from the vote on a conflict of interest on the tree planting contract because his employer is involved and with all others voting in favour. B Y-LA WS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 95'95 A by-law to establish fees, rates and charges regarding ~cences, certificates, pubfications and other services for the City of Niagara Falls. 95-96 A by-law to amend By-law No. 395,1966 of the former Township of Willoughby, now in the City of Niagara Falls, as amended, and By-law No. 79-200, as amended. (AM-24/91, John LaPanna) 95-97 A by-law to authorize monies for General Purposes (May 01, 1995). The motion Carried with Aldermen Campbell, Craitor, Cummings, Hendershot, Janvary, Pietrangelo, Susin and Ward abstaining from the vote on By-law No. 95-97 on conflicts of interest previously noted'and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the following by-laws be now read a second and third time: 95'95 A by-law to estab~sh fees, rates and charges regarding ficences, certificates, pubficafions and other services for the City of Niagara Falls. 95'96 A by-law to amend By-law No. 395,1966 of the former Township of Willoughby, now in the City of Niagara Falls, as amended, and By-law No. 79-200, as amended. (AM-24/91, John LaPanna) 95-97 A by-law to authorize monies for General Purposes (May 01, 1995). The motion Carried with Aldermen Campbell, Craitor, Cummings, Hendershot, Janvary, Pietrangelo, Susin and Ward abstaining from the vote on By-law No. 95-97 on conflicts of interest previously noted and with all others voting in fayour. NEW BUSINESS Letters of Condolence ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that a letter of condolence be forwarded to the family of Mrs. Laura Carroll on the recent loss of her mother, Mrs. Mary E. Brown, a well-respected citizen of the community, Carried UnanimousIv. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that a letter of condolence be forwarded to the family of Samuel Mingle on the recent loss of his son-in-law, Martin Owen Davies, a well-respected citizen of his community. Carried Unanimo~slv. Debris ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that a letter be forwarded to the individuals responsible regarding debris on the incline of the Minolta Tower and debris at the northend CN tracks. Carried Unanimously. ...8 -8- Strategic Plannin~l Report Alderman Selina Volpatti requested the status on the Strategic Planning Report and was advised by the Director of Community Services that the matter was being looked into. CanadaDay Alderman Gary Hendershot provided information on the Canada Day activities; advised the theme was "Canada Remembers 50 Years of Peace" and the celebration of the 30th Anniversary of the Canadian Flag. He referred to the contributors who have donated towards obtaining 10,000 flags for the City of Niagara Falls and stated it was the intent that there would be a Canadian flag for everyone on Canada Day. Road Conditions Alderman Wayne Campbell referred to the road conditions at the Royal Manor Subdivision as a result of increased traffic from Lundy's Lane and inquired whether the Region can be held responsible for the repairs of the roadways. The Manager of Engineering Services advised that the Region had been put on Notice regarding road conditions; that repair projects had been placed in the Capital budget and that reconstruction should proceed next year. Alderman Fermino Susin referred to similar road conditions on rural roads and Lyons Creek Road and the Queen Elizabeth Way due to heavy truck traffic and was informed by the Manager of Engineering Services that the matter would be looked into. Teddy Bears to Oklahoma City His Worship Mayor Thomson referred to the Valley Way Day Care Centre who had sent teddy bears to the children in Oklahoma City after the tragic bombing of a federal building. ORDERED on the motion of Alderman Volpafti, seconded byAIderman Ward, that the meeting be adjoumed. C~rried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON COMMITFEE OF THE WHOLE Committee Room #2 May 8, 1995 Council met on Monday, May 8, 1995 at 6:55 p.m. in Committee of the Whole. All members of Council, were present. Alderman Gary Hendershot presided as Chairman. Following consideration of the items presented, the Committee of the Whole reported in open session. READ AND ADOPTED, MAYOR WAYNE THOMSON PLANNING MEETING Council Chambers May 8, 1995 Council met on Monday, May 8, 1995 at 7:30 p.m. for the purpose of considering Planning Matters and Regular Business. All members of Council, were present. Alderman Paisley Janvary offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTEREST Alderman Kim Craitor indicated a pecuniary interest on Report F-95-17, Cheque No. 211804, because the recipient is his spouse's employer. Alderman Wayne Campbell and Alderman Gary Hendershot indicated pecuniary interests on Report L-95-38 and By-law 95-103, because members of their families are employed by the establishment. Mayor Wayne Thomson indicated a pecuniary interest on Report L-95-38 and By-law 95-103, because his spouse operates a business at the establishmenL · Alderman Victor Pietrangelo indicated a pecuniary interest on Report F-95-17, Cheque No. 211844, because the recipient is his employer. Alderman Fermino Susin indicated a pecuniary interest on By-law 95-100, because his sons are volunteer firefighters; and indicated a pecuniary interest on Report PD-95-67, because he worked for the company. Alderman Bruce Ward indicated a pecuniary interest on Report F-95-17, Cheque No. 21f759 because he has a business interesL ii -2- PLANMNG MATTERS PD-95-65 - Chief Administrative Officer- Re: Proposed Plan of Subdivision 26T-940f3, Zoning By-law Amendment Application; AM-1/95, Balmoral Court (Plan 2), West side of Valley Way through to Harper Drive; 984307 Ontario Limited, c/o Sam Cardamone. The report recommends the following: 1. That the Balmoral Court (Plan 2) plan of subdivision be approved subject to the conditions attached in Appendix 1; 2. That Council approve the requested zoning amendment to provide the necessary land use regulations to guide the development of the lots; 3. That a copy of this report be sent to the Region as the City's comments on the subdivision; 4. That staff be directed to explore the feasibility of further subdividing the remnant City owned lands in order to complete the development of the Balmoral neighbourhood. - AND - Communication No. f29 - Mr. Rob Douglas, 5226 Timothy Crescent. The communication expresses concerns regarding the lack of green space and the need for a park in the area. Communication No. f30 - Ministry of Natural Resources. The communication advises as having no objections to the application. His Worship Mayor Wayne Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Deputy City Clerk advised that the Notice of the Public Meeting had been given by Prepaid First Class mail to all owners assessed as to land within 120 metres on April 13, 1995. His Worship Mayor Thomson received indication that the applicant Mr. Sam Cardamone was in attendance and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development referred to the subject property with the assistance of posted sketches and reviewed the information contained in Technical Report PD-95-58; Nature of the Amendment; Official Plan; Subdivision Design; Nature of Zoning Change; and the Public Notification Process. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of, and a positive response to persons opposed to the application. Mr. Joe Montgomery, 6432 Balmoral Avenue, expressed concerns regarding the 'Whiffling down" of the area by various projects and the constant processing of zoning by- laws over the years. Mr. Montgomery inquired about the 5% parkland dedication and the proposed pumping station; and also he indicated that the turn around would further decrease the park area. The Director of Municipal Works advised that the subdivision would be serviced through an existing sewer located on Valley Way and this would negate the need for a pumping station. -3- The Director of Planning and Development advised that lands would be dedicated for park/and purposes and that any shortfalls would be made up by cash-in-lieu. Ms. Anna Douglas, 5226 Timothy Crescent expressed concerns regarding increased traffic in the area and inquired whether there were any plans to develop the section of roadway between Drummond Road and Valley Way. The Director of Municipal Works advised that there were no immediate plans to reconstruct Valleyway. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-1/95 closed. ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the communications be received and filed. Carried Unanimously_. PD-95-73 - Chief Administrative Officer - Re: Zoning By-law Amendment Application AM-ff/95; Susan Baiano; West side of Brookfield Road; South of Netherby Road. The report recommends that Council approve the proposed application to permit a single detached dwelling to be erected on each of parts I and 2 of the subject lands, each having a lot area less than that required by Zoning By-law No. 70-69. - AND - Communication No. 13f - Ministry of Natural Resources. The communication advises as having no objection to the application. His Worship Mayor Wayne Thomson declared the Pubtic Meeting open and read the procedure to be followed under the Planning AcL The Deputy City Clerk advised that the Notice of the Public Meeting had been given by Prepaid First C/ass mail to all owners assessed as to land within 120 metres on April 17, 1995. His Worship Mayor Thomson received indication that the applicant, Susan Baiano, was in attendance and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development referred to the subject property with the assistance of posted sketches and reviewed the information contained in Technical Report PD-95-71; Nature of the Amendment; Background; Official Plan; Regional Policy Plan; Impact; and the Public Notification Process. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of,, or opposed to the application. Sit~ce no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-11/95 closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the. report be received and adopted, Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the communications be received and filed. Carried Unanimously. -4- PD-95-75- Chief Administrative Officer- Re: Proposed Official Plan Amendment; AM- f0/95; South of McLeod Road between Pin Oak Drive and Kalar Road; Mississauga Food Processors Limited; Pietro Muraca and Ferdinando Muraca. The report recommends the following: 1. That this report be received and filed for information purposes; 2. That the proponents of the proposed Official Plan amendment be directed to address the issues identified in this report and those raised at this Preliminary Public Meeting in consultation with city staff, concomer agencies and neighbouring property owners and businesses; 3. That a formal Pubtic Meeting be scheduled once the related issues are addressed and a complete application is submitted by the proponents. - AND - Communication No. f32 - Martin, Sheppard, Fraser, Soficitors. advises as being in opposition to the proposed appfication. The communication Communication No. f33 - Regional Niagara, Servicing Review and Approvals Department. The communication advises as having no objections to the amendment. Communication No. f34 - Arcturas Environmental. The communication advises strong objections to the proposal. Communication No. f35 - Regional Niagara, Planning and Development DepartmenL The communication provides preliminary comments and advises that the relationship between the proposed residential development to surrounding and existing land uses be considered. The Deputy City Clerk advised that the preliminary meeting was being held in order to identify issues and concerns related to the requested land use by concerned neighbouring property owners and agencies. His Worship Mayor Thomson received indication that Mr. George Cotroneo, applicant and Mr. Martin Heikoop, Upper Canada Consultants were in attendance. There was a positive response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, regarding the application. Mr. Martin HeikOop, Upper Canada Consultants, advised of concurring with the report and requested support of the recommendations. Mr. Kurt and Ellen Lehmann, 7640 Kalar Road, expressed opposition to the proposed development and referred to an easement on the property regarding connections to sanitary sewers to drain the septic tank and which may be in conflict with the. proposal. Mr. George Cotroneo advised the proposal would be an improvement and a benefit to the malls and to the City. Following some discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and filed. Carried . Unanimously. .. ORDERED on the motion of Alderman Craitor, seconded by Alderman Ward, that the communications be received and filed. Carried Unanimously. PD.95-89 - Chief Administrative Officer- Re: SIte Plan Approval; SPC-21/94; Falls Masonry Ltd., 5088 Drummond Road. The report recommends the following: -5- 1. That Council approve the site plan control by-law on tonighrs agenda; 2. That Counc~ approve the site plan for a proposed 35-unit townhouse conditional that building permits not be issued until the Ministry of Environment & Energy and/or Director of Municipal Works are satisfied regarding the storm water drainage system. Mr. Anthony Aurora and Mrs. Rose Aurora, 6115 Stephens Street, expressed concerns regarding the 25 foot setback and the parking spaces near their backyard. The Director of Planning and Development responded that the Ontario Municipal Board had approved the development subject to Council formally adopting the site p/an. The Director of Municipal Works indicated that on-site storm sewer management and grading would occur in 1996 in the construction of a main storm sewer on Drummond Road. Mr. Brodertck, Solicitor referred to the approval of the development by the Ontario Municipal Board and the 25 foot minimum setback that had been ordered by the Board. He advised that the issue of the two parking spaces had not been addressed; and requested that Council approve the recommendation as proposed. Annette Cunningham indicated she was in support of Mr. Aurora's concerns. Following some discussion, it was ORDERED on the motion of Alderman Puttick, seconded by AIderman Volpatti, that the report be received and adopted. The motion was Defeated with the following vote: AYE: Aldermen Campbell, Fisher, Hendershot, Puttick, Volpatti and Ward. NAYE: Aldermen Craitor, Cummings, Janvary, Pietrangelo, Susin, Orr and Thomson. Mayor Following further discussion, it was ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the site plan be supported subject to the 25 foot setback along the southerly property line being maintained throughout the project and that no parking be allowed to encroach into the 25 foot setback. The motion Carried with the following vote: AYE: Aldermen Craitor, Cummings, Fisher, Pietrangelo, Orr, Susin and Mayor Thomson. NA YE: Aldermen Campbell, Hendershot, Janvary, Puttick, Volpatti and Ward. See By-law No. 95-101 PD-95-74 - Chief Administrative Officer - Re: Site Plan Approval; 3516 Main Street (Chippaws); Proposed 25 unit townhouse development. The report recommends that Counc~ approve the site plan for a proposed 25 unit townhouse development located at 3516 Main Street (Chippaws). ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher, that the report be received and adopted. Carried UnanimousIv. PD-95-67 - Chief Administrative Officer - Re: Proposed Plan of Subdivision; File No. 26T-95006 Orchard Grove Estates; 800460 Ontario Limited (E. Henry). The report recommends that the Planning Department be authorized to process the application for the Orchard Grove Estates Plan of Subdivision, and that a subsequent report be prepared for Councirs consideration based on the information received from various agencies, City departments and the public. - AND - Communication No. f38 - Hodgson Steel Inc. The communication refers to the Orchard Park Development Proposal and expresses concerns regarding issues that relate to the compatibility of having residential properties build in close proximity to heavy industry. -6- His Worship Mayor Thomson received indication that Ms. Sandra van Grieken, Controller, Hodgson Steel Inc. was in attendance and wished to address Council. Ms. van Grieken addressed the issue of noise, dust and heavy traffic that was generated by the heavy industry company and suggested that consideration be given to the potential home buyers who would be making significant investments and of their right to enjoy their homes; she stated that problems adherent with allowing residential development directly adjacent to heavy industry would diminish both and requested that Council reconsider the developmenL Ms. Nancy Meyer indicated she was not in support of the development due to dust and noise from Hodgson Steel Inc. Mr. Eric Henry responded to concems expressed regarding the proposal and advised that a great deal of time and money had gone into the development of the property and that no objections had been raised; he indicated that a noise attenuation study would be undertaken and requested Council approve the proposal ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, that the report be received and adopted. The motion Carried with Alderman Susin abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. REGULAR COUNCIL MATTERS ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that the Minutes of the Regular Meeting of May 1, f995 be adopted. Carried Unanimously. DEPUTATIONS Sylvia Race Market Mr. G. VanDerLoos provided clarification regarding his conduct at the Sylvia Place and Park Street MarkeL Mrs. Bea Punch, Market Clerk discussed Mr. VanDerLoos' conduct at Sylvia Place Market and the circumstances leading to his suspension. The City Solicitor advised that Council had previously passed a By-law respecting shouting at the market; -indicated the market was for the enjoyment of the public and that Mr. VanDerLoos' conduct had been disruptive to the public and other vendors at the markeL Mr. David Stele, Presiden~ Market Association and Mr. Paul Bongers indicated that complaints had been received from other vendors regarding Mr. VanDerLoos's attitude and disruptive behaviour at the market. Following some discussion, it was ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that Mr. VanDerLoos be placed on two months' probation and that he be advised of the rules and regulations and that he sign an agreement stating he understands those rules and regulations. The motion Carried with Alderman Hendershot voting contrary to the motion and with all others voting in favour. COMMUNICATIONS Communication No. 137 - Niagara Falls Board of Museums - Re: Street Banner. The communication requests City approach Regional Council for permission to hang a banner from May to October, across Ferry Street at the Museum's location. ORDERED on the motion of Alderman. Ward, seconded by Alderman Fisher, that permission be granted. Carried Unanimously. - 7- Communication No. 138 - Mr. Rick Fletcher, 7459 Petrullo Court - Re: Lack of sidewalks. The communication requests Council consider installing a sidewalk on the west side of Montrose Road from south of the Hydro right-of-way to the intersection of McLeod and Montrose Rd. ORDERED on the motion of Alderman Ward, seconded by Alderman Susin, that the matter be referred to staff. Carried Unanimously. Communication No. 139 - Pitch-In Canada - Re: Participation in Pitch-In Ontario Week. The communication provides a letter and certificate of appreciation to Mayor Thomson and members of Council for their financial support to Pitch-In Ontario's Pitch-In Week. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the communication be received and filed for the Information of Council. Carried Unanimously. Communication No. f40 - Mrs. Robin Argenta, Co-Chairman, Parent Advisory Counc~ of King George V School - Re: Indoor Pool. The communication requests Council consideration and support to the development of an indoor pool in Chippaws. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the matter be referred to staff. Carried Unanimously. Communication No. f41 -. Info Tech Niagara - Re: Niagara Peninsula Free-Net. The communication requests permission to work in partnership with Council and staff in establishing the City's presence on the Niagara Peninsula Free-Net. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the matter be referred to staff. Carried Unanimously. Communication No. f42 - Child Find Ontario - Re: Proclamation. The communication requests Council proclaim the month of May as "Child Find Green Ribbon of Hope Month" and further that May 25, 1995 be recognized as "National Missing Children's Day". ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the request be supported subject to established policy. Carried Unanimously. REPORTS MW-95-81 - Chief Administrative Officer - Re: 1995 Capital Budget; Construction of Municipal Parking Lot #f8; Kitchener Street/Roberts Street/Second Avenue. The report recommends that the By-law for the construction of Municipal Parking Lot 18, which fronts both Kitchener Street and Roberts Street between Second Avenue and Victoria Avenue be given three readings and be passed. ORDERED on the motion of Alderman Ward, seconded by Alderman Volpatti, that the report be received and adopted; and further that the possibility of utilizing the pay and display equipment from the Niagara Falls Memorial Arena be investigated. The motion Carried with Alderman Orr voting contrary to the motion and with all others voting in favour. See By-law No. 95-98 MW-95-82 - Chief Administrative Officer - Re: Tender No. 3-95; Tires, Tubes & Repair Service. The report recommends that the low bidder, Damors Tire Service, Niagara Falls, be awarded the tender for tires, tubes and repair service for the tendered price of $35,217.70. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. MW-95.93 - Chief Administrative Officer- Re: Tender NP-02-95; For Supply of Ready Mix Concrete. The report recommends that the Supply of Ready Mix Concrete be awarded as outlined on the attached summary sheet. ORDERED on the motion of Alderman Puttick, seconded by Alderman, Janvary, that the. report be received and adopted. Carried Unanimously. MW-95-84 - Chtef Adminlstratlve Officer - Re: Tender NP-01-95; Supply of Bituminous Patching Materials and Asphalt Emulsions. The report recommends that the Tender for the Supply of Materials as fisted below, be awarded as outlined on the attached Summary SheeL -8- ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. MW-95-85 - Chief Administrative Officer- Re: Equipment Rental Tender #6-95. The report recommends that prices submitted by the various contractors for a variety of equipment be accepted as required. ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the report be received and adopted. Carried UnanimousIv. MW-95-88 - Chief Administrative Officer- Re: Tender #15-95; Tender for the Supply and installation of pay and Display Machines and Accessorfes. The report recommends that the low bidder, Metric Systems Canada Inc. be accepted and that the by-law appearing on tonighrs agenda, be passed awarding this tender. ORDERED on the motion of Alderman Craitor seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. See By-law No. 95-99 MW-95-95 - Chief Administrative Officer - Re: Contract 92-02, 1995 Sidewalk & Concrete Repair Program. The report recommends that the unit prices submitted by the low tenderer, A. Poulin Curb Construction Ltd., be accepted for the above contract and the authorizing by-law be passed. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings, that the report be deferred for one week for further discussion. Carried UnanimousIv. RATIRCATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Henderehot, seconded by Alderman Cummings, that the actions taken on the following matters by Community Services Committee, earlier this evening be approved: 1. Adoption of the Minutes of April 24, 1995 Community Services Committee as amended; Report R-95-30 - John N. Allan Park Master Plan - that the Committee approve the John N. Allan Park Master; that Council authorize staff to: prepare appropriate tender documentation for the development; continue to work with the Max Bridge Flying Club in finding a new location and that the Club use the existing facilities until the new pad is completed in the Crowland area (in approximately one month's time); and that the City enter into an Agreement with the Model Flying Club for the use of City land - Alderman Janvary opposed; Report 95-31 - Walkway Closure - Lalemont Road (Mount Forest Park) - that the walkway on Lalemont Road not be closed; R-95-29 - Municipal Alcohol Risk Management Policy- that the "draft" Municipal Alcohol Risk Management Policy be received and filed for information; and that further input be obtained from recreation facility user groups at a Community Meeting; MW-95-86 - City Float - Various Parades - that staff be authorized to enter the City Float at nine (9) listed in Report MW-95-86 Parades for a total expenditure of $3,145.00; MW-95-87 - Status of 1994 Tree Planting Program - Contract 94-10 - that the Contract with Outdoor Management for the 1994 Tree Planting Program be terminated immediately and that the City complete remaining plantings; MW-95-90 - Winter Maintenance Expenditure Update - that $70,000 from the Current Winter Maintenance Account be rea~ocated to: $50,000 to Culvert Appraisals Program and $20,000 to City Easement Renewal Project; -9- MW-95-91 - Quotation for Sale of Garbage Packers - that the Tender for the sale of seven garbage packers including some parts and accessories be awarded to the high bidder, Bronte Equipment, Oakville, for the sum of $243,850; and five garbage packers be awarded to the high bidder, Shu-Pak refuse Equipment Inc. Woodstock, for the sum of $260,000 - Alderman err opposed; 9. MW-95-92 - Quotation for the Underslung Snowplows - that the quotation for snow plows be awarded to Champion Road machinery Sales Ltd. for $32,531.40; 10. MW-95-93 - New Equipment Purchases - that tenders for New Equipment Purchases ' be awarded to the various firms as outlined in Report MW-95-93 - Alderman err and Alderman Puttick - opposed; The motion Carried with Alderman Janvary voting contrary to Report R-95-30; Alderman Orr voting contrary to Report MW-95-91 and Aldermen err and Puttick voting contrary to Report MW-95-93 and with all others voting in favour. R-95-32 - Chief Administrative Officer- Re: Emergency Lighting Upgrade; Niagara Falls Memorial Arena; Tender 9-95. The report recommends that Falls Electric be awarded Tender No. 9-95 for the work to be completed to upgrade the Emergency Lighting System at Niagara Falls Memorial Arena at a total cost of $20,631.01 (including all applicable taxes). ORDERED on the motion of Alderman Susin, seconded by Alderman Campbell, that the report be received and adopted. Carried UnanimousIv. R-95-33 - Chairperson, Environmental Planning & Greening Committee - Re: Action Stemming from the Environmental Planning & Greening Committee Meeting of April f9, f995. The report recommends that Council endorse an Environmental Clean Up Program for naturalized areas. ORDERED on the motion of Alderman Janvary, seconded by Alderman Susin, that the report be received and adopted. Carried UnanimousIv. F-95-16- Chief Administrative Officer-Re: Borrowing By-law. The report recommends that the Finance Committee approve the borrowing of $23,000,000.00 for current expenditures for the year 1995. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. See By-law No. 95-104 F-95-f7 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $393,335.20 for the period ending May 8, 1995, be appreved by the passing of the by-law appearing later on the agenda. Further information was requested on Cheque Nos. 211844 and 211854. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted. The motion Carded with Aldermen Craitor, Pietrangelo, and Ward abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. ,See By-law No. 95-105 L-95-13 - Chief Administrative Officer- Re: City Easement Renewal Project. The report recommends that the company known as Title-Net Incorporated be retained to carry out the task of searching and identifying easements for the purpose of complying. with amendments' to certain Ontario Statutes with respect to Easements. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the report be received and adopted, Carried Unanimously, - 10 - L-95-38 - Chief Administrative Officer- Re: 656508 Ontario Limited, c.o.b. SkyIon Tower; Consent from City to Sub-lease Warren Avenue. The report recommends that Council authorize the Mayor and the Clerk to consent to the sublease of lands formerly known as Warren Avenue· His Worship Mayor Thomson resigned the Chair on a conflict of interest previously noted and Alderman Bruce Ward assumed the Chair. ORDERED on the motion of Alderman Volpafli, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried with Aldermen Campbell, Hendershot and Mayor Thomson abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. See By-law No. 95-103 His Worship Mayor Thomson resumed the Chair. RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings, that the actions taken on the following matter by Committee-of-the-Whole, earlier this evening, be approved: 1, That the contract for the Waste Management Administrator/Water Wastewater Utility Co- Ordinator position be extended for one (I) year; 2. That the staffing agreement regardin~t the waste collection be approved. The motion Carried with Alderman Puttick voting contrary to the motion on the Waste Management position and with a~ others voting in favour. BY-LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, 'that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 95,98 A by-law to authorize the construction of Municipal Parking Lot No. 18. 95-99 A by-law to authorize the execution of an agreement with Metric Systems Canada Inc. respecting pay and display machines and accessories. 95-100 A by-law to authorize the execution of an agreement with Shoalts Bins. Construction Ltd. respecting the construction of a new Fire Training Tower for the Niagara Falls Fire DepartmenL 95-101 A by-law to amend By-law 85-238, respecting the classes of development that may be undertaken in site plan control (AM-13/92, Costoo Dillolo) 95.102 · 95-103 95-t04 95,105 WITHDRAWN A by-law to authorize the execution of an agreement with 656508 Ontario Limited and 119785 Ontario Limited for the purpose of consenting to a sub!ease of land formerly known as Warren Avenue. (c.o.b. as SkyIon Tower) A by-law to authorize the borrowing of Twenty-Three Million Doffare for current expenditures for the year f995. A by-law to authorize monies for General Purposes (May 8, 1995) - 11 - The motion Carried with Alderman Orr voting contrary to By-law No. 95-g8; Alderman Susin abstaining from the vote on By-law No. 95-100 on a conflict of interest previously noted; Aldermen Campbell and Hendershot and Mayor Thomson abstaining from the vote on By- law No. 95-103 on a conflict of interest previously noted; Aldermen Campbell, Hendershot, Janvary, Puffick, Volpatti and Orr voting contrary to the motion on By-law No. 95-101; Aldermen Craitor; Pietrangelo and Ward abstaining from the vote on By-law No. 95-105 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Pietrengelo, seconded by Alderman Fisher, that the following by-laws be now read a second and third time: 95-98 A by-law to authorize the construction of Municipal Parking Lot No. 18. 95-99 A byqaw to authorize the execution of an agreement with Metric Systems Canada Inc. respecting pay and display machines and accessories. 95-t00 A by-law to authorize the execution of an agreement with Shoalts Bros. Construction Ltd. respecting the construction of a new Fire Training Tower for the Niagara Falls Fire Department. 95-101 A by-law to amend By-law 85-238, respecting the classes of development that may be undertaken in site plan control (AM-13/92, Cosmo Dillolo) 95-102 WITHDRAWN 95-103 A by-law to authorize the execution of an agreement with 656508 Ontario Limited and 119785 Ontario Limited for the purpose of consenting to a subtease of land formerly known as Warren Avenue. (c.o.b. as SkyIon Towed 95-f04 A by-law to authorize the borrowing of Twenty-Three Million Dollars for current expenditures for the year 1995. 95-105 A by-taw to authorize monies for General Purposes (May 8, 1995) The motion Carried with Alderman Orr voting contrary to By-law No. 95-98; Alderman Susin abstaining from the vote on By-law No. 95-100 on a conflict of interest previously noted; Aldermen Campbell and Hendershot and Mayor Thomson abstaining from the vote on By- law No. 95-103 on a conflict of interest previously noted; Aldermen Campbell, Hendershot, Janvary, Puttick, Volpatti and Orr voting contrary to the motion on By-law No. 95-101; Aldermen Craitor; Pietrangelo and Ward abstaining from the vote on By-law No, 95-105 on conflicts of interest previously noted and with aft others voting in favour. Canada Day NEW BUSINESS Alderman Gary Hendershot referred to correspondence received from the Ministry of Culture, ~7ourism and Recreation regarding a $2,000 sponsorship for Canada Day. Blossom Festival Alderman Pat Cummings provided information regarding the Niagara Falls Blossom Festival that was being held on Saturday, May 13, 1995 at 10 o'clock and invited everyone to attend,' he also stated that the "Tug of War" event would be held at the Rainbow Bridge' at 3 o'clock. r - 12 - Fundraiser Alderman Kim Craitor referred to his attendance at a fundraising event at Club Italia which raised funds of $17,000 for 5 year-old Marisa Giansante, who requires a donor for a bone marrow transplanL Debris and Odour at former Fiore's Scral3 Yard His Worship Mayor Thomson referred to correspondence received from North Pole Furs and Gifts Ltd. regarding the debris and odour from the former Fiore Salvage Company, owned by Ontario Hydro and requesting that the site be cleaned up. ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that a letter be forwarded to Chairman of Ontario Hydro and the Ministry of Environment requesting that the site be cleaned up. The motion Carried with Alderman Susin abstaining from the vote on a conflict of interest because he had performed test holes for the consultanL Process and Issuance of Contract Numbers His Worship Mayor Thomson referred to delays in the issuance of contract numbers after a tender had been called by the Ministry of the Environment and stated that approval seemed to be very lax in that regard. His Worship requested that a letter be forwarded to the Ministry of the Environment suggesting a quicker method of approval be devised and that consideration be given to the transfer of jurisdiction to the Region. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the Director of Municipal Works forward a letter to the Ministry of the Environment and appropriate individuals suggesting that a quicker method of approval in the issuance of contract numbers be devised and that consideration be given to transferring the jurisdiction to the Region. Carried UnanimousIv. Wayne's Hotline His Worship Mayor Thomson announced there would be a phone-in program on Wednesday, May 10, 1995 at 7:30 p.m. on Cable 10 with the three Provincial candidates, Margaret Harrington, Bart Maves and Margaret Germano in attendance to, discuss concems of the community. " ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, ~EPUTY CIT~ CLERK COMMITTEE OF THE WHOLE Committee Room #2 May 15, 1995 Council met on Monday, May 15, 1995 at 7:15 p.m. in Committee of the Whole. All members of Council, with the exception of Aldermen Craitor and Ward, who were away on business and Alderman Janvary, who was away due to illness, were present. His Worship Mayor Thomson presided as Chairman. Following consideration of the items presented, the Committee of the Whole reported in open session. READ AND ADOPTED, REGULAR MEETING Council Chambers May 15, 1995 Council met 0n Monday, May 15, 1995 at 7:30 p.m. for the purpose of considering Regular Business. All members of Council, with the exception of Aldermen Craitor and Ward, who were away on business and Alderman Janvary, who was away due to illness, were present. Alderman Fermino Susin offered the Opening Prayer. ADOPTION OF MINUTES Alderman Fermino Susin requested that the Minutes reflect that he abstained from the vote on Report PD-95-67 and on By-law No. 95-100, on a conflict of interest previously noted; and further requested that the Minutes reflect he had abstained from the vote on the issue of debris and odour at the former Fiore' Scrap Yard, on a conflict of interest because he had performed test holes for the consultant. Alderman Judy Orr requested that the Minutes reflect that she voted contrary to the motion on Report MW-95-81. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the Minutes of the Planning/Regular Meeting of May 8, 1995 be adopted as amended. Carried Unanimously. DISCLOSURES OF PECUNIARY INTEREST Aldermen Fisher and Pietrangelo indicated pecuniary interests on Report PD- ' 95-79 because their employer is involved, Alderman Susin indicated a pecuniary interest on Report L-95-40 and on By- law No. 95-106, because he owns property in the vicinity, -2- PRESENTATIONS His Worship Mayor Thomson congratulated and presented tokens of appreciation to Sam Larosa; Mr. William Fisher; and Mr. Kevin Dallman in recognition of their civilian actions in rescuing Mrs. Naomi Carter from her burning home on March 18, 1995. Chief Peter Corfield acknowledged Dispatcher, Susan Louvel for her active role in keeping Mrs. Carter calm during the incident. DEPUTATIONS Supervised Access Visitation Proelram Mrs. Dodie Vogt, Program Co-Ordinator, The Salvation Army, Correctional & Justice Sen/ices provided a bdef history of the Supervised Access Visitation Program; discussed the Program Development; Policies; Purpose and Procedures; Staffing; Referrals and Client Profile; and requested Council support for the program through a $2,000 start up fund. ORDERED on the motion of Alderman Campbell, seconded by Alderman Fisher, that the Agency be supported in principle. The motion Carried with Aldermen Puttick, Orr and Volpatti voting contrary to the motion and with all others voting in favour. R.E.S.P.E.C.T. Ms. Trish Pembleton, Vice President, Re-Claiming Essential Standards for Parents & Educators of Children & Teenagers (R.E.S.P.E.C.T.) provided information on current provincial legislation of the Child and Family Services Act; dealing with certain rights given to minors under the Act. Ms. Pembleton introduced Mr. Leslie Wall, who requested that consideration be given to making amendments to the Act. Following further discussion, it was ORDERED on the motion of Alderman ' Puttick, seconded by Alderman Cummings, that staff meet with representatives from R.E.S.P.E.C.T. and Regional Social Services to prepare a resolution requesting that changes be made to the Child and Family Services Act by addressing the problems created by certain rights given to minors under the Act and that suplSort of the resolution be sought by the Association of Municipalities of Ontario. Carried Unanimously. Home Occupations Diane and Kevin Ladouceur, Donna's Pet Padour expressed concerns regarding certain dog grooming establishments being used as home occupations a,nd the City's lack of enforcement of the by-laws respecting the type of equipment being used and additional personnel working at these establishments. The City Solicitor responded there were nine criteria in the City's by-law allowing home occupations and that the By-law Enforcement Officer upon investigating the complaints received had determined the establishments met the criteria for home occupations. Following some discussion, it was ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that a report be provided by staff regarding the specific allegations. Carried Unanimously. -3- Social Plannin¢l Council Ms. Eileen Tinio, Event Co-Ordinator, Social Planning Council provided information on Multi-Fest '95, an international food fair and cultural showcase to be held on September 23rd and September 24th, 1995; reviewed the objectives and activities of the showcase; discussed the target audience, revenue sources and the City's Role in the event. Ms. Tinio requested that the City proclaim September 23, and 24, 1995 as "Multi-Fest '95" in Niagara Falls; that Council approve the location selected being downtown Queen Street extending from Victoria Avenue to Erie Avenue; and that the City approve or waive the various permits and licenses required for such an event. His Worship Mayor Thomson thanked Ms. Tinio for her presentation. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings, that September 23 and 24, 1995 be proclaimed as Multi-Feet '95 in Niagara Falls; that the location selected being downtown Queen Street extending from Victoria Avenue to Erie Avenue be approved and further, that a report listing costs of all applications of street closures, licences and permits be provided. Carried Unanimously. UNFINISHED BUSINESS Report L-95-39 - Chief Administrative Officer - Re: Debris and Waste By-law. The report recommends that Council pass the by-law regulating the maintenance of lands in a clean and clear condition by requiring the owners, lessees, or occupants of the lands to ensure that the lands are kept in a clean condition with respect to the accumulation of debris or waste. His Worship Mayor Thomson received indication that Mr. Sam Kitson, and Mr. Gill Brady, were in attendance. Mr. Kitson advised that several local heavy construction contractors were opposed to the proposed by-law and referred to the issue of exempting contractors' yards from the proposed by-law or have a class re-zoning non-conforming properties that have been in operation for many years; requested the definition of what constitutes a "dump" and what constitutes a "storage compound"; and the need to have a zone specific waste by-law rather than an all encompassing by-law. Mr. Kitson thanked Council for the opportunity to express the concerns and requested Council consider implementing the suggestions into the by-law. Mr. Brady discussed restrictions placed on contractors' property; "inoperative vehicles" vs. "motor vehicles." ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that the reference to construction yards be deleted in the proposed debris and waste by-law; that the balance of the proposed by-law be referred to staff and further, that a committee be set up for further discussion, The motion Carried with Aldermen Orr and Pietrangelo voting contrary to the motion and with all others voting in favour. Following some discussion, it was ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that Alderman Victor Pietrangelo be appointed Committee Chairman and that Alderman Susin and Mayor Thomson sit on the committee. The motion Carried with Alderman Orr voting contrary to the motion. -4- COMMUNICATIONS Communication No. 143 - Mrs. E. Smidt, 5045 Valleyway - Re: Election Signs. The communication requests Council address the issue of the placement of election signs on public property. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the correspondence be received and filed and further that copies of the communication be forwarded to the candidates. The motion Carried with Alderman Volpatti Communication No. 144 - Mr. Alfred Rampado, Chairman, Mount Carmel Park Committee - Re: Tree Planting Day and Park Cleanup. The communication invites Council to attend a Tree Planting Day and Park Cleanup on May 28, 1995 at Mount Carreel Park and requesting Council to assist in purchasing of trees. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the request be supported. Carried Unanimously. Communication No. 145 - G.R.A.N.D. Society - Grandparents Requesting Access and Dignity - Re: Proclamation. The communication requests Council proclaim September 10, 1995 as "Grandparent's Day." ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the request be supported subject to established policy. Carried Unanimously. Communication No. 146 - Regional Niagara, Health Services Department - Re: Proclamation. The communication requests Council proclaim May, 31, 1995 as "World No-Tobacco Day" in Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the request be supported. Carried Unanimously. REPORTS PD-95-76 - Chief Administrative Officer - Re: AM-27/88 Zoning By-law Amendment Application; 8845 Lundy's Lane, Scott's Trailer Park. The report recommends that as directed by Council, amending by-laws which would permit a part of Scott's Campgrounds to be used and occupied by recreational trailers and other similar structures of permanent residential use have been prepared and are on the agenda for Council's consideration. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried with Alderfnan Volpatti voting ' contrary to the motion and with all others voting in favour. See By-law No. 95-108 See By-law No. 95-109 PD-95-77 - Chief Administrative Officer - Re: Housing Monitoring Report 1994. The report recommends that this report be adopted and distributed to the Ministry of Housing, Ministry of Municipal Affairs and Regional Niagara Planning Department and be made available to the public, various agencies and development community., ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously, PD-95-79 - Chief Administrative Officer - Re: Proposed Elementary School, Welland County Roman Catholic Separate School Board, Wilson Crescent, The report recommends that Council receive and file this report regarding the above subject development proposal. ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that the report be received and filed. The motion Carried with Aldermen Pietrangelo and Fisher abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. ~5- PD-95o80 - Chief Administrative Officer - Re: SWC-3/95 Application for Sidewalk Care, 5240 Victoria Avenue (Sport Beat Bar). The report recommends the following: 1. That Council approve the above subject application for a 612 sq. ft. sidewalk care at 5250 Victoria Avenue conditional upon: a) that the license and agreement be renewed on an annual basis; b) that the applicant obtain liability insurance in the amount of $2 million; c) that the applicant obtain all necessary building and sign permits. 2. That the Mayor and Clerk be authorized to execute the necessary agreement on behalf of the City. ORDERED on the motion of Alderman Campbell, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. R-95-36 - Chair, Arts & Culture Commission - Re: Request for Funding, Arts & Culture Commission. The report recommends the following: 1. That the Arts & Culture Commission's request for funding, in the amount of $3,000 from the Strategic Plan Reserve Account for the proposed Arts Council Review, be approved; 2. That Janice Wiggins be hired to undertake this review. · ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. R-95-38 - Chief Administrative Officer - Re: Purchase of Riding Lawn Mower, Parks & Cemeteries. The report recommends that Council approve the purchase of a Kubota, Model FZ2100 Riding Lawn Mower at a cost of $19,232.60 from Ben Berg Equipment. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the actions taken on the following matters by Community Services Committee, eadier this evening be approved: Adoption of the minutes of May 8, 1995 Community Services Committee; MW-95-71 - Municipal Works Department Building Division - Report for March, 1995 - that Report MW-95-71 be received and filed for information; MW-95-95 - Contract 95-02 - Sidewalk Repairs - that the unit prices submitted by the low tenderer, A. Poulin Curb construction Ltd., be accepted for Contract 95-02; and the authorizing by-law be passed; MW-95-98 - Property Lease for Municipal parking Lot (Ellen Avenue between Magdalen Street and Centre Street) - that the City of Niagara Falls lease Vacant Lots 77 and 78 (5740 Ellen Avenue), fronting Ellen Avenue (on the east side) between Magdalen Street and Centre Street for purposes of establishing a Municipal Parking Lot; and that the By-law appearing later on tonight's agenda be approved; -6- Correspondence from Mr. Dennis Beresh, Director of Public Health Inspection for Mr. Robin Willjams, Medical Officer of Health - that the correspondence from the Health Department concerning Cornposting Toilets be received and that a copy be sent to Ms. Jean Grandoni; MW-95-97 - Contract 95-138 - Construction of Municipal Parking Lot No, 18 - that the unit prices submitted by the low tenderer, Steed & Evans Limited be accepted and the by-law passed - Alderman Orr opposed; The motion Carried with Alderman Orr voting contrary to the motion on Report MW-95-97 and with all others voting in favour. MW-95-96 - Property Lease for Municipal Parking Lot - Ministry of Transportation (Ki/chener Street/Roberts Street/Second Avenue) ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the City of Niagara Falls lease noted vacant lots for the purpose of establishing a Municipal Parking Lot; that in the Agreement, Item 4 be amended to read that: "Upon termination of the Lease, the City would return the land to its original paved condition," and that the By-law appearing later on tonighrs agenda be approved and that a recorded vote be taken: The motion was Defeated with the following Tie Vote: AYE: Aldermen Cummings, Hendershot, Susin, Volpatti and Mayor Thomson NAYE: Aldermen Campbell, Fisher, Orr, Puttick, Pietrangelo Following some discussion, it was ORDERED on the motion of Alderman Hendershot, seconded by Alderman Susin, to delete the tender from the ratification of Report MW-95-97, Contract 95-138. The motion Carried with Alderman Orr voting contrary to Report MW-95-97 and with all others voting in favour. See By-law No. 95-115 F-95-18 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $5,744,858.77 for the period ending May 15, 1995, be approved by the passing of the by-law appearing later on the agenda. Further information was provided on Cheque Nos. M90876; 212069; M90878; 212042; M90872; 211937; 211964 and M90868. ORDERED on the motion of Alderman Cummings, seconded by Ala/erman Fisher, that the report be received and adopted. Carried Unanimously See By-law No. 95-113 CD-98-23 - Chief Administrative Officer - Re: Alteration of Council Schedule for June, 1995. The report recommends that Council pass the By-law appearing on this evening's agenda. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law No, 95-112 L-95-40 - Chief Administrative Officer - Re: Resale of Lots 49 and 50, Registered Plan No. 243; Falls Industrial Park, 6050 Don Murie Street. The report recommends that Council approve the resale of Lots 49 and 50 on registered Plan No. 243, presently owned by Stanley Industrial Place Inc. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, that the report be received and adopted. The motion Carried with Alderman Susin abstaining from the vote on a conflict of interest previously noted and with all others voting in fayour. ., See Bv-law No. 95-106 :) - 7- RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the actions taken on the following matters by Committee-of-the-Whole, earlier this evening be approved: That the City Solicitor be authorized to send a Letter of Indemnity to the owner of the Monte Carlo Bingo hall regarding participants gathering there at the commencement of the Canada Day Parade on July 1, 1995; 2. That Block 66 be sold to Grossi Homes for $6,000 upon receipt of a written letter of opinion of value for the land from the purchaser. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest on Item #1 and Alderman Susin voting contrary to the motion on Item #2 and with all others voting in favour. BY-LAWS ORDERED on the motio.n of Alderman Fisher, seconded by Alderman Hendershot, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 95-102 95-106 A by-law to authorize the execution of an agreement with A. Poulin Curb Construction Ltd. for the 1995 Sidewalk and Concrete Repair Program. A by-law to authorize the resale of land in the Falls Industrial park to Metro Toronto News Company Limited. 95-107 WITHDRAWN. 95-108 95-109 A by-law to amend By-law No. 76-102, as amended, being a by-law respecting the issue of licences. (AM-27/88, Scott's Trailer Park) A by-law to amend By-law No. 79-200, as amended. (AM-27/88, scotrs Trailer Park) 95-110 A by-law to authorize the execution of an agreement with Tony Novacic and Anna Novacic c.o.b. Sports Beat Bar and Grill. 95-111 WITHDRAWN. 95-112 95-113 95-114 A by-law to amend By-law No. 94-289, Council's Schedule of Meetings. A by-law to authorize monies for General Purposes (May 15, 1995). WITHDRAWN 95-115 A by-law to lease vacant lots for purposes of establishing a Municipal Parking Lot. The motion Carried with Alderman Susin abstaining from the vote on By-law No. 95- 106 on a conflict of interest previously recorded and Alderman Volpatti voting contrary to By-law No. 95-108 and 95-109 and with all others voting in favour. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the following by-laws be now read a second and third time; - 8- 95-102 A by-law to authorize the execution of an agreement with A. Poulin Curb Construction Ltd. for the 1995 Sidewalk and Concrete Repair Program. 95-106 A by-law to authorize the resale of land in the Falls Industrial park to Metro Toronto News Company Limited. 95-107 WITHDRAWN. 95-108 A by-law to amend By-law No. 76-102, as amended, being a by-law respecting the issue of licences. (AM-27188, Scott's Trailer Park) 95-109 A by-law to amend By-law No. 79-200, as amended. (AM-27/88, Scott's Trailer Park) 95-110 A by-law to authorize the execution of an agreement with Tony Novacic and Anna Novacic c.o.b. Sports Beat Bar and Grill. 95-111 WITHDRAWN, 95-112 A by-law to amend By-law No. 94-289, Council's Schedule of Meetings. 95-113 A by-law to authorize monies for General Purposes (May 15, 1995). 95-114 WITHDRAWN 95-115 A by-law to lease vacant lots for purposes of establishing a Municipal Parking Lot. The motion Carried with Alderman Susin abstaining from the vote on By-law No. 95-106 on a conflict of interest previously recorded and Alderman Volpatti voting contrary to the motion on By-law No. 95-108 and 95-109 and with all others voting in favour. NEW BUSINESS Blossom Festival Parade Alderman Pat Cummings thanked members of Council and Mayor Thomson for their participation in the Niagara Blossom Festival Parade held on May 13, 1995, and informed that the Niagara Regional Police had won the Tug of War event. He provided information with respect to the Miss Niagara Pageant event being held on May 27, 1995 dedicated to Ms. Loretta Rae with 17 former Miss Niagara participants being in attendance. Toll Gates on the Queen Elizabeth Way Alderman Shirley Fisher referred to the construction along the Q.E.W. and suggested that the Provincial government be requested to consider installing toll booths along the Q.E.W. with the revenue funds going directly to road repairs. ORDERED on the motion of Alderman Fisher, seconded by Alderman Puttick that the · Provincial government be requested to consider installing toll booths along the Q.E.W. with the revenue going directly to roadway expansion, improvements and repairs. The motion Carried with Aldermen Hendershot and Pietrangelo voting contrary to the motion and with all others voting in favour. '9- Letter of Condolence ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings, that a letter of condolence be forwarded to Sharon Fretz on the recent loss of her father. Carried Unanimously Recyclables Alderman Selina Volpatti discussed the issue of recycling and enquired whether the City had a by-law regarding the pick up of recyclables. She was informed by the City Solicitor that the City has a by-law stating recyclables are the property of the homeowner, but once the truck operator picks up the recyclabies at the curb, they become the property of the City and that third parties taking recyclables could be charged under the By-law and the Criminal Code. Multiple Sclerosis Golf Tournament Alderman Victor Pjetrangelo advised that the Multiple Sclerosis Golf Tournament was being held on Sunday, June 4, 1995. Trash Burning Alderman Gary Hendershot enquired whether trash burning was permitted in the City and was advised by Fire Chief Peter Coffield that trash burning was prohibited in the City. Track at Oakes Pa~;k Alderman Gary Hendershot enquired whether roller biading was permitted on the new track at Oakes Park and was advised by the Manager, Parks and Recreation that the only permitted uses were walking and jogging and that signs would be put up advising that no cycling or roller blading was permitted. Canada Day Alderman Hendershot advised that the Royal Canadian Legion, Branch 479 had donated $200.00 toward the Canada Day flags in celebration of the 50th AnniverSary of peace. Casino Alderman Norm Puttick referred to the issues of a permanent casino to be built in Windsor; a future casino to be built in Hull, Quebec in 1996 and the promotion of tourism in the areas. Stanley Avenue/South of Marineland Parkway Reconstruction Alderman Fermino Susin advised that the Region had accepted a tender for the reoonstruction of the road and that the work would be starting next week, His Worship Mayor Thomson advised that the Region had also accepted a tender for construction of Portage Road from Harvey to Mountain Road, :I - 10- Clean Up of Debris Alderman Norm Puttick advised that debris on the embankment near the Minolta Tower would be cleaned up on May 16, 1995. He further requested that "No Littering" signs be put up in the area. ORDERED on the motion of Alderman Puttick, seconded by Alderman Fisher, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON COMMITTEE OF THE WHOLE Committee Room #2 May 29, 1995 Council met on Monday, May 29, 1995 at 7:15 p.m. in Committee of the Whole. All members of Council, were present. Alderman Shirley Fisher resided as Chairman. Following consideration of the items presented, the Committee of the Whole did not dse to report. READAND ADOPTED, MAYOR WAYNE THOMSON REGULAR MEETING Council Chambers May 29, 1995 Council met on Monday, May 29, 1995 at 7:30 p.m. for the purpose of considering Regular BusinesS. All members of Council, were present. Alderman Judy Orr offered the Opening Prayer. \. ADOPTION OF MINUTES Alderman Ward referred to the Minutes of May 15, 1995 and indicated a pecuniary interest on Report L-95-40 and Report F-95-18, Cheque No. 211937, because he has a business interest. Alderman Craitor referred to the Minutes of May 15, 1995 and indicated a pecuniary interest on Report F-95-18, Cheque Nos. 211980 and 212070, because the recipient is his spouse's employer. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the Minutes of the Regular Meeting of May 15, 1995 be adopted. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Alderman Hendershot indicated a pecuniary interest on the Deputation matter dealing with C, U .P.E. Local 133 and Report MW-95-89, because his son-in-law was involved in the Union. Aldermen Campbell, Hendershot, Janvary and Pietrangelo indicated pecuniary interests on Report F-95-19, because Niagara South Board of Education is their employer, Alderman Ward indicated a pecuniary interest on Report F-95-20, Cheque No. 212135, because a member of his family owns the business; and indiGoted a pecuniary interest on Cheque No, 212279 because he has a business interest. -2- Alderman Craitor indicated a pecuniary interest on Report F-95-20, Cheque Nos. 212146; 212233 and 212375 because the recipient is his spouse's employer; and indicated a pecuniary interest on Cheque No. 212367, because he sits on the Board as a volunteer member. DEPUTATIONS Internal Connect Niagara Mr. Charles Baltjes-Chataway, Director of Economic Development introduced Mr. Steve Ellwood and Mr. John Peckham, Internet Connect Niagara, who provided a demonstration of the Home Page System which maintains a calendar of events; general information and a live view of the Falls through the FallsCam Camera to prospective tourists frorot around the world. Mr. Eliwood thanked the City of Niagara Fails for their participation in Internet Connect Niagara. His Worship Mayor Thomson thanked Messrs. Ellwood and Peckham for their presentation. Niaaara Falls Humane Society Ms. Margaret McGregor, V. P. of the Board of Directors of the Humane Society assured members of Council that the Humane Society was fulfilling their contract with the City and that air the animals were being well taken care of during the employees' walkout. During the discussion, a motion was made by Alderman Puttick, seconded by Alderman Orr, that funding to the Niagara Falls Humane Society be withdrawn until such time that a report, determining the status of services is provided to Council. The motion was ~with Aldermen Orr and Puttick voting in favour and with all others voting against. The City Solicitor advised that should funding be withdrawn, the City could be in a breach of contract situation. Following further discussion, it was ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that staff meet with representatives of the Humane Society to determine and be assured that services and the contract were being carried out. Carried Unanimously C.U.P.E. Local 133 and Landfill Operations -3- The Director of Community Services provided cost comparison analysis between City costs and J.C.J. Contracting for the period of June 1, 1995 to October 29, 2000; referred to the wage and benefit transition; the cost of supervision and the operational savings. Mrs. Barb Macdonald, President, C.U.P.E. Local 133, expressed concerns regarding Council's decision to contract out the service resulfing in job losses and the impact on the employees; she stated that these practices were neither fair nor ethical and requested Council give consideration to C.U.P.E.'s concerns. Following the discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received and filed and further that the landfill operations remain as they are, under the operations of the City; and that a recorded vote be taken. AYE: Aldermen Campbell, Craitor, Cummings, Fisher, Janvary, Orr, Puttick, Ward and Mayor Thomson NAYE: Aldermen Pietrangelo, Susin and Volpatfi Alderman Hendershot abstained from the vote on a conflict of interest previously noted. It was noted that staff prepare a report outlining the process that had been followed in bringing the recommendations to Council. Following the discussion, it was ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that staff be directed to call tenders for the lease of a crawlet-type front end loader; and that the Contract with Fernview Construction (for the leased loader) be extended from June 1, 1995 to July 7, 1995 to allow for tendering; award of contract on June 26th, and two (2) weeks for contractor to make arrangements. The motion Carried with Alderman Susin voting contrary to the motion and with all others voting in fayour. Niagara Falls Bridge Commission Proposed Pedestrian Walkway - AND - Communication No. 147 - Mr. Harry N. Oakes, President, HOCO Limited, Chairman, Clifton Hill B.I.A. The communication provides comments on the Rainbow Bridge Traffic Study. - AND - Communication No. 148 - Petition from business establishments in the immediate area of the Canadian side of the Rainbow Bridge. The petition expresses opposition to the proposed plan of a pedestrian walkway and two storey building on the Canadian side of the Rainbow Bridge. - AND - Report MW-95-89 - Chief Administrative Officer- Re: Landfill Operations. The report recommends the following: 1, That in recognition of the attached revised Cost Comparison Analysis (Appendix 'A', Revision No. 2), the Landfill Operations under Contract 95-26 be awarded to J.C.J. Contracting for the period June 1, 1995 to October 29, 2000, subject to verification of the equipment satisfying the specifications; That the City-owned compactor be sold by tender; That staff report back on staffing agreements with respect to any employees impacted by Contracting Out this Service. Mr. Allan Gandell, Niagara Falls Bridge Commission provided an overview of a pedestrian walkway and two-story building structure proposed by the Niagara Falls Bridge Commission on the Canadian side of the Rainbow Bddge through a conceptual architects design; referred to the expansion of Customs Inspection booths from 8 to 16 and a secondary inspection operation with specific services to be run for tour buses. He indicated that the Bridge Commission's intent was to provide the primary operations and the necessary signage to assist visitors in reaching their intended destinations. Mr. Doug Blrrell, V. P. Canadian Niagara Hotels, expressed concerns regarding the proposal and indicated the structure would be a visual, unattractive obstruction and requested that Council sGrutinize the proposal and that an environmental impact study be undertaken. -4- Discussions ensued regarding the possibility of a left-hand turn from the bridge, directing visitors into the City; the proposed structure; the development and the City's authority over such matters, ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the matter of the Rainbow Bridge Plaza be referred to staff for review of the development, the structure; a possible left-hand turn from the Bridge, and the degree of the City's control over these matters with a report back to Council, Carried Unanimously Kitchener Street Parking Lot Mr. Brian Sinclair, Solicitor, on behalf of the Victoria Avenue Business Association, suggested that the proposed parking lot proceed as it would facilitate the tourist operators in the area; and requested Council's consideration of the matter again. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that it be resolved that the Municipal Parking Lot #18 Kitchener St./Roberts St./Second Avenue, matter be reconsidered. The motion Carried with Alderman Orr voting contrary to the motion and with all others voting in fayour. - AND - Report MW-95-96 - Chief Administrative Officer - Re: Property Lease for Municipal Parking Lot; Ministry of Transportation; Kitcharier Street/Roberts Street/Second Avenue. The report recommends the following: That the City of Niagara Falls lease vacant lots 499,500,501,502,507,508,509, 510,511,512 and part lot 513 fronting Kitchener Street; Roberts St. (eastbound off Ramp); and Second Avenue, for the purposes of establishing a Municipal Parking Lot; 2. That the By-law appearing later on tonight's agenda be approved. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, to bring forward the recommendations in Report MW-95-96 regarding the lease of the property and that the recommendations be received and adopted with a recorded vote. The motion Carried Unanimously Mr. Steve Celestine, a resident in the area expressed concerns regarding the dust that would be generated if the parking lot was not paved; and requested that consideration be given to the installation of a type of fencing that would provide a sound barrier from the tour buses parking in the lot. He was assured tha! the matter would be given full consideration. - AND - Report MW-95-97 - Chief Administrative Officer - Re: Contract 95-138, Construction of Municipal Parking Lot #18; Kitcharier St. IRoberts St.,/Second Avenue. The report recommends that the unit prices submitted by the low tenderer, Steed & Evans Limited be accepted and the by-law be passed. ORDERED on the motion of Alderman Ward, seconded by Alderman Volpatti, that the report be received and adopted and further that staff investigate the possibility of paving all the land and that the addition of washroom facilities be looked into, with a recorded yore being taken. The motion Carried with the following vote: AYE: - Aldermen Craitor, Cummings, Fisher, Hendershot, Janvary, Pietrangelo, Puttick, Susin, Volpatti, Ward and Mayor Thomson, NAYE: Aldermen Campbell and Orr, .See By-law No. 95-111 See By-law No, 95-123 -5- It was moved by Alderman Ward, seconded by Alderman Craitor, that approval be granted to proceed past 11:00 p.m. The motion Carried with Aldermen err and Volpatti. voting contrary to the motion and with all others voting in favour. Supervised Visitation Access Project ORDERED on the motion of Alderman Janvary, seconded by Alderman Hendershot, that the correspondence from Mr. Gary R. Wilkins be received and filed. Carried Unanimously COMMUNICATIONS Communication No. 150 - The Arthritis Society, Niagara Region - Re: Proclamation. The communication requests Council proclaim the month of September, 1995 as "National Arthritis Month". ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the request be approved subject to established policy. Carried Unanimously. Communication No. 151 - The United Senior Citizens of Ontario - Re: Proclamation. The communication requests Council proclaim the month of September, 1995 as "Flu · Prevention Awareness Month". ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the request be approved subject to established policy. Carried Unanimously. Communication No.. 152 - The Town of Newmarket - Re: Division Registrar Duties, Downloading of Provincial Responsibility. The communication requests the Minister of Consumer and Commercial Relations compensate municipalities for Division Registrar duties. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the request be supported. Carried Unanimously. Communication No. 153 - The Town of Newmarket - Re: Gasoline Tax - Municipal Road Maintenance. The communication requests that the Province be requested to increase funding to municipalities for road maintenance and reconstruction to adequate levels using the funds from the Provincial gasoline sales tax. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the request be supported. Carried Unanimously. Communication No. 154 - Revenue Canada - Re: Potential Budget Reductions in Customs Border Services in Niagara Falls, Ontario. The communication advises that Revenue Canada and Customs, in particular, will be immune from budget reductions and that suffident student Customs Inspectors will be hired to maintain operational consistencies throughout the summer months. ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that the communication be received and filed for the information of Council and further that a letter of encouragement be forwarded from the Mayor's Office to Revenue Canada and Customs regarding the matter. Carried Unanimously, Communication No. 155 - Niagara Region Sexual Assault Centre (CARSA) - Re: Fundraising, The communication requests that Council consider the effects of passing the motion being proposed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the matter be referred to the Regional organization operating bingee in Niagara Falls. Carried Unanimously. ~ -6- Communication No. 156 ~ The Ritz Motel Limited - Re: Wall Sign, 5930 Victoria Avenue. The communication requests Council permission to re-locate an existing sign, measuring 300 square feet, which had received Council approval for a permit in 1992; and requesting use of sign as a ground sign, which would exceed the maximum square footage permitted. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the request be approved. Carried Unanimously. Communication No. 157 -Vann Outdoor Advertising- Re:Wall Sign. The communication requests Council permission to erect an 8' x 20' wail sign at 5743 Victoria Avenue. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the request be approved. Carried Unanimously. Communication No. 158 -V.J. Wilson, 8449 Niagara parkway - Re: Stoop and Scoop By-law. The communication requests a by-law to have dogs on leashes while being exercised on the Parkway above Chippawa. ORDERED on the motion of Alderman Ward, seconded by Alderman Fisher, that the matter be referred to staff and the Parks Commission. Carried Unanimously. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Janvary, that the actions taken on the following matters by Community Services Committee, earlier this evening be approved: Adoption of the Minutes of the May 15, 1995 Community Services Committee Meeting; Report MW-95-99 - Municipal Works - Building Division Report for April, 1995 - that Report MW-95-99 be received and filed for information; & Report MW-95-103 - Consultant selection 1995 Capital Works - that Report MW- 95103 be received and filed for information; Report MW-95-105 - Sylvia Place Market- that Report MW-95-105~ be received and filed for information; Report MW-95-106 - Niagara International Transportation Technology Coalition (NITTiC) - that authorization be granted to enter into a Memorandum of Understanding as a participant in the Niagara International Transportation Technology Coalition (NITTEC); . Report MW-95-108 - TransFocus 2021 - A strategic Transportation Plan for the Niagara/Lake Erie Area - that Report MW-95-108 be received and filed for information; that a Resolution be forwarded to the Ministry of Transportation concerning the Q.E.W. widening,to Niagara Falls and the establishment of Car Pool ' lots - See Resolution No. 46; Report MW-95-111 - Request for Reimbursement of Tipping Fees for Roofing · Materials for Mr. E. Krueger (1986 Stanley Avenue) - that Mr. Krueger be reimbursed $251 for Tipping Fees paid for roofing materials - Opposed: Aldermen Puttick, Volpatti, Ward and Cummings; Report MW-95-112 - New Equipment 'Purchases - that the Tender for one ( 1 ) self~ contained asphalt reclaimer be awarded to Amaco Construction Equipment totalling $34,629 - Opposed: Aldermen err and Craitor; - 7- Report MW-95-37 - Stoop & Scoop Program - that the Stoop & Scoop Program as outlined in Report MW-95-37 be approved; 10. Report R-9540 - Policies and Procedures for Natural Outdoor Skating Areas and Garden Plots - that the revised Policies and Procedures for Natural Outdoor Skating areas and for Garden Plots be approved; 11. Report R-95-41 - Summer Ice Schedule - that the Schedule for the Use of Summer Ice Hours at Stamford Memorial Arena be approved; 12. 1995 Road, Sewer and Watermain Construction Schedule - that the 1995 Road, Sewer and Watermain construction schedule be received and filed for information - Conflicts of Interest - Alderman Susin (Stanley, Alexander and Inglis Storm Sewer and Road Reconstruction because his mother resides in the area) The motion Carried with Aldermen Puttick, Volpatti, Ward and Cummings voting contrary to the motion on Report MW-95-111; Aldermen Craitor and err voting contrary to the motion on Report MW-95-112; and Alderman Susin abstaining from the vote on the 1995 Road, Sewer and Watermain Construction Schedule regarding Stanley, Alexander and Inglis Storm Sewer and R6ad Reconstruction because his mother resides in the area. R-95-42 - Chief Administrative Officer - Re: Stamford/Jack Bell Arenas - Electrical Upgrade. The report recommends that Council approve the by-law appearing on this evening's agenda authorizing an agreement with B.C.R. Electric for the work to be .completed as per Tender #17-95 for the Electrical upgrade at Stamford/Jack Bell Arenas. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. R-95-43 - Chief Administrative Officer ~ Re: Purchase and Installation of Dehumidification Units for Stamford, Jack Bell and Chippawa Willoughby Arenas. The report recommends that Council approve the by-law appearing later on this evening's agenda authorizing an agreement with Medcon Mechanical Ltd. of Niagara Fails for the purchase and installation of two (2) dehumidification units each for Stamford, Jack Bell and Chippawa Willoughby arenas, as per Tender #16-95. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. R-95-45 - Chairperson, Environmental Planning & Greening Committee ~ Re: Actions Stemming from the Environmental Planning &Greening Committee Meeting of May 17, 1995. The report recommends that Council endorse the action of the Environmental Planning & Groaning Committee meeting of May 17, 1995. ORDERED on the motion of Alderman Janvary, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously. PD-95- 82 - Chief Administrative Officer - Re: SWC-2195, Application for Sidewalk Cafe; 5785 Victoda Avenue (AntiDa Pizzerta). The report recommends the following: That Council approve the above subject application for a 380 sq, ft. sidewalk care at 5785 Victoria Avenue conditional upon: a) b) c) the license and agreement being renewed on an annual basis; that the applicant obtain liability insurance in the amount of $2 million; that the applicant obtain all necessary building and sign permits; 2. That the Mayor and Clerk be authorized to execute the necessary agreement on behalf of the City, ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. -8- PD-95-83 - Chief Administrative Officer - Re: Niagara River Remedial Action Plan; Stage 2 Report; The Clean-up Connection. The report recommends that Council endorse the goals and objectives of the Plan as well as the recommended remedial programs. Alderman Fermino Susin stated that the development of the Stage 2 plan had been a consensus building process hinged on the technical expertise of the Remedial Action Plan team, participation of the public advisory committee and numerous meetings, workshops and open houses. He acknowledged and congratulated Ms. Valerie Cromie, Community Liaison Coordinator; Professor lan Brindle, First Chair of the Public Advisory Committee; Mr. Mike Behunin, Co-Chair of the Public Advisory Committee; the late Ted Simonen, Past Chair of the Public Advisory Committee and Mr. Pat O'Hara, Current Chair of the Public Advisory Committee, who had represented the public's input. ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. F-95-19 - Chief Administrative Officer - Re: 1995 Tax Rates. The report recommends that the Council of the City of Niagara Falls receive this report for information purposes. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and filed for information. The motion Carried with Aldermen Campbell, Hendershot, Janvary and Pietrangelo abstaining from the vote on conflicts of interest previously noted and with all others voting in fayour. See By-law No. 95-120 See By-law No. 95-121 F-95-20 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $2,003,690.75 for the period ending May 29, 1995, be approved by the passing of the by-law appearing later on the agenda. Further information was provided on Cheque Nos 212195. The motion .C~rried with Alderman Orr voting contrary to Cheque No. 212393; Alderman Susin abstaining from the vote on a conflict of interest on Cheque No. 212375 because members of his family are firefighters; Aldermen Ward and Craitor abstaining from the vote on conflicts of interest previously noted and with all others voting in fayour. See ~y-law No. 95-125 RATIFICATION OF FINANCE COMMITTEE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the actions taken on the following matters by the Finance Committee, earlier this eveniDg be approved: 1. Adoption of the Minutes of April 24, 1995; 2. Report FC-95-08 ~ Financing of Owner's Share of Local Improvements - that -9- St. Catharines Jaycees - 60th Annual National Convention - that the request for sponsorship from the St. Catharines Jaycees for their 60th Annual National Convention be denied; Niagara Environmental Conservation Expo - that the request for sponsorship from the Niagara Environmental Conservation Expo be denied. Carried Unanimously. CD-95-24 - Chief Administrative Officer - Re: 1995 Association of Municipalities of Ontario Annual Conference. The report recommends that Council, by resolution, appoint 5 voting delegates to the A.M.O. Annual Conference. ORDERED on the motion of Alderman Janvary, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. It was requested that any resolutions for A.M.O. consideration be submitted prior to the conference. See Resolution No. 44 CD-95-25 - Chief Administrative Officer - Re: Special Occasion Permits: 1) Chippawa Volunteer Firefighters Association; 2) First Niagara Oldtimers Baseball Club; 3} Kelly's Clients/Russel Masterson Athletic Association. The report recommends that Council indicate it has no objection to the issuance of Special Occasion permits to the · organizations listed in this report. ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. L-95-42 - Chief Administrative Officer - Re: Stopping up and closing of Erie Avenue & Elizabeth Place lying between Queen Street and Morrison Street. The report recommends the following: That Council authorize staff to proceed with the closing of Erie Avenue and Elizabeth Place lying between Queen Street and Morrison Street. 2, That Council authorize staff to proceed with the transfer of easements for existing utilities over the streets proposed to be closed. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. RESOLUTIONS NO, 44 - CUMMINGS - FISHER - BE IT RESOLVED that Mayor Wayne Thomson, Alderman Wayne Campbell, Alderman Gary Hendershot, Alderman Norm Puttick and Alderman Selina Volpatti, be appointed as voting delegates to the 1995 Association of Municipalities of Ontario Conference, to be held on August 20 to August 23, 1995; AND The Seal of the Corporation be hereto affixed. financing of owner's share of local improvements be approved at a rate of 10. .Carried Unanimously. percent; 1995 Ontario Games for the Ph sicall disab e tha NO. 45 - HENDERSHOT - CUMMINGS - BE IT RESOLVED that the Council of the Ontario Games for the Ph sicall disabled b r f; q 995 Corporation of the City of Niagara Falls hereby reaffirms its objection to a ·proposed Commission' Y Y the Recreation hellport near the Minolta Tower by Pen Helicopters Ltd AND The Seal of the Corporation be hereto affixed. Y Y e de erre~ ttho~ re uest from the 1 . . . nternatlonal Air Cadet Exchange - that a donation toward the International Air Cadet Exchange be denied; ' - f0- NO. 46 -HENDERSHOT - JANVARY - WHEREAS traffic congestion problems exist today on the Q.E.W. during peak tourist seasons for traffic originating from the Hamilton/Toronto area; AND WHEREAS previous commitments/discussions indicated the Q.E.W. widening to Niagara Fails (i.e. Highway 405 to McLeod Road) would take place before 2000; AND WHEREAS the recently-completed TransFocus 2021 Study now proposes the Q.E,W. widening to six (6) lanes from Highway 405 to McLeod Road is scheduled for the 'long term' phase from between 2012 and 2021 (i.e. seventeen (17) years to twenty-six (26) years from now); AND WHEREAS previous commitments/discussions indicated a CAR Pool/Share-A-Ride parking lot would be established in Niagara Falls along the Q,E.W. Corridor for Ford and other workers who commute to the Toronto area in the near future; AND WHEREAS recent proposals indicate establishment of a Car Pool Lot in Niagara-on-the-Lake (along the Q.E.W.) is meant to serve Niagara Falls commuters; AND WHEREAS the latest schedule for replacement of the Thorold Stone Road/Q.E,W. interchange indicated a construction start date of Spring 1996; AND WHEREAS the City of Niagara Falls is very concerned with any delay or unfulfilled earlier commitments with respect to all three (3) matters; NOW THEREFORE BE IT RESOLVED that the Minister of Transportation be requested to expedite resolution of these matters in accordance with earlier commitments; AND The Seal of the Corporation be hereto affixed. Carried Unanimousty. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 95-111 A by-law to authorize the execution of an agreement with Steed and Evans Limited respecting the construction of Municipal Parking Lot No. 18. 95-114 A by-law to impose special rates to provide for the payment of the owner's portion of the cost of a certain local improvement. 95-1t6 A by-law to amend by-law No. 79-200, as amended (AM-9/95; Campark Resorts, 9387 Lundy's's' Lane). 95-117 A by-law to authorize the execution of an agreement with F~lls Electric Inc. for emergency. ghting and exit sign upgrade at the Niagara Falls Memorial Arena. 95-118 A by-law to authorize the execution of an agreement to extend the Contract of Employment with William Slack. 95-119 A by-law to amend By-law No. 76-102, as amended, being a by-law respecting the issue of licences. 95-120 A by-law to provide for the appropriations for the year 1995. 95-121 A by-law to fix the rate of taxation for 1995 and to provide for the levying of taxes. 95-122 A by4aw to amend By-law No, 79-200, as amended, (AM-7195, 5341/5343 Ferry Street) 95-123 A by-law to authorize the execution of an agreement with Her Majesty the Queen in right of Ontario for the purpose of leasing land for public parking. 95-124 A by-law to authorize the execution of an agreement with 1108880 Ontario Limited, c.o.b. Antica Pizzeria. 95-125 A by-law to authorize monies for General Purposes (May 29, 1995). The motion Carried with Alderman Orr voting contrary to the motion on By-law No. 95-111; Aldermen Campbell, Hendershot, Janvary and Pietrangelo abstaining from the vote on By- law Nos. 95-120 and 95-121 on conflicts of interest previously noted; Alderman Susin abstaining from the vote on a conflict of interest on By-law No. 95-125; Aldermen Ward and Craitor abstaining from the vote on By-law No. 95-125 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the following by-laws be now read a second and third time: 95-111 A by-law to authorize the execution of an agreement with Steed and Evans Limited respecting the construction of Municipal Parking Lot No. 18. 95-114 A by-law to impose special rates to provide for the payment of the owner's portion of th~ cost of a certain local improvement. 95-116 A by-law to amend by-law No. 79-200, as amended (AM-9t95; Campark Resorts, 9387 Lundy's' Lane). 95-117 A by-law to authorize the execution of an agreement with Falls Electric Inc. for emergency lighting and exit sign upgrade at the Niagara Falls Memorial Arena. 95-118 A by-law to authorize the execution of an agreement to extend the Contract of Employment with William Slack. 95-119 A by-law to amend By-law No. 76-102, as amended, being a by-law respecting the issue of licences. 95-120 A by-law to provide for the appropriations for the year 1995. 95-121 A by-law to fix the rate of taxation for 1995 and to provide for the levying of taxes. 95-122 A by-law to amend By-law No. 79-200, as amended. (AM-7/95, 534115343 Ferry Street) 95-123 95-124 A by-law to authorize the execution of an agreement with Her Majesty the Queen in right of Ontario for the purpose of leasing land for public parking. A by-law to authorize the execution of an agreement with 1108880 Ontario Limited, c.o.b. Antica Pizzeria. 95-125 A by-law to authorize monies for General Purposes (May 29, 1995). The motion Carried with Alderman Orr voting contrary to the motion on By-law No. 95-111; Aldermen Campbell, Hendershot, Janvary and Pietrangelo abstaining from the vote on By- law Nos. 95-120 and 95-12t on conflicts of interest previously noted; Alderman Susin abstaining from the vote on a conflict of interest on By-law No. 95-125; Aldermen Ward and Craitor abstaining from the vote on By-law No. 95-125 on conflicts of interest previously noted and with all others voting in fa,lour. - 12- NEW BUSINESS Letter of Condolence ORDERED on the motion of Alderman Janvary, seconded by Alderman Pietrangelo, that a letter of condolence be forwarded to the family of the late George Frederick Caverly, past President of The Royal Canadian Legion Branch #51 and well-respected citizen of the community. Carried Unanimously. Miss Niagara Pageant Alderman Pat Cummings referred to the very successful Miss Niagara Pageant and announced that Tam Gates had been chosen Miss Niagara; Maderie Soccia was the First Runner Up; and Kelly Boyd was the Second Runner Up. Alderman Cummings ind!cated that 17 former Miss Niagara contestants had artended to pay tribute to the late Loretta Rae and thanked everyone who had participated in the Pageant. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo, that a letter of congratulations be forwarded to Niagara Promotions on the successful Blossom Festival Parade and the Miss Niagara Pageant. Carried Unanimously. Scottish Tattoo ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that a letter of appreciation be forwarded to Mr. Ed Felstead, Master of Ceremonies; Mr. Tom Murphy, Director and Mr. Dave Hunter, Leader for their participation in the successful Scottish Tattoo event. Carried Unanimously. Big Bike for Stroke Research Alderman Victor Pietrangelo advised that a team had been organized for the Big Bike for Stroke Research event being held on June 6, 1995 at 5 p.m. to raise money for stroke research. Alderman Wayne Campbell encouraged members of Council who were unable to participate to make a donation. Tax Arrears Alderman Fermino Susin requested information with respect to tax arrears and was provided with the information by the Director of Finance. Candidate Debate Alderman Kim Craitor informed that a Candidates' Debate would be held on Thursday, June 1, 1995 at Club Italia and invited everyone to attend. Draft Adult Entertainment By-law ' Alderman Kim Craitor advised that a Public Meeting regarding licensing of adult entertainment padours would be held on Tuesday, May 30, 1995 at 5 p.m. in Committee Room 2.. Exotic Animal By-law Alderman Kim Craitor provided clarification with respect to statements made in the Niagara Falls Review concerning the City's "backtracking" on the exotic animal by-law. - 13- Helicopter Operations His Worship Mayor Thomson referred to correspondence from the Ministry of Transport with respect to their position on helicopter operations in Niagara Falls and he requested Council reaffirm its objection to a proposed heliport operation near the Minolta Tower. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the Council of the Corporation of the City of Niagara Falls reaffirms its objection to a proposed heliport operation by Pen Helicopters Ltd, near the Minolta Tower. Carried Unanimously. See Resolution No. 45 ORDERED on the motion of Alderman Puttick, seconded by Alderman Ward, that the meeting be adjourned. Carried Unanimously. READ ANDADOPTED, MAYOR WAYNE THOMSON COMMITTEE OF THE WHOLE Committee Room #1 June 5, 1995 Council met on Monday, June 5, 1995 at 7:15 p.m. in Committee of the Whole. All members of Council were present. Alderman Selina Volpatti presided as Chairman. Following consideration of the items presented, the Committee of the Whole did not report in open Council. READ AND ADOPTED, REGULAR MEETING Council Chambers June 5, 1995 Council met on Monday, June 5, 1995 at 7:30 p.m. for the purpose of considering Regular Business. All members of Council were present. Alderman Norm Puttick offered the Opening Prayer. ADOPTION OF MINUTES Alderman Fermino Susin requested that the Minutes of May 29, 1995 be amended to reflect his opposition to the motion with respect to call tenders for the lease of a front end loader; and requested that the past and present Chairs involved in the Niagara River Remedial Action Plan; Stage 2 Report PD-95-83 be entered into the Minutes. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the Minutes of the Regular Meeting of May 29, 1995 be adopted as amended. Carried Unanimously DISCLOSURES OF PECUNIARY INTEREST Aldermen Campbell, Hendershot, Janvary and Pietrangelo indicated pecuniary interests on Report F-95-21, Cheque No. 212499 because the recipient is their emp oyer Alderman Pietrangelo indicated a pecuniary interest on Report F-95-21, Cheque No. 212488 because the recipient is his employer. Alderman Craitor indicated a pecuniary interest on Repod F-95-21, Cheque Nos. 212515 and 212540 because the recipient is his spouse's employer.. Alderman Ward indicated a pecuniary interest on Report F-95-21, Cheque No. 212418 because he has a business interest, -2~ WELCOME His Worship Mayor Thomson welcomed members of the 27th Niagara Scout Troop and their Leaders, Mike Gettier and David Morningstar and Scouter, Heather Arnold to the Council meeting. PRESENTATIONS 1994-1995 Environment Awards His Worship Mayor Thomson and Alderman Janvary, Chairman of the Environmental Planning and Greening Committee congratulated and presented Environment Awards to Carm Dix and Joe Longo, Niagara Falls Public Library for their informational displays to increase public awareness about environmental issues; to Andy Sloggett and Nancy Graham, Walker's Greenhouses for promoting the use of environmentally safe products; and to Malcolm "Mac" Macleod, for educating youth on the wise use of forest resources. PD-95-86 - Chief Administrative Officer - Zoning By-law Amendment Application AM- 17/95, Roman Cheese Products Limited; 7770 Canadian Drive. The report recommends the following: That Council approve the application to permit a 40,000 sq. foot warehouse addition to be constructed to the existing food preparation plant within 6 feet of the rear property line; That the lands be made subject to Site Plan Control to assist in implementing the zoning requirement and to ensure that the site is developed in a sensitive manner. - AND - Communication No. 159 - Regional Niagara, Planning and Development Department. The communication advises as not being opposed to the application subject to the satisfaction of the Regional Public Works Department. - AND - Communication No. 160.- The Regional Municipality of Niagara. The communication advises as having no objections to the application; but requests that the properly be placed under site plan control in order that the sampling manhole and sanitary service Regional requirements can be addressed: The Sampling Manhole and The Sanitary Service. His Worship Mayor Wayne Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance with Regulations by First Class mail on May 5, 1995. His Worship Mayor Thomson received indication that Mr. Dante MarineIll, Solicitor was in attendance on behalf of the application and received a negative response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive furlher notice of the passage of the by- law submit their names and addresses to the Clerk prior to leaving the meeting. -3- The Director of Planning and Development referred to the subject property with the assistance of posted sketches and reviewed the information contained in Technical report PD-95-81; Nature of the Zoning By-law Amendment; Background; Official Plan; Physical Analysis and the Public Notification Process. There was a negative response to Mayor Thomson's request for comments from persons other than the applicant or his agent, in support of or in opposition to the application. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-17/95 closed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that the communications be received and filed. Carried Unanimously. See By-law No. 95-130 COMMUNICATIONS Communication No. 161 -ZIP Signs Ltd. - Re: Conversion of existing Robinson's signage. The communication requests Council permission to convert the three Robinson's signs with THE BAY signs at Niagara Square. ORDERED on the motion of Alderman Campbell, seconded by Alderman Janvary, that the request be approved. Carried Unanimously. Communication No. 162 -Ontado Society of Medical Technologists - Re: Proclamation. The communications requests Council proclaim the week of September 21, 1995 as "Medical Laboratory Technologists Week"; advising that the Ontario Society of Medical Technologists will be holding their 32nd Annual Convention from September 21, 22 and 23, 1995 and inviting the Mayor to participate in the opening ceremonies on September 21, 1995 to welcome the delegates to the City of Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the request be approved subject to established policy. Carried Unanimously. Communication No. 163 - The Victoria Avenue Property and Business Owners Association - Re: Representation on Parking Committee. The communication requests that representatives from the Victoria Avenue Properly and Business Owners Association be appointed to the Parking and Traffic Committee. ORDERED on the motion of Alderman Orr, seconded by Alderman Fisher, that the matter be referred to the Parking and Traffic Committee. The motion Carried with Aldermen Craitor and Hendershot voting contrary to the motion and with all others voting in favour. Communication No. 164 - Emilie Fowler and members of Women and Resources - Re: Lap Dancing. The communication requests Council draft a by-law prohibiting physical contact between customers and dancers working in adult entertainment padours; and suggesting that a letter be forwarded to the Solicitor General requesting an immediate injunction against lap dancing until the appeal of the Hatchborn decision scheduled for this fall. The City Solicitor commented that it was an issue of jurisdiction and a federal matter; he advised the municipality had no control over the matter of contact between patrons and dancers. -4° ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that the matter be referred to the Solicitor's Department. Carried Unanimously. Following some discussion, it was ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo, that a resolution be prepared by the Solicitor's Office requesting that lap dancing be banned in adult entertainment padours and that the Association of Municipalities of Ontario be requested to adopt the resolution and forward copies to the Minister of Justice for Canada. Carried Unanimously. See Resolution No. 50 Communication No. 165 -"End of the Rainbow" Business Association - Re: CooOp Toudst Signage on the Rainbow Bridge. The communication advises that their signage program is not related to any other Bridge Commission proposals for future development. ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the communication be received and filed for the information of Council. Carried Unanimously. Communication No. 166 - Township of Wainfleet Re: Niagara Municipal Recycling Board Amended Club Agreement. The communication requests that agreement be placed before Council for the necessary approval. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the Mayor and City Clerk be authorized by By-law to sign the Amended Agreement. Carried Unanimously. See By-law No. 95-142 REPORTS MW-95-109 - Chief Administrative Officer - Re: Contract 91-116, Tee Creek Municipal Drain. The report recommends that the unit prices submitted by the low tenderer, V. Gibbons Contracting Ltd., be accepted and the By-law be passed. ORDERED on the motion of Alderman Susin, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See By-law No. 95-136 R-05-44 - Chair, Civic Committee - Re: Adopt-A-Street Program. The report recommends that this report be received and filed for information. ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the report be received and flied for information. Carried Unanimously. ~ R-95-46 - Chief Administrative Officer - Re: Tender No. 20-95 - F.H. Leslie Pool Building Improvements. The report recommends the following: That Tender No. 20-95 for the work to be completed to construct and facilitate a family changeroom and other improvements for the physically challenged at F.H, Leslie Pool Building at a total cost of $25,663.95, including all applicable taxes, be awarded to Romar Niagara Construction; 2. That Council pass the by-law appearing later on this evening's agenda. ORDERED on the motion of Alderman Susin, seconded by Alderman Fisher, that the r. eport be received and adopted..Carried UnanimOusly, See B_y-law N0.95-134 - 5- R-95-47 - Chair, City of Niagara Falls Recreation Commission - Re: 1995 Summer & Fall Leisure Guide. The report recommends that the report be received for the information of Council. During the discussion, it was ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that a letter of appreciation be forwarded from the Mayor's Office to the Niagara Falls Recreation Commission for all their efforts. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that 'the report be received and filed. Carried Unanimously. R-95-48 - Chief Administrative Officer - Re: Oakes Park Track & Field Event Renovations. The report recommends the following: That Council approve the awarding of Tender No. 22-95, Oakes Park Track & Field Renovations to the bidder, MPMS Construction Ltd., at a total cost of $102,013.80, including all applicable taxes; 2. That Council passthe by-law appearing later on this evening's agenda. ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried with Alderman Susin abstaining from the vote on a conflict of interest because of the close proximity to his mother's residence and with all others voting in fayour. See By-law No. 95-133 PD-95-87 - Chief Administrative Officer - Re: Site Plan Approval -Toudst Commercial Plaza; 7367 Lundy°s Lane; Therewest Plaza Ltd. The report recommends that Council approve the "as built" site plan for the 14,560 sq. ft, plaza located at 7367 Lundy's Lane. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously. PD-95-90 - Chief Administrative Officer - Re: Action Arising from Local Architectural Conservation Advisory Committee (L.A.C.A.C.); May 30, 1995. The report recommends that City Council endorse the three applications for Designated Property Grants as outlined in this report and approve the design of the proposed garage for the Spence Weaver Homestead. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. PD-95-92 - Chief Administrative Officer - Re: AM-5195, Pinecove Developments; ProSpect Street and Drummond Road. The report recommends the following: That Council, prior to the passing of the amending by-law for AM-5/95, Pinecove Developments, determine by resolution, in accordance with Section 34 (17) of the Planning Act that the changes proposed to the amending by-law, after the holding of the public meeting do not require the giving of a further notice; That Council pass the amending by-law which, in addition to those matters as described in the Public Notice, will also permit the proposed drive-through establishment to be located closer to Drummond Road, than established by By-law 79-200, ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. See By-law No. 95-135 See ResOlution No.47 -6- F-95-21 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $768,694.41 for the period ending June 5, 1995, be approved by the passing of the by-law appearing later on the agenda. Additional information was requested on Cheque Nos. 212488; 212577; 212571. ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that the report be received and adopted. The motion Carried with Aldermen Puttick and err voting contrary to the motion and Aldermen Crajtor, Campbell, Hendershot, Janvary, Pietrangelo and Ward abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. CD-95-26 - Chief Administrative Officer - Re: Special Occasion Permits; 100th Anniversary St. Patrick's Church; Niagara Falls Volunteer Fire Fighters Barbecue. The repeal recommends that Council indicate it has no objection to the issuance of a Special Occasion Permit to the organizations listed in this report. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. During the discussion it was ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that permission be granted to hang a banner across Victoria Avenue indicating the 100th Anniversary. Carried Unanimously. RESOLUTIONS NO. 47 - CRAITOR - HENDERSHOT - RESOLVED that this Council does determine, ~n accordance with Section 34 (17) of the Planning Act, RSO, that the changes proposed to the Zoning by-law for Application AM-5/95 (Pinecove Developments; Prospect Street and Drummond 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. 48 - CUMMINGS - PIETRANGELO - RESOLVED that Alderman Bruce Ward be appointed Acting Mayor for the period of June 16, 1995 to June 21, 1995 inclusive; dudng the absence of His Worship Mayor Wayne Thomson. AND The Seal of the Corporation be hereto affixed. ~ Carried Unanimously -7- AND WHEREAS the Council of the City of Niagara Falls believes it is appropriate to ban lap-dancing in adult entertainment padours; AND WHEREAS the control and regulation of lap-dancing is a subject matter within the realm of the Federal government; AND WHEREAS the Council of the City of Niagara Fails desires that the Minister of Justice for Canada review the relevant laws relating to lap-dancing and to make amendments to the law in order to ban lap-dancing; NOW THEREFORE BE IT RESOLVED that the Council for the City of Niagara Falls requests that the Association of Municipalities of Ontario adopt this resolution and the recommendation contained herein and forward copies to the Minister of Justice for Canada; AND The Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that By-law No. 95-126 - To amend By-law No. 79-200, as amended ( AM-32/94, Sheraton Fallsview, 6755 Oakes Drive) be withdrawn at the request of the applicant. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, ' that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 95-127 95-128 95-129 95-130 To amend By-law No. 79-200, as amended. (AM8/95, Redeemer Bible Church) 95-131 To designate an area of land in the City of Niagara Falls as a site plan control area. (AM-8/95, Redeemer Bible Church) NO. 49 - CAMPBELL'- PUTTICK - WHEREAS the Municipal Act empowers municipalities to pass by-laws to licence cedain trades and callings; AND WHEREAS at present the Municipal Act doe not permit municipalities to licence tattoo padours; AND 95-132 WHEREAS Council believes it would be in the best interest of the public; AND WHEREAS ' the Regional Municipality of Niagara Health Services Department supports the licensing of tattoo padours for public health purposes; NOW THEREFORE BE IT RESOLVED that the 95-133 Corporation of the City of Niagara Falls hereby requests the Province to immediately consider amendments to the Municipal Act which would empower municipalities to licerice and regulate the operation of tattoo parlouts within their boundaries; 95-134 AND The Seal of the Corporation be hereto affixed. Carried Unanimously · NO. 50 - HENDERSHOT - PIETRANGELO - WHEREAS the Court has determined that 95-135 an adult entertainment padour attendant, who performs lap-dancing, is not performing an indecent act or centravening the Criminal Code of Canlda; AND WHEREAS the owners To amend By-law No. 85-238, respecting the classes of development that may be undertaken in site plan control areas. (AM-8/95, Redeemer Bible Church) To amend By-law No, 79-200, as amended. (AM-17/95, Roman Cheese Products Limited, 4916 Montrose Rd.) To authorize the execution of an agreement with Medcon Mechanical Ltd. (Dehumidification units for Stamford, Jack Bell & Chippawa Willoughby Arenas) To authorize the execution of an agreement with BCR Electric for electrical upgrades at Stamford/Jack Bell Arenas. To authorize the execution of an agreement with M.P,M.S. Construction Limited respecting Oakes Park track and field event renovations. To authorize the execution of an agreement with Romar Niagara Construction, a division of Briste Holdings Inc. respecting F.H. Leslie Pool building improvements. To amend By-law No. 79-200, as amended. (AM-5/95, Pinecove Developments, 5470 Drummond Rd.) entertainment padours in the City of Niagara Falls that permit their attendants to provide -8- 95-138 To amend Schedule G of By-law No. 89-2000, as amended, being a schedule in respect of parking meter zones. 95-139 To authorize monies for General Purposes (June 5, 1995). 95-140 To amend by-law No. 79-200, as amended. (AM-26/92, V. Biamonte) 95-141 To amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan control areas. (AM-26/92, V. Biamonte) 95-142 To authorize the Mayor and City Clerk to enter into an agreement with respect to Niagara Municipal Recycling The motion Carried with Alderman Susin abstaining from the vote on By-law No. 95-133 on a conflict of interest previously noted; Alderman Susin voting contrary to the motion on By-law No. 95-137; Alderman Orr abstaining from the vote on a conflict of interest on By-law No. 95-138 because of the close proximity to her mother's residence; Aldermen Puttick and Orr voting contrary to the motion on By-law No. 95-139; Aldermen Craitor, Campbell, Hendershot, Janvary, Pietrangelo and Ward abstaining from the vote on By- law No. 95-139 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that By-law No. 95-126 - To amend By-law No. 79-200, as amended ( AM-32/94, Sheraton Fallsview, 6755 Oakes Drive) be withdrawn at the request of the applicant. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the following by-laws be now read a second and third time: 95-127 To amend By-law No. 79-200, as amended. (AM8/95, Redeemer Bible Church) 95-128 To designate an area of land in the City of Niagara Falls as a site plan control area. (AM-8/95, Redeemer Bible Church) 95-129 To amend By-law No. 85-238, respecting the classes of development that may be undertaken in site plan control areas. (AM-8/~)5, Redeemer Bible Church) 95-130 To amend By-law No. 79-200, as amended. (AM-17/95, Roman Cheese Products Limited, 4916 Montrose Rd.) 95-131 To authorize the execution of an agreement with Medcon Mechanical Ltd. (Dehumidifloation units for Stamford, Jack Bell & Chippawa Willoughby Arenas) 95-132 To authorize the execution of an agreement with BCR Electric for electrical upgrades at Stamford/Jack Bell Arenas. 95-133 To authorize the execution of an agreement with M .P.M .S. ConStruction Limited respecting Oakes Park track and field event renovations. 95-134 To authorize the execution of an agreement with Romar Niagara Construction, a division of Briste Holdings Ino. respecting F.H. Leslie Pool building improvements. 95-135 To amend By-law No. 79-200, as amended. (AM-5/95, Pinecove Developments, 5470 Drummond Rd.) -9- 95-136 To authorize the execution of an agreement with V. Gibbons Contracting (Tee Creek, Willodell Road to Koabel Road). 95-137 To authorize the execution by the Mayor and Clerk of a Transfer Deed for Block 66 on registered Plan 59M-138 to Grossi Homes Limited. 95-138 To amend Schedule G of By-law No. 89-2000, as amended, being a schedule in respect of parking meter zones. 95-139 To authorize monies for General Purposes (June 5, 1995). 95-140 To amend by-law No. 79-200, as amended. (AM-26192, V. Biamonte) 95-141 To amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan control areas. (AM-26/92, V. Biamonte) 95-142 To authorize the Mayor and City Clerk to enter into an agreement with respect to Niagara Municipal Recycling The motion Carried with Alderman Susin abstaining from the vote on By-law No. 95-133 on a conflict of interest previously noted; Alderman Susin voting contrary to the motion on By-law No. 95-137; Alderman Orr abstaining from the vote on a conflict of interest on By; law No. 95-138 because of the close proximity to her mother's residence; Aldermen Puttick and Orr voting contrary to the motion on By-law No. 95-139; Aldermen Craitor, Campbell, Hendershot, Janvary, Pietrangelo and Ward abstaining from the vote on By-law No. 95- 139 on conflicts of interest previously noted and with all others voting in favour. NEW BUSINESS Letter of Appreciation ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that a letter of thanks and appreciation be forwarded to Mr. Dennis Schafer, on behalf of the members of Council respecting his contribution to the Niagara Parks Commission and his association with Council and with best wishes on his retirement from the Niagara Parks Commission. Carried Unanimously New Agenda Items Alderman Pat Cummings referred to new agenda items at Council and requested that any additions to the agenda be referred to and listed in the Handouts prior to the C0Uncjl meeting. Ashbury College Bands Alderman Shirley Fisher informed members that four bands from Ashbury College in the Ottawa area under the direction of a former Niagara Falls resident. Mr. John Merrett would' be touring the Niagara Region from June 22nd to June 25th, 1995. Letter of Congratulations and Best Wishes ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that best wishes be forwarded to Mr, Steve Benyo, Principal, Sacred Heart School on his upcoming retirement. Carried Unanimously. - fO - Debris surrounding Transit Commission Building ORDERED on the motion of Alderman Orr, seconded by Alderman Campbell, that the matter regarding the conditions of the grounds surrounding the Transit Commission Building be brought to the attention of the Transit Commission. Carried Unanimously. Landfill Site Alderman Fermino Susin referred to an employee matter at the landfill site and was advised by His Worship Mayor Thomson that the issue was a Personnel matter which would require discussion in Committee of the Whole. Alderman Susin discussed the process of tendering and contracting out at the landfill site. During the discussion, it was ORDERED on the motion of Alderman Susin, seconded by Alderman Volpatti, that it be resolved that the Landfill Operations matter be reconsidered. The motion was Defeated with Aldermen Susin and Volpatti voting in favour; Alderman Hendershot abstaining from the vote on a conflict of interest and with all others voting contrary to the motion. Casino Issue Alderman Norm Puttick advised that a meeting of the Casino committee was scheduled for Tuesday, June 13, 1995; he assured members that the matter would be dealt with regardless of who was the next Premier of Ontario. Taboo Pa~oum Alderman Wayne Campbell referred to correspondence from the Regional Niagara Health Services Department regarding tattoo parlours and requested further information regarding the matter. Following some discussion, it was ORDERED on the motion of Alderman Campbell, seconded by Alderman Puttick, that a resolution respecting municipal licensing of tatoo padours be provided to Alderman Puttick, to be brought to the attention of the Association of Municipalities of Ontario conference. Carried Unanimously. See Resolution~N~, 49 Former Mr, Cappuccino Property Alderman Kim Craitor referred to the former Mr. Cappuccino property on Victoria Avenue; expressed concerns regarding the hazards of rocks and boulders on.the property and requested that staff look into the matter. ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that staff be requested to look into the clean up of the property. Carried Unanimously. - 11 - Corporate Challenge Alderman Pat Cummings advised that the City team had come in Second in the Corporate Challenge event. After Hours Club ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the petition from concerned residents regarding an After Hours Club be received and referred to staff. Carried Unanimously. Chippawa Lions Club Carnival Alderman Bruce Ward advised that the Chippawa Lions Club Carnival would be held from June 7 to 10, 1995 at Chippawa Lions Park. Stamford Volunteer FiremeWs Carnival Alderman Pat Cummings advised that the Stamford Volunteer's Firemen's Carnival would be held June 14th to June 17th, 1995 at Stamford Green.. Rental of Liftruck, Alderman Fermino Susin requested further information regarding the rental of shovelling and loading equipment at the Niagara Falls Arena and was assured by the Manager of Parks and Recreation that the amount was a recoverable expense and at no cost to the City. Insurance Claim His Worship Mayor Thomson referred to an insurance claim matter that had been brought to his attention; provided background information regarding the matter. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher that the City pay the additional premium of $145,80 for the year. Carried Unanimously. Surplus Playground Equipment His Worship Mayor Thomson provided information regarding the need for playg(ound equipment in the Montrose/Kalar Road area and advised that Mr. Ray McCarthy had taken it upon himself to obtain funds for playground equipment in the area. His Worship Mayor Thomson indicated that there was playground equipment surplus to the City's needs that was available and requested that Mr. McCarthy ,be provided with the surplus equipment. ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the surplus playground equipment be provided to Mr. McCarthy at no cost to the City. Carried Unanimously. - 12 - Wayne's Hotline His Worship Mayor Thomson referred to his carl-in talk show on June 14, 1995 and indicated that Mr. Sherry Bassin, representing the Niagara Falls Thunder would be a guest on the program to discuss fund raising activities prior to the opening of the season. His Worship furlher advised that highlights and focus would be provided on the Niagara Falls Transportation Planning Study. The Director of Municipal Works stated that it would provide the residents of the City an opportunity to make comments on the study. ORDERED on the motion of Alderman Campbell seconded by Alderman Volpatti, that the meeting be adjourned. Carried Unanimously. READAND ADOPTED, MAYOR WAYNE THOMSON ii COMMITTEE OF THE WHOLE Committee Room #2 June 26, 1995 Council met on Monday, June 26, 1995 at 7:00 p.m. in Committee of the Whole. All members of Council with the exception of Alderman Norm Puttick, who was away on City · business, were present. Alderman Victor Pietrangelo presided as Chairman. Following consideration of the items presented, the Committee of the Whole reported in open session. READAND ADOPTED, PLANNING MEETING Council Chambers June 26, 1995 Council met on Monday, June 26, 1995 at 7:30 p.m. for the purpose of considering Planning Matters and Regular Business. All members of Council, with the exception of Alderman Norm Puttick, who was away on City business, were present. Alderman Kim Craitor offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTEREST Alderman Kim Craitor indicated a pecuniary interest on Report F-95-22, Cheque No. 213021, because he sits on the Board as a volunteer member; and indicated a pecuniary interest on Cheque Nos. 212790; 212862; M90925 and 212982 because the recipient is his spouse's employer. ' Alderman Pat Cummings indicated a pecuniary interest on Report F-95-22, Cheque No. 212758, because the recipient is Acres. Aldenan Fermino Susin indicated a pecuniary interest on Communication No. 202, because he is a member of the Legion; and indicated a pecuniary interest on Report F-95-22, Cheque No. 212596 because his mother resides in the area; Cheque No. 212888, because members of his family am volunteer timfighters; and indicated a pecuniary interest on Report PD-95-103, because he had performed some work for the developer. Alderman Bruce Ward indicated a pecuniary interest on Report F-95-22, Cheque No. 212944, because a member of his family has a business interest; and Cheque No. 212907, because he has a business interest. PRESENTATIONS 1995 Senior of the Year Award His Worship Mayor Thomson indicated that June had been designated Senior's Month and referred to the important contributions that senior citizens make to the community; and congratulated and presented the 1995 Senior of the Year Award to Steila Bredin in recognition of her outstanding contributions to the community. Heroic Effort His Worship Mayor Thomson presented a token of appreciation to six year old Stephen Sanduleac, in recognition and appreciation of his heroic efforts in displaying quick action in the call reporting of his mother's distress to the 911 Operator. Niagara Falls Business Showcase Award Wendy Caravan, representing the Economic Development Advisory Board provided a brief overview of Canadian Home Products and their accomplishments; she introduced Mr. Matt Bowman, Vice President of Operations, who discussed the corporate investment into the plant, enabling competition in the global marketplace; community involvement; commented on the positive attributes of conducting business in Niagara Fails and the future of Canadian Home Products and thanked the Economic Development Advisory Board and members of Council for the henour. His Worship Mayor Thomson indicated that Canadian Home Products was one of the City's major employers and presented the Niagara Falls Business Showcase Award to Mr. Matt Bowman, in recognition of the company's contribution to the economic growth and development of the City of Niagara Falls. DEPUTATIONS Canada Day Celebrations Alderman Gary Hendershot advised that the theme for Canada Day was "Canada Remembers - 50 Years of Peace" with a special tribute to the veterans who fought in World War H. Alderman Hendershot indicated that the Canada Diy Celebrations would include a Canada Day Parade; a Town Crier Contest; Parachute Jumps; "Pride of Niagara" - women barbershop singers; and local entertainer, Mr. Brian McLaughiin. He acknowledged that everyone attending the Canada Day Family Celebration at Optimist Park would receive a Canadian flag in recognition of the Canadian Fiag's 30th Anniversary. Parking Meter Installations Report MW-95-125 - Chair, Parking and Traffic Committee - Re: Parking Meter Inslallstions at 4735 Ontario Avenue. The report recommends that the report be received for the Information of Council; and that a parking space be permitted on Ontario street and one metered spot also be permitted on Ontario Street in front of 4735 Ontario Street. Dr. Robert Orr expressed concerns, on behalf of his 86 year old mother, respecting the lack of consideration of residents who do not have onsite parking in relation to the .',nnplementa~on of the phase 1 installation of parking meters in the downtown residential section. - 3- He indicated that his mother presently parks her vehicle in front of her residence and would be required to park elsewhere if parking roeIres were installed. Dr. Orr requested that consideration be given to permitting one onsite parking space and one metered spot in front of his mother's residence. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, to permit one parking space and one meter spot as outlined in the report. The motion Carried with Alderman Orr abstaining from the vote on a conflict of interest because the speaker was her brother and the topic was regarding her mother's residence and with all others voting in layout. UNFINISHED BUSINESS Niagara Falls Bridoe Commission Niagara Falls Bridge Commission Plans for Rainbow Bridge. - AND - Report L-95-50 - Chief Administrative Officer - Niagara Falls Bridge Conunission. The report recommends that the report is for the Information of City Council. ORDERED on the motion of Alderman hnvary, seconded by Alderman Fisher, that the matter be deferred for further meetings and that the correspondence be received and filed. Carried Unanimously. PD-95-102 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-13/95, Miller O'Dell Planning Associates Inc. & Carol M. Hellan, 5986 Drutnmond Road. The report recommends the following: That Council approve the application to develop stacked townhouse dwelling units on the lands, at a reduced density of 16 units per acre; 2. That the amending by-law include provisions which stipulate that: i) ii) iii) iv) the maximum number of stacked townhouse dwelling units that can be developed on the lands is 34; the minimum building setback from all property lines is 25 ft.; the maximum building height is 2 storeys; the minimum landscaped open space is 50 percent of the site. That the amending by-law also include provisions to guide the development of 20 conventional townhouse dwelling units as an alternative; . That the amending by-law be conditional upon the applicant undertaking a tree inventory to determine the size, species type and quality of the trees and the prospects for their long-term survival to the satisfaction of the Parks, Recreation & Culture Department; That the development of the lands be subject to Site Plan Control to e~sure the site is developed in a comprehensive and sensitive manner. - AND - Communication No. 167 - The Niagara Parks Commission. The communication advises that the townhouse proposal south of the Drummond Hill Cemetery is not in keeping with the neighbourhood and that the development should be scaled down in density and size and suggests that a site plan agreement be entered into; a provision of a minimum 14 foot green 'belt along the northerly boundary; and a proper privacy fence along the entire boundary should be a requirement of the site plan agreement, -4- Communication No. 168 - Regional Niagara, Planning and Development Department. The communication advises that the development is possible subject to local planning and other requirements. Commtmication No. 169 - Mr. Richard Bubnick, 6125 Barker Street. The communication expresses strong opposition to the development. Communication No. 170a); 170b); 170c) and 170d) - Janice G. Wing, 6018 Barker Street and attached Petitions. The communications advise that the vacant land should be preserved as a historic site; that the proposed townhouse project should not be permitted and express strong .opposition to the proposal. Communication No. 171 - Regional Public Works Department. The communication advises as having no objections to the rezoning subject to Road Dedication and Entrance Permits Regional requirements. Communication No. 172 - Niagara Peninsula Conservation Authority. The communication advises as having no objection to the proposal. Communication No. 173 - The Lundy's Lane Historical Society. The communication expresses opposition to the proposed rezoning. Communication No. 174 - Kim A. Bubnick, 6125 Barker Street. The communication expresses opposition to the proposed plan. Communication No. 175 - Sullivan, Mahoney, Solicitors. The communication provides exhibits in support of the zoning by-law amendment application. Communication No. 176 - Correspondence headed by Mr. Peter Smiljanich. The communication provides a list of names and addresses of individuals who were interested in the application. His Worship Mayor Wayne Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Deputy City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by First Class prepaid mail, ,to all owners assessed as to land within 120 metres of the proposed application on May 26, 1995. His Worship Mayor Thomson received indication that Mr. Tom Richardson, Solicitor was in attendance on behalf of the applicant and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law_.submit their names and addresses to the Clerk prior to leaving the meeting. The Deputy Director of Planning and Development referred to the subject property with the assistance of posted sketches and reviewed the information contained in Teclmical Report PD-95-85; Nature of the Zoning By-Law Amendment; Site Information; Surrounding Land Uses; Official Plan; Nature of Zone Change; Servicing; Site Plan Control and axe Public Notification Process. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of, and a positive response from persons opposed to the application. Mr. Robert Foley, Local Historian indicated that the proposed housing development would destroy the last remaining site on which the most significant battles of the war of 1812 occurred; he provided background information on the 1814 Battle of Lundy's Lane site and suggested the preservation of the site of Main and Ferry business district for historic purposes that could be promoted as a "Heritage District" with Lundy's lane being a key component. Mr. Sherman Zavitz, the City's Historian and President of The Lundy's Lane Historical Society advised that the Historical Society was opposed to the proposed rezoning application. He indicated that the particular parcel of land was an integral part of historic importance to Canada as the site where one of the bloodlest battles in all of the War of 1812-14 was fought; and advised that the opportunity for maintaining and enhancing the interpretation of what had occurred at the 1814 Battle of Lundy's Lane site for the benefit of local citizens, school children and tourists should be preserved. Ms. Karen Johnson, Friends of Historic Drummondville expressed opposition to the application and the long-range objectives of the group was to revitalize the businesses by promoting and preserving the historical heritage and to create jobs and enhance the appearance of the Main and Ferry area and to preserve the land being looked at. Mr. Wayne Scott, 6172 Buckher Place referred to the privacy and tranquility of the area being invaded due to the number of individuals in the area due to the proposed development; and suggested that other alternatives be looked into such as having a 1 year delay on the rezoning request; setting up a citizen's committee for the preservation of the site and instituting a fund raising program where the acquisition of the lands could take place. Mr. George Fasco expressed concerns regarding the application and indicated that consideration be given to the fact that the proposal was planned to be built on "hallowed ground". Mr. T. Inglis, 5975 Drummond Road expressed concerns regarding increased traffic if the development was allowed and requested that the site not be disturbed. Ms. Janice Wing requested that interested residents in the area be given a chance to find a way to save and preserve the properly and requested that Council not permit the rezoning. Mr. Tom Richardson, Solicitor advised that no agencies were opposed to the proposed development; referred to the continuing efforts by the municipality to interest various public agencies to acquire the property over the past 20 years without success; provided clarification regarding road dedication; referred to a historical and archaeological study performed by Dr. Ron Williamson which indicated the property had been subject extensive disturbances due to clandestine digging over the past 180 years. Mr. Richardson requested that Council not defer the matter and introduced Mr. Glen Barker, Miller O'Dell Planning Consultants advised that the concept of the plan was not a new one and referred to the unique shape of the site; discussed the building height and building setbacks; the provision of landscaped and open spaces; referred to a tree assessment study to determine the species and quality of the trees in the area. Mr. Barker indicated that the reduction of site density could occur through the site plan process. 'Mr. Richard Balfour, Barker Street, expressed concerns regarding the 47 % landscaping and the width of the entrance and frontage of the development. Mrs. Kim Bubnick, 6125 Barker Street, indicated that she was opposed to the development and expressed concerns regarding the density in the area; she stated that' she purchased property because of the tranquil and peaceful quality of the area. Mr. John Harkness, 3320 Wiltshlre Boulevard expressed concerns regarding the proximity of the townhouse development to the cemetery and suggested that it could be used as a playground. ,, Mr. Richardson advised that the proposed townhouse development would be fenced on all sides. Alderman Craitor stated, for the public in attendance, that should this matter go before the Ontario Municipal Board, that the public would be responsible to defend their position from a Planning perspective as Municipal staff were in support of the application. The Chief Administrative Officer stated that the City Solicitor would be representing City Council's position and that legal represenation on behalf of council's position would be at the Ontario Municipal Board and indicated that evidence from the Planning Department will not be forthcoming in support of the decision. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-13/95 closed. On the motion of Alderman Ward, seconded by Alderman Susin, that the application be deferred for 6 months. The motion was Defeated with the following vote: AYE: Aldermen Susin and Ward NAYE: Aldermen Campbell, Craitor, Cummings, Fisher, Hendershot, Janvary, Orr, Pietrangelo, and Volpatti. Following further discussion, it was ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the application be denied. The motion Carried with Aldermen Susin, Volpatti and Ward voting contrary to the motion and with all others voting in favou'r. His Worship Mayor Thomson indicated that a meeting be convened with the Mayor, Mr. Richardson, Mr. Foley and interested members of Council and any residents in the land acquisition be requested to leave their name and address with the Clerk. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that the communications be received and filed. Carried Unanimously. PD-95-96 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM- 15/95, Church of God Niagara; 8652 Sodom Road. The report recommends the following: That Council approve the application to permit a place of worship and accessory uses at 8652 Sedom Road with appropriate By-law provisions to recognize the existing building loca.tion; lot configuration and parking spaces; That the applicant provide to the Regional Municipality of Niagara a road widening along the Main Street frontage of 11.0 ft. prior to the passing of the amending By-law. Communication No. 177 - Mr. Robert H. Parliament. The communication advises as strongly objecting to the rezoning of the property. Communication No. 178 - Niagara Peninsula Conservation Authority. The communication advises as having no objections to the rezoning subject to the Regional requirements regarding Right-of-Way; Servicing; Access and Survey Evidence. Communication No. 179 - Niagara Peninsula Conservation Authority. The communication advises as having no objection to the proposal. Communication No. 180 - Mr. Eugene Somerville, 4123 Welland St. The communication advises as having no objections to the application. His Worship Mayor Wayne Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Deputy City Planner advised that the Notice of the Public Meeting had been given in accordance with the Regulations by First Class prepaid mail, to all owners assessed as to land within 120 metres of the proposed application on May 26, 1995. His Worship Mayor Thomson received indication that the applicant, Pastor Ron Spadzinski was in attendance and received a positive response to his request for a show of hands by pemons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development referred to the subject property with the assistance of posted sketches and reviewed the information contained in Technical Report PD-95-84; Background; Official Plan; Nature of the Zone Change; and the Public Notification Process. There was a positive response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of, and a negative response to persons opposed to the application. Mr. Abe Braun indicated his support of the development. Paster Ron Spadzinski thanked members of Council for their consideration. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-15/95 closed. ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that the communications be received and filed. Carried Unanimously. PD-95-97 - Chief Administrative Officer - Re: Zoning by-law Amendment Application; AM-16/95, Niagara Christian Church; Lots 18, 19 and 20, Reg. Plan 264; W/S Willoughby Drive. The report recommends the following: That Council approve the application which will permit the erection of a semi-detached dwelling on each of the three lots; That the applicant satisfy the conditions of the Municipal Works Department regarding the 6:1 extraneous flow removal quota prior to the passing of the amending By-law, Communication No. 181 - Regional Niagara, Planning and Development Department. The communication advises as having no objection to the approval of the application. Communication No. 182 - Regional Public Works Department. The communication advises as having no objection to the rezoning subject to the implementation of appropriate measures by the City of Niagara Falls to ensure that existing basement flooding problems and combined sewer overflows are not further exacerbated. Conununlcatlon No. 183 - Canadian Niagara Power Company. The communication advises as having no objections to the application and requests a copy of the lot drainage, grading' and servicing plan to assure that their lands are not adversely affected. Communication No. 184 - Mr. Vince Marchese, 36 Kamloops Drive, Willowdale. The communication advises as having no objections to the proposal. -8- Communication No. 185 - Niagara Peninsula Conservation Authority. The communication advises as having no objection to the application. His Worship Mayor Wayne Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Deputy City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by First Class prepaid mail on May 26, 1995. His Worship Mayor Thomson received indication that the applicant, Mr. Frank Lesley, was in attendance and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive furaver notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development referred to the subject property with the assistance of posted sketches and reviewed the infonnation contained in Technical Report PD-95-91; Background; Compatibility; Nature of the Zone Change; Servicing; and the Public Notification Process. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of, and opposed to the application. A resident next to the development was provided with information regarding the design and style of the proposed housing development and indicated he had no objections to the ''~ proposal. The Director of Municipal Works responded to concerns expressed regarding the 6:1 extraneous flow removal quota system and advised the developer would have to abide to the 6:1 quota by removing the weeping tiles or provide $2,500 per unit for the City. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-16/95 closed. ORDERED on the motion of Alderman Pietrangelo seconded by Alderman VolpaUi, that the , report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the communications be received and filed. Carried Unanimously. PD-95-98 - Chief Administrative Officer - Zoning By-law Amendment Application; AM- 18/95, Canadian Fur Shop of Saltoh; 4760 Rice Crescent. The report recommends that Council approve the application to permit 2 semi-detached dwellings to be constructed on the lands and to permit 17 ~. and 22 ft. front and rear yards, respectively. - AND - Communication No. 186 - Regional Planning & Development Dept. The communication advises as having no objections to the application. Communication No. 187 - Regional Public Works, The communication advises as having no objections to the rezoning application, .Communication No, 188 - Niagara Peninsula Conservation Authority. The communication advises as having no objection to the proposed application. His Worship Mayor Wayne Thomson declared the Public Meeting open and read the . procedure to be followed under the Planning Act. - 9- The Deputy City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by First Class prepaid mail, to all owners assessed as to land of the proposed application on May 26, 1995. His Worship Mayor Thomson received indication that Mr. Malcolm Stockton was in attendance on behalf of the applicant and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development referred to the subject property with the assistance of posted sketches and reviewed the information contained in Technical Report PD-95-93; Background; Official Plan; Nature of the Zone Change; and the Public Notification Process. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of, and a positive response to persons opposed to the application. Ms. Pan~ela Gibson, 4759 Jepson Street indicated there was no need for more driveways on the short area of Jepson Street and requested that an alternate plan for driveways be looked into. She was advised that traffic would exit unto Rice Crescent. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-18/95 closed. The Director of Municipal Works responded to questions regarding the reconstruction of sewer work. ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the communications be received and flied. Carried Unanimously. PD-95-103 - Chief Administrative Officer - Proposed Plan of Subdivision 26T-95006; Zoning by-law Amendment Application; AM-14/95 Orchard Grove Estates; East side of Kalar Road through to Booth Street; 800460 Ontario Ltd., c/o Eric Henry. The report recommends the following: That the Orchard Grove Estates Plan of Subdivision be approval subject to the conditions attached in Appendix 1; That Council approve the application to amend the Zoning By-law to provide the land use regulations to guide the construction of dwellings on the lots; That a copy of this report be sent to the Region as the City's comntents on the subdivision. - AND - Communication No. 189 - The Regional Municipality of Niagara; Regional Public Works Department. The communication advises as having no objections to the rezoning of the property subject to the concerns and requirements regarding the water supply; sanitary selvage facilities and storm drainage are adequately addressed. Communication No. 190 - Mary Lou Crosswell, 7980 Booth Street. The communication expresses opposition to the proposed subdivision. - tO - Connnunication No. 191 - Manager of Development, City of Niagara Falls. The communication provides comments on the Roadways; Water Supply; Sanitary Sewers; Storm Sewers; Sidewalks; Park Dedication and Lands for Public Purposes; Lot Grading; Development Charges and indicates as having no objection to the development proceeding. Communication No. 192 - Suzmme Grigoroff, 7763 Beaverdams Road. The communication indicates opposition to the proposed development and provides various concerns. Commnnlcation No. 193 - CN North America. The communication refers to the Warning Clause as outlined in the communication to be included by the Owner in the Subdivision Agreement and the Agreement of Purchase and Sale or Lease of dwelling units within 300 m of the railway-right-of-way; the communication further requests that the owner engage a Consultant to undertake a noise and vibration analysis. Communication No. 194 - Niagara Peninsula Conservation Authority. The communication advises as having no objection to the application. Communication No. 195 - Petition headed by Mr. & Mrs. Rovert. The petition expresses opposition to the proposed Orchard Grove Estates Subdivision and provides various concerns. His Worship Mayor Wayne Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Deputy City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by First Class prepaid mail, to all owners assessed as to land within 120 metres of the proposed application on May 26, 1995. His Worship Mayor Thomson received indication that the applicant, Mr. Eric Henry, was in attendance and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development referred to the subject property with the assistance of posted sketches and reviewed the information contained in Technical Report PD-95-95; Surrounding Land Use; Official Plan; Environmental Considerations; Subdivision Design; Parkland and Park Development Fee; Nature of the ZoJ~e Change; and the Public Notification Process. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of, and a positive response to persons ~pposed to the application. Ms. Sandra Van Grieken, Hodgson Steel commented on a sound survey that had been carried out by Acres and expressed concerns regarding the noise levels prospective residents would be exposed to from the steel company. Mary Lou Crosswell, 7980 Booth Street, submitted a petition on behalf of the residents in opposition to the proposal and expressed the following concerns: the opening of Booth Street would create excessive traffic on Watson Street; indicated that many more accidents would occur due to the volume of traffic and the curve on Beaverdams Road; lack of sidewalks in the area for school children; not enough facilities to accommodate the present overflow of children; cutting of th~ tre~ lot which has stood for over fifty years and the building of homes on a natural waterway. - 17 - Mr. John Baker, 8060 Beaverdams Road, expressed concerns with respect to the lack of sidewalks and flooding problems on Kalar Road; he referred to the increased volume of traffic and to the quality of the roads planned for the entrance and exits of the proposed subdivision and to the maintenance and upkeep of the roads on Booth Street and Kalar Road. Mr. Eric Henry informed that a noise and dust study had been carried out by Acres; referred to the provision of a 5 metre berm for the purpose of noise reduction; advised that homes on certain lots would require air conditioners to be installed and that warning clauses would be provided in the Subdivision Agreements and the Agreements of Purchase and Sale or Lease of dwelling units within 300m of the railway-right-of-way. Mr. Henry addressed the issue of the development of a passive park area and provided an architect's rendering of the greenspace and referred to an inovative method for the treatment of storm water, through the use of posted sketches; referred to the provision of sidewalks in the subdivision and the building of a new "super school" in 1997. Mr. Henry informed that having an entrance onto Lundy's Lane would require a stop light and the Region would not wish to have two stop lights in close proximity of each other. The Director of Municipal Works advised that approval by the Ministry of the Environment would ha conditional subject to the holding of a noise attenuation study and other concerns prior to any building taking place. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-14/95 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that the report be received and adopted subject to comments and concerns of the residents be fowarded to the Region. The motion was Defeated with Alderman Cummings abstaining from the vote on a conflict of interest because Acres was involved; and Alderman Susin abstaining from the vote on a conflict of interest previously noted and with the following vote: AYE: Aldermen Hendershot, Orr, Volpatti and Ward NAYE: Aldermen Campbell, Craitor, Fisher, Janvary, and Pietrangelo. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Hendershot, that the communications be received and filed. Carried Unanimously: It was moved by Alderman Ward, seconded by Alderman Craitor, that approval be granted to proceed past 11:00 p.m. The motion Carried with Alderman Cummings and Orr voting contrary to the motion and with all others voting in favour. PD-95-99 - Chief Administrative Officer - Re: Site Plan Approval; SPC-5/95, Proposed Expansion to Redeemer Bible Church; 3017 Montrose Road. The report recommends the following: That Council approve the site plan for the expansion to Redeemer Bible Church, 3017 Montrose Road; 2. That the Chief Building Official be authorized to execute a Conditional Permit agreement with the applicant on behalf of the City so as to expedite the issuance of a building permit. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. - 72 - PD-95-100 - Chief Administrative Officer - Re: Site Plan Approval; SPC-7/95, Proposed Restaurant Expansion at 4189 Stanley Avenue and Fraser Street. The report recommends the following: That Council approve the site plan for a restaurant expansion located at 4189 Stanley Avenue on the northwest comer of Fraser Street; 2. That the Chief Building Official be authorized to execute a Conditional Permit Agreement with applicant on behalf of the City so as to expedite the issuance of a building permit. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. PD-95-101 - Chief Administrative Officer - Re: Site Plan Approval; SPC-9/95, Proposed Neighbourhood Commercial Development; NE Corner of Prospect Street and Drummond Road. The report recommends the following: That Council approve the site plan for the proposed drive-thin Neighbourhood Commercial development located on the northeast comer of Prospect Street and Drummond Road; 2. That the Chief Building Official be authorized to execute a Conditional Permit Agreement with the applicant on behalf of the City so as to expedite the issuance of a building permit. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. PD-95-104 - Chief Administrative Officer - Re: Site Plan Approval; Proposed Expansion to K Mart, Niagara Square. The report recommends that Council approve the site plan drawings illustrating a 24,000 sq. ft. expansion to K Mart at Niagara Square so that these drawings may be incorporated into the existing site plan agreement. ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously. REGULAR COUNCIL MATTERS ADOPTION OF MINUTES ORDERED on thd motion of Alderman Cummings, seconded by Alderman Fisher, that the Minutes of the Regular Meeting of June 5, 1995 be adopted as printed. Carried Unanimously. COMMUNICATIONS Communication No. 196 - United Way of Niagara Falls - Re: Annual Media Slo-Pitch Tournament. The communication requests Council consider the tournament as a "Community Event" and being held on August 25, 26 and 27, 1995 at Optimist, Palmer and Muthem Parks. ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo, that the request be approved subject to established policy. Carried Unanimously. See Resolution No. 51 Communication No, 197 - Order of Sons of Italy of Ontario - Re: Annual Picnic. The communication requests permission to have pyrotechnic fireworks on July 9, 1995. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the request be approved subject to established policy. Carried Unanimously. See Resolution No. 52 - 73 - Conununication No. 198 - The Niagara Parks Commission - Re: Annual Fireworks Display. The communication requests permission to carry out the annual fireworks displays over the Falls scheduled for July 1, 8, 14, 21, 28, August 4, 11, 18, 25 and September 1 at 10:00 p.m. ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that the request be approved subject to established policy. Carried Unanimously_. See Resolution No. 53 Communication No. 199 - Don and Carol Ede, 3711 Gunning Drive - Re: Swimming Pool at Chippawa Willoughby Arena. The communication requests that consideration be given to the installation of a Switnming Pool at the Chippawa Willoughby Arena site. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that the matter be referred to staff. Carried Unanimously. Communication No. 200 - Katharine Goldberg, Association for Burlesque Entertainers - Re: Lap Dancing. The communication expresses concerns regarding the issue of lap dancing. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the communication be received and filed for the Information of Council. Carried Unanimously. Communication No. 201 - Paul Bongers, The Country Basket - Re: Sylvia Place Market. The communication expresses concerns regarding events at Sylvia Place Market and advising of his resignation as Secretary/Treasurer for the Market. The Manager of Human Resources informed that discussions had been held with Mr. VanderLoos regarding his behaviour at Sylvia Place Market and he was advised that his licenee had been suspended. ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the communication be received and filed for the Information of Council and further that Mr. Bongers be requested to reconsider his resignation. Carried Unanimously. Conununication No. 202 - The Royal Canadian Legion, Branch 396 - Re: Remembrance Day Services. The communication requests that consideration be given to the use of the Chippawa/Willoughby Memorial Arena to hold the annual Remembrance Day Service on November 5, 1995. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the matter he referred to staff. The motion Carried with Alderman Susin abstaining from the vote on a conflict of interest previously noted and with all others voting in fayour. Communication No. 203 - St. Patrick's Church - Re: St. Patrick's 100th Anniversary of the building of the Church event to be held on July 14 and July 15, 1995. The communication requests Council consider: 1) to waive the fees for the set up of road barriers on July 15, 1995; 2) the loan of 15 or 20 picnic tables; 3) the loan of each of 20 garbage and recycling containers; 4) the loan of 3 or 4 barriers for area near the garages; 5) and the use of a city sweeper to sweep the school yard on the morning of July 14, 1995 prior to the event. ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the requests be supported subject to established policy. Carried Unanimously. See Resolution No. 54 REPORTS MW-95-114 - Chief Administrative Officer - Re: Dust Control Quotation No. 95-51. The report recommends that staff be authorized to purchase approximately 350 toanes of Tembind at a cost of 495.23 per totme. ORDERED on the motion of Alderman Ward, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. - 74 - MW-95-115 - Chief Administrative Officer - Re: Contract No. 95-03, 1995 Hot Mix Asphalt Overlays. The report recommends that the unit prices submitted by the low tenderer, Norjohn Limited, be accepted and that the by-law appearing on tonight's agenda be passed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. See Resolution No. 55 See By-law No. 95-158 MVq-95-116 - Chief Administrative Officer - Re: Contract No. 95-16, Inspection of Sewers. The report recommends that the unit prices submitted by the low tenderer, Trans-Video Inspection be accepted for the contract and the authorizing by-law be passed. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. See By-law No. 95-154 MW-95-117 - Chief Administrative Officer - Re: Contract No. 95-17, High Pressure Hydraulic Cleaning of Sewers and Culverts. The report recommends that the unit prices submitted by the low tenderer, Trans-Video Inspection, be accepted for the contract and the authorizing by-law be passed. ORDERED on the motion of Alderman Susin, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously See By-law No. 95-153 R-95-49 - Chair, Canada Day Committee - Re: Canada Day, Free Swimming. The report recommends that City Council authorize free swimming at the four Municipal Pools on Saturday, July 1st, 1995, as part of the celebrations planned for Canada's 1281h birthday. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. R-95-54 - Chief Administrative Officer - Re: Chippawa Willoughby Memorial Arena; Chiller Compressor Replacement. The report recommends that Council approve the by-law appearing on this evening's agenda authorizing an agreement with Heco Ltd. to supply and install a new Brine Chiller and Ammonia Compressor at the Chippawa Willoughby Memorial Arena as per Tender No. 23-95. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and a~lopted. Carried Unanimously. See By-law No. 95-155 RATIHCATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, that the actions taken on the following matters by Community Services Committee, earlier this evening be approved: 1. Adoption of the Minutes of May 29, 1995 Community Services Committee Meeting; J MW-95-124 - Parking for City Hall Employees - that the report be received and filed for information, and that the City continue to provide free off-street, designated parking to City Hall employees - Opposed: Aldermen Volpatti, Craitor and Susin; MW-95-I13 - Municipal Works - Building Division Report for May, 1995 - that Report MW-95-113 be received and filed for information; MW-95-119 - Water/Wastewater Utility - Public Education/Awareness and Water Efficiency Month - that July be proclaimed as "Water Efficiency Month"; - MW-95-104 - City Hall Repairs & Renovations - that staff be authorized to proceed with the proposed repairs and renovations to City Hall as outlined in the report at a total estimated cost of $98,500 and that renovations be funded from the Mill Rate Stabilization Fund; MW-95-120 - Hydrogeological Work at City's Landfill Site - that the unit prices submitted by Jagger Hims Ltd. be accepted and the by-law be passed - Alderman Cummings declared a conflict of interest; MW-95-122 - Jack Bell Arena Improvements - that 1) Tender No. 19-95 - Painting of Arena Roof Trusses be awarded to Contour Architecteral Coatings Inc., for the sum of $28,552.95; 2) that Tender No. 21-95 - Roof Refinishing Jack Bell Arena be awarded to C.I.R. Painting and Industrial Coatings Ltd., for the sum of $59,278; and that Council pass the By-laws appearing on Council's agenda authorizing the necessary Agreements between the City and the successful Contractors; FD-95-03 - Purchase of Two (2) Cars for Fire Department - that the Tender for two (2) Four-Door Sedan automobiles be awarded to the low bidder, Autoland Chrysler Ltd., for a total price of $34,355.10; MVq-95-123 - Sidewalks in Westmeadow II Subdivision (2) - that curb-faced sidewalks be installed in the Westmeadow Subdivision; 10. MW'-95-121 - Status Report on Proposed Works for Weinbrenner Road - that the request to install street lights on Weinbrenner Road (east of Willoughby Drive) be granted at an estimated cost of $4,000 to be funded from the Mill Rate stabilization fund; that the information relating to requests for Transit Services be received and filed for information; that an on-site meeting be arranged with Mr. Muraco, Mayor Thomson, Aldermen Ward, Fisher and City staff to discuss maintenance of the ditch; and that correspondence be forwarded to the Ministry of Natural Resources to determine their position on enclosing the ditch - Alderman Volpatti - conflict of interest; 11. Landfill Front-End Loader (Lease Agreement Extension for Fernview) Discussion Item - that the Lease Agreement for Fernview for the Landfill Front-End Loader be extended until July 31, 1995 - Opposed - Alderman Susin; 12. 20-Bag Limit for Tourist Businesses (Discussion Item) - that the Tourist Businesses be given a 20-bag limit during the 1995 Summer Tourist Season. The motion Carried with Aldermen Craitor, Susin and Volpatti voting contrary to Report MW- 95-124; Alderman Cummings abstaining from the vote on a conflict of interest on Report MW- 95-120; Alderman Volpatti abstaining. from the vote on Report MW-95-121 on a conflict of interest; and Alderman Susin voting contrary to the motion regarding the Landfill front-end loader and with all others voting in favour, See By-law No. 95-156 F-95-22 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $2,265,348.28 for the period ending June 26, 1995, be approved by the passing of the by-law appearing later on the agenda. Further information was provided on Cheque Nos. 212843; 213052; 213057; and M90922. ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the report be received and adopted. The motion Carried with Alderman Craitor; Cummings, Susin and Ward abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. See By-law No. 95-161 - 76- RATIFICATION OF FINANCE COMMITTEE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the actiota taken on the following matters by Finance Committee, earlier this evening be approved: 1. Adoption of the Minutes of May 29, 1995 Finance Committee Meeting; 5 10. 11. HR-95-10 - Benefits Renewal 1995-1996 - that Sun Life Assurance Company and Seaboard Life be retained as the City's health benefit carriers for the period of June 1, 1995 to May 31, 1996; that projected savings be set in a reserve for a modified work program and used to offset future premium increase in health benefits as detailed in Report HR-95-10; YWCA of Niagara Falls - that staff be directed to assist the YWCA of Niagara Falls with their financial management and further that staff report to Committee as to their fiscal stares; FC-95-09 - Urban Service Area Refunds - that report be approved and refunds or rebates be issued to owners of properties, for their period of ownership, for Urban Service Rate levies on properties that never received urban services; FC-95-26 - Tax Balances at May 31, 1995 - that Report FC-95-26 be received for information; R-95-50 - Ontario Games for the Physically Disabled; request for Financial Assistance - that the costs associated for the use of Oakes Park (approximately $500) for the 1995 Ontario Games for the Physically Disabled on July 7 and 8, 1995, be waived as detailed in Report R-95-50; R-95-51 - Proposed Changes of City's Grant Request Form - that the recommendations outlined in Report R-95-51 of proposed changes to the City's Grant Request Form and Provincial, National, International Competition Grant Application be endorsed; Stamford United Chumh - Removal of Tree on Church Property - that the decayed tree at the Stamford United Church be removed by City staff; Rexanne Lacas - Request for Financial Assistance -that the matter be referred to the Canach Day Committee to investigate the possibility of a booth for fundraising at Canada Day celebrations; Humane Society Funding - that the correspondence regarding the Humane Society' s grant be received for information and that the Humane Society be advised of the Committee's position that enforcement of the by-laws for vicious dog and animal waste control continue to be incorporated into the funding for contract services; Regional Municipality of Niagara - 251h Anniversary Request for Financial Contribution - that the City participate in the 251h Anniversary Celebration of the Regional Municipality of Niagara by contributing its crest to be included in the remembrance Chain of Office at an anticipated cost of $200 to $250. 'Carried Unanimously. L - 77- CD-95-27 - Chief Administrative Officer - Re: Reduction and Refund of Taxes, for 4526 Portage Road; 4256 Portage Road; 7701 Lundy's Lane and 8175 McLeod Road, Under Section 443 of the Municipal Act. The report recommends the following: Property 1 - 4256 Portage Road, 27 25 040 004 09701- 0070, that an adjustment of taxes amounting to $724.00 for the year 1993 be made to 895029 Ontario Limited, T/A Stamford Pharmacy; Property 2 - 4256 Portage Road, 27 25 040 004 09701- 0075, that an adjustment of taxes amounting to $52.57 for the year 1993 be made to 895029 Ontario Limited, T/A Stamford Pharmacy; Property 3 - 7701 Lundy's Lane, 27 25 090 005 05900-0020, that an adjustment of taxes amounting to $733.56 for the year 1993 be made to Sue Khanna, T/A Last Minute Souvenirs; Property 4 - 8175 McLeod Road, 27 25 090 006 00100, that an adjustment of taxes amounting to $1,901.57 for the year 1992 and $1,909.09 for the year 1993 be made to Brookside Village Co-Op Homes Inc. ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. CI)-95-28 - Chief Administrative Officer - Re: Special Occasion Permits: 1) Niagara Falls Men's Fastball Association; 2) Niagara Fails Umpire Association; 3) Royal Canadian Legion Branch 51. The report recommends that Council indicate it has no objection to the issuance of a Special Occasion Permit to the organization listed in this Report. ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. L-95-43 - Chief Administrative Officer - Re: Ferguson Agreement with the City, Part 12 on Reference Plan 59R-7414; South Side of Detenbeck Road; West of Willoughby Drive. The report recommends that Council authorize the execution by the Mayor and Clerk of an Agreement dated January 31, 1995 between Ian Ferguson and the City regarding application for a Building Permit. ORDERED on the.motion of Alderman Hendershot, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. See By-law No. 95-150 L-95-46 - Chief Administrative Officer - Re: Lap Dancing, Adult Entertainment Parlours. The report recommends that this report be received and filed. ORDERED on the motion of Alderman Ward, seconded by Alderman Pietrangelo, that the report be received and filed. Carried Unanimously. 1.-9547 - Chief Administrative Officer - Re: Chum Shun Temple Encroachment Agreement with the City; 4303 River Road, Niagara Falls. The report recommends to permit the encroachment of a roof overhang upon the Buttrey Street Road Allowance. ORDERED on the motion of Alderman Susin, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. See By-law No. 95-148 L-95-48 - Chief Administrative Officer - Re: Home Occupations. The report recommends that the report be received and filed for the information of Council, Mr. Bob Crawford and Mrs. Beth Crawford, 6281 Barker Street responded to complaints and comments made at a previous Council meeting by owners of Donna's Pet Purlour. Mrs. Crawford stated that staff's report confirmed that she was not in breach of the by-law and that she was in full compliance with the legal requirements of operating a home business. During the discussion, it was ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that letter of apology from Donna's Pet Purlour be read by the Deputy Clerk. Carried Unanimously, - 78- The Chief Administrative Officer advised that a Council meeting was not the forum to make allegations or make slanderous comments and should not be extended to the public. He advised that in definition, the oral word is considered slander and the written word is liable and should be considered as such when speaking in a public forum. Following further discussion, it was ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the report be received and filed for the information of Council. Carried Unanimously L-95-49 - Chief Administrative Officer - Re: Municipal By-law Enforcement Officer Appointment; Municipal By-law Enforcement Officers. The report recommends that -Christopher Durdan be appointed as a Municipal By-law Enforcement Officer for the purpose of enforcing the by-laws of The Corporation of the City of Niagara Falls until September 30, 1995. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law No.95-147 L-95-52 - Chief Administrative Officer - Re: Property Standard Order; Ms. Jasmine Riley; 8394 & 8396 Willoughby Drive. The report recommends that Council retain a City Work Crew or a Contractor to forthwith complete the work which Jasmine Riley was directed to carry out under the Order of the Property Standards Committee, namely remove the inoperative vehicles from the subject property. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. L-95-53 - Chief Administrative Officer - Re: Quit Claim Transfer/Deed to Rosberg Stores Limited; Erie Avenue at Queen Street. The report recommends that the City of Niagara Falls quit claim and transfer any interest it may have in a right-of-way at the rear of the Rosberg Store parking lot on Erie Avenue at Queen Street. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. See By-law No. 95-149 L-95-54 - Chief Administrative Officer - Re: 8709 Lundy's Lane After Hours Club. The report recommends for the information of Council to be received and filed. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and filed. Carried Unanimously : RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the actions taken on the following matter by Committee-of-the-Whole, earlier this evening be approved: 1. That staff be directed to proceed with the advertisement and filling of the Manager of Accounting position. The motion .C. arried with Aldermen Orr and Susin voting contrary to the motion and with all others voting in favour. RESOLUTIONS NO. 51 - PIETRANGELO - VOLPATTI - BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby recognizes the United Way of Niagara Falls' Annual Media Sio-Pitch Tournament event being held on August 251h, 261h and 271h, 1995 and designates the event as a "community event"; AND The Seal of the Corporation be hereto affixed. Carried Unanimously I_ - NO. 52 - VOLPATTI - CUMMINGS - WHEREAS the Order of Sons of Italy of Ontario have requested a Pyretechnic Fireworks in conjunction with their annual picnic; AND WHEREAS the City of Niagara Falls Fire Department have provided the parameter with which to conduct such an event; AND WHEREAS these conditions are adhered to and the necessary insurance documents and request to the City Council as per City policy have been fulfilled; NOW THEEFOE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby endorses the holding of the Pyretechnic Fireworks on Sunday, July 9, 1995; AND The Seal of the Corporation be hereto affixed. Carried Unanimously NO. 53 - PIETRANGELO - FISHER - WHEREAS The Niagara Parks Commission have requested permission to carry out their annual fireworks displays over the Falls; AND WHEREAS permission has been received from Ontario Hydro to allow these fireworks to be shot off from their property; AND WHEREAS the necessary insurance documents and request to Council as per City policy have been fulfilled; NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby endorses the holding of the fireworks displays scheduled for July 1, 7, 14, 21, 28, August 4, 11, 18, 25 and September 1, 1995; AND The Seal of the Corporation be hereto affixed. Carried Unanimously NO. 54 - WARD - CUMMINGS - WHEREAS the St. Patrick's Church is celebrating their 100th Anniversary of the erection of the Church and the holding of services at the church; AND WHEREAS as a special event in celebration of St. Patrick's Church and the integral role it plays within the fabric of our community and the physical and spiritual presence it provides to the citizens of Niagara Falls; THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby supports the request by the St. Patrick's Church Social Committee to waive the fees for the set up of road barriers on July 15, 1995; the loan of 15-20 picnic tables; the loan of 20 each of garbage and recycling containers; the loan of 3 or 4 barriers and the use of a City Sweeper to sweep the school yard on the morning of July 14, 1995 prior to the event; AND The Seal of the Corporation be hereto affixed. Carried Unanimously NO. 55 - CUMMINGS - VOLPATTI - RESOLVED that the unit prices submitted by the low tendeter, Norjohn Limited, for Contract 95-03 - 1995 Hot Mix Asphalt Overlays, at the low tendered amount of $882,933.21, be accepted; AND The Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS His Worship Mayor Thomson read the following prior to the passing of the by-laws: "Council of The Corporation of the City of Niagara Falls has caused to be published in the Niagara Falls Review in its issues of June 3rd, 10th, 17th and 241h, 1995 a notice pursuant to the provisions of Section 300 of the Municipal Act that it proposes to pass a by-law at this evening's meeting to stop up and close Erie Avenue and Elizabeth Place between Queen Street and Morrison Street." His Worship Mayor Thomson received a negative response to his request of whether there was any person in attendance who claims that his/her land would prejudicially be affected by the closing and who applies to be heard. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that leave be granted to introduce the following by-laws, and the by-taws be read a first time: 95-143 A by-law to establish certain land as a public highway to be known as Elizabeth Place. (Report L-95,42, May 29/95) - 20 - 95-144 A by-law to establish certain land as a public highway to be known as Erie Avenue (Report L-95-42) 95-145 A by-law to stop up and close Elizabeth Place and Erie Avenue lying between Queen Street and Morrison SUet. (Report L-9542) 95-146 A by-law to amend by-law No. 79-200, as amended. (AM-12/95, Mount Cannel North Subdivision, Karen DeGiorgio) 95-147 A by-law to amend By-law No. 95-86, being a by-law to appoint Municipal By- law Enforcement Officers for the City of Niagara Falls. 95-148 A by-law to authorize the execution of an Encroachment Agreement with Cham Shan Temple for the purpose of permitting the encroachment of a roof overhang onto Buttrey Street. 95-149 A by-law to authorize the execution of a Quit Claim Transfer/Deed of a right-of- way over part of Lot 12 Block G Plan 999 & 1000 to Rosberg Stores Limited. 95-150 A by-law to authorize the execution of an agreement with Ian Ferguson as a condition of building permit application. 95-151 A by-law to amend Byqaw No. 70-69, being a by-law for that part of the former Township of Humberstone, now in the City of Niagara Falls. (AM-11/95, Susan Baiano, West side of Brookfield Rd.) 95-152 A by-law to amend By-law 79/200, as amended. (AM-I/95, Balloral Court Subdivision, Plan 2) 95-153 A by-law to authorize the execution of an agreement with Trans-Video Inspection Limited for high pressure hydraulic cleaning of sewers and culverts. 95-154 A by-law to authorize the execution of an agreement with Trans-Video Inspection Limited for T.V. inspection of sewers. 95-155 A by-law to authorize the execution of an agreement with HECO Limited respecting a refrigeration system for the Chippawa-Willoughby Arena. ' 95-156 A by-law to authorize the execution of an agreement with Jagget Hims Limited Consulting Engineers respecting hydrogeological monitoring at the Mountain Road Landfill Site. 95'157 A by-law to permit the parking of an antique car on the sidewalk in front of The Criminal Hall of Fame business at 575I Victoria Avenue. 95-158 A by-law to authorize the execution of an agreement with Norjphn Limited for 1995 hot mix asphalt overlays. 95-159 A by-law to authorize the execution of an agreement with Hotz Environmental Services Inc. respecting the operation of Household Hazm-dous Waste Days, 95-160 A by-law to authorize the execution of a Subdivision Agreement with 6661 Montrose Road Property Inc. and others respecting the Greenway Estates Plan of Subdivision, 95-161 A by-law to authorize monies for General Purposes (June 26, 1995) The motion Carried with Aldermen Craitor, Cummings, Susin and Ward abstaining from the vote on By-law No. 95-161 on conflicts of interest previously noted and with all Others voting in fayour. - 27 - His Worship Mayor Thomson read the following prior to the passing of the by-laws: "Council of The Corporation of the City of Niagara Falls has caused to be published in the Niagara Falls Review in its issues of June 3rd, 10th, 17th and 241h, 1995 a notice pursuant to the provisions of Section 300 of the Municipal Act that it proposes to pass a by-law at this evening's meeting to stop up and close Erie Avenue and Elizabeth Place between Queen Street and Morrison Street." His Worship Mayor Thomson received a negative response to his request of whether there was any person in attendance who claims that his/her land wouldl prejudicially be affected by the closing and who applies to be heard. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the following by-laws be now read a second and third time: 95-143 95-144 95-145 A by-law to establish certain land as a public highway to be known as Elizabeth Place. (Report L-95,42, May 29/95) A by-law- to establish certain land as a public highway to be known as Erie Avenue (Report L-95-42) A by-law to stop up and close Elizabeth Place and Erie Avenue lying between Queen Street and Morrison Street. (Report L-95-42) 95-146 A by-law to amend by-law No. 79-200, as amended. (AM-12/95, Mount Carmel North Subdivision, Karen DeGiorgio) 95-147 A by-law to amend By-law No. 95-86, being a by-law to appoint Municipal By- law Enforcement Officers for the City of Niagara Falls. 95-148 A by-law to authorize the execution of an Encroachment Agreement with Cham Shan Temple for the purpose of permitting the encroachment of a roof overhang onto Buttrey Street. 95-149 A by-law to authorize the execution of a Quit Claim Transfer/Deed of a right-of- way over part of Lot 12 Block G Plan 999 & 1000 to Rosberg Stores Limited. 95-150 95-151 95-152 A by-law to authorize the execution of an agreement with Ian Ferguson as a condition of building permit application. A by-law to amend By-law No. 70-69, being a by-law for that part of the former Township of Hnmberstone, now in the City of Niagara Falls. (AM-11/95, Susan Baiano, West side of Brookfield Rd.) A by-law to amend By-law 79/200, as amended, (AM-I/95, Balmoral Court Subdivision, Plan 2) 95-153 A by-law to authorize the execution of an agreement with Trans-Video Inspection Limited for high pressure hydraulic cleaning of sewers and culverts, 95-154 95-155 A by-law to authorize the execution of an agreement with Trans-Video Inspection Limited for T.V. inspection of sewers. A by-law to authorize the execution of an agreement with HECO Limited respecting a refrigeration system for the Chippawa-Willoughby Arena. READ AND ADOPTED, - 10- SECOND MEETING COMMITTEE OF THE WHOLE_ Committee Room #2 January 15, 1996 Council met on Monday, January 15, 1996 at 6:45 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Orr, were present. Alderman Wayne Campbell presided as Chairman. Following consideration of the items presented, the Committee of the Whole rose to report in open session. READ AND ADOPTED, MAYOR WAYNE THOMSON PLANNING/REGULAR MEETING Council Chambers January 15, 1996 Council met on Monday, January 15, 1996 at 7:30 p.m. for the purpose of considering Regular Business. All members of Council, with the exception of Alderman Orr, were present. Alderman Fermino Susin offered the Opening Prayer. ADOPTION OF MINUTES' ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the Minutes of the Special Meeting of December 14, 1995 and the Minutes of the Regular Meeting of Council of January 8, 1996 be adopted as printed. Carded Unanimously. DISCLOSURES OF PECUN~RY INTEREST Aldermen Cummings and Craitor indicated pecuniary interests on Report F-96-03, Cheque Nos, 218055, 218163 because members of their families are employed by the Region. Alderman Cummings indicated a pecuniary interest on Report PD-96-02 because Acres was involved. Alderman Ward indicated a pecuniary interest on Report CD-96-04, because he has a business interest. 1 COMMITTEE OF THE WHOLE Committee Room #2 July 10, 1995 Council met on Monday, July 10, 1995 at 7:00 p.m. in Committee of the Whole. All members of Council were present. Alderman Janvary presided as Chairman. Following consideration of the items presented, the Committee of the Whole rose to report in open session. READ AND ADOPTED, REGULAR MEETING Council Chambers July 10, 1995 Council met on Monday, July 10, 1995 at 7:30 p.m. for the purpose of considering Regular Business. All members of Council, were present. Alderman Bruce Ward offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the Minutes of the Planning/Regular Meeting of June 26, 1995 be adopted as printed. Carried Unanimously. DISCLOSURES OF PECUNIARY INTEREST Alderman Gary Hendershot, Alderman Paisley Janvary, and Alderman Wayne Campbell indicated a pecuniary interest on Communication item No. 208, and Report #F-95-23, Cheque Nos. M90957 and 213271 because the recipient is their employer. Alderman Victor Pietrangelo indicated a pecuniary interest on Communication item No.208, because the recipient is his employer; Report L-95-56 because his family is involved and Report #F- 95-23, Cheque Nos. M90957, 213271, M90955 and 213267 because the recipient is his employer. Alderman Kim Craitor indicated a pecuniary interest on Report #F-95-23, Cheque Nos. 213300 and 213 122 because the recipient is his wife's employer. Alderman Pat Cummings indicated a pecuniary interest on Communication item No. 210 as Acres Engineering was involved in a noise study of the property. Alderman Fermino Susin indicated a pecuniary interest on Orchard Grove Subdivision as he had a business association with the developer. -2- PRESENTATION Mr. Derek Miller of Rogers Cable T.V. presented a token of appreciation to the Mayor and Members of Council acknowledging the City's contribution to community programming. In reply to the Mayor's question on the status of live broadcasts of the Niagara Falls' Council meetings, Mr. Miller indicated that the television broadcast of Council meetings should be going live before September 1995. DEPUTATIONS Mr. Gary Pageau and Mr. Ed Dempsey were not in attendance, as advised by the City Clerk, as they were out of town on business respecting the Pension Supplement of Cyanamid employees and wanted Council to be aware of the situation. Orchard Grove Estates Mr. Victor Muratori addressed Council on behalf of Orchard Grove Estates to request that Council exercise its discretion as allowed by Rule 28 of By-law 89-135 and reconsider a matter that was dealt with on June 26, 1995. He recommended that Council deal with the issues raised in his submissions during the Council meeting of June 26 and exercise its discretion and consideration. One of the major issues at the public meeting was noise vibration and dust impact on the proposed plan of subdivision. The existing industrial uses immediately to the north of the proposed subdivision, is the Hodgson Steel operation, and provided a brief summary provided by Acres Engineering. This type of issue is generally addressed as part of the conditions as part of the subdMsion. If the Technical Report was available and if it had been given to Staff and the Ministry of the Environment, this potential issue could have been addressed, particularly Hodgson Steel. Secondly, the issue raised by local residents on the matter of traffic and potential use of Booth Street and its connection the proposed Plan of Subdivision, as a short-cut between Beaverdams and Kalar Roads. Booth Street would evemually be connected in some form or another to create a linkage with the lands being developed to the South. Alderman err reminded Council that this matter was just a request for consideration. Mr. Muratori suggested that Council re-consider and re-advertise a new public meeting again with published notice, the cost of which his client was prepared to absorb for the purpose of considering this issue on the merits. Alderman Craitor expressed concern of the public not being notified of tohight's meeting and City Solicitor, Ray Kallio informed Council that this did not have to be done for a reconsideration. Mr. Muratori stated that there were five points that should be considered: Recon~guration that is proposed by Staff would move the access of Kalar Road further to the South in a more suitable fashion than was originally anticipated. The northern portion is iraended to be the first phase and the question arises as to what happens to the truck traffic that is generated as the road system is developed. His client's submission is that an interim service road for trucks would be connected at the westedy extension of Woodsview Crescent and would provide for all truck traffic while the subdivision was being developed and then be sealed up after. -3- Sidewalks: There would be a linkage of sidewalks from Booth Street from Beaverdams Road through the subdivision all the way down to Lundy's Lane. Landscaping and Vegetation: Staff does not believe that this should or would be an issue, however, they plan to double the planting of trees from 250 to 500 which is equivalent to two trees per lot in the plan of subdivision. Natural Waterway and Pond: There is a letter written by the surveyor that prepared the survey stating that there is no body of water on this plan of subdivision such as a stream or a pond. All of these matters were raised during the public meeting. Full consideration should be reheard with notice properly circulated and special notice given to those people who artended and commented, so that they are aware that the matter is coming up for consideration. Alderman Hendershot voted in favour at the last meeting and again moved that it be reconsidered, seconded by Alderman err. Alderman Fisher qdestioned about Council's receipt of a letter from the Steel Workers Union; the letter requests the Clerk to noti~, the Union of any action taking place. Mr. George Teal, Area Co-ordinator for the Steel Workers Uniou had some concerns through Alderman Craitor: IfHodgson Steel wanted to expand and cause some additional noise, what effect would the developer have if they wanted to expand? Mr. Muratori replied that the Ministry of the Environment issues a provincial guide line for border industrial uses. This falls into a Class 2 and they investigate these uses and soundings. A berm and wall would reduce noise and that was not a rezoning issue at all.. The noise attenuation is at the boundary of the property. Warnings would be given to new buyers in the area.. Mr. Muratori responded that even if Council should elect to reconsider the matter for August 14, 1995, to maintain our status with respect to the existing decision of Council on June 261h, we probably will have to file an appeal to the Board so that we do not lose our rope. Sandra vanGrieken, Controller, Hodgson Steel, thoroughly explained different decibel readings and was extremely concerned about noise levels and advised that the reading at the fence line is 72, and she would like to see some clause similar to what CN would have. The first house in proximity to the plant would have to be provided with sealed windows and air-conditioners for geometric progression of decibels. The motion Carded with Alderman Cummings abstaining on a conflict of interest because Acres was involved; and Alderman Susin abstaining from the vote on a conflict of interest previously noted and with the following vote: AYE: Alderman Campbell, Craltor, Fisher, Hendershot, err, Pietrangelo, Puttick, Volpatti, Ward and Mayor Thomson. NAYE: Alderman Janvary. The public meeting will be held on August 14, 1995. Adult Entertainment Parlours Mr. Eric Wood addressed Council and was informed that Council could not reverse their decision made on December 13, 1994 or June 5, 1995. Following discussions on the subject, His Worship, Mayor Wayne Thomson, complimented Mr. Wood for what he had done so far and informed him that a copy of the Adult Entertainment Resolution was forwarded to AMO to be dealt with at their annual meeting in August. -4- ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti, that the correspondence be received and filed. Carried Unanimously. REPORTS PD-95-106 - Chief Administrative Officer - Site Plan Approval - SPC-10/95; Proposed Addition to Roman Cheese; 7770 Canadian Drive. The report recommends that Council approve the site plan for the proposed 40,000 sq. ~. warehouse addition to the Roman Cheese processing facility located at 7770 Canadian Drive. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman err that the report be received and adopted. Carried Unanimously. RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the actions taken on the following matters by Community Services Committee, earlier this evening be approved: 1. Adoption of the Minutes of the June 26, 1995 Community Services Committee Meeting: R-95-58 - Feasibility Study for Community Recreation Facilities: A new Y.M.C.A. and a Community Swimming Pool - that City Council approve the Terms of Reference for the Feasibility Study and that: an application be submitted to the Ministry of Citizenship, Culture and Recreation for a grant for one-third funding for the Study; the portion ($42,000) of funds returned by the Ontario Winter Games that Council previously approved be given to the Y,M.C.A. be now used as the City's portion of the Study; the cost-sharing as explained in the report be approved; and that City staff continue to work co-operatively with the Y.M.C.A., Seniors and others throughout the Study process, - Opposed Aldermen Craitor, Fisher, err, Puttick; L-95-57 - Request to Amend Fence By-law - that report L-95-57 be received and filed for information; Centennial Square and Queen Street Redevelopment Program - that proposal #3 for Centennial Square and Queen Street Redevelopment Program be endorsed. - Opposed: Aldermen Puttick, Pietrangelo and Campbell; Alderman err, IZonflict of Interest; Ferry Street Landscaping - That the "Status Quo" Proposal supported by the area businesses for Ferry Street Streetstaping be approved; R-95-53 - Update Report for E. E. Mitchelson Park "Home for Soccer" Proposed Soccer Building - that Council approve the participation with the Soccer representatives of the proposed Park building (Soccer Club House) as part of the final phase of the E. E. Mitchelson Park 'Home for Soccer' project; Appointment of two (2) Elected Officials to the Niagara Falls Transportation Study Steering Committe~ - that Aldermen Hendershot and Alderman Bruce Ward be appointed to serve on the Niagara Falls Transportation Study Steering Committee and that. Mayor Wayne Thomson be appointed Ex-Officio. Chippawa Flooding and Flood Relief Update - that surplus money from the Casey Subdivision Flooding Relief Program be redirected to the Chippawa Area Flooding Relief Works and that gaff reporton details at the next meeting - Opposed: Aldermen Craitor and .Puttick. -5- The motion Carried with Aldermen Craitor, Fisher, Orr and Puttick voting contrary to Report R-95- 58; Aldermen Puttick, Pietrangelo and Campbell voting contrary to Proposal #3 for Centennial Square and Alderman err abstaining from the vote on a conflict of interest; Aldermen Craitor and Puttick voting contrary to the Chippawa Flooding and Flood Relief Update, and with all others voting in fayour. COMMUNICATIONS Communication No. 204 - United Way of Niagara Falls - Re: Annual Media Slo-Pitch Tournament. The communication requests that the Mayor and members of Council serve as "Celebrity Umpires" for the All-Star Game on August 26, 1995. This was met with a favourable response from most of Council. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher. Carried Unanimously Communication No. 205 -Brock University Student's Union-Re: Proclamation- "Shinerama Days". The communication requests Council proclaim September 3 - 9, 1995 as "Shinerams Days" to raise funds for Cystic Fibrosis. ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the request be approved subject to esfablished policy. Carded Unanimously. See Resolution No. 56 Communication No. 206 - Community Living, Niagara Falls - Re: Proclamation - "Community Living Week". The communication requests Council proclaim the week of August 13 to 19, 1995 as "Community Living Week". ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary, that the request be approved subject to established policy. Carried Unanimously. See Resolution No. 57 Communication No: 207 - Ontario Parks Association - Re: Proclamation - "Community Parks Week". The communication requests Council proclaim the week of October 1 - 7, 1995 as "Community Parks Week". ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the request be approved subject to established policy. Carried Unanimously. See Resolution No. 58 Communication No. 208 - City of Welland - Re: Funding to Boards of Education through local Municipal tax base. The communication requests Council support and endorsement of resolution requesting the Province of Ontario be requested to either eliminate or cap the funding available to boards of education through the education component of the local municipal tax base. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the request be received and filed for the consideration of Council. The motion Carried with Aldermen Hendershot, Janvary, Pietrangelo and Campbell abstaining from the vote on a conflict of interest previously noted and with all others voting in fayour. Communication No. 209 - Petition from the residents of Coronation Park - Re: Playground Equipment. The communication requests Council consider installing creative playground equipment in 1996 in Coronation Park. ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that the matter be referred to staff. Carried Unanimously. Communication No. 210 - Canadian Niagara Hotels Inc. - Re: Proposed Rainbow Bridge Development. The communication provides information on the position of the Canadian Niagara Hotels Inc. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor that the communication by received and filed for the Information of Council. The motion Carri¢~l with Alderman Cummings abstaining from the vote on a conflict of interest previously noted, Alderman Craitor abstaining from the vote on a conflict of interest because his employer is involved, and with all others voting in favour. -6- REPORTS MW-95-127 - Chief Administrative Officer - Re: Sylvia Place Market. The report recommends that the report be received and filed for the Information of Council. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher that the report be received and filed for the Information of Council. Carried Unanimously. MV~-95-128 - Chief Administrative Officer - Re: Servicing Agreement with Mr. Marie Iafrate. The report recommends that Council approve the By-law appearing on this evening's agenda authorizing the agreement with Mr. Marie Iafrate of Sherkwood Golf School and Eagle Valley Golf Course, St. Paul Avenue providing for the construction and installation of a sanitary sewage Pumping Station and approximately 290 metres of 100 millimetre and 150 millimetre forcemain and associated appurtenances for the sum of $46,000.00 ORDERED on the motion of Alderman Craitor, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. See By-law No· 95-166 F-95-23 - ChiefAdministrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $14,767,709.37 for the period ending July 10, 1995, be approved by the passing of the by-law appearing later on the agenda. ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the report be received and adopted· The motion Carried with Aldermen Hendershot, Janvary, Pietrangelo, Campbell, and Craltor abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. See By-Law No. 95-168 CD-95-29 - Chief Administrative Officer- Re: AM-26/92, Restricted Area By-law 95-140, 7655 Thorold Stone Road, V. Biamonte. The report recommends that Council reaffirm its approval of By-law 95-140 in order that the Clerk may notify the Ontario Municipal Board at the same time as he forwards the By-law and letter of objection to the Board with the request for a Hearing. ORDERED on the motion of Alderman Ward, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. CD-95-30 -Chief Administrative Officer - Re: Special Occasion Permits: 1) Canadian Corps Unit 104; 2) Niagara Falls Volunteer Bureau. The report recommends that Council indicate it has no objection to the issuance of a Special Occasion Permit to each of the organizations listed in this Report. ~ ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. CD-95-18 - Chief Administrative Officer - Re: Contracting of Mail Services. The report recommends that Council authorize the contracting of Mail Services with The Canadian Mail Exchange, for a period of one year. ORDERED on the motion of Alderman Craitor, seconded by Alderman Susin, that the report be received and adopted, Carded Unanimously. See By-law No. 95-169 CD-9541 - Chief Administrative Officer - Re: Clerk's Statement on Candidates Disclosure. The report recommends that the report be received and filed for the Information of Council. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that the report be received and filed, Carded Unanimously. ' ' CD-95-32 - Chief Administrative Officer - Re: Reschedule of Council 1995. The report recommends that Council pass the By-law appearing on this evenings ageada adopting a change in the Schedule of Meetings to allow the Planning Meeting originally scheduled for August 28, 1995, to be advanced to August 14, 1995. L -7- ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously. See By-law No. 95-167 L-95-45 - Chief Administrative Officer - Re: Bongers Licence Agreement with the City. The report recommends that the City of Niagara Falls enter into a Licence Agreement between Harry Bengets and the City for the purpose of licencing certain lands at Lundy's Lane and Garner Road to Mr. Bengets for agricultural use for an annual fee of $400.00 and the Mayor and Clerk be authorized to execute the said Agreement. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the report be received and adopted. The motion Carried with Alderman Ward abstaining from the vote on a conflict of interest because he owns land adjacent to the parcel of land. L-95-55 - Chief Administrative Officer - Re: Sign Application; Donut Diner, 3969 Montrose Road. The report recommends that Council approve the application for a ground sign having a height of twenty-nine feet (29') for the Donut Diner at Therewest Plaza, 3969 Montrose Road. ORDERED on the motion of Alderman Fisher, seconded by Aldernmn Pietrangelo, that the report be received and adopted· Carried Unanimously. L-95-56 - Chief Adminiitrative Officer - Re: Estate of Antonio Pietrangelo, Carl Road and Montrose Road. The report recommends that the report be received and filed for the Information of Council. ORDERED on the motion of Alderman err, seconded by Alderman Craitor, that the report be received and filed for the Information of Council. The motion Carried with Alderman Pietrangelo abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. His Worship Mayor Thomson advised Council of recent media coverage in the St. Catharines Standard and the Niagara Falls Review and their distorted views of his campaign celebration expenditures. He explained that the $5,000.00 in question, was not his money, and all monies were raised by people assisting in his campaign. Alderman Kim Craitor also advised that $8,000.00 was donated for his campaign by people who wanted to support him in his community. RATIFICATION OF COMMITTEE-OF-THE-WHOLE-ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Susin, that the actions taken by Committee-of-the-Whole, earlier this evening be approved: That the City enter into an assignment agreement with Canadian Imperial Bank of Commerce whereby the Canadian Imperial Bank of Commerce will accept an assignment of Mortgage No. 673571 between Canadian Imperial Bank of Commerce and Kingsbridge Theatre On The Square Niagara Inc. and assignment of a loan made between Canadian Imperial Bank of Commerce and Kingsbridge Theatre in the amount of $75,000.00., and that a by-law be passed to authorize the Mayor and Clerk to sign the assignment agreement. Further, that the City Solicitor be authorized to commence foreclosure action and personal action o,n a loan against Kingsbridge Theatre, to realize and protect the City's security. · Secondly, that the City take an assignment of a personal guarantee given by Mr. Anthony Cudgin to Canadian Imperial Bank of Commerce respecting Kingsbridge Theatre and to authorize the City Solicitor to make a formal demand for payment from Mr. Gudgin and to take, or to commence legal action against them should payment not be forthcoming. The motion Carded with Alderman Puttick voting in conflict of interest and with all others voting in fayour. -8- RESOLUTIONS NO. 56 - CUMMINGS - CRAITOR - BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby recognizes the Brock University Students' Union Shinerams Days evem being held the week of September 3 - 9, 1995 to raise funds for Cystic Fibrosis; AND The Seal of the Corporation be hereto affixed. Carried Unanimously. NO. 57 - VOLPATFI - JANVARY - BE 1T RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby recognizes Community Living, Niagara Falls' Community Living Week being held the week of August 13 - 19, 1995; AND The Seal of the Corporation be hereto affixed. Carded Unanimously~ NO. 58 - CUMMINGS - FISHER - BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby proclaims the week of October 1 - 7, 1995 as Community Parks Week; AND The Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Susin, seconded by Alderman Ward that By-law 95-164 be deleted. Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings, that leave be granted to introduce the following by-laws, and the by-laws to read a first time: 95-162 A by-law to authorize the execution of an agreement with C.I.R. Painting & Industrial Coatings Ltd. for roof refinishing at the Jack Bell Arena. 95-163 A by-law to authorize the execution of an agreement with Contour Architectural Coatings Inc. for the painting of steel arena reef tresses at the Jack Bell Arena. 95'165 A by-law to authorize the execution of a licenee agreement with Harry Bongers for the purpose of permitting Mr. Bengets to use certain land for agricultural purposes. 95-166 A by-law to authorize the execution of an agreemen{ with Marie Iafrate. 95-167 A by-law to amend By-law No. 89-155, as amended, being a by-law to provide for the Standing Rules of the Council. 95-168 A by-law to authorize monies for General Purposes (July 10, 1995). 95'169 A by-law to authorize the execution of an agreement with Gateway Mailing Services for the provision of postage services. 95'170 A by-law to accept the assignment of the mortgage. The motion Carried with Aldermen Hendershot, Janvary, Campbell, Pietrangelo, Craitor, abstaining from the vote on By-law No. 95-168 on conflicts of interest previously noted and with all others · voting in layout. ORDERED on the motion of Alderman Susin, seconded by Alderman Ward that By-law 95-164 be deleted. Carded Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the -, following by-laws be now read a second and third time: r L 95-162 95-163 95-165 95-166 95-167 95-168 95-169 95-170 -9- A by-law to authorize the execution of an agreement with C.I.R. Painting & Industrial Coatings Ltd. for roof refinishing at the Jack Bell Arena. A by-law to authorize the execution of an agreement with contour Architectural Coatings Inc. for the painting of steel arena roof trusses at the Jack Bell Arena. A by-law to authorize the execution of a licence agreement with Harry Bengets for the purpose of permitting Mr. Bengets to use certain land for agricultural purposes. A by-law to authorize the execution of an agreement with Marie lafrate. A by-law to amend By-law No. 89-155, as amended, being a by-law to provide for the Standing Rules of the Council. A by-law to authorize monies for General Purposes (July 10, 1995). A by-law to authorize the execution of an agreement with Gateway Mailing Services for the provision of postage services. A by-law 16 accept the assignment of the mortgage. The motion Carded with Aldermen Hendershot, Janvary, Campbell, Pietrangelo, Craitor, abstaining from the vote on By-law No. 95-168 on conflicts of interest previously noted and with all others voting in favour. Sodom Road NEW BUSINESS Alderman 0IT referred to an article in the Niagara Falls Review recently, respecting the origin of naming of Sodore Road. ORDERED on the motion of Alderman Orr, seconded by Alderman Fisher that information be obtained from the Social Planning Council in respect to their involvement in this type of activity. The motion Carried with Alderman Craitor contrary to the motion and with all others voting in favour. Niagara Recycling Alderman Ward, Chairman of the Niagara Recycling Board reported that the City would recgive a payment of $390,000.00 derived from the approximate profit of $1,000,000.00. Gary Pillitteri. M.P. ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that Gary Pillitte~i, M.P., be invited to attend a Council meeting prior to calling of the House in the Fall of 1995 and be prepared to answer "highlighted" questions with respect to down-loading, Carried Unanimously. Ward System - 10- Alderman Craitor commented that the whole purpose was to provide a better government. Alderman Cummings indicated that he ~vould vote contrary to rural meetings and in his opinion, everyone should attend Council meetings at City of Niagara Falls. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo that public meetings of the Ward" System Review Committee be held in respective Wards prior to the matter coming before Council. Overnight Parking ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward that, following complaints received by the Mayor's office, information on the overnight parking By-law and its enforcement be re-examined by the Parking and Traffic Committee. Carried Unanimously. Canada Day Alderman Hendershot gave a preliminary statement on Canada Day Celebrations and reported a break-even, or small profit situation, due in part to sponsors such as the Ministry of Culture, Tim Hortons, various Service Clubs and those who had bingos. He was congratulated on a job well done. Niagara Falls Stunt Alderman Craitor expressed concern on costs of illegal stunts as opposed to fines being levied on individuals going over the Falls, especially the jeopardy that people are put in with rescue efforts. Golf Tournament Alderman Craitor challenged Mayor Thomson to a one-hole golf game on July 20, 1995 at 9:00 p.m. at the Niagara Parks Commission Golf Course in conjunctidn with the longest day of golf, and Alderman Craltor is to make a donation to the Cancer Society. City Hall Telephone System ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo that there be public input and review of the telephone system at City Hall; this was prompted by reports of Mayor Mel Lastman's removal of voice mail from every office at City Hall in North Yolk, Toronto. Carded Unanimously. .. ORDERED on the motion of Alderman Puttick, seconded by Alderman Pietrangelo, that the · meeting be adjourned. Carded Unanimously, -ll- READ AND ADOPTED, COMMITTEE OF THE WHOLE Committee Room #2 July 24, 1995 Council met on Monday, July 24, 1995 at 6:30 p.m. in Committee of the Whole. All members of Council were present. Alderman Fermino Susin presided as Chairman. Following consideration of the items presented, the Committee of the Whole reported in open session. READ AND ADOPTED, REGULAR COUNCIL Council Chambers July 24, 1995 Council met on Monday, July 24, 1995 at 7:30 p.m. for the purpose of considering Regular Business. All members of Council, were present. Alderman Gary Hendershot offered the Opening Prayer. ADOPTION OF MINUTES Alderman Victor Pietrangelo requested that the Minutes of July 10, 1995 be amended to reflect his conflict of interest on Report L-95-57. ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the Minutes of the Regular Meeting of July 10, 1995 be adopted as amended. Carried Unanimously, DISCLOSURES OF PECUNIARY INTEREST Alderman Cummings indicated a pecuniary interest on Report F-95-24, Cheque No. 213568 because Acres is involved; Cheque Nos. 213521; 213397; M90982 and 21372,7, because a member of his family is employed by the Region. Alderman Fisher indicated a pecuniary interest on Report MW-95-130, Chippawa West Stage 1 Subdivision, because she is involved in the project, Alderman Susin indicated a pecuniary interest on Report L-95-61 and By-law No. 95-180 because he had worked in the Marisa Subdivision; indicated a pecuniary interest on Report F-95-24, Cheque No. 213709, because members of his family are volunteer firefighters. -2- Alderman Orr indicated a pecuniary interest on Report F-95-24, Cheque No. 213708 because a member of her family is involved. Alderman Craitor indicated a pecuniary interest on Report F-95-24, Cheque No. 213718, because he sits on the Board as a volunteer member; and indicated a pecuniary interest on Cheque Nos. 21352, 213397, M90982, 213727, because the recipient is his spouse's employer. Alderman Ward indicated a pecuniary interest on Report F-95-24, Cheque No. 2133~8, because he has a business interest. '{li',!r! ! PRESENTATIONS Prior to dealing with Regular Council matters, His Worship Mayor Thomson presented a token of appreciation on behalf of the City, to Alderman Norm Puttick, on the occasion of his 65th birthday and in recognition of 27 years of service and dedication in representing the City of Niagare Falls as an Alderman. Mr. Chuck Baltjes-Chataway, Economic Development Department, provided a brief overview of the new "Ambassador" program involving senior executives from various companies and introduced Mr. Rick Rathfelder, Chairman Economic Development Advisory Board, who commented that all the Ambassadors were high profile business leaders who have accepted their positions as "Ambassadors" to represent the City of Niagara Falls during their International travels and to convey the message that Niagara Falls was a great place to visit, the perfect place to live and a superior location to do business and introduced the Ambassadors to members of Council. His Worship Mayor Thomson expressed sincere thanks, on behalf of the community, to the Ambassadors for their participation and presented tokens of appreciation to Mr. Jim Perry, GEON of Canada; Mr. Bruce McClennan, Acres International Ltd.; Me. Ev McTaggart, Niagara Helicopters; Mr. Paul Mountain, Niagara Airbus; Mr. Keith Schmiedl, John Coutts Library Service and Mr. Kevin Gostlow, John Coutts Library Service. Mr. Kent Miller, Rbadmaster Leisure Inc., and Mr. Tim Pattereon, GEON of Canada were unable to attend due to prior commitments. DEPUTATIONS Mr. Doug Allingham, Totten Sims Hubicki Associates, provided a brief update on the People Mover System Feasibility Study through the use of slides. Mr. Allingham reviewed the Decision Sequence; the Capacity vs Capital Cost; the Study Objectives; How Issues were identified and Assessed; the Existing Transportation Constraints; the Opportunities to Enhance Visitor Transit; Rider Demand; the Examination of Park and Main Toudst Areas and other Destinations within the Region and Niagara Falls; System Function Recommendations; Service Area High Capacity; Configuration Cost Implications; Who Would Benefit from Expanded System; the Consensus on Key Issues; Recommendations - Next Steps; Financing Options; the Integrated Approach and Implementation. Mr. Allingham indicated that a final report was being prepared and would be presented to Council at a future date. His Worship Mayor Thomson thanked Mr. Allingham for his. presentation. -3- Victoria Avenue Property and Business Owners Association Mr. Gino Romeo, addressed Council on behalf of the Victoria Avenue Property and Business Owners Association and requested to have representation of the Victoria Avenue Property and Business Owners Association on the Parking and Traffic Committee. During the discussion, it was noted that the issue had been dealt with at a previous Parking & Traffic Committee meeting and that the request had been denied. Following further discussion, it was ORDERED on the motion of Alderman Ward, seconded by Alderman Campbell, that the matter be referred to the Parking and Traffic Committee, and further that Mr. Romeo meet with staff, the Chairman of the Parking and Traffic Committee and Mayor Thomson to discuss the matter. The motion Carried with Aldermen Craitor, Orr and Volpatti voting contrary to the motion and with all others voting in favour. Niaaara Falls Thunder Mr. Sherry Bassin, Niagara Falls Thunder, provided a TSN video presentation featuring Jay McKee, a member of the Niagara Falls Thunder; discussed the goals and . objectives of the league including the hosting of a Memorial Cup event in Niagara Falls; stated that the Niagara Falls Thunder was a highly-respected and high-profile league and requested that the Community support the team. Mr. Bassin thanked members for the opportunity to address Council. Licencinq and Requlating of Cats Mr. Clayton Letoumeau expressed concerns regarding cat owners who are not looking after their animals and the issue of licencing and regulating cats. He indicated cat owners should accept responsibility for their animals and requested that the matter regarding the regulating and licencing of cats be investigated. Ms. Helna Deahms, a resident in the McLeod Road area, expressed concerns regarding the destruction to her property by cats in the area; the fouling by cats and the odour in th area and requested that the matter of regulating and controlling cats be looked into. Alderman Craitor referred to municipalities of North Bay, Hamilton, Toronto, Cumberland and Scarborough who had by-laws in place regarding the regulating and control of cats. Following further discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti, that the matter be referred to the Humane Society for a repoi't regarding what other municipalities are doing with respect to a Iicencing and regulating of cats by-law. Carried Unanimously, -4- Multiple Day Monte Carlo Events Mr. Rick O'Banion, Pegasus, addressed the issue of charity casinos and restrictions on when they can operete; he informed the Ministry and the Ontario Gaming Commission stated that each charity may only be the recipient of a casino once per week and that a hall can only be used to hold a charity casino once per month. He fudher indicated that the Ministry had given the municipality the power to impose further restrictions and that the City of Niagara Falls restricts events to one charity being a recipient of a casino once every three months. Mr. O'Banion referred to the clause which had previously been in the Municipal Policy respecting multiple day Monte Carlo events which stated that "where no event has been applied for eight (8) weeks prior to an open week, applications will be accepted from an organization previously approved to conduct a Multiple Day Monte Carlo Event during that quarter. The intent is to allow for a full schedule of events." Mr. O'Banion requested that Council consider reinstating the clause to allow charities who wished to run more often to be allowed to do so. The City Clerk advised there were no objections to Mr. O'Banion's request of reinstating the clause respecting mutliple day Monte Carlo events, and indicated that the situation would be assessed as to whether charities wished to run multiple events. The Lottery Licence Inspector responded to concerns regarding the conducting of events and indicated that the lack of interest was due to a lack of profitability; she stated there were no objections to putting the clause back and it would indicate whether charities would continue to run and whether charities would run numerous events and advised that the situation would be studied. Following some discussion, it was ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the clause in the municipal policy respecting the conducting of multiple day Monte Carlo events be reinstated. The motion Carried with Aldermen Craitor and Orr voting contrary to the motion and with all others voting in favour. Alderman Judy Orr left the meeting. COMMUNICATIONS Communication No. 211 - Life Lease Canada Inc. - Re: Innovation Housing Programs and Options. The communication provides information regarding alternative affordable housing programs and options. ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the matter be referred to Non-Profit Housing, Carried Unanimously. CommunicaUon No. 212 - Niagara Falls Canada Visitor & Convention Bureau ~ The communication requests the City's assistance in getting the Bureau's back parking lot paved and further requesting the City's assistance in installing outdoor public washrooms. His Worship Mayor Thomson suggested that a survey of the whole parking lot area be done in order to determine how traffic can be controlled in the area and how it could be tied-in with the new City parking lot; and that the issue of signage be addressed. ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the matter be referred to staff. Carried Unanimously. L -5- Communication No. 2'13 - City of Burlington - Re: Market Value Assessment. The communication requests Council support and endorsement of the City of Burlington's resolution with respect to the implementation of Region-wide Assessment and that the City of Burlington re-affirms its support for reform of existing assessment legislation to incorporate some form of caps or rolling averages to even out the shifts resulting from reassessments. ORDERED on the motion of Alderman Campbell, seconded by Alderman Pietrangelo, that Council supports the resolution respecting Market Value Assessment. Carried Unanimously. Communication No. 214 - Joanne McKinley-Molodynia - Re: Man-A-Mile Relay Race. The communication requests permission to use of the Municipal Roads on Monday, October 9, 1995 for the Man-A-Mile Relay Race. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings, that the request be approved subject to established policy. Carried Unanimously_=. Communication No. 215 - Rhonda Coleman - Re: Ward System changes. The communication provides comments on the changes to the Ward System.. Alderman Craitor, Chairman, Ward System Committee, advised that meetings would be scheduled at a later date in order to obtain public input and that he would keep Council informed. · ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the matter be referred to the Ward System Review Committee. Carried Unanimously· Communication No. 216 - Leo and Anita Lavallee - Re: Neighbourhood Petition of the Monroe and Taylor Streets area residents. The communication expresses concerns regarding the behaviour of a certain pit bull dog and requests Council consideration regarding what can be done about the animal. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the matter be referred to staff. Carried Unanimously. Communication No. 2'17 - The Chamber of Commerce, Niagara Falls, Canada - Re: Disposition of Ontario Winter Games Surplus Funds. The communication requests Council consideration of the disposition of the reserve of $100,000.00 of taxpayers' money. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the communication be received and filed. Carried Unanimously. Communication No. 218 - Niagara Falls Sunrise Rotary Club - Re: Art by the Falls Arts and Crafts Show, September 15, 16 and 17, 1995. The communication requests Council support in designating the Show as a "Community Festival ". ORDERED on the motion of Alderman Susin, seconded by Alderman Janvary, that the event be proclaimed as a "community festival". Carried Unanimously. See Resolution No. 59 CommUnication No. 219 - Regional Niagara, Health Services Department - Re: Regional Smoke-Free Public Places By-law. The communication requests Council comments on Draft document. ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, tl~at His Worship Mayor Thomson and the Chief Administrative Officer provide comments, on behalf of the City, to the draft Regional Smoke-Free Public Places By-law and that the City endorses the Region-wide Smoke Free Public Places By-law, Carried Unanimously. -6- Communication No. 220 - Brookfield Park Residents - Re: Brookfield Park Playspace Equipment. The communication requests that new playground equipment should replace the playground equipment that had been previously removed from the park. - AND - Communication No. 221 - Correspondence from Dr. and Mrs. George E. Burgman. The communication advises as being opposed to the proposal. Mr. Chris Cairns, representing the Brookfield Park Residents, discussed the proposed plan for the Brookfield Park playspace through the use of slides; referred to the proposed configuration of the Brookfield park and the Ontario Hydro right of way; expressed concerns with respect to the safety of the roof structure and requested that the creative playground equipment be modified. Mr. Cairns submitted a letter of objection from Dr. and Mrs. Burgman regarding the proposed playstructure. The Manager of Parks and Recreation responded to inquiries respecting Ontario Hydro surplus lands and indicated that Ontario Hydro was considering selling off some of their properties in order to generate additional revenue and until some sort of criteria was established regarding the matter, they have frozen some of their lands. Following further discussion, it was ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher, to approve the placement of the modified creative playground equipment in the park without the roof structure and to keep the proposed colours. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that correspondence from the Brookfield Park Residents and correspondence from Dr. & Mrs. Burgman be received and filed. Carried Unanimously. REPORTS CS-95-04 - Chief Administrative Officer - Re: Executive Summary of Economic Impact of The 1994 Canadian National SIo-Pitch Championships. The communication recommends that Council receive the information contained in the Executive Summary of the Economic Impact of the 1994 Canadian National SIo-pitch Championships. ~ ORDERED on the motion of Alderman Janvary, seconded by Alderman Pietrangelo, that the report be received and filed. Carried Unanimously. MW-95-133 - Chief Administrative Officer - Re: Appointment of Inspector, Robert Capitano. The report recommends that Robert Capitano be appointed as an Inspector pursuant to the Building Code Act 1992 and that By-law 93-283 be amended accordingly. ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the report be received and adopted. Carried UnanimousIv. See By-law No. 95-171 MW-95-134 - Chief Administrative Officer - Re: Contract 95-08, Surface Treatment of Roads, The report recommends that the unit prices submitted by the low tenderer, Norjohn Limited, be accepted and that the by-law appearing on tonight's agenda be passed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. See Resolution No, 60 See By-law No, 95-172 - 7- MW-95-135 - Chief Administrative Officer - Re: Contract 95-02-11, 1995 Sidewalk & Concrete Repair Program. The report recommends that unit prices submitted by the low tenderer, Sacco Construction Limited, be accepted and that the by-law appearing on tonight's agenda be passed. ORDERED on the motion of Alderman Susin, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. See Resolution No. 61 See By-law No. 95-173 MW-95-136- Chief Administrative Officer - Re: Contract 95-02-111, 1995 Sidewalk & Concrete Repair Program. The report recommends that unit prices submitted by the low tenderer, Alfidome Construction Limited, be accepted and that the by-law appearing on tonight's agenda be passed. During the discussion, it was noted that the Director of Finance, the Director of Municipal Works, the Chief Administrative Officer and other senior staff prepare a report regarding how the cutbacks would impact on some of the City's programs. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. See Resolution No. 62 See By-law No. 95-174 MW-95-130 - Chief Administrative Officer - Re: 1) Sanitary Sewer Easement on Future Road Allowance (Nassau Drive) Chippawa West Stage I Subdivision, Plan 59R-9122; 2) Dedication of 0.3m. (1 ft.) reserve at the end of Bishop Avenue, Mount Carmel II Subdivision, Block 182, Plan 59M-183. The report recommends the following: 1. That the by-law authorizing staff to sign the grant of easement be approved; 2. That the by-law authorizing the dedication of the 0.3m (1 ft.) reserve as public highway be approved. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo, that the report be received and adopted. The motion Carried with Alderman Fisher abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. See By-law No. 95-182 See By-law No. 95-183 MW-95-140 - Chairperson, Municipal Parking & Traffic Committee - Re: Municipal Parking & Traffic Committee Recommendations, July 18, 1995 Meeting. The report recommends the following: Frederica Street ~ Prince Edward Avenue - That 1) an all-way stop control be · erected at the intersection of Prince Edward Avenue; and that 2) a "stop ahead" sign be erected on Frederica Street in advance of the intersection for eastbound traffic; Overniaht Parkine By-law Enforcement - that regular night enforcement of the overnight parking by-law be temporarily suspended, to respond to complaints only, until staff has had an opportunity to prepare a study (in approximately 2 months); -8- Dunn Street between Niagara College and Level Avenue - Parkina restrictions - that the City request the Region of Niagara post extend the "no parking" restriction on Dunn Street from in front of Niagara College to Level Avenue; 4448 Huron Street - Removal of Parking Meter - that the meter in front of 4448 Huron Street be removed to accommodate a driveway depression to permit front yard parking; Victoria Avenue Property & Business Owners Assoc. - Request for Representation - that the request to have a representative from the Victoria avenue Property and 'Business Owners Association to sit on the Municipal Parking and Traffic Committee, be denied; Handical3Ded Parking - that any handicapped person from out of Province or State or local be permitted to park "free of charge" at any meter or handicapped zone; Downtown ParkinQ Meters - that all the one-hour time limit parking meters in the Downtown be changed to a two-hour time limit; Lundv's Lane Speedina - that City Council request a follow-up report from Regional Council regarding the status of the review by Regional staff concerning the fatality that occurred at the intersection of Lundy's Lane and Belmont Avenue; Barbara Drive and Fern Avenue - Stop Sign - that a stop sign be erected on the northeast corner of Barbara Street at Fern Avenue. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the report be received and adopted. The motion Carried with Alderman Janvary voting contrary to the motion and with all others voting in favour. See By-law No. 95-186 See By-law No. 95-187 RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the actions taken on the following matters by the Commur~ity Services Committee, earlier this evening; be approved: 1. Approval of the Minutes of the July 10, 1995 Community Services Committee; Report MW-95-131 - 5471 Robinson Street Demolition - that tenders be called for the demolition of an abandoned and unoccupied dwelling at-5471 Robinson Street, subject to a one-week grace period; The reimbursement of tipping fees paid for shingles to Mr. Phil Roberto, 5238 Ottawa Street - Alderman Volpatti opposed; The reimbursement of tipping fees paid for shingles to Mr. James Chimenti, 6031 Church's Lane - Alderman Volpatti, opposed; Report MW-95-129 - Municipal Works - Building Division Report for June, 1995 - that the report be received and filed for information; Report MW-95-132 - Buchanan Avenue Demolition - that tenders be called for the demolition of an abandoned and unoccupied dwelling at 6117 Buchanan Avenue; - 9- Report MW-95-137 - Watermain Replacement Program - Consulting Services Agreement - that the firm of Kerry T. Howe Engineering Ltd. be retained to carry out the design for the 1995 Watermain Replacement Program; Report MW-95-139 - 1995 Sewer Repair Program - Consulting Agreement - that the firm of R,V. Anderson Associates be retained to carry out the design for the 1995 Sanitary Sewer Repair/Replacement Program; Report R-95-60 - Winter ice Schedule for Municipal Arenas - that the schedules for Special Events and Regular use of Winter Ice for the 1995-96 Season; 10. Report L-95-59 - Landfill Equipment Tender #24-95 - that Report L-95-59 be received for the information of Council and that the tender for the lease of a front end loader be awarded to Fernview Construction Ltd. for one year - Aldermen Susin and Volpatti, opposed; 11. Report MW-95-141 - that Phase I and II of the concrete work for Centennial Square be awarded to Al~dome Construction for an upset limit of $85,116.36 and that Phase III be awarded to Sacco Construction Ltd. for an upset limit of $51,747.87; 12. Heavy trucks in the St. Peter Avenue area - that correspondence be sent to Commisso's and the Town and Country Plaza concerning truck traffic on local streets; 13. Sidewalks on Stanley Avenue - that the City proceed with replacement of the complete sidewalks on Stanley Avenue in the area of construction - Alderman Susin conflict of interest because his mother resides in the area; 14. Special Occasion Permit - pre-approval is granted to the Niagara Falls/Fort Erie Real Estate Board's event. During the discussion, Alderman Craitor referred to the Niagara Falls Boys Softball Association Batting Cage matter and stated that a report would be forwarded to Mr. Neal and the Recreation Commission on the status of the batting cage. The motion Carried with Alderman Volpatti voting contrary to the motion with respect to reimbursement of tipping fees; and Aldermen Susin and Volpatti voting contrary to the motion with respect to equipment rental at the City's landfill site; Alderman Susin abstaining from the vote on the issue regarding sidewalks on Stanley Avenue because his mother resides in the area; and with all others voting in favour. See By-law No. 95-164 See By-law No. 95-172 See By-law No. 95-173 See By-law No. 95-174 See By-law No. 95-184 See By-law No, 95-185 PD-95-107 - Chief Administrative Officer - Re: Accommodations and Attractions Inventory. The report recommends that this report be received and filed for information. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. - 10 - PD-95-109 - Chief Administrative Officer - Re: AM-18190 D. & R. D'Addio, 6004 Stanley Avenue & 5997 Buchanan Avenue. The report recommends that Council adopt the amending by-law included in tonight's agenda which would conclude the application initiated in 1990. The by-law would permit the construction of a 9 storey, 96 unit hotel. ORDERED on the motion of Alderman Campbell, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. See By-law No. 95-176 PD-95-110 - Chief Administrative Officer - Re: Request for Extension to Draft Plan Approval, Ascot Woods Extension 5, 26T-89038 (Revised). The report recommends the following: That a Council resolution supporting a one-year extension to the Ascot Woods Extension 5 Draft Plan of Subdivision be adopted conditional upon the applicant maintaining the appropriate subdivision sign which complies with Municipal and regional requirements; 2. That a copy of this report and Council's resolution be forwarded to the Regional Municipality of Niagara. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously, See Resolution No. 63 F-95-24 - Chief Administrative Officer - Re: F-95-24, Municipal Accounts. The report recommends that the accounts totalling $6,267,435.09 for the period ending July 24, 1995, be approved by the passing of the by-law appearing later on the agenda. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings. The motion Carried with Aldermen Craitor, Cummings, Orr, Susin and Ward abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. See By-law No. 95-188 RATIFICATION OF FINANCE COMMITTEE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the actions taken on the following matters by Finance Committee, earlier this evening be approved: 1. Adoption of the June 26, 1995 Finance Committee Minutes; Report FD-95-04 - Willoughby Fire Fighters' Association - that the request of the Willoughby Volunteer Fire Fighters' Association for a three-year interest-free loan of $35,000 be approved - Alderman Susin, conflict of interest; Report FC-94-11 - YWCA Exemption from Taxation - that a petition by the Niagara Falls YWCA that would grant the YWCA an exemption from municipal taxation be supported; Directive - 1996 Permissive Grants - that the issuing of a directive to agencies respecting Permissive Grants be approved; - 11- 5. St. Patrick's Church - Waiving of Tent Erection Fee for 100th Anniversary Celebration - that the waiving of the tent erection fee for the 100th Anniversary Celebrations of St. Patrick's Church be approved. The motion Carried with Alderman Susin abstaining from the vote on Report FD-95-04 on a conflict of interest because members of his family are volunteer firefighters and with all others voting in favour. CD-95-34 - Chief Administrative Officer - Re: Special Occasion Permits: 1) Boys & Girts Club; 2) Niagara Falls Volunteer Bureau. The report recommends that Council indicate it has no objection to the issuance of a Special Occasion Permit to the organizations listed in this report. ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that the report be received and adopted. Carried Unanimously· L-95-41 - Chief Administrative Officer - Re: Quit Claim Transfer/Deed Canadian Imperial Bank of Commerce; 5890 Main Street (Main & Ferry). The report recommends that the City of Niagara Falls quit claim any interest it may have in a laneway at the rear of Lot 2 Plan No. 653 south of Ferry Street and east of Main Street. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. See By-law No. 95-181 · L-95-58 - Chief Administrative Officer - Re: The establishment of Certain Land as a Highway (Buchanan Avenue). The report recommends that Council establish the land described as Part 2 on Reference Plan 59R-9156, attached hereto, as a highway and to be part of Buchanan Avenue. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. See By-law No. 95-177 L-95-60 - Chief Administrative Officer - Re: Kingsbridge Theatre. The report recommends that this report be received for the information of Council. ORDERED on the motion of Alderman Fisher, seconded by Alderman Susin, that the report be received and filed for information of Council. Carried Unanimously. L-95-61 - Chief Administrative Officer - Re: Partial Release and Abandonment of Easement - Alpine Drive. The report recommends that Council authorize the partial release and abandonment of a storm drainage easement over Lot 54 on Registered Plan No. 59M-129. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and adopted. The motion Carried with Alderman Susin abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. See By-law No. 95-180 RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the actions taken on the following matters by Committee-of-the-Whole, earlier this evening be approved: Report HR-95-09, Organizational Review - Community Services - to approve the changes as outlined in the report - - f2- The Manager of Human Resources provided the highlights of Report HR- 95-09 and advised that the Corporation would restructure the Community Services Department with a total of 6 positions being eliminated through retirement; the creation of I new position, Manager of Infrastructure; with responsibilities and reporting relationships of several positions being amended; and that the total annual net savings to the Corporation would be just over $271,000 on an annual basis; That Council accept the amended offer of sale of Kenneth and Christine Stinson to sell 3024 Portage Road for the amount of $105,000 together with an additional $10,000 for moving expenses and legal fees, etc. That the per diem rate for conferences and conventions be increased to $60.00 for Aldermen and to $50.00 for staff. The motion Carried with Alderman Janvary abstaining from the vote on a conflict of interest on Item No. 2 and Alderman Puttick voting contrary to the motion on Item No. 2 and with all others voting in favour. RESOLUTIONS NO. 59 - SUSIN - JANVARY - BE IT RESOLVED that the Council of theCorporation of the City of Niagara Falls hereby recognizes The Niagara Falls Sunrise Rotary Club's Annual Art by theFalls Arts and Crafts event being held from September 15 through September 17, 1995 and designates the event as a "Community Festival". AND the Seal of the Corporation be hereto affixed. Carried Unanimously NO. 60 - CUMMINGS - PIETRANGELO - RESOLVED that the unit prices submitted by the low tenderer, Norjohn Limited, for Contract 95-08 - Surface Treatment of Roads, at the low tendered amount of $178,115.53, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously NO. 61 - SUSIN - PIETRANGELO - RESOLVED that the unit prices submitted by the low tenderer, Sacco Construction Limited, for Contract 95-02 - II, 1995 Sidewalk & Concrete Repair Program; at the low tendered amount of $196,790.25; be accepted; AND the Seal of the. Corporation be hereto affixed. Carried Unanimously NO. 62 - VOLPATTI - CRAITOR - RESOLVED that the unit prices submitted by the low tenderer, Alfidome Construction Limited, for Contract 95-02 - III, 1995 Sidewalk & Concrete Repair Program, at the low tendered amount of $208,103.75, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously NO. 63 - PIETRANGELO - VOLPATTI - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby supports a one-year extension to the Ascot Woods Extension 5 Draft Plan of Subdivision and that the Regional Municipality of Niagara be so informed, conditional upon the applicant maintaining the appropriate subdivision sign which complies with the Municipal and Regional requirements. AND the Seal of the Corporation be hereto affixed. Carried Unanimously - 13- BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 95'164 A by-law to authorize the execution of an agreement with Fernview Construction Limited for the supply of equipment at the City's Landfill Site. 95-171 A by-law to amend By-law No. 93-283, being a by-law to appoint a Chief Building Official and Inspectors under the Building Code Act. 95-172 A by-law to authorize the execution of an agreement with Norjohn Limited for surface treatment of roads. 95-173 A by-law to authorize the execution of an agreement with Sacco Construction Limited respecting Phase II of the 1995 Sidewalk and Concrete Repair Program. 95-174 A by-law to authorize the execution of an agreement with Alfidome Construction Limited respecting Phase Ill of the 1995 Sidewalk and Concrete Repair Program. · 95-175 A by-law to amend By-law No. 79-200, as amended. (PD-95-98, AM-18/95, Canadian Fur Shop of Saitoh). 95-176 A by-law to amend By-law No. 79-200, as amended. (PD-90-94, AM-18/90 D. & R. D'Addio. 95-177 A by-law to establish certain land as part of Buchanan Avenue, being a public highway. 95-178 A by-law to authorize the execution of an Offer for Sale from Kenneth Stinson and Christine Stinson to purchase 3024 Portage Road for the purpose of road reconstruction. 95-179 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 41 of the Planning Act, R.S.O. 1990. 95-180 A by-law to authorize a partial release and abandonment of an easement. 95-181 A by-law to authorize the execution of a Quit Claim Transfer/Deed for part of a laneway at the rear of Lot 2 Plan No, 653 to Canadian Imperial Bank of Commerce. 95-182 A by-law to establish a certain one foot reserve as a public highway. 95-183 A by-law to authorize the acceptance of a Transfer of Easement from Queensway Chippawa Props. Inc. for the purpose of constructing and maintaining a trunk sanitary sewer and other works appurtenant thereto. 95-t84 A by-law to authorize the execution of an agreement with Kerry T, Howe Engineering Limited respecting design services for the 1995 Watermain Replacement Program. - f4 - 95-185 A by-law to authorize the execution of an agreement with R. V. Anderson Associates Limited respecting design services for the 1995 Sanitary Sewer Repair/Replacement Program. 95-186 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stop Signs, Through Highways) 95-187 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Meters) 95-188- A by-law to authorize the payment of $6,267,435.09 for General Purposes. (July 24, 1995) The motion Carried with Aldermen Susin and Volpatti voting contrary to the motion on ,.By-law No. 95-164; Alderman Puttick voting contrary to the motion on By-law No. 95- 178; Alderman Susin abstaining from the vote on By-law No. 95-180 on a conflict of interest previously noted; Alderman Fisher abstaining from the vote on By-law No, 95-183 on a conflict of interest previously noted; Aldermen Craitor, Cummings, Orr, Susin and Ward abstaining from the vote on By-law No. 95-188 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the following by-laws be now read a second and third time: 95-164 A by-law to authorize the execution of an agreement with Fernview Construction Limited for the supply of equipment at the City's Landfill Site. 95-171 A by-law to amend By-law No. 93-283, being a by-law to appoint a Chief Building Official and Inspectors under the Building Code Act. 95-172 A by-law to authorize the execution of an agreement with Norjohn Limited for surface treatment of roads. 95-173 95-174 A by-law to authorize the execution of an agreement with Sacco Construction Limited respecting Phase II of the 1995 Sidewalk and Concrete Repair Program. A by-laW to authorize the execution of an agreement with Alfidome Construction Limited respecting Phase III of the 1995 Sidewalk and Concrete Repair Program. 95-t75 A by-law to amend By-law No. 79-200, as amended. (PD-95-98, AM-18/95, Canadian Fur Shop of Saitoh). 95-176 A by-law to amend By-law No. 79-200, as amended. (PD-90-94, AM-18/90, . D. & R. D'Addio. 95-t77 A by-law to establish certain land as part of Buchanan Avenue, being a publie highway. 95-178 A by-law to authorize the execution of an Offer for Sale from Kenneth Stinson and Christine Stinson to purchase 3024 Portage Road for the purpose of road reconstruction. 95-179 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 subseotion 5 of section 41 of the Planning Act, R.S.O. 1990. 15- 95-t80 A by-law to authorize a partial release and abandonment of an easement. 95-181 A by-law to authorize the execution of a Quit Claim Transfer/Deed for part of a laneway at the rear of Lot 2 Plan No. 853 to Canadian Imperial Bank of Commerce. 95-182 A by-law to establish a certain one foot reserve as a public highway. 95-183 A by-law to authorize the acceptance of a Transfer of Easement from Queensway Chippawa Props. Inc. for the purpose of constructing and maintaining a trunk sanitary sewer and other works appurtenant thereto. 95-184 A by-law to authorize the execution of an agreement with Kerry T. Howe Engineering Limited respecting design services for the 1995 Watermain Replacement Program. 95-185 A by-law to authorize the execution of an agreement with R. V. Anderson Associates Limited respecting design services for the 1995 Sanitary Sewer Repair/Replacement Program. 95-186 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stop Signs, Through Highways) ,95-187 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Meters) 95-188 A by-law to authorize the payment of $6,267,435.09 for General Purposes. (July 24, 1995) The motion Carried with Aldermen Susin and Volpatti voting contrary to the motion on By-law No. 95-164; Alderman Puttick voting contrary to the motion on By-law No. 95- 178; Alderman Susin abstaining from the vote on By-law No. 95-180 on a conflict of interest previously noted; Alderman Fisher abstaining from the vote on By-law No. 95-183 on a conflict of interest previously noted; Aldermen Craitor, Cummings, Orr, Susin and Ward abstaining from the vote on By-law No. 95-188 on conflicts of interest previously noted and with all others voting in fayour. NEW BUSINESS Letters of Condolence ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that a letter of condolence be forwarded to the family of the late Peter Anthony Vasko. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that a letter of condolence be forwarded to the family of the late Luca Gatto. Carried UnanimOusly. - f6- Chippawa Battle Site Alderman Shirley Fisher referred to correspondence from the American Legion regarding correspondence received from Her Majesty, Queen Elizabeth II expressing her satisfaction with respect to the successful outcome of the Chippawa Battle Site. His Worship Mayor Thomson informed Council that the Niagara Parks Commission had purchased the entire 118 acres of the Chippawa Battle site. Alderman Shirley Fisher referred to the purchase of the Drummond Hill property and was advised by Mayor Thomson that the community group in the area wish to approach the Niagara Parks Commission regarding the matter. ,.Letter of Appreciation Alderman Shirley Fisher referred to correspondence from Fire Chief Corfield to Mr. James Pratt, Firefighter, Meadville, P.A. regarding his assistance and actions on June 17, 1995. in the rescue of a man who had fallen into the gorge at the Maid of the Mist Landing. ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that a letter of appreciation be forwarded from the Mayor's Office to Mr. James Pratt, for his assistance and participation in the rescue operation. Carried Unanimously. BoyS' and Girls' Club Garaqe Sale Alderman Victor Pietrangelo informed that the Niagara Falls Boys' and Girls' Club would be holding their Annual Giant Garage Sale on July 29 and July 30, 1995 and invited everyone to attend. Debris in Rural Areas Alderman VictOr Pietrangelo referred to the issue of garbage being dumped on rural roads and requested what steps could be taken to have the matter resolved. He was advised by His Worship Mayor Thomson of the procedure to be followed. Ticket Infraction Alderman Victor Pietrangelo referred to an infraction ticket from the Humane Society received by one of his constituents and requested how the matter could be resolved. He was advised by the City Solicitor that the individual would have to settle the matter in a Court of Law. "' Fair Exchange Program Alderman Kim Craitor referred to the Chamber of Commeme's promotion to help attract more Amedcan tourists to the Region and promote return visitation by introducing the Fair Exchange program offered by local business and tourism operators for fair exchange of American currency, Alderman Craitor requested that more local businesses participate in the program. 17- Welland Rose Festival His Worship Mayor Thomson advised that the City of Niagara Falls had won First Prize in the Best Civic Float category in the Welland Rose Festival Parade and indicated that the City had received a cheque in the amount of $200.00. Dream Team Mayor Thomson referred to correspondence from Elizabeth Teunis of the Ontario Provincial Directorate for the Terry Fox Run and requested that Council co-ordinate efforts in the participation of a "Dream Team". ORDERED on the motion of alderman Fisher, seconded by Alderman Pietrangelo, that Council co-ordinate efforts in the participation of he City's "Dream Team" for the Terry Fox Run. Carried Unanimously. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that the meeting be adjourned. Carried Unanimously. READ ANDADOPTED, MAYOR WAYNE THOMSON COMMITTEE OF THE WHOL__E Committee Room #1 August 14, 1995 Council met on Monday, August 14, 1995 at 7:00 p.m. in Committee of the Whole. All members of Council were present. Alderman Judy Orr presided as Chairman. Following consideration of the items presented, the Committee of the Whole reported in Open session. READ AND ADOPTED, PLANNING MEETING Council Chambers August 14, 1995 Council met on Monday, August 14 1995 at 7:30 p.m. for the purpose of considering Planning Matters and Regular Business. All members of Council were present. Alderman Pat Cummings offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTEREST Aideman Kim Craitor indicated a pecuniary interest on Report F-95-25, Cheque Nos. 214028; 213829; M91014 and 214163, because the recipient is his spouse's employer. Alderman Pat Cummings indicated a pecuniary interest on Report PD-95-122, Orchard Grove Estates, because Acres was involved; and indicated a pecuniary interest on Report F-95- 25, Cheque Nos. 214028; M91014; 213829; 214163, because a family member is employed by the Region. Alderman Shirley Fisher indicated a pecuniary interest on By-law No. 95-198, because she Owns the adjacent property. Alderman Paisley Janvary indicated a pecuniary interest on Communication No. 243 because she is employed by the School Board. Alderman Victor Pietrangelo indicated a pecuniary interest on Report F-95-25, Cheque No. 2139.91, because the recipient is his employer. Alderman Fermino Susin indicated a pecuniary interest on Report PD-95-122, Orchard Grove Estates, because he had performed some work for the contractor; indicated a pecuniary interest on Communication No. 236, because he is a member of the Legion; indicated 'a pecuniary interest on Report F-95-25, Cheque No. 213894, because members of his family are volunteer firefighters. -2- Alderman Selina Volpatti indicated a pecuniary interest on Report PD-95-121, because she owns a house in the vicinity; and indicated a pecuniary interest on Communication No. 245 because she is the Director of the company that has a coreract with the company. PRESENTATIONS V.J. Day Veterans His Worship Mayor Thomson, informed that August 15, 1995 would mark the 50th Anniversary of the end of the Second World War in the Pacific and that in marking the 50th Anniversary of V.J. Day, on behalf of Council and the Community Mayor Thomson acknowledged and thanked all the veterans who had served and sacrificed themselves in order to provide the gift of freedom we all enjoy. His Worship Mayor Thomson indicated that a Colour Guard represeming the Local Legions were in attendance in Council Chambers and introduced and presented a token of appreciation to Mr. Carl Adams, who served in the Royal Regiment of Canada; to Mr. Stan Bain, who served in the Scottish Horse Regiment; and to Mr. Gilbert Woods, who served in the 16/171h Lancers. HeritaGe Award Presentation His Worship Mayor Wayne Thomson presented a cheque in the amoum of $3,000.00 to Ms. Wilma Morrison, a representative of The British Methodist Episcopal Church towards costs incurred in the restoration of eight stained glass windows in the Nathaniel Dett Chapel; and also presented a Certificate of Heritage Preservation to the British Methodist Episcopal Church for their efforts in promoting the African Canadian heritage. Ms. Wilma Morrison thanked Mayor Thomson and members of Council for the Westwood Place Playground Committee Mr. Ray McCarthy, Chairman, on behalf of the Westwood Place Playground Committee, presented a picture to His Worship Mayor Thomson and Council in appreciation of the playground equipm. ent received for the children of Westwood Place. PLANNING MATTERS PD-95-122 - Chid Admlni.~tralive Officer - Re: Proposed Plan of Subdivision (Revised) 26T- 95006; Zoning by-law Amendment Application; AM-14/95, Orchard Grove Estates, East Side of Kalar Road through to Booth SWeet; 800460 Ontario Ltd,, c/o Erie Henry. The report recommends the following: That Council approve of the revised Orehard Grove Estates Plan of Subdivision and it be forwarded to ate Region for consideration of draft approval subject to the conditions attached on Appendix 1; 'That the Zoning By-law be presented to Council for approval only at the time that all matters, environmental and otherwise, have been fmaiized by the MOEE all to the satisfaction of the City. -3° - AND - Communication No. 222 - Petition headed by Mr. & Mrs. Gerald E. Phillips. expresses opposition to the proposed application. The petition Communication No. 223 - Mrs. Kathleen Grainge. The communication expresses strong opposition to the proposed amendment. Communication No. 224 - Ministry of Environment and Energy, West Central Region. The communication indicates as being in support of draft approval. Communication No. 225 - United Steelworkers of America. The communication provides comments and requests that the points provided be considered. Communication No. 226 Economic Development Department Inter-Department memorandum. The communication advises as not being in support of the proposed zoning amendment. Communication No. 227 - Hodgson Steel Inc. The communication expresses concerns regarding the proposed zoning-amendment application and attaches various pieces of correspondence. His Worship Mayor Wayne Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by First Class prepaid mail, on July 14, 1995. His Worship Mayor Thomson received indication that Mr. Victor Muratori, Solicitor was in attendance on behalf of the applicant and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development referred to the subject property with the assistance of posted sketches and reviewed the information contained in Technical Report PD-95- 95R; Surrounding Land Use; Official Plan; Environmental Considerations; Subdivision Design; Parkland and Park Development Fee; Natare of the Zone Change; and the Public Notification Process. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of, and a positive response from persons opposed to the application. : Mrs. Mary Lou CrossweB, 7980 Booth Street, expressed concerns regarding the loss of trees; the disruption of wildlife; noise and increased traffic from the proposed subdivision; mosquito-infested lagoons and the safety of the children in the area. Mrs. Crosswell requested that Council deny the application until a decision is made by the Ministry of the Enviromnent and Energy. She further indicated that an appeal would be filed with the Ontario Municipal Board if the application was approved. Sandra Van Grieken, Controller, Hodgson Steel Inc. reviewed the Ministry of Environment correspondence dated May 11, 1995 and the Ministry's Guideline on Separation Distance Between Industrial Facilities and Sensitive Land Uses; discussed Acres report entitled "Noise, dust and Vibration, dated June, 1995; referred to the issue of safety, and adventurous children from the proposed subdivision playing on Hodgson's property; and land compatibility.. Ms. Van Grieken stated there were other areas in th~ City that could be developed and this was not one of them. -4- Ms. Loft Person, an employee of Orchard Grove, indicated that over the years there had been many complaints from campers with regard to the noise levels from Hodgson Steel. Mr. John Baker, 8060 Beaverdams Road, expressed concerns regarding the increased volume of traffic along Booth and Kalar Road and suggested the use of stop signs and an outlet onto Lundy's Lane be provided in order to alleviate some of the traffic. Mr. Victor Muratori, discussed the designation of land; the Provincial 300-metre set back regulations; reviewed the Acres noise attenuation study. Mr. Muratori advised of the intent of the developer to create a sound barrier in order to alleviate noise problems; discussed the "link-up" of Booth Street and the need for emergency access; referred to the issue of density and woodlots and advised there were no designated weftands in the area. The City Solicitor responded to concerns regarding noise attenuation studies and advised if the Ministry of Environment and Energy required further information, they could request another noise attenuation study; referred to the inclusion of a warning clause in the Agreement bf Purchase of Sale indicating that there was a heavy industrial site to the north of the development. Mr. Muratori provided clarification regarding the "legal status" of Hodgson Steel. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-14/95 closed. On the motion of Alderman Janvary, seconded by Alderman Fisher, that the application be denied. The motion was Defeated with Aldermen Cummings and Susin abstaining from the vote on conflicts of interest previously noted and with the following recorded vote: AYE: Aldermen Craitor, Fisher, Janvary, Orr and Pietrangelo NAYE: Aldermen Campbell, Hendershot, Puttick, Volpatti, Ward and Mayor Thomson. Following some discussion, it was ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that the application be approved subject to the applicant performing a second noise attenuation study. The motion Carried with Aldermen Cummings and Susin abstaining from the vote on erafillets of interest previously noted and with the following recorded vote: AYE: Aldermen Campbell, Craitor, Hendershot, Puttick, Volpatti, Ward and Mayor Thomson. NAYE: Aldermen Fisher, Janvary, Orr and Pietrangelo. ~ ORDERED on the motibn of Alderman Ward, seconded by Alderman Hendershot, that the communications be received and filed. Carried Unanimously. PD-95-123 - Chief Admlnintra~ve Officer - Re: Official Plan & Zoning By-law Amendment Application; AM-16/94, Italo-Canadian Centennial Club; Northeast corner Qf_Highway 20 & Thorold Townline Road. The report recommends the following: That Council approve the application to amend the Official Plan and Zoning By-law to permit the lands to be used for a passive recreational park conditional upon the following: . "' i) the components and/or requirements of the Ministry of Agriculture, Food, Minislry of Transportation, Regional Health Department ;and Ministry of Natural Resources; ii) the approval of the necessary amendment to the Regional Policy Plan; That the Official Plan and Zoning By-law amendments be tailored to the scale of the park and the on-site activities proposed in the application; -5- That the amending by-law be conditional upon the applicant dedicating a widening across the site's frontage on Thorold Townline Road to the satisfaction of the regional Public Works Department; That the development of the park be subject to Site Plan Control to ensure that it is developed in an environmentally sensitive manner; 5. That the Region be advised of Council's decision on the application. - AND - 'Commtmieation No. 228 - Niagara Peninsula Conservation Authority. The communication advises as having no objections to the amendments provided that all lands situated below the Regional storm flood elevation of Tributary W-6-5 remain designated as an Environnxental Protection Area in the City's Official Plan and zoned Hazard Land in the Comprehensive Zoning By-law. Connntmication No. 229 - Ministry of Transportation. The communication advises that the rezoning of the lands would increase the value of the lands resulting in a higher cost per acre when the lands are expropfiated and their position remains unchanged. His Worship Mayor Wayne Thomson declared the Public Meeting open and read the procedure to be followed under the Planning AcL The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by First Class prepaid mail, on July 14, 1995. His Worship Mayor Thomson received indication that Mr. Dante Marinelit, Solicitor was in attendance on behalf of the applicant and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to 'receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development referred to the subject property with the assistance of posted sketches and provided background information with respect to the application; the City's Official Plan; the Scale and Compatibility of the Proposed Park; Unserviced lands; Requested Zone Change; and the Public Notification Process. There was a negative response to Mayor Thomson's request tbr comments from persons, other than the applicant or his agent, in support of, and a positive response from persons opposed to the application. Ms. Jean Grandoni, indicated her opposition to the proposal and expressed concerns regarding the intended use of the area; referred to the preservation of farmland and suggested that goils mapping between Niagara Falls and Thorold be considered. Mr. Dante Marinelit advised that the application was to preserve the agriculture zoning of the land and indicated that the proposed use was for a passive recreational use and not for an urban use. Shw. e no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-16/94 closed. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that life report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the correspondence be received and fled. Carried Unanimously. -6- PD-95-116 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-22195, James Ferri~ 6875 Thorold Stone Road. The report recommends the following: That Council approve the application to establish a muffler shop, Uhaul rental and a used car lot on the subject lands; That the application be approved subject to the applicant entering into a site plan agreement in order to bring the site works up to City standards with respect to landscaping, paving and curbing. - AND- Communication No. 230 - D. Cherrington, Regional Municipality of Niagara. communication advises as having no objection to the re-zoning application. The Communication No. 231 - Niagara Peninsula Conservation Authority. The communication advises as having no objection to the application. His Worship Mayor Wayne Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by First Class prepaid mail, on July 14, 1995. His Worship Mayor Thomson received indication that Mr. Brian Sinclair, Solicitor was in attendance on behalf of the applicant and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development referred to the subject property with the assistance of posted sketches and reviewed the information contained in Technical Report PD-95- 113; Nature of the Amendment; Background; Official Plan; Requested Amendments; Site Analysis; and the Public Notification Process. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of, and a negative response from persons opposed to the application. Mr. Brian Sinclair indicated the proposal was a logical use of the property; advised that the applicant would be 'maintaining trees on the property and that there would be no outside storage area utilized. Mrs. Frances Black a resident in the area expressed concerns regarding heavy traffic in the area and requested that she be included in discussions during the site pla~ing process. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-22/95 closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the application be received and adopted. Carried Unanimously ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the communications be received and ~ed. Carried Unanimously. PD-95-121 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-20/9S, 527786 Ontario Ltd., 2634 St. Paul Avenue. The report recommends the following: 1 - 7- That Council approve the application to permit a maximum of 22, 1-1/2 storey townhouse dwelling units to be built on the subject land; That the townhouse blocks be permitted to be separated by a minimum of 8.0 feet; That the townhouse blocks be permitted to be set back a minimum of 20.0 feet from the north, west, and east property lines provided that the developer plants a dense landscape buffer along the east property line and that the abutting residents are involved in the site plan review process. - AND - Communication No. 232 - Regional Niagara Planning/Development Dept. The communication advises as having no objection to the application subject to the satisfaction of the Regional Public Works Department and the City ensuring that any clean-up/mitigating measures have been carried out. Communication No. 233 - D. Cherrington, Regional Municipality of Niagara. The communication advises as having no objections to the re-zoning subject to the requiremems as outlined in the communication. Communication No. 234 - Niagara Peninsula Conservation Authority. The communication advises as having no objection to the application. Alderman Volpatti left the Council Chambers due to a conflict of interest previously noted. His Worship Mayor Wayne Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by First Class prepaid mail, on July 14, 1995. His Worship Mayor Thomson received indication that Mr. Eric Henry, applicant was in attendance and received a positive response m his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development referred to the subject property with the assistance of posted sketches and reviewed the information contained in Technical Report PD-95- 111; Nature of the Zoning By-law Amendment; Background; Official Plan; Nature of the Zone Change; Parkland Dedication; Servicing; Site Plan Control and the Public Notification Process. ' There was a positive response to Mayor Thomson's request for conunents from persons, other than the applicant or his agent, in support of, and a negative response from persons opposed to the application. Mr. Jack Lee, 2740 St. Paul Avenue expressed concerns regarding storm sewers, and was advised by the Director of Municipal Works that the storm sewers would be designed in such a why that post-development flows would be no greater than pre-development flows. Mr, Chris Young, 2637 Mountaingate Estates, expressed concerns regarding the close proximity of the development and indicated that a petition had been circulated by the residents in the area and requested to have input through the site plan process. Mr. Vincent Anania, 6149 Mountainside St. indicated that he was in support of the application and wished to have input through the site plan process. -8- Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-20/95 closed. Aideman Volpatti returned to Council Chambers. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo, that the application be received and adopted. The motion Carried with Alderman Volpatti, abstaining from the vote on a conflict of interest previously noted and with all others voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the communications be received and filed. Carried Unanimously. PD-95-119 - Chief Administrative Officer - Re: Site Plan Approval: SPC-14/95; Proposed Addition to Dairy Queen, 3509 Portage Road. The report recommends that Council approve the revised site plan for the proposed 4480 sq. ft. commercial/residential addition to the Dairy Queen located at 3509 Portage Road. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. It was moved by Alderman Ward, seconded by Alderman Pietrangelo, that approval be granted to proceed past 11:00 p.m. Carried Unanimously. REGULAR COUNCIL MATTERS ADOPTION OF MINUTES Alderman Fermino Susin requested that the Minutes of July 24, 1995, page 9, Item Sidewalks on Stanley Avenue be amended to reflect his conflict of interest because his mother resides in the area. ORDERED on the motion of Alderman Cummings, seconded by Alderman Headershot, that the Minutes of July 24, 1995 be adopted as amended. Carried Unanimously. DEPUTATIONS Ms. Belinda Yorke, Multiple Sclerosis and Mr. Bob Bell, Regional Municipality of Niagara, 251h Anniversary Celebrations Committee re~scheduled their attendance to a future Council me.~ting due to time constraints. Vicious Dog Attack Mrs. Anlta Lavalice addressed Council respecting a neighbourhood petition regarding ' a vicious attack on her dog. She requested that Council consider raising the frees for vicious dog attacks. I' Following some discussion it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Susin, that the matter of fines ann vicious dog by-law b~ referred to staff. Carried Unanimously, -9- - AND ~ Report L-95-65 - Chief Administrative Officer - L-95-65~ Dog Owners' Liability Act. The report recommends that the report be for the information of City Council. ORDERED on the motion of Alderman Ward, seconded by Alderman Susin, that the report be received and filed. Carried Unanimously. COMMUNICATIONS Communication No. 235 - The Royal Cm~adian Legion, Branch 51 - Re: Proclamation. The communication requests Council proclaim the week of September 17th to 23rd, 1995 as "Legion Week" ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the request be approved subject to established policy. Carried Unanimously Communication No. 236 - The Royal Canadian Legion, Branch 51, 396 and 479 - Re: Legion Flag Raising Ceremony. The communication requests permission to hold a flag raising ceremony to be held on September 18th, 1995, at 9:00 a.m. in honour of Legion Week and requests the presence of Mayor Thomson and members of Council at the ceremony. ORDERED on the motlob of Alderman Cummings, seconded by Alderman Hendershot, that~ the request be approved subject to established policy. The motion Carried with Alderman Susin abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. Communication No. 237 - Regional Niagara Harming and Development Department - Re: Proposed Tree Conservation By-law for Public Review. The communication requests input on the proposed by-law regarding tree cutting in woodlots. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the matter be referred to staff. Carried Unanimously. Communication No. 238 - City of St. Catharines - Re: Possible Delegation of Subdivisions and Severances to Local Municipalities, The communication requests support of a resolution regarding possible delegation of subdivisions and severance approval to those local municipalities that request such delegation. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, that the request be supported. Carried Unanimously. Communication No. 239 - Environn~ental Assessment Board - Re: Annual Report 1994-1995. The report provides the 1994-1995 Annual Report of the Environmental Assessment Board. ORDERED on the motion of Alderman Cummings, seconded by alderman Fisher, that the report be received and filed for the information of Council. Carried Unanimously. Communication No. 240 - 1994 Municipal Election - Re: Form 37 Supplementary Statement - Municipal Elections Act (Section 150(9)). The communication provides information regarding the campaign period ending March 31, 1995 of registered candidates that had filed and had not filed their financial statements. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the communication be received and filed for the hfformation of Council. ,Carried Unanimously. Communication No. 241 - Mrs. Jane M. Gouck, 3331 Harleyford Crescent - Re: Overnight Parking. The communication expresses concerns regarding receiving parking tickets for overnight parking. ORDERED on the motion of alderman Cummings, seconded by Alderman Pietrangelo, that the communication be received and filed. Carried Unanimously. 7O- Communication No. 242 - Transport Canada - Re: Promotion of new bus connections. The communication provides information and expresses concerns regarding the promotion of new bus connections at Toronto Union Station between its Montreal/Ottawa/Toronto trains and Grimsby, St. Catharines, Niagara Falls and Buffalo. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the communication be received and filed for the information of Council. Carried Unanimously. Communication No. 243 - Township of Roxborough - Re: Resolution. The communication requests Council support respecting funding cuts by the Province related to the 1995 supplementary roads allocations. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the request be supported. The motion .Carried with Alderman Janvary abstaining from the vote on a conflict of interest previously noted and with all others voting in fayour. Communication No. 244 - Elizabeth Teunis, Acres International Limited - Re: 15th Annual Terry Fox Run. The communication requests Council permission to host the event scheduled for Sunday, September 17, 1995 and further to hang a banner on Stanley Avenue announcing the Terry Fox Run from September 6 - 18, 1995. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the request be approved subject to approval of all other authorities. Carried Unanimously. Communication No. 245 - Darkzone, 6733 Oakes Dr. - Re: Exemption of Sign By-law. The communication requests Council consideration for exemption of sign by-law. ORDERED on the motion of Alderman Craitor, seconded by Alderman Orr, that the request be approved. Carried Unanimously. Communication No. 246 - lain Angus and Associates - Re: New Rail abandonment Rules. The communication provides information regarding the introduction of Bill 101, the Canada Transportation Act, and proposes that the firm be engaged to conduct an initial assessment of the importance of the rail line in the community. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings, that the matter be referred to staff. Carried Unanimously. Communication No. 247 - Social Planning Council - Re: Resolution. The communication requests that Multifest '95 be declared a "community festival". ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the request be approved subject to established policy. Carried Unanimously. See Resolution No. 65 REPORTS MW-95-142 - Chief Administrative Officer - Re: Dedication of Part of Huggins Street as a Public Highway. The report recommends that parcel "D" on a plan dated March 15, 1956 be dedicated as a public highway and the by-law for the same be approved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. R-95-61 - Chair, Environmental Planning and Greening Committee - Re: Action Stemming from the Environmental Planning & Greening Committee Meeting of July 12, 1995. The report recommends that Council endorse the attached report supporting the proposed new flit lines for the Welland River. . ORDERED on the motion of Alderman Janvary, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. - 77 - RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the actions taken on the following matters by the Community Services Committee, earlier this evening, approved: 1. Approval of the amended Minutes of the July 24, 1995 Community Services Committee; MW-95-143 - Demolition, 4945 Walnut Street - that the Chief Building Official be authorized to call tenders for the demolition of an abandoned and unoccupied dwelling at 4945 Walnut Street; IVFW-95-145 - Slams Report of the 1995 Household Hazardous Waste Collection Program - that staff be authorized to operate an additional one (1) day event for a total of four (4) in 1995; the appropriate contract (or amended contract) be prepared to provide that Hotz Environmental Services Inc. conduct an additional Household Hazardous Waste Day Event; and if necessary, sufficient funds from the 1995 Operating Budget - Sanitation be used to offset a budget overran; MV¢-95-146 - Centennial Square Redevelopment Waterfall Contract - that the Committee award the "decorative rock" portion of the Centennial Square waterfall to Crown Landscaping Limited of Ridgeway, Ontario, in the amount of $34,730 (plus GST) and that a By-law be passed to authorize the City to enter into an Agreement with Crown Landscaping Limited to construct the decorative rock work for the Centennial Square waterfall subject to a meeting within a week with staff, the Contractor and members of Council to review alternatives and that a report be presented on the offer of free rock. Alderman Puttick opposed; R-95-62 - Request from Royal Canadian Legion to utilize Chippawa Willoughby Memorial Arena - that the request from the Chippawn (Ontario N. 396) Branch of the Royal Canadian Legion to hold a Remembrance Day Ceremony on Sunday, November 5, 1995 at Chippawn Willoughby Memorial Arena and that a further report be prepared to come back to Council as quickly as possible on a new floor for the Niagara Falls Arena - Alderman Susin, conflict of interest; The motion Carried with Alderman Puttick voting contrary to the motion on Report M-95-146 and Alderman Susin abstaining from the vote on Report R-95-62, on a conflict of interest because he is a member of the Legio!~ and with all others voting in fayour. See By-law No. 95-197 . F-95-25 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $2,914,684.24 for the period ending August 14, 1995 be approved by the passing of the by-law appearing later on the agerids. Further information was requested on Cheque No. 214040; further information was provided on Cheque Nos. 213895; 213999; M91007; 213865; 214134 and 213996. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the report be received and adopted. The motion Carried with Aldermen Craitor, Cummings, Pietrangelo, and Susin, abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. See By-law No. 95-199 RATIFICATION OF FINANCE COMMITTEE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the actions taken on the following matters by Finance Committee, earlier this evening, be approved: 1. Approval of the Minutes of the July 24, 1995 Finance Conunittce Meeting; Housing Start Rebate Program - that 20% of any condominium developments would be eligible for the Housing Start Rebate Program provided that an Agreement of Sale is entered into; the condominium is occupied by April 1, 1996; and the deed and condominium application am registered by December 31, 1996 - Alderman Volpatti, conflict of interest; Housing Start Rebate - that the Housing Start Rebate be denied to persons not using a registered builder; FC-95-12 - Issuance of Letters of Credit - that Letters of Credit be accepted from the Family Saving and Credit Union (Niagara) Limited; R-95-52 - Niagara District Girls Hockey League Liability Insurance Coverage - that the Niagara District Girls Hockey League be added to the list of groups covered by the City's liability insurance policy; the additional premium to be paid by the League; Niagara Falls Thunder - Request for Sponsorship of Advertising Space - to approve a quarter page ad space in the Thunder program at a cost of $400.00; 7. To approve the amendment of the extension agreement for the Lido Pancake House. The motion Carried with Alderman Volpatti abstaining from the vote on the Housing Start Rebate Program and with all others voting in fayour. CD-9~-35 - Chief Administrative Officer - Re: AM-I/95, Restricted Area By-law No. 95-152 Balmoral Court (Plan 2) Plan of Subdivision - Sam Cardamone. The report recommends that Council reaffirm its approval of By-law No. 95-152 in order that the Clerk may notify the Ontario Municipal Board of this at the same time as he forwards the By-law and Letter of Objection to the Board with the request for a Hearing. ORDERED on the motion of Alderman Volpatti, seconded b~ Alderman Pietrangelo, that the report be received and adopted, Carried Unanimously, CD-95-36 - Chief Administrative Officer - Re: Special Occasion Permit, Annual MP's Picnic & Robert Capere Benefit Tournament. The report recommends that Council indicate it has no objection to the issuance of a Special Occasion Permit to the organizations listed in tiffs report. ORDERED on the motion of Alderman Craitor, seconded by Alderman Ward, that the report be received and adopted. Carried Unanimously. Discussions took place regarding the attendance of our Federal representative, Mr. Gary Pillitteri, M.P. at a future Council meeting. It was suggested that it would be fair for Council to submit a list of questions to Mr. Pillitteri prior to his attendance. 1 73- HR-95-11 - Chief Administrative Officer - Re: United Way Incentive Program for Civic Employees. The report recommends that Council approve two one-week vacations (5 days each) and six single vacation days to be awarded to the winners of the City's 1995 United Way Incentive Program draws. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Orr, that the actions taken on the following matters by the Committee of the Whole, earlier this evening, be approved: That the City Solicitor be authorized to settle the legal action commenced by Savo Rados against the City and others on the basis that the City pay to Mr. Rados the sum of $3,250.00 inclusive of all damages, fees and interests, and that the City Solicitor be further authorized to take all necessary steps in that regard, including obtaining a final release from Mr. Ratios prior to payment. That Council receive the decision of the Court of Appeal of July 27, 1995 allowing the appeal of Randy Jorgensen, 913719 Ontario Ltd. operating as Adults Only Video, due to the omission in the Adult Entertainment Partour By-law to define the word "goods" rendered the by-law void for uncertainty; and that the Zoning By-law did not provide for a definition of an adult entertainment parlour, Adults Only Video fell within the definition of a retail store in the by-law; and that no further action be taken. Carried Unanimously His Worship Mayor Thomson referred to a petition distributed by Mr. Tracy regarding the issue of ending nuclear testing and requested Council consideration. ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that Council support an immediate and permanent end to nuclear testing. Carried Unanimously. RESOLUTIONS NO. 64 - WARD - VOLPATTI - WHEREAS the Niagara Falls/Toronto Via Rail train route is on the list of likely cuts resulting from the Federal Government's reductions of Via funding; AND WHEREAS Via Rail is promoting new bus connections as alternative means of travel along several routes serviced by them including the Niagara Falls/Toronto Corridor; AND WHEREAS this current promotion of new bus connections may be to soften the impact of near future actions by Via Rail to eliminate or reduce its train service to/from Niagara Falls; THEREFORE BE IT RESOLVED that Via Rail and the Federal Government be informed of the City of Niagara Falls' strong opposition to any Via Rail service reductions or eliminations in the Niagara Falls/Toronto Corridor; AND THAT other Municipalities along the Niagara Falls/Toronto Via Rail route be requested to endorse this resolution and so inform both Via Rail and the Federal Government; AND The Seal of the Corporation be hereto affixed. Carried UnanimOusly. - 14 - NO. 65 - VOLPATTI - PIETRANGELO - BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby recognizes the Social Planning Council's MULTIFEST '95 event being held from September 23, 1995 to September 24, 1995 and designates the event as a "community festival" in Niagara Falls. AND The Seal of the Corporation be hereto affixed. Carried Unanimously. NO. 66 - HENDERSHOT - FISHER- BE IT RESOLVED that a message of condolence be forwarded to the family of the late Norman Cummings, a well-respected citizen of the community and father of Alderman Pat Cummings. AND The Seal of the Corporation be hereto affixed. Carried Una~nously. NO. 67 - WARD - CUMMINGS - BE IT RESOLVED that a message of condolence be forwarded to the family of the late James Harris, Director of Planning and Development for the Niagara Parks Commission and Secretary-Treasurer for the Illumination Board and husband of former City employee, Sheena Harris. AND The Seal of the Corporation be hereto affixed. Carried Unanimously. NO. 68 - CRAITOR - CAMPBELL - BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby supports the submission of the Niagara District Labour Council to the Royal Canadian Mounted Police to host the RCMP Musical Ride event. AND The Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 95-189 A by-law to amend By-law No. 395, 1966, as amended, of the former Township of Willoughby, now in the City of Niagara Falls. 95-190 A by-law to designate an area of land in the City of Niagara Falls as a site plan control area. 95-191 A by-law to amend By-law 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 41 of the Planning Act, R.S.O. 1990. 95-192 A by-law to amend By-law No. 79-200, as mended. (AM-22/95) 95-193 A by-law to establish certain land as a public highway to be known as Huggins Street. 95-194 A by-law to authorize the execution of Supplementary Agreement No. 201 under the Ontario Municipal Employees Retirement System (OMERS). 95-195 A by-law to authorize the execution of Amending Agreement No, 1 to Supplementary Agreement No. 201 under the Ontario Municipal Employees Retirement System (OMERS) in respect of its Head of Council. 95-196 A by-law to amend By-law No. 91-232, as amended, being a by-law to accept Letters of Credit. ~ 95-197 A by-law to authorize the execution of an agreement with Crown Landscaping Ltd. respecting Centennial Square Re-development. 95-198 A by-law to amend By-law No. 79-200, as amended. (AM-15/95) 95-199 A by-law to authorize the payment of $2,914,684.24 for General Purposes. (August 14, 1995) The motion Carried with Alderman Susin voting contrary to By-law Nos. 95-189; 95-190 and 95-191; Alderman Puttick voting contrary to By-law No. 95-197; Alderman Fisher abstaining from the vote on By-law No. 95-198 on a conflict of interest previously noted; Aldermen Craitor, Cummings and Susin abstaining from the vote on By-law No. 95-199 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the following by-laws be now read a second and third time: 95-189 A by-law to amend By-law No. 395, 1966, as amended, of the former Township of Willoughby, now in the City of Niagara Falls. 95-190 A by-law to designate an area of land in the City of Niagara Falls as a site plan control area. 95-191 95-192 A by-law to amend By-law 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 41 of the Planning Act, R.S.O. 1990. A by-law to amend By-law No. 79-200, as amended. (AM-22/95) 95-193 A by-law to establish certain land as a public highway to be known as Huggins Street. 95-194 A by-law to authorize the execution of Supplementary Agreement No. 201 under the Ontario Municipal Employees Retirement System (OMERS). 95-195 A by-law to authorize the execution of Amending Agreement No. 1 to Supplementary Agreement No. 201 under the Ontario Municipal Employees Retirement System (OMERS) in respect of its Head of Council. 95-196 A by-law to amend By-law No. 91-232, as amended, being a by-law to accept Letters. of Credit. 95-197 A by-law to authorize the execution of an agreement with Crown Landscaping Ltd. : respecting Centennial Square Re-development. 95-198 A by-law to amend By-law No. 79-200, as amended. (AM-15/95) 95-199 A by-law to authorize the payment of $2,914,684.24 for General Purposes. (August 14, 1995) The motion Carried with Alderman Susin voting contrary to By-law Nos. 95-189; 95-190 and 95-191; Alderman Puttick voting contrary to By-law No. 95-197; Alderman Fisher abstaining from the vote on By-law No. 95-198 on a conflict of interest previously noted; Aldermen Craiter, Cummings and Susin abstaining from the vote on By-law No. 95-199 on conflicts of interest previously noted and with all others voting in fayour, NEW BUSINESS - 16- Letters of Condolence ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that a message of condolence be forwarded to the family of the late Norman Cummings, a well- respected citizen of the community and father of Alderman Pat Cummings. Carried Unanimously. ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that a message of condolence be forwarded to the family of the late James Harris, Director of Planning and Development for the Niagara Parks Commission and Secretary-Treasurer for the Illumination Board and husband of former City employee, Sheena Harris. Carried Unanimously. Road Conditions Dorchester/Riall Streets Alderman Pat Cummings requested that the conditions of the roads at the corner of Dorchester Road and Riall Street be looked into afier recent sewer construction. The Director of Municipal Works indicated that the matter would be investigated. Pacific Star Recipient Alderman Shirley Fisher provided information regarding Mr. Ernest Jamistee, the recipient of the Pacific Star for his military services as a member in the Royal Canadian Signals Wireless group from August, 1942 until April, 1946. She advised that Mr. Jamistee received his award on the 50th Anniversary of World War II. Marina Wais. Miss World Majorette Award Alderman Shirley Fisher provided information on the accomplishments of 7 year-old Marina Wais, at the Miss World Majorette Competition and who was the first Canadian to be included in the New York State Twirling Hall of Fame on Fric~ay, August 4, 1995 in Utica, New York. Project S.H.A.R.E. Alderman Selina Volpatti referred to Project S.H.A.R.E. 's fundraiser event called "Oldie Weds Game" to be held on August 18, 1995 at the Skyline Brock Hotel Ballroom and invited everyone to attend. Social Planning Council Alderman Judy Orr advised that Council had passed a resolution several months ago · requesting a response from the Social Planning Council on "How Sodom Road Got It's Name". She requested that a reply be provided by the Social Planning Council. ,~*** Rental on the old Economic Development Agency Office 2 4 - Alderman Judy Orr enquired whether rent was being paid on the old E.D.A. Office space and the length of time that was still left on the lease. The Director of the Economic Development Department indicated that 18 months were left to be paid on the lease. Ward System Review Committee Alderman Norm Puttick referred to the Ward System Review Committee and suggested that the matter be moved along. He referred to a Toronto Star article on the new Greater Metre Toronto Regional government. He suggested that a copy of the article be provided in Aldermen's packages for the next Council meeting. Exotic Animal By-law Draft Alderman Kim Craitor, Chairman of the Exotic Animal Committee referred to the Exotic Animal By-law draft proposal and advised members that the final meeting is set for September 20, 1995 at 3 p.m. Royal Canadian Mounted Police Musical Ride Alderman Kim Craitor referred to the Niagara District Labour Council's submission to the Royal Canadian Mounted Police to host the RCMP Musical Ride event. He indicated that the purpose of the event would be to use the funds to continue support of community services. He requested that a letter of support for the application of a musical ride be provided and forwarded to Corporal Brace Whillans of the Royal Canadian Mounted Police, Musical Ride Tour. ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that a letter of support be p~ovided for the Royal Canadian Mounted Police Musical Ride event. Carried Unanimously. See Resolution No. 68 Acres International Update His Worship Mayor Thomson provided an update on Acres decision to find new facilities between Toronto and the Niagara Region. Mayor Thomson urged members of Council and the community to write to the President and top officials at Acres indicating that they remain in Niagara Falls. Adult Entertainment Parlours - Lap Dancing His Worship Mayor Thomson referred to the issue of the metre Toreme lap dancing by- law, and requested that consideration be given to having further controls on the lap dancing by- law. ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that the Lieencing Board at the Police Commission review the by-law and consider further controls on the lap dancing by-law. Carried Unanimously, **~** Letter of Commendation - Alderman Fermino Susin referred to litter alongside Sodom Road and the efforts of a Laidlaw truck operator, Mr. Stephen Szczepanczy, who stopped and picked up the litter along the road. Alderman Susin requested that Mr. Szczepanczy's efforts be commended. Blue Box Theft ORDERED on the motion of Alderman Susin, seconded by Alderman Fisher, that staff be directed to take quick and immediate steps and lay charges with regard to thefts from the Blue Box program. Carried Unanimously. ORDERED on the motion of Alderman Orr, seconded by Alderman Susin, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, SPECIAL FLEETING Council Chambers August 16, 1995 Council met on Wednesday, August 16, 1995 at 4:00 p.m. for the purpose of considering Report CS-95-08, a report from the Director of Community Services with respect to the offer of free rock for the Centennial Square waterfall and to view other similar projects; to consider Report EDD-95-03, Stanley Avenue Industrial Park Signage and to approve By-law 79-200, Fi. e~ Q. D'Amico. All members of Council, with the exception of Aldermen Campbell, Fisher, Janvary, Orr and Puttick, were present. CS-95-06 - Chief Administrative Officer - Re: Centennial Square Redevelopmerit Waterfall Contract No. 88-95 (Update Report). The report recommends that Council consider the information provided in this report. The Director of Community Services presented Report CS-95-06 with the assistance of a slide presentation. Mr. David Crown, owner of Crown Landscaping Ltd. responded to questions regarding the suitability of rough stone for this type of construction. His Worship Fiayor Thomson stated that it was his interest to have this matter dealt with In as a professional manner as possible, as the waterfall feature was to be a focal point. He advised that he did not lobby any members of Council for Crown Landscaping and asked all members present if they had been contacted by him, and there was no positive response. Alderman Cummings expressed concerns that as a committee member, he had not been made aware of any option of free rock while staff was considering it. He was advised by the Director of Community Services that it had been an offer made well into the process and that staff had fully considered it before it had been discounted. Alderman Susin asked Fir. Crown if he was aware of what was the worth of the type of rock being offered for free. Fir. Crown responded that It would be worth no more than $10.(30 a tonne due to its irregular size and shape. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craltor, that the Committee award the "decorative rock" portion of the Centennial Square waterfall to. Crown Landscaping Limited of Ridgeway, Ontario in the amount of $34,730.00 (plus GST); and that a By-law be passed to authorize the CIty to enter into an Agreement with :Crown Landscaping Limited to construct the decorative rock work for the Centennial Square waterfall. The motion Carried with the following recorded vote. AYE: Absent: Alderman Craltor; Alderman Cummings; Alderman Hendershot; Alderman Pletrangelo; Alderman Susln; Alderman Volpattl; Alderman Ward and Fiayor Thomson. Aldermen Campbell, FIsher; Janvary, Orr and Puttick. Members of Council requested that the DIrector of Community Services conduct the slide presentation at the next meeting of Council. -2- EDD-96-03 - Chief Administrative Officer - Re: Stanley Avenue Industrial Park Sig~age. The report recommends that the quotation in the amount of $5, 150.00 plus GST submitted by Slgnature Signs be approved for the reconstruction and painting of the Stanley Avenue Industrial Park. ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried with Alderman Susin abstaining from the vote on a conflict of interest because he owns property in the business park. BY-LAWS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that leave be granted to introduce the following by-law, and the by-law be read a first time: 95-200 A by-law to amend By-law No. 79-200, as amended (AM-7/94, M e~ Q D'Amico, 6114 Culp Street) ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the following by-law be now read a second and third time: 95-200 A by-law to amend By-law No. 79-200, as amended (AM-7/94, M ~ Q D'Amlco, 6114 Culp Street) ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that the meeting be adjoumed. Carded Unanimously. READ AND ADOPTED, / IIAYO" WAYNE THOMSON 1 COMMITTEE OF THE WHOLE Committee Room #2 August 28, 1995 Council met on Monday, August 28, 1995 at 6:30 p.m. in Committee of the Whole. All members of Council were present. Alderman Norm Puttick presided as Chairman. Following consideration of the items presented, the Committee of the Whole reported in open session. READ AND ADOPTED, MAYOR WAYNE THOMSON REGULAR MEETING Council Chambers August 28, 1995 Council met on Monday, August 28, 1995 at 7:30 p.m. for the purpose of considering Regular Business. All members of Council were present. Alderman Shirley Fisher offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTEREST Alderman Craitor indicated a pecuniary interest on Report F-95-26, Cheque No. 214293, became he sits on the Board as a volunteer member; and indicated a pecuniary interest on Cheque Nos. 214483; 214362; M91046 and 214241 because the recipient is his witYs employer. Alderman Cummings indicated a pecuniary interest on Report F-95-26, Cheque Nos; 214483; 214362; M91046 and 214241 because a member of his family is employed by the Region. Alderman Hendershot indicated a pecuniary interest on Report F-95-26, Cheque No. M91028, because the funds were for his A.M.O. Conference expenses. Alderman Susin indicated a pecuniary interest on By-law No. 95-202 and Report F-95-26, Cheque No. 214416 became members of his family are volunteer firefighters. ADOPTION OF MINUTES ORDERED on the motion of Alderman ttendershot, seconded by Alderman Craitor, that the Minutes of the Planning/Regular Council Meeting of August 14, 1995 and the Minutes of the Special Meeting of August 16, 1995 be adopted as printed. Carried Unanimously. -2- PRESENTATIONS His Worship Mayor Thomson presented a token of appreciation to 7 year old Eric Jones who, when he was 4 years old, was very helpful in getting assistance when his mother was incapacitated. His Worship Mayor Thomson thanked and congratulated Eric on his heroic efforts. Centennial Square Waterfall Feature The Director of Community Services provided a brief summary of events leading to the present situation and presented a slide presentation regarding the type of stone that had been offered and the suggested stone to be used in the Centennial Square Waterfall project. Alderman Puttick provided and reviewed a cost estimate for the waterfall construction, placement and firing of stones using City forces. Following further discussions and explanations, Council reaffirmed its previous position of the August 16, 1995 meeting. ORDERED on the motion of Alderman Cmitor, seconded by Alderman Ward, to reaffirm Council's previous decision to award the "decorative rock" portion to the Centennial Square waterfall to Crown Landscaping Limited of Ridgeway, Ontario, in the amount of $34,730.00 (plus GST). The motion Carried with Alderman Puttick voting contrary to the motion and with all others voting in favour. DEPUTATIONS Multiple Sclerosis Belinda Yorke thanked members of Council and Mayor Thomson for raising over $600.00 in pledges and presented a token of appreciation to His Worship Mayor Thomson on behalf of the First Niagara Super City Walk for Multiple Sclerosis. Ms. Yorke informed that the Noranda Forest Multiple Sclerosis Bike tour would be held on September 10, 1995 with the attendance of Mr. Gord Singleton, 5-time World Record Holder Cyclist; and hosts of the T.V. program, "Body Break", Joanna McLeod and Hal Johnson, who would be taping and airing segments of the bike tour on an t~pcoming Life Network program. Mr. Chris Biasucci provided information regarding the Multiple Sclerosis 1995 Bachelor Classic Auction to be held at the Toronto Convention Centre on November 20, 1995 and of his participation in the event. 15th Annual Terry Fox Run Elisabeth Teunis provided a brief summary of the Terry Fox event and advised that the City of Niagara Falls had raised over $200,000 with the Council "Dream Team" having raised approximately $3,000. She requested Coancil's participation in the 15th Annual Terry Fox Ran, being held on September 17, 1995 and distributed T-shirts to His Worship Mayor Thomson and members of Council. Brookfield Park P!avaround Equipment Dr. George Burgman stated that he was in attendance on behalf of the residents who were in favour of the smaller play equipment as opposed to the larger Creative Playspace; reviewed several attachments with respect to the Creative Playspace Installation; advised that the 1 I -3- size of the play area was too small for the larger type of play equipment. Dr. Burgman requested that Council consider the two styles of playground equipment, the traditional play structure or the modified original larger play structure. Mr. Chris Cairns reviewed and provided clarification on the proposed Brookfield Park playspace plan through the use of slides; discussed the location and style of the playground equipment; and referred to the removal of the roof top section from the playground equipment; the placement of the equipment away from Dr. Burgman's property and the painting of a steel- domed climber. He stated that the children should be able to play in the parkette and not have to cross the street to play elsewhere and requested Council's consideration of the modified creative play equipment. - AND - Communication No. 248 - Appendix A - Resident Notice, dated February 2, 1995; Communication No. 249 - Appendix B - Revised Resident Notice, dated June 15, 1995; Communication No. 250 - Appendix C - Petition, dated June 30, 1995, headed by Dr. Burgman; Communication No. 251 - Appendix D - Resident Notice, dated July 10, 1995; Communication No. 252 - Appendix E - Correspondence from the Brookfield Park residents, dated July 16, 1995; Communication No. 253- Appendix F - Correspondence from the Chief Administrative' Officer, dated August 2, 1995; Communication No. 254 - Appendix G - Map of Clare Crescent and Brookfield Avenue; Communication No. 255 - Dr. Burgman's Submission to Council; Communication No. 256 - Gina Marie W. Anthes and Thomas V. Anthes, requesting that the project should be approved and finished without further delay; Communication No. 257 - Dr. John W. Clark, informing of being in favor of the orginal creative playstructure as proposed; Communication No. 258 - Petition from area residents indicating as being in favour with the proposed playground on Brookfield Avenue; Communication No. 259 - Mr. & Mrs. Speedie- advising of withdrawing of support for the modular creative playstructure. Following some discussion it was ORDERED on the motion of Alderman Janvary, seconded by Alderman Hendershot, that Council reaffirm it's decision of July 241h, 1995 regarding the modified equipment. The motion Carried with Alderman Puttick voting contrary to the motion and with all others voting in fayour. ORDEI~.D on the motion of Alderman Susin, seconded by Alderman Pietrangclo, that the communications be received and filed. Carried Unanimously. -Petition to Save the Children Ms. Brenda Senneff was in attendance regarding the matter of the Metre Bakery parking lot and the safety of a private home day care. Following some discussion, it was ORDERED on the motion of Alderman Craitor, seconded by Alderman Orr, that the matter be referred to staff for a report in two week's time. Carried Unanimously. - AND - Communication No. 260 - Petition to Save the Children - providing newspaper articles front July 21, 1995; August 14, 1995 and August 15, 1995; photo's from June 27, 1995 accident; photo's taken of cement & metal barriers used to protect property in the City; original petition of 556 signatures; and insurance notice of cancellation on Churchill Street home. , - 4 - UNFINISHED BUSINESS R-95-63 - Chairperson, Civic Committee - Re: Naming of Town Crier for the City of Niagara Falls. The report recommends the following: 1. That Council approve the appointment of Derek Tidd as the new Town Crier for the City of Niagara Falls; 2. That the By-law appearing later in this evening's agenda, appointing Derek Tidd as the official Town Crier, be accepted. ORDERED on the motion of Alderman Janvary, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously. See By-law No. 95-201 Mr. David McKec, President of the Ontario Guild of Town Criers, welcomed the new Town Crier, Mr. Derek Tidd into the Guild. Mr. MeKee introduced Mr. Ralph Wilding; ~ Mr. Jim Green and Mr. Bob Hid, who are members of the Ontario Guild of Town Criers to ~. Mr. Derek Tidd extended his thanks to City Council for his appointment as the new Town Crier. Ministry of Culture. Tourism and Recreation Prior to dealing with further matters on the Agenda, His Worship Mayor Thomson introduced Mr. Bart Maves, M.P.P. who provided information on the recent announcement regarding the cancellation of the Ministry of Cultare, Tourism and Recreation relocation to Niagara Falls; responded to inquiries regarding what steps could be taken by businesses in the vicinity of the building with respect to compensation; referred to the formation of a task force comprising of local business people and the Economical Development Agency to determine and fred alternative and appropriate ways in bringing new people into the community and occupy the new building. His Worship Mayor Thomson referred to a letter from the Mayor's Office to be forwarded to Premier Mike Harris requesting the reconsideration of his decision and requested Council endorse the letter and the placing of a petition. ~ Following some discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings, that Council endorses the Mayor's letter to Premier Mike Harris and the placing of petition. Carried Unanimously. Ward System Review - Public Meetinlts Alderman Kim Craitor indicated that at the Council meeting of July 24, 1995, it was recommended that a series of Public Meetings be held in the various Wards to obtain input of the residents. He announced the following 5 public meetings to be held; Ward 2 - 7 p.m. - Tuesday, September 19, 1995 at the Chippawa Lions Club; Ward 4 - 7 p.m. ~ Wednesday, September 20, 1995 at Fire Station No. 6; Ward 3 - 7 p.m. - Wednesday, September 27, 1995 at the Willoughby Fire Hall; Ward 1 - 7 p.m. - Tuesday, October 3, 1995 at A.N. Meyer (cafeteria); Ward I - 7 p.m. - Wednesday, OctOber 4, 1995 at Princess Margaret School. -5- Alderman Kim Craitor informed that the ineetings would be advertised in the local papers to advise the public of the time and locatioo and that a questiom~aire was being prepared to allow those who cannot attend the public meetings to provide comments. The ioput received at the public meetings and through the questionnaire would assist the Committee in the ti3rmulation of recommendations to Council. COMMUNICATIONS Communication No. 261 - Mrs. S. Nadon, 7933 Tad Street & Petition from the area residents - Re: Walkway. The communication requests that Council consider the closure of the north-south walkway linking Tad Street to Westwood Street. Mr. Jeff Coleman, 7940 Tad Street informed that the initial inteot of the walkway had been to provide access to a future public school which had oot been built. lie requested that the walkway be closed due to vandalism aud abuse in the area. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary, that the matter be referred to staff. Carried Unanimously. Communication No. 262 - Regional Niagara, Planning and Development Department - Re: Cancellation of the Niagara Tender Fruit Lands Program. The communication advises of the termination of the Niagara Tender Fruit Lands Program and requests Council support in pctitioning the Minister of Agriculture, Food and Rural Affairs to identify quickly what assistance he is willing to provide to the tender fruit industry. ORDERED on the motion of Alderman Janvary, seconded by Aidcretan Pictrangclo, that Council supports the request. Carried Unanimously. Communication' No. 263 - Mr. Anthony Bilotta, Royal LePage and Agent for Greenway Estates - Re: $2,000.00 Housing Rebate. The commtmication requests Council grant a $2,000.00 rebate for Lots 1 and 2, Charnwood Avenue, located in the new Greenway Estates. ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the matter be referred to the Committee. Carried Unanimously. REPORTS R-95-64 - Chairperson, Civic Committee - Re: Policy and Procedure for the Naming and Renaming of Parks and Facilities. The report recommends that the attached Policy and Procedure for the Naming and Renaming of Parks and Facilities be approved. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that the xcport be approved and adopted. Carried Unanimously. R-95-65 - Chairperson, Civic Committee - Re: Day of Mourning. The report recommends the following: That the City of Niagara Falls host the Day of Mourning, April 28, 1996, with a special ceremony and a tombstone to mark the occasion; 2. That a location on City property be provided for the monument. ORDERED on the motion of Alderman Janvary, seconded by Aldarman Craitor, that the report be received and adopted. Carried Unanimously. -6- RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, that the actions taken on the following matters by the Community Services Committee, earlier this evening, approved: Community Services Co~nmittee Meeting Minutes - that the Minutes of the August 14, 1995 Community Services Committee Meeting be adopted; MW-95-148 - Yokom Road/Crowland Avenue Drainage - that the cleanup of the ditch system from Crowland Avenue to 450m west of Crowland Avenue be carried out to help improve existing drainage problems at an estimated cost of $14,000 subject to: 1) the cost of these works be financed from the Engineering Reserve Accounts; and 2) the approval of the Niagara Peninsula Conservation Authority be obtained and that the excavated material be placed on the lands abutting the ditch with the co-operation of property owners; F-95-05 - Fire Department Air Ambulance Heliport - that Council authorize the use of Fire Department properties for an Air Ambulance Heliport and also authorize the operation of this Heliport by the Greater Niagara General Hospital; MW-95-149 - Waste Management Jarisdiction - that 1) the City of Niagara Falls reaffirm its support for the transfer of jurisdiction to the Region for all or any of the four (4) Waste Management Components; 2) that the Region and local Municipalities consider immediate transfer to the Region for jurisdiction for only those components for which there is majority of support and at least long term disposal; and 3) that a final determination on the jurisdiction issue be made in September, 1995 - Opposed: Alderman Susin; MW-95-150 - Environmental Assessment for the Proposed Fort Erie/Port Colborne Landfill (Site "A") - that Regional Niagara and the Ministry of the Environment be advised that the City of Niagara falls supports the Reginn's position on the Environmental Assessment for the Proposed Town of Fort Erie/City of Port Colborne Landfill (Site A); R-95-59 - Extension of Agreement with Coca Cola Bottling Ltd. - that the extension to the Agreement with Coca Cola Bottling Ltd. be supported and that the amending By-law appearing later on Council's agenda be passed; ~ The motion Carried with Alderman Susin voting contrary to the motion on Report MW-95-149 and with all others voting in favour. See By-law No. 95-203 PD-95-126 - Chief Administrative Officer - Re: Action Arising from Local Architectural Conservation Advisory Committee (LACAC), Meeting, August 10, 1995. The report recommends that City Council endorse the actions arising from the August 10, 1995 Local Architectural Conservation Advisory Committee as outlined in this report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. HR-95-12 - Chief Administrative Officer - Re: Employee Recognition Night. The report recommends that Council authorize an Employee Recognition Night to be held on Friday, November 10, 1995 and as well, an expenditure of $2,500 towards operating costs. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. - 7- F-95-26 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $3,179,216.66 for the period ending August 28, 1995, be approved by the passing of the by-law appearing later on the agenda. Further information was provided on Cheque Nos. 214250; 214278; 214279 and 214298. ORDERED on the motion of Alderman Cummings, seconded by Alderman l'ietrangelo, that the report be received and adopted. The motion Carried with Aldermen Hendershot, Craitor, Cummings and Susin abstaining from the vote on conflicts of interest previously noted and xvith all others voting in favour. See By-law No. 95-206 CD-95-37 - Chief Administrative Officer - Re: Special Occasion Permit, Social Planning Council - Mu!fifest Event. The report recommends that Council indicate it has no objection to the issuance of a Special Occasion Permit to the organization listed in this report. ORDERED on the motion of Alderman Hendcrshot, seconded by Aldermaa Cummings, that the report be received and adopted. Carried Unanimously. L-95-67 - Chief Administrative Officer - Re: Property Standards Order, Wanda Conforti, 8709 Lundy's Lane. The report recommends that Council retain a demolition contractor to forthwith complete the work which Wanda Conforti was directed to carry out under the Order of the Property Standards Officer, namely demolish all buildings, leaving the land in a clean and level condition, on the subject property. ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. L-95-68 - Chief Xdministrative Officer - Re: Ministry of Transportation Agreement with The City of Niagara Falls Access to Motor Vehicle Records Maintained by the Ministry on their Computer System. The report recommends that City Council approve the By-law, authorizing the Agreement between Her Majesty the Queen in Right of the Province of Ontario as represented by the Ministry of Transportation and the City of Niagara Falls in order to permit the City to have direct computer access to the Motor Vehicle records maintained by the Ministry on their computer system. ORDERED on the motion of Alderman Susin, seconded by Aldermm~ Pietrangelo, that the report be received and adopted. Carried Unanimously. See By-law No. 95-204 RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the action taken on the following matter by Committee-of-the-Whole, earlier this evening, be approved: To correct the deficiencies in the Site Plan Agreement of Walnut Grove Estates subject to the Solicitor's recommendations. Carried Unanimously BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that leave be granted to introduce the following by-law, and the by-taw be read a first time: 95-201 A by-law to appoint Derek Tidd the Official Town Crier of the City of Niagara Falls. Carried Unanimously ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 95-202 A by-law to authorize the execution of an Agreement respecting a loan to the Willoughby Volunteer Fire Department located at 11208 Sodore Road. '95-203 A by-law to authorize the execution of an agreement with Coca-Cola Bottling Ltd. A by-law to authorize the execution of an Electronic Data Transfer Agreement with Her Majesty the Queen in right of the Province of Ontario as represented by the Ministry of Transportation. The motion Carried with Alderman Susin abstaining from the vote on By-law No. 95-202 on a conflict of interest previously noted; Aldermen Hendershot, Craitor, Cummings and Susin abstaining from the vote on By-law No. 95-206 on conflicts of interest previously noted and with all others voting in favour. On the motion of Alderman Orr, seconded by Alderman Fisher, that By-law No. 95-205 Carried Unanimously ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the following by-law be now read a second and third time: 95-201 A by-law to appoint Derek Tidd the Official Town Crier of the City of Niagara Falls. Carried Unanimously ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the following by-laws be now read a second and third time: 95-202 . A by-law to authorize the execution of an Agreement. respecting a loan to the Willoughby Volunteer Fire Department located at 11208 Sodom Road. 95-203 A by-law to authorize the execution of an agreement with Coea-Cola Bottling Ltd. 95-204 A by-law to authorize the execution of an Electronic Data Transfer Agreement with Her Majesty the Queen in fight of the Province of Ontario as'represented by the Ministry of Transportation. 95-206 A by-law to authorize monies for General Purposes (August 28, 1995). The motion Carried with Alderman Susin abstaining from the vote on By-law No. 95-202 on a conflict of interest previously noted; Aldermen Hendershot, Craltor, Cummings and Susin abstaining from the vote on By-law No. 95-206 on conflicts of interest previously noted and with all others voting in fayour. On the motion of Alderman Orr, seconded by Alderman Fisher, that By-law No. 95-205 be deferred to the Parking and Traffic Committee. Carried Unanimously -9 - NEW BUSINESS Delivery of Council Packages ORDERED on the motion of Aidcretan Susin, seconded by Alderman Volpatti, that staff prepare a report regarding the delivery of Council packages on a Thursday evening and also to provide alternative recommendations. The motion Carried with Alderman Cummings voting contrary to the motion and with all others votiug in favour. Payroll Services Alderman Judy Orr referred to a newspaper article which stated that the City payroll services had been contracted out. She was advised by the Director of Finance that no decisions on contracting out had been made and that staff were investigating the possibilities as authorized by Council and that no decision would be made prior to a report being presented to Council. Flow of Traffic Alderman Norm Puttick inquired whether the flow of txvo-way traffic on Huron Street and one-way traffic on Morrison Street was a permanent arrangement. He was advised by the Director of Municipal Works that the matter of traffic circulation and parking in the downtown area was being monitored and if the existing situation would not be appropriate, changes would be made. Letter of Congra. tulations ORDERED on the motion of Alderman Craitor, seconded by Alderman Susin, that a letter of congratulations be forwarded to Terry Ramsay, Coach of the Niagara Falls Rapids, for all the efforts in hosting the 1995 Eastern Canadian Novice Girls Championships held on August 25th, 26th and 27th, 1995 in Niagara Falls. Carried Unanimously. Niaaara Falls Thunder Alderman Pat Cummings referred to the Niagara Falls Thunder training camp and requested Council and community support of the Niagara Falls Thunder team through the purchase of season tickets to the Thunder games. Mayor's Charitable Picnic His Worship Mayor Thomson referred to the Mayor's Charitable Picnic to be held on September 10, 1995 with all the proceeds going to the United Way and invited everyone to attend. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON l COMMITTEE OF THE WHOLiE Committee Room #2 September 11, 1995 Council met on Monday, September 11. 1995 at 7:00 p.m. in Committee of the Whole. All members of Council were present. Alderman Wayne Campbell presided as Chairman. Following consideration of the items presented, the Committee of the Whole did not rise and report. READ AND ADOPTED, MAYOR WAYNE THOMSON REGULAR MEETING Council Chambers September 11, 1995 Council met on Monday, September 11, 1995 at 7:30 p.m. for the purpose of considering Regular Business. All members of Council were present. Alderman Selina Volpatti offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTEREST Alderman Craitor indicated a pecuniary interest on Report F-95-28, Cheque No. 214848, because the recipient is his spouse's employer. Alderman Cummings indicated a pecuniary interest on Report F-95-28, Cheque No. #214848, because a member of his family is employed by the Region. Alderman Susin indicated a pecuniary interest on Report F-95-28, Cheque No. 214820. and M91055, because members of his family are volunteer firefighters. His Worship Mayor Thomson indicated a pecuniary interest on Report MW-95-154 and On By-law No. 95-208 because a member of his family works for the firm. ADOPTION OF MINUTES. Alderman Susin requested that the Minutes reflect his conflict of interest on By-law No. 95-202, because members of his family are volunteer firefighters, ORDERED on the motion of Alderman Volpatti, seconded by AIderman Cummings, that the Minutes of the Regular Council Meeting of August 28, 1995 be adopted as amended. Carried · Unan mously. -2- PRESENTATIONS Heroic Efforts His Worship Mayor Thomson presented a token of appreciation to Bill Rapp and David Gallina for their quick thinking and heroic efforts in saving the life of 4 year old Brandon Racey. Defibrillation Program Mr. Sasani, Sasani Optical presented a certificate and cheque to Mayor Thomson on behalf of Sasani Optical toward the Defibrillation Program. His Worship Mayor Thomson presented a Community Award of Excellence and a donation to Dr. Munkley, Head of the base hospital for firefighter defibrillation equipment on behalf of Sasani Optical. 1995 Trilllure Awards His Worship Mayor Thomson, Alderman Shidey Fisher and Alderman Paisley Janvary presented awards to property owners in recognition of the work and effort in beautifying their properties as follows: Category 1 - Residential Property: 1 st Place 2nd Place 3rd Place Award of Merit Larry & Shirley Maraldo; Frank & Margaret Kovalec; Colleen & Don Calaguim; Francis & Soma Perera; Steve Margittay; Placido & Patti lammarino; Nicholas & Antoinette DiBellonia; Grace & Steve Balogh; Edwin & Margie Webber; Jim & Jo Perkins Category 2 - Commercial. Industdal and Institutional Property: Mayor's Award 1 st Place 2nd Place 3rd Place Salvation Army Eventide Home - Harold Barnes Flying Saucer - Henry & Lillian DiCienzo St. Patrick's Church - Father Ben Hogan ' St. Stephen's Church - Harold Barnes His Worship Mayor Thomson congratulated all the residential and commercial winners on behalf of the City. '. Mayor Thomson thanked Mr. Pat Simon for his involvement in taking the photographs cf the residential and commercial properties. -3- DEPUTATIONS Mr. Gary Pillitteri, M.P. responded to concerns regarding the Federal governmenrs reductions to the provinces' transfer payments; discussed the introduction of a new Canada Social Transfer to replace the transfer to the provinces currently made under the Canada Systems Plan; indicated that the Canadian Health Act would continue to apply and all Provincial governments would be required to deliver health care consistent with the Act; stated that Post Secondary Education would not change under the new Canada Social Transfer program. Mr. Pillitteri distributed documents to Council that provided information on the Ontario Infrastructure Works Program dealing with the National Summary; Status Report for the Region and The City of Niagara Falls and the status of projects for Niagara Falls; responded to concerns regarding the Thorold Stone Road Sanitation Project and indicated that the Federal government needed the co-operation of the Provincial government to support the project. Mr. Pillitteri responded to concerns regarding the issue of prostitution and advised that the Justice Minister would be bringing legislation forward for tougher sentencing; provided information on the M.P.'s pension package; advised that a review would be made on the aging population of Canada; responded to questions regarding M.P.'s $28,000 non-receipted expenses; discussed the referendum question in Quebec; and provided information on the issue of consideration being given for equalization payments to the Province. Alderman Kim Craitor advised that under the Code of Conduct Act that governs him as an employee of the Federal government, does not allow him to ask questions or indicate his personal views. His Worship Mayor Thomson thanked Mr. Pillitteri for his comments and attendance. Attack by Vicious Dog The City Solicitor advised that a Court date of October 5, 1995 had been set for the matter whereby the owner would be charged with breaching a court order to control the dog and that under the dog owner's liability act, the City is seeking an order for the dog to be destroyed, in light of the fact that the dog had attacked another animal. Mr. L. Nicholls, 6327 Monroe St., expressed concerns regarding the vicous dog that had attacked his dog and other dogs in the neighborhood; he stated that several complaints had been filed on numerous occasions and that the matter has not yet been resolved. He requested that a by-law be prepared dealing with the matter before a tradgedy occurs. The City Solicitor advised that upon investigating the attack on Mrs. Lavellee's dog, an application had been brought before the courts and that the owner had consented to have the dog restrained on the property and leashed and muzzled when off the property. He indicated that the City investigates each complaint and responds immediately to complaints. Ms. Julle Perone, indicated she was in support of the concerns expressed by the residents; advised that the enforcement of a 10-day quarantine was the responsibility of the dog owner; and expressed concerns regarding the delay between the end of the quarantine period and the court date when there was no monitoring of the animal. Mrs. Dora Perone, 6989 Glengowan, expressed concerns regarding the leashing and muzzling of dogs and requested that a by-law be prepared stating dogs should be I~ashed and muzzled, -4- The City Solicitor responded that the City's present By-law does not require dogs to be leashed off their properties only to be under the care and control of the owner and advised that the matter regarding the leaching and muzzling of dogs when off their property could be looked into. - AND - Report L-95-69 - Chief Administrative Officer - Re: Vicious Dog Fines, Dog Owners' Liability Act; Dog Control & Licencing By-law No. 75-253; File 88CNF000.005. The report recommends that the report be for the information of City Council. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the .- report be received and filed for the information of Council. Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the communications be received and filed. Carried Unanimously. '~ ~ ,' ORDERED on the motion of Alderman Campbell, seconded by Alderman Janvary, that the ! :: City Solicitor be directed to investigate ways through local by-laws to bring in and impound vicious dogs and further that the Mayor and staff investigate more immediate action in this ,' : i '; '::! specific case. Carried Unanimously. ~ be directed to investigate and repo~ on the ma~er regarding the leashing and mulling of , - ,, ~. ,:~~: dogs while being off their prope~ies. Carried Unanimously. ~,,~-,~,~E~{ :~ := COMMUNICATIONS '-..', ;': i: Communi~on No. 2~ - National Prisoners of War Association (E.T.) of Canada - Re: ' , ~: ,,~ 7~,': Memodal SaUce. The communistion reques~ Council permission to use the War Memorial ~ "s.",:'~, ~E~ ~. on Clifton Hill on October 14, 1995 at 10:45 a.m. and requesting "No Parking" in front of the ~ · ,~-~ ,.r ~.%,,. ~;:::,%, :: ~:~:~,~ ;~: Cenotaph be enforced during the se~ice. ,,?~: ,.~:, ~:.~:, ~: ~ ORDERED on ~e moron of Nde~an Ward, seconded by Alderman Craitor, that the request '.~ .~",. ';"'Lh:~i::::= be approved subject to established policy. Carried Unanimously. ~ ~ :~. :~ ,~,~'~:;;;; Communi~on No. 265 - T. H. Rudd~k, ~hitm Ltd. - Re: Signage. The communication -5- Communication Commun,cation Communication Communication Communication Communication Communication Communication Communication No. 269 - Corres No. 270 - Corres No. 271 - Corres No. 272 - Corres No. 273 - Corres No. 274 - Corras No. 275 - Corres No. 276 - Corres No, 277 - Corres 3ondence from 3ondence from 3ondence from 3ondence from ~ondence from 3ondence from )ondence from Jim Stewart and Rita C. Stewart; Mr. Peter De Luca; Rose Udell; Carola Tarrant; Mr. & Mrs. William Coopers & Family; Mrs. Irene Kis; Louis Mitchell; ~ondence from Isabelle Bold; ~ondence from Mr. Bob Wood, M.P.P., London South to The Honourable Dave Johnson ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary, that the communications be received and filed for the information of Council. Carried Unanimously. Communication No. 278 - Carol Jones, Monte Carlo Bingo Association - Re: Creation of Bingo Committee. The communication requests that a committee be created to include city appointed representatives and one representative from each bingo hall in Niagara Falls to address bingo operation concerns. ORDERED on the motion of Alderman Janvary, seconded by Alderman Volpatti, that the matter be referred to staff. The motion Carried with Aldermen Craitor, Cummings and Susin abstaining from the vote because they are associated with groups that deal with bingos. Communication No. 279 - Social Planning Council of Niagara Falls - Re: Canada Day Celebrations. The communication provides information on the "Canada Remembers" event which had invited local citizens to participate in telling about life in Niagara Falls in recognition of the theme for "Canada Remembers". ORDERED on the motion of Alderman Orr, seconded by Alderman Susin, that the communication be received and filed for the Information of Council. Following some discussion, it was ORDERED on the motion of Alderman Orr, seconded by Alderman Susin, that staff prepare a report regarding an oversight on the request for comments and a reply from the Social Planning Council on "How Sodore Road Got It's Name". Carried Unanimously. Communication No. 280 - Rainbow Publications - Re: The Niagara Market Study - 1995. requests Council permission to erect a 168 foot sign at the Canadian Store, 3770 Montrose~The communication provides information on the research taken for the market study. Road. ORDERED .on the motion of Alderman Hendershot, seconded by Alderman Campbell, that'i ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the communication be received and filed for the information of Council. Carried Unanimously. the request be approved. Carried Unanimously. ' . Communication No. 281 - City of Welland - Re: Resolution - Region-wide reassessment.' Communication No. 266 - The Municipality of Metropolitan Toronto - Re: Amendment tot The communication requests Council endorse a resolution requesting the Region to delay the Schedule 36, By-law No, 20-85, Adult Entertainment Padours and Lap Dancing. The ':~ implementation of Region-wide re-assessment until the report has been received and communication provides information on the amendment to the Adult Entertainment Padours'reviewed by the Region and area municipalities, and Lap Dancing by-law and requesting that licensing authorities adopt similar legislation as'ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo, that soon as possible. the request be denied and that Council reiterate its previous position. Carried Unanimously, ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that the matter be referred to, staff. Carried Unanimously, '~ REPORTS Communication No, 267 - The Honourable David Johnson, Chair.of Management Boardi ~ MW-95-154 - Chief Administrative Officer - Re: Contract 94-119; Mewburn of Cabinet - Re: Ministry of Tourism building, The communication advises of the Provincei-Road/Concession 6 Watermain Installation, The report recommends that the unit prices of Ontado's decision not to proceed with the relocation project to Niagara Falls.! submitted by the low tenderer, Provincial Construction (Montrose) Ltd. be accepted and the - by-law be passed. - AND - i-, Correspondence from the following requesting reconsideration of the Province's decision:; His Worship Mayor Thomson relinquished the Chair on a conflict of interest previously . noted, Communication No, 268 - Correspondence from The Social Planning Council of N agara Falls; ' Alderman Bruce Ward assumed the Chair, -6- ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. See By-law No. 95-202 His Worship Mayor Thomson resumed the Chair. RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, that the ~actions taken on the following matters by Community Services Committee, earlier this evening be approved: Approval of the Minutes of the August 28, 1995 Community Services Committee meeting; Report MW-95-147 - Proposed Bender Street Opening at CPR Crossing - that Council endorse the proposed opening of Bender Street at the Canadian Pacific Railway Crossing; that staff be authorized to proceed and obtain the necessary approvals to open Bender Street; and that all costs associated with the construction of Bender Street be referred to the Finance Committee for consideration in the 1996 Capital Budget - Aldermen Orr and Craitor opposed; Report R-95-68 - Portable Floor for Niagara Falls Memorial Arena - that the purchase and installation of a new portable floor, in the amount of $23,000.00 for Niagara Falls Memodal Arena be included in deliberations on the 1996 Capital Construction Budget; - Alderman Puttick opposed; Report R-95-72 - Right to Advertise on Rink Boards at Stamford Arena - that a 2 year agreement between the City and the Niagara Falls Junior "B" Canucks Inc. for advertising on rink board signs at Stamford Memorial Arena be approved - Alderman Craitor abstained from the vote on a conflict of interest; Report MW-95-155 - Walnut Street Demolition Order Status Report - that the Status Report on the Demolition of 4945 Walnut Street be received for information and that every effort be made to expedite resolution of this matter; Water 'and Sewage Flows to the end of August, 1995 - that the City's Summary Report on Water and Sewage Flows to the end of August, 1995 be received for information; 7. Centennial Square - that the correspondence received from Redland Quarries be received and filed. The motion Carried with Aldermen Orr and Creitor voting contrary to the motion on Report MW-95-147; Alderman Puttick voting contrary to the motion on Report R-95-68; and Alderman Creitor abstaining from the vote on Report R-95-72 on a conflict of interest and with all others voting in favour. See By-law No. 95-207 PD-95-120 - Chief Administrative Officer - Re: Delegation of Regional Approval Authority Condominiuma. Subdivisions and Severanoe. The report recommends the following: That Council request the Regional Municipality of Niagara to delegate condominium, subdivision and severance approval to the City of Niagara Falls; That Council confirm to the Region that the City has the staff and resources to carry out these delegated administrative responsibilities; i - 7- That Council confirm to the Region that the City will carry out this delegation in a manner consistent with the Regional Policy Plan and Provincial Policies; 4. That the City's request for delegation authority be contingent on achieving cost reductions at the Regional level corresponding to their lesser workLoad in administering development application approval. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. PD-95-124 - Chief Administrative Officer - Re: Request for Extension to Draft Plan Approval; Southgate Estates; 26T-92015 (Revised). The report recommends the following: That a Council resolution supporting a one-year extension to the Southgate Estates Draft Plan of Subdivision be adopted and forwarded to the Regional Municipality of Niagara, conditional on the applicant maintaining the appropriate subdivision sign which complies with Municipal and Regional requirements; 2. That a copy of this report and Council's decision be forwarded to the Regional Municipality of Niagara. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the report be received and adopted. The motion Carried with Alderman Susin voting contrary to the motion and with all others voting in favour. PDo95-129 - Chief Administrative Officer - Re: Request for Extension to Draft Plan Approval; Kathadna Plan; 26T-89039 (Revised). The report recommends the following: That a Council resolution supporting a one-year extension to the Katharina Draft Plan of Subdivision be adopted conditional on the applicant updating the required subdivision sign to reflect approved modifications to the Plan; 2. That a copy of this report and Council 's resolution be forwarded to the Regional Municipality of Niagara. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. See By-law No. 95-203 PD-95-131 - Chief Administrative Officer - Re: Site Plan Approval; SPC-13195; Proposed Drive-thru restaurant SW corner of McLeod Road and Dorchester Road. The report recommends that Council approve the site plan for a proposed Tim Horton'sRVendy's drive-' thru restaurant located on the southwest corner of McLeod and Dorchester Roads. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. F-95-27 - Chief Administrative Officer - Re: Request for Donation; Resource Association for Teem (The RAFT), St. Cathadnes, Ontado. The repod recommends that the report is for the consideration of City Council. ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that the repod be received and filed. Carried Unanimously. F-95-28 - Chlef Admlnistrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $502,199.30 for the period ending September 11, 1995 be approved by the passing of the by-law appearing later on the agenda. -8- On the motion of Alderman Puttick, seconded by Alderman Campbell, that a report be brought back regarding Cheque No. 214645. Further information was requested on Cheque No. 214898 and that the cheque be deferred. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. The motion Carried with Aldermen Craitor, Cummings and Susin abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. See By-law No. 95-211 CD-95-38 - Chief Administrative Officer - Re: Reduction and Refund of Taxes, Section 443, Municipal Act: Property #1- 8621 Earl Thomas - 2725 080 001 07100 0000 Business I.D. 0115; Property #2 - 6247 McLeod Rd. - 2725 080 005 12100 0000 Residential Portion; Property #3 - 6247 McLeod Rd. - 2725 080 005 12100 0000 Business I.D. 0010 Rex Motel. The report recommends the following: That an adjustment of t axes amounting to $637.99 for the Tax year of 1993 be made to Collins (Canada) Enterprises Ltd. trading as Swiss Fudge; That an adjustment and refund of taxes amounting to $2,396.35 for the Tax years 1992 and 1993 be made to V. Kekic. 3. That an adjustment and refund of taxes amounting to $4,988.74 for the Tax years 1992 and 1993 be made to V. Kekic trading as the Rex Motel. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously, BY-LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 95-207 95°208 A by-law to authorize the execution of an agreement with the Niagara Falls Junior "B" Canucks, · A by-law to authorize the execution of an agreement with Provincial Construction (Montrose) Ltd. respecting watermain installation on Mewburn Road/Concession 6. 95-209 A by-law to amend By-law No. 79-200, as amended (Katharina Subdivision AM-9/91 ) -' 95-210 A by-law to amend By-law No. 85-238, respect ng c asses of development that may be undertaken in site plan control areas. 95-211 A by-law to authorize monies for General Purposes (September 11, 1995), The motion Carried with Mayor Thomson abstaining from the vote on By-law No, 95-208 on a conflict of interest previously noted; Alderman Craitor abstaining from the vote on a conflict of intereston By-law No. 95-207; Aldermen Craitor, Cummings and Susin abstaining from the vote oR By-law No. 9!~-211 on conflicts of interest previously noted and with all other~,;~,oting in favour,- ..... ... .~'. ' ~ ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the following by-laws be now read a second and third time: F 95-207 -9- 95-208 A by-law to authorize the execution of an agreement with the Niagara Fails Junior "B" Canucks. 95-209 A by-law to authorize the execution of an agreement with Provincial Construction (Montrose) Ltd. respecting watermain installation on Mewburn Road/Concession 6. 95-210 A by-law to amend By-law No. 79-200, as amended. (Katharina Subdivision AM-9/91 ) A by-law to amend By-law No. 85-238, respecting classes of development that may be undertaken in site plan control areas. A by-law to authorize monies for General Purposes (September 11, 1995). The motion Carried with Mayor Thomson abstaining from the vote on By-law No. 95-208 on a conflict of interest previously noted; Alderman Craitor abstaining from the vote on a conflict of interest on By-law No. 95-207; Aldermen Craitor, Cummings and Susin abstaining from the vote on By-law No. 95-211 on conflicts of interest previously noted and with all others voting in favour. NEW BUSINESS Payroll Services Alderman Judy Orr distributed and referred to a newspaper article entitled "Tory cuts Cost City $1 million" and her comments with respect to the City payroll services being contracted out. She indicated that clarification would be provided in the near future. Defibrillation Equipment Alderman Fermino Susin requested further information on obtaining de~brillation equipment in the rural areas of the City. He was informed by Chief Peter Corfield that 6 units were in service at the present time and that Station No. 4 in Chippawa would be receiving a unit in the Fall. Chief Corrield further advised that as a result of the criteria set by the base hospital for the defibrillation program, this criteria has ruled out the possibility of rural areas receiving defibrillation equipment at this time. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the meeting be adjourned, Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON COMMITTEE OF THE WHOL._~.E Committee Room #2 September 18, 1995 Council met on Monday, September 18, 1995 at 7:15 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Kim Craitor, were present. Alderman Bruce Ward presided as Chainnan. Following consideration of the items presented, the Committee of the Whole did not rise and report in open session. READ AND ADOPTED, MAYORWAYNE THOMSON PLANNING MEETING Council Chambers September 18, 1995 Council met on Monday, September 18, 1995 at 7:30 p.m. for the purpose of considering Planning Matters and Regular Business. All members of Council, were present. Alderman Victor Pietrangelo offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTEREST Alderman Craitor indicated a pecuniary interest on Report F-95-29, Cheque No. 215032, because the recipient is his spouse's employer. Alderman Cummings indicated a pecuniary interest on Report F-95-29, Cheque No. 215032, because a member of his family is employed by the Region. Alderman Orr indicated a pecuniary interest on Report PD-95~136, because she is employed by the Hudson's Bay Company. Alderman busin indicated a pecuniary interest on Report F-95-29, Cheque No. M91069, because members of his family are volunteer firefighters. Alderman Ward indicated a pecuniary interest on Report PD-95-134, and Report PD-95- 136, because he has a business relationship. '2- pRESENTATIONS Multifest '95 Ms. Eileen Tinio and Ms. Susan Hendershon were in attendance on behalf of the Social Planning Council and Multifest '95 and provided information on the event being held September 23rd and September 24, 1995; with "Games Around the World" to be held at the Library; an outdoor dance to be held at the Old Market Square on Parks Street; with a parade commencing at Queen/Victoria with all day entertainment on September 24, 1995. Ms. Tinio advised that to commemorate the festival, a Multifest guidebook would be available during the event. Miss Susan Henderson referred to a letter from Prime Minister Jean Chretien conveying his best wishes on the event. Ms. Tinio presented a token of appreciation to Mayor Thomson on behalf of Multifest '95, and invited everyone to attend. Rescue Equipment Mr. Dave Fries, Lubrizol and Dr. Andy Panko, President of ARCTURUS Environmental Limited, on behalf of CAER Group of the Industrial Committee of the Chamber of Commerce, presented a cheque in the amount of $6,850 to Chief Corfield towards the purchase of resuce equipment for Station No. 5. Chief Corfield thanked the local industries that had participated in the donation and indicated that between $5,000 - $7,000 would still needed toward the equipment. His Worship Mayor Thomson thanked everyone that had attended. PD-95-95-134 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-25/95, Antonio Mniolo (Agent: D. MarineIll) 5584 Eraser Street. The report recommends that Council defer its decision until such time that staff can satisfactorily negotiate with the applicant issues regarding permitted uses, provisions for setbacks, landscaping, the location of buiMing openings and site design. - AND - ? Communication No. 282 - Broderick, MarineIll, Amadio, Sullivan & Rose. The communication requests that the matter be deferred in order that staff, the applicant and residents can meet to discuss suitable Prestige Industrial uses for the site. Communication No. 283 - Niagara Peninsula Conservation Authority. Tho communication advises as having no objection to the application. Communication No. 284 -Angela Barelli and family. The communication requests that the necessary precautions are taken to demolish the structure and that a single car length parking spot in front of their residence and designate it as "Resident Parking Only". Communication No. 285 - Regional Niagara, Planning & Development Department. The communication advises as having no objection to the application. Communication No. 286 - Regional Niagara Public Works Department. The communication advises as having no objections to the application, His Worship Mayor Wayne Thomson declared the Public Meeting open and mad the procedure to b~ followed under the Planning Act. -3- His Worship Mayor Thomson received indication that Mr. Dante Marinelli, Solicitor was in attendance on behalf of the applicant. Mr. Marinelli requested that the matter be deferred in order that staff, the applicant and residents can meet to discuss suitable Prestige Industrial uses for the site. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the matter be deferred. The motion Carried with Alderman Ward abstaining from the vote on a conflict of interest previously noted and with all others voting in fayour. PD-95-135 - Chief Administrative Officer - Re: Subdivision & Zoning By-law Amendment Application; 26T-95013 & AM-23/95, Block 43, Registered Plan 59M-201, Monastery Drive; Proposed Mount Carmel Villas Subdivision. The report recommends the following: That Council approve the Mount Carmel Villas Subdivision subject to the conditions in the attached Appendix I; That Council approve the requested zone change from R4 to a modified R1E zone subject to the inclusion of a provision in the amending by-law requiring the garage portion of each dwelling to have an 18 ft. front yard setback; That a copy of this report be forwarded to the Region as the City's comments on the plan of subdivision. - AND - Communication No. 287 - Regional Niagara, Planning & Development Department. The communication requests that the City delay the final approval of a by-law until such time that the plan has received draft approval. Communication No. 288 - Regional Niagara Public Works. The communication advises as having no objection to the plan being approved subject to the concerns and requirements in the communication being adequately addressed. Communication No. 289 - Niagara South Condominium Corporation//39. The communication advises as being in support of the proposed subdivision. His Worship Mayor Wayne Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Deputy City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations to all owners assessed as to land within 120 metres of the proposed application on August 18, 1995. ,' His Worship Mayor Thomson received indication that Mr. Allan Heywood was in attendance on behalf of the applicant and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development referred to the subject property with the assistance of posted sketches and reviewed the information contained in Technical Report PD-95-127; Background; Planning Act Changes; Official Plan; Subdivision Design; Compatibility; Nature of the Zone Change; Servicing and the Public Notification Process. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of, and a negative response to persons opposed to the application. -4- The Director of Municipal Works responded to concerns regarding the Canada Infrastructure projects and indicated that any commitments for projects that were underway would be fulfilled. The Director of Planning and Developmere responded to concerns regarding the new format of the Planning Act and the issue of herruing; he advised that the Planning Act had been changed to assign responsiblity to the Region and the issue of berming would be determined by the Ministry of Environment as the municipality no longer had no control over the matter. Mr. Allan Heywood, Land Surveyor, on behalf of Matthews, Cameron and ~representing Pinewood Homes, stated that the conditions had been reviewed and that the applicant was prepared to incorporate the conditions requested in the report in the final plan of subdivision. He advised that no members of the public had been opposed to the application at the Regional meeting and that the developer would be agreeable in keeping any berming existing on the north end and south side developments. Mr. Heywood responded to concerns regarding the depth of the rear yard and indicated that the existing plan and zoning maintains a 7.5 rear yard. The Director of Planning and Development advised that the depth of the rear yards would be maintained at 25 feet. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-23/95 closed. ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that the report be received and adopted subject to the Ministry of the Environment being requested to consider that berming and fencing be compatible with that presently associated with adjoining properties. Carried Unanimously. ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that the communications be received and filed. Carried Unanimously. PI)-95-136 - Chief Admlnintrative Officer - Re: Official Plan & Zoning By-law Amendment Application; AM-21/95, Vincor International Inc., Southwest corner of Dorchester Road & Morrision Street, The report recommends the following: That Council approve the Official Plan and Zoning By-law Amendment Application to permit the development of a 423,000 sq. ft. commercild complex on the southwest comer of Dorchester Road and Morrison Street; That the development of the commercial complex be undertaken in phases as per the market Demand and Impact analysis report prepared by Larry Smith and Associates Ltd.; That staff be directed tO prepare the Official Plan amendment which will redesignate the subject lands Major Commercial, elevate the Morrison/Dorchaster Retail District to a sub-regional shopping district, identify that the node will be a anchored by a 320,000 sq. ft. new format/"big box" commercial complex and acknowledge that the commercial complex can expand to 423,000 sq. ft. when warranted by the market; That staff be directed to prepare the mending by-law including provisions stipulating that the first phase of the commercial complex will be a maximum of 320,000 sq. ft. which can be comprised of a supermarket, a junior department store, a home improvement centre, non-depertment store DSTM stores and some limited ancillary service space; · That the applicant be required to implement the recommendations of the Traffic Impact Assessment and provide wad widenings, daylighting trinngels, services, sidewalks and tree planrings all to the satisfaction of the City's Municipal Works Department and the Regional Public Works Deparlment and that these matters be addressed in a Development Agreement with the City and the Region prior to the passing of the amending by-law; That the lands be made subject to Site Plan Control to assist in impletnenting the zoning requirements and to ensure that this site is developed in a sensitive and comprehensive manner; That Vincor International Inc. be encouraged to consult with the City's Architectural Conservation Advisory Committee (LACAC) regarding the proposal to construct a new wine store, tour facilities and offices on the site of their current winery. - AND - Communication No. 290 - IBI Group. The communication provides conm~ents on the Bright's Business and Commercial Centre. Communication No. 291 - Niagara Peninsula Conservation Authority. The communication advises as having no objection to the application. Communication No. 292 - CN North America. The conm~unication provides comments and recommendations regarding the proposed application. Communication No. 293a) Grant A. Bacchus Limited. The communication responds to comments made by the IBI Group in their September 13, 1995 letter; and Conununication No. 293b) The communication provides information regarding the Dorchester Road entrance and its relationship to the existing level crossing. Communication No. 294 - River Realty Development (1976) Inc. The communication advises as wishing to address Council on the rezoning application. Communication No. 295 - Sullivan, Mahoney. The communication provides a summary of comments regarding the Brights Business and Commercial Centre. Communication No. 296 - Hynde Paul Associates Incorporated. The communication responds to comments made by the I.B.I. Group on behalf of River Realty Developments. Communication No. 297 - Larry Smith & Associates Ltd. The communication responds to the various concerns relating to the three major studies submitted in support of the proposal. Communication No. 298 - The Optimist Club of Niagara Falls Inc. The communication advises as having no objections to the proposal. Communication No. 299a) - Main & Ferry BIA. The communication advises as being- strongly opposed to the proposal; Communication No. 299b) - Main & Ferry BIA. The communication requests that Council vote against the proposed change. Communication No. 300 - Regional Niagara, Planning and Development Department. The communication advises that the Region will consider the application along with any other relevant submissions. Communication No. 301 - Hudson's Bay Company. The communication expresses concerns regarding the proposed application. Communication No. 302 - Provigo. The communication suggests interest in having a 24,000 sq. foot supermarket in the north end of Niagara Falls. Communication No. 303 - River Realty Development (1976) Inc. The communication provides a copy of the IBI critique of the Marketing, Traffic and Planning Reports. Communication No. 304 - Petition, headed by Fred C!app (A & P). The petition expresses opposition to the proposed commercial expansion. His Worship Mayor-Wayne Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Deputy City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by First Class prepaid mail and through publication in the local newspapers on August 18, 1995. His Worship Mayor Thomson received indication :hat Mr. Dante Marineill, Solicitor was in attendance on behalf of the applicant and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all -persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development referred to the subject property with the assistance of posted sketches and reviewed the information contained in Technical Report PD-95-130; Proposal; Nature of the Amendments; Provincial Policy; Planning Review; Land Use Overview; nature of the Proposal; Recent Commercial Proposals; Land Use Impact; Traffic and Noise Levels; Parking & Loading; Building Height & Orientation; Site Details; Market Demand & Impact; Environmental & Servicing Impacts; Traffic Impacts; Nature of the Official Plan Amendment; Nature of the Zone Change; and the Public Notification Process. There was a positive response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of, and a positive response to persons opposed to the application. Mr. Stephen Zakem, Solicitor, on behalf of the Loblaws Group of Companies advised that his client was pleased to support the proposal and has entered into a committment to locate a Zehrs store on the property subject to the Official Plan Amendment and zoning approvals. Mr. Tom Richardson, Solicitor, Sullivan, Mahoney on behalf of the owners and tenants of the Town and Country Plaza expressed opposition to the proposal; referred to three major areas of concern: the process; the policies of the Official Plan; and the nature of the uses proposed in the application. He stated that the provisions of the Planning Act, as amended by Bill 163 and the regulations had not been complied with; referred to the regulations under the Planning Act which state that Notice of Public Meeting shall indicate where and when a copy of the proposed Official Plan or Official Plan Amendmere and background material can be made available to the public for inspection. The City Solicitor referred to the Notice of Public Meeting that was sent out and indicated that no statement was made regarding where and when the draft official plan amendment could be viewed; reviewed Section 17.9 of the Planning Act, which stated that Council shall ensure, in the course of the preparation of the plan, adequate information including a copy of the proposed plan, is made available to the public and shall ensure that one public meeting is held. The City Solicitor noted Counel could hold another public meeting and advise the public of the Official Plan Amendmere and request written or oral submissions. Mr. Richardson reviewed excerpts from submissions provided on the City Of Niagara Falls Retail Market Demand and Facilities Distribution Study 1982; the City of Niagara Falls Commercial Office Opportunity Study; Rezoning of Lands for Prestige Industrial; Commercial Policies of the City of Niagara Falls Official Plan; and the Planning Analysis for the Brights Business and Commercial Cetitre, Morrison Street at Dotechester Road and the QEW, City of Niagara Falls prepared by Hynde Paul & Associates. Mr. Richardson urged Council to deny the application. Mr. Stewart Branscombe, River Realty Devdopment Inc. expressed opposition to the proposal. Mr. Branscembe requested that Council turn down the proposal due to the criteria used was inconsist~m with other marketing studies; that the author neglected to include the figure of 347,000 squat= feet of commercial lands/buildings already zoned in thc north west - 7- community; that sales figures for food stores weregrossly overstated; that A&P and Price Chopper stores would be affected; that Queen Street and Main Street shopping areas would be devasted and that the vacancy rate would increase dramatically. Mr. Branscmnbe requested that Council turn down the application. Mr. Randy GrImes, Director, IBI Group, Consultants for River Realty Development commented on the assumptions, details and the methodology used in the reports dealing with the land use planning matters, the market impact study and the traffic study. Mrs. Anna Cor~eld, Downtown Niagara Falls BIA, advised that a motion had been passed by the Downtown BIA that City Council not proceed with the Bright's Industrial lands; stated that "big box" operations have a devastating impact on small communities; requested that Council concentrate on improving existing retail areas and deny the application. Mr. Ed Stanyk, V.P. Development, Cambridge Shopping Centres, expressed opposition to the application because of the City's Official Plan; the availability of commercial land in the City and the applicant's comments made in the applicant's market studies. Mr. Mike Glatt, Manager, I.G.A. expressed concerns regarding "changing the rules"; advised that he welcomed competition but that the applicant should stay in the area that is zoned commercial. Mr. Rick Pennycooke, Planning Consultant, Oshawa Group suggested that a comprehensive policy review be undertaken. Mr. Andrew Glass, Hudson's Bay Company indicated opposition to the proposal and expressed the following concerns: the unclear nature of the proposal; the absence of Official Plan and Zoning document in draft form; the non-conformity to the Official Plan; the need for a commercial policy review; and the lack of planning analysis of what other opportunities exist within the City.. Ms. Ann Marie Taylor submitted a petition on behalf of the Town and Country Plaza retailers and employees expressing opposition to the application. Mr. Dante MarineIll advised that the Marketing Impact Study, Planning Analysis and Traffic Study had been provided when the application had been submitted; discussed whether this was a good development for Niagara Falls, whether it was needed and should it be encouraged; could the application and development be supported from a land use and a planning perspective; and would the impact on other existing and approved and planned commercial retail outlets be so harmful that it would jeopardize and destroy other commercial opportunities. Mr. MarineIll indicated that dollars earned in Niagara Falls should be spent in Niagara Falls and. requested that Council approve the application. ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo, that approval be granted to proceed past 11:00 p.m. The motion Carried with Alderman Susin voting contrary to the motion and with all others voting in favour. Mr. Doug Annand, Larry Smith & Associates Ltd. advised that Planning staff had confirmed the report that had been submitted was an appropriate report, that the methodoloy used was appropriate and that the information provided in the report was sufficient to support the application. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-21/95 closed. II I I -8- Amendment to Minutes made at September 25, 1995 meeting by motion on opposition to proposal by the Main and Ferry BIA. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that the report be received and adopted. The motion Carried with Aldermen Orr and Ward abstaining from the vote on conflicts of interest previously noted; Alderman Puttick voting contrary to the motion and with all others voting in favour. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor , that the communications be received and filed. Carried Unanimously. PD-95-133 - Chief Administrative Officer - Re: Comments on Proposed Regional Policy 95 Plan Amendment No. 103 and City of Thorold Official Plan and Zoning Amendment Applications. The report recommends the following: 1. That the Region and City of Thorold consider the concerns and issues raised in rendering a decision on the subject applications; 2. That a copy of this report be circulated to the Regional Municipality of Niagara and City of Thorold Planning and Development Depatiments. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the matter be deferred for one week. Carried Unanimously. REGULAR COUNCIL MATTERS ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the Minutes of the Regular Meeting of September 11, 1995 be adopted as printed. Carried Unanimously. Clarification was provided on the issue of the muzzling and leasiting of dogs. COMMUNICATIONS Communication No. 305 - Shooting Star Productions - Re: Waiver and Release. The communication requests Council waive the period for insurance for the filming of a brief video at Baden Powcll Park in conjunction with MacLean Hunter Cable T.V. on September 23, 1995. During the discussion, the City Solicitor advised that when filming on City property is requested, a standard of $1million liability is requested. He indicated that Council could waive the insurance requirement, but if an injury occured on City property, the City could be held liable and recommended that the City obtain an indemnity from the individual and.a release from any participants, releasing the City from any damages. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the matter be referred to staff. Caffied Unanimously. Communic_a_fion No. 306 - The Learning Partnership - Re: Proclamation. The communication requests that November 8, 1995 be declared as "Take Our Kids to Work" Day. ORDERED on the motion of Alderman Janvary, seconded by Alderman Pietrangelo, that the request be approvod subject to established policy. Carried Unanimously. - 9- Communication No. 307 - Ms. Laura Hills, 3118 Secord Place - Re: Muzzling & Leashing of dogs. The communication requests that Council reject the proposed by-law requiring all dogs to be leashed and muzzled while off the owner's property. ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the communication be received and filed. Carried Unanimously.. Communication No. 308 - Ms. Lynne Godfrey - Re: Muzzling & Leashing of Dogs. The communication expresses concerns regarding the muzzling of dogs. ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the communication be received and filed. Carried Unanimously; REPORTS CS-95-06 ~ Chief Administrative Officer - Re: Conferences and Conventions. The report recommends that Council grant approval for one staff person in the Parking & Traffic Section to attend the Canadian parking Association Conference, October 1st to 4th, 1995 in Quebec City, at an approximate cost of $1,000.00. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. The motion Carried with Aldermen Cummings, Fisher and Orr voting contrary to the motion and with all others voting in favour. C-95-01 - Chief Administrative Officer - Re: Delivery of Council Agendas. The report recommends that this report be received and filed for the information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the report be received and adopted. The motion Carried with Aldermen Craitor and Susin voting contrary to the motion and with all others voting in fayour. F-95-29 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $454,509.27 for the period ending September 18, 1995 be approved by the passing of ~he by-law appearing later on the agenda. Following some discussion, it was ORDERED on the motion of Alderman Ward, seconded by Alderman Susin, that Cheque No. 214905 be deferred for further information. Carried Unanimously. Following further discussion, it was ORDERED on the motion of Alderman Susin, seconded by Alderman Craitor, that a report be provided on Cheque No. 215008 regarding the use of out of town contractors. The motion Carried with Alderman Volpatti voting contrary to. the motion and with all others voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the- report be received and adopted. The motion Carried with Aldermen Cummings, Craitor, and Susin abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. See By-law No. 95-213 RATIFICATION OF FINANCE COMMITTEE ACTIONS_ ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the .actions taken on the following matter by the Finance Committee, earlier this evening be approved: That the Niagara Falls Memorial Arena rental be waived for a benefit concert with the proceeds going to the French/Mahaffy Legal assistance fund. Carried Unanimously. CD-95-40 - Chief Administrative Officer - Re: Social Planning Council of Niagara Falls - Council Request for Information. The report recommends that the information in this report be received and filed. 7O- ORDERED on the motion of Aideman Ward, seconded by Alderman Volpatti, that the report be received and filed. Carried Unanimously. L-95-71 - Chief Administrative Officer - Re: 576192 Ontario Limited, Pasquale Ramunno, In Trust; Parking Agreement with the City. The report recommends that pursuant to the direction of Council, that Council authorize the execution by the Mayor and Clerk of an Agreement dated August 21, 1995 between 576192 Ontario Limited, Pasquale Ramunno, in trust and the City regarding parking requirements. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and, adopted. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that leave be granted to introduce the following by-laws, and the by-laws be rad a first time: 95-212 A by-law to authorize the execution of an agreement dated August 21, 1995 with Pasquale Ramunno, in trust and 576192 Ontario Limited respecting parking and site plan requirements for property known municipality as 5020 Centre Street. 95-213 A by-law to authorize monies for General Purposes (September 18, 1995). The motion Carried with Aldermen Craitor, Cummings and Susin abstaining from the vote on By-taw No. 95-213 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the following by-laws be now read a second and third time: 95-212 A by-law to authorize the execution of an agreement dated August 21, 1995 with Pusquale Ramuano, in trust and 576192 Ontario Limited respecting parking and site plan requirements for property known municipality as 5020 Centre Street. 95-213 A by-law to authorize monies for General Purposes (September 18, 1995). The motion ,Carried with Aldermen Craitor, Cummings and Susin abstaining from the vote on By-law No. 95-213 on conflicts of interest previously noted and with all o~hers voting in favour. NEW BUSINESS Niagara Transit Alderman Orr referred to correspondsnee regarding cutbacks and service adjustments of Niagara Tramit. His Worship Mayor Thomson advised that as a result of direct cuts and decisions at the Provincial level, Niagara Transit has to cut $50,000 out their 1995 budget and several thousand dollars of the Chair-A-Van budget and indicated that representatives from Niagara Tramit would be a},t?,.nding the next Council meeting to discuss the situation. No Parking Signs Alderman Orr referred to the deferral of a Parking and Traffic by-law at the August 28, 1995 Council meeting with respect to "No Parking Signs". She indicated that no parking signs had been posted from St. Clair/Morrison to Ellis. Mayor Thomson provided clarification on the matter. m - 77 - Alderman Cummings referred to parking restrictions that had been implemented because of the Ministry of Tourism building and was advised that the matter would be discussed at a future Parking and Traffic Conunittee meeting in order to alleviate parking concerns. Terry Fox Fundraiser Alderman Hendershot discussed the Terry Fox Fundraiser and indicated that due to inclement weather, there had not been as big a turnout as had been expected. He requested pledges from the members of Council. Letter of Congratulations ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Susin, that best wishes be forwarded from the Mayor's Office to the Young Men's Soccer Club (Juventus) from Club Italia for reaching the Ontario finals. Carried Unanimously. Adopt a Tree Program Alderman Fisher referred to the Blessing of Trees ceremony to be held on September 23, 1995, at Riverview Park, on behalf of the Adopt a Tree Program. Draft Exotic Animal By-law Alderman Craitor advised that a meeting of the Exotic Animal By-law committee would be held on September 20, 1995 at 3 o'clock to review the draft exotic animal by-law. Ministry of Tourism Cancellation His Worship Mayor Thomson indicated that approximately 7,000 signatures had been collected on a petition with respect to the govemment's decision to cancel the Ministry of Tourism relocation. Mayor Thomson stated that information on how the decision was made was expected and that an independant Chartered Accountant be obtained to evaluate and assess the information and that those findings along with the petitions and letters be taken to Queen's Park to show opposition to the decision. ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that the City obtain the services of an independant Chartered Accountant to evaluate and assess the information regarding the financial decisions made on the Ministry of Tourism cancellation. · Following some discussion, it was ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that a strongly worded letter be forwarded to the Premier's office expressing Council's disappointment for the Premier not taking the opportunity to meet with the Mayor regarding the government's decision. The motion was Defeated with the following vote: AYE: Aldermen Cummings, Hendershot and Volpatti. NAYE: Aldermen Campbell, Craitor, Fisher, Janvary, Orr, Pietrangelo, Puttick, Susin and Ward. ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON REGULAR COUNCIL MEETIN_GG Council Chambers September 25, 1995 Council met on Monday, September 25 1995 at 7:30 p.m. for the purpose of considering Regular Business. All members of Council, with the exception of Aldermen Puttick and Ward, who were on vacation, were present. Alderman Paisley Janvary offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the Minutes of September 18, 1995 reflect that the Main and Ferry BIA were in opposition to Report PD-95-136, AM-21/95, Vincor International Inc. Application. Carried Unanimously. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the Minutes of the Planning/Regular Meeting of September 18, 1995 be adopted as amended. Carried Unanimously. DISCLOSURES OF PECUNIARY INTEREST Alderman Craitor indicated a pecuniary interest on Report F-95-30, Cheque No. M91075 and Cheque No. 215200 because the recipient is his spouse's employer; indicated a pecuniary interest on Cheque No. 215194 because he sits on the Board as a volunteer member. Alderman Cummings indicated a pecuniary interest on Report F-95-30, Cheque No. M91075 and Cheque No. 215200 because a member of his family is employed by the Region. Alderman Susin indicated a pecuniary interest on Report F-95-30, Cheque No. 215097 because his mother resides in the area; and indicated a pecuniary interest on Cheque Nos. 215195 and 215176 because members of his family are volunteer firefighters. Alderman Volpatti indicated a pecuniary interest on Report L-95-62 and By-law No. 95- 216 because the applicant is her mother. DEPUTATIONS Niagara Transit Mr. Bait Maves, Chairman, Niagara Transit introduced Mr. Rudy Meuser, Mr. Tony DiGiacomo, Mr. Gordon Counsel, Mr. Frank Grant and Mr. Sandy Casey of the Niagara Transit Commission and advised that as a result of recent Provincial cutbacks and reductions to Provincial Transit subsidy in 1996, the Commission had chosen to accomodate the total fund!ng reduction by modifying their Saturday service resulting in the elimination of 5 bus routes along with a 10 cents fare increase on January 1, 1996 to accomodate the anticipated shortfall in 1996. Mr. Sandy Casey, General Manager, Niagara Transit referred to options which had been considered including fare increases; the elimination of certain bus routes~ the termination of evening service; and the modification of Saturday routes. -2- Mr. Ray Desormeaux, President, Amalgamated Transit Union Local 1582, expressed opposition to the proposed cuts to the local transit operations; advised that proposed service cuts to the transit system would effect the elderly, high school students, the disabled and the working individuals and would eliminate 5 positions. Mr. Desormeaux requested that Council consider other alternatives. During the discussion, it was suggested that a meeting be held with the employees and the Niagara Transit Commission to bring forward other suggestions or alternatives; it was also noted that services could be adjusted to accomodate the senior citizens residing on Huron Street. Monica Chambers, Niagara Transit driver expressed concerns regarding the Commission's decision which would effect 3 positions. Sandy Latimer, 5779 Glenholme Ave., expressed concerns regarding the discontinuation of Saturday service when residents use bus service to go to and from work; questioned whether the cost of a monthly bus pass would be decreased due to the decreased number of use days; and requested that bus service be provided during the working hours and withheld during leisure hours. His Worship Mayor Thomson thanked the Commission and Union representatives for their attendance. - AND - Communication No. 309 - Petition headed by Georgene War~ner, Allanthus Avenue. The petition expresses opposition to the modified bus service and requests that the bus service remain as is. ORDERED on the motion of Alderman Campbell, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. Regional Niagara, 25th Anniversary Mr. Bob Bell, Regional Niagara, referred to the 25th anniversary celebrations to be held on October 21, 1995; referred to plans to re-dedicate the John E. Campbell Building (Regional Headquarters); the re-dedication of the Conrad H. Eidt Building (Environmental Centre); and a re-enactment of the First Inaugural Meeting with s6me of the original members of the 1969 CounCil in attendance. Mr. Bell requested that Council proclaim the week of October 16, 1995 as Regional Municipality of Niagara Week in Niagara Falls and thanked members for the opportunity to address Council. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, that the week of October 16, 1995 be proclaimed as "Regional Municipality of Niagara Week" in Niagara Fails. Carried Unanimously. Victoria Place Parking Mrs. Collean Jasnich, Vi~toda Plaoe, referred to the introduction of a new complex to be located at 5791, 5803 and 5805 Victoria Avenue that would provide unique speciality shops and boutiques; discussed the orientation or nature of the business in the area; referred to the Tourist Master Plan that defined Victoria Avenue as having heavy pedestrian traffic and the current by-laws for parking requirements that do not apply to tourist commercial areas; ~3- discussed the vehicle traffic congestion; offsite parking; the existing cash in lieu policy and the issue of a level playing field between competitors. Mrs. Jasnich requested Council's favourable consideration of the application. The Director of Planning and Development advised that the proposal was a good one which was being restricted by the City's parking requirements as they might apply to the retail core area; referred to the issue of common parking areas versus individual parking areas in a retail core area; indicated that "cash in lieu" should be a contributing factor to the acquisition of properties common to the retail core; advised that the City should be looking at the entire retail core and that this project could be the catalyst in the redevelopment of this area. Following further discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary, that the matter be referred to staff. Carried Unanimously. COMMUNICATIONS Communication No. 310 - Niagara Press Box Sports Bar - Re: Roof Sign. The communication requests Council consider a roof sign at 5993 Main Street. ORDERED on the motion of Alderman Campbell, seconded by Alderman Fisher, that the request be approved subject to staff comments. Carried Unanimously. Communication No. 311 - AI Judge, Rob Judge Memorial Chadty Golf Tournament - Re: Rob Judge Memorial Charity Golf Tournament to be held on September 24, 1995 at the Niagara Falls Golf Club. The communication requests the donation of a gift for their prize table with proceeds going to the "Canadian National Institute for the Blind" and the "lan Strathern Trust Fund". ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that the communication be received and filed for the information of Council. Carried Unanimously. Communication No. 312 - Jean German - Re: Muzzling and Leashing of dogs. The communication requests Council consideration of the proposals that she has submitted. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings, that the matter be referred to staff. Carried Unanimously. Communication No. 313 - Katharine Goldberg, Association for Budesque Entertainers - Re: Lap Dancing. The communication provides information on the issue and suggests Council ban lap dancing. ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the ' communication be received and filed for the information of Council. Carried Unanimously. · Communication No. 314 - Ministry of the Attomey General, Regional Director of Crown Attorneys - Re: Illegal stunts of individuals going over the Falls. The communication responds to the City Solicitor's enquiries and concerns regarding the cost to the City and the risk and safety of the rescuers. ORDERED on the motion of Alderman Craitor, seconded by Alderman Orr, that the communication be received and filed for the information of Council. Carried Unanimously. Communication No. 315 - Regional Niagara, Public Works Department - Re: Niagara Falls Water Treatment Plant. The communication provides information on the Niagara Falls Water Treatment Plant Process Waste Treatment and Disposal Facility ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Susin, that the communication be received and filed for the information of Council. Carried Unanimously. -4- Communication No. 316 - Regional Niagara, Finance Department - Re: Market Value Assessment. The communication provides information on a series of meeting dates prior to the implementation of the Region Wide Reassessment to Market Value. ORDERED on the motion of Alderman Campbell, seconded by Alderman Cummings, that the communication be received and filed for the information of Council. Carried Unanimously. REPORTS MW-95-163 - Chief Administrative Officer - Re: Award of Contract 93-113, Storm Sewer Installation on Dunn Street, Margaret Street, Betty Avenue and Waters Avenue; Watermain Installation on Margaret Street. The report recommends that the unit prices submitted by the lowest tendeter, Volsci Construction Co. Inc. be accepted and the by-law be passed. ORDERED on the motion of Alderman Susin, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. See By-law No. 95-214 R-95-73 - Chairperson, Spods Wall of Fame Committee - Re: 1995 Sports Wall of Fame Inductees. The report recommends that Council approve the following19951nductees to the Niagara Falls Sports Wall of Fame, as recommended by the Sports Wall of Fame Committee. ORDERED on the motion of Alderman Janvary, seconded by Alderman Pietrangelo. that the report be received and adopted. Carried Unanimously. RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, that the actions taken on the following matters by Community Services Committee, earlier this evening be approved: Adoption of the Minutes of September 11, 1995 Community Services Committee Meeting; MW-95-160 - Relief of Payment of Development Charges - that Mr, Pat Ramuno and Mr, Tony D'Amico be granted relief from payment of development charges - Alderman Susin opposed; ~ Request for Reimbursement of Tipping Fees to Sainte Antoine Church (Mr. Hector Lapierre) - that Mr. Hector Lapierre be granted reimbursement of tipping fees in the amount of $117,00 - Alderman Volpatti opposed; MW-95-153 - Comparison of Natural Gas versus Propane for Heating the Landfill Buildings - that staff be authorized to proceed with changing heating appurtenances at the Landfill to natural gas, as funds permit - Alderman Cummings declared a conflict of interest; MW-95-156 - Building Division Report for July and August, 1995 - that the Building Division Report for July and August 1995 be received and filed; .6, MW-95-158 - Niagara Purchasing/Committee Tender 95-T-20, Stockpiling of Winter Sand Materials for 1995-1996 Winter Season - that the tender for the supply and delivery of winter sand, including the mixing of salt with this sand, be awarded to Walker Brother's Quarries for the unit prices tendered by this Company; -5- MW-95-162 - Status Report of the 1995 Household Hazardous Waste Collection Program - that a fourth Household Hazardous Waste event not be held due to insufficient funds; and that the residents of Niagara Falls be commended for their record turn-out, enthusiastic support and tremendous efforts in keeping hazardous materials out the Landfill Site -Alderman Craitor opposed; MW-95-166 - Joint Home Composting Truck Load Sale Event with Niagara Falls, St. Catharines, Thorold and Niagara-on-the-Lake - that the proposal from Norseman Plastics Ltd. be accepted for the overall management of a Joint Home Composter Truckload Sale Event, whereby 4,000 home composters will be distributed in Niagara Falls on a first come, first served basis while supplies last on Saturday, October 21 and Sunday, October 22, 1995 at a location to be determined, with the cost to the residents set at $10.00 per composter including all taxes; MW-167 - Residential Waste Facility - that the Committee receive the Public Liaison Committee's position in support of extending the operation of the proposed Residential Waste Facility beyond the operating life of the landfill, and that the City Solicitor's action to appeal the Niagara Escarpment Commission's July 27, 1995 decision on the proposed Residential Waste Facility be endorsed - Aldermen Craitor and Susin opposed; 10. Information Items: R-95-74 - Stoop & Scoop Program- that the information be received and filed; MW-95-165 - Public Information Session - Dunn Street, Waters Avenue, Betty Avenue & Margaret Street - that the information be received and filed; Regional .Public Meeting Notice on Mountain Road Culvert Improvements - that the information be received and filed; Waste Management Jurisdiction Update- that the information be received and filed; Ferry Street Streetscape Schedule - that the information be received and filed; Unfinished Hotel at 5807 Ferry Street - that staff be directed to review the condition of the security fencing. The motion Carried with Alderman Susin voting contrary to the motion on Report MW-95-160; Alderman Volpatti voting contrary to the motion on the matter of Reimbursement of Tipping Fees; Alderman Cummings abstaining from the vote on Report MW-95-153 on a conflict of interest; Alderman Craitor voting contrary to the motion on Report MW~95-162; Aldermen Craitor and Susin voting contrary to Report MW-95-167 and with all others voting in favour. PD-95-137 - Chief Administrative Officer - Re: Request for Repeal of Adopting by-law Official Plan Amendment No. 13; 3799 Montrose Road (formerly Reese's Country Inn); River Realty Development (1976) Inc. The report recommends that Council repeal by-law 95-84, which adopted Official Plan Amendment No. 13, and advise the Ministry of Municipal Affairs and Housing. ORDERED on the motion'of Alderman Volpatti, seconded by Alderman Orr, that the report be received and adopted, Carried Unanimously. PD-95-138 - Chief Administrative Officer - Re: Comments on Regional Policy Plan and City of Thorold Official Plan and Zoning Amendments. The report recommends that Council endorse the attached staff Report PD-95-133. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously, -6- F-95-30 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,225,718.93 for the period ending September 25, 1995 be approved by the passing of the by-law appearing later on the agenda. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the report be received and adopted. The motion Carried with Aldermen Craitor, Cummings and Susin abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. See By-law No. 95-217 CD-95-41 - Chief Administrative Officer - Re: Special Occasion Permit: 1 ) International Law Enforcement Tournament for Project Return; 2) Town and Country Merchants Association; 3) Bart Maves Volunteer Appreciation Night; 4) Robert Lapere Benefit Tournament. The report recommends that Council indicate it has no objection to the issuance of a Special Occasion Permit to the organizations listed in this report. ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. L-95-62 - Chief Administrative Officer - Re: Closing and Sale of Part of Rose Street. The report recommends that Council declare Rose Street, east of St. Peter Avenue, to be surplus to the City's needs and to authorize staff to proceed with the closing and sale of that part of Rose Street. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the report be received and adopted. The motion Carried with Alderman voting contrary to the motion; Alderman Volpatti abstaining from the vote on a conflict of interest previously noted and with all others voting in fayour. See By-law No. 95-216 L-95-73 - Chief Administrative Officer - Re: Executive Helicopters. The report recommends that the report is for the information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and filed. Carried Unanimously. L-95-76 - Chief Administrative Officer - Re: RRAP Agency Agreement (Residential Rehabilitation Assistance Program). The report recommends that the City enter into an agreement with Canada Mortgage and Housing Cbrporation (CMHC) respecting the Residential Rehabilitation Assistance Programme (RRAP) in the form attached hereto. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. See By-law No. 95-215 BY-LAWS " ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 95-214 A by-law to authorize the execution of an agreement with Volsci Construction Co. Inc. respecting storm sewer installation on Dunn Street, Margaret Street, Betty Avenue and Waters Avenue and Watermain Installation on Margaret Street. 95-215 A by-law to authorize the execution of an agreement with Canada Mortgage and Housing Corporation respecting the Residential Rehabilitation Assistance Program (RRAP). 95-216 A by-law to authorize staff to proceed with the closing of part of Rose Street designated as parts 1, 2 and 3 on Reference Plan 59R-5153 and to declare the said parts to be surplus to the City's needs. 95-217 A by-law to authorize monies for General Purposes (September 25, 1995). The motion Carded with Alderman Volpatti abstaining from the vote on By-law No. 95-216 on a conflict of interest previously noted; Aldermen Craitor, Cummings and Susin abstaining from the vote on By-law No. 95-217 on a conflict of interest previously noted and with all others voting in favour. 95-218 A by-law to amend By-law 79-200 as issued by Order of the Ontario Municipal Board on September 21, 1995. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the following by-laws be now read a second and third time: 95-214 A by-law to authorize the execution of an agreement with Volsci Construction Co. Inc. respecting storm sewer installation on Dunn Street, Margaret Street, Betty Avenue and Waters Avenue and Watermain Installation on Margaret Street. 95-215 A by-law to authorize the execution of an agreement with Canada Mortgage and Housing Corporation respecting the Residential Rehabilitation Assistance Program (RRAP). 95-216 A by-law to authorize staff to proceed with the closing of part of Rose Street designated as parts 1,2 and 3 on Reference Plan 59R-5153 and to declare the said parts to be surplus to the City's needs. 95-217 A by-law to authorize monies for General Purposes (September 25, 1995). The motion Carried with Alderman Volpatti abstaining from the vote on By-law No. 95-216 on a conflict of interest previously noted; Aldermen Craitor, Cummings and Susin abstaining from the vote on By-law No. 95-217 on a conflict of interest previously noted and with all others voting in favour. 95-218 A by-law to amend By-law 79-200, as issued by Order of the Ontario Municipal Board on September 21, 1995. NEW BUSINESS City's Float Alderman Pat Cummings referred to the receipt of a $200.00 cheque from the City of Thorold for the City's Float winning First Prize in their Labour Day Parade. Niagara Falls Thunder Opening Game Alderman Pat Cummings discussed the opening Niagara Falls Thunder Game and encouraged members of Council to attend and support the Thunder tteam. -8- Cancellation of Ward System Meetings Alderman Pat Cummings referred to the Ward System Public Meetings that had been held and suggested that the balance of the meetings be cancelled and the status quo remain. Following some discussion, it was ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, to advertise the cancellation of the balance of the Ward meetings and that the status quo will remain. The motion Carried with Alderman Craitor voiihg Contrary to the motion and with all others voting in favour. .~. -.'. - - -~-.' Arts & Culture Commission Focus Groups Alderman Gary Hendershot referred to the Arts & Culture Commission's involvement in a process to determine its future in the City and the gathering of information to determine the future direction of the Arts & Culture Commission through "Focus Groups" with meetings to be held on October 3rd, 1995 at the Stamford Branch Library: October 4th, 1995 at the Chippawa Branch Library and on October 1 Ith, 1995 at the Parks, Recreation and Culture Building. Winter Festival of Lights Alderman Gary Hendershot advised that a Press Conference would be held on Thursday, September 29, 1995 to announce the line up for the New Year's Eve celebrations and the Festival of Lights. Letter of Condolence ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, that a letter of condolence be forwarded to the family of the late Giovanni (John) Di Giacomo. Carried Unanimously. Multifest '95 Alderman Selina Volpatti congratulated Eileen Tinio and The Social Planning Council on the recent Multilest 95 event and the creation of the Multilest 95 Guide. Exotic Animal By-law Alderman Kim Craitor referred to the Exotic Animal draft by-law which would be brought forward following submissions by the Humane Society. ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti that the meeting adjourn. Carried Unanimously, READ ANDADOPTED, -9~ COMMITTEE OF THE WHOL__E Committee Room #1 October 2, 1995 Council met on Monday, October 2, at 6:30 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Puttick, who was away on vacation, were present. Alderman Gary Hendershot presided as Chairman. Following consideration of the items presented, the Committee of the Whole reported in open session. READ ANDADOPTED, MAYOR WAYNE THOMSON REGULAR COUNCIL MEETIN__G Council Chambers October 2, 1995 Council met on Monday, October 2, 1995 at 7:30 p,m. for the purpose of considering Regular Business. All members of Council, with the exception of Alderman Puttick, who was away on vacation, were present. Alderman Fermino Susin offered the Opening Prayer. ADOPTION OF MINUTES Alderman Fermino Susin requested that the Minutes of the Regular Meeting of September 25, 1995 be amended to reflect that he had indicated a pecuniary interest on Cheque No. 215176. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, that the Minutes of the Regular Meeting of September 25, 1995 be adopted as amended. Carried Unanimously. DISCLOSURES OF PECUNIARY INTEREST Aldermen Campbell, Hendershot, Janvary and Pietrangelo indicated a pecuniary interest on Report F-95-31, Cheque No, 215323 because they are employed by the School Board; and indicated pecuniary interests on Communication No. 324 because they are members of the Ontario Secondary Teachers Federation. Alderman Craitor indicated a pecuniary interest on Report F-95-31, Cheque Nos, 215278 and 215370 because the recipient is his spouse's employer, -2- Alderman Cummings indicated a pecuniary interest on Report F-95-31, Cheque Nos. 215278 and 215370 because a member of his family is employed by the Region. Alderman Janvary indicated a pecuniary interest on Report Nos. MW-95-168; MW-95-170; MW-95-174 and By-law Nos. 95-219; 95-220 and 95-221 because a family member resides in the area. Alderman Pietrangelo indicated a pecuniary interest on Report F-95-31, Cheque Nos. 215320 and 215336 because he is employed by the School Board. Alderman Ward indicated a pecuniary interest on Report F-95-31, Cheque No, 215251 because he has a business interest; and indicated a pecuniary interest on Report F-95-30, Cheque No. 215085 from the Council Meeting of September 25, 1995 because he has a business interest. DEPUTATIONS ! Ms. Roxanne Felice discussed the Project S.H.A.R.E. Food Drive being held from October 5th to October 7th, 1995, with drop off points at Local Fire Stations; Niagara Falls IGA (Dorchester & Morrison); Chippawa IGA Store, the A & P Store (Town & Country Plaza) and the Project S.H.A.R.E. Offices. Ms. Felice indicated that Project S.H.A.R.E. needed the community's support through volunteers and in the provision of canned goods. Niagara Transit Commission Mr. Bart Maves, Chairman, Niagara Transit provided clarification on the issue of union involvement in discussions of impending funding cuts; advised that staff had met with the union executive to discuss any additional input into possible alternatives to Saturday service modifications and that the union had suggested a number of overall fare increases which would help achieve the 1996 projected funding shortfall. Mr. Maves indicated alternatives such as raising fares 30 cents across the board had been considered, but that this would have imposed severe financial burdens on riders, and stated the Saturday service modifications only required an adjustment in travel schedules one day a week. Mr. Maves referred to increased maintenance costs and the state of the bus fleet and requested funding considerat ons for the purchase of new buses during budget deliberations. His Worship Mayor Thomson thanked the Commission for their attendance. COMMUNICATIONS Communication No. 317 - Town of Fort Erie, Office of the Clerk - Re: Adult Entertainment and Lap Dancing. The communication advises Council of the passing of a By-law amending Adult Entertainment Padour By-law prohibiting lap dancing in the Town of Fort Erie. The City Solicitor advised that the Court of Appeal would be making a decision on the issue of lap dancing and suggested that the municipality not take any action until such time as the COurt of Appeal makes a dec s on and determines whether lap dancing is an indecent act. -3- Communication No. 318 - Corporation of the City of Thorold, Office of the Mayor - Re: Decision not to Relocate the Ministry of Tourism. The communication expresses disappointment in the recent Provincial government decision not to relocate the Ministry of Tourism to the City of Niagara Falls. His Worship Mayor Thomson advised that the Council of the Regional Municipality of Niagara had supported a resolution requesting the Premier of Ontario and the appropriate individuals at the Provinical level to reconsider their decision to cancel the Ministry move to Niagara Falls. ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo, that the communication be received and filed for information of Council and further that the Mayor's actions be endorsed. Carried Unanimously. Following further discussion it was ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the communication be received and filed and that the resolution on tonight's ageride be supported. The motion Carried with Alderman Craitor voting contrary to the motion and with all others voting in fayour. Communication No. 319 - Powergrow Systems Inc. - Re: Notice of Application for Amendment to Certificate of Approval. The communication advises that an application to amend the Certificate of Approval from the Ministry of Environment and Energy concerning the operation of its Garner Road composting facility has been submitted. ORDERED on the motion of Alderman Susin, seconded by Alderman Fisher, that the matter be referred to staff for a report on the progress of the present cleanup and further, that the residents in the area be contacted when the report has been prepared. Carried Unanimously. Communication No. 320 - Regional Niagara, Office of the Clerk - Re: Bicycle Helmet Legislation. The communication advises that the Council of the Regional Municipality of Niagara had approved a report respecting the Bicycle Helmet legislation, October 1, 1995 and that concerns expressed by the Committee regarding the level of fines and their re- examination, particularly for young children be conveyed to the Premier of Ontario and that the Premier be requested to encourage local police forces to more rigidly enforce bicycle safety. During the discussion, it was noted that concerns regarding the existing legislation and the age sensitive issue be expressed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the matter be referred to staff for the preparation of a resolution on the matter. Carried Unanimously. Communication No. 321 - Mr. Tony Bove, Advertising Director, Niagara Falls Review - Re: Regional Municipality of Niagara 25th Anniversary. The communication requests support in the Niagara Falls Review special supplement to commemorate the 25th anniversary of Regional government in Niagara before September 29, 1995. : Due to the time factor, the Mayor's Office had taken an ad in the Niagara Falls Review iNn°tt::e amount of $500.00. ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the Mayor's actions be endorsed. Carried Unanimously. Communication No. 322- WInter Festival of Lights - Re: Proposed fireworks dates and times. The communication requests permission to hold fireworks at Queen Victoda Park and to be fired from the hydro road in the lower gorge. ORDERED on the motion of Alderman Ward, seconded by Alderman Campbell, that the request be granted subject to established policy. Carried UnanimOUsly. Communication No. 323 -The Regional Municipality of Niagara, Office of the Chairman - Re: 25th Anniversary of Regional Niagara. The communication provides information on the schedule of events for October 21, 1995 and inviting Council to attend and celebrate the first 25 Years of Regional Niagara. j: -2- Alderman Cummings indicated a pecuniary interest on Report F-95-31, Cheque Nos. 215278 and 215370 because a member of his family is employed by the Region. Alderman Janvary indicated a pecuniary interest on Report Nos. MW-95-168; MW-95-170; MW-95-174 and By-law Nos. 95-219; 95-220 and 95-221 because a family member resides in the area. Alderman Pietrangelo indicated a pecuniary interest on Report F-95-31, Cheque Nos. 215320 and 215336 because he is employed by the School Board. Alderman Ward indicated a pecuniary interest on Report F-95-31, Cheque No. 215251 because he has a business interest; and indicated a pecuniary interest on Report F-95-30, Cheque No. 215085 from the Council Meeting of September 25, 1995 because he has a business interest. DEPUTATIONS Ms. Rexanne Felice discussed the Project S.H.A.R.E. Food Drive being held from October 5th to October 7th, 1995, with drop off points at Local Fire Stations; Niagara Falls IGA (Dorchester & Morrison); Chippawa IGA Store, the A & P Store (Town & Country Plaza) and the Project S.H,A.R.E. Offices. Ms. Felice indicated that Project S.H.A.R.E. needed the community's support through volunteers and in the provision of canned goods. Niagara Transit Commission Mr. Bart Maves, Chairman, Niagara Transit provided clarification on the issue of union involvement in discussions of impending funding cuts; advised that staff had met with the union executive to discuss any additional input into possible alternatives to Saturday service modifications and that the union had suggested a number of overall fare increases which would help achieve the 1996 projected funding shortfall. Mr. Maves indicated altematives such as raising fares 30 cents across fie board had been considered, but that this would have imposed severe financial burdens on riders, and stated the Saturday service modifications only required an adjustment in travel schedules one day a week. Mr. Maves referred to increased maintenance costs and the state of the bus fleet and requestedfunding considerations for the purchase of new buses during budget deliberations. His Worship Mayor Thomson thanked the Commission for their'attendance. COMMUNICATIONS Communication No. 317 - Town of Fort Erie, Office of the Clerk - Re: Adult Entertainment and Lap Dancing. The communication advises Council of the passing of a By-law amending Adult Entertainment Padour By-law prohibiting lap dancing in the Town of Fort Erie. The City Solicitor advised that the Court of Appeal would be'making a decision on the issue of lap dancing and suggested that the municipality not take any action until such time as the COurt of Appeal makes a decision and determines whether lap dancing is an indecent act. Following further discussion it was ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the communication be received and filed and that the resolution on tonight's agenda be supported. The motion .~ with Alderman Craitor voting contrary to the motion and with all others voting in favour. -3- Communication No. 318 - Corporation of the City of Thorold, Office of the Mayor - Re: Decision not to Relocate the Ministry of Tourism. The communication expresses disappointment in the recent Provincial government decision not to relocate the Ministry of Tourism to the City of Niagara Falls. His Worship Mayor Thomson advised that the Council of the Regional Municipality of Niagara had supported a resolution requesting the Premier of Ontario and the appropriate individuals at the Provinical level to reconsider their decision to cancel the Ministry move to Niagara Falls. ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo, that the communication be received and filed for information of Council and further that the Mayor's actions be endorsed. Carried Unanimously. Communication No. 319 - Powergrow Systems Inc. - Re: Notice of Application for Amendment to Certificate of Approval. The communication advises that an application to amend the Certificate of Approval from the Ministry of Environment and Energy concerning the operation of its Garner Road composting facility has been submitted. ORDERED on the motion of Alderman Susin, seconded by Alderman Fisher, that the matter be referred to staff for a report on the progress of the present cleanup and further, that the residents in the area be contacted when the report has been prepared. Carried Unanimously. Communication No. 320 - Regional Niagara, Office of the Clerk o Re: Bicycle Helmet Legislation. The communication advises that the Council of the Regional Municipality of Niagara had approved a report respecting the Bicycle Helmet legislation, October 1, 1995 and that concerns expressed by the Committee regarding the level of fines and their re- examination, particularly for young children be conveyed to the Premier of Ontario and that the Premier be requested to encourage local police forces to more rigidly enforce bicycle safety. During the discussion, it was noted that concerns regarding the existing legislation and the age sensitive issue be expressed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the matter be referred to staff for the preparation of a resolution on the matter. Carried Unanimously. Communication No. 321 - Mr. Tony Bove, Advertising Director, Niagara Falls Review - Re: Regional Municipality of Niagara 25th Anniversary. The communication requests support in the Niagara Falls Review special supplement to commemorate the 25th anniversary of Regional government in Niagara before September 29, 1995. Note: Due to the time factor, the Mayor's Office had taken an ad in the Niagara Falls Review in the amount of $500.00. ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the Mayor's actions be endorsed. Carried Unanimously. Communication No. 322- Winter Festival of Lights - Re: Proposed fireworks dates and times, The communication requests permission to hold fireworks at Queen Victoria Park and to be fired from the hydro road in the lower gorge. ORDERED on the motion of Alderman Ward, seconded by Alderman Campbell, that the request be granted subject to established policy, Carried Unanimously. Communication No. 323 - The Regional Municipality of NIagara, Office of the Chairman - Re: 25th Anniversary of Regional Niagara. The communication provides information on the schedule of events for October 21, 1995 and inviting Council to attend and celebrate the first 25 Years of Regional Niagara. -4- ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the correspondence be received and filed for the information of Council. Carried Unanimously. Communication No. 324 - Mr. Frank Martone, 5177 Rosedale Drive - Re: Burial Fees. The communication requests Council consider a relief of $200.00 for burial fees. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the correspondence be received and filed for the information of Council. The motion Carried with Alderman Creitor voting contrary to the motion and with all others voting in fayour. Communication No. 325 - Ontario Secondary School Teachers' Federation - Re: Proclamation. The communication requests that Council proclaim October 5, 1995 as "Teacher Recognition Day" in Niagara Falls. ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the request be approved subject to established policy. The motion Carried with Aldermen Campbell, Hendershot, Janvary and Pietrangelo abstaining from the vote on conflicts of interest previously noted and with all others voting in fayour. REPORTS MW-95-170- Chief Administrative Officer - Re: By-law to Authorize Reconstruction on Portage, Harvey, Swayze & Church's Lane. The report recommends the following: That Council hear any person who claims that his/her land will be prejudicially affected by the by-law appearing on tonight's agenda, to authorize the above works; That subject to there being no valid objections that the by-law appearing on tonighrs agenda be given three readings and be passed by Council. His Worship Mayor Thomson received a negative response to his request of whether there were any persons in attendance claiming that his/her land would be prejudicially affected by the by-law appearing on the agenda. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, that the report be received and adopted. The motion Carried width Alderman Janvary abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. See By-law No. 95-219 MW-95-168 - Chief Administrative Officer - Re: Award of Tender, Contract.92-103, Road Reconstruction on Portage, Harvey, Swayze & Church's Lane. The report.recommends the following: That the by-law appearing on tonight's agenda authorizingthe temporary rOad closure of Portage Road from Mountain Road to approximately 75 metres south of Church's Lane; Church's Lane from St. Paul Avenue to approximately 40 metres east of Portage Road; Swayze Ddve from Portage Road to approximately 90 metres east of Portage Road from October 10 to approximately December 8, 1995 as required, be passed; That the unit prices submitted by the low tenderer, V, Gibbons Contracting Limited be accepted and the contract be awarded to this firm subject to: a) the above temporary road closure being approved.. -5- ORDERED on the motion of Alderman Susin, seconded by Alderman Pietrangelo, that the report be received and adopted. The motion Carried with Alderman Janvary abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. See By-law No. 95-220 See By-law No. 95-221 MW-95-173 - Chairperson, Municipal Parking and Traffic Committee - Re: Municipal Parking and Traffic Committee Recommendations- September 19, 1995. The report recommends the following: Request for Representation - Victoria Ave. Property & Business Owners Association - that the Victoria Avenue Property & Business Owners Association's request to have a representative on the Municipal Parking & Traffic Committee be approved; Corps of Commissionaires Agreement - 3 Month Extension - that the Corps of Commissionaires contract be extended fro a period of three months; Queen Street at Ontario Avenue - Parking Meters - that the two parking meters, in front of Gold's Variety store, that were removed for the installation of a No Stopping zone, be re-installed; 4. Stevens Street at Shirley Avenue - Intersection Control - that a Stop Sign be installed on the southwest corner of Stevens Street at Shirley Avenue for eastbound traffic, ORDERED on the motion of Alderman Ward, seconded by Alderman Fisher, that the report be received and filed. Carried Unanimously. See By-law No. 95-223 During the discussion, it was ORDERED on the motion of Alderman Orr, seconded by '~ Alderman Fisher, that the Manager of Parking & Traffic be requested to attend a future ! Council meeting to address concerns regarding the downtown area parking policy. Carried '.~'. Unanimously. .~. MW-95-174 - Chief Administrative Officer - Re: Award of Quote 96-95, Demolition of 3024 Portage Road for Reconstruction of Portage Road. The report recommends that Council award Quotation 96-95 for the demolition of 3024 Portage Road to Vanderweyden Construction, Niagara Falls, Ontario for the sum of $4,012.50. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and adopted. The motion Carried with Alderman Janvary abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. 'MW-95-175 - Chief Administrative Officer - Re: Tender 32-95, Exterior Renovations - NIagara Falls Memorial Arena. The report recommends the following: That Tender No. 32-95 for the work to complete the exterior renovations to Niagara Falls Memorial Arena at a cost of $86,830.00 including all applicable taxes, be awarded to Shoalts Bros, Construction; 2. That Council pass the by-law appearing later on this evening. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously, See By-law No. 95-222 -6- RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the actions taken on the following matters by Community Services Committee, earlier this evening be approved: Adoption of the Minutes of September 25, 1995 Community Services Committee Meeting; - 'MW-95-172 - Relocation of Streetlight Pole at 7036 Jill Drive (Mr. Peter Senese and Mr. Craig Young) - that the relocation of streelight poles policy 315.19(a), whereby the City and the homeowner share equally in the cost of relocation, apply in this situation - In Favour - 7; Opposed - 3; MW-95-164 - Development in Chippawn - Chippawn West Stage 1 Subdivision - that the City pay the oversizing costs in both storm & sanitary sewers through the Chippawn West Stage 1 Subdivision; and that the Developer of Chippawn West 1 pay to the City an unconditional contribution of $132,500.00 to be used for the construction of the oversized sanitary wewer on Weinbrenner Road from Willoughby Drive to the outlet on Lyon's Creek Road; and that staff provide a report as soon as possible regarding alleviating flooding in Chippawn - Conflict: Alderman Fisher; Alderman Pietrangelo; MW-95-169 - Public Information Session - Road Reconstruction - Portage, Harvey, Swayze & Church's Lane - that the information regarding the Public Information Session on road Reconstruction on Portage, Harvey, Swayze & Church's Lane be received and filed - Conflict: Alderman Janvary; MTO Guide Signing Policy - Resolution on Niagara Falls as Pilot Area - that the Minister of Transportation be requested to approve the City of Niagara Falls as an initial location to implement the MTO's new Highway Signing Program relating to toudsm; and that the Ministry of Transportation be requested to provide funding for the development of the detailed signing strategy; 6. Blue Box Bulletin - that the information on the Blue Box Blalletin be received and filed; The motion Carded with Aldermen Fisher and Pietrangelo abstaining from the vote on conflicts of interest on Report MW-95-164; Alderman Janvary abstaining from the vote on a conflict of interest on Report MW-95-169 and with all others voting in favour. PD-95-139 - Chief Administrative Officer - Re: Site Plan Approval, SPC-16/95 Proposed Hair Salon & Photography Studio, 4114 Portage Road. The report recommends the following: That Council approve the site for a proposed hair salon and photography studio located on the northeast corner of Portage Road and Virginia Street; 2. That Council approve a reduction in the secudty obtained for this development from the current minimum of $10,000 to $2,000, ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carded Unanimously. F-95-31 - Chief Admlnlstretlve Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $13,884,249.28 for the period ending October 2, 1995 be approved by the passing of the by-law appearing later on the agenda. - 7- ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the report be received and adopted. The motion Carried with Aldermen Campbell, Craitor, Cummings, Hendershot, Janvary, Pietrangelo and Ward abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. See By-law No. 95-225 RATIFICATION OF FINANCE COMMITTEE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the actions taken on the following matters by Finance Committee, earlier this evening be approved: CAA Niagara - that a staff member be authorized to attend the National Hot Rod Association meeting along with the CAA delegation; 2. That the Committee approve a contribution of $1,500 towards the Corporation's 1995 Children's Christmas Party. The motion Carded with Alderman Hendershot abstaining from the vote on Item #2 because a member of his family is involved with the Union; Aldermen Craitor, Fisher, Orr and Susin voting contrary to the motion on Item #2 and with all others voting in favour. L-95-77 - Chief Administrative Officer - Re: Surplus City Lands. The report recommends that the report be for the information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be referred to staff for comments on opposition to past offers for sale on any listed properties. Carried Unanimously. L-95-78 - Chief Administrative Officer - Re: Property Standards Order; Christos Rigas, 5559 Portage Road. The report recommends that Council retain a City Work crew or a Contractor to forthwith complete the work which Christos Rigas was directed to carry out under the Order of the Property Standards Officer, namely clean and remove all rubbish and debris left over after demolishing a garage from the subject property. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. L-95-81 - Chief Administrative Officer - Re: Garage Sales. The report recommends that the procedure set out in Schedule "A" be implemented to control and regulate Garage/Yard Sales and that it be implemented as a policy of the City of Niagara Falls. ORDERED on the motion of Alderman Janvary, seconded by Alderman by Alderman Susin, that.the report be received and adopted. Carried Unanimously. RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the actions taken on the following matters by Committee-of-the-Whole, earlier this evening be approved: That the City be authorized to pay the cost of top coat asphalt at the Niagara South Condominium Corporation #32 and Portage Road and place the amount as a lien against the land; To close up Corfield Road and offer it to the abutting owners for the price it cost the City for road closure subject to the abutting owners granting an easement to Washington Mills; 3. That an ad hoc committee be established to review the City's Procedural By-law with Alderman Ward as Chair. The motion Carried. with Alderman Orr voting contrary to the motion on Item #1 and with all others voting in favour. RESOLUTIONS NO. 72 - CUMMINGS - FISHER - WHEREAS the Court has determined that an adult entertainment padour attendant, who performs lap-dancing, is not performing an indecent act or centravening the Criminal Code of Canada; AND WHEREAS the Court of Appeal is presently reviewing the trial Court's decision that lap-dancing does not contravene the Cdminal Code of Canada; AND WHEREAS the owners of adult entertainment padours permit attendants to perform lap-dancing in their establishments in the Province of Ontario; AND WHEREAS there are several adult entertainment padours in the City of Niagara that permit their attendants to provide this service; AND WHEREAS the Council of the Town of Fort Erie has passed a By-law, prohibiting lap-dancing in its municipality on the basis of health and safety reasons; AND WHEREAS other municipalities, such as the Municipality of Metropolitan Toronto and the City of Mississauga, have passed similar by-laws to prohibit lap-dancing in their municipalities on the basis of health and safety reasons; AND WHEREAS the Council of the City of Niagara Falls believes it is appropriate to ban lap-dancing in adult entertainment padours, subject to the decisions of the Court; NOW THEREFORE BE IT RESOLVED that the Council for the City of Niagara Falls supports the efforts of the Town of Fort Erie and the other municipalities, who have passed by-laws that prohibit lap-dancing, and that the City of Niagara Falls will further consider the passage of a similar by-law, once the Courts have determined the legality of lap-dancing and by-laws passed to prohibit lap-dancing; AND FURTHER that the Seal of the Corporation be hereto affixed. The motion Carried with Alderman Craitor voting contrary to the motion and with all others voting in favour. NO. 73 - SUSIN - PIETRANGELO - RESOLVED that the unit prIces submitted by the low tenderer, V. Gibbons Contracting Limited, for Contract 92-103 - Road Reconstruction on Portage Road, Harvey Street, Church's Lane and Swayze Drive, at the low tendered amount of $920,387.65 be accepted; AND The Seal of the Corporation be hereto affixed. Carried Unanimously. NO. 74 - VOLPATTI - PIETRANGELO - WHEREAS all Municipal governments have been informed by the Provincial government that there will be major cutbacks in Provincial subsidies; AND WHEREAS all Municipalities will be faced with the need to find funds within their existing budgets to provide for these cutbacks to cover the existing shortfall; NOW THEREFORE BE IT RESOLVED that the Corporation of the City of Niagara Falls requests the Council of the Regional Municipality of Niagara to closely scrutinize and examine all requests for spending at this time due to the imminent cutbacks and potential need for a financial buffer, AND The Seal of the Corporation be hereto affixed, The motion Carded with Aldermen Cummings and Creitor abstaining from the vote on conflicts of interest because members of their families are employed by the Regio. n and with all others voting in favour. BY-LAWS ORDERED or~ the motion of Alderman.Hendershot, seconded by Alderman Cumm ngs, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 95-219 A by-law to authorize the road reconstruction of Portage Road, Harvey Street, Church's Lane and Swayze Drive. ~ -9- 95-220 A by-law to authorize the temporary road closure part of Portage Road, Church's Lane and Swayze Drive. 95-221 A by-law to authorize the execution of an agreement with V. Gibbons Contracting Ltd. for road reconstruction on Portage Road; Harvey Street; Swayze Drive and Church's Lane. 95-222 A by-law to authorize the execution of an agreement with Shoalts Bros. Construction Ltd. respecting exterior renovations at the Niagara Falls Arena. 95-223 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City roads (Stop Signs). 95-224 A by-law to repeal By-law No. 95-84, being a by-law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. (PD-95-137, 3788 Montrose Road, formerly Reese's Country Inn) 95-225 A by-law to authorize monies for General Purposes (October 2, 1995). The motion Carried with Alderman Janvary abstaining from the vote on By-law Nos. 95-219, 95-220 and 95-221 on a conflict of interest previously noted; Aldermen Campbell, Craitor, Cummings, Hendershot, Janvary, Pietrangelo and Ward abstaining from the vote on By-law No. 95-225 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the following by-laws be now read a second and third time: 95-219 A by-law to authorize the road reconstruction of Portage Road, Harvey Street, Church's Lane and Swayze Drive. 95-220 A by-law to authorize the temporary road closure part of Portage Road, Church's Lane and Swayze Drive. 95-221 A by-law to authorize the execution of an agreement with V. Gibbons Contracting Ltd. for road reconstruction on Portage Road; Harvey Street; Swayze Drive and Church's Lane. 95-222 A by-law to authorize the execution of an agreement with Shoalts Bros. Construction Ltd. respecting exterior renovations at the Niagara Falls Arena.. 95-223 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City roads (Stop Signs). 95-224 A by-law to repeal By-law No. 95-84, being a by-law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. (PD-95-137, 3788 Montrose Road, formerly Reese's Country Inn) 95-225 A by-law to authorize monies for General Purposes (October 2, 1995). The motion Carried with Alderman Janvary abstaining from the vote on By-law Nos, 95-219, 95-220 and 95-221 on a conflict of interest previously noted; Aldermen Campbell, Craitor, Cummings, Hendershot, Janvary, Pietrangelo and Ward abstaining from the vote on By-law No. 95-225 on conflicts of interest previously noted and with all others voting in favour. NEW BUSINESS No Parking SIgns - St. Claire/Morrison ORDERED on the motion of Alderman Orr, seconded by Alderman Hendershot, that staff be requested to move the "No Parking" sign southwest of St. Claire/Morrison back to at least the first driveway. Carried Unanimously. Enforcement of Parking of Transport Trucks Alderman Kim Craitor expressed concerns regarding large trucks that stop and remain in the travelled portion of major roads while their drivers go into coffee shops to take a break, which is creating a serious traffic hazard with one of the major problem areas being McLeod Road. ORDERED on the motion of Alderman Susin, seconded by Alderman Cummings, that the Police be requested to strictly enforce the parking of transport trucks in the parking lane at McLeod Road. Carried Unanimously. Generating Station Alderman Fermino Susin questioned the issue of an expenditure of $3.200 for Chief Corfield responded that this was part of a program to update the emergency generating power at the main fire station; an elaborate system to supply power to the fire station, administration building and the hellport which required the assistance of a consultant. Letter to Premier Jacques Padzeau, of Quebec Alderman Wayne Campbell referred to the issue of the upcoming Quebec referendum qui~stion on whether the citizens of Quebec wish to remain or separate from Canada. Following some discussion, it was ORDERED on the motion of AIderman Cam, p, bell , secon~ed.J~y Alderman Pietrangelo, that a letter be forwarded to the P~'r~ier of Quebec, Mr. Jacques Padzeau, indicating that the City of Niagara Falls wished to have Quebec remain part of Canada. Carried Unanimously. Dog Complaint Alderman Kim Craitor referred to a petition received from residents on Andrea Drive regarding a disturbing and annoying dog located at Andrea Drive. ORDERED on the motion of Alderman Craitor, seconded by Alderman Volpatti, that the petition and complaint be referred to the City Solicitor for appropriate action, Carried Unanimously. ' - 11- Use of Falls for Publicity Purposes Alderman Kim Craitor referred to persons using the Falls for publicity purposes and expressed concerns regarding imminent injuries that could result to rescuers during a rescue operation of these individuals. Cutbacks in Provincial subsidies His Worship Mayor Thomson referred to the issue of Municipal governments being informed by the Provincial government of major cutbacks in Provincial subsidies and requested that a resolution be forwarded to the Council of the Regional Municipality of Niagara requesting them to closely scrutinize and examine all requests for spending due to imminent cutbacks. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the City of Niagara Falls requests the Council of the Regional Municipality of Niagara to closely scrutinize and examine all requests for spending at this time due to the imminent cutbacks and potential need for a financial buffer. The motion Carried with Aldermen Cummings' and Craitor abstaining from the vote on conflicts of interest because members of their families are employed by the Region and with all others voting in favour. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings, that the meeting be adjourned. Carried Unanimously. READAND ADOPTED, COMMITTEE OF THE WHOLE_ Committee Room #2 October 16, 1995 Council met on Monday, October 16, at 7:00 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Craitor, who was away on business; and Alderman Orr, who was away due to illness, were present. Alderman Pat Cummings presided as Chairman. Following consideration of the items presented, the Committee of the Whole did not rise to report in open session. READ AND ADOPTED, REGULAR COUNCIL MEETING Council Chambers October 16, 1995 Council met on Monday, October 16, 1995 at 7:30 p.m. for the purpose of considering Regular Business. All members of Council, with the exception of Alderman Craitor, who was away on business; and Alderman Orr, who was away due to illness, were present. Alderman Cummings offered the Opening Prayer. ADOPTION OF MINUTE_S ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the :Minutes of the Regular Meeting of October 2, 1995 be adopted as printed. Carried Unanimously. DISCLOSURES OF PECUNIARY INTEREST Alderman Cummings indicated a pecuniary interest on Report F-95-32, Cheque Nos. 215552; 215693; 215462 and M91116 because a family member is employed by the Region. Alderman Hendershot indicated a pecuniary interest on Communication No. 329, 'Winter Festival of Lights, because a family member is involved. Alderman Susin indicated a pecuniary interest on Report F-95-32, Cheque No. M91094 because his parents reside in the area; and Cheque No. M91103 because he had performed some work in the subdivision. it ,'. -2- Alderman Campbell indicated a pecuniary interest on Report F-95-32, Cheque No. M91087 because he was the recipient. Alderman Ward indicated a pecuniary interest on Report F-95-32, Cheque No. 215419, because he has a business relationship. PRESENTATIONS Coats for Kids His Worship Mayor Thomson introduced Mrs. Anne Angelone who informed that the Coats for Kids program would be launched on Friday, October 20, 1995 and that the coats could be deposited at any of the firehalls in the City; she thanked the citizens of Niagara Falls for their donations and Mayor Thomson and members of Council for the use of the old Courthouse building for coat storage and for their continued support of the program. His Worship Mayor Thomson presented tokens of appreciation to Mrs. Anne Angelone, and volunteer members Mrs. Marjorie Karner; Mrs. Eva Kerling; Mr. Tony Scalzo and Mrs. Teresa Scalzo, of T & T One Hour Dry Cleaning in recognition of all their efforts and involvement in the community project. Mr. Domehie Chiareila, Chiarella Custom Tailors; the management staff of Tomco Services and Imperial Cleaners were unable to attend. Niagara Falls Brewing Company Mr. Rick Rathfelder, Chairman, Economic Development Advisory Board informed that the Niagara Falls "Business Showcase Award" recognized new business ventures or existing businesses that have contributed to the economic growth and development of the City of Niagara Falls. Mr. Rathfelder introduced Mrs. Wendy Canavan, Economic Development Department, who provided a brief history and profile outlining the Niagara Falls Brewing Company's substantial accomplishments and contributions to the economic growth of the community. Mrs. Caravan introduced Mr. Claude Corriveau, General Manager, who discussed the company's new product line; provided information on the exporting and distribution of their products to the United States and international markets; and ~thanked members of Council and the Economic Development Advisory Board for the henour to receive the City's Business Showcase Award. His Worship Mayor Thomson, on behalf of the City and the Economic Development Board presented the Niagara Business Showcase Award to Mr. Marie Criveller and Mr. Claude Corriveau, for their contribution to the economic growth of the com~n~3tnity. ' DEPUTATIONS Rainbow Bridge Development Mr. Douglas BirreH, Vice-President and General Manager, Canadian Niagara Hotels Inc., expressed concerns regarding a proposed 300 foot long, 30 foot high visual barrier walkway that would destroy the visitors' view of Niagara Falls, Canada; impede the visibility to all traffic; and obscure the view to the immediate business areas. Mr. Birreil introduced Mr. Patrick Robson, Planner, Willow Bay Consulting Services who reviewed the following concerns: the site design; the use of glass providing a reflective surface; referred to the affect on automobile traffic coming from the 420 and Bender Hill direction, due to the near blinding reflection of the proposed glass wall; referred to "an established need"; stated that the proposed walkway would impede the view from the number -3- of hotels in close proximity to the plaza; and that the view of the Skyline Brock Hotel would be largely eliminated and the effect of the obstructed view would negatively impact on its commercial viability. Mr. Birrell requested that Council pass a motion to support the improvement and enhancement to the Rainbow Bridge which will promote more efficient and expeditious processing of traffic into Canada but that Council opposes a pedestrian walkway construction which would create a visual barrier to visitors entering into Niagara Falls and that the City opposes future commercialization and further use of bridge and property for commercial uses. The City Solicitor responded to concerns regarding the Niagara Bridge Commission and stated that the City had no jurisdiction over the Bridge Commission. During the discussion, on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the matter be deferred. The motion was Defeated with the following vote: AYE: NAYE: Aldermen Campbell, Volpatti, and Ward. Aldermen Cummings, Fisher, Hendershot, Janvary, Pietrangelo, Puttick and Susin. - The Chief Administrative Officer responded to concerns expressed regarding the issue of commemialization and advised that the matter was a legal issue, and it was believed not to be a concern on the part of the Bridge Commission that they did not have any desire to retain any commemial uses on the bridge in the future. Following further discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Pietrangelo, that Council, in general, will support improvement and enhancement to the Rainbow Bridge which will promote more efficient and expeditious processing of traffic into Canada; and that Council is not in fayour of a pedestrian walkway construction which would cream a visual barrier to visitors entering into Niagara Falls; and that the City is not in favour of future commercialization and further use of bridge and property for commercial uses. The motion Carried with Aldermen Campbell and Volpatti voting contrary to the motion and with all others voting in fayour. COMMUNICATIONS Communication No. 326 - White Ribbon Against Pornography - Re: Proclamation. The communication requests Council proclaim the week of October 22 - 29, 1995 as "White Ribbon Week" in the City of Niagara Falls. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, that the request be supported subject to established policy. Carried Unanimously. Communication No. 327 - Hospice Niagara - Re: Proclamation. The communication requests that Council proclaim the week of October 15 - 21, 1995 as "Hospice Awareness Week" in Niagara Falls. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, that the request be supported subject to established policy. Carried Unanimously. Communication No. 328 - The Optimist Club of Niagara Falls, Inc. - Re: Proclamation. The communication requests that Council proclaim the week of November 5 ~ 11, 1995 as "Youth Appreciation Week". ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, fitat the request be supported subject to established policy. Carried Unanimously. -4- Communication No. 329 - Winter Festival of Lights - Re: Wheel World Car Show. The communication requests that the City waive the Exhibitor's fee for the Wheel World Car Show being held on November 17th, 18th, and 19th, 1995 at the Skylon Tower. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the Exhibitor's fee be waived. The motion Carried with Alderman Hendershot abstaining from the vote on a conflict of interest previously noted and with all others voting in fayour. Communication No. 330 - Willoughby Congregational Christian Church - Re: Condition of gravestones at the Willoughby Congregational Christian Church. The communication requests that immediate assistance through the cemetery staff to have the 150 year-old stones laid down to prevent any accidents from occurring. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the request be approved. Carried Unanimously. Communication No. 331 - Canada Remembers - Re: Veteran's Week. The communication requests that Council provide a Certificate of Appreciation to the Veteran's of World War II in commemoration of the 50th Anniversary of Victory. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that the matter be approved and referred to the Civic Committee. Carried Unanimously. Communication No. 332 - The Corporation of the Township of Kingston - Re: Resolution. The communication requests that Council endorse a resolution that the existing legislation, General Welfare Regulations be amended to allow the issuing of press releases following the successful prosecution of individuals who obtain social assistance through fraud or deceit. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, that the communication be received and filed. Carried Unanimously. Communication No. 333 - Niagara Falls Humane Society - Re: Changes in Operation. The communication requests that Council consider amending the City Dog Licensing By-law to reflect the raising of dog licenee fees as outlined in the proposal and further that the Agreement between the City of Niagara Fails and the Niagara Fails Humane Society be amended to indicate that the Humane Society Shelter will be closed to the public on Sundays. ORDERED on the motion of Alderman Janvary, seconded by Alderman Volpatti, that the requests be supported. Carried Unanimously. Communication No. 334 -The Chamber of Commerce Niagara Falls, Canada - Re: City of Niagara Fails Parking Policies. The communication requests tl~at the parking policies in the City of Niagara Falls be reviewed in order to promote a more positive approach to parking throughout the City. ORDERED on the motion of Alderman Ward, seconded by Alderman Volpatti, that the matter be referred to staff and meeting with the Chamber of Commerce. - AND - Report MW-95-185 - Chamber of Commerce CorrespondenCe. ll~e report recommends that this report be received for the information of Council. ORDERED on the motion of Alderman Ward, seconded by Alderman Volpatti, that the report be received and fried for the information of Council. Carried Unanimously. Communication No. 335 - Corporation of the City of Thorold - Re: Bill 120, The Resident's Right Act as-of-right Accessory Apartments. The communication advises that the city of Thorold supported the recommendations of the C,,~neral Committee ~'equesting the Provincial government to repeal Bill 120 and of the implications of as-of-right accessory apamnents.(Council is on record as supporting Bill 120) ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the communication be r~ceived and fried. Carried Unanimously. -5- Communication No. 336 - Niagara Falls Humane Society - Re: Licensing of Cats. The communication provides a response to concerns regarding the issue of licensing of cats. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the matter be referred to staff. Carried Unanimously. Communication No. 337 - Regional Niagara, Office of the Clerk - Re: Transt~r of Jurisdiction - Waste Management. The communication advises that the Council of the Regional Municipality of Niagara at its meeting of October 5, 1995 approved the recommendation that the Region accept responsibility for waste management in the areas of Planning and Administration; Diversion (3 R's); Disposal and Collection. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the communication be received and filed for the Information of Council. Carried Unanimously. Conununication No. 338 - Saint Michael High School - Re: 50th Anniversary of the United Nations. The communication requests that a tree be planted in a "peace garden" and that a United Nations flag be raised on October 23, 1995 in commemoration of the 50th anniversary of the rounding of the United Nations. ORDERED on the motion of Alderman Fisher, seconded by Alderman Campbell, that the request be supported-subject to established policy, and that staff provide comments on the matter. Carried Unanimously. REPORTS PD-95-140 - Chief Admini~rative Officer - Re: Site Plan Approval; SPC-15/95, Proposed Tourist Commercial Plaza; Victoria Avenue and Magdalen Street. The report recommends the following: That Council approve the site plan for the proposed 24,080 sq. ft. plaza located on the southeast side of Victoria Avenue opposite Magdalen Street; 2. That the developer ensure that all requirements of CP Rail be complied with prior to occupancy of the building. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. F-95-32 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $5,868,757.62 for the period ending October 16, 1995 be approved by the passing of the by-law appearing later on the agenda. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with Aldermen Cummings, Campbell; Susin and Ward abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. See By-law No. 95-235 RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, that the actions taken on the following matters by Community Services Committee earlier this evening .be approved: 1. Adoption of October 2, 1995 Community Services Committee Meeting Minutes; a) Request for Reimbursement of Tipping Fees ($185.00) - Mr. P. Flaherty, 3385 Callan Street; b) Request for Waiving of Tipping Fees - Mr. J. Warunkiewicz, 4300 Simcoe Street - That Mr. P. Flaherty's request for reimbursement of tipping fees and Mr. Warunkiewicz's request for waiving of tipping fees be granted - Opposed: Alderman Ward; Alderman Volpatti; -6- MW-95-171 - Award of Tender - Contract 95-143-2 - Stormwater Management Ponds - that the unit prices submitted by the low tenderer, Metric Contracting Services Corporation, be accepted and the by-law passed; MW-95-178 - Sodium Chloride Tender - Region's Reference #94-T-18 - that the contract awarded in September, 1994, MW-94-204 for the Supply and Delivery of Bulk Sodium Chloride, to Akzo Nobel Salt Ltd., Mississauga, Ontario, be extended for an additional twelve (12) months at a cost of $40.23 per tonne excluding sales taxes which will add an additional 3.9% to the cost; MW-95-180 - Building Division Report for September, 1995 - that the Building Division Report for September 1995 be received and filed; MW-95-181 - Agreements for Niagara Municipal Recycling Board - that authorization be granted to execute five Niagara Municipal recycling Board Agreements relating to: An NMRB Agent; Revised Processing Agreement with Niagara Recycling (until March 31, 2000); revised Collection Agreement with Niagara Recycling (until March 31, 1996); Assignment of Lease to the NMRB for Processing Facility; and Sublease of Processing Facility to Niagara Recycling; R-95-75 - Agreement for the Notre Dame Separate School Playstructure Adjacent to E.E. Mitchelson Park - that the Agreement between the Corporation of the City of Niagara Falls and the Welland County Roman Catholic Separate School Board for the installation of a playstructure at Notre Dame Elementary School, along with the by-law be approved; R-95-77 - Purchase of 1988 reconditioned Articulating Lift Model 33HA - that the by- law to purchase a reconditioned Articulating Lift from Matthews Equipment Ltd. for a purchase price of $26,500.00 plus applicable taxes be approved; Information Items - Complaint of Motodzed Vehicles on Right-of-Way - Mr. Bray - Fieldstone Avenue; - 1995 OTC Parking Workshop - that the information provided on Motodzed vehicles on Fieldstone Avenue and the OTC Parking Workshop be received and filed; 10. Condition of Lyon's Creek Road - that staff reques~ the Region to consider several locations for road rehabilitation and maintenance The motion Carded with Aldermen Volpatti and Ward voting contrary to the motion on Item #2 - Request for tipping fees and Waiving of tipping fees; Alderman Pietrangelo abstaining from the vote on a conflict of interest on Report R-95-76 because he is employed by the Welland County School Board and with all others voting in fayour... See By-law No. 95-227 See By-law No. 95-229 See By-law No. 95-230 See By-law No. 95-231 "' See By-law No. 95-232 See By-law No. 95-233 · See By-law No. 95-234 L-95-85 - Chief Administrative Officer - Re: Impounding Vicious dogs; Dog Control & Licensing By-law. The report recommends that Council pass a by-law requiring the muzzling or leasiting of a dog after it has bitten a person or domestic animal and permitting the owner of the vicious dog to have a hearing before Council to be exempted from such a requirement. - 7- ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted and further that a copy of the By-law be provided to Mrs. Dora Perone for her information. Carried Unanimously. See By-law No. 95-228 ***** Alderman Campbell left Council Chambers. RESOLUTIONS RESOLUTION NO. 75 - CUMMINGS - PIETRANGELO - WHEREAS THE "Coats for Kids" program has been established in our community to provide for suitable and useful coats for children who may not be able to acquire the necessary overcoat for winter; AND WHEREAS the "Coats for Kids" program was initially established as a personal project and has now grown to a full community-based program to assist residents within the City; NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls, in recognizing-the efforts of the many organizers and volunteers involved in this community project proclaims the month of November as "Coats for Kids Month" in the City of Niagara Falls; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. NO. 76 - FISHER - JANVARY - WHEREAS the Province of Ontario has enacted legislation which requires all persore to wear protective helmets, while riding a bicycle, and this legislation has come into force on October 1, 1995; AND WHEREAS numerous Health and Safety agencies, Police departments, and other levels of government have supported the imposition of legislation requiring all persons to wear helmets, while riding bicycles; AND WHEREAS it is understood by the Council of The Corporation of the City of Niagara Falls that the Provincial government has chosen to focus its enforcement of this legislation only upon those persons under the age of eighteen years; AND WHEREAS all persons are exposed to accidents and head injuries arising from the failure to wear protective helmets, while riding a bicycle; NOW THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls supports the enactment of bicycle helmet legislation; AND FURTHER that the Council of the City of Niagara Falls believes that the requirement for the wearing of a protective helmet, while riding a bicycle, should be mandatory, regardless of age, and therefore urges that the Province of Ontario emures that all persons be equally subject to this law; AND FURTHER that a copy of this resolution be forwarded to the Minister of Transportation for Ontario; AND FURTHER that the Seal of the Corporation be hereto affixed. The motion Carried with Alderman Volpatti voting contrary to the motion and with all others :voting in favour. Alderman Campbell returned to Council Chambers. NO. 77 - JANVARY - FISHER - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby authorizes, after giving not less than fifteen days notice to the owner, City forces, its workmen or contractors, to enter the lands of Niagara South Condominium Corporation No. 32, known as 4667 Portage Road, to install and complete the asphalt paving of the driveway in accordance with the site plan agreement between the City of Niagara Falls and 842720 Ontario Ltd. AND The Seal of the Corporation be hereto affhxed. Carried ~ -8- NO. 78 - HENDERSHOT - VOLPATTI - WHEREAS the YWCA of Niagara Falls is a non- profit volunteer organization committed to the needs of women and through their programs and services encoaragc development and self-reliance, support those in need, all focused toward the improvement of the status of women; AND WHEREAS the local Niagara Falls YMCA petitioned the Legislative Assembly of the Province of Ontario and in April 1951 was granted, by a private member's hill, an Act which, in part, provided for the exemption of The Young Mcns Association of Greater Niagara from municipal taxation except for local improvements; NOW THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls supports the petition of the YWCA of Niagara for exemption from municipal taxation and further that this resolution be circulated to The Regional Municipality of Niagara, the Niagara South , Board of Education and the Welland County Roman Catholic Separate School Board for support. AND The Seal of the Corporation be hereto affvccd. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 95-226 A by-law to authorize the execution of an amending agreement with Giuseppe Morinello. 95-227 A by-law to authorize the execution of an Agreement dated August 28, 1995 with The Welland County Roman Catholic Separate School Board respecting the installation of a creative playspace on School Board lands. 95-228 A by-law requiring the muzzling of vicious dogs. 95-229 A by-law to authorize the execution of a Processing Agreement with Area Municipalities and Niagara Employment Agency Inc. to perform certain processing and marketing services. 95-230 A by-law to authorize the execution of a Collection Agreement with Area Municipalities and Niagara Employment Agency Inc. 95-231 A by-law to authorize the execution of a Sublease with area municipalities and · Niagara Employment Agency Inc. 95-232 A by-law to authorize the execution of an Assignment of Lease with Niagara Employment Agency Inc. and others. 95-233 A by-law to authorize the execution of an Agreement with Tile Corporation of the Town of Fort Erie and others to establish the Township of Wainfleet as the Agent for the Niagara Municipal Recycling Board. 95-234 A by-law to authorize the execution of an Agreement with Metric Contracting Services Corporation for a Storm Water Management System at the Mountain Road Landffil Site. 95-235 A by-law to authorize monies for General Purposes (October 16, 1995). The motion Carded with Alderman Pietrangelo abstaining from the vote on a conflict of interest previously noted; and Aldermen Cummings, Campbell, Susin and Ward abstaining from the vote on By-law No. 95-235 on conflicts of interest previously noted and with all others voting in favour. - 9- ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the following by-laws be now read a second and third time: 95-226 A by-law to authorize the execution of an amending agreement with Giuseppe Morinello. 95-227 A by-law to authorize the execution of an Agreement dated August 28, 1995 with The Welland County Roman Catholic Separate School Board respecting the installation of a creative playspace on School Board lands. 95-228 A by-law requiring the muzzling of vicious dogs. 95-229 A by-law to authorize the execution of a Processing Agreement with Area Municipalities and Niagara Employment Agency Inc. to perform certain processing and marketing services. 95-230 A by-law to authorize the execution of a Collection Agreement with Area Municipalities and Niagara Employment Agency Inc. 95-231 A by-law to authorize the execution of a Sublease with area municipalities and Niagara Employment Agency Inc. 95-232 A by-law to authorize the execution of an Assignment of Lease with Niagara Employment Agency Inc. and others. 95-233 A by-law to authorize the execution of an Agreement with The Corporation of the Town of Fort Erie and others to establish the Township of Wainfleet as the Agent for the Niagara Municipal Recycling Board. 95-234 A by-law to authorize the execution of an Agreement with Metric Contracting Services Corporation for a Storm Water Management System at the Mountain Road Landfill Site. 95-235 A by-law to authorize monies for General Purposes (October 16, 1995). The motion Carded with Alderman Pietrangelo abstaining from the vote on a conflict of interest previously noted; and Aldermen Cummings, Campbell, Susin and Ward abstaining from the vote on By-law No. 95-235 on conflicts of interest previously noted and with all others voting in favour. NEW BUSINESS 'Surplus Property Alderman Pat Cummings referred to correspondence from Peggy Erwin (Barnett) requesting information on the availability of surplus property on Bridgewater Street, Lot numbers 72, 74, 76 and 78 in Chippawa. He requested that the matter be looked into and provided the correspondence to the Deputy City Clerk for processing. Gale's Gas Bar Alderman Pat Cummings referred to Mr. Bob Gale, of Gale's Gas Bar involvement in 'the Junior A hockey and other community events; referred to Mr. Gale's sponsorship of 150 children from Community Living to attend a hockey game; and the sponsorship of the "Happy Trumpeter" at the hockey games. - l0 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that a letter of appreciation be forwarded from the Mayor's Office to Mr. Bob Gale, of Gales Gas Bar for his involvement in sponsoring and assisting in various community events and further that the Economic Development Department be requested to recognize Gale's Gas Bar as the recipient of a future Community Showcase Award. Carried Unanimously. Computer Networkinn at City Hall Alderman Victor Pietrangelo discussed the possibility of Aldermen being able to access -the City Hall network in order to obtain information while at home and enquired whether the City could provide the Aldermen with the hardware and set up costs to facilitate the information; and whether those Aldermen who already have the hardware, could obtain an access code. The Director of Community Services responded that a report would be prepared to provide the options and costs involved to members of Council. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Ward, that staff prepare a report regarding the options and costs involved with respect to computer networking at City Hall for the members of Council. Carried Unanimously. Letters of Condolence ORDERED on the motion of Aideman Ward, seconded by Alderman Cummings, that a letter of condolence be forwarded to the family of the late Gus Saccone, who was involved in the Major Junior "A" hockey and the Niagara Falls Thunder and a well-respected citizen of the community. Carried Unanimously. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Janvary, that a letter of condolence be forwarded to the family of the late Reno Luigi Alberton, who was involved in Boys Minor Hockey and the Greater Niagara Baseball Assochtion and a well-respected citizen of the community. Carried Unanimously. ORDERED on the motion of Alderman Fisher, seconded by Alderman Susin, that a letter of condolence be forwarded to the family of the late Jeffrey Rankin, an employee of Factor Forms Niagara and well-respected citizen of his community. Carried Unanimously. Congratulations His Worship Mayor Thomson congratulated the Director of Community Services on behalf of Council for having successfully completed his Masters of .Public Administration Program. - II - Letter of Appreciation His Worship Mayor Thomson referred to correspondence received from Mr. John Genin Jr., Missouri, who had an opportunity to vacation in Niagara Falls with his family and expressed appreciation for their wonderful experiences while visiting Niagara Falls. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Hendershot, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, CiTY Ck iik"MAYOR wAyNe' COMMITTEE OF THE WHOL__E Committee Room #2 October 23, 1995 Council met on Monday, October 23, at 6:45 p.m. in Committee of the Whole. All members of Council, were present. Alderman Shirley Fisher presided as Chairman. Following consideration of the items presented, the Committee of the Whole did not report in open session. READ AND ADOPTED, MAYOR WAYNE THOMSON REGULAR COUNCIL MEETING Council Chambers October 23, 1995 Council met on Monday, October 23, 1995 at 7:30 p.m. for the purpose of considering Regular Business. All members of Council, were present. Alderman Puttick offered the Opening Prayer. Prior to dealing with further matters, Alderman Campbell distributed a picture of the Rainbow Bridge Plaza for Council's information. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the Minutes of the Regular Meeting of October 16, 1995 be adopted as printed. parried' Unpnimously. DISCLOSURES OF PECUNIARY INTEREST Alderman Cummings indicated a pecuniary interest on Report No. F-95-33, Cheque No.s. 215764 and 215857 because a family member is employed by the Region. Alderman Fisher indicated a pecuniary interest on Report No. F-95-33, Cheque No. 215747 because the recipient is her son-in-law's employer. Alderman Susin indicated a pecuniary interest on Report No. F-95-33, CheqUe No. M91122 because his mother resides in the area. Alderman Craitor indicated a pecuniary interest on Report F-95-33, Cheque Nos. 215764 and 215857 because his family works for the Region. I__ -2- Alderman Craitor indicated a pecuniary interest on Report F-95-32, Cheque Nos. 21552, 215693 and 215462, and M91116 from the Council Meeting of October 16, 1995 because the recipient is his spouse's employer; and indicated a conflict of interest on the Deputation of the Rainbow Bridge Development because he is employed by the Federal Government, DEPUTATIONS Mr. Gary Rogers, Fire Prevention Officer and Ms. Karen Jones addressed Council regarding "Fire Safety Tips for Kids" Fundraising Program and distributed a Fire Safety Booklet to Council for their information. Mr. Rogers introduced Karen Jones who is in search ' of sponsors for their Fundraising Program. His Worship Mayor Thomson thanked Mr. Rogers and Ms Jones for their attendance and wished them success in their endeavours. Liquor Control Board Pdvatization Chris St. Angelo, Liquor Control Board of Ontario, provided clarification on the various issues that would befall the LC.B.O. should it be privatized. His Worship Mayor Thomson expressed concerns about the number of jobs that will be lost if this occurred. ORDERED on the motion of Alderman Craitor, seconded by Alderman Orr that the City of Niagara Falls go on record as opposing the privatization of the LC.B.O. and that changes to the present retail outlets be made through the existing system. The motion Carried with Alderman Volpatti voting contrary to the motion and with all others voting in favour. COMMUNICATIONS Communication No. 339 - Ontario March of Dimes - Re: Proclamation. The communication requests Council proclaim the month of January, 1996, as "Ontario March of Dimes Month". ORDERED on the motion of Alde.,Tnan Pietrangelo, seconded by Alderman Cummings, that the request be supported subject to established policy. Carded Ufianimously Communication No. 340 - Mark R. Spirondlo, Dreamland Records & Clothing - P-e: Deposit towards business taxes. The communication requests Council consider refunding part or all of his $500.00 deposit towards business taxes. ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that the Business Licenee be pro-rated for the three months that he was in business and issue a refund of $350.00. Carded Unanimously. Communication No. 341 - Ministry of the Solicitor General and Correctional Services - Re: Proclamation. The communication requests Council proclaim the week ofNovembar 5 - 11, 1995 as "Ontario Crime Prevention Week". ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Susin, that the request be approved subject to established policy. Carried Unanimously REPORTS PD-95-142 - Chief Administrative Officer - Re: Site Plan Approval; SPC-18/95, Proposed Expansion to LG.A. Food Store; Morrison Street and Dorchester Road. The report recommends the following: ,: -3- That Council approve the above subject site plan for a 12,400 sq. foot addition to the I.G.A. food store located on Morrison Street at Dorchester Road; 2. That Council approve the by-law to designate a new fire access route lbr this developn~ent. ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. F-95-33 - ChiefAdministrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $764,048.60 for the period ending October 23, 1995 be approved by the passing of the by-law appearing later on the agenda. ORDERED on the motion of Alderman Ward, seconded by Alderman Pietrangelo, that the report be received and adopted. The motion Carried with Aldermen Cummings, Craitor, Fisher and Susin abstaining from the vote on conflicts of interest previously noted and with all others voting in fayour. See By-law No. 95-236 RATIFICATION OF FINANCE COMMITTEE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the adoption of the Minutes of the Finance Committee meeting held on October 2, 1995 be approved: Carried Unanimously BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that leave be granted to introduce the following by-law, and the by-law be read a first time: 95-236 A by-law to authorize monies for General Purposes (October 23, 1995). The motion Carded with Aldermen Cummings, Craitor, Susin and Fisher abstaining from the vote on By-Law No. 95-236 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the following by-law be now read a second and third time: 95-236 A by-law to authorize monies for General Purposes (October 23, 1995). The motion Carded with Aldermen Cummings, Craitor, Susin and Fisher abstaining from the vote on By-law No. 95-236 on conflicts of interest previously noted and with all others voting in favour.' NEW BUSINESS NO. 79 - SUSIN - JANVARY - RESOLVED that a message of condolence be fonvarded to the family of the late City employee, Joseph Gallela, father of Frank Galiela. AND the Seal of the Corporation be hereto affixed. Carried unanimously. Construction in the North End Alderman Volpatti thanked the Director of Municipal Works for work being done in the North end of the city but reported that she received many complaints respecting road closures creating an impasse in her area. Staff will make an effort to solve this problem. -4- Bingo Alderman Campbell expressed concern at not receiving a bingo report for some time, and also requested that Staff look into the feasibility and possibility of holding City-run hinges or of a City owned facility. ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti that Staff look into the feasibility and possibility of holding City-ran hinges, or of a City-owned facility. The motion Carded with Aldermen Cummings and Craitor abstaining from the vote on a conflict of interest because they are both involved with organizations that run bingos, and with all others voting in fayour. Licensing of Cats Alderman Craltor was pleased with the Report that Council had received from the Humane Society. He indicated that he has a list of individuals to contact when this item returns to Council. Ward System Aldennan Craitor indicated his displeasure of the cancellation of the Ward System meetings, in his absence. The meetings were being held to allow the public an opportunity to have some input, this being a democratic process. Survey Questionnaires were still being received and a synopsis should be put together to reinstitute the meetings and address the issue the way it should have been. Following considerable discussion, it was ORDERED on the motion of Alderman Craitor, seconded by Alderman Puttick, that the Ward System Review Committee be reinstituted. The motion was defeated with the following vote: AYE: Aldermen Puttick, Fisher, Craitor. NAYE: Aldermen Campbell, Cummings, Hendershot, Janvary, Orr, Pietrangelo, Susin, Volpatti and Ward. ORDERED on the motion of Alderman Puttick, seconded by Alderman Pietrangelo, that the meeting be adjoumed. Carried Unanimously, ~ READ AND ADOPTED, COMMITTEE OF THE WHOLE Committee Room #2 October 30, 1995 Council met on Monday, October 30, at 7:00 p.m. in Committee of the Whole. All members of Council, were present. Alderman Selina Volpatti presided as Chairman. Following consideration of the items presented, the Committee of the Whole did not rise to report. READ AND ADOPTED, MAYOR WAYNE THOMSON REGULAR COUNCIL MEETING Council Chambers October 30, 1995 Council met on Monday, October 30, 1995 at 7:30 p.m. for the purpose of considering Regular Business. All members of Council, were present. Alderman Cummings oft~red the Opening Prayer. ADOPTION OF MINUTES Alderman Bruce Ward requested that the Minutes of October 16, 1995 be amended to reflect that he had voted in fayour of the second motion with respect to the Rainbow Bridge Development matter. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the' Minutes of the Regular Meeting of October 23, 1995 be adopted as printed. Carded Unanimously. ***** DISCLOSURES OF PECUNIARY INTEREST Alderman Cummings indicated a pecuniary interest on Report F-95-34, Cheque No. 215947 because a member of his family is employed by the Region. Alderman Craitor indicated a pecuniary interest on Report F-95-34, Cheque No. 216061, b~us~ he sits on the Board as a volunteer member; and Cheque No. 215947 because the recipient is his spouse's employer. Alderman Susin indicated a pecuniary interest on Report F-95-34, Cheque No. 216006 because members of his family are volunteer firefighters. -2- Alderman Ward indicated a pecuniary interest on Report F-95-34, Cheque No. 215906 because he has a business interest. DEPUTATIONS Festival of Trees Mr. Dino Fazio, Social Planning Council Board of Directors advised that the Social Planning Council, in conjunction with Heart Niagara, would be holding its 5th Annual Festival .of Trees, Gala Christmas Auction on November 9, 1995 at the Skyline Brock Hotel. Alderman Victor Pietrangelo, Co-Chair of the Festival of Trees extended an invitation to all members of Council to attend the event. Lap Dancing Mrs. Katharine Goldberg, Association for Burlesque Entertainers indicated that, in their opinion, this was a health and safety issue; that lap dancing not only subjected the dancers to serious health risks but also the wives of the men who attended the clubs. Mrs. Goldberg requested that Council provide a by-law to prohibit lap dancing in order to protect the lives and health of the dancers and other individuals within the community. Mr. Michael Goldberg advised that the Association for Budesque Entertainers was an action group representing the interests of dancers, in a campaign to ban lap dancing; he indicated that lap dancing was a public health and safety issue and that there was a need for a by-law prohibiting lap dancing. During the discussion, the City Solicitor referred to the Divisional Court decision in the Toronto by-law case and advised that the matter would be reviewed with a report being brought back to the next Council meeting. Mr. Doug Moore discussed the need for a by-law banning lap dancing and its enforcement and urged Council to pass the by-law as soon as possible, to prevent further deaths and health risks. ~ Mr. George Radojcic, Solicitor on behalf of Rudan Holdings Ltd., advised that a decision was pending regarding the Metro Toronto by-law and indicated if the by-law was passed making lap dancing a criminal offence, the industry would be prepared to discuss the question of legality and the issue of effective regulation by the municipality would have to be looked at and dealt with. The City Solicitor provided clarification on the term "injunction" and stated this was a legal device by an applicant, through a court order, to prevent or restrain a municipality from enforcing its own by-law; he advised that the Metro Toronto Court decision would be looked into with respect to on what basis the Court upheld the by-law; what dghts and what authority the City had regarding the matter, The Solicitor advised that after the decision had been reviewed, he would be in a better position to inform Council. Following further discussion, it was ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that Council supports, in principal, the investigation and the future passage of a by-law to prohibit lap dancing, The motion Carried with Aldermen Cummings and Fisher voting contrary to the motion and with all others voting in fayour. -3- Winter Festival of Lights Mr. Jim McBurney, Wheel World Car Show provided an overview of the event and advised that the show, in conjunction with the Winter Festival of Lights, would be held on November 17, 18 and 19, 1995 at the SkyIon Tower. UNFINISHED BUSINESS L-95-84 - Chair, Ad Hoc Committee on Exotic Animals - Re: Exotic Animal By-law. The report recommends that the attached draft By-law be passed to prohibit and regulate certain exotic animals and further that the Clerk give adequate notice of the passage of this By-law in the local newspapers. ORDERED on the motion of Alderman Craitor, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See By-law No. 95-237 COMMUNICATIONS Communication No. 342 - Petition headed by Robert J. Smith - Re: Use of Keith Street. The communication expresses objections to the use of Keith Street by City buses: ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the matter be referred to the Transit Commission. Carried Unanimously. Communication No. 343 - Regional Niagara, Office of the Clerk - Re: Niagara Falls Tourism Signing. The communication advises that the Council of the Regional Municipality of Niagara approved the recommendation requesting the Minister of Transportation to approve the City of Niagara Falls as an initial location to implement the MOT's new highway signing program relating to tourism. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Hendershot, that the communication be received and filed for the Information of Council. Carried Unanimously. Communication No. 344 - City of Welland - Re: Transfer of Waste Management. The communication advises that the Welland City Council passed a resolution requesting the Regional Municipality of Niagara to confirm that the "no" municipalities may address their concerns/conditions in the proposed municipal agreements prior to January 1, 1996; and that- the Region address the issue of Weltand's compensation for Waste Management Study costs and compensation for the full remaining capacity presently permitted or to be permitted at the Humberstone Landfill Site. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the communication be received and filed for the information of Council. Carried Unanimously. Communication No. 345 - St. Archangel Michael Serbian Orthodox Church - Re: Bingo Operations. The communication expresses concerns regarding their finances and bingo operations and providing two options such as moving their location to a bingo-only hall; or, purchasing a bus in order to pick up people in the south end of the City and bringing them to their Main Street Hall. ORDERED on the motion of Alderman Voipatti, seconded by Alderman Pietrangelo, that the matter be referred to staff. The motion Carried with Aldermen Craitor, Cummings and susin abstaining from the vote on conflicts of interest because they are involved with groups that deal with bingo. -4- Communication No. 346 - Sharon Hay, 6352 Brock Street - Re: Council behaviour. The communication expresses concerns regarding the behaviour of some members of Council. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Ward, that the matter be received and filed. Carried Unanimously. REPORTS PD-95o144 - Chief Administrative Officer - Re: Request for Extension to Draft Plan Approval; Mount Carreel North (Phase 2), 26T-89009 (Revised). The report recommends the following: That a Council resolution supporting a one-year extension to the Mount Carreel North (Phase 2) Draft Plan of Subdivision be adopted conditional on the applicant maintaining the appropriate subdivision sign which complies with Municipal and Regional requirements; 2. That a copy of this report and Council's resolution be forwarded to the Regional Municipality of Niagara. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. See Resolution No. 80 PD-95-146 - Chief Administrative Officer - Re: Release of Agreement Consent Applications B310/87 & B311/87. The report recommends that Council endorse the by-law on the agenda which will release the agreement as requested by the owner's Solicitor. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See By-law No. 95-241 R-95-80 - Chairperson, Environmental Planning & Greenlng Committee - Re: Action Stemming from the Environmental Planning & Greening Committee Meeting of October 18, 1995. The report recommends that Council endorse the actions stemming from the Environmental Planning & Greening Committee meeting of October 18, 1995. ORDERED on the motion of Alderman Janvary, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously. F-95-34 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $1,437,217.26 for the pedod ending October 30, 1995 be approved by the passing of the by-law appearing later on the agenda. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. The motion Carried with Aldermen Craitor, Cummings, Susin and Ward abstaining from the vote on conflicts of interest previously noted and with all others voting in fayour. See By-law No. 95-242 RATIFICATION OF FINANCE COMMITTEE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the actions taken on the following matters by Finance Committee, earlier this evening be approved: -5- Lundy's Lane Historical Society - to approve the Lundy's Lane Historical Society request for no funding; a letter will be sent through the Mayor's Office thanking the Society for their fiscal responsibility; Niagara Volunteer Bureau - that the Niagara Volunteer Bureau's request for funding be referred to final budget deliberations; Occupation Help Centre - that the Occupation Help Centre's request for funding be referred to final budget deliberations; Information Niagara - that Information Niagara's request for funding be referred to final budget deliberations; Y.W.C.A. - that the YW.C.A.'s request for funding be referred to final budget deliberations; Social Planning Council - that the Social Planning Council's request for funding be referred to final budget deliberations; Project SHARE - that Project SHARE's request for funding be referred to final budget deliberations; Council on World Affairs of Niagara '95 Conference Souvenir Program - that the request from the Council on World Affairs of Niagara for advertising be received and filed. The motion Carried with Alderman Craitor declaring a conflict of interest with respect to the Lundy's Lane Historical Society and the Social Planning Council as his employer has an association with these agencies; also the Occupation Help Centre and the Council on World Affairs as he serves on their Boards; Aldermen Hendershot, Janvary and Pietrangelo declared conflicts of interest with respect to the Council on World Affairs as their employer has an association with the Council. RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the actions taken on the following matters by Community Services Committee, earlier this evening be approved: That the Minutes of the October 16, 1995 Community Services Committee Meeting be - approved; MW-95-195 - Cataract Ice - Sewer Surcharge Relief - that Cataract Ice Limited be granted relief on the sewer surcharge for the portion of water used for product production, subject to Cataract Ice verifying the quantity of water on a yearly basis, used for product production starting with the November-December 1995 billing period; MW-95-189 - New Little Mississippi Drain rehabilitation & Remediation Plan - that i) the City purchase the necessary lands to the east of the New Little Mississippi Drain at a cost of approximately $50,000.00; and ii) that the City carry out rehabilitation works based on Alternative "D" at a cost estimate of $30,000.00; and iii) that staff prepare a report outlining the costs involved to retain a Consultant to finalize design for the long term rehabilitation works; and that recommendations i) and ii) be subject to 1996 budget deliberations; and that the Mayor and appropriate staff meet with the Niagara Parks Commission to negotiate acquisition of the required lands; -6- 10. 11. 12. PD-95-143 - Cherrywood Gardens Condominium, 6704 Thorold Stone Road - Complaint from Neighbour - that Report PD-95-143 be received and filed and that Mr. Hartman of 6704 Thorold Stone Road receive notification of same; MW-95-182 - Landfill Equipment Rental Cheque No. 215008 - that Report MW-95-182 - Landfill Equipment Rental Cheque No. 215008 be tabled to give Alderman Susin an opportunity to review the report; MW-95-188 - Maintenance Agreement - Print Shop - that Report MW-95-188, Maintenance Agreement - Pdnt Shop Cheque No. 214905, be received and filed; and that a report be presented at budget deliberations regarding modernizing equipment; MW-95-186 - Residential Development Charges Indexing - that Report MW-95-186 - Residential Development Charges Indexing Report be received and filed; and that this item be referred to the Construction Trades Committee; MW-95-192 - Niagara Municipal Recycling Board (NMRB) Collection and Haulage of Recyclable Materials for and within the participating Municipalities - that 1 ) the City of Niagara Falls endorse the award of Contract 95-29 to Philip Environmental Inc./Philip Enterprises Inc. for the seven (7) year period from April 1, 1996 to March 31,2003 for Basic Bi-weekly curbside blue box collection services, and that the Board's Agent be authorized to enter into a contract agreement in this regard; and that 2) the City not accept the pdces submitted by Philip for additional services for the City of Niagara Falls, but that staff be authorized to review the various operational alternatives regarding the two (2) additional services currently carried out by the City of Niagara Falls with regional Niagara staff; and that staff report back to Council with the result of the meetings with Region staff - Conflict of Interest - Alderman Hendershot; Opposed: Alderman Janvary; MW-95-193 - Cost Share Hydro Line Beechwood Road - that the City cost share with the Niagara Falls Hydro, the installation of hydro lines on Beechwood Road from McLeod Road to Brown Road; the amount to be cost shared equally being $5,725.00 plus G.S.T. MW-95-194 - W-5-2 Cost Shadng - that the City of Niagara Falls cost share with River Realty, the installation of a combination control structure/road crossing of the W-5-2 Creek; the City's contribution for the project will be approximately $42,000.00 + G.S.T. MW-95-190 - Contract 95-10 - 1995 Tree Planting Contract - that the contract be awarded to the second low bidder, Peninsula Fence & Landscaping Inc. - Opposed: Aldermen Volpatti; Janvary; err and Campbell; ~-- R-95-79 - Recreation Commission Tents Rental Policy - that the policy outlin!ng the Guidelines for the Rental of the Recreation Commission Tents be approved; 13. Information Items: 1) Chippawa Flooding - that the information provided regarding Chippawa Flooding be received; 2) Transfer of Waste Management Responsibilities to the Region - Appointment of Elected Representative to Municipal Waste Transition Steedng Committee - that Alderman Fermino Susin be appointed to represent the City on the Municipal Waste Transition Steering Committee; - 7- 3) N. F. Transportation Study Newsletter - that information provided on the N.F. Transportation Study Public Meeting be received; 4) Q.E.W. - Lyon's Creek Structure Repair (MTO Correspondence provided) that the Ministry of Transportation correspondence on the Q.E.W. - Lyon's Creek Structure Repair be received and filed; 5) Water and Sewage Flows to the End of September, 1995 - that the information provided on water and sewage flows to the end of September, 1995 be received and filed; 6) OGRA Consultation on Name Change - that the request from OGRA for a name change to Ontario Municipal Transportation Association be supported; 7) Backyard Composter Truckload Sale of October 21, 1995 - that information provided on the backyard Cornposter truckload sale of October 21, 1995 be received; 8) Pilot Chemical Root Control Program - that information provided on the Pilot Chemical Root Control Program be received; 9) Letter Received from Sewer Department - that the communication regarding the Supervisory positions in the Sanitation Department be referred to staff for discussion at budget deliberations. The motion Carried with Alderman Hendershot abstaining from the vote on a conflict of interest on Report MW-95-192 and Alderman Janvary voting contrary to the motion on Report MW-95-192; Aldermen Volpatti, Janvary, err and Campbell voting contrary to the motion on Report'MW-95-190 and with all others voting in favour, See By-law No. 95-239 BY-LAWS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: 95-237 A by-law to provide for prohibiting and regulating the keeping of exotic animals in the City of Niagara Falls. 95~38 A by-law to amend By-law No. 79-200, as amended. (AM-23/95, Pinewood Homes) 95~39 A by-law to authorize the execution of an agreement with Peninsula Fence & Landscaping Inc. respecting the 1995 Tree Planting Program. 95-240 A by-law to amend By-law No. 79-200, as amended. (AM14/95, Pinewood Homes) 95-241 A by-law to authorize the execution of a release of an agreement dated July 25, 1989 respecting Consent Applications B310/87 and B31187. 95-242 A by-law to authorize monies for General Purposes (October 30, 1995). The motion Carried with Aldermen Craitor, Cummings, Susin and Ward abstaining from the vote on By-law No. 95-242 on conflicts of interest previously noted and with all others voting in favour. -8- ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the following by-laws be now read a second and third time: 95-237 A by-law to provide for prohibiting and regulating the keeping of exotic animals in the City of Niagara Falls. 95-236 A by-law to amend By-law No. 79-200, as amended. (AM-23/95, Pinewood Homes) 95-239 A by-law to authorize the execution of an agreement with Peninsula Fence & Landscaping Inc. respecting the 1995 Tree Planting Program. 95-240 A by-law to amend By-law No. 79-200, as amended. (AM14/95, Pinewood Homes) 95-241 A by-law to authorize the execution of a release of an agreement dated July 25, 1989 respecting Consent Applications B310/87 and B31187. 95-242 A by-law to authorize monies for General Purposes (October 30, 1995). The motion Carried with Aldermen Craitor, Cummings, Susin and Ward abstaining from the vote on By-law No. 95-242 on conflicts of interest previously noted and with all others voting in favour. NEW BUSINESS Condition of Wall at Calaguiro Subdivision Estates Alderman Pat Cummings enquired about the condition of the wall at Calaguiro Subdivision Estates. His Worship Mayor Thomson advised that the wall had been built on private property; indicated that the stability of the wall was in question and that a full report regarding the matter would be coming to Council. Speeding Problems Aldcx'man.. Selina Volpatti expressed concerns regarding the speeding problems, ,,ii~ the City and questioned whether there were any means to control speeding vehiclli~::' '" ' Tightrope Daredevils Alderman Gary Hendershot referred to a recent newspaper article regarding Mr. Jay Cochrane, a Canadian daredevil who had tightrope walked across the Yangtze River, China recently and had expressed an interest to do this in the City of Niagara Falls. His Worship Mayor Thomson informed that the Director of the Economic Development Agency was looking at a "Daredevil Weekend" event with approval having been given by the Minolta and Skylon Towers. Signalization Alderman Ward advised that the Kegion had indicated that signalization would be provided to accommodate the lefbhand turn when travelling on Thorold Stone/Portage and Dorchester goads (5 comers). i - 9 - Kingsbridge Theatre His Worship Mayor Thomson advised that the Tender Wishes group would be performing The Nutcracker Suite and requested permission to use the Kingsbridge Theatre stage on Saturday mornings for their rehearsals. ORDERED on the motion of Alderman Orr, seconded by Alderman Volpatti, that permission be granted to the Tender Wishes group to use the Kingsbridge Theatre stage on Saturday mornings for their rehearsals. Carried Unanimously. Abolishment of Local Government His Worship Mayor Thomson informed that the Regional Chairmen had submitted a request to the Minister suggesting that local government be abolished. He indicated that an 18-month study had been conducted to look at the issue of a one-tier governmenL He advised that a Mayors meeting would be held on October 31, 1995 to discuss the issue. Alderman Puttick offered to take any information from the Mayors' meeting to the Association of Municipalities of Ontario, the Large Urban Sector on November 10, 1995. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that the meeting be adjourned. Carried Unanimously. ADOPTED, MAYOR WAYNE THOMSON REGULAR COUNCIL MEETING Council Chambers November 6, 1995 Council met on Monday, November 6, 1995 at 7:30 p.m. for the purpose of considering Regular Business. All members of Council, were present. Alderman Craitor offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the Minutes of the Regular Meeting of October 30, 1995 be adopted as printed. Carried Unanimously. DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest provided. DEPUTATIONS Safe Schools Forum Mitzi Klassen, Vice Principal, Westlane Secondary School, provided a brief summary of the Safe Schools Forum to be held with 17 community groups on November 16, 1995, from 7:00 p.m. to 9:00 p.m., at Westlane Secondary School to provide a safe environment for the children in the community. His Worship Mayor Thomson thanked Ms. Klassen for her presentation. UNFINISHED BUSINESS L-95-89 - Chief Administrative Officer- Re: Lap Dancing Prohibition By-law. The report recommends that the draR Lap Dancing Prohibition By-law attached to this report be received by' Council for its consideration. 2AND- L-95-90 - Chief Administrative Officer - Re: Lap Dancing Decision - Ontario Adult Bar Association vs. Toronto (Metropolitan Municipality). The report recommends that this report be received for information. Mrs. Katharlne Goldberg, Mrs. MIchael Goldberg and Mr. Doug Moore were not in aRendance. Me. Mlchelle Lee, an employee of the Concord Hotel discussed the issue of lap dancing and commented on concerns expressed regarding the health risks of lap dancing and indicated that she was not associated with Katharine Goldberg's organization. The City Solicitor advised that the proposed by-law would not restrict table dancing or exotic dancing, that it would prohibit physical contact or lap dancing. -2- Mr. David Crowe, Solicitor, addressed Council on behalf of the Manojlovich family owners of the concord Motor Hotel, and advised that the City's licencing by-law permits four designated zoned area establishments to operate as adult entertainment parlours; he suggested the municipality should have a comprehensive Regional by-law to deal with the issue; questioned what constitutes "lap dancing" and what constitutes the term "attendant" and what should and should not be regulated; he requested that Council reconsider the matter and that input be provided by the local establishments in the industry. A discussion followed regarding having consistency throughout the 12 municipalities with respect to the enforcement and regulation of the by-law and the revenue generated through licencing would offset the administration and inspection of the establishments. Mr. George Radjojcic, Solicitor advised that the speakers in attendance were not in opposition but were in agreement with Council's position. Ms, Guinevere, a self-employed dancer commented on concems expressed regarding "inappropriate conduct" and the health risks of lap dancing; indicated that by banning lap dancing or imposing unrealistic contact requirements would force many dancers to go on welfare, as this was their only source of income. The City Solicitor responded to concems regarding the adult entertainment by-law and advised there would be one model by-law passed by each individual Council with the Police Services Board acting as an agent to enforce and regulate the by-law at no cost to the municipality, ORDERED on the motion of Alderman Hendershot, seconded by Alderman Puttick, to refer the lap dancing by-law to the Regional Police Services Board for review and consultation and for the possible inclusion in the licencing by-law and to establish uniform regulations across the Region; and further that the stakeholders in the local industry be consulted for their input. The motion Carried with Aldermen Campbell and Orr voting contrary to the motion and with all others voting in favour. Alderman Cummings left the meeting due to an illness. COMMUNICATIONS Communication No. 347 - Condotta, Merrett & Company - Re: 4th International Invitational Gynmastic Meet. The communication requests Council proclaim the week of January 12 - January 19, 1996 as "International Gymnastics Week". ORDERED on the motion of Alderman Orr, seconded by Alderman Ward, that the requ. est be supported subject to established policy. Carried Unanimously. Communication No. 348 - Pitch-In-Ontario - Re: 1996 Pitch-In Week, May 6-12, 1995. The communication provides information on the 1996 Pitch-In Week Kits and rcquesting a response by December 15, 1995. ORDERED on the motion of Alderman Janvary, seconded by Alderman Campbell, that the matter .be referred to the Environmental Planning & Greening Committee. Carried Unanimously. REPORTS -3- REPORTS MW-95-198 - Chairperson, Municipal Parking and Traffic Comnfittee - Re: Municipal Parking and Traffic Committee Recommendations October 24, 1995 Meeting The report recommends the following: MW-95-191 - Flashing Warning Lights ou Thorold Stone Road - School Crossings That the Regional Municipality of Niagara be requested to study the feasibility of installing flashing warning lights on Thorold Stone Road between Dorchester Road and Drummond Road (Five corners), advising motorists that school children are crossing at the school crossing areas. MW-95-157 & 184 - St. Marks Avenue (~, Caswell Street 1) That an all way stop control be installed at the intersection of St. Marks Avenue and Caswell Street; 2) That a no parking restriction be installed on the north side of Caswell Street from St. James Avenue to the west limit of Caswell Street; 3) 4) That a no heavy tracks restriction be installed on St. Marks Avenue; That portable curbs be installed on the north side of Caswewll Street from St. Marks Avenue to the west limit of Caswell Street; MW-95-161 - Ellen Avenue 6~, Magdalen Street - Operational Review. 1) That an all way stop control be installed at the intersection of Ellen Avenue and Magdalen Street; That parking meters be installed on the east side of Ellen Avenue from Magdaien Street to Ferry Street; MW-95-176 - Culp Street - Parking Restriction Review 1) That parking be restricted on the south side of Culp St. from Dawlish Ave. to a point 53m east; 2) That parking be allowed on the south side of Culp St. from a point 23m west of Dawlish Ave. to a point 25m east of Drummond Rd.; MW-95--187 - Woodbine St. ~ Kalar Rd./Paddock Trail Dr. - All way Ston ReQuest t) That an allway stop control be installed at the intersection of Woodbine Street and Paddock Trail Drive; 2) That a stop control be installed on Baldwin Avenue at Woodbine Street; MW-95-177 - Oakes Drive & Dunn St. Operational Review t) That a bus loading zone, to accommodate two buses, be incorporated on the east side of Oakes Drive at a point 34m south of Dunn St. to a point 70m south of Dunn St., to facilitate the loading and unloading of passengers, adjacent to the entrance of the Minolta Tower; 2) That a bus loading zone be incorporated on the north side of Dunn St. from a point 15m west of Oakes Dr. to a point 33m west of Oakes Dr., to facilitate the loading and unloading of passengers, adjacent to the gift shops on Oakes Dr. between Dunn St. and Main St.; -4- 3) That parking meters be installed on the west side of Oakes Drive between Dunn Street and Livingstone Street; 4) That parking meters be installed on the south side of Dunn Street between Stanley Avenue and Oakes Drive; 5) That the present parking restrictions on Oakes Drive between Livingstone and Duma Street, and on Durm Street between Stanley Avenue and Oakes Drive are maintained; MW-95-183 - All Way Stop Controls Requests - Procedure to Obtain Residential Input 1) That the procedure to obtain residential input for all way stop requests be adopted and included in the criteria for determining all way stop locations; 2) That staff be requested to review the existing allw ay stop warrants and to report back to the Parking & Traffic Committee. ORDERED on the motion of Alderman Ward, seconded by Alderman Susin, that the report be approved with the exclusion of the recommendations in Report IVlVq-95-157 & 184 - St. Marks Avenue @ Gaswell Street. Carded Unanimously. Following some discussion, it was ORDERED on the motion of Alderman Ward, seconded by Alderman Volpatti, that the recommendations in Report MW-95-157 & 184 - St. Marks Avenue @ Caswell Street be deferred for 1 week. The motion was Defeated with Aldermen Craitor, Susin, Volpatti and Ward voting in favour and with all others voting against the motion. ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that the balance of the report be approved. The motion Carded with Aldermen Craitor and Volpatti voting contrary to the motion and with all others voting in fayour. R-95-78 - Chief Administrative Officer - Re: Coronation Centre Organizational Review. The report recommends that this report be received and filed for the information of Council and further that the Questionnaires handed out at tonight's meeting be completed and retmned to the Parks, Recreation & Culture by Friday, November 10, 1995. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. ~ PD-95-148 - Chair, Local Architectural Conservation Advisory Committee - Re: Action Arising from Local Architectural Conservation Advisory Committee (LACAC), Meeting of October 19, 1995. The report recommends that Council endorse the actions arising from the October 19, 1995 meeting of the Local Architectural Conservation Advisory Committee as outlined in this report. ORDERED on the motion nfAlderman Fisher, seconded by Alderman Campbell, that the report be received and adopted and further, that the oldest railway station on the Chateau Gal Winery property be referred to the LACAC Committee. Carried Unanimously. F-9~-35-ChiefAdministrativeOtticer-Re: MunicipalAccounts. The report recommends that the accounts totalling $847,572.22 for the period ending November 6, 1995 be approved by the passing of the by-law appearing later on the agenda. Further information was requested on Cheque Nos. 216123; 216151 and 216260. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. -5- RATIFICATION OF FINANCE COMMITTEE ACTIONS_ ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the actions taken on the following matters by Finance Committee, earlier this evening be approved: That the minutes of the October 30th, 1995 meeting, amended to reflect pan-time attendance by Alderman Wayne Campbell. Arts and Culture Commission 1996 Budget - - that the 1996 Budget for the Arts and Culture Commission be referred to final budget deliberations; Recreation Commission 1996 Budget - that the 1996 Budget of the Recreation Commission be referred to budget deliberations; Report MW-95-196 - Award of Tender - that the low bid submitted by Draftcon Drafting and Engineering Limited for the proposed soccer clubhouse at EE. Mitchelson Park be approved and that the City's comribution in the amount of $20,000 be taken from the Parks and Recreation reserves - Alderman Volpatti declared a conflict of interest; G.M. Garden Centre - to defer the decision on the matter until November 13, 19.95 - Aldermen Janvary and Volpatti opposed; The motion Carded with Alderman Volpatti abstaining from the vote on a conflict of interest on Report MW-95-196 and Aldermen Janvm-] and Volpatti voting contrary to the motion regarding the G.M. Garden Centre and with all others voting in favour. See By-law No. 95-244 RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Puttick, that the actions taken on the following matter by Committee-of-the-Whole on October 23, 1995 be approved: That the Step 4 Firefighters Association grievance regarding the defibrillation implementation be denied - Carried Unanimously. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the actions taken on the following matters by Committee-of-the-Whole on October 30, 1995 be approved: That the Step 4 grievance regarding the modified work program be denied - the motion Carded with Alderman Hendershot, Craitor, Orr and Campbell voting contrary to the motion and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Susin, that the amendment to the Firefighters 1995 Collective Agreement be approved - Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: That by-law to amend by-law No. 93-143 be withdrawn; 95-24:1 A by-law to ratify a Memorandum of Agreement respecting the Niagara Falls Profesisonal Fire Fighters Association. of an agreement with Draftcon Drafting and 95-244 A by-law to authorize the execution Construction of Niagara Limited respecting the construction of a park building known as E. E. Mitchelson Park· A by-law to amend By-law No. 89-2000, being a by-law to regulate parking & traffic 95-245 on City Roads. (Stop Signs, Heavy Vehicles) 95-246 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking & traffic on City Roads. (Parking Meters) 95-247 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking & traffic on City Roads. (Parking, Loading Zones) 95-248 A by-law to authorize monies for General Purposes (November 6, 1995) The motion Carried with Alderman Volpatti abstaining from the vote on a cortfiict of interest on By- law No. 95-244 and with all others voting in favour. ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary, that the following by-laws be now read a second and third time: That by-law to amend by-law No. 93-143 be withdrawn; 95-245 A by-law to ratify a Memorandum of Agreesrent respecting the Niagara Falls Profesisonal Fire Fighters Association. 95-244 A by-law to authorize the execution of an agreement with Draftcon Drafting and Construction of Niagara Limited respecting the construction of a park building known as E. E. Mitchelson Park. A by4aw to amend By4aw No. S9-2000, being a by-law to regulate parking & Irafie on City Roads. (Stop Signs, Heavy Vehicles) 95-246 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking & traffic on City Roads. (Parking Meters) on City Roads. (Parking, Loading Zones) 95-24S A by-law to authorize monies for General Purposes (November 6, The motion Carded with Alderman Volpatti abstaining from the vote on a conflict of interest on By- law No. 95-244 and with all others voting in favour. NEW BUSINESS Niagara Fafis Transportation Study being held on Wednesday, November 8, 1995 at 7 p.m. He indicated the'meeting would provide an opportunity for individuals to voice their support or opposition on the format of the Consultant's study. _ ***** Green Ribbon Festival of Stars Alderman Selina Volpatti stated that the Green Ribbon Festival of Stars event on behalf of the French and Mahaffy families' legal assistance fund would be held on Tuesday, November 21, 1995 at the Niagara Falls Memorial Arena at 7 p.m. and that there was a ticket challenge tbr members of Council. 5th Annual Festival of Trees Alderman Victor Pietrangelo indicated that the 5th Annual Festival of Trees event would be held on Thursday, November 9, 1995 at the Skyline Brock Hotel and invited everyone to attend. Regional ChairmaWs Report Alderman Judy Orr expressed concerns regarding the situation surrounding the Regional Chairman's Report and its initiation. Mayor Thomson responded that as a result of meetings held on the matter, there would be complete involvement and participation of all municipal councils to offset the Regional document, providing input and comments to the Premier. Alderman Norm Puttick indicated that he would bring the matter to the Large Urban Committee at the Association of Municipalites of Ontario meeting. Ouebec Referendum Alderman Norm Puttick referred to the aftermath of the Quebec referendum and suggested that there should be input through the level of local government on the matter of constitutional change. Kingsbridge Theatre Alderman Kim Craitor requested further information with regard to the use of the Kingsbridge Theatre for other groups and organizations for various events. He was advised by the ;City Solicitor that the issue of insurance liability would have to looked into respecting the use of the building. Tourist Notification vs Ticketing Alderman Kim Craitor referred to devising some type of notification where Commissionaires give out notifications to tourists and visitors to the City, as opposed to handing out parking tickets. ORDERED on the motion of Alderman Craitor, seconded by Alderman Hendershot, that th6 matter of tourist notification as opposed to ticketing be referred to the Parking and Traffic Committee for consideration. Carried Unanimously. -8- ThankYou Alderman Shirley Fisher thanked members of Council for the use of the Chippawa Willoughby Memorial arena for the Remembrance Day Services and requested that a letter of appreciation be sent from the Mayor's Office to staff and Legion Branch No. 396 for their endeavours. ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary, that a letter of appreciation be forwarded to staff and Legion Branch No. 396 for their excellent work. The motion Carried with Alderman Susin abstaining from the vote because he is a member of the Legion and · with all others voting in fayour. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary, that the meeting be adjourned. Carded Unanimously. READ ANDADOPTED, MAYOR WAYNE THOMSON ; 'II !! COMMITTEE OF THE WHOLE Committee Room #2 November 13, 1995 Council met on Monday, November 13, 1995 at 7:00 p.m. in Committee of the Whole. All members of Council, were present. Alderman Victor Pietrangelo presided as Chairman. Following consideration of the items presented, the Committee of the Whole rose and reported in open session. READ AND ADOPTED, MAYOR WAYNE THOMSON PLANNING MEETING Council Chambers November 13, 1995 Council met on Monday, November 13, 1995 at 7:30 p.m. for the purpose of considering Planning Matters and Regular Business. All members of Council, were present. Alderman Brace Ward offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the Minutes of the Regular Meeting of Council of November 6, 1995 be adopted as printed. Carried Unanimously. Alderman Cummings thanked members of Council and staff for their assistance at the. previous Council meeting. DISCLOSURES OF PECUNIARY INTEREST Alderman Craitor indicated a pecuniary interest on Report F-95-36, Cheque Nos. 216371 and 216347 because the recipient is his spouse's employer; and indicated a pecuniary interest on Communication No. 357 The Corporation of the City of Brampton, Business Immigrant Investor Program because he is employed by Canada Unemployment and Immigration, Alderman Cummings indicated a pecuniary interest on Report F-95-36, Cheque Nos. 216371 and 216347 because a member of his family is employed by the Region. Alderman Orr indicated a pecuniary interest on Application No. AM-21/95, Vincor International, because she is employed by the Hudson's Bay Company. -2- Alderman Ward indicated a pecuniary interest on Report PD-95-147, Application AM- 24/95, Antonio Maiolo, because he has a business relationship; and indicated a pecuniary interest on Application AM-21/95, Vincor International, because he has a business relationship. PRESENTATIONS Mrs. Anna Avila, stated that a hand drawn picture of the Falls by her son, Tristan, had been chosen by Mr. Ben Wicks to be published in his latest book entitled "Dear Canada, A Love Letter to my Country". Tristan Avila, presented a copy of the book to Mayor Thomson -in appreciation for the support and direction given in securing a Regional Centre-based Respite Program. His Worship Mayor Thomson thanked Mrs. Avila and Tristan for their attendance and presentation. PLANNING MATTERS PD-95-14R - Chief Administrative Officer - Re: Official Plan and Zoning By-law Amendment Application; AM-34/94, Kelly Crawford, 6768 Garner Road. The report recommends that Council not approve the Official Plan and Zoning By-law amendment application to permit a retail store within a future residential area that is yet to be planned. - AND - Communication No. 349 - Niagara Peninsula Conservation Authority. The communication advises as having no objection to the application. Communication No. 350 - George and Patricia Holmes, 6666 Garner Road. The communication indicates support of the proposed application. His Worship Mayor Wayne Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations on Friday, October 13, 199~5. His Worship Mayor Thomson received indication that Mr. William Slovak, Solicitor was in attendance on behalf of the applicant and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. . .. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. The Director of Planning and Development referred to the subject property with the assistance of posted sketches and reviewed the information contained in Technical Report PD-95-09R; Background; Official Plan; Physical Analysis; Nature of. the Zoning Amendment; and the Public Notification Process. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of, and a positive response from persons opposed to the application. / -3- Mr. Daniel Huard, 7000 Garner Road expressed his opposition to the proposed application and referred to increased traffic and congestion on Garner Road if the application was approved; and referred to the lack of municipal services. Mr. Huard advised that he was in agreement with staff's recommendation. Mr. William Slovak, Solicitor advised that the applicant wished to convert an existing garage to establish a country style general store on the property; distributed photographs of barn- like structures that are presently being utilized as country style businesses and indicated that the applicant was prepared to submit to site plan control; and referred to the 3.0m road widening requirements. Mr. Slovak requested that Council consider the application. Discussions ensued regarding urban usage and usage restrictions; it was noted that this development should be under site plan and urban service charges. Since no further comments were fbrthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-34/95 closed. ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher, to approve the rezoning-application on an area suitable for the provision of septic services; and to approve the commercial uses as limited to those requested in the application and that the lands be brought into the urban service area and be subject to site plan control. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the correspondence be received and filed. Carried Unanimously. PD-95-147 - Zoning by-law Amendment Application; AM-24/95, Antonio Maiolo (Agent: D. MarineIll); 5584 Fraser Street. The report recommends the following: That Council approve the application to establish a 3,000 sq. ft. building for limited Prestige Industrial uses on the lands known as 5584 Fraser Street; That the amending by-law limit the permitted uses to those stated in this report and recognize the subject lands' reduced lot area and frontage. - AND - Communication No. 351 - Ministry of Natural Resources. The communication advises as having no objection to the proposed application. His Worship Mayor Wayne Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations on Friday, October 13, 1995. His Worship Mayor Thomson received indication that Mr. Dante MarineIll, Solicitor was in attendance on behalf of the applicant and received a negative response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive funher notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of, and a negative response to persons opposed to the application. -4- The Director of Planning and Development referred to the subject property with the assistance of posted sketches and advised that concerns regarding specific uses had been discussed and that the proposed compromise was acceptable to the neighbouring residents; he indicated that the limitation of uses, along with the site design issues to be discussed during the site plan approval process would ensure that the development of the subject lands would be more compatible with the surrounding residential properties and recommended that the application be approved. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public M~eting with regard to Application AM-24/95 closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the application be approved. The motion Carried with Alderman Ward abstaining from the vote on a conflict of interest previously noted and with all others voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the correspondence be received and filed. Carried Unanimously. PD-95-149 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-25/95, Christopher Johns; 4610 Ferguson Street. The report recommends that Council approve the application for a temporary use by-law to permit the use of the illegal dwelling on the subject lands as an interim use for not more than three years. - AND - Communication No. 352a) - Regional Niagara, Hanning and Development Department. The communication advises as having no objection to the approval of the application; and Communication No. 352b) - Regional Niagara, Regional Public Works Department. The communication advises that since the long term intent for these lands is Industrial use, recognition of the additional dwelling unit should only be on a temporary basis as proposed. His Worship Mayor Wayne Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulatiom on Friday, October 13, 1995. ' His Worship Mayor Thomson received indication that the applicant, 'Mr. Christopher Johns was in attendance and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. The Director of Planning and Development referred to the subject property with the assistance of posted skeg:hes and reviewed the information contained in Technical Report PD-95- 145; Background; Provincial Policy Statements; Requested Amendmerits; Analysis; and the Public Notification Process. · There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of, and a negative response to persons opposed to the application. Since no further comments were forthcoming, His Worship Mayor Thomson declared ;the Public Meeting with regard to Application AM-25/95 closed. -5- ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings, that the application be approved. The motion Carried with Aldermen Cmnpbell, Orr and Susin voting contrary to the motion and with all others voting in favour. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cunmfings, that the correspondence be received and filed. Carried Unanimously: Public Meeting - Vincor International Application, AM-21/95, 4887 Dorchester Road. - AND - Communication No. 353 ~ IBI Group - Re: Proposed Brighis Business and Commercial Centre; South-West comer of Morrison Street and Dorchester Road. The communication requests that Council refuse the amendment application for the reasons indicated. Communication No. 354 - Hudson's Bay Company - Re: Vincor Development Proposal. The communication requests that Council deny approval of the proposal until an independent commercial policy review or peer review is undertaken. Communication No. 355a) - Broderick, Marinehi, Amadio, Hopkins, Kirkham & Rose. The communication attaches correspondence from Communication No. 355b) Larry Smith & Associates Ltd. responding to the IBI Group letter; correspondence responding to the Communication No. 355c) Hudson's Bay Company letter; correspondence from Communication No. 355d) Hyde & Paul responding to the planning issues referred to in the above referenced submissions. His Worship Mayor Wayne Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations on Friday, October 13, 1995. His Worship Mayor Thomson received indication that Mr. Dante MarineIll, Solicitor was in attendance on behalf of the applicant and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development advised that the purpose of the meeting was to consider a proposed Official Plan Amendment, to inform the public about the application; to receive deputations and submissions from interested persons and to mfur those submissions to staff for a further report on December 4, 1995. The City Solicitor provided clarification on the purpose of a second public meeting notice and advised that it had been sent out due to a technical defect as raised by Mr. Richardson, that did not go to the substance or merits of the case. He indicated "that the draft official plan amendment and zoning by-law amendment are available in the planning department" were added He advised that a second public meeting was called to correct any defect. There was a positive response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of, and a positive response to persons opposed to the application. Mr. Stephen Zakem, Solicitor, on behalf of the Loblaws Group of Companies (Zehrs) advised he was pleased to reiterate his client's support regarding Council's approval of the site plan and looked forward to building the store as soon as possible, - 6- Mr. Tom Richardson, Solicitor, Sullivan, Mahoney on behalf of the owners and tenants of the Town and Country Plaza referred to the issue of process which had not been followed; and expressed concerns regarding notification and failure to provide a copy of the proposed Official Plan amendment and zoning by-law amendment; referred to the issue of "big- box" development vs typical shopping centre development; reviewed the existing Official Plan Policies; discussed the Major Commercial Districts; The Central Business District; The Niagara Square Retail District; The Northwest Retail District; The Stamford Retail District and the Morrison/Dorchester Retail District; reviewed the Major Commercial Designation; discussed the proposed zoning by-law vs the by-law requirements that exist; referred to the Site and its Proposed Uses; Frontage, Size and Depth Requirements. Mr. Richardson indicated that the City has a substantial amount of land to accommodate this development in other areas and requested Council deny the application. Mr. Rick Pennycooke, Planning Consultant, Oshawa Group referred to the need for a "comprehensive commercial policy review"; discussed the issue of adequate storm sewer systems and road services being in place; the proposed uses and the dimensions of the proposed stores; indicated that the proposal was not a big box application and requested that it not be approved. Mr. Dante MarineIll responded to concerns expressed regarding the Official Plan Policies; referred to Policy 3.5, general policies respecting shifts in retail trends, changes in market or trade areas or special locational requirement of a particular facility may create the demand for a new or commercial facility expansion for commercial area; discussed the "services" section of the by-law, and indicated this was a provision that was included by staff; referred to non-restrictive by-law; and the permitted use of retail stores only; indicated the by- law provides for a stipulation that there must be three (3) buildings on the property. Mr. Marinelli advised that the limestone on the existing building would be used to construct the Bright's retail store. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-21/95 closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that Council receive the deputations and materials and refer them to staff for consideration prior to submitting the Official Plan Amendment and the Zoning By-law for Council's consideration on December 4, 1995, The motion Carried with Alderman Orr and WFtrd abstaining from the vote on a conflict of interest previously noted; Alderman Puttick voting contrary to the motion and with all others voting in fayour. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo, that the correspondence be received and filed. Carried Unanimously,' DEPUTATIONS Green Ribbon Festival of Stars Mr. Mark Matthews, Manager, Yuk Yuk's provided information on a fundraising event on behalf of the French/Mahaffy Legal Assistance Fund, entitled the "Green Ribbon Festival of Stars", Mr. Matthews thanked members of Council and the community for their support and invited everyone to attend. Alderman Kim Craitor presented a cheque to Mr. Matthews, in the amount of $300.00 toward the fund, on behalf of the Niagara Falls District Labour Council. - 7- Prior to dealing with further Council matters, it was ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that Mr. Gerry Nieuwesteeg, President of the G.M. Garden Centre be permitted to address Council. Carried Unanimously. Mr. Nieuwesteeg expressed concerns on the matter of the G.M. Garden Centre being an unsuccessful bidder on the 1995 Tree Planting Contract. The Director of Municipal Works advised that there had been a lack of responsiveness on behalf of the company and that those difficulties had been brought to the attention of the Community Services Committee. Following the discussion, it was ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the Ratification of the Community Services Committee Actions be brought forward. Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings, that the actions taken on Items 1 through 6, by Community Services Cmnmittee earlier this evening be approved: 1. Adoption of the Minutes of October 30, 1995 Community Services Committee Meeting; Request for Reimbursement of Tipping Fees - Marie Patton, 5303 Second Avenue - that Marie Patton of 5303 Second Avenue, be granted reimbursement of tipping fees in the amount of $107.00 - Opposed: Alderman Volpatti, Alderman Ward; MW-95-182 - Landfill Equipment Rental Cheque No. 215008 - that the Landfill Equipment Rental Report be received and filed; MW-95:199 - Building Division Status Report for October, 1995 - that the Building Division Status Report for October, 1995 be received and filed; MW-95-201 - Flood Relief Program Status Report - that the Flood Relief Program Status Report be received and filed; W-5-2- Branch Channel Improvements - Correspondence from Jean Grandoni, Philips Planning and the MOEE provided to Committee members - that the iuformation provided on the Shriner's Creek W-5-2 Branch Channel Improvements be received and filed; Public Notice - Temporary Road Closure - Stanley Avenue between Church's Lane & Thorold Stone Road (November 21 to November 23, 1995) - that the information provided on the Temporary Road Closure on Stanley Avenue between Church's Lane and Thorold Stone Road be received and filed; Operational Matters on Regional Roads in the City of Niagara Falls - that the information provided on Operational Matters on Regional Roads in the City of Niagara Falls be received and filed; The motion Carried with Aldermen Volpatti and Ward voting contrary to the Reimbursement of Tipping Fees; and with all others voting in favour. RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the actions taken on the following matter by Comnmnity Services Committee, earlier this 9vening be approved: G.M. Garden Centre - that the information on the 1995 Tree Planting Contract be received and filed with reaffirmation to award to the second low bidder -8- The motion Carried with Aldermen Craitor, Campbell, Janvary, Orr and Puttick voting contrary to the motion and with all others voting in fayour. COMMUNICATIONS Communication No. 356 - City of Etobicoke - Re: Bill 7, An Act to restore balance and stability to labour relations and to promote economic prosperity. The communication requests that Council endorse a recommendation to support Bill 7 to the Provincial government and in its own interests and those of Etobicoke's Business Community, commend the Ontario Government for its swift response to the issue of labour relations reform. ORDERED on the motion of Alderman Orr, seconded by Alderman Campbell, that the matter be referred to staff for further discussion. The motion Carried with Aldermen Hendershot and Janvary voting contrary to the motion and with all others voting in fayour. Communication No. 357 - The Corporation of the City of Brampton - Re: Business Immigrant Investor Program. The communication provides information on the proposed changes to the current immigrant investor program. ORDERED on the motion of Alderman Ward, seconded by Alderman Volpatti, that the communication be received and filed. The motion Carried with Alderman Craitor abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. REPORTS MW-95-205 - Chief Administrative Officer - Re: 1995-1996 Parking Lot Snowplowing Contract. The report recommends the following: That Dominion paving Company be awarded the contract for the supply of services for snowplowing of parking lots designated in Area 1; That Vanderweyden Landscaping be awarded the contract for the supply of services for snowplowing of parking lots designated in Area 2; 3. That the by-law appearing on tonight's Council Agenda be given the necessary readings to authorize the execution of the tender for the supply of services for snowplowing of parking lots in Area 1 and Area 2. ORDERED on the motion of Alderman Pietrangelo, seconded~by Alderman Hendershot, that the report be received and adopted, Carried Unanimously. See By-law No. 95-251 F-95-36 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $189,870.66 for the period ending Ngvemher- 13, 1995 be approved by the passing of the by-law appearing later on the agenda. Further information was provided on Cheque No. 216390 and 216372. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with Aldermen Craitor, Cummings, and Ward abstaining from the vote on conflicts of interest previously noted and with all others voting in favour, See By-law No. 95-252 RATIFICATION OF FINANCE COMMITTEE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the actions taken on the following matters by Finance Committee, earlier this evening be approved: - 9- That the minutes of the November 6, 1995 Finance Committee meeting be adopted as recorded; Review of Funding for Agencies, Boards, Commissions That the request for funding from the Niagara Falls Humane Society be referred to final budget deliberations; That the request for funding from the Niagara Falls Public Library be referred to final budget deliberations - Alderman Craitor conflict of interest; That the request for funding from the Board of Museums be refi:rred to final budget deliberations - Alderman Craitor conflict of interest; That the request for funding from the Visitor and Convention Bureau referred to final budget deliberations - Alderman Craitor conflict of interest; That the request for funding from the Niagara Chair-A-Van be reti:rred to final budget deliberations;- That the request for funding from the Niagara Transit be re/erred to final budget deliberations; MW-95-197 - User Fees for Waste Management Services - that the matter be deferred to final budget deliberations; L-95-97 - Surplus City Lands - Recommendations - that the recommendations be approved - Alderman Ward conflict of interest; NHL Oldtimers Hockey Club - Request for contribution - that the correspondence be deferred; Niagara Transit Fare Increase - that an "across the board" fare increase of 10 cents be approved; The motion Carried with Alderman Craitor abstaining from the vote on the Niagara Falls Public Library; Board of Museums; Visitor and Convention Bureau on a conflict of interest because his employer has an interest; Alderman Susin voting contrary to the Niagara Transit Fare Increase; Alderman Ward abstaining from the vote on Report L-95-97 - Surplus City Lands because he has a business interest and with all others voting in favour. CD-95-45 - Chief Administrative Officer - Re: Special Occasion Permit; Regency Hockey Club - 14th Annual Tournament. The report recommends that Council indicate it has no objection to the issuance of a Special Occasion Permit to the organization listed in this report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. L-95-86 - Chief Administrative Officer - Re: Monroe Street Vicious Dog; Dog Control & Licensing By-law. The report recommends that the report be for the information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and filed. Carried Unanimously. L-95-88 - Chief Administrative Officer - Re: Defining "Goods" Adult Entertainment Parlour Location By-law. The report recommends that Council amend the City's Adult Entertainment Parlour Location By-Law No. 86-240 in order to provide for a definition of the word ','goods" as set out in the attached draft by-law, ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. - RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS ORDERED on the motion of Aideman Ward, seconded by Alderman Craitor, to authorize staff to enter into a lease agreement with the Minister of Economic Development regarding the former EDA property on the basis of the utilities only charge, subject to the approval of the landlord. Carried Unanimously. RESOLUTIONS NO. 81 - HENDERSHOT - VOLPAT'FI - WHEREAS, on October 23, 1995, the heads of the thirteen Regional Municipalities operating in Ontario submitted a lengthy and comprehensive proposal to the Honourable Michael Harris, Premier of the Province stating that Regional Governments are the best level of government to provide municipal services; advocating an aggressive dismantling of local government as we know it, including the abolition of hundreds of Ontario cities, towns, villages, townships, boards of education, hydro and transit authorities and special purpose municipal bodies, and requesting the establishment of an exclusive "Provincial/Regional" partnership for the purpose of rationalizing jurisdictions and rearranging the future financing and delivery of all major municipal services under the control of Regional governments; AND WHEREAS, the said proposal was conceived, drafted, approved, executed and forwarded to the Premier by the thirteen Regional Chairs: without the awareness, involvement or sanction of their respective regional councils; without the involvement or knowledge of the area municipalities and other local bodies which they propose to abolish, and without any form of consultation with the municipal electorate, services to whom they propose or reorganize and remove from the authority and control of their locally-elected councils, boards and commissions; AND WHEREAS, the Regional Chairs submitted their proposal to the premier, erroneously advancing themselves as the representatives of two-thirds of Ontario's population when in fact, in all but two iralances, they are chosen or elected by the members of their respective councils and therefore cannot purport to be the legitimate voices of popular selection; AND WHEREAS, the fundamental principles of democratic government as it is practiced in Canada, its provinces and in its municipalities include open, public consultation and decision by due process to the exercise of powers vested by the electorate in their properly, elected representatives at all levels of government; AND WHEREAS, in response to provincial government cost-cuRing initiatives and other factors, citizens and their locally-elected bodies across Ontario have, in partnership and good faith, been resolutely and successfully applying themselves and their resources to the development and implementation of strategic plans, re: engineering concepts and other programs of down-siiing, consolidation and efficiency-enhancement; THEREFORE, BE IT RESOLVED THAT the Municipal Council of the Corporation of the City of Niagara Falls: a) Expresses its dismay and disappointment with the manner in which the thirteen Regional Chairs have utilized resources entrusted to the collective care of their elected councils for the purpose of independently and apparently clandestinely pursuing the wholesale dismantling of local government as we know it, and, with the apparent determination on the part of the Regional Chairs that they are sufficiently knowledgeable, experienced and gifted as to be capable of planning the future of municipal government in this province and of divining its proper course without the need to consult with or consider the views of their duly-elected regional and local colleagues, and without regard for the opinions or will of the tax-paying electorate; b) Respectfully petitions the Honourable Michael Harris, Premier of Ontario, to: i) take no action on the submission made to him by the Regional Chairs, realizing that its content represents no more than the opinions of its thirteen signatories; ii) in keeping with the Provincial Government's long-standing commitment to public participation, provide with a specific timetable, a mechanism whereby the restmcturing of municipal government will be undertaken with the complete involvement and participation of all municipal counciis, agencies and authorities, including a means wl~reby the m-paying elecWrate may exercise its fight to clearly express its will in the matter; c) Direct that a copy of this motion be forwarded to the attention of the Honourable AI Leach, Minister of Municipal Affairs, together with a request that he lend his support to its content and to the petition heroin made to the Premier of Ontario; d) Direct - 17 - that a copy of this motion be forwarded to the attention of the City's representatives to the Provincial Parliament with a request for their full and active support before the legislature; e) Direct that copies of this motion be forwarded to the attention of each of the City's Regional Councillors with a request for their active support before the Regional Council; f) Direct that a copy of this motion be forwarded to the attention of the Council of the Regional Municipality of Niagara; g) Direct that a copy of this motion be forwarded to the attention of the Councils of the area municipalities and to the Association of Municipalities of Ontario with a request for their endorsement and active support; AND The Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that leave be granted to introduce the following by-laws and the by-laws be read a first time: 95-249 95-250 A by-law o amend By-law No. 86-240, being a by-law to define the areas in the City of Niagara Falls in which Adult Entertainment Purlours may operate. A by-law to amend By-law No. 75-253, being a by-law to provide for the licensing and regulating the keeping of dogs. 95-251 A by-law to authorize the execution of agreements with LaRosa & Carrie Enterprises Ltd., carrying on business as Dominion Paving Company and John Vanderweyden operating business as Niagara Commercial Contracting for Snowplowing. 95-252 A by-law to authorize monies for General Purposes (November 13, 1995). The motion Carried with Aldermen Craitor, Cummings and Ward abstaining from the vote on By-law No. 95-252 on conflicts of interest previously noted and with all others voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the following by-laws be now read a second and third time: 95-249 A by-law o amend By-law No. 86-240, being a by-law to define the areas in the City of Niagara Falls in which Adult Entertainment Purlours may operate. 95-250 A by-law to amend By-law No. 75-253, being a by-law to provide for the licensing and regulating the keeping of dogs. 95'251 A by-law to authorize the execution of agreements with LaRosa & Carrie Enterprises Ltd., carrying on business as Dominion Paving Company and John Vanderweyden operating business as Niagara Commercial Contracting for Snowplowing. 95-252 A by-law to authorize monies for General Purposes (November 13, 1995). The motion Carried with Aldermen Craitor, Cummings and Ward abstaining from the vote on By-law No. 95-252 on conflicts of interest previously noted and with all others voting in favour. NEW BUSINESS Letters of Condolence ORDERED on the motion of Alderman Susin, seconded by Alderman Cummings, that a letter of condolence be forwarded to the family of the late Larry DeLazzer, a former city employee. Carried Unanimously. - 12 ~ ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that a letter of condolence be forwarded to the family of Susan Daniels, the City's Legal Assistant and Property Manager, on the recent loss of her father, Mr. Earnest S. Daniels. Carried_ Unanimously. Water Arrears Alderman Judy Orr referred to a complaint received from a resident regarding the receipt of a notice for a 2--cent water arrear. The Director of Finance requested further information in order that he may follow up on the matter. Nova House Correspondence Alderman Norm Puttick referred to correspondence received from a resident expressing concerns regarding Nova House and he was informed that the matter would be referred to the Budget Committee. City Hall Square Alderman Kim Craitor requested information on the status of the completion of City Hall square and was advised that the expected completion date would be the end of November. Acres Alderman Kim Craitor referred to an information letter received from Acres indicating that an operation of Acres would remain in Niagara Region. ORDERED on the motion of Alderman Janvary, seconded by Alderman Susin, that the meeting adjourn. Carried Unanimously. ? READ AND ADOPTED, E. C. WAGO, MAYOR WAYNE THOMSON ! COUNCIL MEETING COMMITTEE OF THE WHOLE Committee Room #2 November 20, 1995 Council met on Monday, November 20, 1995 at 7:00 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Kiln Craitor; and Alderman Pat Cummings, who was on vacation, were present. Alderman Paisley Janvary presided as Chairman. Following consideration of the items presented, the Committee of the Whole rose and reported in open session. READ AND ADOPTED, MAYOR WAYNE THOMSON REGULAR COUNCIL MEETING Council Chambers November 20, 1995 ' on Monday, November 20, 1995 at 7:30 p.m. for the purpose of considering ~Regula All members of Council, with the exception of Alderman Craitor, and Alderman Cummings who was on vacation, were present. Alderman Gary Hendershot offered the Opening Prayer. ADOPTION OF MINUTES on the motion of Alderman Campbell, seconded by Alderman Fisher, that the Minutes of the Platoring/Regular Meeting of Council of November 13, 1995 be adopted as Carried Unanimously. DISCLOSURES OF PECUNIARY INTEREST Aldermen Campbell, Hendershot, Janvary and Pietrangelo indicated pecuniary interests to Cherrywood Acres Public School Deputation because they are employed by the Board; and Communication No. 358, Ontario Secondary School Teachers' Federation they are members of the organization. Alderman Susin indicated a pecuniary interest on Report Nos. CD-95-42; CD-'95-43; and Bydaw No. 95-253 because members of his family are involved with an that deals with bingoa. -2- PRESENTATIONS Mr. Brian Collinson, on behalf of the Falls View Hose Brigade advised that a challenge had been presented by the Stamford Centre Vdunteer Firefighters Association to the various service clubs to get behind the defibrillator program and that the Falls View Hose ~,, Brigade had met the challenge and presented a cheque in the amount of $18,000 to Mr. Mike Newman, of the Greater Niagara General Hospital toward the purchase of two defibrillators. Mr. Newman thanked the Falls View Hose Brigade for their fundraising efforts and for their cheque toward the equipment. ' DEPUTATIONS Playground Equipment, Cherrywood Acres Public School Mrs. Lori Muller, President, Parent Volunteer Group, Cherrywood Acres Public School, addressed Council with regard to the need for playground equipment at Cherrywood Acres Public School and requested that the City assist in purchasing playground equipment for the school. Mrs. Mullet indicated that the Niagara South Board of Education had granted approval for the installation of the playground equipment providing that safety precautions would be followed and that the Board would take responsibility for the care and maintenance of the equipment. The Manager of Parks and Recreation advised that there would be community consultations with community input regarding the placement of the equipment. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the matter be referred to staff. Carried Unanimously. Project S.H.A.R.E. Ms. Roxanne Fellce, Project S.H.A.R.E., provided information on the S.H.A.R.E. CHRISTMAS Food Drive for residents living below the poverty line in Niagara Falls; discussed community involvement and participation by "adopting;' a family and preparing a Christmas food basket for a family in Niagara Falls; indicated that Niagara Transit would be collecting food donations and that collection boxes would be provided on all Niagara Transit Buses; advised that a Christmas dinner would be provided at the Skyline Foxhead Hotel for anyone who was on low income. Alderman Ward challenged members of Council to become involved in adopting a needy family in Niagara Falls and putting together Christmas food boxes. His Worship Mayor Thomson thanked Ms Felice for her presentation. COMMUNICATIONS Communication No. 358 - Ontario Secondary School Teachers' Federation - Re: Amalgamation of the two School Boards. The communication expresses concerns on the recommendation of the previous government to amalgamate the Niagara South and the Lincoln County Boards of Education and outlining a proposed model for a confederated school board. -3- ORDERED on the motion of Alderman Voipatti, seconded by Alderman Fisher, that the communication be deferred to the November 27, 1995 Council meeting. The motion Carried with Aldermen Campbell, Hendershot, Janvary and Pietrangelo abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. Communication No. 359 - Camp Maple Leaf - Re: Contribution to provide an opportunity for children to attend summer camp. The communication requests Council contribute $150.00 toward this cause and requesting a Mayor's letter of greeting to be placed in the souvenir program. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo, that the communication be received and filed. Carried Unanimously. Communication No. 360 - Township of West Lincoln - Re: Resolution. The communication advises that the Council of West Lincoln Township adopted a resolution regarding Region Wide Reassessment and requesting that the Assessment Public Information Committee inquire into the amount of farm tax rebate in 1994; and if there was a decrease of rebate money because of the reassessment whether the funds could be forwarded to the affectected Municipalities. ORDERED on the-motion of Alderman Susin, seconded by Alderman Fisher, that the communication be received and filed for the Information of Council. Carried Unanimously. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Hcndershot, seconded by Alderman Fisher, that the actions taken on the following matters by Community Services Committee, earlier this evening be approved: Adoption of the November 13, 1995 Community Services Committee Meeting Minutes; City Hall Renovations - that the information provided on City Hall Renovations be received and filed; MW-95-206 - Downtown parking Strategic Plan - that the on-street parking meter hours of operation in the Downtown be changed from 8:00 a.m.-6:00 p.m. to 9:00 a.m.-5:00 p.m.; and that all parking meters in the downtown be changed to two-hour meters from one-hour; and a three minute grace period at the parking meters be implemented; and beginning Saturday, December 2, 1995 (for the remainder of December) two hours free parking be offered in the hourly pay parking lots and advertising be provided in a joint venture with the Downtown; and effective January 1, 1996 monthly lease parking be reduced from $30.00 to $20.00 plus tax and $25.00 to $15.00 plus tax, and that an incentive be provided that if paid for the entire year by January 1, 1996 one month lease parking will be free; and the on-street parking restrictions be implemented as outlined in the Downtown Strategic Plan to complete the first phase; and a Merchant Token Program be introduced in conjunction with the Downtown BIA to offer incentives to both the merchants and the customers; and this program be reviewed after one year Opposed:Aldermen Janvary and Orr; motion Carried with Aldermen Janvary and Orr voting contrary to the motion on Report MW-95-206 and with all others voting in fayour. on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the the following matters by the Committee of the Whole, earlier ~is evening be -4- ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the City Solicitor be authorized to commence legal action against Pro-Teck Roofing Ltd. to recover outstanding landfill tipping fees totalling $7,500 - Carried Unanimously. 2. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietmngelo - that the employment stares with the former Director of Economic Development Depamuent be fmalized by the payment of 15 months salary in lieu of notice and 15% benefits and that the payment of legal fees and the payment of up to $4,000 for job counselling services to be paid no later than June 30, 1996; The motion Carried with Alderman Orr voting contrary to the motion and with all others voting in fayour; 3. ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that the legal action against Mr. Tony Gudgeon be settled, subject to Mr. Gudgeon paying within 90 days the sum of $1,000 to the City, that Mr. Gudgeon withdraw the counter- claim filed with the City and to execute a final release in a form satisfactory with the City Solicitor. The motion Carried with Aldermen Susin, Orr and Pietrangelo voting contrary to the motion and with all others voting in favour. REPORTS Prior to dealing with Council reports, Mayor Thomson indicated that a request from the Monte Carlo Bingo Association had been made to defer Report CD-95-42 (Formation of Municipal Bingo Committee) and Report CD-95-95-44 (Amend to the Lottery Licenee Fee Schedule) to the Council meeting of December 4, 1995. CD-9542 - Chief Administrative Officer - Re: Formation of Municipal Bingo Committee. The report recommends that the formation of a Municipal Bingo Committee, with representation from all sectors of the bingo industry not proceed at this time. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted. The motion Carried with Alderman Susin abstaining from the vote on a conflict of interest previously noted and with all others voting in layout. CD-95-43 - Chief Administrative Officer - Re: St. Archangel Michael Serbian Orthodox Church; Re: Bingo Operations. The report recommends the following: . That Council affirm that as an existing bingo licensee, the St. Archangel Michael Serbian Orthodox Church would have preferred status on the municipal bingo waiting list, in the event that this organization relinquish their Wednesday evening time slot and that the event calendar be reduced to reflect the change; That Council instruct staff to conduct a complete review of the review of the current bingo market and assess the implementation of an allocation program to assist this organization and others waiting for a municipal bingo licenee access the current market; 3. That in the interim, Council allow St. Archangel Michael Serbian Orthodox Church permission to use one local bus to bring their bingo and that such permission is granted for a three-month trial period, ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo, that the report be received and adopted. The motion Carried with Alderman Susin abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. CD-95-44 - Chief Administrative Officer - Re: Amendment to the Lottery Ltcence Fee Schedule. The report recommends the following: -5- That Council adopt the new fee schedule for lottery licences, effective immediately, except bingo which would become effective for the licensing period begixming April 1, 1996; 2. That Council pass the by-law appearing later on the agenda. ORDERED on the motion of Alderman Campbell, seconded by Alderman Fisher, that Council approve the report and adopt the new fee schedule for lottery licences, effective immediately, except for bingo fees which will be deterred ti3r consideration in January, 1996; and that Council pass the by-law as amended to remove reference to bingo fees. The motion Carried with Alderman Susin abstaining from the vote on a conflict of interest previously noted and with all others voting in fayour. See By-law No. 95-253 CD-95-46 - Chief Administrative Officer - Re: City Run Bingo Facility. The report recommends that Council receive and file this report for information purposes. ORDERED on the motion of Alderman Puttick, seconded by Alderman Pietrangelo, that the report be received and filed for information. The motion Carried with Alderman Susin abstaining from the vote on a conflict of interest previously noted and with all others voting in fayour. L-95-91 - Chief Administrative Officer - Re: Charges Against Rudan Holdings Limited; Adult Entertainment Purlour Licensing By-la~v No. 93-143. The report recommends that this report be received for information only. ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti, that the report be received and filed for information. Carried Unanimously. RESOLUTIONS NO. 82 - HENDERSHOT - VOLPATTI - RESOLVED that the Council of the City of Niagara Falls Petition the Ministry of Transportation for Interim Payment under the Public Transportation and Highway Improvement Act on Expenditures made in the year 1995, for construction and maintenance, the total amount being $4,508,546.00; AND The Seal of the Corporation be hereto affixed. .Carried Unanimously_ BY-LAW__S ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that leave be granted to introduce the following by-law and the by-law be read a first time: 95-253 A by-law to set fees for lottery licences, as amended, by the deletion of the · changes to the bingo fees. The motion Carried with Alderman Susin abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, the following by-law be now read a second and third time: 95-253 A by-law to set fees for lottery licences, as amended, by the deletion of the changes to the bingo fees. The motion Carried with Alderman Susin abstaining from the vote on a conflict of interest previously noted and with all others voting in fayour. -6- NEW BUSINESS Lundy's Lane Battlefield Area Alderman Shirley Fisher referred m correspondence expressing concerns of the possible development in the Lundy's Lane battlefield area. His Worship Mayor Thomson advised that there were ongoing meetings with the groups and Niagara Parks Commission on the matter and that discussions with Mr. Robert Foley indicated that roserye funds which had been set aside may be relinquished in order to save the property. Speeding Vehicles on O'Neil Street Alderman Campbell referred to concerns expressed regarding speeding vehicles on O'Neil Street; referred to the erection of signs indicating a School Zone and requested the moving of the signs be looked into. ORDERED on the motion of Alderman Campbell, seconded by Alderman Ward, that the matter of speeding vehicles on O'Nefl Street be referred to the Parking and Traffic Committee. Carried Unanimously. Snowplowing of City Parking Lots Alderman Wayne Campbell referred to the snowplowing of parking lots in the Victoria Avenue and Roberts Street area and requested that the matter of snowplowing of private lots also be looked into. .-;' ' ORDERED on the motion of Alderman Campbell, seconded by Alderman Ward, that the matter of snowplowing in municipal parking lots and private lots be referred to staff for a report. Carried Unanimously. Letters of Thanks Alderman Gary Hendershot suggested that letters of appreciation be forwarded to the individuals involved in the Misty Awards, the Winter Festival of Lights, Wheel World and the Santa Claus Parade that had been held on the weekend. ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, · E C ....................................MAYOR WAYNE THi ii Gi COMMITTEE OF THE WHOLE Committee Room #2 November 27, 1995 Council met on Monday, November 27, 1995 at 7:00 p.m. in Committee of the Whole. All members of Council, with the exception of Alderman Pat Cummings, and Alderman Brace Ward, who were on vacation, were present. Alderman Fermino Susin presided as Chairman. Following consideration of the items presented, the Committee of the Whole rose and reported in open session. READ AND ADOPTED, DEPUTY CITY CLERK REGULAR COUNCIL MEETING Council Chambers November 27, 1995 Council met on Monday, November 27, 1995 at 7:30 p.m. for the purpose of considering Regular Business. All members of Council, with the exception of Alderman Cummings, and Alderman Ward, who were on vacation, were present. Aldennan Shirley Fisher offered the Opening Prayer. ADOPTION OF MINUTES Alderman Craitor indicated a pecuniary interest from the Council meeting of November 20, 1995 on Report Nos. CD-95-42; CD-95-43; CD-95-44; CD-95-46 and By-law No. 95-253 because he is involved with an organization that operates bingos. ORDERED on the motion of Alderman Campbell, seconded by Alderman Hendershot, that the -. Minutes of the Regular Meeting of Council of November 20, 1995 be adopted as printed. Carried Unanimously. DISCLOSURES OF PECUNIARY INTEREST Aldermen Campbell, Hendershot, Janvary, and Pietmngelo indicated pecuniary interests on the Deputation from Niagara South Board of Education because they are employed by the School Board; and on Communication No. 361, the Ontario Secondary School Teachers' Federation, because they are members of the Federation; and Communication No. 362, the Welland County Roman Catholic Separate School Board, because they are employed by the School Board. -2- Alderman Craitor indicated a pecuniary interest on Report CD-95-47, because he is involved with an organization that operates bingos; and Report F-95-37, Cheque Nos. 216576; 216942; M91159 because the recipient is his spouse's employer; and Cheque No. 217026, because he sits on the Board of Directors as a volunteer member. Alderman Susin indicated a pecuniary interest on Report CD-95-47, because members of his family are involved with an organization that deals with bingos; and Report F-95-37, Cheque No. 216684 because the recipient is his mother. Year. PRESENTATIONS The presentation to the Poewee Select Roller Hockey Team was postponed until the New Donation of Christmas Toys Steven Perrier was in auendance to donate I00 Christmas toys to the Fire Department and Niagara Regional Police. Chief Corfield accepted the donation of 50 toys on behalf of the Fire Department and Superintendent Gary Nicholls accepted the donation of 50 toys on behalf of the Niagara Regional Police. His Worship Mayor Thomson thanked Steven for his efforts and attendance at Council. Multiple Sclerosis Exceptional Achievement Award Ms. Belinda Yorke, Program Co-Ordinator, M.S. Buddy Program advised that the program matched public school children together with individuals with Multiple Sclerosis in chronic care facilities and stated that Cherrywood Acres Public School had been officially recognized for the Multiple Sclerosis Exceptional Achievement Award and introduced Kelsey Vicory; Emily Porta; Jesslea Kropae; Jessica McCourt and Jeremy Kroeker who were in attendance with their Principal, Mr. Norm Prebbel to receive the Multiple Sclerosis Exceptional Achievement Award. ~ His Worship Mayor Thomson congratulated and thanked them for the. ir participation in the program. Heroic Efforts His Worship Mayor Thomson presented tokem of appreciation to Ed Michalczyk, Mike Poortinga and Mindy Giancz for their heroic efforts in assisting some motorists involved in a tragic accident on the Q.E.W. and Lyons Creek Road on September 24, 1994, Superintendent Gary Nicholls thanked the individuals for their .efforts. DEPUTATIONS Ms. Sandra Plavinslds, on behalf of the Niagara Falls Volunteer Bureau, discussed a fundraising initiative and introduced Mr. Norman Fortin, who provided information on the design of the pewter Christmas ornament he had c,reated for the fundraising event. -3- Niagara South Board of Education Ms. Ann Gronski, Board Chair, and Mr. Bruce Russell, Superintendent, Business Affairs, addressed Council regarding the proposed amalgamation of the Region's two Public Boards, Lincoln County and Niagara South, and through the use of slides, reviewed the Total Operating Expenditures; Total Central Administration Expenditures; Lincoln Board vs. Niagara South Board of Education; the total Average Administration costs per Student; Comparison of Administration Costs per Student by Ministry of Education and Training; Collective Agreements - How will they be harmonized; How will Education be funded; rel~rred to the Increase/ Decrease in local property taxes; Deficiencies in Collective Agreements; How would the Surplus be distributed. - AND - Communication No. 361 - The Ontario Secondary School Teachers' Federation - Re: Amalgamation of the two School Boards - expressing concerns on the recommendation of the previous government to amalgamate the Niagara South and the Lincoln County Boards of Education and outlining a proposed model for a confederated school board. Communication No. 362 - Welland County Roman Catholic Separate School Board - Re: Ontario School Board Reduction Task Force - the communication provides a summary of the reasons for matching the mill rates of the Public Board for budget year 1995. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Susin, that the correspondence be received and filed. The motion Carried with Aldermen Campbell, Hendershot, Janvary and Pietrangelo abstained from the vote on conflicts of interest previously noted and with all others voting in fayour. Neighbourhood Policing Program Superintendent Gary Nicholls indicated that the program had been the culmination of a year long study by members of the Niagara Regional Police, citizens and support agencies; introduced the representative of the District Citizen's Advisory Committee; advised that the Neighbourhood Policing program results in displacing crime in a community by local problem solving; community consultations and communications; support from public, private agencies and citizen groups; and allocation of resources to local high priority concerns; informed that due to the successful pilot study project in Stamford Village area, there would be full program implementation on January 1, 1996 and that the program would be expanded to Fort Erie by July, 1996. Superintendent Nitbolls introduced Rhonda Lammer, Program Co-Ordinator, Social Planning Council who reviewed the issue of Healthy Communities and the components to a health community including citizen participation and involvement; inter/inner sectorial work networking; local government involvement and future development of a healthy public policy; discussed the "Get Connected" project and the involvement of the Niagara Regional Police. His Worship Mayor Thomson thanked and congratulated Superintendent Nicholls and Ms. Lammer for their presentation. .............. IiqI]i I] I"Ii 'I n]I -4- Niagara District Labour Council Mr. Wayne Hardwick, Niagara District Labour Council expressed opposition to the City of Etobicoke's resolution to adopt the Government's Bill 7; discussed the changes to the laboar laws; highlighted the major changes and the effects on the working people of Bill 7. Mr. Hardwick stated that the changes to Bill 7 are intolerable and unacceptable and requested that Council receive and file the resolution. - AND - Report HR-95-15 - Chief Administrative Officer - Re: Bill 7. The report recommends that ' the report is for the information of Council. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the report be received and filed for the information of Council Carried Unanimously. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the correspondence be received and filed. Carried Unanimously. COMMUNICATIONS Communication No. 363 - Stagefx Special Effects Inc. - Re: Pyrotechnic presentation. The communication requests permission to hold a pyrotechnic presentation from the top of the Skylon Tower on December 31, 1995. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the request be supported subject to Fire Department approval. Carried Unanimously. Communication No. 364 - Mr. Alvin Neufeld, 7995 Michael St. - Re: City owned property designated as an easement. The communication requests permission to park a motorized recreational vehicle on the property directly adjacent to his property line. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the matter be referred to staff. Carried Unanimously. Communication No. 365 - City of St. Catharines - Re: Resolution. The communication requests Council support a resolution with respect to Province Wide Settlements by Interest Arbitrators. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the matter be deferred for a report from the Chief Administrative Officer. Carried Unanimously. REPORTS F-95-37 - Chief Administrative Officer - Re: Municipal Accounts. The report reconunends that the accounts totalling $2,894,429.14 for the period ending November 27, 1995. Further information was provided on Cheque No. 216932 and on the Senior Citizens' Rebate Cheques. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and adopted, The motion Carried with Aldermen Craitor and Susin abstaining from the vote on conflicts of interest previously noted and with all others voting in fayour, See By-law No. 95-257 -5- RATIFICATION OF FINANCE COMMITTEE ACTION__S ORDERED on the motion of Alderman Campbell, seconded by Alderman Janvary, that the actions taken on the following matters by the Finance Committee, earlier this evening be approved: - That the minutes of the November 13th, 1995 meeting be adopted as recorded. Report HR-95-16 - Renewal Contract - Baylis & Associates - that the contract with Baylis & Associates as the provider of the Employee Assistance Program for 1996 be renewed at an annual cost of $22,202.52; Niagara Falls An Gallery - to deny the grant request from the Niagara Falls Art Gallery; Report CD-95-39 - Automated Vote Tabulating Equipment - that the subject of automated vote tabulating equipment be referred to final budget deliberations; Report R-95-82 - New and/or Increased User Fees - that the Cemetery Fees be increased by 3 % for foundations and 5% for land acquisition and burials for 1996 as indicated in the Schedule of Fees appended to Report R-95-82 - 3 opposed; - that meetings be held in 1996 to gather input from the sport field user groups on a possible fee to potentially be implemented in 1997, and that a report be prepared prior to the 1997 budget process - 1 opposed; - that discussions on the following reconunendations be deferred pending the reading of the Provincial Budget: For the next ~ye years, the Arena Ice Rental Fees be increased by 2% over and above the percentage increase of fkxed costs (utilities, etc.); The Ice Rental Fees be increased by 7% (5% utility increases, plus 2%) for 1996 to be utilized as follows: (a) 1% be utilized to reduce the level of subsidization; and (b) The remaining 1% be directed to a Reserve Fund for construction of a new arena. The motion Carried with Alderman Hendershot declared a conflict of interest with reference to Report HR-95-16, Renewal Contract for Baylis & Associates as a member of his family is employed by the City of Niagara Falls. RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS ORDERED on the motion of Alderman Pietmngelo, seconded by Alderman Hendershot, that the actions taken on the following matters by the Committee of the Whole, earlier this evening. be approved: - That the action in Ontario Court, General Division between the City of Niagara Falls and C.P.S. Cresson Project Services Ltd. be settled upon C.P.S. Cresson paying to the City the sum of $20,000 in full and final satisfaction of all damages, interests and costs and further that a final release be executed by the Mayor and Clerk; and that staff prepare a report for Council to set out the full background in the matter of the contract between the City and C.P.S. Cresson, Carried Unanimously. CD-95-47 - Chief Administrative Officer - Re: Municipal Bingo Calendar; Reduction of Friday and Saturday Late Night Bingo. The report recommends the following: 1, That the Friday late night time slot, currently operating in a trial period of one event per week become permanent; -6- That the Saturday late night time slot, currently operating in a trial period of one event per week become permanent; 3. That the event calendar be amended to reflect these changes. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the report be deferred. The motion Carried with Aldermen Craitor and Susin abstaining from the vote on conflicts of interest previously noted and with all others voting in fayour. CD-95-48 - Chief Administrative Officer - Re: Niagara Peninsula Canadian Hungarian jCultural Centre/Niagara Strings Building Payment Proposal. The report recommends the following: That Council approve the proposal for the use of bingo proceeds of the two organizations for construction and ongoing maintenance of a new facility, to be known as the ARPAD Park Community Centre; That the organizations be allowed to apply $170,000 in existing bingo funds toward the initial cost; That the organizations be allowed to apply a maximum of $100,000 per year (combined from both organizations) for a maximum of ten years; 4. That the approval be subject to the conditions outlined in this report. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. 1,95-20 - Chief Administrative Officer - Re: Disposal of Portion of Closed Laneway; North Side of Buttrey Street between Hickson Avenue and Broughton Avenue. The report recommends that parts of a laneway, being part of a closed laneway on the north side of Buttrey SWeet being designated as part 1 on Reference Plan 59R-8021 be transferred to F. W. Roberts Manufacturing Canada, Inc. and Part on Reference Plan 59R-8021 be transferred to Niagara Bronze Limited for nominal consideration together with costs of the reference plan and registration costs and provided F.W. Roberts Manufacturing Canada, Inc. and Niagara Bronze Limited execute final releases in favour of the City and further the Mayor and Clerk be authorized to execute the said Transfers. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. t See By-law No. 95-256 L-95-93 - Chair, Ad Hoc Committee on Sign By-laws - Re: Sign By-law 6661, 1994 as mended. The report recommends that the Sign By-law, being By-law No. 6661, 1994, as amended, be further amended as set out in the draft amending By-law attached to this report, so as to permit portable signs to have an advertising surface not exceeding 32 square feet and to permit illumination, subject to the limitations set out in the attached draft amending By-law. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the report be received a~.d adopted. Carried Unanimously. See By-law No. 95-254 BY-LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that leave be granted to introduce the following by-laws and the by-laws be read a first time: . A by-law to amend By-laW No. 6661, as amended,,being a by-law in respect of signs. - 7- 95-255 A by-law to designate the property at 3174 St. Patrick Avenue, known as the Russell Cottage, to be of historic and architectural value and interest. 95-256 A by-law to authorize the conveyance of a laneway between Lot Nos. 180, 181 and 212 and 213, Plan No. 997 to the abutting owners. 95-257 A by-law to authorize monies for General Putposes (November 27, 1995). The motion Carried with Aldermen Craitor and Susin abstaining from the vote on By-law No. 95-257 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, secouded by Alderman Fisher, that the following by-laws be now read a second and third time: 95-254 95-255 ~ 95-256 ~ 95-257 A by-law tea mend By-law No. 6661, as amended, being a by-law in respect of signs. A by-law to designate the property at 3174 St. Patrick Avenue, known as the Russell Cottage, to be of historic and architectural value and interest. A by-law to authorize the conveyance of a laneway between Lot Nos. 180, 181 and 212 and 213, Plan No. 997 to the abutting owners. A by-law to authorize monies for General Putposes (November 27, 1995). The motion Carried with Aldermen Craitor and Susin abstaining from the vote on By-law No. 95-257 on conflicts of interest previously noted and with all others voting in fayour. NEW BUSINESS City Hall Renovations Alderman Judy Orr discussed the funding levels and approval of the City Hall Renovations; clarification was provided by the Chief Administrative Officer and the Director of Finance advised that a Municipal Works had been filed at the beginning of the year which sited that the entire amount of renovations would be $98,500. His Worship Mayor Thomson provided clarification regarding the changes to the Administration Offices and stated that Council had approved the changes and renovations a.t budget time and that the total cost to the Mayor's Office would be approximately $4,500. The Director of Municipal Works responded to concerns expressed and stated that the work would be done by sub-contractors and individual trades with the City co-ordinating the renovations. He indicated that staff would come back to Council if additional funding was required. Nutcracker Suite Alderman Shirley Fisher advised of the Mayor's participation in "Nutcracker Suite" a fundraising event for Tender Wishes, to be held on November 30, 1995 and December 1, 1995. -8- Letters of Condolence ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary, that a letter of condolence be forwarded to the family of the late Mary Prestia, wife of William Prestia and well-respected citizen of the community. CatTied Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary, that a letter of condolence be forwarded to the family of the late Albert Menna, a member of Club Italia and the Niagara Falls Chamber of Commerce. CatTied Unanimously. . 'ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that a letter of condolence be forwarded to the family of the late Jennie Louise Mitchelson, wife of the late Ed Mitchelson, former Alderman of Niagara Falls City Council. CatTied Unanimously. ORDERED on the motion of Alderman Puttick, seconded by Alderman Pietrangelo, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, GARY D. , DEPUTY CITY CLERK MAYOR WAYNE THOMSON REGULAR COUNCIL MEETING Council Chambers December 4, 1995 Council met on Monday, December 4, 1995 at 7:30 p.m. for the purpose of considering Regular Business. All members of Council, with the exception of Alderman Cummings, who was on vacation, were present. Alderman Selina Volpatti offered the Opening Prayer. ADOPTION OF MINUTE__S ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that the Minutes of the Regular Meeting of Council of November 27, 1995 be adopted as printed. Carried Unanimously. ***** Prior to dealing with Council matters, His Worship Mayor Thomson referred to correspondence received from Emilie Fowler, Women and Resources which addressed the issue of violence agaimt women and the murder of 14 young women in 1989 in Montreal and urged Council to consider the consequences when budgeting for women's services in the community. Mayor Thomson requested a moment of silence for the 14 slain women in Montreal. DISCLOSURES OF PECUNIARY INTEREST Aldermen Campbell, Hendershot, Janvary, and Pietrangelo indicated pecuniary interests on Report F-95-38, Cheque No. 217161 because the recipient was their employer. Alderman Campbell indicated a pecuniary interest on the Deputation from Westlane Secondary School because he is employed at Westlane Secondary School. pRESENTATIONS Heroic Efforts His Worship Mayor Thomson presented tokens of appreciation to Mr. David Pierini '. and Mr. Mark Fortuna, employees at the Village Inn, in recognition of their outstanding courage and quick thinking in the saving of a human life. DEPUTATIONS Project Red Ribbon 1995 Mr. Paul Fell, Principal, Westlane Secondary School, imroduced the Co-Chairs of Project Red Ribbon 1995, Jennifer Koch and Angela Arsenio, who discussed the 7th annual Province-wide program and provided ribbons to members of Council on behalf of the Ontario Students Against Impaired Driving (OSAID) and requested Council support by displaying the red ribbons from their vehicles and City vehicles. -2- Constable Tim Trombley, Co-ordinator, Community Policing, on behalf of the Niagara Regional Police expressed support and endorsement of the program. Following the presentation, it was ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo, that Council endorse the program and authorize that red ribbons be displayed on City vehicles. The motion Carried with Alderman Campbell abstaining from the vote on a conflict of interest previously noted and with all others voting in fayour. His Worship Mayor Thomson thanked everyone for their efforts and attendance. Casino in Niagara Falls His Worship Mayor Thomson referred to the issue of Niagara Falls being designated as ihe next Casino site by the Provincial government and expressed appreciation to Alderman Puttick, Chairman of the Casino Committee; Mr. Chuck Antonio, Mr. AI Fagen; Ms. Ev McTaggert and Shirley Carr on behalf of the YES Committee, Mr. Wayne Hardwick, Niagara District Labour Council and members of staff that were involved in the project; reviewed the process regarding the site selection of an interim and permanent site. Following further discussion, it was ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that a letter of appreciation be forwarded to the Casino Committee for a job well done. Carried Unanimously. COMMUNICATIONS Communication No. 366 - Ontario Human Rights Commission - Re: Proclamation - requesting Council proclaim December 10, 1995 as "Human Rights Day" in commemoration of the 471h Anniversary of the United Nations' Universal Declaration of Human Rights. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the request be supported subject to established policy. Carried Unanimously. Communication No. 367 - Corporation of the City of Thorold - Re: In Pursuit of Better Government - The Provincial\Regional Partnership in the Areas of Service Responsibility Governance and Financing. The communication provides information re~arding attendance and participation in a meetifig to be set up with the 12 area municipalities along with their Chief Administrative Officer to establish a committee and prepare a report from a municipal prospective to deal with the issue of local governance and the provision of services. ' ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Orr, that the communication be received and fried. Carried Unanimously. Communication No. 368 - Elaine Hall - Re: User Fees. The communication expresses concerns regarding user fees for garbage pickup. ORDERED on the motion of Alderman Volpaui, seconded by Alderman Fisher, that the communication be received and filed. Carried Unanimously. · Communication No. 369 - Michelle Miller, 7080 Windsor Crescent - Re: Parking spaces. The commm'ca~on expresses concerns regarding "Mother's to be" parking spots being. utilized by other individuals. ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo, that the matter be referred to staff. Carried Unanimously. -3- Communication No. 370 - Niagara District Airport Commission - Re: Appointment to Commission. The communication requests Council appoint Mr. Brian Olsen, Olsen-Sottile Insurance Brokers to the Niagara District Airport Commission. ORDERED on the motion of Alderman Ward, seconded by Alderman Janvary, that the request be supported. Carried Unanimously. See Resolution No. 84 Communication No. 371 - Association of Municipalities of Ontario (AMO) - Re: Bill 20, The Land Use Planning and Protection Act, 1995. The communication requests comments from AMO membership by December 15, 1995 in order to prepare a submission to the Standing Committee concerning changes to the Planning Act ORDERED on the motion of Alderman Susin, seconded by Alderman Pietrangelo, that the matter be referred to staff. Communication No. 372 - Family Federation for Unification and World Peace - Re: Proclamation. The communication requests that December 7, 1995 be proclaimed "Family Federation for Unification and World Peace Day". ORDERED on the motion of Alderman Hendershot, seconded by Alderman Campbell, that the communication be received and filed. Carried Unanimously. REPORTS M'VV-95-215 - Chief Administrative Officer - Re: Tenders for the Rental of Tandem Salt and Sand Spreader Trucks for the 1995 - 1996 and 1996-1997 Winter Seasons. The report recommends that the tender prices received from Sacco Construction for the rental of one Salt and Sand Spreader Tandem track at $95.00 per hour, for the 1995-1996 and $97.50 per hour for the 1996-1997 winter seasons be accepted. This compares with the $85.00 per hour price for the 1994-1995 winter season. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously. MW-95-216 - Chief Administrative Officer - Re: Contract 93-114 and 93-115, Release of Performance Bond to Condotta Construction Ltd. The report recommends that Council pass the by-law appearing on tohight's agenda authorizing the Mayor and City Clerk to sign the attached release. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Susin, that the report be received and adopted. Carried Unanimously. See By-law No. 95-267 MW-95-217 - Municipal Parking & Traffic Chair - Re: Municipal Parking & Traffic Committee Recommendations of November 28, 1995 Meeting. The report recommends the following: 1994-1995 Agreement - Canadian Corps of Commissionaires (Hamilton) - that the services of the Canadian Corps of Commissionaires (Hamilton) be extended for the period of Jantmry 1, 1996 to March 31, 1996 for by-law enforcement purposes with no increase for administration and no increase to employee wages; · Centre Street Parking - that parking meters be installed along Centre Street from October 15, to March 31 yearly; Request for drop-off zone - In front of Guardian Drug Store (Queen Street) - that a drop-off zone be established on the north side of Queen Street in front of Guardian Drug Store on a 6-month uial basis; MW-95-202 - Coventry Road - Parking Restrictions Request - that parking be restricted on the south side of Coventry Rd. from Kalar Rd. to Buckingham Dr. at all times; -4- 5. MW--95-207 - Springdale Avenue - Parking Restriction Request - that parking be restricted at all times on both sides of Springdale Ave. from Glendoone St. to the south limit of Springdale Ave.; 6. MW-95-208 - Pitton Road @ Westwood Street - Intersection Control Review - that an all way stop control be installed at the intersection of Pitton Rd. at Westwood St.; 7. MW-95-209 - Overnight Parking By-law and Enforcement - that 1) the enforcement of the Overnight Parking by-law begin immediately and that an advertisement be placed in the local paper; 2) that the by-law be strictly enforced from November 15 to April 15 on a yearly basis; 3) that the by-law be enforced on a complaint basis only from April 16 to November 14 on a yearly basis and only during this time a warning letter be issued on first sighting unless it is a safety concern or any other parking violation; 4) that the on-street permit be reduced from $150.00 per year, plus taxes to $50.00 per year, plus taxes; and 5) that the by-law be advertised in the local newspaper three times a year. ORDERED on the motion of Alderman Ward, seconded by Alderman Volpatti, that Recommendations I through 7, except Recommendation #3 (Request for drop-off zone - In front of Guardian Drag Store - Queen Street) be approved. Carried Unanimously. ORDERED on the motion of Alderman Ward, seconded by Alderman Craiter, that Recommendation #3 be referred to the Parking and Traffic Committee and that staff meet on site. The motion Carried with Aideman Puttick voting contrary to the motion and with all others voting in favour. RATIFICATION OF COM1VIUNITY SERVICES ACTIONS ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the actions taken on the following matters by the Community Services Committee, earlier this evening be approve. d: 1. Approval of the November 20, 1995 Community Services Meeting Minutes as amended; 2. MW-95-210 - City of Niagara Falls Corporate Base Map - that the City of Niagara Falls Corporate Base Map report be received and filed with thanks to staff for their efforts on this project; 3. Request for Reimbursement of Tipping Fees - Mrs. Rosemarie Kovacs - that Mrs. Rosemarie Kovacs be granted reimbursement of tipping fees in the amount of $99.00 and that staff provide a report regarding recycling of shingles - Opposed: Aldermen Volpatti, Puttick and Ward; MW-95-211 - Revised Building Division Fees - that the Revised Building Division Fees Report be deferred for one week in order that the Building Liaison Committee can review recommendations contained in Report MW-95-211; MW-95~212 - Proposed Amendment to By-law 81-274 - Market Operation - that the fee increase for the Niagara Falls Farmer Markets as set out in Schedule "C" be approved and that By-law 81-274 be amended accordingly; MW-95-218 - Sunnyside Ill Subdivision - financial Settlement - that Report MW-95-218 be received and filed; R-95-83 - Max Brigade Control Line Model Flying Club - Agreement for Use of Crowlatul Park -'that the agreement between the City and the Max Brigade Control Line Flying Club for the use of Crowland Park be endorsed, and that the by-law oontained in the .Council agenda be approved; - - 5- R-95-84 - Municipal Alcohol Risk Management Policy - that the adoption of the Municipal Alcohol Risk Management Policy be supported, coming into fome May 1, 1996, with the number of required people to be trained for events be 25% by May 1, 1996, 50% by November 1, 1996, 75% by May 1, 1997 and 100% by November 1, 1997; and that the Policy be forwarded to Council for final approval; and that Community Groups utilizing City facilities be provided with a copy of the Policy and its effective date; and that the Policy be attached to the Special Occasion Permit Applications following the effective date; Information Item - Water and Sewage Flows to the end of October, 1995 - that the information be received regarding Water and Sewage Flows to the end of October, 1995; The motion Carried with Aldermen Volpani, Puttick and Ward voting contrary to the motion on the Reimbursement of Tipping Fees - Mrs. Rosemarie Kovacs and with all others voting in favour. See By-law No. 95-265 PD-95-150 - Chief Administrative Officer - Re: Official Plan Amendment Notification Procedures. The report recommends that this report be received and filed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the report be received and adopted. 'The motion Carried with Alderman err abstaining from the vote on a conflict of interest because she is employed by The Bay Company and with all others voting in fayour. See By-law No. 95- 259 PD-95-156 - Chief Administrative Officer - Re: Official Plan & Zoning By-law Amendment Application: A1VI-21/95, Vincor International Inc., Southwest corner of Dorchester Road and Morrison Street. The report recommends the following: That Council adopt, by by-law, the Official Plan Amendment for the development of a commercial complex on the southwest corner of Dorchester Road and Morrison Street; That Council, by resolution, determine in accordance with Section 34(17) of the Planning Act that the changes reflected in the Zoning By-law for application AM-21/95 (Vincor International Inc.) requires no further notice to be given in respect of the proposed by- law; That Council approve the zoning by-law amendment for the first phase of the conunercial development that will permit a maximum gross retail floor area of 320,000 sq. ft.; 4. That Council approve the Site Plan Control By-law for the subject lands; That Council require a development agreement addressing such matters as traffic control, road improvements, servicing, sidewalks, tree plantines, etc. and that such an agreement be provided at the time and in conjunction with the Site Plan Agreement. - AND - Communication No. 373 - IBI Group. The communication requests that Council deny the application due to the reasons indicated in the communication. There was a positive response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of or opposed to the application. Mr. Rick Pennycooke, Planning Consultant, Oshawa Group expressed the following concerns: that the area where the development is to be situated is not contemplated by the Official Plan and indicated the need for a comprehensive commercial policy review; that the proposal was twice the size of the existing commercial development at the intersection of Dorchester and Morrison; indicated that the Vincor proposal was beyond the City's Official Plan and Suggested the City determine the changes before consideration is given; stated that the - 6- policies in the Official Plan aimed at encouraging prestige and industrial and business park uses along the Q.E.W. core, have been ignored in the review process and indicated if the application was approved, the City would be bard pressed to refuse further applications for this area. Mayor Thomson thanked Mr. Pennycooke for his submission. Following the discussion, it was ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Headershot, that the report be received and adopted. The motion Carried with Alderman Orr abstaining from the vote on a conflict of interest because she is employed by The Bay Company; and Alderman Ward abstaining from the vote on a conflict of interest because he has a business interest and with all others voting in layout. See Resolution No. 83 See By-law No. 95-259 See By-law No. 95-260 See By-law No. 95-261 ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo, that the correspondence from the IBI Group be received and filed. Carried. F-95-38 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the accounts totalling $453,834.95 for the period ending December 4, 1995 be approved by the passing of the by-law appearing later on the agenda. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the report be received and adopted. The motion Carried with Aldermen Campbell, Hendershot, Janvary and Pietrangelo abstaining from the vote on a conflict of interest previously noted and with all others voting in layout. See By-law No. 95-269 RATIFICATION OF FINANCE COMMITTEE ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that the actions taken on the following matters by the Finance Committee, earlier this evening be approved: 1. Adoption of Finance Committee Minutes of November 27, 1995: 2. Stamford Lions Club Request - that the request from th~ Stamford Lions Club for reduction of the service club special sales licence fee be referred to staff for further comment; 3. Cardinal Newman School CPTA Request for funding - that the request from Cardinal Newman School CPTA for a handicapped accessible playground be referred to staff for further negotiations with the developer - Conflict: Aldermen Campbell, IIendershot, Janvary and Pietrangelo - because they are employed by the School Board; 4. F-95-13 - Banking Services - that the City seek tenders for the provision of banking services; Canadian/American Border Trade Alliance Request for funding - that the request for funding from the Canadian/American Border Trade Alliance be received and filed. The motion Carried with Aldermen Campbell, Hendershot, Janvary and P~etrangelo abstaining from the vote on the Cardinal Newman School Request on conflicts of interest previously noted and with all others voting in fayour. CD-95-50 - Chief Administrative Officer - Re: Reduction and Refund of Taxes; Section 443 Municipal Act; Business I.D. 0040; 3799 Montrose Road; 2725 100 003 04200. The report recommends that a reduction of taxes amounting to $786.91 for the year 1994 be made to Hind and Associates Insurance Brokers Inc. ORDERED on the motion of Alderman Janvary, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. CD-95-51 - Chief Administrative Officer - Re: 1996 Council Schedule. The report recommends that Council pass the By-law appearing on this evening's agenda adopting a .schedule of meetings for Council for 1996. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. See By-law No. 95-258 L-95-94 - Chief Administrative Officer - Re: Corfield Street Closing and Conveyance to Marineland of Canada, Inc. The report recommends the following: That the road allowance known as part of Corfield Street, designated as parts 26 to 39 on reference Haft 59R-3242, be stopped up, closed and conveyed to Marineland of Canada, Inc. reserving an easement in fayour of Washington Mills Electro Minerals Corp. its successors and assigns, Washington Mills, an abutting owner, having advised the City that ti does not wish to acquire any part of the said mad allowance, for nominal consideration together with costs of the reference plan and registration costs; That Transfers of Easements be granted to those utilities having existing easements over the said street, prior to the Transfer of land; That the Mayor and Clerk be authorized to execute the said Transfer of land and Transfers of Easements. There was a negative response to the Mayor's request if anyone was in attendance who was opposed to the application. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. RESOLUTIONS NO. 83 - HENDERSHOT - VOLPATTI - RESOLVED that this Council does determine, in accordance with Section 34 (17) of the Planning Act, R.S.O., that the changes reflected in the proposed zoning by-law for Application AM-21/95 (Vincor International Inc.) for the Niagara Falls Planning area require no further notice to be given in respect of the proposed by-law. AND The Seal of the Corporation be hereto affixed. The motion Carried with Aldermen Orr and Ward abstaining from the vote on a conflict of interest and with all others voting in fayour. NO. 84 - WARD - JANVARY - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby appoints Mr. Brian Olsen to the Niagara District Airport Commission. AND The Seal of the Corporation be hereto affixed. Carried Unanimously.. - B- BY-LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that leave be granted to introduce the following by-laws and the by-laws be read a first time: 95-258 A by-law to amend By-law 89-155 and adopt a Schedule of Meetings. 95-259 A by-law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. 95-260- A by-law to amend By-law No. 79-200, as amended. (Vincor International, AM- 21/95) 95-261 A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan control areas. 95-262 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads (Stop signs, Through Highways). 95-263 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on city Roads (Parking Meters, Parking Restrictions) 95-264 95-265 WITHDRAWN. A by-law to authorize the execution of a licence agreement with Max Brigade Control Line Model Flying Club respecting the use of part of Crowland park for the purpose of operating its model flying club. 95-266 A by-law to authorize the execution of an Indemnity Agreement dated November 7, 1995 with Her Majesty The Queen in Right of Ontario respecting the relocation of Ontario Hydro cable facilities in connection with the Niagara Gateway Project. 95-267 A by-law to authorize the execution of a Release of Performance Bond for Contracts 93-!.14 and 93-115 for Cnndotta Construction. 95-268 A by-law to stop up and close part of Corfield Street, designated as parts 26 to 39, inclusive, on Reference Plan 59R-3242. t 95-269 A b½-1aw to authorize monies for General Purposes (December 4, 1995). The motion Carried with Aldermen err and Ward abstaining from the vote on By-law Nos. 95- 259; 95-260 and 95-261 on conflicts of interest previously noted; and Aldermen Campbell, Hendershot, Janvary and Pietrangelo abstaining from the vote on By-law No..9_~-269 nn conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the following by-laws be now read a second and third time: 95-258 A by-law to amend By-law 89-155 and adopt a Schedule of Meetings. 95-259 A by-law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. 9S-260 A by-law to amend By-law No. 79-200, as amended. (Vincor International, AM- 21/95) 95-261 95-262 95-263 95-264 95-265 95-266 95-267 95-268 -9- A by-law to amend By-law No. 85-238 respecting the classes of development that may be undertaken in site plan control areas. A by-law to amend By-law No, 89-2000, being a by-law to regulate parking and traffic on City Roads (Stop signs, Through Highways). A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on city Roads (Parking Meters, Parking Restrictions) WITHDRAWN. A by-law to authorize the execution of a licence agreement with Max Brigade Control Line Model Flying Club respecting the use of part of Crowland park lbr the purpose of operating its model flbying club. A by-law to authorize the execution of an Indemnity Agreement dated November 7, 1995 with Her Majesty The Queen in Right of Ontario respecting the relocation of Ontario Hydro cable facilities in connection with the Niagara Gateway Project. A by-law lo authorize the execution of a Release of Performance Bond for Contracts 93-114 and 93-115 for Condotta Construction. A by-law to stop up and close part of Corfield Street, designated as parts 26 to 39, inclusive, on Reference Plan 59R-3242. 95-269 A by-law to authorize monies for General Purposes (December 4, 1995). The motion Carried with Aldermen err and Ward abstaining from the vote on By-law Nos. 95- 259; 95-260 and 95-261 on conflicts of interest previously noted; and Aldermen Campbell, Hendershot, Janvary and Pietrangelo abstaining from the vote on By-law No. 95-269 on conflicts of interest previously noted and with all others voting in fayour. NEW BUSINESS Congratulations to Alderman Susin and Family ORDERED on the motion of Alderman Janvary, seconded by Alderman Pietrangelo, that congratulations be forwarded to Alderman Fermino Susin and his son Jamie and wife Sue, on the recent birth of their twin sons. Carried Unanimously. Reprintin., of By-laws Alderman Puttick referred to the printing of by-laws for Council agendas and suggested that the by-laws be listed on the Agenda and not be reprinted in full in the packages, in order to cut down costs. During the discussion, the City Solicitor advised that by including by-laws in the packages, it provides an opportunity for the Aldermen to read them over and then pass or defeat them. Opening of Bender Hill His Worship Mayor Thomson referred to correspondence received from the Victoria Avenue Property and Business Owners Association regarding the opening up of Bender Hill. Following some discussion, it was ORDERED on the motion of Alderman Hendershot, seconded by Alderman Puttick, that the correspondence be forwarded directly to the Victoria Avenue Business Association for further information on whether the comments expressed were the position of the Association or whether they were the position of one individual. The motion Carried with Aldermen Susin and Volpatti voting contrary to the motion and with all others voting in favour. ORDERED on the motion of Alderman Puttick, seconded by Alderman Ward, that the meeting be adjoumea. Carried Unanimously. READ AND ADOPTED, COMMITTEE OF THE WHOLE Committee Room #2 December 11, 1995 Council met on Monday, December 11, 1995 at 4:30 p.m. in Committee of the Whole. All members of Council, were present. Alderman Judy Orr presided as Chairman. Following consideration of the items presented, the Committee of the Whole did not rise to report in open session. READ AND ADOPTED, PLANNING MEETING Council Chambers December 11, 1995 Cotmcil met on Monday, December 11, 1995 at 7:30 p.m. for the purpose of considering Planning Matters and Regular Business. All members of Council, were present. Alderman Victor Pietrangelo offered the Opening Prayer. ADOPTION OF MINUTES. Alderman Ward requested that the Minutes of December 4, 1995 be mended to reflect his conflict of interest on Report PD-95-156, Vincor International Inc., because he has a business interest. Alderman Volpatfi requested that the Minutes of December 4, 1995, under New Business be mended to read the "Opening of Bender Hill". ORDERED on the motion of Fisher, seconded by Alderman Pietrangelo, that the Minutes of the Regular Meeting of Council of December 4, 1995 be adopted as amended, .Carried Unanimously. DISCLOSURES OF PECUNIARY INTEREST Alderman Cummings indicated a pecuniary interest from the Council meeting of November 20, 1995 on Report Nos. CD-95-42 and CD-95-46 because he is a member of an organization that runs bingos; and indicated a pecuniary interest from the Council meeting of November 27, 1995 on Report No. F-95-37, Cheque Nos. 216576;216942 and M91159, because a member of his family is employed by the Region. -2- Alderman Cummings indicated a pecuniary interest on Report F-95-39, Cheque Nos. 217312 and 217415 because a member of his family is employed by the Region. Alderman Craitor indicated a pecuniary interest on Report F-95-39, Cheque Nos. 217312 and 217415 because the recipient is his spouse's employer. Alderman Fisher indicated a pecuniary interest on Report L-95-98 because she lives next door to the subdivision. Alderman Pietrangelo indicated a pecuniary interest on Report L-95-98 because a member of his family lives nearby. Alderman Susin indicated a pecuniary interest on Report F-95-39, Cheque No. 217402 and 217276 because members of his family are volunteer firefighters. Alderman Volpatti indicated a pecuniary interest on the matter of a condominium conversion at 6390 Huggins Street because she is the Director of a company which has dealings with the applicant. Alderman Ward indicated a pecuniary interest on Report F-95-39, Cheque No. 217254 because he has a business interest. PRESENTATIONS Business Showcase Award Mrs. Wendy Canavan, Economic Development Department provided a brief company profile outlining the company's substantial accomplishments that have contributed to the economic growth of the community and introduced Mr. Bob Gale, Jr. of Gale's Gas Bars. His Worship Mayor Thomson, on behalf of members of Council, the residents of Niagara Falls and the Economic Development Advisory Board, congratulated and presented the Niagara Falls Business Showcase Award to Mr. Bob Gale, Jr. Mr. Bob Gale, Jr. thanked members of Council for the award and the local residents for their support. PLANNING MATTERS PD-95-157 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-28/95, Reorganized Church of Jesus Christ of Latter Day Saints (Agent: E. Raimondo); 4865 St. Lawrence Avenue. The report recommends the following: That Council approve the application to change the zoning of the lands from R5F to Institutional and with site specific provisions to limit the uses to a place of worship and a community kitchen; 2. · 'That Council approve relief to those provisions of the Institutional zone as required by the revised site plan; That Council deny the applicant's request to waive the $750 application fee for this application. - AND - Communication No. 374 - Niagara Peninsula Conservation Authority. advises as having no objection to the proposed application. The communication -3- Communication No. 375- Regional Niagara Public Works Department. The communication advises as having no objection to the rezoning application, but requests that there be compliance with the Regional Sewer Use By-law 3308-83 Section 4(2) and the Plumbing Code with respect to the installation of an interceptor for the removal of grease. Communication No. 376 - Regional Niagara, Planning and Development Department. The communication advises as having no objection to the application. His Worship Mayor Wayne Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Deputy City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations on November 10, 1995. His Worship Mayor Thomson received indication that Mr. E. Raimondo was in attendance on behalf of the applicant and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. The Director of Planning and Development referred to the subject property with the assistance of posted sketches and reviewed the information contained in Technical Report PD-95-151, Proposal; Nature of the Amendment; Official Plan; Requested Amendments and the Public Notification Process. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of, and a negative response from persons opposed to the application. Marion Grimo, Co-Ordinator and Executive Director of the Community Kitchen indicated the need for more kitchen space and storage facilities and requested the relocation of the washroom facilities. Since no fittiber comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-28/95 closed. ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher, that Recommendations #1 and #2 be approved and that Recommendation #3 be waived. Carried Unanimously. ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher, that the correspondence be received and filed. Carried Unanimously. PD-95~159 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-26/95, Carborundum Pulpstone Inc.; 7772 Stanley Avenue. The report recommends the following: That Council approve the application to have the zoning of the lands changed from Heavy Industrial (HI) to General Industrial (GI) with the exception of the request to have recreational uses added to the list of permitted uses; -4- That the applicant be required to satisfy the requirements of the City's Combined Sewers Abatement Program and to comply with the Regional Sewer Use By-law 3308.83 prior to the passing of the amending by-law. - AND - Communication No. 377 - Niagara Peninsula Conservation Authority. advises as having no objection to the application. The communication Communication No. 378 - Washington Mills Electro Minerals Corp. The communication advises as strongly objecting to including recreational uses in the requested zoning change, and requesting that Council reject the zoning changes to include recreational. Communication No. 379 - Regional Niagara, Planning and Development Department. The communication advises as having no objection to the approval of the application. His Worship Mayor Wayne Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Deputy City Clerk advised that the Notice of the Public Meeting had been given in accordance with Regulations by prepaid First Class mail on November 10, 1995. His Worship Mayor Thomson received indication that the applicant, Mr. Tony Castodi was in attendance and received a positive respome to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. The Director of Planning and Development referred to the subject property with the assistance of posted sketches and reviewed the information contained in Technical Report PD-95-155, Proposal; Nature of the Amendment; Background; Official Plan; Nature of the Zone Change; and the Public Notification Process. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of, and a positive response from persons opposed to the application. Mr. Ralph Powell, Chairman, Washincision Mills Canada expressed concerns on the inclusion of recreational uses in the zoning change; referred to the very congested shared roadway that utilizes over 44 ~actor trailer dump tracks every day and of the operation of one of the largest electric arc furnaces in the world and that the addition of a recreational facility would substantially add to the control and safety problems related to individuals ending up near the furnace installation or on a very congested roadway. Mr. Powell requested that Council reject the rezoning change to include recreational uses. Mr. Tony Castodi, President, Carborundum Pulpstone Inc. expressed concerns regarding the required zoning and storm sewer requirements; responded to concerns expressed regarding the impact on the mutual roadway; referred to the reduction of the operations over a number of years and the need to utilize the building space. The Director of Planning and Development indicated that the uses established were illegal operating uses that did not conform with the zoning by-law; referred to the procedures and timeframes to be followed; advised that staff could not support the future recreational uses because Provincial legislation stated that Class lII industries require separation distances; that the concerns of Washington Mills could be handled through the site plan process. -5- The Director of Municipal Works responded to concerns regarding sewer separation and advised that information regarding sewer concerns could be provided to the applicant. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM-26/95 closed. ORDERED on the motion of Alderman Susin, seconded by Alderman Orr, that the report be approved with the exception that the recreational aspect be deferred. The motion Carried with Alderman Volpatti abstaining from the vote on a conflict of interest and with all others voting in favour. ORDERED on the motion of Alderman Susin, seconded by Alderman Orr, that the correspondence be received and filed. Carried UnanimouslL. PD-95-158 - Chief Administrative Officer - Re: Condominium Conversion; 6390 Huggins Street; CD-95-001; Exemption to the Rental Housing Protection Act; Draft Plan of Condominium. The report recommends that the application for Exemption to the Rental Housing Protection Act and Draft Plan of Condominium be approved subject to the conditions detailed in this report. - AND - Communication No. 380 ~ Mrs. Rose Woodruff, 6390 Huggins St. The communication requests that notice be given to her regarding Council's decision regarding the condominium conversion under the Rental Housing Protection Act. His Worship Mayor Wayne Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Deputy City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Rental Housing Protection Act, by Prepaid First Class mail on November 15, 1995 to all agents and tenants to which the application applies. His Worship Mayor Thomson received indication that Mr. John Broderick, Solicitor, was in attendance on behalf of the applicant and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting. The Director of Planning and Development referred to the subject property with the assistance of posted sketches and provided information with regard to the Rental Housing Protection Act; discussed the Conditions of Approval - Exemption to Rental Housing Protection Act; the Draft Plan of Condominium and recommended approval of the application. ' There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of, and a positive response to persons opposed to the application. Eda Barr and Dorothy Logan residents of the apartment unit indicated that they did not wish to purchase their units but wished to remain in the building. Mr. Bredcrick indicated that his clients were aware of the conditions put forward by the planning department; he reviewed the conditions of the Housing Pwtection Act; and stated that his clients were prepared to prepared to comply with the conditions outlined and to deal with the concerns expressed. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Report PD-95-158, CD-95-001 closed. -6- ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. The motion Carried with Alderman Volpatti abstaining from the vote on a conflict of interest previously noted and with all others voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the correspondence be received and filed. Carried Unanimously. COMMUNICATIONS Communication No. 381 - Niagara South Federation of Agriculture - Re: Regional Tree Cutting By-law. The communication requests Council support regarding giving bona fide farmers complete exemption from the Tree Cutting By-law. ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo, that the matter be deferred in order to define the wording of "exempt". Carried Unanimously. Communication No. 382- Ms. Jean Grandoni, R.R. #1, Garner Road - Re: Shriner's Creek Tributary W-5-2 Floodplain. The communication expresses concerns regarding the Shriner's Creek Tributary W-5-2 Floodplain Calculations and commenting on the 1996 budget and Project proposal. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the communication be received and fried. Carried Unanimously. REPORTS MW-95-219 - Chief Administrative Officer - Re: Contract #94-122, Park Street Reconstruction from River Road to Ontario Avenue. The report recommends that the unit prices submitted by the low tenderer, V. Gibbons Contracting Ltd. be accepted and the by-law be passed. ORDERED on the motion of Alderman Craitor, seconded by Alderman Puttick, that the report be received and adopted. Carried Unanimously. See Resolution No. 85 See By-law No. 95-272 MW-95-222 - Chief Administrative Officer - Re: Conditional Building Permit, Pine Meadows Townhomes, Drummond Road, Falk Masonary Ltd. The report recommends that staff be authorized to execute the conditional Building Permit Agreement between the City and Falls Masonry Ltd. and the by-law authorizing the same be approved. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and adopted. The motion Carried with Aldermen Craitor, Fisher, Janvary and Susin voting contrary to the motion and with all others voting in fayour. See By-law No. 95-95-278 R-95-86 - Chief Administrative Officer - Re: R-95-86, Review of Recreation Commission; Arts & Culture Commission; and Environmental Planning and Greening Committee. The report recommends the following: That by-law No. 9141 for the Recreation Commission (RC) be amended to ten (10) members, eight (8) citizen representatives and two (2) Aldermanic appointments; 4 That the attached revised Terms of Reference for the Recreation Commission (RC) and Environmental Planning & Greening Committee (EP&G) be approved; That By-law No. 91-41 for the Recreation Commission (RC) be amended to reflect the attached Revised Mandate and Terms of Reference; - 7- 4. That the Community Appointments to the Arts & Culture Commission (A&CC) be postponed until February of 1996. ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. FD-95-08 - Chief Administrative Officer - Re: De~briHator Agreement with Base Hospital. The report recommends that Council authorize the Mayor and the Clerk to sign the Defibrillator Agreement between the City and the Base Hospital. ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. FD-95-09 - Chief Administrative Officer - Re: Installation of Emergency Generator. The report recommends that Council approve the low tendered price from Besseling Plumbing & Heating of $68,373.00 for the installation of an emergency generator for the Fire Department. ORDERED on the motion of Alderman Puttick, seconded by Alderman Susin, that the matter be deferred. The motion was Defeated with Aldermen err, Puttick, and Susin voting in fayour of the motion and with all others voting contrary. Following further i:liscussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and adopted. The motion Carried with Aldermen Orr, Puttick and Susin voting contrary to the motion and with all others voting in favour. . F-95-39 - Chief Administrative Officer - Re: F-95-39, Municipal Accounts. The report recommends that the accounts totalling $652,749.00 for the period ending December 11, 1995 be approval by the passing of the by-law appearing later on the agenda. ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the report be received and adopted. The motion Carried with Aldermen Craitor, Cummings, Susin and Ward abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. See By-law No. 95-279 RATIFICATION OF FINANCE COMMITTEE ACTIONS ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the actions taken on the following matters by the Finance Committee, earlier this evening be approved: King's Bridge Inn - that the subject of impost fees for the King's Bridge Inn property be referred to staff for a report; 2. MW-95-211 - that the recommendations contained in Report MW-95-211 respecting ' revised building division fees be approved; 3. Report R-95-87 - Ice Rental Fees be deferred to final budget deliberations; Report R-95-88 - that an application be made for funding from the Ministry of Citizenship, culture and Recreation for $30,000 for the feasibility study for a new YMCA and a community swimming pool and that financing of the study be as follows: Ministry - $30,000; Niagara Falls YMCA - $15,000 and the City of Niagara Falls (Special Purpose Reserve) - $15,000; 5. Fire Safety Program - that the City sponsor 100 children for the Fire Departme~it's School Fire Safety Program at a total cost of $800.00. The motion .Carri~ with Alderman err voting contrary to Report R-95-88 and the Request for Sponsorship for the Fire Safety Program. -8- L-95-95 - Chief Administrative Officer - Re: Controlling and Licensing of Cats. The report recommends that cats in the City of Niagara Falls not be licensed or controlled through by-law but the practice be continued to refer all complaints to staff for investigation and action. ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. Following some discussion, it was ORDERED on the motion of Aideman Craitor, seconded by Alderman Pietrangelo, that staff look into the matter of controlling the number of cats per household. Carried Unanimously. L-95-97 - Chief Administrative Officer - Re: Kingsbridge Theatre. The report recommends that Kingsbridge Theatre be declared as surplus lands and further that Kingsbridge Theatre be offered for sale to the public by way of sealed tenders and subject to the conditions for the sale as set out in Schedule "A" attached hereto. ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be received and adopted. The motion Carried with Alderman Volpatti voting contrary to the motion and with all others voting in fayour. L-95-98 - Chief Administrative Officer - Re: Chippawa Subdivision West Phase I. The report recommends that the Developer, Queensway Chippawa Properties Inc. not be required to deposit a Letter of Credit for its voluntary contribution of $132,500 for the construction of the oversized sanitary sewer on Weinbrenner Road until it is ready to proceed with the project but that the City of Niagara Falls not send a Letter of Clearance to the Regional Municipality of Niagara nor issue Building Permits until the said sums are deposited with the City of Niagara Falls, by the Developer. ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received and adopted. The motion Carried with Aldermen Fisher and Pietrangelo abstaining from the vote on conflicts of interest previously noted and with all others voting in fayour. RESOLUTIONS NO. 85 - CRAITOR - PUTTICK - RESOLVED that the unit prices submitted by the low tenderer, V. Gibbons Contracting Ltd., for Contract #94-122, Park Street Road Reconstruction from River Road to Ontario Avenue, at the low tendered amount of $I,932,321.79, be accepted; AND The Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that leave be granted to introduce the following by-laws and the by-laws be read a first time: 95-264 A by-law to amend By-law No. 94-42, as amended, being a by-law respecting buildings and building permits. 95-270 A by-law to amend By-law No. 79,200, as amended. (AM-24/95, Antonio Maiolo). 95-271 A by-law to amend By-law No. 79-200, as amended. (AM-25/95, Christopher Jolms) 95-272 A by-law to authorize the execution of an agreement with V. Gibbons Contracting Ltd. respecting road reconstruction on Park Street from River Road to Ontario Avenue. .! -9- 95-273 A by-law to amend By-law No. 94-248, being a by-law regulating storm water run off from private property. 95-274 A by-law to amend By-law No. 85-60, 1985, as amended, being the Sewer By- law. 95-275 A by-law to amend By-law No. 6661, 1964, as amended, with respect to signs in the City of Niagara Falls. 95-276 A by-law to amend By-law No. 73-159, as amended, being the Swimming Pool Fence By-law. 95-277 A by-law to authorize the execution of an agreement with the Greater Niagara General Hospital. 95-278 A by-law to authorize the execution of a conditional Building Permit Agreement with Fails Masonry Limited. 95-279 A by-law to authorize monies for General Purposes (December 11, 1995). The motion Carried with Aldermen Craitor, Cummings, Susin and Ward abstaining from the vote on By-law No. 95-279 on conflicts of interest previously noted and with all others voting in favour. . ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the following by-laws be now read a second and third time: 95-264 A by-law to amend By-law No. 94-42, as amended, being a by-law respecting buildings and building permits. 95-270 A by-law to amend By-law No. 79,200, as amended. (AM-24/95, Antonio Maiolo). 95-271 A by-law to mend By-law No. 79-200, as mended. (AM-25/95, Christopher Johns) 95-272 A by-law to authorize the execution of an agreement with V. Gibbons Contracting Ltd. respecting road reconstruction on Park Street from River Road to Ontario Avenue. 95'273 A by-law to mend By-law No. 94-248, being a by-law regulating storm water run off from private property. 95-274 A by-law to mend By-law No. 85-60, 1985, as mended, being the Sewer By- law. 95'275 95'276 A by-law to mend By-law No. 6661, 1964, as mended, with respect to signs in the City of Niagara Falls. A by-law to mend By-law No. 73-159, as amended, being the Swimming Pool Fenc~ By-law. 95-277 A by-law to authorize the execution of an agreement with the Greater Niagara General Hospital. 95-278 A by-law to authorize the execution of a conditional Building Permit Agreement with Falls Masonry Limited. - 10- 95-279 A by-law to authorize monies for General Purposes (December 11, 1995). The motion Carried with Aldermen Craitor, Cummings, Susin and Ward abstaining from the vote on By-law No. 95-279 on conflicts of interest previously noted and with all others voting in favour. NEW BUSINESS Thank You Alderman Gary Hendershot thanked members of the Westlane OSAID Chapter of the 1995 Red Ribbon Campaign for providing the Christmas ornament to members of Council. 1996 Nia~lara Falls Cal6ndar Alderman Gary Hendershot referred to the 1996 calendars supplied by Niagara Falls Tours to members of Council and which could be purchased for $5.00 each. Article in Niagara Falls Review Alderman Gary Hendershot expressed concerns regarding an article in the Niagara Falls Review which referred to the charging of a $4.00 per bag garbage fee. During the discussion, it was noted that Council would not be dealing with the matter at budget time. Further discussions ensued with respect to the provision of the agenda packages to the media and clarification was provided by the Deputy City Clerk. It was determined that the existing position with regard to the provision of Council agenda's remain. Parking Lot at Victoria and Robinson Alderman Wayne Campbell requested further information on the matter of the parking lot at Victoria and Robinson being snowploughed. Project. Share Alderman Selina Volpatti thanked the community for their assistance and referred to the need for food and food vouchers for Project Share's Food Baskets. - 11- Emerqencv Generator Installation Alderman Fermino Susin requested further details on the cost of the emergency generator installation for the fire department. Chief Peter Corfield provided information on the procedure that is followed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, SPECIAL MEETING OF COUNCIL Councfi Chambers December 14, ~995 Council met on Thursday, December ~4, 1995 at 7:30 p.m. in a Special Meeting of Council to consider ratification of Finance Committee actions with respect to the ~996 Budget. All members of Council were present. His Worship Mayor Thomson presided as Chairman. CBnflicts of Interest: Alderman Craitor declared a conflict of interest respecting discussions on Bingo Licensing Fees. Alderman Orr declared a conflict of interest respecting discussions on the Senior Citizen Tax Grant. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the actions taken by the Finance Committee with respect to the 1996 Budget on December 14, 1995 be adopted as presented in the Finance Committee Minutes with the following amendments: that large tournaments be billed for any extra costs associated with their tournament, i.e. staff overtime; - that sewer lateral cleaning fees be increased from $35 to $60; - that bingo licenee fees be increased by 3% across the board; - that the sewer surcharge be increased to reflect 65% recovery; - that the Senior Citizen Tax Grant be eliminated; - that the reco~mnendations for Permissive Grants (items 1 to 22 inclusive) contained in Alderman Hendershot's submission (see Appendix I) be approved with the exception of Niagara Women in Crisis which will continue to be funded at the 1995 level of $19,000 pending results of ongoing investigation; that the recommendations for Fee for Service Groups (items 23 to 31 inclusive) , contained in Alderman Hendershot's submission (see Appendix I) be approved. The motion Carried with Alderman Campbell voting contrary to the motion and with Alderman Orr voting contrary to that part of the budget dealing with funding to the Visitor & Convention Bureau. ORDERED on the motion of Alderman Janvary, seconded by Alderman Volpatti, that Report R-95-89 - Ice Rental Fees for Arenas be approved as follows: 1) That Ice Rental Fees be increased by 10%, effective May 1, 1996; and 2) The user groups be informed that another 10% increase will also be assessed on May 1, 1997. The motion Carri~ with Aldermen Craitor, Orr and Pietrangelo voting contrary to the motion and with all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED,